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Granite Creek Subdivsion (fka Rock Creek)HUB OF TREASURE VALLEY • OFFICIALS COUNCIL MEMBERS A Good Place to Live WILLIAM G. BERG, JR., City Clerk CITY OF MERI RONALD R. TOLSMA I GARY D. SM THS P.EYCity Engineer DIAN 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, Flre Chief " " MERIDIAN IDAHO 83642 Planner a Zoning Administrator GORDON, Police Chief W.L. BILL ' JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888.4433 • FAX (208) 887813 Chairman -Planning & Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, may we have your answer by: April 5, 1994 TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4/12/94 REQUEST: Annexation/ zoning with Preliminary plat for Rock Creek Subdivision BY: Kevein Howell and Hubble Engineering LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and West of Locust Grove Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C _BOB CORRIE, C1C WALT MORROW, CJC MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER TCITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & 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: ~\~ ENG~~F ~~ < 92 ~ ~ SURVE% • RUBBLE ENGINEERING ' ,INC. 9550 Bethel Court ^ Boise, Idaho 83709 J 208/322-8992 ^ Fax 208/378-( February 14, 1984 Mr. Wayne Forrey City Planner City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: Dear Mr. Forrey: On behalf of Kevin Howell, we hereby request that the application and legal description be annexed into the Ci ro er P P ty described in the attached The present land use is h' °f Meridian. Property will be single family res dentdialarmland. The present zoning is R-T (.Rural Transitional) in Ada in the City of Meridian. County. The proposed zoning is R-8 The property is directly north and adjacent to the cot and existing R-8 zoning. It will be desirable land use ooation limits of the Ci the subject parcel. ty of Meridian The proposed annexation and zoning complies with th e Meridian Comprehensive Plan, Additionally, we are requestin preliminary plat located on 5.70 acre sand co or the proposed Rock Creek Sub ' family development. This provides a densi ntains 20 building lots designated fordl~sion ty of 3.5 lots per acre. smgle_ The proposed Rock Creek Subdivision will contain n mains that will be extended io service this develo men streets and will conform with Ada Coun ew sanitary sewer and domestic water P t. The streets are proposed as public ty Highway District standards and Meridian City Annexation and Zoning 6.04 on Ustick approximate) 1 Proposed Rock Creek Subdivision Y 600' West of Locust Grove The proposed land use for the entire ~ ~ Mr. Wayne Forrey February 14, 1994 Page 2 Ordinance. All sidewalks within the subdivision will be five feet in wi square footage of the lots will be 6,500 square feet and the minimums uare f he minimum structures will conform with the requirements of the Meridian City O dinan ootage of the Thank you for ce. your time and consideration. Sincerely, c ~n James C. Merkle, P.E. Attachments ~~ Kevin Howell 6901 W. Emerald, Boise, Idaho 83704 Please call if you have any questions. JCM/m f/916.LTR • w 7~ RUBBLE ENGINEERI • NG, INC. y oQ~ 9550 Bethel Court ^ Boise, Idaho 83709 0 SURVEY March 1, 1994 Ms. Sheri Stiles City Planner City of Meridian 33 East Idaho Street Meridian, Idaho 83642 RE: 6.04 Acre Annexation Request Dear Ms. Stiles: • 20x/322-8982 ^ Fax 208/378-03-03 On behalf of our client, Howell Construction, we hereb s documentation for the above mentioned annexation a lica y ubmit the remaining required pp tion. Included in this packet you will find the following: ° Notarized request for zoning amendment from titled owner Item No. 3; Annexation & Zoning Requests ° Legal Description of annexation parcel Item No. 4; Annexation & Zoning Requests ° One Map at 1" equals 100' of annexation property Item No. 12; Annexation & Zoning Requests ° Thirty copies of vicinity map at 1"equals 300' showin anne Item No. 13; Annexation & Zoning Requests g xation property ° Affidavit that property will be posted with a legal notice of Item No. 17; Annexation & Zoning Requests public hearing. These were the remaining documents required to ro application. Please place the above mentioned annexation re Planning and Zoning Commissioners mee ' p cess the above annexation tin quest on the April 12th 9• Thank you for your time and consideration Sincerely, Please call if you have any questions. Tracey Persons Asst. Project Coordinator ~ ~ February 15, 1994 Ms. Sheri Stiles City Planner City of Meridian 33 East Idaho Street Meridian, Idaho 83642 RE: .Annexation Request Dear Ms. Stiles: We hereby grant our permission to Kevin Howell to submit a re uest for our property, located on Ustick Road approximately 1600' west of Locust G ov exation of described in the attached legal description into the Corporate Limits of th a Road, as e City of Meridian. Charles E. Wells ACKNOWLEDGEMENT State of Idaho ) County of Ada ) ss ~~ arY Be ells On this h day of ~X if'S (% . lup j~S and , 1994 personally appeared persons whose names are subscribed to the within instrument andr identified tome to be the that they executed the same. who acknowledged to me is?-~p,[n ~ P ~ n,, n i n- v D tvotary Yu`biic for Idaho Residing in Imo, ,Idaho My bond expires: ~ • • -q~ A ~ ~®~'e m4seO~~~~oea®©~a®~ ~o~j~,f9~w 4 oe ~®TA~y ~q ®s® fit' o . .~ ® o ~: ~ ° AUB~~ ® a [~ ~ ® A V ' . Oe OG b o ~) o" onbrs:¢t~¢ca~t°~ • February 15, 1994 Ms. Sheri Stiles City Planner City of Meridian 33 East Idaho Street Meridian, Idaho 83642 RE: Rock Creek Annexation Request Dear Ms. Stiles: I, Tracey Persons, hereby promise to post a legal notice of public hearin for the R Creek Annexation hearing one (1) week prior to the Planning and Zoning hearin ock This .will be done in conformance with item number 17 of the Annexation and Z date. Requirements of the City of Meridian. oning Tracey ACKNOWLEDGEMENT State of Idaho ) County of Ada ) ss On this ~_ day of ~ (, whose name is subscribed to the within instrument and wholya knowled ed to Persons, executed the same ~ ~ g that she i Notary Public fo Idah Residing in Boise, Idaho 11111111a//li//~~ ~~,• ,~~ ~R Y~FG~Iy bond expires .~ oa ~aTARy~cy ~ . a ~ 'off `G F ~ S ~ B ss ~ `1~~//11111111111,, 11, . ri 1. , / * r--u" REAL ESTATE PURCII F= /1.~~U SALE AGREEMFIJ i ANC) RECE FOR EARNES THIS IS .4 LEGALLY 91NDING CONTRACT.) TIIE ENTIRE UOCUMFIJ'., INCIJJOING THE GFTa@R . AND ANY ATTACHMENTS. C4FtFF 1r.1. ~ NTED PROVISIONS O JMIO REVERSE SIDE t r7nF Su;PrRt(; IF yr,ll It4t/F nrrY OUFStlC,r15, CO r yOIIR A TTORNEY BEFORE SIGNING. 1. IMI'Of1TAN1 -AGENCY DISCI OSIJRF nt ~;jj.. ~;r tad the eg^nt wolkinn with ihr! sehn r p egnnlerl --- /~u „I/ If rI~/~~ ~ ,.,,' II"~ "+'vt vnllkulr y I /Jv~ov 'agency was provided to hinvher in This transar'Gon I,u:h .ar~ i 'ulq~ rho hn nI yr ,m~.enin,t _ / SQ /' ~ - - - ! X11.1+ potty Slglllpg tIP$ dor%pmepl CWIhrmR Ihat prlOr Wr;ilerr dl$raosure p( l c `y to Ibis h 1 , ,aril n has road anti eerier hurls Ihr, contents of the a P I D ~• , t I , 1. , r g,ncy disclosure brochure previously received. TT ' r Q hn ern lPr r ailed B r E w') h ' ---- ~t7) S r ,Idaho 1.6;1~yn ~- 1 t ~ ~ -- '~l~ Et~f>1 ~v( lit. ._ known as f ()~i j ~ ~ 1/t ~) c ~1; JE'Ctt r1ll _ _ r) ar toes tor a Aria; ~ and tj.y~ anti ~ Igoed r,nllrv anlr to srll the followurq rlr.cnhed real estate hereinafter referred fo as "premises" commmo~• City of -.%~1 P ~ t r t ~ County of __.~ tl ~_ _ _ } '- - -- Id~hn, In -_ '--N -- --- -- __ y N+y dnscnbed as _'~ ~ Rt ~+ 1 (A FULL AND COMPLF T E LF(;AI DFSCRIP I ION Ml IS T RF' IN .rF1 I PU nl ; A iTA( HET) F 111tt1i 70 FX[=CIJTION BY SELLER. Buyer hereby authorizes broker to insert over 1 his signnlure the cnnecl fugal dnscliption of Ihn prennses if w , ,ilal•Ir ,I ; 1 2. EARNEST MONEY. he tintr of sirynin{{. or b, r onecl IhP le I 1 `- ga description previously entered it erroneous or incomplete.) 1, (a) Brr r±r h~by dnpnsd$ ns earnr,5t money and a rn, e, 1 Is hereby nl.nr,wlnrlgnd nl--- ~~L'' / (~'~ -_.) evidenced h ~, _ _CV 1L:1'~ 1 ~ (h) Far~esl Monn Y I_ )Cash 1 er~rnlal Cllnir ( J( ,t .bier ; (.hark - --- --------~_dollars 11 y Io bn rlnpn Merl nl hu I ,v;ronrd my m nr.r r door rr { ~ ~ Nni@ Dun [ ]nr---~` I Ind ell r,nhr,^ and vh;dl hold hy: ( ) '~luu1 Rrpknr Il`J,rSClliny Tirok@r ~_._)Olher 1 -------- Irn Ills I nnrld el ihn p pons Iv•u•ln, and ~ l.- „~ shall hold the complMntY exer ulnd broker s copy of Ihr agrr enutnl tort i ; ut•;ponrahle Inr the dosing. ~ ~ ~~~ -~~------- IT (r_) II ail conddiorts hove br+en mM by 1luynr. Buyr r a ul Re Ir.r agrrv (lI II Ihn nanlnsl moony (Inr•" ~---- (Broker) I~ ut lhn event Buyer or SgIIPr cmtnot Cpn~nnntatP Ihn In don la cirr-nul ~ I~nuv; ~- rrerlil report In,PS and any other Buyer's costs) shat! be refunded to Buyer 21 (d) 1 h@ parUP$ agrPC Ihal -_~ r~ ,~h, J , hey nvl Ihmr control. and the "rlo n, - -__ _~ _,,. ..-r .__~ _ • l Lt e Corn tan 2 g agency for Ihrc Iransarhon shall Ire I ~ , .< r ~ , 1 ~ Y span provide ti(le olic and preliminary report of commitment 23 holder shall bn ^_ _ -- _ i Cr ----- P y - -- _ . _ -"- --------______ . If a long term escrow /collection is involved, Then the escrow 2 3. TOTAL PURC SF Ihr is OAe 9~ ~il~ ~ ( ~, 4 DoLLnlis (S._.._ _ Tr 7~ - Payable as follows. / - ~ ~'-'--`~'-----__,_ 2fi (a) $--. --- _ ~(G ~ ~~~ 27 - --- .. (I') R-- - ~C ---- _( ash down, inrludinq above E __ ~• FINANCIN arrest Money (Closing osts are add t G. Ihi rqn mlv,nl I _ I I rhvl a+ nl Ihn puu I,-r:n nv;n ~ C I rOn (a) L) NEW FINANCING. Purr hose, loan h din n , noted ab v 30 r:nnhl,gnnl npr,n the I pryer • r utter, Ih 1 II ,.,~Inq tin: , inq I. ) 1 I U i tl VA, L I (.torlvt,r C71I In' I(,1 f ml IA, U Asurnplionaol exislin 1 nn Ihn revc+rse side hereof.) Buyer shall p y np mou. Ihan_. //pp fol I ,,„rl nl !V~Ye;,r^ at 11~~„ per annum. (II FI In or Vn loan is sought, read the applcables)rovision 31 rln (Ilhr.d hll'111Ch1q hrrt II/II In P%! Led ~/~,~ I N`~- Iv,inl plus rnigina0op ten if any. SPllm to pay only the discount points necessary in order to obtain above 33 u,inl.a Any unlur.hnn in l ell; •:hall lu^I nrrrun kt Ihn hrnmlit of the: [_][iuyer ^SeIIPr P S 32 fb) ( ) nSSUMPTION. fiuym I t A ,SUMI ui I j--(will n ( jwdl not 1 r uapl1il'r~ I lyrrpcdily for an t=XIS I ING LOAN(S) of approximately $~~ al no more than ';, with monUll ,a mmtls of approxinnlely $-- -~y.l ^ Divided F I II 34 This a reemenl Y T Y © ^does ^dncs not roqulre Lender to rnleaso Snllol's liahilily~e of loan-~~{ ~- 35 Buyer shall apply Tor such loan or assumption within three (3) banking days after Seller's acceptan a oT this agreement. Including [~ p If an appraisal is required under Buyer's linanr'inrl crmtinyencV, prmni$ns nntst • ,{,raise at n less 1 an p rrchase i e.. ^ I ~ T ~ I. 36 5. OTHER FINANCING, TERMS AND/OR CONDIT70NS:_ 37 - ---------- -- -- - ---- t r~ _ 39 __ _. ___.----____-- _ 40 _. --- - ---- -- -- 41 6• SELLER'S RIGHT TO CONTINUE TO MARKET THE PREMISES AND ACCEPT OTHER 4z crmhnuc In m trkPl IhP prenu sand acre >I other oilers suh'ect to ltn •n 43 set IPrlh in Paragraph H,, t"nll br. a .v I I OFFERS. ibis agreement provides for Ih@ S@Iler fo 4n _ ~~ P,~ Or mmoval rtf all contrngnnrins m Pnl:.,graph N5. / (a) ~ (Closing of __ /~ ~ r ughl ;n waive nr rnnun'P the lollowinq c</Jtlingencies. any waiv@r or removal of any conliny@ncy as 46 listr d with-, _-_- - 7, ~~ .. on qr before _ /V Upon t+aiver or removal of Ibis ronln,gml<y B rynr warrants Ihal nlnrnrttn luprls needed to close will bP avail and Thal 47 conditlorted upon sale andior Flo.^,rny of an ----- 48 (b) ^ Other (sperify)_ Y Property. ~ /~ Buyer's ability to obtain financing is not 50 IF TI IIS AGREEMENT IS SUBJ eller's right to continue to nnrket Ihn --- coniinue to otter the herein premises for sale and to accept of!ms a} Ilia such time n : salrl contingencies have been waive 51 /// _ premises and accept other oilers as specified in Paragraph N5, Seller shall have the right to 53 another pccPptable offer to purchase, Seller shall give Buyer N[<T._ r:onhngaor'iPS in writing within the set calendar days entail above. Ihnn This Agreement shall be Ierrnir o d or removed by Buyer Should Seller receive 54 catenrlar days written notir..e of surh offer. Ir; Ih@ event the Buy@r do@s not waive or remove the 55 oT terrnm~tior,. In the evr+nl the Bayer dons waive or rncovn Ihn r nnhn( nnr.Inq tat _d and all deposits returned to Buyer less ev nl Ibis agroemont notwilh ;Imullrul Ihnl Ilrn Innns of 41n now alter ran hr, oven n4icr, to IhP Buy@r or Iheir representative or Iwo calendar rh lothrwinr I 'the Ftn er ;Ilan >rocnerl In turrh.asn the remises under Ihr. re penses incurred to date 56 y 1 { P V or tars lavombin. Notice shalt brt considered givn_n on Ihn. earlier of'eilher personal lelivetry of 5R police. All polices shall be sent to Ihn addresses shown on this ~9rPnnlnrd I hn date of mailing evidenced by certification of the postmark on the envelope containing such 59 %. ITEMS SPECIFICALLY INCLUDED IN THIS SALE (il I l In / vn linancinrl is sought see item 11 17 nt revmse side 8. ITEMS SPECIFICALLY EXCLUDED IN THIS SALE:_.___- ~ ~'-_- )- t`~e ~~ ale h ~~ so to GZ r r A A ~ ~~ -- ._._ 62 9. COSTS PAID BY: rosr$ in addrfiop to those k,lnd below piny he incurred by RI,yP-r/artd S-feller. Unless o lerwise agreed fret --- h~--_ 61 'endr.•r Bu er shall purchase Se11Pr s resnvP nrcount if loan asslrnq,L,m. - YesNo PurchasPl s Extended Coverage Trlle Pofir. ,t~ ein, or provided by law or regal 84 If requested by lender or otherwise slated herein, the below r•tiGrsew ~I(f~~ ~ aid a'n~ premwm pall by /Y yvq s mdirated. _ • Se@ it-._-.~m a 2~ on reverse side. 66 Costs loan -~- Paid By Appraisal Well Pumpflnspect. Code Inspect Lender or Contrail and/or _ Assumpt. Inspect. Septic II Required BUYER Code Document Tax Closing Long Term ------ __ -- -- .__ Repairs Pre Service A9enPS Escrow N/A -___~/"_-- _ F _-/_~ --- - ~ _ _ -- _ - , ~ Fees ----- ----- SELLER _. - X ~'C _ _ -~----- ---~--- - ._ _---- ~ SHAREEOUAILY ---- -- Cost of lender or code repairs not to exceed $___ be rto later titan V A E 10. CLOSING, on or elute the closinq~at@, gayer and ballall dPp~sil with the closing agency all funds and instruments necessar t 11. POSSESSION. agar shalt b@ entitled io posse 1~1 Yocum fete the sale. The closin date shall 67 9 ^other "Closing" means ilia date On Wl11C11 an dOCUrtIPntC are e+ilhef mcoldefl nr accepted by an ecr•raw agent and IhP sale proceeds are available to Spl g 68 (usir Ihn last available as^ .s$njenl as a basis), real^, inlomsl and resnlvnro, lions, PnnurnbmncPS nr obligations assunmd and utilities shall bP ro.ra 69 _~Q, f t _ ~ [ ~ )~~~ JL P ter. Taxes and water assessments 7~ 12. ACCEPTANCE. Buyer's orfa I~$'m'a~rl-P--e-- Rtryrr shall pay for I Inl in tank, amount to bn dPinrminnd by IhP supplier al Seller's @xpen$@. Idrjnra to the arrnplnn,;o nl ,r•inr on or hnlrrln 12x10 rirlock midnight of P tail as of II Seller does not accept this agreement within the time specified, the Pntilc [arnrst Money shall be refunded to fiuyer on demand. 72 13. TIME IS OF TFI 73 t_isting Ago .• . __~e E~SEtJ~E ~ T1~IS AGREEMENT. ~n THIS IS AN ADDENDUM TO A PURCIIASE AND SALE Af;Ir'FM(-N I, f1FAD f11F FNrlll~ O(1C71MFNr, IN';LUpING ANY ATTACHMENTS, CAREFULLY, 1 BEFORE SIGNING. IF YOU HAVE ANY OUESfYUN5, COIJS11Lr YOU!, ATrORNFY AErU11E SIGNING. 2 This is an ADDENDUM to the Real Estate Purchase and Sale /lgreernent and Receipt for 3 a Earnest Money Dated: ____. c~-tJ •.~ ,.? -- - - --~~ -_..__ ~ 19 _ _ ~ J _ _ _ I D ~i _ .2 ~0 9 ytP ,C )~ ff J r~ ~ r /l ADDRESS: _ 1Oy I 1 1 5 --- __ _ BUYER S ~ e ~• ; J,/ r~ s O -------'~-------cw ~_..__._ __ ~Vcj~: ~ ~~r ~ i aim 1 - _ _ _ ___-__ ____ _ ____--___-_- SELLER (S) _ O~1~c ~C ~ ~ac f 7 __ I C /~s --- - The undersigned Parties hereby agree as follows: s -- --_ _ _ -- .-- -- - _- ~' r1 rel~~ OvT pv I' ~ dliL -- ctn ~ . -~ c .-mac, (s I ~' l ~s'll !h c v l 1~ 1t~ p W n I It / t, -c.Cd I r ~ r 1 ~/ r _ / tt VIl I __... - ---- ---- L4'..~ ~ r q .~6~ t~f4~,. _ ~/:S -t (D S Il h ~ h/: ~ r 1~ = Iv `11 k ., ~,^y~ -- ----- -- -- f 12 !Il Q 11 r(' Q I'1L S 7 rf ~ /t I /~` .__ I q ~ ~' ~~o ,-con '~~r ~ ~ 7~'~ ------..... c~tT"_t~-`' ~v~- ~lt~~rs v o" _. ~_r. 7~._ ofr r_ - _ --- - 1 1 --- 0~ ~ e' SV~r~rv,s-e:_ f;.- ~c _l~o~s . Sep/~c~ a ~ ~• ) -- _ __ .~. ~ ~`o .t; c~ ~ r ~ is ctne~ mai!l'~'~t 111 I ~ J ~ _ --------------~---- -- ~CC ~ _ ~cC_n ~- TrOt~ --------•- - 17 - ---- - ---_ _- -- ) I y~ _ - - ---- ---- - --___ 3)_._~1C1 Cvf____ ~tVL'__ ><~.~ /1v~ av 18 ~_ ~ r>t f Sf 110 s~ 11 V' Q A ~ • -- - S 1 PV 'I~ _,,_ ~ ~ ~ is --- -- Fe-Cl ~_~.-s._ .1 p ~l ~/ 20 l~e" ,~C:, ~'qr-~ metiT Of sC' ~~t ~o~srs _ r 21 ----- ) ___ - T/l1J r •' - 22 -- --- n ~ o ~1 ~r- /, r s -1-0 ,t,L 1 f _~ - _ j ---_ -- ~~~--_-cc.~l~Yvc_T'1Cr. t-~ ~l~_~° sa•~H~~v~SIIC~ 23 _. _- - _ r - ----- ------- -- 24 ---- --- ---- - - - --- I J - _- -------- ----- . y S~ / C ~- ~ v a r f - - R ?- . _ ~) Hi N.. ~ 1 1 J 25 I ~- - f ~ -----------`-----! ~ I ~e ~ 26 v ~7 CT __ ____ -- 28 -------------- •~~ _ Sa /~ ~ --- -- 2s 1 ~-- - - c _.. It e-- _ cvc~ ~_s.~o a N__-~c_~~/ __a l~ a" _ - ------- -----___._.---~--- --------- 31 -- _ 32 ----- - -. _. _ 33 34 35 36 ----- - 37 39 40 The herein ac~reernel~t, upon its execution by both tlarties. IS I7laric+ an 1.,(0,,..,1...._, _~ .~_ _~_ al .• ~ •. AIIG-11-199 15 ~ 33 FROM . C I T1' OF MERIDIAN .. _ ' TO ...... - -- 3?80329 P.02 • APPLIATION FOR ANNEXATION APPROVAL &_ ZONING OR REZONE MERIDIAN PLANNING; AND ZONING COMMISSION FILING INFORMATION I. GENERAL INFORMATION Rock Creek Subdivison_ _ (PROPOSED NA?dE OF SUBDIVISION) ~~~~~ NE ~, Section 6,_ T.3N.,, R.lE., B.M., Meridian, Ada County (GENERAL LOCATION) Attached (LEGAL DESCRIPTION - ATTACN IF LENGTHY) (OWNER{S) OF } {NAME) 208)888-5916 1001 Ustick Road, Meridian, Idaho 83642 (ADDRisSS ) Howell Construction, Kevin Howell (208)375-3012 (APPLICANT) (NAME) (TELEPHONE NO.j 6901 W. Emeriald, Boise, Idaho 83704 (ADDRESS) Hubble_EngineerinQ, Inc. James C. Merkle X208)322-8992 (ENGINEER, SURVEYOR OR PLANNER) (NAME) (TELEPHONE N0. 9550 W. Bethel Court, Boise, Idaho 83709 {ADDRESS) City of Meridian (JURISDICTION(S) RI~QVIRING APPROVAL) (TYPE OF SUBDIVISION - RESIDENTIAL, COMMERCIAL, INDUSTRIAL) +50 _____ ACRRS OF LAND IN CONTIGUOUS OWNERSHIP. (ACCEPTED BY:) (FgE) ~ '`' "~' RUBBLE ENGINEERING INC. ~9ti ay 9550 Bethel Court ^ Boise, Idaho 83709 .208/322-8992 ^ Fax 208/378-0329 URVE WELLS 6.04 ACRE ANNEXATION DESCRIPTION 3/1/94 From the corner of Sections 5 and 6, Township 3 North Range 1 East, and Sections 31 and 32, Township 4 North, Range 1 East, Boise, Meridian, a distance of 1,593 feet on a bearing of: South 89°58.7' West to the place of beginning; thence South a distance of 452 feet; thence North 89°58.7' East a distance of 105 feet; thence South a distance of 450 feet; thence South 80°52' West a distance of 200 feet; thence South 61°08' West a distance of 152 feet; thence North 0°00' a distance of 1,007.0 feet; thence North 89°58.7' East a distance of 225.6 feet to the place of beginning. Containing 6.04 acres, more or less. Prepared By: Hubble Engineering, Inc. *This description was written from data of record, and not from an actual field survey by Hubble Engineering,Inc. is\452.des .'~.~.i ,5~ r r r rr _ ~. :. HEAL ES~il1TE f'UFiCIi/~SE /~-lU~F /1UflEFf~1F.:J! i ~1NU RECEIPT FUR NEST MONEY '" THIS IS 41_T:GALLY 9111DING C(1NTHACT. READ illE E1 pOCUP,tEhl?, IrK'I nD1NG TH[ (;Fr!rt1A1. PRINTED P SIONS OM THE REVERSE3IDE nrm ANY ATTACIIMFNfS. CAnFFNr.I v, 9r'r•)nF gp;r,lll(; IT vnu IIAVF rally Ol1ESt1(,rlg. CONSII(r YOUR nTTORNEY BEFORE SIGNING. 1. IMPUf1Tl1fJ1 - /1(:FNCY UISCI.OSIJRF. nl ~; • • ,. ~ / s' /' - _ ,i~~.n l~nl;ll I ,~;,....~,,,~. ^,r. r.r„nl vn nkrnr r!I~Ihn hnyr, I I __._v Vv j. 1 •; I rr ,rn~r.nln, ~ ~ and h,r all^rtl o:Ol klr ut rvlllt Illn colter tryvn•;nnlerl _ __/t ~ ~- /r~~_ -- --- -----.-__._ a7Pncy Was lnnvidrrl to bomber in This Innsa(•liur f tell ,ai~ k, Illi: 1.;, arri + ~ - - • rll.lt I,nrly t0yr101f1 rltis rk)r;umwd cunhrnrs Ihal prior wr';Ign tlisraosure of I Y r Isar. enact and ~mrir•raranrls Ihr contents ul the agency disclosure brochure previously received. ) 7 r ID~~ I ] i 1 ' 'l / j~0_L_s..~= ___ Idaho ~Ay~~-y -2 ~ 19~ (i r t., (hn•rvn~'Iw ~ e~`R~ r) a1', n(.c to~ (nl`r•I~•t ~• a,trl If~!f' un~l iq,;^.I ':~•ur,r ;ml,,r.~ In c~~'I ihr~fnllr,wing rh~rrilied real estate hereinafter referred to as "premises" comrrronly ~'11 -. _ .. --- - - -- ---- ---/f--y City ul _m e=~ r C, a_ --_ (;aunty nl /~_r>]t- -.-... _ _. Idaho. Inuau,; deccnh^d a~ -~~---~-~-- ~t1l c' _ (A FIJLI_ ,AND COMf'LFT[ LFGAI [~FSCRIf'11(1TJ f•11L.^.1 RF R1`~~FtI f U r v; n f ~ A('I II'f) I'f11r)R 1n FY,FCIJTION RY SE(LER. Buyer hereby aulhori~es broker to insert over his signalum the (•nnncl legal drsr•~il,lion of Ihr hrrlnisr`.^, if w~.;•;nil;d•h• at iln~ binn rd ~igninrl. nr I" r ,,,,,,rl Ihr Iryal drsrription previously Cniered iF erroneous or incomplete.) 2. EARNEST Il10NEY. 1 _( (a) Ru rr herd y deposit^. n^, rnrue^,1 ntntey and a rr rrn,{p-1 i^ Ilnrrhy a~ I•nrr.•~Ir•drln•I nl___.. O~ C ~ /1 ~~J i~:l'~ q ($_~~_~-._------_) m•nlrncrd hy: i ](:aeh I~''rr~rnal Chnr.lr -- - ------ dollars 1r';t^.hinr ; ('heck 1 1Nnlr Due ( ]nr (hl (anm~l iv1nn^y In hr rlr It ,"ilnd in hu~•I ar r cord nlt,nt ar rnl,l uu I•, :III I~alh„^ noel •.hall hnkl h r _-_ _ ~~' v. 1 ]I~^.liny fhnkrr ~ellinq firnkrr I_ ]Ulhrr ----- - -. . __..In Ihr Irnnr•111 nl Ihr l,.uUr ~, hru•In rand A ~- ~ XC L ~~„!~ -" shall hole' the rontplrHely rx r ulr cl hrnkn ^, r npy nl Ihi•: , ntrrnlr nl and ir. nr:pnnsihlr` Inr Ihr closin("f. ---- - (BrokP.r) (c) II all crnulilion.^- have bran nvH by Iluyra, [irrynr mrl Sr'Inr alpn,+ p,nl Ihr nnnvsl nvntry (In^,~ nnrlil rrpnd Ines, and any other Buyer's costs) shat! be rehutded to BuyC in Ihn event Ruyrr or Rnlirr c;uuu,l ,pn:,rnnm:dr Ihn .;, In ,Inn I•, rirrnnl~a:vu:r^ hnyr n,rl choir cnnh nl. (rl) The pmtirs agar. Ihnt ____~'C_? f N f r ~ I ' . - - ...-- ---- -__Titlr Conq)any shall provide. ti11C policy and prCliminary report of cornmilmen ant 1 tr "cin;ing agenO Inr Ihrs transar,LOn sllnll he / ~ ".! r t ~ (r•- -- , holder scoff br _-_ " -~-- - - -- - --- -_ . II a long lean escrow / colleclmn is involved. Then the escro _ _ _ ._----- 3. TUTAL PURC;k(~,F~'~ICr IS, (~~P ~ ,.,~.1 ~ ~cl ~r X 3 ~ n- --- -- Payable as follows ~ -^_-L---`- _ ^ (a) a- _'----`-~~•` /-,7~r ---- Ra•:h clown, inr;hrriinq abrn•r, Earnest Money (Closing costs are additional). (It) ~-- - C Ii:,I:u,rm nl Ihn Innr lcr••.^ Itricn (f.i I I'. oral inr:helrvl). 4. FINANCING. II,I.: ;,r,r•r?nr+rll is nrndingrnt nl„nt Ihn 1luyrv •:nrnlinq II,,. I~dl~,:;nnl tin: ~ ~nul I 111I! I I VA, I I r,nnv, I..11I IA, f..l Tml IA, (J Assunydinn nl rzisliny Inan(s).I_)Ulhnr. (al L.] iJEW f11JAN(:1N(7 T'urrhasr Iran hahncn a, ranted ahQQv Inr • r••~p•rl nl N~yn;u.; al ilr~„ per annum. (II FIIA or 'JA Ivan is souyht, read Ihr applicable provisions nn Ihn reverse side hcrrnL) Ruyn shall p: y nn nlnr Ih;ut_1•/(~ hnbds. I,he: nriyirnliun frr if any Seller to pay only the disco_unl points necessary in order to obtain above rlr~,crihnd linnncinq hul oral In rxcnrrl. Jw1.~. l,notL: Any uvluclinn nr I',•inl•: •:Icdl lira arr'nrr In Ihr benefit rl Ihr: []fttr rr i .]Sc+llrr Ibl ~ ) ASSUMPHOiJ. fhrym Ir, A ;';1R~11 and ~..~Hdll n ~ ]gill oral hr, u•rpnv I br plnlily for an F?!IFIIN(~ ('URN(S) of approximately a, Divider) Err Illyi at no more Ihan '„ Wltll Ine111h1Y paylilnnl5 rF appr0%Ililatr!IY ¢_. __.-~'~ __~'/f- This agreement [] does ^dr~es oral mr nice Lender to rrlrn~r Gnllrl's liahilil 1 v, %{/~,~ Including [] P [] I ~ T ~ I. I y YI I,I loan _ Buyer shall apply for such loan or assumption within Three (3) I)m)kh)q days after Seller's acceptance of ihrs agreement. IF amappraisal is required under Buvrr's linanrinq andinyrotcy, ~remisns ran.^.I y,praise al nrylCsS I~a~ r,)rrrha~i ry'q ~~ t J r 5. OTHER FINANCING, TERMS AND/OR COtJUIiIONS: ~ ~ t_ _q _c c. d dd O . SELLER'S RIGHT 70 CONTINUE TO MARKET TFIF PREMISES ANU ACCEPT OTHER OFFERS. This agreement pruvides For the &eller to cuntnnre In ntarl(rl Ihr premi^.ns and nrcrpl nlhr?r ullnrs Suhjera In fh rynr l: right ;n waive rr rnrln,.n Ihr 1nlloWlllg cn 11111genCICS. Any Wa1Vrr Or removal OF any CC/IIInOCnCy aS set Irrlh in f';t(aoraph h5 v tll br. a Ived rn rrrnnval nl all cnnlingnnrin^. in Pmagraplt N5 l (all--]Closing of -_ __(Y ~~! -_ / /~ liatrd wlllt_ -- - -' rte rn hnlnrr._---~ --- _.M I ~ .._ _.. - -- l.lpon r;aivrr nr rrnlrcal nl Iles cnthnrtrny IJ rynr wananl•: Illal rnlr•rprarr lun•I nnedrd to close will hr available and Thal Buyer's abihly to obtain finaneiny IS not condrl+onrd upon salC and/or clo.^,uty M any properly ---- (b)L~Other(specily)- _ __ ti_~~~ IF ilil.^, AGREEMENT IS SVRJECT TO Seller's right to continue to ntarkel Ihn prerni•:es and accept other offers as specified in Paragraph b5, Seller shall have the right to coit!inue to offer tho herein prernisrs for sale end In accept nl!n,^/u dil sncL• linty ~.: smd conlingencirs have been waived or removed by Buyer. Should Seller receive another acceptable tiller to purchase, Seller shall givC Buyer /vl.~_ralnurlar nays tvrilten notice, of such tiller. Ire the event the Buyer does not waive or remove the CCN~IVt4nnr:IFS in welling wilhot the set rnlendar clays r;nirrl ahrn•r then Ihi. Agrenrnenl shall b^ innninalnd and all rlrf,osits rehmted to Buyer Isss expenses incurred to date of lernvnation In the evrrtt the Rnyrr don, W;uvr rte remove Ib nnlinrp~ trim Ills Ru)rr ;hall pmrend In pnrr:hasr Ih^ prenrisrs Ilndnr tho rernaininq Iorms and conditions of Ibis aOrr(rn^ut nnlwilh^.ImuGnq Ihn) tl lr• Innns nl the now nllnr nlny I,r, n,nm ur I^~s favorable ilnlirn ^.11:111 he f.nlr^,I!In red yivrrl nn III(! e8111Q/ of ellllnr i)CrSenal rlr_IivCr • nF nc•lire io Iltr Buyer or their rrprrsrnlalivr' or Iwo r:alrndar dray: fullrtr:ing Ihr (tale of mailing evidenced by cnrrification of the postmark on Ihr, envelope containing such notice. All notices Shall bra ,oral fo Ihn addresses ..^.hown on this ayrrnntrnl y . ITEMS SPECIFICALLY INCLU[)EU IN THIS SALE ill rl IA / VA lin;trrr•inrt is enuttltt srr it^m h 17 rot reverse side)` S~' ~ C( A~ ---- ~' h r1 ~ NL-- 20 r 21` 22 t 23 w 24 2s 2fi 27 28 29 30 31 32 33 34 ctrl 36 37 38 39 40 41 42 43 - 44 45 46 47 48 49 50 51 52 53 54 55 56 57 5f( 59 60 C, I t etc.) ' ~ ~ AUUENUUM ~l _.. .---- ( ' ~ nE ~ltO~m THIS IS AN ADDENDUM TO A PURCIIASE ANt) SALE A~a~ -f1A1~N1. nFAI) Tllr FNT111r ryttr.flMFNf, IN';LUDING ANY ATTACHMENTS, CAREFULLY, BEFORE SIGNINO. IF YOU HAVE ANY (]UESIIONS, CONS;UI-t VOlt!~ AT TORNFY REr(.ttlFS SK:NING. This is an ADDENDUM to the Real Estate Purcatasr~ and Sale nyreement and Receipt fo~ _ -. C.1t, J r. ~ y _ Earnest Money Da1ed:.__-_._ ~ . r ~ ~ ~ ~ b Gov ~ ~,,---vs ~, ~ I~ ~~~ , _ __~, r~ ,_a , ~ L ADDRESS: __------- __ BUYER (S) --------- rti~C !l -~__ _ _ _ ---------- o~~c (c d-_-~a~ _ SELLER (S) _------- ~ -- - The undersigned Parties Hereby agree as follows: I ~ ~f t h _ ,, _ --... t 1 „~ ~Q,. /1 C: Ses toll'--_ _ ____- Y t -. ' I C t 2 3 a 5 s 7 8 s to _----------- 11 ` - --- .~v rQ~x~C All QvT ~v I 1 drti Stt t 1 --- -- t -. .a ~t -cit,' li cry'----t' n-'- ~ t~ t ~ J 13 ~ ~ ~t: ~ r It ! v 1, 1 _H. ;' _-.._J^-y__y_~ --__ ~ F ~srtsT~vc.'~I,~ •` S~~ ~~r-- a. rq~'-r --~°_.-_..vc~~ e~ is V r t I L\ CC ~ _ ~ t.n (I 1, I l Q jl- ~__ .- _-- t7 to - - -- ----- - - ' ----------- ~-t vQa ~>` ~- e is ~~ e~ r1 - Dy . ~p'vf rS -- --- ,. -----•--- •~ 22 l _-----~ ---- - ---- ~ --~-- ~--- ._.- -..- . ,\ x ---0 -- ------~, I ~G h C 3 ~~ r-__ ~ /l t---t'~ ~0 23 , r S ---- - ------ -- - ~' t -- r --- cc~ Vvr rC ~ - -- ---- -- 25 ---- - - --- _ - -- r Y ------------- ----- ----- -- -_ ---- -_ ~ J ~~~ ~' a ~~ r rc ~ r_Ja. 2s ~y) __ sP~/C.~----`l~' v"rS R-- - ~ i- ~ eve irh - 27 .-_- - f •' • ~c ttk c ~• r ~ • _ ___ - - _-to__. -_ 2s ---- ---- ---- ----------- - I / --- ~-v I r c(v e- - l e -- _ February 15, 1994 Ms. Sheri Stiles City Planner City of Meridian 33 East Idaho Street Meridian, Idaho 83642 RE: Rock Creek Annexation Request Dear Ms. Stiles: I, Tracey Persons, hereby promise to post a legal notice of public hearing for the Rock Creek Annexation hearing one (1) week prior to the Planning and Zoning hearing date. This will be done in conformance with item number 17 of the Annexation and Zoning Requirements of the City of Meridian. Tracey ACKNOWLEDGEMENT State of Idaho ) ss County of Ada ) On this /-~ day of ~ ~ , 1994 personally appeared Tracey Persons, whose name is subscribed to the within instrument and who acknowledged to that she executed the same '~ l ~, Notary Public fo Idah Residing in Boise, Idaho ` ,~~g\R Y'lI pF'~y bond expires ~ ,. o~• ~~~ y . o ® o c =s~ o AFB LoG ~'~: 'r S~ff~~d~K t 4"0~~~,,~ fs,~l ~~~ \,9~ ~O~,,o, /j//11111111\\\ February 15, 1994 Ms. Sheri Stiles City Planner City of Meridian 33 East Idaho Street Meridian, Idaho 83642 RE: .Annexation Request Dear Ms. Stiles: • We hereby grant our permission to Kevin Howell to submit a request for the annexation of our property, located on Ustick Road approximately 1600' west of Locust Grove Road, as described in the attached legal description into the Corporate Limits of the City of Meridian. Charles E. Wells ~~i ~ ary Be ells ACKNOWLEDGEMENT State of Idaho ) ss County of Ada ) On this _ ~ (r ~-bL day of ~ ° { r {(, ;~ ~ , !'~-}1~~~ ! f ~ E~ ~ (~'~ ! !S t , 1994 personally appeared and ' ~1~.'~~ (~~~-i-t-t i,U' ~ I ~ known or identified tome to be the persons whose names are subscribed to' the within instrument and who acknowledged to me that they executed the same. Notary Public for Idaho Residing in '~G~ -;,~, ,Idaho My bond expires: ~ ~:-1tt -~~ ~~g£eC na®sT aRSS®~,Po ~09~ !^ r ~ ~IT n ®A~~ ~ ~ V m ~:`~A u m o m9® ~ „cam a ~ t~ , V ~ s C ,, ~t~, v`~~c'9l~~' sf9S~`~~~` • Y REGIUEST FUR SUBLIVISION APPROVAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING ANL ZONING COMMISSION TIME TABLE FOR SUBMISSIDN: A request far preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at trie monthly meeting following the month the request was made. After' a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures ar,d documentation are received before 5:00 P.1~f. , Thursday fallowing the Planning and Zoning Commission action. GENERAL INFORMATION 1. Name of Annexation and Subdivision. Rock Creek Subdivision 2. General Location, NE ~, Section 6, T.3N. , R. lE. , B.M. , Meridian 3. Owners of record, Charles E. and Mary Beth Wells Address 1001 Ustick Rd. Boise ID Zip83642 Telephone(208)888-5916 Kevin Howell, '4• Applicant,Howe11 Cnnctriirtinn Address, 6901 W. _F.meralri_ Boise ID 83704 `-. Engineer. _.JameG Markle Firm Hubble Engineering Inc Address 9550 Bethel Ct. Boise, ID Zip 83709 Telephone (208)322-8992 6. Name and address to receive City billings: Name Applicant Address Telephone PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres-._5.7 2. Number of lots 20 3. Lots per acre 3.5 4. Densit '~ y per acre 3.5 5. Zoning Classifieationte) Existing RT with proposed R-8 <<~ ,, - - .. : ~9~:~ ~1' .. ;~ . 6. 7. &. 9. 10. 11. 12. ~ ~ _.... If the proposed subdivision is outside tt,e Meridian City Limits but ritt,in the jurisdictional mile rhat i~ existing zoning classif1cation~T the Goes the plat border a potential green belt No Have recreational easements been provided for No Are there proposed recreational amenities to the City Explain ~_ Are there proposed dedications of common areas? No Explain For future parks? N_ o Explain What school is ) service the area -Meridian propose any agreements for future school sites dO You Explain Other proposed amenities to the City X Water Supply X Fire Department _Sani tar Ra icr Other _ . Explain Z's• TYPe of Building (Residential, Commercial, Industrial or combination) Residential 14. Type of Drellingts) Single Famil other Famil Y. Duplexes. Multiple.ces, 15. Proposed Development features: a• Minimum square footage of lotts)~ 6500 Souare Feet b• Minimum square footage of structure t s ) pPr Ordinance c• Are garages provides for, X square footage_400 Sa. Ft. d• Are other coverings provided for ~o e• Landscaping has been provided for Y~~. Describe Covenants require landscaping for building lots. ;~ t2) -"~ }•. 16. f• Trees will be provided Sor _No Trees will be maintained 9• Sprinkler systems are provided for h• Are there multiple units~o Type remarks i• Are there special set back requirements No Explain J• Has off street parking been provided for ~_, Explain k• Value range of property-.A~ximately S80 000 5115 000 1• TYPe of financing for development Standard m• Protective covenants were submitted ~_,~ Date Future Does the proposal land lock other property_No Does it create Enclaves_ No STATEMENTS OF COMPLIANCE: 1• Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five t5) feet in width. ~• Proposed use is ir, conformance with the City of I7eridian Comprehensive Plan. ~• Development will cor,r,ect to City services. 9• Development will comply with City Or•dir,ances. ~• Preliminary Plat will include all appropriate easements. E• Street names must not conflict with City grid System. ,F. t3) -.~..~, ~,..;•. ;l~ ~~I~ I ~~~ ~ ~~ ~ 1~~ i QI ~~~ i~ol I ~ ~ Ipr! `-0---- T ~ i~ s.CQ. f ~„ :,. r ; ~ _ ~=:; f ~~ ~ ~~' • ` \~~ ~~ Z 4 , ,'` ~I ~ ~ ~ I _ ~, Jy \ ~,i ~ E 3 ~~ I ~ .Ot.PY_a0 'Y~ ~ Z I 4 ~ ~ ! C ~~ '~ vn~i~t1 /j~••i I' -~ I'~' ~ M !f i ~ ~ i I yt '~Y ~9 d~ 3¢ 3 ~ •ti I![.I i ~,I i ~ i a ~! 4~ ~~ ~ g a _I ~ ~ ~ ~` gi'~I I ~I ! v I z $a a~ ~~ ~~ 3 ~ ~!p '~.~ I i Y R 3T P n . T'~t I i I I ! O I Ij{I3 ~ Ih 9 ~ ~ ^~~~ ' Ib ~ i 1 ~ r 8 ~ ~~ I~ ~ ~~~ F`~ ~ _ ~~r° . "' I ~ -----~~~.~~~~~~.~~~~'rrrrrr~~~~``IIIlllffffff ~ ~Kti ~ +~~~ I ~'~i, , ~ IiI ~ Ci n - ~ I I ~ ~,~ •s ~nteurNS •; I ;i~ : ~ i$g~ _ I ;ice h 'I ~~3 I (', N iJJ Rif tCtt ~ ~ ~• `i ^ .]O\l' ~1 ~ I W ~ I /r ~ y ~ k ' 11 '~ ~ ` ~s7 ,IK ~ I e $ I i i. I .y, ~ ~ ' ~~ ~ l y ~ ~ itltl~~b y CS ~ 6`~ ~r 1 x.u '~ ~~ W NH i I: !. ~ is • ; :ati~-a .l - - _ _:. ~ I``~ I ~ ~~ a~ ~ fly ~I : x ~I ~ e • ~ A ~ ~~1 ~Iq 'I ~ ~! ff ~ -nl I ~' I ~ i~ ~ '',. il .~ ~ v° ~ ``~~ ~ • r ~ ~''~ ,` t // ~ i L ' ~ ~~~ ~ ;' A ~~ ~ i • _.. ._ ~ _.. -- - -- - - ~ ~ O b-01y •~~~i~. j . ~f . i:. ~ _ _ ! ~ ' ( ~ N ro O '~ 1 ~_ l ~ ~ ~ ~ n i• N ~~ ~lnis~ ~ '31111 1 rp \ N ~ 3 Wldn ~ ~ ~ ~ ~ . 3 p ~~ • ' ~ r\ y ` ~ ~ o a ~ - N n W o ~ .~ ~ - } y~~ul ~ W m v ~ ~ ` ~ ~ ~ ~ ~' ~~ ~ Ss ~~~ J ~• ~ t`. '~' N h ~b ° ' i ~ ~ ~ ;~ t ~ 3 o C ~' °' N ~ ~ o ~, , N co ~OJ ~ ~ ~ ~ I ~-. 03 ~' o /b1 b ,~ ~ PO ro _ ~ iy . ~~ tea' '~ ~ ~ ~ ~l. -. ' 4J m •• I n "' ~O - ~ e R; . .~~ ...•.r ~ ~~ O /0 2 . ~ _•~••~• t ' •_ ~ ._ __.. _ ._ _ __ .__._ .. . M ~ '~' N M '~ ,~ ~- N M ~A '~~ N Zr ~ -~ -~ ~' M N r n _ o N 1` N O '' ~ ~ ~ ~ ~ ~~v~e •N °' ~ ~ b O b N ~ ~~ ~a-• - ~ ~ . ~ C r I s~ ~. t0 Ml N ~~ - MONS 'N Y ~ 'M ~ h " N a rn M D~ U h ~ ~ .., N ~b n ~ ~ .- M ~ ~ v ~ . . . ~ d0 r- ~ ~ '.~ ~i ~ o d~ n y pJ ,,, ~ / ' / ~i.. p N ~ N Q' ,n "' ~ P .- M ~ ~ ~J~ 9 O ~• ~ L ~ ~ ~ ~ ~ ~' a ~ n a v h ~ IQ th ~ * .- •- ~, "' •W n o --- - l , • ~ N ~ C ~ ~ r f r w m .+ w ~ ' ~V v\yo O` \URVE% • ' RUBBLE ENGINEERING INC. ---~~ "c~~ ~~~ wur[ ^ Boise, Idaho 83709 Project No. 93158 PRELIMINARY BOUNDARY ROCK CREEK SUBDIVISION 208/322-8992 ^ Fax 2081378.0329 February 11, 1994 A parcel of land located in Government Lot 2 of Section 6, T.3N., R.1 E. County, Idaho, more particularly described as follows: Commen ' ' B'M., Ada common to Sections 5, 6, 31, and 32, T.3N., R.1 E., B.M., thence North 89°4 ' ~~ along the North boundary of said Section 6, a dista sing at the corner POINT OF BEGINNING, nce of 1593.00 feet toshe REAL thence South 00°35'06" West, 450.40 feet to a point; thence South 89°26'12" East, 105.00 feet to a point; thence South 00°35'06" West, 460.31 feet to a point; thence South 74°51'34" West, 72.17 feet to a point; thence South 79°08'05" West, 66.28 feet to a point; thence South 79°21'28" West, 164.28 feet to a point; thence South 68°26'52" West, 37.79 feet to a point; thence North 00°35'48" East, 815.19 feet to a point; thence South 89°46'40" East, 95.41 feet to a point; thence North 00°35'06" East, 104.38 feet to a point; thence North 46°34'15" East, 34.23 feet to a point; thence North 00°35'48" East, 45.00 feet to a point on the North bounda Section 6; ry of said Page 1 of 2 ,' ;" • thence South 89°46'40" East, 105.38 feet to the Point of Beginning. Containin 5.70 acres, more or less.. Subject to right-of-way for E. Ustick Road. g Prepared by: RUBBLE ENGINEERING, INC. D. Terry Peugh, P.L.S. DTP/bh/846.des Page 2 of 2 • j .~ ... ._. ..... _ . . _. _ ~ --- •- ~- - .•~ - C yob, .~ ! N ~ }I ~•',+wien •N a '3Ab' 13W1b'/1 1 e ~~ ~ L t ~ ~ 3a ~ ~. O m a Q - N H v W p ~ o ~ ~ 1 ~ ~ 6' ~ ss ~b~y •~ y :J 3 ~ ~ ~' ~ w - - - ~. C ° ~ ~? o ~' Q m ~ ~ o ~, , • 4.. N ~ _ ~o -. ~ t.~U O j ~ 03 `~~. ! o ti~ ~ N Q ~ ,fib w •~ .I h N J~O OI ~~O ~; - ~ '~ N M .t ~- N M ~ , f~ N it . _e K \1 ~ _- ~ 0 O ~ ° i ~" ~-~ N ~ - ~~0'18 •N a ° N ay - ~ ~,. - m ~. s~ ~. b M N -7 .., i O~ ~- - MONS 'N ~ H Q '~ ~ N O y ^ ~ M ~' h ~ v~~ '!! O~ ~ o~ •- 4 ~0~~' A .~ i h J ~ ~i ~ N = ~ ^ ~ r.. ~ J~~ 4 O' ,.• w M ~ ~ OC i N ~ ~ ~F ~ ~` ~ ~ ~~ ~ ~ ~ .~ ! •W n O .- M PROPERTY OWNERS WITHIN 300 FEET PROPOSED ROCK CREEK SUBDIVISION Jack Riddlemoser, P.O, Box 373, Meridian, Idaho 83642 Shirley Brown, 2795 N. Locust Grove Road, Meridian, Idaho Wanda Stewart, HC33, Box 1105, Boise Ida 83642 ho 83706 A.L. Frederick, 965 E. Ustick, Meridian, Idaho 83642 Charles Wells, 1001 E. Ustick, Meridian, Idaho 83642 Clyde Snider, 1165 E. Ustick, Meridian, Idaho 83642 Meridian Place LTD, P,p, Box 7727, Boise, Idaho 83707 Helen Davis, 585 E. Ustick, Meridian, Idaho 83642 Sara Ewing, 1500 El Dorado, Suite 4, Boise, Idaho 83704 E. Brinegar, 1639 Conant, Burley, Idaho 83318 John Wilder, P.O. Box 1064, Eagle, Idaho 83616 Glenn Baird, 7253 Cascade, Boise, Idaho 83704 Leon Johnson, 1570 E. Ustick, Meridian, Idaho 83642 Todd Newsom, 1370 E. Ustick, Meridian, Idaho 83642 Ted Hepper, 43 E. Fairview, Meridian, Idaho 83642 Leonard Justice, 1150 E. Ustick, Meridian, Idaho 83642 David Fisher, 1042 E. Ustick, Meridian, Idaho 83642 Ustick 40 Partnership 9103882 2820 E. Ustick, Meridian, Idaho 83642 Howell Construction, 6901 W. Emerald, Boise, Idaho 837 04 i:~136.rpt ~ ~ NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of and the Laws of the State of Idaho, that the Planning and Zo the City of Meridian City of Meridian will hold a public hearing at the Meridi nmg Commission of the Street, Meridian, Idaho, at the hour of 7:30 an City Hall, 33 East Idaho of reviewing and considering the Application o fon April 12, 1994, for the purpose zoning of approximately 5.7 acres of land located inKevm Howell for annexation and 1 E, Boise-Meridian, Ada Coun the NE 1 /4, Section 6, T. 31V R tY, Idaho, and which roe South of Ustick Road and West of Locust Grove Roa p ~ is generally located on annexation with zoning of R_g, d• The Application requests Further Applicant requests Preliminary Plat approval of the described for 20 single family dwelling lots for Rock Cree parcel of land above k Subdivision. A more particular legal description of the above pro ert i Clerk's office at Meridian Cit p Y s on file in the City Y Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. qn persons shall be heard at said Y and all interested public hearing and the public is welcome and invited to submit testimony. Dated this 22nd day of March, 1994 WILLIAM G, BERG, JR., CITY CLERK ~ ~ NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of and the Laws of the State of Idaho, that the City Council o the City of Meridian hold a public hearing at the Meridian City Hall, 33 East 1 f the City of Meridian will at the hour of 7:30 daho Street, Meridian, Idaho, P-m•, on June 7, 1994, for the considering the A purpose of reviewing and pplication of Kevin Howell for approximately 5.7 acres of land located in the NE 1 /4, Section 6 tion and zoning of Meridian, Ada County, Idaho, and which property is en ~ T' 3N, R' 1 E, Boise- Ustick Road and West of Locust Grove Road. The q g li erally located on South of with zoning of R_g. PP cation requests annexation Further Applicant requests Prelimina Plat a described for 20 single family dwelling lots for Pproval of the parcel of land above Rock Creek Subdivision. A more particular legal description of the above grope Clerk's office at Meridian City Hall, 33 East Idaho S ~ s on file in the City inspection during regular business hours. trees, and is available for A copy of the Application is available upon request. A persons shall be heard at said public hearing and the public i ny and all interested to submit testimony, s welcome and invited Dated this 16th day of May, 1994 ~~,~ WILLIAM G. BERG, JR., CITY CLERK "~ • ,., _ _ ~ ~ •~ O b'Ojy- ~ •~• ~ ~ ~l~~t'~ 157 ~ i ~ : `;~. T.. /~ ~ ~ ~'. ~• ~ . ~ , e ~ . iwien 'N ~ '3Ab 13 Wlb, 1 ~ _~ ~ .. 0 9,~ j~ • r O A O _ N M `i _ y 7.~ ~ ~ ~ OI (O 1 a ~ ~ `` ~ } y~ `~ cn "' '~ ~ w _ e :J ~ ~' o~ ~ ,S „~ 7 ~~ ~ ~ i ~ _ Q t v1 Q ~ ` ~ O ~, o, ~ '" ~ ~ ~ o \~ ~ a e v. .y f~ .I ~ _ ~ ~ ~ m i a?' ~r .i n N J~ m t ' ~~- -_ _~... ~ o DO '_' c ^ e J . `•~ N • ~~b'18 'N ~ ; ^ ~' w e ~. •y ~ O 1 ' M r ~; sin A m M N ~' ~ ~ ti - ~ MONS 'N Q ^ '- ^ ' N O .. .V•~ ~ M1 N "'}~~TT~111 ~ M ~ 'v~~' '' N .fib n 07 .- ~f ~ ~~ n m N N QQ, I.J M a tt ~ ~ ~ r' M I ~J(D Q O `-a N w ~p (, ~ • q o • ~- r. O p~ ~ b ~ • n i Meridian City Council June 21, 1994 Page 6 Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZO CERTAIN REAL PROPERTY WHICH iS DESCRIBED AS A PORTION OF THE S NING OF THE NE 1/4 OF SECTION 9, T.3N, R.1E, B.M., ADA COUNTY, IDAHO•W 1/4 PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the public that wool AND Ordinance No. 651 read in its entire ? d like Ordinance No. 651. ty Seeing none I will entertain a motion on Cowie: Mr. Mayor, I move we approve Ordinance #651 with suspension of the rule s. Tolsma: Second Kingsford: Moved by Bob, second by Ron to approve Ordinance #651 with sus ensio the rules, roll call vote. P n of ROLL CALL VOTE: Morrow -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #5: ORDINANCE#652 -ROCK CREEK SUBDIVISION ANNEXATION: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONI CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LANG SITUATED IN THE NORTHEAST 1/4 OF SECTION 6, TOWNSHIP 3 NORTH RAN ND EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIE 1 DATE. Is there anyone from the public that would like Ordinance No. 652 read i VE entirety? Seeing none I would entertain on Ordinance #652, nits Tolsma: Mayor, I move we approve Ordinance #652 with suspension of the rules. Cowie: Second Kingsford: Moved by Ron, second by Bob to approve Ordinance #652 with sus ens' the rules, roil call vote. P ion of ROLL CALL VOTE: Morrow -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #6: ORDINANCE#653 -ROBERT GLENN ANNEXATION: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONI NG ~ ~ Meridian City Council June 7, 1994 Page 45 MOTION CARRIED: All Yea Kingsford: Next item then would be to have the City Attorney pre are a ordi is your desire. P Hance if that Yerrington: So moved Morrow: Second Kingsford: Moved by Max, second by Walt to have the City Attomey re are annexation and zoning ordinance, all those in favor? Opposed? P P an MOTION CARRIED: All Yea Kingsford: Next item is to deal with the Preliminary plat. Morrow; Mr. Mayor, I would move that we approve the preliminary plat for Dakot Estates subject to staff conditions. a Ridge Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the preliminary plat for Dakot Ridge Subdivision conditioned upon staff comments being satisfied, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #20: PUBLIC HEARING: ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR ROCK CREEK SUBDIVISION, 20 LOTS Y KEVIN HOWELL AND HUBBL ENGINEERING: E Kingsford: At this time I will open the public hearing and invite the owner or his desi nee to speak tlrst. g Jim Merkle, 9550 Bethel Court, Boise, was sworn by the City Attorney. Merkle: I am here this evening on behalf of Kevin Howell Construction the applicant. T " application consists of a 6.04 annexation with R-8 zoning and a 20 lot single famils preliminary plat on 5.7 acres. This is a density of approximately 3.5 lots per acre. This project is located directly west of the Finch Creek subdivision and Howell Tract subdivision. We are about 3/8 of a mile west of Locust Grove along Ustick Road and the Meridian City Council June 7, 1994 page 46 Howell Tract is a reliminary plat approval with R-8 zoning, eek roject has had p to the south is the Finch Creek, cn~{oi m tSasTt„e Finch Cr P ro arty arcel not within the Y recorded plat. The surrounding p P Creek, the prope~Y to the west is a vacant P uare #eet and a minimum of the Finch an average of 9,0~ sq resently there is no applicant is proposing lot sizes having ss to the subdivision p sad. Acre 3 4 use the Finch Creek subdivision wiU not be un e 50 s uare foot home sizes is propo the east subdivision. 1 access to the subdivision beta til later this year. There will be a single access rom ro osing ruction un existing 15 acre site to the west are not pntp Pate const a stub street to the ears. We We are proposing ear or several y thi 9 roximity to the entrance of Howe~loTract subdivision. •n s o will be under development in a Y •e~ to the west of as 9 access to Ustick Road due to the p to rovide a third another access to Ustick Road o deem it necessary P Dine Also there will be pistrict they did n us in dealing with the Highway hway n Ustick on the south side in addit~e bui t to thelHig access within an half mile alo 9 36 foot streets, 5 foot sidewalks as ere. The streets within the subdof sNay'as usua w bdivision from along th District's standards with 50 foot of rig Smith's and Meridian. Sewer and water will Id k tod ddress Gary ve wou required by the City ~ ou ha Finch Creek once Finch Creek iWCOnstructed. a ritten response to their comments.and Shareb th have Shari's comments 1 prepaWere in your box earlier and 1 think G ry resentation 1 made e them in your packet, they basically a to go through each one ~ them I will These summarize the co an ennts I made an d like to look then also. & Zoning 2 months ago. If You w articular one I woul at Planning He talks about wanting a stub asically they address each of the ~~mment his #5. feet maximum set but b response to Gary in excess of 450 at is number 5 on my so my street, he talks about a culdesaa in thisplocation ein the Ian shows it is not en exc hat ssueo I betlieve on by the ordinance. And thew Y Des not need a variance. So I need a clarification o I belt issue which is the Finch Late`rNaol u aol ke opirnon it d Shari's comments she talks about the gree is not within the limits of the eard earlier tonight Bedford Place ahich is to the was • le Slough which you h articular subdivision that fea II Tract, (inaud~b ) to point out on this p o osing the subdivision is the Howe ision. Kevin Howell who is Pr P r the future city path on the south. That is already subdiv l inaudible). 1 think that to realign the Finch lateral (inaudible) fo answer any comments at this time cation. So that comment doesn'te o IIY aPP Y ( installed at this to ouches the h~9h PO1nts of their ~mments 1 would h t ifl~n• in sford: Questions for Mr. Markle at this time? i ation and all those K g ressunzed irr 9 orrow: This subdivision will (inaudible) for all the p M things that we want. rovide pressurized •s ro sing to coordinate that with next door and p Markle: Yes, Kevin i p Po ~ ~ Meridian City Council June 7, 1994 Page 47 irrigation. Tolsma: Does the Howell Tract subdivision (inaudible). Merkle: (Inaudible) I think if you look in your ACRD comments with' a vicinity map that shows everything within a 1/4 mile or a 1/2 mile of the s cket there is don't think it shows the Bedford Place because this was submitted robabl ubdivision. I P y before that. Tolsma: (Inaudible) Is there any proposed development (inaudible . Merkle: Not to my knowledge, I understand that some developers r realtors approached that particular landowner but to my knowledge there has been nothin ~r agents upon. g agreed Tolsma: You have a dead end subdivision, no place to get in_ or out. Merkle: Until the property to the west that is correct. Tolsma: ACRD was negative on their street going out to Ustick Road? Merkle: Yes they were, when they looked at this particular subdivision the whole 1/4 section developing and looked at the ultimate design of it. An looked at the rather not have this access they would rather have the access that the no they would Tract and the one that will be proposed to the west of this. y w m Howell Morrow: Is Mr. Couch's parcel the little "L" shaped thing? Merkle: No. Mr. Couch is further west, this particular 40 acre i is the Bedford subdivision and I believe Mr. Couch is over herece right here Mr. Morrow Morrow: And the little notch in the upper right hand, what wo those are existing houses. uld be the northeast corner Merkle: Existing houses not owned by the applicant. Kingsford: Any other questions for Mr. Merkle? Anyone else from the u ' like to offer testimony on this issue? Seeing none I will close the ublic h blic that would members. P Baring, Council Morrow: I would like to have Shari run through her comments, she is r proposal be denied or tabled to a11ow the applicant to reconsider develo m mmended this p ent features ad ~ ~ Meridian City Council June 7, 1994 Page 48 ' s to achieve community goals as adopted in the Comprehensive Plan. work with city official Could she enlighten us on that? Shari Stiles, 33 East Idaho, was sworn by the City Attorney. rrow, Mr. Mayor and Council, I believe I wrote this memo prior to Stiles: Councilman Mo oin on with that South Stough and didn't~raaSize th nk thave been knowing what was g 9 realigned and not be a part of the subdivision. The wa Y on out there It was showing what was going addressed, we didn't have all the vicinity map at That was the reason for s to what this subdivision was, it seemed to be out with no access o real confusing a of the ACHD maps detallmg th anything but we have since g that comment. ed on Mr. Merlcle's response to your letter ane Com rrehensi ~e Plan. Morrow: Are you, bas toni ht are you satisfied that it meets the gatisfiedathat h stconditions have been met by 9 And I guess a quick question that Gary Is s Jim's presentation. Gary Smith, 33 East Idaho, was sworn by the City Attorney. cou le of comments based on Mr. Merkle's comments to my review Smith: 1 just have a P a vicinity map showing land area use for a osed plat area with streets and existing zoning. Jim's comments. My #2 comment was requesting a whatever I needed. I half mile each way from the pro s available but he would proved eat is the vicinity comment was that ACHD map reliminary p I ut this guess my thought there is that a requirfr m ACHD until 1 30 before the meeting. ~ a that map and we don't get the vicinity map Imost all of the submittal because I don't get le En ineeringhd d pr vide that comment on a I don't get them, I think one recen unitmo seer where this subdivision lies in reiati{was vicinity map. It gives us an oppo~ Y enin in a particular area. I think Shari Stiles a o i~eede Ita s1 alnd how it is what Is happ 9 a little confusing as to what, at least to her and to of er osal or what is being built. e to the connecting to what is there, wha st eetto the weslt~ as J m said when the pro ~ in excess My #5 comment concerning the velo sand the stub street continues on then {hat theocu' Idesac sl longer than 450 west de P obseryatlon of 450 feet in length• Right now it is my t in m opinion is a means for turn arounson for my comment t at feet. The stub stree Y o inion that you function the same as an eyebrow inex st neto~st there bight now it is my P with this develo culdesaclt n excess of 4509eet. have a 450 foot orrow: Question Gary, your calling that (inaudible) lower culdesac. M . ~ ~ Meridian City Council June 7, 1994 Page 49 Smith: Yes, as Finch Creek develops on over here where actual) this there is no doubt it is more than the 450 feet. What this is here, even tho still a culdesac (inaudible) and may not. gut y wasn't here then like Jim said within a yearuor 2 years this probably will develop everything else is. Morrow: We have no submittal at the present time that it is develo in . P 9 Smith: Correct, so right now from this point this is a culdesac, in m o i ' y p neon. Kingsford: How does that differ Gary, from the previous request that w about a stub street to the north getting away from the block length is that a were talking of an issue? the same kind Smith: Similar yes, the block length again it would only be appro riate P once the property on the end would develop. But at least in that case the provision has been st a shortened block so you don't have this whole length you just have this a arted to have Maybe I am splitting hairs but it is just, it probably won't be an issue anp rt of the block. made a comment that it is a long one way in, one way out situation. d Kenny Bowers Tolsma: You are utilizing one subdivision to be an access to another sub ~ ~ ' division without access to a city street and we have the same problem down here on another subd' ' ' coming in (inaudible) because you have to go 3 blocks out of your road to ivis~on the subdivision. It is big, long dead end street you can't get there inaud' get back into have a problem whether ii be emergency medical or fire or whatever. ible), you really Smith: I don't know, may this is an issue that Wayne Crookston will n or not. 1 don't mean to create a problem but I don't want to overlook an ~ o estigate requirement for a culdesac length if that is what it is. rdinance Morrow: My question would be the reason for the 450 feet is emer en respect to the culdesac. I think the other issue here is to me this seems like it f what we call a piece of roe 9 cy services with P P rty, it doesn't make any sense to access it on Ustick because we are trying to keep Ustick as a major arterial without a bunch of little roads r and out. Maybe what happens here is that we give a little to et a I' unning in feel more comfortable if the property to the west was somewhere in t le. I guess I would he process. Tolsma: What we could do is what we have done in the past is em Ustick as such time it is developed to the west. ergency access to Morrow: But Ron you don't have any emergency access to Ustick. ~ ~ Meridian City Council June 7, 1994 Page 50 tilize one of those lots as emergency access until such time a spot Tolsma: Well, you lust u develops west and utilize your lot (inaudible). ord: Jim, what are the widths of lots 1 and 2 up there or Gary? Kingsf Smith: (Inaudible) uldn't fly, we would have to have an unbuildable lot until such time Kingsford: So that wo that it develops to the west. Bets develop then the culdesac (inaudible) OCe thn the middee bull Tolsma: Once the str have the a to the west then it is (inaudible) because then t eY s to the west or ss that they can get to and from that road to the break way they have the emergency acre rrier or whatever. That gives us an (inaudible) in case that eve op en we are not in violation of the ordinance ba somebody decides not to do that over there t either. r developer be willing to put a deed restriction on either Lots 1 or Kingsford: Would you 2 for a temporary exit? that he would rather have that than have it dee een~ta ~SShink Merkle: It is my opirnon that is in the best interest of the residents of the city to have that em e ible what are we looking at, we have required some sort, how far ar Kingsford: (Inaud ) we looking at. Smith: (Inaudible) e need a couple loads of gravel to do that. What is the Council's Kingsford: W willin to represent that he would go along with that in lieu of the Merkle: I would be 9 opposite. Tolsma: (Inaudible) oint out that Gary is right and it is an interpretation of what the Merkle: I would like to p culdesac, the ordinance doesn't define what a culdesac length is. ,t our concern is without a doubt safety. I don Kingsford: You can look at it either waY, to back a rig out of there if there is a fire and want to have firemen hung out there trying t would be my recommendation to Council that we look at a dee so forth. Well tha ~ ~ Meridian City Council June 7, 1994 Page 51 restriction either on 1 or 2 for a temporary ingress and egress for that until th complete to the west. Any other questions that you had for Gary? a road is Morrow: No, Gary has commented on everything that Jim had comme comfortable if you are comfortable. nted on, I am Smith: For the record I appreciate Mr. Merkle returning comments on appreciate Mr. Roylance and associates doing the same. my comments, Morrow: And I think I would like to make a comment Jim, the fast time o had a discussion and I think this is ve Y u and I met we walking through these in terms of trying to analyze all we get here sow rably in terms of e have some clue as to what is going on. I like what I see on both this project and the next ro'e are representing, and Dave Roylance did a good job also. I would mi~orhat you comments. Gary's Kingsford: 1 closed the public hearin were they any different Counselor?g~ what is the Council's pleasure? You have findings, Crookston: Iyo Morrow: Mayor, I would move that we adopt the findings of fact and con for the Rock Creek Subdivision as passed by the Planning & Zonin clusions of law 9 Tolsma: Second Kinysford: Moved by Walt, second by Ron to approve the findings of fact of law as prepared for P & Z on the Rock Creek Subdivision, roll call vote. d conclusions ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Tolsma -Yea MOTION CARRIED: All Yea Morrow: How do we go about the procedure of getting what we dis 1 or 2. cussed with either lots Kingsford: We have to do annexation and zoning and you do that ' annexation agreement, which would be the next item to have the City Atto Heard to the annexation and zoning ordinance. y prepare Yerrington: So moved ~ ~ Meridian City Council June 7, 1994 Page 52 Totsma: Second second by Ron to have the City attorney prepare annexation Kingsford: Moved by Max, osed? ordinance, all those in favor? OPP MOTION CARRIED: All Yea reliminary plat, then likewise Kingsford: Thep I• inary plat. combine that in to restrict that lot, entertain a motion on the pre im rove the preliminary plat with the exception that Morrow: Mr. Mayor, I would move we app e culdesac bordering Ustick Road be designated as an emergenc either lots 1 or 2 on th access. Yerrington: Second lat conditioned Max to approve the preliminary p Kingsford: Moved by Walt, second by en access until the road goes to upon having either lots 1 or 2 be reog d d as an emerg cY the west, all those in favor? OPP MOTION CARRIED: All Yea NG: ANNEXATION AND ZONING WITHER ANDLIHUBBRLE ITEM #21: PUBLIC HEART OR WESTDALE PARK NO. 2, 39 LOTS BY MAX BOESI PLAT F ENGINEERING: will o en the public hearing and invite the owner or his designee Kingsford: At this time I P to speak first. the City Attorney. Jim Merkle, 9550 Bethel Court, Boise, was sworn by nt this particular on behalf of Max Boesiger th a ces~n a nutshell. It is Merkle: I am here this evening ro ect kind of has the same problem as the last one, one long P } ssroads preliminary plat at the edge of the Meridian Impa~ Area. located east of the Cro •on and preliminary plat this is 38 single faRi_I8y zon'ng.1 The The application for annexati cres which is approximately 3.2 lots p~ om 7,~0 to 12,000 square foot. Due to the a lot sizes in a range applicant is proposing will be a ~te it is a wide narrow site, it is not wide a Ma9h s p~oPos 9 ee s, geometry of the si lots. Home sizes, Westdale width just provides for some real deep o along generally with the existing act Area which is an Ada County subdivision minimum of 1500 square feet which g subdivision No. 1 which is in the Boise Imp `,`~ ENGIiyFF` • `' ~N HUBB ~ LE ENGINEERING, INC. 9550 Bethel Court ^ Boise, Idaho 83709 920 SURVEy~Q~ June 7, 1994 Project No. 94023 208/322-8992 ^ Fax 208/378-0329 RECEI`IEI~ JUN - 7 ~gg~ CITY OF MEK1UAN Mayor Grant Kingsford City of Meridian 33 East Idaho Street Meridian., Idaho 83642 ~: City Engineer and City Planning and Zoning Aerators Comments for Rock Creek Subdivision Preliminary plat Dear Mayor Kingsford: The following is in response to the City Engineer's comments dated 4/9/94: 1 • This is a true statement. 2• A vicinity map is included in the highway district packet, if Gary Smith nee than that we will provide it. ds more 3• This will be submitted to the City Engineer as it will be necessary to the f mal plat. 4• The dimension in the legal description is correct, we had an error on the correct distance is 460.31 feet and this matches the Finch Creek boundary.p~ The 5• The cul-de-sac shown on the prelimin approved the preliminary plat as shown and does note requires another'. ACRD Ustick Road as there is one to the east from Howell Tract and there will bean to b to on the property to the west. We do not believe a variance is required, er 6• The benchmark for the too a h is a chiseled square at the northeast c orner of the west headwall at the South Slough culvert on Locust Grove. 2602.35. This is the same datum as Howell Tract, Cougar Creek and Finch C eek Subdivision. ~• The bearings shall conform to the legal description. 8• This will be found during our final drainage design. • Mayor Grant Kingsford June 7, 1994 Page Two 9• This is correct, • The following is a response to the Planning & Zoning A~~sti'ator's cowmen 4/11/94: is dated 1 • The proposal does comply with the adopted Comprehensive Plan. 2• The greenbelt Ms. Stiles refers to is to be located just outside this subdi Finch Creek Subdivision. The applicant participated in the reali vision in Lateral. lament of the Finch 3• A development agreement will be required. 4• The city will be presented with the CC&R's at the final plat stage, 5• Pedestrian access will be provided on the sidewalk at the at the two stub streets. 6• A vicinity map is included in the highway district packet. If Ms. Stiles nee than that, we will provide it. ds more ~• All lots will have 6500 square feet exclusive of land that is used for highways, alleys, roads, rights of way, irrigation easements unless the water is conveyed through pipe or the and included as generally run along the lot lines, and land thata is used fors the conmy~ce of irrigation water, drainage water, creek or river flows. Please feel free to call if you have any questions. Sincerely, J es C. Merkle, P.E. cc: Kevin Howell is\763.1tr • • MERIDIAN CITY COUNCIL MEETING: June 7 1994 APPLICANT: KEVIN HOWELL AND RUBBLE AGENDA ITEM NUMBER:~_ ENGINEERING REQUEST: PuRi is ucwn~.,.._ __._____ AGENCY COM-- MEN,TS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTAHCED COMMENTS CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: SEE ATTACHED COMMENTS ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ~,o~~ ~ ~ ~ Z~.~ ~~~/~ ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: SEE ATTACHED COMMENTS US WEST: SEE ATTACHED COMMENTS INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: ~~~~~~~~ `~ u,rh~ OTHER: HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., City Clerk A G OOd Place to Live COUNCIL MEMBERS JANICE L. GASS, Clty Treasurer /'~) T r RONALD R. TOLgMA GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. `/ 1 j • 1 J ( ITY O H ~ ~y RIDIAN MAX YERRINGTON ROBERT D. CORRIE JOHN T. SHAWCROFT, waste Water supt. KENNY W. BOWERS, Fire Chief 33 EAST IDAHO WALT W. MORROW W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MERIDIAN, IDAHO $3()42 SHARI STILES Planner ~ zoning Administrator Phone (208) 888433 • FAX (208) 887813 JIM JOHNSON Public Works/Building Department (208) 887-2211 Chairman • Planning & Zoning GRANT P. KINGSFORD Mayor MEMORANDUM To: Mayor, City Council, Planning & Zoning Commission. From: Gary D. Smith, PE Date: Apri17, 1994 RE: ROCK CREEK SUBDIVISION (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. A portion of this parcel's boundary is contiguous to a parcel of ground being platted as Finch Creek Subdivision, previously annexed into the city limits. The annexation description does include the adjacent one-half of Ustick Road. 2. Submit a vicinity map showing the land area for a minimum of 1/2 mile each way from the proposed plat area with streets and existing zoning. 3. Submit Ada County Street Name Committee approved street names and subdivision name. 4. The southerly most north-south boundary dimension on the east side of the plat drawing does not match the legal description, the scaled or Finch Creek dimension. 5. Even though a stub street is shown to the west, the street serving this subdivision is still a culdesac and exceeds ordinance requirements. In my opinion a variance needs to be requested or the street needs to be extended to Ustick, which would appeaz to be the more acceptable alternative. 6. A reference benchmark should be shown for the contours. 7. The boundary bearing directions should conform to the legal description. 8. The highest seasonal groundwater level needs to be established to facilitate setting of foundation. 9. Sewer and water service will need to be from. the proposed Finch Creek Subdivision. 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 S t • HUB OF TREASURE VAL LEY A Good Place to Live CITY OF MERIDIAN KENNY W. BOWERS, Fire Chief ~'p ~ 33 EAST IDAHO W.L. "BILL" GORDON, Police Chief MERIDIAN, IDAHO 83642 WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) gg7~813 Public Works/Building Department (208) 887-2211 ~~ GRANT P. KINGSFORD Mayor T0: Planning &~Zon/ing Coa~sion -ayor and Council FROM: Shari L. St~ p annin~~' - g & Zoning Adeinistrator DATE: April 11, 1994 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman -Planning & Zoning REC£~~~~D Q~'~ ~ ~ ~~~If SUBJECT: Annexation and Zoning with a Preliwtinary Plat for Rock Creek Subdivision The request for zoning to R-8 generally coeplies with the Meridian Coeprehensive Plan. The Cooprehensive Plan indicates a park is needed in this area. The parcel is located along the South Slough, and no provision fora greenbelt is indicated in the application. The Applicant needs to coordinate developlwent plans with the Pathway Plan. RequireAent for a develop tent agreeaent applies to this project. The City will need a copy of the protective and restrictive covenants for this subdivision to be recorded at the tine of recording the final plat. Pedestrian walkways to provide linkages with adjacent developlwent need to be addressed. Applicant needs to provide a detail showing actual roadways and pedestrian circulation paths in relation to adjacent subdivisions. Access appears to be very lieited. All lots ^ust aeet requireaent of 6500 square feet exclusive of easeaents. Based on the above, I recoiwiwend this proposal be denied or tabled to allow the Applicant to reconsider develop tent features and work with City officials to achieve coa~eunity goals as adopted in the Colaprehensive Plan. ~ ' C~Op~I BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION KEVIN HOWELL ANNERATION AND ZONING NE 1/4 Section 6 T. 3N. R.lE. B.M. Ada Count ROCK CREEK SUBDIVISION MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on April 12, 1994, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Ida ho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing through its engineer, Jim Merkle, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for April 12, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the April 12, 1994, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to FINDINGS OF FACT AND CONCLUSIONS OF LAW HOWELL/ROCK CREEK SUBDIVISION Page 1 • • 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 six (6) acres in size; the property is south of Ustick Road and West of Locust Grove Road, directly west of the Finch. Creek subdivision. 3• That the property is presently zoned by Ada County as (RT) Rural Transition and the proposed •use would be for R-8 Residential type development; that the Applicant states the subdivision lot size would be average, around 9,000 square feet, that there would be 20 lots in the proposed subdivision; that the Applicant in its subdivision application states that the minimum square footage of home would be 1, 300 square feet, that there would be 3.50 lots per acre, that there would only be single family homes, that all lots would be 9,000 square feet; the Applicant, however, stated that the minimum house size would be 1,350 sdquare feet. 4• The general area surrounding the property is used agriculturally and residentially; that the residential property is developed in the R-8, Residential fashion. 5. That the property is adjacent and abutting to the present City limits. 6• The Applicant is not the owner of record of the property, but the owners are Charles E. and Mary Beth Wells, husband and wife; that the owners have submitted a request or consent to this Application for annexation and zoning. FINDINGS OF FACT AND CONCLUSIONS OF LAW HOWELL/ROCK CREEK SUBDIVISION page 2 • ~• That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 8• That the entire parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9• That the Application requests that the parcel be annexed and zoned R-8 Residential; that the present use of the property is for agriculture; that the intended development of the property is for an R-8 subdivision and the subdivision Application states the density would be approximately 3.50 dwelling units per acre. 10. The Applicant's representative stated that the subdivisions access will be from Finch Creek to the east; the streets within the subdivision will be built to the Highway District's standards with 50 foot of right of way, 36 foot streets and 5 foot sidewalks; that sewer and water can be provided to the subdivision through the Finch Creek Subdivision. 11. That Jim Merkle addressed some of the comments of City Engineer, Gary Smith, and such comments of Gary Smith and the responses of Jim Merkle are incorporated herein as if set forth in full. 12. That comments were received from the Fire Department, Meridian School District, Ada County Street Name Committee, Central District Health Department, Nampa & Meridian Irrigation District, Idaho Power Company, submitted comments and they are incorporated herein as if set forth in full. 13. That in response to a question by Commissioner Johnson, FINDINGS OF FACT AND CONCLUSIONS OF LAW HOWELL/ROCK CREEK SUBDIVISION Pale 3 • • Mr. Merkle stated that the R-8 zoning request was made because the lots have substantial depth; some of the lots will be 65 to 70 feet in width and 150 feet deep; because we have some monster lots in there that we don't feel we want to go with the R-4 frontage requirement of 80 feet; that the surrounding vicinity is zoned R-8; that we would not be in excess of the density we propose. 14. That the property is shown on the Meridian Comprehensive Plan as being in a Single Family Residential area. 15. 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.- 16. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots. 17. That the property can be physically serviced with City water and sewer. 18. That the R-8, Residential District is described in the Zoning Ordinance, 11-2-408 B. 4 as follows: n-o riealum Densit Residential District: The purpose of the (R-8j Districts is to permit the establishment of single and two (2j family dwellings at a density not exceeding eight (8j dwelling units per acre. This district delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two (2j family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal Water and Sewer systems of the City of Meridian is required. FINDINGS OF FACT AND CONCLUSIONS OF LAW HOWELL/ROCK CREEK SUBDIVISION Page 4 • • that the R-8 zoning district requires a minimum of 1,300 square feet to be included in houses in that zone; that the Applicant's representative stated that the subdivision eventually applied for would comply with the neighborhood. 19. That 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 arrangements), .~~ "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 HOWELL/ROCK CREEK SUBDIVISION Page 5 "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 the City Engineer has previously submitted comment in different applications that a determination of ground water level and subsurface soil conditions should be made; that such a comment is equally applicable to this Application. 25. That in prior requests for annexation and zoning in this area the previous Zoning Administrator has commented that annexation could be conditioned on a development agreement including an impact fee to help acquire a future school or park site to serve the area and that annexations should be subject to impact fees for park, police, and fire services as determined by the city and designated in an approved development agreement; that such comment is equally applicable to this Application. 28. The Meridian School District submitted comment and such is incorporated herein as if set forth in full; its comment was that this subdivision will cause increased overcrowding in all three schools; that before they could support this subdivision, land needs to be dedicated to the district or at least made available for a school site in this area; that the site would need water and sewer service available. FINDINGS OF FACT AND CONCLUSIONS OF LAW HOWELL/ROCK CREEK SUBDIVISION Page 6 • . 29. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students. 30. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all residential lots in the City because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW HOWELL/ROCK CREEK SUBDIVISION Page ~ • 31. 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 area's; the pedestrian easement shall be at least ten feet (10') wide." 32. 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." 33. 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;" 34. That Section 11-9-605 K states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi- improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to FINDINGS OF FACT AND CONCLUSIONS OF LAW HOWELL/ROCK CREEK SUBDIVISION Page 8 • the internal linkages; and 6• To link residential neighborhoods, park areas and recreation facilities." 35. 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 Planning and Zoning Commission shall consider the Bicvcle-Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 36. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. 3. That the Planning and Zoning Commission has judged this annexation and zoning application under Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the FINDINGS OF FACT AND CONCLUSIONS OF LAW HOWELL/ROCK CREEK SUBDIVISION Page 9 • • 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 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, which is not the titled owner, and the annexation is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The Citv of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW HOWELL/ROCK CREEK SUBDIVISION page 10 • • Development Ordinance; that, as a condition of annexation the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G. , H 2, K, L and prior comments of the previous Planning Director, Wayne Forrey, relating to the lack of adequate recreation facilities and that land set aside for a future park would be desirable, that the City is in need of land set- asides for future public service use, that a school site was not reserved; that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any development fee or transfer fee adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de-annexation and loss of City services, if the requirements of this paragraph are not met. 10. That the Applicant's property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. 11. That the requirements of the Meridian City Engineer, including those he specifically stated in his comments and those stated herein in these Findings and Conclusions and at the public hearing, and of the Ada County Highway District, if submitted, Nampa & Meridian Irrigation District, Meridian Fire Department, Idaho Power, and the prior comments of the Meridian Planning FINDINGS OF FACT AND CONCLUSIONS OF LAW HOWELL/ROCK CREEK SUBDIVISION pale 11 • • Director referenced herein, 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; 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 1, 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 impact, development, or transfer fee, adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de-annexation and loss of City services, if the requirements of this paragraph are not met. 14. That the house size representation of 1,350 square feet must be met. FINDINGS OF FACT AND CONCLUSIONS OF LAW HOWELL/ROCK CREEK SUBDIVISION Page 12 • • 15. That proper and adequate access to the property is available and will have to be maintained. 16. That these conditions shall run with the land and bind the applicant and its .assigns. 17. With compliance of the conditions contained herein, the annexation and zoning of R-8 Residential would be in the best interest of the City of Meridian. 18. That if these conditions of approval are not met the property shall be subject to de-annexation. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER VOTED COMMISSIONER ROUNTREE VOTED -~ COMMISSIONER SHEARER VOTED ~ COMMISSIONER ALIDJP.NI VOTED ~ CHAIRMAN JOHNSON (TIE BREAKE R) VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Planning and Zoning Commission of the City of Meridian that they approve the annexation and zoning as stated above for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the FINDINGS OF FACT AND CONCLUSIONS OF LAW HOWELL/ROCK CREEK SUBDIVISION Page 13 • Applicant and owners be specifically required to ti].e all ditches, canals and waterways and install a pressurized irrigation system as conditions of annexation, and that the Applicant meet all of the Ordinances of the City of Meridian, specifically including the development time requirements and enter into the required development agreement, and that if the conditions are not met that the property be de-annexed. MOTION: APPROVED: dn-r" 'DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW HOWELL/ROCK CREEK SUBDIVISION pale 14 • APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) (INITIAL) APPROVED VOTED VOTED VOTED VOTED ~ VOTED DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW --ROCK CREEK SUBDIVISION • HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., City Clerk A Good Place to Live JANICEL.GASS,CityTreasurer GARY D. SMITH, P.E. City Engineer CITY OF MERIDIAN BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, waste water sour. KENNY W. BOWERS, Fire Chief 33 EAST IDAHO W.L. "BILL" GORDON, Police Chief MERIDIAN, IDAHO 83642 WAVNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Department (208) 887.221 I GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX VERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 6 Zoning Administrator JIM JOHNSON Chairman -Planning 8 Zoning TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, may we have your answer by: A ril 5 1994 TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4/12/94 REQUEST:_Annexation/ zoning with Preliminary plat for Rock Creek Subdivision BY: Kevein Hnwr~li atnii u..~,~.~,. ~______~_ _ LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and West of 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 -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 REC TION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: ~~~~~~ t~~~~ ~ ~ 199 ~~~ ©F ~iEl~~~~~N _~,..1 ~ HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk T~ j N RONALD R. TOLSMA JANICE L. GASS, City Treasurer CI 1 Y OF MERIDIAI \ MAX YERRINGTON GARY 0. SMITH, P.E. City Engineer 1 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" GOROON, Police Chief MERIDIAN, IDAHO 83642 dpry- Plaqnn~~er/~Q,' Administrator WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887813 1[1~~ElE '°~SON Public Works/Building Department (208) 887-2211 Chairman ~ Planning 8 Zoning GRANT P. KINGSFORD MAR 1 8 1994 Mayor CITY ~F i~EiR1131A1~ TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CI'~I'Y OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, may we have your answer by: A ri 15, 1994 TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4/12/94 REQUEST: Annexationl zoning with Preliminary plat for Rock Creek Subdivision BY: Kevein Howell and Hubble Engineering LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and West of Locust Grove Road JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P/Z -CHARLES ROUNTREE, P/Z -TIM HEPPER, P/Z -GRANT KINGSFORD, MAYOR -RONALD TOLSMA, C/C -BOB CORRIE, C/C -WALT MORROW, C/C -MAX YERRINGTON, C/C -WATER DEPARTMENT -SEWER DEPARTMENT -BUILDING DEPARTMENT -FIRE DEPARTMENT -POLICE DEPARTMENT -CITY ATTORNEY -CITY ENGINEER -CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY 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: ~ ~1 /2c~ ' ' ~~ Q ~~ March 15, 1994 • SUPERINTENDENTOFSCHOOLS 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 C~ City of Meridian 33 East Idaho Meridian, Idaho 83642 RE: Rock Creek Estates Subdivision Dear Councilmen: I have reviewed the application for Rock Creek Estates find that it includes approximately 20 homes at the median value of $100,000. We also find that this subdivision is located in census tract 103.11 and in the attendance zone for Chief Joseph Elementary, Meridian Middle School and Meridian High School. Using the above information we can predict that these homes, when completed, will house 8 elementary aged children, 6 middle school aged children, and 6 senior high aged students. At the present time Chief Joseph Elementary is at 113$ of capacity, Meridian Middle School is at 126 of capacity and Meridian High School is at 123 of capacity. The Meridian School District is not o district, however this subdivision willo cause oincreasedi overt 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 su subdivision, we would need land dedicated to the dis tr ct or hat 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, an M~b Deputy Superintendent DM:gr • C~fiC GLENN J. RHODES, President ~.~~~~ `i/ ~~ SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary APR ~ 5 1994 KEVIN HOWELL CONSTRUCTION 6901 W EMERALD BOISE ID 83709 FROM: Larry Sale, S, vis Development is April 8, 1994 SUBJECT: ROCK CREEK SUBDIVISION - PRELIMINARY PLAT On April 6, 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 ublic street im rovements are re uired: 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, to ether 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 • • April 8, 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 HUBBLE ENGINEERING MERIDIAN CITY HALL • c G GLENN J. RHODES, President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary TO: ACRD Commission FROM: nevQlopment Services II`~'"k'R-Or PAR`il`~ENT ~GRRESPONDENCE ~?Of'KCREZ{/DSTECH 4-ti--9~ nA`~E: March 28, 19g4 SUBJECT: PRELIMINARY PLAT -- Rock Creek Subdivision. (Deve:loper - Kevin Howell, Howell Construction, 6901 W Emer a1d, Boise, ID 83709) (Engineer/Surveyor - Hubble Engineering (James Merkle), g550 Bethel Ct, Boise, ID 83709) FACTS & FINDINGS: 1• Rock Creek is a 20 lot single family residential subdivision, located south of ilstick Road and west of Locust Grove Road (connects w.tth Finch. Creek Sub). ~• GENERAL INFORMATION: LEAD AGENCY - Meridian ACRES - 5.7 FEET OF NEW PUBLIC STREETS - 910 LOTS - 20 ZONING - RT with R-8 requested ESTIMATED VEHICLE TRIPS PER DAY - 200 'T'RAF'FIC ANALYSIS ZONE - 254 L.F. OF FRONTAGE. ON Ustick Road - 150.4-feet MOST RECENT TRAFFIC COUNTS - Date :1993 Volume _3000 FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Arterial ADA COUNTY RIDGE-TO-RIVERS PATHfn1AY PLAN - Lane EXISTING RIGHT-OF-WAY - 50-feet REQUIRED RIGHT-OF-WAY - 90-foot (45-feet from centerline) Ustick Road is improved with 24-feet of paving. IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE. ASSESSMENT DISTRICT - Western Cities 3• The ACHD Capital Improvement Plan indicates that Ustick Road :is approved far use of Road Impact Fee funds to increase its capacity; therefore, Road Impact Fee offsets. may be given. for construction of ~ehe roadway improvements (excluding sidewalk) ado county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 ~'RELI~dINARY PLAT ~ck Creek Subdivision . March 28, 1994 Uage L ddition alone Ustick Road and f o_r r. iaht-of -w~iy dedica}ion i.n a to what exists now, If the developercwishes to be licatian the additional. right-of-way, he/she must submit an aFP to the ...mpac.t fetion 15~ofrACHD Ordinanceb#188~.ng ground, in accordance with See 4. There is an existing single family dwelling on the parcel, which is czarrently taking access from Ustick Road. No other access points. are proposed to Ustick Road. 5. The proposed street system for Rock Creek connects to the west with the recentdla stub~streetFhashbeenPpraposed1ansthe east- Stormy Drive, an ern boundary (E. Sharptail St.). o. The preliminary plat indicates that the South Slough, which borders the site to the south, is to be relocated. 7. This application is scheduled for public hearing by the Meridi- an Planning & Zoning Com¢nission on April 12, 1.994. SITE SPECIFIC REOUIREMENTS: 1. Dedicate 45-feet of right-of-way froUUt~parce.ler(20e additional Road abutting parcel, including feet). The owner will be compensated. for this additional right-of-way from available impact fee revenues in this bene- fit zone. A writtistrictepriorrto breakingogpaundt~on must be submitted to the D 2. Construct or prODistrict foPosthe t~equired lstree~htimprovey Trust Fund at the ments t5-foot. sidewalk) on Ustick Road, including out parcel, abutting parcel. 3. Direct lot or parcelstricts policyick RLaod accessorestridctions compliance with. Di shall be stated on the final plat. The District will not sign the plat for any part of this 4. project un~ilf the ublicestreetesyst mtem that it connects o becomes par- o p cmntJnARD REQUIREMENTS:.. 1. Street and drainage improvementsconstructedninhconfarmancelwith of-way shall be designed. and District standards and policies. Z'RELir4INARY FLAT March 28, 194 Page .a ~ock Creek Subdivision • 2. ^edicated streets and drainage systems shall be designed. and =r~t'latr'UCted in c~onfarmance j~aith District. standards and pali- c.~.FS. -~• :~pecifieations, land surveys, reports, plats, drawin s design information and. calculations g Plans, sealed, signed and dated by a RegisteredsProfess~onalHD Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. '~• Prav.ide written approval from the a t.ion/drainage district authorizing stormPprunafftei irriga- system. nta their ~• Locate o}astructions (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. ~. Continue existing irrigation and drainage systems across par- cel. 7• Submit three sets of street construction plans to the District for review and appropriate action. 8. Submit site drainage plans and calculations for review and appropriate action by ACHD. The proposed drainage. system shall conform to the requirements of Meridian and shall. retain all storm water an-site. Public street drainage facilities shall be located in the public right.-of-way or in a drainage easement set. aside specif- ically for that use. There shall be no trees, fences, bushes, sheds, or. other valuable amenities placed in said easement. 'Drainage easements and their use. restrictions shall be noted an the plat. 9. Provide design data far proposed access. to public streets far review and appropriate action by ACHD. 10. Locate driveway curb cuts a minimum of 5-feet from the side lot property lines when the driveways are not being shared with the adjacent property. I1. Developer shall provide. the District with a co ed plat prior to the .installation of streetf namersigns. Street signs will. not be ordered until all. fees have been. paid and a copy of the recorded lot has been staff. TI'he copy of the recorded pad: shall shawrthedorecarding information as inscribed by the Deputy County Recorder. PRELIMINARY PLAT -~ock Creek Subdivision • March 28, 1994 Page 4 ll. Install a stap sign vn eve.ry unsignalized approach of a project street to an intersection involving a collector ar arterial as the cross-street. The stop sign shall be in- stalled when the project street is first accessible to the. motoring public. 13. A right-of-way permit must be obtained from ACHD for all street and ut~~itConstructionoServicesnatt345-76671(withgzoning way, Conta file numbed for details. 14. A request for modification, variance or waiver of any require- ment or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original CommisWhonsuchta nrequirementeSwouldllresultdein statement explaining Y substantial hardship or inequity. Should you have any questions or comments, please contact the Development Services Division at 345-7662. STAFF SUBMITTING: DATE OF COMMISSION APPROVAL: -APR 0 6 199~r Larr Sale - zo ~~ .- -- 'J ~a -U ~ N i ~z o~ ° ~ v~ v~ ~~ f r~ l ~• • • J ~_ -` - ~~ ~o W IQ N U . fA W ~Q ~~ ~~ • ~' Y • V F- W • ~Y ~ 4 C7 ~. :7 a~ g ~W W N m 3°m e e Q ~ J r zO 4 r Y ~ 0 '~raa _ • - c ' ~ - • 0 '1 •1 •1. 1. ~7 j u ~ ~ . t • • • 711N71~ ®® ~~n ,~ Z t ! f • N _ . Q ~ n Z ~ a' s ~ < WQ M 7 J ~ 4 Q „. • ~ • C -- + `- \ ~ // i~ ~~ , 1 W~--_=yr== 1 1 i ~; ~, q. ~ 1; Ir..' ~, ,1 tb ~ 1 _, ~ ~ I "r r , ?- '~ t~ .~,'~ I s! ~ ,. ~s'~ ~ ~y • ~A~$ ~ ~p~ ~~~I ,col ::I ~~^, ~~ e~il < .c~i+Z ~, I ~ ~.,._ J ~~ _- -n ------ 15~~ Q va~' .R~ ~ f -^ - '---y'~~ ~ ~ 3 ~ ,. ..~ i'M Jt.N_SG ~v y ~oK _~ ~/ Y ~ _ `~ ~~r' s ~ a n i, ~ I SAP ~i~. ' ~7 ~Z~ i I V ., ~ 'y. \ .o... ~ ,, 1 ~ ;;~ ~ . 1~1~ d G3 t *~ 9 ..iz. ~ G~.~ 'ti >~ J z ~ o '~I = ', s: ~a~ ~--~-- , ~ i I ..,. ~ i` /'-- nK'-'- t~ ~ ~ ~~~ ~ l- ~ Iii I ,I ' ~ _ ~ ~ !I~ . ~ ~ ~I f r~ ~ , ~ ' ~~ I I ~ I ~I T ~ II I SUB6IVI SION EVALUATION S~EET RECEIVED Proposed Development Name _ROCK REEK SUB City MERIDIOIAIR 3 1 1994 Date Reviewed 3/24/94 Preliminary Stage XXXXX Final CITY ~~ I~CEt~Iff~tA~d Engineer/Developer Hubble En r. Kevin How II The following SUBDIVISION NAME is approved by the Ada County Engineer or his desi ne per the requirerr~,ent~ of he IDAHO STATE C pE, g e ~K i ~ dt~~//fit ~~/» G~~,.c~ ~uytno~~l4~ c.~. a,.~cWJ nA~C~ ~~,w~ ,, The Street name comments listed below are made bytthe members of the ADA CO N Y Qy~ •~~~ q,~STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this ~~ j5~ p,~~ a~f development in accordance with the Boise City Street Name Ordinance. "E. STICK R AD" "E. STORMY DRIVE" °E. HARPTAIL TREET" TL _ • .. _ "N. BOULDER REEK PLA E" The above street name comments have been read and a representatives of the ADA COUNTY STREET NAME COMMITTEEbyALL oflthe'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, NCY R ESENTATIVES QR DESIGNEES Ada County Engineer ~~ John Priester A., n ., ~ T1,' Ada Planning Assoc. Meridian Fir District Terri Raynor ~ -~,~.~`_) Representative Date 3~,~ZQ~T Date 3 ~-~ q~ Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed I!!! Street Index Sub Index NUMBERING OF LOTS AND BLO TRISUBSISM gTY,FRM • ~ _ ...._ - - . _... _ _. _ _. _ . _ ---- -- ~ - ~~ c dob ~~ __ i ~f ~ i n J + \ i J ~ ~ • ~ ~ J ~ 1 > ~ ( Z 1 ^ ~ \i i • S JJ s ~ ' ~ C~ `. ~ ~ r ` ~ ~ _~ .4 ~ ~ ~ 6 ~ .~ , ~ -~ ;~ ~ ~ ~ ~ \ ~ ~` ~ P ~ J °~ ~ ; ~ ~ O i . 9- ~.~ 1 -' -~ ~ ~O ~ ~ ~ ~ ` LU ~~} i ~ OJ'~ ~ ~~ •• . ~~ r -- -•- - - - -- •--- . R ~- N M t ~' N M h O ~ r ~ \ ^ ~~ ~ N .- ' I. i I . M ~ ~ ~ r ~ ~ .r N ~ ~ v ~ ~a 4-~~ ~ M ~ '' .f i 4- ~ N . LY_ h i r' M m ~D h m a ~' n ~ N! N ~ O O~ r ~ 1. `~ y l I 1 t _~. ~w,.~ .w ~ '3nd 13w-Idn ~n 1 ~ 0 e~ N ~ N V ti ~_ .+ _ F\ A 0 0 _../ ~i~d~8 'N ~ f ~I ~o ~ M ~ 1 i~ ~ ,n Q C ~ ~` i a ~ ~d ~ ~ •W ^ i .~ - `_ ~. I ~ O ~ ~ r 01 ~ 4i3PM CENTR • • - AL DISTRICT P. 5 CENTRAL REVI W SHEET •• DISTRICT ~t1''~IE~LTH ~~ tal Health Division DEPARTMENT j ~£~~~ ^ Boise Rezone # I ~~~ ®]' ~ ~k ^ Garden city Conditional Use ## ~ ~ g;~~;,~ ` ' ~~ ~~~~ ~. retiminary Final /Short Plat [] Kuna ~ ^ ACZ ^ 1• We have Qbjections to this P ^z [] 3. ^ 4. ^ 5. ^ 6. 7. "`~ 8` ^ 9. [] ! Q. ^ I I. ^ 12 13. roposal. ~ We recommend Dental of this Proposal Specific knowledge as to the exact rype.~f use must be provided before we can comment on this Proposal. We will require more data concerning s• it conditions on this Proposal before we can commern, Before we can comment concerning ind' idual sewage disposal. we will require more data concerning the depth aF Q high seasonal ground water I ^ saiid lava from origirwl grade I We can Approve this Proposal for indivil ual sewage disposal to be located above solid lava la rs: ^ 2 feet ye ^ 4 feet ~ . After written approval from r ' approp late entities are submitted, we can approve this proposal for. central sewage ^ com Wily sewage system ^ interim sewage ~eeneral water ^ community water well ^ individual sewage ^ individual water The following plan(s) must be submitted~to and roved the Idaho De Division of Environmental Quality; I aPp ~ partment of H~kh ~ yy~r~ central sewage ^ can~uni ^ sewage dry pnes ~ I b sewage system ^ community wager e mstalkd, ten a sewage system MUST be installed to meet Idaho State Sewage Regulations. cent water Street Runoff is not to create a mosquft~ breeding problem. This Department would recommend deP~erraf until high seasonal ground water can be determined if of considerations indicate approval. ~ her ff restroom facilities are to b 1 We will require plans be submitted forplan review far any: ^ food establishment [7 swi Ing pools or spas ^ beverage establishment ^ child pre center ^ grocery store Date: ~ f red $y: (gMD 10171 rsbs nr, IIJl1 jf . • • HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., City Clerk A GOOd Place LO L1Vt: COUNCIL MEMBERS JANICE L. GASS, City Treasurer ~`~ T~ T r T RONALD R. TOLSMA GARY D. SMITH, P.E. City Engineer `/ 1 MAX YERRINGTON ( I 1 y O f'1 ~ H RIDI e N BRUCE D. STUART, Water Works Supt. 1 • L l ~ ROBERT D. CORRIE JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS Fire Chlet WALT W. MORROW 33 EAST IDAHO , W.L. "BILL" GORDON, Police Chief SHARI STILES MERIDIAN, IDAHO 83642 - Planner s zoning Administrator WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888•-0433 • FAX (208) 887-4813 ((~~ ((~~~~,rr~~ JIM JOHNSON Public Works/Building Department (208) 887-2211 W LS l~ ~ ~ ~~L ®cnairman • Planning s Zoning GRANT P. KINGSFORD Mayor ~ 5 MAR 1994 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEaT~R~~R OJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered ~~I~~~v~D ~!leridiar. ?lanr.~g ~ ~^nin~ CQn?~'„~s~~,,, na~;~ we hauP your ~ncyvpr hyMAR 2 1 1994 A ril 5 1994 C~T~r~ E~e° ~a~r~~dt~~'~ TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4/12/94 REQUEST: Annexation/ inn:.,.. ,..:a~, s__~:~.___ _ _ _ BY: LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and West of ~- •- - JIM JOHNSON, P/Z MOE ALIDJANI P/Z MERIDIAN SCHOOL DISTRICT , JIM SHEARER P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) , ,-CHARLES ROUNTREE P/Z ADA COUNTY HIGHWAY DISTRICT , -TIM HEPPER P/Z ADA PLANNING ASSOCIATION , -GRANT KINGSFORD MAYOR CENTRAL DISTRICT HEALTH , -RONALD TOLSMA C/C NAMPA MERIDIAN IRRIGATION DISTRICT , -BOB CORRIE C/C SETTLERS IRRIGATION DISTRICT , -WALT MORROW C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) , ,-MAX YERRINGTON C/C U.S. WEST(PRELIM & FINAL PLAT) , -WATER DEPARTMENT INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) -SEWER DEPARTMENT BURT=AV OF RECLAiviATtOiv(i-iiELiiVi t~ FiPvAL Fi11'i~ BUILDING DEPARTMENT CITY FILES OTHER: .-.-,FIRE DEPARTMENT -POLICE DEPARTMENT YOUR CONCISE REMARKS:- Nampa &Meridian Irrigation District s ,Finch Lateral _CITYATTORNEY CITY ENGINEER courses alon the south boundary of the project. The right-of-way of the Finch Lateral - CITY PLANNER is 60 feet . 30 feet from the center each wa See Idaho .- P0~ STON hP rlP,rpi„ Code 42-1208--RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE er mus 345 ?L~'~ I fir a~nrnv ~ h~fnr t on act John Ander on or Bill H ns n at 466 0663 or ~ D, Gtr,rt rPmt, rPS that revle a T nrl anv pnrrnar•hmo r ('1 C g~1g~lt-nf wa° "" ~ Thi Tina ngP/S,tP T)pVa1r,.,.,,e„t .,.._,___~ ,. S w prior to final lattin Contact Donna M information. All laterals and waste ways must b must be retained on site. If any surface draina Irrigation District must review drainage plans water be made available to all developments within Bill Henso F oore at 343=1884 or 466-786 e protected. Municipal sur e leaves the site, Nampa & It is recommended that irr~ ~~n ror for further ace drainage e ridia n Nampa&Meridian Irrigation District. n, oreman, Nampa &Meridian Irrigation District OFFICIALS WILLIAM G. BERG, JR., Cily Clerk JANICE L. GASS, Cily Treasurer GARY D. SMITH, P.E. Cily Engineer BRUCE D. STUART, Waler 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) 887-4813 Public Works/Building Department (208) 887-221 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAXYERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES RECEIVE~erB Zoning Administrator JIM JOHNSON APR 0 6 199+ hairman -Planning 8 Zoning CITY ~b~ ~~~:r~~rN~f TRANSMITTAL TO AGENCIES i'OR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, may we have your answer by: A ril 5 1994 TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4/12/94 REQUEST: Annexation/ zoning with Preliminary plat for Rock Creek Subdivision BY: Kevein Howell and Hubble En ineerin LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and West of 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 i'.rrv ATTI1f1\Ir\/ 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(PREUM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: We require a permanent 10-foot wide public utilities easement along all lots adjacent to a road right-of-way dedicated to public or private uses hS c~RRE~Nt1y S,~ow~ one ARSt,»~~NA+er Pc,,~T~ Tim Adams ~~ ~v~g Idaho Power t~ - ~"9~ 322-2047 • • 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 TTV ~ /~ TT T GARY 0. SMITH, P.E. City Engineer ~ O~ ~ MAX YERRINGTON r ~ j 1 i 1`/ly' 1 JE J^1L~1 ROBERT 0. CORRIE BRUCE D. STUART, Water Works Supt. _ WALT W. MORROW JOHN T. SHAWCROFT, Waste Wate-supt. KENNY W. BOWERS, Firs Chief 33 I~ AST IDAHO SHARI STILES W.L. "BILL" GOROON, Police Chief Planner 6 Zoning Administrator ~~ IOIAN, IDAHO 8364 - WAYNE G. CROOKSTON, JR., Attorney phone (208; $8$~A33 • FAX (208) $87.4813 ~~~ ~~t. ]~E ~ JIM JOHNSON Public Worlcs/BUildin ~- it Chairman • Planning 8 Zoning g De{~artment (208D 88. 2211 GRANT P. KINGSFORD APB 1 2 1994 Mayor ' CITY QF ~t~i~lAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERInIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, may we have your answer by: April 5. 1994 TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4/12/94 REQUEST: Annexation! zoning with Preliminary plat for Rock Creek Subdivision BY: Kevein Howell and Hubble Enaineering LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and West of Locust Grove Road JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P2 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 8t FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PREUM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: Ih~.~ ~.~~ . ~..- -•- -- ~^- - •- --- - ~¢.E E£2 Acs ~ t r STl ~ - ~D ' ,tC6,4.~._ E~4 S F ~t/T r>~L Gd.7t/ ~ UJ L./ S T • Meridian Planning & Zoning May 10, 1994 Page 14 Johnson: It is moved and seconded that we pass a favorable recommendation onto the City Council, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: FINDINGS OF FACT AND CONCLUSIONS OF LA1R11 FpR RACK CA€~ SUBDIVISION ANNEXATION AND ZONING REQUEST WITH A PRELIMINa~Y PLAr7' BY KEVIN HOWELL: Johnson: Any discussion or corrections regarding these findings of fact? Hepper: Mr. Chairman, I move the Meridian Planning & Zoning Commission hereby adopt and approves these findings of fact and conclusions. Rountree: Second Johnson: It is moved and seconded that we approve the findings of fact and conclusions of law as prepared by the City Attorney, roll call vote. ROLL CALL VOTE: Hepper -Yea, Alidjani -Yea, Shearer -Yea, Rountree -Yea MOTION CARRIED: All Yea Johnson: Any recommendation for the City Council? Hepper: Mr. Chairman, I move the Meridian Planning & Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as stated above for the property described in the application with the conditions set forth in the findings of fact and conclusions of law and that the applicant and owners be specifically required to the all ditches, canals and waterways and install pressurized irrigation systems as conditions of annexation and that the applicant meet all of the ordinances of the City of Meridian specifically including the development time requirements and enter into the required development agreement and if the conditions are not met that the property be de-annexed. Alidjani: Second Johnson: It is moved and seconded that we pass on a favorable recommendation to the City Council, all those in favor? Opposed? MOTION CARRIED: All Yea • Meridian Planning & Zoning May 10, 1994 Page 15 Johnson: We need to deal with the preliminary plat. Hepper: Mr. Chairman, I move we pass on a favorable recommendation to the City Council for Rock Creek subdivision. Rountree: Second Johnson: Moved and seconded to pass on a favorable recommendation to the City Council on the preliminary plat, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: FINDINGS OF FACT AND CONCLUSIREL M NARY P ATRBY STEELE AND ANNEXATION AND ZONING REQUEST WITH A P SON: Johnson: Any changes, discussion, corrections to the findings of facts as prepared by the City Attorney? Rountree: Page 4, item f in the summation of Mr. De Weerd's testimony, (inaudible). Johnson: Are you looking at number f? Rountree: Letter f Johnson: Any others? Rountree: I had a question for Gary Smith. Is Chateau functionally classified Gary. Smith: Yes, it is classified as a collector. Johnson: Is that your only question? Thanks Gary. Any further questions or discussion? Rountree: I would like to consider an amendment to the conclusions that the functional classification and use of Chateau be included for information, wherever Council sees fit to include it. Johnson: Any other amendments? (End of Tape) Rountree: (End of Tape) hereby adopts and approves the findings of fact and r • • MERIDIAN PLANNING & ZONING COMMISSION MEETING: MAY 10 7994_ APPLICANT: ROCK CREEK SUBDIVISION REQUEST: A EN Y CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: AGENDA ITEM NUMBER: g COMMENTS CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE; CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER; US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: L sal ~~~ ` r ~ V~ G~~'~ ~ ~'` ~ ~~~ ~ ass `~ Qc G ~ r c~ ~ ~ ~~ ~~ g 2 (a, {~~~ w~~ s s ~` ~-~ a Q ~ o'r~~ G r ~ cj ~ ,h~~ ~` ~~ ~ ~ ~~ • Meridian Planning & Zoning April 12, 1994 Page 37 • Johnson: Yes, I am familiar with the property, that was m is there is a spot on the application that requires a zoning request) that MYoughaven't properly addressed. Walsh: Well, I suppose on this particular piece I would have to say of your existing zones, I'd take R-15. Johnson: All we can work with are the existing zones. Walsh: Well, we really didn't want to request a particular zone because we didn't want to cast a light on the landowners that would cause them to slow the process down. We want to fit within your guidelines and we thought that if you just had the Comp Plan revised 3 or 4 months ago and had a mixed PUD zone or Comp layed over it that that would be the easiest way to do it that was our mistake. Johnson: Thank you, are there any questions the Commissioners would like to ask? None, this is a public hearing, would anyone like to come forward at this time. I will close the public hearing. What would you gentleman like to do? Rountree: Mr. Chairman, I make a motion that we table this item until we hear from the applicant specifically what the zoning request is before we consider annexation. Alidjani: Second Johnson: It has been moved and seconded that we table this item until we get further clarification on the type of zoning requested, all those in favor? Crookston: You need to table it until a certain date. Rountree: The next regularly scheduled meeting Johnson: We have a motion and a second to table until May 10th, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: PUBLIC HEARING: ANNEXATION AND ZONING WITH A PAELIbIfNARY PLAT FOR ROCK CREEK SUBDIVISION BY KEVIN HOWELL AND Ht1BBLE ENGINEERING: Johnson: If there is a representative for Rock Creek would you please come forward • • Meridian Planning & Zoning April 12, 1994 Page 38 at this time and address the Commission. Jim Merkle, 9550 Bethel Court, Boise, was sworn by the Attorney. Merkle: I am here this evening on behalf of Kevin Howell Construction the applicant. i a lication consists of a 6 acre annexation with R-8. zTha 9comes ou0tlto about Th s PP roximately 5.7 of those acres family preliminary plat on app 3.5 lots per acre. When I got the packet yesterd°aY've t em to youHDn the back of in it, but I do have a copy of them. I would like t g that there is a vicinity map, you can kind of see what the surrounding area is. We are located directly west of the Finch Creek subdivision wthe east of usesrthe Howle I approved by the Council in an R-8latted. We a e bou~ 3/8 of a mile west of Locust Tract subdivision which is already P ro ert to the east of us and the south is Grove along Ustick. The surrounding p P Y The applicant existing within the Meridian City limits wi subd s ongof an average of around 9,000 is proposing lot sizes within Rock Creek s uare feet, minimum home sizes are proposed t n b AccesOs to the subdivis n will q Which is consistent with his Howell Tract subdivis~o e from Finch Creek to the east and then we have provide not propos ng access to b acre parcel that is right now vacant to the west. We a Ustick due to the proximity to the entrance at Howell Tra nt s With ACHD and the tech be required on that parcel to the west of us. In our meets g review and those comments, basically they have agreedthert 2 to 3 accesses th t aee access out to Ustick from this property due to the o oin to be onto Ustick within the vicinity. The streets within the subdivision will be 9 9 built to the Highway District's standards with 50 eweoandhwat rVCan be provided to 5 foot sidewalks for the City of Meridian. The s e subdivision through the Finch Creek Subdivision, whenv s on ~ Item #1tls correct th like to address Gary Smith's c nnex tosthe center) ne of Ustick. His comments 2 and we agree with that, we will a 3 we will provide that information to him with no had aln error on the hmap and I have the legal description the annexation is correct, we corrected it on that particular map, but the one in the legandeour'cu'Idesac inrthe one it matches the Finch Creek boundary. His item 5, regard g entrance, our culdesac is not in excess of 450 feet of us is constructed we hwill only we do understand that when Finch Creek to the east have one access in, but that is just a function of wWe don't a theheb t we dochave out to Ustick because ACHD doegn t want it. And the access to the west, which when that developmentsWfwe wll tcoml ply w th those to the subdivision. Item 6 and 7 of Gary s com issues. Item 8, prior to the final design we will establish what the high groundwater CJ Meridian Planning & Zoning Aprif 12, 1994 Page 39 is and the area when we do our drainage design to accommodate that. And number 9, we agree with this item also. Regarding the Planning and Zoning Administrators comments, f have addressed the South Slough, well I guess I haven't addressed the South Slough. The blue part on the bottom of the map is the relocated what Nampa Meridian calls the Finch Lateral and what everybody calls the South Slough, from Locust Grove all the way to the southwest corner of this subdivision about 1600 feet or so. It is not actually within the boundary of this annexation or subdivision. The applicant when he did Howell Tract did participate in the relocation and then the provision for the 15 foot pathway on the south side of that that the Ci Regarding her comment about the ty is proposing. subdivisions, I believe that our street and sidewalk tocafi'ons east and'west r adjacent subdivision are going to provide adequate pedestrian circulation in and outtof thus particular subdivision. And then in conclusion I would request that you approve this annexation and preliminary plat, if you have any questions I would be happy to try and answer them. Johnson: I just have a question and I probably missed it when I was reading the ACHD comments, but it seems to me that the specifics you gave for the most part met R-4 zoning yet you are requesting R-8 are there some lot size problems are frontage? Merkle: Frontage, your R-4 requires 80 foot frontage and because the (inaudible) to the side we would have monster lots in there. We have some of them at 65 to 70 foot width and are 150 feet deep, we just don't feel we want to go with, we meet the R-4 density and lot sizes, it is just the frontage. And R-8 is in the surrounding vicinity. And we could I think in a development agreement you are going to require with the annexation we would not be in excess of the density we propose on that. Johnson: They would probably look like an R-4 for all practical purposes. Any questions of Mr. Merkle? Hepper: What did you propose for minimum square footage? Merkle: 1350, which is consistent with the Howell Tract and Cougar Creek and Finch Creek. Johnson: No duplexes? Merkle: No duplexes. Johnson: Any other questions? Thank you Jim, this is a public hearing anyone else f • • Meridian Planning & Zoning April 12, 1994 Page 40 like to address the Commission this application? Seeing no one then (will close the public hearing. We need findings of fact, if that is your pleasure. Rountree: Mr. Chairman, I so move. Hepper: Second Johnson: It is moved and seconded we have the Cio a ttorney prepare findings of fact and conclusions of law, all those in favor? Opp MOTION CARRIED: Alf Yea ITEM #11: PUBLIC HEARING: ANNEXATION AE DE & SON AND GARYELEE/ JAU-B PLAT FOR TURTLE CREEK SUBDIVISION BY ST ENGINEERS: if there is a representative by the name Johnson: I will now open the public hearing, of Mr. Gary Lee will you please the Commission at this time. Gary Lee, 1750 Summertree, Meridian was sworn by the Attorney. Lee: The application before you this evening is attpunaic hwhich werhavee den fied what is know as the Cairn's property. And the pre rY is situated on Linder road about a 1 /4 mile as Turtle Creek Subdivision. The property south of Ustick. It is approximately 76 acres in size, currently it is zoned RT in the county. It is surrounded by City limits on all an existing. subdev lion to the east subdivision to the south called Glennfield Manor, and there is also an existing subdivision to the wesrt cullard Sojectbwas homesteaded new one to the north called Tumble Creek. This pa P by the Caim's and was originally an 80 acre parcel. However in the southeast corner, there is a 5 acre parcel that was excluded that wad o the entry road of about 3 acres in addition the Caim's own a new house adlacen in size and that they are going to retain as their hR $ Andrto'the east andpwest and adjacent to the Turtle Creek are currently zoned the south, this particular project we are reques f L rider Road known as Redst nei provide access via a collector street coming off o it will stand from Linder into the project about 3~ ®oc nstructedrto ACHD standards. will be local street stemming off from it, all of cou There will be access points to adjacent subdivisions as well. There are 2 points to the south on Monaco and Cubic. There is one propal one hatlwe are planning to the Stubblefields to the north. And there is an addition MERIDIAN PLANNING & ZONING COMMISSION MEETING: APRIL 12 1994 APPLICANT: KEVIN HOWELL AND NUBBLE AGENDA ITEM NUMBER: .,g- ~b ENGINEERING REQUEST: ANNEXa-riniu ew~n ~.,.....,..._._._ _ AGENT CITY CLERK: CITY EINGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: ~,,,d~ ~'J'I I ~9y CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: SEE ATTAHCED COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: COMMENTS p~~ +,~~ ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: SEE ATTACHED COMMENTS US WEST: ~~~ ~{ ~ I Z~ q t{ INTERMOUNTAIN GAS; BUREAU OF RECLAMATION: C~~~ °" ~ kl~vl OTH ~~ l" ~1 u' ,`~U ,,, :,~~ ~( , V ~~~~ ~ ~ 1~ FIRST ADDENDUM TO DEVELOPMENT AG AND 2, BLOCK 1 FROM ORIGINAL AGREEMENOVING LOTS 1 PARTIES: 1. City of Meridian 2• Grayburn Properties, Inc., Owner/Developer The following is an addendum to that certain DEVELOPMENT AGREEMENT, entered into on the 13~' day of October, 1994. This addendum is and entered into this ___ day of made CITY OF MERIDIAN, a municipal corporation of the State of daho, hereafterecaween "CITY', and GRAYBURN PROPERTIES, INC., whose address is PO Box 6019 led California, 92860, hereinafter called "OWNER/DEVELOPER". ~ Norco, OWIVER/DEVELOPER agrees to be bound by the terms of the original Development Agreement, on the land described in Exhibit "A", except ass ecific the deletion of the requirements and restrictions included in said Develo ment A ally to no longer apply to Lots 1 and 2, Block 1, Playground Subdivision. P greement The parties hereto agree that the development of the property described in Exhibit "A" shall be in accordance with the terms of the above described Development Agreement, entered into on the 13~h day of October, 1994, recorded as instrument #96011028, Exhibit "B", or those City ordinances in effect at that time any subsequent conditional use application is filed, whichever are more restrictive. 2. That the requirements and restrictions of the above described Develo ment Agreement, Exhibit "B" no longer apply to Lots 1 and 2, Block 1, Pla Subdivision. yground 3. That "Owner/Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation of the "Owner/Developer", or their assigns, heirs, or successor shall not meet the conditions of this addendum to the Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 4. This addendum shall be binding upon and insure to the benefit of the arties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This addendum shall be binding on the "Owners" of the "Property", each subsequent owner and any other person(s) acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Pro ert thereof, except that any sale or alienation shall be subject to the provisions ions hereon and any successor owner or owners shall be both benefited and bound ADDENDUI~1 TO DEVELOPMENT AGREEMENT (MI-OS-011 GRAYBURN pROPERTIES INC. PAGE 1 OF 4 by the conditions and restrictions herein ex ressed. written request of "Owner" or "Developer"~to execute appropriate andn recordable evidence of termination of this addendum if "City", in its sole and reasonable discretion, had determined that "Owner/Developer" has fully performed its obligations under this Addendum. 5. If any provision of this addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 6. This addendum sets forth all promises, inducements, agreements, condition, and understandings between "Owner/Developer" and "City" relative to the subject matter hereon, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended within the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 7. This addendum shall be effective as of the date herein above written. ADDENDUM TO DEVELOPMENT AGREEMENT (MI-OS-011 GRAYBURN PROPERTIES, INC.) PAGE 2 OF 4 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNER/DEVELOPER: GRAYBURN PROPERTIES, INC. BY: MARL LAULHERE PRESIDENT CITY OF MERIDIAN BY: MAYOR TAMMY de WEERD Approved by City Council: Attest: WILLIAM G. BERG, JR., CITY CLERK ADDENDUM TO DEVELOPMENT AGREEMENT (MI-OS-011 GRAYBURN PROPERTIES, INC.) PAGE 3 OF 4 STATE OF ss: County of ~ On this _ day of undersigned, a Notary Public in and for said State, personally appeared MarcfLaulhereton behalf of Grayburn Properties, Inc., known or identified to me to be the president of said corporation, who executed the instrument on behalf of said corporation, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) STATE OF IDAHO ) ss County of Ada ~ Notary Public for dI aho Residing at: My Commission Expires: On this~_ day of Public, personally appeared Tammy de Weerd and William G. Bergoo~, know, oriden fled to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said Cit and acknowledged to me that such City executed the same. y' IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: Commission expi ADDENDUM TO DEVELOPMENT AGREEMENT (MI-OS-011 GRAYBURN PROPERTIES, INC.) PAGE 4 OF 4 oa-irerr "a• --_ ~- paroal of land bainq a portion o! the 8W ~ gw ~ of Baotion 17, T.3N. County, Idi+ho, said ~ R'1$'' B.M., Ada partioul~ly dea~aribed a4 follows tai„g more commencing at th® Braes cap marking the corner oomtgon to 8eatione l7, 18, 19 and 2'0 R.ig' , Ada 'Count bail3g ~ the MRSAL POINT CF Br Idaho, ®a 1d point thence N.0.00~07"$. EGINNINO~ . ~-est 1~rie of Bald sq 462.b8 teat along the thenae~ N.89.36 " ~ °! eeotion 17= N.0 03 23 "W. $• 893.00 ZYet~ curve on the south ri ht o!-tireaet to a point o! thence aion g Y o! =-g4= said o 9 a curve to the left '435.18 feat, ur1-e having ~ delt$ OP 3.3463" of 9;659.30 Femt, tangents o! 217.63 Pe tdana a long chord of 438.24 test ~vhiah bears N.87"4404"$~ to a point of ending of curve thence leaving said right-ot'aaY, s~0••03~a3"E. lo6z.i9 last along the bast Tina of said sw ~ ~ ~ to the 8S corner or said gW 34 eW ~. of 8eation 17j tR~+cPOINT OF HSb~(3INNINO. 1328.30 feet tp ~® ... ~ ., - . DEVEId)PZ~ A-GREF.~yIENT .i• D~ Y ! ~ S~Y~;r ~ 0 8 Q:~~S £ i D -~'fiIS AGRBEMENT, made and entered into thrs 13th da `~C~~ Y of Octtr~ ~gqC~~ 2 between the CITY` pE.M~~I~~ a munici Q __, 1~ coxPorafton of the State of ` ~ first part, hereinafter called the "~.~._ ~, #tECOnh~U :.1 Tt;~ ~Z:Cil£ST o.F ~' ~ and. THE PLAYGROUND, INC,, an Tdaho co iporation, _ Party of the second part, hereinafter called the "Developer", whose address is 4098 No Jullion, Boise, Idaho 83704, ~ WI'I'Ni?CCl~~rrr- ~REAS, the Developer is the sole owner, in law and/or equity, of a certain tt~ct land in the County of Ada, State of Idaho, described ~ ~ Exhibit "A', which ,is attaches h~e~ anal by this referenced incorporated heroin as if sat forth iu full; and ~R.EAS, the Stets of Idaho legislature, in 1991, passed d~aho Comae, b7-6511A, Development Agreements, which provides that cities may enter into ~'elopment agreements with developers upon rezoning of lanul; and wH1~RBFiS, the City has passed development ordinance 11-2-417D, which authorizes development agreements upon the annexation and ~~, of land; and ~'~S, the Developer has submitted an appV~~on for annexation and an application for rezone, of that certain zomng, or P~Perty described in Bxhibit "A", and has requested zoning of C-G; and ~ER.l3AS, the Developer desires to make certain commitments regarding the development of the land and certain improvements to be made thereto; and DEVBLOP11gBNT AGREEMENT - 1 MM&C 1571.02 10/07/94 ' r ! x BAS, the City has authority to place conditions and restrictions u or rezonin Pon annexation g of property; and ~'°'S~ Developer deems it to be in its best interest to be able to ent agreement arad aclonowledg ~ m' mto this es that this agreement was entered into voluntarily and at its urging and request; and ~S, the Developer, as sole owner of the land, has made request to the have the ]and annexed to ~lh' to the City and, as part of the annexation Pr'o~dings the City has adopted and approved Finds of Fact and Conclusions of Law, and ' AREAS, the P.iz~ds of pact and Conclusions of Taw required that the Devel into a Development ~ oiler enter ~'eernent; and X45, the City, in the Findings of Fact and Conclusions of Law, inn p-roperty subject to de-annexation if the Devel the oiler did not enter into a.Development ~reement. NOW, THgRBFORS, IT IS Y AGR~ qS POI,I,OWS: Developer agrees, and hereby binds its heirs, successors and assigns to this in consideration for mom' the annexation, rezone, or the non-de-annexation of the area, as follows: 1 • The above :recitals are contractual and bindin g and 'are incorporated herein as if set forth in full, 2• That Developer will, before anwexation, or de- annexation, fi]e or cause to be filed, with the City Bngineer, a complete set of Improvement Plans showing all streets e enterin ntry ~'~ g ~ Property from Overland Road, ut+lities, pressurized irrigation facilities fire hydrants, extension of sewer lines to ' a~pd along the exterior boundary of such. prop~y, tiling and extension of water through the Hunter Lateral, extension of domestic orate r to the DfiVFLOPM$NT AGRE8M8NT' • 2 MM~c 1571.02 10!07/94 easternmost boundary of thepropezt3, ~ phases unless development occu case service will ~ rs to the east (in which provided immediately), drama e lI ,and other similar signage and barricade9, and other such improvements contemplated within the devela went improvements shown the P ,which Plans and all neon shall meet rile approval of the Ci En Plans am inep ~' ~~~'. Said Improvement rporated herein and made a part hereof by reference. . 3 • That Develo r will at his or their own Pe , expense, construct and install all sanitary sewers, storm drains, pumping stations, water mains and appurtenant gutters, sidewalks ~' ~ hydrants, curbs and , pressures ~gation system, file the Hunter Lateral, electrical lines, natural ~snussion gas lines, tel~hone lines, ~sidewallcs, cross drains, street, street surfaein signs, and barricades as well as an 8, street Y and ~ °~m' ~pmvernents ;shown on the Improvement Plans. 4. That Developer will construct and install all such improvements in accordance with the stnct approved Improvement Plans, and the City Standard $ugineering Drawings and Standazd Bngineering Specifications turront and in effect at the time the imprQVenients is accomplished, or as otherwise a construction of said Breed between Developer and the City. 5 • That Developer will provide the City Bagineer with'at least fifteen (1~ days advance written notification of when and what portion, or pgrti~s~ of said intends to corn ~Provenneats he plate and the time schedule therefor; and agrees to make such modificaxi and/or construct an taro o~as Y Parazy facilities necessitated by such phased construction work as shall be required and approved ny the City EinBincex. 6. That Developer will have "correCted~~ origiAal drawings of the Improvement P of all said improvements ~ lane Prepared by a Registered Professional Engineer and wiIl provide the D$vELOpMBNT AGRE$MANT . 3 ~t~c is7~.oz ioio~is4 City with said Plans or a duplicate mylar copy of said plans,, The ln1Fr'oveutent Plans of the proposed improvements shall be "corrected" to show the actual constructed location (both horizoxltally and vertically) of the various water and sewer lines, all utility lines, and pressurized irrigation lines and their individual service lines, the curb and gutter alignment and rades etc The corrected improvement Plans shall include a "Certifi g ' cation" thereon, signed by the Registered Professional Bngineer in charge of the work, that said Plans of the various improvements are txue and correct and that he (the Registered professional Engineer has ~spected the construction of the various improvements (water lines, sanitary sewer lines pressurized irrigation lines Sae Lines, electricity lines, storm dt~in lines, curb and gutter, street paving, etc) and that the materials for and the installatiori of the same were all done in conforniance with the 11 le City Standard Bn ' ~ i ~p 'cab gineering Drawings and Standard Euginee~g Specifications governing the construction of these facilities. 7. That Developer shall, immediately upon completion of any such constructed pamon, portions, or the entirety of said Bevel went no oP tify the City Engineer and request bis inspection and written acceptance of such completed ~pmvemetats or portion thereof. 8. That Developer agrees, upon a finding by the City Council, duly entered in the official minutes of the praceedi.nSs of the City Council, that a portion, or portions, or the entirety of said improvements need to be completed in tha interest of the health, welfare and/or safety of the inhabitants of Ehe 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 hereafter deterrnineS to construct, and does construct such impxovement, or improvements, the Developer will pay to the City the ABVEIAPIVIEtV1' A[iRBBMENT - 4 MM&C 1571.02 10/07/94 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 findin set. forth iu this g 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 tp be present in person orb counsel and to be heard on the merits of the proposed fording y 9• That Developer agrees that upon his, its, or their Navin g received written notification from the City l3nginaer, that any of the requirements herein specified have not been timely complied with, that the City shall leave the right to withhold the issuance of an Certificates of Occu y Percy 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 tune 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 ~ paragraph, and shall have the right to be heard as to why such Certificate of Occ should be issued or water service allowed. ~~ ~'he 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 axe preserved by law and•equity. l0. Developer agrees that, in the event any of the improvements orpayments required herein arse not timely installed or paid, the City may, at its sale option, within tell (10) days written notice to Developer, install the improvements and declare the entire cost of said improvements or unpaid balance to be immediately due and payable and may seek to collect such DEI~LOPMg1VT AO.REEMEIVZ' _ g MM~C 1571.02 10/07/94 sums in the manner provided bylaw, or may pursue any other remedy set forth herein or be available in law or ~ may ec(uity. In the event of any such declaration, till sums due shall. bear interest at the prime interest rate of First Security Bank of Idaho, lus five P percent (S 4b) per annum, until paid, Provided, however, the City Council shall not make the finding set forth in this Paragraph except at a regular or special meeting of the City Council and u Develo r mess ~ pe has beeu notified in writing of the time and p~~ of such meeting at least three 3 days prior thereto and has been given an o y p ( ) pportunit to be resent in person or by counsel and to be heard on the merits of the proposed finding. . 11. ~ That Developer agrees to, and does hereb y, grant a security interest in the land. which is the subject of this Agreement, fo secure the installation of all improvements incl ' but not lunited to, sewer, water u~, imigation and drainage Piping, Presswrized irrigation system, file for Hunter Lateral, streets, curbs, gutters, sidewalks, landscaping and harming In the event of Developer's failure to complete such installation, the City may install such improvements and without notice, foreclose this Agn~~t as a m $`e in accordance with the mortgage foreclosure laws of the State of Ydaho; proms further that upon request of the Develo City will execute and deliver a ~ ~~ the P rolease of the lien created herein against all or any portion of the subject land, upon completion of that portion of the total improvements installed which relates to the percentage of improvements that have been installed' as compared. to the total amount of improvements. The Cyty shall also execute and deliver a partial release of. the lien created herein for the installation of curbs and gu~~ ups ~veloper's deposit of monies required by the Ada County Highway District into the Public Rights-of--Way Trust Fund. DEVELOPM$Nr AGRBEMgiVT MM~C 1571.02 10/07/94 'T'h® City further agrees that, upon request of Developer, the City will, b wri agreement, subordinate the lien created hereb Y tten Y, ~ any mortgage, deed of trust, or other security device requ~d to secure the payment of any loan or advance made,to De Purpose of financing the construction of improvements u veloper. for the sole Pon the land which is the subject of this Agreement; provided, however, that the financing entity shall first warraut writing that it understands ~ ~ and represent th$t the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will take reasonable precautio and custom ns usual ary to the financing and lendin g industry to euisure that the loan proceeds or advan,~ will not be used for any other purpose. The City may also require ~ surety bonds, irrevocable letters of credit deposits, ce~~ checgs or negotiable bonds, as allowed under 11-9-606C f ~~ Co ded p o the Revised and mP~ rdiriances of the City of Meridian, to insure the installation of the im ro and the Developer a P vements, grew to provide such, if required by the City: 12. That Developer agates that those Portions of the water main or the sanitary sewer line, fox which the City has expressly aged ~ enter into a ~ comers agreement if includin ~ any, for g any water or sewer line extensions, increased line size or capacity, are requiaed because of future service needs originating from ptnpe~ not owned by Deve within the vicinity of the subject development, that sound ~r ~ located at the present time in order to accomrno Planning ~~ construction thereof date future expansion and development. In recognition of the cost savings which can be accompl~hed by constriction of such excess ca aci iiiipmvements concurrentl wi P ty and/or Y lh the facilities to be constructed for Developer's purpo~~ ~ the impractability or impossibility of constincting such excess capaci and/or ' h' uiipravements DEVELOPMBNI' AOR$EMBNT • 7 MM&C 1571.02 10/07/94 separately or at a later time, Ieveloper agrees ~ design and construct such facilities subject to the City's agreement to enter into a late comer a greemsnt to reimburse Developer for a portion of the costs far such excess capacity. Developer agrees ~ obtain three wdependent bona f de bids for the rformance of such work fmm u ~ 9 alified and responsible contractors aad steal[ deliver copies of such bids to the City prior ~ d1e ~mmencernent of such work. Such bids shall be solicited and itemized in a manner which allows clear and specific identification of that portion of the construction work for which the City may possibly enter into a late comers agreement, The City's obligation to enter into a late comers agreement to help Developer pay for such costs shall be limited to the lowest of such bids irrespective of whether the ~Iowest bidder is In fact selected by Developer to perform the work. 1~• That Developer agrees that no Certificates of ~~cY a'~ be issued until all improvements, other than curbs and gutters, are compleurd and monies have been deposited in the Public Rights-oR-Way Trust Fund for completion of curbs and gutters, unless the City and the Developer have entered into an addendum a greement stating when the irnpz~ovements wtiI be completed in a phased development; in any event, no Certificates of Occupancy shall be issued in any phase in which tho improvements have not been, ,installed, completed, and accepted b the Cit or if req ~ y y, ui~ned monies have not been d sited in the Publzc Rights-of--Way Trust Fund for their completion. 14. That Developer agrees, in ignition of the unique and peculiar cii,~umstances relative to this development, to the special conditions set forth in Exhibit "B" attached berets and by this reference made a part hereof. DEVEIrpPMHNT AGREH11+lENT _ g ~A~IBtC 1571.02 10/07/94 15. That Developer agrees that any notice required by this Agreeruent shall be given at the following address: i _ ._ - City of Meridian: City Engineer City of Meridian _ 33 Bast Idaho -~-- . Meridian, zdaho 83642 Developer; The Playground, Inc. 4{)98 North Jullion Way Boise, Idaho $3704 16. That Developer agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's Office. 17. All covenants and conditions set forth herein shall be appurtenant to and run with the land and sha31 be binding upon Developer's heirs, successors or assigns. 18. This AgreBment shall become valid and binding only upon its approval by the City council and execution by the Mayor and City Clerk. l9. 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 its assigns, heirs, or successors' shall not meet the conditions conixined in the pindings of Fact and Conclusions of Law; this Development Agreement, and the Ordinances of the City of Meridian, Dated the date, month and year first appearing. CITY DBVBLOPBR By. ' J~ lay: Grant P. z~gsf , M or ~ President By: William G. Bexg, Jr., (r~m11571 •a2kgm~ Wdvelap. b3) DIiVELOPMFNT AGREHMBNT - 9 MMBcC 1571.02 10107!94 ~ ~~V~ O~ ~~ ~'~~i~, ~ ~,,~ ., 1 rO~~L1~ ~~ ptt f ~~riL ~9 ~~ `~ ~~~. ~ r 1S'~ • ~ `tip ~~, • sTAT.~ of InAxo ~ COUNTY OF ADA) ss. On this ~'~ day of Public in and for said State , 19 4, before me, the undersigned, a Notary personally appeared secretary of The Pla known, or proved to me ~~ Yground, Inc. that executed this ir-strunient and the to the Presidegt and the said instrument on liehaif of said corporation, and ack7wwled persans who executed. executed the same. ged to me that such . corporation day and year ~~BRBOF, I have hereunto set my hand and affixed my official seal rtificate first above written. ~ the ~, ~~...7, • rt,Hyr~ .;E: ~ ,, ~~ ~• .` • N ~ .~, ~ M ~.~ j ~~ iF ~ ~m Y . J~~ y s:• .~ ..r ~ h~.M' ~~Vi ~\' ~h` mo~w. ~ ~, ~ s~~'rII, VT i1~1 ,i~~ '11~~•17111 t1111Y1, Notary Public Residingat /~ My commission expirEs~~~ sTATE of mAxo } ss. COUNTY Og ADA } Public in ar~,td o~ S Y~of , 1994, before me, the uncle Jr. known, orproved to me, to the~Y aPP~red ant p K;noor,.,,.a ~~ a Notary Mayor and Ci and _ W'li;a~ .Berg instrum~,t ~ the persons who oxecuted the sa ty Clerk of City of Meridian that executed this acknowledged to me that each corporation executed emsante~ behalf of said corporation, and day and year C u'st above ereunto set nny band and affixed ,ny official seal the wntten. .. .d,!~ a ~~` q~p~i._. , . . . S- •. ~~ pTAR `~ ~h y ~r ~° ~ ~ ~. ~G ~ DBVEiAPMENT A(;RBEMENT~= ~E Qd 6~~:~'~,• MM&C IS?1 .o2 10/0?!94 ~"""'"~~~~ No blic M ~ at /~ ~r 'salon expires ..` A paroel of land being a portion of the 8W ~ sW ~ of section 17, T.3N. County, rdaho, said ~ R.iS., B,M,, Ada particularly desvribed a4 gollows being more commencing at the erase Cap marking the corner common to 8eatione 17, 18, 19 and zo R. iS. , B.M. , Ad~1 'Count , T. 3N. , being the RSAL POINT OF e~INN NQ~ ®aid point thence N.0°OO~p7~~g~ 462. west 1~ne 4f ®aid SW 55 f®®t along the thenoe, N,8~o36, ~ ~ oP Section 17; thenoe N.0°0323 W.E. 893.00 feet; ourve on the south right of-way of I saint of thence along a curve to the laft~435.18 feet, said ogrve having a delta of a~34~e3~~, a radius o.~ 9; B59.30 feilt, tangant~e of 217.63 fe®t and a long chord of 435.14 feet which bears N.87~44+p4K8. to a point oP ending of curve; thenoe 1e$vinq saki right-of-talay, s. 0.O o3 ~ z 3 "E. 106z.19 Feet along the a$st line of said SW SW ~ to the g$ corner of said dW ~ 8W ~ of section 17; tREAL POINT OF BFd3INNINt3. 1328.30 feet to the SIT u$11 ra rr~ DBVBLOpMBNT A(lREl3lV1~ $Y ~ g-~' UP M$R[DTAw' m n v.~ „ ~..._ --- ATI~ $BrW _~~~e.Yel~ee~air~clodes. the following: l' A recreational vehiclepark, campground, and facility for tents and travel vehicle . containing not more than are hundred twenty (120) spaces for ar ~ s trailers, motor homes, campers, and similar travel vehicles. P ~ °f travel 2. A g°II and driving age and facilities for golf, incladin areas, facilities for short and intern g Pu~S Stems, sand other similar golf facilities. ~~ m'°ge Bo~Pmctice, miniature golf, and 3• Other similar sports p~ facilities or orts areas, and practice PAY areas for tennis, S°c~~a~r outdoosr or field battyng sports. 4. A P~Ygmund, a snack bar sn arcade store primarll ~ a game room, and a small convenience facilities located on the cland.mers of the recreational vehicle park or recreational 5 • Any related necessary, or ancillary facilities for any of the above uses, includin ~mpment storage sheds, other su g buildings necessary for operating faces to bme~cotnstr~~ted o~n heslans], other Developer shall; . l • Tile the Hunter Lateral rior to II of the development, or March~S tnwghichev~v~~ ~5tcupancy for Phase 2 ~ Bxtend and construct water and sewer lime extensions to serve the connect to Meridiian water and sewer lines, Waterline extension mot bethro gh the Hunter Lateral prior to obtaining a buildin the easternmost bo S Pe~it• Water line extension to development of adjaeu gndnty of Property must be compiet~ by fa11 1995 or when Property occurs, whichever is earliest. ~. Construct paved streets within the properly. 4 ~ Dedicate the neces ~ . sary land from the centerlines of 'Locust Grove Road and Overland Road for public right-of-wa required by Asia Coup Y~ construct sidewalkx and deposit amounts Rights-of Way Trust Pond for the construction oft orbs and ~ iato the Public Roads. gutters slang Overland and Locust Qrove . , r ~' PaY ~y development fee or transfer fee adapted by the City. 6. Meet the requirements and conditions of the Findings of Pact and Conclusions of Law and meet the Ordinances of the City. 7. Provide pressurized irrigation within the development and provide evidence of approvals from appropriate irrigation district/canal company and downstream water users prior to application far an occupancy permit for Phases II or III. 8. Provide landscaping as depicted on approved plans prior to obtaining a Certificate of Occupancy. Failure to provide and maintain landscaping may result in • revocation of Certificate of Occupancy. 9• Construct, pave and stripe all parking areas and walkwa s in acco City standards, iacluding requirements of Americans with Disabilities (ADA) th 10. Design buildings to be accessible to the handicapped in accprdan~ with ADA.