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Fawcett's Meadows AZ PP • HUB OF TREASURE VALLEI'~ A Good Place to Live COUNCILMEN OFFICIALS F Clty Clerk R CITY O F MERIDIAN RONALD R. TOLSMA ROBERT GIESLER T easure JANICE GA S 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 a Planning KENNY BOWERS. Fire Chief , Phone (208) 888-4433 JIM JOHNSON BILL GORDON. Police Chief P.E. City Engineer GARY SMITH FAX (208) 887-4813 Centennial Coordinator , , PATSY FEDRIZZI GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITE~IN THE CITY OF MERIDIAN To insure that your comr~.~its and recommendations will be considered by the Meridian ((--~~ may we have your answer bye `~ TRANSMITTAL DATE RE®UEST= i2- 23- 9 ~ .-- -- HEARING DATE: ~ -) ~ ~ / y ,-~ ,., , ~ ~'C .iu,.. LOCATION OF PROPER]`Y vv JIM JOHNSON P/Z MOE ALIDJANI,P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSfORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C BOB 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 OR C 11 t F?R O J E C T: ~~YY\S2~.v1~ .,~ CQ.rJI ~''>ti..,,~ MERIDIAN SCH40L DISTRICT MERIDIAN POST OFFICE (PRELIM AND fINAI PLATS} ADA COUNTY HIGHWAY DLSTRICT ,: AOA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH ' NAMPA MERIDIAN IRR. DISTRICT SETTLERS IRRIGATION'DTSTRICT IDAHO POWER CQ`~(PRELIM AND FINAL PLATS} U Sc WEST (PRELIM AND FINAL PLATS) INTERMOUNTAIN GAS (PRELIM AND FINAL PLATS} BUREAU OF RECLAMATION (PRELIM AND FINAL PLATS) CITY FILES OTHER YOUR CONCISE REMARKS u.. T I~ RECEI~IED DEC 141993 APPL~,TION FOR ANNEXATION APPROVALC~TY ~~ MERIDIAN ZONING OR REZONE MERIDIAN PLANNING AND ZONING COMMISSION FILING INFORMATION I. GENERAL INFORMATION 1~(~=2i D~,hfV NIE~Do\YS (PROPOSED NAME OF SUBDIVISION) S : Mme! (~i~l ~D,4 ~ ~T' ~ C~ L-D~IZ\YD oD (GENERAL LOCATION) ,i ~~ ~'t'T~Cf~~D ` (LEGAL DESCRIPTION - ATTACH IF LENGTHY) ~~I lr'~ K~ ~ 'Fp.\~(G~"TT ~ S1~K6A~d~ A . ~A\VC~-ff' 345 (OWNER(S) OF RECORD) (NAME) (TELEPHONE N0.) 2Dq O S Nisei PiPri\I ieo~-D ' M~~ei P/~~ ~TD (ADDRESS) ~ot~lAt~ L (-~ t~ N~-~/ 3~~ - 7235 (APPLICANT) (NAME) (TELEPHONE NO.) 214 So CDC ~D~A /~D/5~~ ~'A 8370 (ADDRESS) (ENGINEER, SURVEYOR OR PLANNER) (NAME) (TELEPHONE N0.) ~ O f3o~C 232 M ~L 3A ~ ~ • 8 3 64 I (ADDRESS) (JURISDICTION(S) REQUIRING APPROVAL) -~}- 2~ 5 i (~ENTI r41_ (TYPE OF SUBDIVISION - RESIDENTIAL, COMMERCIAL, INDUSTRIAL) +50 Q•~I ~ ACRES OF LAND IN CONTIGUOUS OWNERSHIP. (ACCEPTED BY:) (FEE) e ~ INFORMATION FOR ANNEXATION & ZONING APPLICATION '~.. AP~'LICAh,1?' i°'dAh1E Ah•IC? ~'~DDREC;.C" rGhlr'~LD ~ . l-IE1~1.P,` :a7E>~-?2~8 _ . OWNER NP,ME ^;h•dD ADDRESS = !,J I L...'"L~RI~' li . AND BARBA[~A '= ~WCETT 209C `.~0 . MERIDIAN RD . h1ERIDIraN, ID. B~Y~+ 888..- 341 ~:, -'ROCiI'= OF TITL r = TITI_c REPORT' AND c:LOSZrac `~TATFMEhJT SUBMITTED W.T.7f-J OTF1f~R r1ATERIALS 12.--14-`~~? CON'=~f"NT OF OWNER = ADA COUNT`( RFTONING FORM WITH OWNLf=; "c~ CONSENT `.JUF3MITTED WITf•-I OTl-iER MA'T's_Rlr,l_` 12-14-~;' 4. i EGAL_ DESCRIPTION: SUBMITI"ED ~~ . LEGAL.. C~ESCRIPTION OF AD.~TOININ f~iIGHWAY 6`3 WEST MERIDIAN LIST INSTRUMEhdT NO. .=r~Of~l NORTi-i CAL_DcRW(:SOD DR]:~'E 10 MILE t:;REEl W7:T~i OTI-ihR MATERIr•J_`~~~ 12-1.4-~> :i RIGHTS-OF-WA'( KIJNA I-IIGI-IWAY LDGA(._ DESCRIPTION OF= w, . PRESENT LArdD USE ~ RESIDENT I+°;L ~J:iTf-i DJOThlING UNDE'~JELOPI~D i . PROPOSED LAND USE= ::~Ih~IGLI`-.. [=AMTL'~' RrI`.JID~=•;^di'IAL c ... L"}CC~")E NT DI~,TRZC.-T~ 'r `% ~='RO'r?!~aED DI.~.-~Ti~'ICT" f=2-./# 10. if~A~r,CTCF;ISTICG OF ~'RC!['ERT'`( r'la?I!:^!+a ^dE~: ~Oh~Ih.iC~ ~~'~.~ ~; _^.r~ r ~, L ~... _ ., w i.:.. •...,.- - ~.. N nr- .- n, f1 W ^, I h. 1 r- n h 1 -r 1 c-- n i ~~ n T 1 {~ r 1_ 1 I C~ .. .. 1 ~. L, -~. ~. .. ~ "~ v ... ; ~ ~~ :J r'~ ~ I ~! !_ "i`i 4V, ~ • t I , C 1, `~ I ~ in-. ^``Mi^,lr•alh~~ IJR~..+O(\ .~"JUI...JDI~.J7.:i .Y.. `; 1,.~ :-,ni Tl..ir r":;~T JI M[...Rl~i ~f ~l~j ~^.Rrrp.•lc-~ ~1 i^r•`'r'.ir r^,nl nn.'~ ~nnl~"ri.,-~ ~~ rc,..T~~ . .A .J t (_ I._l .A. 1 .l. .1.. 1. , I •".. 1 ':.... .: i I ~ W 4.. S i ~ I' l•.. 1._ 1 r 1 ~ ~.J r\I SI,JBDI1;'ISIOi`d . Tl ~'- ~,nOr~nc rr~ ti~Ct-,Tr•1IAr•I I IE(',C OI~J`~' '~l1BC.':r'~ .i:_ ~I~',rl WILL CONTINUE THE OIN(::LE i=AM:.:(_•1' RE'::;IDENTIAL TRENC) O! LAr~D USE IN THE AREA AND BE COMF'ATI~~L.E WITI-i Tl-1E MERIDIAN COMPRf~'r-iErd;=Jl'Jr ~`I_AN . 1.1. l,A[?l`~1C",?hdY WITH NEIGHBOF~~~"~(~; GEtJELGPME'\!TS- _f.l-l`~ M~:_RTD:[AN Nir ADOW::~ SU8D]:VIA=~IOiy WIl_l_ Eu" ZCINED R-4 6JITf--! MINIMUM 8000 SQUARE (=00~i" LOT;:,, h1lr•!Ih°1Uh1 80 FOOT FRONTAGE:~~ 4J1-i.T.CH WZLI... i,(7NSJ:`°~T`::'OJT I~IITI-i l.l-IF N~"T.Gf~~if;30R):rd(:~ Sl.)BC)IVISIONS . 1.~', r1,~,lr' WITH ~~CALE CiF ~ INC:fT `~i~i)r~I_`~~ X00 ="hcT UJAS :[P•~C:l_IJDEI~~ i~'f,`fl-I MAT'- f~~~' I A I.._ ~'; `~~ U B M I T" T r D 12 .._ 1 ~~ __ <~ :~ • ~ ` L . ~', VT,CINITY MAPS, 30 COPIES, WITH SCALE OF 1 INCI~~i E(~UALS 300 a..~ . FEE~1' WA:~~ INCLUDED WITH MATERIALS SUBMITTED 1.2-14--93. Ire. LIST OF PROPERT`f OWNERS WITHIN 300 FEET OF SUBJECT SUBDIVISION WAS INCLUDED WITH MATERIALS SUBMITTED 12--1~~+--93, 15. f-101~J Tf-i~~ PROPOSED `.~~UQDIVISION RELATES TO MERIDIAN COMPREHENS:[ VE Plt ;N = °f-ir: PROPOSED ~~IERIDIAN COMPREHENSIVE PLAN APdTICIPA". ES Tf-II°~ AREA TO 3E ~,INGLE FAMILY HOMES. ".L.u. A{='PLIC~TIOhJ FFE= SUBMITTEJ Cf~ECf< FUR X547.90 TO CIT''' OF "_-7, C:[uNED AFFIDAVIT THAT ZONING CHANGE APPLICATION FiAS `/'rEN ':~lJf~f~IIT,-r-~:~ lJ':L..L.. Br ~CSTE^ ~, I~IEE'r<.: PF~TOR TO HEARIhJG 0^, A ...- -, .._~~. ` " iW.v-kYiW~,' .r .~. _,..: ~. ... ~ ... y,. .x+..pt-.•^ew~..a,.'..avpiv. . . . ' J• • REG~UEST FUR SUBDIVISION APPROVAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING ANU ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerks passessian no later tt,an three days follawing the regular meeting of the Planning and Zoning Commission. The Planning and Zaning•Commisaion .will hear the request at the manttily meeting following the month the request was made. After a proposal enters the process it may b,e acted upon at subsequent monttily meetings provided the necessary.. procedures ar,d documentation are received before 5:00 P. M., Thursday fallowing the Planning and Zoning Commission action. 'GENERAL INFORMATION 1. Name of Annexation and Subdivision. !''IEie/L~/,~1\l ~~',QDO\~5 2. General Location, ~Q/~ ~p~D ~• ~VE~ .4•n/D 3. Owners of record,,~/~~,.FpiZD N ~Q~ /r~'fT ~ PSQICB~Qb „~ F~\VL_~_ Address.2D4O ~, M 12~pr~~~~-. Zipg36~.Telephone g88- 3415 '!. Applicant, ~ANDtLD _ 4-~~N~! Address; ~jD( GI~~}2L~S-p~~ ,__.~1~E 5. Engineer, _.,, 2EEC_ (~A~~TT` Firm Address ~O.C3OX X32-~CiA.Zipg3~Telephone CIS-2SIS 6. Name and address to receive City billings: Namely~~'/GYA•IJ t~'lE~4U~\VS Address 21~ S, Co(~ ~D. Telephone 37~ -723f3 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres_ •Q .9S 2. Number of lots 27 • 3. Lots per acre 2,, ' ~. Density per acre 5. Zoning Classificationcs) ~._¢ ., .~ .,.~ • ~ • 6. If the prapased subdivision is outside the Meridian City Limits but within the jurisdictiar,al mile, what is the existing zoning classification ~'~" 7. Does the plat border a potential green belt Y+ES S. Have recreational easements been provided for YES 9. Are there proposed recreational amenities to the City ES Explain ~P~eet\1 ~SELT 10. Are there proposed dedications of common areas? UE'S Explain ~ ( ~L~?S C15.ST D~ ZEN M11 ~ Ge~G' Far future parks?~i~_ ~Explain~JA~/ • P d I n~J/' G2 Fl~l BcL-/T 11. Wt,at school t s) service the area ~/l~'~D/,4nI , do you propose any agreements for future school sites NV Explain 12. Other proposed amenities to the City O Water Supply Fire Department , Other Explain l:s. Type of Building (Residential, Commercial, Industrial ur combination) _ S/~~'/yTiAL- l~. Type of Dwelling(s) Single Family, Duplexes, Multiplexes, other _ SI-.IG L /~.4MlLV 15. prapased Development features: a. Minimum square footage of lot t s) , _ g~e~ b. Minimum square footage of structure t s) ~ ~ (ppp c. Are garages provides for, vas square f ootage~ d. Are other coverings provided for N~ e. Landscaping has been provided for DES, Describe CC ~ 2'} I? a~c~yr rzE ~Acl~ N~o M L~tYN~~ To FU SLY <rA~cPsc~.pE Wt-r-t+-N QO t~Ay s fl~ ~O<<v~~4n~Cy. (2) f. Trees will be provided for ,~. Trees will be maintained 1~0 g. Sprinkler systems are provided for BY N~M~D~VN~'f,~_ h. Are there multiple units f5L0 _. Type remarks • i. • Are there special set back requirements.- ~/E'S . Explain 5D 'FoeT 5~-r BAcCIC. ~rM -i'!= N1 !w l 1. C~K,. ~. Has off street parking been provided for ~CS , E~tplain • _S y ~~•cN ~ oM~ cwnr~ k. .Value range of property ~ Z8~t~oo Tb ~ Ito Oo[~ 1. Type of financing for development_j~~t~. m. Protective covenants were submitted E 5 Date !2-(~-q3 16. Does the proposal land lock other property NO Does it create Enclaves Ll~ STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five t5) feet in width. ~. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Develapmer,t will connect to City services. 4. Development will comply witT, City Or•dinar,ces. 5. Preliminary Plat will include all appropriate easements. 6. Street names must nat conflict with City grid system. t3) wit • t .. ' '~ j~~e 4r 4 t3 t e ay r ~ 4,~ 'a~ ~er ~ ,t • , ¢°1 ty = w • o !~ ~ a eec ea oe y ~ ~ !~• '~ u ra ~' p ~ ,,Y7~• ~, yea .,$. ......7'le+ 4 , ~ ~ ...•.~a~..,•...• •,... ya tic'aae 1 r :r ~ .'r. r~ ` .. "' far 1'~/ 0(~q~n '~ . ~ r . ~ 1 _~~.. .. • .~+~ .. _. `~oisr.•~` y +~ ae ' ; ; ' ~ its w ooe~:oe ." 1 ~ ~ , a ~~ V ~ i ~_~ ~ ~ Q ~' ~ ~ ~ H ' - ~ ~ a , • `, ~ W ~ N ~ ~ j ~ ~- -' '~ ~ e et'•Ot M 6illt~Af~~`u•'~'f 'u'W ~ a ~ N ~ ly ~s ~ ~~v-~~7{Q R71t'T"'~'•'-1 ; •W M w ..•' .............e.... .. .. s~ ,r Je N'Na'1 e A e ~j~r ':iul•T 'r '~ O y' XV 8 .. ~ ~~ i .' ; ~ ;~;;, •. • n ,a •'ld 3A0~ 'illl'J S ~ ~ r v ~ p ~ ~I • ! fit. . r. 4 ~ ~~'~ CA ~ 1d d _r ~iy,,,~, ,•• •• ~ .4, Y M a • M' '~ Q •~1 ~ , !, .l,r ~• !•. ~} •.t1~ rrfr 11 ' ` •r.' • i e ' 1 • j ,. ` • HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer CITY OF MERI RONALD R. TOLSMA MAXYERRINGTON GARY D. SMITH, P.E. City Engineer DIAN ROBERT D. CORRIE BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T. SHAWCROFT, Waste Water supt. 33 EAST IDAHO WAYNE S. FORREY, AICP KENNY W. BOWERS, Fire Chief " " MERIDIAN IDAHO 53642 Planner 8 Zoning Administrator W.L. BILL GORDON, Police Chief ' JIM JOHNSON WAYNE G. GROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887813 Chairman • Planning & Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, may we have your answer by: ~ 2 99 ~ TRANSMITTAL DATE : ~ " ~ ~ ` HEARING DATE • 2 ^ b ~ ~ REQUEST • 7 tJ ,' ~1q~ y BY: LOCATION OF PROPERTY OR PROJECT : `~~ . ,~,~~ ~~,( ~~ JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON,C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIIDAN SCHOOL DISTRICT MERIDIAN POST OFF.(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR. DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST (PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUR OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER• YOUR CONCISE REMARKS: LJ • APPLIATION FOR ANNEXATION APPROVAL & ZONING OR REZONE MERIDIAN PLANNING AND ZONING COMMISSION FILING INFORMATION I. GENERAL INFORMATION l~/I ~~ pi ~rJ M ~~}D o ~ys (PROPOSED NAME OF SUBDIVISION) ~~~~ DilkN ~~~ fi`t' ~ - CA~D~i2.~Voo ~ (GENERAL LOCATION) (LEGAL DESCRIPTION - ATTACH IF LENGTHY) J~,c1~. r4N~ CAI~t~LyN S I~MSC~J g~~ -~~so (OWNER(S) OF RECORD) (NAME) (TELEPHONE N0.) 21gfl sue. ME"2rD~l~N1 ~D. M~rD~A-~1 g3~4~Z (ADDRESS) (APPLICANT) (NAME) (TELEPHONE N0.) X301 c 1~~~~t~STO N p~Ac~ $o~s~ (ADDRESS) J . I~s~ ~av i -r--i- (ENGINEER, SURVEYOR OR PLANNER) (NAME) (TELEPHONE NO.) ~.fl - QU7C 232. N1E"l.~/~ ,~~. `3~G41 (ADDRESS) (JURISDICTION(S) REQUIRING APPROVAL) ~~ (TYPE OF SUBDIVISION - RESIDENTIAL, COMMERCIAL, INDUSTRIAL) +50 ~'•7 ACRES OF LAND IN CONTIGUOUS OWNERSHIP. (ACCEPTED BY:) (FEE) • INFORMATION FOR ANNEXATION & ZONING APPLICATION ' •"~~'~LIC(?NT ;`dAME °;P'dD ADDREC;S .A.. , RON~`,LD L , HENRY 21~+ CO. COLT ROAD EOI>E , ID . c3a7Q~3 -a7;w ..~-~-a~ ._ .~ ~~ ,7^,C!: r'`!'~r1 CAROL_`(N `~=•IEMSEN 2a_`?':` ~~~~ , MERIDIAN RD , ~f r'ROOF OF TIT' `' TITLE r:F~'C^:T ,'?NC` C~Q~:ING ~>TATEh1ENT _ .. CON~'~E!`dT 'C)F C?iJ^~ER' CO~dCENT LETT~'n ""ROr°~ OWNER D,'-aTrr_D 1--13_.9} ~~ .: !._EGAi . DE~•CRIPTION ~ CtJf-3MITTEn Wl:Ti°i OTI'i["R MATERTALC 1--1~+--9/.} ~~ .: I_.ErA!.. "~ECRTnTTOr.i OF ^,D7OINTNG ^? Gf-+T~',._~T~F-'!.JAY . !wiTGFiI~!A1' ~:~`? W!!`=~T MERIDIAN KlJ~dr. 'r'-!IG1-Il~!A'( t,.!NTTE[~ "',TATE"O ~ 0 MTt_..E CREEK !'"°"=`°`-h,!?- !_AND J~',E° RE:~aIDENTIAI._ !n!.T.TI~ A(n70ININ(M l.!NDEVEI~OPED ~a , . , __. _./,..., . . !='Rr!F''Ci~'>EC~ !.._^I`~D l_7`W~r ~3:C!''J('I_.E ~'"^=. h'1I'!_.1' '°SEC~TDENTIAL £' , r~RE~,E~!'r- !~I aTRICT .: n7- ~_'.:~ < Ci'°iARACTERI aTIC`; OF RROPERT`' P'1A'i~:.T,.:i'•!G r`!~:4J 'OI`~TNG DE`IREAf3Lc`T. T'r°Gr.. w',!JP~EC~!" ,•! `' i^t~:^4"~" ~"`" !'tr?.,iOTNTD Odd THE NORTH E3Y TF-iE t? ].Q r,CRE !PARCEL.. l~J~'iIC~" l~;Il_.t._ f:?ECOME BART QF T'ri'g:.' PROPO`'ED ~1ERIDI^;N ME(•,DOW~. CU~DI'JIC-ION , ON THE Er~C,T DY MERIDIAN GREEr'd~ CUEDI'••JI~I01`,! A~•!D ON TI-iE WELT ~Y ELK RUf'~ u;l,_J~?DI'•1I`'~ICN . TI IE c'ROr'O~~ED MERIDIAN ME,'DOWC CUBDIVI W ION I~JI!_~._ CON''I^!'J'~T Ti-IE ':~NCLr ~-'~;r.rT~W~.. nc~IDENTIAL TREND OF L(''~i'dD 'J::~c'-.~. I(~d T!-iE ^I^Er~ (inlr, EE CCMr?n`?-ID'I....E I,JITH THE P.A C" r+ T n 1 s n r~ t !^ 'r t ,' r- r, i n II~I~~~.~,Irar,l COrI~ R,~.~'IEr~~~..•.,:..~ _..,~ ~~. 1~. , __,rw,RMO^J`r' UJIT!-i !`dEIG'riDORING DEVELO~'ME NTC; •?°~_'~'" MERIDI'~N MEADOW:a ':;UBDI'~J'IrIOr\! WIl_l.._ DE ZONED R--!+ LJIT;~~ ^.nIM1,~Tn,1l0.J~°~ c'?~Q!;'C .`,Ql)(';RE Fnr," L_C'TO, I`nIr`.IMUM C?0 FOOT r 1' '~'~ONT~^~(:;~E~~ 4~.!'r7aC~"i l~.!'.!,_.1... CON~r~:l.'T~TE`.P~IT 'vJT.T''i TI--{E NEIGhiE30RINCa ;-rc T. ,r ,- _ a. ~ ~ •~ 1'~..w . ?.h~•r~~ ! !rT!..~ r.rn, r•; r- ~ rnlr'~_~ ~-ntJ~'!_u 1C?C F~c`-T ~J^~~~~ IP',ICL~JDEr, 1 -r~-1_! _..., ..r .. ..:,. ~u,,LE r ~ _4~,,,,1 1_..~_ ~.. :~ aJ.4.r. 1bF ~`., "r l`,, T /.. 1 r C: .f T T' t"' ~ 'f f • • . ;'. t,~T..CINT.TY h1~!~~; 30 C(~!?1%"-_~~, WIT1-i ::~i:F=;Lr~ ~~; 1 INCi~a~ ~QIJ~L_C 3Q~.~ r-r-.r`~-.T !:J~`:, I1'dC!_t~;`?~C` VJTT!`! P^!~-(-~-nl~i...~ ~:~1~MITT~=.D 1...._~ ~._~Li .. ~.'~ . L.T`T f.;~i`` !=~P,C~!~~f.'T'Y CaWh!'~!?C WIT'°iIN ''~)C ~"°~T OF' atJE3.7i~'CT ~~~...!nl~J-r~',InN J~`:r~ INC':...1.1nEn I.JTT`~! !`1 ^,T_~RIC!..~. "_'~U~'?MITT~D I._I~_..c3.; '.~ . i"iOL,! Th-!C~ ~`'~~nPn~r=r ~:~,J~;nI~JT`"T.(~hd R``"L~,T`~"~> TC M~RIDI~`,N ~•I'E r~c;~ic-~p Cc.G '1E~I~Irihl CCMPRENf-N~I`JE '=Lfi:h•J 4NTICIF~ATES -r" i° I `` ~, 4' ~ fi=. T C Ei ~ ::~ [ N G L "" " r-~ h17 :..-'.~~ }..~~ Q M ~ a . ~ ~ l;'..: ~, i r r /'•., -~- 7 n r, t'" C" r~ C? 'r T ~-^" r . ~ r„ Vr r, '"r ~ T r ~. _ . ___~,.~...: ,~..N ~ ~.....~.- ° ,l);_~M ~ , ._~.~ C-,~C~~. ~ .,~ `~~+r ~~ .7G~ ~ Q CITY rJr :~:` . 51"GN~G~ '?~~`I~~=~VIT T~ir~T "~C~.IING C~ i~i`dG~ F~~~LIC^,TICN 1-iF;a ~3EEN :~UiaMITTEC` W.T.. I_! ~~ ~C'~T~:i` :., W~.:~~~ nr~Tt~!~~ TC~ i-'~~"!~~;IhdC ON 2-•_~3--`3ik . 4~ ~ • 89~C19Q20 SR ~'~~ ~h-S ~. FOR VALUE RECEIVED AND WIFE WARRANTY DEED 8930s~~ FRANCIS EUGENE DRAKE AND COLLEEN J. DRAKE, HUSBAND GRANTOR(s), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto JACK R . SIEMSEN A N D CAROLYN G. SIEMSEN, HUSBAND AND WIFE GRANTEE(S), whose current address is: 219 O S . MERIDIAN R 0 , MERIDIAN , IDAHO 8 3 6 4 2 the following described real property in A D A County, State of Idaho, more particularly described as follows, to wit: As per EXHIBIT "A" attached hereto and made a part hereof by reference. Re-record to Correct legal Description on attached EXHIBIT "A" AiN~~C;bun ah0, x Raquast of SY~~~ ~.~ TIME'-~M DATE ~ / ~ JOH BASTID~ (~ / CORDER TO HAVE AND TO HOLD the said premises, with their appurtenances u h~ ~~R~1yGrantee(s), and Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever. Dated: June 2 9 , 19 8 9 G FRANCIS EUGEN DRAKE r ~~. ~ ~ COLLEEN J. D KE STATE OF j (l.A f{ Q _.,,, Couptyof A 4A , ss. On this ~ C~~day of. ' •;~une in the year ct 19 $ 9 : before me, tt,e undersigned, a Notary $'..:: ~ c',ti.;': t .ccl.::, .~. ,J~:'t :idiLi~wy a{ *Jiti1lFSfL' ~-"~-.~ -~= Eucrene Dxake & Colleen J Drake •~,-, know~or i~lenti$eytt~'nlq.tq bethe person S whose nameS_~e st,~bhctib~ci to flie~~tfjtn instrument, and acknowledged to me that t~~cecu edthe~arne. n° ' „ ~ STATE OF IDAHO, COUNTY 0~~~~ ./ i I hereby Certify that this instr ent as filed for record at the re• quest of STEI~hR~ 1iii~ this/~ y ~~ y day of 19 ~, in m offic n dul recor i ook of D eds at page ~~~ Ad'~0 tl01. 11 A'nu EaM"-'SMY~'4 df January 14, 1994 Wayne Fore Director, planning & Zoning City of Meridian 33 E. Idaho Ave. Meridian, Idaho RE4 CONSENT LETTER FOR ANNEXATION AND REZONING Dear Mr . Fore As legal owners of the subject property located at 2190 S. Meridian Road, Meridian, Idaho, we hereby give our consent to submit the Annexation and Rezoning Application to the City of Meridian by Ronald L. Henry. Yours truly, • 'ac k. iems A //~ J // / / Caroly~i Siemsen t ` 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 G'ORDON, Police Chief GARY SMITH, P.E.. City Eng,neer i HUB OF TREASURE VALLE~ A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208)888-4433 FAX (208) 887-4813 GRANT P. KINGSFORD Mayor RECEIVED JAN 1 1 1994 COUNCILMEN RONALD R. TOLSMA ROBERT GIESLER MAX YERRINGTON ROBERT D. CORRIE Chairman Zoning 6 Plann JIM JOHNSON Centennial Coordinato PATSY FEDRIZZI CITY OF MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your com nts and recommendations will be considered by the Meridian ~~ ~' ~ ~ may we have your answer bye ~ K TRANSMITTAL DATE : I Z- 23- 9 ~ .: -HEARING DATE : ~ ' > > ' / y ~IQr.~ REQUEST: ~ ~ 4 BY~ LOCATION OF PROPERTY OR PROJECT = `h.~Ll~C.v~.~~Q..~ ~rt..,~ D U 4 ~-oa JIM JOHNSON P/I MERIDIAN SCHOOL DISTRICT MOE ALIDJANI,P/Z MERIDIAN POST OFFICE (PRELIM ANO FINAL PLATS) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DLSTRICT .:: .::,. CHARLES ROUNTREE, P/Z AOA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH ~ ~~~~ V GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRR..:DISTRICT 2 7 DEC 1993 RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER. CO,".-(PRELIM AND FINAL PAPA & MERIDIAN BOB GIESLER, C/C U.S. WEST (PRELIM AND FINAL PLATS )IRRIGATION DISTRICT MAX YERRINGTON, C/C INTERMOUNTAIN GAS (PRELIM ANO FINAL PLATS) BRUCE STUART, WATER DEPT. BUREAU OF RECLAMATION (PRELIM AND FINAL PLATS) JOHN SHAWCROFT, SEWER DEPT. CITY FILES BUILDING INSPECTOR OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: The Tenmile Drain is a contract POLICE DEPARTMENT drain between Nampa & Meridian Irrigation CITY ATTORNEY District and the Bureau of Reclamation. The GARY SMITH, P.E. ENGINEER 50 foot set back from the center of the drain WAYNE FORREY, AICP, PLANNER on both sides would be satisfactory for Nampa & Meridian Irrigation District. Ane PneroachmPnr m„cr ha „n~P,- a T.iranca AgrPamant with both this District and the Bureau of Reclamation. All surface drainage must be retained on site. Any return flow into the Tenmile Drain must be after it goes through ~ sand and grease trap and at pre-development flow rate. i nson~ an, Nampa & Meridian Irrigation District .- RECEYVED JAM 1 1 1994 C11Y OF MERIDIAN 'ylii~r~u Bi ~~~idiao~ ~nn~gatlao~ ?~la,~ztct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 10 January 1994 J. Reese Leavitt J. Reese Leavitt Engineering P. O. Box 232 Melba, ID 83641 RE: Land Use Change Application for Meridian Meadows Dear Reese: 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. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Superintendent Ronald L. Henrv enc. Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS • 23,000 BOISE PROJECT RIGHTS - 40,000 OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. GROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887.4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor CiUNClI MEMBERS RONALD R. TOLSMA MAXYERRINGTON ROBERT D. CORRIE WALT W. MORROW WAYNE S. FORREY, AICP Planner 8 Zoning Administrator JIM JOHNSON Chairman -Planning & Zoning MEMORANDUM January 8, 1994 TO; MAYOR, COUNCIL, PLANNING & ZONING FROM; Gary D. Smith, PE , RE; MERIDIAN 1KEADOWS SUBD. (Annexation, Zoning, Preliminary Plat) I have reviewed this sumbittal and ofer the following comments for your information and consideration as conditions of the applicant during the hearing process: 1. The legal description locates this property adjacent to existing city limit boundary, The description needs to include the adjacent portion of S.,~s a9 right of way. 2. The s.cinity drawing needs to include the Elk Run Subd. 3. Submit street and subdivision name approval from Ada County. 4. The area of Lots 2,3,4-Block 4 needs to be 8,000 S.F., excluding the Ten Mile Creek easement. 5. Reference the benchmark used for the contour lines. 6. Move sanitary sewer line out the easements shown and into a public right of way. 7. Street lights need to be shown at max. 400 ft. spacing and or at street intersections/fire hydrants. 8. Street access to Calderwood for lot 9, 10-Block 2 and sewer service to these lots is questioned. Calderwood is a collector street that is usually restricted for access by ACHD and no sewer line exists in Calderwood. 9. Water lines are located 12 feet east and north of street centerline. Sewer laterals are located on the west and south side of street centerline. 10. It is not necessary to provide a temporary turn-a-round at the south end of Fawcett. A full circle turn-a-round should be shown at the south end of S. 10 Mile Cr. Trail. i ~ • • 11. Note No.9 is confusing. Where is an access to this piece of ground? Why would the city be interested in acquiring this parcel? Is it to be a parksite? Who maintains it? 12. The 12" dia. water line at Calderwood and S.H. 69 needs to be extended to the S.W. corner of this parcel. A policy question has been asked on the Elk Run Subd. No.2 for extension of this same water line. 13. ACRD needs to accept ownership and maintenance of the storm water system outside the public right of way. 14. Provide data establishing the highest seasonal groundwater elevation for this parcel. CENTRAL •• DISTRICT ~1'HEALTN DEPARTMENT Rezone # REVIEW SHEET R~C~I'~~~ Environmental Health Division JAN 1 o t5~~t CITX ~F ~E~I~I~ itional Use # Preliminary / final /Short Plat 1`~E/~/D/fh/ /~1~i4y4~S SJ~J / diS/~.~ Return to: ^ Boise ~ ^ Eagle ^ Garden city Meridian ^ Kuna ^ Acz ^ I. We have Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ~] 7. After written approval from appropriate entities are submitted, we can approve this proposal for: central sewage ^ community sewage system ^ community water well ^ interim sewage ~ central water ^ individual sewage ^ individual water ® 8. The following plan(s) must be submitted to' and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage ^ community sewage system ^ community water ^ sewage dry lines tj~ central water 9. Street Runoff is not to create a mosquito breeding problem. ^ 10. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ I I. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ~, 13. g ~/ S ~OS'~`/ ~s~fii~7~ bi~S,~~Sa ~ /y ~/i U~,.S ~'/~ u ~i /~ ,~ c= Date: ~/ ~ /~ - .ySi 9N ~~~ 7'c F' /.f'/CN 1 ,~~,i.. ~ ~/~9'~"2 Reviewed By: ~t C~~/: nMi~!ff-Tio~i . [DHD 10/91 rcb, rev. II/93 jll ^ `. ., OFFICIALS WAYNE S. FORREY. AICP, City Clerk JANICE GASS. Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOK5TON. JR.. Attorney JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS. Fire Chief BILL GORDON, Potice Chief GARY SMITH, P.E., City Engineer . HUB OF TREASURE VALL~ A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 FAX (208) 887-4813 GRANT P. KINGSFORD Mayor R~CIEI'iJ~i) JAN 1 1 1994 CbUNCILMEN RONALD R. TOLS! ROBERTGIESLE MAX YERRINGTO ROBERT 0. CORK Chairman zoning 6 PI: JIM JOHNSON Centennial Cooroim PATSY FEDRIZZI CITY OF A~ERiD1AId TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that Your com nts and recommendations will be considered by the Meridian ~) ~' r ~ may we have your answer bye `~ `/ TRANSMITTAL DATE : I Z' 23- 9 ~ -.------HEARINv DATE ~ ~ '~~ ' / y .-~ wv, o.,. ~.~... REQUEST: BY~ ,C ,:: LOCATION OF PROPERTY OR PROJECT : ~~~~.c,...~ OQ.,.~ ~-~~ y ~ ~~ ; JIM JOHNSON P/Z MERIDIAN SCHOOL DISTRICT MOE ALIDJANI,P/Z MERIDIAN POST OFFICE (PRELIM AND FINAL PLATS) JIM SHEARER, P/I `-~_ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH ~~~~~ V ~® GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRR. DISTRICT Z T ~E~ 1993 RONALD TOLSMA, C/C _SETTLERS IRRIGATION-DISTRICT BOB CORRIE, C/C IDAHO POWER C0~(PRELIM AND FINAL PLhM3~~'A & MERIDIAN IRRIGATION DISTRICT BOB GIESLER, C/C US WEST (PRELIM AND FINAL PLATS ) MAX YERRINGTON, C/C INTERMOUNTAIN GAS (PRELIM AND FINAL PLA15) BRUCE STUART, WATER DEPT. BUREAU OF RECLAMATION (PRELIM AND FINAL PLATS) JOHN SHAWCROFT, SEWER DEPT. CITY FILES BUILDING INSPECTOR OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: The Tenmile Drain is a contract POLICE DEPARTMENT drain between Nampa & Meridian Irrigation CITY ATTORNEY District and the Bureau of Reclamation. The 6ARY SMITH, P.E. ENGINEER 50 foot set back from the center of the drain WAYNE FORREY, AICP, PLANNER on both sides would be satisfactory for Nampa & Meridian Irrigation District A nv PncroachmPnr mncr ha „nrlar a T.;ranca Agraamont with both this District and the Bureau of Reclamation. A11 surface drainage must be retained on site. Any return flow into the Tenmile Drain must be after it goes through ~ sand and grease trap and at pre-development flow rate. JAIL 1 1 t~g~ C17Y OF MERIDIAN ~Ct~. ~t ~~tCc~CctcL 7n2i futi4ct ~t~tlCt 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 10 January 1994 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 J. Reese Leavitt Boise 345-2431 J. Reese Leavitt Engineering P. O. Box 232 Melba, ID 83641 RE: Land Use Change Application for Meridian Meadows Dear Reese: 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. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Superintendent Ronald L. Henry City of Meridian P & Z ~ enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS • 23,000 BOISE PROJECT RIGHTS - 40,000 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 G'ORDON. Police Chief GARY SMITH, P.E., City Engineer HUB OF TREASURE VALLE~ A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208)888-4433 FAX (208) 887-4813 GRANT P. KINGSFORD Mayor RJ.+~JGl'~f G~ D ~ G 2 ~ 193 CITY OF NIERIDIRN COUNCILMEN RONALD R. TOLSMA ROBERT GIESLER MAXYERRINGTON ROBERT D. CORRIE Chairman Zoning b Plann JIM JOHNSON Centennial COOrdinato~ PATSY FEDRIZZ! TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your commits and recommendations wil Abe considered by the Meridian (-~ ma>~ we have your answer by ~ `~ `~ TRANSMITTAL DATF_ : I Z- 2-3' 9 ~ - ---HEARING DATE : ~ ' ~~ ' / y REQUEST : ~ ~ ~ ~ ~ ~I~ ;d LOCATION OF PROPERTY OR PROJECT D U _ Q ~.oa JIM JOHNSON P/Z MOE ALIDJANI,P/Z _ JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z _ GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C 608 CORRIE, C/C BOB GIESLER, C/C MAX YERRINGTON, C/C _ BRUCE STUART, WATER DEPT. _ JOHN SHAWCROFT, SEWER DEPT. _ BUILDING INSPECTOR FIRE DEPARTMENT YOUR POLICE DEPARTMENT CITY ATTORNEY GARY SMITH, P.E. ENGINEER WAYNE fORREY, AICP, PLANNER NERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM AND FINAL PLATS} ADA COUNTY HIGHWAY DLSTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HfALTH NAMPA MERIDIAN IRR. DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO"(PRELIM AND FINAL PLAiS) l1S WEST (PRELIM AND FINAL PLATS) INTERMOUNTAIN GAS (PRELIM AND FINAL PLATS) BUREAU OF RECLAMATION (PRELIM AND AL PLATS) CITY FILES OTHER: - ` CONCISE REMARKS: ~ , • ~ • RECEIVED DEC 1 4 1993 CITE" ~I~ e~~I~I~3iAN I, J. Reese Leavitt, certify ttlat the fo1:l_owing is a complete list of all property owners residing within 300 feet of the property located at 2090 Meridian Road and more specifically described on the attached proper escription: SCHEDULE "A". ~~ /2-J - se Le vitt Date STATE OF IDAHO ) ss. County of Ada ) On this ,~_ day of ~-~]s2~S~Js~1~. , 1993, before me a Notary Public in and for said County and State, personally appeared J. Reese Leavitt, known to me to be the person whose name is subscribed on the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above .written. . ~ ~~~wr _ o ary Public for Idaho Residing at s ~'~'~ Commission expires: ~-a2-99 • MERIDIAN PLANNING & ZONING COMMISSION MEETING: MARCH 8. 1994 APPLICANT: RONALD HENRY AGENDA ITEM NUMBER: 1 REQUEST: ANNEXATION AND ZONING WITH A PRELIMINARY FOR FAWCETT'S MEADOWS (FORMERLY MERIDIAN MEADOWSI A EN Y COMMENTS CITY CLERK: CITY EINGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: ~~~~~ S ~`~~~ V~~°~ C~~ INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: • MERIDIAN PLANNING & ZONING MEETING: FEBRUARY 8, 1994 APPLICANT:RONALD HENRY AGENDA ITEM NUMBER: 8 REQUEST: ANIiEXATION AND ZONING WITH A PRELIMINARY PLAT FOR MERIDIAN MEADOWS (REVISION) AGE CY CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: pREVIEWED° CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS G~G~GC Z~8 ~4 ADA STREET NAME COMMITTE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: SEE ATTACHED COI~IIKENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS ~- SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: v~e~ Y Q ~,~ ~~~~F~~ BUREAU OF RECLAMATION: OTHER: C~1 ~ p``Y ~ RECEIVED SUBDIVISION EVALUATION SHEET JAN 1 9 1994 CITY OF MERIDIAN Proposed Development Name MERIDIAN MEADOWS SUB City MERIDIAN Date Reviewed 01/03/94 Preliminary Stage XXXRX Final Engineer/Developer _J. Reese Leavitt Engr. / Meridian Meadows Partners The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE. must have vermisson to use name R. ~_~-^~ Date ~- 3-9~ The Street name comments listed below are made by the members of the ADA COUN~fY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Meridian City Street Name Ordinance. The followin¢ existinf~ street names shall avvear on the vlat as: "S. MERIDIAN ROAD" "E. CALDERWOOD STREET" "E. OVERLAND ROAD" "W. OVERLAND ROAD" The following new street name is approved and shall appear on the plat as• "S. FAWCETT WAY" "E. LOMBARDI STREET" "S. 10 MILE CREEK TRAIL" cannot be used because "TEN MILE CREEK ROAD" already exists. Please choose another name and have it approved by the street name committee . The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTED Ada County Engineer Ada Planning Assoc. John Prieste Terri Raynor ~ DESIGNEES Date / 3 Date ~ Meridian Fire Dept. Representative Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed 1112 Sub Index , Street Index NUMBERING OF LOTS AND BLOCKS /)C- ~L~~` /- S ,.....ayR,...~. • r :~ :p ~~ '~~~. ,, .4 ~~ ~. .. ~ r. ~.:~ . • ~.. • y:~ ~/ ~r~.f ~. ..~, ..,-.~ ~. ~.• i~..~ •C ~ ... ,. + :..~ V t: I t ~ ~~ ~ ` 'r''. ~ w ~ /.til ;~~ ~ ~~ ~ MiM ~ s {N~~ ~ ~ ~ , ~~ ~ ~ ~ ` O ~• i • e ; ~ '1d 3A0~ lVl'J S t a o i ~" ~; , , ~ g m ~ m _~ ~ 0 0 o O ° a ~ ° o CA _ ~, N ~ ~~d I1 ~1O~ 'S ~ a ` s O N ~ n N N ~ N a ~ ~ a SY ~ ~i ~ m ~ ,~ ',li ° R '3AV 3011d11~ •S 0 '~ -----~ ' ~ ~ n m 1_ O ~ N YN~ ~ ` _ • ~ I O 1 ` 1 .. • ~~(-.-'i1 .... ~. U'Nfh ~/ •. ./ :• _•`T ~~ i~ ~ ~~ ~ ~~~• j:~c ir'r:~~ 'r~~ ., i;.~ rry .' .~ :.~:4'~~~ 'r:. l . w'. /, `1 ~•1~• ~ +^• .. ~. • ' HUB OF TREASURE VALLEY OFFICIALS NILLIAM ~. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. S,vIITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY ~J. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. GROOKSTON, JR., Attorney A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA f O6 I CITY OF MERIDIAN fY T D. CORR E WALT W. MORROW 33 EAST IDAHO WAYNE S. FORREY, AICP MERIDIAN,IDAH083642 ~~~~~E~lanner&ZoningAdministrator ~/ l! Phone (208) 8881433 • FAX (208) 887-4813 JIM JOHNSON Chairman • Planning 8 Zoning Public Works/Building Department (208) 887-2211 J~ ~ ~ e ~~~p~ J 7 GRANT P. KINGSFORD Mayor ~,, fl~ E~d®~l~iv TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, may we have your answer by: 2 99 ~ a TRANSMITTAL DATE : ~ '" ~ a HEARING DATE : 2 ~ d 9 ~ REQUEST : 7 tJ , ~ ~f ~ . BY : ~M. , ~ ~, ~ rI~.QQ.C.4 . LOCATION OF PROPERTY OR PROJECT : ~ - lS~i1 . ,.~ . ~ ~,( Q~n~ JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON,C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIIDAN SCHOOL DISTRICT MERIDIAN POST OFF.(PRELIM & FINAL PLAT; ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR. DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST (PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUrt OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER• YOUR CONCISE REMARKS: • • Meridian City Council April 19, 1994 Page 24 Kingsford: Moved by Walt, second by Bob to approve Ordinance #645 with suspension of the rules, is there discussion? ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #9: ORDINANCE #646 - FAWCETT'S MEADOWS ANNEXATION: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND IN THE NORTHWEST 1 /4 OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the public that would like Ordinance #646 read in its entirety? Entertain a motion. Corrie: Mr. Mayor, I move we approve Ordinance #646 with suspension of the rules. Tolsma: Second Kingsford: .Moved by Bob, second by Ron to approve Ordinance #646 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma - Yeq, MOTION CARRIED: All Yea ITEM #10: AMENDED RESOLUTION 111-A -BUILDING PERMIT FEES: Kingsford: AN AMENDED RESOLUTION BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, PROVIDING FOR THE ADOPTION OF THE CITY OF MERIDIAN BUILDING PERMIT FEES SCHEDULE. WHEREAS, the City Council of the City of Meridian deems it in the best interest of the City of Meridian to amend the 1987 Resolution 111 Building Permit Fee Schedule to reflect a 25% increase which shall read and set forth in exhibit A attached hereto and which exhibit is by the reference herein as if set forth in full. Council members are you prepared to approve amended Resolution 111-A. Morrow: Discussion Mr. Mayor, in referring to the minutes to the last meeting it would appear to me that Mr. Corrie's motion was and I am quoting, "Mr. Mayor I move that we go to a 25% increase on the fees at this point, residential excuse me, ~ • Meridian City Council April 19, 1994 Page 19 Kingsford: Entertain that motion to approve those findings again. Yerrington: So moved Morrow: Second Kingsford: Moved by Max, second by Walt to approve of the findings of fact and conclusions of law for Sportsman Pointe Subdivision, roll call- vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma - Yda MOTION CARRIED: All Yee ITEM #5: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A VARIANCE REQUEST FOR NAVARRO SUBDIVISION BY THE FOUR T'S AND KEITH LOVELESS: Crookston: Mr. Mayor, I have a conflict in this matter, I would like to step down and have Mark Freeman preside. (Wayne Crookston steps down, Mark Freeman takes his place) Kingsford: Welcome aboard Mr. Freeman, glad to see you dress a little better than our Attorney. Has Council reviewed the findings of fact and conclusions of law? Corrie: Mr. Mayor, I have and I move for approval of findings of fact and conclusions of law on the variance request. Tolsma: Second Kingsford: Moved by Bob, second by Ron to approve the findings of fact and conclusions of law for the variance request for Navarro subdivision by the Four T's, discussion Mr. Morrow. Morrow: I am a little troubled by the fact that previous City Council's have made the subdivision to the west which is Piedmont subdivision have 80 foot front lots, the argument could be well made that they had a hardship greater than this subdivision in the fact that their backyards backed up to commercial and office uses. I am a little concerned about the inconsistency. I know the argument was put forth that it was an infill but that entire area essentially is an infill area. I have great confidence in the development team, the marketing team that the subdivision will be a class act. I do intend to vote but with the reservation that I think if we are going to develop a Meridian City Council April 19, 1994 Page 18 Yerrington: We didn't have a roll call vote on the other one. Kingsford: We need to go back to other one. Is there a a motion the preliminary plat. Crookston: You need to have the annexation ordinance drawn, if you are going to approve the plat you need to approve it subject to the ordinance. Morrow: Mr. Mayor I would move we instruct the City Attorney to draw the annexation ordinance for the Fawcett's Meadows subdivision and zoning. Tolsma: Second Kingsford: Moved by Walt, second by Ron to have the City Attorney prepare the annexation and zoning ordinance for Fawcett's Meadows subdivision, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Is there a motion on the preliminary plat? Morrow: Mr. Mayor, t would move we approve the preliminary plat subject to the addition of the pressurized irrigation system and subject to the approval of the annexation ordinance. Yerrington: Moved by Walt, second by Max to approve of the preliminary plat subject to meeting the pressurized irrigation and the approval of the annexation and zoning ordinance, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: We need to revisit the issue on Sportsman Pointe, findings of fact and conclusions of law. Entertain a motion to take that back up. Corrie: So moved Tolsma: Second Kingsford: Moved by Bob, second by Ron to reconsider the Sportsman Pointe subdivision for the purpose of findings of fact, all those in favor? Opposed? MOTION CARRIED: All Yea Meridian City Council April 19, 1994 Page 17 such that the 100 year storm would pass and not cause any restrictions. So those would be my only comments on this lot. Kingsford: Any other questions of Mr. Smith? Is Council prepared to take action? Morrow: I might have some questions for Mr. Henry with respect to. Essentially I have the same questions, the pressurized irrigation issue and have you submitted covenants and restrictions to the City Attorney for his review? Henry: Yes on the later, and as far as the pressurized irrigation it hasn't been an issue that has come up. But if it is a requirement we will meet it. I guess I qualify that to say as long as there is enough water and that is fed through the property to handle that. We have 2 wells on the site, but whether they can be converted into using or feeding a system I don't know. But if it is a requirement we will comply. Kingsford: Certainly you should consider that, you will have to look at those specifications and maybe talk to Nampa Meridian. Any other questions for Mr. Henry? (End of Tape) Morrow: Does one motion take care of both the amended findings of fact and conclusions and the preliminary plat or do those 2 things need to be separate? Crookston: Separate. Morrow: The proper sequence would be findings first. 1 would move we approve the amended findings of fact and conclusions of law for Fawcett's Meadow subdivision. Yerrington: Second Kingsford: Moved by Walt second by Max to approve the amended findings of fact and conclusions of law for Fawcett's Meadows subdivision, all those in favor? Opposed? Corrie: Isn't that a roll call vote? Kingsford: Yes, roll call vote ROLL CALL VOTE: Morrow -Yea, Yerrington, Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea Meridian City Council April 19, 1994 Page 16 Kingsford: Will the second be withdrawn please. Yerrington: So moved Kingsford: Withdraw the motion Morrow: I with draw the motion Kingsford: Is there a new motion Morrow: The new motion would be the same motion as before subject to passage of the annexation ordinance. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the preliminary plat of Sportsman Pointe subdivision conditioned upon pressurized irrigation being met and passage of the ordinance annexing and zoning, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: TABLED AT APRIL 5, 1994 MEETING: PRELIMINARY PLAT AAJD AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR FAWCETT~S MEADOWS SUBDIVISION BY RONALD HENRY: Kingsford: Are there any questions the Council has on that? Morrow: I have questions for Gary Smith concerning, I think before the question was with respect to Lot 8. We have in our packet a small schematic and an option agreement concerning this. According to my notes we were talking about Lot 8 - Block 1, have you reviewed what has been submitted by Mr. Henry in terms of the configuration and I think the option agreement is pretty self explanatory as proof of ownership interest. Smith: Only a minimum of review Councilman Morrow. The Lot will be part of Lot 3 as I review the drawing of Running Brook Estates. And it will receive sewer and water service off of Calderwood as Lot 3 did. I guess the only issue would be the easement for Ten Mile Drain, that they recognize that easement and locate it an appropriate distance from. I did not look into the floodplain issue on this lot, but I don't think there is a problem in Ten Mile Drain at this point. 1 think everything is passing through this subdivision. I believe the crossing on Calderwood was sized ~ ~ MERIDIAN CITY COUNCIL MEETING: April 19. 1994 APPLICANT: RONALD HENRY AGENDA ITEM NUMBER: 4 REQUEST: PRELIMINARY PLAT: FAWCETT'S MEADOWS -NEWLY CONFIGURED LOT 3, BLOCK 12 A EN Y CITY CLERK: SEE ATTACHED LETTER AND MAP CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: ~~~ ~`~ ~ - ~ ~~ Sr"0 pa COMMENTS ad"~"~ ~'r ~- RECEIVED APR 1 ~ 1994 CITY OF A~F~~~~-~{ RONALD L. HENRY 6301. NORTH CHARLESTON Pl_ACE BOISE, IDAHO 83703 (2Q8 )376-7238 April 14, 1994 Mr. Will Berg City Clerk City of Meridian 33 E, Idaho Avenue Boa:se , ID , 83642 RE~ APPROVAL OF FAWCETT'S MEADOWS SUBDIVISION PRELIMINARY PLAT Dear Mr. Berg= As a condition for approval of the Preliminary Plat of Fawcett's Meadows Subdivision, the Meridian City Council required proof of access to Lot 8 Block 1. The City Council stated at the meeting an April 5, 1994, that they would accept a Lot Option Agreement as proof of access. Attached to this letter is the Lot Option Agreement to purc:hale Lot 3 Black 12 of Running Brook Estates. A sketch is also included that shows bath lots and haw Lot 3 will be used as the dedicated access to Lot 8, The combined lot will be approximately 1.5 acres and have access to all utilities from Lot 3. If you have any questions please give me a call. I will be at the next City Council Meeting to explainem~ discuss the use of Lot 8, Yours truly, { Ronald L. Henry • ~~ l.~ ~~ ~ ~ ~,~ • ~iF ~~. h ~~.. ,evN~1~n~G- ~R.o~l~ Sub Di~~si N 2 6~a-~ ~2. CEI'~IED PR 1 5 i99~ ~ARaq. AO~A : ~9 zzb s:4. 1.5'711 J I ~ I / M~R~D~ z~8~ I I 3 ~` I ., ~~ ! ~t~~~YV~~- APR 1 5 1994 CITY 0~ 1N[~'~.~3~e~~` ~ ~a ~~~~. ~~ ~; .. ~, ~v RUNNING BROOK ESTATES THIS 'PIOIy PURCHA3~jmade and entered into this ~~ ~' day of , 199,x'`, by and between NORTHWEST ..LAND, AND ~V~~ M NT CORPORATION, as Seller~,~ and as Buyer, wherein Buyer does hereby, ~, purchase from Selle the optional right to purchase the following described property in A County, State of .Idaho, to wit : 6G cs?~E=i.~e=~ ' . 1. TERM Of' OPTION: The term of this option shall be for:. a ,. period of 60 days from the date lot is buildable. Developer to notify Builder at least 10 days before this date. The parties agree that Buyer. shall exercise within the said sixty (G(~) day period. In the event the option is not exercised within the said Sixty ~(60) day period, then the Buyer's rights hereunder shall terminate, expire, and become void. 2. PURCHASE PRICE: The purchase price for the real property which is the subject matter of this Agreement shall be $ ~~~1dd , lawful money of the United State of America, which shall be payable as follows: (a ), 'Phe sum of $ ' k-S"©~ . °-" upon the execution of the Agreement receipt which is hereby acknowledged by _- Seller. 'Phe parties agree that in the event this option is not exercised, Seller shall retain this amount as liquidated damages, it being understood that actual damages sustained by Seller in the event the option is `' not .exercised would be in excess of this amount. The • parties. further agree that in the event the option which is the subject matter of this Agreement is exercised, this amount shall be applied to and .deducted from the purchase price. (b) When the lot is buildable the Buyer to pay ' additional option money. (c) Balance in cash to be-paid at the time of delivery of deed or by , whichever is earlier. (d) Option money to be held by NORTHWEST LAND AND DEVELOPMENT CORPORATION (NWLDC). 3. ASSIGNMENT OF CONSTRUCTION LOANS Buyer covenants unto Seller that-buyer shall provide to Seller an Assignment from the lending institution providing Buyer with Buyer's constr ction loan,- providing, therein for the payment of the sum of $~ pd • °" . No construction to begin until Lot is paid for or Seller receives ass gnment of,,construction loan: 4: DAMAGE TO IMPROVEMEN'P3: Buyer shall be responsible to repair at .Buyer's sole- cost any; damage to streets,curbs, sidewalks, fences, tiled irrigation lines and utility facilities .caused by Buyer within the .MAW'S ADDITION and any such damage from any cause upon the subject property after the date deed is transferred. ,. p '~i1. .S, .• jti - ,~~ q ~'~ ~! ' ~.~I ~ i '~ 5. TITLE INSURANCE: It is understood and agreed that .Seller will not be required to furnish Title Insurance to Buyer`but Seller` warrants merchantable title. ;~~~~~ 6. It shall be the responsibility of the buyer/builder~'to~',' determine the depth and 1'ocation of the sewer connection``on said property from the Department of Public `Works. 7. DEED: seller shall provide Buyer 'with a Warranty Deed ,to . the subject property upon Sellers's receipt of the Assignment ' provided for in paragraph 3 hereof or the balance in cash upan .delivery of deed. F:. ~:.;.? ;, 8. NO ORAL MUDTF'ICATIUN: This Agreement. constitutes the,' entire agree*_nent between the parties and shall not be modified except in writing, executed by all parties hereunto.. 9. NO LIENS PERMITTED: Buyer covenants and agrees that Buyer shall not create, 'suffer or permit ,any liens, improvements ~ or repairs thereon during the term of this Agreement; and in the event . any such lien is filed, Buyer covenants and agrees to hold Seller harmless therefrom to pay all costs and expenses to'~obtain'''a~ discharge thereof. ~ ~ ` 10. TAXES AND WATER ASSESSMENTS: AssessmentH for taxes and;, water shall be prorated as of the date of closing or from the. 60 day first option expiration date. 11. COVENANTS: In the event Buyer shall exercise this option - to purchase said property, the BUYER ACKNOWLEDGES RECEIPT of a copy of the covenants, conditions, and restrictions. for said.'.: subdivision, and agrees to abide by said covenants :and restrictions. ~' 12. If option is extended past the 60 expiration date, ' interest will begin accruing from that date to closing, at the rate of 12~ per annum - pro-rated per diem. ., '. 13. BENEFITS OF AGREEMENT: If legal action is instituted to enforce this agreement, the prevailing party shall be entitled to ?; reasonable attorney fees. ~~ This agreement shall be binding on the executors,. heirs,, administrators, personal representatives, successors and assigns of ~ ~. the respective parties hereto, time being of the essence. There are no verbal agreements modifying this agreement. IN WITNESS WHEREOF, the parties hereto have executed this ~ Option Purchase the day and year first above written. '~ • BUYER PHONE: .3~6 "72.3 ~ ' 1 `f` ADDRESS : _. ~~~ ~ `~~'~iG+31"~d~V f' C . ~~l SC~~ SELLER: NORTHWEST LAND AND DEVELOPMENT CORPORATION (NWLDC) BY: ' • • BEFORE THE MERIDIAN CITY COUNCIL RONALD L. HENRY ANNE7LATION AND ZONING A PORTION OF THE N.W. 1/4 OF SECTION 19, T.3 E., R.1 W., B.M. MERIDIAN MEADOWS SUBDIVISION MERIDIAN. IDAHO C~Op~( FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on April 5, 1994, at the hour of 7:30 o'clock p.m., at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Council having heard and taken oral and written testimony and the Applicant appearing in person, and having duly considered the matter, the City Council makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2~ consecutive weeks prior to the said public hearing scheduled for April 5, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the April 5, 1994, hearing; and 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. HENRY\FAWCETT MEADOWS FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 { • • 2. That the property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately 9.95 acres in .size. 3. That the. property is presently zoned by the county as R-T (Rural Transition); that the Applicant requests that the property be zoned R-4 and stated that the use proposed would be for proper residential as dictated by the zone- and' submitted a proposed preliminary plat. 4. The general area surrounding the property is used agriculturally and residentially; that some of the property to the north is platted for residential and some property to the north is unplatted and vacant ground; that there is R-4 residential property to the west across the Meridian/Runa Highway; the property to the south is unplatted agricultural ground; the property to the east is residentially platted. 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 owners of record, Wilford H. Fawcett and Barbara A. Fawcett, have requested this annexation and zoning and the application is not at the request of the City of Meridian. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. HENRY\FAWCETT MEADOWS FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2 • 8. That the parcel of ground requested to be annexed is presently included within the Meridian .Urban Service Planning Area (U.S.P.A.) as the Urban. Service Planning Area is defined in the Meridian Comprehensive Plan; that the property is included within an area designated in the Meridian Comprehensive Plan as a Single Family Residential area. 9. There were no property owners, or anyone else, appearing at the hearing to object to the application. 10. That the Applicant indicated that the intended development of the property is, as stated above, for single family dwellings; in the subdivision application it is represented that the lots zoned R-4 would have a minimum of 8.,000 square feet per and that the houses would. have a minimum square footage of 1,600 square feet. 11. The Applicant stated at the hearings that there would be 39 lots for single family dwellings, a 2.7 density per acre, that he agrees with the comments of the City Engineer but desired clarification on one regarding the water line near Highway 69; that lot 8 Block 1, would be donated to the City for a City Park but informed the Council that he has decided not to deed the lot to the City and the City has decided that the lot is too small to be of any benefit to the City park system;. that there was some doubt presented about a mini-park on the east side. of Ten Mile Creek; that he had questions about Ada County Highway District's comments about irrigation and drainage. HENRY~FAWCETT MEADOWS FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 • 12. That in the Rural Area section of the Comprehensive Plan, Land- Use, Rural Areas, Section 6.3, it does state that land in agricultural activity should so remain in agricultural activity until urban services can be provided. 13. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots. 14. That the property can be physically serviced with City water and sewer. 15. Meridian Police Department, Meridian Fire Department, Meridian School District, Meridian City Engineer, -Ada County Highway District, Ada' Street Name .Committee, Central District Health Department, Nampa Meridian Irrigation District, Bureau of Reclamation and the Meridian Planning Director submitted comments and such are incorporated herein as if set forth in full. 16. That the R-4, Residential District is described in the Zoning Ordinance, 11-2-408 B. 3 as follows: (R-4) LOW DENSITY RESIDENTIAL DISTRICT: The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan or the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non- residential uses. The (R-4) District allows for a maximum of four (4) dwellings units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian."; HENRY\FAWCETT MEADOWS FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4 • 17. That the Meridian Comprehensive Plan, under Land Use, Residential Policies, 2.1U states as follows: "Support a variety of residential categories (urban, rural, single-family, multi-family, townhouses, apartments, condominiums, etc.) -for. the purpose of providing the City with a range of affordable housing opportunities." 18. -That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.3 c., it states as follows: "Within the Urban Service Planning Area development may occur in densities as low as 3 dwellings per acre if physical connection is made to existing City of Meridian water and sewer service and the property is platted and subdivided . ~~ 19. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.4, it states as follows: "Residential development is allowed in the rural area provided that said development does not exceed the Rural Residential Agricultural density, unless it is inside the Urban Service Planning Area and City sewer and water is provided, then Low, Medium and High density residential may be considered. All residential development must also comply with the other appropriate sections of this plan." 20. That the Meridian Comprehensive Plan, under Housing, Housing Policies, at page 66, it states as follows: "1.1 - The City of Meridian intends to provide for a wide diversity of housing types (single-family, modular, mobile homes, multi-family, townhouses, apartments, condominiums." "1.3 An open housing market for all persons, regardless of race, sex, age, religion or ethnic background." "1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged." 21. That there is a population influx into the City of Meridian~at the present time which has been going on for some time HENRY\FAWCETT MEADOWS FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5 • and is likely to continue; that the land is relatively close to Meridian and economic conditions are making it difficult to continue farming in the area. 22. That the City Engineer specifically commented regarding the annexation that the legal description needs to include the adjacent portion of the State Highway 69 right-of-way; that the area of lots 2, 3 and 4 of Block 4, .needs to be 8,000 square feet excluding the Ten Mile creek easement; that data needs to be submitted establishing the highest seasonal groundwater elevation; and in a supplemental comment stated that the existing domestic water and sewer services to Lots 2 and 5, Block 5, via wells and septic systems, must be terminated and the residences on these lots will be required to connect to the City water and sewer systems. 23. That the Planning Director, Wayne Forrey, commented that the R-4 request complied. with the Comprehensive Plan with the exception of adequate recreation facilities to serve this development area; that the site is adjacent to Ten Mile Drain, which has been designated for future pathway development and that a pathway concept design plan must be submitted to the Bureau of Reclamation and for City approval and compliance with the County Pathway Plan and Meridian Comprehensive Plan. He also commented that a pedestrian bridge to the east over Ten Mile Creek is needed to link the various existing and future subdivisions together and meet Meridian School District need for pedestrian access between subdivisions and that a twenty foot wide lot of record between lots HENRY\FAWCETT MEADOWS FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6 • • 2 and 3 of Block 1, should be established for the access and for sewer access with the home owners association maintaining the easement. Also, that as a condition of approval, the developer/owner must enter into a development agreement addressing subdivision access linkage, pathway development and recreation services. He also commented that as the site improvement plans are prepared and submitted, City staff will review and approve any site designs to achieve a high quality project' as called for in the Comprehensive Plan and in neighborhood meetings. That in prior requests for annexation and zoning the Director has commented that annexation could be conditioned on a development agreement including an impact fee to help acquire a future school or park sites to serve the area and that annexations should be subject to impact fees for. park, police, and fire services as determined by the city and designated in an approved development agreement. 24. The Meridian School District submitted comment in all previous. annexation requests 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 additional schools. HENRY~FAWCETT MEADOWS FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 7 • • 25. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of-the City; that the City knows that the increase in population does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students. 26. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may iunpose either a development fee or a transfer fee on residential property, which if possible would be retroactive and apply to all residential lots in HENRY~FAWCETT MEADOWS FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 8 • • the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 27. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 28. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement." 29. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and- similar irreplaceable amenities.) shall be preserved in the design of the subdivision;" 30. That Section 11-9-605 R states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of_way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi- improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; HENRY\FAWCETT MEADOWS FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 9 • • 3. To play a major role in conserving area scenic and natural value, especially waterways, drainage's and natural habitat; 4. To buffer more, intensive adjacent urban land uses; 5. To enhance local identification within the. area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 31. That Section 11-9-605 L states as follows: Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. .The Commission and Council shall consider the Bicycle-Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 32. That the Applicant submitted an application for preliminary plat along with the application for annexation and zoning which application included a preliminary plat. 33. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning. Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. HENRY\FAWCETT MEADOWS FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 10 • • 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. 3. That the Planning and Zoning Commission has judged this annexation and zoning use application under Idaho Code, Section 50- 222, 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, with the consent of the owners of the property, and 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. HENRY\FAWCETT MEADOWS FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 11 • • 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and Section 11-9-605 M., which pertains to the tiling of ditches and waterways. 10. That this Application has been submitted prior to the adoption of the proposed amendment to the Meridian Comprehensive Plan; that as a condition of annexation the Applicant must agree that the Meridian Comprehensive Plan shall apply to the land and any development. This agreement may be a part of the development agreement. 11. That the Applicant's property is in compliance with the Comprehensive Plan, and .therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. 12. That the requirements of the Meridian City Engineer, including those he specifically stated in his comments and those stated herein in these Findings and Conclusions, and of the Ada County Highway District, Nampa .& Meridian Irrigation District, Bureau of Reclamation, and the comments Meridian Planning Director, Wayne k'orrey, except the deeding of Lot 8, -Block 1 to the City. Lot 8, Block 1, shall not be deeded to the City because the City has determined that the lot is too small to benefit the City park system; shall be met and shall be addressed in a development Agreement. HENRY\FAWCETT MEADOWS FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 12 • • • 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 Applicant will be required to. connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation, the Applicant shall be require#d 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 1, H 2, K, L and the comments of the Planning Director, Wayne Forrey;~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 impact, development, 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. 15. That the house size representation of 1,600 square feet must be met and those representations of the Applicant made at the public hearing, which are recited in Paragraphs 10 and 11 of the Findings ~of Fact. HENRY\FAWCETT MEADOWS FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 13 • 16. That proper and adequate access to the property is available and will have to be maintained. 17. That these conditions shall run with the land and bind the applicant and its assigns. 18. With compliance of the conditions contained herein, the annexation and zoning of R-4 Residential would be in the best interest of the City of Meridian. 19. That if these conditions of approval are net met the property shall be subject to de-annexation. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR GRANT P. KINGSFORD (TIE BREAKER) VOTED if '~ VOTED VOTED VOTED VOTED DECISION AND RECOMMENDATION The Meridian City Council hereby recommends to the City of Meridian that they approve the annexation and zoning as stated above for the property described in the application with the conditions set forth in these Findings of Fact and Conclusions of HENRY\FAWCETT MEADOWS FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 14 . ~~ r~ ~J Law and .that the Applicant be specifically required to the all ditches, canals and waterways, meet all of the Ordinances of the City of Meridian, specifically including the development time requirements, and enter into the required development agreement, and that if the conditions are not met that the property be de- annexed. MOTION: APPROVED: ~ DISAPPROVED: HENRY\FAWCETT MEADOWS FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 15 • • MERIDIAN CITY COUNCIL MEETING: April 5. '994 APPLICANT: Ronald Henry AGENDA ITEM NUMBER: -~ ~5 REQUEST: Annexation and zoning with a ureliminarv plat for Fawcetts Meadows A N Y COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: t• • HUB OF TREASURE VALLEY • OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer C DIAN F M RONALD R. TOLSMA MAX YERRINGTON GARY D. SMITH, P.E. City Engineer ITY O ERI ROBERT D. CORRIE BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T. SHAWCROFr, waste water supt. 33 EAST IDAHO WAYNE S. FORREY, AICP KENNY W. BOWERS, Fire Chief " " MERIDIAN, IDAHO 83642 Planner S Zoning Administrator W.L. BILL GORDON, Police Chief JIM JOHNSON WAYNE G. GROOKSTON, JR., gttorney Phone (208) 888433 • FAX (208) 887-4813 Chairman • Planning & Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM: Supplemental February 3, 1994 To; Mayor, City Council, Planning & Zoning ~~~~ED From; Bruce Freckleton, Assistant to City Engineer <<,~ Re; MERIDIAN MEADOWS SUBDIVISION ~~,~„~ ~~, ~[E~IBIAPi (Annexation, Zoning, Preliminary Plat) I have reviewed this submittal and offer the following additional comment, as a supplement to the City Engineer's original comments of January 8, 1994, for your information and consideration as conditions of the applicant during the hearing process: 16. The existing domestic water and sewer services to Lots 2 & 5, Block 5, via wells and ~~ septic systems, must be terminated with this annexation. Residences on these lots will be required to make connection to the city water and sewer facilities. • HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk RONALD R. TOLSMA MAX YERRINGTON S v CITY OF MERIDIAN ROBERT D. CORRIE GARY D. SM TH P.E. City Eng eer WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO WAYNE S. FORREY, AICP KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 Planner & Zoning Administrator W.L. "BILL" GORDON, Police Chief JIM JOHNSON WAYNE G. GROOKSTON, JR., Attorney Phone (208) 888-0433 • FAX (208) 887-4813 Chairman - Planning 8 Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM January 8, 1994 TO; MAYOR, COUNCIL, PLANNING & ZONING FROM; Gary D. Smith, PE ,. RE; MERIDIAN MEADOGIS SUBD. (Annexation, Zoning, Preliminary Plat) I have reviewed this sumbittal and ofer the following comments for your information and consideration as conditions of the applicant during the hearing process: 1. The legal description locates this property adjacent to existing city limit boundary. The description needs to include the adjacent portion of S.H. 69 right of way. 2. The vicinity drawing needs to include the Elk Run Subd. 3. Submit street and subdivision name approval from Ada County. 4. The area of Lots 2,3,4-Block 4 needs to be 8,000 S.F., excluding the Ten Mile Creek easement. 5. Reference the benchmark used for the contour lines. 6. Move sanitary sewer line out the easements shown and into a public right of way. 7. Street lights need to be shown at max. 400 ft. spacing and or at street intersections/fire hydrants. 8. Street access to Calderwood for lot 9, 10-Block 2 and sewer service to these lots is questioned. Calderwood is a collector street that is usually restricted for access by ACRD and no sewer line exists in Calderwood. 9. Water lines are located 12 feet east and north of street centerline. Sewer laterals are located on the west and south side of street centerline. 10. It is not necessary to provide a temporary turn-a-round at the south end of Fawcett. A full circle turn-a-round should be shown at the south end of S. 10 Mile Cr. Trail. • • 11. Note No.9 is confusing. Where is an access to this piece of ground? Why would the city be interested in acquiring this parcel? Is it to be a parksite? Who maintains it? 12. The 12" dia. water line at Calderwood and S.H. 69 needs to be extended to the S.W. corner of this parcel. A policy question has been asked on the Elk Run Subd. No.2 for extension of this same water line. 13. ACHD needs to accept ownership and maintenance of the storm water system outside the public right of way. 14. Provide data establishing the highest seasonal groundwater elevation for this parcel. • • HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk CITY OF MERIDIAN RONALD R. TOLSMA ROBERTRD.ICORR E GARY D. SM THS P.E. C ty Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO WAYNE S. FORREY, AICP KENNY W. BOWERS, Flre Chief " MERIDIAN, IDAHO 83642 Planner &Zoning Administrator GORDON, Police Chief W.L. "BILL WAYNE G. GROOKSTON, JR., Attorney Phone (208) 888-0433 ~ FAX (208) 887813 JIM JOHNSON Chairman -Planning 8 Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor ~y ~~~~~~K! MEMORANDUM - ~ ~~~~t TO: Planning & Zoning Commission, Mayor, and City Council C~`~ ~~ ~~~ID1AN ~ FROM: Wayne S. Forrey, Planning Dirac V~' ~ RE: Annexation . and Zoning to R-4 with Revised Preliminary Plat of Meridian Meadows by Ronald Henry DATE: February 2, 1994 Annexation and land use request of R-4 complies with the current Comprehensive Plan with the exception of adequate recreation facilities to serve this development area. This site is adjacent to the Ten Mile Creek which has been designated for future pathway development by the Federal Government and the City of Meridian. A pathway design plan must be submitted to the Bureau of Reclamation and the City for approval and compliance with the County Pathway and Meridian Comprehensive Plan. The Comprehensive Plan indicates a need for a developed pathway in this are4• All other public services are available or within reasonable service areas for extension. As a condition of approval the Final plat should be designed to include a 20 foot wide lot of record between lots 2 and 3 of Block 1 for sewer access and pedestrian access to the Ten Mile Creek pathway and park area, Homeowners Association to maintain the sewer/pedestrian access lot. Developer to construct the pathway and a pedestrian bridge to access Lot 8, Block 1. A pedestrian bridge to the East over Ten Mile Creek is needed to link the various existing and future subdivisions together and meet the School Districts need for pedestrian access between subdivisions. As a condition of approval, the developer/owner must enter into a Development agreement addressing subdivision access linkage pathway development and Recreation services. This agreement must be approved by the City prior to the Final plat approval. As the site improvement plans are prepared and submitted, City staff will review and approve any site designs to achieve a high quality project as called for in the Comprehensive Plan and in neighborhood meetings. ~ ~ BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION RONALD L. HENRY ANNEXATION AND ZONING A PORTION OF THE N.W. 1/4 OF SECTION 19, T.3 E., R.1 W., B.M'. MERIDIAN MEADOWS SUBDIVISION MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on January 11, 1994, at the hour of 7:30 o'clock p.m., and again on February 8, 1994, at the hour of 7:30 o'clock p.m. on each of said dates, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Council having heard and taken oral and written testimony and the Applicant appearing in person, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for January 11, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the January 11, 1994, hearing; that the matter was heard at the January 11, 1994, meeting and then tabled at the request of the Applicant so that he could add some property to .the application; and that the public was given HENRY FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 • 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 reference is incorporated herein; that the property is approximately 9.95 acres in size. 3. That the property is presently zoned by the county as R-T (Rural Transition); that the Applicant requests that the property be zoned R-4 and stated that the use proposed would be for proper residential as dictated by the zone and submitted a proposed preliminary plat. 4. The general area surrounding the property is used agriculturally and residentially; that some of the property to the north is platted for residential and some property to the north is unplatted and vacant ground; that there is R-4 residential property to the west across the Meridian/Kuna Highway; the property to the south is unplatted agricultural ground; the property to the east is residentially platted. 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 owners of record, Wilford H. Fawcett and Barbara A. Fawcett, have requested this annexation and zoning and the application is not at the request of the City of Meridian. 7. That the property included in the annexation and zoning HENRY FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2 • • application is within the Area of Impact of the City of Meridian. 8. That the parcel of ground requested to be annexed is presently included within the Meridian Urban Service Planning Area (U.S.P.A. ) as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan; that the property is included within an area designated in the Meridian Comprehensive Plan as a Single Family Residential area. 9. There were no property owners, or anyone else, appearing at the hearing to object to the application.. 10. That the Applicant indicated that the intended development of the property is, as stated above, for single family dwellings; in the subdivision application it is represented that the lots zoned R-4 would have a minimum of 8,000 square feet per and that the houses would have a minimum square footage of 1,600 square feet. 11. The Applicant stated at the hearings that there would be 39 lots for single family dwellings, a 2.7 density per acre, that he agrees with the comments of the City Engineer but desired clarification on one regarding the water line near Highway 69; that lot 8 Block 1, would be donated to the City for a City Park; that there would be a mini-park on the east side of Ten Mile Creek; that he had questions about Ada County Highway District's comments about irrigation and drainage. 12. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Areas, Section 6.3, it does state that land in agricultural activity should so remain in agricultural activity HENRY FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 until urban services can be provided. • 13. That .Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots. 14. That the property can be physically serviced with City water and sewer. 15. Meridian Police Department, Meridian Fire Department, Meridian School District, Meridian City Engineer, Ada County Highway District, Ada Street Name Committee, Central District Health Department, Nampa Meridian Irrigation District, Bureau of Reclamation and the Meridian Planning Director submitted comments and such are incorporated herein as if set forth in full. 16. That the R-4, Residential District is described in the Zoning Ordinance, 11-2-408 B. 3 as follows: (R-4) LOW DENSITY RESIDENTIAL DISTRICT: The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan or the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non- residential uses. The (R-4) ,District allows for a maximum of four ( 4 ) dwellings units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian."; 17. That the Meridian Comprehensive Plan, under Land Use, Residential Policies, 2.1U states as follows: "Support a variety of residential categories {urban, rural, single-family, multi-family,. townhouses, apartments, condominiums, etc. ) for the purpose of providing the City with a range of affordable housing opportunities." HENRY FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4 • • 18. That the Meridian Comprehensive Plan, under Land Use; Rural Areas, 6.3 c., it states as follows: "Within the Urban Service Planning Area development may occur in densities as low as 3 dwellings per acre if physical connection is made to existing City of Meridian water and sewer service and the property is platted and subdivided .' 19. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.4, it states as follows: "Residential development is allowed in the rural area provided that said development does not exceed the Rural Residential Agricultural density, unless it is inside the Urban Service Planning Area and City sewer and water is provided, then Low, Medium and High density residential may be considered. All residential development must also comply with the other appropriate sections of this plan." 20. That the Meridian Comprehensive Plan, under Housing, Housing Policies, at page 66, it states as follows: "1.1 The City of Meridian intends to provide for a wide diversity of housing types (single-family, modular, mobile homes, multi-family, townhouses, apartments, condominiums." "1.3 An open housing market for all persons, regardless of race, sex, age, religion or ethnic background." "1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged." 21. That there is a population influx into the City of Meridian at the present time which has been going on for some time and is likely to continue; that the land is relatively close to Meridian and economic conditions are making it difficult to continue farming in the area. 22. That the City Engineer specifically commented regarding the annexation that the legal description needs to include the HENRY FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5 • • adjacent portion of the State Highway 69 right-of-way; that the area of lots 2, 3 and 4 of Block 4, needs to be 8,000 square feet excluding the Ten Mile creek easement; that data needs to be submitted establishing the highest seasonal groundwater elevation; and in a supplemental comment stated that the existing domestic water and sewer services to Lots 2 and 5, Block 5, via wells and septic systems, must be terminated and the- residences on these lots will be required to connect to the City water and sewer systems. 23. That the Planning Director, Wayne Forrey, commented that the R-4 request complied with the Comprehensive Plan with the exception of adequate recreation facilities to serve this development area; that the site is adjacent to Tmc, which has been designated for future pathway development and that a pathway concept design plan must be submitted to the Bureau of Reclamation and for City approval and compliance with the County Pathway Plan. and Meridian Comprehensive Plan. He also commented that a pedestrian bridge to the east over Ten Mile Creek is needed to link the various existing and future subdivisions together and meet Meridian School District need for pedestrian access between subdivisions and that a twenty foot wide lot of record between lots 2 and 3 of Block 1, should be established for the access and for sewer access with the home owners association maintaining the easement. Also, that as a condition of approval, the developer/owner must enter into a development agreement addressing subdivision access linkage, pathway development and recreation services. He also commented that as the site improvement plans are HENRY FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6 • prepared and submitted, City staff will review and approve any site' designs to achieve a high quality project as called for in the Comprehensive Plan and in neighborhood meetings. That in prior requests for annexation and zoning the Director has commented that annexation could be conditioned on a development agreement including an impact fee to help acquire a future school or park sites to serve the area and that annexations should be subject to impact fees for park, police, and fire services as determined by the city and designated in an approved development agreement. 24. The Meridian School District submitted comment in all previous annexation requests 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 additional schools. 25. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Ac,t, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision.";" that the City of Meridian is concerned with the increase in HENRY FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 7 population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the. City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students. 26. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which if possible would be retroactive and apply to all residential lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 27. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 28. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to .screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right HENRY FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 8 • • of way or utility easement." 29. That Section T1-9-605 H 2. states as follows: ~ "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 30. That Section 11-9-605 K states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features.. As improved areas (landscaped), semi- improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3: To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 31. That Section 11-9-605 L states as follows: Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that a~ alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicycle-Pedestrian Desiqn Manual for Ada County (as prepared by Ada County HENRY FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 9 • ~ • Highway District) when, reviewing bicycle and pedestrian pathway provisions within developments. 32. That the Applicant submitted an application for preliminary plat along with the application for annexation and zoning which application included a preliminary plat. 33. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City~of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. 3. That the Planning and Zoning Commission has judged this annexation and zoning use application under Idaho Code, Section 50- 222, 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. HENRY FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 10 • • 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, with the consent of the owners of the property, and i.s 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 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 Section 11-9-605 M., which pertains to the tiling of ditches and waterways. 10. That this Application has 'been submitted prior to the adoption of the proposed amendment to the Meridian Comprehensive Plan; that as a condition of annexation the Applicant must agree that the Meridian Comprehensive Plan shall apply to the land and any development. This agreement may be a part of the development agreement. 11. That the Applicant's property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. HENRY FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 11 • 12. That the requirements of the Meridian City Engineer, including those he specifically stated in his comments and those stated herein in these Findings and Conclusions, and of the Ada County Highway District, Nampa & Meridian Irrigation District, Bureau of Reclamation, and the comments Meridian Plannig Director, Wayne Forey, shall be met and shall be addressed in a development Agreement. 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 Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation, the Applicant shall be require#d 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 1, H 2, K, L and the comments of the Planning Director, Wayne Forrey; 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 impact, development, 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 HENRY FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 12 • • of City services, if the requirements of this paragraph are not met. 15. That the house size representation of 1,600 square feet must be met and those representations of the Applicant made at the public hearing, which are recited in Paragraphs 10 and 11 of the Findings of Fact. 16. That proper and adequate access to the property is available and will have to be maintained. 17. That these conditions shall run with the land and bind the applicant and its assigns. 18. With compliance of the conditions contained herein, the annexation and zoning of R-4 Residential would be in the best interest of the City of Meridian. 19. That if these conditions of approval are et met the Vl at property shall be subject to de-annexation. APPROVAL OF FINDIN(~8 OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) VOTED, VOTED, VOTED VOTED, VOTED l/~ HENRY FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 13 • DECISION AND RECOI~II~IENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as stated above for the property described in the application with the conditions set forth in these Findings of Fact and Conclusions of Law and that the Applicant be specifically required to the all ditches, canals and waterways, meet all of the Ordinances of the City of Meridian, specifically including the development time requirements, and enter into the required development agreement, and that if the conditions are not met that the property be de-annexed. MOTION: APPROVED: DISAPPROVED: HENRY FINDINGS OF FACT AND CONCLi1SIONS OF LAW Page 14 • HUB OF TREASURE VALLEY • OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. GROCKSTON, JR., Attorney COUNCIL MEMBERS A Good Place to Live RONALD R. TOLSMA CITY OF MERIDIAN WALTW.MORROW 33 EAST IDAHO WAVNE S. FORREY, AICP MERIDIAN, IDAHO 83642 Planner a, zoning Administrator JIM JOHNSON Phone 208 888-4433 • FAX 208 887-4813 ( ) ( ) Chairman • Planning 8 Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, may we have your answer by : V"~.I~.n,t.c~.t TRANSMITTAL DATE : ~ '~ ~ REQUEST • 7~01~ ~ Zmt.~, BY : `~ ~~ ~/~. Q. HEARING DATE • 2 ~ ~ ~ ~ ~Pl~ ))~-~_ _ r~'CStSLC.~ ~A./ U ~ ~~ ~ ,, I LOCATION OF PROPERTY OR PROJECT : / ~ uCJll~~fil,Q/-/\, ~~~ `~ JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON,C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIIDAN SCHOOL DISTRICT MERIDIAN POST OFF.(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR. DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST (PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUR OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER : ~~ '~ ~~ ~~ YOUR CONCISE REMARKS: _ y -T- ~) n .~_ ~y.L~`F14` ~'7 /~"rTS_~`_ '~ ~ ~C_~d~s•' T~li S .~+~is.tL13IXll.~f.5lf~a w; ~~_ &t,~ v' t~(.z~~i~.r,w.r~ Poles fG~Li'G'h.fs ,7?r 2 9q `~ t t s R.IE~~~~'~~ ~~a EXCEL! 2 ~y~ ~ A~ 2 ~ 1994 ~ ~~~~~ ~' CITY OF E~IDIRN Q ~~ SUPERINTENDENT 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 January 19, 1994 City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: Meridian Meadows Subdivision Dear Councilmen: I have reviewed the application for Meridian Meadows Subdivision. This planned development will accelerate the need for Joint School District No. 2 to construct additional classrooms and/or to adjust school attendance boundaries. Meridian Schools do not have excess capacity. Nearly every school in the district is beyond capacity. The Meridian School District supports economic growth for Idaho and specifically the district's area, but such growth produces a need for additional school construction. We ask your support for a development fee statute on new home construction or a real estate transfer fee to help offset the costs of building additional school facilities. If this support is lacking then we ask that additional residential development be denied. Residents of the new subdivision cannot be assured of attending the neighborhood school as it may be necessary to bus students to available classrooms across the district. We ask that you assure the developer will provide walkways, bike paths and safe pedestrian access. Sincerely, ~P~%~~ Dan Mabe, Deputy Superintendent DM:gr • 150 SEC. LOAD JOINT SCHOOL DISTRICT No. 2 25 EL. CLASS AV. CLASSROOM PROJECTIONS -FALL 1993 16-Dec-93 ELEMENTARY ENROLLMENT PRESENT PORTABLE CAPACITYY SCHOOLS 10/1/93 CAPACITY CLASSROOMS DIFFERENCE USED CHIEF JOSEPH 679 598 -81 113.55°k EAGLE 424 437 13 97.03% EAGLE HILLS 496 437 1 -59 113.50% FRONTIER 620 717 97 86.47% JO P LI N 544 426 2 -118 127.70% LAKE HAZEL 424 460 1 36 92.17% LI N D ER 587 437 2 -150 134.32% McM I LLAN 590 562 2 -28 104.98% MERIDIAN 521 506 1 -15 102.96% PIONEER 664 715 51 92.87% RIDGEWOOD 353 414 61 85.27% SILVER SAGE 287 345 58 83.19% STAR 263 276 13 95.29% SUMMER WIND 504 481 -23 104.78% USTICK 553 483 1 -70 114.49% TOTAL 8,031 7,754 12 -277 103.57% I>?~dd~e Schon~ LAKE HAZEL 1,140 1,000 5 -140 114.00% O W ELL S COTT L 1,439 1 ,100 10 -339 130.82% ~@@~11 , f~~v f ~a 1ry ~ :Il~llrl~l.I~~:' ¢ .. rfl~~+III~•P'' y ;K;:k~ ~: ~}y`~,. ~. ~. y{.3[1 ~°.yy;;, X 1{{t~~_. ..'3i11)+k?Y•.% p^. TOTAL }}, h S.GhO~ CENTENNIAL ALTERNATIVE TOTAL 4,163 3,350 18 - 813 124.27% 2,143 1,900 7 -243 112.79% ~:. ~r t 49 .130 8 -19 114.62% DISTRICT TOTALS 4,695 3,980 24 -715 117.96% 16,889 15,084 54 -1805 RECEI~1'E~ JAN 2 1 1994 Ci1'Y OF MiERIDIRN • KECEIVED JAN 1 8 1994 CITY OF MERIDIAN January 13, 1994 T0: Ronald L. Henry 214 S. Cole Road Boise ID 83709 FROM: Larry Sale, S rv' Development SUBJECT: MERIDIAN MEADOWS SUBDIVISION - PRELIMINARY PLAT On January 12, 1994, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the Preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are required: Prior to any construction within the existing or proposed public right-of- way, the following shall be submitted and subject to review and approval by the District: a. Three complete sets of detailed street construction drawings prepared by an Idaho Registered Professional Engineer, together with payment of plan review fee. b. Execute an Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. c. Complete all street improvements to the satisfaction of the District, or execute Surety Agreement between the Developer and the District to guarantee the completion of construction of all street improvements. ada county highway district 318 East 37th Boise, Idaho 83714 • Phone (208) 345-7680 JAMES E. BRUCE, President GLENN J. RHODES, Vice President SHERRY R, HUBER, Secretary • January 13, 1994 Page 2 • 3. Furnish copy of Final Plat showing street names as approved by the Local Government Agency having such authority together with payment of fee charged for the manufacturing and installation of all street signs, as required. 4. If Public Rights-of-Way Trust Fund deposit is required, make deposit to the District in the form of cash or cashier's check for the amount specified by the District. 5. Furnish easements, agreements, and all other datum or documents as required by the District. 6. Furnish Final Plat drawings for District acceptance, certifications, and endorsement. The final plat must contain the signed endorsement of the Owner's and Land Surveyor's certification. 7. Approval of the plat is valid for one year. An extension of one year will be considered by the Commission if requested within 15-days prior to the expiration date. Please contact me at 345-7680, should you have any questions. LS cc: Development Services Chron J. Reese Leavitt Meridian City Hall cc~rc RECEIVED JAN 1 8 i99~t JAMES E. BRUCE, President GLENN J. RHODES, Vice President SHERRY R. HUBER, Secretary TO: ACRD Commission ctTV of ME~~~~~.~ INTER-DEPARTMENT rORRESPONDENCE NlERMEDOW/PSTECH 1-12-94 DATE; January 7. 1994 FROM: Development Services SUBJECT: PRELIMINARY PLAT - MERIDIAN MEADOWS SUBDIVISION (Developer - Ronald L. Henry. 214 S. Cole Rd., Boise, ID s~3749 ) (Engineer/Surveyor - J. Reese Leavitt, P.O. Box 232, Melba, ID 83641) FACTS & FINDINGS: ?_, Meridian Meadows is a 27-lot single family residential subdivi- sion on 14.4 acres of property located on the southeast corner of State Highway 69 (Kuna-Meridian Road) and Calderwaod Street. 2. GENERAL INFORMATION: ACRES - 1C.0 FEET OF NEW PUBLIC STREETS - 1,465 LOTS - 27 Residential VEHICLE TRIPS PER DAY - 270 TRAFFIC ANALYSIS ZONE - 293 L.F. OF FRONTAGE ON State Highway 59 - 389-feet MOST RECENT TRAFFIC COUNTS - Nave Available FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Minor Arterial ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Route EXISTING RIGHT-OF-WAY - 120-feet REQUIRED RIGHT-OF-WAY - Comply with ITD requirements. L.F. OF FRONTAGE ON Calderwood Street - 735-feet MOST RECENT"TRAFFIC COUNTS - Not constructed yet FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Collector ADA COUNTY RIDGE-TO-RIVERS PATHWAY-PLAN - No pathway shown EXISTING RIGHT-OF-WAY - 50-feet REQUIRED RIGHT-OF-WAY - 60-feet IMPACT FEE BENEFIT°ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities ado county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 I=RELiN:INARY HEAT MERIDIAN 1`~IEr~DOWS SUBDIVISIQ• ~7anuarv 7. 1994 .gage 2 ~. ~:;tat:e I~ighway h9 (K,una-Meridian Road) is under the jTirisdic- tion of Idaho Transportation Department (ITD). The developer is required to submit application materials to .[TD for review and requirements ~f that Department.. ~~. Calderwood Street is currently under construction (28-foot paved roadway) as a requirement far the platting of Funning Brook Estates. Staff. recommends full curb, sidewalk. and pave- ment widening improvements abutting Aarcel as a continuation of the existing improvements be constructed. to a collector standard.. The additional right-of-way requirement of 10-feet t from 50-feet of right-of-way to 60-feet) will be imposed on the property to the north when it develops. There are two lots (Lots 9 & 10 of Black 2) proposed. to take access to Calderwood Street. The lot lavaut in this area will be required to be rearranged to avoid direct lot access. to this collector street.. ~. The proposed ZO Mile Creek Trail will. be required to have a. paved public turnaround constructed at the south end of i.t. 6. This application i.s scheduled for public hearing by the Meridi- an Planning & Zoning Commission on January 11, 1994. SITE SPECIFIC REQUIREN~NTS: 1. Construct curb, gutter, ~-foot sidewalk and match paving on Calderwood Street abutting parcel. Improvements shall be constructed to a 41-foot back-ta-back street section. The owner will be compensated far the curb and pavement widening texcluding the sidewalk) from available impact fee revenues in this benefit zone. ?. Direct lot or parcel access to Calderwood Street is prohibit- ed, in compliance with District policy. Lot access restric- tions shall be stated on the. final plat. 3. Comply with requirements of ITD for State Highway 69 front- age. Submit to the District a letter from ITD regarding said requirements. STANDARD REQUIREMENTS• 1, Street and drainage improvements required in the public right- af-way shall be designed and constructed in conformance with District standards and policies. ,PRELIMINARY FLAT -~tZIDIAN MEADOWS SUBDIVISI~ ~a.nuary 7, 1994 ~~aye 2. Dedicated streets and drainage systems shall be designed and constructed in conformance- with District standards and poli- ~.ies . ~, ;:~pecif.caticns, land surYreys, reports, plats,. drawings, plans, design information and calculations presented t.o ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-121. !l. Provide written approval from the appropriate irriga- t~ion/drainage district authorizing storm runoff into their system. 5. Locate obstructions 4utility facilities, irrigation and drain- age appurtenances, etc. outside of the proposed street im- provements. Authorization for relocations shall be obtained. from "the appropriate entity. 6. ^ontinue existing irrigation and drainage systems across par- cel. 7. Submit three sets of street construction plans- to the District .for review and appropriate action. ~, Submit site drainage plans and calculations for review and. appropriate action by ACRD. The proposed drainage system shall conform to the requirements of the City of Meridian and shall retain alI storm water on-site. Public street drainage facilities shall be located in the public right-of-way or in a drainage easement set. aside specif- ically for that use. `.F'here shall be no trees, fences, bushes, .sheds, or other valuable amenities placed in said easement. Drainage easements and their use restrictions shall be noted on the plat. 9. Provide design data for proposed access to public streets for review and appropriate action by ACRD. 10. Locate driveway curb cuts a minimum of 5-feet from the side lot property lines when the driveways are not being shared with the adjacent property. 11. Developer shall provide the Listrict with a copy of the record- ed plat prior to the installation of street name signs. Street signs will not be ordered until all fees have been paid ~~nd a copy of the recorded plat has been provided to ACRD staff. The copy of the recorded plat shall show the recording information as inscribed. by the Deputy County Recorder. P~2ELIT4INA.RY PLAT - ~RIDlAN ~~EADOWS St)BDIVISIO~ January ?, 1.994 gage 4 12. Lnstall a stop sign can every ..Ensignalized ~~pproach ~af a project street to an intersection. involving a collector or. arterial as the cross-street. The stop sign shall be in- stalled when the project street is first accessible to the motoring public. 13. A right-of-way permit must be obtained from ACRD far all street and. utility construction within the public right-of- way. Contact Construction Services at 345-7667 (with zoning file number? far details. 14. A request far modification, variance or waiver of any require- ment ar 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 ir_cluae a statement explaining why such a requirement would result in substantial hardship ar inequity. Should you have any questions ar comments, please contact the Development Services Division at 345-7662. STAFF SUBP'iITTING: DATE OF COMAiISSION AFPROVAL: Larry sale ~AN 12 '~q94 I-rom ri iora~ r~o. Jan. E15 1'J'J4 '7: SCAM f'D1 a ~6a~d ~~ ~~ ~'~~ Y~~~~~, ~ ~ ~~ ,~ - ~~ ~ ~~ ~ ~ ~~~ ~ ~ ~~~ < ~l. ~~ f1 ~~ r .. •'~~ +~ . ~' I I! I i ~, ~ *w rrui ~ - se e+at ~~ '~' ~ ~~l~i ~ ~ E I~~~;r s~ ~a~~jf~ ~ ~ ~~ ~~~~~~I~i I ~~I~R 111 II ` ~~ .®o.. ~ ~ i.essss ooh{oa III 1111 . ~ ..1'R'.~I~,~ ffC ~t~~~+m~u ,: --`l ., P Chi i ss ~~ ~ ~i~~ ~~ ~t~~sl.~ ~~~5~' ! E! e~~ E~ ~~ ' ~e~i ~t ~ ~~ g~ ~~ ~~~~ ~ ~~ 8~ °~ I~ri ~~ e~ ~° t dE ii °E ~~ ~ ~i i~ ~ c~~ .... ~ tlpj{ I ~~ e ~ O a ~ ~ ~ ~~ ,6 . ~ I ~~S;~J~ E ~~. ~~~ ` ...,~.m ~~ ~a ~~ g t~ ~ • ~-_ _... - - -. ... - _~~ ~ ~ ~ ... --'ter - .' o ... -,..J -... ._^ ~ oo'ea[ Mro.oem .a ddOa NYIOIiJ3Mt '8 ~ ~o~ o+c N~fi.RAfl L ~ t. _ II ~, ~ ... .. , ~~~ ~i ~ _^ .......~ -Iii C. _ .__ ~ ®- -~ . ~ ~ I i I i_... ,.. ~~ T~~~ \, >> ~~ SUB~VISION EVALUATION SHEET Proposed Development Name FAUCETT'S MEADOWS City I~E~i~~~i7 Date Reviewed 3/24/94 Preliminary Stage XXXXX Final MAR 3 1 1994 CITY (~F hIE}iI~IA1V Engineer/Developer Brig4s Engr /Meridian Meadows Partners The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee .per the requirements of the IDAHO STATE CODE. FA CETT'S MEADOWS SUBDIVISION ___ 1J ~ Date 3~?~~~1~ The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall appear on the plat as• "S. MERIDIAN ROAD" "E. CALDERWOOD STREET" "E. OVERLAND ROAD" "W. OVERLAND ROAD" The following new street names are aaaroved and shall aooear on the plat as• "S. FAUCETT WAY" "e LOMARDI STREET" "E/ SIEMSEN STREET" "CREEKSIDE" is a duolication and therefore cannot be used Please choose another name and have it approved by the street name committee. The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME .COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE,~NC,jY R R EN~ATIVES OR DESIGNEES Ada County Engineer Ada Planning Assoc. Meridian Fir District John Priester Terri Raynor Representative Date ~~~~~~Y Date ~~~ Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index NUMBERING OF LOTS AND BLOCKS ~~ /~ Z TR~SUBSISM_gTY.FRM t .' 1 ~~ ~~ a ~° ~` ~ ~ g ~i~~ ~ a ~ ~~ ~ ~ t ~ ~~ ty1 ~ ~ ~ ~ t ~ S _ _ 86'9tf 3J61.9~U0 N ~~ ~~. ~ ~~ ~~~ $~ ~' §~ ~R a~ Rg a ~d ~~ a3 ~~~ " ~ d+~~ ~ +''~ ~ >; j ~ gg ~ ~ s ~ a;.` ~~' n~g;~ ~ ~~~s~ ~~$~~ ~ ~ . a~ s. Q3 ~~ ~~ ~ - - I o ~-- ~ ~ O ~ A ~ •~ * ~ W ~ , I 1N O i p I Z W ~ ~ I °~ ~ h L7 t h N © W ~~w~~ 3 i~ I N= I $ o O~ ~~3~vt : " zo .r N n Z ~~~~~ ~~ W~ ~~ O t W~ I I J ,` 001u O_ ~ C W t ~ ~ ~ 7/' ~' I j ~ 1 ~ ~ ~ ~o ~ ~4 _ ~a ~) ~^ 1. ` ' S ~~\ ~- ~ ! ~ ~ - / '~ o ~, ~ ,~k OS ~ p~ ~ ~~ h~ MpO.SS~O 5 Z6'BISI rc E~ ~~~ ~I - ~~~ ~ 3~ ~ ~~~ ~ ~ ~ 33~~~~ ~ s ~~ ~# I I ~~~6~~~~L~~~B~~~~ ~~ffi~~ ~ ~~ IIIiI B~o••~ ~~Y4fCii.LaOO}}QQ I ~I (~~~~ ~_os_fsl ~os•+el - 00'BBC MpO,SS~ S Q~ ~~~ _ ~, 0$ / / .' s a 0 $3 . , ~ '15 / a w ~~ _ I ~..,. I O, __~ ~ a I ~; ~~ L ~ .' OS R 13 `s;~ W Oj .01 1, I ~~ ~ ~ ~~ ~ i e ~ ~, ~~ ., ~ O' exu O~ ~n ~_ O ~ W O~ o-~ o ~~ ~~ ~ ~ I .{ Q ~ A w _ ~c c t~ c ~ _ .01 C O ~~ O~ ~ . ---~-~, ~ ,. ~0~161 ~ S ~~ . zr ~m`do,ssm s • • ~~cE~~r~~ JAN 3 1 1994 SUBDIVISION EVALUATION SHEET CITE` ~= >~~%~~r~s Proposed Development Name FAWCETT'S MERIDIAN MEADOWS SUB City MERIDIAN Date Reviewed 01/27/94 Preliminary Stage ~ Final Engineer/Developer J. Reese Leavitt Engr. / Meridian Meadows Partners The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE. ~t u~ax. D -m~vrAN ~ s A ~ vPc,~cATcO~ a ~Nl') Cq,nJIJOT Pis USeQ 1l~0T l~~o~a/~c. ~~ Date I/Z7//~ The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE sunder direction of the Ada County Engineer) regarding this developmea~.t in accorda~~ce with thv Meridian City Street Name Ordinance. The followingz existing street names shall avvear on the vlat as: "S. MERIDIAN ROAD" "E. CALDERWOOD STREET" "E. OVERLAND ROAD" "W. OVERLAND ROAD" The followin¢ new street name is approved and shall appear on the plat as: "S. FAWCETT WAY" "E. LOMBARDI STREET" "E. SIEMSEN STREET" "S. 10 MILE CREEK TRAIL" cannot be used because "TEN MILE CREEK ROAD" already exists. Please choose another name and have it approved by the street name committee . The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must b~ secured by the representative or his designee in order for the street names to be officially approves ADA COUNTY STREET NAME COMMITTEE; Ada County Engineer John Priester Ada Planning Assoc Meridian Fire Dept Terri Raynor ~ DESIGNEES Date Date ~ ~~~ Representative Date NOTE: A copy of this evaluation sheet must be presented to the Ada Cotmty Engineer at the time of signing the "final plat", otherwise the plat mill not be signed !!!! Sub Index Street Index NUMBERING OF LOTS AND BLOCKS t i i~ a 1 O ~a Q ~ / / ~ ~ -~ ~.. ~ - I I ,~ 0~ 1 a I~ o ~ `I I ~I O~ A'1 I O ~ ~ n I 0 •a' W 8 O~ ~ a a o I H O D' It .i O ~ '~ _ ~ 1 r 4.~ Aj ~ ~ ~ X21 / ,. ~Or-8l S ~Y ~~ ~M`OO,SS.00 S y ~ -- ~a ~ 7 ZG - - ~ ~~ Q _~~ I ~ ~ IIIII ~ i - - - ~ l B~o•.~ 1Iyt4C,:C;.pOOI~AO I ~I J i l ~ l l l l l ~ -~ ~ ~ ~~~ I, t; 888 ~a g Y ey ~ 8R ytgSQ 8 33 a B8'98f 3,81.91D0 N y y ~ ~i w d i ~~ 9 ~ ~## Itl ~ ~ ~ 6Yt8t I ~ 81t-9ti ~~ i ~ ~ ~ ~~ ~ ~ a 1 ~~ ~ f~ _ ~ i pp ~ ~~ ~k~ ~~ KK•~ ~~ 5U ~e a~ eP ~ ~~ ~~ ~~ p!~ " w dal'" ~ ~, ~ ~ ~~ s e § 9 ~a ~ ~~ a~ 8a 3 ! ~ I O i e ~ O~ ~ 1 ~~~ ~~ ~~ a~ b~~ ~ ~ gags a~ ~ ~g~ ~ ~ I~r ~~. ~~ ~ ~ _' _~ ~~ ~~ ° ~ ~ ~a~ ~ - ~~~ i` ~ 2~ a~ 11 ~~ ~. ~~_ ~a w N I i i w i i ~ - ~ ~ i ~~ ~ -, ~ . > ;a~~~ .~ . ! , , ~, O` ,,~' Z ~~ W CCN1 w~ tl.,.. tS ..~_ ~ a N ~ ~ ~ Ow1 ~.1 ~ I` ~ O4 8~ ] 1 Ol N = ~ -Ml t1 0 0111 n Q 1p 'J ;~~ F O~ I W 1 I ~ O~ Oi -~j. ~ V O J I a ,1 W l W ~ ~ ~ ~8 VF NO ~ 01u ~ y W O ~; W ~ 0 ~ M O s 3 \~ p p ~ f 1 ~ I a m ~ S ~' I~ ~- u 3 ~ v t s '~ c ry n ~ (cy~~, m ~j~ ~ ~ Q ~ W OL 1 1 •) men ,` 00111 _ F" ~ ti ~ ~ ~ 1O . °a ~~ ~ ~ `a ~a ~ i r~ ~ - q' ~ Oa.• h rc ~ _~ 0 '~ ° ~ 3 ~ n ~ ~ W 1 ~~ '~~ i ~' N ~~ ~ O~ ~~si ~~ 1 [ - b/\ r1 i~~ .W ~~ \ 1 1j1 1J1 'JIO1500 -_._ " ~ ~~ _ ~ _ OS't8l - ~OS"16l M•OO.SSaO 5 - , 00'88[ M~DO.SSDO. S aHO2! NVI Z8'6lSl ~_ ¢ i, CENTRAL REVIEW SHEET •• DISTRICT Environmental Health Division Retulrn to: HEALTH ,~,~,~~$~,E~ ^ Boise DEPARTMENT ^ Eagle Rezone # SAN 2 7 1994 ^ Garden city C~~~ ~~ >~~j~~A ~ Meridian nal Use # ~ ^ Kuna relimina /Final /Short Plat /~/ER/yisr,/ G'9~,9~-a~,/,~ s'~/~,~~d/,.ti~~ ^ ACZ ^ I. We have Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type. of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ® 7. After written approval from appropriate entities are submitted, we can approve this proposal for: central sewage ^ community sewage system ^ community water well ^ interim sewage j8 central water ^ individual sewage ^ individual water © 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ~ central sewage ^ community sewage system ^ community water ^ sewage dry lines ®central water ® 9. Street Runoff is not to create a mosquito breeding problem. ^ 10. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ I I. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ® 13, ~C.i1Ni~+i191o,J 5)!^aj~ ~E '~1't1y~DED ~7'j,a~ ~~~on/STRA~S Date: ~ / a /~ -t-ff-rz F~ i~., ~,~,~-i~2 -r~I,L~ t~+~ 11 Nor B F ~'oN~iN~r> Reviewed By: S~'i7lL~1W1Y7r~2 ~/~rPOS~ qL ~/STEi~I. CDND 10/91 rcD, rev. I I/93 jll . HUB OF TREASURE VALLEY ~~i~EI~ OFFICIALS COUNCIL MEMBERS A Good Place to Live ~ ~ 1 ~(~~1t RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk CITY OF MERIDI 1 MAX YERRINGTON JANICE L. GASS, City Treasurer ROBERT D. CORRIE GARY D. SMITH, P.E. Clty Engineer O~ ~~~~~~~,~WAL7 W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, waste Water supt. 33 EAST IDAHO WAYNE S. FORREY, AICP KENNYW.BOWERS,FireChief MERIDIAN, IDAHO83642 PlannerazoningAdministrator W.L."BILL"GORDON,Police Chief ~~^~Q~~® JIM JOHNSON WAYNE G. GROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887813 f`( J" Chairman • Planning & Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD ~ ~ . ~ ~ N 1994 Mayor NAMPA & MERIDIgA~N IRRIGATI~~j- P~~JECTS TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOP WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, may we have yotzr answer by: TRANSMITTAL DATE : ~ "' ~ ~ " REQUEST: BY: 2 ~ 199' ~ HEARING DATE • 2 ~ b 9 ~ C.. t7.l.l.t r~~ /11 `~Ytn nn J1...~.e v LOCATION OF PROPERTY OR PROJECT : ~ r ~s~t ~ ~~„~. ~~ S,I Can-L,1 JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C .: .._ WATT IurnPltnr~T o C/C MAX YERRINGTON,C/C TAATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT IDAHO POWER CO.(PRELIM & FINAL PLAT) u . S . iryEST ( PRELIM! & FINAL PLAT ) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUR OF :.ECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: MERIDDAN SCHOOL DISTRICT MERIDIAN POST OFF.(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH 'NAMPA MERIDIAN IRR. DISTRICT SETTLERS IRRIGATION DISTRICT FIRE DEPARTMENT YOUR CONCISE REMARKS: The Tenmile Drain courses POLICE DEPARTMENT .along the east boundary of this proposed proiect. CITY ATTORNEY This is a Nampa & Meridian Irrigation District contract CITY ENGINEER drain. Any work on the proposed green belt must be CITY PLANNER improved by Nampa & Meridian Irrigation District. The annrnyal of such proiect must be done under a License Agreement This agreement will meet Namna & Meridian Irrigation District requirements only. Contact John Caywood at the Bureau of Reclamation at 214 Broadwa in Boise or phone 334-1463 for his agency s requirements Bill Henson, Foreman .Nampa & Meridian Irrigation District ~~~~~~ GLENN J. RHODES, President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary February 2 , 1994 T0: RONALD L. HENRY 214 S. COLE ROAD BOISE ID 83709 FROM: Larry Sale, Su e vi ~ ;- Development S i SUBJECT: MERIDIAN MEADOWS SUBDIVISION - PRELIMINARY PLAT On February 2, 1994, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the Preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are required: Prior to any construction within the existing or proposed public right-of- way, the following shall be submitted and subject to review and approval by the District: a. Three complete sets of detailed street construction drawings prepared by an Idaho Registered Professional Engineer, together with payment of plan review fee. b. Execute an Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. c. Complete all street improvements to the satisfaction of the District, or execute Surety Agreement between the Developer and the District to guarantee the completion of construction of all street improvements. ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 • February 2, 1994 Page 2 3. Furnish copy of Final Plat showing street names as approved by the Local Government Agency having such authority together with payment of fee charged for the manufacturing and installation of all street signs, as required. 4. If Public Rights-of-Way Trust Fund deposit is required, make deposit to the District in the form of cash or cashier's check for the amount specified by the District. 5. Furnish easements, agreements, and all other datum or documents as required by the District. 6. Furnish Final Plat drawings for District acceptance, certifications, and endorsement. The final plat must contain the signed endorsement of the Owner's and Land Surveyor's certification. 7. Approval of the plat is valid for one year. An extension of one year will be considered by the Commission if requested within 15-days prior to the expiration date. Please contact me at 345-7680, should you have any questions. LS cc: Development Services Chron J. REESE LEAVITT MERIDIAN CITY HALL • G~fiVG JAMES E. BRUCE, President GLENN J. RHODES, Vice President SHERRY R. HUBER, Secretary T0: ACHD Couunission ~'~:~~~~ INTER-DEPARTMENT CORRESPONDENCE DATE: I~'ROM: Development Services P•gERME?~OL~',' DSTECH 2-2-94 January 28, 1994 aUBJECT: PRELIMINARY PLAT - MERIDIAN MEADOWS SUBDIVISION Revised (Developer- Ronald L. Henry, 214 S. Cole Rd., Boise. ID 83709) (Engineer/Surveyor ~- J. Reese Leavitt, P.O. Box 232, Melba, ID 83641) FACTS & FINDINGS• 1. Meridian Meadows is a 39-lot single family residential subdivi- sion on 14.6 acres of property located on the southeast corner of State Highway b9 (Kuna-Meridian Road) and Calderwaod Street. The District reviewed this project on January 12, 1994 as a 27-lot project anal 14.6 acres have been added to the southern side of the site.. The revised layout provides a continuation of the original layout. 2. GENERAL. INFORMATION: ACRES - 14.b LOTS - 39 Residential VEHICLE TRIPS PER DAY FEET OF NEW PUBLIC STREETS - 2,550-.feet - 390 TRAFFIC ANALYSIS ZONE - 293 L.F. OF FRONTAGE ON State Highway 69 - 389-feet MOST RECENT TRAFFIC COUNTS - None Available FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Minor Arterial ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Route EXISTING RIGHT-OF•-WAY - 120-feet REQUIRED RIGHT-OF-WAY - Comply with ITD requirements. L.F. OF FRONTAGE ON Calderwood Street - 735-feet MOST RECENT TRAFFIC COUNTS - Not constructed yet FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Collector ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - No pathway shown ado county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 PRELIMINARY PLAT - ~IDIAN MEADOWS St3BDIVISIO~ ,Tanuary 28, 1994 ~~age 2 EXISTING RIGHT-OF-~vAY -• ra0-feet REQUIF.ED RIGHT-~JF--WAY - 60-feet ( 30-feet from r_enterline) IMPACT FEE BENEFIT ZONE. - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities 3. State Highway 69 (Kona-Meridian Road) is under the jur.isdic- t.ian of Idr3ho Transportation Department (ITDl• The developer i.s r.eguired to submit application materials to ITD for review and requirements of that Department. 4. Calderwood Street is currently under construction (28-foot paved roadway) as a requirement far the platting of Running Brook Estates. Staff recommends full curb, sidewalk and pave- ment widening improvements abutting parcel as a continuation of the existing improvements be constructed to a collector standard. The additional right-of-way requirement of 10-feet (from 50-feet of right-of-way to 60-feet) will be imposed. nn the property to the north when it develops. 5. This application is scheduled for public hearing by the Meridi- an Planning & Zoning Commission on February 8, 1994. SITE SPECIFIC REQUIREMENTS: 1. Construct curb, gutter, 5-foot. sidewalk Calderwood Street abutting parcel. constructed to a 41-foot back-to-back owner will be compensated for the cu (excluding the sidewalk) from available this benefit zone. and. match paving on Improvements shall be street section. The rb and pavement widening impact fee revenues in 2. Direct lat. or parcel access to Calderwood Street is prohibit- ed, in compliance with District policy. Lot access restric- tions shall be stated on the final plat. 3. Comply with requirements of ITD for State Highway 69 front- age. Submit to the District a letter from ITD regarding said requirements.. PRELIMINARY PLAT -~RIDIAN MEADO~r~S SUBDIVISIC~ ~. ~ January 28, 1994 Fade 3 STANDARD REQUIREMENTS: 1. Street and drainage improvements required. in the public right.- of-way shall. be designed and canstructed in confarmance with District standards and policies. 2. Dedicated streets and drainage systems shall be designed and. constructed in conformance with District standards and poli- cies. 3. Specifications, land surveys, reports, plats., drawings, plans, design information. and calculations presented. to 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 irriga- tion/drainage districts authorizing storm runoff into their system. 5. "Locate abstractions (utility facilities, irrigation and drain- age appurtenances, etc.) outside of the proposed street im- provements. Authorization for relocations shall be obtained from the appropriate entity. 6. Continue existing irrigation. and drainage systems across par- cel. 7. Submit three sets of street construction plans to the District .f.or 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 the City of Meridian and shall retain all storm water on-site. Public street drainage facilities shall be located in the public right.-of.-way or in a drainage easement set aside specif- ically for that use. There shall. be no trees, fences,. bushes, sheds, or other valuable amenities placed in said. easement. Drainage easements and their use restrictions shall be noted on the plat. 9. Provide design data for proposed access to public streets for review and appropriate. action by ACRD. 10. Locate driveway curb cuts a minimum of 5-feet from the side lot property lines when the driveways are not being shared with the adjacent property. ~'RELIMINARY PLAT -- ~RIDIAN P~lEADOWS SUBDIVISIC~ ~7anuary 2~3, 1994 i age 4 li. Developer shall provide the District with a ropy of. the. record- ~d plat prior to the installation of street name signs. Street signs will not be ordered until all fees have been paid and a copy of the recorded plat has been provided t.o ACHD staff. The copy of the recorded plat shall show the recording information as ii2scribed by the Deputy County Recorder. 12. Install a stop sign an every unsignalized approach of a project street to an intersection involving a collector or arterial as the cross-street.. The stop sign. shall be in- stalled when the project street is first accessible to the motoring public. 13 , A .r. fight-of-way permit must be obtained from ACRD for a-11 street and utility construction within the public right-of- way. Contact Construction Services at 345-7667 (with zoning file number) for details. 14. A request for modification, variance or waiver of any require- ment or policy outlined herein shall be made, in writing, to the P~anager of Engineering Services within 15 calendar days of the original Commission action. The request shall. include a statement explaining why such a requirement would result in substantial hardship or inequity. Should. you have any questions or comments,. please contact the Development Services Division at 345-7662. STAFF SUBMITTING:. DATE OF COMMISSION APPROVAL: FED 0 2 X994 ?~a7-ry Sale I i I ®. -~i-... -\~ .. . I' ~, N~~~ mr . • - -,~ ~~ ~ ~~, gS ~~ S~`s 7 r 'g row care n >tooe knd c "al k1Y1 - 5L[flktl MrgNL31l 3Nk / p 9 s~ ~~~ SSStffw~ ~ a C~< a 96"9B£ 3.6 L.96D0 N ~~ ~ ~ S ~~~ ~3 `~ ~q~ ~~ ,~ q@ y~ g 64661 ~ `° 6b'b&t/ / cT ~~ - w~n1 ~~ 8 ~ ~ 8 S 7gg 4 ~ ~t 9$ si~ ~5 ~ n // d'J // 3 4 0,~,'~~ n R O ~(S~ ~ ^i a~'~ ~~ ~~ ~~ e~ ~ ~~ 5l ~~ $~~ a$$ I ~ ~%~~j'b~ /.l0' ~ T v c.1Lw nro I ~~~ ~B ~} ~~ ~~ a~ ~d~ ~~ a ag~E is £a ~ 93 4`b~ p ,~ ~~ 4 O^_$ >' a ° ~ 1 Ear ~ ~ ~gg~ _>:~ ~/~ ~~ ~p~ ~~'/A~'~N~~ 9~ e• ~ sl-+ ~r ~~ ~~ ~ ~~ ~ga~ ~~ °~ ~~ ~~i ; ~~ ~a a~~ I ~:~1~~` J~~B. 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M3N , ~_ .5 ~~ .ll _ _ ~ _ - _ OS_66l ~ OS 46l OS'b6l _ MAO.SSAO 5 - 00'68£ MAO.SS'D45 QbQ2{ rJt/I 3W~\, o I ~ Z6'6LSt Zb~ ~---- ~-~-y ~ b`t70S-~__ ° -- s o` m s ~ Q ,~' ~ 1 ~ ~I - -s ~o ~° --/ ~ w _ -- ~ of -- ~ a'~"~ ~'~~ggi~~~ ~ ~~ ~ ~ ly 0.~11M.O1011 ~ al ~~~~~~~~~~~ffi~i~~~ ~~~~~ ~~ ~ ~ ~ i . ~ ~ II~~~ ADO.. i I't•csV LL}y®Q+}~O II _~ I I ~ I I I I I ~ ~ ~~ • ~--~- CONSTRUCTION, Inc. February 22, 1994 Will Berg City Clerk City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 pear Mr. Berg: Ronald L. Henry Business Manager 150 South Cole Rd. Boise, ID 83709 208-376-7238 Fax (208) 376-4231 RECEIVED F E ~ 2 2 194 CITY OF MERIDIAN In .7anuary I submitted applications for Preliminary Plat Approval and Annexation/Rezoning for a new subdivision named Fawcett's Meadows. The Preliminary Plat Map has a 1.25 acre parcel located on the east side of 10 Mile Creek which is isolated from the rest of the subdivision_ In my discussions with Wayne Forney prior to the Planning & Zoning Committee public meeting, I offered to donate the parcel to the City if the City would improve and maintain it so that it could be used by the public as part of the 10 Mile Greenbelt. The feedback I have received since my offer is that the parcel is too small to be designated for a City park and it is very isolated from any access from other subdivisions. It doesn't appear that the parcel is of any use to the City. Twa weeks ago Steve Anderson, who is developing Running Brook Subdivision, asked me if I would be interested in letting him acquire the parcel so that it could be added to his subdivision. I told him of my offer to the City and also told him that I didn't think the City was interested in the parcel. It appears that this may be the best solution to the problem. Steve said that he would add a portion of the land to each of the three parcels that are adjacent to the 1,25 acre parcel. This would insure that the parcel would be maintained as an integral part of the Greenbelt. Therefore, I request consideration so that the Running Brook Subdivision. further, please call me at Y ur truly, ~~, Ronald I~. Henry that my offer be withdrawn from subject parcel can be added to the If you would like to discuss this 376-7238. ~ ~ U7 -~ lU '_' U~ `_ o.l ~~ ~ / C / -T------ -~-- - -- ~ . ~ cfl \T l~ ~' ~ ~ \~ ~N ~ __~ _. ~_ \ `~ ~ \ 9 I ~ , ~ ~ m ~ ~ CJ ~~\~ ~ ~ v ,~ ~, ,, ~ o ~ -, ~ ~ ~- o ~- '~ ~ Sri ~ ~ ~ ~ /~ ~ ~ ~ i c..~ ~ ~ tea. ,~" ~ ~ - ~.~ ~, - - - i ,~ - , ~~ ~ ~ ~ , ~ r~ 4` ~~~ ~ ~ ~' ~~~ ~.~~ / ~ ~ ,~ ~) ~ ~ ~. ~. . i ~i ~~ ~ ~, ' ~0 ~, ~ ~ ;, ~/ ~ ~ ~) ~ Z ~ 0 *~ _ N ~ ~ Jl 7 ~ ! ~ Q m ~ v d ~ ~ ~ ~~ ~ ~ w Meridian City Council April 5, 1994 Page 46 • Kingsford: (Inaudible) to enforce that whole thing as we get that letter. ITE[41:~~i:>~°t 1~s;, ~--t1(~~T,tpN A~Ia ~~ON~+JG WITH A PRELIMINARY' PLAt 1~1~R FAW~E'1~T''S MEADOWS SY RONALD HENRY: Kingsford: At this time I will open the public hearing and invite the applicant or his designee to speak first. Ron Henry, 6301 Charleston Place, Boise, was sworn by the Attorney. Henry: This is a proposal a request of annexation and zoning of some property 15 acres approximately south of East Calderwood and East of Meridian road. The proposal is for a subdivision of 39 lots. I guess to cut it real short so we can all go home, the only thing that I am questioning is a comment by Wayne Forrey in his letter about constructing a pedestrian bridge to access Lot 8 -Block 1 which is a triangle parcel. It is on the east side of Ten Mile Creek, that parcel is pretty much landlocked and very difficult to get to. I submitted a letter to the city which is included in the second to the last page of the packet. In the letter it really, my initial statement was to offer the parcel to the City as a mini park, but it appeared that since it is so landlocked, the next page is kind of an excerpt of 3 subdivision and where the parcel sits. It is really landlocked and it really can't be used or have good access for a City park so what I have done is contacted Steve Anderson who is a developer of Running Brook and had some discussions with him to see if we could integrate that parcel in with his subdivision. Kingsford: Mr. Smith, Terry, before you get out of here the name of that subdivision that you wanted to know is Running Brook, now you can go home. Sorry to interrupt. Henry: We have had some discussions on how we are going to integrate it and I think the main point of this is the fact that in the condition of approval it states that we have to put a pedestrian bridge, a 20 foot right of way or access between parcels 2 and 3. And I really don't think that is really a feasible approach or solution to the problem. Other than what is stated in there that is my only concern. I have had some discussions with Mr. Forrey about, I know he is here. He might give a word or 2 about our discussions. Kingsford: Any questions for Mr. Henry? Yerrington: What size is this parcel of land Mr. Henry? Meridian City Council April 5, 1994 Page 47 Henry: It is approximately 1 and 1 /4 acre. Yerrington: What is the dimensions do you know? Henry: It is 300 on the north side, 400 on the east side and 500 along the creek. Yerrington: Thank you. Morrow: Have you reviewed Mr. Smith's comments? His 15 or 14 points in the follow up point #16 with respect from Bruce Freckleton concerning domestic water and sewer on Lots 2 and 5 on Block 5? Henry: Yes Morrow: And you are in agreement? Henry: Yes, there is no problem, I have no problems with any of the requirements except the one that I just mentioned. Kingsford: Mr. Henry did you see Mr. Gary Smith's possible proposal map here? Henry: I did, well, I talked to the Fuller's whether they would be interested in any of this parcel and they basically said no. And, also t talked to Steve Anderson and 1 think we have a couple ideas on it that could be used very well. Also we have one idea to the fact that we could possibly use this, set this up as one large parcel with acquiring one of the parcels as an access to the lot. And that was an idea, but I think we hadn't really come to firm decision on how to do it yet. Kingsford: Of course a major concern that we would have is that access to the drain and the proposed bike path. Henry: As far as the proposed bike path on both sides of the creek I am completely in agreement with it. We will provide whatever the City would like to have in there. I have no problem with that. Kingsford: Thank you very much, is there anyone else from the public that would like to offer testimony on this issue? Seeing none I will close the public hearing. Counselor. Morrow: Mr. Forrey, your comments concerning this please. • Meridian City Council April 5, 1994 Page 48 Forrey: Mr. Mayor, members of the Council, and Councilman Morrow, when I reviewed this project and I saw that triangular remanent the first thought through my mind because it is next to the creek was there is a mini park that the City could work with the developer on. And the developer was gracious enough to consider that and at the Planning and Zoning Commission offered that, that if the City was willing to take that over for ownership and maintenance that might work. Since then though, I think he has realized the City may not want something that small. And it is a little more landlocked than I originally thought. So, the major thing I was looking at when I commented on that as Planning Director was that some component of recreation be integrated into that subdivision. As long as a bike path is there I think we have accomplished that goal. So, the mini park idea is not feasible as long as we have that bike path I think we are in good shape. Kingsford: Your request Mr. Henry for preliminary plat, I guess we don't have a clear preliminary plat. You are basically asking for annexation and zoning are you not. Henry: No, I'm sorry we have submitted a preliminary plat along with this, there are 3 or 4 copies of it throughout this packet. Kingsford: I misunderstood your comments to say you had some ideas. Henry: A little confusing, there is one plat in here that shows only the first 10 acres and then during the discussions with the Planning and Zoning we had the opportunity to acquire another parcel which added some lots. So, we revised the preliminary plat which you see. That is a big version of it right there. Kingsford: I guess Mr. Henry we are looking at a couple different things here, this Fawcett's Meadows, would you explain to me how you plan to access that lot? Henry: If you look at the last map in the packet it shows the adjacent parcels in Running Brook, one idea, well there are several ideas that I have. One is to extend each of those parcels and we will basically divide up that parcel and add to parcels 1, 2 and 3, that is one idea. The other is for us to acquire parcel 3- Block 2 and use that as an access to the parcel and leave Parcel 8 as a large parcel and just basically develop that into. Kingsford: So that parcel Lot 3 would not be a building lot? but Lot 8 that you are proposing here would be? Henry: Right, Lot 3 is really a substandard lot anyway. So, what we thought is we could use that as the access lot and build a very nice project and just have one lot • Meridian City Council April 5, 1994 Page 49 rather than to try to divide it up. It is a very similar lot in Meridian Greens probably just south of Ten Mile Creek on the other side of the Creek there is a large triangular piece about an acre. Somewhat the samesituation is kind of an odd parcel was sold off as a very large parcel. Kingsford: I guess an issue is we are approving a plat that has no access, am I right? Henry: That lot does not have any access that is right. Kingsford: That lot is the plat. Henry: That is right. Morrow: I think my question is of the Counselor, how to deal with the plat with a lot that has no access if that is what the issue is here. I think he has indicated that we can move the strike the findings and facts in terms of that parcel going to the City and that solves that part of the problem but I guess the bigger issue is how do you get the. Crookston: Well, you can certainly annex and zone, the concern is in the platting. Kingsford: Well, we are asked to deal with the preliminary plat, so that is something that we deal with jointly. Crookston: You don't have to deal with it jointly, but you can. Morrow: Well, how are we going to deal with it jointly if we don't have any idea of what is going to happen with the parcel. We have 2 or 3 choices here with respect to the parcel and that is not very definitive in terms of what we are buying so to speak. I don't have a problem with doing the annexation but I have a bit of a problem doing the preliminary plat without that issue resolved. Kingsford: I agree, if that is your pleasure then let's look at the findings approval and annexation and zoning and table the preliminary plat. Morrow: So moved Tolsma: Second Kingsford: Discussion ~ ~ • Meridian City Council April 5, 1994 Page 50 Crookston: Better adopt the findings Kigsofrd: I think that Walt ran a blanket thing here and I think I will clarify that. Its been moved and seconded to approve the findings of fact and conclusions of law as prepared, roll call vote. Morrow: Clarification, I think the motion should exempt the references in the findings of fact to that parcel going to the City. Tolsma: Second approval to that ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All yea Kingsford: Entertain a motion then to have the City Attorney to draw up an ordinance annexing and zoning the aforementioned property. Yerrington: So moved Tolsma: Second Kingsford: Moved by Max, second by Ron to have the City Attorney draw up the ordinance annexing and zoning this property, all those in favor? Opposed? MOTION CARRIED: All yea Kingsford: is there a motion to table the preliminary plat until there is a remedy for Lot 8? Morrow: So moved Tolsma: Second Kingsford: Moved by Walt, second by Ron to table the preliminary plat until the issue with regard to landlocked Lot 8 be resolved, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Any questions on that Mr. Henry? Meridian City Council April 5, 1994 Page 51 • ,~ Henry: Can I come back to you next meeting with the solution? Kingsford: Yes, we have to table it until next meeting which is April 19th. We will want to see and hopefully you will have that to us the Thursday prior so the Council will have an opportunity to review it. Henry: If I acquire a lot option agreement on that particular parcel with that satisfy the Council? Kingsford: I would say it probably would for me. Again we enra~. you to have that in the Thursday prior so the Council has that in their packet to review. ITEM #16: WATER/ SEWER/ TRASH/ DELINQUENCIES: Kingsford: This is to inform you in writing that if you choose to you have the right to a predetermination hearing at 7:30 P.M. April 5, 1994 before the Mayor and City Council to appear in person and be judged on the facts and defend the claim made by the City that your City sewer/ water/ trash bill is delinquent, you may retain counsel. Your service will be discontinued on the 13th of April 1994 unless your payment is received in full. Is there anyone from the public that would like to contest their sewer/ water/ trash bill delinquency? Seeing none I will entertain a motion to approve the turn off list. Tolsma: So moved Morrow: Second Kingsford: Moved by Ron, second by Walt to approve the turn off list, all those in favor? Opposed? MOTION CARRIED: All yea Kingsford: You are hereby informed that you may appeal or have decision of the City reviewed by the Fourth Judicial Court pursuant to Idaho Code. Even though they appeal their water will be shut off. The amount of the turn off list this month is 59,031.00. ITEM #17: APPROVE BILLS: Tolsma: So moved Meridian City Council August 2, 1994 Page 21 Corrie: Second Kingsford: Moved by Walt, second by Bob to approve of the preliminary plat for Chamberlain Estates No. 2 subject to atl of staff requirements, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #15: PRELIMINARY PLAT FOR FAWCETTS MEADOWS N0.2 (TABLED AT JULY 19, 1994 MEETING): Kingsford: I assume that was also on the basis of an ordinance not being passed. Morrow: And did not Jim make that same presentation and he verbally answered staff conditions? Kingsford: No, this was Ron Henry. Does staff have any problems with those, they meet the same request. Tolsma: Mr. Mayor, I move we approve the preliminary plat for Fawcett Meadows No. 2 subject to the staffs approval. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve Fawcett Meadows subdivision No 2 conditional and staff approval, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #16: PUBLIC HEARING CONTINUED FROM JULY 19, 1994 MEETING: REQUEST FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR HAVEN COVE NO. 5 SUBDIVISION BY INTERWEST DEVELOPMENT AND DAVID COLLINS: Kingsford: Counselor, for edification not being at that meeting, did we meet the notice requirements and so forth to continue a public hearing, was that accomplished, how does this work? Crookston: We can continue that at the hearing without further noticing. Kingsford: So we are on board? D 0 BEFORE T8E MERIDIAN PLANNING AND ZONING COMMISSION RONALD L. BENRY ANNEXATION AND ZONING A PORTION OF T8E N.W. 1/4 OF SECTION 19, T.3 E., R.1 W., B.M. MERIDIAN MEADOWS NO. 2 SUBDIVISION MERIDIAN, IDA8O FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on May 31, 1994, at the hour of 7:30 o'clock p.m. at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Council having heard and taken oral and written testimony and the Applicant appearing in person, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for May 31, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the May 31, 1994, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That the property included in the application for FINDINGS OF FACT AND CONCLUSIONS OF LAW/FAWCETT N0. 2 Page 1 annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately 4.7 acres in size. 3. That the property is presently zoned by the county as R-T (Rural Transition); that the Applicant requests that the property be zoned R-4 and stated that the use proposed would be for proper residential as dictated by the zone and submitted a proposed preliminary plat. 4. The general area surrounding the property is used agriculturally and residentially; that some of the property to the north is platted for residential and some property to the north is unplatted and vacant ground; that there is R-4 residential property to the west across the Meridian/Runa Highway; the property to the south is platted in larger acreage parcels; the property to the east is vacant ground and farther to the east is R-4 residential ground but is developed at about R-3 but developed platted. 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 owners of record, Harlow R. Minegar, Leonard D. Reed and Sherri L. Norman, have requested this annexation and zoning and the application is not at the request of the City of Meridian. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. S. That the parcel of ground requested to be annexed is presently included within the Meridian Urban Service Planning Area FINDINGS OF FACT AND CONCLUSIONS OF LAW/FAWCETT NO. 2 Page 2 • • (U.S.P.A.) as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan; that the property is included within an area designated in the Meridian Comprehensive Plan as a Single Family Residential area. 9. There were no property owners, or anyone else, appearing at the hearing to object to the application. 10. That the Applicant indicated that the intended development of the property is, as stated above, for single family dwellings; in the subdivision application it is represented that the lots zoned R-4 would have a minimum of 8,000 square feet per and that the houses would have a minimum square footage of 1,600 square feet. 11. The Applicant stated at the hearings that there would be 10 lots for single family dwellings, the subdivision application states there would be density of 2.13 lots per acre; he also stated that he needs a variance on set backs for lots 9 and 10, Block 4 that lot 8 Block 1, and that he would install a pressurized irrigation system and that all ditches would be discontinued in use and that he would do covenants and restriction. 12. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Areas, Section 6.3, it does state that land in agricultural activity should so remain in agricultural activity until urban services can be provided. 13. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision FINDINGS OF FACT AND CONCLUSIONS OF LAW/FAWCETT N0. 2 Page 3 • lots. • 14. That the property can be physically serviced with City water and sewer. 15. Meridian Police Department, Meridian Fire Department, Meridian School District, Meridian City Engineer, Ada County Highway District, Ada Street Name Committee, Central District Health Department, Nampa Meridian Irrigation District, and the Meridian Planning Director submitted comments and such are incorporated herein as if set forth in full. 16. The City Engineer, Gary Smith, commented that the annexation description needs to be prepared from the warranty deed description so that the adjacent State Highway 69 right of way is not excluded, that covenants need to be submitted, that the highest seasonal groundwater level needs to be established, that the sewer service for Lot 10 may need to cross Lot 9, and that access for lots 9 and 10, Block 4 needs to be taken care of. 17. The Planning Director, Shari Stiles, commented, among other comments, that restrictive covenants need to be submitted; that license agreements with Nampa & Meridian Irrigation District need to be submitted, and that a development agreement is required as a condition of annexation. 18. That the R-4, Residential District is described in the Zoning Ordinance, 11-2-408 B. 3 as follows: (R-4) LOW DENSITY RESIDENTIAL DISTRICT: The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan or the City, and to protect the integrity of residential FINDINGS OF FACT AND CONCLUSIONS OF LAW/FAWCETT NO. 2 Page 4 areas by profiting the intrusion of , innpatible non- residential uses. The (R-4) District allows for a maximum of four ( 4 ) dwellings units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian."; 19. That the Meridian Comprehensive Plan, under Land Use, Residential Policies, 2.1U states as follows: "Support a variety of residential categories (urban, rural, single-family, multi-family, townhouses, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." 20. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.3 c., it states as follows: "Within the Urban Service Planning Area development may occur in densities as low as 3 dwellings per acre if physical connection is made to existing City of Meridian water and sewer service and the property is platted and subdivided . .' 21. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.4, it states as follows: "Residential. development is allowed in the rural area provided that said development does not exceed the Rural Residential Agricultural density, unless it is inside the Urban Service Planning Area and City sewer and water is provided, then Low, Medium and High .density residential may be considered. All residential development must also comply with the other appropriate sections of this plan." 22. That the Meridian Comprehensive Plan, under Housing, Housing Policies, at page 66, it states as follows: "1.1 The City of Meridian intends to provide for a wide diversity of housing types (single-family, modular, mobile homes, multi-family, townhouses, apartments, condominiums." "1.3 An open housing market for all persons, regardless of race, sex, age, religion or ethnic background." "1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged." FINDINGS OF FACT AND CONCLUSIONS OF LAW/FAWCETT NO. 2 Page 5 • 23. That there is a population influx into the City of Meridian at the present time which has been going on for some time and is likely to continue; that the land is relatively close to Meridian and economic conditions are making it difficult to continue farming in the area. 24. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each. such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students. 25. That pursuant to the instruction, guidance, and direction FINDINGS OF FACT AND CONCLUSIONS OF LAW/FAWCETT N0. 2 Page 6 • • 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. 26. 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." 27. 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." 28. 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;" 29. 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- ~.mproved 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW/FAWCETT NO. 2 Page 7 • • of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 30. That Section 11-9-605 L states as follows: Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicycle-Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 31. That the Applicant submitted an application for preliminary plat along with the application for annexation and zoning which application included a preliminary plat. 32. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land FINDINGS OF FACT AND CONCLUSIONS OF LAW/FAWCETT N0. 2 Page 8 • • 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 under Idaho Code, Section 50- 222, 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, with the consent of the owners of the property, and 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 comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and FINDINGS OF FACT AND CONCLUSIONS OF LAW/FAWCETT NO. 2 Page 9 requirements, and Section 11-9-605 M., which pertains to the tiling of ditches and waterways, and Section 11-9-606 B 14, which pertains to pressurized irrigation; that the Applicant will be required to connect to Meridian water and sewer; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, R, L and prior comments of the previous Planning Director, Wayne Forrey, relating to the lack of adequate recreation facilities and that land set aside for a future park would be desirable, that the City is in need of land set- asides for future public service use, that a school site was not reserved; that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any development fee or transfer fee adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de-annexation and loss of City services, if the requirements of this paragraph are not met. 10. That the Applicant's property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. 11. That the requirements of the Meridian City Engineer, FINDINGS OF FACT AND CONCLUSIONS OF LAW/FAWCETT NO. 2 Page 10 • including those he specifically stated in his comments and those stated herein in these Findings and Conclusions, and of the Ada County Highway District, Nampa & Meridian Irrigation District, Bureau of Reclamation, and the comments Meridian Planning Director shall be met and shall be addressed'in a development Agreement. 12. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de-annexation. 13. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance. 15. That the house size representation of 1,600 square feet must be met and those representations of the Applicant made at the public hearing. 16. That proper and adequate access to the property is available and will have to be maintained. 17. That these conditions shall run with the land and bind the applicant and its assigns. 18. With compliance of the conditions contained herein, the annexation and zoning of R-4 Residential would be in the best interest of the City of Meridian. 19. That if these conditions of approval are _ue~ met the not property shall be subject to de-annexation. FINDINGS OF FACT AND CONCLUSIONS OF LAW/FAWCETT NO. 2 Page 11 • 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 VOTE 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 as stated above for the property described in the application with the conditions set forth in these Findings of Fact and Conclusions of Law and that if the conditions are not met that the property be de-annexed. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW/FAWCETT NO. 2 Page 12 ,•om ~ rllOhaC h~o. ..,~ Q ~ja ~~ !~ T N a > ,_~rr ~w~_ ~W {. W ~~~ ~ ~~ < n e : , ~~~ i ~~, f ... `til= ~ ~ ~ ~~ ! tt~~~~ltii I Erlg~ ~~~4 ~ ~O..i 1 I~~ri~fi DOi{~ III lifl ~. ~ r~ .~ ~ ~h ~ ~ ~1;~ ~o i ~ t~ ~~ ~jl~ i~ ~ 1 i~ 9~ ~c ~di ~~ 4 ~ ,EE sk ~• •,...~ '~ '~ ~ 1= ^• e ^ C `` W •~~. `~ ~ U 1 I ~ ~ ~ ~ ~~ ~~ ~ 1 ~ ~! t~ ~ ~s ~~R g ~~~ [ . L...~~~ ~~ ~!! ~ g Ia i . ~=::~j i iil ~` t~~ s~ i~ t~ ~~~ !d ~~~ ~~ E~ °~~ :d~ ~._ _.. . o;_ ~ • ~~ ... .4`, - _ ~.r--... •......_ ~ •..._:.:....... a -.._ _._ ~ . . _... oo'eo[ ,em.xaa,o ` QWM M%IOitJ~w '8 'oro+c+~ - • -_ .. nao.oom s ~ It ~ fI .~ ~ , aril ~ sl ~ ed~ p+ i ( ~~ i~ _ . ~. ~..~ . I ~ 1 ' •~ r IIi _ ; .~._ _ ~ ' ~ i ~~ `I I` ~ Jan. ©5 1'7'74 ~: JJAM I''DS ee~e.r ... ~~.'.. RECEIVED 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 MAY - 4 ~3g4 CITY OF NiEI~IUTAN Phones: Area Code 208 J. Reese Leavitt J. Reese Leavitt P.O. Box 232 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345.2431 Engineering Melba, Idaho 83641 Re: Fawcett's Meridian Meadows Subdivision Dear Reese: We have received and reviewed the plans for Fawcett's Meridian Meadows Subdivision. The only plan that the District received was the preliminary plat which did not provide adequate detail of the street and storm run-off water. The preliminary plan does show that the storm water is to be retained in an absorption bed within the Tenmile Drain's right-of-way. The Tenmile Drain's right-of-way is 100 feet: 50 feet from the center each way. Any construction within this right-of-way must be done under a License Agreement. Some of the lots are on the easement of the Tenmile Drain. Nampa & Meridian Irrigation District must maintain an eighteen foot road way along the west side of the Tenmile Drain. All sidewalks must have a curb cuts at the entry to the maintenance roads. If you will furnish the District with a complete set of plats and drainage calculations, we can finish our review. If I can be of further help, please feel free to contact me. Sincerely, Bill Henson, Foreman Nampa & Meridian Irrigation District pc: Each Director Secretary of the Board Dis~:rict Water Superintendent ~E'~ty of Meridian Rider 4 File APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 29 April 1994 St RE~]EIV~D G G riVC GLENN J. RHODES, President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary T0: RONALD L. HENRY 214 S. COLE ROAD BOISE ID 83709 FROM: Larry Sale, Su a vi ;- Development S i FEB - 8 1994 CITY ®F P~:FRr~i~-IV February 2, 1994 SUBJECT: MERIDIAN MEADOWS SUBDIVISION - PRELIMINARY PLAT On February 2, 1994, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the Preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are required: Prior to any construction within the existing or proposed public right-of- way, the following shall be submitted and subject to review and approval by the District: a. Three complete sets of detailed street construction drawings prepared by an Idaho Registered Professional Engineer, together with payment of plan review fee. b. Execute an Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. c. Complete all street improvements to the satisfaction of the District, or execute Surety Agreement between the Developer and the District to guarantee the completion of construction of all street improvements. ada county highway district 318 East 37th • Boise, Idaho 83714 ~ Phone (208) 345-7680 r' February 2, 1994 Page 2 3. Furnish copy of Final Plat showing street names as approved by the Local Government Agency having such authority together with payment of fee charged for the manufacturing and installation of all street signs, as required. 4. If Public Rights-of-Way Trust Fund depo-sit is required, make deposit to the District in the form of cash or cashier's check for the amount specified by the District. 5. Furnish easements, agreements, and all other datum or documents as required by the District. 6. Furnish Final Plat drawings for District acceptance, certifications, and endorsement. The final plat must contain the signed endorsement of the Owner's and Land Surveyor's certification. 7. Approval of the plat is valid for one year. An extension of one year will be considered by the Commission if requested within 15-days prior to the expiration date. Please contact me at 345-7680, should you have any questions. LS cc: Development Services Chron J. REESE LEAVITT MERIDIAN CITY HALL r: G ~'riVG ~~~~~ JAMES E. BRUCE, President GLENN J. RHODES, Vice President SHERRY R. HUBER, Secretary TO: ACHD Co~w,unission DATE: E'ROM: Development Services ~'NTER-DEPARTMENT CORRESPONDENCE r•[rRME?~OW; DSTECH 2-2-94 ~7anuary 28, 1994 ;;[JBJECT: PRELIMINARY PLAT - MERIDIAN MEADOWS SUIIDIVISION Revised (Developer - Ronald L. Henry, 214 S. Cole Rd., Boise. ID 83709) (Engineer/Surveyor ~- J. Reese Leavitt, P.O. Box 232, Melba, ID 83641) FACTS & FINDINGS: 1. ;leridian Meadows is a 39-lot single family residential subdivi- sion on 14.6 acres of property located on the southeast corner of State Highway 69 (Kuna-Meridian Road) and Calderwood Street. The District reviewed this project on January 12, 1994 as a 27-lot project and 14.6 acres have been added to the southern side of the site. The revised layout provides a continuation of the original layout. 7.. GENERAL INFORMATION: ACRES - 14.6 FEET OF NEW PUBLIC STREETS - 2,550-.feet LOTS - 39 Residential VEHICLE TRIPS PER DAY - 390 TRAFFIC ANALYSIS ZONE - 293 L.F. OF FRONTAGE ON State Highway 69 - 389-feet MOST RECEN'T' TRAFFIC COUNTS - None Available FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Minor Arterial ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Route EXISTING RIGHT-OF•-WAY - 120-feet REQUIRED RIGHT-OF-WAY - Comply with ITD requirements. L.F. OF FRONTAGE ON Calderwood Street - 735-feet MOST RECENT TRAFFIC COUNTS -Not constructed yet FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Collector ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - No pathway shown ada county highway district 318 East 37th • Boise, Idaho 83714 ~ Phone (208) 345-7680 PRELIMINARY PLAT ~ERIDIAN MEADOWS 5~JBDIVIS~ January 28, 1994 Page 2 EXISTING RIGHT-OF-EdAY - 50--f~:et REQUIF.ED RIGHT-OF--WAY - 60-feet (30-feet from centerline) IMPACT FEE BENEFIT ZONE. - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities 3. State Highway 69 (Kona-Meridian Road) is under the ~urisdic- t.ion of Idaho Transportation Department (ITD). The developer is required to submit application materials to ITD for .review and requirements of that Department. 4. Calderwood Street is currently under construction (28-foot paved roadway) as a requirement for the platting of Running Brook Estates. Staff recommends full curb, sidewalk and pave- ment widening improvements abutting parcel as a continuation of the existing improvements be constructed to a collector standard. The additional right-of-way requirement of 10-feet (from 50-feet of right-ef-way to 60-feet) will be imposed. on the property to the north when it develops. 5. This application is scheduled for public hearing by the Meridi- an Planning & Zoning Commission on February 8, 1994. SITE SPECIFIC REQUIREMENTS: 1. Construct curb, gutter, 5-foot. sidewalk Calderwood Street abutting parcel. constructed to a 41-foot back-to-back owner will be compensated for the cu: (excluding the sidewalk) from available this benefit zone. and. match paving on Improvements shall be street section. The rb and pavement widening impact fee. revenues in 2. Direct lot or parcel access to Calderwood Street is prohibit- ed, in compliance with District policy. Lot access restric- tions shall be stated on the final plat. 3. Comply with requirements of ITD.for State Highway 69 front- age. Submit to the District a letter from ITD regarding said requirements.. ~ PRELIMINARY PLAT ~ERIDIAN MEADO'r~S S'JBDIVISI~ January 28, 1994 Fade 3 STANDARD REQUIREMENTS: 1. Street and drainage improvements required. in the public right.- of-way shall. be designed and constructed in conformance with District standards and policies. ~. Dedicated streets and drainage systems shall be designed and constructed in conformance with District standards and poli- cies. 3. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented. to 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 irriga- tion/drainage district authorizing storm runoff into their system. 5. Locate obstructions (utility facilities, irrigation and. drain- age appurtenances, etc.) outside of the proposed street im- provements. Authorization for relocations shall be obtained from the appropriate entity. 6. Continue existing irrigation and drainage systems across par- cel. 7. Submit three sets of street construction plans to the District for review and appropriate action. 8. Submit. site drainage plans and calculations. for review and appropriate action by ACHD. The proposed drainage system shall conform to the requirements of the City of Meridian and shall retain all storm water on-site. Public street drainage facilities shall be located in the public right-of-way or in a drainage easement set aside specif- ically for that use. There shall be no trees, fences,. bushes, sheds, or other valuable amenities placed in said easement. Drainage easements and their use restrictions shall be noted on ,the plat. 9. Provide design data for proposed access to public streets for review and appropriate action. by ACRD. 10. Locate driveway curb cuts a minimum of 5-feet from the side lot property lines when the driveways are not being shared with the adjacenc property. DRELIMINARY PLAT ~ERIDIAN MEADOWS SUBDIVIS~ January 2.~, 1994 i age 4 1i. Developer sisal 1 provide the District with a copy of the record- ed plat prior to 'che installation of street name signs. Street signs will not be ordered until all fees have been paid and a copy of the recorded plat has been provided to ACRD staff. The copy of the recorded plat shall show the recording information as inscribed by the Deputy County Recorder. 12. Install a stop sign on every unsignalized approach of a project street to an intersection involving a collector or arterial as the crass-street.. The. stop sign shall be in- stalled when the project street is first accessible. to the motoring public. 13, Aright-of-way permit must be obtained from ACRD for all street and utility construction within the public right-of- way. Contact Construction Services at 345-7667 (with Zoning file number) for details. 14. A request for modification, variance or waiver of any require- ment or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 25 calendar days of the original Commission action. The request shall. include a statement explaining why such a requirement would result in substantial hardship or inequity. Should. you have any questions or comments, please contact the Development Services Division at 345-7662. STAFF SUBMITTING:. DATE OF COMMISSION APPROVAL: FEB 0 2 1994 Larry Sale • a • ~~ ~ , 'I . ~. ,~•, t. .. .+ • f • r f • • • ' 1 ~... ~ ... 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'8 ~ or•oTc - ~ - -..._.. _^ I i i I~ r Ifal I iii !i i ! ~ 1 ~~ :• i ... tl' ~~[iYLlflr~~1~ ~i~ ~~a~i e ~ ~ I_...~ ~~ I ~ III ~ ~~ 14 ~, •s•• • ~ ~ ;.ecccc ool}~ i ; `; III I I I I . i ~__ _.-~ I~ I ~ ~ r Jai,. ©5 1074 7: SAM I'Di . ~ ~.1~,~ Y, r, ~i ,. s`~ j~ ~ ~1 '~ l~Ji '! I s r ' ~. ~ ~r~~ ~ ~~9~. ~~~~ r l N `\ ~~ ~ f~~1 Y~ ... ` W ~, ,~ ~ ~ N ~ ~ ~ e , ` 01 ~ it ~! j ~ Q ~~` ~iq[ 16 ~i i i~ Sr ~ e•~~ ~l;Ei ~~ ~~ ~~,~g~ ~ ~-- -.. . II f ~ . • ,« Planning & Zoning January 11, 1994 Page 27 Rountree: We have a little discussion on that, Mr. Chairman Mr. Forrey would like to give us a comment on that. Forrey: Mr. Chairman, members of the commission I thought I heard Sheryl Ott say commercial zone, I was under the impression it was limited office. Rountree: It is limited office. MOTION CARRIED: All yea ITEM #12: REQUEST FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR MERIDIAN MEADOWS BY WILFORD AND BARBARA FAWCETT AND RONALD HENRY: Johnson: I'll now open the public hearing, the representative or representatives of the applicant please come forward, you need to be sworn.. Ronald L. Henry, 6301 Charleston Place, Boise, was sworn by the Attorney. Henry: This is an application for rezoning and preliminary plat approval of a subdivision 27 lot single family residential subdivision on 10 acres of property on the corner of State Highway 69 and Caldwell Street. This is actually south of Caldwell. Since the application was submitted, a kind of a change has been made. There is an opportunity to add some property to this subdivision and what I would like to do is to make a motion to table this and move it to next month. I have developed some conclusions and I have read all the comments from the City and the Highway district. I believe that the new plat that will be submitted will solve most of the problems in fact all of those problems. It is going to be a much better upgrade subdivision with the addition of the acreage. There is a couple of questions a couple of issues that I would really like to address maybe that there still is kind of unresolved, in the ACHD's report they talk about a continuation of existing irrigation and drainage systems across the parcel right now there is 3 separate I guess irrigation ditches that go across the property and terminate, 2 of them terminate in the new the street Calderwood, the other one goes underneath. I don't really understand this statement. I think they want the one across the front along Highway 69 is already there and probably could be continued. The others that go across the parcel I don't think can be, so that is a question. We included in this project a parcel that is on the east side of Ten Mile Creek, which we plan to dedicate for a mini park. And I know that there has been some discussion about that with Wayne Forrey and I believe in his letter ~,t~ L ~ • ~';,_+ T Planning & Zoning January 11, 1994 Page 28 he brings up the question of is it going to be a public park or what, right now we are prepared to donate the 1-and to the City for the park. Really we need to work out what kind, how that is going to transpire and what we are going to do with it. I, as I said the rest of the comments that have been. given to us by the City I think we can address and solve in the revised plat that we will submit next month. Shearer: Where is the additional ground that you are going to subdivide? Henry: It is to the south. Johnson: Any other questions for Mr. Henry? This is a public hearing, maybe came to testify, although we may table this is there someone that would like to come up and address the Commission now? Thank you Mr. Henry. Crookston: If he has some more land. it will require an additional public hearing. Johnson: I need a motion. Rountree: Since he needs an additional public hearing do we need to table this or take it off the record? Johnson: Well, you are going to have to re-notice because you are going to have different people. We have to see a revised application. Crookston: Well, at this juncture we need to table unless we get a request or a withdrawal of the application from the applicant. (End of Tape) Johnson: If you pick up additional acreage than there will other parties involved they we need an opportunity to testify. That will require a new application. Henry: I think there are only .2 other people that are within 300 feet of it. So shall I withdraw it or amend it or what? Johnson: It will be the same time period. Crookston: I think that to benefit Mr. Henry it would probably be better to table it. If you withdraw it you may have to pay additional fees, there are procedures to have what you previously paid credited to what you now have to pay to add new land. • • . _Yr~';I;' w Planning & Zoning January 11, 1994 Paqe 29 Henry: In looking at the resulting plat, there is very little that changes actually. Except that we have added more .land and the streets are extended and there are 38 parcels rather than 27. Shearer: As per the clients request I would move that we table this project until the next meeting. Crookston: Well it may not actually be our next meeting it depends on our publication schedule that we have to meet. Henry: Well I understand that next Friday is the cut off time and I'd be prepared to submit a new application by that time. Johnson: It is actually this Friday. Henry: I have already done some planning I'm already prepared for it, it would be pretty easy to do. Rountree:. Second Johnson: We have a second and a motion to table this item, all in favor? Opposed? MOTION CARRIED: All yea . ITEM #13: PUBLIC HEARING: REQUEST FOR REZONING FROM R-4 TO L-O BY GLENN AND MILLIE NYBORG: Johnson: Someone representing the applicant like to come forward at this time. Terry Nyborg, 5160 View Drive, was sworn by the Attorney. Nyborg: This is a request for rezone of the lot on the corner of Cherry Lane and Linder, northwest corner, from R-4 to limited office. It is proposed to put a real estate office in the existing home that is there, remodel that adequately to do that. We believe this would offer a good transition area from the other commercial businesses there on that corner to the residential that lies to the north and west. The real estate office wouldn't have night activity as the other businesses do and it would be a quieter use for the corner and provide a good neighbor for the residents that are there. There is access to the property, the access is on the very west edge of the property off of Cherry Lane. I believe that this use for the property would be in keeping with Meridian's Comprehensive Plan providing a buffer as well as a transitional area between more commercial type uses and the residences that are there. Any questions, I'd be glad to answer them. ~1, (`~~y IAA"rE: ~_ MERIDIANv PLANNING ~ ZONING AGENDA ITEM NUMBER ~~ APPLICANT: REQUEST: 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 - _ ,~ab~'z aPp~ ~~ a ~a ~d~°~r^'~ INTERMOUNTAIN GAS - ~- BUREAU OF RECLAMATION - ~-Q MERIDIAN CITY ATTORNEY - ~' MERIDIAN PLANNING DIRECTOR - OTHER COMMENTS: HUB OF TREASURE VALLJ~ A Good Place to Live OFFICIALS COUNCILMEN WAYNE S. FORREY, AICP, City Clerk CITY O F ME RID IAN RROBERTGI SLERA JANICE GASS. Treasurer BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO MAX YERRINGTON CORRIE ROBERT D WAYNE G. CROOKSTON. JR.. Attorney . JOHN sHAWCROFr, waste water supt. MERIDIAN, IDAHO 83642 Chairman Zoning 6 Plann i KENNY BOWERS. Fire Chief Phone (208) 888-4433 JIM JOHNSON BILL GORDON. Police Chief GARY SMITH, P.E.. City Engineer FAX (208) 887-4813 Centennial Coordinato PATSY FEDRIZZI GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your coin nts and recommendations will be considered by the Meridian ~~ ~` ~ may we have your answer bye `~ `~ TRANSMITTAL DATE: i2-23-9~ °~ HEraRING DATE ~ ~ ')) ~ / y _ ~~~ REQUEST: BY: ~,. ,C LOCATION OF PROPERTY OR PROJECT : 1.tse-.,~~OCt..~ ~'K--r~ D U-~ti.~ 4 ~-ea~1 JIM JOHNSON P/Z MERIDIAN SCHOOL DISTRICT MOE ALIDJANI,P/I -MERIDIAN POST OFFICE (PRELIM AND FINAL PLATS) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT ~ CHARLES ROUNTREE, P/Z ASSOCIATION ADA PLANNING TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR - NAMPA MERIDIAN IRR..DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION-DISTRICT BOB CORRIE, C/C IDAHO POWER CQ°.-(PRELIM AND FINAL PLATS) BOB GIESLER, C/C 4F5: WEST (PRELIM AND FINAL PLATS) MAX YERRINGTON, C/C INTERMOUNTAIN GAS (PRELIM AND FINAL PLATS) BRUCE STUART, WATER DEPT. BUREAU OF RECLAMATION (PRELIM AND FINAL PLATS) JOHN SHAWCROFT, SEWER DEPT. CITY FILES G ~~'' ~/1 / BUILDING INSPECTOR OTHER FIRE DEPARTMENT YOUR CONCISE REMARKS; POLICE DEPARTMENT ~ Tu,rie~'~ /-t~vu.~!'- w,'(.. ~ /3.e ~v~e~~Q~Q CITY ATTORNEY ~-~ ~ ~ti ~ - f0 /''l~~~ Cr.erc f`. GARY SMITH, P.E. ENGINEER C-0'f P I~~-K ~ cv. ~''~--N~~t d ~v f~~e PLANNER AICP WAYNE FORREY ~ ~ ~ L~~+r~ T'~ ~~ ¢- ~J~ ~ ~ r- , , ~r 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 Memorandum HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 FAX (208) 887-4813 GRANT P. KINGSFORD Mayor COUNCILMEN RONALD R. TOLSMA ROBERT GIESLER MAX YERRINGTON ROBERT D. CORRIE Chairman Zoning 8 Planning JIM JOHNSON Centennial Coordinator PATSY FEDRIZZI To: Meridian Planning and Zoning Commission, Mayor d City Council From: Wayne S. Forrey, AICP -Planning Director ~• Date: January 6, 1994 Regarding :Annexation and Zoning to R-4 with a Preliminary Plat of Meridian Meadows by Ron Henry Annexation and land use,request of R-4 complies with the current Comprehensive Plan with the exception of adequate recreation facilities to serve this development area. This site is adjacent to the Ten Mzle Creek whiEh has been designated for future pathway development by the Federal Government and the City of Meridian. A pathway concept design plan must be submitted o the Bureau of Reclamation and the Ciy for approval and compliance with the County Pathway Plan and Meridian Comprehensive Plan. The Comprehensive Plan indicates a need for a developed pathway in this area. All other public services are available or within reasonable service areas for extension. As a condition of approval the Preliminary Plat should be redesigned to include a recreation area next to the creek perhaps using lot 6 in aprivate-public partnership for park development and public maintenance. A pedestrian bridge to the East over 10 Mile Cr. is needed to link the various existing and future subdivisions together and meet the School Districts need for Dedestriaia access between ubdivisions. As a condition of approval, the developer/owner must enter into a Development Agreement addressing subdivision access linkage, pathway development and Recreation Services. This agreement must be approved by the City prior to Final Plat approval. As the site improvement plans are prepared and submitted, City staff will review and approve any site designs to achieve a high quality project as called for in the Comprehensive Plan and in neighborhood meetings. ~~~EN? of ry ~u - . Za o.. m k' ~ Vi O 7 ~ ~ ,~q~ „~,,, ,,.,,; ;~~a9 RAH 3 ~ IN REPLY REFER TO: 424 LND-1.00(BOI) • United States Department of the Interior BUREAU OF RECLAMATION CENTRAL SNAKE PROJECTS OFFICE 2l4 BROADWAY AVENUE BOISE, IDAHU 83702-7298 Mr. Wayne Forrey Meridian Planning & c;ty of Meridian 33 East Idaho Ave Meridian ID 83642 January 3, 1994 Zoning Commission ar~nca.~ ~~~jv ~qN , F~ s 1994 ~F~~~ID ~N Subject: Review of eridian Meadows Preliminary P1 (Zoning Review) Dear Mr. Forrey: The United States' Ten Mile Drain forms this proposed subdivision's eastern boundary. This drain was constructed and is maintained under authority of the Act of August 30, 1890. That act reserved in the patent for lands that left the public domain after that date, ..a right of way thereon for ditches or canals constructed by the authority of the United States" (26 Stat. 391; 43 U.S.C. 945). The Nampa Meridian Irrigation District is contracted to operate and maintain the drain within this right of way. We appreciate the developer showing the right of way appropriately dimensioned. To assist this development making an orderly addition to our community, we request that conditions of this subdivision's approval be: 1. The plat be labeled, "United States' Ten Mile Drain Easement" along that facility. 2. We request a plat note be added reading, "No buildings, fences, trees or shrubs, or other permanent improvements may be placed within the United States' Ten Mile Drain easement without permission from the Bureau of Reclamation." 3. The City of Meridian obtain a permit from the Bureau of Reclamation for the proposed sewer line. Please contact John Caywood of my staff (ph. 334-1463) if we can be of any as tance. J rold D. Gregg ro~ect Superintendent cc: Nampa Meridian Irrigation District CENTRAL •• DISTRICT ~1'HEALTN DEPARTMENT Rezone # REVIEW SHEET RECEI'~1ED Environmental Health Division Return to: ~AN ~ ~ ~~~~ ^ Boise G'ITY OF MERIDIAN ^ Eagle ' ' nal Use # Preliminary / final /Short Plat /~Ei~iO//~/I/ /t1~igDo~S Sy~.~t (~/S/~.~ ^ Garden city Meridian ^ Kuna ^ Acz ^ I. We have Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type-of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ~] 7. After written approval from appropriate entities are submitted, we can approve this proposal for: central sewage ^ community sewage system ^ community water well ^ interim sewage ~J central water ^ individual sewage ^ individual water ® 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage ^ community sewage system ^ community water ^ sewage dry lines tj~ central water 9. Street Runoff is not to create a mosquito breeding problem. ^ 10. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ I I . If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ~, 13. .S~p~/Y~v~Tr72 7S/,s- ly ®~r$' S'~od~~ ,~~ Date: ~/~/~ pSi9i/~~ ~ O/.ry~N ~ ~!rn'dN0 l,~•s`--r~2 Reviewed By: ~m ~ CON77fM i~if-7'/o n/ . [DND 10/91 rcb, rer. I I/93 jll • • NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian,Idaho, at the hour of 7:30 p.m., on January 11, 1994, for the purpose of reviewing and considering the Application of Ronald Henry, for annexation and zoning of approximately 9.95 acres of land located in the Section 19, T. 3N, R. 1W, Boise-Meridian, Ada County, Idaho, and which property is generally located on Meridian Raod and Overland Road. The Application requests annexation with zoning of R-4. Further Applicant requests Preliminary Plat approval of the parcel of land above described for 27 single family dwelling lots for Meridian Meadows Subdivision. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 23 day of December 1993. WILLIAM G. BERG, R., CITY CLERK • NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian,ldaho, at the hour of 7:30 p.m., on April 5, 1994, for the purpose of reviewing and considering the Application of Ronald Henry, for annexation and zoning of approximately 14.6 acres of land located in Section 19, T. 3N, R. 1 E, Boise-Meridian, Ada County, Idaho, and which property is generally located on Meridian Road and Overland Road. The Application requests annexation with zoning of R-4. Further Applicant requests Preliminary Plat approval of the parcel of land above described for 39 single family dwelling lots for Meridian Meadows. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 15th day of March1994. WILLIAM G. BERG, JR., CITY CLERK ,Z~ C , s~ .;~ ~~~ far l ~~ ~ ~,~ NOTICE OF HEARING ~ S ~ ,~ ok NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian,Idaho, at the hour of 7:30 p.m., on February 8, 1994, for the purpose of reviewing and considering the Applic n of Ronald Henry, for annexation and zoning of approximately 4.7 a res of land located in Section 19, T. 3N, R. 1E, Boise-Meri , Ada County, Idaho, and which property is generally located on Meri ian Road and Overland Road. The Application requests annexation wit zoning of R-4. \ ~¢.b Further Applicant requests Preliminary Plat approval of the parcel of land above described for 39 single family dwelling lots for Meridian Meadows. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 18th day of January 1994. G /cam" `- / WILLIAM G. BERG, JR., CITY CLERK ~t.E~~~~ JAN 2 6 1994 CY'fY OF ME~1DiAN • NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Ha11, 33 East Idaho Street, Meridian,Idaho, at the hour of 7:30 p.m., on February 8, 1994, for the purpose of reviewing and considering the Application of Ronald Henry, for annexation and zoning of approximately 4.7 acres of land located in Section 19, T. 3N, R. 1E, Boise-Meridian, Ada County, Idaho, and which property is generally located on Meridian Road and Overland Road. The Application requests annexation with zoning of R-4. Further Applicant requests Preliminary Plat approval of the parcel of land above described for 39 single family dwelling lots for Meridian Meadows. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 18th day of January 1994. WILLIAM G. BERG, JR., CITY CLERK ~E1~~p L.__1 S i ~ P~a~ry C~`VnI~S TAX ID. NO 81581110070 Q~ r2114050050 82114050100 82328780010 82328780040 82328780050 82328780060 S1119212900 S1119223312 NAME RUNNING BROOK ESTATES LARREA, JOSE I. & JANICE E. LARREA, JOSE LUIS ELK RUN HOME OWNERS ASSOC THE DEVELOPMENT COMPANY THE DEVELOPMENT COMPANY THE DEVELOPMENT COMPANY GLENCO INC. QUEENLAND ACRES INC. S1119233630 SYVIA S. JOHNSON S1119233650 RUNNING BROOK ~`~ ~, ESTATES ~'~ j" `fit e~AvrKc f~. Q_ rnen~ vu ADDRESS CITY 2460 S MAPLE GROVE BOISE 100 ROSALYN CIR. MERIDAIN 200 ROSALYN MERIDIAN 1892 S GULL COVE PL MERIDIAN 1892 S MERIDIAN RD MERIDIAN 1892 S MERIDIAN RD MERIDIAN 1892 S MERIDIAN RD MERIDIAN P.O. BOX 851 C/0 CAROL LOTSPEICH1032 CAYMAN DR. 2020 S. MERIDIAN RD P.O. BOX 6526 MERIDIAN MERIDIAN MERIDIAN BOISE S1119234010 LEONARD D. ET AL 2240 S. MERIDIAN MERIDIAN REED S1119244300 GLENCO INC. P.O. BOX 851 MERIDIAN S1224142102 DEVELOPMENT GROUP 3704 GAELIC BAKERSFIELD SIIIg2'y3'11~ ND BAt?eARA ` D 2090 S• MGR~DiA1JRp. MEt=~DI~~ FAWCE T ~" PRoPE€-''T'y O`~/N~/2S ,AAO~.U 7a P.eEI/iauS LISA; ST ZIP ID 83709 ID 83642 ID 83642 ID 83642 ID 83642 ID 83642 ID 83642 ID 83642 ID 83642 ID 83642 ID 83707 ID 83642 ID 83642 CA 93311 ~D 83`4Z- ~i~-~E- PR PE` ~vN- IZ i`'-v-o~~b >~vM `..P~Evr~~s ~~T ,"~ ~ r» • • PROP05ED MERIDIAN MEADOWS SUBDIVISION PROJECT DESCRIPTION OVERVIEW This project proposes the development of approximately 14.5 acres of RT zoned land located at 2090 and 2190 5. Meridian Road, Meridian, Idaho, into a single family residential subdivision similar to those that border the property. The subdivision will be comprised of 39 lots ranging from size between 8,000 square feet and 18,000 square feet. Two lots contain existing residences of 1600 square feet and 2400 square feet. Homes will be medium priced between X125,000 and X175,000, Lots will be sold to qualified Home Builders that must comply with CC&R's and must submit plans for approval of the subdivision Architectual Control Committee prior to construction. The quality and design of the homes will be consistent with the homes being constructed in the neighboring subdivisions, EXISTING SITE The subject property is approximately 14.6 acres made up of three legal parcels located at 2090 and 2190 S. Meridian Road. The site is approximately one-quarter mile south of the intersection of Meridian Road and Overland. Currently there are two residences on the site, a 2400 square foot home at 2090 S. Meridian Road and a 1600 square foot home at 2190 S. Meridian Road. The balance of the property is irrigated pasture land. Ten Mile Creek bisects the property on the eastern side running diagonally across the site to the northwest to a point approximately 250 feet west of the northeast corner. ADJACENT PROPERTY The subject property is flat and is bordered on the north by the new street, E. CAlderwood Drive, which will be used as an entry to the Running Brook Subdivision and Phase 3 and 4 of Meridian Greens Subdivision, To the north is the new Running Brook Subdivision comprising 31 lots. To the east are the new phases of Meridian Greens comprising approximately 60 lots. To the west across Meridian Road is the Elk Run Subdivision presently under development and homes under construction. To the south of the site is a 5 acre parcel presently zoned RT with a single family residence located at 2240 S. Meridian. ... ,. .. Page 2 PROPOSED DEVELOPMENT The proposed subdivision will contain 38 lots ranging in size between 8,000 square feet to 18,000 square feet. The subdivision entrance will be from two streets running south from E. Calderwood Drive and connected by two east/west connector streets. All Meridian City services and utilities are currently stubbed to the site or are readily accessible. There will be a strorm water collector system located along Ten Mile Creek to process water runoff prior to dumping into Ten Mile Creek. The Lots will be developed and sold to a select group of Home Builders for construction of single family homes ranging in size between 1,600 and 2,400 square feet. The estimated value of the homes will range between X125,000 and X175,000 with the Creek front homes possibly approaching X200,000. There is a 1.25 acre parcel on the east side of Ten Mile Creek that cannot be developed. It is proposed that this lot be donated to the City of Meridian for use as a mini-park and become part of the greenbelt along Ten Mile Creek. PROPOSED SCHEDULE Rezoning of the subject site from RT to R-4 will be complete in March 1994. Engineering, site improvements and Final Plat Map approval will be complete in May 1994. Lot sales and home construction will begin in 3une 1994. 13 II!81 2~4 ~~ I Itil I I RT i ; -- .I • f _ I o ~~ ~ ~. -- -- _ -~ ~ • >. 1= • f` ~ • RECEIVED '1--- ~ ' `~ ; 7 3 -- -~ • ..... ... • ~ DEC 1 4 1993 • - - -,-; 9 ~3 i 6 L • ~ ~ ~ 6 ~ ~~ ~-- ,- 6~C a ITY ~~ MERIDIAN ~ ~~ C 5 ~ 5 , 12 3 4 ~ ~ti 9~. ~ ~~ ~ ~ ~ .~22 ~~ ~ ~ ~~ • ~• ` 21 . 10 ~~ ~ j 4 ~ ~~ 3 4 ~ ~~ ,'9 0 5 2 ~' ~ 0 ~L" 2 5 ~9 ~jl. tI ~~ ~" Y v ~ • ~~. .~ ~/~ 8 ~1 g ~~ ; 3 ~ ~\ ~ / 9 ' • ~ ~ ~~~ X~li ~ ~~ ~ ~`'ti IO' 14 ~ 4 .y ' ;, -~ Sv~ ~ ~ - ~i~iA,, ` ® I I ~13 13 tF I ~ _ ~.'L ~~~ 8~,8 I? ~ . 2 \\ ~ `3 19 i ~~r4iJ ~O 9 I7 "' ~ ~+ 16 ~, ~~ ~- F / ~ - I S~, 15 ~ ~ \ ~ ~ ( -~ i3 7 ~ 14 9 r \'J 3 i :~ ~ ,~ I D ~y~, ~ 12 S+ 13 II ~J~ ~~~3'1''/ / O,Q II ~ ~ 12 5 q ~ I RT RECEIVED ~a 7 ~ _ .: ~- ~~ ~ ~A 4 V S ~~~~ -. ~~ ~ _ Cs,~' T \ I ------ - -- ~ ~ K G ~`{.~ N E O Y (.~ R~ ~ 9 2 6 ' y 9 18 /9 6 7 6 3 g 17 /4 F ~ ~ 8 ~ 5 16 ' ? ~.: ~~ ir. ~~ ~ ~ 3 8 4 ~sq ~ I r \ 10 I I 9 13 3 /•y/G ~5 ~r 2 G. - 12 ~ 12 14 10 17 ~ a y~' /4 I F` 13 II Q 15 " ~pA 1 ~ ~4 <" GpO~ 21 18 9c0\~ ~~ 23 `D' ~ 3 19 ~ 25 ~. 17 20 2~ 23 c2 26 21 ~T 2 7 24 C AMALIE 26 27 28 25 I \ ~O 8 v9 19 '~ 21 /~ 18 ~~a' 9 ~• 10 19 ~'~' I 6 12 29 16 -- ~., 17 , -, } • • INFORMATION FOR ANNEXATION & ZONING APPLICATION 1, APPLICANT NAME AND ADDRESS- 2. OWNER NAME AND ADDRE55= RONALD L. HENRY 214 S0. COLE ROAD BOISE, ID. 83709 376--7238 WILFORD H. AND BARBARA FAWCETT 2090 50. MERIDIAN RD. MERIDIAN, ID. 83642 888-3415 PROOF OF TITLE= TITLE REPORT AND CLOSING STATEMENT SUBMITTED WITH OTHER MATERIALS 12--14-93 3. CONSENT OF OWNER= ADA COUNTY REZONING FORM WITH OWNER'S CONSENT SUBMITTED WITH OTHER MATERIALS 12-14-93 4. LEGAL DESCRIPTION SUBMITTED WITH OTHER MATERIALS 12--14-93 5. LEGAL DESCRIPTION OF ADJOINING RTGHT5-OF-WAY HIGHWAY 69 WEST MERIDIAN KUNA HIGHWAY LIST INSTRUMENT N0, FROM LDGAL DE5CRIPTIQN OF NORTH GALDERWQOD DRIVE 10 MILE CREEK 6, PRESENT LAND USE= RESIDENTIAL WITH ADJOINING UNDEVELOPED 7. PROPOSED LAND USE= SINGLE FAMILY RESIDENTIAL 8. PRESENT DISTRICT RT 9 PROP05ED DISTRICT R-4 10. CHARACTERTSTIC5 OF PROPERTY MAKING NEW ZONING DESIREABLE= THE SUBJECT 9.95 AGRES T5 ADJOINED ON THE NORTH BY THE RUNNING BROOK SUBDIVISION, ON THE EAST BY MERIDIAN GREENS SUBDIVISION AND ON THE WEST BY ELK RUN SUBDIVISION, THE PROPOSED MERIDIAN MEADOWS SUBDIVISION WILL CONTINUE THE SINGLE FAMILY RESIDENTIAL TREND OF LAND USE IN THE AREA AND BE COMPATIBLE WITH THE MERTDTAN COMPREHENSIVE PLAN. 11. HARMONY WITH NEIGHBORING DEVELOPMENT S THE MERIDIAN MEADOWS SUBDIVISION WILL BE ZONED R-4 WITH MINIMUM 8000 SQUARE FOOT LOTS, MINIMUM 80 FOOT FRONTAGES WHICH WILL CONSISTENT WITH THE NEIGHBORING SUBDIVISIONS. 12, MAP WITH SCALE OF 1 INCH EQUALS 100 FEET WAS INCLUDED WITH MATERIALS SUBMITTED 12~-14-93. • • 2, 13. VICINITY MAPS, 30 COPIES, WITH SCALE OF 1 INCH EQUALS 300 FEET WAS INCLUDED WITH MATERIALS SUBMITTED 12-14-93, 14. LIST OF PROPERTY OWNERS WITHIN 300 FEET OF SUBJECT SUBDIVISION WAS INCLUDED WITH MATERIALS SUBMITTED 12-14-93. 15. HOW THE PROPOSED SUBDIVISION RELATES TO MERIDIAN COMPREHENSIVE PLAN= THE PROPOSED MERIDIAN COMPREHENSIVE PLAN ANTICIPATES THIS AREA TO BE SINGLE FAMILY HOMES. 16, APPLICATION FEE- SUBMITTED CHECK FOR X547.90 TO CITY OF MERIDIAN ON 12--14--93. 17. SIGNED AFFIDAVIT THAT ZONING CHANGE APPLICATION HAS BEEN SUBMITTED WILL BE POSTED 1. WEEK PRIOR TO HEARING ON 1--11--94. • • R~~~~~ED January 14 , 1994 CITY aF AtER~DIAN Wayne Fare Director, Planning & Zoning City of Meridian 33 E. Idaho Ave. Meridian, Idaho RE= CONSENT LETTER FOR ANNEXATION AND REZONING Dear Mr. Fore= As legal owners of the subject property located at 2090 S. Meridian Road, Meridian, Idaho, we hereby give consent to submit the Annexation and Rezoning Application to the City of Meridian by Ronald L. Henry. Yours truly motor ett III Barbara A. Fawcett S1119233630 SYVIA S. JOHNSON 2020 S. MERIDIAN RD MERIDIAN, ID 83642 • • S1119233650 RUNNING BROOK ESTATES P.O. BOX 6526 BOISE, ID 83707 ~~~~~~~~ ~E~ i 4 1993 S1119234010 LEONARD D. ET AL REED 2240 S. MERIDIAN MERIDIAN, ID 83642 S1119233905 JAQK R. & CAROLYN SIEMSEN 2190 S MERIDIAN MERIDIAN, ID 83642 81581110070 RUNNING BROOK ESTATES 2460 S MAPLE GROVE BOISE, ID 83709 S1224142102 DEVELOPMENT GROUP 3:704 GAELIC BAKERSFIELD, CA 93311 82328780040 :THE DEVELOPMENT COMPANY 1892 S MERIDIAN RD MERIDIAN, ID 83642 82328780060 THE DEVELOPMENT COMPANY 1892 S MERIDIAN RD MERIDIAN, ID 83642 51119223312 C~T`d; ~ y~ ;.`~"Y~~~~~ QUEENLAND ACMES INC. C/O CAROL LOTSPEICH 1032 CAYMAN DR. MERIDIAN, ID 83642 . 51119244300 GLENCO INC. P.O. BOX 851 MERIDIAN, ID 83642 S1119212900 GLENCO INC. P.O. BOX 851 MERIDIAN, ID 83642 82328780010 ELK RUN HOME OWNERS ASSOC 1892 S GULL COVE PL MERIDIAN, ID 83642 82328780050 THE DEVELOPMENm COMPANY 1892 S MERIDIAN RD MERIDIAN, ID 83642 • • ( Revision ) REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY. PLAT,_AND/OR, FINAL,,,_PLAT. PLANNING AND ZONING COMMISSION This sheet contains revised information t_o t.hn Request far subdivision Approval, submitted Crecembe7° 12, 1993 for the proposed .subdivision "Meridian M©adcaws". The revised Preliminary Plat for- Meridian Meadows includes the addition of the ~.7 acre parcel at 2190 S. Meridian Road to the subdivision. The following includes informat.ior7 regarding the added ~..,arcel: GENERAL INFORMATION_~ su lements _„_, information on _ on final application 3. Owners of record, Jack and Caron Siemsen Address , 2190 S ._ Meridian Road., Zip ,_II36~? f~hone 888--7950 PRELIMINARY PLA C~, HECKLI~T,,~,.,~,,rev~,~d,_,_number_s~ 1. Acres 14.6 2. Number of Lots ____39___,_ 3. Lats per acre _„~„~,6__~ All other information contained on the arigin~~l application, attached to this cover sheet, is the same. A,,,P_P,~.ICANT = Ronald l_ . Henry 6301 Charleston Place Boise, ID, 853-9922 (Home) , 376--7238 (Office ) ~'' dry., , ,, . • • REEIUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request fur preliminary plat approval roust be in the City Clerks possessior, na later tt,an tt,ree days follawing the regular meeting of the Planning and Zoning Commission. The Planning ar,d Zoning'Commissiar,.will hear the request at tt,e montt,ly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided tt,e necessary procedures and documentation are received before 5:00 P. M., Thursday fallowing the Planning and Zoning Commission action. 'GENERAL INFORMATION f~ 1. Name of Annexation and Subdivision, i''(~iel1~/~Fi~l /~~d~DO\~5 2. General Location, Nl~]2tD/~ ~0,4D ~' f~\/Ei2LA••n/D 3. Owners of record,~~/I~.F02D N. ~~1\VC~'fT ~ S~B~~15. ,A. F \~CE7't- Address,~A4f7 S. M~2iDi~~~~. Zip~364ZTelephone gg(3- 34(S ~. Applicant, P-.or1ALD L. {-~•~N~ Address, ~~JOI G~~~LFS'~7~ ~IS~' 5. Engineer, .J. ~~EC.f= l~A~!(TT' Firm Address ~C~.C30?C x321 M~L~~q, Zipg36 Telephone 4qS-2SIS 6. Name and address to receive City billings: Name /`I~~'IGY~IJ t~fE~4~D,~\VS Address 219' S. Col, 12D. Telephone 37(0 -723f3 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres • Q .q 2. Number of lots 27 . 3. Lots per acre 2 ,, 4. Density per acre 5. Zoning Classification(s) ~~~~ :. -.> ~1 • ;~ ."_ 6. If the praposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification_ ~ T' 7. Uoes the plat border a potential green belt !~ S b. Have recrea±ional easements been provided for YES 9. Are there proposed recreational amenities to the City ES Explain G2~e2N $ELT 1f0. Are there proposed dedications of common areas? VES -~ Explain ~ ~ ,4.~~s C,JS„ T D~ `TAN M 1 ~ Ge~~ For future parks?_~~~ ~Explain/~JA~/•P~~ .6.Ll~~Jr~ G2 _E I B /T 11. What school (s) service the area /VJ~i2i0/~n~ , do you propose any agreements for future school sites /l/p Explain 12. Other proposed amenities to the City ~ Water Supply Fire Department_ Other Explain 1:~. Type of Building (Residential, Commercial, Industrial ur combination) Sl~~'IVTiA[_.~. 14. Type of Dwelling(s) Single Family, Duplexes, Multiplexes. .other S/nIG Lc P.4M /L.V 15. Proposed Development features: a. Minimum square footage of lot (s) , gf~ b. Minimum square footage of structure(s) ~lbpp c. Are garages provides for, ~$ square footage~0 a d. Are other coverin s n/D g provided for e. Landscaping has been provided for ~,, Describe GC ~ 2.5 ~? ~'c~y- 2E' EAc~4 !-ko M L~IYN~' 70 FU ~l.Y I.AN~Sc.4~ W 1'~-k+l ~ ~D DAy S O~ pCCCJ t~~4nfGy (2) .~ • f. Trees will be provided for ~Q. Trees will be maintained IVO g. Sprinkler systems are provided for ~ NDM60~VNfC'~ h. Are there multiple units f~, Type remarks i. Are there special set back requirements ~/E'rj ~ , Explain 5O 'FooT SST' BArCIG ~r~ M 'TE 1J 1 V~ 1 l,~ Cf~tK. ~. Haa off street parking been provided for ~CS , Estplain S Y ~~C.N f} owl ~' ov,lnrE~ k. .Value range of property ~ Z$~t~Op Tb ~ ~(c~0ot7 1. Type of financing for development i3~4A1~ m. Protective covenants were submitted ES ,Date !2- ~'~ -q3 16. Does the proposal land lock other property NO , Daes it create Enclaves ND STATEMENTS OF COMPLIANCE: 1. Streets. curbs, gutters and sidewalks are to be constructed to standards as •required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the Gity Engineer. All sidewalks will De five (5) feet in width. ~. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Uevelaprner,t will connect to City services. ~. Uevelopmer,t will camply witT, City Or•dir,ances. • 5. Preliminary Plat will include all appropriate easements. 6. Street names must nat conflict with City grid system. .. (3) ,.. _ l 1 y ~ ~ ~A ~~ $~~ 7 q` zt»v ~vd ro taoa ivte / . 'j ~g~cl ~~ ~ f 'Q1 1QY1 - 4Q31MJ NMOMN 7LL yy ww ~ ~~ ~ 5 Y~ 3 ¢d ~ i~ 8 @~ b ~~ ~~~~ ~~ rya D 6~ ~ 7 ~ '~ s ~ ~ ~b 1 b ry_ _ H6'98£ 3.6 L.94D0 N _ - n $ _ ~ ~ ~~ ~ ~ ~ ~@ $~ 9 64'481 ~ 6b'4~ n - w~ l J dk51 ~ '~ ~~ Y ~~ EL €~~T ~ ~8 55~ ~ I ~9~ / ~~ / ~ ^ ~ nxw l ~~ b a ~b~ "~ s ~bj ` ~~ ~ ~~ // ..;o~~°. 0~~ ~ - 9 ~ ~ 3 ~~ ~ . 9M i ~5 ~ 7b ~~ M5 bp~ ~ / O g i A ~ d i n d ~ ~ - ~i / ~ ' ~ O a~ /~ / a ~ ~ J ro. s s ~ Ss ~/ ~~ ~" ~° s ~~. i t g ~~ ~ 3 bgg~ ~ «~~~ o~ gaS ~ ~ ~~ s~ t~ ! " I g S~~^ W Y~~S~ ~ 7 ~Q^ \ ~ •, a0,tt ~ O~LN ILai i (A gal 1~ a 92 {• ' ~l _ - ~ I ,ll I i~~ Il . m, ;~ q g z - N~ •a `I` 8 OS g/ Og Iii, ~ I;ZY O~ an fr W I b ~ ~ a O ^ -w Lt ll \'. m111 N I ytvl ~' l1 N R m a~ _~ ~ ~ ~ Q F ~ I W mOCt I i IN O~ F~ ~\~ ~ ~$ Oa N Q S Y W OS lan W Q ,j ~ m _ ~ W ~ '}-1 ~ (/N1~ y ~tl m14122 ~ LYLII m 3 ~' ~ ~ OI ~ T8 ~JF N~ 8 W D O ~} 8 W I I m~"= g ~ ~ ~ N I K m x d F o I a I v, 8 b, O q y~ 8 N \m ~ p p ~ i I~ ooul ~ ° g N i S OS 3 9 O g ^ 41 U ! ~ Z O r4p ~~~----- ~ ao~u r' 11 d Z Q g i N W ~~ w O 1 mill 8 M ~ ~ ~~~z~ ~ ~o b~ ~ O~ ~g ~~ g ~ I 8 ~ ~ 8 7 M N W~ ~ ~~ .l S Q~ ~ lam ~ O F O A W K I ' I W mron `` melt ~. m d p .tap ~ /~ n eon M 8 I W Q ~ ~ ~ ', f 1--- _ 91 II ~,~. /' 1f 1 ~~ ~' a ~~ ~ a ~ ~~ $ awl/ 0 I ~~ 41 ~ n (~~ 26,x'.. ~ ~~ 1 , -' ~ ~~~2 j " _ _ OS'bBL ,-~~OS'46L MAOSSno 5 00'68£ M,oo.ssDa s ab'02I Nbl Z6'6LSl °a - ~ 0 3 ~ ~I ~ o ~~ ~~~ ~ 3 ~~~ ~ ~ ~ ~~~~ ~~~ w ~~ ago. I i~M I I I ~®e} } 00 I~ IIIII ~ I b C It I ~ i ' J tP.OI ~ Ll'LY-' Q~ ~' .a i ;~~0~~. ~263Y ~ ~/~ ~i HY16GL DN3! M3N ~ttjl /~ OS'46l w $~~~ zr ~ ~6o.ssoo s t b !~ ~: i ~ • . Preliminary Draft DECLARATION OF COVENANTS. COND~.TIONS AND RES'T'RICTIONS FOR MERIDIAN .MEADOWS SUBDIVISION NO. 1 THIS DECLARATION is made on the date hereinafter set forth by the undersigned, MERIDIAN MEADOWS PARTNERS, and hereinafter referred to as "Declarant". WHEREAS, Declarant is the owner of certain real property in the County of Ada, State of Idaho, hereinafter referred to as "Property" more particularly described as follows: Meridian Meadows Subdivision No. 1, a subdivision comprised of two parcels: PARCEL I A PARCEL OF LAND IN THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 19; THENCE SOUTH Od 55~ WEST 1519.92 FEET TO THE POINT OF BEGINNING; THENCE SOUTH Od 55~ WEST 194.50 FEET; THENCE SOUTH 89d 59'15" EAST 1120.78 FEET; THENCE NORTH Od 46'50" EAST 194.49 FEET; THENCE NORTH 89d 5915" WEST 1120.26 FEET TO THE POINT OF BEGINNING EXCEPT THAT PORTION OF LAND CONVEYED TO THE STATE OF IDAHO BY AND THROUGH THE IDAHO TRANSPORTATION BOARD FOR THE DIVISION OF HIGHWAYS AS DISCLOSED IN WARRANTY DEED RECORDED OCTOBER 27, 1987 AS INSTRUMENT NO. 8758722. PARCEL II A PARCEL OF LAND IN THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 19; HENCE SOUTH Od 55' WEST 1714.42 FEET TO THE POINT OF BEGINNING; THENCE SOUTH Od 55' WEST 194.50 FEET; THENCE SOUTH 89d 59'15" EAST 1121.30 FEET; THENCE NORTH Od 46'50" EAST 194.49 FEET; THENCE NORTH 89d 59'15" WEST 1120.78 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION OF LAND CONVEYED TO THE STATE OF IDAHO BY AND THROUGH THE IDAHO TRANSPORTATION BOARD FOR THE DIVISION OF HIGHWAYS AS DISCLOSED IN WARRANTY DEED RECORDED OCTOBER 27, 1987 AS INSTRUMENT NO. 8758722. 1 • NOW, THEREFORE, Declarant hereby declares that all of the said property is and shall be held and conveyed upon and subject to the easements, conditions, covenants, restrictions and reservations hereinafter set forth; all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of said property. Said easements, covenants, restrictions, conditions and reservations shall constitute covenants to run with the land and shall be binding upon all persons claiming under them, and also that these conditions, covenants, restrictions, easements and reservations shall inure to the benefit of and be limitations upon all future owners of said property or any interest therein. Whenever used in this Declaration, the following terms shall have the following meanings: 1.1 "Building Lot" shall mean and refer to a lot, or to any parcel of said property under one ownership which consists of a portion of one of such lots, or contiguous portions of two or more contiguous lots if a building is constructed thereon. 1.2 "Committee" shall mean the Architectural Control Committee described herein. 1.3 "Common Area" shall mean all real property, including improvements thereto, owned by the Declarant for the common use and enjoyment of the owners, and, where indicated herein, for the benefit of the public. The Common Area to be owned by the Declarant at the time of the conveyance of the first lot is described as follows: to be determined at a later date 1.4 "Declarant" shall mean and refer to Meridian Meadows Partners, their successors and assigns. 1.5 "Declaration" shall mean and refer to the Declaration of Covenants, Conditions and Restrictions applicable to the property as recorded in the office of the Ada County Recorder. 1.6 "Mortgage" shall mean and refer to any mortgage or deed of trust and "Mortgagee" shall refer to the mortgagee, or beneficiary under a deed of trust, and "Mortgagor" shall refer to the mortgagor, or grantor of a deed of trust. 1.7 "Member" shall mean and refer to those persons entitled to membership as provided in the Declaration. 2 ~ ~ 1.8 "Owner" shall mean and refer to the record owner, whether one or more persons or entities of a fee simple title to any lot which is a part of the properties, including contract sellers, but excluding those having such merely as security for the performance of an obligation. 1.9 "Plat" shall mean the recorded plat of Meridian Meadows Subdivision No. 1. 1.10 "Properties" or "Property" shall mean and refer to that certain real property hereinbefore described. 1.11 "Setback" shall mean the minimum distance between the dwelling unit or other structure referred to and a given street or road or lot line. ARTICLE II Property Use Restrictions The following restrictions shall be applicable to the Property and shall be for the benefit of and limitations upon all present and future owners of said Property or of any interest therein: 2.1 Land. Use and Building Type. No lot shall be used except for single family residential purposes, and no lot or the Common Area shall be used for the conduct of any trade or business or professional activity. All lots and improvements constructed thereon must comply with all applicable governmental rules, ordinances, laws, statutes or regulations. Residents living together upon the premises as a separate housekeeping unit in a domestic relationship based upon birth, marriage, or other domestic bonds, shall be a "single family" for the purpose of defining a single family residence. 2.2 Signs. No sign of any kind shall be displayed to the public view on any lot except one sign of not more than five (5) square feet advertising the property for sale or rent or signs used by a builder, or lending institution or the Declarant to advertise the property during the construction and sales period. 2.3 Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats, or other household pets may be kept provided that they are not kept, bred, or maintained for any commercial purpose and provided that the keeper of such pets complies with all city and county laws, rules and regulations. No dog, cat or other household pet may be kept which unreasonably bothers or constitutes a nuisance to other owners of other lots. No dog runs or kennels shall be permitted to be kept or placed within five (5) feet of the property line of any lot, or within five (5) feet of a setback 3 i ~ line, where applicable. Dog runs or kennels shall only be permitted to be placed and maintained to the rear of dwellings and in no event shall such structures be visible from a street. 2.4 Street Lighting. Post light on each lot to be installed by owner. 2.5 Temnorary Structures. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuildings shall be used on any lot at any time as a residence, either temporarily or permanently. No trailer, camper, mobile home, camper-truck or other similar vehicle shall at any time be used as a residence, either temporarily or permanently on any part of said property. 2.6 Vehicles. Non-working or commercial vehicles of one ton or greater shall not regularly or as a matter of practice be parked on any lot or street adjacent to the Properties unless properly garaged. 2.7 Motor Homes and Recreational Vehicles Parking of boats, snow mobiles (on or off trailers), trailers, motor homes, motorcycles, trucks, truck-campers, any recreational vehicle and like equipment, or junk cars or other unsightly vehicles shall not be allowed on any part of said property nor on public ways adjacent thereto, excepting only within the confines of an enclosed garage, and no portion of the same may project beyond the enclosed area except under such circumstances, if any, as may be prescribed by written permit approved by the Architectural Control Committee. All other parking of equipment shall be prohibited except as approved in writing by the Architectural Control Committee. 2.8 Dum ina. No part of said property shall be used or maintained as a dumping ground for rubbish, trash, garbage or any other waste. No garbage, trash or other waste shall be kept or maintained on any part of said Property except in a sanitary container. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. 2.9 Noxious or Offensive Uses. No noxious or offensive or unsightly conditions shall be permitted on any part of said Property, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. 2.10 Parking Rights. Any automobile or other vehicle used by any owner shall be parked in the driveway or garage which is a part of the dwelling unit. There shall be no overnight parking of any vehicle on subdivision streets. 4 • 2.11 Electronic and Other Equipment. No television antenna, radio antenna, satellite dishes, microwave receivers, wind generators, solar collecting devices, or related types of equipment shall be installed on any lot or the exterior of any residence or structure located upon any lot without the prior written approval of the Architectural Control Committee, which approval may be withheld in said Committee's sole and absolute discretion. 2.12 Unsafe or Hazardous Activities. No activity shall be conducted on or in any improvement located upon any lot which is or might be unsafe or hazardous to any person or property. Without limiting the generality of the foregoing, no firearms shall be discharged upon said property; no open fire shall be lighted or permitted on property except in a self-contained barbecue unit while attended and in use for cooking purposes or within a safe, well-designated interior fireplace. 2.13 Light, Sound and Odor. No light shall be emitted from any lot which light is unreasonably bright or causes unreasonable glare. No sound shall be emitted from any lot Which is unreasonably loud or annoying. No odor shall be emitted on any property which is noxious or offensive to others. 2.14 Maintenance of Landscaping. Each owner shall maintain the landscaping on the owner's respective lot, including trees and other landscaping, in a neat, clean and attractive condition. In the event that an owner should fail to do so, the Declarant shall have the right to enter upon such owner's lot and perform such maintenance, repair, or replacement as may be required at the sole cost and expense of the owner. 2.15 Basketball Backboards and Rims. No basketball backboards or basketball rims, with or without nets attached, shall be affixed or installed on the exterior of any residence or structure located upon any lot and the same shall only be installed or affixed upon a suitable metal pole as approved by the Architectural Control Committee. 3.1 Building Restrictions. No building shall be erected, altered, placed or permitted to remain on any lot other than one (1) detached single-family dwelling, containing a minimum of 1,600 square feet of interior living space (or in the case of a two-story or split-level dwelling 1100 square feet of living space for the first floor of such two-story or split-level dwelling), and a private garage for not less than two (2) nor more than four (4) vehicles Each dwelling unit may not be occupied by more than one (1) family. 5 3.2 Set-backs. No improvement may be constructed or maintained on a lot closer than twenty (20) feet from the front property line, fifteen (15) feet from the rear property line, five (5) feet from the interior side property lines, or fifteen (15) feet from an exterior side property line. 3.3 Height Restrictions. No buildings shall be erected, altered, placed or permitted to remain on any lot which exceed thirty (30) feet in overall height, as measured from the highest point on the top of the foundation. 3.4 Detac ed Structures. No structure or above-ground improvements shall be permitted on any lot which are detached or separated from the principal structure unless located within a reasonably compact area adjacent to the principal structure and unless designed as a single visual element connected or related visually with the principal structure by fencing or other architectural features and in accordance with other requirements of the Covenants. 3.5 Moving of Buil inas. No building or other structure shall be moved onto said real property from any location outside said property except a newly constructed, prefabricated structure of a type and design approved in writing in advance by the Architectural Control Committee. 3.6 Size of Lot. All residential building sites subject to these Covenants shall remain of the size and dimensions shown upon the recorded plat referenced herein, save and except where a change may be made in accordance with the provisions of these Covenants and the law thereunto appertaining. 3.7 Building Materials. All buildings shall be of frame, stone, brick, or stucco construction and, if other than brick or stone, shall be finished and painted and kept in good repair. The front portion of all buildings facing a street or roadway shall be faced with stone, brick or stucco, the amount and placement of the same to be as approved in the discretion of the Architectural Control Committee. All buildings and improvements shall maintain the quality of workmanship and materials and be in harmony of external design with existing structures and shall be located in harmony with the topography and finish grade elevation of adjacent structures. All roofs shall be constructed of wood shakes, or simulated shakes made of other materials approved by the Architectural Control Committee, unless otherwise approved in writing by the Architectural Control Committee. All roofs shall have a minimum pitch of 5/12 with the exception of patio coverings on the rear of the home, and at least two (2) exterior lights for the garage door and one (1) exterior light for the front entry way (s). 6 • 3.8 l,andsca i~na. Within thirty (30) days after the completion of a dwelling unit, the lot upon which said dwelling unit is located shall have in the front yard a rolled (sod) lawn two (2) deciduous or conifer trees at least two (2) inches in diameter as approved by the Architectural Control Committee. Within ninety (90) days after completion, there shall be installed in the front yard an underground irrigation sprinkling system adequate to irrigate the front lawn. 3.9 Sewer Restrictions. All bathroom, sink and toilet facilities shall be located inside the dwelling house or other suitable appurtenant building, and shall be connected by underground pipe to wetline sewer connection lines which have been provided to each lot. A11 recorded lots within this subdivision shall be subject to and restricted by the following covenants. 1. A monthly sewer charge must be paid after connecting to the public sewer system, according to the ordinances and laws. 2. The owner shall submit to inspection by either the Department of Public Works or the Department of Building whenever a subdivided lot is to be connected to the sewage system constructed and installed on and within the owner's property. 3. The applicant/owner of this subdivision or lot or lots therein shall and hereby does vest in the City of Meridian the right and power to bring all actions against the owner of the premises hereby conveyed or any part thereof for the collection of any charges herein required and to enforce the conditions herein stated. 3.10 Water Supp~,y~ Only the Declarant, or a corporation association, company or governmental entity approved by the Declarant, may act in the capacity of a water company to furnish domestic water use on any building site. The owner may not, at any time, drill or excavate a well, and shall only use water from the central water system installed by the Declarant, or the corporation, association, or company approved by the Declarant may install, unless Declarant, in its discretion, waives this requirement. Owner understands and agrees that the Declarant, or corporation, association, or government entity established to furnish domestic water, will establish rates, by-laws, rules and regulations regarding delivery of water and the maintenance of the water system, and the owner agrees to be bound by the same. 7 • ARTICLE IV 4.1 ,~Broval of Fences ReQuired. No fences, hedges or boundary walls situated upon a building site shall be constructed except upon approval of the Architectural Control Committee as provided in these covenants. 4.2 No Chain-Link Fences. Chain-link fences are hereby prohibited on any residential parcel except as required by the Declarant or a public agency to secure utility sites, irrigation or drainage facilities or other public uses as deemed necessary. 4.3 Subdivision Perimeter Fences. Declarant may construct a perimeter fence on one or more sides of the subdivision and that portion of such fence on the perimeter of the lot where the same is situated shall be maintained by the subsequent owners thereof in a state of good condition and repair. The perimeter fence will not be owned by the Declarant, nor shall said fence be subject to maintenance by the Declarant. 4.4 Design. Subject to dimensions, and location criteria which follow, all fences which are placed on any residential parcel shall be of cedar, redwood, wrought iron, brick, stone or such other construction or materials as may be authorized at the discretion of the Architectural Control Committee. Hedges or other solid screen planting may be used as lot line barriers subject to the same height restrictions as fences. 4.5 Height and Location. No fence or hedge situated anywhere upon any building site shall have a height greater than six (6) feet or such other heights as the Architectural Control Committee may specify, above the finished grade surface of the ground upon which such fence. or hedge shall be permitted in front of building set-back requirements of the front of the dwelling structure, whichever is greater, nor within fifteen (15) feet of the water's edge of the water amenity, without the prior special written consent of the Architectural Control Committee. 4.6 Site Obstruction. No fence, hedge or shrub planting which obstructs site lines and elevations between three (3) and eight (8) feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty-five (25) feet from the intersection of the street lines, or in the case of a rounded property corner, from the intersection of the street property lines extended. The same site-line limitations shall apply on any lot within ten (10) feet from the intersection of a street property line with the edge of a driveway or alley pavement. No trees shall be permitted to remain within such distances of such intersections unless the 8 • • foliage line is maintained at sufficient height to prevent obstruction of such site lines. 4.7 SpitQ Fences. The construction and maintenance of a spite fence or spite trees shall be prohibited upon any building site. The determination by the Declarant that any wall, .fence, hedge or tree falls within the latter category shall be conclusive upon all parties. ARTICLE V 5.1 Electrical and Telephone Service. All lots shall be served by underground electrical and telephone lines. The services shall be installed in street or easement rights-of-way as platted. Each owner agrees to pay for costs and hook-up charges as established by the applicable electrical and telephone utility companies as a condition precedent to connecting thereto. The Declarant shall not be liable for the cost thereof, but may recover funds advanced, if any, to obtain preliminary installation. 5.2 Platted Easements. The Declarant reserves such easements as shown and noted on the plat for said subdivision for the purpose of constructing water mains, electric distribution lines, sewer lines, gas pipelines, and such other public utilities as may be necessary, convenient and desireable for the owners of lots within the subdivision. 5.3 Maintenance Qf Easement Areas. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot except for those improvements for which a public authority or utility company is responsible. Within said easements, no structure, planting, or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance pf utilities or which may change the direction or flow of water through drainage channels in the easements. The conveyance hereby made is further made subject to the condition and agreement by which the owner agrees that, within a period of one years following the date of delivery of any deed by Declarant conveying any plot, tract or lot, the construction of a dwelling house in compliance with the restrictions herein will be commenced upon the described real property. The term "construction will be commenced", as used herein, shall require actual physical construction activities upon such dwelling house 9 • • or structure upon said real property. In the event that the owner shall fail or refuse to commence construction of such dwelling house or structure within said one year period, the Declarant shall have the discretionary option, but not the duty, to repurchase the above described real property from the owner or the then owner or owners thereof at a repurchase price equal to the purchase price paid to the Declarant, less an amount equal to ten percent (10$) thereof. In the event that the Declarant shall exercise its discretionary option to repurchase said real property, the owner or then owners of said real property shall, upon tender of payment of said repurchase price, make, execute and deliver to the Declarant a good and sufficient deed reconveying to the Declarant the above described real property. This provision shall be binding upon all persons who may, at any time hereafter, own or claim any right, title or interest in and to said real property, whether acquired by voluntary act or through operation of law. ARTICLE VII prosecution of Construction Work The construction of the dwelling house and structures shall be prosecuted diligently, continuously and without delays from time of commencement thereof until such dwelling house and structure are fully completed and painted. All structures shall be completed as to external appearance, including finished painting, installing yard turf and landscaping, within 12 months from the date of commencement of construction, unless prevented by causes beyond the control of the owner and only for such time that such cause continues. ARTICLE VIII Arghitectural Control 8.1 Architectural Control. No building shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Committee as to the quality of workmanship and materials, harmony of external design with existing structures, and as to locations with respect to topography and finish grade elevation. No fence or wall shall be erected, placed or altered on any lot unless similarly approved. No dwelling, fence, building, garage or other structure shall be built, erected or placed, materially altered or materially repaired which shall alter the surface colors or texture of any unit or portion thereof unless and until plans, specifications and color scheme have been reviewed in advance by the Architectural Control Committee and the same has been approved in writing conditionally or otherwise. The requirements as to 10 • • design and color shall apply only to the exterior appearance of said improvements, it not being the intent of these restrictions to control interior repair or alteration, with the exception of alteration of a garage or carport into a living area. 8.2 ~nnroval of Construction. Plans of all structures to be erected on any lot must be submitted to and approved by the Architectural Control Committee before any construction or alteration is commenced, and such construction or alteration shall not be commenced until approval therefore is given by the Committee. 8.3 Architectural Control Committee Discretion. As to all improvements, construction and alteration upon any lot, the Architectural Control Committee shall have the right to refuse to approve any design, plan or color for such improvements, construction or alterations which, in its opinion, are not suitable or desirable for any reason, aesthetic or otherwise. In so passing on such design, plan or color, the committee shall have the privilege in the exercise of its discretion to take into consideration the suitability of the proposed building or of the structure, the materials of which it is to be built, and the exterior color scheme in relation to the site upon which it is proposed to be erected. The Architectural Control Committee may also consider whether the proposed structure and design shall be in harmony with the surroundings, the effect of the building or of the Structure or alterations therein as planned when varied from adjacent or neighboring property and any and all other facts which, in the Committee's opinion, shall effect the desirability of such proposed structure, improvement or alteration. Actual construction shall comply substantially with the plans and specifications as approved. In the event that the Architectural Control Committee does not pct on any such proposal within thirty (30) days after complete plans and specifications have been submitted to it, said proposal shall be deemed approved. 8.4 Members of Committee. The Architectural Control Committee shall be initially comprised of Ronald Henry and Max Miller. All requests for approval of matters upon which the Architectural Control Committee has authority to act shall be submitted in writing to Ron Henry 214 S. Cole Rd., Boise, ID. 83709. Each of said persons shall continue to serve on the Architectural Control Committee until such time as he has resigned or his successor has been appointed, as provided herein. The Committee shall consist of not less than two (2), nor more than five (5) members. 11 8.5 Wight of Agoointment and Removal. As long as the Declarant shall be the owner of at least (6) lots in the subdivision, the Declarant shall have the right to appoint and remove all members of the Architectural Control Committee. Thereafter, a majority vote of the members of the Committee shall have the right to appoint and remove a member of the Committee. 8.6 Annexation and Development of New Phases Should the Declarant annex additional real property by way of a Notice of Annexation or Supplemental Declaration, as provided in Article XII herein, such annexed property, or additional phases, shall be considered as separate subdivisions for purposes of this Article VIII, and the Declarant shall specifically retain the right of appointment and removal of members of the Architectural Control Committee for each separate phase as long as the Declarant shall be the owner of at least six (6) lots in each respective phase. 8.7 CoYpnensation of Committee Members. The members of the Architectural Control Committee shall receive no compensation for services rendered, other than reimbursement for expenses incurred by them in the performance of their duties hereunder, which reimbursement shall be made by the Declarant. 8.8 Non-Liability of Committee Members. Neither the Architectural Control Committee, nor any member thereof, nor its duly authorized committee representative, shall be liable to the Declarant, or to any owner or grantee for any loss, damage or injury arising out of or in anyway connected with the performance of the Committee's duties hereunder, unless due to the willful misconduct or bad faith of the Committee or member thereof. 9.1 Governmental Regulations. Approval by the City of Meridian or any other governmental entity vested with the responsibility of reviewing planning and zoning having jurisdiction over this subdivision, of any application made by any Owner which is in conflict with any covenants, conditions or restrictions of this Declaration shall in no way affect or invalidate this Declaration, but this Declaration shall remain in full force and effect, and subject to enforcement and remedies for violation hereof. In the event that a conflict between any requirements of the City of Meridian or any other governmental entity having jurisdiction over this subdivision, the more restrictive or limiting requirement shall be followed. 12 • 9.2 Enforcement. Any Owner, shall have the right to enforce,, by any proceeding at law or in equity, all restrictions, conditions, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 9.3 8everability. Invalidation of any one of these covenants or restrictions by judgement or court order shall not affect any other provisions which shall remain in full force and effect. 9.4 Term and Amendment The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years unless an instrument signed by seventy-five percent (75$) of the then owners of the lots has been recorded agreeing to change said covenants in whole or in part. Amendments affecting annexed land may be restricted or otherwise governed by the terms of any Notice of Annexation or Supplemental Declaration annexing said land. 9.5 No Right of Reversion. Nothing herein contained in this Declaration, or in any form of deed which may be used by Declarant, or its successors and assigns, in selling said property or any part thereof, shall be deemed to vest or reserve in Declarant any right of reversion or re-entry for breach or violation of any one or more of the provisions hereof. 9.6 Benefit of Provi ci nt'IS - Waiver The provisions contained in this Declaration shall bind and inure to the benefit of and be enforceable by Declarant and the owner and owners of any portion of said property, and their heirs and assigns, and each of their legal representatives, and failure by Declarant or by any of the property owners or their legal representatives, heirs, successors or assigns, to enforce any of such conditions, restrictions or charges herein contained shall in no event be deemed a waiver of the right to do so. 13 9.7 Assignment by Declarant. Any or all rights, power and reservations of Declarant herein contained may be assigned to any other corporation or association which is now organized or which may hereafter be organized, and which will assume the duties of the Declarant hereunder pertaining to the particular rights, power and reservations assigned; and upon any such corporation or association evidencing its intent in writing to accept such assignment, have the same rights and powers and be subject to the same obligations and duties as are given to and assumed by Declarant herein. All rights of Declarant hereunder reserved or created shall be held and exercised by the Declarant alone, so long as Declarant owns any interest in any portion of said property. 9.8 Amendment. This Declaration of Restrictive and Protective Covenants may be amended by written instrument duly notarized and recorded containing the signatures of not less than two-thirds (2/3rds) of the lot owners within the subdivision. IN WITNESS WHEREOF, The undersigned being the Declarant herein, has hereunto set its hand and seal this 14th day of December, 1993. Ronald L. Henry, M a ing Partner Meridian Meadows P ers 14 .% TAX ID. NO NAME ADDRESS CITY ST ZIP 81581110070 RUNNING BROOK 2460 S MAPLE GROVE BOISE ID 83709 ESTATES 82328780010 ELK RUN HOME OWNERS 1892 S GULL COVE PL MERIDIAN ID 83642 ASSOC 82328780040 THE DEVELOPMENT 1892 S MERIDIAN RD MERIDIAN ID 83642 COMPANY 82328780050 THE DEVELOPMENT 1892 S MERIDIAN RD MERIDIAN ID 83642 COMPANY 82328780060 THE DEVELOPMENT 1892 S MERIDIAN RD MERIDIAN ID 83642 COMPANY S1119212900 GLENCO INC. P.O. BOX 851 MERIDIAN ID 83642 S1119223312 QUEENLAND ACRES INC. C/0 CAROL MERIDIAN ID 83642 LOTSPEICH1032 CAYMAN DR. S1119233630 SYVIA S. JOHNSON 2020 S. MERIDIAN RD MERIDIAN ID 83642 S1119233650 RUNNING BROOK P.O. BOX 6526 BOISE ID 83707 ESTATES S1119233905 JACK R. & CAROLYN 2190 S MERIDIAN MERIDIAN ID 83642 SIEMSEN S1119234010 LEONARD D. ET AL 2240 S. MERIDIAN MEl~IDIAN ID 83642 REED S1119244300 GLENCO INC. P.O. BOX 851 MERIDIAN ID 83642 S1224142102 DEVELOPMENT GROUP 3704 GAELIC BAKERSFIELD CA 93311 DEC 1 4 1~~3~ C1~ ~~ , , .~~.-~~~tt~1'~ 4f11~p'171Y'~"~" a.p,«eA:a:r...r~a ei~~•-: , ~ ti ~ ~. ~j ~ ~ '' NOV 10 ' 93 ~J4 t 21PM PIONEER .TITLE COMPANY ,1~ * .• , ,,,,, ~ < ~, ,., ~, ~ , ;;~ ~ ~~ ~ ~~ , r n. `,tit'' i ~ ~09~ .+ , ,'',l i ` . (:,~ ~ ; i. ~ 1 +• I ocHaane ~~-• REC~~'V'E~ r~., `. ' 's}~ f ~~i'~ ; • ~Aaeer. i :' • ' DEC 1 4 1993 c,} 1~ i ~f~.~~ ~ ~ A AARCaL on' LAND iN '='NS n01lTHMRlS OYARZ;1t f0 *a~riON 19, Y•-: e ~ ~, ~NP~Ka~ . K1lilAN • 9 N4aTN, KAN6$ 3 iABT• -80i8i ~ FISItiDiAN, ADA COVNTY, IoANO/ MOae ' r'~~ ' ~ `A Ti~;V Y DSBC~txBili :11~ °IOL~LOWiI ~i ,i{ JJ t 1 '~': ~; ; `i ~ COM.~481~iC=NO"~li' THa'~ NOI~~NW, •Z~~ a 801JSHe'0•!e ~' WsBT 163 ! ~S'RRT>~ 0!' 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THS DIVlBSON 0!' • ,. ,~,,, , , , ~HYQHWAYB A8 DSBC~,=~"xN'WAIIMNTY pRSD RZCORDiD OCTdl~lSR 97, 1!!7 AB,, tNS.ltuNaNr N0. •7Se7eZ. !!:r ~ - , ~ ,e i ?'f ~ i '~~~• ~'a ; ~ ~ • b ~,l. ~~ ~'~' ~ . ~~~~' ~ ~ 17;:'• ~°, ; ~ ' ~~...~ : • '~~ s ~~ ', ,• , . .': ', ~1 _ ,j N+,~ ~; ' ~•~'} ' %< ;i ~ ~ ~ At ~1 ~y ~~ , ,\I , , ' ~ i ,, • *~,, RECEI~IED .; DEC 1 4 1993 WHEN RECORDfiD MAIL TO: CITY ifr ~z~;:~~~~AN t U.S. Bancorp Mortgage Company ~ 545 North Benjamin Lane, Suite 105 Boise, Idaho 83704 Loan Number 30876153 [Space Above This Line For Recording Data] DEED OF TRUST THIS DfifiD OF TRUST ("Security Instrument") is made on MAY 18, 1993. The grantor is WILFORD HAMILTON FAWCETT III and BARBARA ANN FAWCETT, HUSBAND AND WIFE ("Borrower"). The trustee is U.S. BANK OF WASHINGTON, NATIONAL ASSOCIATION ("Trustee"). The beneficiary is U.S. BANCORP MORTGAGE COMPANY, which is organized and existing under the laws of TILE STATE OF OREGON, and whose address is 501 SE IIAWTIIORNE BOULEVARD, PORTLAND, OREGON 97214 ("Lender"). Borrower owes Lender the principal sum of ONE HUNDRED FOUR. THOUSAND AND OOIl00ths Dollars .(U.S.a104,000.00). This debt is evidenced by Borrower's note dated the same date as this Security Instrument.("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and .payable on JUNE 1, 2023. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest,. advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note.. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in ADA County, Idaho: AS MORE PARTICULARLY DESCRIBED ON EXIIiBIT "A" ATTACIiED I(ERETO AND INCORPORATED HEREIN BY TI[IS REFERENCE. RECE~v~D NOV 2 9 1993 which has the address of 2090 SOUTH MERIDIAN ROAD, MERIDIAN, IS1rcee) Idaho 83642 ("Property Address"); [z~P coael i lo~~l TOGETHER' WITH all the improvements'now or hereafter erected on the property, and all easements, appurtenances, and fixtures now ' or hereafter' a part of the property. All. replacements and additions shall also be covered by this Security Instrument'`A1Tof the`foregoing is referred to in this Security .Instrument as the "Property." BORROWER'' COVENANTS 'that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and~that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. .THIS SECURITY INSTRUMENT combines `uniform covenants for national use and non-uniform covenants with limited variations by jurisdictiodto Constitute a uniform security instrument covering real property. `" UNIFORM COVENANTS: Borrower and Lender covenant and agree as fol ows: . i ,/ The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity ` (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply;the Funda to pay the Escrow Items. Lender may not charge. Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay aono-time chsrge.for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides.otherwise. Unless.an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings ~ . on the Funds. Borrower and Lender may agree in writing, however, that interest shall: be paid on,the Funds. Lender, shall, givq _ to Borrower, without charge, an annual accounting of the Funds, ahowing,credits and debits to.the.Funds and,the,purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. i, If the Funds held by Lender exceed the amounts permitted to ba held by applicable law, Lender shall account to Borrower `: for. the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any r time is not sufficient to pay the Escrow Items wC~en due, Lender may so notify Borrower in writing, .and,; in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make. up the deficiency. in no ' more than twelve monthly payments, at Lender's sole discretion. ;. Upon payment in full of all sums securexl by this Security Instrument,. Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or ~, sale of the Property, .shall apply any Funds held by Lender at the time of acquisition or sale as a cralit against'the sums ~' secured by this Security Instrument. ~ ~ ~ ~ f ! 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under ' ~ paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under ~ paragraph 2; third, to interest due; fourth, to principal due; and last, fo any late charges due under the Note: ` ~ ~ ~~~ ` ~. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, f nes and impositions attributabrtle to the Property i ~ ' ~ which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any.. Borrower shall pay: these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall paythem on time directly to the person owed payment. Borrower shall promptly furnish to' Lender all notices of amounts to be paid under this ° ~ ~~ ~` ara rah If Borrower makes these a merle directl Borrower shall rom tl furnish to Lender recei is evdencin the P gP PY Y~ P PY P 8 payments. ~ : !~. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) egress in !° writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests iii''good faith'the' f ?, lien by, or defends against enforcement of thelien in, legal proceedings which in the Lender's opinion; operate to ~redetit'~th'e ~ enforcement of the lien; or (c) secures from the holder of the lien arr agreement satisfactory to Lender subordinating'thelisn to this Security Instrument. If Lender determines that anypart of the Property is subject to a lien which"ii~ay''attain priority E~ over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall'satisfy the lien or'take , one or more of the actions set forth above within 10 days•of the giving of notice. ' ' r" ` `" ' ' ~''^ 4 5. Hazard or Property Insurance. Borrower shall keep the improvements now ~ existing or hereafter erected on the ~ ~i Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including. ' ~ floods or flooding, for which Lender requires insurance. This insurance shall be maintained in'the amounts and for'the ` periods that Lender requires. The insurance carrier providing the insurance shall be chosen by $orrower subject to Lender's approval which shall .not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at l Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. ~"~' All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carver and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the ' Property ,damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower: If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier-has offered to settles claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay ums secured by this Security Instrument, whether or not then due. The~30-day period will begin when the notice is given... . Unless Lender and .Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred tq in paragraphs 1 and 2 or change the amount of the payments. If ' ' '. under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceods resulting from .damage to the Property prior to the acquisition shall pass to Lender to the extant of the suc~ secured by this Security Instrument immediately prior to the acquisition.. ;,~,. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's .Loan Application; Leaseholds.. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within;sixty days after ~ `'' f, the; execution of this Security Instrument and shall continue to,occupy,the Property as Borrower's,principal residence for at , r te....a ....e ..e..~ ~Ae.. aLe .hse ..C ............~,... ....te.,.. T e...l,.- ..aL.,.-...s -..-s~..._ ...~.7_.. ...L7..L ......~e~~ ~L..11 ....~ Le ..~s..........tt.. ~ • f .Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and.agreements contained. m .this Security Instrument, or there is a legal proceeding that may significantly,sffect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations),; then Lsnder.may do, and pay for whatever is necessary to protect the value ofthe Property and Lender's rights in the~Property.;Lender'e actions, may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying.. reasonable attorneys' fees and entering on the Property. to make repairs.. Although Lender may: take action under this paragraph 7, Lender dose not have to do so. , Any amounts disbursed by Lender under this paragraph 7 shall. become additional debt of Borrower. secunxl by this: Security Instrument. Unless Borcower and Lender agree'to other terms ofpayment,~ these amounts~shall bear:interest from the ' date of disbursement at the Note rate and shall be payable; with interest; upon notice from Lenderao Borrower:requesting' J !.'i payment. i 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required fo maintain the mortgage insurance in effect, If, for any reason; the° ~ ~' mortgage insurance coverage required by Lender lapses or ceases to be in effect,' Borrower'shall pay the premiums requital to' obtain coverage .substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously~imeffect~ from an' alternate mortgage insurer approved b~-' Lenders" If substantially equivalent mortgage insurance coverage ~ is not available, Borrower shall pay to Lender each month a sum° equal. to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when~the insurance coverage, lapsed or ceased to be in effect. Lender will accept, use and retain'these payments as°u loss reserve"in lieu of mortgage insumncd.- Loss reserve payments may no longer be required, at the option of Lender, if~mortgage insurance coverage (in the amouneand for the period that Lender requires) provided by an insurer approved by Lender again becomes available and isobtainedl' Borrower shall pay the premiums required to maintain'mortgage insurance in effect, or to'provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrov~et'Yand Leader~or ' ~. applicable law. , ~,::. ~,.pr .. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of `the Property: Lerider~sliall giwd Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential; in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby'assigned arid... ". shall be paid to Lender. .` '.`~ ~~ `r ~ ~ .'',:` In the event of a total taking of the Property, the proceeds shall be applied to the sums secured b'y this;Security ~ Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Propery' in i which the fair market value of the Property immediately before the taking is equal to or greater than`tlie amount of tlie`sums ~ secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree m writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds~multiplied by'the following fraction: (a) the total amount of the sums secured immediately beforo the taking, divided by (b)abe fair market value'of tfie '`' , Property immediately before the .taking. Any balance shall be paid to Borrower. In the event`of a partial,`taYcing'of the '' a Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums , secured immediately before the taking, unless Borcower and Lender ,.otherwise agree in writing or unless applicable law otherwise provides, .the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are .. , ,; then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borcower that the condemnor offers to make an award or settle a claim for damages, Borcower fails to respond to Lender within 30 days after the-date the notice is given, Lender is authorized to collect ...and apply the proceeds, at its option, either to restoration or repair of the Property. or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise. agree in ,writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly. payments refereed to in paragraphs 1 and 2 or change the amoupt of such payments.. ;;,, ; 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability. of.-,the original Borrower or Borrower's successors in,interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend,time for,payment or otherwise modify amortization of the sums .secured. by, this Security Instrument by reason of any demand made;byahe original Borrower, or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall, not be a, waiver of or . .. preclude the exercise of any right or remedy. ; ; . : , . ., , . 12. Successors and Assigns ; B6und; Joint and Several. Liability; Co-signers. The covenants and agreements of this Security Instrument shall. bind and ~ benefit the successors and assigns of Lender and Borcower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this.Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only tea mortgage,-grant and convey-;that `Borcower's interest in the Property under the terms of this Security lnstrument;'(b) is not personally obligated to pay the sums 'secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to:extend; modify,:forbear ; `' or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's • 15. Governing Law; Severabilitx. This Security Instrument. shall be governed by :federal ]aw and.;the law, of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security, Instrument; or,the Note conflicts with applicable law, such conflict shall not affect other provisions of this Securitylnstrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. , , . 16. Borrower's Copy. Borrower shall be given one conformed copy,of the Note and of this Security Instrument. , 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in~it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred. and Borrower is not a ,natural person), without Lender's prior written consent, Lender may, at its option, require immediate payment~in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal, law as of the date of this Security Instrument. i ! ' ~! 5 J .. Oi 4'. '. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured'by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. ~ _ ~ { 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower.. shall have ,the, right, to have ',} -' enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days~(or such other 'period as , applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security, ' Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender `may reasonably., require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the ; , sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this rf~,,s>. right to reinstate shall not apply in the case of acceleration under paragraph'17. ` ~' -~` ,k 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note'(together with this Secun`~y ~ : -~''~ Instrument) may be sold one or more times without prior notice to Borrower. A sale may result iri~a change in the'entitj- (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable~lawf'I'he notice ;-: a will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not app~y to the presence, use, or storage on the Property of small quagtities of Hazardous Substances that are generally recognized to be appropriate to noirital residential uses and to maintenance of the Property. ~ ~ *' '' Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any '~ i;• governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substancesby Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used, in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. _ , NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach o[ any covenant or agreement in this Security Instrument (but not prior to acceleration under. paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notke is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notke may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower o[ the right to reinstate`after acceleration` ~ ~ _: and the right to bring a court action to assert the non-existence of a default or any othee `defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notke, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may' invoke the power of sale and nny other rern~.dies perr:sitted by applicafle law. 3i,ender shalt be entitled to collect all expenses. incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, reasonable attorneys'.[ees ". and costs of title evidence. ~ ~ ; ,,.; ; • ~ !r If Lender.. invokes the power of sale, Lender shall execute or cause Trustee to executes written notice of the occurrence, ' , 22. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey the Property and shall surrender this Security .Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. 23. Substitute Trustee. Lender may, for any reason or cause, from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder. Without conveyance of the Property, the successor trustee shall succeeJ to all the title, power and duties conferred upon Trustee herein and by applicable law. 24. Area and Location of Property. Either the Property is not more than twenty acres in area or the Property is located within an incorporated city or village. 25. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this. Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument.. [Check applicable box(es)) Adjustable Rate Rider ^Condominium Rider ^ 1-4 Family Rider ^ Graduated Payment Rider O Planned Unit Development Rider O Biweekly Payment Rider ^ Balloon Rider ^ Rate Improvement Rider O Second Home Rider OOther(s) [specify] BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: ' ......................... __.---C~. ~_ .._ _ ............... .............................~ .......... ........................:a':::.....:•.,... Seal) WILFORD HAMILTON FAWCETT III ,• .Bo„ewa, BARBARA ANN FAWCETT -Borrower Y F i. ..................................................................(Seal) ..................................................................(Seal) ' ; -Borrower -Borrower STATE OF )DAHO ,~~A, Count ss• ...... ........................................... Y On this ..... 1$th.. day of ....MaY ...................... 19... 9~ before me, ...~;3fig~fi.rl.:..$~8e~-4~ ..................... a Notary Public in and for said county and state, personally appeared WILFORD HAMILTON FAWCETT III and BARBARA ANN FAWCETT known or Droved to me to be the person(s) who executed the foregoing instrument, and acknowledged to me that .. t.he..Y.. executed tho 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. ................. Notary Public residing at: Boise, ID 1-12-94 REQUEST FOR RECONVEYANCE TO TRUSTEE: The undersigned is the holder of the note or notes secured by this Deed of Trust. Said note or notes, together with all ' _. ~~xw .~. ~.-;~ B0`'RROW`E''R(S) F INAL CLOS ING STATEMENT Prepared by Stewart Title of Idaho REC~'~1'~~~ ~`~ ~ 8385 Emerald Street ~'° Boise, Idaho 83704 DEC 1 4 1993 ' (208) 378-1666 C11'~' C~~ .~~;li~l~ Buyer(s)......: WILFORD HAMILTON FAWCETT III, BARBARA ANN FAWCETT ~ Iender...".....:' U.S. BANCORP MORTGAGE CO. DIANE KITHCART ' Property.....`.: `2090'SOUTH MERIDIAN ROAD MERIDIAN, IDAHO 83642 Closing date..: 05/18/1993 Proration dates 05/24/1993 File`Number...: 93038734 ' DEBIT CREDIT NEW LOANS: New Loan Amount.. ... .... ........ REMITTER: U.S. BANCORP MORTGAGE~CO.~DIANE KITHC DEPOSITS: ' Deposit to lender from Buyer ... ................. `°REMITTERs U.S. BANCORP MORTGAGE CO. DIANE KITHC z PAYOFFS :'` Payoff'{Borrower) - WASHINGTON FEDERAL........... PAYEE...: WASHINGTON FEDERAL Payoff (Borrower) - KEY BANK ..................... PAYEE...: KEY BANK ~,, NEW LOAN CHARGES: Loan Origination Fee 1.00000 ..... ............. PAYEE...: U.S. BANCORP MORTGAGE CO. DIANE KITHC Loan Discount Fee - ... .... .......... .. .5~ DISCOUNT .~5 FORFEITED STANDBY FEE~1.00000~ PAYEE...: U.S. BANCORP MORTGAGE CO. DIANE KITHC Appraisal Fee - CHUCK GOSSETT... .... ....... PAYEE...: U.S. BANCORP MORTGAGE CO. DIANE KITHC Credit Report - CREDCO......... .. .... PAYEE...: U.S. BANCORP MORTGAGE~CO.~DIANE KITHC Tax Service Fee - TICOR REALTY TAX SERVICE....... .PAYEE...: U.S. BANCORP MORTGAGE CO. DIANE KITHC Document Prep Fee - UNDERWRITING FEE ............. PAYEE...: U.S. BANCORP MORTGAGE CO. DIANE KITHC .Flood Certification - NAT'L FLOOD INF SYSTEM..... PAYEE...: U.S. BANCORP MORTGAGE CO. DIANE KITHC INTEREST CHARGES: Interest Adjustment New Loan.. ... ... ....... .from 05/24/93 to 06/01/93 ® $ 12.47000~per day PAYEE...: U.S. BANCORP MORTGAGE CO. DIANE KITHC IMPOUNDS/RESERVES: Hazard Insurance 9 month(s) ~ $58.50 ............. PAYEE...: U.S. BANCORP MORTGAGE CO. DIANE KITHC County Property Taxes 8 month(s) ~ $75.24........ PAYEE...: U.S. BANCORP MORTGAGE CO. DIANE KITHC ESCROW CHARGES: Escrow Fee ............................. ......... PAYEE...: STEWART TITLE OF IDAHO, INC. 66,287.64 28,835.98 1,040.00 1,040.d0 425.00 65.00 62.00 200.00 10.00 99.76 526.50 601.92 t 357.00 104,000.00 1,085.00 ~ ~ rower Final Closing Statement (continued) ile Number...: 93038734 DEBIT CREDIT RECORDING FEES/TRANSFER CHARGES: Recording Fee D/T amount $24.00. ... ......... PAYEE...: STEWART TITLE OF IDAHO,•INC. MISCELLANEOUS CHARGES: Federal Express/Mail Fee .. ...................... PAYEE...: STEWART TITLE OF IDAHO, INC. ......................... .. ..". ..SUBTOTALS: •••••••.• ................BALANCE DUE~TO BORROWER: ..........................................TOTALS: 24.00 12.00 100,497.80 4,587.20 105,085.00 105,085.00 105,085.00 WE APPROVE THE FOREGOING SETTLEMENT STATEMENT, IN ITS ENTIRETY, AUTHORIZE PAYMENTS IN ACCORDANCE THEREWITH AND ACKNOWLEDGE RECEIPT OF A COPY THEREOF. i DATED THIS ~ OF IN THE YEAR ~~ S ~' i ~~ ~ [~ + .. WILFO HAMILTON FA III BARBARA ANN FAWCETT STEWART TITLE OF IDAHO, INC. BY : ~Qm~ DATE : Jr '/ ~ • 93 1