The URL can be used to link to this page

Haven Cove AZ PP~~~~G~G67cJ DEVELOPMENT AGREEMENT ~ ~ - . ~ ~ - ~_ _ .3 d~ THIS AGREEMENT, made and entered into this f ~ ~i day ~ _ ~ ~°~~'x ~ ~~'..,,- 1994, by and between the CITY OF MERIDIAN, a municipal corporation of the'~tate~ofIdaho, party of the first part, hereinafter called the "CITY", and INTERWEST DEVELOPMENT, party _ of the second part, hereinafter called the "DEVELOPER", whose address is 3350 Americana- _ Terrace, Suite 200. Boise. ID 83706 WITNESSETH: WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning of land; and WHEREAS, the CITY has passed two development agreement ordinances, one when land is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned, 11-2-417 D; and WHEREAS, the DEVELOPER has submitted an application for annexation and zoning, or an application for rezone, of that certain property described in Exhibit "A", and requested zoning of RR=4 and has submitted a subdivision preliminary plat for said property which has been recommended for approval by the Meridian Planning and Zoning Commission; and WHEREAS, the DEVELOPER made some representations at the public hearing before the Meridian Planning and Zoning Commission as to how the land would be developed and what improvements would be made; and WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or rezoning of property; and WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this agreement and acknowledges that this agreement was entered into voluntarily and at its urging and request; and WHEREAS, the DEVELOPER, as sole owner of said land, has made request to the CITY to have the same annexed to said CITY, or rezoned, and has submitted to the CITY a Plat thereof which has been approved for annexation by the CITY and as part of the annexation or rezone the CITY adopted and approved Findings of Fact and Conclusions of Law; and, Rev. 10/ 18/94 HAVEN COVE SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 1 WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and WHEREAS, the said City Council in the Findings of Fact and Conclusions of Law annexed or rezoned the property subject to de-annexation if the DEVELOPER did not enter into a Development Agreement. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: DEVELOPER agrees, and hereby binds his, its, or their heirs, successors and assigns to this agreement, in consideration for the annexation, rezone, or the non-de-annexation of the area, as follows: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 2. That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit "A", only construct single-family houses and that all such single-family houses shall have at least 1.400 square feet of floor space, exclusive of garages. 3. That the property zoned RR=4, described in "Exhibit A", shall have lot sizes of at least eight thousand (8.000) square feet, which is the size represented at the City hearings, and shall meet all of the requirements of the RR=4 zone and have no duplex units, townhouses, or patio homes constructed on said property. 4. That there shall be no change to increase the number of lots or reduce the size of lots as shown in the preliminary plat submitted with the request for annexation, zoning and preliminary plat approval, which is incorporated herein as if set forth in full herein. 5. That DEVELOPER will, before annexation, or de-annexation, file or cause to be filed with the City Engineer, a complete set of "Subdivision Improvement Plans" showing all streets, utilities, pressurized irrigation facilities, sewer, water, drainage, street and other similar signing and barricades, and other such improvements contemplated within the subdivision, which Plans and all improvements shown thereon shall meet the approval of the City Engineer. The Subdivision Improvement Plan, or Plans supplemental thereto, shall also show the proposed location of pressurized irrigation facilities within or that may affect or be affected by the development. Said Subdivision Improvement Plans are incorporated herein and made a part hereof by reference. 6. That DEVELOPER will, at his or their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs, gutters and sidewalks, pressurized irrigation system, Rev. 10/18/94 HAVEN COVE SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 2 electrical transmission lines, natural gas lines, telephone lines, sidewalks, cross drains, street, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Subdivision Improvement Plans. DEVELOPER shall also install telephone, electrical power, gas lines, and television as required for the development. 7. That DEVELOPER will construct and install all such improvements in strict accordance with the filed and approved plat and Subdivision Improvement Plans, and the City Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the time the construction of said improvements is accomplished, or as otherwise agreed between the DEVELOPER and the CITY if the standards and specifications are more restrictive and onerous at the time of construction than at the time of execution of this Agreement. 8. That DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of when and of what portion, or portions, of said improvements he intends to complete and the time schedule therefor; and agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the City Engineer. 9. That DEVELOPER will have "corrected" original drawings of the Subdivision Improvement Plans of all said improvements prepared by a Registered Professional Engineer and will provide the CITY with said Plans or a duplicate mylar copy of said Plans. The Subdivision Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location (both horizontally and vertically) of the various water and sewer lines, all utility lines, and pressurized irrigation lines and their individual building service lines, the curb and gutter alignment and grades, etc. The "corrected" Subdivision Improvement Plans shall include a "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans of the various improvements are true and correct and that he (the Registered Professional Engineer) has inspected the construction of the various improvements (water lines, sanitary sewer lines, pressurized irrigation lines, gas lines, electricity lines, storm drain lines, sidewalks, curb and gutter, street paving, etc.) and that the materials for and the installation of the same were all done in conformance with the applicable City Standard Engineering Drawings and Standard Engineering Specifications governing the construction of these facilities. 10. That DEVELOPER will, immediately upon the completion of any such constructed portion, portions, or the entirety of said development, notify the City Engineer and request his inspection and written acceptance of such completed improvements. Rev. 10/ 18/94 HAVEN COVE SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 3 11. That DEVELOPER agrees, that upon a fording by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion, or portions, or the entirety of said improvements need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the CITY, the DEVELOPER will thereupon, within a reasonable time, construct said needed improvements, or, if he does not so construct within a reasonable time after written notification of such Council action, and the CITY thereafter determines to construct, and does construct such improvement, or improvements, the DEVELOPER will pay to the CITY the cost of such construction, in such manner and under such terms as the CITY shall order after conference with the DEVELOPER. Provided, however, the City Council shall not make the fording set forth in this paragraph except at a regular or special meeting of the City Council and unless the DEVELOPER has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be present in person or by counsel, and to be heard on the merits of the proposed finding. 12. That DEVELOPER agrees that upon his, its, or their having received written notification from the City Engineer, that any of the requirements herein specified have not been complied with, that the CITY shall have the right to withhold the issuance of any Certificates of Occupy within such annexed area and/or shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed area until such time as all requirements specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its decision shall be final, except that the rights of the parties are preserved at law and equity. 13. DEVELOPER agrees that, in the event any of the improvements required herein are not timely installed, the CITY may, at its sole option, install the improvements and declare the entire cost of said improvements to be immediately due and payable and may seek to collect such sums in the manner provided by law, or may pursue any other remedy set forth herein or as may be available in law or equity. In the event of such declaration, all sums due shall bear interest at the prime interest rate of First Security Bank of Idaho, plus five percent (5 %) per annum, until paid. 14. That DEVELOPER agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement, to secure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, pressurized irrigation system, landscaping and berming, and fencing. In Rev. 10/ 18/94 HAVEN COVE SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 4 the event of DEVELOPER'S failure to complete such installation, the CITY may install such improvements and, without notice, foreclose this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of Idaho; provided further that upon request of the DEVELOPER, the CITY will execute and deliver a partial release of the lien created herein against all or any portion of the subject land, upon completion of that portion of the total improvements installed which relates to the percentage of improvements that have been installed as compared to the total amount of improvements. The CITY further agrees that, upon request of DEVELOPER, the CITY will, by written agreement, subordinate the lien created hereby, to any mortgage, deed of trust, or other security device required to secure the payment of any loan or advance made to DEVELOPER for the sole purpose of financing the construction of improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall first warrant and represent in writing that it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will take reasonable precautions usual and customary to the fmancing and lending industry to ensure that the loan proceeds or advances will not be used for any other purpose. The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure the installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 15. That DEVELOPER agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the CITY and the DEVELOPER have entered into an addendum agreement stating when the improvements will be completed in a phased development; in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 16. That DEVELOPER agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in Exhibit "B" attached hereto and by this reference made a part hereof; and agrees to construct a perimeter fence around the entire parcel prior to any construction, except where roadways and streets for access are located and except where the CITY has agreed that such fencing is not necessary. Rev. 10/ 18194 HAVEN COVE SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 5 17. That DEVELOPER agrees that any notice required by this Agreement shall be given at the following address: CITY of Meridian: DEVELOPER: City Engineer Interwest Development City of Meridian 3350 Americana Terrace 33 East Idaho Boi e, ID 83706 Meridian, ID 83642 18. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 19. All covenants and conditions set forth herein shall be appurtenant to and run with the land and shall be binding upon DEVELOPER's heirs, successors or assigns. 20. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 21. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the CITY of Meridian. Rev. 10/ 18/94 HAVEN COVE SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 6 DATED the date, month and year first appearing. DEVELOPER: INTERWEST DEVELOPMENT By: Name: A. n r Title: President By: Name: Bruce W. Blaser Title: Secretary CITY OF MERIDIAN ~T G e,~. .~ ~°`Fw ~ Y V f '' ~'_ Grant P. Kingsford, Mayor ~ ~ i t .. Xx ,h ~~! ~'' ~ err ` ~ `~ ~ }~ ~ ~ k~ ' a . ~ ,~~ B - ,. ~' ,~~ William G. Berg, Jr., City Cl rk _ . ,_ 4 /~ Rev. 10/ 18/94 HAVEN COVE SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 7 STATE OF IDAHO ) ss. County of Ada ) On this ~ day of ~ , 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared A. Leon Blaser and Bruce W. Blaser, known, or proved to me, to be the President and Secretary of said corporation that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. , .. ~~-` ,. , ?,'t J ~ ~ ~ ~. . _ _ . r ~ (~~ 4~) r ' :_ ';: .; STATE OF IDAHO ) ss. County of Ada ) N My Commission Expires On this ~ (o~day of nre-~ b e r , 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared GRANT P. KINGSFORD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ~~trras 4S`4afi I 't a '. a° ' ` 4 -~~ (SEAL) .. . J ~ ')'; . ~~ ~ 4 4~ Iii .. .. .. '~.,~e ~/~ ' Yom, r ~~. ie' (~ No Public for Idaho si ng at: _~Pr ~` d ~ ate. y ommission Expires: %q Rev. 10/ 18/94 HAVEN COVE SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 8 ~`ollins engineering Company, Inc. 3350 Americana Terrace Boise, Idaho 83706 (208) 344-4451 ~~'IBTi "A'~ HAVEN COVE No. 5 LEGAL DESCRIPTION THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUAR"TER OF SECTION 1 I, T. 3 N., R. 1 W., B.M., ADA COUNTY, IDAHO. .~-,,~~ ,~- .-`.~ E ~'ti ..:' . -, ~ ~ HYDRAULICS HYDROLOGY HIGHWAYS CIVIL ENGINEERING LAND DEVELOPMENT SURVEYING PLANNING EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND INTERWEST DEVELOPMENT This subdivision is for 74 single-family dwelling units with an overall density of ~,,7 dwelling units per acre. The DEVELOPER shall: 1. Tile all ditches, canals and waterways, including those that are property boundaries or only partially located on the property. 2. Extend and construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines. 3. Construct curbs, gutters, sidewalks and streets to and within the property to Ada County Highway District and City of Meridian standards. 4. Dedicate the necessary land from the centerline of Pine Avenue for public right-of--way, including necessary bike lanes. 5. Inform lot owners that they may have to pay any development, impact or transfer fee adopted by the CITY at the time of request for building permits. 6. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the CITY. 7. Provide atwenty-foot (20') landscaped strip along Pine Avenue to be maintained by the Homeowners Association. 8. Construct and install pressurized irrigation to all lots within this subdivision, with evidence of approvals from appropriate imgation district/canal company and any downstream water users associations submitted to the City. 9. Provide perimeter fencing, except where such requirement has been waived in writing by the City, prior to obtaining building permits. 10. Provide pedestrian walkways in accordance with Meridian City Ordinance 11-9-605 C. 11. Reserve Lot 41, Block 1 for a sanitary sewer lot as well as a pedestrian/bike path which shall be fenced on both sides and surfaced in accordance with Ciry of Meridian Public Works Department Standards. EXHIBIT "B" Rev. 10/18/94 HAVEN COVE SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 1 of 2 . . 12. Provide a temporary turnaround on Lot 36, Block 1, until such time as a future road is placed to connect. EXHIBIT "B" Rev. 10/ 18/94 HAVEN COVE SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 2 of 2 Meridian City Council November 15, 1994 Page 9 Kingsford: That is certainly true of the plat, I wonder, we don't sign it until we have an agreement on the other items. Am I right, ought we be doing the agenda item 4 first? Agenda Item #4 which is the ordinance? Crookston: I have no problem with adopting the annexation ordinance. Kingsford: I think that is an issue right now. Crookston: That is a separate from the plat. Kingsford: I noticed that when I looked at the agenda. Is the Council comfortable with me reading the introductory to the ordinance and acting on that? Ordinance #675, AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public that would like Ordinance #675 in its entirety? Is there a motion on the ordinance? Yerrington: I make the motion that we approve Ordinance #675 with suspension of the rules. Tolsma: Second Kingsford: Moved by Max, second by Ron to approve of ordinance #675 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie ~ Yea, Tolsma -Yea MOTION GARRIED: All Yea ITEM #5: TABLED NOVEMBER 1, 1994: PRELIMINARY PLAT FOR HAVEN COVE NO. 5: Kingsford: Further questions or comments about that? I might ask Mr. Smith, did you have a chance to review those, all the lots meet the requirements of that zone and so forth? Smith: Yes, Mr. Mayor, I looked at the revised preliminary plat the applicant had submitted and the number of lots are the same as what was submitted originally.. The 20 foot landscape strip was added along Pine and some of the lot configurations were changed along there because of that change in the depth of those lots. But it appears that all the Meridian City Council November 15, 1994 Page 10 lots are of adequate size they do have frontages that meet the ordinance requirements. And the rest of the plat is the same as it has been at least the same as the last revised copy was. Kingsford: Any other questions of the Council for staff? Mr. Berg, you then did not receive those covenants? (Discussion Inaudible) Kingsford: Maybe Mr. Collins you can fax a set of those revised in the morning to Mr. Berg's attention. They did remedy all the questions of legal counsel had? Did they remedy all those questions that Wayne had? Mr. Collins nodded in the affirmative. Is there a motion on the preliminary plat? Again to have that hammered at the preliminary would be appropriate to make that a condition of the preliminary plat approval if they meet Wayne's approval Tolsma: Mr. Mayor, I move that we approve the preliminary plat for Haven Cove No. 5 with the restriction that the City Attorney review the changes in the covenants to make sure that they meet with our standards. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve the preliminary plat for Haven Cove No. 5 conditioned on the City Attorney's review of the restrictive covenants to meet staff approvals, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: TABLED NOVEMBER 1, 1994: DEVELOPMENT AGREEMENT FOR AVEST: Kingsford: Counselor, have you reviewed the Avest development agreement? Crookston: Yes, I have, I reviewed it with Shari and it meets with our concerns. Kingsford: Any comment Shari that you have on it? Stiles: It has changed only slightly from what you have had in your packets, they wanted, they had a question about pressurized irrigation and in talking to Gary and talking with them again they .have agreed that they will do the pressurized irrigation. They had a problem with a little bit of wording about the land, using the land as security but Wayne and I, Wayne said that they could deal with that with an addendum if it indeed did cause Meridian City Council November 1, 1994 Page 9 MOTION CARRIED: All Yea ITEM #5: TABLED OCTOBER 18, 1994: ORDINANCE#675 -HAVEN COVE N0. 5: Kingsford: Mr. Smith, Gary on this one, would you like to field that, again we had a meeting with the engineers and their client. Smith: Yes, Mr. Mayor, yesterday Mayor Kingsford and I met with Leon Blaser, Dave Collins and Dave's assistant Chad and we discussed the Exhibit B, some of the requirements in Exhibit B of the development agreement. Specifically, a specific item discussed was the landscape berm requirement along West Pine. The concern of the developer was the point in time that the requirement was made for the 20 foot wide landscape easement slash common lot area. The developer's engineer after my review of the plat reduced the amount of right of way from center line from 33 foot to 30 foot which allowed him to gather 3 feet and add to that the 7 foot common lot area that he had provided on that plat for a total of 10 foot common lot. In combination with that common lot area would be a 10 foot easement on the back of the lot, those lots that back onto Pine, W. Pine Avenue. And this total would be 20 feet then, 10 feet of which would be a common lot, 10 feet of which would be a landscape easement. The developer agreed and you might need to correct me on this Mayor Kingsford, I believe the developer agreed that he would stipulate in the covenants that fences would not be built along that berm area other than what he termed a landscape fence. Which would basically as I understood it consist of plantings rather than a fence structure. This would allow the lot to take full advantage of its depth which would basically be to the center of the berm. So that there would be 8,000 feet of usable lot area. Short of doing this would require redesign of the subdivision t believe at least to some extent and probably the loss of some lots because the depths and the widths of the lots and the area of the lots are 8,000 square feet roughly, even though some of these lots are culdesac lots and are larger than that there are some lots that would back onto W. Pine that would require some modification and possibly the loss of a lot just because of the way the street configuration is presently existing. But his biggest concern was the point in time that the landscape strip was brought to his attention and they have some concern about the definition of or the application of the landscape strip to separate different uses or I believe the definition uses the word major roadway. So there is some concern that they have, the developer has and his engineer over the terminology for the requirement of the landscape strip. Those were I think that was the major issue that was raised. Kingsford: The issue again came up and we might want to clarify our perimeter fencing and there was concern, they thought we were talking about a permanent 6 foot board fence or whatever and I don't think that was ever Council's intent. It was a fence to contain debris during construction, if I am correct. So we need to clarify exactly what that fences roll is. Meridian City Council November 1, 1994 Page 10 I don't know that we necessarily have to change the ordinance but in applications we let them know what the purpose of that is. One comment further as we visited, I think that for us to require a 20 foot common lot would require this application to go completely back to Planning and Zoning and start over again. You would be moving a street, you would be making a substantial change in the subdivision after they have been in a final plat that might be a bit of a late stage. They are very willing to comply with that 20 feet if 10 foot of it is easement they have agreed to stipulate that there would not be a fence on it to break that up which was Shari's concern with regard to that item on Exhibit B. Any question from the Council either for myself or the Engineer who didn't get a chance to vote the other night. Morrow: Where did the confusion come about with the 20 foot common lot, how did this get to be an issue? Kingsford: It got to be an issue as Shari reviewed it and deemed that Pine was a major transition, a major street and required that 20 feet of landscaping. Having not had a planner before that a lot of our ordinances were not enforced, they weren't reviewed and weren't found. I think that is where that came out. Her concern then was that if you have 10 feet of common area and 10 feet of easement that people will build and encompass their entire !ot and you wouldn't have that 20 feet. By having that in the covenants and a letter stipulating that I think we have at least covered the intent of that without making a complete redesign and sending it back to Planning and Zoning. Morrow. Pine is classified as a collector, is that your determination as a major street? Smith: Well, it is classified as a collector, 1 don't know what a major street (inaudible). Kingsford: That is not something the highway district uses in terms of a major street as a classification. Smith: I guess in terms of standard residential street, escalating from that point upward the collector street is next and then minor arterial and then your major arterial. Morrow: The intent was that would have, Pine is a collector so collectors have 20 foot landscape berms, is that the intent of the ordinance. Stiles: Our ordinance actually says highways, but it also defines highway as a street. So Mr. Collins was arguing well we had to require it on every street including local streets if we were to interpret it that way. When it came up to this subdivision, I was not thinking only of the amount of traffic that is going to be on that roadway, especially when it is a though all the way to Boise, but what exists across the street which is I believe about a 35 Meridian City Council November 1, 1994 Page 11 foot landscape common lot. So it is not only, I see it as not only buffering the people from the noise of the street but also as enhancing the appearance of the street. Cowie: Mr. Mayor, Shari, did I understand it that they go 10 foot and then the other 10 foot would be the easement. Were they going to put a fence or anything on the top of this berm or is thing just going to be a grass berm and they are behind that? Stiles:. Their original proposal what we received from them for a development agreement said that they would have a 20 foot berm with a fence on top of it. Which would essentially leave 10 feet. Kingsford: What they have agreed to now is that it won't be fenced now in the berm area in that 20 feet. Morrow. My other question is that we are not a long ways down the process here they haven't received approval yet of their preliminary plat. We are not to the final plat stage. Kingsford: They have been through P & Z and got their approval. What is the position of the plat now, what stage are they at? Stiles: They have yet to receive preliminary plat approval at Council level. Kingsford: They have gotten it at P & Z and they have had their public hearing. Stiles: Yes Kingsford: We are at a stop because of not being able to do anything with the ordinance which we have a problem there in terms of not approving the ordinance because of its language requiring a development agreement. Tolsma: We still don't have a development agreement. Kingsford: I think we have an acceptance by the owner of everything on the development agreement except this issue with having a 20 foot common lot, is that correct? If you v~uld come up and state your name, I don't' want to speak for your client certainly: Kinkela: I am Chad Kinkela, I am representing Leon Blaser, we submitted a letter today with Mr. Blaser's intent on the berm and had him sign that along with a revised Exhibit B that he also signed as vve discussed per our meeting. Our intent is to have 10 foot dedicated as a public lot and 10 foot easement with a landscape type fence on top of the berm allowing the 10 foot to be used both by the common lot as a landscape striping and Meridian City Council November 1, 1994 Page 12 to be used as open space for the lots. Morrow. Now say that, in terms of a fence on top of the berm? Kinkela: Yes, as in shrubbery to help buffer the lots. Morrow. Not a fence? Kinkela: No not a fence. Kingsford: They are talking about plantings. Corrie: And you will do the whole 20 foot in grass, the back part? Kinkela: To my understanding it will be landscaped I don't know how it will be landscaped it will either be grass or beauty bark and shrubbery. Corrie: But it will be the same on both sides? Kinkela: Yes Tolsma: The back half of this then will not be part of the property of the homeowner then? Kinkela: Yes it will but it will be an easement a 10 foot easement, to my understanding that is how it will be. Kingsford: We are talking about the 10 feet closest to the street, it will be a common lot of the entire subdivision, 10 feet then closest to the lots will be owned by the individuals but they will not be able to build the fence on it. The only fencing would be plantings. Kinkela: Correct, and atl of this will be maintained by the homeowners association. Kingsford: If they build a fence it would then have to be in side of that 20 feet. Tolsma: (Inaudible) Tolsma: And this basically is the backyard of all of these people that front this. Kinkela: Correct. Tolsma: How does that affect the setbacks of the houses and stuff like that? Meridian City Council November 1, 1994 Page 13 Kinkela: I don't know anything about that sir. Kingsford: That is going to depend on the kind of house that you decide to build on it. Tolsma: But then do they classify then the setback of the house from the top of the berm or from where they are going to put their fence? Crookston: The setback is measured from the property line which would not be the easement line. Kingsford: So it would be from the top of the berm. Well, again I think the intent of the landscaping, berm or whatever it will be known as is to protect the buyer and enhance the appearance of the City particularly on what in essence would be double fronted lots, to protect those backyards. And maybe that ought to be the definition if the lot is going to be double fronted it has to have a certain width of landscape berm. That issue I guess is are you satisfied with the amended development agreement that the only thing that has changed from Exhibit B then is the acceptance of 10 feet of easement instead of 20 foot of dedicated lot? Tolsma: Who maintains this (inaudible) each individual property owner that abuts up against this maintain this? Kinkela: It was my understanding that the whole 20 feet will be maintained by the homeowners association. So it will actually benefit the lots that they will have a nice backyard, a nice berm to look at that is landscaped and well kept. Tolsma: Well, if this was a double fronted lot then (inaudible) wouldn't be but 3 foot tall then. Kingsford: I am sorry. Tolsma: If they fenced the backyard of these houses at the bottom of the berm 10 feet back then if it was classified as a double fronted lot then the fence would be the same at the back as is at the front. Kingsford: No Tolsma: You could still put a 6 foot fence in the backyard. Kingsford: Yes, I can't imagine a person necessarily wanting to other than to keep renegade children in or dogs. It would certainly restrict the size of their lots to put a fence Meridian City Council November 1, 1994 Page 14 in side the berm. Tolsma: That would have to be part of the deed restriction then also (inaudible). Kinkela: Pardon me sir? Tolsma: That would have to be part of the deed restriction probably at the sale of the lot then that they couldn't build a fence outside of that easement. Kinkela: Right, that is part of the letter that we sent over that Mr. Blaser had signed that said that would be part of the restrictive covenants. Kingsford: Who did you send that letter to? Kinkela: I believe that was sent to Shari. Kingsford: We are trying to determine who might have received the letter? Will said he didn't, we didn't get one in our packet. I don't know who was the recipient. Was that had carried? Kinkela: Yes it was. Kingsford: Who did you had carry it too? Kinkela: I personally didn't hand carry it, it was carried by our secretary. Smith: Mr. Mayor, I received a copy of it and Shari received a copy of it but it was addressed to the City of Meridian and we were shown that copies were sent to the Mayor and myself from Collins Engineering. So I don't' know who would have received it other than the copy that I received and that Shari received. Kingsford: Well, as 1 look at this it states effectively what we have been talking about. When Gary and I talked to Mr. Blaser yesterday that was required that we placed that we have that by noon today. I guess we did I don't know what happened to it when it got here. Gary, in your reviewing of that did that meet with what vve had discussed on yesterday? Smith: I guess I didn't look at it too closely because I thought it was going to everybody that was on the list. When a letter is addressed to the City of Meridian and I am the only one that gets a copy of it I guess I don't quite understand why Will Berg didn't get a copy of it or why the Mayor didn't get a copy of it. Meridian City Council November 1, 1994 Page 15 Morrow. Mr. Mayor, this is just for point of discussion, I personally have some real reservations about this project and who is going to do this and who is going to do that. The fact that it hasn't been submitted to the City Attorney for review of the development agreement that we are getting a letter at this point in time to put all these things together. My concern here is that we have talked about these things, yes they will be incorporated in the covenants and restrictions but there is a world of difference between which is a preliminary plat time and the covenants and restrictions and it can easily fall between the cracks. My preference would be that all of these things that we are discussing if we are going to approve the concept of the 10 feet plus the 10 feet be addressed in the development agreement that is submitted to our City Attomey and to our staff folk in that form and that format and be all part of one article so it clearly spells out who is going to do what, what the agreements are. I have real discomfort with trying to do this piece meal and trying to make sure that something doesn't fall by the waste side. And those are just points that I raise as discussion. Kingsford: In difference to those comments Mr. Morrow, I feel some compassion for developers that can't meet with us as a group because that violates the open meeting law, by the time all this transmittal takes place and they get back to what they need to do there is a lot of confusion. This is something that has been (End of Tape) require the development agreement. Is it reasonable at annexation, is it reasonable at final plat. We have some of each out there and I think that is confusing to developers. Morrow. Well, I think that is an issue that we address when we are re-doing our zoning and development ordinance things that is part of the package that we address at that point in time so we get some consistency. And obviously at that point in time we address apparently what the definition of a street is, a major road, a double fronted lot, those are all real valid points in terms of having it in writing somewhere so somebody can tell what it is they are dealing with. Mr. Collins by nature would question whatever a street was because it could be definition from a gravel road through a freeway and everything in between and that is a point that is well raised by him. Kingsford: Well, I think at issue still with regard to this is it your desire that this thing goes back and start over with the platting process or is it your desire that you accept the 20 feet 10 of which is an easement. I think the developer has a right to know that at some particular point in time. Tolsma: Is this what you had in mind Shari, this 10 and 10? Would that be adequate for that Pine Street comer out there? Stiles: I guess I would say that no it is-not really what I had in mind but the ordinance doesn't specify that it has to be a common lot. I think that by what they are proposing they Meridian City Council November 1, 1994 Page 16 are essentially going to have 10 feet of a landscape strip along the street there. And whatever is going to happen to the back part of that is anybody's guess. Also I would like to mention that the development agreement has not been signed with this new Exhibit B. That is just for your information that we don't' have anything in hand that has been signed by them on this. Kingsford: Where is physically the development agreement that has been amended by your client that you spoke of? Kinkela: There should be a copy that, Exhibit B was the only portion that was amended and he actually physically signed the back of Exhibit B to ensure that. Kingsford: In this document that we are addressing right now? Kinkela: Yes Kingsford: I didn't look at the back of it, is that on there Walt? Morrow: There is an Exhibit B which is actually pages 2 and 3 and there is a signature, a non-notarized signature in terms of obviously it doesn't have any contractual significance. Cowie: Mr. Mayor, I still have some trouble with this 10 foot, the covenants said they can't build up on that, what is to say that they can't. The covenants seem like they mean nothing around here half the time. If they want to put their fence up on top of that it is still their property. I don't know if you could it somewhere in the plat or the deed. But I have a feeling in the back of my mind that you have going to have homeowners that say this is my property and I will do what 1 want to with it whether it is 10 foot or whatever it is. They may put their fence back and there is nothing we can really do about it nor could you other than the covenants and like I say those sometimes mean absolutely nothing. I am not comfortable with it either. Crookston: To answer your question Mr. Mayor, he has, I assume this is his signature, I believe that I have seen it before and I think it is his signature. It is not notarized and the document is not part of the entire development agreement. I think that they need to be in one document. I have not had a chance to review this Exhibit B, I have reviewed an •initial development agreement, but I have not reviewed this. Smith: Mr. Mayor, may I address a question that Councilman Corrie asked. On the fence, there would need to be a not on the plat that specifically restricted fences from being placed on that property line which would be at the top of the berm. If we don't' do that a fence will go on the property line at the top of the berm, you are exactly right because I Meridian City Council November 1, 1994 Page 17 have seen this happen out in Candlelight Subdivision as regards Nine Mile Drain. Where the property line is on the other side of the ditch, the side lot lines run through the ditch to the other side and the property owners feel that is their property and it is with the exception of the access road and our sewer tine that parallel the ditch. So they fenced their sideyards out to the ditch. And with the exception of busting through there with maintenance equipment to maintain our easement that is all we can do and we have to replace everything. So I think from a technical standpoint that the property owners would fence to their lot line unless there was something on the plat that restricted that. I don't know if that is as legal or as easy as simply putting a not on the plat and showing that the property line cannot be fenced. Maybe Wayne would have to research that and respond to that, but somehow, some way there would have to be a restriction that would be very evident, very prominent otherwise that will happen. And I don't think that is the intent of the developer, that is what they expressed to Mayor Kingsford and myself that wasn't the intent. But when the property changes hand and the developer is gone and the second owner takes over things get forgotten and so .forth. Morrow. I guess from my standpoint 1 am not willing to vote on anything concerning this project until some of these things are cleared up and in writing and in the property format. And this seems to be a continuing process for this particular subdivision. I think if I remember correctly most of the time it has been tabled over the course of the past 3 months has been because of the failure on the part of the applicant or engineer or somebody within that system to do things correctly. So I am compassionate to what you say with respect to stringing folks along but in this case it has been of their own causing. And here we are again with something that has a whole lot of gray area. I sense from the staff and from Wayne that none of them are comfortable, I am certainly not comfortable with it. I think that I will put a motion before the Council to table this until all of these things are in their proper format which would be our next meeting of November 15th. I don't have a problem with the concept of the 10 and the 10 but I think we need to have some safeguards and some definitions there. So I would move to table until November 15th. Yerrington: Second Kingsford: Moved by Walt, second by Max to table this until the November 15th meeting. I just as point of discussion before the vote, that I can appreciate the developers frustration, they had a meeting with me and with Gary, they have met with staff several times and tried to work it out. And 1 will agree with you that most of it has been their fault. I think that they are meeting all the intent of that development agreement from my perspective. I think that if you guys do this it will be my position I am not going to meet with the developer and try to negotiate anything. Because I have absolutely no hand in it then. So that is your decision. Moved and seconded, all those in favor? Opposed? r ~ / Meridian City Council November 1, 1994 Page 18 MOTION CARRIED: All Yea ITEM #6: TABLED OCTOBER 18, 1994: PRELIMINARY PLAT FOR HAVEN COVE NO. 5: Kingsford: I assume then you are going to table Item #6 as well. Tolsma: So moved Morrow. Second Kingsford: Moved by Ron, second by Walt to table item #6, preliminary plat for Haven Cove, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: AMENDED ORDINANCE#654 -AVEST ANNEXATION: Kingsford: AN AMENDED ORDINANCE HICH HS DESCRIBED AS THE SW E/41 OF THE ZONING CERTAIN REAL PROPERTY W SW 1/4, SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public that would like Amended Ordinance #654 read in its entirety? Is there a motion? Morrow. Mr. Mayor, I would move that we approve of Amended Ordinance #654 with the suspension of rules. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve Amended Ordinance #654 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #8: DEVELOPMENT AGREEMENT FOR AVEST: Kingsford: Counselor, have you reviewed that? Crookston: Yes I have Mr. Mayor, both Shari and myself have looked at it. There have ~j~. No RAPID LETTER ,,(/, CARBONLESS ~ CARBON NOTE: Send White and Pink copies. ~,Q~ Sender retains Canary copy. ® FORM 3801 REQUIRED TRIPLICATE v l~~~l ~ ~% /~S Collins Engineering Co. , Inc. TO /~ j /'~ l 3350 Americana Terr. Suite 120 C1 ~-~d--' / i lQ~/~~ Boise, Id. 83706 s~ / ~,~ ~'~~~~ • _ (208) 344-4451 SUBJECT ~~~ ~~ A ~Q f DATE MESSAGE ~ l-~'-~ ~'''~ ~~J ~---~ ~avQ.vl C~~ moo. s re~s-~r~c~ee.~ ~~~,~;~. . ~~ /~,, SIGNED ~~/~GGG~~.. ~ ~ ~../ DATE REPLY SIGNED roes®FOaMSeo~ urNOin~iisn REC1PiENY: REPLY ON I's?VI< COPY - RETAIN W ITE COPY ~.E~~~.~ SEP 0 6 ~00~ Cl~'~` t~~~ i~~~~~p~i'~i HAVEN COVE No. 5 SUBDIVISION RESTRICTIVE COVENANTS The hereinafter covenants subdivided COVE No. ~ Township .. Idaho. undersigned, being the owners of the property described, do hereby adopt ttie following protective in their entirety to apply to real property '~o be and contained in a subcllvlslon to be known as HAVEN Subdivision, a portion of the N 1/2, of Section ll, North, Rarige 1 W~:st, Boise Meridian, Ada County, The paid HAVEN COVE N0. 5 Subdivision is divided into single family residential lots in compliance with the local and stag: regulations and laws. The following covenant.: shall run wit~r the land and be in force and effect a.~ outlined bel+,>w unless or until terminated by agreement of the owners of seventy--five percent (?50) of the Iand in tree subdivision and after all lots therein have been sold by S. I. Development Inc., hereinafter called "Developer.". Modification or termination of the=sc covenants earl or:ly bo made with the consent of the Developer while any lots iri this subdivision remain in tY~ie ownzrrship of the Developer, and are a~s follows: (I1 No building, fence, wall, strur_ture, improvement: ar obstruction shall be placed or permitted to remain upari any part of said praperty unless a written reciuest far aUprf:val tYiE'rCaf containing the plans and specifications therefore, iricludinkl exterior color scheme, has been approved in writing by the Architectural Committee. The approval of the Committee :~t~all not be unreasonably withheld if the said plans and specifications are. for improvements which are similar in general design and quality, and generally in Yrarmony with the dwellings then located on said property. (2) Variances in building set-back reyuirernent~~ shown on plat rndy be t~ivc>I~ by tYie Architectural ~ammittek~ open proper Shawlri~~ ar.d sa long as the Meridian City or~inurice:~ an .yet`-backt~ are met. (3) The ground float area cif any on~~ story pause in this :subdivision st-~all not be less that 1400 square feet on the grour~id fit?:>r excluding covered por~_h areas, brt~ezeways, garages or. patios. Twa-scary and tri-loVk-''. hams:;=i :~riali ;gave =lot less tiian 1400 square feet, exclusive of the covered porches, entrances, garages or patios. One-level harney:~ with basements shall haven mirrimurn of 2400 square feet with the ground level having ~~ minimum of 1200 square feet, else excluding covered porch areas, breezEway•~;, garages or patio.:;. (4 } Tt~~e value of cacti constructed re~idencc s.rall equal or exceed $90,000 based on Jan, 1994 values. (5) The deign of cact_I tl~use in this subdivision sh,.3il endeavor to include aesthetic yu~alitie;~ such as b.ric_~k, redw~,~~d, cedar, .:atucco, or stone facings orr the front expo:~ure, bay windows, roofs of at least.. 4 in 12 pitch, broken xoof line.,, gables, hip roofs, etc. Exterior colors of earth tones or grays shall be encouraged. Bright or bold colors, or very dark colors shall be discouraged. (6) No gravel roofs, split entry homes, or moving of pre- built hornes into .subdivision sl~ali Yee all:~wr°d. ('7} All lots shall be provided with « drivc:wuy containing a rnininlurrl square footage such that two off-street autornobile parking spacES are provided withi~a a=he boundaries of each lot. (?1 Ail' such parking area requirements shall be exclusive of a required attached and enclosed two czar garage area which will hold no lea than two cars alid nu more than three. (9) For the purpose of the covenants, eaves, steps, ant open porches shall nut bt° cur~sidered as Y;;~rt of a building, provided, however, that thi:~ sha' l nc3t tai: corlstr ued to pc~rn;i t any portion of a building ors a lot tip t~ncr,7act~I upoli another lot. Na building /hali bf~ in ex:ct;ss of two staxies above: rlatur,al ~~round level. (10) Fence:> shall riot extend closer to arr~J street tt~ian twenty feet (20 nor higher than six (6) feet without express approval of tyre Architectural Calrlmittee and tt-Ir: Meridian City Council, and shall be of good quality and workmanship and shall be properly finivhed arld maintained. The location of fences, t-irrdges, t7i.gh plantings, obstructions or barriers shall be so situated as not tc unreasonably interfere with the er„oyment and use of neighboring proper`4ies and ,streets and shall not be allowed to constitute an undesirablc~ ur noxious or nusarlc.~e use. The determination of t}ie ArrY-~it~~ctu::al Cumrnittee sha'.1 be bindincl on all parties as to whether ar: uncles iraY~le, noxious or nui~w.;ance use Exists . (11) No Duplex or multi-faltiz:iz~ tlirz.ldint3 shell t1e located within ttie boundaries of this subdivision. (12) Construction cif arry residence: on the subdivision shall be diligently pursued after commencement thereof, t~.~ be r_ampletPd within eight ($) mor.t,hs. 3 (Z3) Landscaping of front yard is to be within 30 days of substantial tonipletion of home, or within 30 days of occupancy, to include but not be limited to sod iri wont yard, or.=e flowering tree of at Lease 1 1/2" caliper, t~iree (3) five gallon plants and five (1) one gallon Chrubs. IrT the Event of undue harp?ship due to weather conditions, this provision may be extended for a reasonable length of time upon written approval of the Architectural Committee. Grass will be planted in the back yard within orre year of occupant}J. (14) Eacri home is to have a photo-Sen:~itivE yard or house. light installed such that t}1e front yard area be~:wer~rT the tlouau and the lror±t property Line is iiurr~inated. "'he li.g'it is tc b~: designed to auf:ornaticaliy switch c-,ri at sunset and Off at sunri~.e with a minimum bulb power of ~0 watts. (I5) No building •shall be moved onto the premises. (i 6) No shack, tent, trai s.c'_r house, or basement only, srial l be used wittliri the subdivision for living quarters, permanent or temporary. (17) Nothing of an offensive, dangerous, odc,raus, cr noi~~~y kind shall be conducted or carried on nor :hall anytYiirlg be done or permitted in :raid ~~ubdiv:iaiori whicPl may be or become. an annoyance or nuisance to tYle„ other praperty owrre: s in :~ai.d t cu;. tci less (4 ) subdivision. Wet:d.~ shall be ?:ep ' than four inches. (18) Keeping ar raising of farm animals or poultry shall bE. prohibited. A maximum of 2 dogs and/or 2 eats or other household pets kept on these premise::; ~:~hall bo ;properly f~~d and cared for and shall be adequately fenced ;~o as riot to annoy or trespass upon the use of the praperty of others and comply with Moridiarr City code. Any other requests by Lot :purchasers must be approved by the Architectural Committee. Dogs shall not be allowed to run at Large. (19) ado busines~~ shall be conduct`°d on t'ie abovE property unless lf_~gally permitted under the exivting and prevailing Meridian City %one restr:iction;~. I1- permitted, no business cr r_ammercial user :~trall be allowed that carTnot be conduc;:ted with iii tte re:~idenr_e ~~f they owner. 'tiC~ ;~ign~; shall bey installed to advertise said .~T~siness. No oiI ~-exploration or devi:lopment of any nature or kind or mining exploration, develop~me~nt or structure snail be permitted upon the Iuts in this subdivision. (20} Only one (1) outbuilding per lot will be allowed. All outbuildings shall be constructed of good quality building material, completely finished and painted on tt-a(_ outside i1a .:hall be of good ~;uality and character that will be in harmony with tfie other buildings ors paid property and must be approved by the Arct-iite~~tural ~ornmitt~:c.. (21) No building or structure ~>riall be placed on said property so as to obstruct the winc.ows or light of any adjoining property owner in said subdivision. (22) Add itior;al a.asemtrnty: In addition to any easements shown an the recorded plat.., an additional (5} foot: casement: may be reserver i1vF (:~) Beet Or1 any ilt.ie oi_ ail oLrler ed:~~itie[i~ lines, if r1~CeSSary, fOr the insi.allatioll and IliaiIlt`I-i~i7CF'. Ox utilities, irrigation and drainage (a) Witriin these easements no strur.turf~, planting or other material shall be placed or permitted to re>main which may dam.~gc- cr intF~xfer~a. with the iri~tal.'._:at:ion and maintenance of the utilities, or wt~iicti may change tl;f:: direction or flow of water_ through drainage channels in the easemer~tJ. (b) The ea.~erne nt area of each lot and tall improvc~ment~ in it shall be maintained continuously by tr.e ownex of the lc~t, except for those improvernent~ for w~~ich a public authority or ' ty i::` rfrsizonsii?~e. in i.ti -~ (2~) Thi:~ s~rbdivi~i~I~ is within the Narnpa-Mt'ridian irrigation District and subject to any and all ~~ssessments of .paid district. (~A) All bathroom, sink and toil.f}t facilities shall be located inside the dwelling k~cu:_~t, or other suit~ablf:y appurtE:~nant bu.ildiny, and shall be c:c~nnected by underground r~ipF~ to wet line sewer connection lines. (25) No sign of any kind shall be displayed to public view on atcy building or building site on said iroperty except a professional sign of not rnoxe than five (5) square feet ac3vertisin<.~ the property for sal. f=. car rent, or signs used by the developer to advertise the property during construction andsaiea period. If a property is sold or rented, any sign relating thereto sha?1 bf removed imrnediutely, t~xcept: that t:.ce Df~clarant: Or its ag(~Lt1,t Illay port ~z ~~;iUit.'.~~ ,.:>(Jt fOr ~i rL'c~~~t)rlablE: perlOd follaWi.nq the ._ i-ilE~. 5 (26) No lot or building ;site included within this subdivision shall be us~:d or rnaint~~ined as a dumtring grourrd for waste material. Inr.inerators art I~ot permitted. Rcceptacle.~ for storage of trash, garbage, Ltc., shall be maintained in a ;unitary and clean c~orrditiorl. ( 2.7) Parking of rt=crrational vehi.~les,, boats, trailers, motorcycles, trucks, truck-campers and like equipment, ar junk cars ar other unsightly ve~ric~les, ~~hall not be allowed on any part of said property nor err public. way:.. adjacent thereto excepting only within the confines of an enclosed garagE°, or other approved enclusurf_, and nc1 portion of carne may project beyond the enr7 csed ar~~« . nark in= of ~=utornolr i les or other vehicle,a oIr dr;y party of tyre property or on pubi,i.c~ ways adjacent tt-iereto s1^iall bc~ prohibited except witYrin garagF~;, carports, or other ,:c~~pruved area;. Ttio Arc`,~itectraral Committee ;hall be the sole and exclusive judges of approved areas. Tht:.ir dc:ci~;ion is final and binding. (28) No machinery, building equipment or material shall tae stored upon 7ite until ttzo Grarrto=~ is r:~ady and able to commence the constructiorr with respect to such building n;ateriala which Cheri sY;ali be placed within the property line of such building site upon which the structure i::, to be erLcted. (29) Installation of radio and/or television a:iterlnae or satellite dishes is prohibited outside any building without written CaI1Se11t from the Ar..i~~Yritectural Committee, which would require therYr to be ~;~~re~rr~d from street view. ( 30) These covenants aha1l rurr wittl the land and shall be binding on alI persons owning under them for a period of ttitirty (30) years from CYre date elf Chi:,.: recording thereof, after w'1ic:,h time such cavenant~; shall ue autoniati~:ally F xtE,rtdECa far suc~c:ess ive aer iods af. ten (10) yearca, unless at any time after the initial zer.ardirrg of 'this in;trurnent, an in~;trurnent :;maned t.ry tyre owner:a of 75% of the land of this suhdivisiol~ Y~ras bean recorded agreeing to change or terminate said c.c;vellant_ iri wflale ar p.-~r'.~ and after alI late thf~rein have teen :~~rid may t}~~e Developer. Modification cr terrninatior~ of there covenants ran only be made wiCh the cunsetZt of the Developer so lotlri as any lots in this subdivision remain it1 Developer's awnfur.srrip. 6 (3y} L'nforcr~merit against ~Iny per~~on or persons violatirr:i or attempting to violate any covenant Herein after ten (1u} day., notice thereof in writing served on t;"re offending party,hail be had by any property owners within said subdivision ei.t.7er at law or equity. In the went of judcX~>ment against any person for `such the Court may award injurictiot7 against any person far Suct", violation, require such compliance a:, tare Court deE:m.> nE~cessary, award such damages, reasonable counsel fees and Court coSt::~ aS may be suffered or irrcurrecl, and sucrr othF,r or f.urthor reiiF~~f ~1s may be deeme~' ju:~t and equitable. (32 } Any Owner, or t?-re ownE~r of any recr.,rded rnortgac~e rpon any part of said property, >tiai.'. trav~ tho right to r:.~nforce, by proceeding at law ar in equity, ail restrictions, conditions, covenants, reser_vatians, lien`:;, and chargc~J now 1~t;~reafter irtrpused by the provisians~ of ttrE~ Dr-_~claration. Failurf~ by any owner. to enforce any covenant or restriction herein contained st~,all in ria event be doerrtf~~d a; a waiver of thE~ right to do :~o t'Iereaf.t.f~r. (33) A committee of thr~:o peraans shall act as an architeci:ural design committee ar,d .hall, prior. to any riErw c`c:;::.-trUCtit~rt I"1 said :~ubdlvsic~n, be ftlrllished With one Set oi: detailed plans and specifications of any propor,ed bui~.ding to lie located in Jail subdivisiori.~nd shall be allowed ten (10) days to review said plans, drawing:,, =;rnu specifications. If said cornmittr;e shall approve of tide ~~ropaSF°d building, or modification or alteration thereof, they shall So indicate by the c~atirrg and c~igning of tyre set of pier;:; by ,~ member of the conutrittee, and +Lheir. approval shall b~ curiStrued as full compliarico with the provisions of Paragraph One (1} of thf~ ari:~inal covenants. aaid committee shall have sale di~~cretion to doter;nir~ck. whet shall be substantial compliance without prior consent of said committee. '"he c:omrnittec~ shall t.:arrsi~?t of thy: following: A Lean Blaser 3875 Twilig:it Dr. Boise, Id 83703 Bruce Blaser 4378 Kitsap Dr. Boise, Id 83703 Lee R. Otucker. 2605 W. CI,Nrry Lane Meridian, Id $364?_ After tt-ie developF~r has sold all the ].atS rr this Sl1bd1V15i0I7, the Architectural Review CornrnitteF: Shall be t:t~rneca over to ttic^ residf=nts o-~ the str;divi.fbon and not befoiC. Amending theSE covenants St"iall nc:~t affect tt1i~ provision. A majority of saki cornmittec: is empowerE:d to act for th€° c:ornmittee. In the event arty member of the committee is unable to act or fails- or desires riot to act, the remaining ~:arnmitte~: members shall appoil;t an owner of a lot in said subdivision to serve on said committer;, ai_l of whom serve without corrtpenst~t.ion. 7 (3~'~) Damage to Improvements: It shall be tY~ie responsibility of the builder of any residence in this :subdivision to Leave .street, ,curbs, sidewalks, fences, and tiled irrigation lilies if any, and utility faci.Iiti.es free of damage and in good and sound condition at the conc~iu~>-ion of the constr..uction period. Fine grading on eacYi individual lot s,i~:Ill be requited to conform to `~`:t} master drainagE: plan of tho subdivi:~ion. It shall be r_onciusiveiy presumed that all such improvements are in good, wound condition at thc-~ tirnc_~ ;~uildin~~ is begun on each lot urtle~s ttie ~oritrary is shown in writing at the date of conveyance or by date of poss~:ssion, whit"ruvE°r caa`:E a:iall first occur, wit}"; n~;tic~e ~~ddressed to a member of the Ai~c:hite.~tural Committee. (35) Invalidatiuri of onc, oi: th~:se covenants sriall in r7 C) way affect any o` the other pravi.:~ions which siiali remain in full force and effect. HOME OWNERS ASSOCIATIOiv' (36) Membership: Every person or entity who i.`:i a record OWner (inClLldirig COI1traCt SellE'rS) (]i ~ f~_'t'_ or I,rndVi.C,ted fee interest i.n any lot located withir, said property .~itall by vlr~tut~ of such ownership, be ,~ rnc~mber or the Association, When: n;are tti<:in one per;~an holds such irttc:rest in any occupied lot, all such persons shall be mF~mbers. The foregoing is not ir~tencled to include persons or c~ntitie::~ who hold art interest merely a security for the performance of ~~n obligation. Membership :steal,. be appur teliar~t to acrd may not bra separated from owlier~hip of arty such lot subject to assessment by t'ie Aasociatiort. Sucit owne7-~.hip of any aucYl l.c,t shall be the sole qualification fur becoming a member, grid si~tal?. autonl~ct.ically commence upon a f;cr;~on Lecomirtg luct-t owner, and shall automatically terminate aril lapse, when sueYi ownership in said property shall terminate or :,e transferred. Thr~ Association s:iall maintain a member list and may rec;uire writterl ~irooF of any rnembe.r's lot ownership interf~st. A~ additional p:i«se:~ of HAVEN COVE SUBDIVISION are formed and brought to completion, tlie~ new i}'rtase will autornatic:ally be TritegYatE:d tiirOligh anllE:i{atlon Irit(:) tiie As7~Jl7L~1%Sti.Or1, Wltii all restr~.ctians and prtv~leges applied. The financial reports, boors and records of the Association may be ~xarnined, at reasonable titues, by any rnelnbe.r car rnoxt:gagE.~F. F (37) Voting Rights: Euc:r rnernt7er uliull be entitled to cast ozir vote or fractional vote a:~ set fc~rtli t-iereirr for t,~ch lot in which he h~~'_ds the interest reciuir~d for nrembc:rsYiip. Orriy otie vote shall be cast with rasped tU e..icti lot. Tate v:.:tc~ appli~.able to any lot b~:ing sold under a contract of sale shall btr exercised by the cantract vendor utiiess .,lie writ:"Tact ~sxpre:~;~'_y pravi.da:.~ otrierwi ae and fire Association ha.a been notified, in writing, of such provision. Voting by proxy shall be permitted. (3g } Officers and Directors : At an annual raeFr•tin:~ called pursuant to notice as herairr provided for e;~tablislirnt~rit of annual assessments, a Board of Directors of the Association shall be electec by ballot rf thole attending ~=~aid rneetin~; attd vt.~tirtg by proxy, provided that t'rie total cJf all votes .ast ::;Mail represent a quorum as hereinafter provided. iOr c`.i perk There shall br_ three dir~:ctors elected to serve ~ Of thrE'E=' y03rS. EiPCtiOn ~~ilatii. IJtO .may pOE7u'~C VUt~., the I10rt11r"I('_OS .rec:eivi.ng the three highe,t vote totti~l:, :,hail be deemed elt~c:ti'd. Each member ::>liall be entitled to vote for threw nomin~.es per membershif%. In the event any director sltall be unable to troraplete thr~ term for which elected, the rentaitiing directors are empowered to appoint a substitute to .nerve out the unexpired term. (39) The Association shall apar-ate, control and rn.3i.ntain any common a1 e,~s . The Ass aciation shall have the r iglu to daciicatf=: or transf~^r all or any par'. of the common areas to any public erititY, authority, or utility fcr suclr purpo:~~.> ant. yhu, J+,c` t:o •w~ucYr conditions as may be agracd to by the membF:rs. Nu such condition to transfer shall be effoct:ive uri7.c~;ss author irE:d ley mE~rnber.s entitled to cast two-ttiird:~ (i; 3) of file rrra)or ity of the votes :~t a special OY gerrEral mE:rilx%LY"~S mE',E`tiny anC~ ari iC2titYllntl~'l;t `:ii~C1E'.C :3y the Chairman acrd Secretary liar been recorded in the appropriatE~ county dead records, agreeitr(~ to ;such dt,dicatiuri :t.r t,~an:~F~~r, ,gin' unle s written notices of proposed ~~ctioai i:~ sent t~~ evirry rnerttber not ies than fifteen days (15} rrar ritore than t'r-ri.rty (30) days prl.Or t0 SUCii dedlCatiOn OI" transfer; acrd tilt ASSt~C3.at].C3rt Sl'rali have the rigi.t tc~ suspend any voting right. io1: arty period during Wh1Cl7 aT1y aSSeSSnlerit agalri5t Said rtlember~S p~"Operty rE'ma1nS unpaid; and for a period not exceeding thirty (3(3) days for f~•acl"r infraction of its publialied ruler and regulations. (90) Eai::h owner of ariy act r;y ratification of t:tiea;~ covenants or by acceptance of a deed or ~c~n;.racY: of purctiasa titE'refC)rE:, wllethC% cIr r;ot lt: ~l"icii bF' i1 E`7it1rC-'~..-'~t:'C irl arty SuCI"1 deed or other conveyance or agreement for cc~t.vcyancf=, is t:ic=_eliiF,u to covariant diid agree to pay to the Association (1) regular annual or other regular periodic ass:~ssnients or. cir.~r,~es. 9 (2 } ;;pec:ial assessments for capital improvemell`~;., such a:~sessments to be fixed, established, and coliectecl from tirr[e to finis as hereinafter provided. Ttie regular alid special assessments, together with such interest theroorl and coot L?f c.olleGtion thereof, as hereinafter provided shall br a ch,~rge on the land and shall be a Gontinuincl lien upon the proi~erty ac,:.~.nst Wi11Ch SuGtl aSSF'S51nt'Tlt l;:i rllade. Eactl ,~1_ICtI dSSE"i;~nleT'1}, togl~ther with such interest, costs anti reasons=rble attorney':.= fef~.s, :hall also be the personal obligation of the per~;an w}lo wars thG owner Of :7uC:r1 LirCi~iF;~±:~ at ':: `I E: i:lnlt=' ."-~U~='fI ~`JiC>O'~~:urfteT"lt Wav levlF.d. Tr1E' ObligatlC)rt ;lhaii rP_r11aiT1 a 11lwr: vI1 ti1tJ ~)r.oper'~y until pall Vr forer..losed, but shall. riot b~~ a personal obligation of successors in title unless expressly a,-, ;:,urneu. The asse~sment~ ievicd by the Assoc iatit;rl :,i•_r1i noi. be used for any purpose other tilotn the improvf~rnent grid maintf~nance of ariy area designated a~ a Cornrnon Area, the uenerill. opc~ratiuns of th.e: HC~n1e Qwnerv A;iaOClatlori, Cyr any ot.lf~r are; (!'C.rnF'd TrC..:!_';~;1c~ry ~'~ ttie Home Qwrlers Association. Sulijec°t to the above provision, the Association ~irec:tora ;~h~~.1. deterrnine~ the u;~e of aase..51r(1r~~rlt r:roce.ed~ . in addition to the re:gul~ax~ dss~ssnle.nts aut,iL~rized above, the Association Inay levy lrl and' i3SSi'.~'cirneIit year, a SpeGlal ass~~'s:~nltm"i7t applicable to that year only, for tl-:e purpo_>r~. of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or roplacem~~nt of a capital ilYrprovenlcant, provided the as;~ent of a two-thirds (2/3) majority of tl"Ie complete vUtes represented by those niernt:ers wtlo tlr!_~ voting in per;~orl or by proxy at the meeting duly called for this purpose i.s obtained, written notice of which shall be sent to all members not les:~ t}earl f fteeri (1~ } hays Ivor rilore than thirty (30) days iIi advancr; of t.IE~ meetiic~ settirry forth the purpcsc: of tPIP mettiny. Both regular asvessrnents arld ally special assessments nlt~at be fixed at .~ uniform rate for all lots and may be .~ol.lec~~tc~d on sln annual, quarterly, or l;ionttily oasis in tha discre+~ion of the Directors. (~1} At the first meeting called, the f;re.senc~e at the Ir[eetin<~ of membera oz: of pr.r:xies to Gaut sixty percent (600} of all votLJ of the members shall Curii,tii:t:te a quorurl. If the required quorum i:7 not forthG.~ri[ing at any meeting, arlotYler meeting may bF~ raped, 7ubt:Gt ~a t'i,c notice requirement.. No ,subsequent meeting shall be ha's"d more trie'en sixty (60 } d~~ys following the date of. the me:cting at wYlich na quorum wa~~ fcrthcolning. (42) FEES Aril lot~~ w>hall fi>!;t b~. subject to an initia? set up fee of $1G0. In addition +~tl;; ~~rIrII_ca.'<. a:~ae~smerit a;~ ~ir"vi~?eu for herein is $20. The annual ~~ssessment is due or: i:h~ first t}ay (~f a necw year. The Board of DirC.c:'turG~ r.=.hall fix tho amount oL= 1 it the regular assessment at leant thirty (3C) days iri advance of each assessment pz~riod. Written entice of the: assessment dates shall be established by t'tie Board of Director. The Association t- shall, upon demand ~ti. arly 1f:u~`.iOl`i::ial~~ tin1L, fiirni5rl ~ C'erti_~C:a "E.' in writing signed by ,:gin affi~er of tht~ Association settirlq forth whether the assessments on ~t particular lot have br~r~rl pain. A PaSariabl_e: C'ilaY'gr= may iJtr made by else BOart~ f()r the iS;~Uar1Ce of these certific:atos. Such cer_i.:ificate:s sriall be conclusive: Evidence of payment of .any assessment therein statF:d to Have been paid. (43) Any asses:sm.wnts whic~l are not paid when dui; shall be delinquent. If the assesamerlt i:~ not paid within thirty (~J) days after the due date, the ct`:~~os5nlelit :lti~~ll bear irlt<.rest frolr~ the date of de:l inquency at the rate of ir' ic~~iteen percent (18°%) per annum. The Secretary of the said Asvoci.ation ,hall file in tt1G office of the County E2ecord~:r, Ada County, Idaho,. ~~ lien reflecting the amount of any such charyov or assesuntonts, together with interest, as aforesaid, which have become delinquent with respect to any I,ot ari said property, and upon payment in full thereof, s~lail eecute and file a praper release of the lien reieasirig trio sateen. The aggregate amount of ~;uch aS3esSrnentS, together Wlt~-1 1Titt~rE::~t, c.ast~ aril eXpeIlSe;a ~irld a reasonable attorney's fee for tkie filing and erlfarcerne.nt thereof, sY'lall constit,~t{~ ~~ li~~rl url the whole lot (inclu~din-g any intprovemerit located thereon), with rf'apeCt to wilier! it is filed from the date the Iieri i. filed in thL office of the said County ReCOrder for Ada CoUTity, dahe), t,:lt7tli the Sa11lE' iiu~~ ;~)e'e'.11 p<:'z1C'1 Or released as hereili provided. SucYi lien n~tay b~ enforced by said Association in the maziner Ilravided by law wit}1 respect to lik}ns upUn rf=al props=~rty. T,io own~z.: of s`~ira ~;roperty at the time 'said aSSeSSmP.rlt Iv levied ~i~lali be. pE'_rSCln~xl.y i labl~ fe)r the ~XpenSr"~~, C"OStS and dl~buri~t:mP_r1ts, il]CIUC'11C] attol'rley':a fees Of the Declarant or of the Assaf: i «v i orl, a: tYlo ca7e may be, of prt7C:eSSing arld if riP_Ce ~Sary, E?11fOrCir)tj Sit(=:it flee':;, cti.i Of Wf11Ch expense, casts and disbursements and attorney's fees s:iall. be secured by raid Iieri, ir.cludirig all. aforemelitialied expeliJes, cost:;, disbursements and fees on appeal, and ;uc.i owner at. the time such assessment is levit_d shall :a7_so tae lia:~le for any deficiency rF~maining ur)paid after arty fareclo:>ui~e sale. Nci t;wner may waive ol/ otherwise esc--ape Liability far the: assesslr)~_snts provided fe;r herein by non-use of Corrcrnoli Arena of abandonment of his lot. (44) The .;4~1e or tran~e:r of arty lot or any at'ier ;.?art ~: acid property shall not affect tiie as ~essment lien. No Talc or tran:~fer shill relieve such lot from liability fear any asst.ssments t:tleroaftF:.~r ;~ecorrting due ar frolrt the 1ie11irlg thereof. (45) The following proporty :subject to this De;,:lara';.iar, shall be exempt from the assesarnc.nt;_; err>atc~d hc_rein: 1 .i (a) all proE,i:rtie:a expressly .le.dicatczu to ~.ind acceptf>ci by a local public aut.iorty; (b) any other prope.rtie~ owned by the Ass,~ciation. (46) The Association shall prepare an annual budget wtlich shall ].ndlCatC' anticipated 't[tailci*~E'mE':rit, operating, "t[idiritGn~xr1CE', repair aiid other conunori expenses for the Association'r~ next fiscal year and which shall be sufficient to pay all E:~ltimated expenae~; and out]_ays of ttio A~:~ociati.on fur tliN next calendar year growing out of or in corinf_c~#,#.on with tiiE' maint~~rlanc:e~ and operation of common areas and improverne_:ricMs grid may include, ainorig other t,Brigs, ttie cost of mairltenarice., mariageirlerlt, .,pc~rial ci.-°seSaltierlt:~, f1rE, i~aSU~zlty ~3riu pUbiiC. liability lrl~~tlrani".~_', r.omnmoii lighting, iai7dscaping, xnt~ care of grounds, repair., renovations, alid paintings tl) (:`oIQinOri arF_;a:~, :irtOw rt,rno'v'al, W~ag,'s, water cilarges, legal and ac:countiny fees, nEanagerG~erlt, fee: expel7seS and llablllt~'a lI7CUrred by t}ie Ai;~OCation f+.'1r11'e +~ previous period, and t#ie creation of any reasonable contingency or other reserve fund, cis Weil as all CtJ'v'tS .~r1CG ~:~pEnSt::i re~.~~ti7~ to the r_ommon area and i mpr ovi~nic•nt:~ . (47) T;ie Association :;hall be re:~porisibie for th~~ re.pair,, upkeep and ir~ainte.nance, normal servi~:iri~, gar.c?ening, t~ul;~:~ ar,d regulations for u~c, care, ~~n~a safoty, annual ~'_.~iiti:ig of flowers (lf any), pti=yrllPnt c)f bills aTi~' r:eiat:cu e:~perl:~o: fOr xTly COmi~;on Areas. The Directors shall. becc?mt t,-~e Ar-chi#.ectural C~.;rnrnittE~e ,Is :?ri ttit~ silo. o~ ..ie past lot _.~ any provided in Paragraph 33 up ~ ~.,_ ,_ _ future phases of leaven Cove Su:.,divi:~ion. (48) Thy: Board of Directors are empowered to obtain appropriate liability, casualty, firs: or errors or umi_~iorls or other insurar:ce: to propr:riy protect the actions of the Association or facilitie:~ maint~iined, owned or controlled by ttie As~aciation as a cost to t~i,v Association. (49) Invalidation of one: o{ t,iese Covenants sl-iall in no way affect any of the other provisions which shall reniaili in full .Force and effect. ~~ A. Leurt Blu.:~=~r, ~~~~s3 id=~r.t STATE OF IDAHO ) `.- COUNTY OF ADA } On this th day vi _, 1992, bf~fore me, a notary publics in ~~rid for said State, ~;ersonally ap~t~a~ed A. Leon Blazer, known to mE: to be th~~, Bresid~:nt of S. I. Dev~~:~oprnent Inc, wtrose name is subscribed to ttie foregoing inatrurnent, and acknowledge°d to me th«t he executed the ame . Notary Public ~LSi.Cliiig cat: _.. Commission Ex~:ires: Fes,cov Ambros, Fitzgerald, & Crookston P.O. Box 427 Meridian, ID 83680 ' Attn: Wayne G. Crookston, Jr. Re: Haven Cove No. 5 Warrenty Deed. Dear Mr. Crookston, 9 August 1994 Please find enclosed a copy of the warranty deed still lacking from the Haven Cove No. 5 file. A copy was sent to Shari Stiles at the City of Meridian for their file as well. We are working on getting a new letter from the Conrads giving their permission to re-zone the property at 2470 W. Pine St. This letter will be notarized. We will send that to you as soon as we get it. If you have. any questions, please do not hesitate to call - 344-4451. Sincerely, ~i'~0~1U11~ Maura Olson Collins Engineering Co., Inc. cc: Shari Stiles file r, WARRANTY~~`DEED ~~ ~ ' t 8944339 _ ; ,~~ , ~, MOON, a widower RECEIVED ` EARL 1 FOR VALUE ~, f~i :>F r h ~ ~~~~~ ONVEY unto ~(~t;RANTOR(s) does(do) hereby GRANT, BARGAIN, SELL and G .~~' ~~ ,~ r, r(;~ VRAD and JOANNE C.'CONItAD, CO ~Cr ~ ~ GERALD L `S~ ~` husband and wif e . • {~ C ; .~ v.hos8 current address Is: 2470 W. Fine Meridisn, GgANTFE(S) Idaho gCounty, Stale of Idaho. . Ada 1ne Ioi'nwing described real property In I„crp parl'c'.alaily described aSIOIIOwS. 10 wl": arter; of the Northwest quarter of Section 11, ;The east half 'of the Southeast qu 1 West, Boise *teridian, Ada County, Idaho. Township'3 North, Range I TO HAVE AND TG,HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns forever. Ahd the rata Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Giantor(s).islare the owner(s) ih lee simple o` said premises: that Bald premises are tree lrom aFl encumbrances, EXCEPT those to which ihts conveyance is expressly made subject and those r chtds ofuv' ate ar d done:' by 'the Grantee(s); and subject to reservations, resincuons, dedications, easements, y aereements, fl any) of record, and general razes and assessments. (inctudiny irngation and utility assessments, it any) for ;he Curren; year, which are not ye; due and payable. and that 3ran'crlsl ~~~I' ~••~arran; and de'end 6he same ~rorn au lawful Cl~~.ms whatsoever. n~'~.! `;en~e^..he: :3. ? X99 EARL `100N Idaho Aoa STATE OF ...................... County dl ,...:.... .......:, ss.. 13th. September On this ........ t ca.gQ day pr m the Year or ..•..~• oe'ore Te, the undersigned a tiotary P~blip in and Ipr saiC Stale, Personally appeared gar). ?loon ........................................ known or Identllled to me to be the person .....whose name .~" ~#9flljlt~~3,rlbed o the wilhfn Instrument, and ,,`~~~~4•~~df hit ~...h~e-y~~xa<Ut-eytl, t~h ~, seTB. d`ypTARY• • ' ,~~ - Lois Nichols K~^ ............... ......................... ~e~ • or~+mo'Ma ....... ~~,; PUTiL1Ge~hgp' fir. ,...,~.:23:'y3 ...... . .. . ....... •. ~~3-23-;93 • y~'p~nleflbn expires; ...•.• •• ' aTATE-0F IDAHO. COUNTY OF~.f' .-C'~~e , t hereby Certify that this Instrur~.,nt a~ tttEd for retard at the request of ~'"~ "'_1~ f' F3CSOZ'G` at •~-~,~ m~7nule~s:-toast ~/0'dock ~ m.. this ~ /J.~(~!'... day of /;y~~~ Ig ~~, in my o i antl duly recortled in ~ooK i n' ~~ Cs a'. cede ~o~. ,e.--t;,~ rte r/r „~ . Ex-Orf tCto Recorder ~ By ....................... .... / peDUtY• ~~ ~. ~eei M,tH to. c ~~• "`' ~.$o'tse T1tie & Escrow, Inc. RE~E~~~~3 AUG 1 2 1394 Ci'Y ~` ~r° iwm~vr~sxrrt'~ 10 August 1994 Leon Blaser _ Interwest Development Inc. 3350 Americana Terr. Ste. 100 Boise, ID 83706 To Whom It May Concern: Let it be known that we, Gerald L. Conrad and Joanne C. Conrad, are the titled owners of record for the property legally described as; "The East half of the Southeast quarter of the Northwest quarter of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho." We have sold this property to Interwest Development and concur with their desire to annex and re-zone the property for purposes of development. Our cooperation with this re-zone is in keeping with the terms of our agreement and does not alter any other terms of that agreeme_n_t. The address of the property being 2470 ~. Pine St. v/Y7 /` State of Idaho ) County of Ada ) SS On this ~/~`'i day of August, 1994, before me, the undersigned, a notary public in and for the State of ~q, ">~ personally known to me (or p~c~~~q t~d° rte on the basis of ~'~ cte~ y""'., evidence) to be the perso~t` w~~r~ame •+t,~ ': subscribed to the withirtz ~ trumer~i~P,~. ';~~ and acknowledged to me th A hey~he t executed it. ~',,'~ UB ~, ~ C ,•' # " WITNESS MY HAND AND OFFICIA~'•~' " Ol~•••••'~p moo' Residing at - ~Bi~,~G,, EAGLE, IDAHc My Commission Expi~ cD~AM. EXP. »-29-97• Gerald L. Conrad Joanne C . Conrad i .. OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM TO: MAYOR, COUNCIL FROM: GARY D. SMITH, PE • RE: HAVEN COVE NO. S SUBD SIGN {II~VI~F.I? PRELIMINARY PLAT) COUNCIL MEMBERS RONALD R. TOLSMA MAk YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman -Planning 8 Zoning September 6, 1994 I have reviewed this revision to the original submittal and offer the following comments: This plat provides an access to the east into the Geille property at a point that appears to support sanitary sewer extension to that property. 2. The plat shows 741ots as compared to the original submittal of 73 lots. All lots appear to contain 8,000 square feet minimum area and have the required minimum street frontage. 4. The right of way width for Malanie Place needs to be 50 feet in lieu of the 40 feet shown. 5. The date on the plat needs to be changed to 1994. 6. The ACRD is requesting 30 feet of Right of Way from centerline for W. Pine St. The applicant is showing 33 feet. Perhaps the 3 feet difference can be added to the 7 foot landscape and bikepath (?) strip to make it 10 feet wide. 7. The preliminary plat does not show the proposed sanitary sewer, storm sewer, water irrigation or waste water ditches. These need to be shown in this, the preliminary plat or planning stage. 8. Two corner lots, Lot 3 Block 14 and Lot 49 Block 1 will need to have a note added stating the direction the house shall face. This is because the lots don't have an 80 foot street frontage on both sides. a . ~ 9. What is planned for Lot 36 Block 1? This lot contains a temporary turn-a-round easement. 10. The plat needs to reference a benchmark for the contour lines. 11. The applicant needs to establish the highest known seasonal groundwater elevation and conduct a subsurface soil survey to make sure home crawl spaces won't be subject to groundwater or non-percolating surface water. 12. Submit Ada County Street Name Committee approval of the subdivision name and proposed street names. CENTRAL ~~ DISTRICT pl'rHEALT DEPARTME To prevent and treat disease 94-431 H NT MAIN OFFICE • 707 N, ARMSTRONG PL • BOISE, ID. 83704 • (208) 375-5211 • FAX 327-8500 and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. September 2, 1994 SEA' p 7 ~9~4 DAVID NAVARRO ~~"~'~` ~~` i.yy,.~~~.t ADA COUNTY RECORDER 650 MAIN STREET BOISE ID 83702 RE: HAVEN COVE SUBDIVISION #5 Dear Mr. Navarro: Central District Health Department, Environmental Health Division has reviewed and do approve the final plat on this subdivision. for central water and central sewer facilities. Final approval was given on August 31, 1994. No lot size may be reduced without prior approval of the health authority. If you have any questions please call. Sincerely, Thomas E. Schmalz, E.H.S. Senior Environmental Health Specialist cc: Tom Turco, Director HUD City of Meridian S.I. Development Collins Engineering Serving Valley, Elmore, Boise, and Ada Counties Ada /Boise County Office WIC Boise • Meridian Elmore County Office Elmore County Office Valley County Office 707 N. Armstrong PI. 1606 Roberts 520 E. 8th Street N of Environmental Health P.O. Boz 1448 Boise, ID. 83704 Boise, ID. Mountaln Home, ID. 190 S. 4th Street E McCall, ID. 83638 Enviro, Health: 327-7499 83705 Ph. 334-3355 83647 Ph.587-4407 Mountaln Home, ID. Ph. 634-7194 Family Planning, 327-7400 324 Meridian, ID. 83647 Ph, 587-9225 Immunizations: 327-1450 83642 Ph. 888-6525 Nutrition: 327-7460 WIC~327-7488 ~1~~~__. mil ~ ~ ~, _.~ BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION INTERWEST DEVELOPMENT, INC. ANNEXATION AND ZONING A PORTION OF THE E 1/2 OF THE SE 1/4 OF THE N.W. 1/4 OF SECTION 11, T.3 N., R.1 W.. B.M. HAVEN COVE # 5 SUBDIVISION MERIDIAN. IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on February 8, 1994, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, being tabled to April 12, 1994, and then being tabled to May 10, 1994, and then being tabled to the June 14, 1994, meeting, and the Commission having heard and taken oral and written testimony and the Applicant appearing through its engineer, David Collins, 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 February 8, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the February 8, 1994, hearing; and that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 available to newspaper, radio and television stations. 2. That the property included in the application for lication, and by this annexation and zoning is described in the app reference is incorporated herein; that the property is approximately 20.00 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 unplatted ground to the west, east and south. 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; the owners of record are Gerald L. Conrad and Joanne C. Conrad; the Applicant, Interwest Development, Inc., indicates that it has an option to purchase the property; that before the City can annex the property, the owners of record must have requested the annexation since this annexation and zoning application is not at the request of the City of Meridian. ~. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. Page 2 FINDINGS OF FACT AND CONCLUSIONS OF LAW g. That the parcel of ground requested to be annexed is resently included within the Meridian Urban Service Planning Area P 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 existing urban. 9. There were property owners appearing at the hearing; Aloys Schlekoway testified that he was concerned on the access to his property; Tom Geile testified that he owns the property to the east and desired sewer and road access through this property and that he thought the layout of the preliminary plat was "boxy". 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 would have a minimum of 8, 000 square feet per and that the houses would have a minimum square footage of 1,400 square feet. 11. The Applicant stated at the hearings that there would be 73 lots for single family dwellings, a 3.75 density per acre, that the property would be bermed the same as along Cherry Lane and there would be sidewalks and gutters. 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 Page 3 FINDINGS OF FACT AND CONCLUSIONS OF LAW a ricultural uses to be developed into residential subdivision 9 lots. 14. That the property can be physically serviced with City water and sewer. 15. Meridian Police Department, Meridian Fire Department, Meridian School District, Ada Street Name Committee, Central District Health Department, Nampa Meridian Irrigation District, Bureau of Reclamation, Idaho Power, and the Meridian Planning Director submitted comments and such are incorporated herein as if set forth in full. Also the Meridian City Engineer and the Ada County Highway District submitted comments. 16. That the City Engineer, Gary Smith, commented, among other comments, that the highest seasonal groundwater elevation needs to be determined so that the bottom of building footings can be set a minimum or 12 inches above that elevation; that there are 6 or so lots that do not appear to contain 8,000 square feet; that a 10 inch water line shall be constructed along the projects frontage on Pine Street; that the sewer and water mains shall exit this projects north boundary in a public right of way in line with the stub roadway shown on the previously approved preliminary plat of Haven Cove; and that a 20 foot wide common lot access shall be provided to the north in lieu of the 20 foot wide easement. 17. That the Planning Director, Shari Stiles, commented that the landscape strip and bike path indicated to be provided in the application needs to be detailed; that each lots needs to be 8,000 square feet exclusive of all easements; that a stub street to the Page 4 FINDINGS OF FACT AND CONCLUSIONS OF LAW rovided; easterly boundary in line with Warrior Street needs to be p and that irrigation relocations need authorization from the appropriate irrigation entity. lg. The Meridian School District's comment on this annexation request will accelerate the need for the District to construct additional classrooms and/or adjust attendance boundaries. Meridian schools do not have excess capacity; and it asked for support of a development fee statute on new home construction or a real estate transfer fee to help offset the costs of building additional school facilities; the District has commented more recently for an annexation which would be in the same elementary school attendance zone that the subdivision proposed for the land would mean 20 elementary aged children, 17 middle' school aged children and 20 senior high aged students; that Linder Elementary School is at 137 of capacity, Meridian Middle School at 129 of capacity and the Meridian High School at 116 of capacity; went on to state as follows: "There is little opportunity to shift attendance boundaries since the surrounding sO his subdivision awe would needcland Before we could support t dedicated to the district or at least made Thels ite would minimum price for a school site in this alnaaddition we would need water and sewer service available. need to pass another bond issue for the construction of schools." 20. That the property is shown on the Meridian Comprehensive Plan as being in a Single Family Residential area. 21. 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 Page 5 FINDINGS OF FACT AND CONCLUSIONS OF LAW 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 otectdthetintegrity ofhresidential or the City, and to pr 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. , 19. That the Meridian Comprehensive Plan, under Land Use, Residential Policies, 2.1U states as follows: "Support a variety of residential categories (uraaartments, multi-family, townhouses, P single-family, condominiums, etc. ) for the purpose of providing the City wit 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 mah sical in densities as low as 3 dwellings per acre if p y 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 densityt rmuste also comply withd the other residential developmen. 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 PrO modular, mobile diversity of housing types (single-family, homes, multi-family, townhouses, apartments, condominiums." "1.3 An open housing market for all persons, regardless of race, sex, age, religion or ethnic background." Page 6 FINDINGS OF FACT AND CONCLUSIONS OF LAW "1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged." 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 ltcostsrueon currentnresidents tosaccomm date nthel additiona P 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 Page 7 FINDINGS OF FACT AND CONCLUSIONS OF LAW provide for school services to current and future students. 25. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a which if development fee or a transfer fee on residential property, 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 convareast pedestrian circulation to schools, parks or shopping 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 placecommercial incompatible features such as highways, railroads, 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 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 ~„iay. 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: Page 8 FINDINGS OF FACT AND CONCLUSIONS OF LAW 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 y conservi Y araraina nes and natural value, especiall waterwa s, g 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 Desictn 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 applicatioh 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 Page 9 FINDINGS OF FACT AND CONCLUSIONS OF LAW property. 2, That the City of Meridian has authority to annex land ursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised P and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is ~ 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 The City of Idaho Fa11sL 105 upon the annexation of land. Burt vs. Idaho 65, 665 P.D 1075 (1983). Page 10 FINDINGS OF FACT AND CONCLUSIONS OF LAW 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, Section 11-9-605 M., which pertains to the tiling of ditches and water ways, and Section~ll-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., A 2, R, L; 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. The development agreement shall also address the landscaping along Ustick Road, and maintenance thereof, by a mandatory home owners association rather than the individual lot owners. The Covenants, Conditions and Restrictions shall require the mandatory homeowners association as a condition of annexation. 10. That the Applicant's property is in compliance with the Page 11 FINDINGS OF FACT AND CONCLUSIONS OF LAW Com rehensive Plan, and therefore the annexation and zoning P Application is in conformance with the Comprehensive Plan• and 11. That the requirements of the Meridian City Engineer of the Nampa & Meridian Irrigation District, Meridian Fire Department, Idaho Power, U. S. West, and the comments of the Meridian Planning Director and City Engineer and these Findings and Conclusion shall be met and 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; that the Applicant shall be required to install a pressurized irrigation system, and if not so done 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. 14. That proper and adequate access to the property is available and will have to be maintained; that the house size of 1,400 square feet must be met. 15. That these conditions shall run with the land and bind the applicant, the titled owners, and their assigns. 16. 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. 17. That if these conditions of approval are not met the Page 12 FINDINGS OF FACT AND CONCLUSIONS OF LAW property shall be subject to de-annexation. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED VOTED VOTED VOTED DECISION AND RECONII~IENDATION The Meridian ning and Zoning Commission hereby recommends to the City of the City of Meridian C'ou.n ~ l that they approve the annexation and zoning as stated above for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that if the conditions are not met that the property be de-annexed. MOTION: APPROVED: DISAPPROVED:-- Page 13 FINDINGS OF FACT AND CONCLUSIONS OF LAW ~. P R- 1 1- 9 4 M O N 1 S ~www.rwJI1J////~s~I ~iY/d////f~ pax 'r~r~r~r~sio~ TO; ~ ~j ~ 1 ~• ~~ ~ ~, ._ . ~ _ FROM: ~~ ~ ~ r ~ ~ i ~tpCAr10N: i r .. _______~_..._...J, r rrrrrifi~~r~+~Jrrrr~irit~rrr~~~~rrr~~rrrr:sr~»rrr~rrftf ~~+•s~ _. -•-~-+--~- `""~'"~ ~ N071C~ AND OtSCLAIMER AS A'SELLER/$UYER180RROWERILENDER ~N 1 ME REAL ESl`ATE TRANSACTION 6EINC~ CLOSED BY SECURITY TITt.$ COMPANY OF IDAHQ {SECURITYIYOU ARE HERBY RUT ON NOTICE OF Ta•tE Ft?t.LOWING. (1}THE TRANSACTION AND THE DOCUMENTS INVpLVED WILL CREATE OR AIRTER LEGAL RICaHT$ AND OBLIGATIONS: t2?SECURiYY f$ NOt' LICENSED pR OTHERWISE AUTHflftl2pD TO PRAC7-CE LAW; (3)AS AN ESCROW WOLDER•CLOSER SECURITY IS OBLIGATED 70 REMAIN NEUTRAL TOWARD ALL INVpLVED PARTIES AND SECURITY WILL NOT R<wNDER LEGAL ASSISTANCE TO ANY PARTY; POSE OFITRANSGRIBINCi ONTO PREPRINTED LEG A FOAMS TflHE NAMES DATEu,AMOUNTS,LEGAL DESCRIPTIONS RAND O HER DATA PROVIDED OR APPROVED 8Y YOU: LEGALpgI;RVIC SUFROM COUNSEL OF YOUFI CHO CE AT YOU~i OW NTEXPEIVSESACTION tT t5 YOUR RE$ppNStt3tLITY ~'C108TAtN ~sc~ow ~r~sTaucYiaNS to complete the total purchase grace of TO: SEpUftIYY tITLE COMPANY OF IDAHO 1 3 4 6 8 1(? 11 t2 13 14 15 t6 17 i8 19 20 ~1 2Z 23 24 25 2fi 27 28 29 30 31 ~a N 189$28 9cr w ptttcer Denise Thornton Sscro~v have handed the sel]er outsi~e o~ escrow the amount of and before the close of escrow Twill addita~onatty hand you (plus closing costs} and w} ll e~eeut:e a Deed of 'trust: to file in tavc~r of the Seller in the amount of State of ~: ~ -W... ... ~~ ~u, ~: t;.. '.... ~, ~ ~ ..... Idaho 04J}•iJ~~ (~AtR ......_. ... ... -T . ~V .~ j I. _ ~ .; .~~, pwner's which you arB instructed to use when You can ot,tatn an At.TA sta+~dard coverage n~ Stn - lorm policy ai title insurance containing the insuring clauses, exc:~pl-ans, exclusions, prov~s-pns ,8.:.... i , ~,-ta-.... ~.-. lions customarily contained ~n the prtnta~~rav~s,ans of Such brm with li~l~lai~j-onot less than ~ .~-*~ a State o! de5~ Soso s ""~'-~- describin Ills Land 'n t~e ~ounty at The ~ast hal~ o t e Southeast ggarter of the NartdawCoutax~arTdahof BeCt~on ] T'Owns2tip 3 North Range 1 West, Doise Meridian, A Y showing the , Fee Simple Corporation Mlle ~n said land vested ~n; rntrerwest: Development - _. _. ~ r 2_7 a5 S@t fprih in t3Gheduia B 3q Sub{act ro' axcept-ons ,~v,5ecurtt 4Hie Cor^Aa^y of Idaho 1112 f 93 ~,~~tf at0 y d tad 3S p} the zrommitmBnt for Title.ta~lhranGe asPtatnumber Report i5 a ~~~~ at '~`),115t in favor 36 C1~ the artles~s(trto,~anc royal as to form 37 to cagy o} which has been ret3tl and apAroved by , ,., . P. _ __ s ~geCUt ion s i. qr i f i es app 38 of t:he Se11ec i>7; the ruin of ~~: ~ . --.........~ 39 and content, ~- q0 ' 41 42 q3 1he Icl{owtng', qq prorate as vi Apr3.1 11, 1994 . 45 Taxes and Asses~roents 46 roratt3 hereto provided, and unless the parties Oth6rwtse inslruCt you, you 47 Assume a 30 day month in any p the seller, beneficiary's statement, fire 48 are to use the information cantatned to rental statement as provided by qg insurance policies delivered into escrow and 50 1, @06.5b tar year 52 t2) astpmat d pr party taxa alto thaiamountlotS tax statoment In the amount of s 53 tot the aceuraoy a+ the S4 for inB prorates provided above. Yoe parties hereunto agree Yeu assume no responsihiuty or ItatslHty 55 above stated h totne~maropre pyorate outside oiaescrow, You ha ®notl ab INyaheratf0®a d no turtheGr duY becausa~ai gulch 56 hereto agree t a Y Y 57 oiftereneer oth8efut®e paymentaa'bligat ohs&ot the loansyou arde p©$lt, scceunt or funds lar a luture payment of texas, n• surance o 5$ 59 ~ ~~ ~jPR- 1 1 -"~'~ MON 1 S ~~ Addene~um to Escrow Instruction dated Aprxl llr 1994 Re: 2470 W. Finer Mexidian, Idaho 83642 Buyers and Sellers agree t~iat poss~~~~-on, daNotefand1DeedeofrtY is upon payment in full of the ,~:. ' . Trust. _~ _.. _. ,,._-.r .~ r~i 4 r. 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 February 8, 1994, for the purpose of reviewing and considering the Application of Interwest Development for annexation and zoning of approximately 20+ acres of land located in the Section 11, T. 3N, R. 1W, Boise- Meridian, Ada County, Idaho, and which property is generally located on Pine Street. The Application requests annexation with zoning of R-4. Further Applicant requests Preliminary Plat approval of the parcel of land above described for 73 single family dwelling lots for Haven Cove No. 5. 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 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on July 19, 1994, for the purpose of reviewing and considering the Application of Interwest Development for annexation and zoning of approximately 20 acres of land located in the NW 114 of Section 11, T.3N, R.1 W, Boise Meridian, Ada County, Idaho, and which property is generally located on West Pine Street and West of Linder Road. The Application requests annexation with zoning of R-4. Further Applicant requests Preliminary Plat approval of the parcel of land above described fvr 73 single family dwelling lots for Haven Cove No. 5. Amore 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 27th day of June 1994. ~~~~ WILLIAM G. BERG, JR., ITY CLERK 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. GROOKSTON, JR., Attorney GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW WAYNE S. FORREY, AICP Planner 8 Zoning Administrator JIM JOHNSON Chairman • Planning 8 Zoning TRANSMITTAL To'WITHIN THE C T~o MERIDIAN LoPMENT PROJECTS To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, may we have your answer by: TRANSMITTAL DATE: ~~~ REQ BY: • ~ ~ HEARING DATE • ~• o ~ ~ y C,trV-~ S A A~ ~t.~c~!-i cam. 1 LOCATION OF PROPERTY OR PROJECT: --r; 3~1 ~ 1 ~ c~ . ~'l 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 A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 2. ~9~H 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 RECLAMp,TION(PRELIM & FINAL PLAT) CITY FILES OTHER• YOUR CONCISE REMARKS: HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer RONALD R. TOLSMA GARY D. SMITH, P.E. City Engineer CITY OF MERIDIAN MAX YERRINGTON ROBERT D. CORRIE BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO KENNY W. BOWERS, Fire Chief SHARI STILES W.L. "BILL" GORDON, Police Chief MERIDIAN IDAHO 83642 , Planner & Zoning Administrator WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888433 ~ FAX (208) 887-4813 JIM JOHNSON Public Works/Building Department (208) 887-2211 Chairman -Planning & Zoning GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, may we have your answer by: _ Mav 3 1994 TRANSMITTAL DATE: 4119/94 HEARING DATE: 5/10/94 REQUEST: Resubmittal of Haven Cove No. 5 Preliminary Plat BY: Interwest Development and David Collins LOCATION OF PROPERTY OR PROJECT: West of Linder Road and North of Pine Street JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: MERIDIAN PLANNING & ZONING MEETING: FEBRUARY 8, 1994 APPLICANT: INTERWEST DEVELOP .NT AGENDA ITEM NUMBER' 9 AND DAVID COLLINS REQUEST: ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR HAVEN COVE #5 AGENCY CITY CLERIC: CITY ENGINEER: ~~tr a~nar~urrt, ^°~~ CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: °REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: CO1~II4ENTS MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: a.dd Z-8-9~- ADA STREET NAME COMMITTE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED CO1~II~iENTS , SETTLERS IRRIGATION: IDAHO POWER: SEE ATTACHED COMMENTS US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER • ~,In~..~t' ~~.. J P~~~~a9°~ ~"~s Post-Its"' brand fax transmittal memo 7671 #of pages - `f, To ~~a C~ Fwm .// Co. Co. Cl~r--~ Dept. Phone # Fax # /~ ~ _ ~~~ Fax # MERIDIAN PLANNING & ZONING COMMISSION MEETING: MARC~-1 8 1994 APPLICANT: INTERWEST DEVELOPMENT AGENDA ITEM NUMBER: SIC ~ AND DAVID COLLINS REQUEST: ANNEXATION AND ZONING WITH A PRELIMINARY FOR HAVEN COVE NO. 5 SUBDIVISION (REFER TO PACKET FROM FEBRUARY 8 1994) A EN Y COMMENTS CITY CLERK: CITY EINGINEER: SEE ATTACHED COMMENTS 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: eSk rQ~u~ Gk ,~, ~ ,~" r ~ Co ~,~ ~ pr~Je ~~~,"51 ew°J'" NAMPA MERIDIAN IRRIGATION: Comw~e~s Gror--. F't.~ar~~a.1h~ $, ~94y 0.}4ewC.tiecl SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: MERIDIAN PLANNING & ZONING COMMISSION MEETING: APRIL 12. 1994 APPLICANT: IWTERWEST DEVELOPMENT AND AGENDA ITEM NUMBER: 1 DAVID COLLINS REQUEST: ANNEXATION/ ZONING AND PRELIMINARY PLAT FOR HAVEN COVE NO 5 A EN Y COMMENTS CITY CLERK: MINUTES FROM FEBRUARY 8, 1994 MEETING CITY EINGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS l(~~ ~ _ g . ~ y ~ ~a~u ~~ CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: ~1 ~l- ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS j~~ ©.~~~~ ADA NT u COU Y STREET NAME COMMITTEE: ~ ., ~;P~ CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS ~`~ / s ~~ NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: SEE ATTACHED COMMENTS US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: r~~ ~u~ OTH MERIDIAN PLANNING & ZONING COMMISSION MEETING: MAY 10. 1994 APPLICANT: INTERWEST DEVELOPMENT AGENDA ITEM NUMBER: 1 REQUEST: TABLED AT APRIL 12 1994 MEETING• HAVEN COVE SUBDIVISION NO 5 iREFER TO PACKET FROM APRIL 12 1994 MEETING) A EN Y CITY CLERK: CITY ENGINEER: COMMENTS FORTHCOMING CITY PLANNING DIRECTOR: COMMENTS FORTHCOMING CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: SEE ATTACHED COMMENTS US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS e `~ ~ P~ P ~a~ /~ ~~f~~ r~ P 4w ;yea ~,~ ~~'~~.~ . ~~ ~' ~~~ `.~" J',~ MERIDIAN CITY COUNCIL MEETING: July 19.1994 APPLICANT: S.1 DEVELOPMENT AND DAVID COLLINS AGENDA ITEM NUMBER: 13 REQUEST: PUBLIC HEARING• REQUEST FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR HAVEN COVE NO. S AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS Of LAW s "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ~" ~M.~~ SEE ATTACHED COMMENTS OTHER: OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM To: Mayor, City Council, Planning & Zoning Commission From: Gary D. Smith, PE ~ ~`~~~,ti~ Date: May 6, 1994 RE: HAVEN COVE NO. 5 SUBDIVISION (Preliminary Plat - Resubmittal) COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8. Zoning Administrator JIM JOHNSON Chairman -Planning & Zoning I have reviewed this resubmittal and offer the following comments for your information and or use as conditions of the applicant during the hearing process: Our Zoning Ordinance requires a 40 foot chord dimension for lots fronting a culdesac. I interpret this chord dimension also applies to lots on 90 ° curves. Although chord dimensions are not shown it appears some lots on the 90 ° curves are short of the 40 foot chord requirement. 2. A 20' wide common lot access shall be provided to the north in lieu of the 20' wide easement. 3. Irrigation waste ditches are shown to be relocated but where will they be placed? Provide details for piping with development plans. 4. Submit street name approval from Ada County. The subdivision name can only be used after the Haven Cove No. 4 subdivision is recorded. 5. The additional right of way for Pine Street needs to be dimensioned with the landscape easement noted in the application. Five feet doesn't seem adequate for a landscape berm as noted. ACHD is asking for 30 feet, however the street section shows 33 feet. 6. A temporary turn-a-round needs to be provided at the dead end of W. Maura St. 7. The sidewalk width for urban residential streets in Meridian is 5 feet. This needs to be changed on the typical street section. 8. The Central District Health Department comments relative to storm water discharge need to be addressed by the applicant. ACHD needs to agree to maintenance of all off-site storm water disposal systems. 9. The highest seasonal groundwater elevation needs to be determined so that the bottom of building footings can be set a minimum of 12 inches above that elevation. 10. The applicant needs to submit lot closure calculations for all irregular shaped lots verifying they contain a minimum of 8,000 square feet. 11. A 10" diameter water line shall be constructed along the projects frontage on Pine Street. 12. Sewer lines shall be graded at 0.40% (minimum) with culdesac and dead-end lines at 0.60% (minimum). 13. Applicant needs to submit a plan showing locations of all fire hydrants and street lights. 14. Nine Mile Creek's 100 year flood is shown to be contained within its banks in this area. 15. Provide temporary culdesac at the west end of W. Maura St. 16. N. Tina. Marie Place should be turned 180° to connect to W. Maura St. to take advantage of the natural ground gradient for storm water and sanitary sewer drainage. 17. W. State Ave. should be moved north in alignment with W. Washington to provide access at the lowest ground elevation of the property adjacent to this east boundary. 18. Several lot frontages need to be increased to 80 feet for ordinance conformance. OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 8874813 Public Works/Building Department (208) 887-221 I GRANT P. KINGSFORD Mayor MEMORANDUM To: Mayor, City Council, Planning & Zoning Commission From: Gary D. Smith, PE RE: HAVEN COVE NO. 5 S IVISION (Annexation, Zoning, Preliminary Plat) COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman ~ Planning & Zoning I have reviewed this submittal and offer the following comments for your information and or use as conditions of the applicant during the hearing process. 1. The subject 20 acre parcel is contiguous to existing City limits on the north (Haven Cove Subdivision) and on the south (Merrywood Subdivision). The warranty deed legal description does include the north one-half of W. Pine Street. 2. Our Zoning Ordinance requires a 40 foot chord dimension for lots fronting a culdesac. Development is interpreting this chord dimension applies to lots on all curves which I don't think was the intent. However, if it was the intent then, for lots on curves, we should still be requiring that the lot width at front setback be the same as for a lot on a straight street. Some of the lots on a curve in this subdivision, showing a 40 foot chord frontage, are quite narrow, even though they are deep and appear to have the needed lot area. 3. An access should be provided to the north to connect with the access provided from the approved Haven Cove preliminary plat. Access should also be provided to the property to the east of this parcel. The adjacent portion of the approved preliminary plat of Haven Cove should be shown on this preliminary plat. 4. Irrigation waste ditches are shown to be relocated but where will they be placed? 5. Several street names as shown are not acceptable to Ada County . The subdivision name can only be used after the Haven Cove No. 4 subdivision is recorded. 6. The additional right of way for Pine Street needs to be shown with the landscape easement noted in the application. Five feet doesn't seem adequate for a landscape berm as noted. 7. Boundary dimensions need to be shown on the plat. 8. The vicinity map should call out the site and be labeled as a vicinity map. 9. Temporary turn-a-rounds need to be provided at the dead ends of W. Maury St. and W. Washington St. 10. The sidewalk width for urban residential streets in Meridian is 5 feet. This needs to be changed on the typical street section. 11. The Central District Health Department comments relative to storm water discharge need to be addressed by the applicant. ACRD needs to agree to maintenance of all off-site storm water disposal systems. 12. The highest seasonal groundwater elevation needs to be determined so that the bottom of building footings can be set a minimum of 12 inches above that elevation. 13. There are 6 or so lots that don't appear to contain 8,000 square feet. The applicant needs to submit lot closure calculations for all irregular shaped lots verifying they contain a minimum of 8,000 square feet. 14. The preliminary plat print submitted was a very poor quality print and lot dimensions, contour line elevations, lot and block numbers are generally difficult and in some cases impossible to read. 15. A 10" diameter water Line shall be constructed along the projects frontage on Pine Street. 16. The sewer and water mains shall exit this projects north boundary in a public right of way in line with the stub roadway shown on the previously approved preliminary plat of Haven Cove. 17. Sewer lines shall be graded at 0.40% (minimum) with culdesac and dead-end lines at 0.60% (minimum). 18. Applicant needs to submit a plan showing locations of all fire hydrants and street lights. 19. Nine Mile Creek's 100 year flood is shown to be contained within its banks in this area. HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk CITY OF MERIDIA RONALD R. TOLSMA R I GARY D. SM THSP.EYCity Eng veer N ROBERT D. CORR E BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief " " MERIDIAN IDAHO 83642 Planner R Zoning Administrator W.L. BILL GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney , Phone (208) 888433 • FAX (208) 887-4813 JIM JOHNSON Chairman -Planning 8 Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor lIEZiORAIIIDUM T0: Planning & Zoning Commission, Mayor and Council c` ~~~ FROM: Shari L. Stfles, Planning & Zoning Administrator DATE: May 6, 1994 SUBJECT: Annexation and Zoning with a Preliminary Plat for Haven Cove Ho. 5 1. Frontage for Lot 36. Block 1, and Lots 2, 3 and 4 of Block 13 are less then 8@' and are not approved. 2. Preliminary plat should show all easements, placing of fencing, and pedestrian access to adjacent subdivisions or future subdivisions. A pedestrian access should be provided to the west between Lots 15 and 16 of Hlock 12. 3. A 5@' right-of-way on Pine Street is not sufficient. Pine Street is designated as a collector street. A diagram of a Minor Arterial is shown. What is this for? 4. Contour lines are not shownQ 5. A temporary turnaround on Maura Street is needed. 6. Proposed restrictive covenants must be submitted. 7. Fire hydrants and streetlights need to be shown. 8. Until adjacent areas are developed, there is only one way in and one way out of this subdivision. Haven Cove Ho. 4, scheduled for the north of this phase, has not been approved and also does not tie into this development. 9. Plans for any laterals and wasteways must be detailed and submitted for approval. 1@. The landscape strip and bike path indicated to be provided in the application need to be detailed and/or shown. Memo to P&2 Commission, City Council May 6, 1994 Page Two 11. Each lot needs to be 8, 000 square feet exclusive of all easements. Engineer has indicated average square lot size is 9,500 square feet; this does not appear to be correct. Please provide list documenting individual lot sizes. 12. Minimum house size of 1, 400 square feet must be included as a note on the final plat. 13. Note on final plat should indicate direct lot or parcel access to Pine Street is prohibited. 14. Obtain authorization for irrigation/drainage relocations from the appropriate entity. Drainage easements and their use restrictions shall be noted on plat. Submit executed agreements for land use change to City. 15. Buffering adjacent residential uses is required. I recommend this project be tabled or denied until adequate access and all above items are addressed to the satisfaction of the City. Applicant would be well-advised to schedule pre- application meetings on future developments as required in our current Ordinance. OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE 0. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GOROON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman - Planning & Zoning ME)KORAI+iDU2i GRANT P. KINGSFORD Mayor T0: Planning & Zoning Commisn~/~~yor and Council FROM: Shari L. Stiles,`~ng ~< Zoning Administrator DATE: April 8. 1994 SUBJECT: Annexation and Zoning with a Preliminary Plat for Haven Cove Ho. 5 This plat is not drawn to accurate scale and has awkward flag lot configurations of dubious square footage. Preliminary plat should show all easements, placing of fencing, pedestrian access to adjacent subdivisions or future subdivisions. A 50' right-of- way on Pine Street is not sufficient. Vicinity map on preliminary plat gives no clue as to site of this proposal. There is no authorization from current owner of property requesting annexation. In addition, the name of the owner does not appear on the preliminary plat. Cul-de-sac dimensions need to be drawn to scale and measurements given. Turnarounds on Washington and Maura Streets are needed. Until adjacent areas are developed, there is only one way in and one way out of this subdivision. Haven Cove No. 4, scheduled for the north of this phases has not been approved and also does not tie into this development. Plans for all laterals and wasteways must be detailed and submitted for approval. The landscape strip and bike path indicated to be provided in the application need to be detailed and/or shown. Each lot needs to be 8.000 square feet exclusive of all easements. Engineer has indicated average square lot size is 9,500 square feet; this does not appear to be correct. At least one stub street to the East needs to be provided. Note on plat should indicate direct lot or parcel access to Pine Street is prohibited. State lot access restrictions on final plat. Provide stub street to easterly boundary in line with Warrior Street. Observe ACHD policy regarding location of intersections with Pine Street and their alignment or separation from streets already approved into developments on the S. side of Pine Street. Obtain authorization for irrigation relocations from the appropriate entity. Drainage easements and their use restrictions shall be noted on plat. I recommend this project continue to be tabled or denied until accurate information addressing all above items is received. HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer ITY OF M RONALD R. TOLSMA I GARY D. SMITH, P.E. City Engineer ERIDIAN OBERT D. CORR E 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 W " " MERIDIAN ID AHO 83642 Planner&ZoningAdministrator .L. BILL GORDON, Police Chief WAYNE G. GROOKSTON, JR., Attorney , Phone (208) 888-4433 • FAX (208) 887813 JIM JOHNSON Pubiic Works/Building Department (208) 887-2211 Chairman • Planning & Zoning GRANT P. KINGSFORD Mayor q MEMORANDUM TO: Planning & Zoning Commission City Attorney ~~"~""~' ~':'~~ ;t~~;i,_~ ~~ FROM: Wayne S. Forrey, Planning Directo !~~~ RE: HAVEN COVE #5 SUBDIVISION, ANNEXAT ON A D PRELIMINARY PLAT DATE: February 2, 1994 During engineering and planning staff review of this project, City staff discovered that various public agencies did not receive a complete information packet for this project. There is a possibility-that age~n~-~emme~i'la would ~ch nge if they .,received ful ubmitt~l---ma e~rials. I recommend that the Commission conduct the hearing for this project but table any further action to the March 1994 meeting so City staff Gan resubmit all information to each agency and solicit new comments. The required hearing notice to newspaper and property owners is correct and valid. HUB OF TREASURE VALLEY OFFICIALS A GOOd PIaCe t0 L1Ve COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer CITY OF MERIDIAN RONALD R. TOLSMA MAX YERRINGT°" R GARY D. SMITH, P.E. City Engineer OBERT D. CORRIE WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water supt. 33 EAST IDAHO sHARI sTILEs KENNY W. BOWERS, Fire Chief " MERIDIAN, IDAHO 83642 Planner 8 Zoning Administrator GORDON, Police Chief W.L. "BILL JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888433 ~ FAX (208) 887813 Chairman -Planning 8 Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be consie~~~~e~~ Meridian Planning 8t Zoning Commission, may we have your an y~ by: ~` Ma 3 1994 ~;rK ~ 9 is91~ .,;~x~~, r: ~d`~ TRANSMITTAL DATE: 4/19/94 HEARING DATE: 5/10/94 REQUEST: Resubmittal of Haven Cove No. 5 Preliminary Plat BY: Interwest Development and David Collins LOCATION OF PROPERTY OR PROJECT: West of Linder Road and North of Pine Street 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, CIC MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH - NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT} U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTA GAS(PRELIM & FINAL PLAT) BUREAU OF C ATI~1V(PRELIM & FII~4kCFLAT) CITY FILES ~ YOUR CONCISE 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 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW WAYNE S. FORREY, AICP 1~ ~~~~~]~; ~lanner & Zoning Administrator ,[t L JIM JOHNSON Chairman -Planning & Zoning JAS 1 9 t~~4 4i ~~ ~~~~~¢u~ 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: i99y TRANSMITTAL DATE: ~" I '~'y HEARING REQ BY: DATE • ~" O 9 y ~:rr1>-Q S LOCATION OF PROPERTY OR PROJECT : ~ • ~ • ~~!~.~~ . S~c.~•; ~ ~ t `T: 3`Y1 , ~ . I LJ . ~. n1. 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: HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, Cj~y Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887jt813 Public Works/Building Department (208) 887-2211 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner R Zoning Administrator JIM JOHNSON ~M~~~_C~ irma~Planning&Zoning (3RANTPI~ YIoNGSFORD APR ~ ~ ~g~~ `,~~ ~~ (mod'" l~%Y1i..$iF.r..l~! kl`fr TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, may we have your answer by: May 3, 1994 TRANSMITTAL DATE: 4/19!94 HEARING DATE: 5/10/94 REQUEST: Resubmittal of Haven Cove No. 5 Preliminary Plat BY: Interwest Development and David Collins LOCATION OF PROPERTY OR PROJECT: West of Linder Road and North of Pine Street JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPAMERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: ~ Z 2.. C1 `7 YOUR CONCISE REMARKS: ~c2iu ° R 20 S t~:[.C- ~v,~t.~a --~o l3.2 a I,t/. ~ipu,ep st f w. sj~q..f'~ Str-.~ ..~. d N /~, o n1 e Roao r~ ~ A Good Place to Live CITY OF MERIDIAN GCS . ~0 u, ors HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk RONALD R. TOLSMA r CITY OF MERID I GARY D SM THS P.E. City Engin eer IAN OBERT 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 83642 Planner & Zoning Administrator W.L. BILL GORDON, Potice Chief JIM JOHNSON WAYNE G. GROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887-4813 Chairman • Planning & Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR CONIIKENTS 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, i99y TRANSMITTAL DATE : ~ " ~ ~ ' ~ ~ HEARING DATE : ~" O 9 y _ REQUEST • Cv~-i ~ ~,, S LOCATION OF PROPERTY OR PROJECT : ~ ~ ~ ~~ S~~-; Urt. ~ ~ ~ `T: 3`x'1 ~ ~.. l LJ r'3, ry1. 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 • ~' ~ ~` ~ `y YOUR CONCISE REMARKS: ~~R EXCEL! 2 ~yf- ~ j~~\ ~~ ~ Q ~~ SUPERINTENDENT OF SCHOOLS Bob L. Haley DEPUTY SUPERINTENDENT Dan Mabe, Finance i£ 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 ~~~~~ CIF ~~ April 25, 1994 APR 2 8 1994 C1T`r~ ~i~ ~~~yh~~.~at~,r City of Meridian 33 East Idaho Meridian, Idaho 83642 RE: Haven Cove No. 5 Subdivision Dear Councilmen: I have reviewed the application for Haven Cove No. 5 Subdivision and find that it includes approximately 76 homes at the median value of $100,000. We also find that this subdivision is located in census tract 103.12 and in the attendance zone for Meridian Elementary, Meridian Middle School and Meridian High School. Using the above information we can predict that these homes, when completed, will house 28 elementary aged children, 27 middle school aged children, and 21 senior high aged students. At the present time Meridian Elementary is at 110 of capacity, Meridian Middle School is at 130 of capacity and Meridian High School is at 116 of capacity. The Meridian School District is not opposed to growth in our district, however this subdivision will cause increased over- crowding in all three schools. There is little opportunity to shift attendance boundaries since the surrounding schools are also well over capacity. Before we could support this subdivision, we would need land dedicated to the district or at least made available at a minimum price for a school site in this area. The site would need water and sewer service available. In addition we would need to pass another bond issue for the construction of schools. Even if we were willing to use portable classrooms for a year or two, this project would require one classroom at the elementary level, one at the middle school level and one at the high school level. To build portables ready to occupy by students will cost approximately $40,000 each. As you can see the total for four portables would be $120,000. We would welcome a meeting with you to find ways of mitigating the projected costs to the school district. We are in a difficult position and need your help in dealing with the impact of growth on schools. Sincerely, ~~- Dan Mabe Deputy Superintendent DM:gr ~~R EXCEt! 2 ~yf- ~ ,~~ ~ Q ~~ ~~~~~~~~ JAN 2 1 1~~4 C~'d"Y OF 1t~FRi~3~~.~ 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: Haven Cove Subdivision Dear Councilmen: I have reviewed the application for Haven Cove 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, ~.~t ~~ Dan Mabe, Deputy Superintendent DM:gr 150 SEC. LOAD 25 EL. CLASS AV. 16-Dec-93 ELEMENTARY ENROLLMENT SCHOOLS 10/1 /93 CHIEF JOSEPH 679 EAGLE 424 EAGLE HILLS 496 FRONTIER 620 JOPLIN 544 LAKE HAZEL 424 CINDER 587 MARY McPHERSON 522 McMILLAN 590 --~ MERIDIAN 521 PIONEER 664 RIDGEWOOD 353 SILVER SAGE 287 STAR 263 SUMMER WIND 504 USTiCK 553 TOTAL 8,031 M+ddle Schoo i LAKE HAZEL 1,140 LOWELL SCOTT 1,439 --~ MERIDIAN -------------- 1,584 ---------- TOTAL ' 4,163 High SC,hoO ~ CENTENNIAL 2,143 _.-MERIDIAN 2,403 _ ALTERNATIVE 149 TOTAL 4,695 DISTRICT TOTALS 16,889 JOINT SCHOOL DISTRICT No. 2 CLASSROOM. PROJECTIONS -FALL 1993 PRESENT PORTABLE CAPACITY CAPACITY CLASSROOMS DIFFERENCE USED 598 -81 113.55% 437 13 97.03% 437 1 - 59 113.50% 717 97 86.47% 426 2 -118 127.70% 460 1 36 92.17% 437 2 -150 134.32% 460 2 -62 113.48% 562 2 -28 104.98% 506 1 -15 102.9696 715 51 92.87% 414 61 85.27% 345 58 83.19% 276 13 95.29% 481 -23 104.78% 483 1 - 70 114.49% 7,754 12 -277 103.57% 1, 000 5 -140 114.00% 1,100 10 - 339 130.82% 1,250 3 -334 126.72°~6 3, 350 18 - 813 124.27% 1,900 ~ 7 -243 112.79% 1,950 9 -453 123.23°k 130 8 -19 114.62% 3, 980 24 - 715 117.96% 15,084 54 -1805 C~~~~ JAN 2 1 1~~~ C~t'Y 4F ME~iii~~~N MAY 1 9 ~~~ CITY dF l~~~i~~~~ GLENN J. RHOGES, President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary May 4, 1994 TO: INTERWEST DEVELOPMENT INC 3350 AMERICANA TERRACE #100 BOISE ID 83706 FROM: Larry Sal u v' Developm S SUBJECT: HAVEN COVE #5 SUBDIVISION - PRELIMINARY PLAT On May 4, 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 '`I 1 ~'yy~j..~j~.~ {fw~ ~~ ,~..~~~~~~~ GLENN J. RHODES, President SHERRY R, HUBER, Vice President JAMES E. BRUCE, Secretary -,,...r.r r, ,-,, r.~.t:,-~, - ,i ~. z ~ - n '~ ~,AmL' ~,''~_ ~ 1 ~9 . ' Qah G T ~q c nn~. • De`a e.iapmen` Se.rT~.i `~~ °a S'JI3JLC'I' : ~~I~?ELIMIITARY PLAN - Hr~z ErI CG`.'i ~ 5 (bevel^per - Int?rwest Development Inc., ?350 Americana Terr.<, X100, Bc.ise, TD 8306! (Engineer/Cu.rveY^r. - Collins Fr.3ineer.rg ~'o. , 3350 Americana Terr.. #120, Boise, ID 837061 FACTS & FZtdDINGS 1, Maven CavL ~5 is a 7--lot single family a.es:;dential s?:~b3ivi- sion loc;a¢ed on the north side of Pire Street apgro~imately one-half. mi~.e west. of Linder Road. T?:e Distric} reviewed this proiert on Febri.:arl 2, 1994; ascd the laz~aut has revised to alter are ^tal-de-sac street and t^ provide a stub street to the easterly boundary. 2. LE.IERAL INFflR;dATIJN: AC~'ES - 2 0 e 4 FEET pF' NEW PUBL.I C STP,EETS ? , ? 1 '- 0-fee. .i,JTS - 73 Residential. `JEtiI CLE TRI FS PER DAY' - 7 3 O'rP:AFFI C AidALti'SI S c,CaPIF - 2 7 2 L.F. flF FF.flNTAGE aN P:Lne Street °- 560-feet MOST RECEi~'I' TRAFF_TC CGTJNTS - None available :~L~ICTIJNAL CLASSIFICATION MAP DESIGNATIflPI - CollPCtor AyA COUNTY RIDGE-Tfl-RIVERS PATHWAY PLPN - Lane E~.ISTING RIGHT-OF-WAY - 50-fz^-_et- REQTJIRED RIGHT-OF-WA`s' - 60-feet (30-feet from ^enterline) Pine Street is improved wits 24-feet of paving. IMPACT FEE BENEFIT ZONE - Wiest Ada IMPACT FEE ASSESSMENT DISTRICT -`~estern Cities 3. The ACRD Capital ImpreS7ement Plan ?ndicates that Pine Avenue :.s riot appra',red. far use of Raad Impact Fee funds. to increase i.ts capacity ; therefore, Road Impact Fee offsets ma.v rot Lie ado county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 ~t'Cir,i,~.i'i%i`~r:~;~ r''U~u..~ _. zA'~'£:PI ;';`~i' {}~> ~` r. i l ') 1 .:.~_;r.._ .._n j ~~qQ r'~.ge 3 sE~a.J_ed: signed and dated br• a ?egistered Pr-afess Tonal Eragi:ze~~r :ter PrOLeSS's.C~nal Lai3d S''irVe~~Or, 1_?7 compliance ?J:.,t}: i'.s3h0 Cu~de~ ~, provide wr~.tten approval tr:~m the ar_:~ropr~.ate irr:Lga- fi-:~f:1ri!drainage Gistt..ct :~utho_rizirL s}orm ~anozf i n _.o their S ' S ~ pT. . == . ~,U:~ate obstrt;.^tions ~ ut~.lity facilities, i.rr. igat.i r~ ~.nd drain- 3ge appurtenances, etc.) outside of tho proposed .street im- pro~•ements. Aut~o.:i~ation zor relocat~.;~ns shall be obtained from the appropriate entity. 5. Continue existing irrigation and drainage systems across par- c€~:L . 7. Submit three sots of. :street construction plans to the nistrict for review and appropriate action. ~3. Submit site drainage plans and Lalculatiorswor. review ar.•d appropriate action by t\CHD. The ,proposed drainage system shall CUIlform j~o the rer~uirements of the City of Meridian and shall retain all storm waster on-site. Fublic street drainage facilities ;hall br lcoated in the public right-of-way or in a drainage easement set aside specif-- i^al-iy for that use, There shah. be no trees, fences., bushes, sheds, or other valuable amenities placed irl said ear~ement. Drainage easements and their use restrictions shall be noted an the plat. ~. Prov.;.de design data for proposed access tc public streets fc?r x~view and appropriate action by RCrID. 1G, ~.=ovate driveway curb cuts a minimum ar 5-feet from the sifie .ot property :lines. when the ;?ri veways are riot being shared with the adjacent property. s1. Developer vhall provide the District with ,3 co.~y ~_f uh.e record- ed plat prior to the installation of ~~treet_ name Gigns. Street signs will not be ^rdered until all fees have been paid and a copy of the re~~or~.ed .lot has :;peen provided to RCHD staff . The copy of the recorded. plat sha7 1 .show the recording .information as inscribed by *he Deputy County Recorder. 12 . .;:1lstai a stop sign, on e ~*ery unsignali~od: approach of a project street to an intersection i:;v:~l~ ing a collector or arterial as the cross-street.. ThP stop sign ;shall be in- titalled when the protect street is first .access~.ble tc t?^i2 motoring pudic. ~~~~a~~~ I~~ €~~ ~~~~~ GLENN J. RHODES, President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary T0: INTERWEST DEVELOPMENT INC 3350 AMERICANA TERR., #100 BOISE ID 83706 FROM: Larry Sale, Su erv' r Development v' SUBJECT: HAVEN COVE #5 - PRELIMINARY PLAT February 2, 1994 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 ~7~ G L INTER--DEPARTMENT CORRESPONDENCE JAMES E. BRUCE, President GLENN J. RHODES, Vice President SHERRY R, HUBER, Secretary TO: ACHD Commission DATE: FROM: ~~UBJECT : Development Services Terr., #100, Boise. ID 83706) (Engineer/Surveyor - Collins Engineering Co., 3350 Americana Terr., ;#120, Boise, ID 83706) NAVFCCiVr~ /DSTECH ?_-2-94 January 28, 1994 PRELIMINARY PLAT - HP.VEN COVE #5 (Developer - Interwest Development Inc., 3350 Americana FACTS & FINDINGS: 1. Haven Cove #5 is a 73-lot single family residential subdivi- sion located on the north side of Fine Street approximately one-half mile west of Linder Road. r 2. GENERAL. INFORMATION: ACRES - 20.0 FEET OF NEW PUBLIC STREETS - 3,180-feet LOTS - 73 Residential VEHICLE. TRIPS PER DAY - 730 TRAFFIC ANALYSIS ZONE - 272 L.F. OF FRONTAGE ON Pine Street - 660-feet MOST RECENT TRAFFIC COUNTS - None available FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Collector ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Lane EXISTING RIGHT-OF-WAY - 50-feet REQUIRED RIGHT-OF-WAY - 60-feet (30-feet from centerline) IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities 3. Two stub streets have been proposed to the westerly k~oundary of the project, but none to the east. Staff recommends that at least one stub street be provided to the easterly boundary. 4. This application is scheduled for public hearing by the Meridi- an Planning & Zoning Commission on February 8, 199. ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 PRELI;~INARY PLAT -- I-IAVEN COVE # 5 Tanuary 2~, 1994 Page ;.i ?. ~ttbmit three sets of street Construction plans to the Distri.et for review and appropriate action. 0. 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 Meridit~.n and shall retain all. storm water on-site.. Fublic street drainage facilities shall be located in t:he public right-of-way o.r 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. i.0. Locate driveway curb cuts a minimum of ~-feet from the side lot property lines when. the driveways are not being shared with the adjacent property. 11. Developer shall provide the District 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 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 gross-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 ACHI3 for all street and utility construction within. the. public right-of- way. Contact Construction Services. at 345-7667 (with zoning file number) for details. i~;..~ ~j<t` . SUBDIVISION EVALUATION SHEET ~~ ~I; ~~~~h~~;~~~~or Proposed Development Name HAVEN COVE NO. 5 City MERIDIAN Date Reviewed 4/28/94 Preliminary Stage XXXXX Final Engineer/Developer Collins Enar / S I Development The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE. n The Street name comments listed below are made by the members of the STREET NAME COMMITTEE (under direction of the Ada County Engineer) development in accord4r•~ce with the Boise City Street Name Ordinance. _ Dat ZY ~!~ ADA COUN Y regarding this The followin exi tin street names shall a ear on the lat as: "W. PINE AVENUE" "W. WASHINGTON STREET" "W. WASHINGTON COURT" "W. STATE STREET" "W. STATE COURT" The following new street name is approved and shall appear on the slat as' "W. MAURA STREET" "N. TINA MARIE AVENUE" "N. TINA MARIE PLACE" "N MELANIE AVENUE" _ "W. BETH STREET" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE AGENCY P ESENTATIVES OR DESIGNEES i Ada County Engineer John Priester ~' ~ =-- Date -~ ~ Date ~ c Ada Planning Assoc. Terri Raynor ' 1,L Meridian Fire District Represe 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 1 ~ ~'~ ~ ` ~~ JAN 3 1 194 SUBDIVISION EVALUATION SHEET C~T'~ Via; -~~~ni~-~r~ Proposed Development Name HAVEN COVE N0. 5 City MERIDIAN formerly BETHHAYEN Date Reviewed 01/27/94 Preliminary Stage xxxxx Final Engineer/Developer Collins Engr / Interwest Development The following SUBDIVISION NAME is approved by the Ada County Engineer or his desi,.pznee per the requirements of the IDAHO STATE CODE. must be contiguous and recorded in numeric order R. Date Z The Street name comments listed below are made by the members of the C TY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accord?.nce with the Meridian City Street Na*~e !ordinance. The following existing street names shall appear on the vlat as: "W. PINE AVENUE" "W. WASHINGTON STREET" "N. TINA MARIE AVENUE" "N. TINA MARIE PLACE" The following new street name is approved and shall avuear on the ulat as: "W. MAURA STREET" "FAE" sounds too close to "MAY" and "BAY" and therefore cannot be used. "WARRIER" is not close enough for alienment (150' from centerline to centerline) and therefore cannot be used. "RUTLEDGE" is not close enough for alitznment (the end of the street is at the edge of a vacant piece of ground -- 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 nam~:s to be officially approved. ADA COUNTY STREET NAME COMMITTEE Ada County Engineer John Prieste Ada Planning Assoc. Terri Raynor Meridian Fire District Representati.,, :SIGNEES to 27 t e ~~~~~ to NOTE: A copy of this evaluation sheet must be presented to the Ada Co~mty 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 ~ ~Q ,- QLPP(~.ot/=,~ ~n~iZ PffA~ ~ ~s /~~or~~ ~~,~ /~~~~" ° R° R° O R° s8 ~8 [:"..~' ,,,,.~.. RBJS•_O$- JI ,'S -- 8R 2. O 8 ~° O • ~ ~ oo s• ° aa'a ~ oo's ° o•"e• w T . O .0 1 $~ o"a+ ao"[c ^ oa'cc ° ao'cc [[. s• A ! ~/~ ~~__-____®~as i.ac. ciao ii -__- ~ $° Ta'.[ ~s•+° .[.L • TT O /' Q.Y w Y.Y w Y.Y z 00'i F z .. I c0'GL n w'iai ro ~ ° . oL, ° a _ ~ l _00~., + ` R RHO eR R oR .O oR O Y~ ~ ~u ao psO 8S ~ 8R O° R I~ OO 8R~ O i ^9 O $: ~1 00.0. 00' Sgao fr 8 {Cl 8 S ° g oo r °g Rl oa o[ $ n 8O~8Rgoo n ° Kl RI R LTt _ ..g oo'Y g .Sl ° 6tl ~ F -g. LSl n GE. [[ 00 [ 00 Y ~ j 'OOi ° R Q a . T•'M K' [eac.oi.oo w Ln ~ R_ ~. J 00"[L R~ o Oo'0• ' ] K.LL DD 00'0[ • [[, o•'aoi aa, A ^I « ^g~8 ' n 00'0[ W T[t 8 n LL~N g g e B , 1{ tR 00'Mt O `g ~ao. or o•[ R O~ "Og =Og ^~J ~gS~ ~Og O ~ 8^~J ae .L 8 I 00 t 8 ^ w 8 • [[, ~. ~, oo' ° ° 2° ° ~ O i ~~' i 3 ~ J [c'M ce` I •o [o' oo'a z E•'EL ce I oo r T__-io'o[s i:s"a~b'w i a: n ~e ~ ., ul__ ° ~ = 00.0E 00 o[ K t,/+, •0'[IS ~ •ry ~ T . o . 9i'0• M'fl• k+ [['0 1.° n aw.u ao f EL'EOt [ i• ~J r8 ~ ~ S O ~8 s8.oo.a.oe ~, d- _° 9 O ~ O ~ • k ~ d O + Q O c 8 I ~ ~ .8 O cd ~J do 9 ~g O ' ~ 8 ~ 1~ 'S ^ O ~ O `T ~B .$ ~ I S ~ . oo.oE oo oo• co' •[, o•, '•L O° O n' e Lf:f •~~ d cr' m ~i a'a . oo.a. eo o•'aoi g8 7 O J s 8g °« g$ °' R g O ~:4 SR 3 ~~ 8S Ee n • 8 g ~ ,~ "o R,:OM1^O8«O ~9$ S 8° ~ r+ lam/ R .$ ' _O,¢ 8^0:~ O°g a.° Q ~g • O _ _.~_ ~ S $: °•'O °s .' xs, e w' g_S S O •. YO : O oa'azi • Stt81{lLe::_a~?6x7«9RR89R97R98~e8:S9aS35Rns 8~ .Ze° E- 9 - e .^R.~8el=~^g§Sn:e8878ene «.a:S91RR:R~«88C9«:.9.«9.R:9S-3:Z:«:S^e9:~3«R=l~8D7RS8SICR~::::e~S~===«s: qqR-SRSS: SS:::B.S..R.^::5.......~EBl~:...:5:::: 4Sn33-~E:~~SRiiF88S::8~~n~tw~l.S^ :::..:: =S:RS:8S886':R_R«RSSS«::«SSR-« 8S:8R8:R888=8=9::S::R~ aR$S88:RSS:8:88 ° S=R8Si« :: = ^ _ , :Sa: R. ~:S::.RwR°«9R393_R:SRl99393::39 53::3:5««R99..RRRR«:RA$R999.::::9R: '8!«:5378«9.:S.S9:««:R«SS:«=:«:R«S'S«S:RnFtiSBSRS=B«:•SS:«R:i:BSS:«?::AS9R°... esRRn^R9.:SN::: R«~««R _ ~~SS°_«.__•-RS:RR:R3`RR: n. -- .. -.-=R::« =R==~R F C 598«R::«89:9S:S«88==S8oRS«5:==94«:::5.9_:::::8=:«98548:6:55-«-88RS::9S:=« RRR~«86:R99S.««««9R S..-5_:399 ~ ^ ..n^«3RRR «:R::SRS«9RS::9:9««= .:..9«S«:8::6:: 5888888888888888~88888888888888888888883888888«888888888888888888888888889888 858888-==888889RRS8:8SS ~RR338888=SRSSRR=:3388RRRS99°°RRR858-37:88SRRR:iSSS339 8 9 • S o88~S";~^x::~D9nS~^M1R_°SR9n~nAfiRSSStR_arryL:~1C~nS8~A:~~3:'R~Ba^:eSRRRSR:RR:R 8 R : ^ ~R3.:-S:3.:4„86.S::RRRoB::RR«9«=88a«RRR8:8556«R89e39:RS=«89R«5989:RRSCR-~:R: 8=RRR:S88,n=R'S9:$Spt6i Rp : 3 8 :BS8A9nS~RA::5:Et3~38::x:6816:$::89:35:~:::8i::1C S_n^...~..°-nn...n....n^.RR«RRRS««:RRRRR9:9:399:09R:S::RS6R88::::8S:SSR~«:~°° ^-______.._nnn.n 5 ~5g~699=~9^°.=8SSR888S88888888888888888938858865868«58==88==8oS°Rn8°988:58".n~99S.8° .5„6RR6R^°'--RRR:ss«ssssRe~d:a:sRSSSa:ResxxxssRRS~sos««~~~°x~dSS6:sRFR:°~ q9:^::~:RBR°nRR:n99:9::nh:S8888RSSRR~RR88888:::::599::__-:R!le89e§::=6=6R~::~939:8~ g8R9S98:R95R5~R66«RRR«R~ SRRRBo«:3833«39««RRRRRR«««RRR8R3333333SRRRRS«88«:ry«8«6666. ...~^:e:L:8S8888S8SSS RSBSSSSS8888S88SS888888SSlSSSSS8888888SSSSSS~SC8pg8^^:a:.:aS=:::::::.::w:::n::::n ~-n^...~..e-3=5SSe33R:«««RR6«RR:A«:RRRRR9:9:399:998.n«:8R6R88:n".:8S68SR:~~~'-~~~^• CENTRAL •• DISTRICT 'HEALTH DEPARTMENT REVIEW SHEET RECEit~'ED Return to: MAR 1 1 1994 ^ Boise CITY OF NdE~~II~AN ^ Eagle ^ Garden city -Meridian Rezone # Environmental Health Division Co '. ' al Use # ^ Kuna Preliminary Final /Short Plat L~~~~`' ~~v~ -#-~ c~~/d~.~'~o..; ^ ACZ ^ I. We have Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type. of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet '~. 7. After written approval from appropriate entities are submitted, we can approve this proposal for: ~--central sewage ^ community sewage system ^ community water well ^ interim sewage }central water ^ individual sewage ^ individual water ~' 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: `central sewage ^ community sewage system ^ community water ^ sewage dry lines central water 9. Street Runoff is not to create a mosquito breeding problem. ^ 10. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ I I. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ~] 13. ~~~ ~~~~-- f'I'!T~ .~G~`?~/Gh~T .S`i ~~ ~ ~yyvS 7i'~i~F"Date• 3 / ~ l ~!y ,~vr i~tz-~ J) L=~sZ~-~j~+-,--~;>,.; aI = ~/f-inn Reviewed By: '~~~v~+s ~y~T`1 - arc-ur~~~~;~,.~ ~~.t-~~ ~_- CDHD 10/91 rcb, rev. II/93 111 CENTRAL •• DISTRICT ''1'1'HEALTH DEPARTMENT Rezone # REVIEW SHEET Environmental Health Division RECEI~~,to: Jq N Z 7 1984 ^ Boise CITY Od= t~E~i,~6~ Garlden city Meridian ' nal Use # Preliminary Final /Short Plat Kuna ^ I. We have Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type-of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet 7. After written approval from appropriate entities are submitted, we can approve this proposal for: ~- central sewage ^ community sewage system ^ community water well ^ interim sewage ~ central water ^ individual sewage ^ individual water ® 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ~ central sewage ^ community sewage system ^ community water ^ sewage dry lines ~ central water ® 9. Street Runoff is not to create a mosquito breeding problem. ^ 10. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ I t. ^ 12. 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. .S ~,~, 1.7~. Inl, ~i / ^ child care center ..~s,,. ~ ,.~ _ Date: r/ / ~'~ /~ :d By: `p*, [DND 10!91 rcD, rer. I I/93 jll We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ beverage establishment ^ grocery store CENTRAL ~•• DIS~TR/I~CT 1~^ HVILTH Return to: DEPARTMENT ~~`_~~ ^ BOISe ^ Eagle REVIEW SHEET APR 2 9 ~5~4 Garden City '~ b ~~ ~' ~,,~„;.ee~ri`~'3 .Meridian Rezone # ~ nal Use # ^ Kuna Pi•elimina /Final/Short Plat ~~~I'1/~ ~~~"- ~y~~/d/.1 iv.•.i /I/o-,~ ^ ACz ^ 1. We have no objections to this proposal. ^ 2. We recommend denial of this proposal. ^ 3. Spec'rfic knowledge as to the exact type of use must be provided before we can comment on this proposal. ^ 4. We will require more data concerning soil conditions on this proposal before we can comment. ^ 5. Before we can comment concerning individual sewge disposal, we will require more data concerning the depth of ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can approve this proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ~' 7. After written approval from appropriate entities are submitted, we can approve this proposal for: .~ Central .sewage ^ Community sewage system ^ Community water well ^ Interim sewage -~ Central water ^ Individual sewage ^ Individual water ,~- 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality: ~- Central sewage ^ Community sewage system^ Community water ^ Sewage dry lines ,~ Central water -~ 9. Street runoff is not to create a mosquito breeding probelm. ^ 10. This department would_recommend deferral until high seasonal ground water can be determined 'rf other considerations indicate approval ^ 11. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. We will require plans be submitted for a plan reiew for any: ^ Food establishment ^ Swimming pools or spas ^ Child Care Center ^ Beverage establishment ^ Grocery store 13: ~~a~~~/Lt~it'Gsi~r~~ ~Sfi-a-~I //~v DATE: ~/7~~ ~b=F/~~ G~ir~-~'~ Qy~ujy . ~0~~/~~~:~-r7~J Reviewed by: ~ ~~ ~/'E/7/ !i~/~l0/J.S ~~'~!'~ ~//! J CDHD 10-91 rcb r' HUB OF TREASURE VALLEY ~~~^~~~~ OFFICIALS T COUNCIL MEMBERS bd~tC~ i^r ~' ~' i'i A ~ WILLIAM G. BERG, JR., City Clerk " . RONALD R. TOLSMA A ~ ~ 1 1~~4 MAX YERRINGTON CITY OF 1'VI~ ; ~~ ~~ GARY D. SM THS P.EyCity Eng Weer BRUCE D. STUART, Water Works Supt. l J t yi WALT W. MORROW ~d~ aF ~~~d~~ _ JOHN T. SHAWCROFT, waste water supt. ~~WW YNE S. FORREY, AICP 33 EAST IDAHO _ KENNY W. BOWERS, Fire Chief IDAHO $3642 Planner 82oning Administrator MERIDIAN W.L. "BILL" GORDON, Police Chief WAYNE G. GROOKSTON, JR., Attorney , ( ~ ~ ^ ~ ~ ~~ D JIM JOHNS9 N g Phone 208) 888-4433 • FAX (208) 887813 ((\V~" Chairman ~ Plannin & Zonin Public Works/Building Department (208) 887-221 GRANT P. KINGSFORD 1 9 1 A N 1954 , Mayor N & MERIDIA PA NAM TRANSMITTAL ~~ ~~ ''CC TT TO AGENCIES FOR COMMENTS ON D~~~ELO~~~RPROJECTS 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: ~99~ TRANSMITTAL DATE : ~ " ~ ~ ' ~ ~ HEARING DATE : ~" ~ ~ ~ y ~~ REQUEST• ~ ~ ~ ~~ S L ^ -' LOCATION OF PROPERTY OR PROJECT : ~ ~ C~!.L~J~''~~ -`~c~-1 ~ ~ ~ ~ JIM JOHNSON, P/Z MERIIDAN SCHOOL DISTRICT MOE ALIDJANI, P/Z MERIDIAN POST OFF.(PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR _ NAMPA MERIDIAN IRR. DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER CO. (PRELIM & FINAL PLAT) vv'.'-,Li itivRROW, ^/C ii . 5 . itiEj'1' (t'RELIM & FINAL Yl,A'1' MAX YERRINGTON,C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUR OF RECLAMATION(PRELIM & FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS:All laterals and waste ways POLICE DEPARTMENT must be protected. Municipal surface drainage must CITY ATTORNEY be retained on site. If any surface drainage leaves CITY ENGINEER the site, Nampa & Meridian Irrigation District must CITY PLANNER review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommende d that irrigation water be made available to all develop- ments within this District. Nampa & Meridian Irrigation District requires that a Lan Use Change Site Deve opment app ication e i e or review prior to final p atting. ontact onna oore at - or - or urt er in ormation. I~ECI;I~'lEI7 JAH ~ 1 1~~4 CITY OF A~ER~DIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 2 8 January 19 9 4 Phones: Area Code 208 OFFICE: Nampa 466-7861 David Collins Boise 343-1884 Collins Engineering CO. SHOP: Nampa 466-0663 3350 Americana Terrace, Suite 120 Boise 345-2431 Boise, ID 83706 RE; Land Use Change Application for Haven Cove No. 5 Dear Mr. Collins: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above- referenced development. You were previously sent a complete packet of information concerning Land Use Change, urban irrigation, and exclusion. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Superintendent ~~ City of Meridian Interwest Development, Inc. enc. (~Op~ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 HUR OF TREAS}!IRL' VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA ON WILLIAM G. BERG, JR., City Clerk JANICE L GASS, City Treasurer CITY OF MERIDIAN MAX YERRINGT ROBERT D. CORRIE MORROW GARY D. SMITH, P.E. City Engineer WALT W. BRUCE D. STUART, Water Works Supt. SHAWCROFT, waste water supt. JOHN T 33 EAST IDAHO- n SHARI STILES fanner 8 zoning Administrator . KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 ~ ,~~ ~' ~~U ~~ U ~~// JIM JOHNSON ~~~ W.L. "BILL" GORDON, Police Chie~ Phone (208) 888-4433 • FAX (208) 88713813 Chairman • Punning & Zoning ~~ WAYNE G. CROOKSTON, JR., Att ~ Public Works/Building Department (208) 887-2211 ~P~ ~~94 MAY - 2 19~~ CITY (~F FR~~~~~ GRANT P. KINGSFORD Mayor ?~ NA,~pA & MERIDIAN IRRIC~ATI®N D15TRiCT TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations wil•I be considered by the Meridian Planning 8~ Zonina Commission, may we have your answer by: Mav 3, 1994 TRANSMITTAL DATE: 4/19/94 HEARING DATE: 5/10/94 REQUEST: Resubmittal of Haven Cove No 5 Preliminary Plat BY: Interwest Develo ment and David Collins LOCATION OF PROPERTY OR PROJECT: West of Linder Road and North of Pine Street JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYO RONALD TOLSMA, C/C -BOB CORRIE, C/C -WALT MORROW, C/C -MAX YERRINGTON, C/C _~"DATER DErA'r'cTlt-iENT -SEWER DEPARTMENT -BUILDING DEPARTMENT -FIRE DEPARTMENT -POLICE DEPARTMENT -CITY ATTORNEY -CITY ENGINEER CITY PLANNER ligation water be made MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH - R -~NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) 6UR~v OF P.ECLAMATICI'v(PRELIM & FINAL PLRT} CITY FILES OTHER: YOUR CONCISE REMARKS: atera s an wasteways must be protected. Municipa sur ace rainage must be re acne on site. any sur ace rainage leaves e si e, ampa eri ian rrigation District must review rainage p ans. It is recommended that avai a e to a eve opments within this District. ampa eri ian rrigation istrict requires that a Land Use Chan e/Site eve opment app ication e i e for review prior to final lattin Contact onna oore at - 4 or 466-7861 for further information. i e.nson, Foreman, Nampa & Meridian Irri ation District ~,~ ~ - 4 1~~~~ Cif ~~ ~~~~~~~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: Preliminary Plat Haven Cave No. 5 Administrators: OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 No preliminary plat or vicinity map came with the application for Haven Cove No. 5 so there is little Nampa & Meridian Irrigation District can comment on. There is mention of piping a lateral and drainage going into an existing drain. Nampa & Meridian Irrigation District must know which lateral and which drain they are referencing as we can only speculate at this time. Nampa & Meridian Irrigation District must receive a complete set of plans and drainage calculations before this project can be reviewed for District approval. If this District is impacted in any way, the developer must have a signed License Agreement in place before the start of construction. Nampa & Meridian Irrigation District will not approve any piping or relocation of District drains or laterals for 1994 unless the work can be completed by March 15 or unless the work will done after the delivery season is completed for the year. Sincerely, ~~~~~ Bill Henson Foreman pc: Each Director Secretary of the Board District Water Superintendent Collins Engineering Company, Inc. File APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 2 March 1994 HUB OF TREASURE VALLEY COUNCIL MEMBERS OFFICIALS A Good Place to Live RONALD R. TOLSMA WILLIAM G. BERG, JR., Cily Clerk /~ ' MAX YERRINGTON JANICE L. GASS, City Treasurer `/ MERIDIAN ^ ITY Off ROBERT D. CORRIE WALT W. MORROW GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Waler Works Supt. 33 EA'SI')!I)AHO SHARI STILES JOHN T. SHAWCROFT, Waste Water Supt. Planner 8 Zoning Administrator KENNY W. BOWERS, Fire Chief MERIDLt+~fl„ IDAHO 83642 • JIM JOHNSON W.L. "BILL" GORDON, Police Chief Phone (208) 88i~433 • FAX (208) 887813 ~T+ CEI~~~ Chairman • Planning 8 Zoning WAYNE G. CROOKSTON, JR., Attorney Public Works/Buit~Og Department (208) 887-22t GRANi<'iP'_KINGSFORD lutAlr - '1 ~3s~ 1_~ l0~tayor CITY OF 1~ER1DIAN TRANSMITTAL TO AGENCIES FOR CtI~iMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and reccamrnendations will be considered by the Meridian Planning 8 Zoning Commission, may we have your answer by: M ay 3, 1994 TRANSMITTAL DATE: 4/19/94 HEARING DATE: 5/10/94 REQUEST: Resubmittal of Haven Comae No 5 Preliminary Plat BY: Interwest Development and David Collins LOCATION OF PROPERTY OR PROJECT: West of Linder Road and North of Pine Street JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P2 TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C . WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT MERIDIAN SCHOOL DISTRICT MEf~IDIAN POST OFFICE(PRELIM & FINAL PLAT) ADR COUNTY HIGHWAY DISTRICT AD~A PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NA~P'A MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT ~_IDAI~O POWER CO.(PRELIM 8 FINAL PLAT) U.S..INEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8t FINAL PLAT) CITY FILES (! i'FtER: YOUR COa~ISE REMARKS: We require a permanent 10-foot wide public utilities easement along all lots adjacent to a road right-of-way dedicated to public or private use. Tim Adams ,~-~ ~,~ S Idaho Power 322-2047 ~-Zt' HUB OF TREASURE VALLEY JAN ~ ~ 1994 COUNCIL MEMBERS OFFICIALS A Good Place to Live RONALD R. TOLSMA WILLIAM G.BERG,JR.,CItyClerk JANICE L. GASS, Clty Treasurer ROBERT D. COARIE CITY OF MERIDIAN MAXYERRINGTON MORROW ALT W GARY D. SMITH, P.E. City Engineer . W BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO WAYNE S. FORREY, AICP i t JOHN T. SHAWCROFT, waste water Supt. or stra Planner b Zoning Admin KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 J<U:.~~~~~~ JtM JOHNSON W.L. "BILL" GORDON, Police Chiel Phone (208) 888-4433 • FAX (208) 887-4813 Chairman -Planning & Zoning WAYNE G. GROOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211 _ 1~~~ ~ ~ ~ GRANT P. KINGSFORD I Mayor C~'j'y p~ 1~EI~II3IAI~ 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. ~99ti • 2. g, 9y TRANSMITTAL DATE: ~") ~ "q ~ HEARING DATE: ~Q REQUEST : ~~w~,l ~'t oY1 ~ 0.,,,,1 Z~,,.~ ~ `1'11 G- ~o ~..,~,.~..;. cam, P 14:~ ,J.>~t "YLQ ._ S LOCATION OF PROPERTY OR PROJECT : ~ ~ ~ -~-~-~t'1 C~ ~ ~ 1 ~: 3`Y1 ~ I LJ c~ . ~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 WALT MORROW, C/C MAX YERRINGTON,C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT 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 PLiiT) U.S. WEST (PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUR OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER• We require a permanent 10-foot wide public utilities easement along all lots adjacent to a road right-of-way dedicated to public or private use. Tim Adams ~.Dp..r+s Idaho Power '~ 9 ~ 322-2047 ~ , 2~ ~EC~I~~~ FE8 - 6 t~~~t CITY OF ~E1R~DIAIV February 2, 1994 Meridian Planning and Zoning Commission Meridian City Hall 33 E. Idaho Ave. Meridian, ID 83642 To Whom It May Concern: I own the piece of property on the east boundary of the proposed Subdivision No. 5. My concern is for the future sewer drainage system for my property when I'm ready to develop. As the natural drainage on this piece of property is from the east to the west, I would propose that there be a provision for a future sewer system connection from my property into the Haven Cove proposed Subdivision No. 5. Sincerely, Thomas A. Geile Aloys Schlekeway 2090 West Pine tileridian, Idaho 83642 8k~-~lyZ Larry Sale Ada County Highway District February 1, 1994 Dear Sir: 'T'his letter is concei•nir~~; the proposed subdivision known as Haven Cove #5. When 1 laver C"ovn #2 was in the planning process, I attende cr y meetings and [Zutledge Avenue was to wine through onto my property eventually. "I~'hat was apparerjtly changed soir~etirne after to a cu. de sac, without my knowledge, leaving me no access road through to my property. Now Haven Cove #5 has absolutely no through streets coming through to my property, either. I am concerned that I am becoming landlocked with no planning for street access or possible sewer access, which would make it difficult to ever develope or sell. I would appreciate any input you might have regarding what you might envision for access to my property. Thank you. Sincerely, Aloys Schlekeway ~;c: Wayne Forney HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk S CITY OF MER RONALD R. TOLSMA I GAFlY D. SM TH P.E. City Eng veer IDIAN R BERT D. CORR E BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief " " MERIDIAN IDAHO 83642 Planner & zoning Administrator W.L. BILL GORDON, Police Chief r WAVNE G. CROOKSTON, JR., Attorney Phone (208) 888.4433 • FAX (208) 887-4813 JIM JOHNSON Pubiic Works/Building Department (208) 887-2211 Chairman ~ Planning & Zoning GRANT P. KINGSFORD Mayor March 1, 1994 ~~~~~'ED Dr. Coe Parker 2930 W. Pine St. r"~k-~•~~ t~. , Meridian, ID 83642 ~~ ~~ ~~~~~~ RE: Draft Development Plan and your letter dated February 23, 1994 Dear Dr. Parker, I have previously discussed access to your property with the property owner to the north and it is my intention that access would be provided in that direction and possibly also to the east. I have required the developer to your west to extend sanitary sewer to the west side of the Eight Mile Lateral. You would need to cross the lateral to connect. Water extensions need to stay in a public right of way and would therefore need to come from Haven Cove and the Eddy parcel. By City Ordinance if your property boundary is within 300 feet of a property being proposed for any use requiring a public hearing you will be so notified by certified mail by the City of Meridian. This process should keep you informed of any development activity within 300 feet of your boundary. Si erely, Gary D. Smith, PE City Engineer cc: File City Clerk >~ n i~ ~ C.IJ C° ~' ~~~ ~~ ~~ - ~~ R"'AN LN r ~'.~ Q z 0 ~ _ . .. • - . i t t ~ ..~ y ~, 2 = A mw • ~ . N N STOCKER AV __ .. O ~ O m ID ~ N r ~ N ~ N R7' ~ ' ~ ~ ~p O rn.~ ~~~~~~~~~~~• ~ v ~ O~ ~` a. N A ~ V m~ N~ N N ~ N V m N ~ ~ A ' I V ~ ; ~ ~ 1 a O ~ F" *.14 A ~ • ~ ~ f D - Z ~ ~ "i N IJ m t0 ~ A 1 UI O ~ ~ ~ G N Z1 ~ . N `s / - __ ~ ~ _ .-~ ~ -~ ~ 1~ ~ - IV 'X / A ~ m ~ ~ N N ~ ~ ~ w A ) I ~ N N ( JI A ~ ~ ~ ~ N A A r ~ ~ ,/ ,r ~ (V M U w 3 / M ~` N ~ UI V Ul 07 UI !O Off! V ~ 10 A O I • a N , ~ ~. 11 ~ Ul d W N r m ~ ~ A (D A m A V A. m A UI A A A W ~ `q 2j, G ^y~ ~~~ ~ ~ W 9 - s - _~y`~1 v A ~ / ~ / ~ N A ~ V N ~ ~ ~ ~ / ~ ~ s r ~ ~ } N \. '~~ n y `~ j IV „~~ . M \'• y~~7 ~' \'• `~ N ~:,~ -.° ~,:: ~ ... .; ~./ } :at:. / /` Fv~ N ~N ,~ ~Q '~ 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 Chiet W.L. "BILL" GORDON, Police Chiet WAVNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 8884433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM To: Mayor, City Council, Planning & Zoning Commission From: Gary D. Smith, PE `c,~ ~'G~'"'"t^~ Date: May 6, 1994 RE: HAVEN COVE NO. 5 SUBDIVISION (Preliminary Plat - Resubmittal) COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman -Planning & Zoning 1 have reviewed this resubmittal and offer the following comments for your information and or use as conditions of the applicant during the hearing process: 1. Our Zoning Ordinance requires a 40 foot chord dimension for lots fronting a culdesac. I interpret this chord dimension also applies to lots on 90° curves. Although chord dimensions are not shown it appears some lots on the 90 ° curves are short of the 40 foot chord requirement. 2. A 20' wide common lot access shall be provided to the north in lieu of the 20' wide easement. 3. Irrigation waste ditches are shown to be relocated but where will they be placed? Provide details for piping with development plans. 4. Submit street name approval from Ada County. The subdivision name can only be used after the Haven Cove No. 4 subdivision is recorded. 5. The additional right of way for Pine Street needs to be dimensioned with the landscape easement noted in the application. Five feet doesn't seem adequate for a landscape berm as noted. ACRD is asking for 30 feet, however the street section shows 33 feet. 6. A temporary turn-a-round needs to be provided at the dead end of W. Maura St. 7. The sidewalk width for urban residential streets in Meridian is 5 feet. This needs to be changed on the typical street section. MERIDIAN CITY COUNCIL MEETING: Jui 19 1994 APPLICANT: S.1 DEVELOPMENT AND DAVID COLLINS AGENDA ITEM NUMBER: 13 REQUEST: PUB C HEARING: REQUEST FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR HAVEN COVE N0.5 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: 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. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-A433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman -Planning 8 Zoning GRANT P. KINGSFORD Mayor MEMORANDUM To: Mayor, City Council, Planning & Zoning Commission From: Gary D. Smith, PE ~ ~v ' Date: May 6, 1994 RE: HAVEN COVE NO. 5 SUBDIVISION (Preliminary Plat - Resubmittal) I have reviewed this resubmittal and offer the following comments for your information and or use as conditions of the applicant during the hearing process: Our Zoning Ordinance requires a 40 foot chord dimension for lots fronting a culdesac. I interpret this chord dimension also applies to lots on 90° curves. Although chord dimensions are not shown it appears some lots on the 90 ° curves are short of the 40 foot chord requirement. 2. A 20' wide common lot access shall be provided to the north in lieu of the 20' wide easement. 3. Imgation waste ditches are shown to be relocated but where will they be placed? Provide details for piping with development plans. 4. Submit street name approval from Ada County. The subdivision name can only be used after the Haven Cove No. 4 subdivision is recorded. 5. The additional right of way for Pine Street needs to be dimensioned with the landscape easement noted in the application. Five feet doesn't seem adequate for a landscape berm as noted. ACHD is asking for 30 feet, however the street section shows 33 feet. 6. A temporary turn-a-round needs to be provided at the dead end of W. Maura St. 7. The sidewalk width for urban residential streets in Meridian is S feet. This needs to be changed on the typical street section. 8. The Central District Health Department comments relative to storm water discharge need to be addressed by the applicant. ACHD needs to agree to maintenance of all off-site storm water disposal systems. 9. The highest seasonal groundwater elevation needs to be determined so that the bottom of building footings can be set a minimum of 12 inches above that elevation. 10. The applicant needs to submit lot closure calculations for all irregular shaped lots verifying they contain a minimum of 8,000 square feet. 11. A 10" diameter water line shall be constructed along the projects frontage on Pine Street. 12. Sewer lines shall be graded at 0.40% (minimum) with culdesac and dead-end lines at 0.60% (minimum). 13. Applicant needs to submit a plan showing locations of all fire hydrants and street lights. 14. Nine Mile Creek's 100 year flood is shown to be contained within its banks in this area. 15. Provide temporary culdesac at the west end of W. Maura St. 16. N. Tina Marie Place should be turned 180° to connect to W. Maura St. to take advantage of the natural ground gradient for storm water and sanitary sewer drainage. 17. W. State Ave. should be moved north in alignment with W. Washington to provide access at the lowest ground elevation of the property adjacent to this east boundary. 18. Several lot frontages need to be increased to 80 feet for ordinance conformance. HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY 0. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS. Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administra JIM JOHNSON Chairman ~ Planning 8 Zonir GRANT P. KINGSFORD Mayor MEMORANDUM To: Mayor, City Council, Planning & Zoning Commission From: Gary D. Smith, PE RE: HAVEN COVE NO. 5 S IVISION (Annexation, Zoning, Preliminary Plat) I have reviewed this submittal and offer the following comments for your information and or use as conditions of the applicant during the hearing process. 1. The subject 20 acre parcel is contiguous to existing City limits on the north (Haven Cove Subdivision) and on the south (Merrywood Subdivision). The warranty deed legal description does include the north one-half of W. Pine Street. 2. Our Zoning Ordinance requires a 40 foot chord dimension for lots fronting a culdesac. Development is interpreting this chord dimension applies to lots on all curves which I don't think was the intent. However, if it was the intent then, for lots on curves, we should still be requiring that the lot width at front setback be the same as for a lot on a straight street. Some of the lots on a curve in this subdivision, showing a 40 foot chord frontage, are quite narrow, even though they are deep and appear to have the needed lot area. 3. An access should be provided to the north to connect with the access provided from the approved Haven Cove preliminary plat. Access should also be provided to the property to the east of this parcel. The adjacent portion of the approved preliminary plat of Haven Cove should be shown on this preliminary plat. 4. Irrigation waste ditches are shown to be relocated but where will they be placed? 5. Several street names as shown are not acceptable to Ada County . The subdivision name can only be used after the Haven Cove No. 4 subdivision is recorded. 6. The additional right of way for Pine Street needs to be shown with the landscape easement noted in the application. Five feet doesn't seem adequate for a landscape berm as noted. 7. Boundary dimensions need to be shown on the plat. 8. The vicinity map should call out the site and be labeled as a vicinity map. 9. Temporary turn-a-rounds need to be provided at the dead ends of W. Maura St. and W. Washington St. 10. The sidewalk width for urban residential streets in Meridian is 5 feet. This needs to be changed on the typical street section. 11. The Central District Health Department comments relative to storm water discharge need to be addressed by the applicant. ACHD needs to agree to maintenance of all off-site storm water disposal systems. 12. The highest seasonal groundwater elevation needs to be determined so that the bottom of building footings can be set a minimum of 12 inches above that elevation. 13. There are 6 or so lots that don't appear to contain 8,000 square feet. The applicant needs to submit lot closure calculations for all irregular shaped lots verifying they contain a minimum of 8,000 square feet. 14. The preliminary plat print submitted was a very poor quality print and lot dimensions, contour line elevations, lot and block numbers are generally difficult and in some cases impossible to read. 15. A 10" diameter water line shall be constructed along the projects frontage on Pine Street. 16. The sewer and water mains shall exit this projects north boundary in a public right of way in line with the stub roadway shown on the previously approved preliminary plat of Haven Cove. 17. Sewer lines shall be graded at 0.40% (minimum) with culdesac and dead-end lines at 0.60% (minimum). 18. Applicant needs to submit a plan showing locations of all fire hydrants and street lights. 19. Nine Mile Creek's 100 year flood is shown to be contained within its banks in this area. 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. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAXYERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman -Planning & Zoning MEl'IORAHDUIi TO: Plann'~i/~n-~g `~& Zoni~nCg~~Commission, Mayor and Council c~ ~~"~`~ & Zonin Administrator FROM: Shari L. Stiles, Planning g DATE : May 6. 1994 SUBJECT• Annexation and Zoning with a Preliminary Plat for Haven . Cove No. 5 1, Frontage ssrthan 80' andoarelnotnapproved. 3 and 4 of Block 13 a-re le 2, Freliminary plat should show all easements, placing of fencing, and pedestrian access to adjacent subdivisions or future subdivisions. A pedestrian access should be provided to the west between Lots 15 and 16 of Block 12. 3, A 50' right-of-way on Pine Street is not sufficient. Pine Street is designated as a collector street. A diagram of a Minor Arterial is shown. What is this for? 4, Contour lines are not shown: 5, A temporary turnaround on Maura Street is needed. 6, Proposed restrictive covenants must be submitted. 7. Fire hydrants and streetlights need to be shown. g, Until adjacent areas are developed, there is only one way in and one way out of this subdivision. Haven Cove No. 4, scheduled for the north of this phase, has not been approved and also does not tie into this development. 9. Plans for any laterals and wasteways must be detailed and submitted for approval. 10. The landscape strip and bike path indicated to be provided in the application need to be detailed and/o-r shown. Memo to P&Z Commission, City Council May 6, 1994 Page Two 11. Each lot needs to be 8, 000 square feet exclusive of all easements. Engineer has indicated average square lot size is 9,500 square feet; this does not appear to be correct. Please provide list documenting individual lot sizes. 12. Minimum house size of 1,400 square feet must be included as a note on the final plat. 13. Note on final plat should indicate direct lot or parcel access to Pine Street is prohibited. 14. Obtain authorization for irrigation/drainage relocations from the appropriate entity. Drainage easements and their use restrictions shall be noted on plat. Submit executed agreements for land use change to City. 15. Buffering adjacent residential uses is required. I recommend this project be tabled or denied until adequate access and all above items a-re addressed to the satisfaction of the City. Applicant would be well-advised to schedule pre- application meetings on future developments as required in our current Ordinance. 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 Chiet W.L. "BILL" GORDON, Police Chiet WAVNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 COUNCIL MEMBERS RONALD R.TOLSMA MAX YER RINGTON ROBERT D. CORRIE WALT 1N. MORROW SHARI STILES Planner d Zoning Administrator JIM JOHNSON Chairman -Planning 8 Zoning 1'IEHORAHDUI'I GRANT P. KINGSFORD Mayor TO: Planning & Zoning Commission, Msyor and Council FROM: Shari L. Stiles; anning ~ oning Administrator DATE: April 8, 1994 SUBJECT: Annexation and Zoning with a Preliminary Plat for Haven Cove Ho. 5 This plat is not drawn to accurate scale and has awkward flag lot configurations of dubious square footage. Preliminary plat should show all easements, placing of fencing, pedestrian access to adjacent subdivisions or future subdivisions. A 50' right-of- way on Pine Street is not sufficient. Vicinity map on preliminary plat gives no clue as to site of this proposal. There is no authorization from current owner of property requesting annexation. In addition, the name of the owner does not appear on the preliminary plat. Cul-de-sac dimensions need to be drawn to scale and measurements given. Turnarounds on Washington and Maura Streets are needed. Until adjacent areas are developed, there is only one way in and one way out of this subdivision. Haven Cove No. 4, scheduled for the north of this phase, has not been approved and also does not tie into this development. Plans for all laterals and wasteways must be detailed and submitted for approval. The landscape strip and bike path indicated to be provided in the application need to be detailed and/or shown. Each lot needs to be 8,000 square feet exclusive of all easements. Engineer has indicated average square lot size is 9,500 square feet; this does not appear to be correct. At least one stub street to the East needs to be provided. Note on plat should indicate direct lot or parcel access to Pine Street is prohibited. State lot access restrictions on final plat. Provide stub street to easterly boundary in line with Warrior Street. Observe ACRD policy regarding location of intersections with Pine Street and their alignment o-r separation from streets already approved into developments on the S. side of Pine Street. Obtain authorization for irrigation relocations from the appropriate entity. Drainage easements and their use restrictions shall be noted on plat. I recommend this project continue to be tabled or denied until accurate information addressing all above items is received. 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 MERIDIAN RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE GARY 0. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 Planner 8 zoning Administrator W.L. "BILL" GORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887-4813 Chairman ~ Planning d Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be consi d, ~ e ~~~E~ Meridian Planning &~ Zoning Commission, may we have your ans by: ~ s ~s~~ May 3, 1994 • ~.. . TRANSMITTAL DATE: 4/19/94 HEARING DATE: 5/10/94 REQUEST: Resubmittal of Haven Cove No. 5 Preliminary Plat BY: Interwest Development and David Collins LOCATION OF PROPERTY OR PROJECT: West of Linder Road and North of Pine Street JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P2 TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH - NAMPAMERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTA GAS(PRELIM & FINAL PLAT) BUREAU OF R C MATI~'ttl(PRELIM 8< FI~(C'PLAT) CITY FILES OTHER: YOUR CONCISE RE . ~ .~ HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk RONALD R. TOLSMA MAXYERRINGTON JANICEL.GASS,CityTreasurer CITY OF MERIDIA ROBERT D. CORRIE N GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt 33 EAST IDAHO- SHARI STILES KENNY W. BOWERS, Fire Chief 83642 ~ IDAHO MERIDIAN Planner 8 Zoning Administrator W.L. "BILL" GORDON, Police Chief , , JIM JOHNSON WAYNE G. CROOKSTON. JR., Attorney Phone (208) 888433 • FAX (208) 887.4813 887 t 208 2211 W k /B ildi li D q Cjhairman ~ Planning 8 Zoning ~ E~~ ~ - epartmen ( ) or ng c s u Pub i Y d ~~ GRANTPIy yIo GSFORD qpR 2 5 1994 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, may we have your answer by: M ay 3, 1994 TRANSMITTAL DATE: 4/19/94 HEARING DATE: 5/10/94 REQUEST: Resubmittal of Haven Cove No. 5 Preliminary Plat BY: Interwest Development and David Collins LOCATION OF PROPERTY OR PROJECT: West of Linder Road and North of Pine Street JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM ~ FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES , ` OTHER: ~ Z 2 - ~ '7' YOUR CONCISE REMARKS: ~,tAN ° R 2c,,,ty s t~-;[,C. ry.,t.~u -Eo i3.Y `~ A I,tJ. M.4~.tP_ ~ Sf'- f w. sy,~.fc T, LL ~~u~~ ~r.e Co D ~~-~- __ Tom. ~ . I_~ Q[.e,'P~S' We are in a difficult position and need your help in dealing with the impact of growth on schools. Sincerely, ll~ ~a'~~'e-- Dan Mabe Deputy Superintendent DM:gr ~~Q EXCEL! ~y Q ~l JAN 2 1 194 i~ O~ ~~~~~~~~ SUPERINTENDENT OF SCHOOLS Bob L. Haley DEPUTY SUPERINTENDENT Dan Mabe, Finance 8~ Administration DIRECTORS Sheryl Belknap, Elementary Jim Carberry, Secondary Christine Donnell, Personnel Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911MERIDIANSTREET • MERIDIAN,IDAH083642 • PHONE(208)888-6701 January 19, 1994 City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: Haven Cove Subdivision Dear Councilmen: I have reviewed the application for Haven Cove 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, ~?ix /v`0~-~/~ Dan Mabe, Deputy Superintendent DM:gr JOINT SCHOOL DISTRICT No. 2 150 SEC. LOAD PROJECTIONS -FALL 1993 CLASSROOM 25 EL. CLASS AV. . 16-Dec-93 ELEMENTARY ENROLLMENT PRESENT CAPACITY PORTABLE CLASSROOMS DIFFERENCE CAPACITY USED SCHOOLS 10/1/93 598 . -81 113.55% CHIEF JOSEPH 679 13 97.03% EAGLE 424 437 437 1 -59 113.50% EAGLE HILLS 496 97 86.47% FRONTIER 620 717 426 2 -118 127.70% JO P LI N 544 460 1 36 92.17% LAKE HAZEL 424 437 2 -150 134.32% LI N D ER 587 460 2 -62 113.48% MARY McPHERSON 522 2 -28 104.98% McMILLAN 590 562 506 1 -15 102.96% -~ MERIDIAN 521 51 92'87% PIONEER 664 715 61 85.27% RIDGEWOOD 353 414 58 83.19% SILVER SAGE 287 345 13 95.29% STAR 263 276 481 -23 104.78% SUMMER WIND 504 -70 114.49% U STI C K 553 483 ====1 - ____ ______ _ _ _ _ _ _ __ TOTAL ________ __ ______8031 ---7,754 12 -277 103.57% M+ddte Schoo i 140 1 1,000 5 -140 114.00% LAKE HAZEL , 439 1 100 1 10 -339 130.82% LOWELL SCOTT , , 250 1 3 -334 126.72% ---~- MERIDIAN 1,584 , ------- • ---- --- - _____ TOTAL " _______ ______ 4,163 ---3,350 18 -813 124.27% HH -oo~~h~ ~-hoo ~ CEtVTENNIAL 143 2 1,900 7 -243 112.79% ____~ M ERI DIAN , 2, 403 1, 950 9 8 - 453 19 123.23% 62% 114 ALTERNATIVE 149 130 ---- ---- --_ - - TOTAL ________ ______4695 ===3,980 24 -715 117.96% DISTRICT TOTALS 16,889 15,084 54 -1805 ~~~~~~ JAN 2 1 ~~~~ MAY 1 i i~~ C~'~Y dF 1~~~:I~i~~ GLENN J. RHOGES, President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary May 4, 1994 TO: INTERWEST DEVELOPMENT INC 3350 AMERICANA TERRACE #100 BOISE ID 83706 FROM: Larry Sal u v' Developm S SUBJECT: HAVEN COVE #5 SUBDIVISION - PRELIMINARY PLAT On May 4, 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, toaether 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 . 11 .:. . - .... ~ j <3 Cj P. ~ E.~7..eu s:ignod anc~ date•a b: a ?eg~stered =mss - n .. ~ 2r. ~-~~,. s iona~ Er,i:lE~ ~r ar pr~~,essional Nand S~srveycr, i_r. com;~lia.nce Ta~ t'_: Idaho ^c:de . ~ . Frr~vi.~e W1"' t}en urprOV.3~ Trr~;~1 t''1~ r ,-,-• _ a ;Jropr .te _~ ~ '_ga ;'_~c:/i1,~d~airlaCCE' G'~1SL.L _Ct aLlr~lO.=~~ i7:;~ .;~":OrTil ~:.iTlOtf» yii:'O theiZ :a :~ S ~ p^.; . :. a.,0'.:•ate abstr~;.^tians ; ut ill}T facilitio :'- ~•z• -~ i s, ~i.r ~ga.t i„ ~ ~.,.d arair.- age appurtenances , etc .) outs_de •~ ti•.e proposed street i%1- pro~~ements. Autlo.:i~atior_ for re:~ocat~.~ns~.hall be obta.: ed from the appropriate enti`cy. 5. Continue existing irrigation and drainage systel^s across ~ar- ce:L . - 7 , S~:bmi.t three sets of. :street construction plans tc the nistrict for rev?ew and appropriate action. 3. ~Li}JTT'ilt site drainage plans and calcul.atiors ~~or review and appropriate action uy ACRD. The proposed drainage system sYiail conform to the requirements of the City of ~cridian and Shall retain all storm water on-site. rublic street drainage facilities shah bc~ .~ccated ir. the public right-of-way or in a drainage easement set aside :~pecif- ical-iy for that use. There shall be no trees, fences, bushes, shads, or other valuable amenities placed iz•. sa.id easement. Drainage easements azld their use restrictions shall be acted cn ,; he plat. 9. Prov.i.de design data fo.z- proposed access tc public streets fo;: r?~.~ie~~r and appropriate actio:l by ACiiD. 1v. T.,ocate driveway ourb cuts a mizrimw^1 cif ~-feet tr;:m the side ict pxoperty lines when the :?r. i.veways are o . being shared with the adjacent pr:~perty. ~1. Leveloper shall provide the District with a r_c~,~y r_f she record- .~d plat prior tc tine ir~stall.ati~or. of strce- name sins. Stz-eet signs will not be ordered until all fees have been paid and a copy ~~f the re~~or~.ed ,? at has :peen pro~Tided to ACu.D staff . The copy of file recorded plat shall :~:lcw the recording inf~~rmat.ion as inscribed by the Deruty CcuntY Recordor. i%. Instaii~ a stop sign cn every unsignalizod appr:,ach of a project street to are intersection. ir.volvng a ;:ollector er arterial as the cross-street . The stop sign s:~all be :in-- .~:talied wraE'n the pro j E?Ct street 1S ell's ~ ? ~CeSS~.'Jie tG t~i2 [:1Qtor~ng pu,~".i.',.C. ~r, n P P ~'3 ~ ~r~ ^~"~ R"" AN LN ,r' p ~ ~° O 1 11 - ~ ~ n -- ~ -- - - - - -- -- =~ __ ~ i - Co ~ ~, o ~ ~° 1 =D I' ' 1 1 mV OI _ _ "~ N. $TUCKER avf n 2 0 ~ t0 O ~~~ _ _ _ O _ d j a gym., f~ s_ ~ p 5, o ~ -Z lid ~ Y i ~j. aJ. ~ w ~ ~ ~ ~ ~ N ~ f _ ~ _ i 7. i ~ ' i 'jr ' ~ ~ •o co : ~ i o .a ~ J P ~ ~ ~ N _~ ., w O `~ a ,~ N w s q ~ ~ :, m~~ ~ N ~ y9~ -~~~~ ~ ~• N , - ~- - - ~' . --- ----- N O,p m A .a m ~ j N y r •• ~O ~~ a - ~: Y.~ ` ~~~~ .~ • GLENN J. RHODES, President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary T0: INTERWEST DEVELOPMENT INC 3350 AMERICANA TERR., #100 BOISE ID 83706 FROM: Larry Sale, Su erv' r Development v'~ SUBJECT: HAVEN COVE #5 - PRELIMINARY PLAT February 2, 1994 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 ~S~i.~~ ~! ~~ C~'f C JAMES E. BRUCE, President GLENN J. RHODES, Vice President SHERRY R. HUBER, Secretary TO: ACRD Commission ~~~ ®~ ~'e~~i~~f~,~d DATE: FROM: .:SUBJECT ; Development Services Terr., #100, Boise. ID 83706) (Engineer/Surveyor - Collins Engineering Co., 3350 Americana Terr., ;#120, Boise, ID 83706) INTER-DEPARTMENT CORRESPONDETICE '~f AVF.,CCiV5 /DSTECH 2-2-94 January 28, 1994 PRELIMINARY PLAT - HP.VEN COVE #5 {Developer - Interwest Development Inc., 3350 Americana FACTS & FINDINGS: 1. Haven Cove #5 is a 73-lot single family residential subdivi- sion located on the north side of Fine Street approximately one-half mile west of Linder Road. 9 2. GENERAL INFORMATION: ACRES - 20.0 FEET OF NEW PUBLIC STREETS - 3,180-feet LOTS - 73 Residential VEHICLE TRIPS PER DAY - 730 TRAFFIC; ANALYSIS ZONE - 272 L.F. OF FRONTAGE ON Pine Street - 660-feet MOST RECENT TRAFFIC COUNTS - None available FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Collector ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Lane EXISTING RIGHT-OF-WAY - 50-feet REQUIRED RIGHT-OF-WAY - 60-feet {30-feet from centerline) IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities 3. 'I"wo stub streets have been proposed to the westerly boundary of the project, but none to the east. Staff recommends that at least one stub street be provided to the easterly boundary. 4. This application is scheduled for public hearing by the Meridi- an Planning & Zoning Commission on February 8, 199~l. ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 RELyIZINAI2Y PLAT - HAVEN CCVL # 5 3anuary 2~, ?994 Page _i ;' , :submit throe sets of street uonstru%tion clans to tree District For review and appropriate action. 8. Submit sites drainage plans and calculations for review znd :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.. Fublic street drainage facilities shall be located in the public right-of-way o.r 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. i.0. Locate driveway curb cuts a minimum of :~-feet from the side lot property lines when the driveways are not being shared with the adjacent property. 11. Developer shall provide the District 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 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 cross-street. The stop sign shall be in- stall~d 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. ;~~ / ~ tJ.. T I _ ~~ _ ~~..o ~~ ~ ~~~ I~ ~ '~ J / ~ I `~ ~ , 4 v Or ~ ~ • r .-~ /i J ~: / N / ~ ~ i _ m ~~' u~ 6p ~ N N (~~)~) ~ G~ P ~~~Q ~ - {~ a 2~ O ~ ~~' a~ w r ~ b z ~ N - „ er ~ - - J - \1 rt ~'' ~ '~ . --- . 9 Q o-~ ~' 'rc T1~ ~ ^ '' b ~ ~ a+ n ~ 3 ° °° d `.2 ~ ~ 3 . ~ ~~N N S .p_ b „~,~,n ~_ ~ o. o / fQ ./~° / a a M 2 - a m ~ a i ~ ~ 3 ~ !n tP °O ~ r ~= ~ t0 _ r O J 3 ~ ' T~ ~. .o ~a-- s P =~ ~' ~ ~ O ~ ~~ W a ~ _ ___ _ I ~ ~ ~ 3 0 S V 3ntl iJ3N~f115 ~N • n N - , J nW I ~ L n~ p= ~ ' V 1 ~ ~ ~ ~ ~ ~ ' ? -- - - - - -- - ---- -- ; __ - - - v • ~ Q ~ O~ Q d . 2 1 ~ ~ ; ~~ ~ ~ NV-~~ii N . ~, t _ y~, ' . 1 ~, ; ~/ - --~ G i ~. ~- ~~ -- _ / _ _ __ JAN 3 1 194 SUBDIVISION EVALUATION SHEET ~~~~ gyp= si~~~;~N;~; City MERIDIAN Proposed Development Name HAVEN COVE N0. 5 formerly BETHHAYEN Date Reviewed 01/27 9~ Preliminary Stage xxxxx Final Engineer/Developer Collins En r. IntrovedtbDe theo Ada County Engineer or his The following SUBDIVISION NAME is app Y i nee er the re uirements of the IDAHO ATE CODE. must be contiguous and % Date Z recorded in numeric order The Street name comments listed below are made by the members of the A C TY STREET NAME COMMITTEE (under direction of the Ada County Engine ~~ ;r_a ac ding this development in accord?.nce with the Meridian City Street N_...e The followin existin street names shall a ear on the lat as: "W. PINE AVENUE" "W. WASHINGTON STREET" "N. TINA MARIE AVENUE" "N. TINA MARIE PLACE" The followin new street name is a roved and shall a ear on the lat as: "W. MAURA STREET" "FAE" sounds too close to "MAY" and "BAY" and therefore cannot be used. "WARRIER" is not close enoutth for alis~nment (150' from centerline to centerline) and therefore cannot be used. "RUTLEDGE" is not close enou h for ali nment the end of the street is at the ed a of a vacant iece of round. 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 nam~:s to be officially approved. ADA COIIN'!'Y STREET NAMlE COMMITTEE Ada County Engineer Ada Planning Assoc. John Prieste: Terri Raynor Meridian Fire District Representati~~ :SIGNEES to 27 t e ~~/~~ to NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat"Street Index he plat will not be signed !!!! Sub Tndex NUMBERING OF LOTS AND BLOCKS HUB OF TREAISURE VALLEY OFFICIALS A Good Place to Live _ WILLIAMG.BERG,JR.,CItyClerk CITY O~ MERIDIAN JANICE L. GASS. City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. sHAwcROFT, waste water supt. 33 EAST )IDAHO KENNY W. BOWERS, Fire Chiel MERIDIA;<+fl„ IDAHO 83642 • W.L. "BILL" GORDON, Police Chiel ~y WAYNE G. CROOKSTON, JR., Attorney Phone (208) 8884433 • FAX (208) 88711813 ~~~ ~~ V ~~ Public Works/Bt>iiS~g Department (208) 887-221 GRANZrIP'..KINGSFORD M A{t _ '1 1~~a~ Brtayor !_I hR CITY ~F MERIDIAN COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Atlministrator JIM JOHNSON Chairman ~ Planning 8 Zoning TRANSMITTAL TO AGENCIES FOR Ci~~'~IMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recoraunendations will be considered by the Meridian Planning ~ Zoning Commission, may we have your answer by: Mav 3. 1994 TRANSMITTAL DATE: 4/19/94 HEARING DATE: 5/10/94 REQUEST: Resubmittal of Haven Coen No. 5 Preliminary Plat BY: Interwest Development and David s~ollins LOCATION OF PROPERTY OR PROJECT: West of Linder Road and North of Pine Street JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C . WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT lAERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFiCE(PRELIM & FINAL PLAT) ADR COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CE6il:TRAL DISTRICT HEALTH NAItiI'PA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT _,~_IDAdiO POWER CO.(PRELIM 8 FINAL PLAT) U.S_ WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM ~ FINAL PLAT) CITY FILES OThfER: YOUR CO?+IOISE REMARKS: We require a permanent 10-foot wide public utilities easement along all lots adjacent to a road right-of-way dedicated to public or private use. Tim Adams ~-~ N'o~ S Idaho Power 322-2047 ~-~.~' HUB OF TREASURE VALLEY ~~~~~~~~ OFFICIALS COUNCIL MEMBERS A ~ ~ ~ ~~~~ RONALD R. TOLSMA WILLIAM G. BERG. JR., City Clerk -r MAX YERRINGTON JANICE L. GASS, Clty Treasurer CITY OF ~~I~~I ~ ROBERT D. CORRIE GARY D. SMITH, P.E. City Engineer L BRUCE D. STUART, Water Works Supt. j,~~ of ~,p~T}~~~ WALT W. MORROW JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO ~t// 1 Y li 1~1 `1 YNE S. FORREY, AICP KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 53642 Planner 8 Zoning Administrator W.L. "SILL" GORDON, Police Chief ~ ~ ^ ~ 0 ~~ D JIM JOHNSON WAYNE G. GROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887813 (`Vr"J Chairman • Planning 8, 2on~ng Public Works/Building Department (208) 887-221 GRANT P. KINGSFORD ~ ~ ~ A ~ ~~J jt Mayor N~~AM~~PA~~&pp~~yM~~E11RI~~DIANTT TRANSMITTAL TO AGENCIES FOR CONIIKENTS ON DEVELbPMENTR~ROJECTS 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, i 99 ~ TRANSMITTAL DATE : ~ " ~ 6 ' ~ ~ HEARING DATE : ~" o ~ y ~~ CaN-~ REQUEST • ~-1 a.- )~ S LOCATION OF PROPERTY OR PROJECT : ~ • ~ • ~~ -`~c~-1 ~ ~ ~ r JIM JOHNSON, P/Z MERIDDAN SCHOOL DISTRICT MOE ALIDJANI, P/Z MERIDIAN POST OFF. (PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRR. DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER CO. (PRELIM & FINAL PLAT) y~ALT 1~~ORROW, C/C u . 5 . WEST (rRELIM & FIivAL Y~A'1' j MAX YERRINGTON,C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUR OF RECLAMATION(PRELIM & FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS :All laterals and waste ways POLICE DEPARTMENT must be protected. Municipal surface drainage must CITY ATTORNEY be retained on site. If any surface drainage leaves CITY ENGINEER the site, Nampa & Meridian Irrigation District must CITY PLANNER review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommende d that irrigation water be made available to all evelop- ments within this District. Nampa & Meridian Irrigation District requires that a Lan Use C ange Site Deve opment app ication e i e or review prior to ina p atting. ontact onna oore at - or - or urt er in ormation. ~~~~'.~ JAS ~ i ;~~~ ~~7~ Z ~i ~SLY{J YI~iC 1903 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 2 8 January 19 9 4 Phones: Area Code 208 David COllinS OFFICE: Nampa 466-7861 Collins Engineering Co. Boise 343-1884 3350 Americana Terrace, Sulte 120 SHOP: Nampa 466-0663 Boise 345-2431 Boise, ID 83706 RE: Land LTSe Charge Application for Haven Cove No. 5 Dear Mr. Collins: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above- referenced development. You were previously sent a complete packet of information concerning Land Use Change, urban irrigation, and exclusion. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Superintendent 4• City of Meridian Interwest Development, Inc. COp~ enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. GROOKSTON, JR., Attorney A Good Place to Live JAN 2 01994 COUNCIL MEMBERS RONALD R. TOLSMA CITY OF MERIDIAN WALTW.MORROW 33 EAST IDAHO WAYNE 5. FORREY, AICP MERIDIAN, IDAH083642 ~ ~~~~~~~Planner6zcningAdministratcr JIM JOHNSON Phone (208) 888.4433 ~ FAX (208) 887-4813 Chairman • Planning ii Zoning Public Works/Building Department (208) 887-2211 _ GRANT P. KINGSFORD 7~t~~~n~ ~ I~~~ Mayor ~~ i g +V~ Ei~.~°slr~,~;( 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: TRANSMITTAL DATE: ~" REQ BY: • c~, ~ HEARING DATE • ~• ~ ~ ~ y ~cvv~~ LOCATION OF PROPERTY OR PROJECT : ~ • ~ • ~~ ~`~1 ~ ~ ~ i 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 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• We require a permanent 10-foot wide public utilities easement along all lots adjacent to a road right-of-way dedicated to public or private use. Tim Adams 5 Idaho Power 322-2047 ~ ~ "9~ 2, 99~ RIEC~~~I~~ FE8 - 6 1~~4 C~'1fY OF ~:E~rD~AI~ February 2, 1994 Meridian Planning and Zoning Commission Meridian City Hall 33 E. Idaho Ave. Meridian, ID 83642 To Whom It May Concern: I own the piece of property on the east boundsry of the proposed Subdivision No. 5. My concern is for the future sewer drainage system for my property when I'm ready to develop. As the natural drainage on this piece of property is from the east to the west, I would propose that there be a provision for a future sewer system connection from my property into the Haven Cove proposed Subdivision No. 5. Sincerely, Thomas A. Geile ~~~ ~t~~ Larry Sale Ada County I-lighway District Dear Sir: Aloys Schlekeway 2090 West Pine titeridian, Idaho 83642 $k~-~i~2 February 1, 1994 This letter is conccrnin~z fire proposed subdivision known as Haven Cove #5. When I laver Cov•~ X12 was in the planning process, I attende cr y meetings and Rutledge ,,venue was to c~nrc through onto my property eventually, "1-'hat ~~~as apparentl}~ changed sometime after to a cul de sac, without my knowledge, leaving me no access road through to my propcr-ty. Now Haven Co~~e #5 has absolutely no through streets coming through to my property, either. I am concerned that I am becoming landlocked with no planning for street access or possible sewer access, which would make it difficult to ever develope or sell. I would appreciate any input you might have regarding what you might envision for access to my property. Thank you. Sincerely, Aloys Schlekeway •:,c: Wayne Forney HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer ITY OF MER RONALD R. TOLSMA MAX YERRINGTON GARY D. SMITH, P.E. City Engineer IDIAN ROBERT D. CORRIE BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T. SHAWCROFr, waste water supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief MERIDIAN IDAHO 83642 Planner 8 Zoning Administratc W.L. "BILL" GORDON, Police Chief ~ WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888433 • FAX (208) 887-4813 JIM JOHNSON Public Works/Building Department (208) 887-2211 Chairman -Planning 8 Zomn,; GRANT P. KINGSFORD Mayor March 1, 1994 Dr. Coe Parker 2930 W. Pine St. Meridian, ID 83642 ~~,~~ ~4~s~~d RE: Draft Development Plan and your letter dated February 23, 1994 Dear Dr. Parker, I have previously discussed access to your property with the property owner to the north and it is my intention that access would be provided in that direction and possibly also to the east. I have required the developer to your west to extend sanitary sewer to the west side of the Eight Mile Lateral. You would need to cross the lateral to connect. Water extensions need to stay in a public right of way and would therefore need to come from Haven Cove and the Eddy parcel. By City Ordinance if your property boundary is within 300 feet of a property being proposed for any use requiring a public hearing you will be so notified by certified mail by the City of Meridian. This process should keep you informed of any development activity within 300 feet of your boundary. Si erely, ~'` ~ ` Gary D. Smith, PE City Engineer cc: File City Clerk >~ ~ ~ !~ li P C~ f° O O ~i~ ~~ /~~` - R"'AN LN ~~ ~ G -~U ' ~ .• i ~~ ~ • - -- ~ ~. O ~ °' ~ ~ ~u A mw ~ ~ _ _ ~ / p N N. STOCKER A~ / ~ n o ~ ~ pm m " - ~• n~ a m ~ • N ~ .. .:U N N V ~ tA71 ; ~ ro o ~ -~~~~~~1~~~• r V O M r. UI O! ~,,, N -+ N N N N A I V ' ~ ~ ~ ~'' ~+L v o d to ~ *, I ~ ~ A ~ m ~ - °' 1 r ~ '1 ~ N 41 m f0 j A ill O ~ N • ~' y ~ ~ ro Zu ~ ~_ - - -------f ~ N « ~ -~ - -- ~ -. a to ~ NN IS 'A N w A l~ / ~ N A N ~ m UI A ~ IA r tNil N ~ C F. ~ ~,/ w /y N -- a 3 ~ r ~ ~ 1 ~ ~ ''' N t UI UZ U7 N ~ J ~ V m tO W V m INO O /~ ~ A ca Y --~ o Ut -~ .. N ! 4 w o ~ ~ ~I~~~ a ~ N i ~ m m m v m cAit• a ti ~°i„ _ u~ psi^y '. _ _ d _ ~ ~ v ~ S ~ A` A 4,D as ~` N V 1 _ ~ ' ~ yy~ j, i ~ ~ / •N ~ ~ i ~ y iV ~ ~ - ~ ~ ~ ~ \.\ Y V r. ~ ~ ~ n \d./ ~~~ ~~ ~ C .; ~ r' ` ~ ;' ^~ k ^,~ l..i 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 Chiet W.L. "BILL" GORDON, Police Chief WAVNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Department {208) 887-2211 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman • Planning & Zoning MEI'IORAHDUIi GRANT P. KINGSFORD Mayor T0: Planning & Zoning Commission, yor and Council ~~~~ -~ FROM : Shari L. Stiles.' Planning ~~oning Administrator DATE: April S, 1994 SUBJECT: Annexation and Zoning with a Preliminary Plat for Haven Cove No. 5 This plat is not drawn to accurate scale and has awkward flag lot configurations of dubious. square footage. Preliminary plat should show all easements. placing of fencing, pedestrian access to adjacent subdivisions or future subdivisions. A 50' right-of- way on Pine Street is not sufficient. Vicinity map on preliminary plat gives no clue as to site of this proposal. There is no authorization from current owner of property requesting annexation. In addition, the name of the owner does not appear on the preliminary plat. Cul-de-sac dimensions need to be drawn to scale and measurements given. Turnarounds on Washington and Maura Streets are needed. Until adjacent areas are developed, there is only one way in and one way out of this subdivision. Haven Cove No. 4, scheduled for the north of this phase, has not been approved and also does not tie into this development. Plans for all laterals and wasteways must be detailed and submitted for approval. The landscape strip and bike path indicated to be provided in the application need to be detailed and/or shown. Each lot needs to be 8.000 square feet exclusive of all easements. Engineer has indicated average square lot size is 9,500 square feet; this does not appear to be correct. At least one stub street to the East needs to be provided. Hote on plat should indicate direct lot or parcel access to Pine Street is prohibited. State lot access restrictions on final plat. Provide stub street to easterly boundary in line with Warrior Street. Observe ACRD policy regarding location of intersections with Pine Street and their alignment or separation from streets already approved into ,developments on the S. side of Pine Street. Obtain authorization for irrigation relocations from the appropriate entity. Drainage easements and their use restrictions shall be noted on plat. I recommend this project continue to be tabled or denied until accurate information addressing all above items is received. MERIDIAN PLANNING & ZONING COMMISSION MEETING: June 14.1994 APPLICANT: S.I. DEVELOPMENT AND DAVID COLLINS AGENDA ITEM NUMBER: 6 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR HAVEN COVE NO. S AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS FINDNGS OF FACT AND CONCLUSIONS OF LAW ~ fC ~ C ~~. U ~~ ~/~ r ~ ~, G~ ~~ i~ ~~ C ~ V r~ 'I " ,v ~`' Y t' ~ `~ OTHER: E i 3 ^°' r ~~ ,.... BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION INTERWEST DEVELOPMENT INC. ANNEXATION AND ZONING A PORTION OF THE E. 1/2 OF THE SE 1/4 OF THE N W. 1/4 OF SECTION 11 T.3 N. R.1 W. B.M. HAVEN COVE # 5 SUBDIVISION MERIDIAN. IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on February 8, 1994, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, being tabled to April 12, 1994, and then being tabled to May 10, 1994, and then being tabled to the June 14, 1994, meeting, and the Commission having heard and taken oral and written testimony and the Applicant appearing through its engineer, David Collins, 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 February 8, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the February 8, 1994, hearing; and that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 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 20.00 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 unplatted ground to the west, east and south. 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; the owners of record are Gerald L. Conrad and Joanne C. Conrad; the Applicant, Interwest Development, Inc., indicates that it has an option to purchase the property; that before the City can annex the property, the owners of record must have requested the annexation since this annexation and zoning 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. 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 existing urban. 9. There were property owners appearing at the hearing; Aloys Schlekoway testified that he was concerned on the access to his property; Tom Geile testified that he owns the property to the east and desired sewer and road access through this property and that he thought the layout of the preliminary plat was "boxy". 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 would have a minimum of 8,000 square feet per and that the houses would have a minimum square footage of 1,400 square feet. 11. The Applicant stated at the hearings that there would be 73 lots for single family dwellings, a 3.75 density per acre, that the property would be bermed the same as along Cherry Lane and there would be sidewalks and gutters. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 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, Ada Street Name Committee, Central District Health Department, Nampa Meridian Irrigation District, Bureau of Reclamation, Idaho Power, and the Meridian Planning Director submitted comments and such are incorporated herein as if set forth in full. Also the Meridian City Engineer and the Ada County Highway District submitted comments. 16. That the City Engineer, Gary Smith, commented, among other comments, that the highest seasonal groundwater elevation needs to be determined so that the bottom of building footings can be set a minimum or 12 inches above that elevation; that there are 6 or so lots that do not appear to contain 8,000 square feet; that a 10 inch water line shall be constructed along the projects frontage on Pine Street; that the sewer and water mains shall exit this projects north boundary in a public right of way in line with the stub roadway shown on the previously approved preliminary plat of Haven Cove; and that a 20 foot wide common lot access shall be provided to the north in lieu of the 20 foot wide easement. 17. That the Planning Director, Shari Stiles, commented that the landscape strip and bike path indicated to be provided in the application needs to be detailed; that each lots needs to be 8,000 square feet exclusive of all easements; that a stub street to the FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4 easterly boundary in line with Warrior Street needs to be provided; and that irrigation relocations need authorization from the appropriate irrigation entity. 18. The Meridian School District's comment on this annexation request will accelerate the need for the District to construct additional classrooms and/or adjust attendance boundaries. Meridian schools do not have excess capacity; and it asked for support of a development fee statute on new home construction or a real estate transfer fee to help offset the costs of building additional school facilities; the District has commented more recently for an annexation which would be in the same elementary school attendance zone that the subdivision proposed for the land would mean 20 elementary aged children, 17 middle school aged children and 20 senior high aged students; that Linder Elementary School is at 137 of capacity, Meridian Middle School at 129 of capacity and the Meridian High School at 116$ of capacity; went on to state as follows: "There is little opportunity to shift attendance boundaries since the surrounding schools are also well over capacity. Before we could support this subdivision, we would need land dedicated to the district or at least made available at a minimum price for a school site in this area. The site would need water and sewer service available. In addition we would need to pass another bond issue for the construction of schools." 20. That the property is shown on the Meridian Comprehensive Plan as being in a Single Family Residential area. 21. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5 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."; 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." FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6 "1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged." 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 7 provide for school services to current and future students. 25. 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. 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 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 8 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." 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 9 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 ~ 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. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 10 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, Section 11-9-605 M., which pertains to the tiling of ditches and water ways, and Section •11-9-606 B 14, which pertains to pressurized irrigation; that the Applicant will be required to connect to Meridian water and sewer; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L; 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. The development agreement shall also address the landscaping along Ustick Road, and maintenance thereof, by a mandatory home owners association rather than the individual lot owners. The Covenants, Conditions and Restrictions shall require the mandatory homeowners association as a condition of annexation. 10. That the Applicant's property is in compliance with the FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 11 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 and of the Nampa & Meridian Irrigation District, Meridian Fire Department, Idaho Power, U. S. West, and the comments of the Meridian Planning Director and City Engineer and these Findings and Conclusion shall be met and 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; that the Applicant shall be required to install a pressurized irrigation system, and if not so done 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. 14. That proper and adequate access to the property is available and will have to be maintained; that the house size of 1,400 square feet must be met. 15. That these conditions shall run with the land and bind the applicant, the titled owners, and their assigns. 16. 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. 17. That if these conditions of approval are not met the FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 12 property shall be subject to de-annexation. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED VOTED VOTED VOTED DECISION AND RECOMMENDATION The Meridian ning and Zoning Commission hereby recommends to the City of the City of Meridian C'vrcn .l that they approve the annexation and zoning as stated above for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that if the conditions are not met MOTION: APPROVED: that the property be de-annexed. DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 13 •, ~~~~~~~ ~~ FEB - 8 1994 CITY OF MERIDIA GLENN J. RHODES, President SHERRY R. HUGER, Vice President JAMES E. BRUCE, Secretary T0: INTERWEST DEVELOPMENT INC 3350 AMERICANA TERR., #100 BOISE ID 83706 FROM: Larry Sale, Su erv' r . Development v' SUBJECT: HAVEN COVE #5 - PRELIMINARY PLAT February 2, 1994 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 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 COLLINS ENGINEERING CO. MERIDIAN CITY HALL T ~~~~~~~~ ~~ FE8 - 8 1994 ~ ~ CITY OF ASERIDIAN JAMES E. BRUCE, President GLENN J. RHODES, Vice President SHERRY R. HUBER, Secretary TO: ACHD Commission INTER-DEPARTTdENT CORRESPONDENCE NAVFCCiV~i /DSTECH 2-2-94 DATE: January 28, 1994 FROM: :SUBJECT Development Services e p Terr., #100, Boise. ID 83706) (Engineer/Surveyor - Collins Engineering Co., 3350 Americana Terr., #120, Boise, ID 83706) PRELIMINARY PLAT - HP.VEN COVE #5 {D velo er - Interwest Development Inc. 3350 Americana FACTS & FINDINGS: 1. Haven Cove ~5 is a 73-lot single family residential subdivi- sion .located on the north side of Fine Street approximately one-half mile west of Linder Road. 2. GENERAL INFORMATION: ACRES - 20.0 FEET OF NEW PUBLIC STREETS - 3,180-feet LOTS - 73 Residential VEHICLE. TRIPS PER DAY - 730 TRAFFIC ANALYSIS ZONE - 272 L.F. OF FRONTAGE ON Pine Street - 660-feet MOST RECENT TRAFFIC COUNTS - None available FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Collector RDA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Lane EXISTING RIGHT-OF-WAY - 50-feet REQUIRED RIGHT-OF-WAY - 60-feet {30-feet from centerline) IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities 3. `I`wo stub streets have been proposed to the westerly boundary of the project, but none to the east. Staff recommends that at least one stub street be provided to the easterly boundary. 4. This application is scheduled for public hearing by the Meridi- an Planning & Zoning Commission on February 8, 1994. ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 P~?ELIPdINARY PLAT - HAVEN COVE # 5 ~7anuary 28, 1994 Page 2 SITE SPECIFIC REQUIREMENTS; 1. Dedicate 30-feet of right-of-way from the Centerline of pane street abutting parcel (5 additional feet). The owner will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone. 2. Provide a deposit to the Public Rights-of-Way Trust Fund at the District for the riquired street improvements (5-foot sidewalk) on Pine Street abutting parcel. 3. Direct lot or parcel access to Pine Street is prohibited, in compliance with District policy. Lot access restrictions shall be stated on the final plat. 4. Provide a stub street to the easterly boundary in line with Warrior Street. 5. Observe District policy regarding the location of intersec- tions with Pine Street and their alignment or separation from streets already approved into developments on the south side of Pine Street . STANDARD RE9~)IRENdENTS 1. Street and drainage improvements required in the public right- of-way shall be designed and constructed in conformance with District standards and policies. 2. Dedicated streets and drainage systems shall be designed and constructed in conformance with District standards and poli- ries . 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. appr_opr-late 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. r FRELI;~IILIAF2Y PLAT -- I-IAVEN COVE # 7anuary 2~, 1994 Page 3 ;' , :submit three sets of street construction f?lans to the Dis~tri.ct for review and appropriate action. 3. Submit situ drainage plans. and calculations far 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. Fublic 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. 1.0. Locate driveway curb cuts a minimum of ~-feet from the side lot property lines when the driveways are not being shared with the adjacent property. 11. Developer shall provide the. District with a copy of the recard.- ed 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 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 gross-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 (caith zoning file number) for details. ~'RELIMINARY PLAT - HAVEN COVE #5 ~Tanuary 28, 1994 Page 4 14. a .request far modification, variance or waiver of any require- ment or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial. hardship or inequity. Should you have any questions a~ comments Development Services Division at 345-7662. Please contact the STAFF SUBMITTING: DATE OF COMMISSION APPROVAL: Larry Sale FEB 0 2 )994 r • ~~ 1 ./ i „+/ t ~ O . ~ V ~ 2~ ~ ~ ~v ~ l . • / ~~ `1 /r ~ `` / / r ~ ~m N (` N ~• / m _ , fi, ,, ~ N d0 v N _ _ _ ` v ~ /1 O `7 __ .__.~ ttl~......• J~ „ •'anCf FI"a' %v '. y j. ` _ .t ~•. 9 v' ~ ~ n T ~ 0D °~ ~ ~i ~ J h W ~ ~ ~, ~ - ` ~3 o m ~ h N ~ . A ~ ,~ .. = "~ ~ ~ ~ a r ~' 2 ~ a ; ~, J ~ ~ g 3 . lit ~ >n ~; ~ - ~ f ~, p ~, 3 o ' U '~ 3AV H3N~~15 ~N n N - ~ ' ' - ~ ~W ~ L e = ~ n ' ~ ~) I 4 ~^ ~ ~ ' 7 - -- - --- --- - --- --- --- ~ V 7 ^` 1 ~ , ~~ N~ N ~~ t ~('i • - ~` ~ .. : ~ / G i ~- ~ ~~ -- ~ - __ ~ k l~i av2,n Coves ~o, ~I re,(irninaru ~~~'. J F,~iu~t Hwvcn 4rt. No.9 O ae A 9 98 ~'f ~ 14 i aS ~ ly ; ~ 3 4 s v 21 O 14 rS /~ ~ Q 11 17 _ ~lo + li, ~$ ~~ iz 9 _ S ~ ~ q 3 ~° Iq" , 7.0 11 t , a ro ~- 17 ~- ~ 1 2 3 ,`~~S ry ~S ri 5 N ~ v 6 ~~. ~ ~ Faa cE. u 8 ~ 7 ti q 8 io 9 6 11. ~ N o MrurilYsl. y ~ l9 . ,Zp 3 ~ 13 a~„ n;..;s , _ 2 ~g -_ 'y IS 14 r7 '31 ~ . P I N F St. ~~ QF F~~~~~.~ February 2, 1994 Meridian Planning and Zoning Commission Meridian City Hall 33 E. Idaho Ave. Meridian, ID 83642 To Whom It May Concern: I own the piece of property on the east boundary of the proposed Subdivision No. 5. My concern is for the future sewer drainage system for my property when I'm ready to develop. As the natural drainage on this piece of property is from the east to the west, I would propose that there be a provision for a future sewer system connection from my property into the Haven Cove proposed Subdivision No. 5. Sincerely, Thomas A. Geile r GrFICIALS 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 COUNCIL MEMBERS CITY O RONALD R. TOLSMA RaaE I F MERIDIAN TD. CORR E WALT W. MORROW 33 EAST IDAHO WAYNE S. FORREY, AICP MERIDIAN IDAHO 83642 Planner 8 Zoning Administrator Phone (208) 888433 • FAX (208) 887813 JIM JOHNSON Chairman -Planning & Zoning Public Works/Building Department (208) 887-221 I GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COI!'IlKENTS 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: TRANSMITTAL DATE : ~ " ~ ~ ' ~' ~I REQ BY: HEARING DATE : ~" O ~ y Cb1~ S LOCATION OF PROPERTY OR PROJECT : ~ • ~ • ~~! .L~~ . ~~~-t CA't ~ ~ ,~ 3`Y1 ~ ~.. 11•J , ~ . ~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 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) BUP. OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: 2, 199 ~ t APPLIATION FOR ANNEXATION APPROVAL & ZONING OR REZONE MERIDIAN PLANNING AND ZONING COMMISSION FILING INFORMATION I. GENERAL INFORMATION Haven Cove No.5 (PROPOSED NAME OF SUBDIVISION) N.z, Section 11, T. 3N., R. 1W., B.M. (GENERAL LOCATION) (LEGAL DESCRIPTION - ATTACH IF LENGTHY) The East half of the Southeast quarter of the Northwest quarter of Section 11, Township 3 North, Range 1 West, Boise_ Meridian. _ _ Interwest Development Inc. __ _ __ 385-0558 (OWNER(S) OF RECQRD) (NAME) - (TELEPHONE N0.) 3350 Americana Terrace Ste.~00, Boise, ID. 83706 (ADDRESS) Interwest Development Inc. 385-0558 (APPLICANT) (NAIv1E) (TELEPHONE N0.) 3350 Americana Terrace Ste.100, Boise, Id. 83706 (ADDRESS} __Collins Engineering Co. (David M. _Collins)___ _ __ _i 344-44_51__ (ENGINEER, SURVEYOR OR PLANNER) (NAME) (TELEPHONE N0.} 3350 Americana Terrace Ste.120, Boise, ID. 83706 (ADDRESS) Meridian City (JURISDICTION{S} REQUIRING APPROVAL) ' Single Family Residential _ __ ___ (TYPE OF SUBDIVISION - RESIDEPITIA?a, COMMERCIAL, INDUSTE~IAL) +50 20f _ACRES OF LAND IN CONTIGUOUS 0 iq N E R S H I P. __ . __ ---------------------~- - (ACCEPTED BY:) (FEE) ~`ollins • ngineering ompany, Inc. 3350 Americana Terrace Boise, Idaho 83706 (208) 344-4451 To: All interested parties. From: COLLINS ENGINEERING Co., Inc.~i~~-~ Re: HAVEN COVE No. 5, Preliminary Plat Following is additional information regarding certain Requirement of Preliminary Plats under Ordinance 9-604.C.6, as noted below. 6.m.) SEWER AND WATER will be extended from the North, out of Haven Cove and provided by the CITY. STORM DRAINAGE will be surface collected and disposed of at the point where the existing field drainage discharges and piped to the Nine Mile drain. IRRIGATION laterals will be piped. FIRE HYDRANTS and STREET LIGHTS will be provided and located as required by MERIDIAN. 6.0.) RIGHT-OF-WAY will be dedicated as required by ACRD on Pine St., and backed up with a five foot landscape strip. 6.q.) No VARIANCE REQUESTS are anticipated at this time. 6.r.) This project as proposed is a 73 lot single- family residential development in a requested R-4 zone with a average lot size of 9500 sq.ft. There will be a homeowner maintained landscape strip in the subdivision adjacent to Pine Street. The roads are circuitus at the request of ACHD to discourage cut-through traffic from Pine St. to Cherry Lane to the North. For any clarifications or further information please contact the owner (see application) or the engineer, David M. Collins, directly at 344-4451. HYDRAULICS HYDROLOGY HIGHWAYS CIVIL ENGINEERING LAND DEVELOPMENT SURVEYING PLANNING 5 ~ ollins ngineering " ompany, Inc. ,~CEiV~t~ DEC 3 ~ c~ of ~~'~° 3350 Americana Terrace Boise, Idaho 83706 (208) 344-4451 *Mr. Wayne Forrey, City Planner 30 December 1993 City Hall Meridian, Id Dear Mr. Forrey, Attached is the submittal package for a 20 acre subdivision to be known as HAVEN COVE No.5 This project is composed of 73 single-family residential lots on 20 acres, being the Ez, SEa, NW$, Section 11, T.3 N., R.1 W., B.M., Ada County, Idaho. No variances are being requested at this time for this project. The site is South of the existing HAVEN COVE subdivision and is bordered on the South by PINE STREET, which currently has a 50' R/W. There are no other known rights-of-way or easements on this property. South of this site is the approved Merrywood Subdivision; to the East farm land then the high school; to the West is open farm land. The site is within the City Area Of Impact. The site is relatively flat, falling 6' in 1320' to the North. Sewer and water will come from the North. The proposed land use is compatible with the surrounding land uses and projected land uses and compatible with the Meridian City Ccxnprehensive Plan. All improvements will be conformity with the requirement the appropriate controlling agency, the City Comprehensive Plan, and all applicable City, County, State, and Federal laws and ordinances. This development proposes to connect to City Services. If you have any questions please call. Respectfully submitted, David M. Collins, P.E./L.S. for Interwest Development REC~V~D DEC30 X993 {may OF IriE~D~~ HYDRAULICS HYDROLOGY HIGHWAYS CIVIL ENGINEERING LANODEVELOPMENT SURVEYING PLANNING «„ .~~.. ~ ,. ~ ~rrsr. trr ,:,, k ~~ '~~ ~~~-•~ X~ 4 ARRANTSY~~DEED +8944339 1 ~. b , .~t~ I .. ~ "` ~~ ~ " ,~~f r ., ~ ,-.~ ~, ARL~ OON;'~a viidowev,_ ~ `` b; F~OR~~ACUE RE DIVED :,~ rt r r.. Y~ ~;~',,~C~r; f r A~~1 ; ,'v Gi'~J,` 1' 4 n , Y Y~~-s~i v `Tr_ "' ~ ~ '~.and.CONVEY•.unto f ~..~. R ~.OR(s) "~does~do `~he~'eb GRAN ~ sAR„A, >r SELL ,~: , '. r ; ~~ k~ (i ~~°~,. Ej~,'Dy~=~' FCOVA?.D and"JOANNE~C CONRAD, 3~usband and wife '~ a ~; 2470 w Pine Meridisn, Idaho 83642 'GRANTS (S wtio3e current`address Is sti , Ada County. State of Idaho. ' ° the~i~l(~oJytng descnbetl ~ea'~ property rn •~ rarYx, wv,-f ,K k c mo~e~paTtrcularlyr'escr~bed~as~fotloWS to wrt`. • ~~ ~ ~ ~ t f1. r ~~'~~~The east half~of'`the`Southeast~.qu~arter of the Northwest quarter of Section 11, ;~~; Towhship`3` North,,' flange `l, West;"Boise?feridian, Ada County, Idaho. 'i r, r ~o- t a ~I, xr~.~} ~ r, {~ '_y~ rf 'r tz ~ ~ , ~~ i)rt~~, , • t ~ ` G fi ~ t ` • ~ : ~ r ia11.~~1 Y ~~ h1 r' ~ ~~' r J ~: ~ ~, 4' 1 *`. i~~u~}M6 i i7 4 ~^ Tr, df~: , ~~.{~ ' 1 trn, , .DEC 3 0 ~9~ ~ ~ , .; ~~, ~' ~ ~ r ~ ~ ~ ` r r ~~°~ ~ I `~ ~ ~ OF~ MERIDIAN :~ ~ ~,• , ~; ~~~ ,~r r '`t `,.tit ~ E > 1. a a , I `; r z TG HAVE AND TG,F70LD the said premises, with their appurtenances unto the said Grantee(s), and Grantee(s) heirSsand assigns forever. And the saiu:Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that~;Grantpr(s) Islare the owner(s) in.tee'simple o`!said premises; that said premises are tree from all enCUmSranoeS EXCEPT,1ho5e l0 which this conveyance is ezpreSSlymade subject and those made, Suitered or done; by the Grantee(s):-arid:, subject,to reservations; restrictions, .dedications, easements, rights of v:ay acid agreements; (it `any) of record,`and general taxes and assessments, (nchidjng irrigation and utility ass, ssments; it anyj for the current year; which are not yet due and, payable: and thaLGrantor(5) will warrant and defend the same from ail lawful cleims whatsoever:..., Dated:, Sep*eaber•.13> 1389 _ EARL "f00b',: kl r~: ~' ,! ,,r, _. ~ Idano Cou Ada , sa. oTATE OF IDAHO, COUNTY 0 STATE OF ........... .... . my of ....... ...... Y ..C'~~W ' r hereby Certll that this Instrur,.,nt wa_ tiled for rewrd at 13th. September- the request of i't1E` ~: E3CT0~ On this ..... ...oaY of ..... .... .:.... ... .... 19a9 ~ In the year of ....... brrore me, the undersigned aNOtary // 'clack m., '- Pcbllc In nd lo( seid -Stale, personally a0oeared at "'~"~minutes Dast EarJ_ oon ,: thl ~ / ~` '~ day of ~~~ :.:. ........ .:...:.. 19 , In mY of!iLY end duly recorde in 0 oin K ....:............:..............: .......:... of s at page .known or Idenlllled to me to be the' person .....whose name ~QC-Iii ~j>"•;,~, t i~ ,,,,~# 1tt¢p~rlbed, o tne~ wllht'n.lnslrument, snd - .... ,•~ ,,`,a~4 l~,y,,~~•g:r7~(b,)het he~ze~uted the same. Ez Oftielo Recorder`'" l+'t .................. $grtilurp:. /... pTAR / Deputy. ~: ~ Y n~c Loia Nicho7;s ...,: `roes ~o..~ -,uroeoiv„ed. Malll~~ ~^ Oe d at ,x"23 93 ,.,. ~'P IIL1 ~ C*lr., Z ..~ U -23 93 ,~ +s IJi` batLUnlwon expGet ,3„ 'r''"'Itt~ l-`"`s ' r ~'~% 'Boise Title; &_Esarow, Inca. .. , i .;' RI<~ .fit ...tnSl '~ t ~} ~ o Pr ~.w ~ .: Y ~!Sy ., a ~ ~. ~~{.utrar~i ~ ! ~~~y ~ c v~, a p, ~'+ ~'~ ~4~~ S~rwr~!X{k"t ~ ~ ,T. e, '.'/1 ~' / ~~ lJ /C , f y4 ~3'"7 J 7y, ~,i , i ~ ~ .y~~t'~k v~, ~i; 7 n,.U~,: .~ Fr ,' ~ ;. P1+ t~i6 ~ ' tr ~F) Iy ~ +'.._ „!"~~...1,~ 4+ ~P a. tit ~ ~1 h"t r r ~fi4~ d i'}t 4/ {' ~o i? 0. jM~'F.,~4" r~t~~,} ~ I •1~. ~„ 1•`> ~; ;~~5 ~"d~,t,fi1,T ,yy;~4,f ~ ~~ak ~~ ~ ~ y ~ 894433 ,~ ' ~ ;~~~~~11~ARR~~NT,Y'DEED g , ,. ~rr ~ 7i~ "FOR ~A~ U nFCEIVED y ' EARL~~MOON~ ~ a wido cr~ R+ 1 ~t~~~f ~ Ier~~r`~.`tiy ~2vFSL,~~y~a~~9.4. i~~c~1~.r.ryiFrV~if ~ r ~4z¢, 7 ' r ey rj s~ A '. ~. -.. ~. r ~~~t bpi {' ~~.^,, ~ ~ ! ~ 'ta ~}r I 3+ ", ,, ~ ~ .`~ ~ _ - " (G~RAN~`fOR(s) ddes(do) hereby GRANT ,BARGAIN SrLL and CONVEY unto ,; j~+?+ ~: ~r~r~3 `Y+~: ~"r~4~ Ip7'c rnT' ~ t)~ra<K~~'°n '~V1`5 r i ~Ss~ ~~~~ ~' ~ nt~ r. ~'tGEAA7.A~>r CO~~ and .70AVNE C COVRAD husoaric a,~d wl: <<~~t ~ ~+r#~-I' ~ ~;k ~!`L~` ~ ~ 2~+70,F~. Pine *Seridi~n, Idaho 83042 z" ~ ~ `, GRANTEE(S) whose current address Is , , Ada Gounty. State of Idaho. ~t~>r Ithe iollowing de~scnbed;reol property In 'Yri, '~ mOr B'Oarli u a ly deSC~lbed as~loilo~s to wit ~ ~ ~ , t, , ' The ast.har£ of~*he'`Southeast quar..er of the :7orthnest quartcr,of Section 11, T i 3 rte; rZange . e~ Boise `f__idia ,Ada Court", Idaho. ~ ,, ~ - r ~~ ; IIi ' ~ w', ' ~' ~~ JA , ~ hzl Ir ~ ~ ;~ ~ c } r ~',Y~! ,~< < - f t`t S r , , r t - ts`, ,i~' I ~r ~/. TO HAVC 4N0 `O'f-IOLD the Said premises, with their appurten4nces u^ o the ~rantee(si, and Grantee(s) heirs and. assigns lorever. And the said Grantor(s) does(do) hpr by covenant to '! d wilt the said Gran!ee(s) 1hapGranlpr(s) Islire the owner(s) in•tee'simple,of saidpremises: that said prernises are tree lrom all :• - encumbrances;(EXCEPT:;thpse to,which'this cpnveyance'ts expressly;made subject and (hose made. `Suffered or ~ f. done, by lne G~antee(5);yarid; subjecl~~ to reservations; restrictions, dedications easements r~cr,ts of v,ay and ~~ agreemen~.s. (il any) olrecord 'and gerieraltaxes and assessments, (includlny irr y,.'lo~ a id ul '~~ ass,'ssmen!s, It ~~ anyjlo~ the cu trenlyear'whtchare not yeldue and payable, and that Grantors) ,.' '~, warren ~ Blend ttie same Irom'all lav+ful claims v.nalsoever: Dated: Septembzr.:3, 1`+59 . C~ ~r' //(.~iz~....... .............. ~ ... EAFi. ?f00S.. a. /7,~/ h ! Idano ,,, Ada ~~~~ STATE OF .,..... ... ., Gounly of ..... .. ...... :. ss. ~. aTATE OF IDAHO, COUNTY O ii ^7'~ ,, A.1 ' ~ '; ~~ ' ~ -' I hor¢by C•efllfy Iha; this Insl'Urr vnl ha< fll¢'d for record al i3 n. September Ine revues; o+ = "'-tom F' ~SCi0tiF' ~, I On this 'i 93? day of ...:.. .......... ....... . In the yee or ~ ., b~tore fna, the undersigned, a Notary ~~ ~ clock ~ m., Fcbllc ~ end for said slate, Deraonally appoared al ~^ 19 In m o''Vm~r u!es Gast - r ~ toon tnlr'~ ,~ day c! • (D~e'(/:/'d, y ~~dnd duly recorded ~n o01~ - ..,.. .`,:. .,,....,:..'. .. of sat pope ~ ...., ., a. I -~ known cr Idonllll¢d to me to be the person ...., whose name JqN(~ U `~ I .U 9Sltllt „ .... N .......... .......... „,+4~yd.`1d t^dty4~~rlbbd,. o Iho wlihtrl Inblrument, anrf ..... ... ... .. ,; ~ ~~t~~lAtf4AtY7~b)he( he~dxeculed thr. same. Ex-Offlclo R¢coroer~ 7 ~~, "' , ~ ~ ,.~ f~d...,J.r-.M+ f2~-~ .....,,,. ~ i Deputy. v'~pTAR ~ n3lurt:. .~ - . ~, ~ ~~,~ Lois Nichols r¢es .. e.'', i. nynr O, o,~~,l ~ '.:Mail to. 23 93' ~~~~'l'UDL14¢QITrtVp+ Ot -' ,, 3 2J 93 ., .. +,•,~, ~~a~..o 1,t1 ~CFe}~lulon axDlrot/ ,,, ,. , , , r ~~'+trlliil-~`slI l t r,:~Ol$0 TItI8t;~8L.E+$CCOW ~ YI1C1 .. ... .i:~ ~4t~ Yt Ki~~~~~YS'>?S~ ,'n~1~~F• . )43l~ifi# y~ . ~~4 :iJ `t, . , .,,w,.,.,... S°~ _ ,..~.,,.... COUNTER OFFER # _~ ~ © , THIS IS A LEGALLY BINDING CONTRACT. READ THE ENTIRE DOCUMENT, INCLUDING ANY ATTACHMENTS, CAREFULLY, BEFORE SIGNING.'IF YOU 2 HAVE ANY QUESTIONS, CONSULT YOUR ATTORNEY BEFORE SIGNING. 3 This is a COUNTER OFFER to the~eal Estate Purchase and Sale Agreement and Receipt for 4 Earnest Money Dated: ~ ~~~1~!-~'~ ~ , 19 9~ ID !1 _ .•~3 / ~J Z- 5 ADDRESS: ~,~ 7(~ Gu , ~ ~~uu _ / s BUYER(S) - ~~~+'-Ztc~t':~~ lc..l~.~~~GfG' l~r~,~~..~ SELLER(S): -_ ~~~~~' a-tciSC'1 ~~c---22<_ ~~1ii-~~~_ . • r --- E3 Seller accepts all of the b or amendments: !y ~ G - ~~~ --=~ -~ ._.._ __ ^ J 1!C -- ~" ~ - _ ~ !/ v '--•~~~r~~1 agreement with the following changes s 10 11 ~~ 12 ~~''~ 13 ------ 14 15 _ 16 ~ZCC1~17 ~'~-~ ---- 18 ,li'lu-~:~' ~~~ ~~~ 22 - ___ 23 24 The herein agreement, upon its execution by both parties, is made an integral part of the aforementioned Agreement. 25 OTIiER TERMS: All other terms and conditions to remain the same. 2s RIGHT TO ACCEPT OTHER OFFERS: Seller reserves the right to accept any othcar offer prior to Buyer's written 27 acceptance of this counter offer: Acceptance shall not be effective until a copy of (his Cowper Offer, dated and 2a signed by Buyer, is personally received by the Seller or Seller's agent. 2s EXPIRATION: This coupler offer shall expire u less a copy hereof with Buyers written acceptance is delivered to 30 Seller or Seller's gent on or before - c~. o'clock O A.M. ~P.M., on 31 _ 32 Dated ~~ ~ 19 ~ Seller __.. ~ --" -- J--- ``- _ 33 Time ~!~~!s r AM/~ et e~ (~1/_,1L.C __-l~~ __ __ 34 The undersigned Bu er(s) accepts the above counter offer. ,' T 35 Dated ((~~ - _ . _____ ~ -~ 7 ---- ~ 19 ..! 3 Buyer _~_ - - ~----- 36 ~' " ~''~ a Time _- _~G~ J A~~...~ Buyer _~; --- ~~~ 3~ { A { { { { # { { { { { f } } { # { R # R R { # R # # # # # # f 38 COUNTER OFFER # 3s -- 40 T ~ --- a2 -- __ _ 43 --- - ----- _ 44 --- - -___----- 45 The herein agreement, upon its execution by both parties, is made an integral part of the aforementioned Agreement. 47 OTHER TERMS: All other terms and conditions to remain the same. 40 ~'`ollins ngineering ompany, Inc. 3350 Americana Terrace Boise, Idaho 83706 (208) 344-4451 REQUEST FOR ZONING ANA To: The Honorable Mayor The City Of Meridian Fran: David M. Collins, President COLLINS ENGINEERING Co., Inc. Re: Request for Zoning Amendment COLLINS ENGINEERING Co., Inc., representative for INTERWEST DEVELOPMENT INC. in the matter of the application to the CITY known as RAVEN COVE No. 5, on behalf of the valid title option holder INTERWEST DEVELOPMENT INC. do hereby respectfully request the zoning amendment as described in the attached application. a David M. Collins, President COLLINS ENGINEERING Co., Inc. :." `~ - for = - A. Leon Blaser, President = , ~ _\ y~ INTERWEST DEVELOPMENT INC. -~ `~ =~~ ' - State of Idaho) -- County of Ada ) ss. - - On this 14t-h day of ~ , 1994, before rrle, the undersigned Notary Public in and for the State of Idaho, personally appeared DAVID M. COLLINS, known to me to be the president of COLLINS ENGINEERING Co., Inc., and acknowledged to me that he executed the above instrument for and on behalf of said corporation. In witness whereof I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. S~Zt lgq No y Public or th fate o I o My Co~nissi Eno~xpires HYDRAULICS ReS HdYDROLOGYt ~ H GHWAYSD CIVIL ENGINEERING LAND DEVELOPMENT SURVEYING PLANNING y ~ .n , ~ P. ~, ~' _~ J •, _. ~ __ ~i~ ~ /~~ ~ ~~~, t ~ t \, R"'AN LN ;~~:~' P ~ ~ ~ ~ ~ - ~ ~, - - i J O c~ V ~ i 1 ~ u ~ _, i ' ~ R mW z I ' _ N V _ t N STOCKER AVE i O ~ ~ o~ t -- ~ .p ~ ~ - - ^.. -.Q O d co o ~ ~ ~ ~' Rl ~ w Y ~ ' ~ i h ~~ . ~ `s ~ ~ ' A Z o .o -z ~ ~ ~ ate,' w ~ ~ m- ~ ~ o N ~' 't,aul..~ ~ N V JC,.~ v1t. . ~(n ~ p ~ i ...-~ 7;. v ~ Qi (n c.+ A Tina Mx' q +E f L'. - .. -i co o L o N ,yam N ~ P c.•` ~ s W~+., N W t - , '~ C q c ~ ~ m .o ~ Y ~ ~ L ~ , s9y9 _ u ~~p~ ~'~ ~ . _ - -- _ _ T `~ d - - -~ r ~ G N a O,- m ~~ w _ ~ ~ ~ j N N / I // ~ , ~O / ~~ ~~ .Y_ K ~` ~\ ~- r•~ REQUEST FGR EUBUIVISIGN APPFi`CiVAL PRELIMINARY PLAT ANU/GR FINAL PLAT PLANNING AND ZONING CGMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerks possession no later than three days fallowing the regular meeting of the Plar,r,ing and Zoning Gornmissian. The Plar~r,ing ar~d Zar,ir,g Cammissiar, will near the request at the monthly meeting fallowing the mar,th the request was made. After a proposal er,ter~s the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documer,tatian ar•e received before 5:f0O P. M. , Thursday fallowing the Planr~ir,g ar,d Zoning Cammissior, action. GENERAL INFCIRMATIGN 1. Name of Anr,es~ation and Subdivision, Haven Cove No.5 2. General Location. N.W. Quarter, Section 11, T. 3N., R. 1W B M 3. Gwners of record, _Interwest Development Inc. Address.3350 Americana Terr. #100 ,Zip 83706 Telephone 385-0558 4. Applicant, TntPrwr~~i- rev lo~ment In~ddress, 3350 Americana Terr. #100 5. Engineer, Davis~_.M. Collins Firm Collins Encrineerina Co. Address 3350 Americana Terr. #120 ,Zip 83706 Telephone 344-4451 E. Name and address to receive City billings: Name Interwest Development Address 3350 Americana Terr. #10Delephone 385-0558 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres '20~° 2. Number of lots 73 3. Lots per acre 3.75 4. Uer,sity per acre 3.7 5. Zoning Classification (s) R-4 tl) .~ . c~. If the proposed subdivision is outside the Meridian City Limits but witr,in tree jurisdictiar,al mile, what is the existing mooning classification RT 7. Does the plat border a potential green belt N/A S. Have recreational easements been provided far N/A `~. Are there proposed recreational amenities to the City ~~- Ex p 1 a i n Ped . /Bike route to school . 10. Ar•e there proposed dedications of common areas? yes. Explain Landscape stin_ Far future parks`: _. Nnr,P Explain 11. What school(s) service the area Meridian do you propose any agreements for future school sites None proposed Explain 12. Other proposed amenities to the City Yes. Water supply X Fire Department , Other ~ _~~. Explain L3. Type of Building (Residential, Commercial, Industrial or combination) R sid -n ial. 1~1. Type of Uwellir,gts) Single Family, Duplexes, Multiplexes, other__y„i nil f mi 1 y 15. Pr•aposed Uevelopmer,t features: a. Minimum square footage of lot(s), 8,000 b. Minimum square footage- of structure (s) 1.400 c. Are garages provides fvr, ye.~_square footage variahle_ d. Are other coverings provided for No. e. Landscaping has been provided for fir, Describe Laxidsacpe berm along. Pine St (2) f. Trees will be provided for ~~, Trees will be maintained g. Sprinkler systems are provided for yes, in landscaped a_rPas, h. Are there multiple units No, Type remarks • i. Are there special set back requirements N/A Explain j. Has off street parking been provided for yes , Es:plain 2 spaces per residen,~ial driveway k. Value range of property 20K+ 1. Type of financing for development vari~»G m. Protective covenants were submitted e~ s , Uate Inc. 1 9~ 1G. I>oes the pr~opasal land lock other property No. Uoes it create Enclaves No. I STATEMENTS GF C:OMPLIANCE: 1. Streets, curbs, gutters and sidewalks ar•e to be constructed to standards as required by Ada County Higriway District and Meridiar, Gr~dinar,ce. Uimersior~s will be determined by the Gity Er,gir,eer•. All sidewalks -will be five (5) feet in width. ~'. Prapased use is ir, canfar•rnar,ce with tree City of Meridian C:arnprer,ensive Plan. ~I. T>evelopmer,t will car,r,ect to Gity services. ~. I>evelaprner,t will comply witri City Gr•dir,ances. °~. F'relirnir,ary Plat will include all appropriate easements. S. Street names must nat conflict witri City grid system. (3) APPLIATION FOR ANNEXATION APPROVAL & ZONING OR REZONE MERIDIAN PLANNING AND ZONING COMMISSION FILING INFORMATION I. GENERAL INFORMATTON Haven Cove No.5 ' (PROPOSED NAME OF SUBDIVISION) N.~, Section 11, T. 3N., R. 1W., B.M. (GENERAL LOCATION) (L~(iHL DESCRIPTION - ATTACH IF LENGTHY) The East half of the Southeast quarter of the Northwest quarter _ of Section 11, Township 3 North, Range 1 West, Boise, Meridian. Interwest Development Inc. __ __ ___ __ 385-0558 __ (OWNER(S) OF RECORD) (NAME) ~~ ~~ (TELEPHONE N0.) 3350 Americana Terrace Ste.100, Boise, ID. 83706 (ADDRESS) Interwest Development Inc. 385-0558 (APPLICANT) (NAME) (TELEPHONE N0.) 3350 Americana Terrace Ste.10O, Boise, Id. 83706 t~llux~ss~ _ Collins Engineering Co• (David M. Collins )___ _ __ 344-4_4.51_ (ENGINEER, SURVEYOR OR PLANNER) (NAME} (TELEPHONE~NO.} 3350 Americana Terrace Ste.12O, Boise, ID. 83706 (ADDRESS) Meridian City (JURISDICTION(S) REQUIRING APPROVAL) ' Single Family Residential (TYPE OF SUBDIVISION - RESIDEIQTIAL, COMMERCIAL, INDUSTRIAL} +gp 20t ACRES OF LAND IN CONTIGUOUS 04ViJERSHI P . (ACCEPTED BY:) (FEE)--- ~4 ,` Application For Annexation & Zoning Request 1. Applicant: Interwest Development Inc. 3350 Americana Terrace Ste.100 Boise, ID. 83706 (208) 385-0558 2. Owner: Interwest Development Inc. 3350 Americana Terrace Ste.100 Boise, ID. 83706 (.208) 385-0558 3. The :valid title option holder contract was submitted with this application. 4. The East half of the Southeast quarter of the Northwest quarter of Section Township 3 North, Range 1 West, Boise; Meridian, Ada County, Idaho. 5. Legal description for the adjoining right-of-way is a typical 50' section per A.C.H.D. Right-of-Way department. 6. The present land use for this property is farming. 7. The proposed land use for this property is Single Family residential. 8. The present zoning district for this property is RT. 9. The proposed zoning for this property is R-4. 10. This zoning amendment is desirable because this property is located in the R-4 area of the Meridian City Comprehensive Plan and is compatible with adjacent developments. 11. This property is contiguous with another development which is zoned R-4 and will be compatible in this area. The Meridian City Comprehensive Plan has designated this area R-4 and therefor the request is in compliance with the Comprehensive Plan. 12. A 100 scale map was submitted with this application. 13. A 300 scale map was submitted with this application. 14. A mailing list was submitted with this application. 15. The Meridian City Comprehensive Plan has deemed this area to be rezoned R-4. This application is requesting the zone be changed to R-4, thus is in compliance. 16. The fee was~paid for this application. 17. This property will be posted 1 week (February 1) before the Public Hearing EFebruary 8). ti `~ Haven Cove No.5 Radial Mailing List 1. Eddy, John and Betty 2630 W. Pine Meridian, Id. 83642 2. Schlekeway, Aloys and Patricia 2090 W. Pine Ave. Meridian, Id. 83642 3. Larsen, Ronald and Judith 2735 W. Pine Meridian, Id. 83642. 4. Arnold, Linda 1480 Hartman #201 Boise, Id. 83704-8862 Property Address: 00000 W. Pine 5. Doppler, William and Lucille c/o Thomas and Barbara Geile 2150 W. Pine Meridian, Id. 83642 6. S.I. Development Inc. 3350 Americana Terrace Ste.100 Boise, Id. 83706 ~I ave,n Cove ~o, ~ ~'re,~irnir~ar ~~~'. J Fu.+~.~c Hw~c~ Gvc. No.~l ae 0 a9 ~~ a7 14 115 gy, ~.._-~. Maw:a. 3+. 1J l 7. 3 4 6 (p 27. O !v is ~ ~ /'}'~. ~.1 1' T o ~a ~ 9 °~ 19 '° ~ s !~' ', ~ ~ S P d !g, .yo 7.~\~ I ~ !! fc ~ ~ W ashtw ioi,'si. 17 ~- i ! 2 3 ~ `'~13 ly tS tr. i, 6 ~z •. ~.. .ti ~ Fq~ CE. !/ 8 6 7 8 4 ~' ~` 6 ie q 12, . Wsrri(X..yl. ,~ !! C ~ 4 _ / ~ !0 ,~O _ 3 13 T~q R Mots ' ~ ~ z . !$ ~ w ,~1 !s !~ fT PINE' 3t. ,` , `~, __ _._ __.; ~! ~ ... a f ~G~P- i,4~..,f a ~ ., "`W..s,r' ...~''~ f BEFORE THE MERIDIAN PLANNING AND ZONING COI'9''IISSION INTERWEST DEVELOPMENT INC. ANNEXATION AND ZONING A PORTION OF THE E. 1/2 OF THE 3E 1/4 OF THE N.W. 1/4 OF SECTION 11 T.3 N. R.1 W. B.M. HAVEN COVE # 5 SUBDIVISION MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on February 8, 1994, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, being tabled to April 12, 1994, and then being tabled to May 10, 1994, and then being tabled to the June 14, 1994, meeting, and the Commission having heard and taken oral and written testimony and the Applicant appearing through its engineer, David Collins, 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 FE?hrnar~~ A 1 QOA ~t~... .c, __L publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the February 8, 1994, hearing; and that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 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 20.00 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 unplatted ground to the west, east and south. 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; the owners of record are Gerald L. Conrad and Joanne C. Conrad; the Applicant, Interwest Development, Inc., indicates that it has an option to purchase the property; that before the City can annex the property, the owners of record must have requested the annexation since this annexation and zoning 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. 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 existing urban. 9. There were property owners appearing at the hearing; Aloys Schlekoway testified that he was concerned on the access to his property; Tom Geile testified that he owns the property to the east and desired sewer and road access through this property and that he thought the layout of the preliminary plat was "boxy". 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 would have a minimum of 8, 000 square feet per and that the houses would have a minimum square footage of 1,400 square feet. 11. The Applicant stated at the hearings that there would be 73 lots for single family dwellings, a 3.75 density per acre, that the property would be bermed the same as along Cherry Lane and there would be sidewalks and gutters. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 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, Ada Street Name Committee, Central District Health Department, Nampa Meridian Irrigation District, Bureau of Reclamation, Idaho Power, and the Meridian Planning Director submitted comments and such are incorporated herein as if set forth in full. Also the Meridian City Engineer and the Ada County Highway District submitted comments. 16. That the City Engineer, Gary Smith, commented, among other comments, that the highest seasonal groundwater elevation needs to be determined so that the bottom of building footings can be set a minimum or 12 inches above that elevation; that there are 6 or so lots that do not appear to contain 8,000 square feet; that a 10 inch water line shall be constructed along the projects frontage on Pine Street; that the sewer and water mains shall exit this projects north boundary in a public right of way in line with the stub roadway shown on the previously approved preliminary plat of Haven Cove; and that a 20 foot wide common lot access shall be provided to the north in lieu of the 20 foot wide easement. 17. That the Planning Director, Shari Stiles, commented that the landscape strip and bike path indicated to be provided in the application needs to be detailed; that each lots needs to be 8,000 square feet exclusive of all easements; that a stub street to the FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4 easterly boundary in line with Warrior Street needs to be provided; and that irrigation relocations need authorization from the appropriate irrigation entity. 18. The Meridian School District's comment on this annexation request will accelerate the need for the District to construct additional classrooms and/or adjust attendance boundaries. Meridian schools do not have excess capacity; and it asked for support of a development fee statute on new home construction or a real estate transfer fee to help offset the costs of building additional school facilities; the District has commented more recently for an annexation which would be in the same elementary school attendance zone that the subdivision proposed for the land would mean 20 elementary aged children, 17 middle school aged children and 20 senior high aged students; that Linder Elementary School is at 137$ of capacity, Meridian Middle School at 129 of capacity and the Meridian High School at 116 of capacity; went on to state as follows: "There is little opportunity to shift attendance boundaries since the surrounding schools are also well over capacity. Before we could support this subdivision, we would need land dedicated to the district or at least made available at a minimum price for a school site in this area. The site would need water and sewer service available. In addition we would need to pass another bond issue for the construction of schools." 20. That the property is shown on the Meridian Comprehensive Plan as being in a Single Family Residential area. 21. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5 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."; 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." FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6 "1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged." 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 7 provide for school services to current and future students. 25. 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. 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 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 8 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." 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 Bicvcle-Pedestrian Desian 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 9 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. 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. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 10 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, Section 11-9-605 M., which pertains to the tiling of ditches and water ways, and Section~ll-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; 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. The development agreement shall also address the landscaping along Ustick Road, and maintenance thereof, by a mandatory home owners association rather than the individual lot owners. The Covenants, Conditions and Restrictions shall require the mandatory homeowners association as a condition of annexation. 10. That the Applicant's property is in compliance with the FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 11 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 and of the Nampa & Meridian Irrigation District, Meridian Fire Department, Idaho Power, U. S. West, and the comments of the Meridian Planning Director and City Engineer and these Findings and Conclusion shall be met and 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; that the Applicant shall be required to install a pressurized irrigation system, and if not so done 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. 14. That proper and adequate access to the property is available and will have to be maintained; that the house size of 1,400 square feet must be met. 15. That these conditions shall run with the land and bind the applicant, the titled owners, and their assigns. 16. 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. 17. That if these conditions of approval are not met the FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 12 property shall be subject to de-annexation. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED VOTED VOTED VOTED DECISION AND RECOl~II~IENDATION The Meridian Wing and Zoning Commission hereby recommends to the City of the City of Meridian C'vrcn , that they approve the annexation and zoning as stated above for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that if the conditions are not met MOTION: APPROVED: that the property be de-annexed. DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 13 Meridian Planning & Zoning April 12, 1994 Page 2 Johnson: Any corrections, deletions, or additions to those minutes? Alidjani: Mr. Chairman, I make the motion that we approve the minutes. Rountree: Second Johnson: Moved and seconded to approve the minutes as written, all those in favor? Opposed? MOTION CARRIED: All Yea MINUTES OF JOINT WORKSHOP HELD FEBRUARY 22, 1994: Johnson: Are there any corrections to these minutes? Alidjani: Mr. Chairman, I make a motion that we approve the minutes of the special workshop held February 22, 1994. Shearer: Seconded Johnson: Moved and seconded to approve the minutes as prepared, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #1: HAVEN COVE SUBDIVISION N0. 5 BY INTERWEST DEVELOPMENT AND DAVID COLLINS: TABLED AT MARCH 8, 1994 MEETING: Johnson: This was tabled at March 8, 1994 meeting. We have a letter #rom the developer basically stating he is not ready at this time. Shearer: I move we table this until the next meeting. Alidjani: Second Johnson: Did you have something you wanted to add there Mr. Collins? Collins: Yes sir, I talked to the client this afternoon and he gave no indication of submitting a letter where he was not prepared for presentation. We are prepared for presentation tonight. It was tabled because of the ownership difficulties and he completed the purchase this week. Meridian Planning & Zoning May 10, 1994 Page 3 Stiles: Commissioner Alidjani and Chairman and Commissioners, the last 2 times this has been on the agenda there were items brought up the night of the meeting that we weren't able to address. And then we did get another submittal last meeting that basically my comments were pretty much the same. There are a lot of things that are the same, that have been expressed to them before that need to be addressed. I might be confusing some of it with Haven Cove No. 4 but it is similar. Alidjani: Thank you Johnson: Do we have further discussion, we have a motion on the floor and a second. Okay, all those in favor of the motion? Opposed? MOTION CARRIED: All Yea Rountree: Mr. Chairman, do we have to speak to the preliminary plat? Johnson: Do you want to speak to the plat? Rountree: I would make a motion that we table the plat as presented until all the problems associated with it are resolved with the City staff. Alidjani: Second Johnson: It is moved and seconded that we table the preliminary plat until such time as the issues raised have been addressed. Rountree: Make that the next regularly scheduled meeting. Johnson: Which is June 14, 1994, do we have a motion? Rountree: So moved Shearer: Second Johnson: Its moved and seconded then that we table the preliminary plat .until our next regularly scheduled meeting on June 14, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: TABLED AT APRIL 12, 1994 MEETING: PINE MEADOWS ANNEXATION AND ZONING REQUEST BY RON WALSH: 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 all 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 N0. 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? Meridian City Council August 2, 1994 Page 22 Crookston: Yes Kingsford: At this time I will re-open that public hearing for continuance and invite the owner or his representative to speak first if that is their desire or anyone else that would like to offer testimony. Do you want to make comments Mr. Collins? (Inaudible) Kingsford: Anyone else from the public that would like to offer testimony on the annexation and zoning for Haven Cove No. 5 subdivision? Thomas Geile, 2150 West Pine, was sworn by the City Attorney. Geile: I have received 3 plats for this subdivision that is adjoining my property. The.first plat was back in the 18th of January, and then I received a second one with a plat that has been changed partly and then in July I received another plat from the City that was exactly as the same as the first. So I don't understand where we are really going. The letter I had written to the Planning and Zoning Commission requested that the property that I have drains from the east to the west. The piece of property that they are planning to develop is on the west side of my property. 1 was hoping that we could get some sort of sewer system that would drain from the high part of my property to the low part of my property in through the part that was being developed. 1 was somewhat assured and my boy has been talking to the engineer and I believe he met with Mr. Crookston the other that some of this would be taken care of. As far as 1 have seen none of it has been taken care of. So at this point you get a map first this one thing, a second map that is changed a little bit and a third map that is the same as the first one. I don't know where we are going or what the engineering company is doing. So at this point I would like to have if we are going to improve anything some kind of plat or something that is telling me what they are doing. Kingsford: Mr. Collins can you look at those 3 maps and tell him which one is on first and throw the other 2 out. (Discussion Inaudible) Geile: Well they come from the city, this is the third one the original one, this is the original one I got with this all attached. This is the second one with the road up front, this is the third one that is sent. (Inaudible) Geile: And where this road is not really within the lowest part of my property. Meridian City Council August 2, 1994 Page 23 Collins: We are still working on the sewer design trying to see if we can get the whole parcel onto this sewer or whether we need to take some it down south across the street. Geile: Who is working on that? Collins: 1 am Geile: I guess I am confused because of what has been coming to me as the plats that have been sent out. It is just not consistent with what I think should be done. So, until we get them I would like to see something in my hand of what is actually going on. Kingsford: What we send out at least hopefully what we send out is exactly what is brought to us. We send them out certified mail, they provide us a list of property owners adjacent and we send out what they bring to us. (Inaudible) Kingsford: So it is the middle map? (Inaudible) Collins: That may have been mailed out while I was in the hospital by my daughter. (Inaudible) Kingsford: What kind of a problem does that constitute Mr. Crookston? Collins: I am sorry I was reading what Mr. Collins delivered to me. Kingsford: If we sent out a map that was incorrect where do we stand? I assume that would have been for the hearing that started on the 19th. Collins: We vuould need to determine which hearing the notices went out with. The notices whether it was the variance or whether it was the annexation and zoning to determine whether or not we have the appropriate map for the annexation and zoning. Stiles: Mayor and Council the variance hasn't even left my desk, nothing has happened with it, we still have the ownership problem. I would prefer to see a corrected plat so that it is mailed out to the property owners so they see what they are going to get and not continually have to go back. Just make the corrections change it and get the road where it is going to be and then have a proper public hearing. Meridian City Council August 2, 1994 Page 24 Kingsford: What is the issue with ownership, I have heard that comment? We don't have an adequate that shows ownership for annexation? Stiles: No we do not. Crookston: Mr. Mayor, Mr. Collins just delivered to me right now that says please be advised that we sold our property at 2470 North Pine to Interwest Development we concur with their desire to rezone the property for purposes of development. Our cooperation with this rezone is in keeping with the terms of our agreement and does not alter any other terms of that agreement. It is signed by a person, the first signature that I can't tell what it is. One appears to be by the name of Joann C. Conrad. There is no indication that they are the owners and no indication that 2470, just on this document, 2470 North Pine is the property that we are dealing with. Stiles: We have never received a valid warranty deed from them, all we have is an option agreement or something. Morrow. Mr. Mayor, I think in the interest of time it appears to me that this is one of those presentations that sometimes comes before us where everything is not in proper order, not very well done and that it is contingent upon us to either remand this back to P & Z or table it until all of the proper documentation all of the questions are answered. I have before me 3 letters before me that were done in February by various property owners one of which is Mr. Geile. There still not clear in his mind nor is it clear in my mind what is going on with those properties and how those things are being done. Certainly we delegate to our staff responsibilities to put these things in proper sequence. We are delivered a letter here 8:30 or so the night of the hearing that would seem to or at least the applicant's desire is we would press ahead with that as evidence of apparently warranty deed interest. And none of that seems to make sense to me. I think what probably what ought to happen from my perspective is at the very least it be tabled until some point in the future when all of these things are put in the proper format. All the questions are answered in terms of the staff and the surrounding property owners. Those would be my comments. Kingsford: Any other comments from the Council? Corrie: I agree, that is not much of a comment, but I agree with him. Tolsma: Is that a motion Walt? Morrow. It can be if you wish. Kingsford: Given that would it be your desire then to continue the public hearing until ~e Meridian City Council August 2, 1994 Page 25 those proper documents. Morrow: No Kingsford: Anyone else from the public then that would like to offer testimony at this before I close the public hearing? Collins: (Inaudible) Do we need a warranty deed, that means he needs clear title to the property before we can proceed with this? That is my question. Crookston: You have to have the consent of the titled owners. Collins: So I need to back that with proof that the Conrads own it. Crookston: The legal description should tie in so that we can show that Mrs. Conrad and this other person own the same property that you are asking to be annexed and zoned. Kingsford: 1 will close the public hearing, Council members I entertain your motion. Morrow. I would move that this project be tabled, and we have to do it to a date certain in the future? Kingsford: Correct. Morrow. Which the meeting of the 16th would be too quick in terms of the notification so Anna what would be the next meeting that it could be accomplished by? I would move that this be tabled until September 6th. Yerrington: Second Kingsford: Moved by Walt, second by Max to table Haven Cove Subdivision annexation and preliminary plat to the September 6th meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #17: PUBLIC HEARING: CONTINUED FROM JULY 19, 1994 MEETING: REQUEST FOR ANNEXATION AND ZONING FOR ASHFORD GREENS SUBDIVISION BY BOISE RESEARCH CENTER AND NUBBLE ENGINEERING: Kingsford: At this time I will re-open that public hearing and invite the owner or his designee to begin. Meridian Planning & Zoning June 14, 1994 Page 6 felt it was necessary. Rountree: Mr. Chairman, I make a motion that we pass onto the City Council a favorable recommendation conditioned on the City Zoning Administrator coordinating with ACHD and the developer to provide access onto West Pine Street and amended the plat #o indicate 1400 square feet as a minimum home size. Shearer: Second Johnson: It is moved and seconded that we pass on a favorable recommendation onto the City Council conditioning 2 items access and square footage, all those in favor? opposed? MOTION CARRIED: All Yea ITEM #5: TABLED AT MAY 10, .1994 MEETING: AR_ _ROWLEAF SUBDIVISION PRELIMINARY PLAT BY ROBERT GLENN: Rountree: We have a letter that says that is being withdrawn. Johnson: Read the letter. Alidjani: This letter is to confirm our telephone conversation of June 13, 1994 concerning the preliminary plat. Our client has decided to terminate this project. This project was scheduled for action before. the Planning & Zoning Commission on June 14, 1994. Thank you for your assistance during this project. 1 look forward to working with you on other projects in the Meridian area. Respectfully, Patrick Tealey. Johnson: Thank you Mohammed. ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR HAVEN COVE NO. 5 SUBDIVISION: Johnson: Are there any points of discussion or corrections? Alidjani: Mr. Chairman, I make the motion the Meridian Planning & Zoning Commission hereby adopt and approve these findings of fact and conclusions of law. Rountree: Second Johnson: It is moved and seconded that we approve the findings of fact and conclusions of law as written, roll call vote. Meridian Planning & Zoning June 14, 1994 Page 7 ROLL CALL VOTE: Hepper -Aye, Rountree -Aye, Shearer -Aye, Alidjani -Aye MOTION CARRIED: All Yea Alidjani: Furthermore, I make a motion that the Meridian Planning & Zoning Commission hereby recommends to the Meridian City Council of the City of Meridian that they approve the annexation and zoning as stated above for the property described in the application with the conditions set forth in the findings of fact and conclusions of law and that if the conditions are not met that the property be de-annexed. Rountree: Second Johnson: It is moved and seconded that we pass on a favorable recommendation onto the City Council as stated, all those in favor? Opposed MOTION CARRIED: All Yea ITEM #7: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR PINE MEADOWS ANNEXATION AND ZONING: Johnson: Any discussion regarding these findings of facts? If there is no discussion or comments I v~ill entertain a motion on the findings of facts. Alidjani: Mr. Chaimlan, I make a motion that the Meridian Planning & Zoning Commission hereby adopts and approves these findings of fact and conclusions. Hepper: Second Johnson: It has been moved and seconded to adopt the findings of fact and conclusions of law as prepared by the City Attorney, roil call vote. ROLL CALL VOTE: Hepper -Aye, Rountree -Aye, Shearer -Aye, Alidjani -Aye MOTION CARRIED: All Yea Johnson: A recommendation for the City Council. Alidjani: I make a motion that the Meridian Planning ~ Zoning Commission hereby recommends to the City Council of the City of Meridian that the they approve the annexation and zoning as stated above for the property described in the application with the conditions set forth in the findings of fact and conclusions of law (inaudible) no .~ Meridian Planning & Zoning May 10, 1994 Page 2 Hepper: Second Johnson: We have a motion and a second to approve the minutes of the special meeting of April 26, 1994, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #1: TABLED AT APRIL 12, 1994 MEETING: HAVEN COVE SUBDIVISION NO. 5 BY INTERWEST DEVELOPMENT AND DAVID COLLINS: Johnson: We have some recently received comments from Gary Smith, do you all have those? We have conducted our public hearing on this issue. There are comments from Shari Stiles our Planning & Zoning administrator which recommends tabling or denial and also from Gary Smith. Have you had an opportunity to review those? Rountree: Mr. Chairman, have we had findings of fact on this with respect to the annexation and zoning? Johnson: Do we, I don't believe we do. The minutes reflect that we just tabled this issue and did. not ask for those to be prepared. Rountree: Mr. Chairman, I make a motion that we have findings of fact and conclusions of law prepared with respect to the annexation and zoning request on this. Johnson: Well, we have a motion, it either dies for lack of a second or we have a second before we have discussion. Alidjani: I'll second Johnson: It is moved and second we have the City Attorney prepare findings of fact and conclusions for annexation and zoning only, any discussion. Alidjani: I have some questions for Shari. I have read what you have here but what is your general feeling about what is going on. You have already had some discussion with the applicant or the engineer and the representative of the applicant, I would like to know what the response was. Why has it been delayed and delayed and tabled already for some of the documents that was not prepared at time and still is not prepared according to your notes. r Meridian Planning & Zoning May 10, 1994 Page 3 Stiles: Commissioner Alidjani and Chairman and Commissioners, the last 2 times this has been on the agenda there were items brought up the night of the meeting that we weren't able to address. And then we did get another submittal last meeting that basically my comments were pretty much the same. There are a lot of things that are the same, that have been expressed to them before that need to be addressed. I might be confusing some of it with Haven Cove No. 4 but it is similar. Alidjani: Thank you Johnson: Do we have further discussion, we have a motion on the floor and a second. Okay, all those in favor of the motion? Opposed? MOTION CARRIED: All Yea Rountree: Mr. Chairman, do we have to speak to the preliminary plat? Johnson: Do you want to speak to the plat? Rountree: I would make a motion that we table the plat as presented until all the problems associated with it are resolved with the City staff. Alidjani: Second Johnson: It is moved and seconded that we table the preliminary plat until such time as the issues raised have been addressed. Rountree: Make that the next regularly scheduled meeting. Johnson: Which is June 14, 1994, do we have a motion? Rountree: So moved Shearer: Second Johnson: Its moved and seconded then that we table the preliminary plat until our next regularly scheduled meeting on June 14, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: TABLED AT APRIL 12, 1994 MEETING: PINE MEADOWS ANNEXATION AND ZONING REQUEST BY RON WALSH: Meridian Planning & Zoning February 8, 1994 Page 13 Meridian. Johnson: Did you have an opportunity to .talk to Bruce about his recommendation? Henry: No I didn't. Freckleton: That was one of Gary's (inaudible) Johnson: The one with the lot being denied access? Freckleton: No Johnson: No, not that, the one you had in here about, its not access, its the existing domestic water and sewer services Lot 2 and 5, Block 5, the wells must be terminated with this annexation, so did you talk to him about that? Henry: I didn't talk to him, but this is a new plat it has changed. Those 2 lots now will be serviced from the south, Lombardy Street. We've made some changes to resolve the concerns that were raised the first time around. Johnson: Is that all you had for us? Any questions of Mr. Henry? This is a public hearing, is there someone else that would like to address the Commission on this application, now is the time. Seeing no one then I will close the public hearing. We need Findings of Fact on this gentleman. Shearer: I move we have the Attorney prepare Findings of Fact and Conclusions of Law on this project. Alidjani: Second Johnson: We have a motion to have the City Attorney prepare Findings of Fact and Conclusions of Law for the request for annexation and zoning for Meridian Meadows, soon to change its name, all in favor? Opposed? MOTION CARRIED: All yea ITEM #9: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR HAVEN COVE #5 BY INTERWEST DEVELOPMENT AND DAVID COLLINS: Johnson: I'll now open the public hearing, if there is someone representing the Meridian Planning & Zoning February 8, 1994 Page 14 applicant or the applicant that would like to address the Commission please do so now. You need to be sworn. David Collins, 3350 Americana Terrace, Boise, was sworn by the Attorney. Collins: The project is a 20 acre parcel located directly south of the existing development known as Haven Cove on Cherry Lane west of Meridian. The parcel is preliminarily laid out with 73 units at 3.75 units per acre. I have gone over this plan with Ada County Highway district and there will be a minor modification, they are requesting extension of a road to the east out of the project. After meeting with Larry Sale and the rest of the staff down there including the Traffic Department, it was determined to extend Warrior Street on the south of the project to the east to the adjoining parcel. This hopefully will take care of the duel access problems that might be of concern to the City of Meridian. Also, the water system will be taken from the 10 inch line out of Haven Cove Subdivision as its built today and extended down through and liked in to Pine Street completing some networking on the water lines in the City of Meridian. The extension of the road to the north will continue with the development of the parcel to the west of us which is owned by Tom Eddy, there is a connection from the existing Haven Cove preliminary into Mr. Eddy's parcel. The Highway District insisted this be connected into our project to provide an indirect but definite flow through from Pine Street to West Cherry Lane, which is a reversal of the policy that they indicated to me when we did the original preliminary plat for Haven Cove, they wanted no communication between Pine and Cherry, but they have had a change in staffing for whatever reason. That is all I have. Johnson; Any questions of David? Hepper: I've got a couple, what do you plan to do on berming and landscaping on the entrance? Collins: On the entrance way the right of way requirement is 66 feet and there is currently 50, we will probably provide a berm comparable to what is along Cherry Lane, 7-8 feet wide, rising slightly and then fenced on top, pretty low key development along there. Hepper: Similar to what is on Cherry Lane. And that will have sidewalks, curb and gutter? Collins: I don't know if we will bond for them at this time, that is Highway district whether we construct them at the present time or whether we throw the money in Meridian Planning & Zoning February 8, 1994 Page 15 the coffers and maybe they have a major project coming up that is going to tie in and they will do it themselves, that I haven't determined yet. Hepper: That is alf I have. Johnson: Anyone else have any questions for Mr. Collins? Rountree: Just to qualify what you said about access through or to the adjacent properties, Warrior Street would be extended to the east through what appears to be Lot 4, block 1. Collins: Yea, on the alignment of Warrior Street it will go to the east, that is correct. Rountree: And what was the connection to come off of rutledge Avenue to the north through the culdesac that is shown there now would access that property to the east. Collins: No, the connection to the north would be the extension of Morris Street to the west of Mr. Eddy's parcel and then there is a stub from Haven Cove it will be phase 4 when we get it done, that is coming south into Mr. Eddy's property about 100 feet into his property. Rountree: That is North Stucker Avenue? Collins: Yes, I think so, there area lot of names on those streets. What the Highway District wants was a very circuitous route to discourage flow through from the High School through to Cherry Lane when school gets out. Johnson; Any other questions? Rountree: That is all I have. Johnson: Thank you Mr. Collins, this is a public hearing is there anyone else that would like to address the Commission on this application? The gentleman standing, you need to be sworn sit. Aloys Schlekeway, 2090 West Pine, was sworn by the Attorney. Johnson: We have your letter in our packet sir. Schlekeway: I was just concerned because I was cut out of access from Haven Meridian Planning & Zoning February 8, 1994 Page 16 Cove No. 2 and the through street was changed to a culdesac on Rutledge Avenue and I am getting pushed back into a corner back there and Warrior Street is quite a ways out front from my property too so I'm kind of tied back into a whole back there and I'm concerned. I'm not real happy with Warrior Street, 1'd just assumed it was Mora the one out front, I would just assume to see that street go through to the east more than any of them. The County didn't want any connection there so they denied me access on rutledge Avenue but now they are giving access just a little ways on the road too so it didn't seem to fair to me. That is it. Johnson: I appreciate your comments we have letter, we do not have according to my packet any comments from our City Engineer or ACRD so we have a recommendation from our Planning Director that we take whatever testimony tonight but we table some action because those comments are missing and they are vital to this particular project. Schlekeway: Right, I was never told that was changed from a through street to a culdesac and I never had a bit of say in it. Shearer: If I understood what Dave just said they have changed their mind and are going to extend Rutledge Avenue, is that what he said? Schlekeway: No, they are going to shift it back over, it used to be Rutledge Avenue and that is why I never had any objection up front to Haven Cove No. 2 because I was provided access there and I wasn't becoming landlocked. and that was changed to a culdesac I guess, but I think 1 should have at least been notified of that. Johnson: any questions of Mr. Schlekeway? Rountree: You have no access off of Pine? Schlekeway: Just an easement, a gravel road easement. I don't know if that is wide enough for streets or anything, I don't think it is. Rountree: How big is your parcel? Schlekeway: 8.7 acres Johnson: Apparently we did receive some ACHD comments late today, I'm going to make these available to you. Pertinent here is probably comment #3, they say 2 stub streets have been proposed to the westerly boundary of the project but Meridian Planning & Zoning February 8, 1994 Page 17 none that the staff recommends that at least 1 stub street be provided to the easterly boundary. (End of Tape) I haven't had a chance to read this, apparently it came in late this afternoon. You can have a copy of this, we will get you a copy of this. Anything else, thank you very much. Sir, you wanted to testify? Thomas Geile, 2150 West Pine, was sworn by the Attorney. Geile: I own the piece of property just east of the proposed Haven Cove No. 5, and my biggest concern is to have a sewer access through some point of that project as my piece of property all drains from the east to the west which would be bordering that Haven Cove, the slope of all of my property goes that direction. In order to get any sewer attachment it would appear if I was to develop my property I would have to pump it in some direction in order to get out other than to go through that particular project. So, I was wanting to know if the sewer in that project is going to be at the depth that would take my piece of property. Johnson: That is a good question, we'll see if we can get you an answer, it may not be tonight. Geile: Okay, then the road access to my property, is that something that is a must at Warrior Drive or can that be extended through to Washington or as Mr. Schlekeway suggested in the back for the better use of my piece of property I don't have any idea what would be for the better for my piece of property. If they say this is where it is going to be without consulting myself then I would at this point have an objection if they say this is where you are going to get your road whether you like it or not. Johnson: Again, without having reviewed these ACRD comments I don't know if they have touched on that or not. Its about 3 pages of type written material. Geile: Then I guess the last thing that I have is the layout of this particular subdivision looks- pretty boxy to me. I think it might put a little more imagination into the layout of these streets. Other than that 1 think this is all I need to say at this particular time. You do have my letter? Johnson: 1 don't have it in my packet, I will ask Will if he has it. Thank you very much sir. Do you have the letter, any of you? Anyone else from the public like to address the Commission on this application? Seeing no one then I'll close the public hearing. Shearer: Could we get the Engineer back? I still am not clear on which street he Meridian Planning & Zoning February 8, 1994 Page 18 is talking about coming through. Johnson: You want to talk to Mr. Collins, sure. I'll re-open the public hearing so we can officially hear Mr. Collins. Shearer: Did you indicate that Rutledge Avenue was coming on through now on the old subdivision? Collins: On the old one, no sir. originally Mr. Schlekeway talked to me after the original Preliminary plat submittal a couple of years ago on Haven Cove to the north and I indicated to him that I definitely would provide him with that access but that was subsequently changed by the Highway District again with the concern of inter-connecting that area. I did try to get a hold of you a couple of times by phone, I didn't mail you a letter, which was probably my fault, but I did try to contact him to try to let him know that had happened. Shearer: Which one, you got Warrior Street on through but you indicated another, I got the indication that you said there was, well I thought it was Rutledge Avenue that was going on through. Didn't you say there was another one going through? Collins: To the west of the northwest corner of this, 100 feet into the adjoining parcel. Shearer: Okay Collins: It originally inter-connection was being discussed as being up at Morris Street at the north however, their concern was through flow, which by the way changed the design radically on this plat, because Mr. Geile's parcel as it develops with a connection further to the south would encourage people in his northwest area to go get on Pine Street down to the Ten Mile and make the right and up to Cherry Lane and do what they want at the signal up there. Rather than having very few turns to go through they would have one on Mora, they would go over and get on Stucker and have 2 more turns and be right up on Cherry Lane. So the traffic engineer a the Highway District in the discussion indicated he wanted it further to the south down there. That is one reason this is laid out its got 6 turns before you are finally in the northwest corner up here and nine by the time you get clear through the subdivision to the north. That is really going to discourage especially if I can get the District to sign some of intersections stop, it is really going to slow traffic down. Johnson: Thanks David, Mr. Forrey did you want to comment regarding your Meridian Planning & Zoning February 8, 1994 Page 19 letter on this or have I pretty well covered that? Forrey: Mr. Chairman, members of the Commission, during the staff review we discovered that the files were insufficient and we couldn't verify that some of the agencies had all of the information that they needed.to make informed decisions and there is always that chance that if they would have had other information that is in the file that didn't get copied they their comments may be different. So, in fairness to the agencies and theapplicantt we felt it was appropriate to have the hearing and keep a record of the comments tonight but hopefully you would allow the staff to re-submit all the information to the agencies and then re-look at this in one month at your March meeting if there is any additional comments that might affect the decisions. Johnson: Thank you Wayne, any questions for Mr. Forrey? Rountree: Has that been done, it will be tomorrow if that is the Commissions action. Shearer: We need to table this until next month then, that is what you are saying? Johnson: Anyone else before I close the public hearing again. Geile: If we are talking about slowing down the traffic on Cherry Lane to West Pine, do you think in any terms at all it might be a problem that there would not be a street access allowed from my property to Pine? Rountree: You currently have access there now? Geile: I have the same road, its been strictly a users road, that road is only 28 feet wide when I bought my piece of property. It goes up along the east portion of my property into Mr. Schlekeway's property. I believe and I don't know for sure whether the High School has any part of that access or not, they use the road to maintain their field there but in the original time I believe the property was all for my access and tot he piece of property in the back, Mr. Schlekeway's. Rountree: Do you have any frontage on Pine Street at all? Geile: Yes I do, I have I think 832 feet, so if we are talking about not wanting access through from Pine to Cherry Lane I think we ought to also take into consideration if they are going to say we have one coming out here on Rutledge Road we are not going to allow me one. Meridian Planning & Zoning June 14, 1994 Page 6 felt it was necessary. Rountree: Mr. Chairman, I make a motion that we pass onto the City Council a favorable recommendation conditioned on the City Zoning Administrator coordinating with ACHD and the developer to provide access onto West Pine Street and amended the plat to indicate 1400 square feet as a minimum home size. Shearer: Second Johnson: It is moved and seconded that we pass on a favorable recommendation onto the City Council conditioning 2 items access and square footage, all those in favor? opposed? MOTION CARRIED: All Yea ITEM #5: TABLED AT MAY 10, .1994 MEETING: ARROWLEAF SUBDIVISION PRELIMINARY PLAT BY ROBERT GLENN: Rountree: We have a letter that says that is being withdrawn. Johnson: Read the letter. Alidjani: This letter is to confirm our telephone conversation of June 13, 1994 concerning the preliminary plat. Our client has decided to terminate this project. This project was scheduled for action before the Planning & Zoning Commission on June 14, 1994. Thank you for your assistance during this project. I look forward to working with you on other projects in the Meridian area. Respectfully, Patrick Tealey. Johnson: Thank you Mohammed. ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR HAVEN COVE NO. 5 SUBDIVISION: Johnson: Are there any points of discussion or corrections? Alidjani: Mr. Chairman, I make the motion the Meridian Planning & Zoning Commission hereby adopt and approve these findings of fact and conclusions of law. Rountree: Second Johnson: It is moved and seconded that wee approve the findings of fact and conclusions of law as written, roll call vote. MERIDIAN PLANNING & ZONING COMMISSION JUNE 14 1994 The regular meeting the Meridian Planning & Zoning Commission was caked. to order by Chairman Jim Johnson at 7:30 P.M.: Members Present: Charlie Rountree, Moe Alidjani, Jim Shearer, Tim Hepper: Others Present: Will Berg, Wayne Crookston, Gary Smith, Shari Stiles, Wayne Forrey, Alan Cavener, Thomas Geile, Bond Campbell, Jim Merkle, Mike Wardle, Mark and Janiz, Dean Langley, David Turnbull, Archie Roberson, Ron Walsh: MINUTES OF THE SPECIAL MEETING HELD MAY 31, 1994: Johnson: You have all read the minutes, are there any corrections, deletions or additions? 1 would entertain a motion for approval. Alidjani: I make a motion that we approve the minutes of May 31, 1994. Rountree: Moved and seconded to approve the minutes as written, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: I want to thank Charlie for filling in for me that night. ITEM #1: TABLED AT MAY 10, 1994 MEETING: HAVEN COVE N0. 5 PRELIMINARY PLAT BY S. I. DEVELOPMENT AND DAVID COLLINS: Johnson: This item was originally tabled on February 8, 1994 and tabled right on through on May 10, 1994. Rountree: I have a question for Gary Smith on this. Are we finally complete in terms of addressing your concerns on this preliminary plat? Smith: Mr. Chairman, Commission members, the applicant's engineer David Collins is incapacitated in the hospital as of today and he had been in conversation with me today by telephone and assured me that all of the items that Shari and I had addressed in our comments would be taken care of. He did resubmit another plat that has the contour lines on them and other than that, my conversation with him has been by telephone and he basically told me what I just relayed to you. Johnson: How is your comfort zone? Smith: I don't have any problem with it, he told me he would do this and obviously 1 am not going to process the final plat until (inaudible). He has agreed to it verbally to mine and MERIDIAN PLANNING & ZONING COMMISSION JUNE 14 1994 The regular meeting the Meridian Planning & Zoning Commission was called to order by Chairman Jim Johnson at 7:30 P.M.: Members Present: Charlie Rountree, Moe Alidjani, Jim Shearer, Tim Hepper: Others Present: Will Berg, Wayne Crookston, Gary Smith, Shari Stiles, Wayne Forrey, Atan Cavener, Thomas Geile, Bond Campbell, Jim Merkle, Mike Wardle, Mark and Janiz, Dean Langley, David Turnbull, Archie Roberson, Ron Walsh: MINUTES OF THE SPECIAL MEETING HELD MAY 31', 1994: Johnson: You have all read the minutes, are there any corrections, deletions or additions? I would entertain a motion for approval. Alidjani: I make a motion that we approve the minutes of May 31, 1994. Rountree: Moved and seconded to approve the minutes as written, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: t want to thank Charlie for filling in for me that night. ITEM #1: TABLED AT MAY 10, 1994 MEETING: HAVEN COVE NO. 5 PRELIMINARY PLAT BY S. I. DEVELOPMENT AND DAVID COLLINS: Johnson: This item was originally tabled on February 8, 1994 and tabled right on through on May 10, 1994. Rountree: I have a question for Gary, Smith on this. Are we finally complete in terms of addressing your concerns on this preliminary plat? Smith: Mr. Chairman, Commission members, the applicant's engineer David Collins is incapacitated in the hospital as of today and he had been in conversation with me today by telephone and assured me that all of the items that Shari and I had addressed in our comments would be taken care of. He did resubmit another plat that has the contour lines on them and other than that, my conversation with him has been by telephone and he basically told me what I just relayed to you. Johnson: How is your comfort zone? Smith: I don't have any problem with it, he told me he vuould do this and obviously I am not going to process the final plat until (inaudible). He has agreed to it verbally to mine and Meridian Planning & Zoning June 14, 1994 Page 2 Shari's comments. Rountree: Thanks Gary. Johnson: Okay, what do we need to do here. Rountree: Mr. Chairman, ! make a motion that we pass a favorable recommendation on this preliminary plat to the City Council conditioned o~ the developer addressing the comments from City Staff. Shearer: Second Johnson: It is moved and seconded that we recommend approval based on conditions of City Staff, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: TABLED AT MAY 10, 1994 MEETING: FIRE LIGHT ESTATES PRELIMINARY PLAT BY RUNNING BROOK ESTATES AND RUBBLE ENGINEERING: Johnson: Any questions, concerns, discussion regarding this item? Hopper: Probably the same questions to Gary and Shari that we just had, are they comfortable with everything that has been presented to them? Johnson: Would you like #hose people to comment or Gary to comment? Hopper: Please Johnson: Same question Gary or Shari. Smith: Mr. Chairman, Planning & Zoning Commissioners, the applicants engineer did revise the preliminary plat and has resubmitted that to me and they have addressed those items that I had questioned at the time of my review of the preliminary plat. Hopper: At the time we had some questions about a homeowners association on the landscape lots near the entrance and the width of the berm area, has that been addressed? Smith: Yes, they have shown that as a separate lot now and it is 20 foot in width. Meridian City Council July 19, 1994 Page 12 permit for one year from this date for Pine Bluff Date, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR HAVEN COVE NO. 5 BY INTERWEST DEVELOPMENT AND DAVID COLLINS: Tolsma: Is there a representative here? Well we have no representatives does anyone wish to testify for Haven Cove No. 5? No testimony, I will close the public hearing. Con'ie: Mr. President, I move we table this until August 2 meeting, I have some questions of the developer I need answered so I move that we table it. Morrow: Question, the August 2nd meeting would not give the necessary notice for public notification. Crookston: The hearing is tonight we don't have to renotice it. Yerrington: I'll second the motion. Berg: Do we need some findings of fact? Crookston: They have already been prepared. Berg: Do we need to approve them before we table it. Tolsma: Is there a motion to withdraw. Corrie: Motion withdrawn Yerrington: Second withdrawn Morrow: Mr. President, I would like the Counselor to walk me through what is going on with respect to the public hearing, the findings of fact and the request for annexation and zoning. I have several questions to ask the. developer, they are not here to present the issue so take me through the procedure here because I want to ask the question before we do anything irreversible. Crookston: Do you want the questions to be answered of record to be determinative of the decision? Meridian City Council July 19, 1994 Page 13 Morrow: Yes Crookston: So you can use that as part of the decision? Morrow: I think it applies because if the development makes some sort of presentation that they are going to do something and we question that and it is not part of this particular record here than it is not on the record at all. Crookston: No Morrow: And then we have no enforcement. Crookston: Than you should continue the public hearing. Morrow: I think that would be my preference. Corrie: I have some questions on the findings of fact and conclusions of law that I think need to be perhaps revisited. The motion we should make it to have a the public hearing continued. Morrow: And we can do that to August 2nd? Crookston: Yea Morrow: So moved Corrie: Second Tolsma: Moved by Walt, second by Bob to continue the public hearing on August 2nd, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #15: PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR FIRE LIGHT ESTATES BY RUNNING BROOK ESTATES AND NUBBLE ENGINEERING: Tolsma: Is there a representative? Gene Smith, 9550 Bethel Court, Boise, was sworn by the City Attorney. Smith: Mr. President, .members of the Council, a month ago we presented to you the HUB OF TRF.,AS(IRE VALLEY COUNCfL MEMBERS OFFICIALS A Good Place to Live RONALD R. TOLSMA WILLIAM G.BERG,JR.,CilyClerk JANICE L. GASS, City Treasurer CITY OF ~'IERIDIAN MAXYERRINGTON ROBERT D. CORRIE GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO- SHARI STILES t JOHN T.SHAWCROFT,wastewatersupt. or Planner&ZoningAdministra KENNY W. BOWERS, Fire Chief MERIDi~p IDAHO 83642 • JIM JOHNSON W.L. "BILL" GORDON, Police Chief - Phone (208) 8813,1433 • FAX (208) 887813 Chairman -Planning & Zoning WAYNE G. CROOKSTON, JR., Attorney Public Works/Bui1~ Department (208) 887-2211 GRAIW'i' P_ KINGSFORD 141ayor TRANSMITTAL TO AGENCIES FOR CClMMENTS ON DEVELOPMENT PROJECTS FNITH THE CITY OF MERIDIAN To insure that your comments and recotanmendations will be considered by the Meridian Planning ~ Zoning Commission, may we have your answer by: M av ~. 1994 TRANSMITTAL DATE: 4/19/94 HEARING DATE: 5/10194 REQUEST: Resubmittal of Haven Cove No. 5 Preliminary Plat BY: Interwest Development and David Collins LOCATION OF PROPERTY OR PROJECT: West of Linder Road and North of Pine Street JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 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 CITI' ENGINEER CITY PLANNER A~RIDIAN SCHOOL DISTRICT ME9RIDIAN POST OFFICE(PRELIM & FINAL PLAT} ADAM COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH - NAMYaA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDA~'!O POWER CO.(PRELIM 8~ FINAL PLAT) U.S_ 161tEST(PRELIM & FINAL PLAN IN~RMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) C17Y FILES OTl'~ER: YOUR C01~iCISE REMARKS: ~.,.~. ;, ~, /q ~' ` 4 • / • ~•,/ ~ v~~ _ ~~ ~/ ~.'7 ~ .~ ~I \ ~ Q ~_~ ~ 1 ' ~ ~ ~ r / ,. •. ~ ~ ~ N G y~~v- h - }1 ~ M h ~M 4 ~ Q M N tD . aN a p r- • ~ Z ~ m ~O = J 3 rW op m o~ ~ 3 0 env-a3~anl~s~N N I - I I ~W v= r- -- - ~\ h "~ # _ ~ \ N , / ~T N ' , Yy~ ~ v v v in v co v n v m v rn o v m .a cv m v in ~ ~ N ~ -' ~ r ' ~ ~ ~ ~ ~ ~ .~ Rn7 Rml N ~ N ~ tU I1 ~ N .ti ~ '~ ~ , ~~ Q .' ~ ~ m m m m ~ ~ u~i ~ ~ ~ m ~ /Ir, • Z ~ m ~" m ~-- --~ -- -- - ~ ~n ~ • • m R7 m c o m ~ v N v i ~ N ~ mm, ~ ~ ¢ c cD ~ 1 , m I ~ tilt N ~ • N N P N ~ ~ ~ 1- ~ ~ ~ ^ A 2 j m ~ v ~v .~ N ~u .~ N N .-~ ~' N °' .~ m r • ~ i I ~ ~ ~~ / ~ ~ . / ! ~ / ; ; ^ ~ . ; O -~- --- ~ - -- 1) 1 S 2 _ 2 • i i ~ j ~ d O~ ~ .; ,~ N1 NV...2! _ -_- 1~~ 1~ G~ ~ ~t ~~ ~ - ~, C C d ~ a -~ ~; ORDINANCE N0. 1 f PROPERTY WHICH IS DESCRIBED AS " 4 OF SECTION 11, T. 3N • , R. 1W. , AN ORDINANCE ANNEXING AND ZONING CERTAIN REAL IS p~jpCENT ~~ ~IyOWg; A PORTION OF THE N 1/2 OF THE NE 1/ WHICH PROPERTY ~ IDAHO, TO THE CITY OF MERIDIAN+ IDAHO• B.M., ADA COUNTY, OF MERIDIAN, ADA COUNTY, AND CONTIGUOUS TO THE CITY Cit Council and the Mayor of the City of Meridian, have ~EREAS, the y he best interest of said City to annex to said City , concluded that it is in t ~' certain real property which is described as follows: WEST MANOR ANNEXATION 4 of Section 11, T. 3N•, R• ~ parcel l: in the N 1/2 of the NE 1/ p parcel of land lying and more particularly described as follows: 1W. ~ BEM, , Ada County, Idaho • 4 of Section 11; Beginning at the Northeast corner of the saidt a /Easterlyeboundary of the said thence South 0°36'33" West 980• feet along 1 2 of the NE 1/4 of Section 11, which is also the centerline of Linder Road, N / POINT OF BEGINNING; thence continuing to a point, also said point being the REAL of the N 1/2 South 0°36'33" West 344.49 feet along the said Easterly boundary 4 of Section ll to a point marking the Southeast corner of the said of the NE 1/ thence North 89°22'22" West 2458.26 feet N 1/2 of the NE 1/4 of Section 11; along the Southerly boundary of Section 11 to a point on the cethersaid center- i• thence North 44°59'54" West 11.20 feet° 6~54~~ West 267.10 Rutledge Lateral, oint; thence North 30 line of the Rutledge Lateral to a p oint; thence feet along the said centerline of the Rutledge Lateral to a p North 33°14'~'~ West 94.34 feet along the said centerline of the Rutledge oint on the Westerly boundary of the said N 1/2 of the NE 1/4 Lateral to a p ° ~1~$~~ East 999.94 feet along the said Westerly of Section 11; thence North 0 35 oint marking the boundary of the N 1/2 of the NE 1/4 ,of Section ~ ofoSection 11; thence South Northwest corner of the said N 1/2 of the NE 1/ of the said N 1/2 of 89°33'47" East 1675.49 feet along the Northerly boundary Lane, to a the NE 1/4 of Section 11, which is also the centerline of Cherry point; thence South 0°36'33" West 980.00 feet along aline Westerly of point; parallel to the said Easterly boundary of the NE 1/4 of Section 11 to a p ° , ~~ 00 feet along a line Southerly of and parallel thence South 89.33 47 East 980. to the said Northerly boundary of the NE 1/4 of Section 11 to the point of beginning, comprising 57.70 acres, more or less. parcel 2: 4 of the NE 1/4 of Section 11, T. 3N., R. 1W., p parcel of land lying in the NE 1/ B.M., Ada County, Idaho, and more particularly described as follows: Beginning at the NE corner of the said NE 1/4 of the NE 1/4 of Section 11; ° ~ ~~ West 650.00 feet along the Easterly boundary of the said thence South 0 36 33 NE 1/4 of the NE 1/4 of Section 11, which is also the centerline of Linder Roa , to a point's also said point being the REAL feet alongItheNsaid Easterly thence continuing South 0°36'33" West 330. boundary of the said NE 1/4 of the NE 1/4 of Section 11 to a point; thence North 89°33'47" West 980.00 feet along a line Southerly of and parallel to the Northerly boundary of the said NE 1/4 of the NE 1/4 of Section 11, toarallelt~ thence North O°36'33" East 980.00 feet along a line Westerly of and p to the said Easterly boundary of the NE 1/4 of the NE 1/4 of Section 11 to a point on the said Northerly boundary of the NE 1/4 of the NE 1/4 of Section 11; thence South 89°33'47" East 3~•~ feet along the said Northerly boundary of the NE 1/4 of the NE 1/4 of Section 11, which is also the centerline of Cherry Lane, to a point; thence South 0°36'33" West 650.00 feet along a line Westerly of and parallel to the said Easterly boundary of the NE 1/4 of the NE 1/4 of Section 11 to a point; thence South 89°33'4?" East 650.00 feet along a line Southerly of and parallel to the said Northerly boundary of the NE 1/4 of the NE 1/4 of Section 11 to the point of beginning, comprising 12.35 acres, more or less. Parcel 3: R. 1W., A parcel of land lying in the NE 1/4 of the NE 1/4 of Section 11, T. 3N., B.M., Ada County, Idaho, and more particularly described as follows: Beginning at the NE corner of the said NE 1/4 of the NE 1/4 of Section 11, also ___ ~ ____,. ~.,...,.. ~~,® u~eT. pnTNT nF RF]GINNING: thence South 0°36'33" west 650.00 ~4 - ORllINANCE N0. 3 NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO.. Section 1. That the aforementioned real property which is described as follows: WEST MANOR ANNEXATION Parcel 1: A parcel of land lying in the N 1/2 of the NE 1/4 of Section 11, T. 3N., R. 1W., B.M., Ada County, Idaho, and more particularly described as follows: Beginning at the Northeast corner of the said N 1/2 of the NE 1/4 of Section 11; thence South 0°36'33" West 980.00 feet along the Easterly boundary of the said N 1/2 of the NE 1/4 of Section 11, which is also the centerline of Linder Road, to a point, also said point being the REAL POINT OF BEGINNING; thence continuing South 0°36'33" West 344.49 feet along the said Easterly boundary of the N 1/2 of the NE 1/4 of Section 11 to a point marking the Southeast corner of the said N 1/2 of the NE 1/4 of Section 11; thence North 89°22'22" West 2458.26 feet along the Southerly boundary of Section 11 to a point on the centerline of the Rutledge Lateral; thence North 44°59 54" West 11.20 feet along the said centerline of the Rutledge Lateral to a point; thence North 30°06'54" West 267.10 feet along the said centerline of the Rutledge Lateral to a point; thence North 33°14'00" West 94.34 feet along the said centerline of the Rutledge Lateral to a point on the Westerly boundary of the .said N 1/2 of the NE 1/4 of Section 11; thence North 0°35'48" East 999.94 feet along the said Westerly boundary of the N 1/2 of the NE 1/4 of Section 11 to a point marking the Northwest corner of the said N 1/2 of the NE 1/4 of Section 11; thence South 89°33'47-' East 1675.49 feet along the Northerly boundary of the said N 1/2 of the NE 1/4 of Section 11, which is also -the centerline of Cherry Lane, to a point; thence South O°36'33" West 980.00 feet along a line Westerly of and parallel to the said Easterly boundary of the NE 1/4 of Section 11 to a point; thence South 89°33'47" East 980.00 feet along a line Southerly of and parallel to the said Northerly boundary of the NE 1/4 of Section 11 to the point of beginning, comprising 57.70 acres, more or less. Parcel 2: A parcel of land lying in the NE 1/4 of the NE 1/4 of Section 11, T. 3N., R. 1W., B.M., Ada County, Idaho, and more particularly described as follows: Beginning at the NE corner of the said NE 1/4 of the NE 1/4 of Section 11; thence South 0°36'33" West 650.00 feet along the Easterly boundary of the said NE 1/4 of the NE 1/4 of Section 11, which is also the centerline of Linder Road, to a point, also said point being the REAL POINT OF BEGINNING: thence continuing South 0°36-33" West 330.00 feet along the said Easterly boundary of the said NE 1/4 of the NE 1/4 of Section 11 to a point; thence North 89°33' 47" West 980.00 feet along a line Southerly of and parallel to the Northerly boundary of the said NE 1/4 of the NE 1/4 of Section 11 to a point; thence North 0°36'33" East 9$0.00 feet along a line Westerly of and parallel to the said Easterly boundary of the NE 1/4 of the NE 1/4 of Section 11 to a point on the said Northerly boundary of the NE 1/4 of the NE 1/4 of Section 11; thence South $9°33'47" East 330.00 feet along the said Northerly boundary of the NE 1/4 of the NE 1/4 of Section 11, which is also the centerline of Cherry Lane, to a point; thence south 0°36'33" West 650.00 feet along a line Westerly of and parallel to the said Easterly boundary of the NE 1/4 of the NE 1/4 of Section 11 to a point; thence South 89°33'47" East 650.00 feet along a line Southerly of and parallel to the said Northerly boundary of the NE 1/4 of the NE 1/4 of Section 11 to the point of beginning, comprising 12.35 acres, more or less. Parcel 3: A parcel of land lying in the NE 1/4 of the NE 1/4 of Section 11, T. 3N., R. 1W., B.M., Ada County, Idaho, and more particularly described as follows: Beginning at the NE corner of the said NE 1/4 of the NE 1/4 of Section 11, Olen ~.~i'i nnini• }toino~ the RF.AT. P(1TNT C1F RFhTNNTN(;e i-Yi~anrtss Snttth n°~~~~~t~ W ORDINANCE N0. 315 .-- NE 1/4 of Section 11; thence South 89°33'47" East 650.00 feet along the said Northerly boundary of the NE 1/4 of the NE 1/4 of Section 11, which is also the centerline of Cherry Lane, to the Point of beginning, comprising 9.70 acres, more or less. be and the same is hereby accepted, as requested by the owners, and made a part of the City of Meridian, Ada County, Idaho and said real property is hereby zoned "A" Residential. Section 2. That the City Clerk shall cause one (1) copy of the legal description and map which shall plainly and clearly designate the boundaries as altered, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within 10 days following the effective date of this Ordinance. Section 3. This Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. Passed by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 19th day of December, 1977. -=- /1 r C l~ss~ SSc.' /T~ ~Cfjy /t ~c .l~.f ~~iJ'( jilt.c4t.77•lr tic/// ill Tx,;n.,..~~;7~~<' /'_/~ wG3{ / Ju'tior APP VED: AYQR V ~ f 1 d i y CITY OF MERIDIAN 33 E. Idaho Ave. MERIDIAN, IDAHO 83642 THIS NUMBER MUST APPEAR IN All CORRESPONDENCE. INVOICES. SHIPPING PAPERS AND PACKAGES. PURCHASE ORDER N_ 9319 3 ~ ~/m~r- ~,~. T~~'~~ p SUS fe a~ Q;s~ l1~ 83~D(D DATE ORDERED ~a as 9 DATE WANTED INVOICE # TERMS EXPENSE ++ f3y1-0~-L~ PLEASE ENTER OUR ORDER FOR THE FOLLOWING - TO BE SHIPPED AS. DIRECTED. OTY. ORDERED DESCRIPTION UNIT PRICE AMOUNT /,~~ ~ n 1 PI~f re ~s' ~ ~o ~Q ~ u~~ ~ , ~~ s SS ~ ` I 1 I I I I I I I I I I i ~ I CONDITIONS GOODS ARE SUBJECT TO OUR INSPECTION AND APPROVAL. IF SHIPMENT WILL BE DELAYED FOR ANV REASON, ADVISE US IMMEDIATELY. STATING ALL THE NECESSARY FACTS. ~ BY TO AVOID ERRORS. NOTE SPECIFICATIONS CAREFULLY AND IF UN- ABLE TO COMPLETE ORDERS AS WRITTEN NOTIFY US PRO-"^T' Y. PURCHASING AGENT ~ ~ Hub of Troasuro Valley" 33 E. Idaho Meridian,, Idaho 83642 888-4433 ~¢ J~ ~~ V" G5~T07 7 GgINTED IN U.S.A. Customers J ~ 19 i 7 Order No. Date ~ Name Address Phone: SOLD BY CASH C.O.D. CHARGE ON ACCT. MDSE. RETD. PAID OUT ~~ t ~ ~ ~ t3y~- ol. 2s ~y i i i i - i i I i I 4 199 i r Ili~~ i~,~ i I i I i i I All claims and returned goods MUST b ccompanied by this bill. TAX i 2 610 By el ed TOTAL 2 Sj i 7 Y S. I. DEVELOPMENT, INC. 3350 AMERICANA TERRACE STE 200 385-0558 BOISE, IDAHO 83706 PAY TO THE ORDER ~~ Wnt one Bwk(Idab Head OfFiee Ol Pmt Office Bo: 7009 ~K Boise, ldabo 87727 FOR I~ '[~(..~ II^000 38 711' ~: L 24 L000 L 9~: r'1D ~- 387 92-1/1241 ~ a~7 i L0000 6 2 9 7 9011' 1 ,s~~~ .r '~.~ r CITY OF MFSF{lUlAIY ~~~ 33 E. IDAHO AVE. NSERIDiAN, IDAHO 8362 e~"~` ~' VARIANCE APPI,iCATION {RE: Meridian Zoning Ordinance) NAME : Interwest Development Inc. 1~HONE 385-0558 (owner or holder of valid option) ADDRESS : 3350 Americana Terr. Ste. 100, Boise, ID 83706 GENELtAL hOCATI4N: N.FJ.._Quarter, Section 11, T. 3N. , R 1Wt B M Ada Co ~n y, Idaho. LEGAL DPSCRI pTT ON OF PROPERTY : Attached. PROOF OF aWNEASHIP OR VALIA OPTION: A copy of your property deed or option agreement must be attached. PRESENT ZONE CS.ASSIE'ICATION RT rural transition) _ VICINITX SKETCH: A vicinity rnap at a scale approved by the City showing property lines, streets existing and proposed coning and such other items as the City may require. SUHKUUNDING PROPERTY DWN.EKS: A list Of all property owners and addresses within contiguvug to, directly across the street from, and within a 300 radius of the parcel(s) proposed for a Variance must be attached. (This information is available from the county Assessor) DESCRI FTI4N OF PROPOSED VARIANCE : We propose a variance from the ml-nimum street frontage of 80' on Lot 34, Block 12, and Lots 2, 3, 4, Block 13 and a variance for Lots 4, 9, 32 Block 12 & Lots 43, 59,_Block 1, frpm the_40'.min. s I GNATURE : ~~ 1,~_ CITY COUNCIL, RECORDS Date Received Received By city council Hearin4 Date - --------------------- f Variance Application for Haven Cove No. 5 1. The address for these lots are not yet available, but the legal description for the proposed preliminary plat for Haven Cove No. 5 is attached along with a reduced copy of the preliminary plat. 2. Applicant: Interwest Development Inc. • 3350 Americana Terr. Ste. 100 Boise, ID 83706 (208) 385-0558 3. The applicant is also the .owner of the subject property. 4. The proof of ownership is ,attached. 5. The legal description of the property is attached. 6. The present use of this property is agricultural. 7. This property currently has an application for annexation /rezone. Once this is approved the land will be subdivided and the variance is needed on 9 lots listed in the application. 8. The district that pertains to the subject property is the City of Meridian. 9. A vicinity map at a scale of 1" = 300' is attached. 10. This item is not applicable. 11. A radial mailing list is attached. 12. The dimension of this land is just so that a few lots don't quite make it. In order to make the best use of this land, we are asking that 9 lots be granted a variance from the minimum frontage. 13. The minimum requirement fora lot is 80'. We request that lots 2,3,4, block 13, and lot 34, block 12 be allowed to have frontage of 73'. And lots 4, 9, 23, block 12 and 43 and 59, block 1 be allowed to have frontage of 30' instead of 40' specifically because they are flag .lots. This is the variance we respectfully request. 14. In granting this variance it would permit the best use of this property. ,~• 15. The variance for these lots is caused by the geometry of the land and the right-of-way requirements to access all of the lots. Although some lots do not meet the minimum frontage requirements they all easily meet square footage requirements. 16. The special circumstance is the dimensions of the land. This restricts the design. The most efficient use of the land is to have 80 lots, we have designed 75. Once again, the frontage of a few lots is lacking but they meet the minimum square footage requirements adequately. 17. A literal interpretation of this provision would force this property to develop at a lower density. This property is within the area of impact, and should be developed at a higher density to offset the City's expense incurred for providing sewer and water to more rural areas. Because of the dimensions of this property we are able to meet square footage requirements, but we are unable to meet frontage requirements. 18. This parcel of land was purchased with certain dimensions. The engineer has provided several designs of this land that were governed by the right-of-way and the property geometry. The proposed design and number of lots minimizes unusable land ' 19. Granting variance will in no way entitle the applicant any special privileges. The land is maximized with 75 lots. Allowing this variance will not have any affect on the density of the project. Allowing this variance will. not entitle anyone to gain financially, except offsetting the city's expense for the hook ups of the water and sewer system. 20. The variance will not adversely impact any element addresed by the Meridian city comprehensive plan as the granting of this variance will not cause the density to exceed the requested zoning of R-4. 21. The fee will be paid. 22. The said affidavit is attached. r REQUIREMENTS: VARIANCE Attach a site plan showing all details of the proposed development. Complete the fallowing questions and return with the application. 1. What is intended to be done on or with the property? This property has a preliminary plat design of approximately 75 lots designed on it. It will be single-family residential. z. What special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, ox buildings in the same district? The special circumstance is the dimension of the land. This restricts the design. The most efficient use. for the land is to have 80 lots, we have designed 75. Once again, the frontage of some of the lots is lacking but they all meet the minimum square footage requirements adequately. 3. Why will a literal interpretation o£ the provisions of this ordinance deprive you of r ghts commonly enjoyed by other properties in the samo district under the terms of this ord f Hance'? The land is maximized by 75 lots. Allowing this variance will not have any affect ont the density of the project. Allowing this variance will not entitle anyone to gain financially, except offsetting 'the city's expense for the hook ups of the water and sewer system. 4. What special cor~clitions or circumstances exist that were nor a result of your actions? The dimensions and topography dfi-~:the land dictated the design of the roadway and sewer System:.-.-This dictated the design of the lots and there frontal dimensioning.. 5. Why will the grantiri9 of this Variance riot 4anfer on you any special privilege that is denied by this ordinance to other lands, structures, or building in the same district? The land is maximized with 75 lots. Allowing this variance will not have any affect on the density of the project. Allowing this variance will not entitle anyone to gain financially, except offsetting the city's expense for the hook ups of the water and sewer system. Legal Description (Haven Cove No. 5) Commencing at the North Quarter corner of Section 11, T. 3N., R. 1W., Boise Meridian, Ada County, Idaho, thence S. 00 09'49" W. 1315.73 feet to a point marked by a 2" galvanized iron pipe which also bears N. 00 10'30" E. 1315.66 feet from the Northwest corner of said Section 11, said point also. being the POIN.~OF-BHGIl~Il~TING; thence N. 89 20'00" W. 662.34 feet to a point, thence S. 00 07'54" W. 1318.80 feet to a point, thence S. 89 36'15" E. 661.32 feet to a point, thence N. 00 10' 30" E. 1315.66 feet. to the POIl~1~(lF ~, containing 20.0129 acres, more or less.. ~~ r , Haven Cove No.5 Radial Mailing List - 1. Eddy, John and Betty 2630 W. Pine Meridian, Td. 83642 2. Schlekeway, Aloys and Patricia 2090 W. Pine Ave. Meridian, Id. 83642 3. Larsen, Ronald and Judith 2735 W. Pine Meridian, Id. 83642 4. Arnold, Linda 1480 Hartman #201 Boise, Id. 83704-8862 Property Address: 00000 W. Pine 5. Deppler, William and Lucille c/o Thomas and Barbara Geile 2150 W. Pine Meridian, Id. 83642 ' 6. S.I. Development Inc. 3350 Americana Terrace Ste.100 Boise, Id. 83706 i8 ~ ~ ~g 3 8 . ~ x 8 j=~ . : 8' 3' o:o•sos 8 $so$soso " ~ ono:=~~- k ~ 'O O ' . 8 l- 8 .. .<. ' O 1 ~ 8 O ~. 7 q..-..--a.~aarl~ta~:as~ ------+. i y..m--4•--•a:~atr.:::<a~x---- O X ~' 0 = ~~oe~ 0 R 8 R s R ~ ~ j $ $ ae•r = $ • • = O O O ~ ee w se a ~ $ . I w•w w•a 8' g ... R ,~. ~ ,., .., .., 8 r$ _ O . R O : ~ ~ • R~ 00 ; ~ $ 0tgg•. 8 , _~ ~ ~ ~ ~ 0 0 0 . ~ R' R h a ' ~ ,,.--8}-ae~*wr1~F.aias:••-•-aa3&•,:T:«-sa-a---4---rn---~-''~- R 8 ~~ O -•A~., O :R. ~ ~ •~~~ °°•, ra•O i is ~ . ' ~~ 8 s . m a ~ yta,.',. ~, ~ - !Qi .ot ~ ~ r .oa. o..o . O _ 0 ~ < - 8 ~ .^O3 ® ~ ~ 0 ^0: O 7 8 R 9 08 O • 8 " O 0 • ~ 8 ~ , 8 + , :8 :8:8 o. 8 •• ! Z • ' " ~ sic=pasi=~~tsiaa47'saaa3~i-cti8i11Re::~iai4cAa~vltitiab~iissiia3:: '~ a aat~saa ' ' ' ' ' ' sd gpkEiaai;,;cs: s R:i~: zax~i sa§ispi:R:ia sazbxzi:aii'saaa= i'z eiA3'aB~RR zas :s s_zsx 8 S 2St8~ 8SS B S X~i fi " i~ .., ~ _ _ ° ^.„ R :R:A~~ := : tA ~ .: =2aR8Z378RwFlw4 8.^^n»» ERf:.»Ae.t~..~ ~ w.»». .. . ' "t-8888„"aRSR88:RR-:8:88:8:a3:8S888R:R-R7R888A7;.a881R-a:88«8R3~R88a3SE::,;.:,2Ra 9 ' ^: ' 9 449 „ „ RRR R:RS:: Ati-8 :73:::474Y9':2:8aAa94::aa8Ra:8888443aS:::4R:"83 _:'9 a's~:: ~n 88az8:7Ya7:7a:8S:att:x$$B:R=SfizRti7R8tt8iR&R7Zfl8R838SS:8lM1Af1;,8:86S:R-a"88 R~R.3: ~3___.___ :S9:fSB=1C_'RRA.n:•33'a«»:tttt _. _98::tt9_389~988it3.aRA___9R3„ R ...8'S-. e. . ~.::s:R:x -x :s;. aaasaasa~s;a: ess :a- _ 77::l3 :sss~ axa: easRa.~s; R :RA^'ARR R:a:saa3A4::^.:.AA_......"_AS::B::nAxtt88~'.Aa7i8944iAAA848:"x3:,za3.-.g 5888888888888888.8888888888888888888888-88888E:888888EE88888888888888E888 t 888 . . ~ac3988889888888.499888888-399888888999:888888:8888-198888883_-'8'8S887AIC8'82'8`8'8 y 353•.YeRB•.".~••T.eSlAili:ll,•$:BeSlw~98311~x,•8SI•a•SfR:81tAL~QS2t:•a~31x8E~•.47~A34•R Ee$~OaRRR R':~I'R;,~.~R j ~R S:i 7: Si•! RRRSL:~iC11ttffia2839331ElIfR:t~38 :2tCi i l l SY ' : . t a3 : t :Sl iC.a8 x! 3itR $ 7:R.i 8 7:S8R_„.aRB,.aa.tt.:a7:x:;,8t8:87:8i;,ti:AZ::8~:68888!'Si:1CR9:$8$3R'_'R'8!'^.B~RZ~i-t'8 ~.""•"°"••s:=:_33.338:aA«RRBRRRAaa:RRFRRl:7774'!:!lR:aa6R8~a8'S:aa.S$ 8 £ "~~'C. :~ +~+~ '7:::88888R8A88888888888888885 388881 SaA88AC88a:8o8ttR.R3 88 t8~« !88 F8«SRRNt^•9:'AR8~Z83i888887ti7ti7i8888A38R88Y7888887~5?888129R.B9a2?::8888. R".':.°::C.N Y°:: :„68888„81« iiiiti~~«88888888868888888::•SR44:i's»".RA88Y8S478 R :: 8 R1Ra8283R,3fi33q,111R11fifixRRR68 _93RRR'R8ax71aA.aAB»:::58814848 R'i R R oARfiRaRR ~88ittit8888i88t=888888LOtilZ=188888'88118!tiitf8~E8it88888888t81A:8ii78888i888t~Y't ww ::a:www•ww:ewww.w:ezse:wwwwwwww.:ts^t:w:w:.:w..www:.:.aw::s::Y.:::.aaw::;i~w:4!':'w - ~ Y"""'O'"•"3"^"'•^•"••R:ttR»RRfRRR:ttaxRRRRRt:7'?:8t:!l8:aa:R8.8xs:a:s'88:ss~"~:..'. x ,.,,:Y'; ' Y , .. - ~E -. ~:., .: ~~ :?~'~~ r. ;``, ~µ • v ,~ ~n~i~ a~a a,~~ nsl. _ _ _ ~ 'j` ven ~I i I / OQ b~ I I do O-6LL ! ~~ ~,~. i I ~ ~,~ ~ ~ AU TAN IN ~ M r • h t l evil , :~ tk~ ~2t .. ~•~ i. t I~ ~ ' t i ~ ~ ~~• j r~' i~ ;: i ~ '--, l.L • t :' 3no~ n3n~ I~ ~ i, ' II .L I ~--~. ~. .;- • :~ • t ~ •r . := y t e - ~r , ~~~®~z~ ~ a~n - 06.b•~ ~--~ noisin~asns isbns nn s r----,~ 1 i "8ns ~~toobs~tYNf15 ~7 ; ~`G. Y~~ •»3a3~ r ~`~ '-` - ..yy/. a ; ` ~ I ~ ~ a o `~N I~ r - _- F ~• r *~ 4 .. I 'rlr ' cA~~ • li~ ~ QR• - • - ~~ ,.. - 1 • I UI . AM L~ ~ ~ ~+ SIT . ~ w 4 t • N 4 ~ 1 N V I~ N , P = : ~ ~. ~V 4 O • I N p p V N N a ~ m ~ o ~• c 'I ~ i I b T N ~ ' o _ • ~ o .. N 1 N f •• ti u' V' O U ~ M V . Ib 4 r~ \ J U ~. ~ V ~ Yy 9 % 1 : ~' ! yy I ~_ ••I b 0 ~ i U I I N P NIA IN 1~n 1 N ~ + o • N n~ ~ ~ +p O V p N • Y+ N n ~~ l a _ A N • 4 I N ~ ~~ V A N - ~ ~ • of - i . I . ~ ~ sin ibes N MON4C0 W4• r -~~ ~1 n , rt f i~-~ ~\~ Y m fir ~ ~/^ / Yr I i. If i r •I~. l._ I I < , 1 •~7~ • • YM C41RNi~ CCJJ~' ( ' ~(...~ -' ,;~`~ ' Id, „I 1. n 4 a • z I I r=--F--, I _, ' I I ~i~N\ ~j '.ITT`-~- ~IITr.' IJ`~ p ~ I OdI~ OL4~I I'~ I "~5,"n ~sl• O I ~ •dC 1 ~• = R . ~ . G ' ~ IQ I i ~ 1 .Q~1 wra. , I •/ III W ~~....+N - - ---- - ~~' u.l. 0995 _ ...~~;-"r`- ~;1 _. '~ „~, - HAVEN COVE No. H SUBDIVISION RESTRICTIVE COVENANTS The undersigned, being the owners of the property hereinafter described, do hereby adopt the following protective covenants in their entirety to apply to real property to be subdivided and contained in a subdivision to be known as HAVEN COVE No. ~{ Subdivision, a portion of the N 1/2, of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho. The said HAVEN COVE N0. 4 Subdivision is divided into single family residential lots in compliance with the local and state regulations and laws. The following covenants shall run with the land and be in force and effect as outlined below unless or until terminated by agreement of the owners of seventy-five percent (75~? of the land in the subdivision and after all lots therein have been sold by S. I. Development Inc., hereinafter called "Developer". Modification or termination of these covenants can only be made with the consent of the Developer while any lots in this subdivision remain in the ownership of the Developer, and are as follows: (1) No building, fence, wall, structure, improvement or obstruction shall be placed or permitted to remain upon any part of said property unless a written request for approval thereof containing the plans and specifications therefore, including exterior color scheme, has been approved in writing by the Architectural Committee.. The approval of the Committee shall not be unreasonably withheld if the said plans and specifications are for improvements which are similar in general design and quality, and generally in harmony with the dwellings then located on said property. (2) Variances in building set-back requirements shown on plat may be given by the Architectural committee upon proper showings and so long as the Meridian City ordinances on set-backs are met. (3} The ground floor area of the one-story house in this subdivision shall not be less that 1300 square feet on the ground floor excluding covered porch areas, breezeways, garages or patios. Two-story and tri-level homes shall have not less than 1400 square feet, exclusive of the covered porches, entrances, garages or patios. One-level homes with basements shall have a minimum of 2400 square feet with the ground level having a minimum of 1200 square feet, also excluding covered pi~rch areas, breezeways, garages or patios. " ~ ~ (4) The value of each constructed residence shall equal or exceed $84,000 based on Jan, 1993 values. (5) The design of each house in this subdivision shall endeavor to include aesthetic qualities such as brick, redwood, cedar, stucco, or stone facings on the front exposure. Bay windows, roofs of at least 4 in 12 pitch, broken roof lines, gables, hip roofs, etc. Exterior colors of earth tones or grays shall be encouraged. Bright or bold colors, or very dark colors shall be discouraged. (6) Na gravel roofs, split entry homes, or moving of pre- built homes into subdivision. (7) All lots shall be provided with a driveway containing a minimum square footage such that two off-street automobile parking spaces are provided within the boundaries of each lot. (8} All such parking area requirements shall be exclusive of a required attached and enclosed two car garage area which will hold no less than two cars and no more than three. (9) For the purpose of the covenants, eaves, steps, and open porches shall not be considered as part of a building, provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot. No building shall be in excess of two stories above natural ground level. (10) Fences shall not extend r.loser to any street than twenty feet (20), with the exception of those lots backing Cherry Lane, nor higher than six (6) feet without express approval of the Architectural Committee and the Meridian City Council, and shall be of good quality and workmanship and shall be properly finished and maintained. The location of fences, hedges, high plantings, obstructions or barriers shall be so situated as not to unreasonably interfere with the enjoyment and use of neighboring properties and streets and shall not be allowed to constitute an undesirable or noxious or nuisance use. The determination of the Architectural Committee shall be binding on all parties as to whether an undesirable, noxious or nuisance use exists. (11) No Duplex or multi-family building shall be located within the boundaries of this subdivision except for a Planned Unit Development of 2 Acres or larger as approved by the Meridian City Council. (12) Construction of any residences on the subdivision shall be diligently pursued after commencement thereof, to be completed within eight (8) months. n '~ 3 (13) Landscaping of front yard is to be within 30 days of substantial completion of home, or within 30 days of occupancy, to include but not be limited to sod in front yard, one flowering tree of at lease 1 1/2" caliper, three (3) five gallon plants and five (1) one gallon shrubs. In the event of undue hardship due to weather conditions, this provision may be extended for a reasonable length of time upon written approval. of the Architectural Committee. Grass will be planted in the back yard within one year of occupancy. (14} Each home is to have a Photo-Sensitive yard or house light installed such that the front yard area between the house and the front property line is illuminated. The light is to be designed to automatically switch on at sunset and off at sunrise with a minimum bulb power of 60 watts. (15) No building shall be moved onto the premises. (16) No shack, tent, trailer house, or basement only, shall be used within the subdivision for living quarters, permanent or temporary. (17) Nothing of an offensive, dangerous, odorous, or noisy kind shall be conducted or carried on nor shall anything be done or permitted in said subdivision which may be or become an annoyance or nuisance to the other property owners in said subdivision. Weeds shall be kept cut to less than four (4) inches. {18) Keeping or raising of farm animals or poultry shall be prohibited. All dogs and cats or household pets kept on these premises shall be properly fed and cared for and shall be adequately fenced so as not to annoy or trespass upon the use of the property of others. 4 Any other requests by lot purchasers must be approved by the Architectural Committee. Dogs shall not be allowed to run at large. (19) No business shall be conducted on the above property unless legally permitted under the existing and prevailing zone restrictions. If permitted, no business or commercial use shall be allowed that cannot be conducted within the residence of the owner. No signs shall be installed to advertise said business. No oil exploration or development of any nature or kind or mining exploration, development or structure shall be permitted upon the lots in this subdivision. (20) Only one (1) outbuilding per lot will be allowed. All outbuildings shall be constructed of good quality building material, completely finished and painted on the outside and shall be of good quality and character that will be in harmony with the other buildings on said property and must be approved by the Architectural Committee. (21) No building or structure shall be placed on said property so as to obstruct the windows or light of any adjoining property owner in said subdivision. (22) Additional easements: In addition to any easements shown on the recorded plat, an additional (5) foot easement may be reserved five (5) feet on any side of all other easement lines, if necessary, for the installation and maintenance of utilities, irrigation and drainage. (a) Within these easements no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of the utilities, or which may change the direction or flow of water through drainage channels in the easements. (b) 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 whichh a public authority or utility is responsible. (23) This subdivision is within the Nampa-Meridian Irrigation District and subject to any and all assessments of said district. The developer has made provisions that provide for future delivery of irrigation water to the individual lots. The actual operation and maintenanced expense of said system, if constructed, is the obligation of the lot owners, and/or HAVEN COVE HOMEOWNERS ASSOCIATION, INC.at their option, and nut the developer. 5 (24) 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 wet line sewer connection lines. (25} No sign of any kind shall be displayed to public view on any building or building site on said property except a professional sign of not more than five (5) square feet advertising the property for sale or rent, or signs used by the developer to advertise the property during construction and sales period. If a property is sold or rented, any sign relating thereto shall be removed immediately, except that the Declarant or its agent may post a "sold" sign for a reasonable period following the sale. (26} No lot or building site included within this subdivision shall be used or maintained as a dumping ground for waste material. Incinerators are not permitted. Receptacles for storage of trash, garbage, etc., shall be maintained in a sanitary and clean condition. (27) Parking of recreational vehicles, boats, trailers, motorcycles, trucks, truck-campers 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, or other approved enclosure, and no portion of same may project beyond the enclosed area. Parking of automobiles or other vehicles on any part of the property or on public ways adjacent thereto shall be prohibited except within garages, carports, or other approved areas. The Architectural Committee shall be the sole and exclusive judges of approved areas. Their decision is final and binding. (28) No machinery, building equipment or material shall be stored upon site until the Grantee is ready and able to commence the construction with respect to such building materials which then shall be placed within the property line of such building site upon which the structure is to be erected. (29) Installation of radio and/or television antennae or satellite dishes is prohibited outside any building without written consent from the Architectural Committee, which would require them to be screened from street view. /`~ '~° 6 (30) These covenants shall run with the land and shall be binding on all persons owning under them for a period of thirty (30) years from the date of this recording thereof, after which time such covenants shall be automatically extended for successive periods of ten (10) years, unlr:ss at any time after the initial recording of this instrument, an instrument signed by the owners of 75~ of the land of this subdivision has been recorded agreeing to change or terminate said covenants in whole or part and after all lots therein have been sold by the Developer. Modification or termination of these covenants can only be made with the consent of the Developer so long as any lots in this subdivision remain in Developer's ownership. (31) Enforr_ement against any person or persons violating or attempting to violate any covenant herein after .ten (10) days notice thereof in writing served on the offending party, shall be had by any property owners within said subdivision eit}ler at law or equity. In the event of judgement against any person for such the Court may award injunction against any person for such violation, require such compliance as the Court deems necessary, award such damages, reasonable counsel fees acid Court costs as may be suffered or incurred, and such other or further relief as may be deemed just and equitable. (32) Any Owner, or the owner of any recorded mortgage upon any part of said property, shall have the right to enforce, by proceeding at iaw or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now hereafter imposed by the provisions of the Declaration. Failure by any owner to enforce any covenant or restriction herein contained shall in no event be deemed as a waiver of the right to do so thereafter. {33) A committ~:e of three persons shall act as an architectural design committee and shall, prior to any new construction in said subdivision, be furnished with one set of detailed plans and specifications of any proposed building to be located in said subdivision and shall be allowed ten (10) days to review said plans, drawings, and specifications. If said committee shall approve of the proposed building, or modification or alteration thereof, they shall so indicate by the dating and signing of the set of plans by a member of the committee, and their approval shall be construed as full compliance with the provisions of Paragraph One (1) of the original covenants. Said committee shall have sole discretion to determine what shall be substantial compliance without prior consent of said committee. 7 The committee shall consist of the following: A Leon Blaser 3875 Twilight Dr. Boise, Id 83703 Bruce Blaser 4378 Kitsap Dr. Boise, Id 83703 Lee R. Stucker 2695 W. Cherry Lane Meridiam Id 83642 After the developer has sold all the lots in this subdivision, the Architectural Review Committee shall be turned over to the residents of the subdivision and not before. Amending these covenants shall not affect this provision. A majority of said committee is empowered to act for the committee. In the event any member of the committee is unable to act or fails or desires not to act, the remaining committee members shall appoint an owner of a lot in said subdivision to serve on said committee, all of whom serve without compensation. (34) Damage to Improvements: It shall be the responsibility of the builder of any residence in this subdivision to leave street, curbs, sidewalks, fences, and tiled irrigation lines if any, and utility facilities free of damage and in good and sound condition at the conclusion of the construction period. Fine grading on each individual lot shall be required to conform to the master drainage plan of tYie subdivision. It shall be conclusively presumed that all such improvements are in good, sound condition at the time building is begun on each lot unless the contrary is shown in writing at the date of conveyance or by date of possession, whichever date shall first occur, which notice addressed to a member of the Architectural Committee. (35) Invalidation of one of these covenants shall in no way affect any of the other provisions which shall remain in full force and effect. HOME OWNERS ASSOCIATION (36) Membership: Every person or entity who is a record owner (including contract sellers) of a fee or undivided fee interest in any lot located within said property shall by virtue of such ownership, be a member of the Association. When more than one person holds such interest in any occupied lot, all such persons shall be members. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any such Iot subject to assessment by the Association. 8 Such ownership of any such lot shall be the sole qualification for becoming a member, and shall automatically commence upon a person becoming such owner, and shall automatically terminate and lapse when such ownership in said property shall terminate or be transferred. The Association shall maintain a member list and may require written proof of any member's lot ownership interest. As additional phases of HAVEN COVE SUBDIVISION are formed and brought to completion, the new phase will automatically be integrated througYi annexation into the Association, with all restrictions and privileges applied. The financial reports, books and records of the Association may be examined, at reasonable times, by any member or mortgagee. 9 (37) Voting Rights: Each member shall be entitled to cast one vote or fractional vote as set forth herein for each lot in which he holds the interest required for membership. Only one vote shall be cast witYt respect to each lot. The vote applicable to any lot being sold under a contract of sale shall be exerr_ised by the contract vendor unless the contract expressly provides otherwise and the Association has been notified, in writing, of such provision. Voting by proxy shall be permitted. (38) Officers and Directors: At an annual meeting called pursuant to notice as herein provided for establishment of annual assessments, a Board of Directors of the Association shall be elected by ballot of those attending said meeting and voting by proxy, provided that the total of all votes cast shall represent a quorum as hereinafter provided. There shall be three directors elected to serve for a period of three years. Election shall be by popular vote, the nominees receiving the three highest vote totals shall be deemed elected. Each member shall be entitled to vote far three nominees per membership. In the event any director shall.. be unable to complete the term for which elected, the remaining directors are empowered to appoint a substitute to serve aut the unexpired term. (39) The Association shall operate, control and maintain any common areas. The Association shall have the right to dedicate or transfer all or any part of the common areas to any public entity, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such condition to transfer shall be effective unless authorized by members entitled to cast two-thirds (2/3} of the majority of the votes at a special or general member's meeting and an instrument signed by the Chairman and Secretary has been recorded in the appropriate county deed records, agreeing to such dedication or transfer, and unless written notice of proposed action is sent to every member not less than fifteen days (15) nor more than thirty (30} days prior to such dedication or transfer; and the Association shall have the right to suspend any voting rights .for any period during which any assessment against said member's property remains unpaid; and for a period not exceeding thirty (30) days for each infraction of its published rules and regulations. ~ ~ 10 (40) Each owner of any Lot by ratification of these covenants or by acceptance of a deed or contract of purchase therefore, whether or not it shall be so expressed in any such deed or other conveyance or agreement for conveyance, is deeded to covenant and agree to pay to the Association (1) regular annual or other regular periradic assessments or charges. (2) special assessments for capital improvements, such assessments to be fixed, established, and collected from time to time as hereinafter provided. The regular and special assessments, together with such interest thereon and cost of collection thereof, as hereinafter provided shall be a charge on the land and shall be a continuing lien upon the property against which such assessment is made. Each such assessment, together with such interest, costs and reasonable attorney's fees, shall also be the personal obligation; of the person who was the owner of such property at the time sur_h assessment was levied. The obligation shall remain a lien on the property until paid of foreclosed, but shall not be a personal obligation of successors in title unless expressly assumed. The assessments levied by the Association shall not be used for any purpose other than the improvement and maintenance of any area designated as a Common Area. Subject to the above provision, the Association Directorsa shall determine the use of assessment proceeds. In addition to the regular assessments authorized above, the Association may levy in any assessment year, a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a capital improvement, provided the assent of a two-thirds (2/3) majority of the complete votes represented by those members who are voting in person or by proxy at the meeting duly called for this purpose is obtained, written notice of which shall be sent to all rnernbers not Less than fifteen (15) days nor more than thirty (30) days in advance of the meeting setting for ;.h the purpose of. the meeting. Both regular assessments and any special assessment. must be fixed at a uniform rate for. all occupied lots and may be collected on an annual, quarterly, or. monthly basis in the discretion of the Directors. (41) At the first meeting called, the presence at the meeting of members or of proxies to cast sixty percent (60°~) of alI votes of the members shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirements. No subsequent meeting shall be geld more than sixty (60) days following the date of the meeting at whictr no quorum was forthcoming. ~ ~ 11 (42) FEES All lots shall be subject to an initial set up fee of $100. In addition the annual assessment as provided for herein is $20. The annual assessment is due on the first day of a new year. The Board of Directors shall fix the amount of the regular assessment at least thirty (30) days in advance of_ each assessment period. Written notice of the assessment dates shall. be established by the Board of Directors. The Association shall, upon demand at. any reasonable time, furnish a certifir_ate in writing signed by an officer of the Association setting forth whether the assessments on a particular lot have been paid. A reasonable charge may be made by the Board for the issuance of these r_ertificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. (43) Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of eighteen percent (185) per annum. The Secretary of the said Association shall file in the office of the County Recorder, Ada County, Idaho, a lien reflecting the amount of any such charges or assessments, together with interest, as aforesaid, which have become delinquent with respect to any Lot on said property, and uporr payment in full thereof, shall execute and file a proper release of the lien releasing the same. The aggregate amount of such assessments, together with interest, costs and expenses and a reasonable attorney's fee for the filing and enforcement thereof, shall constitute a lien on the whole lot (including any improvement located thereon), witYi respect to which it is filed from the, date the lien is filed in the office of the said County Recorder for Ada County, Idaho, until the carne has been paid or released as herein provided. Such lien may be enforced by said Association in the manner provided by law with respect to liens upon real property. The owner of said property at the time said assessment is levied shall be personally liable for the expenses, costs and disbursements, including attorney's fees of the Declarant or of the Association, as the case may be, of processing and if necessary, enforcing such liens, all of which expense, casts and disbursements and attorney's fees shall be secured by said lien, including all aforernentioned expenses, costs, disbursements and fees on appeal, and such owner at the time such assessment is levied shall also be liable for any deficiency remaining unpaid after any foreclosure sale. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of Common Areas of abandonment of his lot. 12 (44) The sale or transfer of any lot or any other part of said property shall not affect the assessment lien. No sale or transfer shall relieve such lot from liability fur any assessments thereafter becoming due or from the liening thereof. (45) The following property subject to this Declaration shall be exempt from the assessments created herein: (a) all properties expressly dedicated to and accepted by a local public authority; (b) any other properties owned by the Association. (46) The Association shall prepare an annual budget which shall indicate anticipated management, operating, maintenance, repair and other common expenses for the Association's next fiscal year and which shall be sufficient to pay all estimated expenses and outlays of the Association for the next calendar year growing out of or in connection with the maintenance and operation of common areas and improvements and may include, among other things, the cost of maintenance, management, special assessments, fire, casualty and public liability insurance, common lighting, landscaping, and care of grounds, repairs, renovations, and paintings to commc,n areas, snow removal, wages, water criarges, legal and accounting fees, management, fees expenses and liabilities incurred by tY'ie Association form a previous period, and the creation of any reasonable contingency or other reserve fund, as well as all costs and expenses relating to the common area and improvements. (47) The Association shall be responsible for the repairs, upkeep and maintenance, normal servicing, gardening, rules and regulations for use, care, and safety, annual planting of flowers (if any), payment of bills and related expenses for any Common Areas. The Directors shall become the Architectural Committee a: provided in Para 33 u on the s of the last lot in any future phases of Chateau Meadows ast Subdivisio t48) The Board of Directors are encpowered to obtain appropriate liability, casualty, fire or errors or omissions or other insurance to properly protect the actions of the Association or facilities maintained, owned or controlled by the Association as a cost to the Association. (49) Invalidation of one of these Covenants sr-all in no way affect any of the other provisions whichh shall remain in full force and effect. STATE OF IDAHO ) ) 5S COUNTY OF ADA ) ~, 1 a A. Leon Blaser, President On this ~_th day of ,~~, 1,99°, before me, a notary public in and for said St te, personally appeared A. Leon Blaser, known to me to be the Pr sident of S. I. Development Inc, whose name is subscribed to the foregoing instrument, and acknowledged to me that he execute the ~same.~ Residing at: ~~C} Commission Expires: Rescov MERIDIAN CITY COUNCIL MEETING: June 7.1994 APPLICANT: S.I. DEVELOPMENT AND DAVID AGENDA ITEM NUMBER: 1 COLLINS REQUEST: FINAL PLAT FOR HAVEN COVE N0.4 WITH RESTRICTNE COVENANTS AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTAHCED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: ~ ~ HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS. Cily 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 WAVNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887ji813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMOIy.ANDUM To: Mayor & City Council From: Gary D. Smith, PE COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman -Planning 8 Zoning Date: Apri128, 1994 RE: HAVEN COVE NO. 4 SUBDIVISION (Final Plat) I have reviewed this submittal and offer the following comments for your information and or use as conditions of the applicant during the hearing process: 1. The plat generally conforms to the previously approved preliminary plat. 2. A roadway access is required into Dr. Coe Parker's property via extension of N. Clara Ave. 3. An adequate easement width (more than 5 feet) is needed for the irrigation pipe(s) to be placed between Lots 14/15 -Block 6 and Lots 33/34 -Block 1 1. 4. Submit Ada County Street Name Committee approval of "N. Clara Ave.". The street name "W. Camelia St." needs to be shown as "W. Santa Clara Drive", an extension of the No. 2 plat. 5. The lot and block numbering for what is shown as Block 11 will need to be modified when the access street to Dr. Parker's property is drawn. 6. Haven Cove No. 3 Subdivision, shown as an adjacent platted subdivision, is not recorded at this time. 7. Can the scale of this plat be reduced to 1 " = 100' so that only two sheets are required? It appears the plat will all fit onto one sheet. 8. The Certification Sheet needs to be submitted for review. 9. Show the line of separation between plat No. 2 and No. 3. 10. A double irrigation -drainage pipe is shown in the development plans from approximately Lot 33/34 -Block 1 West to Lot 33/34 -Block 11. I don't think a 10 foot wide easement is adequate for 1-18" diameter + 1-15" diameter pipe + US West telephone cable + CATV cable especially in light of the recent request by US West for a ten foot wide rear lot line easement. 11. Show separation line from Haven Cove No. 2 to Haven Cove No. 3 at the northeast corner on Sheet 1 and the northwest corner on Sheet 2. When the plat is reduced to one sheet this sepa, anon line s,~all also be shown. 12. The 20 foot wide sanitary sewer easement shown on Lot 27 -Block 1 is to be a 20 foot wide common area lot with an underlying 20 foot wide sanitary sewer easement. 13. Identify what the "land corners" are with tie lines projecting from the "Initial Point" on Sheet 2. 14. Add a note stating "The bottom elevation of house footings shall be set a minimum of 12 inches above the highest known seasonal groundwater elevations. (Note: It is incumbent upon this applicant to make a determination, by a soil scientist or monitoring holes, what the elevation of the highest groundwater is and this information shall be given to all builders.) n HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney /'\ A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM T0: Mayor and Counci~ ~al~ /l FROM: Shari L. Sti es, Planning & stoning Administrator DATE: April 28, 1994 SUBJECT: Final Plat - Haven Cove No. 4 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman ~ Planning & Zoning The preliminary plat was approved for 191 building lots and had two ponds, one with an irrigation pump, shown as lots. It now appears there are a total of 194 building lots included in Haven Cove Nos. 1-4. Lot 27, Block 1, needs to be 8,000 s. f. exclusive of the sanitary sewer easement. Sanitary sewer easement needs to be deeded to the City as a separate lot. No fence or other structure can be placed within this area. This subdivision does not appear to be of the magnitude that the drawing cannot be placed on a single sheet. Scale should be adjusted to 1"=100'. There is still only one way in and out of the Haven Cove development. P&Z originally approved of the preliminary plat with the condition that, after 100 lots were developed; a second street to Cherry Lane be provided. The one stub street shown to the south will not access anything until Tom Eddy's property is developed. A stub street has been removed which was originally shown on the boundary line between Tom Eddy's and Coe Parker's properties. Dr. Parker testified at the public hearings and sent numerous letters to see that this was accomplished. Ada County Highway District assured Dr. Parker this would be done. Ada County Highway District may have allowed this access to be deleted in error. The plat shall have the individual lots marked showing the minimum size house that can be constructed thereon, and no plat shall be recorded without such indication clearly shown thereon (Zoning Ordinance, Section 2-411. E). The final plat application did not indicate a minimum square footage for structures. A minimum house size could be included in the notes in lieu of a designation on each lot. Any irrigation or drainage ditches on this property will have to be tiled to the satisfaction of downstream water users and the irrigation district, if applicable, and evidence submitted to the City that this has been done. ~"~ Memorandum to Mayor and Council Final Plat - Haven Cove No. 4 Page 2 Developer has indicated covenants have been submitted; however, the covenants have been submitted for each phase and titled "Haven Cove No. 1, Haven Cove No. 2," etc. Please submit covenants specific to Haven Cove No. 4. As I believe streetlights are being provided, the requirement for lights with photo-sensitive cells may not be wanted or necessary on each lot. Values of constructed residences should be updated for present-day value as represented by the developer. If plat is to remain as submitted, I recommend it be rejected and go back through P&Z. If the plat is revised to address all items noted above, I recommend the plat be approved subject to these and other staff and agency comments being met. ' HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live WILLIAMG.BERG,JR..CilyClerk JANICE L. GASS, City Treasurer CITY OF MERIDIAN GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works SuDt• 33 EAST IDAHO JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 W.L. "BILL" GORDON, Police Chief phone 208 888433 • FAX (208) 887813 ( ) WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Cha~irJman • Planning 8 Zoning ~E~~~ 9 ~~ APR 2 5 1994 TRAl`~SIVIY'~"1'AI. TO AGENCIES FOR COMMENTS OPn I~~:`~~:.0I~~1~1T"~'ROJECTS WITH THE CITY OF MERH)IAN To insure that your comments and recommendations will be considered by the Meridian City Council, may we have your answer by: Aprii 26 TRANSMITTAL DATE: 4/19/94 HEARING DATE: 513/94 REQUEST: Final Plat for Haven Cove No. 4 BY: S I Development Inc and David Cailins _ LOCATION OF PROPERTY OR PROJECT: South of Haven Cove No. 3 JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORR1E, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY TY ENGINEER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8t FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPAMERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8t FINAL PLAT) U.S. WEST(PRELIM 8t FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8t FINAL PLAT) CITY FILES ,~ / ~ 5 ~ y OTHER: `7' YOUR CONCISE REMARKS: C~,'t/ y ~ 7 s CI CITY PLANNER ~'L~~~_~ ~- ~~ ~~~< <~-~- ~~'~ ~~J ~LcJ ~e /J ~ERINTENDENT OF SCHOOLS Bob L. Haley Boa ExcE<< DEP Dan Mabe, Finan e & Administration ~ DIRECTORS t y~ Sheryl Belknap, Elementary ~~['\~~~ Jim Carberry, Secondary 1 Christine Donnell, Personnel Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911 MERIDIAN STREET MERIDIAN, IDAH083642 PHONE(208)888-6701 /? Q ~~ April 25, 1994 R~C~~~E~ City of Meridian APR 2 8 1994 33 East Idaho C~ i ~' pv ~ ;~~' :.~. %~l~;,1 Meridian, Idaho 83642 Re: Haven Cove No. 4 Subdivision Dear Councilmen: I have reviewed the application for Haven Cove No. 4 Subdivision and find that it includes approximately 46 homes at the median value of $100,000. We also find that this subdivision is located in census tract 103.1 and in the attendance zone for Meridian Elementary, Meridian Middle School and Meridian High School. Using the above information we can predict that these homes, when completed, will house 16 elementary aged children, 13 middle school aged children, and 17 senior high aged students. At the present time Meridian Elementary is 110 is at capacity, Meridian Middle School is at 130 of capacity and Meridian High School is at 116 of capacity. The Meridian School District is not opposed to growth in our district, however this subdivision will cause increased over- crowding in all three schools. There is little opportunity to shift attendance boundaries since the surrounding schools are also well over capacity. Before we could support this subdivision, we would need land dedicated to the district or at least made available at a minimum price for a school site in this area. The site would need water and sewer service available. In addition we would need to pass another bond issue for the construction of schools. The cost per student for newly constructed schools, excluding site purchase price and offsite improvements, exceeds $5,000 per elementary student and $10,000 per middle or high school student. /'~ /'~ We are in a difficult position and need your help in dealing with the impact of growth on schools. Sincerely, Dan Mabe Deputy Superintendent DM:gr /~ ~ ... SUBDIV ~oION EVALUATION SHE ~~~=-~`k~'~~- M~1t 1 6 ~~~~ Proposed Development Name HAVEN COVE N0. 4 City M * ~~Z~}~j~ Date Reviewed 4/28/94 Preliminary Stage Final XXXXX Engineer/Developer Collins En r. S. I. Develo ment The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE. ~ti~u~~ ~~C vt PetC~c~ -~ i'lILr71Cr1r ~r c r _ Date The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The followin existin street names shall a ear on he lat as: "W. SANTA CLARA DRIVE" "N. STOCKER AVENUE" 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 i der for the street names to be officially approved. ADA COUNTY STREET NAME COMMITT E, A NCY R RE ENTATIVES OR DESIGNEES Ada County Engineer John Priester ~ {ti- Date Z~ l Ada Planning Assoc. Terri Raynor ~~T ti~--'~~-~L~-'~-- Date Meridian Fire District Representative Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index NUMBERING OF LOTS AND BLOCKS ~~'- ~/~--':_ ' ~~ ~/LNG `~~~ -1 'C rL`~~rA'~~j~~' ~~' ~f/z~i~~ /'~ CENTRAL •• DISTRICT HEALTH Retum to: DEPARTMENT ~,~~~ ''~`;,~ ^ BO~S@ ^ Eagle REVIEW SHEET ASR 2 9 ~~~~+ ^ Garcien City r ~ ~ Meridian Rezone # C;'~ ~" ~e~ ~~~~IL.,~~i°a ^ Kuna Conditional .,.~,~ !t' ^ ACz Prelimina /Final/ hort Plat /P/C~1 Ca~~ ~S v~,~id/Ji~~J *~T ^ 1. We have n0 objections to this proposal. ^ 2. We recommend denial of this proposal. ^ 3. Spec'rfic knowledge as to the exact type of use must be provided before we can comment on this proposal. ^ 4. We will require more data concerning soil conditions on this proposal before we can comment. ^ 5. Before we can comment concerning individual sewge disposal, we will require more data concerning the depth of ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can approve this proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet .~ 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 Heafth and 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 probelm. ^ 10. This department would recommend deferral until high seasonal ground water can be determined 'rf other considerations indicate approval. ^ 11. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. We will require plans be submitted for a plan reiew for any: ^ Food establishment ^ Swimming pools or spas ^ Beverage establishment ^ Grocery store ~, 13. ~O~G'tli~/if7r~~ /{a~~~t=~~~i/~r" Sl7~I No /~~'7.'--/?f~~ L~//1"/~7'z ~7URL/ ~ , DpCU~1 ~-N~~on1 I Shy 1 ~ c~ h~,•~ .s~:~ `rhi s ^ Child Care Center DATE: Z7~~ Reviewed by: ~~ CDHD 10-91 rcb /'1 HUB OF TRF.~~URE VA.~..t.E3' OFFICIALS A Good Race to Live COUNCIL MEMBERS RONALD R. TOLSMA WILLIAM G.BERG,JR.,CityClerk CITY OF I~fIERIDIAN MAXYERRINGTON JANICE L. GASS. City Treasurer ROBERT D. CORRIE GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. 33 EASJt' IDAHO SHARI STILES JOHN T. SHAWCROFT, Waste Water Supt. Planner & Zoning Administrator KENNY W. BOWERS, Fire Chief MERIDIANS IDAHO 83642 W.L. "BILL" GORDON, Police Chi JIM JOHNSON WAYNE G. CROOKSTON, JR.,AttC~~~~~ Phone (208) 888-4433 • FAX (208) 887-4813 _,L,~_ w~ J ~~~ ~ !~ hairman • Planning 8 Zoning Public Works/Building pepartment (208) 887-2211 ~ --/ MAY ~ 2 ~~~ cRArrr P_ Y.INGSFORD z ~ ~ ~ ~ d°'~~ > (QTY ~F i~gFRll}lAN hAA~SPA ~~ aA~~;CIAN ~~~,..=,aT~or~ ~~sT ; TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT ~~tOJECTS WITH THE CIlT1' OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, may we have your ~swer by: April 26 TRANSMITTAL DATE: 4/19/94 HEARING DATE: 5!3/94 REQUEST: Final Plat for Haven- Cove No. 4 BY: S 1 Development Inc and David Cot~~ns LOCATION OF PROPERTY OR PROJECT:. South of Haven Cove No. 3 JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR ~NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT BOB CORRIE, C!C IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT MORROW, C/C U.S. VL4EST(PRELIM & FINAL PLAT) MAX YERRINGTON, C/C INTERl4110UNTAIN GAS(PRELIM & FINAL PLAT) 1A/,c,TF_R nEDAR-r!!/'E!~!T EL~°'=,q<< OF P.Et.'_.RI~~4TIr>AI(or~.ELII~A .~1,' FoN?:L ;~~Tj SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONE REMARKS: All laterals and wasteways POLICE DEPARTMENT must be protected. Municipal surface drainage must CITY ATTORNEY be retained on site. If any surface drainage leaves CITY ENGINEER the site, pampa & Meridian Irrigation District must CITY PLANNER review drainage plans. It is recommended that irrigation water be made available to all developments within this District. Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. Contact Donna Moore at 343-1884 or 466-7861 for further information. . I ~. PODIATRIC MEDICINE FOOT SURGERY SPORTS MEDICINE Boise Podiatry Clinic, P.A. 1412 W. BANNOCK BOISE, IDAHO 83702 345-1868 April 25, 194 Me. r i di a n Gi t. y Garr nci 1 Meridian, Idaha L~3~4.2 Dear Sirs M.D. OLDEN, D.P.M. FELLOW AMERICAN COLLEGE FOOT SURGEONS DIPLOMATE AMERICAN BOARD OF PODITRIC SURGERY COE J. PARKER, D.P.M. ASSOCIATE AMERICAN COLLEGE FOOT SURGEONS It has came. t.a my attention that the Pre1._ml.na_ry,._P~I.~t.. approved far Naven Cave Subdi vision ha_s.,_been,_chancged i n the fi na1 p.Iat . The stubbed__,_,st_reet_,__,.has.___ ,C?e,.,en._,.._maved, thus el.imi nati ng access to my property. It. i s abvi aus a.I so to me that. pri ar to apprava~ of the fi na.I plat, that construction of streets and sewer are near camp.tetian wi thaut. a.t.I owl ng me ingress and egress. I attended the Planning and Toning and Gity Gounci.I Meeting and made. a presentation to avoid being LAtVD_~LQCk~EU_ I have a.iso been i n contact wi t.h the Ada County Highway Dist . regardi ng this mat.ter_ They a.tsa recommended a stub street at. mine and Tam Eddies boundary .into Haven Gave. I thought. that. this had been taken care af_ I REDDEST THE FINAL PLAT NQT BE APPRt)G~ED WITHGUT ALLnWING ME AGGESS. I am i nc.l udi ng capi es of car respondences shawl ng my effor t.s to prated. my property. Thanks far yocrr c ideration_ ,~ ~ ~~~ ~. Coe J. Parker, D.P.M. CJP/tmm cc: Gary Smi t.h, Gi t.y Engi veer Larry Sates, AGHD February 23, 1994 Ci ty of Meridian City Engineering Dept. Attn: Gary Smi tlr 33 E. Idaho Ave. Meridian, Idaho 83642 Dear Cary: I am enclosing a draft of a preliminary plat for development of nr}~ property prepared for me by the Engineering Firm of Don Hubble. This i s a follow up of the presen to ti on when 1 appeared before the City Council on February ISth regarding the application of annexation and zoning of approximately 6.7 acres by Micky Welker . Tir i s property i s adjacent to my property and I am regues ting that I !rave access to sewer and water through her property as shown in the drawing which I s enclosed. 1 have a piece of property a t 2930 W. Pine i n Meridian that wi ! 1 be 1 and 1 ocked i f I do not have access for ingress and egress, also through the Eddy property wl~iclr is to my East and through the Haven Cove subdivision which /ras been approved to my North. In the development of the property surrounding me, 1 would appreciate this consideration sv that 1 can development my property at an appropriate time. 1 have no present plans for development at this time. I would appreciate being kept appraised of t/re developments of these adjacent properties. Sincerely, ~~ Coe J. Parker, D.P.M. cc: Wayne Foreys William C. Berg, Jr. Grant Kingsford Ci ty P1 aner City CI erk City Mayor ~c~n~o JAMES E. BRUCE, President GLENN J. RHODES, Vice President SHERRY R. HUBER, Secretary Coe J. Parker, D.P.M. Boise Podiatry Clinic, F.A. 1412 W. Bannock Boise. ID 83702 Re: Haven Cove Subdivision Stub Street Dear Coe: n 9~z/q 3 I have reviewed the previous file information regarding Haven Cove Subdivision to determine if the locations of stub streets we have already requiredwill suit your purpose. I am hopeful that you will. be able to work with the situation as it stands. As part of the original approval of Haven Cove Subdivision, ACHD required a stub street out to the south boundary at a point. 1320 feet east of Ten Mile Road. This is apparently your east property line. Thus, the centerline of the street will be the property line between you and your neighbor to the east. This is our preferred location and if you and your neighbor can cooperatively extend this street, all parties will benefit. It is important for both of you to know that there will be only one street stubbed to the south to serve both of you. It will require your joint effort to subdivide your properties in the future, even if the stub location is moved to one side of the property line or the other. If, after further examination, you and your neighbor can recommend another location which will suit both your needs, we will consider your request to change the proposed location. Sinc ly, ~arry S le, Supervisor ACHD D velopment Services Division cc:Chron Haven Cove File David Collins, P.E. Wayne Forrey, AICP PARKER/LARRY ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 PODIATRIC MEDICINE FOOT SURGERY SPORTS MEDICINE ~ my 7, 1993 /'~ ~ h~cse Podiatry Clinic, P.A. 1412 W. BANNOCK BOISE, IDAHO 83702 345-1868 Wayne Forey City Clerk Meridian City Hall Meridian, Idaho 83642 Dear Wayne: M.D. OGDEN, D.P.M. FELLOW AMERICAN COLLEGE FOOT SURGEONS DIPLOMATE AMERICAN BOARD OF PODITRIC SURGERY COE J. PARKER, D.P.M. ASSOCIATE AMERICAN COLLEGE FOOT SURGEONS This is a follow up letter regarding my property at 2930 W. Pine Street in Meridian Idaho. Last Spring I wrote to Mayor Kingsford, the City Council and Jack Niemanns. The letter stated this; Dear Sirs: It has come to my attention that acreage bordering my land at 2930 W. Pine has received preliminary plat approval for residential development under the name of Haven Cove. This development lies adjacent to my Northern property boundary. While I am in support of this planned expansion, I would ask that you allow for an access from this development to my property boundary before you give them final approval. I may, in the future, be interested in making application to subdivide my acreage and the way Haven Cove is currently platted would preclude me from continuing this flow in to my property. I would ask that you allow for ingress/egress as well as access to sewer, water, and Meridian City services. I appreciate your time and consideration. Please contact me should you have any questions or should any action on the above mentioned development tie on the agenda. Sincerely, G~~-~_.. Cam` ~j' Coe J. Parker, D.P.M. CJP/tmm cc: Larry Sales 318 E. 37th Boise, Idaho 83714 /'~ January 6, 1992 Leon Blazer 3350 Americana Terr. Boise, Idaho 83706 Dear Leon: I have decided to defer -my plans for developing my property in Meridian to sometime in the future. However to make development possible I have written to Meridian City and the Council regarding the same. (letter inclosed). Maybe we can put something together later on. Thanks for the time you spent and for consideration of a development project with me. Sincerely, ~~-~ L/ Coe J. ar er, D.P.M. CJP/tmm /'1 ~ n ~~~ HAVEN COVE No. H SUBDIVISION RESTRICTIVE COVENANTS ~j ! r1 , ,--..~ ~, ,-7 ,~. The undersigned, being the owners of the property hereinafter described, do hereby adopt ttie following protective covenants in their entirety to apply to real property to be subdivided and contained in a subdivision to be known as HAVEN COVE No. 4 Subdivision, a portion of the N 1/2, of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho. The said HAVEN COVE N0. '! Subdivision is divided into single family residential lots in compliance with the local and state regulations and laws. The following covenants shall run with the land and be in force and effect as outlined below unless or until terminated by agreement of the owners of seventy-five percent (75°~) of the land in the subdivision and after all lots therein have been sold by S. I. Development Inc., hereinafter called "Developer". Modification or termination of these covenants can only be made with the consent of the Developer while any lots in this subdivision remain in the ownership of the Developer, and are as follows: (1) No building, fence, wall, structure, improvement or obstruction shall be placed or permitted to remain upon any part of said property unless a written request for approval thereof containing the plans and specifications therefore, including exterior color scheme, has been approved in writing by the. Architectural Committee.. The approval of the Committee shall not be unreasonably withheld if the said plans and specifications are for improvements which are similar in general design and quality, and generally in harmony with the dwellings then located on said property. (2) Variances in building set-back requirements shown on plat may be given by the Architectural committee upon proper .showings and so long as the Meridian City ordinances on set-backs ~ ~Ov are met . ) ~ /L (3) The ground floor area of the e-story house in this subdivision shall not be less that square feet on the ground floor excluding .covered porch areas, breezeways, garages or patios. Two-story and tri-level homes shall have not less than 1400 square feet, exclusive of the covered porches, entrances, garages or patios. One-level homes with basements shall have a minimum of 2400 square feet with the ground level having a minimum of 1200 square feet, also excluding covered porch areas, breezeways, garactes or patios. /'\ /'\ (4) The value of each constructed residence shall equal or exceed $84,_000 based on Jan, 1993 values. (5) The design of eac}i ho~~se in this subdivision sha11~Q endeavor to include aesthetic qualities such as brick, redwood, cedar, stucco, or stone lacings on the front exposure. Bad windows roofs of at least 4 in 12 pitch broken li , ~ga les, hip roo s, etc. Exterior colors of earth tones or grays s a _ he encourage Bright or bold colors, or very dark colors shall be discouraged. (6) No gravel roofs, split entry homes, or moving of pre- built homes into subdivision. ~w~, (7) All lots shall be provided with a driveway containing a minimum square footage such that two off-street automobile parking spaces are provided within the boundaries of each lot. (8) All such parking area requirements shall be exclusive of a required attached and enclosed two car garage area which Gozc~Q'L will hold no less than two cars and no more than three. ~ . --~~in v7,s~ (9) For the purpose of the covenants, eaves>, steps, and i„t ~~ open porches shall not be considered as part of a building, provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot. No building shall be ire excess of two stories above natural ground level. (10) Fences shall riot extend closer to any street than twenty feet (20), with the exception of those lots backing Cherry Lane, nor higher than six (6) feet without express approval of the Architectural Committee and the Meridian City Council, and shall be of good quality and workmanship and shall be properly finished and maintained., The location of fences, hedges, high plantings, obstructions or barriers shall be so situated as not to unreasonably interfere with the en7oYment and use of neighboring properties and streets and shall not be allowed to constitute an undesirable or noxious or nuisance use. The determination of the Architectural Committee shall be binding on all parties as to whether an undesirable, noxious or nuisance use exists. (11) No Duplex or multi-family building shall be located within the boundaries of this subdivision except for a Planned Unit Development of 2 Acres or larger as approved by the Meridian City Council. (12) Construction of any residences on the subdivision shall be diligently pursued after commencement thereof, to be completed within eight (8) months. /'~ /"1 3 (13) Landscaping of front yard is to be within 30 days of substantial completion of home, or within 30 days of occupancy, to include but not be limited to sod in front yard, one flowering tree of at lease 1 1/2" caliper, three (3) five gallon plants and five (1) one gallon shrubs. In the event of undue hardship due to weather conditions, this provision may be extended for a reasonable length of time upon written approval of the Architectural Committee. Grass will be planted in the back yard within one year of occupancy. (14) Each home is to have a Photo-Sensitive yard or house light installed such that the front yard area between the house and the front property line is illuminated. Ttre light is to be designed to~automatically switch on at sunset and off at sunrise with a minimum bulb power of 60 watts. (15) No building shall be moved onto the premises. (16) No shack, tent, trailer house, or basement only, shall be used within the subdivision for living quarters, permanent or temporary. (17) Nothing of an offensive, dangerous, odorous, or noisy kind shall be conducted or carried on nor ;hall anything be done or permitted in said subdivision which may be or become an annoyance or nuisance to the other property owners in said subdivision. Weedy shall be kept cut to less than four (4) inches. (18) Keeping or raising of farm animals or poultry shall be prohibited. All dogs and cats or household pets kept on these premises shall be properly fed and cared for and shall be adequately fenced so as not to annoy or trespass upon the use of the property of others. ct " y ` d2-- ~~~t~'~Y /'~ /'1 4 Any other requests by Iot purct--asers must be approved by the . Architectural Committee. Dogs shall not be allowed to run ,at ~~~ large . ~, (19) No business shall be conducted on the above pro~ty unless lt~g.~lly permitted under tl~e existing and prevailing zone restrictions. If permitted, no business or commercial use shall be allowed that cannot be conducted within the residence of the owner. No signs sriall be installed to advertise said business. No oil exploration or development of any nature or kind or mining exploration, development or structure shall be permitted upon the lots in this subdivision. (20) Only one (1} outbuilding per lot will be allowed. All outbuildings shall be constructed of good quality building material, completely finished and painted on the outside and shall be of good quality and character that will be in harmony with the other buildings on said property and must be approved by tl~e Architectural Committee. (21) No building or structure shall be placed on said property so as to obstruct the windows or light of any adjoining property owner in said subdivision. (22) Additional shown on the recorded be reserved five (5 lines, if necessary, utilities, irrigation easements: In addition to any easements plat, an additional (5) foot easem~rit may feet on any side of all other easement for the installation and maintenance of and drainage. (a) Within tY,es? easements no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the, installation and maintenance of the utilities, or which may change the direction or flow of water through drainage channels in trre easements. (b) 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 is responsible. (23) This subdivision is within the Nampa-Meridian Irrigation District and subject to any and. all assessments of said district. The developer has made provisions that provide for future delivery of irrigation water to the individual lots. The actual operation and maintenanced expense of said system, if constructed, is the obligation of the lot owners, and/or HAVEN COVE HOMEOWNERS ASSOCIATION, INC.at their option, and not the developer. /'~ 5 /'\ (24) 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 wet line sewer connection lines. (25) No sign of any kind shall be displayed to public view on any building or building site on said property except a professional sign of not more than five (5} square feet advertising the property for sale or rent, or signs used by the developer to advertise the property during construction and sa1Ps period. If a property is sold or rented, any sign relatii~~~ thereto shall be removed immediately, except that the Declarant or its agent may post a "sold" sign for a reasonable period following the sale. (26) No lot or. building site included within this subdivision shall be used or maintained as a dumping ground for waste material. Incinerators are not permitted. Receptacles for storage of trash, garbage, etc., shall be maintained in a sanitary and clean condition. (27) Parking of recreational vehicles, boats, trailers, motorcycles, trucks, truck-campers 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, or other approved enclosure, and no portion of same may project beyond the enclosed area. F'arkiny of automobiles or otYiez vehicles on any part of the property or on public ways adjacent thereto shall be prohibited except within garages, carpor.t:s, or other approved areas. The Architectural Committee shall be the sole and exclusive judges of approved areas. Their decision is final and binding. (28) No machinery, building equipment or material shall be stored upon site until the Grantee is ready and able to commence the construction with respect to such building materials which then shall be placed within the property line of such building site upon which the structure is to be erected. (29) Installation of radio and/or television antennae or satellite dishes is prohibited outside any building without written consent from the Architectural Committee, which would require them to be screened from street view. /'1 6 (30) These covenants shall run with thr land and shall be binding o-1 all persons owning under them for a period of thirty (30) years from i:t~e date of this recordir~y thereof, after which time such covenants shall be automatically extended for successive periods cif ten (10) years, unless at any time after the ir~itiai recording of thi:~ instrument, an instrument signed by the owners of 750 of the .land of this s~ibdivision has been recorded agreeing to change or terminate said covenants in whole or part and after ali lots therein have beers solo by •the Developer. Modification or termination of these covenants can only be made with the consent of the Developer so long as any lot: in this subdivision rernaitl in Developer's ownership. (3i) Enforcement against any person or persons violating or attempting to violate any covenant herein after ten (10} nays notice therco£ in writing served on the offending party, shall be had by any property owners within said subdivision either at law or equity. In the event of judgement against any person for such the Court may award injunction against any person for such violation, require such compliance as the Court deems necessary, award suc11 damages, reasonable counse l fees acid Court costs as may be suffered or incurred, and such other or further relief as may be deemed just and equitable. (32) Any Owner, or the owner of any recorded mortgage upon any part of said property, shall have the right to enforce, by procee>dir~g at saw or in equity, all restrictions, conditions, covenants, reservations, Iiens, and charges now hereafter_ unposed by the provisions of 'the Declaration. Failure by any owner to enforce any covenant or restriction Herein contained st~iali in no event be deemed as a waiver of the right to do so thereafter. (3~) A committee of three persons shall act as an architectural design committee and shall, prior to any new construction in said subdivision, be furnished with one set of detailed plans and specifications of any proposed building to be located in said subdivision and .shall be allowed ten (10) days to review said plans, drawings, and specifications. If said committee shall approve of the proposed building, or modification or alteration thereof, they shall so indicate by the dating and signing of the set of plans by a member of the committee, and their approval shall be construed as full compliance with the provisions of Paragraph One (1) of the original covenants. Said committee shall have sole discretion to determine what shall be substantial compliance without prior consent of said committee. /'~ 7 The committee shall consist of the following: A Leon Blaser 3875 Twilight Dr. Boise, Id 83703 Bruce Blaser 4378 Kitsap Dr. Boise, id 83703 Lee R. StLCker 2695 W. Cherry Lane Mcridiam Id 83642 After the developer has sold all the lots in this subdivision, the Architectural Review Committee shall be turnr~d over to the residents of the subdivision and not before. Amending these covenants shall not affect this provision. A majority of said committee is empowered to act for the committee. In the event any member of the committee is unable to act or fails or desires not to act, the remaining committee members shall appoint an owner of a lot in said subdivision to serve on said committee, all of whom serve without compensation. (34) Damage to Improvements: It shall be the responsibility of the builder of any residence in this subdivision to Leave street, curbs, sidewalks, fences, and tiled irrigation lines if any, and utility facilities free of damage arrd in good and sound condition at the conclusion of the construction period. Fine grading on each .individual lot shall be required to conform to the master drainage plan of tPie subdivision. It shall be conclusively presumed that ail such improvements are in good, sound condition at the time building is begun on each lot unless the contrary is shown in writing at the date of conveyance or:~ date of possession, whichever date shall first occur, w#~.~iw~notice addressed to a member of the Architectural Committee. (35) Invalidation of one of these covenants shall in no way affect any of the other, provisions which shall remain in full force and effect. HOME OWNERS ASSOCIATION (36) Membership: Every person or entity who is a record owner (including contract sellers) of a fee or undivided fee interest in any lot located within said property sl-~all by virtue of such ownership, be a member of the Association. Wiren more than one person holds such interest in any occupied lot, all such persons shall be members. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any such lot subject to assessment by the Association. /'~ 8 Such ownership of any such lot shall be the sole qualification for becoming a member, and shall automatically commence upon a person becoming such owner, and shall automatically terminate and lapse when such ownership in said property shall terminate or be transferred. The Association shall maintain a member list and may require written proof of any member's Iot ownership interest. As additional phases of HAVEN COVE SUBDIVISION are formed and brought to completion, the new phase will automatically be ilitegrated through annexation into the Association, with all restrictions and privileges applied. The financial. reports, ?,ook:~ and records of t:he Assoc:iatiun n-ay lie examined, al reasundble times, by any member or mortgagee. 9 (37) Voting Rights: Each member shall be entitled to cast one vote or fractional vote as set forth herein for each lot in which he holds the interest required for membership. Only one vote shall be cast with respect to each lot. The vote applicable to any lot being sold under a contract of sale shall be exercised by the contract vendor unless the contract expressly provides otherwise and the Association has been notified, in writing, of such provision. Voting by proxy shall be permitted. (38) Officers and Directors: At an annual meeting called pursuant to notice as herein provided for establishcnent of annual assessments, a Board of Directors of the Association shall be elected by ballot of those attending said meeting and voting by proxy, provided that the total of all votes cast shah repre:~ent a quorum as hereinafter provided. There shall be three directors elected to serve for a period of three years. Election shall be by popular voto, the nominees receiving the three highest vote totals shall be deemed elected. Each member shall be entitled to vote for three nominees per membership. In the event any director shall be unaLle to complete the term for which elected, the remaining directors are empowered to appoint a substitute to serve out the unexpired term. (39) The Association shall operate, control and maintain any common areas. The Association shall have tree right to dedicate or transfer all or any part of t}~e commocl areas to any public entity, authority, or utility for .such purposes grid Subject to such conditions as may be agreed to by the members. No such condition to transfer shall be effective unless authorized by members entitled to cast two-thirds (2/3) of the majority of the votes at a special or general member's meeting and an instrument signed by the Chairman and Secretary has been recorded in the appropriate county deed records, agreeing to such dedication ar transfer, and unless written notice of proposed action is sent to every member not less than fifteen days (15) nor more than thirty (30) days prior to such dedication or transfer; and the Association shall have the right to suspend any voting rights Eor any period during which any assessment against said member's property remains unpaid;~and for a period not exceeding thirty (30) days far eac}, infraction of its published rules and regulations. i"1 n 10 (40) Each owner of any Lot by ratification of thesE covenants or by acceptance of a deed or contract of purchase therefore, whether or not it shall be so expressed in any such is c' ~:~~•' e . ~ e~°~yn ~ . , deed or other conveyance-- ~~ agreement for conveyanc , Lo covenant and agree to pay to the Association (1) regular annual or other regular periodic assessmenis or charges. (2} special assessments for capital improvements, such assessments to be fixed, established, and collected from time to time as hereinafter provided. The regular and special assessments, together with such interest thereon and cost. of coii~~ction as :iereinafter provided shall be a charge on the land thereof , and :;hall be a continuing lien upon the property against which sucl~ assessment is made. Each such assessment, together with such interest, casts and reasonable attorney's fees, shall also be the personal ~~bligatioti of the person who was the owner of such property at the time such assessment was levied. The obligation shall remain a lien on the property until paid o~f Dr" foreclosed, but shall i~ be a ersonal obligation of successors in title unless expressly assumed. ~~ The assessments levied by the Association shall not L,e used for any purpose other than the improvement and maintenance of any area designated as a Common Area. Subject to the above ~f provision, the Association Directors shall determine the use of ~ °~~'i'~ assessment proceeds. In addition to the regular asses:~ments authorized above, the Association may levy in any assessment year, a special assessment applicable to tliat year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a capital improvement, provided the assent of a two-thirds (2/3) majority of the complete votes represented by those members who are voting in person or by proxy at the meeting duly called for this purpose is obtained, written notice of which shall be sent to all tnN:r:be~.s not less than fifteen (15) days nor more than thirty (30) days in advance of the meeting .setting fur-:.h tae purpose of the meeting. Both regular assessments and any special assessments must be fixed at a uniform rate for all occupied lots and may be collected on an annual, quarterly, or monthly basis in the discretion of the Directors. (41) At the first mee~Ling called, the presence at the 2 meeting of members or of proxies to cast sixty percent (60~) of all votes of the members shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirements. No subsequent meeting shall be held more than sixty (60) days following the date of the meeting at which no quorum was forthcoming. n 11 (42) FEES All lots shall be subject to an initial set up fee of $100. In addition tYie annual assessment as provided for herein is $20. The annual assessment is due on the first day of a new year. The Board of Directors shall fix the amount of the regular assessmen# at least thirty (30) days in advance of each assessment period. Written notice of the assessment dates shall be established by the Board of Directors. Ttie Associatiuri s}7a11, upon demand at any reasonable time, furnish a certificate ire writing signed by an officer of ttie As~u~iation setting forth whether the assessments on a particular lot have been paid .• A reasonable charge may be made by the Board for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. (43) Any assessments which are not paid when Clue shall Le delinquent. If the assessment is not paid within thirty (~O) days after the dne date, the assessment shall bear interest from the date of delinquency at the rate of eighteen percent (18go) per annum. The Secretary of the said Association shall file in the office of the County Recorder, Ada County, Idaho, a lien reflecting the amount of any such charges or assessments, together with interest, as aforesaid, which have become delinquent with respect to any Lot on said. property, and up~r, payment in full thereof, shall execute and file a proper release of the lien releasing the same. The aggregate amount of such assessments, together with .interest, costs and expenses and a reasonable attorney's fee for the filing and enforcement i:~~,ereof, shall constitute a lien on the whole lot (including any improvement located thereon), wii:Yi respect to w)iict, it is filed from the date the lien is filed in the office of the said County Recorder for Ada County, Idaho, until the same has been paid or released as herein provided.. Such Lien may be enforced by said Association in the manner provided by law with respect to lie:zu upon real property. The owner of said property at the time said assessment is levied sh'alI be personally liable for the expenses, costs and disbursements, including attorney's fees of t:ie Declarant or of the. Association, as the case may be, of processing and if necessary, enforcing such liens, ail of which expense, costs and disbursements and attorney's fees shall be secured by said lien, including all aforementioned expenses, costs, disbursements and fees on appeal, and such owner at the time such assessment is levied shall also be liable for any deficiency remaining unpaid after any foreclosure sale. No owner may waive or otherwise escape- liability for the assessments provided for herein by non-use of Common Areas of abandonment of his lot. 12 /'~, (44) The gale ur transfer of any lot or any other part of said property stlall not affect t}ie assessment lien. No sale or transfer shall relieve such lot from liability .fur any assessments there~al'ter becoming due or from the lieniny thereof. (45} The following property subject to this Declaration shall be exempt from the assessments created herein: (a) all properties expressly dedicated to and accepted by a lcca'_ public: authority; (b) any other properties owned by the Association. (46) The Association shall prepare an annual budget which shall indicate anticipated management, operating, maintenance, repair and other common expenses for the Association's next fiscal year and w:Iich shall be sufficient to pay all estimated expenses and outlays of the Association for the next calendar year growing out of or in connection with the maintenance and operation of COmm0I1 areas and improvements and may include, among other things, the cost of main~cnance, management, special assessments, fire, casualty and public liability insurance, common lighting, landscaping, and care of grounds, repairs, renovations, and paintings to commas, area, snow removal, wages, water charge::,. legal and accounting fees, management, fees expenses 3114 liabilities ir:,curred by the Association form a previous period, and t}1e creation of any reasonable contingency or other re,erve fund, as well as all costs and expenses relating to the cc,mmon area and improvements. (47) The Association shall be responsible for the repairs, upkzep anc: maintenance, nc~rntal servicing, gardening, rules and regulations for use, Dare, and safety, annual planting of flowers (if any), payment of bills anu related expenses fc,r any Common Areas. The Directors shall become the Architectural Committee as provided in Para 33 u on the s of the last lot in any future phases of Chateau Meadows ast Subdivislo (48) The Board of Directors are empowered to obtain appropriate liability, casualty, fire or errors or omissions or other insurance to properly protect the actions of the Association or facilities maintained, owned or controlled by the Association as a cost to the Association. (49) Invalidation of one of these Covenants shall in no way affect any of the other provisions which shall remain in full force and effect. ST11TE OF i DAHO COUNTY OF ADA ss /'~ ~3 A. Leor. Blaser, President On this ~th day of 199°, before me, a notary public in and for said S te, personally appeared A. Leon Blaser, known to me to be the Pr sident of S. I. Development Inc, whose name is subscribed to the foregoing instrument, and acknowled~3ed to me that he executeFl h~ same .. ~ Residing a Commission Rescov /'~ Meridian City Council May 3, 1994 Page 10 Corrie: No, thank you Mr. Mayor. Kingsford: What is your pleasure? /"~ Morrow: Mr. Mayor I would move we approve the final plat subject to the covenants and restrictions being aparoved by Counselor, subject to pressurized irrigation and subject to the meeting of all the articles that Gary Smith has alluded to that are verbal that those accomplished and Shari's. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the final plat of Fieldstone Meadows No. 4 subject to approval of the restrictive covenants, pressurized irrigation and that the items in Mr. Smith's and Ms. Stiles be met as well as the verbal agreements reached with their engineer, alt those in favor? Opposed? MOTION CARRIED: All Yea ITEM # 9: FINAL PLAT: HAVEN COVE N0. 4, 46 LOTS BY S.I. DEVELOPMENT AND DAVID COLLINS: Kingsford: Council members do you have questions on that issue? Morrow: I have several questions concerning that. Again I would like to address my questions to Gary Smith. Mr. Smith in reviewing your letter, item 2 a roadway access to Dr. Coe Parker's property and the extension of North Clara Avenue and I note that there were several letters in this packet concerning that and the potential to landlock that property. There also as I understood it this was an indication before P & Z that it was to be done but there was a change between the preliminary and the final plat with respect to serving that property with a stub street. Smith: Mr. Mayor and Council members, Councilman Morrow, the preliminary plat on Haven Cove subdivision did not show an access into Dr. Coe Parker's property. The preliminary plat did show an access into the west into the Stonehouse Evangelical Church property which was deleted after I reviewed the preliminary. My comment was that it wasn't necessary to have that access into the church property so it was deleted. On the preliminary plat there were 3 points of access shown along its south boundary along Haven Cove subdivision south boundary. One access was into Tom Eddy's property which is immediately adjacent to the east boundary of Dr. Parker's. And that access was fairly close to Dr. Parker's common corner with Tom Eddy. There was another access shown farther to the east out of the south boundary of /'1 Meridian City Council May 3, 1994 Page 11 /'~ Haven Cove and there was another access shown near the southeast corner of Haven Cove into what would be, I don't know if you are aware of Alloy Schelkeway's property out there he has a narrow easement lane that comes north off of Pine pack to his house, his property is right adjacent to the High Schools west boundary. In the process of the subdivision review by the Highway District they eliminated the access into the Schelekway property and required the developer to construct a culdesac. I had requested that the access out of the west boundary of this Haven Cove property into the Church property because it served no purpose. And so that resulted in 2 access points then out of the south boundary. Subsequently the developer has proposed that a single access point be allowed into the Tom Eddy property farther to their northeast corner. Moving that previously located access at his northwest corner to the northeast comer. So, I felt and the developer and his engineer has agreed and they have submitted a revised final plat which we just got tonight but I have been in conversation previously that they will provide a stub access into Dr. Parker's property. Which would be an extension of North Clara Avenue as I had requested. So, Dr. Parker will have access through Haven Cove. Water will also access through Haven Cove, sewer is proposed to access in through the proposed Valeri Heights subdivision and we are all assuming that is going to go forward. Although it has been kind of quiet lately. Tolsma: The sewer that Dr. Parker was basically coming from Valeri Heights subdivision, but if the Valeri Heights subdivision isn't pursued then where will his water and sewer lines go? Smith: Well, his water can still come from Haven Cove, but the sewer is such an elevation it is awfully shallow there that I don't think it will serve into Dr. Parker's property and maintain a cover above the sewer line that we are trying to maintain to protect the lines. So, he will really need to go to the west. And really his property has always in my limited study of that area needed to be served to the west to Ten Mile Road. We have been fighting grade on sewer in Haven Cove from day 1. We have some less than minimum slope on sewer line out there. And it is basically on the down stream ends of the, except we do have some in #4 that are of minimum slope, but basically on the down, lower end of the sewer lines. And so we will be able to take advantage of flow, we wilt have more flow in those lines. Tolsma: Another thing you stated in there was the access back down to Cherry Lane off of Haven Cove is going to be on the northeast corner of the Eddy property. Smith: What item is that? Tolsma: It shows a separation from Haven Cove (inaudible) /'~ Meridian City Council May 3, 1994 Page 12 /'1 Smith: That is just the adjacent plat, Haven Cove #4 will have a stub street out of its south boundary into Tom Eddy property which will immediately connect, well it will be right near Tom Eddy's northeast corner and then it will immediately slink east into what is proposed as Haven Cove #5 and then that will continue to the south to Pine. So, then Haven Cove #b has been submitted as a preliminary pldY w-~ i~~ve access orf of Pine and will connect to Haven Cove #4. Tolsma: But then the East Clara Avenue goes back to (inaudible) Smith: Yes correct, it will be, well, I think the center of the street is about 125 feet east of this projects southwest corner. So, it is right at that southwest corner. Dr. Parker's property actually stands west, part of it is west of the west boundary of the Haven Cove. Tolsma: Just reading through the letters that Dr. Parker submitted (inaudible) agreed (inaudible) property. Smith: Right, it has been a somewhat constant item of discussion but 1 guess when it came time to review the final plat it was, I tried to make it as clear as possible, but that street needed to be provided and the developer and his engineer agreed. I think one reason that I kept pointing out to them is that originally there were 4 stub streets along, well 3 on the south boundary and one on the southwest corner and out of those 4 without the stub to Dr. Parker's property 3 have been deleted. So, I didn't feel that there was any particular problem requiring that this access be provided to Dr. Parker. Morrow: I have another question with respect to item 3, an adequate easement with more than 5 feet is needed for the irrigation pipes to be placed between Lots 14 and 15 and, Lots 33 and 34, has that been done? Smith: I talked to Dave Collins engineer for the project and he said that the pipes have been installed and that they will situate these in such that the pipes have adequate room. Morrow: And those pipes provide continuing flow to downstream users? Smith: Yes Morrow: Was the sizing of those pipes with input from the downstream users? Smith: I don't know Councilman Morrow, I would only assume that it was taken into Meridian City Council May 3, 1994 Page 13 account. i"~ Kingsford: I see a shaking of the head in the negative from the engineer. Mr. Collins is shaking his head in the negative, you didn't talk to downstream users on the sizing of the pipe. Collins: I used figures provided to me by Nampa Meridian Irrigation District, who knows totally what water is used downstream, rather than relying on downstream (inaudible). I have (inaudible) 150% of the discharge. Kingsford: Dave, would you come up so we have it on tape? Collins: What I do on these is go to Nampa Meridian and get what the diversion is plus the- surge factor that John Anderson has assigned to that particular facility and I pass that amount of water through the check gate or through our subdivision. So, we have 100 minor inch water right on that ditch and we have a 150 minor inch capacity in our system. Morrow: Now, does that take into account how the downstream users use the thing. I have seen irrigation ditches where the capacity met all of the sizing requirements that the engineers used but in reality they didn't work because they didn't take into consideration how the downstream water users use the water. I think that is the intent in terms of getting some input from those folks, granted there are isolated incidences but I don't want the City to get in a position where we approve an irrigation piping based on information that comes from quote the books. And in reality if somebody had talked to one of the downstream users we would have found out that doesn't work. So, we have to come back after the fact and tear out pipes and put in drains and whatever to de-water the property or to prevent flooding or denying somebody their full head of water downstream. And so the point of the my question with respect to conferencing or at least talking to one of the downstream users is that you get a feel for the peculiarities of the system may be. That isn't something that John Anderson would know or anybody else, because once the water goes into the ditches that service the users, the irrigation district doesn't care. Collins: The system was designed with input from Tom Eddy who is on that same moon discharge and I talked with only one downstream user, he has got less than 5 acres down there. Most of the land that services is subdivided now so most of the water goes through to Settlers I believe, on down to the waste end of the ditch. Most of it is not used now, but it has been released in ditches and I have my system designed just piping the ditches basically where they were. The head gates I learned my lesson from Lounsbury are out on the street instead of on the lot lines so we don't /'~ Meridian City Council May 3, 1994 Page 14 /'1 need easements. We ran out to the street and then back down this way so we could have the gates controlled on the street rather than the rear yards and stuff like that. We have one diversion on site there which will probably never be used because it diverts over to the church and I think they buried their own little local delivery ditch about 2 weeks ago, so they will probably never use the water provided to them. E3ut the gate is there to provide it to them. And the rest of it flows through, it was used on the Stucker farm and of course Mr. Stucker is not interested in any of that being provided anymore, then from there it all went downstream and that is what our pipe does. It goes to the ditch on Quan Do and it just goes back to its original configuration. Morrow: Another question for Gary, item 6, Haven Cove #3 subdivision, an adjacent plat subdivision is not recorded at this time, what does that mean for us? Smith:. The only thing it means Councilman Morrow is that I do not have a plat of record on #3, although it is under construction right now. It is shown as an adjacent plated subdivision on #4 subdivision. The County Engineer won't let #4 be recorded until #3 is recorded anyway. Morrow: Is this kind of a technicality, is there Smith: Yes, it is a technicality. Morrow: And then #10, the double irrigation drain pipe, you indicated that you didn't think a 10 foot wide easement is adequate for an 18 inch pipe, a 15 inch pipe plus the stuff that is being requested by US West and Cable TV folk. Can you explain that? Smith: Well, recently 1 noticed comments coming back from US West requesting a 10 foot easement on each side of rear lot lines, our ordinance only requires a 5 foot easement on each side of rear lot lines. Typically most engineers and developers have been providing 10 feet on the rear lot lines that are also subdivision boundary lines. The interior rear lot lines though are the ones that apparently US West and Cable TV are having trouble staying within a 5 foot easement. And I think I can safely say that the way they plow those cables in they need that extra room. They run in anything but a straight line. Morrow: But that is a management point on there part isn't it? I Smith: It is Marrow: Why should we give them more easement for that so that they can do Meridian City Council May 3, 1994 Page 15 /'~ sloppy work? Is this easement that we are requesting here a greater width easement because of the piping, the irrigation piping? Smith: That was my concern yes. If you have the drunken sailor attitude plowing that cable and also have an 18 inch and 15 inch pipe I could almost guarantee that cable is Going to be outside that easement, but again I talked tc Dave Collins and he has assured me that the pipes, their location will be measured and the easement width will be appropriate for the pipes and the underground cable. We can verify that together in the field if you would like, I would be happy to do that to make sure it is. Morrow: I think that would be the case from my perspective. My last question is with respect to #12, Block 1 is to be a 20 wide common area lot with an underlying 20 foot sanitary sewer easement. Has that been done? Smith: Yes, he has agreed to do that. Morrow: I have no further questions. Kingsford: Counselor have you received the covenants on this? Crookston: If I have I haven't had an opportunity to look at them. Smith: They were just dropped to Shari tonight. Morrow: I have some questions for Shari also. Corrie: Mr. Mayor, before Shari gets up here, Mr. Collins have you seen Shari's comments? Thank you. Morrow: Shari, can you kind of take us through the .letter on where we stand. There are several paragraphs here that I would like you to review and let us know what the response has been to your questions. The preliminary plat, in the first paragraph, is 191 building lots, had 2 ponds one with an irrigation pump shown as lots, it now appears that there are a total of 194 building lots included in Haven Cove 1 to 4. I guess the question there is where did the other 3 lots come from? Is that what you are alluding to? Stiles: Mr. Mayor and Council members, Councilman Morrow, I was just making an observation from going back to the original plat, it has been many years since that preliminary plat came in and just noted that they did have 2 ponds and there were shown a total of 191 lots, but it looked like there were only 191 building lots. I was Meridian City Council May 3, 1994 Page 16 just stating that now they had a total of 194 building lots. Morrow: Okay then item #2 is Lot 27 - Block 1 needs to be 8,000 square feet exclusive the sanitary easement, has that adjustment been made? (End of Tape) Stiles: Yes I received tonight a new copy of the plat that corrects that. Morrow: And then the third paragraph, will you review that for us please? There is only one way in and out, has that, been resolved. It says the P & Z originally approved of a preliminary with condition that after a 100 lots were developed a second street to Cherry Lane be provided, has that in fact been provided? Stiles: I believe it has through #3, however since it hasn't been recorded it isn't showing up on any of my maps. So, it still appears that there is still the one entrance. Morrow: So, in reality is there one entrance or 2? Gary is signaling that there are 2. The fourth paragraph addresses the minimum square footage of the houses. Has that been taken care of? Stiles: It isn't on the copy that I received tonight, this is becoming a real problem with subdivisions that are zoned at another time and come in and they are still using the old ordinance requirements. Which makes it very difficult for realtors or anyone to look at the plat, and say how many square feet are we really supposed to have. And it is in our ordinance that it be required on all plats and I just want that noted on the plat for the record. Morrow: And you got the covenants and restrictions this evening which was the next paragraph. And then your final paragraph says that if plat is to remain as submitted I recommend it be rejected and go back through P & Z. If the plat is revised and addressed all the items noted above I recommend the plat be approved and subject to these and other staff and agency comments be met. Given the information tonight what is your preference? Stiles: I would recommend that if all of these things are taken care as well as Gary's concerns and other agency concerns then it be approved subject to those conditions. And also to the approval of the covenants by the City Attorney. Morrow: Has a large part of this information been provided to you just tonight, you have not had an opportunity to review the information provided. I reviewed it only when you were in executive session, but I have a chance to review and make known Meridian City Council May 3, 1994 Page 17 /'\ to the engineer what is required beyond what has been submitted tonight. Morrow: I guess my last question is, is the pressurized irrigation system is that in these subdivisions already we have talked about the ponds with the irrigation pump. Stiles: I wasn't clear about that, it seemed like it must have been originally proposed for pressurized irrigation but evidently it is not included now. I don't know what the original intent of the ponds was. It seemed to be an irrigation system. Morrow: Can you answer that Gary? Smith: Councilman Morrow, I don't recall when the preliminary plat was approved and I am assuming we would need to look at some dates as to when the pressurized irrigation was required verses when this preliminary plat was approved. I don't recall any details being submitted previously on pressurized irrigation and I'm not sure whether they have been paying the well development fee. Collins: I don't recall accurately whether this was required to have pressurized irrigation, if it was my recollection is that the developer wanted to pay the fee into the City for the' development. The well indicated was a site, I had indicated for a City well, for a City domestic well that is what the well was. As far as the ponds those were proposed drainage ponds which I put in the preliminary when I got in final design with better survey information. 1 was able to eliminate those ponds which I am more than glad to do because they were a hazard and a nuisance. That is why the ponds went away, the well was supposed to be a City well but your geotechnical consultant indicated it was too close to another existing City well for a site so we deleted that. But the developer, I don't remember whether he is paying on this one (inaudible) but it is one or the other. Kingsford: I think Mr. Smith's comments there with regard to researching some dates is probably appropriate. My recollection is that it came before our ordinance for pressurized irrigation, but I could stand corrected. In any event it probably ought to be paying the well fees at least on the phases that have come in since it has been in effect. Smith: Could I add one more comment, we have a little bit of a problem with the sewer easement and taking care of a sewer easement in Haven Cove #1. And I met in the field with the engineer Dave Collins and the developers representative, Wright Construction and it had to do with taking care of the sewer easement in #1 subdivision that was previously agreed to between the developer and myself which was not taken care of. And I was very unhappy with the whole situation and I told Meridian City Council May 3, 1994 Page 18 /'~ the developer and wrote a letter to the effect that I was withholding any further building permits in Haven Cove subdivision until this was taken care of. I met with those people at the site and we reviewed the situation, I subsequently wrote another letter and I condescended on a couple items to allow the homeowner to utilize the lot --as they desire but also to protect our sewer easement and our access -to Uur sewer line. I have not heard from anybody since that time. So I would request that the approval of Haven Cove #4 be conditioned upon satisfactory completion of the requirements that I outlined in my letter to the developer on #1 for protection of our sanitary sewer easement. I can guarantee to this Council and Mayor and any developer from this point forward that there will be no sewer lines placed in easements. Morrow: I think I would support that but it seems to me from the City Council or at least my standpoint I would be more comfortable tabling this until that in fact had been done. And if for no other reason than expression of support for the staffs position so that these things get accomplished in a timely manor. The other thing is I am a little uncomfortable with submitting the information during an executive session and expecting our staff to reply and put them on the spot and answer these questions and say yes at first glance it appears to be fine. So, that is a point of discussion is all. Kingsford: Any other comments Council? Corrie: I agree with Walt 100% that if we are still talking about subdivision #1 not meeting your specifications, here we are in number #4 I don't think we should do anything until it is done. So, I would support the table motion if you want to put it forth Walt. Kingsford: Other discussion? Morrow: If not Mayor, I would move that we table the Final Plat of Haven Cove #4 until the problems with #1 are resolved. Tolsma: Second Kingsford: , Moved by Walt, second by Ron to table Haven Cove subdivision #4 pending resolution of the problems of Haven Cove subdivision #1 with regard to sewer easement, all those in favor? Opposed? MOTION CARRIED: All Yea . /`~ /'1 Meridian City Council May 3, 1994 Page 19 Kingsford: Mr. Collins Collins: If I may address the Council, the legals for correcting the easement difficulty in #1 are in preparation now, being reviewed by my lawyer before presenting them -~ to your attorney. One is the City relinq~vshing part of ~[ne easement-~to the - - - homeowner. The homeowner giving more easement to the City and those have to be reviewed by him. So, that is in preparation and review now and should be done Thursday. The other thing we weren't expecting to put staff on the spot this fax of all this information to me has May 2, 1,4:36 hour on the top of it so, I didn't really get where I have a whole lot of time to work on it. Although the major issues on #4 were rectified with Gary about 10 days ago and we have been working to revise our drawings. ITEM #10: WATER/ SEWER/ TRASH DELINQUENCIES: Kingsford: This is to inform you in writing, if you choose to, you have the right to a pre-determination hearing at 7:30 P. M. May 3, 1994 before the Mayor and City Council to appear in person to be judged on the facts and defend the claim made by the City that your water, sewer, and trash bill is delinquent. You may retain counsel. This service will be discontinued on May 11, 1994 unless payment is received in full. Is there anyone present who wishes to contest their water, sewer and trash delinquency? They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, pursuant to Idaho code. Even though they appeal their water will be shut off. The amount of the turn off list is S 11,201.78. I would entertain a motion to approve the turn off list. Yerrington: So moved Tolsma: Second Kingsford: Moved by Max, second by Ron to approve the turn off list, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: APPROVE BILLS: Tolsma: So moved Yerrington: Second ~ /'~ MERIDIAN CITY COUNCIL MEETING: Mav 3 1994 APPLICANT: S.I. DEVELOPMENT AND DAVID AGENDA ITEM NUMBER: 8 COLLINS REQUEST: FINAL PLAT• HAVEN COVE SUBDIVISION NO. 4 AGENCY ~ COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: °REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: ~ '29.94 NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: rfUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE 0. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GOROON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM To: Mayor & City Council From: Gary D. Smith, PE Date: April 28, 1994 COUNCIL MEMBERS RONALD R. 70LSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman -Planning & Zoning RE: HAVEN COVE NO. 4 SUBDIVISION (Final Plat) I have reviewed this submittal and offer the following comments for your information and or use as conditions of the applicant during the hearing process: 1. The plat generally conforms to the previously approved preliminary plat. 2. A roadway access is required into Dr. Coe Parker's property via extension of N. Clara Ave. V An adequate easement width (more than 5 feet) is needed for the irrigation pipe(s) to be placed between Lots 14/15 -Block 6 and Lots 33/34 -Block 11. J.Submit Ada County Street Name Committee approval of "N. Clara Ave.". The street name W. Camelia St. needs to be shown as "W. Santa Clara Drive", an extension of the No. 2 plat. 5. The iot and block numbering for what is shown as Block 1 I will need to be modified when the access street to Dr. Parker's property is drawn. 6. Haven Cove No. 3 Subdivision, shown as an adjacent platted subdivision, is not recorded at this time. ~'~7~ Can the scale of this plat be reduced to ]" = 100' so that only two sheets are required? It appears the plat will all fit onto one sheet. 8. The Certification Sheet needs to be submitted for review. 9. Show the line of separation between plat No. 2 and No. 3. /'t 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. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM TD: Mayor and Cou~nci 1 ~ci~ /1 FROM: Shari L. St files'/,~P~l"'anning-~& sZoning Administrator DATE: April 28, 1994 SUBJECT: Final Plat - Haven Cove No. 4 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman ~ Planning 6 Zoning The preliminary plat was approved for 191 building lots and had two ponds, one with an irrigation pump, shown as lots. It now appears there are a total of 194 building lots included in Haven Cove Nos. 1-4. Lot 27, Block 1, needs to be 8,000 s. f. exclusive of the sanitary sewer easement. Sanitary sewer easement needs to be deeded to the City as a separate lot. No fence or other structure can be placed within this area. This subdivision does not appear to be of the magnitude that the drawing cannot be placed on a single sheet. Scale should be adjusted to 1"=100'. There is still only one way in and out of the Haven Cove development. P&Z originally approved of the preliminary plat with the condition that, after 100 lots were developed; a second street to Cherry Lane be provided. The one stub street shown to the south will not access anything until Tom Eddy's property is developed. A stub street has been removed which was originally shown on the boundary line between Tom Eddy's and Coe Parker's properties. Dr. Parker testified at the public hearings and sent numerous letters to see that this was accomplished. Ada County Highway District assured Dr. Parker this would be done. Ada County Highway District may have allowed this access to be deleted in error. The plat shall have the individual lots marked showing the minimum size (Q house that can be constructed thereon, and no plat shall be recorded without such indication clearly shown thereon (Zoning Ordinance, Section 2-411. E). The final plat application did not indicate a minimum square footage-for structures. A minimum house size could be included in the notes in lieu of a designation an each lot. Any irrigation or drainage ditches on this property will have to be tiled to the satisfaction of downstream water users and the irrigation district, if applicable, -and evidence submitted to the City that this has been done. Memorandum to Mayor and Council Final Plat - Haven Cove No. 4 Page 2 /~ Developer has indicated covenants have been submitted; however, the covenants have been submitted for each phase and titled "Haven Cove No. 1, Haven Cove No. 2," etc. Please submit covenants specific to Haven Cove No. 4. As I believe streetlights are being provided, the requirement for lights with photo-sensitive cells may not be wanted or necessary on each lot. Values of constructed residences should be updated for present-day value as represented by the developer. If plat is to remain as submitted, I recommend it be rejected and go back through P&Z. If the-plat is revised to address all items noted above, I recommend the plat be approved subject to these and other staff and agency comments being met. /'~ HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live WILLIAM G.BERG,JR.,CityClerk JANICE L. GASS, City Treasurer CITY OF MERIDIAN GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 W.L. "BILL" GORDON, Polite Chief WAYNE G. CROOKSTON, JR., Attorney Phone (2O8) 888-0433 • FAX{208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor n COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner S Zoning Administrator JIM JOHNSON Cnairman -Planning 8 Zoning APR 2 5 1994 ~~a`„: iti'as.~~~~~-i'~ TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOP~~1~T'$ROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, may we have your answer by: Aprii 26 TRANSMITTAL DATE: 4/19/94 HEARING DATE: 5/3/94 REQUEST: Final Plat for Haven- Cove No. 4 BY: S.I. Develoament Inc. and David Collins LOCATION OF PROPERTY OR PROJECT: South of Haven Cove No. 3 JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES ,~ / 5 OTHER: 7 -~ YOUR CONCISE REMARKS: ~„/ yQ j5 CITY PLANNER A-LRii.~ ~ LUi /Y1,sir :,~.... L;`,t'~ ~~~W ~ r~s h ~ S .RINTENDENT OF SCHOOLS Bob L. Haley FOR ExCE<<E' DEP Dan Mabe, Finan eD& Administration C7 y DIRECTORS 2 ~~~-~~~ ~ Sheryl Belknap, Elementary ~ Jim Carberry, Secondary Q Christine Donnell, Personnel ~ Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911 MERIDIAN STREET • MERIDIAN,IDAH083642 • PHONE(208)888-6701 April 25, 1994 RE~E~~IE~ City of Meridian APR 2 8 1994 33 East Idaho ~"~~ f~'' 's_~.._. ~~i~~? ~~ l - J:. ~ Meridian, Idaho 83642 Re: Haven Cove No. 4 Subdivision Dear Councilmen: I have reviewed the application for Haven Cove No. 4 Subdivision and find that it includes approximately 46 homes at the median value of $100,000. We also find that this subdivision is located in census tract 103.1 and in the attendance zone for Meridian Elementary, Meridian Middle School and Meridian High School. Using the above information we can predict that these homes, when completed, will house 16 elementary aged children, 13 middle school aged children, and 17 senior high aged students. At the present time Meridian Elementary is 110 is at capacity, Meridian Middle School is at 130 of capacity and Meridian High School is at 116 of capacity. The Meridian School District is not opposed to growth in our district, however this subdivision will cause increased over- crowding in all three schools. There is little opportunity to shift attendance boundaries since the surrounding schools are also well over capacity. Before we could support this subdivision, we would need land dedicated to the district or at least made available at a minimum price for a school site in this area. The site would need water and sewer service available. In addition we would need to pass another bond issue for the construction of schools. The cost per student for newly constructed schools, excluding site purchase price and offsite improvements, exceeds $5,000 per elementary student and $10,000 per middle or high school student. We are in a difficult position and need your help in dealing with the impact of growth on schools. Sincerely, `tea-.fi~e- Dan Mabe Deputy Superintendent DM:gr CENTRAL ~1• DIS~TR/I~CT 1~^ HLl1LTH Return to: DEPARTMENT ~~.~~~~.',~ ^ BOlse ^ Eagle REVIEW SHEET ApR 2 9 ~~~~ ^ Garden City Rezone # (;~~~'y~' ~;;;rA: :~~~9i..,:~4'~ ,~C Meridian Conditional ^ Kuna Prelimina (Final/ hort Plat /~cti' C~/~ S vr3~i d~J~ ~,.J ~ ^ ACZ . ^ 1. We have no objections to this proposal. ^ 2. We recommend denial of this proposal. ^ 3. Spec'rfic knowledge as to the exact type of use must be provided before we can comment on this proposal. ^ 4. We will require more data concerning soil conditions on this proposal before we can comment. ^ 5. Before we can comment concerning individual sewge disposal, we will require more data concerning the depth of ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can approve this proposal for individual sewage disposal to be bcated above solid lava layers: ^ 2 feet ^ 4 -feet .~ 7. After written approval from appropriate entities are submitted, we can approve this proposal for: 8. 9. ^ 10. ^ 11. ^ 12. ~, 13. Central sewage ^ Community sewage system ^ Community water well ^ Interim sewage ~ Central water ^ Individual sewage ^ Individual water The following plan(s) must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality: Central sewage ^ Community sewage system^ Community water ^ Sewage dry lines .~ Central water Street runoff is not to create a mosquito breeding probelm. This department would recommend deferral until high seasonal ground water can be determined 'rf other considerations indicate approval. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. We will require plans be submitted for a plan reiew for any: ^ Food establishment ^ Swimming pools or spas ^ Beverage establishment ^ Grocery store %~.~'~•~~.~ ~~w~~=~~-~, ,T- Shat-// ~~ l~~G/ 1~~" Gy/17~C7'~ ~(/~4-Li i'~ .. ~Qu,!d1 t~N~1-t7u,J Sh~1 1~ho~s~~~ 7tiis . ^ Child Care Center DATE: Z7l y Reviewed by: l ~ . CDHD 10-91 rcb /'~ ~, PODIATRIC MEDICINE FOOT SURGERY SPORTS MEDICINE Boise Podiatry Clinic, P. A. 1412 W. BANNOCK BOISE, IDAHO 83702 345-1868 Apri 1 L'S, 1994 Meridian C.i t.y Coctncil Meridian, Idaho S:.~C~4,~' Dear Si rs: /'~ M.D. OGDEN, D.P.M. FELLOW AMERICAN COLLEGE FOOT SURGEONS DIPLOMATE AMERICAN BOARD OF PODITRIC SURGERY COE J. PARKER, D.P.M. ASSOCIATE AMERICAN COLLEGE FOOT SURGEONS It. has come to my attention that the ~r_e~...i_m.z._n~_r.Y._F~t.~t.. approved for Haven Cove Subdivision ha_s._.been..,._chang~cl in the final plat.. The. st:uhb~d.... _s t.ree.t......._._has........_,ti~en......._m~vecf, thus el im.i nat.i ng access t.a my property. It. is obvious also to me that. prior to approval of the final plat, that construction of streets and sewer are. near completion wi t.hout. all owi ng me ingress and egress I at.t.ended the Planni ng and ~''oni ng and City Council Meets nq and made a presentation to avoid being LAIVQ_.__L_C?G}t"ED. I have also been in contact. with the Ada County Highway Dist. regarding this ma t.t.er. They also recommended a stab street. at. mine and Tom Eddies boundary .into Haven Cove. I thought that. this had been taken care of_ I RE®U,EST THE FINAL PLAT N4T >5?E APPRL1t,'FD WITHCILIT ALLnWING M>~ ACGESS.. I am i ncl ttdi ng copies of correspondences showi ng my efforts to protect. my property_ Thanks for your c iderat.ion. 1 L`~ ~ ~~ ~._ ~. i~ \ Coe 7. Parker, D.P.M. CJfi/tmm cc- Gary Smi t.h, Ci t.y Engi Weer Larry Sales, ACHD /'~. February 23, 1994 City of Meridian Ci ty Engineering Dept. Attn: Cary Smi th 33 E. Idaho Ave. Meridian, Idaho 53642 Dear Gary: am enclosing a draft of a preliminary plat for development of my property prepared for me by the Engineering Firm of Don bubble. This is a follow up of the presentation when I appeared before the Ci ty Counci 1 on February 15th regarding the application of annexation and zoning of approximately 6.7 acres by Micky Welker . T1~ i s property i s adjacent to my property ar~d 1 am requesting that I Ira ve access to sewer and water through her property as shown in the drawing which is enclosed. 1 have a piece of property a t 2930 lv. Pine i n Meridian that wi 11 be land 1 ocked i f 1 do not have access for ingress and egress, also through the Eddy property whi clr i s to my East and througfr the Haven Cove subdi vision which has been approved to my North. In the development of the property surrounding me, 1 would appreci a to this consideration so that I can development my property at an appropriate time. I have no present plans for development at this time. I would appreciate being kept appraised of the developments of these adjacent properties. Sincerely, Coe J. Parker, D.P.M. cc: Wayne Foreys William G. Berg, Jr. Grant Kingsford City Planer City Clerk City Mayor /'~ ~c~nc JAMES E. BRUCE, President GLENN J. RHODES, Vice President SHERRY R. HUBER, Secretary Coe J. Parker, D.P.M. Boise Podiatry Clinic, P.A. 1412 W. Bannock Boise, ID 83702 Re: Haven Cove Subdivision Stub Street Dear Coe: /'~ 9~z/4 3 I have reviewed the previous file information regarding Haven Cove Subdivision to determine if the locations of stub streets we have already requiredwill suit your purpose. I am hopeful that you will be able to work with the situation as it stands. As part of the original approval. of Haven Cove Subdivision, ACHD required a stub street out to the south boundary at a point. 1320 .feet east of Ten Mile Road. This is apparently your east property line. Thus, the centerline of the street will be the property line between you and your neighbor to the east. This is our preferred location and if you and your neighbor can cooperatively extend this street, all parties will benefit. It is important far bath of you to know that there will be only one street stubbed to the south to serve bath of you. It will require your joint effort to subdivide your properties in the future, even if the stub location is moved to one side of the property line or the other. If, after further examination, you and your neighbor can recommend another location which will suit both your needs, we will consider your request to change the proposed location. Sinc ly, arry S le, Supervisor ACRD D velopment Services Division cc:Chron Haven Cove File David Collins, P.E. Wayne Forrey, AICP PARKER/LARRY adQ county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 . . PODIATRIC MEDICINE FOOT SURGERY SPORTS MEDICINE ~ my 7, 1993 ~ /'\ B~.~e Podiatry Clinic, P.A. 1412 W. BANNOCK BOISE, IDAHO 83702 345-1868 Wayne Forey City Clerk Meridian City Hall Meridian, Idaho 83642 Dear Wayne: M.D. OGDEN, D.P.M. FELLOW AMERICAN COLLEGE FOOT SURGEONS DIPLOMA7E AMERICAN BOARD OF PODITRIC SURGERY COE J. PARKER, D.P.M. ASSOCIATE AMERICAN COLLEGE FOOT SURGEONS This is a follow up letter regarding my property at 2930 W. Pine Street in Meridian Idaho. Last Spring I wrote to Mayor Kingsford, the City Council and Jack Niemanns. The letter stated this; Dear Sirs: It has come to my attention that acreage bordering my land at 2930 W. Pine has received preliminary plat approval for residential development under the name of Haven Cove. This development lies adjacent to my Northern property boundary. While I am in support of this planned expansion, I -would ask that you allow for an access from this development to my property boundary before you give them final approval. I may, in the future, be interested in making application to subdivide my acreage and the way Haven Cove is currently platted would preclude me from continuing this flow in to my property. I would ask that you allow for ingress/egress as well as access to sewer, water, and Meridian City services. I appreciate your time and consideration. Please contact me should you have any questions or should any action on the above mentioned development be on the agenda. Sincerely, C~ ~ ~ ~ Coe J. Parker, D.P.M. CJP/tmm cc: Larry Sales 318 E. 37th Boise, Idaho 83714 ~ ~ ~ f Y January 6, 1992 Leon Blazer 3350 Americana Terr. Boise, Idaho 83706 Dear Leon: I have decided to defer -my plans for developing my property in Meridian to sometime in the future. However to make development possible I have written to Meridian City and the Council regarding the same. (letter inclosed). Maybe we can put something together later on. Thanks for the time you spent and for consideration of a development project with me. Sincerely, C~ / Coe J. ar er, D.P.M. CJP/tmm ~' MEMORANDUM T0: Mayor and Council FROM: Shari L. Stiles, Planning & Zoning Administrator DATE: April 28, 1994 SUBJECT: Final Plat - Haven Cove No. 4 The preliminary plat was approved for 191 building lots and had two ponds, one with an irrigation pump, shown as lots. It now appears there are a total of 194 building lots included in Haven Cove Nos. 1-4. Lot 27, Block 1, needs to be 8,000 s.f. exclusive of the sanitary sewer easement. Sanitary sewer easement needs to be deeded to the City as a separate lot. No fence or other structure can be placed within this area. This subdivision does not appear to be of the magnitude that the drawing cannot be placed on a single sheet. Scale should be adjusted to 1"=100'. There is still only one way in and out of the Haven Cove development. P&Z originally approved of the preliminary plat with the condition that, after 100 lots were developed, a second street to Cherry Lane be provided. The one stub street shown to the south will not access anything until Tom Eddy's property is developed. A stub street has been removed which was originally shown on the boundary line between Tom Eddy's and Coe Parker's properties. Dr. Parker testified at the public hearings and sent numerous letters to see that this was accomplished. Ada County Highway District assured Dr. Parker this would be done. Ada County Highway District may have allowed this access to be deleted in error. The plat shall have the individual lots marked showing the minimum size house that can be constructed thereon, and no plat shall be recorded without such indication clearly shown thereon (Zoning Ordinance, Section. 2-411.E). The final plat application did not indicate a minimum square footage for structures. A minimum house size could be included in the notes in lieu of a designation on each lot. Any irrigation or drainage ditches on this property will have to be tiled to the satisfaction of downstream water users and the irrigation district, if applicable, and evidence submitted to the City that this has been done. /'1 /'~ Memorandum to Mayor and Council Final Plat - Haven Cove No. 4 Page 2 Developer has indicated covenants have been submitted; however, the covenants have been submitted for each phase and titled "Haven Cove No. 1, Haven Cove No. 2," etc. Please submit covenants specific to Haven Cove No. 4. As I believe streetlights are being provided, the requirement for lights with photo-sensitive cells may not be wanted or necessary on each lot. Values of constructed residences should be updated for present-day value as represented by the developer. If plat is to remain as submitted, I recommend it be rejected and go back through P&Z. If the plat is revised to address all items noted above, I recommend the plat be approved subject to these and other staff and agency comments being met. t • / i 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, Flre Chief W.L. "BILL" GORDON, Potice Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 . Phone (208) 888-4433 • FAX {208) 887813 Public Worlcs/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman • Planning & Zoning TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, may we have your answer by: April 26 TRANSMITTAL DATE: 4/19/94 HEARING DATE: 5/3/94 REQUEST: Final Plat for Haven Cove No. 4 BY:_S.I. Development Inc. and David Collins LOCATION OF PROPERTY OR PROJECT: South of Haven Cove No. 3 JIM JOHNSON, PJZ MOE ALIDJANI, P2 JIM SHEARER, PJZ CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8t FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: ollins - ngineering " ompany, Inc. 3350 Americana Terrace Boise, Idaho 83706 STATEMENT OF COMPLIANCE AND CONFORMANCE FOR HAVEN COVE No. 4 David M. Collins, P.E./L. S. :~ (208) 344-4451 15 February 1994 The final plat of Haven Cove No. 4 has been prepared in substantial compliance with the approved PRELIMINARY PLAT OF HAVEN COVE subdivision and meets the conditions and requirements of the preliminary approval; it conforms to the requirements of the City of Meridian Subdivision Ordinance and with accepted practices and standards of engineering and surveying. The proposed use is in conformance with the City of Meridian Comprehensive Plan and the current land use zone. The development will comply with all relevant City ordinances and requirements in connecting to City services. All appropriate easements have been provided and street names will appear as approved by the City and/or County Street Name Committee. All streets and related construction will be built to the standards of the Ada County Highway District and any relevant City ordinances . \~~, ~3ifi19f Ed ~ a Tf,~ f~ . ~ ~ ~. w HYDRAULICS. HYDROLOGY HIGHWAYS CIVIL ENGINEERING LAND DEVELOPMENT SURVEYING PLANNING d ~ F.-[ Y~~ Ubh ~\ f t~~ S 1V'J::;,^,~. hl~i ROYAL I'RI_ Ll M 1 t.'AR~_pLAT AND/OR FINAL PLAT FI~JINNZNC; AND ZUNING COA1t`77 ISS ON---- TIME_ 7'ABLF_ F_OR SUBMISSJUtd: A request for. preliminary plat approval must be in the City Clerks possession rro later than three days following the regular .meeting of tire- Planning arrd Zoning Commission. 7'1~e Planning and Zoning Commission will hear the request at the monttrly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P,M,, Thursday following the Planning arrd Zoning Commission action. .GENERAL INFORMATION: ,~: 1• Name of Annexation and Subdivision, Haven Cove N0.4 2• General location, N, ~ Of SeCtion_11, T, ____ 3N'LR- 1W. 3 • Owners of record , S . I . Development Inc . ~ -~----~ Address 3350 Americana Terrace Ste. 10,0 lip 83706 Telephone 385-0558 9• Applicant, Same as Owner. ---~-- Address, 5• Engineer, David M. Collins p ~ FirnrCollins Engr.CoAddress_ _ 3350 Americana Terr. Ste. 120 Z; 83706 ----_ ____ ~ P__-_~____ 'J'c 1 ephone 344-4451 ~• Name and address to receive City billings: Name S, I, _____ Development Inc. _ Address- 3350 Americana Terr. Ste. 100 Zip 83706 Tele hone --- -- P 385-0558 PRELIMINARY PLAT CtiECKLZST: Subdivision Features 1• Acres 11.2022 2• Number of lots 46 3. Lots per acre 4,1063 ' 9. Density per acre 4,1063__- 5• Zoning classification(s) R-4 6. If the proposed subdivision is outside the Meridian City limits but within the jurisdictional mile, what is the existirry zoning classification N/A 7• Does trre plat border a potential green belt No. 8• Have recreational easements been provided for Nn 9. Are there proposed recreational amenities to the City No. Explain _ 10. Are there proposed dedications of common areas? No. Explain For future parks?^ No_ Explain -- tip ~cbQULS'T POl~ l~'FtF.LIMINARY F'LA'!'~J arming ar,dLoniny Conmii.ssi.or~~nt.inued ` Page''2 ' I'RELII`9IP.T,RY P1..7?'I' Cf1F.'CKI,IST: Subdivision features continued 11. what school(s) service the area Meridian agreements for future school sites ~` ~ do You propose any No. Explain 12. Other proposed amenities to the City_ None water Su 1 PP Y~i~y Fire Department Meridian Other None. Explain 13. Type of Building (Residential, Commercial, Industrial or combination), Residential. 19. Type of Dwelling(s) Single family, Duplexes, Multiplexes, other ----~1r~c11_P=F~mi ~~__T_ 15. Proposed development features: a. Minimum square footage of lot(s), 8,000 S.F. Min b. Minimum square footage of structure(s), c. Are garages provided for,_ yeS square footage variable d. Ar.c other coverings provided for No. e. Landscaping has been provided for. No. _ Describe f. 9• h. Trees will. be provided for Yes. - frees will be maintained Homeowners Sprinkler systems are provided for yeS, SSOCla lon. Are there multiple units No. Type remarks i. Are there special set back requirements - No• Explain j. }las off street parking been provided fore : Explain __- 2 spaces per lot. ' k. Value range of property $ 85,000 to $ 120,000 + ^^_^ 1. Type of financing for development Conventional. m. Protective covenants were submitted Yes, Date Submitted With 16. Does the proposal land lock other property No. ~ prevoious phases. Does it create Enclaves No. STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County highway District and Meridian Ordinance. Dimensions will be determined by t}le City Engineer. All sidewalks will be five (5) - feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. (?) -- :~~iJLS'1 1'(iF: F'Jtl'L1MINhRY F'L11~ ~P~9e .3 . ,\ .`~1~ ~ n 1 1~J 1 STATEMENTS OF COMPLIANCE: Continued 3• Development will connect to City services. 9. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict witty City grid system. 9-604 B PRE-APPLICATION PiEETING The developer shall meet with the Administrator- prior to the submis- sion of the Preliminary Development Plan. The purpose of this meeting is to discuss early and informally the purpose and effect of this Ordinance and the criteria and standards contained herein, and to familiarize the developer with the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance and such other plans and ordinances as deemed appropriate. The developer may also meet with the Commis- sion or Council prior to submitting an application. 9-604 C. PRELIMINARY PLAT 1~ implication - The applicant shall file with the Administrator a complete subdivision application form and preliminary plat data as required in this Ordinance, not less than thirty (30) days prior to the Commission's public gearing: The Commission will not schedule any hearing or workshops or put the application on the agenda unless the above conditions have been met. 2• Public Hearin~to be Held Prior to Subdivision_ Plat_Ap~roval - A public hearing shall be held at the time of presentation of the preliminary plat by the developer- to the Commission for tare purpose of allowing public input on the proposed subdivision. 3• Combining Preliminar and Final Plats - The applicant may re- quest that the subdivision application be processed as both a preliminary and final plat if all of tt~e following exists: a. The proposed subdivision does not exceed four (4) lots; b. No nev street dedication or street widening is involved; ~. No major special development considerations are involved, such as development in a floodplain, hillside development or the like; and d- All required irrformatior~ for both preliminary and final plat is complete and in an acceptable form. A request to combine both preliminary plat and final plat into ore application shall be acted upon by tt~e Commission upon recommendation by the AcLninistrator. - (3) ~ ~ .r O~'I~iC JAMES E. BRUCE, President GLENN J. RHODES, Vice President SHERRY R. HUGER, Secretary Coe J. Parker, D.P.M. Boise Podiatry Clinic, P.A. 1412 W. Bannock Boise, ID X3702 Re: Haven Cove Subdivision Stub Street Dear Coe: 9~z/43 I have reviewed the previous file information regarding Haven Cove Subdivision to- determine if the locations of stub streets we have already requiredwill suit your purpose. I am hopeful. that you will be able to work with the situation as it stands. As part. of the original approval. of Haven Cove Subdivision, ACHD required a stub street out. to the south boundary at a point. 1320 feet east of Ten Mile Road. This is apparently your east property line. Thus, the centerline of the street will be the property line between you and your neighbor to the east. This is our preferred location and if you and your neighbor can cooperatively extend this street, all parties will benefit. It is important for both of you to know that there will be only one street stubbed to the south to serve both of you.. It will require your faint effort to subdivide your properties in the future, even if the stub location is moved to one side of the property line or the other. If, after further examination, you and your neighbor can. recommend another location which will suit bath your needs,. we will. consider your request to change the proposed location. Sinc ly, a ry S le, Supervisor ACHD D velopment Services Division cc:Chron Haven Cove File David Collins, P.E. Wayne Forrey, AICP PARKER/LARRY ado county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 OFFICIALS WAYNE S. FORREY, AICP, City Cterk 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 /'~ Hi1B t7F TREASIIRC` 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 b Plann JIM JOHNSON Centennial Coordinsto PATSY FEDRIZZI 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 (~1~- ~~~ , may we have your answer by : __ IUQUe~,H4.r 12 , J 919 3 TRANSMITTAL DATE. ~~ ~~~,~ }-iE€~RING DATE:: ~ I I ~.Q~ g 3 R E 0 U E S T : ~~~ y1 ~ ~ Imo' :`~,~TTI;t ~„~P~ (,~ ~F ' 3 E3 Y: ~ C~ 1'1~ . l~ ~ 1 i n s (.h ~' 1 ~ I Q f'rl ~ t Vi f'P POLICE DEPARTMENT CITY ATTORNEY GARY SMITH, P.E. ENGINEER WAYNE FORREY, AICP, PLANNER - - J r 'J - LOCATION OF PROPERTY OR PROJECT : fi pd ~~f ~-1 d 1~ '~t'~1 P 1l~ t~2 ~~ See~h'o~ 11 ~~ 3~ ~I cJ ~ JIM JOHNSON P/Z „_.MERIDIAN SCHOOL DISTRICT MOE ALIDJANI,P/Z MERIDIAN POST OFFICE (PRELIM AND FINAL PLATS) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT ~x:: . CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH GRANT KINGSfORO, MAYOR NAMPA MERIDIAN IRR...DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATIOM°DISTRICT BOB CORRIE, C/C IDAHO POWER-CQr(PRELIM AND FINAL PLATS) BOB GIESLER, C/C °.W S: WEST (PRELIM AND FINAL PLATS) 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: ~ E.i y~~. i~~ f'( ~} ~UI~f~IV'J I "%I. 1,1'i }:OVAL ~~ }'(Z}:l,It,]1~~AR)' PL,A1' AND/OR F'INAL' PLAT F'LTINNINi> ANU 7.ONING CUb1A]ISSION 'I'IMF 'I'AL~LE FOR SUI3MISSIUN: T+ regt.rest for pre.]irninary plat approval must be in the City Cler}cs possession no later than three days following t}re reg>..rlar meeting of the Planning and 'Z,on i_n , Commi s: i.on. 7'he Planning and 7,oning Commission will hear the request at the monthly meeting following the month the request was made. Aft=_r a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P. M., Thursday following the Planning and Zoning Commission action. GLNLItA1, 1 Ni'OI:I~1A'I'1 ON 1. N<nue of Ar;nexation and Subdivision, Hav_e_n__C_o_V_e_N_o_.3 _ ______ ___ _ 2. General location, N.~ of Section 11, T. 3N:, R_. 1W.^ ~ - 3 • C~,~rrcrs of record, S.I. Development Inc. _ '~-- -- Ac]dress--3350 Americana Terr. Ste.100, Boi~e7ip 83.706 Telephone 385-055_8__ ~. Appli.cant,_ Same as Owner. Address,T -- 5. hngineer, David M. Collins - -Firm Collins Engr.CoAddress 3350 Americana Terri#120__Boise _, 7ip_83706 Telephone~44-44~] G. }dame and address to receive City billings: Name S.I. Development InC. T,cic':rc'ss 3350 Americana Terr. #100 Boi.ziA83706 __ Telephone-385-0558 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres~.6542 2. Number of lots- {~} ~~ 3. Lots per acre 4~6 ' 4. Density per acre 4.16 `~. Zonir:g classification(s) R-4 6. ]f t.}~1e proposed subdivision is outside the Meridian City limits but within the jurisdictional mile, What: is the existing zoning classification N/A 7. Does the plat border a potential green belt No. - £~. Have recreational easements been provided for No. 9. Ar.e there proposed recreational amenities to the City Np Explain 10. Are there proposed dedications of common areas? Yes. E:x}_~l ain---Landscape strips.__.____.-------^_..,---____-- __-- -__-- }'or f,,i:;.ure parks? Np~ -_-P:xl~l_ain tt7 -;;,1f.:S'1~ }'Q}: 1'h,E;LIT9I}JAI:Y }'LA'P~1,ztin.ing anti ?oninq Commissi-on~>ntinued y nur~~t.TntINARY Pl AT CfIFC 11 12. Ot}ier. proposed amenities to the City None. hire Department Meridian. Other. ^_ _ ~ KLIS7. Subdivision features continued Ldhat sc}rool(s) service the area_ Meridian do you propose any agreements for future school sites Np, Explain None. 13. 'I`}~pe of Building (Residentia.l, Commercial, Industrial or combination), _____ _ RP~ir3Pnti~_. ~~ 19. Type of Dwelling(s) Single family, Duplexes, Multiplexes, other _____! Single-Family 15. Proposed development features: ~. 1~}inirnurn square footage of lot (s) , 8,000 min. s.f. 1>. Mi.nimum square fc>oL-age of structure (s) , 1~_ ,_ c. Are garages provided for,~~~_^ _ __square footage~ariabl,~ __~ d. Are ot}-ter coverings provided f.or --- __~Q._______ _ ~ _ e. Landscaping has been provided for Np, Describe f. 9 }t Trees will be maintainedHomeowners Yes. Associatoion `T'ype N/A remarks None. `frees will be provided for Yes. Sprinkler systems are provided for T.re there multiple units NO i. Arc. t-here special ~;et. b~tc1•: requirenu~nts ~_ , E:xF~lain j. Has off street parking been provided 2 s aces er lot. for Yes. Explain k. Value range of property $ 85,000 to $ 1201000+ 1. Type of financing for development Conventional m. Protective covenants were submitted Ye_s.__ _ ' , Date Submitted with ~ 16. ta<~cs:> t.1te proposa]. land lock other. property No. previous phases. Does it create Enclaves NO. s~`A`rEr~u~N`rs or coMPLlAracE 1. Strc~et.s, curbs, gut:t:crs and sidcwalk.s are t.o be consi:ructed to standards as required by Ada County Ilighway District and Meridian•Ordinance. Dimensions will. be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is i.n conformance with the City of Meridian Comprehensive Plan. Glat.e'r Supply City. Explain (?) /'~ ,' ~'4ollins Engineering Company, Inc. /"'t 3350 Americana Terrace Boise, Idaho 83706 (208) 344-4451 STATEMENT OF COMPLIANCE AND CONFORMANCE FOR HAVEN COVE No. 3 David ~1. Collins, P.E./L.S. 18 October 1993 The final plat of Haven Cove No. 3 has been prepared in substantial compliance with the approved PRELIP~IINARY PLAT OF HAVEN COVE subdivision and meets the conditions and requirements of the approved preliminary approval; it conforms to the requirements of the City of Meridian Subdivision Ordinance and with accepted practices and standards of engineering and surveying. The proposed use is in conformance with all relevant City ordinances and requirements in connecting to City services. All appropriate easements have been provided and street names will appear as approved by~the City and/or County Street Name Committee. All streets and related construction will be built to the standards of the Ada County Highway District and any relevant City ordinances. ~; +'+~; 4' ~,~ < ~N' a~' ~.. "' m' Pf- i1 ~ ~ ~ ..t ~~'• HYDRAULICS HYDROLOGY HIGHWAYS CIVIL ENGINEERING LAND DEVELOPMENT SURVEYING PLANNING `-~ i% _J 1~~ ~ ~ ~ -~U- rte- j /-~ rJ . ~a C ~ ~i' ~~ . ti J ~--' ~ ~ ~ '! ~ ---- '-' ---- - - • !~ ~7 a i- i ... I ~ is.o i~ (n /~! i 1 ~ ~ Soo ~" ' ^ U.1 " ~ ~I ~ .tea 'I,. Iaj w ••LP _ ~ / il: ~' ~ ( r ~ ', / r :, t~ o .,.. . ~_~, ~ ~"'" ~ ° ..° .... lulu _ -_~____.1~ .__ • ~ yi~ ,. _ u u, ~~ ~; . ~ - ~~. ~ o w ~ ~. o .. ~. u ~. ~ ... ~ ~ ~I 1f ~~ ~ ~ '.-- ~' :N I I .~ a 11 ryyO ~ / .. ~ IIFI~ l 1 J ~ .. m ob •~ a W .° 0~ U ~P ~ .. .. .. W > i_=----- --~~__ ti U ~, ` I ~ I b /J 4 u • \ F o _y /~ r' u • ~ ~...;;f`~ ~ .~ ~. a ~- \ ~\ ~ u ~, it /% ~ ~ `i M / 110 ~J ®. I~~ ~` j ~ I~ J ~- ~ ?y • ~V i y`~ ~. c ~I 11 _ ti ~1, V ~ /U~ p ". rc O 4 r i~~ ~ ,~ ~j ~ /~ i !'i ~h .~; ~ ~ ~ !I • ~ ~ • 2 u o 2 ~ ,~` N I `° it I 1 ~ ~ ~ Jtda ~ ~ - ,.~7 ! / ! ~ _ 1 ~., ~ ~~ziN I ~ ° ~ ~g `T^ _ SOO f N ~ • ~' ~ ' ... Y~~~ ~ /. J ~ M Q ` ~. Y J it ti ~ ~~ 2 N ~ p ry ~ _ (/I !