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Hunts Bluff No. 2 FPCity of Meridian INTER -OFFICE MEMO DATE q^ /2 -15 TO: ct OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney I--, HUB OF TREASURE VALLEY .-. A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 a FAX (208) 887.4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor November 21, 1994 Idaho Power Company 130 East Idaho Meridian, Idaho 83642 888-4491 Fax 888-3961 RE: STREET LIGHTS FOR HUNTS BLUFF SUBDIVISION NO. 2 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman - Planning S Zoning Street Lights have been installed by the developer in Hunts Bluff Subdivision No. 2. These are 100 watt high pressure sodium lights on steel poles, owned by the City of Meridian. The three ( 3 ) street lights are located at: Lot 32 Block 1 Lot 25 Block 1 Lot 20 Block 1 See attached map for additional information. Please use this letter as your authority to activate these street lights. Sincerely, William G. Berg, Jr. City Clerk w m h w � A 9 1 3 .00AL" S V-� O � N N � •� � u �. 'j a s I 9 oil 3 .00.L6i S s' Ppb' I • Y !L0►l s N O jig a03 .00.99." s 8 s ; R o 1 3 .o030"S Scc pry M A • Y �1/ + �� i.. •%i • 9L 09 .00.99." S o n X; r w +f •b �� ,� rj ° ►otos 3.K1 f A W1 j tV 0 z M yS,d o9. 3 S a r t • • �/ `�'.i t W � •� ��� g .00.sLff Sn a.z►t �Q i- Jill T i N d • .iou s .fC L•l n , V coto ".•SIS Lt'9�Al1 �.tfi•1 ` = � gia Y O S � \ � orl �i �� �� d .cS•oosl „� ii 8 3 94r30 A Saw � O 7 .00.iL/f S� � .LLO►1 w w mrou a 'MAO 7 X At a .00%L" S 0.1 � 3.00 0,99." : � �' .[Lo•t • w 3 .00ci.w s a Z �'� .cc•oil yy 1 MM9 KLVNWW 1 •L 0•t 3 .00.w-" S i ! 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Is`ueds •11/04/94 PeiriNit Nos' ..47"6 ;5 ... .. - t as PROPERTY LOCATION---�- OWNER/APPLICANT------ - i HUNTS BLUFFF2' sMARTY QOLDSMITH I Lots MERIDIAN ID 83642 Block: 1 Blo k Long Legals 208/000 �d000 1 Sub: s S: I Parc No Iti- --- -- -----------�—DESIGNER_—•-----------------=— — CONTRACTOR -- — ---_- -- ---- --- I MERIDIAN ELECTRIC 53i N.=LINDER RD. sI -MERIDIAN ID"83642 ?i 208/ees-eel I X00/00-�0�0 PROJECT INFO —'------------------------------------------ -- --- --- --- -- -- Prj V4Ilue: f 3 600.00 I Temp Service. Pry Types STREETLIGHTS - I Residential Service: Occ T6pe: COMMERCIAL 1 Number of Roams: Occ tarps Occ Load: I Electrical Heat: Cnstr Types °I Number of Circuits: Land Use: Other: PROJECT NOTES -- --------- ----------------------------- ------- L32/B11; 'L25/B19 L20/Bi. ` PROJECT FEES ASSESSMENT --------------- `----------------__---"_------_--_-__--__— Amount Paid: $106.00 TOTAL ELECTRICAL FEE: $106.00 Balance Due: $0.00, r ANT INFORMATION on requests must be made 24 hours prior to the need for inspection. Persons meldng the requests must provide the formation: 1) owner/contractor, 2) project location, 3) date and time when the inspection is needed, 4) type of inspection, umber. The inspection request line is available 24 hours a day, 365 days a year, inspections will be performed Monday - ween 8:00 AM and 5:00 PM, excluding holidays. ermits are Required for the installation of any electrical wiring, plumbing piping and mechanical installations as fired equipment. Permit Revocation/Expiration. The Building Official reserves the right to revoke any permit issued in error or on the basis of incorrect information. Permits expire in 180 days if. work is never commenced, or is discontinued for a period exceeding 180 days or 6 months. Declaration - This permit is being issued subject to the ordinances and laws of the City of Meridian, and it is hereby agreed that the work to be performed will conform to the regulations pertaining and applicable thereto. Owner or Authorized Agent Date r 1-0� • L .. N N N N � Q o N C M M"dam .IL S\Lix. f,94 g s Z to V ne . .., 41 oc�ff ti ' 7 .00AL" s V :�'yl r Vii► .f0;f 1 J91 .St .St i 7 .MW." S i b Y t Bron iiir • L+ �$•x� 3 sf•u 2 = _ a �i � 3 7 .Oasts s w�N'If rl 3 Y Ott ! N M"dam .IL S\Lix. f,94 g s Z to Y ne . .., 41 oc�ff ti ' 7 .00AL" s .y :�'yl r Vii► .f0;f 1 J91 .St .St i 7 .MW." S w b Y t Bron iiir • L+ �$•x� rl 3 Y Ott ! N M"dam .IL g s Z to Y ne . to 7 .00AL" s ti J91 .St .St i 7 .MW." 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PC '.Sj ,. -0 owl g O P A. �►t g f +� .00.stbs s t �f w s � s b scot � 3 .00.SL60 S .xpp � Y b Of .00SL60 s $ f am i 5j.� R o f aoa 3 .W.%L69 S X X f • .0 Ott s� r' 10 " 193 .co•sot W _ • t� �� .69.440L. �d� a C tb 3 M L 3 o Z 91 er Ito I b It 0 4D sc i it c6'oobt ort S W U 7NIW39 !0 5611• w aYON CRY -MAO 7 R 'o L6 2 J x CD _O Z` _> o s to 4A cs W .. �,,, N .eofsu . PC '.Sj ,. -0 owl g O P A. �►t g f +� .00.stbs s t �f w s � s b scot � 3 .00.SL60 S .xpp � Y b Of .00SL60 s $ f am i 5j.� R o f aoa 3 .W.%L69 S X X f • .0 Ott s� r' 10 " 193 .co•sot W _ • t� �� .69.440L. �d� a C tb 3 M L 3 o Z 91 er Ito I b It 0 4D sc i it c6'oobt ort S W U 7NIW39 !0 5611• w aYON CRY -MAO 7 N City of Meridian INTER -OFFICE MEMO DATE FROM: �j 1d- j���+ SUBJECT: 14 TO:�� .. wvt 06. 00 vt� ITY OF, IRIDIAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888-4433 Customer's ci Order No. y Date 6 ' 23 19 ` Name Add ress 45-51b ffz,C�24- �! l/ 93?U 3 Phone: SO BY CASH C.0 D. CHARGE ON ACCT. MDSE. RETD. PAID OUT 4550 W STATE ST (208) 338-9708 BOISE, IDAHO 83703 92-1/1241 H PAY TFi C Coe ORDER OFs �' 06 DOLLARS ���/ West One Bank, Idaho Fairview Office 54 i �. /meted �Qxtc4/ze �2 6 D,• 11AAW Boise, Idaho 83707 FOR I 1: L 24 L000 191: L 10000960 L 3GII6 3 50 All claims and returned goods MUSTbe accompanied by this bill. TAX 002508 Received ,_ 4�1-------------------- TOTAL GS 707.7 V PRINTED IN U.S.A. MARTY GOLDSMITH 305 S DBA FARWEST DEVELOPERS 4550 W STATE ST (208) 338-9708 BOISE, IDAHO 83703 92-1/1241 H PAY TFi C Coe ORDER OFs DOLLARS ���/ West One Bank, Idaho Fairview Office 54 Post Office Box 7217 D,• 11AAW Boise, Idaho 83707 FOR I 1: L 24 L000 191: L 10000960 L 3GII6 3 50 n v i CVF r 1Eifi to ',1 Al JAMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary Gary Smith City of Meridian 33 East Idaho Street Meridian, Idaho 83642 Re: Street Name Signs for Meridian Subdivisions RECEIVED FEB 0 7 1Q55 Meridian City EngineV This letter is in response to your correspondence of January 31, 1995 concerning the installation of street name signs in new Meridian subdivisions. Piedmont Subdivision was designed by Roylance Associates. The signs were not ordered because ACHD was not notified that the final plat was approved. We have contacted Roylance for a copy of the signed plat and we will order the necessary signs. Merrywood Subdivision Number 2 was designed by' Johnson Engineering. The signs were not ordered because ACHD was not notified that the final plat was approved. We have contacted Johnson Engineering for a copy of the signed plat and we will order the necessary signs. Cherry Lane Village Number 5 was designed by Paul White Development. The signs were not ordered because ACHD was not notified that the final plat was approved. Paul White has indicated that he expects to finalize the plat within the next ten days. We will order the necessary signs when the plat is finalized and we receive a signed copy. ACHD has received the final plat for Meridian Greens Subdivision Number 3 -Phase 2A. The signs have been ordered and Glenco Development has been notified that they are ready for installation. Hunts Bluff Subdivision Number 2 was designed by Far West Development. The signs were not ordered because ACHD was not notified that the final plat was approved. We have contacted Far West Development for a copy of the signed plat and we will order the necessary signs. As we discussed, the needed signs for the Tall Pine Place/Pine Street intersection of the Conifer Subdivision were ordered and installed on September 29, 1994. The stub street to the east of tall Pine Place was not named in the plat as therefore was not signed. I suspect that the roadway will be named once the adjacent parcel redevelops and the stub street is extended. ada county highway district 318 East 37th • Boise, Idaho 83714 9 Phone (208) 345-7680 n Gary Smith February 6, 1995 Page 2 Candlelight Subdivision Number 3 was designed by Tealey's. The signs were not ordered because ACHD was not notified that the final plat was approved. We have contacted Tealey's for a copy of the signed plat and we will order the necessary signs. Our site review process also showed that there were no signs for the Lanesbury Lane Subdivision on Meridian Road. I contacted the developer to get a final plat of his site and the signs have now been ordered. As we discussed over lunch the other day, the Ada County Highway District realizes the importance of adequate signing for both the drivers' convenience and traffic safety. We have revised out internal procedures to ensure that future signing requests are completed in a timely and efficient manner. Also, our weekly field trips with ACHD's Development Services Department now includes a site check of recent subdivisions to ensure that the necessary signs are installed at the proper time. 46�'jv David Szplett Traffic Services Department cc: Terry Little, Traffic Services Larry Sale, Development Services file CAWMIMPDOMAVEMMITHI May 31, 1995 Shari Styles Meridian City Hall 33 East Idaho Meridian, Idaho 83642 Ms. Styles; On May 22, 1995 we met to discuss the issue of Meridian Greens residents having their view being blocked by two story buildings in Hunt's Bluff Subdivision. Lots twenty- six through thirty-one were discussed as the ones likely to be a problem. I have made contact with all of the owners of the lots. The information I gleaned follows: Lot 26: Greg Coman was granted permission for a two-story house by the Meridian City Council. Lot 27: Mike Gotcher is an opportunist and is considering building a 2 -story house. His telephone is 376-7738, and pager 389-0012. Lot 28 Bill Hardy is building a one-story, and has completed plans now. Lot 29: Marty Goldsmith is the owner and is marketing this as a residential lot for a one-story building. (I will proceed on a best effort basis.) Lot 30: Stetson Homes is the owner and is strengly considering a one-story spec. house. r:ans am not, yet drawn and iihis decision is not final. '939-77-530 Lot 31: Is. a completed two-story house. I have advised all concerned parties of both of our positions. I will continue to be cooperative with you and the City in resolving problems that develop from this issue. I hope that you find the information here and my efforts to be amenable, helpful in your own efforts. Sincerely Marty Goldsmith X550 7V ylafe _Xae,4 P.?,7,;7 '6W 3 Y970Y Via. �iO9/ 9_YY 33790 A"00 Meridian City Council May 2, 1995 Page 7 Kingsford: Moved by Bob, second by Max to approve the bills, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: DEPARTMENT REPORTS: Kingsford: Shari Stiles: Mr. Mayor and Council I wanted to update you on the Hunts Bluff No. 2, after reviewing it with Wayne Crookston we have come to the conclusion that the City really cannot restrict those lots to one story homes even though the developer indicate during the public hearings that he didn't intend to build two story homes there. It is just another indication that we are going to have to pin them down item by item, particularly when it is an already annexed piece of property. He did make some statement about not having it and that he would prefer not to have that restriction on him, but he would stick to the one story houses if it would make that adjacent property owner happy. But unfortunately no conditions were put on the plat that said there would be one story homes there. That is kind of the conclusion Wayne and I came to, I don't know if you like it. Morrow: Let me ask for some clarification, obviously part of our approval process is based on what is represented to us during the testimony. I would think speaking for myself that essentially he committed to one story homes there along that common property line. I think that is part of doing business or part of the approval thing. Now, where is this falling apart, how come we can't hold a man to what he said he was going to do? Stiles: That is kind of my question too, when it came up, what happened was he initially submitted the plat to Planning and Zoning with 20 lots. What got approved at Planning and Zoning was not what was presented to the Council, he added more lots which what he had was 11,000 to 13,000 square foot lots around the culdesac which would have given him plenty of room to have the 1600 square foot homes on a single level. He had squeezed in more lots in there which has tightened up the lots to the point where it may not be possible to have have a 1600 square foot home due to the size of the lot. When, Mr. Stillwaugh had continually written the City about it and apparently he got a phone call from someone in City Hall is what he says, apparently in response to a letter he wrote to Wayne Forrey voicing his concern. He got a call back from City Hall that said the developers agreed to have one story homes there and it was a word of mouth kind of thing, nothing written down and agreed to. I agree with you as far as if somebody says they are going to do something they had better do it. But legally since the 2 story thing didn't really come up until the variance, which was a variance for tiling the ditch, which had nothing to do with the 2 story homes, but apparently the variance application this Don Meridian City Council May 2, 1995 Page 8 Stillwaugh had seen the new configuration of lots and that is when he became concerned, but the findings didn't address it because it was a public hearing for tiling of the ditch. Morrow: So, have we reviewed the recorded minutes? Stiles: I haven't listened to all of those minutes, but there are a couple of statements in the public hearings that, one of them was, I have no intention of having 2 story homes there, I am not saying there might not be one but and that is where it left off. Another statement he made was if it comes down to it I am willing to not have the 2 story homes there if that will help him feel comfortable with that. I don't want to put that restriction on myself unless I have to. So apparently he didn't and no one else did either. Morrow: Well, I was under the impression that when we approved it we put that condition on. Stiles: The actual approval, let's see, it was part of the variance so all that was moved at that time was to have findings of fact and conclusions of law prepared for the tiling of the ditch which wouldn't have included anything, any of that testimony because it really didn't have anything to do with the matter that was at hand, the real matter. Kingsford: (Inaudible) discussion of that at final plat then? Stiles: The final plat had been approved prior to this variance application even being submitted. Kingsford: Right, but there was no discussion of the 2 story houses at final plat? Stiles: I believe there was some concern, there was more concern about the size of the houses be 1600 square feet next to Meridian Greens, that was all I really saw during the public hearing was that. Kingsford: I believe they also talked about a shake roof. Crookston: Mr. Mayor, there was consistent statements from the developer of Meridian Greens as to a desire to have the house sizes match the house sizes in Meridian Greens. There had previously been restrictions on Sportsman Point and as I understand it from the record that I reviewed the same restrictions were placed on Hunts Bluff No. 1. There were restrictions placed on Hunts Bluff No. 2 regarding the square footage that there be 1500 throughout the entire subdivision but with 1600 square foot homes on those lots that fronted Meridian Greens. There was, when the final plat came before the City Council, there was a memorandum from Wayne Forrey to the Council that stated that the developer Meridian City Council May 2, 1995 Page 9 had committed to height restrictions but there is no evidence that the Council took action on Mr. Forrey's recommendation. There is nothing on the plats that reveals a height restriction, there is nothing in, there is no comment whatsoever in the annexation and zoning because that occurred approximately, more than a year before Hunts Bluff No. 1 and over almost 3 years prior to Hunts Bluff No. 2. If we were talking about a restriction for height it would have been better to have done that at the annexation and zoning. We do not have a height restriction in the zoning ordinance except as to a maximum height for houses. It doesn't speak to single story or 2 story or 3 story it just says 35 feet I think in R- 4, R-8 I think it is 40 feet in R-15 and R-40. That is the only height restriction we have without placing it on there or without an agreement by the developer I think it is very difficult to put that on a developer because we don't have it in our ordinance. Morrow: This was not part of the development agreement of this phase was not subject to a development agreement? Stiles: It was annexed back in 1990 and it never came up except as a comment of Wayne Forrey that it should have a development but it couldn't be required because that is a condition of annexation. Crookston: It was annexed in 1990. 1 agree with you that when a developer makes those representations and had the developer made those representations in a proceeding that related to the plat and particularly the annexation but at least the plat I think that we would have a much better case. He made the representations on the variance request and while they were made we didn't push forward on it and require it. It is not on the plat it is not a requirement of approval of the plat. There is no statement about restrictions regarding it other than in the variance proceeding as I read it. Morrow: So Mr. Mayor, what is your interpretation of this? Kingsford: Well, I guess I agree with Wayne, if it is not in the discussion at the time of the platting and we don't have a specific requirement of him he has agreed to either in a development agreement or on the plat we are on pretty thin ice. Corrie: Mr. Mayor or Shari, refresh my memory, who is the developer here? Kingsford: Marty Goldsmith Corrie: That is what I thought, thank you. Morrow: What are your thoughts Bob? Meridian City Council May 2, 1995 Page 10 Corrie: I agree with the Mayor, I don't like it either, I think we made a mistake, we are going to have to bite the bullet and go with it. Kingsford: How many of those lots are not developed yet? Stiles: There are probably 3 or 4, they are about the only ones left in the subdivision. Kingsford: I think at a minimum Council let's see if we can get Marty in here and negotiate that, the ones that are still open. He did make those commitments I don't know if we could force him to, but I think he may want to do business with us again. Corrie: I would like to sit down and talk with him. Morrow: Let me propose a motion then that we continue to hold building permits for those affected lots until Mr. Goldsmith has made an appearance before the City Council. Kingsford: City Council or individuals, do you want to meet with him individually and discuss it? Morrow: No I prefer to do it in the public arena. Obviously if the guy is not going to keep up with his word we need to have it in the public arena we need to have minutes on it and we need to have iron tight stuff. As far as I am personally concerned being in the industry he has forfeited the right to have individual conversations with any elected official because he is not keeping up with his word period. That is how I feel about it. Corrie: Mr. Mayor I agree with Walt, I question whether we can do the complete, stop the building and then (inaudible). Kingsford: Let's have a second to the motion and then discuss it. Yerrington: Second Kingsford: Moved by Walt, second by Max to withhold building permits on the affected lots until a discussion is held in the City Council meeting with Mr. Goldsmith, Mr. Crookston you statement? Crookston: There is a builder who has called me, I believe his name is Mr. Coleman, he does have plans before the City Building Inspector. I think we are on the basis of, just a smudge or more at risk if we halt or stop building permits the way I feel that it stands for a builder that has submitted an application for a building permit. Meridian City Council May 2, 1995 Page 11 Kingsford: I would agree and I think that ought to be treated as the ones that are standing. But certainly on those other lots, if there are some we need to deal with Marty. Crookston: I agree with that completely, I don't like the way it is going but I think this is the way we have to proceed with it. Kingsford: Mr. Morrow, would you amend you motion to include those lots not either built or applied for? Yerrington: I withdraw the second. Morrow: I would amend my motion. Yerrington: Second Kingsford: Moved by Walt, second by Max to withhold building permits on the non -built, non -submitted lots adjoining Meridian Greens until a meeting has been held with Mr. Goldsmith in the City Council, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: You will notify Mr. Goldsmith Will. Morrow: I have a question quite candidly, is this Mr. Coleman a single level or a 2 story home? Coleman: It is a (inaudible) when we bought the lot, it is a pre -sale house. When we bought the lot of course there was nothing on the plat or in the CC&R's saying there was a height restriction. Now we are being told that particular lot might have a single story requirement and we are having a hard time with that in the fact that it was nowhere in the public records. It was just brought up after the fact it seemed like. If this was a spec house it wouldn't be that big of a deal to me but it is a pre -sell, people pick the lot and they pick the plan and I would just be in a difficult situation going back to them and telling them well by the way this lot is not a lot we can build a 2 story house on. Usually we have to be able to rely on the final plat if there is a restriction on a particular lot we have to be able to look at the plat and have come confidence in the plat. Morrow: Thank you, I would like to make one more comment. I think that this is a perfect example here of the City not getting what they want. Obviously Mr. Coleman and his clients are certainly entitled to press ahead with their project based on what they believed to be accurate. I think it further underscores the need to have any restrictions that we Meridian City Council May 2, 1995 Page 12 place on any subdivision at point of annexation on the plat so that it notifies the entire world, I have made that comment several times in my 16 months here and I think this points up another example of having to have that stuff on the plat. I guess word to the staff is let's make sure it gets there in the future. That is what we need to do. Smith: Mr. Mayor, can I same something. In the length of time that I have been City Engineer the final plat on a subdivision has always been considered to be a survey document. I was noticing on the last plat that I signed which was the Landing No. 7 that there were something upwards of 17 or 18 notes on that plat. It completely occupied the bottom third of the plat sheet. I am just concerned that if we take all of the restrictions and I can understand what Councilman Morrow is saying because that plat is what the builders see. That is what the developers offer and their realtors offer to the builders and that is what they see. But I am just concerned that the plat is going to turn into something other than that it was intended to be and that is a survey document that shows the legal descriptions of the lots, distances, bearings, numbers, the boundaries of the subdivision. Kingsford: Where would you put it where we have a legal tag on it, if it is not on the plat? Smith: It just seems to me that the CC&R's of the subdivision is the document that should be used to describe the conditions of building and living in that subdivision. CC&R's carry numerous restrictions, conditions for the subdivision. Kingsford: The problem I see with that Gary is the City has never wanted to be in a position of enforcing CC&R's. Yet if we place that restriction we put it in the CC&R's we would be more or less obligated to help enforce that. Morrow: May I throw the other issue in with respect to CC&R's at some point in time the Homeowners Association becomes the administrator of that, they could amend for undeveloped lots, amend those CC&R's in such a manner that something different could be done than what was intended by the City to begin with. I think the other thing is that typically on plats that we receive in the industry if there is a restriction of some sort that is specific to a certain lot or group of lots they are either signified right on the plat, one of which I saw yesterday in terms of a Riverside Village lot that simply said no 2 story right within the confines of the lot. Other areas that have site corridors and those kinds of things are denoted by cross hatching or diagonal marking or something like that, that calls the attention to the whole world if you will that there is something unique about those particular lots. What it does I think by being on the plat is it puts everybody on notice that there is something unique and they need to follow up and do further research. Maybe in the CC&R's all the specifics can be addressed but I really think that at some point on the plat there has to be something there that notes there is something unique going on so that everybody is of notice. From a builder standpoint it is often we get for example, we always n Meridian City Council May 2, 1995 Page 13 get a plat map because that is what we have to site the house by is the plat map. Often times we never see a set of CC&R's or we get an encapsulated version that simply hits the highlights as to square footage. Some of the CC&R's Gary that we now receive are in excess of 100 pages and so where do you work your way to find out some of these things if you are not noticed on the plat that in that document there is something unique about a particular lot or part of the subdivision or whatever. Kingsford: I think Gary's point is we don't want to clutter it up too much, so there might be a balance somewhere. Crookston: I think the way that we could handle is to just have a note on the plat to see the restrictions placed by the City of Meridian on this plat. That are not shown on the plat, tell them that it is there, put them on notice that there are other restrictions that are not on the plat but that they do apply to the particular subdivision then they are put on notice as to that requirement. If they don't go look at them that is their problem. Kingsford: Then you have increased the bureaucracy at City Hall and more people have to come in and sift through those records and find out what those are. I think you want to minimize as much you can that sort of thing. Gary, you were about to say something. Crookston: It could be something that is recorded with the plat, not part of the plat but recorded at the same time. The other point that was raised was doing this at time of annexation, just like in this particular instance it happens now even still property is annexed and we don't know what is going to go on it. It would not bother me in any way to say we are not going to annex anything until we are presented a development plan. That is totally up to the Council. Smith: Mr. Mayor, I don't think we have a problem at this point in having that number of notes, but I am just concerned because what I am seeing is an evolution of more and more and more notes being placed on the plat. If we get to a point where the plat has to be at a scale that is readable especially when it is reduced to maybe what the builders get in their packet from a realtor. It has to be readable, it has to be legible, and so it has to be of a certain scale. Our ordinance says that it can't be any smaller than 1 inch equals 100 feet but when you start you getting into the smaller lots that we have had some of which we don't have many of any more, with all the dimensions and all the bearings shown on each one of those lots which has to be shown, it gets to be really small. If we get those subdivision plats larger scale it may get to a point where we have to put notes on another page of the plat. And that could happen by adding a sheet to the plat. Where we have 2 sheets now, a plat sheet and a signature sheet we may have a note sheet. But again, the builders are probably only going to see the plat sheet, I don't think you see the signature sheet now do you? That isn't part of what you need to site the house. I don't know, but it /1 Meridian City Council May 2, 1995 Page 14 may come to that. I don't think it is there yet, but I have just seen notes evolve from 5, 6, 7 notes, now on this last subdivision like I mentioned there was something like 17 notes on that page and it gets really busy. Corrie: Mr. Mayor, as the plat, you.have the plat page and the signature page is that page 1 of 2 and 2 of 2. Maybe we could say it is 3 pages then and then it is up to the developer whoever it is that they better make sure that they have all of those pages. May not want to pay any attention to the signature but if there was 31 would think that if I were a builder I would pay attention to the builder. Kingsford: The notes ought to be the second page (inaudible) Corrie: That is correct. Kingsford: Well, dully noted and you have been City Engineer for how long? Smith: Since 1985. Kingsford: Longer than 16 months. Morrow: That is alright I will still challenge him. Stiles: Mayor and Council the next item is the Bedford Place Subdivision that is adjacent to Fothergill Subdivision to the north. If you will remember this is the project that was having a hard time getting their R-8 zoning until they convinced the Council it was the amenities they were providing were going to enhance the City to the point where you would welcome this subdivision. The bike path is designated along the South Slough, and was a natural, I considered it to be a natural waterway that was very pleasing and a nice amenity. Unfortunately this subdivision has relocated that to in some places as close as 6 feet to the adjacent Fothergill Subdivision. It is close to 10 feet deep, extremely deep slopes, Gary estimates about 1 1/2 to 1 maybe. This was done last Monday I believe and the calls immediately started coming and have been coming in on a daily basis. Wanting to know what is going to be done, threats from people that they were going to sue the City, realtors going to sue the City, going to sue Brighton, they are going to sue anybody they can think of. If you have gone out there, if any of you have gone out and looked at this it is huge, I mean an animal would get caught in it, a human would have a very hard time getting out of this. When they started digging this they knew full well that they weren't complying with the plans that had been submitted. The plans showed 4 feet deep and slopes and 20 feet off set from Fothergill Subdivision. I think at the very minimum we need to require fencing be put in immediately, their plat hasn't been signed, they have come up with some options that they came in and talked to us about today. Their final plat was JAN -24-1994 16:42 AIR VAN N0. 2449 Rua Wayne Forey, PIanning Director City of Meridian 33 E Idaho Meridian, Id 83642 RE: HUNTS BLUFF #2 SITBDMSION Dear Mr. Forey, 2083453813 P.01 RECEIVED JAN 2 4 1994 CITY OF MERIDIAN During the City Council meeting on January 18, 1994, I poiutL*d nts` ui, t mer dramatically from the diagram Oil Hunts Bluff �2 had rhan_aPd n,t y gram Presented at the �-...:.:.-a- - ----' _-`--- ._...sn.+.,.�i1.. tie ....tet.. _� r-n,� _• - - - - - .....:...::� i'v:.s �ivivu JlLill� IRLG su—r or lots. Our concern is that smaller lots and lower priced homes will reduce our property values --n-31 1ivigi ►F!. An additional i-nnn—m- :c th-at tka,, a..,,_-- �- iuc —Cwo siory homes behind our home will block ___ . _,r :�, ava.r VL WG 111VU11L[l1111. We would like to come to an agreement with the developer to assure us what the lot size and Weil as an Commitment for sinizie story harnes- I have enclosed copies of the notices we received along with lot configurations. We gral wait your response. Don C. Stillwaugh 1822 S.E. 5th Way Meridian, Id 83642 Home 888-7417 Work 345-3030 FAX 345-3813 JAN -24-1994 16:42 AIR VAN NO. 2449 2883453813 P.02 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idahot that the and 2aning Commission of the City of Meridian will hold ;s i= the Meridian City Hall, 33 East Idaho Street, =daho, at the hour of 7:30 P. M. , on October i, 2993, ! oi- the novpose of reviewing and considering the Application of i L_ � - �thl for Preliminary Plat of Hunts Bluff # �i$ sh generally located on Overland between i vL-'USZ ka4}uVe and nunmiNpi-i" 9 alt_ A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Wall; 33 Far.+ Idaho Street, and is available for inspection du. ;"z; .- business hours. A copy of the Application is available upon request_ Any and all interested persons shall be heard at said public - hearing and the public is. welcome and _...iced tv SU te5tieon_y. (� Dated thisI day of 1933. iT 1eea. � Vie WILL SERGp CIT CLERK JAN -24-1994 16:43 I AIR VAN N0. 2449 2083453813 i AE 1 A in 14 P. 03 _ ii;, V 5ill SHEPH£RDt �44 5 SOTMi t0 9 i S E. 90R Z C" E. FES. -,� S ui[ q Wit imp o dq Avg!-% s � i } 4 � •/ S 3 �'! SL '�+� :cif � � ' ra ffA JAN -24-1994 16:43 AIR VAN N0. 2449 2083453813 P.04 r r � �\ NOTICE OF HEARING =NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the a State of Idaho, that the City -•--.-,....-...moi ..a �.�w %-Ltt–i V– =t:-.L..."....._F-ajL W.L.L.L li4riu a aii—F–.-- __--_ __--- ----- --=_s -I��i�eE�{. 1•i 47 A« 1la411V Vl..1 0111 . 1lJn11i1 _ rsf. 1.1Ir. __– -- u.i .- o � i c an:so i .�,_ wsiiiu�.` 7 �.: • ��.� � �v� r��.. 'r::.i. ':'.:�G L%IL i srx _ i... w t 13Y3 L. _ - u .... e..i,:Li is V te=a .i. S.i1 Lii k-4 .1SBF iiia-- i 11ii �i rl.L.L . _s==_ w . . --. aj=i-=.L.Z1 i..av ....=%A %ji. y,.L MLjm;ii.: t_ =w ".L more part---ular Legal description of the above property is tSri t� I� 1h fi11P cl-.V [_it -t -w nftir_a at- Maririian ��vt%r ila� a '1 -1 �a � inspection during regular A copy of the Application is available upon reques`_ Axny Dated this 3 day of January 1994. Meridian City Council April 18, 1995 Page 30 Smith: Well, I am sorry that didn't get to you but it will. Kingsford: Well, it is not your fault, but check with Bruce on that please. Shari? Stiles: Mr. Mayor and Council, I wanted to note on that Treasure Valley Business Center one thing Don Smitcher said about the cost of tiling that, they said it was a 36 inch pipe, but the problem is there is so much fill that is going to be required because that is a huge fully through there. Some places it is 39 feet wide and it is quite deep so that was, he thought that might double the cost actually of doing that. I am sorry I didn't have anything in your packets for this Hunts Bluff. I don't know if you have seen some of the letters that have come in, a Mr. Don Stillwaugh that lives in Meridian Greens. He is concerned because the preliminary plat that was approved at Planning and Zoning had 20 lots when it reached the Council 3 lots had been added, most of them around the culdesac adjacent to his property. He had attended all of the public hearings, apparently he didn't pick up on the added lots until a variance application was submitted. At that time he brought up the issue of the 2 story homes that would be behind his house and he was concerned about the down sizing of those lots that would probably necessitate 2 story structures be built there with a 1600 square foot minimum. He attended the meeting on January 18th, he said that in response to his letter where he expressed his concern about 2 story homes that someone had called from the City, a woman on January 19th I believe and that the builder had agreed to build single story homes on the lots adjacent to Meridian Greens. In going through the old minutes at the variance hearing Mr. Goldsmith said," the lots are an average of 11,000 square feet approximately and I have no intention of building 2 story homes there. I can't say that there wouldn't been one but," I don't have the entire transcript of that unless he just ended like that. Then he said, "if it comes down to it I am willing to not have the 2 story homes there if that will help him feel comfortable with that, I don't want to put that restriction on myself unless I have to." The problem is this was annexed before any plan was submitted to the City and there were no findings required for the preliminary plat. I just want to know how far we can go, can we restrict 2 story homes on those lots that are immediately adjacent to Meridian Greens. Kingsford: Have they not been built on? Stiles: There has been one 2 story home built, the other lots have not been built yet. Kingsford: What is your feeling Counselor, it seemed to me like from those minutes that he should have not built 2 story homes on them. Crookston: I would have to review the minutes, but unless there was a specific representation by Mr. Goldsmith that it would not occur, that 2 story houses would not be constructed I don't know that there is a restriction on him. If it is not in the findings, if it is Meridian City Council April 18, 1995 Page 31 not a specific agreement between the City and Mr. Goldsmith I am not sure how far we can push that. Kingsford: Well, would you review that and I will suggest to the Council maybe a motion to not allow building permits on those parcels until that research has been done. Morrow: Mr. Mayor, point of clarification here from one in the industry, generally speaking when you have those kinds of restrictions, those things are noted on the plat and they are also noted in the little handouts that we get from the developers or realtors clearly showing that there is something specific about the particular lot that we have to meet. So, I would caution you here that from standard practice that if we are going to do things like this then we need to make sure it calls it out on the plat so it is there for everybody to see. Whether they be view corridors or specific like no 2 story on these particular lots or whatever. We need to make that well known as it comes through here. So, the issues really can be that unless it is on that plat and those handouts and the builders, developers and realtors are aware of that and consumers when they buy the lots it is real easy to go ahead and spend money on plans and specs and then either have the building department turn them down or have it missed by the building department and have a project well constructed before a neighbor in this case brings it to the attention of the City. Kingsford: My concern is maybe it was as you say missed on the plat. It still doesn't reduce the fact that he may or may not have agreed to do it. Other comments of the Council? Tolsma: (Inaudible) Stiles: I have talked to him about it, he said he didn't have anything in writing and that is what he also indicated to Mr. Stillwaugh that it wasn't some written down agreement, he wasn't bound by anything. Corrie: Mr. Mayor, that seems to be his attitude in many things that have come to my attention. I guess my question would be if I might, with the attorney, if it is on record that he said this and we have it on record can't we there stop him from doing that legally, taking into consideration what Walt said, is it still part of the legal (inaudible). Crookston: If it was done where he specifically made a representation that that would not be done there may be grounds to now prohibit that, but I can't say right now because I don't know what he did and did not say. But I agree with Walt that is has to be or should be an agreement that is written down and actually recorded and it is wise to have that restriction placed on the plat. I will just have to check it out for you Bob. n Meridian City Council April 18, 1995 Page 32 Corrie: In other words we may be out in left field as far as saying you cannot build that until we find this out (inaudible) I am in agreement with the Mayor also (inaudible) Crookston: I think I am just going to have to find out exactly what was done. Kingsford: Well, let's do that posthaste because I can see a 2 story house going up (inaudible). Crookston: Are you restricting issuance of building permits until that is done? Kingsford: Well, that was one of Mr. Corrie's questions to you was can we do that? Corrie: (Inaudible) because of a water problem (inaudible). Smith: Mr. Mayor, I have on occasions restricted building permits in subdivisions until some items have been taken care of by the developer (inaudible). It certainly gets those items taken care of. Kingsford: But I don't know (End of Tape) I think if that is the case we may be able to legally make them tear down that house, I don't think that is our desire. It might be the neighbors desire. I would a lot rather us deal with the concerns about not issuing a permit for 2 weeks then to go through the hassle of maybe having to tear down a house in a year. Corrie: Mr. Mayor, I think we can go ahead and do that because it is going to take 2 weeks before their attorney's can get back to us anyway. We can just, I will move that we restrict any permits for a 2 week period from tonight until we find out about this information on building permits, just on those lots. Tolsma: (Inaudible) Kingsford: Culdesac lots, I think we are talking about 3 more aren't we, isn't that what you just said there are 4 total? Stiles: At least Berg: Shari, was that involving the lots that were required to have shake roofs? Stiles: Yes Berg: So, how many lots is that, that is all the way around that? Meridian City Council April 18, 1995 Page 33 Stiles: 1 think there are 5 lots left. Berg: There are 6 lots required to have shake roofs. Shari: Six lots were required to have it. Corrie: So we are talking about 5 lots. Berg: (Inaudible) and then there is one on the interior, (inaudible). Corrie: But I didn't think that it affected as far as they are concerned on that side. Stiles: Right, they were just worried about the ones right (inaudible). There is also a note in the file from Wayne Forrey that said because the developer committed to building height and roofing material restrictions during the public hearing process, approved by the City Council should be contingent upon complete file review of all the minutes to verify compliance with all development issues. I will probably have to go back and actually listen to some of those minutes, I think there are some missing items but I will get those to you as soon as I can. Corrie: My motion is for (inaudible). Kingsford: Is there a second? Yerrington: Second Kingsford: Moved by Bob, second by Max to not allow building permits on the affected 5 lots for a 2 week period. Smith: Mr. Mayor, point of clarification, (inaudible) so I can be specific? Kingsford: Do you have those that you can read off to me now? Stiles: It is Lots 26 through 31 of Block 1, and 31 is the lot that has already been built on. Kingsford: So it is 26 through 30 that we are talking about. Morrow: Mr. Mayor, I think Mr. Corrie should amend his motion to include those lot descriptions. Corrie: Yes, sir, I will amend that to those lot descriptions. 0 ►L GRANT I. AMBROSE (IPL: 1%!) JOHN O. Fr1ZtiERALD, P.A. WAYNE G. CROOKSPON, JR, PA WILLIAM J. SCHWAR7Z JOHN O. FP/TiGERALD 11, P -4 - PETER W. WARE, JR. AMBROSE, FITZGER,4LD & CROOKSTON ATTORNEYS AND COUNSELORS AT LAW 1530 WEST SPATE - P.O. BOX 427 Brian F. McColl WILSON, CARNAHAN & McCOLL 420 West Washington p. 0. Box 1544 Boise, ID 83701 MERIDIAN, IDAHO 83680 THIS FIRM INCLUDES PROFESSIONAL CORPORATIONS June 5, 1995 RE: FARWEST DEVELOPERS, INC. TMM4iONZ CM) I FACSIMILE (10) Us'" RECEIVED J U ti - 5 1995 CITY OF MERIDIAN Dear Brian: dated May 2, 1995, on May 10, 1995. I received your letter, Y I apologize for the delay in responding. You asked that I respond tothe laims raised concerning the Those incidents relate to last three ( 3 ) incidents in your letter. nhht restrictions, hose Hunts Bluff Subdivision No - ? ioNg 2e1and the house sizesuin sizes in Salmon Rapids Subdivision o Los Alamitos Park No. 1. on houses, In regards to the Hunt eSultuof the Blff gcity es receivinga complaint this matter came up as a r from an owner of adjacent Mr. Goldsmith lhadeindicated thatthere Greens. He stated that ert Mr. Goldsmith did would not be two story homes near his property. state at a hearing regarding a ve that he would Meridian Greenst if hewas two story homes on the lots fronting Wa required not to. There was also a memorandum erta Wing tooHunts who was an employee of the City at that time, p h tated in essence, as follows: Bluff No. 2 whlc s r "Because developer committed to building height and roofing material restrictions ... approval by the City Council should be contingent upon all complete velopment file review ... to verify compliance w issues." I addressed this issue with the City Council and indicated to ed on them that there were no height restrictions specifically ac height this property and Litt was my understanding was no Ity t at toplace Pbuilder was restrictions n t delayed in the construction of a two story home, but was allowed to finish his project. It was also my understanding that this matter was going to be discussed with Mr. Goldsmith to see if it could be agreed that, on lots adjacent to Meridian Greens, no further homes would be built that were two story in height. I do not know the final status of any discussions. In regards to the home sizes in Salmon Rapids No. 2, the Findings of Fact and Conclusions of Law for the annexation state that there will be 1,500 square foot homes within 500 feet of Meridian Greens. The preliminary plat application states that the homes would be 1,400 square feet, but the final plat application states that the homes would be at least 1,500 square feet and on the final plat, it lists 1,800 square feet as being the mandatory requirement. In regards to the home sizes in Los Alamitos Park, the Findings of Fact and Conclusions of Law state that the R-4 house size requirement applies, which is 1,400 square feet. However, the Los Alamitos Covenants, Conditions and Restrictions require 1,500 square feet as a minimum for house sizes. Also, the final plat application received by the City on April 14, 1994, states that the minimum square footage of the structures would be 1,500 square feet. Therefore, from the above, it can be seen that one builder was slowed down while the City of Meridian considered the issues regarding two story houses in Hunts Bluff, but to my knowledge the matter has been resolved. With regard to the house sizes in both Salmon Rapids and Los Alamitos, the City is not requiring a larger house size than Mr. Goldsmith asked for and submitted on his final plats. I don't believe therefore, that the City of Meridian is causing any more hardship on Farwest Developers, Inc., which as I understand it, is basically Marty Goldsmith, then they requested to have placed upon them. If you have any further questions, would you please communicate them to me and I will try and respond to them. n Very truly yours, WCROOKSTON,J . WGC/jld cc: William Berg Meridian City Clerk i j UtilL-S NL) NUL\V -MNM —PU L -u .411's VPrw1 M* uuolop UO1 a -' 0A IIS s —'bu3 Vd 831VIJOSSV ONV 30NV'1'kOH �vL OO Z LVw A��fl'19 lvdvwrw-11wRUd a • CONCKIE SIRUCTURE o iai ipo•.p� ^. • .Sarw l A^M ■ \n .... � 4 A�r X 12 i M¢ 4 6�g C�p d M i d • � 28 April 1994 A�CE1VED MAY -414 CM OF MERIDIAN 07 111111;711111111111111 01�1 11111i .� �r David H. Roylance Roylance & Associates P.A. 4619 Emerald, Suite D-2 Boise, Idaho 83706 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Re: Hunt's Bluff No. 2 Subdivision Dear Dave: Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345.2431 The Nampa & Meridian Irrigation District has received and reviewed the plans for Hunt's Bluff No. 2 Subdivision. The plans show that the District's Eightmile Lateral courses along the east and south sides of the subdivision. The District needs to maintain a minimum of an 18 foot road way and we would prefer to have a fence between the lots and the District's right-of-way maintenance road so that we do not have problems with the landowners. We will need to see detail regarding storm water retention or discharge. We did not receive this information and the District cannot do a complete review without it. Nampa & Meridian Irrigation District will need an agreement for any fence or seepage bed encroachment on the District's Eightmile Lateral easement and for any storm water discharge into the District's system. After the District has completed a review of the project, you will need to contact the District's attorney, Andy Harrington, at 342-4591 and request that he prepare a License Agreement for the above mentioned requests. Feel free to contact me if we need to discuss the matter further. Sincerely, John P. Anderson District Water Superintendent pc: Each Director Secretary of the Board Andy Harrington John Sharp Liaity of Meridian Ada County Development Services Bill Henson Rider 4 APPROXIMATE IRRIGABLE ACRES File RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 CENTRAL 000 DISTRICT IrHEALTH . I ID 83704.208 375-5211 • FAX: 327-8500 DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL. BOISE, ( ) To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. 94-219 May 5, 1994 !M„AY 14.'�994 DAVID NAVARRO ADA COUNTY RECORDER CM ”"'"�ii.�l►ru 650 MAIN STREET BOISE ID 83702 RE: HUNTSBLUFF NO. 2 SUBDIVISION Dear Mr. Navarro: Central District Health Department, Environmental Health Division has reviewed and do approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given on May 4, 1994. No lot size may be reduced without prior approval of the health authority. If you have any questions please call. Sincerely, Thomas E. Schmalz, H.S. Senior Environmental Health Specialist cc: Tom Turco, Director HUD City of Meridian Farwest Developers Roylance and Assoc. Ada / Base County Office 707 N. Armstrong PI. Boise, ID. 83704 Enviro. Health: 327-7499 Family Planning: 327-7400 Immunizctions: 327-7450 - Nutrition: 327-7460 WIC: 327-7488 Serving Valley, Elmore, Boise, and Ada Counties WIC Boise - Meridian Elmore County Office Elmore County Office 1606 Roberts 520 E. 8th Street N. of Environmental Health Boise, ID. Mountain Home. ID 190 S. 4th Street E. 83705 Ph. 334-3355 83647 Ph. 587-4407 Mountain Home, ID, 324 Meridian, ID. 83647 Ph. 587-9225 83642 Ph. 888-6525 &J A valley county Office P.O. Box 1448 McCall, ID. 83638 Ph. 634-7194 n Meridian City Council May 17, 1994 Page 14 Kingsford: You might hang on a minute Marty in case there are any questions on those. Counselor, have you reviewed those? Crookston: I have and they are basically the same comments that I had on Salmon Rapids. Kingsford: A motion similar to the last would be appropriate. Yerrington: So moved Morrow: Second Kingsford: Moved by Max, second by Walt to approve of the CC&R's for Los Alamitos Park subdivision conditioned upon the City Attorney and developer agreement on those items, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: COVENANTS, CONDITIONS, AND RESTRICTIONS FOR HUNTS BLUFF NO. 2: Kingsford: Does Council have any question of the Attorney on that? Morrow: I had some Mr. Mayor, Wayne I didn't see in there where there was a mechanism for a homeowners association. Crookston: Again, I don't have my copy. Morrow: It may be that I just overlooked it. Crookston: They are almost exactly the same as the covenants for Salmon Rapids. Morrow: What page are you on 5, Kingsford: Do you have page 7, Ron has 4 of them. Morrow: I am missing 5, 6, 7, that would explain why I don't see any. Crookston: It is a creation of a lean for personal obligations of assessments. These are almost exactly the same as Salmon Rapids. DECLARATI CONL_TIONS AND ON OF COVENANTS, ' LUFF NO. 2 SUBDIVISION RESTRICTIONS OF HUNTS B , 1994, by THIS DECLARATION is made as of the day of F ARWEST DEVELOPERS, INC., hereinafter referred to as "Declarant." RE C9AL 2- A. Declarant Farwest Developers, Inc. is the owner of certain real property in Ada County, State of Idaho, more particularly described as follows: The West half of the West half of the NTownsh p 3west arter Northf the Northeast quarter of Sectio Idaho. Range 1 East, Boise-Meridian, Ada County, Except therefrom A parcel of land being a portion of the West half of the uarte West half of the Northwest quarter of the eo 1hEast,east gBoiser of Section 19, Township 3 North, Range 1 particularly Meridian, Ada County, Idaho and being described as follows: Commencing at a brass cap marking the quarter corner common to Sections 18 and 1a d 19, Township 'from which tsection he North, corner common to Section 18 Range 1 East and Sections 13 ane Zees 43'43" 4, Township 3 Orth, Range 1 West, bears South 89 9 Thence South 0 degrees 33'5" Wtaalong of991 66 feet to a Centerline of Section 19 for a dnce point on the centerline of the Eight aMil described Lateral, in of that the Nampa -Meridian Irrigation District, document recorded with Instrument .703075, said point also being the True Point oBeginning; Thence along a curve to the left, being the Centerline of id said Eight Mile Lateral, for a distance13 de of 1 43'.43 feetradaus curve having a central angle of 9 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 1 / 1 of 90.00 feet, tangents of 10.77 feet and a chord length of 21.38 feet bearing South 62 degrees 31'09" East; Thence continuing along said centerline for the next 2 courses; South 69 degrees 20'30" east for a distance of 67.50feet; Thence south 76 degrees 15'18" East for a distance of 255.14 feet; - Thence leaving said centerline, sough 0 degrees the East- West West for a distance of 238.02 feet, to a point West centerline of the Northeast quarter of Section 19; Thence along said East-West centerline south 89 degrees 45'52" West for a distance fme of S87 ection 1 irto an on pin marking the center north 1 /1 co Thence along the North;Southo� a distance of 333erline of said 169 feet ion 19, North 0 degrees 33'55" East f to the True Point of Beginning. The above described parcel of real property is hereinafter referred to as the "Subject Property." upon Subject Property certain protective B. Declarant desires to impose liens and charges for the covenants, conditions, restrictions, reservations, easements, benefit of Subject Property and all present and subsequent owners thereof, and all ances of Subject property or any part thereof shall be subject to this conve Y Declaration; NOW, THEREFORE, Declarant hereby imposes upon Subject Property the win easements, conditions, covenants, restrictions and reservations which shall follo 9 run with Subject Property and be binding upon all parties now or hereafter having any DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 2 right, title or interest therein or to any part thereof, and shall inure to the benefit of each owner thereof. ARTICLE 1: DEFINITIONS. The following terms shall have the following meanings: 1.1 "Association" shall mean and refer to Hunts Bluff No. 2 Subdivision ' Association, Inc., a nonprofit corporation organized under the laws of Homeowners , the State of Idaho, its successors and assigns. "Subject Property" shall mean the property defined as Subject Property 1.2 J in the recitals above. rising 1,3 "Lot(s)" shall mean and refer to the plots or tracts of land comp designated by lot numbers on the plat, or any resubdivision thereby. Subject property,le title to 1.4 "Owner" shall mean and refer to the record owner of fee simp ludin those record owners having title merely for security for the any Lot, exc 9 performance of an obligation. 1.5 "Declaration"shall mean this Declaration. . rtion or part of any structure intended 1.6 "Dwelling Unit" shall mean that po ied as a single-family residence, together with the vehicular parking garage to be occu p next to such dwelling unit and all projections therefrom. contract 1.7 "Mortgage" shall mean any mortgage, deed of trust, land sale or other security instrument by which a Lot is encumbered. 1.8 "Mortgagee" shall mean any person or the successor to any person named as the mortgagee, beneficiary, seller or creditor under a Mortgage. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 3 1.9 "First Mortgage" shall mean any Mortgage possessing or holding a lien on a Lot or any part thereof prior to any other Mortgage. 1.10 "First Mortgagee" means Mortgagee who holds a First Mortgage. 1.11 "Building" includes any Dwelling Unit, house, garage, or any other partially or fully enclosed building, shed or other structure, consisting of one or more walls or roof. A building includes barns, sheds, animal enclosures which have a partial or full roof impervious to water in whole or in part, and similar structures. 1.12 "Nonconforming Building" includes any building legally existing and/or used as of the date of this Declaration which does not conform with the building restrictions set forth in Article 6 of this Declaration. 1.13 "Plat" shall mean and refer to that certain plat of Hunts Bluff No. 2 Subdivision to be recorded in the Ada County Recorder's office, which plat covers and subdivides all of Subject Property. 1.14 "ACC" shall mean the Architectural Control Committee. ARTICLE 2: ASSOCIATION MEMBERSHIP 2.1 Each Owner shall be a member of the Association, except the owners of Lots 15, 17 and 18, Block 1. Membership shall be appurtenant to and may not be se arated from ownership of any Lot. Ownership shall be the sole qualification for p membership and shall automatically commence when a person becomes such Owner and shall automatically terminate when such ownership is conveyed or transferred. There shall be only one membership for each Lot, except Lot 15, 17 and 18, Block 1 which shall have no membership associated with their ownership. If there are multiple DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 4 r Owners of a Lot, the Owners shall, by written instrument filed with the Association, designate the individual entitled to exercise the privileges of Membership. ARTICLE 3: :'`uTMrT R1cHTS 3.1 There shall be one vote for each membership and one membership for each Lot. Each membership shall be entitled to one vote for each Lot owned, except Lots 15, 17 and 18, Block 1 which Lots shall not have memberships. ARTICLE 4: ASSESSMENTS 4.1 Creation of Lien and Personal Obli ation of Assessments. Each Owner, by acceptance of the deed therefore (whether or not it shall be so expressed in such deed) is deemed to covenant and agree to pay to the Association special assessments should the Association levy such assessments from time to time. if assessed, special assessments, together with interest, costs of collection and reasonable attorney fees shall be a charge on the Lot and shall be a continuing lien upon the Lot against which such assessment is made. Each such assessment, together with interest, costs of collection and reasonable attorney fees, shall also be the personal obligation of the Owner at the time when the assessment fell due. The obligation shall remain a lien on the Lot until paid or foreclosed, but shall not be a personal obligation of successors -in -title, unless expressly assumed. 4.2 Puraose of Assessments. The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 5 f telfare of the residents of Subject Property and to carry out the objectives and and w purposes of the Association. 4.3 Notice and Quorum for S ecial As essment. Written notice of any m9 eetin called for the purpose of making a special assessment shall be sent to all Association members not less than twenty (20) days in advance of such meeting. Such notice shall specifically indicate that a special assessment is to be considered at such meeting. A quorum of not less than a majority of the members entitled to vote shall be required at such meeting whether in person or by proxy. 4.4 Uniform Rate of Assessment. Special assessments must be fixed in an equal amount for each Lot. All special assessments shall equally apply to all Lots, and no special rate or reduction in assessment rate shall be allowed because any Lot is unimproved or does not have a Dwelling Unit thereon. 4.5 Effective N n a ment of Assessments- Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of twelve percent (12%) per annum. The Association may bring an action against the Owner personally obligated to pay the same, or foreclose the lien against the Lot or Lots of the Owner. 4.6Sub=ion to the Lien of Mortgage. The lien of assessments provided for herein shall be subordinate to the lien of any First Mortgage. Sale or transfer of any Lot shall not affect the assessment lien, but the sale or transfer of any Lot pursuant to a Mortgage foreclosure, if the Mortgage is held by any person other than DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 6 i a prior Owner of the Lot, shall extinguish the lien of such assessments as to payments which have become due prior to such sale or transfer. ARTICLE 5: PROPERTY USE RESTRICTIONS 5.1 The following restrictions shall be applicable to Subject Property and shall be for the benefit of and limitation upon all present and future Owners of Lots, or any interest therein, and the Association, which is hereby empowered, in addition to each Owner, to enforce the same: (a) Each Lot shall be used only for single family residential purposes, except Lots 15, 17 and 18, Block 1. (b) Lots 15, 17 and 18, Block 1 are common areas and shall be owned and maintained by the Association, used as a buffer area for lawn and landscaping purposes. (c) No lot may be further subdivided. (d) No animals, livestock, birds, insect or poultry of any kind shall be raised, bred, or kept on any lot, except that no more than two (2) domesticated dogs and/or cats or other small household pets which do not unreasonably bother or constitute a nuisance to others may be kept, provided that they are not kept, bred or maintained for any commercial purpose. Dogs and other similar pets shall be on a leash when not confined to an owner's lot. (e) All garbage, refuse and animal waste shall be properly and promptly tl cleaned and stored and appropriately removed from each Lot so as to prevent unsightliness, or unnecessary or unreasonable odors. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 7 (f) No equipment, motor homes, trailers, boats, camper, recreational vehicles, and other mobile equipment, trailers, implements, and vehicles (excluding automobiles) of all kinds or nature shall be parked or stored on any Lot, unless such items are fully screened or enclosed from view, or unless the ACC has otherwise approved the location and/or screening of said items. No commercial vehicle, trucks with a capacity in excess of one (1) ton, shall be parked or stored upon any Lot or street, whether public or private, within the subdivision. No inoperable vehicles shall be parked or stored in any public or private street, and all such vehicles shall be parked or concealed in the rear of the Lot, behind the rear line of any Dwelling Unit. (g) No truck, truck camper, tent, garage, barn, shack or other outbuilding or vehicle shall at any time be used as a residence or living place on any part of subject property. (h) No noxious, offensive or unsightly conditions shall be permitted upon any part of any Lot, nor shall anything be done thereon which may be or become an annoyance or a nuisance to the neighborhood. (i) Any lease allowing occupancy or residence in any Dwelling Unit, or use of any portion of any Lot within Subject Property, shall be subject in all respects to this Declaration. ARTICLE 6. BUILDING RESTRI TIONS 6.1 Mobile Homes. No mobile home, prefabricated home, trailer, modular home, or other pre -built or premanufactured home shall be allowed on any Lot. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 8 6,2 Dwellin Unit Size. No Dwelling Unit shall be constructed or placed on Lot containing a total floor area on all floors intended and suitable for use as living any area, not including a garage, of less than 1,600 square feet, measured from the outside of the exterior walls, or with a ground floor area of less than 950 square feet. in computing floor area, basement space or any floor with a finished elevation more than three feet below the natural contour of the surrounding area shall not be included. No Building shall exceed two and one-half stories or 28 feet in height unless approved by the ACC. In granting or withholding such approval, the ACC shall consider the adverse effect of height on other properties within the subdivision and such other facts as may be reasonable. Each dwelling unit shall have an attached or detached fully enclosed garage adequate for a minimum of two (2) standard size automobiles. No carport shall be allowed. 6.3 Construction of Buildings. All construction work on Dwelling units shall be diligently and continuously pursued, and shall be completed within nine (9) months from the date construction started unless prevented by weather, acts of God, strikes, material shortages, or other causes beyond the reasonable control of the Owner (not including financial causes). 6.4 Outbuildings. Outbuildings, separate garages, sheds and shelters may be constructed only simultaneously with or after a Dwelling Unit has been constructed on the Owner's Lot. All such buildings shall be constructed only after approval thereof by the ACC. All outbuildings shall be constructed of similar or compatible exterior materials with the Dwelling Unit so as to be aesthetically compatible therewith. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 9 6.5 Fences. No fence or wall of any kind shall be constructed on a Lot unless the plans and specifications therefore, including the location, design, material and color thereof, have been approved in writing by the ACC prior to the construction or installation. All fences and/or walls constructed on a Lot shall be in compliance with the applicable ordinance of the City of Meridian, Idaho. All fences and walls shall be subject to the following restrictions: (a) No fence or wall shall be permitted to be constructed or installed on any portion of a berm constructed by the Declarant in Hunts Bluff No. 2 Subdivision. (b) Fences and walls shall not extend closer to any street than twenty feet (20') nor project beyond the setback of the principal building on the Lot. No fence higher than six feet (61 shall be allowed without the prior approval of the City of Meridian (if required) and the ACC. (c) All fences and walls shall be constructed and installed and maintained in good appearance and condition at the expense of the owner of the Lot on which they are located and all damaged fencing and walls shall be repaired or replaced to original design, materials and color within a reasonable time after said damage occurs. (d) No fence or wall shall interfere with the use and enjoyment of any easement reserved in this Declaration of Covenants, Conditions and Restrictions or shown on the recorded subdivision plat of the property. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 10 (e) No fence, wall, hedge, high planting, obstruction or barrier shall be allowed which would unreasonably interfere with the use and enjoyment of neighboring Lots and streets, and shall not be allowed if the same constitute an undesirable, noxious or nuisance effect upon neighboring Lots. 6.6 Landscaping. - The following provisions shall govern the landscaping of Lots within Hunts Bluff No. 2 Subdivision: (a) The owner shall prepare a landscape plan and shall submit the same to the ACC. The ACC shall approve in writing said landscape plan prior to the installation and/or construction of landscaping on a Lot. Landscaping of a lot shall be in accordance with the approved plan. (b) All required landscaping on a Lot shall be installed within thirty (30) days after substantial completion of the Building on the Lot, with a reasonable extension allowed for weather. (c) The initial landscaping shall include, as a minimum, sod in the front and side yards, sod or grass seeded in the rear yards, two (2) flowering trees of at least two inch (2") caliper or one (1) pine tree of at least six feet (6') in height and one (1) flowering tree of at least two inch (211) caliper in the front yard, three (3) -five (5) Ballon plants and five (5) -one (1) gallon shrubs in the front yard. The use of berms and sculptured planting areas are encouraged. ARTICLE 7: ;n �urr1: r`TT TRAL CONTROL wall or other structure or 7.1 plan A. No Dwelling Unit, building, fence, substantial landscaping or screening planting shall be undertaken, erected or DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 11 i AOMN maintained upon any Lot, nor shall any exterior addition to or change or alteration therein be made until plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to and approved in writing by the ACC. 7.2 Exterior Materials and Colors. All exterior materials and colors shall be selected and used which are approved by the ACC and which are compatible with other Buildings on the Lot and on neighboring Lots to the end that all such Buildings will present a unified and coordinated appearance. All exterior finishes and/or colors shall be earthtone, including subtle blue and gray tones, as approved by the ACC. Each house shall include some brick, stone stucco or other distinctive design features on the front exposure. No gravel roofs shall be permitted. Roofs shall be a minimum of 5/12 pitch with either cedar shake shingles or Pabco Premiere Architectural 25 year (or better) dimensional Asphalt shingles, weathered wood and driftwood color or as approved by the ACC, except Lots 26-31, Block 1, which shall have cedar shake shingles. 7.3 Vehicles. The use of all vehicles, including but not limited to automobiles, trucks, bicycles and motorcycles shall be subject to ACC rules, which may prohibit or limit the use thereof within Hunts Bluff No. 2 Subdivision, provide parking regulations and other rules regulating the same. 7.4 Exterior Enerav Devices. All energy production devices including, but not limited to, generators of any kind and solar energy devices, shall not be constructed DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 12 or maintained on any Lot without the prior written approval of the ACC, except for heat pumps or similar appliances shown on the plans approved by the ACC. 7.5 Mailboxes. No free-standing mailboxes shall be constructed or installed on any Lot without the prior written approval of the plans approved by the ACC. 7.6 Signs. No commercial billboard or advertising shall be displayed to the public view on or from any Lot. Owners may advertise a dwelling unit and Lot for rent or for sale by displaying a single, neat, reasonable sized vacancy sign or "For Sale" sign thereon. Signs advertising the name of the builder and the name of the institution providing financing therefore may be displayed on a Lot during construction of the Improvements. Lighted, moving or flashing signs for any purposes are prohibited. Directional signs may be used to give directors to traffic or pedestrians or give special instructions. Any directional or identification sign in Hunts Bluff No. 2 Subdivision shall be permitted, provided the same is approved in writing by the ACC prior to installation. 7.7 Adoption of ACC Rules/ACC Standards. The Declarant, or in the event of the Declarant's failure to do so, the Board, shall have the power to promulgate ACC Rules/ACC Standards relating to the planning, construction, alteration, modification, removal or destruction of Improvements within the Property deemed necessary or desirable by the Declarant, or the ACC, consistent with the provisions of this Declaration. 7.8 Certification by Secretary. The secretary of the Association shall, upon written request, certify that improvements upon any Lot comply with this Declaration DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 13 and have been duly approved by the ACC, or in the event said building or other improvements do not so comply, specifying the extent of noncompliance. ARTICLE 8: ARCHITECTURAL CONTROL COMMITTEE. 8.1 Members of the Committee. The Architectural Control Committee shall be comprised of at least three (3) persons, all of whom shall be appointed as herein provided. A member of the ACC shall hold office until he has resigned or has been removed, but in any event, until said member's successor has been appointed. Members of the ACC may be removed at any time, with or without cause. 8.2 Appointment. So long as the Declarant owns any lot or parcel within the Property, the Declarant shall have the sole right to appoint and remove all members of the ACC. Thereafter, all members of the ACC shall be appointed or removed by the Board. The ACC shall have the right by a resolution in writing unanimously adopted, to designate one (1) of its members to take any action or perform any duties for and on behalf of the ACC. In the absence of such designation, the vote of any two (2) members of the ACC shall constitute an act of the ACC. 8.3 Approval Required. No construction, alteration, modification, removal or destruction of any Improvements of any nature whatsoever, whether real or personal in nature, shall be initiated or be permitted to continue or exist within Hunts Bluff No. 2 Subdivision without the prior express written approval of the ACC. 8.4 Variances. The ACC may authorize variances from compliance with requirements of any conditions and restrictions contained in this Declaration, the ACC DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 14 Rules/ACC Standards, or any prior approval when, in the sole discretion of the ACC, circumstances such as topography, natural obstructions, aesthetics or environmental considerations or hardship may so require. Such variance must be evidenced in writing signed by at least two (2) members of the ACC. If a variance is granted as provided herein, no violation of this Declaration, ACC Rules/ACC Standards or prior approval shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration or the ACC Rules/ACC Standards for any purpose except as to the particular subject matter of the variance thereof and the specific Lot covered thereby. The ACC shall have the right to consider and grant a variance as herein provided either with or without notice to other Owners or a hearing of Owners thereon. The granting of a variance by the ACC pursuant to this Section shall not relieve the Owner from the obligation to fully comply with applicable ordinances of the City of Meridian, Idaho. 8.5 Application. To request ACC approval for the construction, alteration, modification, removal or demolition of any improvements within the property, the owner shall submit a written application in a form required by the ACC which must be signed by the Owner and contain all information requested and be accompanied by all other material to be submitted as hereafter provided. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 15 All applications must contain, or have submitted therewith, the following material (collectively called "Plans and Specifications") prepared in accordance with acceptable architectural standards and submitted with the application form, if any, approved by the ACC: (a) Site Plan. A site plan showing the location of the Building(s) and all other structure and improvements including fences and walls on the Lot, Lot drainage and all set backs, curb cuts, driveways, parking areas and other pertinent information relating to the improvements. (b) Building Plan. A building plan which shall consist of preliminary or final blueprints, elevation drawings of the north, south, east and west sides, and detailed exterior specifications which shall include, by sample if required by the ACC, all exterior colors, materials and finishes, including roof, to be used. (c) Landscape Plan. A landscape plan for portions of the Lot to be landscaped which shall show the location, type and size of trees, plants, ground cover, shrubs, berming and mounding, grading, drainage, sprinkler system, fences, freestanding exterior lights, driveways, parking areas and walkways. The ACC may, in its discretion, require the Owner to furnish additional materials and the materials submitted therewith and in reaching a decision thereon, the ACC shall use its best efforts and judgment to assure that all improvements shall produce and contribute to an orderly and aesthetically complementary design and appearance and be of the quality required to maintain Hunts Bluff No. 2 Subdivision as a quality residential development. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 16 n The ACC shall promptly review and approve or disapprove in writing all submitted plans, and if plans have not been disapproved within thirty (30) days after they have been submitted in writing to the president of the Association or any member of the ACC, such plans shall be deemed approved. ARTICLE 9: GENERAL PROVISION. 9.1 Enforcement. The Association, any Owner, or any First mortgagee shall have the right to enforce, by proceedings of law or in equity, the terms and provisions of this Declaration. Failure by the Association or any Owner to enforce any covenant or restriction contained herein shall in no event be deemed a waiver of the right to do so thereafter. 9.2 Severability. Invalidation of any one of these covenants or restrictions shall in no way affect other provisions which shall remain in full force or effect. 9.3 Term. This Declaration shall run with the land and shall inure to the benefit of and be enforceable by the Association, the Owner of any Lot, and any First Mortgagee as provided herein, and their respective legal representatives, heirs, successors, grantees, and assigns, for a term of forty (40) years from the date of this Declaration. 9.4 Amendments. Except as otherwise provided herein, any of the covenants and restrictions of this Declaration, except the easements herein granted for utilities and water distribution facilities, may be amended by an instrument signed by members entitled to cast not less than sixty-six and two-thirds (66-2/3) of the votes of the membership. Any amendment must be recorded. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 17 IN WITNESS WHEREOF, the Declarant has set his hand and seal as of the date and year first above written. FARWEST DEVELOPERS, INC. By MARTY GOLDSMITH, President STATE OF IDAHO ) ss. County of Ada ) On this day of April, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared MARTY GOLDSMITH, known and identified to me to be the President of the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 18 Notary Public for Idaho Residing at Idaho Commission expires: MERIDIAN CITY COUNCIL FEBRUARY 15 1994 The regular meeting of the Meridian City Council was called to order by Mayor Grant Kingsford at 7:30 P.M.: Members Present: Ron Tolsma, Bob Corrie, Walt Morrow, Max Yerrington: Others Present: Will Berg, Wayne Crookston, Wayne Forrey, Bruce Freckleton, Marty Goldsmith, Richard Jewel, Kent Shepard, Joe Simunich, J. R. Kellogg, Kathy Simunich, Ralph Patey, Becky Bowcutt, Vickie Welker, Coe Parker, Dave Fuller, Brian Threet, Chief Gordon, Jim Johnson, Shari Stiles, Jim Bonner: MINUTES OF PREVIOUS MEETING HELD FEBRUARY 1, 1994: Kingsford: Are there any corrections or deletions to those minutes? Tolsma: Mr. Mayor, I move they be approved as written. Yerrington: Second Kingsford: Moved and seconded to approve the February 1 st minutes, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #1: JIM BONNER: COMPLAINT CONCERNING INSURANCE DECISION OF COVERAGE: TABLED AT FEBRUARY 1, 1994 MEETING: Kingsford: Is the Council prepared to take action on that issue? Morrow : Mr. Mayor, I was absent the last meeting, but I've read the minutes and I've visited the site. I kind of strongly feel that we are each responsible for our own actions. I don't see where the City has any liability there, I would be opposed to spending any of the tax payers dollars .in reimbursement of whatever happened. I think that I'd like to move that we not reimburse Mr. Bonner any of his insurance coverage in repairing his vehicle. Tolsma: Second Kingsford: Its moved by Walt, second by Ron to deny the request my Mr. Jim Bonner, any discussion, seeing none all those in favor? Opposed? MOTION CARRIED: All yea ITEM #2: FINAL PLAT: HUNTS BLUFF #2 SUBDIVISION BY FARWEST i-1 Meridian City Council February 15, 1994 Page 2 DEVELOPERS AND ROYLANCE AND ASSOCIATES: W Kingsford: Council members do you have any questions of staff or engineering? Morrow: Mr. Mayor, I have a question of Bruce. According to your note in todays box you haven't had time to thoroughly review this project, is that correct? Freckleton: Right Morrow: Has Gary had time? Freckleton: No, Gary just came back Monday and we just didn't have the time to do a thorough enough review late Friday afternoon. (Inaudible) Kingsford: In the past Bruce, the Council has granted approval pending the City Engineer's approval, he has to sign the plat, you and Gary comfortable with that. Freckleton: That would be fine, I think that is what I've got in my memo. Kingsford: Any other questions, Mr. Crookston. Crookston: This is a matter where a development agreement is called for in the Findings, and I have no idea what the status of that is. Kingsford: What is the status Mr. Crookston, of the blanket, when might we expect that? Crookston: I'm still working on that, hopefully by our meeting next Tuesday. Kingsford: We have several developments now that we need to get that agreement ironed out with. Crookston: On the agenda tonight items #2, 3, and 4 all have that situation. Kingsford: I think we have some others that we approved. Crookston: There are. Kingsford: So that would also be a condition of approval is that is the Council's desire. Is Council prepared to take any action? t Meridian City Council February 15, 1994 Page 4 different department heads, City Engineer and City Clerk excuse me and the Zoning Administrator. Morrow: Second Kingsford: Moved .by Bob, second by Walt to approve the Final plat of Hunts Bluff subject review of all the minutes and agreements and that the department heads approve of those before signing off, all those in favor? Opposed? MOTION CARRIED: All yea ITEM #3: FINAL PLAT: EINGLEWOOD CREEK SUBDIVISION BY GLENN L. JOHNSON AND ROYLANCE AND ASSOCIATES: Kingsford: Questions for the engineer or for the department heads. Corrie: Mr. Mayor, I have some for the developer if he is here. One of the questions I have, in the original submission of your asking for the Final plat you had the (inaudible) Lot 2, Block 5 is to be dedicated for a City well, then on your mapping it stated that the City Well was going to be on Lot 2, Block 1, which is it? Jewel: The lots and blocks were re -numbered a little bit from the preliminary plat to the final. If I may, here is Ustick Road, its this corner lot, this one here. Morrow: So its Lot 2, Block 5? Jewel: And now its re -numbered, its Lot 4, same lot. Corrie: Is this a different plat than what you have? Jewel: Well, I'm not sure how it got re -numbered, but its the same lot. Corrie: Okay, but this is the one we are talking about right here. And I have one other question Mr. Mayor it is in reference to Niemann Drive. What is happening here, are you going to cover that for the street, I'm a little confused on the mapping here. What is going to happen there? Jewel: I don't understand your question? r� 47 Section 4. EFFECTIVE DATE. There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho this 2nd day of June, 1992. ATTEST: JACK NIEMANN, CITY CLERK APPROVED: ORDINANCE NO. 578 An N 1000" AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED A PORTION OF THE NE 1/4 NE 1/4 OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is hereinbelow described: A parcel of land being a portion of the NE 1/4 NE 1/4 of Section 19, T. 3N., R. 1E., B. M. , Ada County, Idaho, said parcel being more particularly described as follows: Commencing at the Brass Cap marking the corner common to -- — . � nrA T gni_ - R_ 1E.. B. M. , Ada 5.0,. - Xl 2. The subdivision developed on the property shall have no houses constructed in the subdivision which contain less than 1,500 square feet. 3. The lots bordering Meridian Greens Subdivision shall have no houses constructed thereon which contain less than 1,600 square feet. 4. The house value constructed on all lots have a value of no less t han $100,000.00. 5. The subdivision developed on the property shall contain a community park of no less than two acres. Section 3. That the property shall be subject to de— annexation and having the zoning reversed if the owner or its assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law and the Ordinances of the City of Meridian and the conditions contained in Section 2. of this Ordinance. Section 4. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 5. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 2nd day of June, 1992. APPROVED: G NT P. 5�9INASF&4, MAYOR ATTEST: JACK NIEMANN, CITY CLERK /'1 Meridian City Council Meeting: FEBRUARY 15, 1994 Applicant: FARWEST DEVELOPERS AND Agenda Item Number: 2 ROYLANCE AND ASSOCIATES Request: FINAL PLAT: HUNTS BLUFF #2 SUDIVISON Agency City Clerk: City Engineer: SEE ATACHED COMMENTS Comments City Planning Director: SEE ATTACHED COMMENTS City Attorney: City Police Dept: "REVIEWED" City Fire Dept: City Building Dept: Meridian School District: SEE ATTACHED COMMENTS Meridian Post Office: Ada County Highway District: Ada Street Name Committee: Central District Health: SEE ATTACHED COMMENTS Nampa Meridian Irrigation: Settlers Irrigation: Idaho Power: US West: Intermountain Gas: Bureau of Reclamation: OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. GROOKSTON, JR., Attorney MEMORANDUM HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 8874813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TO: CITY COUNCIL AND MAYOR FROM: WAYNE S. FORREY, PLANNING DIRECTOR DATE: FEBRUARY 11, 1994 RE: HUNTS BLUFF #2 SUBDIVISION FINAL PLAT COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW WAYNE S. FORREY, AICP Planner & Zoning Administrator JIM JOHNSON Chairman - Planning & Zoning The Ada County Highway District required that this Final plat be modified to exclude direct access to Overland Road. The Final plat reflects this revised layout which forced several lots to be shifted around the south culdesac. This revised layout was presented at the Preliminary plat public hearing with the City Council and entered into the public record as a displayed map and handout. Because the Developer commited to building heighth and roofing material restrictions during the public hearing process, approval by the City Council should be contingent upon complete file review of all the minutes to verify compliance with all development issues. I recommend approval of this Final plat subject to detailed review by the Zoning Administrator to ensure compliance prior to clearance for Fianl plat signature bieng issued to the City Engineer and City Clerk. SUPERINTENDENT OF SCHOOLS ED Bob L. Haley COQ EXCEL` DEPUTY SUPERINTENDENT �Z p� Dan Mabe, Finance & Administration � U '�`' ' DIRECTORS � CITY � MERIDIAN Sheryl Belknap, Elementary Jim Carberry, Secondary Christine Donnell, Personnel Q Doug Rutan, Special Services JOINT SCHOOL DISTRICT NO.2 911 MERIDIAN STREET • MERIDIAN, IDAHO 83642 • PHONE (208) 888-6701 February 4, 1994 City of Meridian 33 East Idaho Meridian, Idaho 83642 RE: Hunts Bluff Subdivision Dear Councilmen: I have reviewed the application for Hunts Bluff Subdivision and find that it includes approximately 24 homes at the median value of $120,000. We also find that this subdivision is located in census tract 103.13 and in the attendance zone for Mary McPherson Elementary, Meridian Middle School and Meridian High School. Using the above information we can predict that these homes, when completed, will house 8 elementary aged children, 6 middle school aged children, and 6 senior high aged students. At the present time Meridian Elementary is at 113% of capacity, Meridian Middle is at 127% of capacity and Meridian High School is at 123% of capacity. The Meridian School District is not to opposed to growth in our district, however this subdivision will cause increased over- crowding in all three schools. There is little opportunity to shift attendance boundaries since the surrounding schools are also well over capacity. Before we could support this subdivision, we would need land dedicated to the district or at least made available at a minimum price for a school site in this area. The site would need water and sewer service available. In addition we would need to pass another bond issue for the construction of schools. The cost per student for newly constructed schools, excluding site purchase price and offsite improvements, exceeds $5,000 per elementary student and $10,000 per middle or high school student. We are in a difficult position and need your help in dealing with the impact of growth on schools. Sincerely, IAA& Dan Mabe Deputy Superintendent DM: gr CIff ENTRAL DISTRICT HEALTH DEPARTMENT REVIEW SHEET Environmental Health Division RECEIVED FE 9 - 4 1994 CITY OF MERIDIAN Rezone # Conditional Use # Preliminary / Final / Short Plat %�l, U 6 u; /UO z Return to: ❑ Boise ❑ Eagle ❑ Garden city Meridian ❑ Kuna ❑ ACz ❑ I. We have Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ S. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ solid lava from original grade ❑ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ❑ 2 feet ❑ 4 feet ® 7. After written approval from appropriate entities are submitted, we can approve this proposal for: N central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ® central water ❑ individual sewage ❑ individual water ® 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: (� central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines F1 central water 9. Street Runoff is not to create a mosquito breeding problem. ❑ 10. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 11. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 12. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store -j?•� 3. �� �'��-t /P=ro`��� .I,%/� �?�,aC_ .S�` .:•'�/7 ca ��� Date:/--�— t'/f— ►=25 'J I / l A-1-3= r�14C-22 Reviewed By: C,,)AfAtr1I#,JA--7f—=- ter VMS R' Or-- .04.. 1.TV== CDHD 10/91 rcb, rev. 11/93 ill OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. GROOKSTON, JR., Attorney MEMORANDUM: HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888.4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor To; Mayor, City Council From; Bruce Freckleton, Assistant to City Engineer <�yc Re; HUNTS BLUFF #2 SUBDIVISION (Final Plat) Dear Mayor, and Council Members; COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW WAYNE S. FORREY, AICP Planner & Zoning Administrator JIM JOHNSON Chairman - Planning & Zoning February 14, 1994 KRECEIVED FF. 9 ) � 199-,1 CITY € F MERIDIAN I respectfully request that if it is your desire to approve this final plat application, that you do so with the condition that the City Engineer's Comments be met. I have not had adequate time to prepare thorough comprehensive comments for this project. Thank you for your consideration. OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. GROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW WAYNE S. FORREY, AICP Planner & Zoning Administrator JIM JOHNSON Chairman • Planning & Zoning TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian CITY COUNCIL, may we have your answer by: Februar 9 1994 TRANSMITTAL DATE: 1127/94 HEARING DATE:—2Z15/94 REQUEST: Final Plat: Hunts Bluff #2 Subdivision BY: Fa west Developers and Roylance and Associates LOCATION OF PROPERTY OR PROJECT: South of Overland Rd aleing East side of Eight Mile Lateral JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON,C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER ECEIV CITY PLANNER MERIIDAN SCHOOL DISTRICT MERIDIAN POST OFF.(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR. DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST (PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUR OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES —OTHER: YOUR CONCISE REMARKS: RECEIVED SUBDIVISION EVALUATION SHEET FEB 18 1994 CITY OF MERIDIAN Proposed Development Name HUNTS BLUFF SUB NO. 2 City MERIDIAN Date Reviewed _02/03/94 Preliminary Stage Final xxxxx Engineer/Developer Roylance & Assoc /-.Goldsmith Charter Date Sent The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE /CODE. HUNTS BLUFF SUBDIVISION NO 2 ofd X. �2 Date?l� The Street name comments listed below are made by the members of the ADA CbUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Meridian City Street Name Ordinance. The following existing street names shall appear on the plat as "EAST OVERLAND ROAD" "EAST GUNSMITH STREET" The following new street name is approved and shall appear on the plat as "SOUTH BLACRSMITH PLACE" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE,AG REPRE S OR DESIGNEES Ada County Engineer John Priester Date 22-43 Ada Planning Assoc. Terri Rayno - Date Meridian Fire Dept. Representative Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed 1111 Sub Index �treet Index NUMBERING OF LOTS AND BLOCKS OK Z �¢ g f CVcrrr t>r- 6cridia7jj,1 IDAHO +}; City Clerk's Office 33 East Idaho Avenue Meridian, ID 83642 (208) 888-4433 fax (208) 888-4218 RESEARCH REQUEST FOR PUBLIC INFORMATION Name: Date: 27 Phone - 6217,2, Time: Description: 7;- /11 1144 M l C4 �-1 -74 1 � �y Locws Requestor's Signature: Results / Findings: 44 -_74 ", City Attorney Approval 1 Comments: Number Of Pages: Date Finished: 3C Staff Providing Info n.. II Time Required: Staff Comments: OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. GROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW WAYNE S. FORREY, AICP Planner & Zoning Administrator JIM JOHNSON Chairman - Planning & Zoning TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian CITY COUNCIL, may we have your answer by: Februar 9 1994 TRANSMITTAL DATE: 1/27/94 HEARING DATE: 2/15/94 REQUEST: Final Plat: Hunts Bluff 2 Subdivision BY: Fa west Develo ers and Ro lance and Associates LOCATION OF PROPERTY OR PROJECT: South of Overland Rd a' East side of Ei ht Mile Lateral JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON,C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIIDAN SCHOOL DISTRICT MERIDIAN POST OFF.(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR. DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST (PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUR OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER• YOUR CONCISE REMARKS: RECEIVED JAN 271994 CITY OF iif3n1�1 REQUEST FOR SUBDIVISION APPROVAL FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P.M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION 1. Name of Subdivision, �1U).4Cs t�LUPF . 2. 2. General Location, 3• Owners of record, Address, 3680 wEsT 425,K RD. , Zip W09 Telephone WS698 4• Applicant,�° -� ILARi Q Address, Affio WEST SsraM ST &-se ID FM 5. Engineer, bV1D W. Ro�nNc Firm Rmruy.,c��Ap��Tr Address hbl9 w��� S -T ID2 �►s itl Zip 83_06 Telephone 33'7390 6. Name and address to receive City billings: Name L LTL (joixZMM Address 5120 UJ TuRnT WAY Telephone Mt -9'M$ PRELIMINARY PLAT CHECKLIST: Subdivision Features 1 • Acres 7 36 2• Number of lots 24 rzregn 3, ppE•N -spmz 3. Lots per acre 4. Density per acre •307 5. Zoning Classification(s) R-4 M-009 f. Trees will be provided for �o, Trees will be maintained g. Sprinkler'systems are provided for YE5 h. Are there multiple units v Type remarks i. Are there special set back requirements N� Explain j. Has off street parking been provided for �( , Explain k. Value range of property _ I0ISM -$)40,Vb 1. Type of financing for development ---5e1F M. Protective covenants were submitted .Date 16. Does the proposal land -lock -other property iso Does it create Enclaves IV1o STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. *-(ES 3. 4. 5. 6. Development will connect to City services$ Development will comply with City Ordinances.i'S Preliminary Plat will include all appropriate easements.`(ES Street names must not conflict with City grid system.l(�55 n " WILL o0 (3) Roylance & Associates P.A. 461Y Emerald, Suite D-2, Boise, Idaho 83706 January 26, 1994 Wayne Forrey, AICP Planning Director City of Meridian 33 East Idaho Street Meridian, Idaho 83642 Engineers * Surveyors • Landplanners Project No. 1404 Telephone (208) 336-7390 Fax (208) 336-7399 RE: Statements of Conformance, Hunts Bluff No. 2 Subdivision Final Plat Dear Wayne: Please be informed that the aforementioned final plat conforms with all applicable requirements and provisions for final plats as specified by Section 9-604-H of the City of Meridian Subdivision and Development Ordinance, with the preliminary plat approved by the City Council, and with acceptable engineering and surveying practices and standards for the local area. Sincerely, iV�IK� ,SNR>r WsB�� Mike Shrewsberry T OF HUB CITY OF HEADARYLAND�'S CITY O"ERIDIAN TREASURE VALLEY Phone 888-4433 33 E. Idaho MERIDIAN, ID 83642 A Good Place to live Thi sum of r n n (-'i r? P AY THIS STATEMENT BEFORE DEPOSITING CHECK CITY OF MERIDIAN DATE TO ", THE DD DUCTIONR ORDER 7/5/94 OF Refund on landscaping depoiset/fence FED. WITH. L MARTY GOLDSMITH/FARWEST DEVLP. 4550 W. State St. Boise, ID 83703 118008133,15 C L 24 LO L 5 L D: 50004 708118 x=ky MwMW 8" NOW 08133 FARMERS d MERCHANTS STATE BANK P.O. Box 328 Meridian, Idaho 83842-0328 92-151/1241 920718.OJ AT AMOUNT 1$6,000.00 F A Y E E : DETACH THIS STATEMENT BEFORE DEPOSITING CHECK CITY OF MERIDIAN DATE ACCOUNT OR INVOICE NO. DESCRIPTION AMOUNT DD DUCTIONR NET AMOUNT 7/5/94 1-211.04-00 Refund on landscaping depoiset/fence FED. WITH. STATAXITH Fence was completed at Hunts Bluff #2 REG. T. O. T. 6,000.00 EMPLOYEE'S NAME MTV nr \Irl"fln�wu PAY PERIOD ENDING HOURS RATE GROSS EARNINGSF.I.C.A NET EAPNN:NDGS FED. WITH. STATAXITH REG. T. O. T. EMPLOYEE: THIS IS A STATEMENT OF YOUR EARNINGS AND DEDUCTIONS FOR PERIOD INDICATED. KEEP THIS FOR YOUR PERMANENT RECORD. elory� exC6"4-ece h � Gey FARWEST DEVELOPERS 4550 W. STATE ST. BOISE, IDAHO 83703 (208) 338-9708 F=bruary 18; 1994 RECEIVED City of Meridian FEB 2 4 1994 Attn: Sh_ erri Styles CITY OF i�1E�dil�th�'� 33 E. Idaho Meridian. Idaho 83642 Sherri. On February -15, the final plat for Hunts Bluff llo . 2 was approved contingent upon a development agreement being drawn tip between Meridian City and Farvest Developers. It is my understanding that Wavne Crookston rk■i 71 be providing this agreement to F'arrrest neve nners for revie nr, If this understanding ?s incorrect please _let me know. ,Also, if there is anything I can do to exped? tP matters, asI want very wruch to take care of the requirements placed upon us. Thank you, Marty Goldsmith OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. GROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW WAYNE S. FORREY, AICP Planner & Zoning Administrator JIM JOHNSON Chairman - Planning & Zoning TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian CITY COUNCIL, may we have your answer by: February 9 1994 TRANSMITTAL DATE: 1/27/94 HEARING DATE: 2/15/94 REQUEST: Final Plat: Hunts Bluff #2 Subdivision BY: Farwest Developers and Roylance and Associates LOCATION OF PROPERTY OR PROJECT: South of Overland Rd along East side of Eight Mile Lateral JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON,C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIIDAN SCHOOL DISTRICT MERIDIAN POST OFF.(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR. DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST (PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUR OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: RECEIVED JA N 2 7 1994 CITY OF MRi IAN REQUEST FOR SUBDIVISION APPROVAL FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission, will hear the request at the monthly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P.M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION DD 1. Name of Subdivision, g00% u) &.2. 2. General Location, 3. Owners of record, Address, 3(8o WEST U511uc RD. , Zip83�09 Telephone WS598 4. Applicant,�OIaS �C,NARi�2 Address, 4`j0 gig '%M ST Bw-sS Al D a3)W 5. Engineer, LiFirm Ro-rLA►�c��oclAT�s Address 4-619 EMpAuDSTj[)• &%G,IA Zip 83)Db Telephone 33�'-?39d 6. Name and address to receive City ""billings : Name IAARnr GoI.hSMm Address 5120 W � 91H WkTelephone 3$-973% PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres 7.316 2. Number of lots —94 g5iciD.T(ipt•. A oPT.N SAdc� 3. Lots per acre 4. Density per acre ''II 5. • Zoning Classification(s) Q4 6. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional me, what is the existing zoning classification— n1 A' 7. Does the plat border a potential green belt K�e 8. Have recreational easements been provided for No 9. Are there proposed recreational amenities to the City NIA Explain 10. Are there proposed dedications of common areas? �jo Explain For future parks? _�c� Explain 11. What school (s) service the area A&[)tam %AA S uoeL , do you propose any agreements for future school sites Explain 12. Other proposed amenities to the City _ 0% Water Supply lE( NNI WhNERN iFire Department M684DIU) F12E DaAgmumther _ , Explain 13. Type -of Building (Residential, 14. Type of Dwellings) Single Family, 15. Proposed Development features: a. Minimum square footage of lot(s), b. Minimum square footage of structure(s) rTC1�� C. Are garages provides for, ies square footage 4w d. Are other coverings provided for JJ's e. Landscaping has been provided for `l,s , Describe LNzKczPe mgN,- (2) f. Trees will be provided for to,, Trees will be maintained i g. 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 $10M'M-4140.5)6 1. Type of financing for development M. Protective covenants were submitted ,Date 16. Does the proposal land -lock -other property i)v Does it create Enclaves iV o STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. '(CS 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan.-iES 3. Development will connect to City services$• 4. Development will comply with City Ordinances.i't 5. Preliminary Plat will include all appropriate easements.YES 6. Street names must not conflict with City grid system.l(;F-S WILL o0 it (3) Roylance & Associates P.A. 4619 Emerald, Suite D-2, Boise, Idaho 83706 January 26, 1994 Wayne Forrey, AICP Planning Director City of Meridian 33 East Idaho Street Meridian, Idaho 83642 Engineers • Surveyors • Landplanners Project No. 1404 Telephone (208) 336-7390 Fax (208) 336-7391 RE: Statements of Conformance, Hunts Bluff No. 2 Subdivision Final Plat Dear Wayne: Please be informed that the aforementioned final plat conforms with all applicable requirements and provisions for final plats as specified by Section 9-604-H of the City of Meridian Subdivision and Development Ordinance, with the preliminary plat approved by the City Council, and with acceptable engineering and surveying practices and standards for the local area. Sincerely, 91Kt - 5 R9 W560Z-C Mike Shrewsberry Customer's a� � 19 p Order No. � n ' Date 7 Name —11 i n /' -4i_ [ .�11 Address Phone: SOLD BY CASH I C.O.D. CHARGE ON ACCT. MDSE. RETO. PAID OUT CK Z76'06 �n^ PAY TO THE- ORDER OF n YA121 I I I I I 1 I I I I I I I I I All claims and returned goods MUST b accompanied by this bill. TAX 1 001900 RRycei ed4�4V-�" TOTAL z �a a� PRINTED IN U.S.A. - M MARTY GOLDSMITH DBA FARWEST DEVELOPERS . 4550 W STATE ST (208) 338-9708 BOISE, IDAHO 83703 PAY TO THE- ORDER OF n YA121 / /l G nis in n/A e , �Zw 205 92-1/1241 19 /1 �$��� 1� DOLLARS Roylance & Associates P.A. Engineers • surveyors a tandalanners 4619 &Herald. Sulle D-2, Bolse, kkft 83706 Telephone (208) 336-7390, Fax (208) 336-7394 TO L'*m A bpTY QM CLGWR C, ME GENTLEMEN: WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter ma LIEUTEQ MF MARSOMOVUL DATE i. a Jo. NO. 1 /� /V � NL ATTENTION Ile: 1 1994 CITY U1 A ■ Attached . ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change order ❑ THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit DESCRIPTIONINN ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution 411 As requested 012M ❑ Return NEE Igo= ANN ®�O(Z Q)-sTm3U))DO ❑ FOR BIDS DUE ®ESI PRINTS RETURNED AFTER LOAN TO US REMARKS g&Ts Q1..f? Al �t4 ► - : • ' 'r011101 ON L -M sr-- CAU— kAG ME 1101 1101 1101 1101 LI NEE THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution 411 As requested ❑ Returned for corrections ❑ Return corrected prints ■ For review and comment ®�O(Z Q)-sTm3U))DO ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS g&Ts Q1..f? Al �t4 24 RESjj)5J jhL.. t21 MAW- L -M sr-- CAU— kAG Ox IPFORM ME Al iy FEE REMR.M aANXX. COPY TO SIGNED:15 Meridian City Council February 1, 1994 Page 2 Roll Call Vote: Yerrington: Yea, Corrie: Yea, Tolsma: Yea MOTION CARRIED: All yea ITEM #2: FINDINGS OF FACT AND CONCLUSIONS OF LAW: VARIANCE REQUEST BY MARTY GOLDSMITH: Kingsford: Council members have you reviewed those? Tolsma: Mr. Mayor, I move we approve the Findings of Fact and Conclusions of Law for the variance request by Marty Goldsmith. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve the Findings of Fact and Conclusions of Law for the variance request by Marty Goldsmith. Roll Call Vote: Yerrington: Yea, Corrie: Yea, Tolsma: Yea MOTION CARRIED: All yea Kingsford: Mr. Crookston, it is appropriate to approve of the variance at this point. Crookston: Under the conditions that are in the findings. Kingsford: Entertain a motion on the variance request by Tingey and Brady. Corrie: I move that we approve the Findings of fact spelling out the conditions set forth in the facts and conclusions of law. Tolsma: Second Kingsford: Moved by Bob, second by Ron to approve of the variance request by Tingey and Brady conditioned upon the conditions placed in the Findings of Fact and Conclusions of Law. Roll Call Vote: Yerrington: Yea, Corrie: Yea, Tolsma: Yea DATE: 9� MERIDIAN CITY P-NNCIL AGENDA ITEM NUMBER APPLICANT: Z REQUEST:. AGENCY MERIDIAN POLICE - MERIDIAN FIRE DEPT. - MERIDIAN CITY ENGINEER - MERIDIAN ATTORNEY MERIDIAN POST OFFICE - MERIDIAN SCHOOL DISTRICT - MERIDIAN BUILDING DEPT. - ADA COUNTY HIGHWAY DISTRICT - ADA STREET NAME COMMITTEE - CENTRAL DISTRICT HEALTH - NAMPA MERIDIAN IRRIGATION - SETTLERS IRRIGATION - IDAHO POWER - US WEST - INTERMOUNTAIN GAS - BUREAU OF RECLAMATION - MERIDIAN CITY ATTORNEY - MERIDIAN PLANNI.NG DIRECTOR - OTHER COMMENTS: COMMENTS: JAI OF AL BEFORE THE MERIDIAN CITY COUNCIL APPLICATION OF MARTY GOLDSMITH FOR A VARIANCE FROM 11-9-605 M PIPING OF DITCHES FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for consideration on January 18, 1994, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the variance was published for two consecutive weeks prior to the scheduled hearing for January 18, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the January 18, 1994, hearing; that copies of all notices were available to newspaper, radio and television stations. 2. That notice of public hearing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-2-416 E., 11-2-419 D., and 11-9-612 B. l.b of the Revised and Compiled Ordinances of the City of Meridian; that this requirement has been met. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 1 ka 3. That Ordinance 11-9-605 M, PIPING OF DITCHES, requires all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to restrain access to said ditch, lateral or canal. 4. That the Applicant has requested a variance from the above ditch piping requirements and be allowed not to pipe the Eight Mile Lateral but to fence the ditch. 5. The entire property in question is described in the variance application and is incorporated herein as if set forth in full. 6. That the property in the area where the variance is requested is zoned R-4 Residential and is proposed to be used in that fashion. 7. That the Applicant stated at the hearing that the ditch is quite large to be tiled and such would be cost prohibitive and cause economic hardship. Due to the size of the Eight Mile Lateral and the amount of water flowing through it, it would be cost prohibitive to install a pipeline of sufficient size to meet the needs of the irrigation district. B. That the Applicant does not yet own the property. Owners of the property are Darrell and Shannon Spencer, Meridian, Idaho. 9. That no people appeared at the hearing objecting to FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 2 the variance application. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City has authority to grant variances pursuant to Section 11-2-419 of the Zoning Ordinance and pursuant to Section 11-9-612 of the Development Ordinances and under 11-9- 605 M the City may waive the requirement of piping ditches if the City Council finds that the public purpose requiring such will not be served in the individual case. 3. That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Subdivision and Development Ordinance upon the record submitted to it and the things upon which it may take judicial notice. 4. That the Council may take judicial notice of its own proceedings, those of the Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That the following provisions of Section 11-9-605 M PIPING OF DITCHES, of the Subdivision and Development Ordinance are noted which is pertinent to the Application: All irrigation ditches, laterals or canals, exclusive of FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 3 natural waterways, intersecting, crossing or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. The City may waive this requirement for covering such ditch, lateral or canal, if it finds that the public purpose requiring such will not be served in the individual case. Any covering program involving the distribution system of any irrigation district shall have the prior approval of that affected district. . . . 6. That the City Council is meeting to consider changing the Ordinances regarding the piping of large ditches; that the Ordinances may be changed. 7. That the specific requirements regarding a variance that must be evidenced and found by the City Council are as follows: 11-9-612 A. 2., No variance shall unless there is a finding, all of the following exist: FINDINGS be favorably acted upon by the Council as a result of a public hearing, that a. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would be clearly impracticable or unreasonable; in such cases, the subdivider shall first state his reasons•in writing as to the specific provision or requirement involved; b. That strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the subdivider because of unusual topography, the nature of condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Ordinance unreasonable under the circumstances, or that the conditions and requirements of this Ordinance will result in inhibiting the achievement or objectives of this Ordinance. c. That the granting of the specified variance will be detrimental to the public welfare or injurious to other property in the area in which the property is situated; FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 4 d. That such variance will not violate the provisions of the Idaho Code; and e. That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Development Plan. 8. That there does appear to be a specific benefit or profit, economic gain or convenience to the Applicant if this variance is granted; however, to require tiling of the ditch would cause extreme hardship to Applicant. 9. That the requirement of tiling ditches is a health and safety requirement; that by reason of the size of this ditch, it appears that to require tiling of this ditch would not achieve the safety purpose for which tiling is required in the Ordinance. 10. That the irrigation district affected has not demanded that this ditch be tiled in one other subdivision. 11. That regarding Section 11-9-612 A. 2., regarding the tiling of ditches, it is specifically concluded as follows: a. That there are special circumstances or conditions affecting the property that the strict application of the provisions of the ditch tiling Ordinance would clearly be unreasonable. b. That strict compliance with the requirements of this ditch tiling Ordinance would result in extraordinary hardship to the Applicant. C. That the granting of a variance would not be detrimental to the public's welfare and possible injurious to the public. d. That the variance would not have the effect of altering the interests and purposes of the ditch tiling Ordinance which is included in the Subdivision and Development Ordinance for safety purposes. 12. That since the piping of the ditches is not going to be FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 5 I -N n required, other safety measures must be undertaken to assist the health, safety, and welfare of the people of this City; that it is concluded that the Applicant must fence the ditch with a six (6) foot chain link fence so that there is no access to the ditch from Applicant's property; this may require that the Applicant provide gates and locks so that the irrigation district can gain access. 13. That it is concluded that the Application for a variance from the 11-9-605 M PIPING OF DITCHES should be granted and the ditch right of way be fenced with a six (6) foot chain link fence is described in these conclusions. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The CiLy Council of the City of Meridian does hereby approve these Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN YERRINGTON COUNCILMAN MORROW COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) DECISION VOTED VOTED &Z4'�;j VOTED VOTED VOTED 7 That it is decided the Application for a variance from 11-9-605 M is granted under the conditions stated herein; that the ditch be fenced with a six (6) foot chain link fence. APPROVED: l/ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 6 Meridian City Council January 18, 1994 Page 15 Kingsford: Is the Council prepared to make a decision? Morrow: What you need from us is a motion to approve that and I think that I would make the motion to approve it subject to the 50 foot right of way for the private road and of course subject to the approval of the Meridian City Rural Fire Department. Corrie: Second Kingsford: Moved by Walt, second by Bob to approve the Final Plat of Ariel Estates subject to the 50 foot right of way on the private street and the approval of the City Rural Fire Department, all those in favor? Opposed? MOTION CARRIED: All yea ITEM #6: PUBLIC HEARING: VARIANCE REQUEST: HUNTS BLUFF #2 BY MARTY GOLDSMITH: Kingsford: At this time I will open that public hearing and invite Marty or his desingnee to begin. rt�r_ Goldsmith, AZ_Fx0.. _State Sheet., _ Boise,,__ was sworn _ by__ -the. -Attorney Goldsmiths_. -Mrs---mayor -and- members.. of the Council, I'm before _you _ this evening representing a. variance request for Hunts Bluff subdivision #2. This variance is from tiling of the ditch which is in your ordinance now and has been for quite some time a I am looking to fence the ditch. I believe it will provide a benefit to the community and I'm prepared to state those reasons. I think I'd like to show you the vicinity map at this time so we can all have a look at it. This is the subdivision Hunts Bluff #2 right here and in red is the Eight Mile Lateral. This is Overland Road and South Locust Grove Road. This is Meridian Greens on the boundary, and Sportsman Pointe. There has been no fencing in this area and I do believe that what we are proposing will actually be more than what has been done in the past. It will also provide us with protection for our children and I'm pleased to be representing this. It does fit in with the overall Comprehensive Plan. If immediate development is not allowed to go on in this area I do see a vacant field in the future, because it is not developable if we have to tile that ditch. A vacant field would be a worse liability than a barrier, a fence, keeping the children out. By allowing immediate development it will not be various to in fill later and your developers wouldn't be skipping around finding easier pieces to develop leaving things out. Fairness is also an issue and that it hasn't been imposed in the past. At this time I'd like to answer any questions you might have. Meridian City Council January 18, 1994 Page 16 Kingsford: Questions for Mr. Goldsmith? Tolsma: What is the size of tile that is required, is that a 72 inch tile? Goldsmith: I believe it is larger than that, the cost is something I know if that becomes of interest to anyone here. Tolsma: When I talked to Mr. Hanson of Nampa Meridian Irrigation he said that roughly anything over 48 inches was more of a hassle safety and their recommendation at that time was a 6 foot high non - burnable fence, steel chain link. You don't have any problems with that then? Goldsmith: No, not at all. In fact that is what I propose to do. That is what I have done in the past with the subdivision Hunts Bluff No. 1 that abounded the Eight Mile Lateral and I did not because I was requested but because I thought it should be done. Tolsma: We've had some letters that I have received from people out there form Meridian Greens stating that they wanted a sealed _-- fence _. End of Tape -= and the think 1t_ was_ a _fiteel --___.-chain link you would seal_ diagonally or vertically with strips. I didn't see any problems with that except for plastic that would --burn _but- they-.are-_-�--inaudible } -_ _.__ _ --- -- . _ . _ --- _ :. _. Kingsford: Any other questions or comments? I might have one for you Wayne, probably the best person. Didn't we require fencing on Sportsman? Forrey: Mr. Mayor, members of the Council, I believe we did. I don't remember what material was specified I think it was just acceptable to the irrigation district. Kingsford: My recollection was Sportsman Pointe we did certainly Meridian Greens was way before our Ordinance. Thank you, any other questions from the Council? Corrie: Mr. Mayor, the lateral that is southeast of Hunts Bluff, down below there, is that fenced. Is that what we are talking about, has that been fenced? Goldsmith: This is all open right now, every bit of it. There is one fence right in here, from this property it has been recently worked on. This is the area here that we are talking about developing next, a 23 lot subdivision. And I would propose to tie in with the fence that I have constructed here and bring it on up the side. We've got a break away fence here and a fence that will come across the front, connecting this entire front. Meridian City Council January 18, 1994 Page 17 Morrow: The fence across the front is not chain link is that correct? Goldsmith: That is correct. Morrow: It is a decorative fence? Goldsmith: Yes it is, it is a cedar fence. Morrow: It is my understanding you are in the process of changing the Ordinance for ditches requiring the tiles larger than 48 inches in diameter. Kingsford: I believe that Planning & Zoning is looking at that along with other things, am I right Counselor? Crookston: It has come up, but we have not discussed it at a meeting. It has come up with discussions with the members but not at a meting. Kingsford: I think the Council has discussed it at length too. _ _____._.____ 11.ve__gathered=- -- if- _that -.-was _ their :dec cion it__would pzmbah}y_ :be a good idea if we move --forwarded on that because we are receiving variance requests for that. - - ---- Morrow: I guess my final thought is do we have documentation of the requirement for the tiling is greater than 48 inches from somebody? Kingsford; I don't think there is any question on that. Goldsmith: Rod's Parkside Creek was granted a variance on the smaller section of the Eight Mile Lateral earlier. Kingsford: There is some water taken out there. Goldsmith: Now, I have a variance or excuse me a license agreement that I did with Nampa Meridian Irrigation District on Hunts #1 and I also have a license agreement for this section here and it is not chain link, I could go with chain link. It is with cedar and it describes a fence on this side of the Eight Mile Lateral and it also described fences going down to the water form the lots leaving that pack of individual lots exposed so that they would have a water way with their home, but it would not be accessible from side to side. Crookston: Is the reason that you are asking for the variance, is it not the cost factor? n Meridian City Council January 18, 1994 Page 18 Goldsmith: That is incorrect, and in fact I feel it will enhance our overall community. One of the several things I have mentioned has been for enhancement only. Crookston: You said you didn't think the land would be developed if the tile was required. Goldsmith: That is also correct, so that is one of the factors definitely, but not the only factor. I see a bare piece of land there and I see us able to complete the comprehensive plan and protects our community which looks better than the way it is now. The way the Eight Mile Lateral is now which is open, so that is the area that I was working towards. Kingsford: I think in terms of the logic of the variance Wayne, the Council has concluded that there are some greater safety factors in tiling than the risk of leaving it open. Cost is certainly a consideration for development, our consideration, I'm not going to put a price tag on what a life might be worth, but in fact a life might be challenged greater by a tile and inlet structure then that becomes a consideration too. rookstan= I don't -dispute -that at, that the juncture that we are at now, I think under the testimony tonight and actually the testimony that was presented -by Parkside Creek there is not grounds for a variance. I think the juncture is now is that we need to change the Ordinance rather than grant anymore variances about it. Goldsmith: I have other variance applications in right now. Crookston: For tiling? Goldsmith: For fencing, a variance Crookston: A variance to tiling. I think that is where the Council is really at, is to determine, make a determination as to what size waterway you want tiled and what size you don't think needs to be tiled for whatever reason that may be. Rather than put the developers having to come through this process and making an assessment as to what is the safest way to treat the waterways that pass through the city. Tolsma: Well, I'm talking to Mr. Hanson about that. He said about 95% of mileage of irrigation ditches are under 48 inch and he says the 5% you'll see are the Eight Mile Lateral or the Ridenbaugh that would be above that but he says they are far beyond that. He says once you get past 48 inch he says the opening in the grills that protect the openings of the pipe are do bid that a small child Meridian City Council January 18, 1994 Page 19 could go through it because he says they have larger debris floating down the ditch so those grills have to be opened larger to allow a greater amount of water to go through. He says 48 inch and under he says would be a tillable ditch. That was his recommendations. Kingsford: Well we are discussing things that I'd like to continue the public hearing and that finished up. Walt did you have another question? Morrow: Well, my questions is, I am sensitive to what both Wayne and Ron are saying and I agree that we should discuss that, what I want to know is how to solve this problem. Kingsford: Well, indifference to legal counsel I think there is , the thing that you don't do a variance for is just for economic hardship. I think that we go far beyond that with the safety issue, if we are agreed that what Ron has just said with the size of the grate that goes on constitutes a safety hazard of the volume of water that pulls somebody into it. And I believe that it is right and I think that Nampa Meridian spoke on the basis of having some research._on that- . T_ thinly_ that. does, constitute us_having- the ability to .grant the variance. I also agree with Wayne that we ought to be looking at changing that because it is ridiculous if we are going to take that approach we keep putting developers through that on everyone that comes- in. --Having said there, if there are no more questions I'd entertain other public comment. Don Stillwaugh, 1822 SE 5th Way, was sworn by the Attorney. Stillwuagh: In the last hearing that I was here for Hunts Bluff we discussed the tiling at some length and we gave testimony from Meridian Greens side that some of us had built our homes on the border of the canal because of the fact that it is quite similar to a creek and the landscaping part of it. So, I guess I want to re- state that, I think that the tiling of that particular canal, it is awful wide and the expense would be great of course. But, obviously there is an issue with Meridian Greens side of it. I'm not sure how that all goes together. Kingsford: You are saying then that you would like to preserve. Stillwaugh: We would like to see it left open and I would support the fencing on that, that is my testimony. I'd like to ask the Council one other question about Hunts Bluff, I'm not sure how to. When I receive the last one , I came here and was talking about the other issues which have been determined. One of my great concerns is what goes on behind me. The houses built on the edge viewing out right over this subdivision. The subdivision layout had about Meridian City Council January 18, 1994 Page 20 4 lots or 6 lots between Meridian Greens #2 and #3 and the end and went around. The lots that I see now have almost 9 lots, I don't know how that changed or how that does change. Now I have rather than 1 large-1-ot behind my house to wonder what is going to be a 2 story house or 2 different lots or even 3 different lots coming into play. Smaller lots which probably because of the size of the homes at the hearing they raised the square footage, it may be that they are all 2 story homes. I don't know how that happened because I don't know of a hearing that changed that. Could you clarify that or help me with that? Kingsford: Well, I'm not sure that I can without going back and looking. I'm not aware of the plat changing to change those square footage of the lots from the time that I originally saw it. Perhaps Mr. Goldsmith could speak to that or maybe Mr. Forrey. Was there a change in the lot designation, lot size bordering the Eight Mile and Meridian Greens? Goldsmith: Yes there was, and I remember clearing that with Wayne and it was because of the culdesacs and some changes that we had done to the subdivision. The lots are an average of 1,100 square _._£eet_approximately-- and _that__I -have__no. -intention of-building__2 story homes -there. I can't say that there wouldn't be one but. Kingsford; I guess his question is were those down sized Marty? Goldsmith; These back 4 lots here were originally 2 lots, that is correct. We have added another lot in this area here when these changes came about after meeting ACHD's requirements. We have been working closely with Gary and Wayne as to the the access we have acquired off of the culdesac for our lotage. Kingsford: Mr. Stillaugh is more concerned with how did we get 4 lots on the bottom instead of 2, I don't recall how that occurred. Goldsmith: It wasn't clear as to Meridian's requirements for lot access off of a culdesac. When this culdesac was added it became clear, there was an additional lot added here as opposed to a straight through street and those requirement also broke this land up here and back more. There was 4 there and of course there were 2 before and those lots were over 2000 square foot. (Inaudible) In the ordinance I actually found 2 things, one of them was talking about the flat lot, one of them was talking about a culdesac access and those changes on that plat were after ACHD's requirements and a clarification from Wayne Forrey and Gary Smith. Kingsford: What stage in the hearing process did that take place Marty? Had this been heard at Planning & Zoning when it was just 2 lots there? Meridian City Council January 18, 1994 Page 21 Goldsmith: It took place just prior to the Preliminary plat approval and Kingsford: So, all the time the Council has dealt with this it has been in that format am I right? Goldsmith: The street originally goes straight through and I believe you have a copy of that in you file. Kingsford: My question is did it become 4 lots down at the bottom after the Council started looking at it or before? Goldsmith: The plat was tabled Mr. Mayor because we were not reading off the same pages to whether ACHD requirements were being met and whether the Kenny Bowers concerns had been addressed with the Fire Department so the Plat was tabled. And at that time it did have the 4 lots in the back and the culdesac up front and at that time I spoke about a tech review that I had with ACRD and I had spoken with Kenny Bower and we produced that in writing on the next time or had that available here in writing and at that time the Preliminary plat went through. Kingsford: What were the requirements that the Council put on you that those lots bordering Meridian Greens had to have? Goldsmith: These lots bordering Meridian Greens needed to be 1600 square feet as opposed to the minimum in being 1500 square feet and the lots needed to be shake roofs. I have no problems with that. Kingsford: Wasn't there a square footage requirement placed on the buildings as well? Goldsmith: I'm sorry not the lots but the buildings themselves were to be 1600 square feet and there wasn't a problem with the lots sizes. Stillwaugh: Our problem is the lots were larger and that is what we are dealing with and that is what was approved. My neighbor next to me, he just moved to Salt Lake, he expressed to me that everyone that came to look at his house to buy it their concern was what were they going to do behind him, were they going to build 2 story homes. I would think that the smaller lots and with the increased size of the the house is going to force 2 story homes now for sure. Like I said if you look at the original plat that we were shown if you look at my lot there is one lot #10 directly behind it. This is what we dealt with. Kingsford: Was there another mailing of this current plat to the neighbors Marty? Meridian City Council January 18, 1994 Page 22 Goldsmith: I'm not sure of that, but in fact I did hand it out to the Council members and it was at the public hearing. If there is a problem that is irrectifiable for me here, I personally do know that those lots were laid out for 1800 and 2000 square foot homes. So, in the design of those lots, I actually took a computer component a drawing to scale and placed them on those lots and checked the setbacks and everything. If it comes down to it I am willing to not have the 2 story homes there if that will help him feel comfortable with that. I don't want to put that restriction on myself unless I have to. Kingsford: I guess my concern is that notice was given to these property owners pursuant to code and I have a concern at what point then those lots changed. During the time that at least I am aware of what you have up there is what I saw, yet what these folks were sent for consideration clearly shows 2 lots. I would be very interested in what the time table was on that and were they given due notice for hearing on that change. That is really not an issue now in this variance but certainly something that needs to be clarified prior to you doing any building. 1waugh_ Based__on.__.my__neighbox___in__lot-- 2__I__ think our _major concern is the view maybe that is something we can work out. Kingsford: I would suggest that but until that is done I would have some real reservation about approving any building permits on it Marty and checking your time table with these transmittals. Morrow: Can Wayne give us any enlightenment as to what went on here? Kingsford: I would imagine you would have to research the flow but I'm sure he can. Thank you, is there anyone else from the public that would like to offer testimony on this issue? Goldsmith: I have one more clarification if I may. When these lots are coming in this way to the Eight Mile Lateral there being fenced off so they are going in perpendicular intersection. Nampa Meridian's road is on the other side and so it is between the fence that is already erected and the Eight Mile Lateral and I have worked on these license agreements with them an they are saying it is okay to run these fences perpendicular this way that they won't need to access this side. However, they can and it is a recorded easement. But I'm not wanting to run a fence parallel with the Eight Mile Lateral on this side which is the west, southwest side of the Eight Mile Lateral, that our license agreement is stating that we run parallel on this side and give them enough room to scoop out the ditch and maintain it and that they will have a recorded easement on this side and they are saying it is okay for Meridian City Council January 18, 1994 Page 23 those fences to run in there perpendicular. Kingsford: I see that in Boise along the New York Canal and I think that reasonable if a person wants to fence it and give themselves protection they can if not they have access to it. I think that it true in Meridian Greens as well. Anyone else from the public. Don Bryan, 2070 North Locust Grove Road, was sworn by the Attorney. Bryan: I just have one question about the tiling of the ditch which is the variance in question. I think it is a good idea not to do because of the size. I guess my only comment is if you do indeed review this and change your ordinance to require them not to tile the ditches of a certain size at the same time could you also look into the question of the definition of what is adjacent to when they say the developer is required to tile a ditch on property adjacent to his ditch that he doesn't own. The ordinance believes states he has to tile that ditch which is adjacent to and there is a question to what exactly is adjacent to. Whether it is 20 feet, 2 feet or 80 feet. _. .._ . _ _ _ _ _ - ----_ Kingsford: That is a good point we ran into that before and it does need to be clarified Don. Bryan: When you are looking at the Ordinance you might throw that in there too. Thank You. Kingsford: Thank you Don, anyone else from the public? Seeing none I will close the public hearing. Need findings of fact, entertain a motion to have those prepared. Morrow: So moved Tolsma: Second Kingsford: Moved by Walt, second by Ron to have the Findings of Fact and Conclusions of Law prepared, all those in favor? Opposed? MOTION CARRIED: All yea ITEM #7: CAROL FELT: CLARIFICATION OF WATER AND SEWER COSTS TO HER HOUSEHOLD. PROTEST OF RATE INCREASE: Kingsford: Is Carol here or a representative?n Wayne, are you her representative? Forrey: Well, I did speak to Mrs. Felt Mayor. Mrs. Felt is 19gyMERIDIAN ^.UNCIL AGENDA ITEM NUMBER L9 APPLICANT: r .177. . . ice . . tom • AGENCY MERIDIAN POLICE - MERIDIAN FIRE DEPT. - COMMENTS: tt � - f�► MERIDIAN CITY ENGINEER - MERIDIAN ATTORNEY - MERIDIAN POST OFFICE - MERIDIAN SCHOOL DISTRICT - MERIDIAN BUILDING DEPT. - ADA COUNTY HIGHWAY DISTRICT - ADA STREET NAME COMMITTEE - CENTRAL DISTRICT HEALTH - NAMPA MERIDIAN IRRIGATION SETTLERS IRRIGATION - 0 IDAHO POWER - US WEST - INTERMOUNTAIN GAS - BUREAU OF RECLAMATION - MERIDIAN CITY ATTORNEY - MERIDIAN PLANNI.NG DIRECTOR OTHER COMMENTS: OFFICIALS WAYNE S. FORREY, AICP, City Clerk JANICE GASS, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS, Fire Chief BILL GORDON, Police Chief GARY SMITH, P.E., City Engineer Memorandum HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 FAX (208) 887-4813 GRANT P. KINGSFORD Mayor To: Mayor, Council Members. From: Wayne S. Forrey, AICP - Planning Date: 14 January 1994 Regarding: Goldsmith Charter - Hunts Bluff #2 - Variance Request. Regarding the request fot adopted ComprehensiveP.$ recreation purposes. i In ge Meridian area. Canals and and Settlers Irrigation Disti Variance to Allow Fencing riI indicates that certain water tiling of waterways. Variance. for COUNCILMEN RONALD R. TOLSMA ROBERT GIESLER MAX YERRINGTON ROBERT D. CORRIE Chairman Zoning & Planning JIM JOHNSON Centennial Coordinator PATSY FEDRIZZI tead'of Ditch Tiling: - The s can remain open for tins which traverse the ing by the Nampa Meridian ra MeridianIrrigation District I Slough Creeks be left open ;quested that all laterals, nt proposes to fence ost is cited by the If this large lateral is tiled, a large inlet structure and screen will be required. Testimony from the Nampa Meridian Irrigation District indicates that small children could easily get sucked through the inlet grates because of wide grate openings. It may actually be safer for small children to have a security fence along this lateral rather than tiling. For this reason this I recommend that this variance be granted subject to an acceptable security fence approved by the Nampa Meridian Irrigation District. I CCENTRAL •• DISTRICT WHEALTH DEPARTMENT Rezone # Conditional Use # Preliminary / Final / Short Plat 6�0L XXIlr7l C1%M72n7� 1/M1/h✓CL- — ��'IiLL� Z1t7—X:AzQL REVIEW SHEET Environmental Health Division JA N 14 1994 CITY OF MERIDIAN Return to: ❑ Boise ❑ Eagle ❑ Garden city `-Meridian ❑ Kuna ❑ ACZ ❑ I. We have Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type. of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ S. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ solid lava from original grade ❑ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ❑ 2 feet ❑ 4 feet ❑ 7. After written approval from appropriate entities are submitted, we can approve this proposal for: ❑ central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ❑ central water ❑ individual sewage ❑ individual water ❑ 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water ❑ 9. Street Runoff is not to create a mosquito breeding problem. ❑ 10. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 11. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 12. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store 10 13. Cl�*3 A+5 WO D,l C --1=77C--1=77 o.JS 7-0 -7/7f-f %�IIY//Ir� C 4 Date: --L1%/ / / / Reviewed By: CDND 10/91 rcb, rr OFFICIALS WAYNE S. FORREY, AICP, City Clerk JANICE GASS, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR.. Attorney JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS. Fire Chief BILL GORDON. Police Chief GARY SMITH. P.E.. City Engineer n HUB OF TREASURE VALLE''� A Good Place to Live COUNCILMEN CITY OF MERIDIAN RROBERTGI S ER 33 EAST IDAHOMAX NGTOIN RECEIVED OBERTD.ICORR MERIDIAN, IDAHO 83642 Chairman Zoning a Plar Phone (208) 888-4433 N ! A — 4 4994 JIM JOHNSON FAX (208) 887-4813 JAN F! i 1J.3 Centennial Coordinat GRANT P. KINGSFORDPATSY FEDRIZZI Mayor CITY OF MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your com ents and recommendations will be considered by the Meridian Ulu,, ADA COUNTY HIGHWAY DISTRICT may we have your answer by: 19 9C/ GRANT KINGSFORD, MAYOR TRANSMITTAL DATE: 2 " 3�' 9 3 HEARING DATE: 1 - / ? " 9 REQUEST: - --- — - -" 42 JIM JOHNSON P/Z �' MERIDIAN SCHOOL DISTRICT MOE ALIDJANI,P/Z MERIDIAN POST OFFICE (PRELIM AND FINAL PLATS) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRR.. DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT 808 CORRIE, C/C IDAHO POWER CO. -(PRELIM AND FINAL PLATS) BOB GIESLER, C/C U.S. WEST (PRELIM AND FINAL PLATS) MAX YERRINGTON, C/C INTERMOUNTAIN GAS (PRELIM AND FINAL PLATS) BRUCE STUART, WATER DEPT. BUREAU OF RECLAMATION (PRELIM AND FINAL PLATS) JOHN SHAWCROFT, SEWER DEPT. CITY FILES BUILDING INSPECTOR OTHER: U I A I ='- FIRE DEPARTMENT YOUR CONCISE REMARKS: POLICE DEPARTMENT CITY ATTORNEY GARY SMITH, P.E. ENGINEER WAYNE FORREY, AICP, PLANNER OFFICIALS WAYNE S. FORREY, AICP, City Clerk JANICE GASS. Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR.. Attorney JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS. Fire Chief BILL GORDON. Police Chief GARY SMITH. P.E.. City Engineer AOIN HUB OF TREASURE VALLE' A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone(208)888-4433 FAX (208) 887-4813 GRANT P. KINGSFORD Mayor RIEL.CEIVED JAN 1 0 1094 CITY OF MERIDIAN COUNCILMEN RONALD R. TOLSM ROBERT GIESLEF MAX YERRINGTOI ROBERT D. CORRI Chairman Zoning S Plai JIM JOHNSON Centennial Coordina PATSY FEDRIZZI TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your com ents and recommendations will be considered by the Meridian may we have your answer by: 1 19 9 �1 TRANSMITTAL DATE: ' 3C' q 3 HEARING DATE: l ' 19 REQUEST: JIM JOHNSON P/Z MERIDIAN SCHOOL DISTRICT HOE ALIDJANI,P/Z MERIDIAN POST OFFICE (PRELIM AND FINAL PLATS) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRR..DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER CO,(PRELIM AND FINAL PLATS) BOB GIESLER, C/C U.S: WEST (PRELIM AND FINAL PLATS) MAX YERRINGTON, C/C INTERMOUNTAIN GAS (PRELIM AND FINAL PLATS) BRUCE STUART, WATER DEPT. BUREAU OF RECLAMATION (PRELIM AND FINAL PLATS) JOHN SHAWCROFT, SEWER DEPT, CITY FILES f BUILDING INSPECTOR OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: POLICE DEPARTMENT CITY ATTORNEY GARY SMITH, P.E. ENGINEER WAYNE FORREY, AICP, PLANNER F 2 OFFICIALS WAYNE S. FORREY, AICP, City Clerk JANICE GASS. Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS. Fire Chief BILL GORDON. Police Chief GARY SMITH, P.E.. City Engineer � HUB OF TREASURE VALLE^ RECEIVED A Good Place to Live COUNCILMEN CITY OF ERIDIANJAN 1 11994 ROBERTGIESLEF MAX YERRINGTOI 33 IDAHO CITY OF MERIDI r.FiOBERT D. CORRI MERIDIAN, IDAHO 83642 Chairman zoning & Pla Phone (208) 888-4433 JIM JOHNSON FAX (208) 887-4813 GRANT P. KINGSFORD Mayor MID U LLECE v LELD Centennial Coordins PATSY FEDRIZZI 0 4 JAN 1994 NAMPA &&p MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON �TOPMENTIPROJECTS WITHIN THE CITY OF MERIDIAN To insure that your com ents and recommendations will be considered by the Meridian may we have your answer by: __ _ 1 19 9 y TRANSMITTAL DATE: 1 2 '30-2 3 HEARING DATE: 1 - / F - 9 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 808 CORRIE, C/C BOB GIESLER, C/C MAX YERRINGTON, C/C BRUCE STUART, WATER DEPT. JOHN SHAWCROFT, SEWER DEPT. BUILDING INSPECTOR FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM AND FINAL PLATS) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR:..:DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CQ", -(PRELIM AND FINAL PLATS) U.S WEST (PRELIM AND FINAL PLATS) INTERMOUNTAIN GAS (PRELIM AND FINAL PLATS) BUREAU OF RECLAMATION (PRELIM AND FINAL PLATS) CITY FILES OTHER YOUR CONCISE REMARKS: Nampa & Meridian Irrigation District has no comment on this variance request. GARY SMITH, P.E. ENGINEER WAYNE FORREY, AICP, PLANNER !Bi�`-� ll Henson, Foreman Nampa & Meridian Irrigation District OFFICIALS WAYNE S. FORREY, AICP, City Clerk JANICE GASS. Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR.. Attorney JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS. Fire Chief BILL GORDON, Police Chief GARY SMITH. P.E.. City Engineer HUB OF TREASURE VALLE A Good Place t0 Live COUNCILMEN CITY OF MERIDIAN ROBERTGIESLERf MAX YERRINGTON 33 EAST IDAHO ROBERT D. CORRIE MERIDIAN, IDAHO 83642 Chairman zoning & Plan Phone (208) 888-4433 JIM JOHNSON FAX (208) 887-4813 Centennial Coordinat PATSY FEDRIZZI GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your com ents and recommendations will be considered by the Meridian may we have your answer by: 19 9 41 TRANSMITTAL DATE: ' 9 3 HEARING DATE: I - I $ - 9 REQUEST: BY : God _ LOCATION OF PROPERTY JIM JOHNSON P/1 MOE ALIDJANI,P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C BOB GIESLER, C/C MAX YERRINGTON, C/C BRUCE STUART, WATER DEPT. JOHN SHAWCROFT, SEWER DEPT. BUILDING INSPECTOR FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY GARY SMITH, P.E. ENGINEER WAYNE FORREY, AICP, PLANNER U; v v L"U ��>Q / d .� OR PROJECT : � t� MERIQIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM AND FINAL PLATS) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR. DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CQ. -(PRELIM AND FINAL PLATS) U.S.. WEST (PRELIM AND FINAL PLATS) INTERMOUNTAIN GAS (PRELIM AND FINAL PLATS) BUREAU OF RECLAMATION (PRELIM AND FINAL PLATS) CITY FILES OTHER: YOUR CONCISE REMARKS: 42 APPLICATION AND STANDARDS FOR VARIANCES A variance from the terms of this Ordinance shall not be granted by the Council unless and until a written application for a variance is submitted to the Administrator and the Council containing, where applicable. Address of subject Property: 875 East Overland Road, Meridian, Idaho 83642. 2. Name, address, and phone number of applicant: Roylance & Associates, P. A. 4619 Emerald Street, D-2 Boise, Idaho 83706 208/336-7390 3. Name, address, and phone number of owner(s) of subject property: Goldsmith Charter 4450 West State Street Boise, Idaho 83703 2081338-9708 4. Proof of ownership or valid option on the property or a contract interest therein with consent of the titled owner: See Attachment B. Legal Description of subject property: See Attachment C. 6. Present use of subject property: Property is site of single-family residence. 7. What is intended to be done on or with the property: The property is the site of a proposed single-family residential subdivision which received preliminary approval from the Meridian City Council December 21, 1993. Also refer to Attachment A 1. 8. The district that pertains to the subject property: Property is zoned R-4 Residential District. 9. Vicinity map at a scale approved by the Council showing property lines, existing streets, proposed district, and other such items as may be required: See Attachment D. 10. Schematic building plans which indicate typical elevation and floor plan of any proposed construction: See Attachment E. 11. A list of all the mailing addresses of all property owners (from authentic tax records of Ada County) within three hundred feet (300) of the external boun- daries of the land being considered and a listing of the mailing addresses of all property owners within the area of the land being considered: See Attachment F. 12. Characteristics of subject property which prevent compliance with the require- ments of this Ordinance: Property is bordered to the south and west by a major open irrigation lateral which would require the installation of large -diameter pipe in order to cover the canal 13. Minimum requirements of this Ordinance that need to be reduced to permit pro- posed use. Owner/developer requests that the requirements of Section 9-605 of the Meridian City Code be modified to allow providing for the public safety by the erection of suitable fencing along the Eight Mile Lateral~ 14. Difficulty or hardship which would result if requirements of this Ordinance were applied to the subject property: Compliance with the provisions of Section 9-605 was not imposed upon pre- vious similar developments located along the Eight Mile Irrigation Lateral 15. Unusual or peculiar circumstances which indicate that regulations of this Ordi- nance should not be strictly complied with: The size of the bordering lateral would require the installation of minimum 48- inch 8inch diameter pipe would be required It is the position of the applicant and owner/developer that more economical alternatives exist. 16. Statement that special conditions and circumstances exist which are particular to the land, structure, or buildings involved and which are not applicable to other lands, structures, or buildings in the same district: Refer to Attachment A 2. 17. Statement that a literal interpretation of the provisions of this Ordinance shall de- prive the applicant [property owner] of rights commonly enjoyed by other proper- ties in the same district under terms of this ordinance: Refer to Attachment A 3. 18. Statement that special conditions or circumstances exist that were not a result of the applicant's [property owner's] action. Refer to Attachment A 4. 19. Statement that granting the variance requested shall not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures, or buildings in the same district: Refer to Attachment A 5. 20. Relationship of the proposed variance to the Meridian Comprehensive Plan: This variance request does not pose any detrimental impact to the fulfillment of the Meridian Comprehensive Plan. 21. A fee established by the Council: $ 250.00 + $ 1.29 for each certified mailing to be sent = Total Fee 22. The property will be posted 1 week before hearing stating that they have applied for a Conditional Use Permit or Zoning. There must be a signed affidavit that this has been done as part of the application. REOUIR_EMENTS: VARIANCE Attach a site plan showing all details of the proposed development. Complete the following questions and return with the application. 1. what is intended to be done on or with the property? The property in question is the site of a proposed single-family residential subdivision, Hunts Bluff No. 2 2. What special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district? The Eight Mile Irrigation Lateral is a major facility which borders the applicant's property to the south and west. This would require the installation of very large pipe (in excess of 48 -inch diameter) in order to serve this section of the canal. 3. Why will a literal interpretation of the provisions of this ordinance deprive you of rights commonly enjoyed by other properties in the same district under the terms of this oa tenetA literinrpration of Section 9-605 M of the Subdivision and Development Ordinance would deprive the applicant of an option practice by previous similar developments to use alternative methods of addressing public safety while avoiding the expense of piping a major irrigation lateral. 4. What special conditions or circumstances exist that were not a result of your actions? Previous municipal policy has not enforced compliance with Section 9-605 as it pertains to properties impacted by the Eight Mile Lateral. 5. why will the granting of this Variance not confer on you any special privilege that is denied by thisordinanceto other lands, structures, or building in the same district? The applicant's request is strictly an extension of existing conditions which have had a significant impact upon development in this area of Meridian. Attachment A \ L kj:�A-a L Attachment E HumTs &OFF #2 T NTS A t t a C h M e n t D 09-17-93 03:07PM FROM GLENCO DEVELOPMENT REA E _ .,'L PURCHASE AND BALE AGREEMENT AND F, ZIPT FOR EARNIT MONEY TM It A LEGAL et DIN* CONTRACT. 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D Nob 0w (a or " R . _.____) evidenced btr Q cu%,,p'Faaaw Check n mases c (b) roam Money to be dwaS11e4 In 1041 MOM upm saaptmv by an Philip and abet be held blr A Lisbre/ BaNtq ommr ft'CMM s _._- la ow beneMl a Me PMS W911 and ehsM WO 11w coo; toly OXWAW brow -1 dopy of *w wow" ad N 04WAW ler ON pioolac. 17 (o) It s,1 sartrabrw have ban and by OWw. ewer and ISS Was dwt ate aMtwu moody past a@dM [#port ism and sty other EttyMlr oW4 tthal be ushatted b buys, in Ne e a :: +e Ettyar of No can at "Numlases dab b ooeebaL (a) The pantos was gess Tub Cwvp m du1 pmWe we poby and p wwjnuy raw of eammkrn6ot 6 zo IN ihe'bbsYeO epeeny" ler this wNw ailon shall be p a be►t'Mrm eeaow 1001sew Is kwolved. Men t s escrow z, � 2. TOTAL PURCMAttR PRIC"S 24 DOLI.ARI N 1 z6 Payable as lolbws: (y• _ _ ktdt4dMeg abut. EM11pt Morwy (Obtirep lab Me sddido11aU. 26 @) s Lit . N I R not Mtlutled) sr S. FINANCING. 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P089E88ION. euviWoo a vdw b p mWm on C odwt "ftW wmg tw due m whbh IS dttalsaatD Me Glow MWIld M eooepbd by M palateMid Md the ala peosssa ale awbtle b Bab& Tawe seed water aapasmenp (using wl 1 X p.tuind a a buN). rade, 11114111111 Vel ntMrvp, tem, enoUMN111aa M OftIftna 91IW44 and udws Mad bel W0.1046 86 a I" deep pay for 1401 In lank soot to be daarmbed by IM I L Is>ePes!y�Q 11. ACOHPTANO11W4WI alta Is mea PAW b ow aaaplmp of NIM m M bdple +roc dobolr060#t AMa —, V dos nal rwapt MWttpremaM w" the Mme upolat go soft EMmd Melly that be lehmab d GUM an aw an0. 17. IMPORTANT — AQ9NCY DISCLOSURE. At ew flea Of 0111dnp Nb yposmMM Ow apaa we'" VM Ne buys eaplestldal and dw pad wodditp wall Mee saw talinu ed " '"" �' tach w1w 64*196 daoueaw cw k" the Witte ter w dNabtulo of agow ten provided b M"W b Nit bamssdm. lob 0M4' b ala bsnsaolo11 ha NO and wderswo the maaW 01 MN spawy d wsawa braola+rs preowely ffes"d. U. TIME IS OF THE BOUNCE OF THIS AGREEMENT. . totklp Agency' \� lNdn1 Apeneyt aY1 BY. ... _ _ Bi+YtrkyO AditW S..70 — 6uy*A Phony. Rssidaewe BuaMN O See attached Addsndufn(a). 0 See attscWd Counter Otfee(B). on Udo, dab, utas hMsby Wow sod doo.pl Mw late ell torte N dw above WsomaM Md spa to can cul all Ow tome thaeot on Sts pan of dw east into Fir aria O6Nfku a ode apraMnefM opted by bah 00rdu. tater Berth Addrew -" 63 134 64 66 er ea 6r rc 71 r: 13 74 n 76 7'r :9 15 Ido dl PC —Haw Nq ._-- 6, 1ls10h Addlep: a: )a-"1.-93 04:32PM f Fila Nuint er. P121684 FROM PIONEER TITLE -STATE TO 3367391 P001/001 COMMITMENT FOR TI -1 -c INSURANCE SCHEDULE C rhe land referred to in this Commitment Is described as follows; 'rHE WEST HALF OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE -MERIDIAN, ADA COUNTY, IDAHO. EXCEPT THEREFROM A PARCEL OF LAND BEING A PORTION OF THE WEST 1 /2 OF THE WEST 1/2 OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST SOISE- MERIDIAN, ADA COUNTY, IDAHO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP MARKING THE QUARTER CORNER COMMON TO SECTIONS 18 AND 19, FROM WHICH THE SECTION CORNER COMMON TO SECTIONS 18 AND 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, AND SECTIONS 13 AND 24, TOWNSHIP 3 NORTH, RANGE 1 WEST, r5EAR8 SOUTH 89 DEGREES 43'43° WEST; THENCE SOUTH 0 DEGREE 33'86" WEST ALONG THE NORTH -SOUTH CENTERLINE OF SECTION 19 FOR A DISTANCE OF 581,66 FEET TO A POINT ON THE CENTERLINE OF THE EIGHT MILE LATERAL, OF THE NAMPA-MERIDIAN IRRIGATION DISTRICT, AS DESCRIBED IN THAT DOCUMENT RECORDED WITH INSTRUMENT NO. 7603076, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING: THENCE ALONG A CURVE TO THE LEFT, BEING THE CENTERLINE OF SAID EIGHT MILE LATERAL, FOR ADISTANCE OF 2`1 .43 FEET, SAID CURVE US OF 90.00 FEET, TANGENTS OF 0.77 FEET AND CENTRALAVING A O DCLLE OF 13 DEGREES ' flAp LENGTH OF21 36 FEET BEARING SOUTH 62 DEGREES 31'09" EAST; THENCE CONTINUING ALONG SAID CENTERLINE FOR THE NEXT' 2 COURSES: SOUTH 69 DEGREES 20130" EAST FOR A DISTANCE OF 57.50 FEET; THENCE SOUTH 76 DEGREES 16'18" EAST FOR A DISTANCE OF 255.14 FEET; THENCE LEAVING SAID CENTERLINE, SOUTH 0 DECREE 34'37" WEST FOR A DISTANCE OF 238.02 FEET, TO A POINT ON THE EAST --WEST CENTERLINE OF THE NORTHEAST QUARTER OF SECTION 19; THENCE ALONG SAID EAST -WEST CENTERLINE SOUTH 88 DEGREES 48'62" WEST FOR A DISTANCE OF 330.87 FEET, TO AN IRON PIN MARKING THE CENTER NORTH 1/18 CORNER OF SECTION 19; THENCE ALONG THE NORTH-SOUTH THE TRUE PE F SAID BEGINNING,SE 19, NORTH 0 DEGREE 33'55" EAST FOR A DISTANCE OF 333-69 SND OF I-aGAL DESCRIPTION Attachment C Ck5 July 12, 1993 Project No. 1404 List of property owners within radius of 300 feet: Terteling Trust No. 7 877 West Main Street, Suite 706 Boise, ID 837m C� WISO Meridian, ID 83642 Attachment F Project No. 1404 Property Owners Page 2 Robert H. and Geraldine Jones 1932 SE 05th Way Meridian, ID 83642 Timothy M. and Jana L. McCarthy 2000 SE 05th Way Meridian, ID 83642 Roger G. and Elaine B. HeiJlinger 2010 SE 05th Way Meridian, ID 83642 Steven L. and M. Jane Hopkins 2018 SE 05th Way Meridian, ID 83642 Meridian Green Homeowners Corporation P.O. Box 851 Meridian, ID 83642 Darrell R. and Shannon L. Spencer 875 E Overland Meridian, ID 83642 ustomer's , Z1 '� 19 Y3Order No. Date Address MARTY GOLDSMITH DBA FARWEST DEVELOPERS Phone: SO;DB CASH I C.O.D. CHARGE ON ACCT. MDSE. R"PAID c 3Hi• ZOO w''� a 4550 W STATE ST BOISE, IDAHO 8370308) 338-9708 1 1 � {/fin•/ PAY T�E_ ORDER OF l i % %� / /,��/ � /� U 2 c 1 All claims and returned goods MUST be- ccompanied by this bin. TAX Receivedceived 001671 TOTAL Z&OI i .3:5 Gs -202-2 I l� PRINTED IN U.S.A. �V •"'_-'_� r- --- MARTY GOLDSMITH DBA FARWEST DEVELOPERS a 4550 W STATE ST BOISE, IDAHO 8370308) 338-9708 19 ` J � {/fin•/ PAY T�E_ ORDER OF l i % %� / /,��/ � /� West One Bank, Idaho U Fairview Office 54 Post Office Box 7Y17 BANK Boise, Idaho 89707 'YA\ FOR W�s FY ' "- I: 124 L000 191: L 10000960 L 36))' 18 20 I4": 1 181 92-1/1241 Z-215 9_. n NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian,Idaho, at the hour of 7:30 p.m., on January 18, 1994, for the purpose of reviewing and considering the Application of Goldsmith Charter, for a variance to the city's subdivision ordinance to allow fencing of the Eight Mile Lateral instead of tiling as required in the city's subdiviison ordinance. The property is generally located on the south side of Overland road and west of South Goldsmith Avenue. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 3 day of January 1994. WILLIAM G. BERG, JR., LVITY CLERK mol" 1 � rf �, � t p e L E. SHEPHCRQ • ' l2 11 T M 10 9 1 G E. 8UR? �. 13 6 _ I N 14 3� E 16 12 E. F.yC N• 13I I 17 S "�3 6 Ir IA' ,� alp •' 13 r 20 O,p "•6 21 p,ROJHOT 12 s r LOOATION_ t• 17 .4J&V �f 24 + a + 1 16 -""• S + ♦+� i •► +�IiYf� 0 11 ,15 -425 25 121y 19 I8 9 13 14 16 6 15� 27 • �• `MARTIN OR. ,�• 1 10 2 8 8 � If 12 • �+�• I M 3 q � 9 23 ® 22 0 �• 1 �• 21 2 10 17 2 T+ 1; 6 C% 31 • l6 3 •2 �' 32 15 qy 7 33 R M1 • k. .. "► 5 ® 14 5 �►y 19 I8` 6 p? 34 1��1�• .6 6 179 10 0 35 16 8 12 7 If •��" 3 p•A� ' 1 15 90 t nt 14 1 ® 13 • � ueQr�wnuF / \ s7 E. tn.... �E: 1 G l•i �' // T MERIDIAN CITY COUNCIL MEETING: October 18.1994 APPLICANT: BOND CAMPBELL AGENDA ITEM NUMBER: 12 REQUEST: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR THE HOLLOWS AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: SEE ATTACHED COMMENTS US WEST: SEE ATTACHED COMMENTS INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: MEMORANDUM: September 8, 1994 To; Mayor, City Council, Planning & Zoning From; Bruce Freckleton, Assistant to City Engineer Re; THE HOLLOWS SUBDIVISION (Preliminary Plat) I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the applicant during the hearing process: 1. Reference elevations and contours shown on the Preliminary Plat map to an established benchmark. 2. Determine the seasonal high ground water elevation, and profile the sub -surface soil conditions. 3. Water service to this development could be by applicants extension of the 12 inch diameter main line in E. Ustick Road, at the NW corner of the "Howell Tract Subdivision". Water service is contingent upon positive results from our hydraulic analysis by our computer model. 4. Sewer service for this size of parcel could be into the South Slough Trunk by the applicant, assuming ground elevations will so allow. 5. Any existing irrigation ditches crossing the property to be included in this platting, shall be tiled per City Ordinance. Plans will need to be approved by the Nampa & Meridian Irrigation District. 6. Submit the proposed restrictive covenants and/or deed restrictions. 7. Submit letter from the Ada County Street Name Committee, approving the subdivision name and street names. 8. Submit a master street grading and drainage plan including method of disposal & approval from the affected drainage district. C:\WPWIN60\GENERAL\HOLLOWS. P&Z _ . UB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk JANICE L. GAS, City Treasurer CITY OF MERIDIAN RONALD R. TOLSMA YERRNGTON RMOABE T 0!CORR E GARY D. SM THS P.E. City Engineer BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 Planner a Zoning Administrator W.L. "BILL" GORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 8884433 a FAX (208) 8874813 Chairman - Planning & Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM: September 8, 1994 To; Mayor, City Council, Planning & Zoning From; Bruce Freckleton, Assistant to City Engineer Re; THE HOLLOWS SUBDIVISION (Preliminary Plat) I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the applicant during the hearing process: 1. Reference elevations and contours shown on the Preliminary Plat map to an established benchmark. 2. Determine the seasonal high ground water elevation, and profile the sub -surface soil conditions. 3. Water service to this development could be by applicants extension of the 12 inch diameter main line in E. Ustick Road, at the NW corner of the "Howell Tract Subdivision". Water service is contingent upon positive results from our hydraulic analysis by our computer model. 4. Sewer service for this size of parcel could be into the South Slough Trunk by the applicant, assuming ground elevations will so allow. 5. Any existing irrigation ditches crossing the property to be included in this platting, shall be tiled per City Ordinance. Plans will need to be approved by the Nampa & Meridian Irrigation District. 6. Submit the proposed restrictive covenants and/or deed restrictions. 7. Submit letter from the Ada County Street Name Committee, approving the subdivision name and street names. 8. Submit a master street grading and drainage plan including method of disposal & approval from the affected drainage district. C:\WPWIN60\GENERAL\HOLLOWS. P&Z ?I*_1 /'\ 9. Please indicate any existing FEMA Flood Plain Boundaries on the Preliminary Plat map and/or any plans to reduce said boundaries. 10. Coordinate the fire hydrant placement with the City of Meridian's Water Works Superintendent. 11. A 250 Watt High Pressure Sodium Street Light will be required at the subdivision's entrance off S. Locust Grove Rd. 12. Existing domestic wells and/or septic systems within this subdivision will have to be removed from their domestic service per City Ordinance. Wells may be used for non domestic purposes such as landscape irrigation. 13. Submit information detailing the traffic impact on existing or adjacent roadways & intersections. 14. Submit a statement of any dedications to the public and/or easements, state their locations, dimensions and purpose of such. 15. The cul-de-sac exceeds the allowable length per City Ordinance. The narrative submitted with this application states that a Variance application will be submitted by Aug. 29, 1994. 16. Please dimension the existing and proposed R -O -W widths of E. Ustick Road. C: \WPWIN60\GENERAL\HOLLOWS.P&Z DATE: September 12, 1994 SUBJECT: Preliminary Plat for The Hollows Subdivision 1. Indicate centerline of Ustick Road and add dimension from centerline to property line and proposed right-of-way. 2. Perimeter fencing is required prior to construction. 3. A development agreement is required as a condition of annexation. HUB OF TREASURE VALLEY OFFICIALS COUNCIL MEMBERS A Good Place to Live RONALD R. TOLSMA WILLIAM BERG, JRTeasurClerk MAXYERRINGTON JANICE L. GASS, City Treasurer JANICEL. ROBERT D. CORRIE CITY OF MERIDIAN GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief KENNYireCPolice " 10— k ''x' 71 o : Pll ner & Zoning Administrator MERIDIAN, IDAHO 83642 '�:,.ir- , t 1 `�' =—" — GORDON Chief WAYNE G. CROOKSTON, JR., Attorney JIM JOHNSON Phone (208) 888-4433 • FAX (208) 8874813r Chairman - Planning & Zoning Public Works/Building Department (208) 887-2211 3 E MEMORANDUM GRANT P. KINGSFORD Mayor 0 g E� z" =73 Rd �f'tild TO: Planning & C �' Mayor and Council ,Zonin Ision, f t ��7'u FROM: Suri L. Stiles, Planning & Zoning Administrator DATE: September 12, 1994 SUBJECT: Preliminary Plat for The Hollows Subdivision 1. Indicate centerline of Ustick Road and add dimension from centerline to property line and proposed right-of-way. 2. Perimeter fencing is required prior to construction. 3. A development agreement is required as a condition of annexation. 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, please submit your comments and recommendation to Meridian. City Hall, Attn: Will Berg, City Clerk by: September 6. 1994 TRANSMITTAL DATE: 8/15/94 HEARING DATE: 9/13/94 REQUEST: Preliminary Plat for The Hollows BY: Bond Campbell LOCATION OF PROPERTY OR PROJECT: North of Ustick Road and West of Locust Grove Road JIM .JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, PIZ GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF R LAMATION(PRELIM & FIN L PLA CITY FILESV, OTHER: YOUR CONCISE REMAR S: CITY PLANNER i2 2 1ed,t M /0*N1 A11%k HUB OF TREASURE VALLEY COUNCIL MEMBERS OFFICIALS A Good Place to Live RONALD R. TOLSMA WILLIAMG. ty Clerk L. GASS. City Treasurer CITY OF MERIDIAN MAX YERRINGTON ROBERT D. CORRIE JANICE GARY0. SMITH, P,E. City, Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO SHARI STILES JOHN T. SHAWCROFT, Waste Water Supt. Planner & Zoning Administrator KENNY W. BOWERS, FlreChiet MERIDIAN, IDAHO 83642 JIM JOHNSON W.L. "BILL" GORDON, Police Chief Phone (208) 888-0433 •FAX (208) 887813 Chairman -Planning 8 Zoning WAYNEG. CROOKSTON. JR., Attorney 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, please submit your comments and recommendation to Meridian. City Hall, Attn: Will Berg, City Clerk by: September 6. 1994 TRANSMITTAL DATE: 8/15/94 HEARING DATE: 9/13/94 REQUEST: Preliminary Plat for The Hollows BY: Bond Campbell LOCATION OF PROPERTY OR PROJECT: North of Ustick Road and West of Locust Grove Road JIM .JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, PIZ GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF R LAMATION(PRELIM & FIN L PLA CITY FILESV, OTHER: YOUR CONCISE REMAR S: CITY PLANNER i2 2 1ed,t M OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON. JR., Attorney /'N HUB OF TREASURE VALLEY n A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 8884433 a FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORR!E WALT W. MORROW SHARI STILES Planner & Zoning Administrator RMECEI`A,IE21 # JIM JOHNSON Chairman - Planning & Zoning AUG 16 19x4 CITY 0 ,,m,- <1est.i,' 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, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: September 6, 1994 TRANSMITTAL DATE: 8/15/94 HEARING DATE: 9/13/94 REQUEST: Preliminary Plat for The Hollows BY: Bond Campbell LOCATION OF PROPERTY OR PROJECT: North of Ustick Road and West of Locust Grove Road JIM JOHNSON, PIZ MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT 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: ge— / � - 4 YOUR CONCISE REMARKS: August 30, 1994 /� 'ERINTENDENT OF SCHOOLS Bob L. Haley DEPUTY SUPERINTENDENT Dan Mabe, Finance & Administration DIRECTORS Sheryl Belknap, Elementary Jim Carberry, Secondary Christine Donnell, Personnel Doug Rutan, Special Services JOINT SCHOOL DISTRICT NO.2 911 MERIDIAN STREET • MERIDIAN, IDAHO 83642 • PHONE (208) 888-6701 City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: Preliminary Plat for The Hollows Subdivision Dear Councilmen: SES' s� I have reviewed the application for The Hollows Subdivision and find that it includes approximately 12 homes at a median value of $100,000. We also find that this subdivision is located in census tract 103.11 and in the attendance zone for Pioneer Elementary, Meridian Middle School and Centennial High School. Using the above information we can predict that these homes, when completed, will house 6 elementary aged children, 4 middle school aged children, and 3 senior high aged students. At the present time Pioneer Elementary is at 93% of capacity, Meridian Middle School is at 130% of capacity and Centennial High School is at 106% of capacity. The Meridian School District is not opposed to growth in our district, however this subdivision will cause increased over- crowding in all three schools. There is little opportunity to shift attendance boundaries since the surrounding schools are also well over capacity. Before we could support this subdivision, we would need land dedicated to the district or at least made available. 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. n We are in a difficult position and need your help in dealing with the impact of growth on schools. Sincerely, Dan Mabe Deputy Superintendent DM: gr ,LENN J. RHODES, Pre<_:aenr 7 HERBY R HUBER. vice Pres!aent TAMES E. ?DUCE. Secrema TO: ACHD Commission FROM: Development Services SUBJECT: PRELIMINARY PLAT - THE HOLLOWS Meridian INTER -DEPARTMENT CORRESPONDENCE HOLLOWS/DSTECH 9-7-94 DATE: September 1, 1994 (Developer - Bond Campbell & Shelli Caba, 1150 E. Ustick, Meridian, ID 83642) (Engineer/Surveyor - Briggs Engineering, 1111 S. Orchard, Suite 600, Boise, ID, 83705) PRELIMINARY REPORT - NOT FINAL UNTIL APPROVED BY THE ACHD COMMISSION FACTS & FINDINGS: 1. The Hollows is a 12 -lot, 6.0 -acre single family residential subdivision located on the north side of Ustick Road approxi- mately 1300 -feet east of Meridian Road. There are 752 -feet of new public streets proposed. 2. GENERAL INFORMATION: LEAD AGENCY: Meridian ACRES - 6.2 ZONING - Residential - R-4 TRAFFIC ANALYSIS ZONE - 255 L.F. OF FRONTAGE ON Ustick Road - 362 -feet MOST RECENT TRAFFIC COUNTS - Date 1/18/94 Volume 2,843 FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Minor Arterial ADA COUNTY RIDGE -TO -RIVERS PATHWAY PLAN - Lane EXISTING RIGHT-OF-WAY - 50 -feet REQUIRED RIGHT-OF-WAY - 90 -feet; 45 -feet from centerline Ustick Road is improved with 30 -feet of paving. IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Near Rural ada county highway district 318 East 37th - Boise, Idaho 83714 - Phone (208) 345-7680 PRELIMINARY PLAT - Tlr"NHOLLOWS September 1, 1994 Page 3 5. Construct a stub street to the east as shown on the prelimi- nary plat. 6. Relocate the storm drain on Lot 1, Block 2, into the public right-of-way or on a separate lot owned by the homeowners association. STANDARD REQUIREMENTS: 1. Street and drainage improvements required in the public right- of-way shall be designed and constructed in conformance with District standards and policies. 2. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACRD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 3. Provide written approval from the appropriate irriga- tion/drainage district authorizing storm runoff into their system. 4. Locate obstructions (utility facilities, irrigation and drain- age appurtenances, etc.) outside of the proposed street im- provements. Authorization for relocations shall be obtained from the appropriate entity. 5. Continue existing irrigation and drainage systems across par- cel. 6. Submit three sets of street construction plans to the District for review and appropriate action. 7. Submit site drainage plans and calculations for review and appropriate action by ACHD. The proposed drainage system shall conform to the requirements of City of Meridian and shall retain all storm water on-site. Public street drainage facilities shall be located in the public right-of-way or in a drainage easement set aside specif- ically for that use. There shall be no trees, fences, bushes, sheds, or other valuable amenities placed in said easement. 8. Provide design data for proposed access to public streets for review and appropriate action by ACHD. 9. 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. :goo ,4V j. - r 7) o -1 , A N. SHEE'PHORH'AVE• m d• O N b W m A � N — b 2 A in N 9w aOCK PL. o vi c . N• v N O N N N In N Q 17 N G fQ m SUBDIVISION EVALUATION SHEET CITY Proposed Development Name THE HOLLOWS SUB City MERIDIAN Date Reviewed 9/29/94 Preliminary Stage XXXXX Final Engineer/Developer Briggs Engr. / Bond Campbell The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall appear on the plat as: "EAST USTICK ROAD" The following new street names are approved and shall appear on the plat as: "E. SLEEPY STREET" "N. WINDY AVE " The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in ord for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, R R ENTATIVES OR DESIGNEES Ada County Engineer John Priester Date Z Ada Planning Assoc. Terri Raynor Date j 6 N4Meridian Fire District Representative ate NOTE: A copy of this evaluation sheet must be presented to the I County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!I! Subindex Street Index NUMBERING OF LOTS AND BLOCKS TR\SUBS\SM CITY.FRM SUBDIVISION EVALUATION SHEET Ca.`, i SS i., - "dli 1'9i..A Jill -1141 Proposed Development Name THE HOLLOWS SUB City MERIDIAN Date Reviewed 8/25/94 Preliminary Stage XXXXX Final Engineer/Developer Briggs Eng_r. / Bond Campbell The following SUBDIVISION NAME is approved by the Ada County En ' er or his designee per the requirements of the IDAHO STATE CODE. WS Sl%/3 X. Date .1 Z The Street name comments listed below are made by the mem ers of the A A C UNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing i street names shall appear on the plat as: "EAST USTICK ROAD" "HOLLOW" is a duplication and therefore cannot be used The following new street name is approved and shall appear on the plat as: "E. SLEEPY STREET" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in officially approved. ADA COUNTY STREET NAME COMMITT�,AEI11CY for the street names to be ENTATIVES OR DESIGNEES Ada County Engineer John Pri ester Date Ada Planning Assoc. Terri Rayno i Date Z'1_4�� Meridian Fire District Representativk4V" 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 M! Sub Index Street Index -, NUMBERING OF LOTS AND BLOCKS TR\SUBS\SM CITY.FRM CENTRAL REVIEW SHEET �CElV;EE •• DISTRICT Environmental Health Division Return to: OWHEALTH 2 1994E] Boise DEPARTMENT a a" �`a.d=,:s'a/t, 3 ❑ Eagle ❑ Garden city Rezone # meridian CnadWonal Use # ❑ Kuna reliminary inal / Short Plat -/Zb//0 Z4.0 SL//, ❑ ACZ ❑ I. We have Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth ❑ high seasonal ground water ❑ solid lava from original grade ❑ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ❑ 2 feet ❑ 4 feet After written approval from appropriate entities are submitted, we can approve this proposal for: 4T -central sewage ❑ community sewage system ❑ community water well ❑ interim sewage central water ❑ individual sewage ❑ individual water ,0-8. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines central water JR 9. Street Runoff is not to create a mosquito breeding problem. ❑ 10. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 11. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 12. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store ON -40 Date: i l y Reviewed By: QJ CDHD 10/91 rcb, rev. II/9: CENI RAL n 04 DISTRICT � HEALTH DEPARTMENT MAIN OFRCE • 107 N. ARMSTRONG PL a BOISE. 0.83704 • (208) 375-5211 • FAX: 327-8 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. STORMWATER MANAGEMENT RECOMMENDATIONS We recommend that the first one half inch of stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 1992 2) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT 3) CALIFORNIA BEST MANAGEMENT PRACTICE HANDBOOK Prepared by Camp Dresser and McKee, Larry Walker Assoc., Uribe and Assoc., Resources Planning Assoc., for the Stormwater Quality Task Force -4) --URBAN STORM DRAINAGE CRITERIA MANUAL Volume 3, Best Management Practices Stormwater Quality Urban Drainage and Flood Control District, Denver, Colorado Serving Valley, Elmore. Boise. and Ada Counties Ada / ease Courtly amts WIC Boas • Mandan M714. Amartong PL 1606 Roberts Boise. 10. .83704 Boise. 10. ErTm. Heactx W-7499 83705 Ph. 3343355 Foray P!arrax; 321.7400 324 Mend m. 0. 1rratxr=mrm 327-7450 83642 Ph. 8884525 tkdmotx 327-7460 tiVIC: 327-1488 Elmore courtly 0mce S20 E A She N. Montan Horne. 1D. 83647 Ph. 587.4407 M Elmore county c5ce d &r ommeNat Hedfh 190 S. 4th Sheet E WWI= Hane.:0. M7 Fh. 587.9M Vdley C=* office P.O. Box 1448 Mccal 0. K63s Ph. 634.7194 OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney ^HUB OF TREASURE VALLEY gg,ECEI J A Good Place to Live i/ •x-CFJ "CIL MEMBERS RONALD R. TOLSMA CITY OF MERIDIAN AUG 199LA Xyl ALTW.MIORROW 33 EAST IDAHO 401 % (t#� A 1 $l�PP(STILES Planner & Zoning Administrator MERIDIAN, IDAHO 83642 JIM JOHNSON Phone (208) 888.4433 a FAX (208) 8874813 � C IE� � nLEDman - Planning & Zoning Public Works/Building Department (208) 887-2211 i I�IV� v �C GRANT P. KINGSFORD Mayor 17 AUG 1994 I,AMPA & MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMEN5MECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: September 6. 1994 TRANSMITTAL DATE: 8/15/94 HEARING DATE: 9/13/94 REQUEST: Preliminary Plat for The Hollows BY: Bond Campbell LOCATION OF PROPERTY OR PROJECT: North of Ustick Road and West of Locust Grove Road -JIM JOHNSON, PLS MERIDIAN, SCHOOL DISTRICT MOE ALIDJANI, P2 MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P2 ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P2 ADA PLANNING ASSOCIATION TIM HEPPER, P2 CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: All laterals and waste ways POLICE DEPARTMENT must be protected. Municipal surface drainage must CITY ATTORNEY be retained on site. If any surface drainage leaves CITY ENGINEER the site, Nampa & Meridian Irrigation District must CITY PLANNER rew drainage plans. It is recommended that irrigation water be made avaievia e to a eve opments within this District. Nampa & Meridian Irrigation District requires that a Land Use ange ite Development application be filed for review prior to final platting. Contact Donna Moore at 343-1884 or 466-7861 for further information. Bill Henson Assistant Water Superintendent Nampa & Meridian Irrigation District /"*N P F -�i �AIPQ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 25 August 1994 OFFICE: Nampa 466-7861 Boise 343-1884 Dean Briggs/Van Elg SHOP: Nampa 466-0663 Briggs Engineering, Inc. Boise 345-2431 1111 South Orchard Boise, ID 83705 RE: Land Use Change Application for The Hollows Dear Dean/Van: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above - referenced development. You were previously sent a complete packet of information concerning Land Use Change, urban irrigation, and exclusion. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Superintendent Bond Campbell & Shelli Caba City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS. City Treasurer GARY 0. SMITH, P.E. City Engineer BRUCE 0. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt.. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney /'� HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW 33 EAST IDAHO as STILES Planner b Zoning Administrator MERIDIAN, IDAHO 83642 JIM JOHNSON . Phone (208) 888-4433 a FAX (208) 887-813 yy.,-.,F V1 y� avyf Chairman - Planning d Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD AUG 2 9 1994 Mayor ti CITY OF MERIDIAN 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, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: September 6, 1994 TRANSMITTAL DATE: 8/15/94 HEARING DATE: 9/13/94 REQUEST: Preliminary Plat for The Hollows BY: Bond Campbell LOCATION OF PROPERTY OR PROJECT: North of Ustick Road and West of Locust 1l�Jtiltl- - --- JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT nrry Arrnn►r�v 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: We require a permanent 10 -foot wide public utilities easement along all lots adjacent to a road right-of-way dedicated to public or private use. lW A.pp.ms Tim Adams i Idaho Power 322-2047 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 St Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: September 6. 1994 TRANSMITTAL DATE: 8/15/94 HEARING DATE: 9/13194 REQUEST: Preliminary Plat for The Hollows BY: Bond Ca bei LOCATION OF PROPERTY OR PROJECT: North of Ustick Road and West of Locust Grove Road JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8, FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & 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: Irf I .irieIiiiiiiiiiiiL AIUGLb 1591. 11 CITY OF MERIDIAN HUB OF TREASURE VALLEY COUNCIL MEMBERS OFFICIALS A Good Place to Live RONALD R. TOLSMA WILLIAM G. BERG. JR., City Clerk /^� �I RIDIAN E MA3EAT D. NGTON ROBERT D. CORRIE JANICE L. LASS. City Treasurer CITY OF MERIDIAN R WALT W. MORROW GARY 0. SMITH. P.E. City Engineer `/ SHARI STILES BRUCE D. STUART, Water Works Suot. 33 EAST IDAHO Planner a Zoning Adn+inestrator JOHN T. SHAWCROFT. Waste Water SuPt. KENNY W. BOWERS. Fire Chief ]MERIDIAN, IDAHO 83642 JIM JOHNSON W.L. "BILL" GORDON. Police Chief Phone (208) 888-4433 a FAX (2018) 8874813 Chairman • Planning & Zoning WAYNE G. CROOKSTON, JR.. Attorney 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 St Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: September 6. 1994 TRANSMITTAL DATE: 8/15/94 HEARING DATE: 9/13194 REQUEST: Preliminary Plat for The Hollows BY: Bond Ca bei LOCATION OF PROPERTY OR PROJECT: North of Ustick Road and West of Locust Grove Road JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8, FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & 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: Irf I .irieIiiiiiiiiiiiL AIUGLb 1591. 11 CITY OF MERIDIAN x e Ksww4'E _ _ i _3aw ------ _ — — � ei R�a !g. J L� ��_ _xu a • 14 ---- t,� ---5 — — —— ". ri— — I — — — � — _ E. at.EEpr •S7REEt a I ra',�ua Ig I, r Ir_-_______- �m Ia =i LI--- ---Jq r---------� z 4 _jw L 2Drr.2—_J-- QQ I s� Q--�*---- N Cir Dz—;�= >I0 IQIs� .I O 'A�Ia o; npa u� g�� - `��S`�--gg1 R=te I • Yle IX -- — �---------w s -- __________ F T f ROpf OI®( aR!•b a 11111111®�'II Iig aWET ��6�F€�F�f��Sg3, m•�aawnr � L N S G B /oN, MERIDIAN CITY COUNCIL MEETING: October 18 1994 APPLICANT: BOND CAMPBELL AGENDA ITEM NUMBER: 13 REQUEST: PUBLIC HEARING: REQUEST FOR VARIANCE FOR THE HOLLOWS AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, POIICe 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) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman - Planning & Zoning TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 11 1994 TRANSMITTAL DATE: 9/26/94 HEARING DATE: 10/18/94 REQUEST: Variance Reguest for The Hollows BY: Bond Campbell LOCATION OF PROPERTY OR PROJECT: North of Ustick Road and West of Locust Grove Road 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 8t 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: .. T�ew^ No, lP qpal9y cc, DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 1994, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party of the first part, hereinafter called the "CITY", and Bond Campbell and Shelli M. Caba, both unmarriederp sons, parties of the second part, hereinafter called the "DEVELOPER", whose address is 1150 East Ustick Road, Meridian, Idaho 83642. WITNESSETH: WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning of land; and WHEREAS, the CITY has passed two development agreement ordinances, one when land is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned, 11-2-417 D; and WHEREAS, the DEVELOPER has submitted an application for annexation and zoning, or an application for rezone, of that certain property described in Exhibit "A", and requested zoning of R-3 and has submitted a subdivision preliminary plat for said property which has been recommended for approval by the Meridian Planning and Zoning Commission; and WHEREAS, the DEVELOPER made some representations at the public hearing before the Meridian Planning and Zoning Commission as to how the land would be developed and what improvements would be made; and WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or rezoning of property; and WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this agreement and acknowledges that this agreement was entered into voluntarily and at its urging and request; and WHEREAS, the DEVELOPER, as sole owner of said land, has made request to the CITY to have the same annexed to said CITY, or rezoned, and has submitted to the CITY a Plat thereof which has been approved for annexation by the CITY and as part of the annexation or rezone the CITY adopted and approved Findings of Fact and Conclusions of Law; and, WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and THE HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 1 n A01%, WHEREAS, the said City Council in the Findings of Fact and Conclusions of Law annexed or rezoned the property subject to de -annexation if the DEVELOPER did not enter into a Development Agreement. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: DEVELOPER agrees, and hereby binds his, its, or their heirs, successors and assigns to this agreement, in consideration for the annexation, rezone, or the non -de -annexation of the area, as follows: 1. That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 2. That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit "A", only construct single-family houses and that all such single-family houses shall have at least 1,500 square feet of floor space, exclusive of garages. 3. That the property zoned R-3, described in "Exhibit A", shall have lot sizes of at least twelve thousand (12,000) square feet, which is the size represented at the City hearings, and shall meet all of the requirements of the R-3 zone and have no duplex units, townhouses, or patio homes constructed on said property. 4. That there shall be no change to increase the number of lots or reduce the size of lots as shown in the preliminary plat submitted with the request for annexation, zoning and preliminary plat approval, which is incorporated herein as if set forth in full herein. 5. That DEVELOPER will, before annexation, or de -annexation, file or cause to be filed with the City Engineer, a complete set of "Subdivision Improvement Plans" showing all streets, utilities, pressurized irrigation facilities, sewer, water, drainage, street and other similar signing and barricades, and other such improvements contemplated within the subdivision, which Plans and all improvements shown thereon shall meet the approval of the City Engineer. The Subdivision Improvement Plan, or Plans supplemental thereto, shall also show the proposed location of pressurized irrigation facilities within or that may affect or be affected by the development. Said Subdivision Improvement Plans are incorporated herein and made a part hereof by reference. 6. That DEVELOPER will, at his or their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs and gutters, pressurized irrigation system, electrical transmission lines, natural gas lines, telephone lines, sidewalks, cross drains, street, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Subdivision Improvement Plans. DEVELOPER shall THE HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 2 also install telephone, electrical power, gas lines, and television as required for the development. 7. That DEVELOPER will construct and install all such improvements in strict accordance with the filed and approved plat and Subdivision Improvement Plans, and the City Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the time the construction of said improvements is accomplished, or as otherwise agreed between the DEVELOPER and the CITY if the standards and specifications are more restrictive and onerous at the time of construction than at the time of execution of this Agreement. 8. That DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of when and of what portion, or portions, of said improvements he intends to complete and the time schedule therefor; and agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the City Engineer. 9. That DEVELOPER will have "corrected" original drawings of the Subdivision Improvement Plans of all said improvements prepared by a Registered Professional Engineer and will provide the CITY with said Plans or a duplicate mylar copy of said Plans. The Subdivision Improvement Pians of the proposed improvements shall be "corrected" to show the actual constructed location (both horizontally and vertically) of the various water and sewer lines, all utility lines, and pressurized irrigation lines and their individual building service lines, the curb and gutter alignment and grades, etc. The "corrected" Subdivision Improvement Plans shall include a "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans of the various improvements are true and correct and that he (the Registered Professional Engineer) has inspected the construction of the various improvements (water lines, sanitary sewer lines, pressurized irrigation lines, gas lines, electricity lines, storm drain lines, curb and gutter, street paving, etc.) and that the materials for and the installation of the same were all done in conformance with the applicable City Standard Engineering Drawings and Standard Engineering Specifications governing the construction of these facilities. 10. That DEVELOPER will, immediately upon the completion of any such constructed portion, portions, or the entirety of said development, notify the City Engineer and request his inspection and written acceptance of such completed improvements. 11. That DEVELOPER agrees, that upon a fording by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion, or portions, or the entirety of said improvements need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the CITY, the DEVELOPER will thereupon, within a reasonable time, construct said needed THE HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 3 n improvements, or, if he does not so construct within a reasonable time after written notification of such Council action, and the CITY thereafter determines to construct, and does construct such improvement, or improvements, the DEVELOPER will pay to the CITY the cost of such construction, in such manner and under such terms as the CITY shall order after conference with the DEVELOPER. Provided, however, the City Council shall not make the finding set forth in this paragraph except at a regular or special meeting of the City Council and unless the DEVELOPER has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be present in person or by counsel, and to be heard on the merits of the proposed finding. 12. That DEVELOPER agrees that upon his, its, or their having received written notification from the City Engineer, that any of the requirements herein specified have not been complied with, that the CITY shall have the right to withhold the issuance of any Certificates of Occupanc-within such annexed area and/or shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed area until such time as all requirements specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its decision shall be final, except that the rights of the parties are preserved at law and equity. 13. DEVELOPER agrees that, in the event any of the improvements required herein are not timely installed, the CITY may, at its sole option, install the improvements and declare the entire cost of said improvements to be immediately due and payable and may seek to collect such sums in the manner provided by law, or may pursue any other remedy set forth herein or as may be available in law or equity. In the event of such declaration, all sums due shall bear interest at the prime interest rate of First Security Bank of Idaho, plus five percent (5 %) per annum, until paid. 14. That DEVELOPER agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement, to secure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, pressurized irrigation system, landscaping and berming, and fencing. In the event of DEVELOPER's failure to complete such installation, the CITY may install such improvements and, without notice, foreclose this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of Idaho; provided further that upon request of the DEVELOPER, the CITY will execute and deliver a partial release of the lien created herein against all or any portion of the subject land, upon completion of that portion of the total improvements THE HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 4 /`1N /'1 installed which relates to the percentage of improvements that have been installed as compared to the total amount of improvements. The CITY further agrees that, upon request of DEVELOPER, the CITY will, by written agreement, subordinate the lien created hereby, to any mortgage, deed of trust, or other security device required to secure the payment of any loan or advance made to DEVELOPER for the sole purpose of financing the construction of improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall first warrant and represent in writing that it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will take reasonable precautions usual and customary to the financing and lending industry to ensure that the loan proceeds or advances will not be used for any other purpose. The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure the installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 15. That DEVELOPER agrees that those portions of the water main or the sanitary sewer line, for which the CITY has expressly agreed to enter into a late comers agreement, if any, for including any water or sewer line extensions, increased line size or capacity, are required because of future service needs originating from properties not owned by DEVELOPER and located within the vicinity of the subject development; that sound planning requires construction thereof at the present time in order to accommodate future expansion and development. In recognition of the cost savings which can be accomplished by construction of such excess capacity and/or improvements concurrently with the facilities to be constructed for DEVELOPER's purposes, and the impracticality or impossibility of constructing such excess capacity and/or improvements separately or at a later time, DEVELOPER agrees to design and construct such facilities subject to the CITY's agreement to enter into a late comers agreement to reimburse DEVELOPER for a portion of the costs of such excess capacity. DEVELOPER agrees to obtain three independent bona fide bids for the performance of such work from qualified and responsible contractors and shall deliver copies of such bids to the CITY prior to the commencement of such work. Such bids shall be solicited and itemized in a manner which allows clear and specific identification of that portion of the construction work for which the CITY may possibly agree to enter into a late comers agreement. The CITY's obligation to enter into a late comers agreement to help DEVELOPER to pay for such costs shall be limited to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER to perform the work. 16. That DEVELOPER agrees that no Certificates of Oco=cy will be issued until all improvements are completed, unless the CITY and the DEVELOPER have THE HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 5 entered into an addendum agreement stating when the improvements will be completed in a phased development; in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 17. That DEVELOPER agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in Exhibit "B" attached hereto and by this reference made a part hereof, and agrees to construct a perimeter fence around the entire parcel prior to any construction, except where roadways and streets for access are located and except where the CITY has agreed that such fencing is not necessary. 18. That DEVELOPER agrees that any notice required by this Agreement shall be given at the following address: CITY of Meridian: DEVELOPER: City Engineer Bond Campbell & Shelli Caba City of Meridian 1150 E. Ustick Road 33 East Idaho Meridian. ID 83642 Meridian, ID 83642 19. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 20. All covenants and conditions set forth herein shall be appurtenant to and run with the land and shall be binding upon DEVELOPER's heirs, successors or assigns. 21. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 22. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the CITY of Meridian. THE HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 6 n ^ DATED the date, month and year first appearing. DEVELOPER: BOND CAMPBE L AND SHELLI M CABA :A By CITY OF MERIDIAN By Grant P. Kingsford, Mayor By William G. Berg, Jr., City Clerk THE HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 7 STATE OF IDAHO ) ss. County of Ada On this day of , 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared Bond Campbell and Shelli M. Caba, both unmarried M-rsQns, known to me to be the persons who executed the within instrument, and acknowledged to me that they 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 Idaho Residing at: My Commission Expires: On this day of , 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared GRANT P. KINGSFORD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: THE HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 8 EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND BOND CAMPBELL AND SHELLI M ABA This subdivision is for 12 single-family dwelling units with an overall density of 2.01 dwelling units per acre. The DEVELOPER shall: 1. Tile all ditches, canals and waterways in accordance with City of Meridian and Nampa - Meridian Irrigation District standards, including those that are property boundaries or only partially located on the property, and submit appropriate approvals from the Nampa - Meridian Irrigation District. 2. Extend and construct water and sewer line extensions to and through the property and connect to Meridian water and sewer lines. 3. Construct streets to and within the property to City of Meridian and Ada County Highway District Standards. 4. Dedicate the necessary land from the centerline of Ustick Road for public right-of-way. 5. Pay any development fee or transfer fee adopted by the CITY. 6. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the CITY. 7. Provide twenty -foot (20') landscape berm along Ustick Road and minimum fifteen -foot (15') berms around the remainder of the property. The landscaped berm along Ustick Road shall be provided and maintained by the Homeowners Association. 8. Furnish and install pressurized irrigation to all lots within this subdivision. Evidence of approvals from appropriate irrigation district/canal company and downstream water users must be submitted to the City. 9. Provide perimeter fencing prior to beginning construction. 10. Provide five-foot (5') sidewalk along Ustick Road and throughout subdivision; bike lane is to be incorporated in Ustick Road right-of-way. 11. Preserve existing trees on the property. EXHIBIT "B" THE HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 1 of 1 ORDINANCE NO. t 0'71 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE SW 1/4 OF THE SE 1/4 OF SECTION 31, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: A parcel of land located in the SW 1/4 of the SE 1/4 of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southeast corner of Section 31, T.4N., R.1E. , B.M. , Idaho, thence S 89°58'42" W 1,324.63 feet to the east 1/16 corner for Sections 31 and 6, the Real Point of Beginning of this description; Thence N 0022135" E 714.94 feet to a point; Thence S 89058'42" W 365.99 feet to a point; Thence S 0000'00" W 714.93 feet to a point on the south line of said Section 31; Thence along said south line N 89058142" E 361.29 feet to the Real Point of Beginning of this description. is hereby annexed to the City of Meridian, and shall be zoned R-3 Residential; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning. ANNEXATION ORDINANCE - BOND CAMPBELL/THE HOLLOWS Page 1 n Section 2. That the property shall be subject to de - annexation if the owner shall not meet the following requirements: a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. C. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L of the Revised and Compiled Ordinances of the City of Meridian and other matters. d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, 11-9-605 M. which pertains to the tiling of ditches and waterways, and 11-9-606 B 14. which pertains to pressurized irrigation. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. Section 3. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this day of September, 1994. ANNEXATION ORDINANCE - BOND CAMPBELL/THE HOLLOWS Page 2 APPROVED: MAYOR -- GRANT P. KINGSFORD ATTEST: WILLIAM G. BERG, JR. -- CITY CLERK STATE OF IDAHO,) : ss. County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE SW 1/4 OF THE SE 1/4 OF SECTION 31, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE."; passed as Ordinance No. , by the City Council and Mayor of the City of Meridian, on the day of September, 1994, as the same appears in my office. DATED this day of September, 1994. City Clerk, City of Meridian Ada County, Idaho ANNEXATION ORDINANCE - BOND CAMPBELL/THE HOLLOWS Page 3 STATE OF IDAHO,) ss. County of Ada, ) On this day of June, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SEAL Notary Public for Idaho Residing at Meridian, Idaho My Commission Expires ANNEXATION ORDINANCE - BOND CAMPBELL/THE HOLLOWS Page 4 /0—N, e* -1141 MERIDIAN PLANNING & ZONING COMMISSION MEETING: September 13 1994 APPLICANT: BOND CAMPBELL AGENDA ITEM NUMBER: 4 REQUEST:.. REQUEST FOR PRELIMINARY PLAT FOR THE HOLLOWS AGENCY COMMENTS CITY CLERK: CITY ENGINEER: COMMENTS FORTHCOMING CITY PLANNING DIRECTOR: COMMENTS FORTHCOMING CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: SEE ATTACHED COMMENTS US WEST: SEE ATTACHED COMMENTS INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: SUBJECT: Preliminary Plat for The Hollows Subdivision 1. Indicate centerline of Ustick Road and add dimension from centerline to property line and proposed right-of-way. 2. Perimeter fencing is required prior to construction. 3. A development agreement is required as a condition of annexation. HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., City Clerk A Good Place to Live COUNCIL MEMBERS JA L. GASH, City Treasurer RONALD R. TOLSMA GARYRY D D. SMITH, P.E. City Engineer CITY OF MERIDIAN MAX GTON ROBERTRT D. D. CORRIE BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. WALT W. MORROW 33 EAST IDAHO KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief SHARI STILES MERIDIAN IDAHO 83642 �a � IIT►�J�." er & ZoninC�a:3.r g Administrator WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON Public Works/Building Department (208) 887-2211Chairman - Planning & Zoning SEP 12 94 iS MEMORANDUM GRANT P. KINGSFORD Mayor 01"I i 1"Ii vi-, WI;AiLlr AN TO: Planning & Zonin C' sion, Mayor and Council // FROM: .f-���-)'fs Suri L. Steles, Pi & Zoning Administrator DATE: September 12, 1994 SUBJECT: Preliminary Plat for The Hollows Subdivision 1. Indicate centerline of Ustick Road and add dimension from centerline to property line and proposed right-of-way. 2. Perimeter fencing is required prior to construction. 3. A development agreement is required as a condition of annexation. OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON. Police Chief WAYNE G. CROOKSTON. JR., Attorney MEMORANDUM: IUB OF TREASURE VALLEY n A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 a FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor To; Mayor, City Council, Planning & Zoning From; Bruce Freckleton, Assistant to City Engineer Re; THE HOLLOWS SUBDIVISION (Preliminary Plat) COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman • Planning & Zoning September 8, 1994 I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the applicant during the hearing process: 1. Reference elevations and contours shown on the Preliminary Plat map to an established benchmark, 2. Determine the seasonal high ground water elevation, and profile the sub -surface soil conditions. 3. Water service to this development could be by applicants extension of the 12 inch diameter main line in E. Ustick Road, at the NW corner of the "Howell Tract Subdivision". Water service is contingent upon positive results from our hydraulic analysis by our computer model. 4. Sewer service for this size of parcel could be into the South Slough Trunk by the applicant, assuming ground elevations will so allow. 5. Any existing irrigation ditches crossing the property to be included in this platting, shall be tiled per City Ordinance. Plans will need to be approved by the Nampa & Meridian Irrigation District. 6. Submit the proposed restrictive covenants and/or deed restrictions. 7. Submit letter from the Ada County Street Name Committee, approving the subdivision name and street names. 8. Submit a master street grading and drainage plan including method of disposal & approval from the affected drainage district. C:\WPWIN60\GENERAL\HOLLOWS. P&Z 9. Please indicate any existing FEMA Flood Plain Boundaries on the Preliminary Plat map and/or any plans to reduce said boundaries. 10. Coordinate the fire hydrant placement with the City of Meridian's Water Works Superintendent. 11. A 250 Watt High Pressure Sodium Street Light will be required at the subdivision's entrance off S. Locust Grove Rd. 12. Existing domestic wells and/or septic systems within this subdivision will have to be removed from their domestic service per City Ordinance. Wells may be used for non domestic purposes such as landscape irrigation. 13. Submit information detailing the traffic impact on existing or adjacent roadways & intersections. 14. Submit a statement of any dedications to the public and/or easements, state their locations, dimensions and purpose of such. 15. The cul-de-sac exceeds the allowable length per City Ordinance. The narrative submitted with this application states that a Variance application will be submitted by Aug. 29, 1994. 16. Please dimension the existing and proposed R -O -W widths of E. Ustick Road. C:\WPWIN60\GENERAL\HOLLOWS.P&Z :T�6K An / ORDINANCE NO. 1 4 1 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE SW 1/4 OF THE SE 1/4 OF SECTION 31, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: A parcel of land located in the SW 1/4 of the SE 1/4 of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southeast corner of Section 31, TAN., R.1E., B.M., Idaho, thence S 89°58,42" W 1,324.63 feet to the east 1/16 corner for Sections 31 and 6, the Real Point of Beginning of this description; Thence N 0022135" E 714.94 feet to a point; Thence S 89058,42" W 365.99 feet to a point; Thence S 0°00100" W 714.93 feet to a point on the south line of said Section 31; Thence along said south line N 89°58142" E 361.29 feet to the Real Point of Beginning of this description. is hereby annexed to the City of Meridian, and shall be zoned R-3 Residential; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning. ANNEXATION ORDINANCE - BOND CAMPBELL/THE HOLLOWS Page 1 n n Section 2. That the property shall be subject to de - annexation if the owner shall not meet the following requirements: a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. C. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L of the Revised and Compiled Ordinances of the City of Meridian and other matters. d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, 11-9-605 M. which pertains to the tiling of ditches and waterways, and 11-9-606 B 14. which pertains to pressurized irrigation. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. Section 3. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this day of September, 1994. ANNEXATION ORDINANCE - BOND CAMPBELL/THE HOLLOWS Page 2 /-1s, APPROVED: MAYOR -- GRANT P. KINGSFORD ATTEST: WILLIAM G. BERG, JR. -- CITY CLERK STATE OF IDAHO,) . ss. County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE SW 1/4 OF THE SE 1/4 OF SECTION 31, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE."; passed as Ordinance No. , by the City Council and Mayor of the City of Meridian, on the day of September, 1994, as the same appears in my office. DATED this day of September, 1994. City Clerk, City of Meridian Ada County, Idaho ANNEXATION ORDINANCE - BOND CAMPBELL/THE HOLLOWS Page 3 STATE OF IDAHO,) . ss. County of Ada, ) On this day of June, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SEAL Notary Public for Idaho Residing at Meridian, Idaho My Commission Expires ANNEXATION ORDINANCE - BOND CAMPBELL/THE HOLLOWS Page 4 k OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney n n HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888.4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALTW.MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman - Planning & Zoning TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: September 6, 1994 TRANSMITTAL DATE: 8/15/94 HEARING DATE: 9/13/94 REQUEST: Preliminary Plat for The Hollows BY: Bond Camabell LOCATION OF PROPERTY OR PROJECT: North of Ustick Road and West of Locust Grove Road JIM JOHNSON, P2 MOE AUDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C _MAX YERRINGTON, C/C WATER DEPARTMENT _SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & 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: Dwwot hea.6 QoW �Na:,INEER/�yG BRIGGS INC. August 3, 1994 City of Meridian c/o Shari Stiles, Zoning Administrator 33 Idaho Street Meridian, Idaho 83642 Re: The Hollows Subdivision Dear Shari: Thank you for taking the time to discuss this application with our client Bond Campbell. Bond has instructed Briggs Engineering to design this 12 lot subdivision using the size and dimensional standards of the R-3 Zone. The property is currently in the process of being annexed and rezoned --potentially with an R-3 or R-4 zoning designation. The R-4 zone provides for a maximum density of four dwelling units per acre, while the R-3 zone provides for a maximum density of three dwelling units per acre. This proposed "R-3 type" development fills a need in the area by offering a refreshing lot size alternative without maximizing the base zone density of either the R-3 or the R-4 zone. The gross density of this preliminary plat is approximately two residential dwelling units per acre --which is allowed by both the R-3 and R-4 zones. The proposed density is well within the standards of all applicable plans and ordinances. In addition, the lots in this development are designed to comply with the size and dimensional standards of the R-3 zone (however, please note that they also comply with the standards of the R-4 zone). Each component of this development should comply with the applicable requirements of the appropriate public agencies and the City of Meridian (i.e. easements, street names, street design, and the construction of streets, curbs, gutters, sidewalks, and connection to city services); however, the owner is aware of the need to submit and obtain a variance for Cul -De -Sac length (see City Code §9-605-B6). The variance application will be submitted so that it can be reviewed, along with the preliminary plat, by the City Council. The proposed public street dedication (including Cul -De -Sac and stub street location) has already been reviewed with ACHD. It should also be pointed out that the combined Cul -De -Sac and stub street should 940505 1111 S. Orchard, Suite 600 * Boise, Idaho 83705 • (208) 344-9700 Fax# (208) 345-2950 BRIGGS ENGINEERING, INC. 1111 S. Orchard, Suite 600 • Boise, Idaho 83705 • (208) 345-2881 FAX # (208) 345-2950 provide ample space for the potential turning movements of emergency vehicles. In addition, the stub street provides a potential point of secondary access for this narrow parcel and for any development that is likely to occur on the property to the east (Hepper). Shari, it is our understanding that it is acceptable to submit the preliminary plat and variance applications at this time because the public hearings will actually occur after the annexation and rezone (final readings are scheduled for September 6, 1994). As you suggested, we will submit the variance application by August 29, 1994. We also understand that this preliminary plat application will be presented at the September 12, 1994 Planning and Zoning Commission meeting. This schedule will bring both applications before the City Council on September 20, 1994. Please notify Briggs Engineering immediately if you have any questions or if you require any additional information. Shari, thank you again for your assistance! Sinc elv. BRI S Van Elg Planner 940505 Inc. 2 n REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P.M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION Name of Annexation and Subdivision, The Hollows 2. General Location, Portion of SE 1/4 Section 31 TAN., R 1 E 3. Owners of record, Campbell Contractors Inc Address, 1626 S Orchard Boise Idaho , Zip 83705 Telephone 890-5416 4. Applicant, Bond Campbell & Shelli Caba Address, 1150 E. Ustick Road Meridian, Idaho 83642 5. Engineer, Dean Briggs/Van Ela Firm Briggs Engineering, Inc Address 1111 S. Orchard Boise Idaho Zip 83705 Telephone 345-2881 6. Name and address to receive City billings: Name Bond Campbell & Shelli Caba Address 1150E Ustick Rd Meridian Idaho 83642 Telephone -80-5416 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres 5.968 2. Number of lots 12 3. Lots per acre 2.01 4. Density per acre .497 940505 (1) n 5. Zoning Classification(s) R-4 - However, the proposal will try to conform with R-3 zoning classification. 6. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification_ R-3 or R-4 Zoning 7. Does the plat border a potential green belt No 8. Have recreational easements been provided for No 9. Are there proposed recreational amenities to the City No Explain 10. Are there proposed dedications of common areas? No Explain For future parks? No Explain 11. What school(s) service the area Pioneer Elementary Meridian Middle School Meridian High School, do you propose any agreements for future school sites No Explain 12. Other proposed amenities to the City 13 14 15 Fire Department Other utilize city services - location identified on prelimin Water Supply Explain Development will Type of Building (Residential, Commercial, Industrial or combination) Residential Type of Dwelling(s) Single Family, Duplexes, Multiplexes, other Single-Familv Proposed Development features: a. Minimum square footage of lot(s), 12.873 S.F. b. Minimum square footage of structure(s), 1.500 S.F. (Min. C. Are garages provided for, Yes square footage 400 S.F. (Min.) d. Are other coverings provided for May be some covered patios e. Landscaping has been provided for Yes , Describe Owner/developer may berm and fence north south and western -ro e�tr y lines f. Trees will be provided for by individual lot owners, trees will be maintained by individual lot owners. 940505 (2) n g. Sprinkler systems are provided for Main lines by developer and individual lot sems by lot owners h. Are there multiple units Yes , Type Single family re ence Remarks Meetina standards of R-3 zoning Are there special set back requirements No Explain j. Has off street parking been provided for Yes Explain Two car garages as required by Code k. Value range of property N/A I. Type of financing for development Conventional M. Protective covenants will be submitted with final plat 16. Does the proposal land lock other property No Does it create Enclaves No STATEMENTS OF COMPLIANCE: Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. 940505 (3) n 0VO(Y -70 V-7 V7 ik r. Ln -71 ONIM Q v Q � I j CVO& ail OLIO 15/?00 7 � 0 �01�n� odo& NV1611&2w 77 _U I • � r A N N o/� '>� A N A � -;4 / Ul � p _"",.'_"'� CUR T p/PrLE =cj,)j cm _ N a Ln = ,� a C N � ow W W i • � r A N N .. '>� S � p cm _ N a N = ,� a N � ow W W w V N i Q N' W in • y, V N N m a W p m r N 3A1r•MMd3INS 'N m - � ti • p 1 W _N. � . O' 0 w u • a s v xa i MC A." AWIN< N a L 0 Cu S T 1010» nr Lw .sw rr ww e • c ..w>...•..�•.• aw Mri ar nol►Oss xo�n�aens S .. SAOTIOe xxz � � fill Illi�� "' i I�IIIII�I s� oast. f a a •d t +g: • !� a ylo�ll�. `J oil 5=d�<� ` 1 �r FtJ i nY� ie� i i S N ti • igd Arl ------------ i � 1 j ' e I 1-� DESCRIPTION FOR BOND CAMPBELL August 1, 1994 AII1 A parcel of land located in the SW 1/4 of the SE 1/4 of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southeast corner of Section 31, T.4N., R.1 E., B. M., Idaho, thence S 89°58'42" W 1,324.63 feet to the east 1/16 corner for Sections 31 and 6, the Real Point of Beginning of this description; Thence N 0°22'35" E 714.94 feet to a point; Thence S 89°58'42" W 365.99 feet to a point; Thence S 0°00'00" W 714.93 feet to a point on the south line of said Section 31; Thence along said south line N 89058'42" E 361.29 feet to the Real Point of Beginning of this description. Said parcel contains 5.968 acres, including right-of-way, more or less. Michael E. Marks, L.S. - No. 4998 940505 PIONEER TITLE COMPANY OF ADA COUNTY 821 West State Street i Boise. Idaho 83702 (208) 336.6700 888 North Cole Road / Boise, Idaho 83704 (208) 377-2700 94014287 16179000989 t'.'...:. "CORIJER J. UAY:' ::: J% ;R0 BOISE IU PIONEER '99 FEB 1 P(9 '' FEE _I W G.. RECOItUEU .,i ,:.'_ XL VEST OF PSPACE ABOVE FOR RECORDING DATA ���34> ?�1S14S!bl�liAi t14A4 >lJS�1S t1S10ilOs ?;14 'X1114?34AS> ?44�i1�' 1A� L?Cd?Gig.( WA;U?LL?u4Wam?ut!G4di "LSI ` QUITCLAIM DEED '= "s FOR VALUE RECEIVED BOND C. CAMPBELL and SHELLI M. CASA, both unmarried persons at all times since acquiring title, a' do hereby conyey, release, remise and forever quitclaim^ unto CAMPBELL CONTRACTORS, INC., an Idaho Corporation, {_ whose address is: 1626 S. Orchard, Boise, ID 83705 the following described premises, to wit: See attached "Exhibit A", which by this reference becomes a part hereof, and Which is comprised of one (1) page. together with their appurtenants. Dated: February 15, 1994 -�t STATE OF , IDAHO County of Arl n - 1 . ;this 15th day of February _, in the year of 122A—. before me :Sa notary public, {^ personally appeared. td n Zy subscribed to the within known or idegtiGed to me be the persons) whose names) rz strument.kuld ac'Iew vledgq to me• that t hey executed the same. �� `► , vrt Notary Public: �y Residing at: iSoi4c. I.12 My CommkWon Expires: 3/25/97 /'*N " EXIII13IT A " 167.90009`3U FROM THE COMMON CORNER OF SECTIONS 5 AND 6, TOWNSHIP 3 NORTH, RANGE 1 EAST, AND SECTION 31 AND 32, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, A DISTANCE OF 1320 FEET ON A BEARING OF SOUTH 89 DEGREES 58'07' WEST TO THE PLACE OF BEGINNING, THENCESOUTH 89 DEGREES 58'07' WEST A DISTANCE OF 610 FEET, THENCENORTH A DISTANCE OF 715 FEET, THENCENORTH 89 DEGREES 58'07' EAST A DISTANCE OF 610 FEET, THENCESOUTH A DISTANCE OF 715 FEET TO THE PLACE OF BEGINNING. EXCLUDING THEREFROM A PARCEL PREVIOUSLY CONVEYED TO COPE DRILLING COMPANY, BY A WARRANTY DEED RECORDED JANUARY 20, 1971, IN THE OFFICE OF THE ADA COUNTY RECORDER, WHICH IS DESCRIBED AS FOLLOWS: FROM THE COMMON 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 1686 FEET ON A BEARING OF SOUTH 89 DEGREES 58'07' WEST TO THE PLACE OF BEGINNING, THENCESOUTH 89 DEGREES 58'07' WEST A DISTANCE OF 244 FEET, THENCENORTH A DISTANCE OF 715 FEET, THENCE NORTH 89 DEGREES 58'07' EAST A DISTANCE OF 244 FEET, THENCESOUTH A DISTANCE OF 715 FEET TO THE PLACE OF BEGINNING. ALSO EXCEPT A PORTION OF A PARCEL OF GROUND PREVIOUSLY CONVEYED TO COPE DRIWNG COMPANY, BY A WARRANTY DEED RECORDED JANUARY 20. 1971, IN THE OFFICE OF THE ADA COUNTY RECORDER. AND ALSO REFERRED TO IN INSTRUMENT NO. 8807270, RECORDS OF ADA COUNTY, IDAHO, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE COMMON CORNER OF SECTIONS 5 AND 6, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, AND SECTIONS 31 AND 32, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AND PROCEEDING A RECORDED DISTANCE OF 1,320 FEET ON A BEARING OF SOUTH 89 DEGREES 58'07' WEST TO THE POINT OF BEGINNING, THENCE CONTINUING SOUTH 89 DEGREES 58'07* WEST A DISTANCE OF 210 FEET TO A POINT, THENCE NORTH A DISTANCE OF 208 FEET TO A POINT, THENCE SOUTH 89 DEGREES 58'07' EAST A DISTANCE OF 210 FEET TO A POINT, THENCE SOUTH A DISTANCE OF 208 FEET TO THE POINT OF BEGINNING. ALSO EXCEPT THEREFROM ROAD RIGHT OF WAY FOR USTICK ROAD. END OF LEGAL DESCRIPTION MERIDIAN CITY COUNCIL MEETING: August 16 1994 APPLICANT: BOND CAMPBELL AGENDA ITEM NUMBER: 18 REQUEST: PUBLIC HEARING• REQUEST FOR ANNEXATION AND ZONING FOR THE HOLLOWS AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT ANDCONCLUSIONS OF LAW "REVIEWED" - SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS /'N /-"� CAMPBELL CONTRACTORS, INC. 1626 S. Orchard Boise, Idaho 83705 August 4, 1994 Attn: Shari Stiles Zoning Administrator City of Meridian 33 Idaho Street Meridian, Idaho 83642 RE: The Hollows Subdivision Dear Shari: RECEIVED AUG 0 4 1994 CITY OF iWLhibiAN Bond G. Campbell (208)344-9898 Please let me take a moment to explain the circumstances regarding my request for a change in the zoning of "The Hollows" subdivision. Upon the start of this project I submitted my application for annexation and zoning as a R4 zone. My intent has always been to provide myself with some large lots to build houses on, as I am primarily a builder. At the public hearing a comment was made that my proposal was such that I should request a R-3 zone. Considering the fact that this project is adjacent to my home, and I wish to build nicer homes in this subdivision ranging in price from $140,000 to $200,00, I have realized in fact I would like to change my original request from R4 to R-3. In addition, I have designed my subdivision around the R-3 criteria, maintaining a minimum 90' frontage and 12,000 square foot lot size. This is reflected in my request for preliminary plat. Will you please assist me in administering this change to my zoning of The Hollows subdivision. Very Truly Yours, BOND G. CAMPBELL OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM n HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor To: Mayor, City Council, Planning & Zoning From: Gary D. Smith, PE , 114 RE: THE HOLLOWS (Campbell/ Caba) (Annexation & Zoning) COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman - Planning & Zoning June 13, 1994 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: The proposed 5 acre parcel has an approximate 100 foot contiguity to the city limit line established by the annexation of Rock Creek Subdivision. 2. The annexation legal description needs to be written describing the property boundary including the adjacent one half width of Ustick Road. 3. Water service could be provided by applicant extensions of the 12 inch diameter main line in Ustick Road located at the northwest corner of the Howell Tract Subdivision. 4. Sewer service for this size parcel could be into the South Slough Trunk by the applicant assuming ground elevations will so allow. OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART. Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman - Planning & Zoning TO: Planning & Zoning omm_ issi n, Mayor and Council fS FROM: Shari ti es, alining ming Administrator DATE: June 9, 1994 SUBJECT: Request for Annexation & Zoning of R-4 by Bond Campbell and Shelli Caba The request for R-4 complies with the City of Meridian Comprehensive Plan. No development proposal has been received at this time. A development agreement would be necessary prior to annexation of the proposed parcel addressing landscaping, tiling of ditches, pedestrian walkways, and other City requirements. Applicant must work with Public Works Department staff to ensure the property can be served by sewer and water in the near future. noo /'\ BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION BOND CAMPBELL AND SHELLI CABA ANNEXATION ANO ZONING NORTH OF USTICK AND WEST.LOCUST GROVE ROAD MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on June 14, 1994, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Commission having heard and taken oral and written testimony and the Applicant, Bond Campbell, appearing, 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 June 14, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 14, 1994, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations. 2. That the property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; that the property to be developed FINDINGS OF FACT & CONCLUSIONS OF LAW/THE HOLLOWS Page - 1 is a 6 1/4 acre parcel; it is located at 1150 E. Ustick Rd. which is north of Ustick, 1/4 mile west of Locust Grove and currently adjacent to Rock Creek Subdivision;.the development would include 9 lots. 3. That the property is presently zoned by the County RT (Rural Transition); that the Applicant has requested that the property be zoned R-4 Residential and stated that the use proposed would be for R-4 Residential development. 4. The present land use has one single family residential home and the remainder of the property surrounding the single family residence is used for agricultural purposes; that the Applicant's application for annexation and zoning stated that they have approximately 6 1/4 acres to develop with 9 lots, the smallest lot being 10,000 square feet and the largest being 15,000 square feet; at the hearing, Applicant stated the smallest lot was 11,400 square feet and largest being 20,000 square feet; that Applicant intends to fence the entire parcel of property. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant's are the owner's of record of the property, and have requested the annexation. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 8. That the entire parcel of ground requested to be annexed is presently included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian FINDINGS OF FACT & CONCLUSIONS OF LAW/THE HOLLOWS Page - 2 /"*1N, /'"N Comprehensive Plan. 9. That there was no testimony at the hearing other than the Applicant's. 10. The Department of Health,.the Nampa Meridian Irrigation District, City Engineer, City Police Department, Nampa & Meridian Irrigation District, Meridian School District, Police Department and City Fire Department did submit comments and such are incorporated herein as if set forth in full. 11. The City Engineer, Gary Smith, commented that a legal description needs to be written describing the property boundary including the adjacent one half width of Ustick Road; that the proposed 5 acre parcel has an approximate 100 foot contiguity to the city limit line established by the annexation of Rock Creek Subdivision; that water and sewer could be provided by extensions of the 12 inch diameter main line in Ustick Road at the northwest corner of the Howell Tract Subdivision. 12. That the Planning Director submitted a comment that a development agreement was required as a condition of annexation and that Applicant must work with Public Works Department staff to ensure the property can be served by sewer and water in the near future. 13. The Meridian School District's comment on this annexation request was that the planned development will accelerate the need for additional classrooms and/or to adjust school attendance boundaries; that Meridian Schools do not have excess capacity and nearly every school in the district is beyond capacity. FINDINGS OF FACT & CONCLUSIONS OF LAW/THE HOLLOWS Page - 3 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 R-4, Residential District is described in the Zoning Ordinance, 11-2-408 B. 3 as follows: (R-4) LOW DENSITY RESIDENTIAL DISTRICT: The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan or the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non- residential uses. The (R-4) District allows for a maximum of four ( 4 ) dwellings units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian."; that the R-4 zoning district requires a minimum of 1,400 square feet to be included in houses in that zone. 18. 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." 19. That the Meridian Comprehensive Plan, under Land Use, FINDINGS OF FACT & CONCLUSIONS OF LAW/THE HOLLOWS Page - 4 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 . 20. 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." 21. 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." "1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged." 22. 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. 23. 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 FINDINGS OF FACT & CONCLUSIONS OF LAW/THE HOLLOWS Page - 5 the city and designated in an approved development agreement; that such comment is equally applicable to this Application. 24. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Acty which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students. 25. That pursuant to the instruction, guidance, and direction 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 FINDINGS OF FACT & CONCLUSIONS OF LAW/THE HOLLOWS Page - 6 /'1N in the City because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 26. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (101) wide." 27. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required' to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (201) wide, and shall not be a part of the normal street right of way or utility easement." 28. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 29. That Section 11-9-605 K states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi - 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; FINDINGS OF FACT & CONCLUSIONS OF LAW/THE HOLLOWS Page - 7 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." . 30. That Section 11-9-605 L states as follows: Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Planning and Zoning Commission shall consider the Bicycle -Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 31. That 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 by the provisions contained in Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the FINDINGS OF FACT & CONCLUSIONS OF LAW/THE HOLLOWS Page - 8 Meridian City Ordinances, the Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant with the consent of the titled owners 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 City 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 FINDINGS OF FACT & CONCLUSIONS OF LAW/THE HOLLOWS Page - 9 property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G., H 21 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. The development agreement shall also address the landscaping along Ten Mile Road and Ustick Road, and maintenance thereof, by a mandatory home owners association rather than the individual lot owners. The Covenants, Conditions and Restrictions shall require the mandatory homeowners association as a condition of annexation. 10. That the Applicant's property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. FINDINGS OF FACT & CONCLUSIONS OF LAW/THE HOLLOWS Page - 10 11. That the requirements of the Meridian City Engineer, Meridian Fire Department, U. S. West, and the comments of the Meridian Planning Director and City Engineer and these Findings and Conclusion shall be met and addressed in a development Agreement. 12. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de -annexation; that the Applicant shall be required to install a pressurized irrigation system,, and if not so done the property shall be subject to de -annexation; the Applicant shall also determine the highest sesasonal ground water level and report that to the City Engineer. 13. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance. 14. That proper and adequate access to the property is available and will have to be maintained; that the house size of 1,400 square feet must be met; that the minimum lot size shall be 11,400 square feet as represented by the Applicant. 15. That these conditions shall run with the land and bind the applicant, the titled owners, and their assigns. 16. With compliance of the conditions contained herein, the annexation and zoning of R-4 Residential would be in the best interest of the City of Meridian. 17. That if these conditions of approval are net met the FINDINGS OF FACT & CONCLUSIONS OF LAW/THE HOLLOWS Page - 11 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 ALIDJANI VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as stated above for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that if the conditions are not met that the property not be annexed, or if the property has been annexed that it be de -annexed. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT & CONCLUSIONS OF LAW/THE HOLLOWS Page - 12 OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART. Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON. JR., Attorney /'1 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES �VEs'�R -Planner Zoning Administrator �'�I .A`.'` JIM JOHNSON Chairman - Planning & Zoning iM ^,Y 2 5 191917, CITY OF MERIDIAN 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: June 7. 1994 TRANSMITTAL DATE: 5/24/94 HEARING DATE: 6/14/94 REQUEST: Annexation/zoning for The Hollows BY: Bond Campbell and Shelli Caba LOCATION OF PROPERTY OR PROJECT: Ustick Road and Locust Grove Road -1150 East Ustick Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER 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(PRELIMA FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF REC TION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: 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: June 7. 1994 TRANSMITTAL DATE: 5/24/94 HEARING DATE: 6/14/94 REQUEST: Annexation/zoning for The Hollows BY: Bond Campbell and Shelli Caba LOCATION OF PROPERTY OR PROJECT: Ustick Road and Locust Grove Road -1150 East Ustick Road JIM JOHNSON, P/Z MbE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C _BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT —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: S'o, -7— 9 YOUR CONCISE REMARKS: A 17,-n P)1.9 . I..-,: *k fi , N /7AJAJ.aXA -/;a.✓, HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA WILLIAM G. BERG. JR., City Clerk JA MITH, CITY OF MERIDIAN MAX YERRINGTON - . GARY D. P E. City Engineer GARY D. SMITH, P.E. City Engineer E� � 3 � �L �-_• k -` ��T WiMORROLN BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST ID �IriO �/[ SHARI STILES KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHID83642 l iAy lan�} onmg Administrator i�,., W.L. "BILL" GORDON, Police Chief l P` •• r JI JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAXr,08) 887-4813 i a j i+'� php7f?n Flanging d Zon nc: Public Works/Building Depawlaent (208) 887-2211 GRANT P. KIN 8FORD 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: June 7. 1994 TRANSMITTAL DATE: 5/24/94 HEARING DATE: 6/14/94 REQUEST: Annexation/zoning for The Hollows BY: Bond Campbell and Shelli Caba LOCATION OF PROPERTY OR PROJECT: Ustick Road and Locust Grove Road -1150 East Ustick Road JIM JOHNSON, P/Z MbE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C _BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT —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: S'o, -7— 9 YOUR CONCISE REMARKS: A 17,-n P)1.9 . I..-,: *k fi , N /7AJAJ.aXA -/;a.✓, n UN -2139., CITY OF MERIDIAN 10�', PERINTENDENT OF SCHOOLS Bob L. Haley DEPUTY SUPERINTENDENT Dan Mabe, Finance & Administration DIRECTORS Sheryl Belknap, Elementary Jim Carberry, Secondary Christine Donnell, Personnel Doug Rutan, Special Services JOINT SCHOOL DISTRICT NO.2 911 MERIDIAN STREET • MERIDIAN, IDAHO 83642 • PHONE(208)888-6701 May 26, 1994 City of Meridian 33 East Idaho Street Meridian, Idaho 83642 RE: Annexation & Zoning with a preliminary plat of The Hollows Subdivision Dear Councilmen: I have reviewed the request submitted for annexation and zoning of The Hollows Subdivision. This planned development will accelerate the need for Joint School District No. 2 to construct additional classrooms and/or to adjust school attendance boundaries. Meridian School do not have excess capacity. Nearly every school in the district is beyond capacity. The Meridian School District supports economic growth for Idaho and Specifically the district's area, but such growth produces a need for additional school construction. We ask your support for a development fee statute on new home construction or a real estate transfer fee to help offset the costs of building additional school facilities. If this support is lacking then we ask that additional residential development be denied. Sincerely, PPJ � �d-4,- Dan Mabe, Deputy Superintendent DM: gr C �J U 14 17 1994 CITY OF MERIDIAN _ENN - -HODES, Pres:aent HERBY R. ;TUBER, Vice r:resiaent -.MES E. 3RUCE, Sec etary June 15, 1994 TO: BOND CAMPELL & SHELL CABA 1150 E. USTICK ROAD MERIDIAN ID 83642 FROM: Larry e, sor Devel en SUBJECT: MERIDIAN ANNEXATION USTICK W/O -LOCUST GROVE THE HOLLOWS Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on June 15, 1994. The attached staff report lists the conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. LS cc: Development Services Chron DEAN BRIGGS MERIDIAN CITY HALL ada county highway district 318 East 37th - Boise, Idaho 83714 - Phone (208) 345-7680 _EtiN J <HODES, Presicent -ERR'1 R. HUBER, Vice President MMES E. BRUCE, Secretary INTER -DEPARTMENT CORRESPONDENCE HOLLOWS/DSTECH 6-15-94 TO: ACHD Commission DATE: June 9, 1994 FROM: Development Services SUBJECT: Meridian Annexation Ustick w/o Locust Grove The Hollows Zone Change RT to R-4 (Applicant - Bond Campell & Shelli Caba, 1150 E. Ustick, Meridian, ID 83642) (Representative - Dean Briggs, 1111 S. Orchard Boise, ID, 83705) FACTS & FINDINGS: 1. Bond Campell and Shelli Caba are requesting annexation into the City of Meridian for 6.2 -acre of property located on the north side of Ustick Road approximately 1300 -feet east of Meridian Road. The subsequent zoning change would be from RT to R-4. 2. GENERAL INFORMATION: ACRES - 6.2 ZONING - Residential - R-4 TRAFFIC ANALYSIS ZONE - 255 L.F. OF FRONTAGE ON Ustick Road - 362 -feet MOST RECENT TRAFFIC COUNTS - Date 1/18/94 Volume 2,843 FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Minor Arterial ADA COUNTY RIDGE -TO -RIVERS PATHWAY PLAN - Lane EXISTING RIGHT-OF-WAY - 50 -feet REQUIRED RIGHT-OF-WAY - 90 -feet; 45 -feet from centerline Ustick Road is improved with 30 -feet of paving. IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Near Rural ada county highway district 318 East 37th - Boise, Idaho 83714 - Phone (208) 345-7680 n Meridian Annexation Ustick w/o Locust Grove rhe Hollows June 10, 1994 Page 2 3. Ustick Road is a section line road classified as a minor arte- rial with a bike lane designation from the Ridge to Rivers Pathway Plan, therefore 90 -feet of right-of-way is required. 4. The ACHD Capital Improvement Plan indicates that Ustick Road is approved for use of Road Impact Fee funds to increase its capacity; therefore, Road Impact Fee offsets may be given for construction of the roadway improvements (excluding sidewalk) along Ustick Road and for right-of-way dedication in addition to what exists now. If the developer wishes to be paid for the additional right-of-way, he/she must submit an application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 5. Staff anticipates the need for a stub street to the north and east for future inter -neighborhood traffic. 6. Staff recommends that only one access to Ustick from this parcel be allowed. 7. This application is scheduled for public hearing by the Meridi- an Planning & Zoning Commission on June 14, 1994. If the annexation is approved and development proceeds, the Dis- trict will provide the following recommendations to Meridian Plan- ning & Zoning as conditions for approval. SITE SPECIFIC REQUIREMENTS: 1. Dedicate 45 -feet of right-of-way from the centerline of Ustick Road abutting parcel (20 additional feet). The owner will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone. 2. Construct 5 -foot wide concrete sidewalk along Ustick Road abutting parcel adjacent to the new right-of-way line or pro- vide a deposit to the Public Rights -of -Way Trust Fund at the District for the required improvements (5 -foot sidewalk) on Ustick Park abutting the parcel. 3. Direct lot or parcel access to Ustick Road is prohibited, in compliance with District policy. Lot access restrictions shall be stated on the final plat. 4. Construct a stub street to the north and east. Coordinate location with District staff. 5. Other requirements may be imposed dependant upon a specific site plan.. Meridian Annexation Ustick w/o Locust Grove June 9, 1994 Page 3 STANDARD REQUIREMENTS: n The Hollows 1. Street and drainage improvements required in the public right- of-way shall be designed and constructed in conformance with District standards and policies. 2. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 3. Provide written approval from the appropriate irriga- tion/drainage district authorizing storm runoff into their system. 4. Locate obstructions (utility facilities, irrigation and drain- age appurtenances, etc.) outside of the proposed street im- provements. Authorization for relocations shall be obtained from the appropriate entity. 5. Continue existing irrigation and drainage systems across par- cel. 6. Submit three sets of street construction plans to the District for review and appropriate action. 7. Submit site drainage plans and calculations for review and appropriate action by ACHD. The proposed drainage system shall conform to the requirements of City of Meridian and shall retain all storm water on-site. Public street drainage facilities shall be located in the public right-of-way or in a drainage easement set aside specif- ically for that use. There shall be no trees, fences, bushes, sheds, or other valuable amenities placed in said easement. 8. Provide design data for proposed access to public streets for review and appropriate action by ACHD. 9. 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. 10. A right-of-way permit must be obtained from ACHD for all street and utility construction within the public right-of- way. Contact Construction Services at 345-7667 (with zoning file number) for details. Meridian Annexation June 9, 1994 Page 4 n i..% Ustick w/o Locust Grove fhe Hollows 11. 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 Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Development Services Division at 345-7662. STAFF SUBMITTING: Larry Sale DATE OF COMMISSION APPROVAL: '.SUN 15 1994 Di i ONE Mucci, O-Willm ::::i" tniitii�lllll� �i11U'•'�`•�Ir g� =- niell: .:wup� wr i ffr' 1 1 tf�_1 comm. I� this sktrtd� %s �`s`wowum onky. The anK �. 11�bukYF' EmLCO";fh15tt4Y �ldtGc7utti7 " ' Af7amoow � AAW zo-,. t EAVER 'A W—VI 5os3tf3easo* .:. SBSSiN91 S0 SACRE AAf»7faee0o1w00o7t3o L: .t(.; / .. .. ef761010033 - r 0. 2 ' 10 ruo _' L. SOl3xj6iG6 l r SOSfl10010 9 14 /1 CENTRAL •• DISTRICT q1�■HEALTH � Retum to: DEPARTMENT y�,ECEIV � ❑ Boise REVIEW SHEET JUN 0 5 1994 ❑ Eagle C,. y of MERIDrA;A ❑ Garden City Rezone # ,goND S`{�L� �,4 Meridian [�ifi1�'�3rZL ❑ Kuna Conditional Use # ❑ ACZ Preliminary/Final/Short Plat ffo/%cis 1. We have no objections to this proposal. ❑ 2. We recommend denial of this proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this proposal. ❑ 4. We will require more data concerning soil conditions on this proposal before we can comment. ❑ 5. Before we can comment concerning individual sewge disposal, we will require more data concerning the depth of ❑ high seasonal ground water ❑ solid lava from original grade ❑ 6. We can approve this proposal for individual sewage disposal to be located above solid lava layers: ❑ 2 feet ❑ 4 feet 7. After written approval from appropriate entities are submitted, we can approve this proposal for: Central sewage ❑ Community sewage system ❑ Community water well ❑ Interim sewage -® Central water ❑ Individual sewage ❑ Individual water 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality: Central sewage ❑ Community sewage system❑ Community water ❑ Sewage dry lines Central water 9. Street runoff is not to create a mosquito breeding probelm. ❑ 10. This department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 11. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 12. We will require plans be submitted for a plan reiew for any: ❑ Food establishment ❑ Swimming pools or spas ❑ Child Care Center ❑ Beverage establishment ❑ Grocery store . �7y�'� �-1 3 rkr� M 5,A'+111'1,07D � DATE: 1 3 !' w �jtf�, �?y,44TX-014b RECOM'mea- 05' X,61yvaTMe�JT of Reviewed by: ��'.�✓f12i F,r"j 'ILINCI, pF S70 PM VOtk- 11%!ar 7J S,;'t3Svar-AL L -w biS(!1-W eCDHD 10-91 reb OFFICIALS WILLIAM G. BERG. JR., City Clerk JANICE L. GASS. City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART. Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS. Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON. JR., Attorney ,0� t* -IN HUB OF TREASURE VALLEY A Good Place to Live CIPTY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman - Planning & Zoning SpA ',J U N 00 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: June 7. 1994 _ TRANSMITTAL DATE: 5/24/94 HEARING DATE: 6/14/94 REQUEST: Annexation/zonin4 for The Hollows BY: Bond Campbell and Shelli Caba LOCATION OF PROPERTY OR PROJECT: Ustick Road and Locust Grove Road -1150 East Ustick Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER 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: Nampa & Meridian Irrigation District has no comment on the annexation/zoning for Thp Hnllnws Thp niRfrirt will rnmmpnt at the platting of this project Assistant Water SlI printPndpnt Nampa & Meridian Irrigation District Go /'N, MERIDIAN PLANNING & ZONING COMMISSION MEETING: JULY 12 1994 APPLICANT: BOND CAMPBELL . AGENDA ITEM NUMBER: 5 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR THE HOLLOWS ANNEXATION AND ZONING REQUEST AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: I BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION BOND CAMPBELL AND SHELLI CABA ANNEXATION AND ZONING NORTH OF USTICK AND WEST.LOCUST GROVE ROAD MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on June 14, 1994, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Commission having heard and taken oral and written testimony and the Applicant, Bond Campbell, appearing, 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 June 14, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 14, 1994, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations. 2. That the property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; that the property to be developed FINDINGS OF FACT & CONCLUSIONS OF LAW/THE HOLLOWS Page - 1 is a 6 1/4 acre parcel; it is located at 1150 E. Ustick Rd. which is north of Ustick, 1/4 mile west of Locust Grove and currently adjacent to Rock Creek Subdivision;'the development would include 9 lots. 3. That the property is presently zoned by the County RT (Rural Transition); that the Applicant has requested that the property be zoned R-4 Residential and stated that the use proposed would be for R-4 Residential development. 4. The present land use has one single family residential home and the remainder of the property surrounding the single family residence is used for agricultural purposes; that the Applicant's application for annexation and zoning stated that they have approximately 6 1/4 acres to develop with 9 lots, the smallest lot being 10,000 square feet and the largest being 15,000 square feet; at the hearing, Applicant stated the smallest lot was 11,400 square feet and largest being 20,000 square feet; that Applicant intends to fence the entire parcel of property. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant's are the owner's of record of the property, and have requested the annexation. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. S. That the entire parcel of ground requested to be annexed is presently included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian FINDINGS OF FACT & CONCLUSIONS OF LAW/THE HOLLOWS Page - 2 M /"41 Comprehensive Plan. 9. That there was no testimony at the hearing other than the Applicant's. 10. The Department of Health,.the Nampa Meridian Irrigation District, City Engineer, City Police Department, Nampa & Meridian Irrigation District, Meridian School District, Police Department and City Fire Department did submit comments and such are incorporated herein as if set forth in full. 11. The City Engineer, Gary Smith, commented that a legal description needs to be written describing the property boundary including the adjacent one half width of Ustick Road; that the proposed 5 acre parcel has an approximate 100 foot contiguity to the city limit line established by the annexation of Rock Creek Subdivision; that water and sewer could be provided by extensions of the 12 inch diameter main line in Ustick Road at the northwest corner of the Howell Tract Subdivision. 12. That the Planning Director submitted a comment that a development agreement was required as a condition of annexation and that Applicant must work with Public Works Department staff to ensure the property can be served by sewer and water in the near future. 13. The Meridian School District's comment on this annexation request was that the planned development will accelerate the need for additional classrooms and/or to adjust school attendance boundaries; that Meridian Schools do not have excess capacity and nearly every school in the district is beyond capacity. FINDINGS OF FACT & CONCLUSIONS OF LAW/THE HOLLOWS Page - 3 /01N /� 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 R-4, Residential District is described in the Zoning Ordinance, 11-2-408 B. 3 as follows: (R-4) LOW DENSITY RESIDENTIAL DISTRICT: The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan or the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non- residential uses. The (R-4) District allows for a maximum of four ( 4 ) dwellings units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian."; that the R-4 zoning district requires a minimum of 1,400 square feet to be included in houses in that zone. 18. 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." 19. That the Meridian Comprehensive Plan, under Land Use, FINDINGS OF FACT & CONCLUSIONS OF LAW/THE HOLLOWS Page - 4 no Rural Areas, 6.3 c., it states as follows: n "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 . 20. 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." 21. 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), . . 111.3 An open housing market for all persons, regardless of race, sex, age, religion or ethnic background." 111.4 The development of housing for all income groups close to employment and shopping centers should be encouraged." 22. 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. 23. 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 FINDINGS OF FACT & CONCLUSIONS OF LAW/THE HOLLOWS Page - 5 the city and designated in an approved development agreement; that such comment is equally applicable to this Application. 24. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students. 25. That pursuant to the instruction, guidance, and direction 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 FINDINGS OF FACT & CONCLUSIONS OF LAW/THE HOLLOWS Page - 6 /'t in the City because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 26. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 27. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (201) wide, and shall not be a part of the normal street right of way or utility easement." 28. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 29. That Section 11-9-605 K states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi - 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; FINDINGS OF FACT & CONCLUSIONS OF LAW/TAE HOLLOWS Page - 7 n 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 30. That Section 11-9-605 L states as follows: Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Planning and Zoning Commission shall consider the Bicycle -Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 31. That 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 by the provisions contained in Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the FINDINGS OF FACT & CONCLUSIONS OF LAW/THE HOLLOWS Page - 8 0 /'N Meridian City Ordinances, the Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian and the annexation would not be.a shoestring annexation. 7. That the annexation application has been initiated by the Applicant with the consent of the titled owners 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 City 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 FINDINGS OF FACT & CONCLUSIONS OF LAW/THE HOLLOWS Page - 9 0 property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L and 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. The development agreement shall also address the landscaping along Ustick Road, and maintenance thereof, by a mandatory home owners association rather than the individual lot owners. The Covenants, Conditions and Restrictions shall require the mandatory homeowners association as a condition of annexation. 10. That the Applicant's property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. FINDINGS OF FACT & CONCLUSIONS OF LAW/THE HOLLOWS Page - 10 J. n 11. That the requirements of the Meridian ' City Engineer, Meridian Fire Department, U. S. West, and the comments of the Meridian Planning Director and City Engineer and these Findings and Conclusion shall be met and addressed in a development Agreement. 12. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de -annexation; that the Applicant shall be required to install a pressurized irrigation system, 'and if not so done the property shall be subject to de -annexation; the Applicant shall also determine the highest seasonal ground water level and report that to the City Engineer. 13. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance. 14. That proper and adequate access to the property is available and will have to be maintained; that the house size of 1,400 square feet must be met; that the minimum lot size shall be 11,400 square feet as represented by the Applicant. 15. That these conditions shall run with the land and bind the applicant, the titled owners, and their assigns. 16. With compliance of the conditions contained herein, the annexation and zoning of R-4 Residential would be in the best interest of the City of Meridian. 0 17. That if these conditions of approval are n I t met the FINDINGS OF FACT & CONCLUSIONS OF LAW/THE HOLLOWS Page - 11 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 ALIDJANI VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as stated above for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that if the conditions are not met that the property not be annexed, or if the property has been annexed that it be de -annexed. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT & CONCLUSIONS OF LAW/THE HOLLOWS Page - 12 MERIDIAN PLANNING & ZONING COMMISSION MEETING: June 14 1994 APPLICANT: BOND CAMPBELL AND SHELLI CABA AGENDA ITEM NUMBER: Ile REQUEST: PUBLIC HEARING: ANNEXATION AND ZONING REQUEST FOR THE HOLLOWS AGENCY COMMENTS CITY CLERK: CITY ENGINEER: COMMENTS FORTHCOMING CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: 'REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: SEE ATTACHED COMMENTS INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney n HUB OF TREASURE VALLEY n A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 MEMORANDUM GRANT P. KINGSFORD COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman • Planning & Zoning Mayor TO: Planning & Zoning gommissi n, Mayor and Council FROM: Shari ti es, arming ming Administrator DATE: June 9, 1994 SUBJECT: Request for Annexation & Zoning of R-4 by Bond Campbell and Shelli Caba The request for R-4 complies with the City of Meridian Comprehensive Plan. No development proposal has been received at this time. A development agreement would be necessary prior to annexation of the proposed parcel addressing landscaping, tiling of ditches, pedestrian walkways, and other City requirements. Applicant must work with Public Works Department staff to ensure the property can be served by sewer and water in the near future. /'\ i 6 EXCELin! 2 Fyn Q �'e J s' - 2 '199"f CITY OF M1:1RIDIA ,, IPERINTENDENT OF SCHOOLS Bob L. Haley DEPUTY SUPERINTENDENT Dan Mabe, Finance & Administration DIRECTORS Sheryl Belknap, Elementary Jim Carberry, Secondary Christine Donnell, Personnel Doug Rutan, Special Services JOINT SCHOOL DISTRICT NO.2 911 MERIDIAN STREET • MERIDIAN, IDAHO 83642 • PHONE(208)888-6701 May 26, 1994 City of Meridian 33 East Idaho Street Meridian, Idaho 83642 RE: Annexation & Zoning with a preliminary plat of The Hollows Subdivision Dear Councilmen: I have reviewed the request submitted for annexation and zoning of The Hollows Subdivision. This planned development will accelerate the need for Joint School District No. 2 to construct additional classrooms and/or to adjust school attendance boundaries. Meridian School do not have excess capacity. Nearly every school in the district is beyond capacity. The Meridian School District supports economic growth for Idaho and Specifically the district's area, but such growth produces a need for additional school construction. We ask your support for a development fee statute on new home construction or a real estate transfer fee to help offset the costs of building additional school facilities. If this support is lacking then we ask that additional residential development be denied. Sincerely, �nl�"- , Dan Mabe, Deputy Superintendent DM: gr MEMORANDUM To: Mayor, City Council, Planning & Zoning From: Gary D. Smith, PE , RE: THE HOLLOWS (Campbell/ Caba) (Annexation & Zoning) COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman - Planning & Zoning June 13, 1994 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: The proposed 5 acre parcel has an approximate 100 foot contiguity to the city limit line established by the annexation of Rock Creek Subdivision. 2. The annexation legal description needs to be written describing the property boundary including the adjacent one half width of Ustick Road. Water service could be provided by applicant extensions of the 12 inch diameter main line in Ustick Road located at the northwest corner of the Howell Tract Subdivision. 4. Sewer service for this size parcel could be into the South Slough Trunk by the applicant assuming ground elevations will so allow. n HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live WILLIJANIC L. ASS,BERCity Treasurer JANICE L. GASS, City Treasurer CITY OF MERIDIAN GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM To: Mayor, City Council, Planning & Zoning From: Gary D. Smith, PE , RE: THE HOLLOWS (Campbell/ Caba) (Annexation & Zoning) COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman - Planning & Zoning June 13, 1994 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: The proposed 5 acre parcel has an approximate 100 foot contiguity to the city limit line established by the annexation of Rock Creek Subdivision. 2. The annexation legal description needs to be written describing the property boundary including the adjacent one half width of Ustick Road. Water service could be provided by applicant extensions of the 12 inch diameter main line in Ustick Road located at the northwest corner of the Howell Tract Subdivision. 4. Sewer service for this size parcel could be into the South Slough Trunk by the applicant assuming ground elevations will so allow. 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: June 7, 1994 TRANSMITTAL DATE.- 5/24/94 HEARING DATE: 6/14/94 REQUEST: Annexation/zoning for The Hollows BY: Bond Campbell and Shelli Caba LOCATION OF PROPERTY OR PROJECT: Ustick Road and Locust Grove Road -1150 East Ustick Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR _RONALD TOLSMA, C/C _BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT _SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER 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*1ftN a HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS RONALD R TOLSMA JANIC L. ASSBERG,JRTeasurerk JANICE L. GASS, City Treasurer CITY OF MERIDIAN MAXYERRINGTON ROBERT D. CORRIE GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO STILES JOHN T. SHAWCROFT, Waste Water Supt. Zoning Planner oning Aeministrator & KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 836)42 W.L. "BILL" GORDON, Police Chief - JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887-4813 Chairman - Planning & Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR 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: June 7, 1994 TRANSMITTAL DATE.- 5/24/94 HEARING DATE: 6/14/94 REQUEST: Annexation/zoning for The Hollows BY: Bond Campbell and Shelli Caba LOCATION OF PROPERTY OR PROJECT: Ustick Road and Locust Grove Road -1150 East Ustick Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR _RONALD TOLSMA, C/C _BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT _SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER 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: I. /"ft" APPLIATION FOR ANNEXATION APPROVAL & ZONING OR REZONE MERIDIAN PLANNING AND ZONING COMMISSI CEIVED- APR 2 9 1954 FILING INFORMAT N Vx i'` -a°""''4 GENERAL INFORMATION &c=(—ow S (PROPOSED NAME OF SgBDIVISION) (GENERAL LOCATION) (LEGAL DESCRIPTION — ATTACH IF LENGTHY) P.C..a n bc-// f- S//� (OWNER(S) OF ECORD) (NAME) (ADDRESS) z:� (APPLICANT) (NAME) 3v,/ - 9 F7 Y (TELEPHONE NO.) y�Z - "7-c7 X (TELEPHONE NO.) 0�L14Arr— (ADDRRESS ) (ENGINEER, SURVEYOR OR PLANNER) (NAME) (TELEPHONE N0.) S. CD itc. /-',c-o ao, s c- 70 <- (ADDRESS) (ADDRESS) (JURISDICTION(S) REQUIRING APPROVAL) (TYPE OF SUBDIVISION — RESIDENTIAL, COMMERCIAL, INDUSTRIAL) +50 �� ACRES OF LAND IN CONTIGUOUS OWNERSHIP. (ACCEPTED BY:) (FEE) /'N " EXIIIBIT A " FROM THE COMMON CORNER OF SECTIONS 5 AND 6, TOWNSHIP 3 NORTH, RANGE 1 EAST, AND SECTION 31 AND 32, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, A DISTANCE OF 1320 FEET ON A BEARING OF SOUTH 89 DEGREES 58'07" WEST TO THE PLACE OF BEGINNING, THENCESOUTH 89 DEGREES 58'07" WEST A DISTANCE OF 610 FEET, THENCENORTH A DISTANCE OF 715 FEET, THENCENORTH 89 DEGREES 58'07" EAST A DISTANCE OF 610 FEET, THENCESOUTH A DISTANCE OF 715 FEET TO THE PLACE OF BEGINNING. EXCLUDING THEREFROM A PARCEL PREVIOUSLY CONVEYED TO COPE DRILLING COMPANY, BY A WARRANTY DEED RECORDED JANUARY 20, 1971, IN THE OFFICE OF THE ADA COUNTY RECORDER, WHICH IS DESCRIBED AS FOLLOWS: FROM THE COMMON 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 1686 FEET ON A BEARING OF SOUTH 89 DEGREES 58'07 WEST TO THE PLACE OF BEGINNING, THENCESOUTH 89 DEGREES 58'07" WEST A DISTANCE OF 244 FEET, THENCENORTH A DISTANCE OF 715 FEET, THENCE NORTH 89 DEGREES 58'07" EAST A DISTANCE OF 244 FEET, THENCESOUTH A DISTANCE OF 715 FEET TO THE PLACE OF BEGINNING. ALSO EXCEPT A PORTION OF A PARCEL OF GROUND PREVIOUSLY CONVEYED TO COPE DRILLING COMPANY, BY A WARRANTY DEED RECORDED JANUARY 20, 1971, IN THE OFFICE OF THE ADA COUNTY RECORDER, AND ALSO REFERRED TO IN INSTRUMENT NO. 8607270, RECORDS OF ADA COUNTY, IDAHO, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE COMMON CORNER OF SECTIONS 5 AND 6, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, AND SECTIONS 31 AND 32, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AND PROCEEDING A RECORDED DISTANCE OF 1,320 FEET ON A BEARING OF SOUTH 89 DEGREES 58'07" WEST TO THE POINT OF BEGINNING, THENCE CONTINUING SOUTH 89 DEGREES 58'07" WEST A DISTANCE OF 210 FEET TO A POINT, THENCE NORTH A DISTANCE OF 208 FEET TO A POINT, THENCE SOUTH 89 DEGREES 58'07" EAST A DISTANCE OF 210 FEET TO A POINT, THENCE SOUTH A DISTANCE OF 208 FEET TO THE POINT OF BEGINNING. ALSO EXCEPT THEREFROM ROAD RIGHT OF WAY FOR USTICK ROAD. END OF LEGAL DESCRIPTION R A Pioneer Company PIONEER TITLE COMPANY OF ADA COUNTY 888 North Cole Road / Boise, Idaho 83704 / Telephone (208) 377-2700 READ 6 APPROVED WARRANTY DEED FOR VALUE RECEIVED LEONARD S. JUSTICE and LORIE LEISHMAN JUSTICE (his only wife since March 1, 1988), Husband and Wife, Grantors , do hereby grant, bargain, sell and convey unto BOND CAMPBELL and SHELLI M: CABA, both Urunarried Persons, the Grantee s , whose current address is: 1150 E. USTICK ROAD, MERIDIAN, ID 83642 the following described real property in ADA County, State of Idaho, more particulary described as follows, to -wit: SEE ATTACHED "EXHIBIT A", WHICH BY THIS REFERENCE BECOMES A PART HEREOF, AND WHICH IS COMPRISED OF ONE (1) PAGE. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantees and Grantee s heirs and assigns forever. And the said Grantor s do hereby covenant to and with the said Grantees , the Grantors are the owner s in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee s ; and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (includes irrigation and utility assessments, (if any) for the current year, which are not yet due and payable, and that Grantors will warrant and defend the same from all lawful claims whatsoever. Dated: February 11, 1994 AQD S. JUSTICE 0 IE LEISHHAN JUSTICE STATE OF UAHO , County of Ada 'ss. On this 14 day of February, —, in the year of 1994 , before me Diane Kelloeg a notary public, per- sonally appcared—LEONARDS. T tST7C.l`and_LQRIF--Lu"'MAN .�utirl�r , known or identified to me to be the person s_whose name s ._are subscribed to the within instrument, and acknowledged to me that she. executed the same. Notary Public: Residing at: J3aisg —I D My Commission Expires:0 3 /? 5 /97 pc -Er „1: ;.144 MERIDIAN CITY COUNCIL MEETING: JANUARY 16 1996 APPLICANT: ITEM NUMBER; 21 REQUEST; REQUST FOR ONE YEAR EXTENSION OF THE HOLLOWS PRELIMINARY PLAT AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. it I O o 0 • Q• ® ® rN1 0 0 ru n Lo Z 9L Ob l , S SZ 89'99L 6o N < J 1. bZ'Obl 3 .00,SZ.69 SN m 60 'pC L 9p .99 n Iin 0 u rc < \n 133HIS H11WSNnf) '3 a - J 41 Og 49 w N Lo n c, 3 .U0,SZ.6S ��v �-j S t e:6 W o o n Z aZ Z a< o ¢ J 0 Ir •'��f w 9N) 5 8p • � L �s9 -16 F wN 0 s r z �s 66! 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Q' %1 90�` 3w NazT NN �5�1�, r w .9 oy\F L.� ,OF Oz w� �`n nm �n ��\ 'l' 00 WWF d- cn In oo n o c0 o m o Io 000 17 o 100 0 I Co O Oi \ = w a Q< U 'p 1� O T poi I� 0 tD 0 ^ o O 9 F -i1 cr < w w w< 'oo O Z z O U 7/'Ig F,rl( - /4ft 8 A-�P a May 31, 1995 Shari Styles Meridian City Hall 33 East Idaho Meridian, Idaho 83642 Ms. Styles; On May 22, 1995 we met to discuss the issue of Meridian Greens residents having their view being blocked by two story buildings in Hunt's Bluff Subdivision. Lots twenty- six through thirty-one were discussed as the ones likely to be a problem. I have made contact with all of the owners of the lots. The information I gleaned follows: Lot 26: Greg Coman was granted permission for a two-story house by the Meridian City Council. Lot 27: Mike Gotcher is an opportunist and is considering building a 2 -story house. His telephone is 376-7738, and pager 389-0012. Lot 28: Bill Hardy is building a one-story and has completed plans now. Lot 29: Marty Goldsmith is the owner and is marketing this as a residential lot for a one-story building. (I will proceed on a best effort basis.) Lot 30: Stetson Homes is the owner and is strongly considering a one-story spec. house. Pans am, r.L1, yet drawn and this decision is not final. 939-7, 530 Lot 31: Is. a completed two-story house. I have advised all concerned parties of both of our positions. I will continue to be cooperativepet with ou find theou information ormatiothe n herin resolving and my efforts1to be amenas that ble,rom this helpful insyourl hope that y own efforts. Sincerely Marty Goldsmith uelc-wr twu) wlc►v oww -Fry c -u wPs VF—Wd tik" i 1 m, r.. 6jsuuc1dPuDl gjoAoAjnS *A*Oulbu3 Vd 831V100sev ONV 30NV'lA obf ddme 81NnH Ativ"Wni" w r Ii�nO 0 M E t Anm 7+RP%w ■ g�r 9 f011 R �E3 M Ilk - M A J O • Meridian City Council January 18, 1994 Page 15 Kingsford: Is the Council prepared to make a decision? Morrow: What you need from us is a motion to approve that and I think that I would make the motion to approve it subject to the 50 foot right of way for the private road and of course subject to the approval of the Meridian City Rural Fire Department. Corrie: Second Kingsford: Moved by Walt, second by Bob to approve the Final Plat of Ariel Estates subject to the 50 foot right of way on the private street and the approval of the City Rural Fire Department, all those in favor? Opposed? MOTION CARRIED: All yea ITEM #6: PUBLIC HEARING: VARIANCE REQUEST: HUNTS BLUFF #2 BY MARTY GOLDSMITH: Kingsford: At this time I will open that public hearing and invite Marty or his desingnee to begin. Marty ---Goldsmith, 455Q -State--Street, - Boise,-- was sworn by.- the Attorney----- Goldsmith --Mr..r-_Iay-or and -members of the Council, I'm before you this evening representing a variance request for Hunts Bluff subdivision #2. This variance is from tiling of the ditch which is in your ordinance now and has been for quite some time a I am looking to fence the ditch. I believe it will provide a benefit to the community and I'm prepared to state those reasons. I think I'd like to show you the vicinity map at this time so we can all have a look at it. This is the subdivision Hunts Bluff #2 right here and in red is the Eight Mile Lateral. This is Overland Road and South Locust Grove Road. This is Meridian Greens on the boundary, and Sportsman Pointe. There has been no fencing in this area and I do believe that what we are proposing will actually be more than what has been done in the past. It will also provide us with protection for our children and I'm pleased to be representing this. It does fit in with the overall Comprehensive Plan. If immediate development is not allowed to go on in this area I do see a vacant field in the future, because it is not developable if we - have to tile that ditch. A vacant field would be a worse liability than a barrier, a fence, keeping the children out. By allowing immediate development it will not be various to in fill later and your developers wouldn't be skipping around finding easier pieces to develop leaving things out. Fairness is also an issue and that it hasn't been imposed in the past. At this time I'd like to answer any questions you might have. Meridian City Council January 18, 1994 Page 16 Kingsford: Questions for Mr. Goldsmith? Toisma: What is the size of tile that is required, is that a 72 inch tile? Goldsmith: I believe it sinte�est toer than that, the anyone here cost is something I know if that becomes of Tolsma: When I talked to Mr. Hanson of Nampa Meridian Irrigation he said that roughly anything over 48 inches was more of a hassle safety and their recommenaion fence, steel chaintl nkat that time was a 6 f You don't have anypr problems witoot high nn- h that then? Goldsmith: No, not at all. In fact that is what I propose to do. That is what I have done in the past with the subdivision Hunts Bluff No. 1 that abounded the Eight Mile Lateral and I did not because I was requested but because I thought it should be done. Tolsma: We've had some letters that I have received from people out there form Meridian Greens stating that they wanted a sealed fence--4_nd.--of-_Tape4-- and-.-the--sealQd fence.,__I- think_ it._ was a. steel chain link you would seal.diagonally or vertically with strips. I didn't see any problemswiththat except for plastic that would --burn but- they- are --(inaudible ._ Kingsford: Any other questions or comments? I might have one for you Wayne, probably the best person. Didn't we require fencing on Sportsman? Forrey: Mr. Mayor, members of the Council, I believe we did. I don't remember what material was specified I think it was just acceptable to the irrigation district. Kingsford: My recollection was Sportsman Pointe we did certainly Meridian Greens was way before our Ordinance. Thank you, any other questions from the Council? Corrie: Mr. Mayor, the lateral that is southeast of Hunts Bluff, down below there, is that fenced. Is that what we are talking about, has that been fenced? Goldsmith: This is all open right now, every bit of it. There is one fence right in here, from this property it has been recently worked on. This is the area here that we are talking about developing next, a 23 lot subdivision. And I would propose to tie in with the fence that I have constructed here and bring it on up the side. We've got a break away fence here and a fence that will come across the front, connecting this entire front. Meridian City Council January 18, 1994 Page 17 Morrow: The fence across the front is not chain link is that correct? Goldsmith: That is correct. Morrow: It is a decorative fence? Goldsmith: Yes it is, it is a cedar fence. Morrow: Isfor ditches understanding the tiles larger than 48changing the ordinanceinches in diameter. Kingsford: I believe that Planning & Zoning is looking at that along with other things, am I right Counselor? Crookston: It has come up, but we have not discussed it at a meeting. It has come up with discussions with the members but not at a meting. Kingsford: I think the Council has discussed it at length too. ---I've --gathered- . if that was their decision it-would._.probably--be a good idea if we move forwarded on that because we are receiving variance requests for that. Morrow: I guess my final thought is do we have documentation of the requirement for the tiling is greater than 48 inches from somebody? Kingsford; I don't think there is any question on that. Goldsmith: Rod's Parkside Creek was granted a variance on the smaller section of the Eight Mile Lateral earlier. Kingsford: There is some water taken out there. Goldsmith: Now, I have a variance or excuse me a license agreement that I did with Nampa Meridian Irrigation District on Hunts #1 and I also have a license agreement for this section here and it is not chain link, I could go with chain link. It is with cedar and it describes a fence on this side of the Eight Mile Lateral and it also described fences going down to the water form the lots leaving that pack of individual lots exposed so that they would have a water way with their home, but it would not be accessible from side to side. Crookston: Is the reason that you are asking for the variance, is it not the cost factor? Meridian City Council January 18, 1994 Page 18 Goldsmith: That isinc One of and in fact I feel the several things Ilhavelmentioned l enhance our overall communety has been for enhancement only. Crookston: You said you didn't think the land would be developed if the tile was required. Goldsmith: That is also correct, so that is one of the factors definitely, but not the only factor. I see a bare piece of land there and I see us able to complete the comprehensive plan and protects our community which looks better than the way it is now. The way the Eight Mile Lateral is now which is open, so that is the area that I was working towards. Kingsford: I think in terms of the logic of the variance Wayne, the Council has concluded that there are some greater safety factors in tiling than the risk of leaving it open. Cost is certainly a consideration for development, our consideration, I'm not going to put a price tag on what a life might be worth, but in fact a life might be challenged greater by a tile and inlet structure then that becomes a consideration too. - -=Crookston I don't- dispute that= at all I think that the juncture that we are at now, I think under the testimony tonight and actually the testimony that was presented by Parkside Creek there is not grounds for a variance. I think the juncture is now is that we need to change the Ordinance rather than grant anymore variances about it. Goldsmith: I have other variance applications in right now. Crookston: For tiling? Goldsmith: For fencing, a variance Crookston: A variance to tiling. I think that is where the Council is really at, is to determine, make a determination as to what size waterway you want tiled and what size you don't think needs to be tiled for whatever reason that may be. Rather than put the developers having to come through this process and making an assessment as to what is the safest way to treat the waterways that pass through the city. Tolsma: Well, I'm talking to Mr. Hanson about that. He said about 95% of mileage of irrigation ditches are under 48 inch and he says the 5% you'll see are the Eight Mile Lateral or the Ridenbaugh that would be above that but he says they are far beyond that. He says once you get past 48 inch he says the opening in the grills that protect the openings of the pipe are do bid that a small child Meridian City Council January 18, 1994 Page 19 could go through it because he says they have larger debris floating down the ditch so those grills have to be opened larger to allow a greater amount of water to go through. He says 48 inch and under he says would be a tillable ditch. That was his recommendations. Kingsford: Well we are discussing things that I'd like to continue the public hearing and that finished up. Walt did you have another question? Morrow: Well, my questions is, I am sensitive to what both Wayne and Ron are saying and I agree that we should discuss that, what I want to know is how to solve this problem. Kingsford: Well, indifference to legal counsel I think there is, the thing that you don't do a variance for is just for economic hardship. I think that we go far beyond that with the safety issue, if we are agreed that what Ron has just said with the size of the grate that goes on constitutes a safety hazard of the volume of water that pulls somebody into it. And I believe that it is right and I think that Nampa Meridian spoke on the basis of having some research on that...._ I.. think. that. does constitute us having_ the ability to grant the variance. I also agree with Wayne that we ought to be looking at changing that because it is ridiculous if we are going to take that approach we keep putting developers through that on everyone that comes in. ----Having said there, if there are no more questions I'd entertain other public comment. Don Stillwaugh, 1822 SE 5th Way, was sworn by the Attorney. Stillwuagh: In the last hearing that I was here for Hunts Bluff we di cs ussed the tiling at some length and we gave testimony from Meridian Greens side that some of us had built our homes on the border of the canal because of the fact that it is quite similar to a creek and the landscaping part of it. So, I guess I want to re- state that, I think that the tiling of that particular canal, it is awful wide and the expense would be great of course. But, obviously there is an issue with Meridian Greens side of it. I'm not sure how that all goes together. Kingsford: You are saying then that you would like to preserve. §tillwauQh: We would like to see it left open and I would support the fencing on that, that is my testimony. I'd like to ask the Council one other question about Hunts Bluff, I'm not sure how to. When I receive the last one , I came here and was talking about the other issues which have been determined. One of my great concerns is what goes on behind me. The houses built on the edge viewing out right over this subdivision. The subdivision layout had about Meridian City Council January 18, 1994 Page 20 4 lots or 6 lots between Meridian Greens #2 and #3 and the end doand went around. The lots that I see now have almost 9 lots, know how that changed or how that does change. Now I have rather than 1 large lot behind my house to wonder what is going to be a 2 story house or 2 different lots or even 3 different lots coming into play. Smaller lots which probably because of the size of the homes at the hearing they raised the square footage, it may be that they are all 2 story homes. I don't know how that happened because I don't know of a hearing that changed that. Could you clarify that or help me with that? Kingsford: Well, I'm not sure that I can without going back and looking. I'm not aware of the plat changing to change those square footage of the lots from the time that I originally saw it. Perhaps Mr. Goldsmith could speak to that or maybe Mr. Forrey. Was there a change in the lot designation, lot size bordering the Eight Mile and Meridian Greens? Goldsmith: Yes there was, and I remember clearing that with Wayne and it was because of the culdesacs and some changes that we had done to the subdivision. The lots are an average of 1,100 square -teet_approximateLy._and _that__L_have..no .intenti.on_of_bui.lding 2 story homes there. I can't say that there wouldn't be one but. Kingsford; I guess his question is were those down .sized Marty? Goldsmith; These back 4 lots here were originally 2 lots, that is correct. We have added another lot in this area here when these changes came about after meeting ACHD's requirements. We have been working closely with Gary and Wayne as to the the access we have acquired off of the culdesac for our lotage. Kingsford: Mr. Stillaugh is more concerned with how did we get 4 lots on the bottom instead of 2, I don't recall how that occurred. Goldsmith: It wasn't clear as to Meridian's requirements for lot access off of a culdesac. When this culdesac was added it became clear, there was an additional lot added here as opposed to a straight through street and those requirement also broke this land up here and back more. There was 4 there and of course there were 2 before and those lots were over 2000 square foot. (Inaudible) In the ordinance I actually found 2 things, one of them was talking about the flat lot, one of them was talking about a culdesac access and those changes on that plat were after ACHD's requirements and a clarification from Wayne Forrey and Gary Smith. Kingsford: What stage in the hearing process did that take place Marty? Had this been heard at Planning & Zoning when it was just 2 lots there? Meridian City Council January 18, 1994 Page 21 Goldsmith: It took place just prior to the Preliminary plat approval and Kingsford: So, all the time the Council has dealt with this it has been in that format am I right? Goldsmith: The street originally goes straight through and I believe you have a copy of that in you file. Kingsford: My question is did it become 4 lots down at the bottom after the Council started looking at it or before? Goldsmith: The plat was tabled Mr. Mayor because we were not reading off the same pages to whether ACHD requirements were being met and whether the Kenny Bowers concerns had been addressed with the Fire Department so the Plat was tabled. And at that time it did have the 4 lots in the back and the culdesac up front and at that time I spoke about a tech review that I had with ACHD and I had spoken with Kenny Bower and we produced that in writing on the next time or had that available here in writing and at that time the Preliminary plat went through. Kingsford: What were the requirements that the Council put on you that those lots bordering Meridian Greens had to have? Goldsmith: These lots bordering Meridian Greens needed to be 1600 square feet as opposed to the minimum in being 1500 square feet and the lots needed to be shake roofs. I have no problems with that. Kingsford: Wasn't there a square footage requirement placed on the buildings as well? Goldsmith: I'm sorry not the lots but the buildings themselves were to be 1600 square feet and there wasn't a problem with the lots sizes. Stillwaugh: Our problem is the lots were larger and that is what we are dealing with and that is what was approved. My neighbor next to me, he just moved to Salt Lake, he expressed to me that everyone that came to look at his house to buy it their concern was what were they going to do behind him, were they going to build -2- story homes. I would think that the smaller lots and with the increased size of the the house is going to force 2 story homes now for sure. Like I said if you look at the original plat that we were shown if you look at my lot there is one lot #10 directly behind it. This is what we dealt with. Kingsford: Was there another mailing of this current plat to the neighbors Marty? Meridian City Council January 18, 1994 Page 22 Goldsmith: I'm not sure of that, but in fact I did hand it out to the Council members and it was at the public hearing. If there is a problem that is irrectifiable for me here, I personally do know that those lots were laid out for 1800 and 2000 square foot homes. So, in the design of those lots, I actually took a computer component a drawing to scale and placed them on those lots and checked the setbacks and everything. If it comes down to it I am willing to not have the 2 story homes there if that will that help him feel comfortable with that. I don't want to put ion on myself unless I have to. Kingsford: I guess my concern is that notice was given to these property owners pursuant to code and I have a concern at what point then those lots changed. During the time that at least I am aware of what you have up there is what I saw, yet what these folks were sent for consideration clearly shows 2 lots. I would be very interested in what the time table was on that and were they given due notice for hearing on that change. That is really not an issue now in this variance but certainly something that needs to be clarified prior to you doing any building. ___-Stillwa-ugh,_--_Based__on__my__-neighbor_._i.n lot__ 2-I-- _think our major concern is the view maybe that is something we can work out. Kingsford: I would suggest that but until that is done I would have some real reservation about approving any building permits on it Marty and checking your time table with these transmittals. Morrow: Can Wayne give us any enlightenment as to what went on here? Kingsford: I would imagine you would have to research the flow but I'm sure he can. Thank you, is there anyone else from the public that would like to offer testimony on this issue? Goldsmith: I have one more clarification if I may. When these lots are coming in this way to the Eight Mile Lateral there being fenced off so they are going in perpendicular intersection. Nampa Meridian's road is on the other side and so it is between the fence that is already erected and the Eight Mile Lateral and I have worked on these license agreements with them an they are saying it is okay to run these fences perpendicular this way that they won't need to access this side. However, they can and it is a recorded easement. But I'm not wanting to run a fence parallel with the Eight Mile Lateral on this side which is the west, southwest side of the Eight Mile Lateral, that our license agreement is stating that we run parallel on this side and give them enough room to scoop out the ditch and maintain it and that they will have a recorded easement on this side and they are saying it is okay for J C Meridian City Council January 18, 1994 Page 23 those fences to run in there perpendicular. Kingsford: I see that in Boise along the New York Canal and I think that reasonable if a person wants to fence it and give themselves protection they can if not they have access to it. I think that it true in Meridian Greens as well. Anyone else from the public. Don Bryan, 2070 North Locust Grove Road, was sworn by the Attorney. Bryan: I just have one question about the tiling of the ditch which is the variance in question. I think it is a good idea not to do because of the size. I guess my only comment is if you do indeed review this and change your ordinance to require them not to tile the ditches of a certain size at the same time could you also look into the question of the definition of what is adjacent to when they say the developer is required to tile a ditch on property adjacent to his ditch that he doesn't own. The ordinance believes states he has to tile that ditch which is adjacent to and there is a question to what exactly is adjacent to. Whether it is 20 feet, 2 feet or 80 feet. Kingsford: That is a good point we ran into that before and it does need to be clarified Don. Bryan: When you are looking at the Ordinance you might throw that in there too. Thank You. Kingsford: Thank you Don, anyone else from the public? Seeing none I will close the public hearing. Need findings of fact, entertain a motion to have those prepared. Morrow: So moved Tolsma: Second Kingsford: Moved by Walt, second by Ron to have the Findings of Fact and Conclusions of Law prepared, all those in favor? Opposed? MOTION CARRIED: All yea ITEM #7: CAROL FELT: CLARIFICATION OF WATER AND SEWER COSTS TO HER HOUSEHOLD. PROTEST OF RATE INCREASE: Kingsford: Is Carol here or a representative?n Wayne, are you her representative? Forrey: Well, I did speak to Mrs. Felt Mayor. Mrs. Felt is HUNT'S BLUFF NO. 2 1. Annexed and zoned as part of the Britton, Spencer, and Fuller - Scott Annexation. 2. There were no residence restrictions regarding height in the annexation findings of fact and conclusions of law. 3. As near as I can determine, there were no restrictions regarding height in the platting process of Hunt's Bluff No. 1 and there are no height restrictions on the Final Plat of Hunt's Bluff No. 1. 4. The preliminary plat for Hunt's Bluff No. 2 dated 7-12-93 shows two large lots at the south end of Blacksmith. 5. That Wayne S. Forrey, Meridian Planning Director submitted a memorandum to the P & Z Commission which did not state anything about building height. 6. That Norman G. Fuller, developer of Meridian Greens did submit a letter, dated October 12, 1993 that requested the same minimum house size and lot size as in Sportsman Pointe and Hunts Bluff No. 1 and requested the same roofing requirement. 7. That at the public hearing before the Planning and Zoning Commission held October 12, 1993, there was no comment reflected in the minutes of the meeting about the height of buildings. 8. That Mr. Goldsmith submitted an application for a variance requesting that he not be required to tile the 8 Mile Lateral. At the hearing on the variance there was comment made by Mr. Goldsmith that he would not construct 2 story homes on the lots that front Meridian Greens if he was required not to. Since the matter before the City Council was the variance of the tiling, the Findings of Fact and Conclusions on the variance did not address height restriction. 9. That when the Final Plat of Hunt's Bluff No. 2 came before the Council, Wayne Forrey submitted a memorandum to the Council stating that, "Because the Developer committed to building height and roofing material restriction during the public hearing process, approval by the City Council should be contingent upon complete file review of all the minutes to verify compliance with all development issues." 10. No statement was made by the City Council as to any height restriction in Hunt's Bluff No. 2. 11. That the Final Plat does have restrictions on the house size for lots that will front Meridian Greens and that shake roofs shall also be on those houses. 12. Meridian has height restrictions for residences in the Zoning Ordinance, but they are 35 and 40 feet. That it is my opinion that since there were no height restrictions placed on the subdivision during the annexation and zoning process, none placed during the platting process and the final plat was approved without height restriction, since there are no height restrictions in the Zoning Ordinance that restrict houses to not more than one story, and that since the developer's only statements regarding height restriction were made during a matter that pertained to a variance, and the issue was not the plat or annexation, the City now has no authority to place a height restriction on any of the lots in Hunt's Bluff No. 2. APR -14-1995 11:22 AIR VAN N0. 2449 April 14, 1995 City of Meridian Shari L. Stiles Planning Director/ Zoning Administrator 33 E. Idaho Ave. Meridian ID 83642 Mr. Stiles: Q` I would like to readdress the issues of lot size 2083453813 P.01 To refresh your memory I have attached my previous c"espondence. I We are concerned with the height and the density we are seeing in the subdivision. I have been told that Mr. Goldsmith testified at a City Council meeting that he did not intend to build two story homes in the lots adjacent to Meridian Greens. As my November 28, 1994 tetter states, Mr. Goldsmith told me a different story. We would like an answer to our concerns before construction is started on the lots behind our home. 1 V ry y yours, Donald C. Stillwaugh P.S. My home is on Meridian Greens Lot 3 Block 1. Post -it® Fax Note 7671 Dere y _ 1 LIV 0 y To °o h 6a (Z., -3171 \"Q S From -Dofla L0 54 lI wi CoMept. Co. Phone N Phone R Fax t�.L(8l3 Fax# APR 14 '95 11:15 2083453813 PAGE.01 APR -14-1995 11:22 AIR VAN N0. 2449 2083453813 P.02 J�+ Wayne Forey, Planning Director City of Meridian 33 E Idaho Meridian, Id 83642 RE:' HUNTS BLUFF #2 SUBDIVISION Dear Mr. Forey, During the City Council meeting on January 18, 1994, I pointed out that the lot configuration on Hunts Bluff #2 had changed rather dramatically from the diagram presented at the October 12, 1993 hearing. Specifically the south end of the subdivision had added two additional lots down sizing the size of lots. Our concern is that smaller lots and lower priced homes will reduce our property values adjacent to this subdivision. An additional concern is that this lay out would require two story homes to meet minimum house size. The two story homes behind our home will block what view we have of the mountains. We would like to come to an agreement with the developer to assure us what the lot size and configuration will be, as well as an commitment for single story homes. I have enclosed copies of the notices we received along with lot configurations. We wait your response. ncerely, ^� Don C. Stillwaugh 1822 S.E. 5th Way Meridian, Id 83642 Home 888-7417 Work 345-3030 FAX 345-3813 APR 14 195 11:16 2083453813 PAGE.02 APR -14-1995 11:23 AIR VAN N0. 2449 2083453813 P.03 November 28, 1994 yrs � City of Meridian Attn: Shari L. Stiles 33 E. Idaho Avenue Meridian, ID 83642 Dear Ms. Stiles: Please find attached a copy of my letter to Wayne Forey dated January 18, 1994. I received a call from a lady at Meridian City Hall answering the issues I raised in this letter. She told me, "1. That the homes adjacent to Meridian Greens would be subject to minimum of 1500 Square Feet. 2. All homes adjacent to Meridian Greens will have Shake roofs. 3. In response to my concern about lot size, the builder had agreed to build single story homes on the lots adjacent to Meridian Greens." The first home is under construction on a lot in the south end of the subdivision adjacent to Meridian Greens. It is a large two story home. As you will recall, I discussed this situation with you and on your advise, I called Marty Goldsmith of Goldsmith Charter. When I asked Mr. Goldsmith about this issue, he responded by saying, "All I know is what was approved in writing." When I specifically asked if he had committed to the single story homes, Mr. Goldsmith paused and said, "All I know is what was approved in writing. " He then went on to say he intended to build two story houses on all the lots. I believe the configuration of the lots was changed without approval. I also feel I was mislead so I wouldn't make this an issue while the subdivision was receiving approval. APR 14 195 11:16 2083453813 PAGE.03 RPR -14-1995 11:23 AIR VAN NO. 2449 2083453813 P.04 November 28, 1994 City of Meridian Page 2 I would like clarification as to what the agreement for homes in this subdivision is. , Further more, I am requesting an explanation of the response I was given to my letter. I can be reached by phone at home 888-7417, at work 345-3030, fax 345-3813. Si ere , onald C. SWlwaug 1822 S.E. 5th Way Meridian, ID 83642 encl Opp Id 19S 11:16 TOTAL P.04 2083453813 PAGE.04 MERIDIAN CITY COUNCIL _ FEBRUARY 15, 1994 The regular meeting of the Meridian City Council was called to order by Mayor Grant Kingsford at 7:30 P.M.: Members Present: Ron Tolsma, Bob Corrie, Walt Morrow, Max Yerrington: Others Present: Will Berg, Wayne Crookston, Wayne Forrey, Bruce Freckleton, Marty Goldsmith, Richard Jewel, Kent Shepard, Joe Simunich, J. R. Kellogg, Kathy Simunich, Ralph Patey, Becky Bowcutt, Vickie Welker, Coe Parker, Dave Fuller, Brian Threet, Chief Gordon, Jim Johnson, Shari Stiles, Jim Bonner: MINUTES OF PREVIOUS MEETING HELD FEBRUARY 1, 1994: Kingsford: Are there any corrections or deletions to those minutes? Tolsma: Mr. Mayor, I move they be approved as written. Yerrington: Second Kingsford: Moved and seconded to approve the February 1 st minutes, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #1: JIM BONNER: COMPLAINT CONCERNING INSURANCE DECISION OF COVERAGE: TABLED AT FEBRUARY 1, 1994 MEETING: Kingsford: Is the Council prepared to take action on that issue? Morrow : Mr. Mayor, I was absent the last meeting, but I've read the minutes and I've visited the site. I kind of strongly feel that we are each responsible for our own actions. I don't see where the City has any liability there, I would be opposed to spending any of the tax payers dollars .in reimbursement of whatever happened. I think that I'd like to move that we not reimburse Mr. Bonner any of his insurance coverage in repairing his vehicle. Tolsma: Second Kingsford: Its moved by Walt, second by Ron to deny the request my Mr. Jim Bonner, any discussion, seeing none all those in favor? Opposed? MOTION CARRIED: All yea ITEM #2: FINAL PLAT: HUNTS BLUFF #2 SUBDIVISION BY FARWEST Meridian City Council February 15, 1994 Page 2 DEVELOPERS AND ROYLANCE AND ASSOCIATES: Kingsford: Council members do you have any questions of staff or engineering? Morrow: Mr. Mayor, I have a question of Bruce. According to your note in todays box you haven't had time to thoroughly review this project, is that correct? Freckleton: Right Morrow: Has Gary had time? Freckleton: No, Gary just came back Monday and we just didn't have the time to do a thorough enough review late Friday afternoon. (Inaudible) Kingsford: In the past Bruce, the Council has granted approval pending the City Engineer's approval, he has to sign the plat, you and Gary comfortable with that. Freckleton: That would be fine, I think that is what I've got in my memo. Kingsford: Any other questions, Mr. Crookston. Crookston: This is a matter where a development agreement is called for in the Findings, and I have no idea what the status of that is. Kingsford: What is the status Mr. Crookston, of the blanket, when might we expect that? Crookston: I'm still working on that, hopefully by our meeting next Tuesday. Kingsford: We have several developments now that we need to get that agreement ironed out with. Crookston: On the agenda tonight items #2, 3, and 4 all have that situation. Kingsford: I think we have some others that we approved. Crookston: There are. Kingsford: So that would also be a condition of approval is that is the Council's desire. Is Council prepared to take any action? Meridian City Council February 1, 1994 Page 2 Roll Call Vote: Yerrington: Yea, Corrie: Yea, Tolsma: Yea MOTION CARRIED: All yea ITEM #2: FINDINGS OF FACT AND CONCLUSIONS OF LAW: VARIANCE REQUEST BY MARTY GOLDSMITH: Kingsford: Council members have you reviewed those? Tolsma: Mr. Mayor, I move we approve the Findings of Fact and Conclusions of Law for the variance request by Marty Goldsmith. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve the Findings.of Fact and Conclusions of Law for the variance request by Marty Goldsmith. Roll Call Vote: Yerrington: Yea, Corrie: Yea, Tolsma: Yea MOTION CARRIED: All yea Kingsford: Mr. Crookston, it is appropriate to approve of the variance at this point. Crookston: Under the conditions that are in the findings. Kingsford: Entertain a motion on the variance request by Tingey and Brady. Corrie: I move that we approve the Findings of fact spelling out the conditions set forth in the facts and conclusions of law. Tolsma: Second Kingsford: Moved by Bob, second by Ron to approve of the variance request by Tingey and Brady conditioned upon the conditions placed in the Findings of Fact and Conclusions of Law. Roll Call Vote: Yerrington: Yea, Corrie: Yea, Tolsma: Yea M. Meridian City Council February 1, 1994 Page 3 MOTION CARRIED: All yea Kingsford: Entertain a like motion on the variance request by Marty Goldsmith. Yerrington: So moved Tolsma: Second Kingsford: Moved by Max, second by Ron to approve the variance request by Marty Goldsmith based on the Findings of Fact and Conclusions of Law. Roll Call Vote: Yerrington: MOTION CARRIED: All yea Yea, Corrie: Yea, Tolsma: Yea ITEM #3: ORDINANCE #632: WEST SIDE BIBLE CHAPEL: Kingsford: An ordinance of the City of Meridian, annexing and zoning certain real property which is described as a portion of SE 1/4 of the SW 1/4 Section 5 T. 3N, R 1E, B.M., Ada County and providing for an effective date is there anyone from the audience that would like Ordinance #632 read in its entirety? Entertain a motion. Yerrington: Mr. Mayor, I make a motion that we approve Ordinance #632 with the suspension of the rules. Tolsma: Second Kingsford: Moved by Max, second by Ron to approve of Ordinance #632 with suspension of the rules. Roll Call Vote: Yerrington: Yea, Corrie: Yea, Tolsma: Yea MOTION CARRIED: All Yea ITEM #4: PRESENTATION: BRIGHTON CORPORATION PRESENTATION OF CHERRY LANE GOLF COURSE EXPANSION: JAN -18-1995 09:32 AIR VAN N0. 2449 2083453813 P.01 Air pian narthAmerican FAX TRANSMISSION ORIGINATING FAX NUMBER: (208) 345-3813 77 ® NUMBER OF PAGES, EXCLUDING THIS COVER.- TO: OVER.To: I1 _ ._7 / /� _ CoMPANY:�; Yy �(C41Gf' FAX # 7 q F! �j DATE SENT: ! / S~ TIME SENT:� FROM:j) /1% % f /Gf/Gf (� COMPANY PLEASE NOTIFY US IMMEDIATELY IF THIS INFORMATION IS NOT PROPERLY RECEIVED. CALL (208) 345-3030. nz 1 JAN 18 195 09=26 2083453813 PAGE.01 1 JAN 18 195 09=26 2083453813 PAGE.01 JAN -18-1995 09:32 November 28, 1994 City of Meridian Attn: Shari L. Stiles 33 E. Idaho Avenue Meridian, ID 83642 Dear Ms. Stiles: AIR VAN N0. 2449 2083453813 P.02 Post -it" Fax Note 7671 Date// y ps°gest 3 C To ShLe/� J /PS From cojoepl, Co. Phone s g 88 � 33 Phone # 3,54�-ap 3 Fax M Fax S 21pa7 JOp/_3 �NIQefrPtrs7"- Vol Please find attached a copy of my letter to Wayne Forey dated January 18, 1994. 1 received a call from a lady at Meridian City Hall answering the issues I raised in this letter. She told me, "1. That the homes adjacent to Meridian Greens would be subject to minimum of 1500 Square Feet. 2. All homes adjacent to Meridian Greens will have Shake roofs. 3. In response to my concern about lot size, the builder had agreed to build single story homes on the lots adjacent to Meridian Greens." The first home is under construction on a lot in the south end of the subdivision adjacent to Meridian Greens. It is a large two story home. As you will recall, I discussed this situation with you and on your advise, I called Marty Goldsmith of Goldsmith Charter. When I asked Mr. Goldsmith about this issue, he responded by saying, "Al l I know is what was approved in writing." When I specifically asked if he had committed to the single story homes, Mr. Goldsmith paused and said, "All I know is what was approved in writing." He then went on to say he intended to build two story houses on all the lots. I believe the configuration of the lots was changed without approval. I also feel I was mislead so I wouldn't make this an issue while the subdivision was receiving approval. JAN 18 195 09:27 2083453813 PAGE.02 JAN -18-1995 09:32 AIR VAN N0. 2449 November 28, 1994 City of Meridian Page 2 2083453813 P.03 I would like clarification as to what the agreement for homes in this subdivision is. Further more, I am requesting an explanation of the response I was given to my letter. I can be reached by phone at home 888-7417, at work 345-3030, fax 345-3813. iSiI e, onald C. Stillwaug 1822 S.E. 5th Way Meridian, ID 83642 encl JAN 18 195 09:27 2083453813 PAGE.03 JAN -18-1995 09:33 AIR VAN NO. 2449 r .. Wayne Forey, Planning Director City of Meridian 33 E Idaho Meridian, Id 83642 RE:' HUNTS BLUFF #2 SUBDIVISION Dear Mr. Forey, 2083453813 P.04 During the City Council meeting on January 18, 1994, I pointed out that the lot configuration on Hunts Bluff #2 had changed rather dramatically from the diagram presented at the October 12, 1993 hearing. Specifically the south end of the subdivision had added two additional lots down sizing the size of lots. Our concern is that smaller lots and lower priced homes will reduce our property values adjacent to this subdivision. An additional concern is that this lay out would require two story homes to meet minimum house size. The two story homes behind our home will block what view we have of the mountains. We would like to come to an agreement with the developer to assure us what the lot size and configuration will be, as well as an commitment for single story homes. I have enclosed copies of the notices we received along with lot configurations. your response. ncerely; i Don C. Stillwaugh 1822 S.E. 5th Way Meridian, Id 83642 Home 888-7417 Work 345-3030 FAX 345-3813 JAN 18 '95 09:2? TOTAL P.04 2083453813 PAGE.04 La Meridian City Council December 21, 1993 Page 2 Giesler: Mr. Mayor,I move that we approve the Findings of Facts and Conclusions of Law regarding the Comprehensive Plan changes. Yerrington: Second Kingsford: Moved by Bob Giesler, second by Max to approve of the Findings of Fact and Conclusions of Law on the Comprehensive Plan, roll call vote. Roll Call Vote: Yerrington - Yea, Giesler - Yea, Corrie - Yea, Tolsma - Yea MOTION CARRIED: All Yea Kingsford: Can I hear a motion on the Comprehensive Plan? Giesler: Mr. Mayor, I move that we approve and adopt the new Comprehensive Plan. Crookston: We need an Ordinance. ----Geis-l_er Mr_ - Mayor-,--I--would -move -we _instruct the- City -Attorney to draw up an Ordinance regarding the Comprehensive Plan. Corrie: Second Kingsford: Moved by Bob Giesler, second by Bob Corrie to have the City Attorney draw an Ordinance on the adoption of the Comprehensive plan, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: PRELIMINARY PLAT: HUNTS BLUFF SUBDIVISION NO. 2 BY MARTY GOLDSMITH: TABLED AT DECEMBER 7, 1993 MEETING: Kingsford: Is there a representative to present that here? Yes sir, would you state your name for the record please? Shrewsberry: Michael Shrewsberry, residing at 2509 Sugarcane Drive in Nampa. I'm representing the applicant Goldsmith Charter. I have new exhibits for the Council's information. Kingsford: How is this different than the one we looked at last meeting? Shrewsberry: In your previous hearing, the Council raised concerns regarding the access problems presented by the culdesac design on the preliminary plat. On the far north end, this area right here, Meridian City Council December 21, 1993 Page 3 we have utilized the corridor for central sewer and also have proposed to install an emergency access lane for vehicles to enter the subdivision from east Overland road as opposed to come through the rest of the subdivision in cases of an emergency. We have spoken with ACHD regarding this change and they were in favor of it. I've also presented this to Meridian Fire Department, although I've not heard an official response from them, they did approve the initial concept as it stood so I would think this enhancement to the design as far as an emergency access goes it would be agreeable to them. Also a second issue was the concept how this preliminary plat related to the original Hunts Bluff Subdivision, this shows both developments together as they relate to one another. The culdesac street system here would serve 24 residential lots, that would equate to less than 50 vehicle trips per day. However, I believe this latest design does address adequately the concerns of Council as they were brought up in the December 7 hearing. If thee are any other questions that I might be able to answer for the Council I'm more than happy to do so. Kingsford: Did you put some sort of a break away barrier? --Bhrewsberry: Yes -sit, -there will be a break away barrier there. One concern of the City Engineer was to delineate the location of street lamps within the subdivision, and we have located them on the far south end at the intersection of Gunsmith and Blacksmith Avenue, and also at the culdesac at the north end. They will be adequate to delineate the fire hydrants for the subdivision. Giesler: Mr. Mayor, have they requested a variance on this culdesac length? I mean there Kingsford: Mr. Smith has done some research on that, I might ask him to make some comments on that. Possibly since that was put together, Gary and I talked about that last week I guess. Smith: Thank you Mr. Mayor, Councilman Giesler, after the question was raised at the last Council meeting I checked with Ada Planning Association if they had a method of measuring culdesac lengths and I also checked with the Boise City Fire Department. The mapping person at Ada Planning Association told me that they informally consider culdesac lengths to be measured for intersecting streets, where street names change. And in that case the east - west street in this particular subdivision has a name separate from the north south culdesacs. When I talked to the Boise City Fire Department representative he tells me that they measure culdesac length from a point that has 2 direction of access. And so in this particular case you'd have to go back to the intersection in Hunts Bluff No. 1 Subdivision. All our Ordinance says is that the the culdesac Meridian City Council December 21, 1993 Page 4 length is to be 450 feet, it doesn't say how you measure that length, from what point to what point. I have always measured the culdesac length from the center of the culdesac ball to the center of the intersecting street. That is the Giesler: Basically the same way Boise City was telling you then. Smith: No, I've gone from the center of the bulb back to the intersection of the next intersecting street center line. Giesler: Okay, excuse me. Smith: But, we have only had a couple of instances where we had a culdesac off of a culdesac and it was a question on the last one that I remember which was I think Meridian Greens No. 3 had a culdesac off of a culdesac. I'm not sure of that. Crookston: I thought it came up in Running Brook. Smith: Yes sir, that is correct that is another one. Running Brook Estates also had a culdesac off of a culdesac. So it is not specifically -addressed- -by -our -ordinance, I- --guess it -is an interpretationofwhat a culdesac is where it begins. I visited with councilman Corrie and Fire Chief Kenny Bowers today and our previous requirements for the length of the culdesac as I understand had to do with the length of hose that could be laid from a Fire truck and the 450 feet, and as Chief Bowers explained to me today and maybe Councilman Corrie could expand on it, but and I'm not up to speed on this sort of thing, but they are getting away from the small fire hoses and they are getting to the 5 inch hose and so this 450 feet may or may not be a realistic dimension. I know one thing that on lengths of culdesacs we don't want to get into a long length, where people drive back around curves and corners and finally get to end of the culdesac and then realize there isn't anyway out other than the way they came. I don't know what that length should be, I don't have a feeling for it. Giesler: I guess I thought it was always from the point of, you know taking it from where the project begins you know making an entire sweep. Giesler: And the City to the east of us, looks at it that way also, but they go from a point that has 2 means of access that is how they measure their culdesac regardless. And that is the longest distance from that point regardless of how many culdesacs come off of the culdesac it still is the longest distance. Kingsford: My recollection, Mr. Giesler, is I think back to when we Meridian City Council December 21, 1993 Page 5 put that Ordinance in effect for that length that it dealt with Fire trucks and how far they may have to back to, in this case back to that street change and you would be able then to drive out. Of course we also had some concerns about only having one access in which may be remedied by this emergency access. Giesler: I think traffic was the issue, people getting congested, not being able to get another access in if they should get bogged. Corrie: Mr. Mayor, in reference to what Gary was saying, just to give you a little background, the Fire Department now has a 5 inch hose and when you lay that from a hydrant into a fire area you don't pick that up once it is charged, it is a heavy hose so in checking with the Fire Chief he had no problem with this. We tried to figure the length of it, we have a thousand feet of hose on that 5 inch line, with the emergency exit here and entrance he had no problem with that, so that would be officially okay from the Fire Department, so I guess the question would be just how we feel about the culdesac length. The Fire Department has no problem with this one now. Kingsford: Any other questions or comments from the Council? Tolsma: Have you seen the letter from Darrel and Shannon Spencer? Shrewsberry: I'm afraid not. Tolsma: Well, it addresses several concerns here, mainly one of them is about their keeping their Overland Road address and their shed and trees and everything else because I guess it was laid out that they have these sidewalks/curbs/gutters going in front of their house and they really weren't particularly fond of that idea. Kingsford: What is the disposition of that property now on Overland, does your client control that. Shrewsberry: My understanding there is an option for our client to buy theentirety total c ntrol. property house w and f or would s would remainthe Spencer's relinquish would no longer reside there. Tolsma: But that hasn't occurred yet? Shrewsberry: Not to my knowledge it has not. We are trying to get preliminary approval for this plat plus we are seeking variance for the piping of the eight mile lateral. Tolsma: Well, this letter here states that they do not want to be A s Meridian City Council December 21, 1993 Page 6 cut off from Overland Road, to the east side of the property, they do not want their trees cut down, move their fences or take their sheds down. And they also said, our address would have to be changed to Blacksmith Avenue and they don't want that. And they said that Ada County insists they move the shed and cut d own the trees and move the fencing and change their address they are not going to go along with that. Shrewsberry: Well, just from a planning standpoint it would be to our advantage to save as much landscape as we possibly can. The outlying buildings may or may not fit the development standpoint' if we are able to take control of the entirety of the property. The latest concept that we have shows for the east portion of the Spencer's property to be platted into its own separate lot eligible for development as a single family residence. Tolsma: But they would be cut off from Overland road then? Shrewsberry: Unfortunately that would be ACHD's position yes, that they take access from Blacksmith Avenue as far as their street address is concerned they may be able to address that problem with Ada Planning Association and US Post -Office in order to maintain the street address although the mail box may need to be moved onto Blacksmith Avenue culdesac. Tolsma: What if they pave that access road clear to the culdesac and then put the break away on the culdesac, then they would have their access back onto Overland Road. Shrewsberry: That would have to be approved by ACHD I would think. Kingsford: Several questions are directed at the Spencer's you might ask them if you's like, Shannon, Darrel why don't you come up so we have it on record. Spencer: Darrel Spencer, 875 East Overland Road, to clear that up Mr. Tolsma, the house the grounds the whole thing is being done it is a package deal. So what Marty does with it after that. Is there anything else? Kingsford: Thank you. Any other questions from Council? Any - questions you might have for staff? Corrie: Mr. Mayor, I guess we are back to the question whether this culdesac length, if it is going to take a variance or not. What is the counselors, since we don't have the Ordinance pin pointed. Crookston: Our Ordinance says 450 feet, Meridian City Council December 21, 1993 Page 7 Corrie: From where to where? Crookston: It doesn't say from where to where. Corrie: So, once again. Kingsford: Se an Well, Gary if I'm intersection not mistaken you said that Ada a d the Boise Fire department usest uses a cross street is that true of Boise City Planners? Smith: I talked to Boise City Planners and they told me to call Boise City Fire Department. The APA uses intersecting streets when street names change and the Fire department uses the point from which 2 of access no longer exists for the last point the 2 way s of access. I don't know if there is definition of culdesac in our Ordinance or not. Wayne do you recall if there is a City definition of culdesac? Crookston; I don't. Smith: I'll run in my office and pull that Ordinance if you'd like. Kingsford: I'm reasonably confident that it is not spelled out in there. Well, I think the whole intent is its something that doesn't create a life safety issue and I think when you are talking about a straight street and an intersection you can back up to its under 400 feet, 450 feet you are safe. We certainly had some in town prior to this Ordinance that were longer than that. Corrie: Mr. Mayor, to get this thing off the dead center, I move we accept the final plat, preliminary excuse me of Hunts Bluff No. 2 as presented. Giesler: Second Kingsford: Moved by Bob Corrie, second by Bob Giesler to approve the preliminary plat of Hunts Bluff Subdivision No. 2, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: FINAL PLAT: CHAMBERLAIN ESTATES SUBDIVISION BY KEVIN HOWELL AND BRIGGS ENGINEERING: Kingsford: Any questions that Council has questions on that issue? Corrie: Mr. Mayor, I have a question I guess for Wayne, your 4 Meridian City Council December 7, 1993 Page 6 variance, roll call vote. ROLL CALL VOTE: Yerrington: Tolsma: Yes MOTION CARRIED: All Yea Yes, Giesler: Yes, Corrie: Yes, Jack Ridlemoser stepped down and Wayne Crookston resumed his seat. ITEM #6: PUBLIC HEARING: HUNTS BLUFF #2 SUBDIVISION PRELIMINARY PLAT BY MARTY GOLDSMITH: Kingsford: At this time I will open the public hearing and invite the owner and his representative to speak first. Is Mr. Goldsmith or his representative here? Would you come forward and state your name and address and be sworn please. Marty Goldsmith, 4550 W State, Boise, was sworn by the attorney. Goldsmith: I'm representing a 23 lot subdivision, that is zoned R- 4 and it has increased in size due to some changes we have made as per ACHD's recommendations and such. I have a couple different drawings based on which interpretation of the Ordinance that we should go by as far as culdesac lot frontages and I have those both available to us it does not change the number of lots and I would open this hearing for questions at this time. Kingsford: Any questions of Mr. Goldsmith? Gielser: Mr. Mayor, is this still going to be an R-4? Goldsmith: Yes, the lots that were indicated on the Preliminary that back up to Meridian Greens would have larger square footages and shake roofs. Giesler: Could you give the square footages of those homes? Goldsmith: Those homes will be 1600 square foot minimums and the remaining lots in the subdivision would be 1500 square foot minimums. Giesler: Also, is it the first row of homes that had the shake roofs, I can't remember for sure how it was, the first adjacent row of homes and that is how it will be in this plan? Goldsmith: Yes Meridian City Council December 7, 1993 Page 7 Tolsma: Question, you're also abutting that large canal, being that it was a tiled canal at one time or supposed to be and the preceding variance to fence it with a chain link fence, are you planning on tiling it or seeking a variance? Goldsmith: I was hoping that a variance wasn't necessary and that it would be a precedent setting motion and that I would rather see ceder as opposed to chain link but I would be willing to do whatever is required of me. Tolsma: Well, the irrigation district is the one who requested the chain link fence because of the spring burning that they do down there, they say you can build a chain link against the back of a chain link but they would like to have the chain link there so that when they spray it doesn't discolor their fence and when they burn it, it doesn't burn the fence, but if the homeowner (inaudible) Goldsmith: That is news to me, I have several license agreements, Hunts Bluff #2 is not one of them, but I do have another preliminary plat that does provide for a cedar fencing and the license agreement and contract was taken out with Nampa/Meridian Irrigation District. Once again I will do as I am asked. Tolsma: (Inaudible) Kingsford: I think Mr. Tolsma, that our current Ordinance that you would have to request a variance until such time, I believe its the Council's desire to change and make ditches that require over a 48" diameter to be fenced instead of tiled, but at this juncture I think you would have to request a variance to that effect. Goldsmith: Could we proceed forward, contingent upon that basis and maybe take a look at it coming up on the next hearing? Kingsford: What is your feeling on that Counselor? Crookston: Well this is just a preliminary plat, you can do that now and the variance would have to be requested unless the Ordinance was modified. Goldsmith: Is there a chance we could hear a variance now? This ditch is actually larger. Kingsford: What we would have to do under our current Ordinance is to notice and advertise for a variance which has not been done. Goldsmith: Okay. Meridian City Council December 7, 1993 Page 8 Kingsford: I think the Planning Director can work with that, and it might very well be the Council changing that, you'll want to kind of hold his hand on that issue. Any other questions for Mr. Goldsmith? Giesler: Yes Mr. Mayor, what is happening with the Spencer property as far as what ACRD recommended and what they are wanting you to do, there are 2 or 3 letters in here, what is the status of that as far as berming and sidewalks and their access? Goldsmith: I have an earnest money agreement with the Spencer's to purchase their property and ACRD was amenable to the idea of the culdesac that is why it was redrawn to this stage here. I believe I am meeting their requirements. I didn't run that berm clear across the front when in fact I stopped in front of the Spencer's place because it would actually go through the front porch and there would not be any front yard, but I have gone to great lengths to meet ACHD's and we have been in close contact with them and I believe I have done that. Giesler: And they have approved this latest plan then? Goldsmith: The latest plan actually has nothing but add to what they asked, they have not seen this latest plan and in fact we just came up with it this afternoon. The only change to this plan was that it had an additional lot and that it provided more berm space on the front of Overland. Gielser: I haven't seen it, maybe you could show it. Goldsmith: I have copies here, I liked to pass them out at this time. So I believe the only change is the addition of lot six block one being added and the berm space that is, it is on the northern boundary of lot 6 block 1 on Overland road. We would not be taking any access off of Overland road and everything would be coming off South Blacksmith Avenue, the access to the Spencer's place, and I believe that it was ACHD's requirements was to try and get that done. Giesler: That is the only question I had Mr. Mayor. Kingsford: Any other questions for Mr. Goldsmith? Corrie: Mr. Mayor, evidently I'm not following correctly here on the Spencer's property. They have not seen your proposal, is that correct? What they are referring to in their letter to the Planning and Zoning that we have to come to some other agreement we cannot be cut off at Overland road, the east side of the property nor cut down our fences or take down our shed, so this new design Meridian City Council December 7, 1993 Page 9 will eliminate all their concerns as far as what they are saying in that letter? Goldsmith: Yes, and it will address ACHD's requirements. I think us addressing ACHD's requirements is definitely something we should make a part of this preliminary plat approval. Corrie: has the Fire department had a chance to look at the new plat. Goldsmith: No, the street layout has not changed and I spoke with Ken and he wrote on his, on the original street layout that there was no problem with the culdesac lane. Corrie: I'm concerned that you had only one way in and one way and it is through another subdivision. And he approved not going in off of Overland road then, just having East Gunsmith Street as the only entrance into that subdivision? Goldsmith: That is correct. Corrie: He has approved that. Thank you Mr. Mayor. Kingsford: Any other questions? Crookston: I have a question Kingsford: It looks like that culdesac lane is in excess of our Ordinance we would have to look at that culdesac beginning at Goldsmith Court and I think that is going to be longer than our culdesac length, don't you think so Gary. Smith: I can't tell Mr. Mayor, how ling it is. Goldsmith: That culdesac is laid out perfectly it is 450 feet. We worked hand in hand with Gary to come up with those measurements. Smith: I guess it would depend on where you take the measurement of the culdesac as starting the length of the culdesac whether its this point which is an intersection. I think we had a similar_ situation on Running Brook Estates as I recall where they had a culdesac that came off of Calderwood and they had a long culdesac to the north.but then they had a short culdesac that went to the east. Goldsmith: This is an issue that I addressed specifically with Ken at the Fire District because I thought the culdesac length tied directly into his needs and the point that I used is indeed the r Meridian City Council December 7, 1993 Page 10 intersection of South Blacksmith Avenue and East Gunsmith Street and that was amenable to him at that time. Kingsford: At least it has been my belief that the reason for that culdesac length, at least as approached it, was to get to another entrance in my viewpoint that would be a Gunsmith Court at the intersection on the East side there, which certainly you are beyond the 400 feet, 450 feet there. Goldsmith: That is correct Tolsma: Have you approached Mr. Forrey maybe about crossing that canal and getting back into Southeast 5th street? I really hate to see that many houses sitting on a (inaudible) street boy that is. Goldsmith: I have and there is nothing that is going to be done there. Tolsma: 'And ACHD won't let you go back over? Goldsmith: That is something we can sure do that for you, it will not change our lot layouts and we can sure run that straight out if that is something I can show you at Final Plat I would be willing to make these changes. Kingsford: Gary, what is the distance that ACHD would approve 2 streets going onto an arterial, that looks like it would only be 200 to 250 feet? Smith: Mr. Mayor I don't know what that distance is, I know, at least I assume that is their concern when they, because the initial plat the initial preliminary showed that access out onto. I guess you have a copy of it, that is the one I have. I don't know is that what ACHD that they want the access is that their decision? Goldsmith: ACHD did not want that access out to Overland Road, because of the distance between the streets, that is correct. Kingsford: It is certainly something that we could address as he has indicated on the Final Plat. Any other questions for Mr._ Goldsmith? Thank you Marty. Goldsmith: Thank you Kingsford: Anyone else that would like to offer testimony on this issue? Seeing no one I will close the public hearing. Council members. Meridian City Council December 7, 1993 Page 11 Kingsford: What is the Council's pleasure? Tolsma: Mayor, I would like to talk to (inaudible). I really hate to see that many houses just sitting back in a hole with only one way in and one way out of there. So my recommendation right now is to table it until we can find out what ACHD (inaudible). Kingsford: Make the motion and see if there is a second. Tolsma: I move to table this until the next so we can speak with ACHD. Corrie: Second Kingsford: Moved by Ron and second by Bob Corrie to table Hunts Bluff #2 until next Council meeting December 21, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: RESOLUTION #151 Kingsford: Resolution #151 whereas the Idaho Transportation Department, Division of Highways, hereafter called the State, has submitted an Agreement stating obligations of the State and the City of Meridian, Idaho, for the construction of a bike path and pedestrian path between Linder and Meridian Roads on Five Mile Creek and so on. Entertain a motion to adopt Resolution #151. Giesler: So moved Corrie: Second Kingsford: Moved by Bob Giesler and second by Bob Corrie to approve of Resolution #151, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: ORDINANCE #626: THE MECHANICAL CODE: Kingsford: Ordinance No. 626, an Ordinance of the City of Meridian amending Title III of the revised and compiled Ordinances of the city of Meridian to add a new chapter to be known as "chapter 12, Mechanical Code" adopting the 1991 edition of the Uniform Mechanical code regulating and controlling the design, construction, quality of materials, erection, installation, alteration, repair, location of relocation, replacement, Planning and Zoning October 12, 1993 Page 16 of chronology, who gets the applications in, at this time we're talking about maybe heresay on storage buildings and yeah it might pose a problem, cause they're not always compatible with residential down the road, right now we're looking at an application for residential development and that's what we're addressing. Fuller: I'm just talking about Pine as a Future, there is a lot of small businesses. Johnson: There has been quite a few of different plans proposed on Pine Street, some of which most of which haven't gone through, you're right is this designated a mixed use area? So the chances of it being developed commercially there are pretty slim. In the Comprehensive plan that is not a mixed use area which means that area is theoretically being held for residential development. Fuller: I want to go back to my notes here, about, we also discussed with Vicki about the neighbors and them being notified that when they purchase this that there will be farming activities there, I run a small custom farming operation with equipment in and out. And we do still work jobs and we do do a lot of farming at night after hours, dark, you're familiar with the situation that happened in our neighboring counties. So these are some things that I'd like to see addressed in the proposal plans of whatever you're going to do with that ground adjoining to it. That's all I have. Johnson: Thank you, we appreciate it, your testimony is part of the record. Anyone else like to come forward and address the Commission? Seeing no one then I'll close the Public Hearing. Any discussion gentleman? What's your pleasure? Rountree: Mr. Chairman I make a motion that we have Findings of Fact and Conclusions prepared. Shearer: Second Johnson: I have a motion for Findings of Fact and Conclusions of Law prepared by the City Attorney, all in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR HUNTS r Planning and Zoning October 12, 1993 Page 17 BLUFF #2 SUBDIVISION BY MARTY GOLDSMITH: Johnson: I'll now open the Public Hearing, is there someone representing the applicant that would like to address the Commission at this time, please do so. Dave Roylance, 4619 Emerald, was sworn by the Attorney. Roylance: Mr. Chairman, Commission members, I'm Dave Roylance, civil engineer representing the applicant. Hunts Bluff #2 is 20 lot single family R-4 residential subdivision. We propose A public streets, city water, sewer and other standard utilities. May I answer any other questions? Johnson: Questions for Mr. Roylance? Is this application still accurate with respect to your plans, minimum square footage? Roylance: What is your question please? Johnson: The application states your minimum square footage on the lots is 8,000 and that your minimum square footage of structures is 1,300 is that still accurate? Roylance: Yes it is. Johnson: Have you familiarized yourself with the comments of Gary Smith, I realize they're late. Roylance: Yes I have Johnson: Any questions concerning those? Roylance: No I do not, they are all standard, normal and we can comply. Johnson: Have you or your client had any discussion at all with the owners of the property adjacent to your, owned by Darrel and Shannon Spencer? Roylance: Yes sir, Johnson: Would you summarize those discussions. Roylance: Their concerns are that they do not want to be part of Planning and Zoning October 12, 1993 Page 18 our subdivision, in fact we initially submitted the project including the Spencer lot and apparently that is against their wishes, we either miscommunicated or whatever. As a result then we resubmitted and redesigned the project to exclude their existing home, they would like to keep their address and access point on Overland Road. And to do that we have to exclude that from the project and that was at their request. Further, they've requested at least 15 feet minimum from the rear of their house to our lot lines so they try with city setbacks, and we had provided 20 feet. We've also had discussions with ACHD regarding the street improvements on Overland, because typically ACRD does not want to see and out parcel like this, it looks like in their eyes an obvious attempt to avoid paying for curb/gutter/sidewalk improvements along Overland Road, which is the normal requirement. So we've met with them and also discussed the Spencer's concerns they also have a shed that is in the corner, would be the northeast corner of their property. If the street improvements went in it would be moving some trees and a shed which is a concern to them, so we don't know quite how to deal with the issues, we'll do whatever is reasonable, we certainly want to comply with requests we also know that ACHD wants the street improved so hopefully we, us and the Spencer's and ACHD can meet and find some middle ground. I believe that's the total of their concerns, but they're here to address this. Johnson: Moving on have you talked to anyone with respect to Meridian Greens about their desire to have certain sized homes back up to Meridian Greens, as other subdivisions have done? Roylance: No sir I haven't, in reading this information tonight, I assume it's the same information you have, I read the Letter from Norm Fuller and we can comply with his request, we did that in Hunts Bluff #1 we put 1500 square foot homes and shaped roofs and certain sized lots and we're prepared to do that. Johnson: As I recall, the adjacent subdivision also in Meridian Greens 1600 I believe is the number we arrived at their, your application I believe states 1300 square feet and I believe the minimum is 1400 in R-4 now, just so you're aware of that. Roylance: You can make that a condition, if 1400 is minimum. Johnson: Okay, do you have anything further? Roylance: Yes I do, in this memorandum from Wayne Forrey, there Planning and Zoning October 12, 1993 Page 19 was one thing there that caused me a little bit of concern and that I'd like to discuss with you. And that is, it is dated October 12, and the last paragraph from Wayne it says,"I would recommend that a pedestrian access/canal crossing be appropriated into the approved Hunts Bluff #2, conditioned upon securing necessary access to Meridian Greens to link both subdivisions together." Is that suggesting that we provide access to the Eight Mile Lateral, which if that's the case we can do that, but is it suggesting that we fund the bridge over the Eight Mile Lateral, and if that is, we feel that is a bit much of a burden for a 20 lot subdivision to endure. Johnson: Do you want to address that please Wayne? Forrey: Mr. Chairman, members of the Commission, in this particular section the School District is re-evaluating school sites and my latest conversation with Dan Mabe indicates he wants to get a school site closer to the interior of the subdivision, at one time it was a different area. His concern of the Hunts Bluff #1 and 2 link up somehow with Meridian Greens so children should be able to walk south over the canal and go farther south through Meridian Greens into a school site. Just to visualize that, what you're looking at here is the Eight Mile Lateral and this is the project that's up for approval right now, somewhere in here getting access as Dave said to the canal is probably not difficult but, we've got to get kids through another lot line somewhere in an existing subdivision, and I don't see that as the developer of this project, I don't see that as their responsibility, that's probably the city's responsibility now to go out and talk to property owners and see what arrangements to link the two subdivisions together, and that's on the premise that down here in the near future there is going to be a grade school, and Dan Mabe wants to be able to get children to walk through these streets or ride their bicycles to get to school rather that bussing them all the way out to Meridian Road or excuse me Overland and over to Meridian Road and back down and back in because it's costly to the school district. So even if it's some expense to the school district I think maybe they would rather pay and work with us to get access here than they would forever to be bussing. This is more cost effective, so if we can get Hunts Bluff to cooperate and we work with the developer, I --- think it's a solution we ought to proceed with. Johnson: At this point you don't have any discussion with the property owners or the developers? Planning and Zoning October 12,1993 Page 20 Forrey: No Mr. Chairman. Rountree: Isn't this developer going to have to tile the Eight Mile Lateral? Forrey: According to the city ordinance it would be required. Rountree: So the bridge is not the problem Forrey: If we can find a couple of property owners that would be sympathetic to that. Rountree: One possible solution would be to extend Gunsmith through to the 5th and provide pedestrian ways up 5th through lot 7 and block 2, because that's not subdivided. Roylance: I guess we should look at all those options. Johnson: I think we need to know if there is really going to be a school there. Forrey: Defiantly, there will be Dan Mabe indicates that that section will have an elementary school and it's that section and noted in Comprehensive Plan Map for a future elementary school, and he has started some property negotiations south of those red arrows. Johnson: That looks like a challenge to me, but I don't know maybe it's easier than I think it is. Yes sir, you want to go on? Roylance: If I could please. Mr. Chairman, Commission members I'm not sure what the outcome of all of that was,our position would be we would certainly participate in any kind of a neighborhood adventure to get that canal crossed, we just don't want the whole cost and burden to be born by us when sportsmen should could help maybe Meridian Greens maybe somebody else but we will hep in that in that venture. Johnson: Maybe the city Roylance: Maybe, on another issue regarding tiling, I heard the previous testimony regarding tiling the ditch if that's your ordinance than so be it we have to live with it. However one concern comes to mind, unless I have my ditches and I could, I Planning and Zoning October 12, 1993 Page 21 think in Central Valley Corporate Park we're ditches, I think it's Eight Mile Lateral and Ten both of those we wanted to tile the ditch to project in attempting to do that we found out f that the Army Corps of Engineers and from G Department of Water Resources that those ditches Federal Water Way and have wetlands vegetation in to wetlands issues which would mean if I under: correctly they would not allow us to tile the ditc Nine Mile lateral but I don't believe is affect Nine Mile Drain, but not a Lateral, I see. Have the past required the Eight Mile Lateral tiled, criteria? dealing with two Mile Drain and in benefit our own rom Greg Martinez �ne Gibson Idaho are designated a them, are subject Mand the process h that may affect s any of the, or you typically in or is this a new Johnson: I don't know of any places that have been tiled, have they been tiled? Crookston: If there has been an application, pertaining to Eight Mile since we've had the ordinance enacted, it has been required. Johnson: But I can't think of one, and that was kind of his question, wasn't it? Not if there had been but did we ever, isn't that your question? Roylance: The question apparently this is a new requirement and it's not. Johnson: That's a very sensitive issue right now for the city, I can tell you that, tiling ditches is we do have the ordinance and there are some teeth in the ordinance, the teeth are getting longer and sharper as I understand it, that's the best way I can phrase it right now, we're trying to anticipate here some of the questions the city will have, City Council Members will have when you go to that step, and so we want that part of the testimony to get your feelings on that, they can peruse that part. I can't speak for them, how they're going to react, we think at this point that they're going to be hard and fast on tiling ditches. And ditches, we know of no deviations they've made since we've had it, I can't say that we've had an application of Eight Mile Lateral because I don't recall one. Crookston: Kennedy Lateral, they asked for a variance and it was not approved. Planning and Zoning October 12, 1993 Page 22 Roylance: This new requirement then came to pass after the Moratorium during that time period, what I'm getting at we did it at Hunts Bluff #1 maybe we did wrong, and it was not a requirement then to tile the Eight Mile lateral, it just seems like an awful big ditch to be tiling. Johnson: It is a big ditch Roylance: You have your needs Johnson: It's longer than that, we're looking at the third year of it Roylance: We just got lucky on #1 then Johnson: Well or unlucky,I don't know how you look it it's a safety thing, and that's foremost in their minds at this point, as opposed to having a nice foot path along it, that's the safety factor has been an overriding factor to this. Roylance: I won't belabor the issue, I guess if we want to present an argument we do that at City Council. One last issue, Crookston: Let me interject, if you do want to have a variance do apply before the City Council you have to apply for the variance. Roylance: So a formal variance procedure application Johnson: Right, the variance is not handled at this level, its only handled at the City Council Level. Roylance: I see okay. We had a meeting with the Ada County Highway District on october 7th and we viewed the project with them. And one of the things they brought up is that they would not be opposed to they would encourage a culdesac in this location here, and not punch through the access onto Overland road. The idea being this is and ulterior and to allow to access points on the ulterior takes away the function of the street, given the fact that one lot would be here, the road turns and makes the connection onto Overland, and then the from the transportation standpoint they didn't see a need for this road to go through. Johnson: How long would that make your culdesac if it's not punched through? Planning and Zoning October 12, 1993 Page 23 Roylance: 450 feet Johnson: So your 450 feet over the ordinance which you'd have to get a variance for that. Crookston: The ordinance is 450 feet Johnson: See I'm wrong again, maybe it's 451 feet Crookston: That's only 449 feet Johnson: Well I'll take it into consideration, that's where we really need some ACHD input on that, we're not getting it. Roylance: I do have a letter here from them dated October 7th Johnson: Is there a copy to the City incidentally, or is it just to you? Roylance: No just us, that's all the comments that I have, unless you have questions? Johnson: Thank you, any questions of Mr. Roylance? This is a Public Hearing anyone else from the public like to come forward at this time? Marty Goldsmith, 4550 West State St, was sworn by the Attorney. Goldsmith: I've had recent conversation with Gary Smith concerning the Eight Mile Lateral on an upcoming project of Jerry McDermot's farm and it would be southeast of this area and it is defiantly been pointed out to me that we will not be required to tile the Eight Mile Lateral. And that I should address the concerns of Nampa/Meridian Irrigation District and I have done so and that the fence does do this, this is an exceptionally large ditch and possible might make development prohibited. It will be fenced, it has not been required by Sportsmen Point to fence the Eight Mile Lateral,Meridian Greens, Hunts Bluff #1 and he said that he is not going to start that on the Eight Mile Lateral, because it hasn't been followed through before. That's what I wanted to say. Johnson: That's his recommendation? Okay, well I appreciate that thank you. Anyone else from the public like to come forward now? Planning and Zoning October 12, 1993 Page 24 Doug Hoy, 1806 Southeast 5th Way, was sworn by the Attorney. Hoy: Good thing you don't miss one of these, lots of surprises when you get here. I'm lot #1 block #1 first lot going down Southeast 5th Way, coming in from Overland. Shearer: You're here to donate property for easement through. Hoy: I have a few things and I'm not against free enterprise, I believe in protectionism too. I would like to request that we stay within 1600 square feet of the square feet on some of these houses, even though that is somewhat A little small then what we have in Meridian Green, I still think that will flow ok across that, we do have a buffer. zone. I would like to see some similar structure to what we have in Meridian Green and Hunts Bluff is doing quite well in #1, I'm not complaining about that. Keep it , with shaped roofs, I would like to a requirement that these house have shaped roofs so that they flow with Meridian Green, it seems like to me you're trying to flow that into Meridian Green. Those two parts of the building structure I'd also like to see a six foot high buffer fence between their lot in between the canal, I think you said something about doing that? Johnson: You have to talk to us that's the procedure. Hoy: Okay, a six foot high buffer fence between Meridian Green between the canal. Johnson: We wouldn't have a problem in Meridian Green put in the fence too. Hoy: I'll probably put one in, I don't like to look at my neighbors back yards or them into mine. I happen to be higher than they are by the way. I'd also like to have a little access to Meridian Green, we have one on 5th already all you want to do is float some more traffic in there, never heard about a school in there in the first place that's a big surprise. So, he just said how easy it was to get out of that subdivision by Overland Road, it's just as easy for a bus to get out there won't it. So why open that up into Meridian Greens, i suggest that you not allow that. Shearer: I think it's just pedestrian Hoy: No traffic just pedestrian? Planning and Zoning October 12, 1993 Page 25 Johnson: Depends on who you listen to. Hoy: Also, I think the question has been answered about Eight Mile Lateral, I bought a nice lot there that backs up to the Lateral, i never knew you had an Ordinance now that tiled and covered laterals that's news to me. I would like to resist that and ask that you do not force that issue because that is a very nice lateral it resembles a creek, and if you cover it and turn it into sewer instead of creek we would lose a lot, I've got it landscaped back there and I enjoy my evenings on the lateral, I've got a six foot waterfall which I bought that property because there was a waterfall on it. I request that you no do that, that's all I have. Johnson: Any questions, by the Commission? Thank you sir. Anyone else from the public that would like to come forward at this time? Don Stillwaugh, 1822 South East 5th Way, was sworn by the Attorney. Stillwaugh: I live at, see the green arrow going to my property there, circle #1 there and lot #3 is my property. My wife and I moved in there just about a year ago and we were one of the last homes to build in the older part. the reason we built in Meridian Greens we lived in Boise 20 years at another home and this is the first time we built a home, we moved there because of the quality of life and the homes. We also moved there because we looked for a long time for a house with a canal behind it or something that would have a nice view, I would second Mr. Hoy's opinion, the reason we bought that lot is because it had water behind it, and it adds to our property, we enjoy that also. We had the luxury of getting all of our landscaping not quite as much as mr. Hoy, but we plan to get that done next year in the back. So I also would say that if, as far as covering that canal we think it would be a very negative thing for our property, and I think if you walked down the rest of Meridian Greens the lots that back you'll see that a majority of them do have landscaping right up to the canal, and they do enjoy that canal. I also would this first time I saw the green arrow and it kind of startled me a little bit, I'm not sure how Mr. Bachman feels about that who owns the lot #4 I mean. My wife is a school teacher in Meridian School District for 20 years we do love children and enjoy them but I don't know if we'd want the whole School District going through our property. If that is necessary I would recommend there are some options and if they do have to go across the undeveloped part I'm not sure what the plans are for that, and also the other area where they show the green arrow, Planning and Zoning October 12, 1993 Page 26 those lots haven't been sold yet, and there are no houses I know in that 3 or 4 lots there, there is quite of bit of area up there. The other issue as far as construction I'd go along with Mr. Hoy in saying that I think that, I know that at some point when you build homes there has to a blending of property and all property can't be the same, I think Hunts Bluff is the area to do the blending and not Meridian Greens. Make those homes the same as Meridian Greens that back up we build our homes with certain value I don't want a 1300 square foot home behind my home its about half the size. If they want the blending they can do it in their own subdivisions not next to other subdivision. And shake roofs also, we bought our specifically because with the canal even if they built a home behind us we would still have somewhat of view and be able to see the snow on the mountains that may be in question if the build 2 - story homes, I know I don't have a lot of control on that, but I would hope that it would be a red composition shake roof, I'd like to see a regular shake roof. I think that covers everything. Johnson: Any questions for Mr. Stillwaugh? Okay thank you very much, next who'd like to come forward and address the Commission? any rebuttal any comments regarding their comments you'd like to address clarify, you don't have to just if you do. Goldsmith: We would be happy to go up on the square footage of the homes, up to 1500 maybe 1600 square foot, 1500 square foot being the minimum and 1600 square foot on the back two lots where we adjoin Meridian Greens. Johnson: How large are those lots square footage wise, you may have already answered that but I forgot? Those lots that abut, 8,9,10,11,12? Goldsmith: Yeah, those are 11,000 plus Johnson: So pretty good sized lots? Goldsmith: Absolutely, the majority in there average 11,000. Johnson: What do you say about shake roofs for the record? Goldsmith: I do oppose shake roofs in there. Johnson: You don't like shake roofs. T Planning and Zoning October 12, 1993 Page 27 Goldsmith: No Alidjani: Which one would you like, the tile or the asphalt. Goldsmith: I believe a 25 year dimensional shingle is going to outlast a shake roof and I speak from record of being in the roofing business for ten years. Johnson: Okay any questions for Mr. Goldsmith? Thank you, anything you'd like to add to that Wayne Forrey? Forrey: No Johnson: Keep my Wayne Is straight here, how about Wayne Crookston? Crookston: Nothing Johnson: One last shot anybody from the public, you got to be quick because you already had on shot. Hoy: I didn't buy a shake roof for the length of stay I bought it for the aesthetics and that's what I respect in, also when you say 2 lots back up to Meridian Greens, I see five. Johnson: I didn't say 2 did I? Hoy: He said 2 Johnson: Oh, did he, I was talking about 8,9,10,11,12 Hoy: Okay, I just wanted it for the record, that's all. Johnson: Okay thank you, well if no one else would like to come forward, then I'll close the Public Hearing at this time. What would you like to do Mr. Shearer? Shearer: I thinking Johnson: Do you have a comment there Mr. Crookston or are you just resting your arm? Crookston: I'm just scratching my head, thank you. Shearer: I move we have the Attorney prepare Findings and Fact and Ic Planning and Zoning October 12, 1993 Page 28 Conclusions of Law. Crookston: There's no findings on, this is a preliminary plat Johnson: So we don't have any Shearer: Oh, Rountree: Mr. Chairman I make a motion that we recommend to the City Council approval of the plat with the conditions the Engineer look at culdesacing Gunsmith Ave at Overland Road the the minimum square footage of housing be 1500 square feet with a 1600 square foot minimum on lots 8,9,10,11 and 12, and at minimum shake requirement on the same lots. Alidjani: Did you say for all of them Charlie, or those that just are on the back? Rountree: The same lots 8, 9, 10, 11 and 12. Alidjani: I'll second Johnson: It's been moved and seconded to recommend approval of plat to the City Council with stipulations so stated regarding culdesacing and square footage of 1500 and 1600 square footage on lots 8,9,10,11 and 12 also shake roofs on the same lots 8,9,10,11 and 12. All in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING FOR R- 4 BY EDWARD A. JOHNSON: Johnson: Is Mr. Johnson, our representative here to address the Commission, please come forward at this time. Johnson: Mr. Chairman, members of the Commission, My name is Edward A. Johnson, or Ted Johnson, President of Land Developers Edward A. Johnson was sworn by the Attorney. Crookston: It gives me pleasure to swear in an ex -judge. Johnson: Thank you Mr. Crookston, the application we have tonight Meridian City Council Meeting: FEBRUARY 15 1994 Applicant: FARWEST DEVELOPERS AND Agenda Item Number: 2 ROYLANCE AND ASSOCIATES Request: FINAL PLAT: HUNTS BLUFF #2 SUDIVISON Aen Comments City Clerk: City Engineer: SEE ATACHED COMMENTS City Planning Director: SEE ATTACHED COMMENTS City Attorney: City Police Dept: "REVIEWED" City Fire Dept: City Building Dept: Meridian School District: SEE ATTACHED COMMENTS Meridian Post Office: Ada County Highway District: Ada Street Name Committee: Central District Health: SEE ATTACHED COMMENTS Nampa Meridian Irrigation: Settlers Irrigation: Idaho Power: US West: Intermountain Gas: Bureau of Reclamation: OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. GROOKSTON, JR., Attorney MEMORANDUM HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TO: CITY COUNCIL AND MAYOR FROM: WAYNE S. FORREY, PLANNING DIRECTOR DATE: FEBRUARY 11, 1994 RE: HUNTS BLUFF #2 SUBDIVISION FINAL PLAT COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW WAYNE S. FORREY, AICP Planner & Zoning Administrator JIM JOHNSON Chairman • Planning & Zoning The Ada County Highway District required that this Final plat be modified to exclude direct access to Overland Road. The Final plat reflects this revised layout which forced several lots to be shifted around the south culdesac. This revised layout was presented at the Preliminary plat public hearing with the City Council and entered into the public record as a displayed map and handout. Because the Developer commited to building heighth and roofing material restrictions during the public hearing process, approval by the City Council should be contingent upon complete file review of all the minutes to verify compliance with all development issues. I recommend approval of this Final plat subject to detailed review by the Zoning Administrator to ensure compliance prior to clearance for Fianl plat signature bieng issued to the City Engineer and City Clerk. Q �d SUPERINTENDENT OF SCHOOLS RECEIVED Bob L. Haley DEPUTY SUPERINTENDENT FEB ' 4�3Q Dan Mabe, Finance&Administration 9 DIRECTORS Sheryl Belknap, Elementary CIT( OF MERIDIAN Jim Carberry, Secondary Christine Donnell, Personnel Doug Rutan, Special Services JOINT SCHOOL DISTRICT NO.2 PHONE (208) 888-6701 911 MERIDIAN STREET • MERIDIAN, IDAHO 83642 February 4, 1994 City of Meridian 33 East Idaho Meridian, Idaho 83642 RE: Hunts Bluff Subdivision Dear Councilmen: I have reviewed the application for Hunts Bluff Subdivision and find that it includes approximately 24 homes at the median value of $120,000. We also find that this subdivision is located in census tract 103.13 and in the attendance zone for Mary McPherson Elementary, Meridian Middle School and Meridian High School. Using the above information we can predict that these homes, when completed, will house 8 elementary aged children, 6 middle school aged children, and 6 senior high aged students. At the present time Meridian Elementary is at 113% of capacity, Meridian Middle is at 127% of capacity and Meridian High School is at 123% of capacity. The Meridian School District is not to opposed to growth in our district, however this subdivision will cause increased over- crowding in all three schools. There is little opportunity to shift attendance boundaries since the surrounding schools are also well over capacity. Before we could support this subdivision, we would need land dedicated to the district or at least made available at a minimum price for a school site in this area. The Je site ld would ld need to ter passndsewer anothers bonds issue available. for the addition 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. CCENTRAL 000 DISTRICT HEALTH DEPARTMENT Rezone # Conditional Use # Preliminary/ Final/ Short Plat REVIEW SHEET Environmental Health Division ❑ I. We have Objections to this Proposal. RECEIVED F E $ - 4 1994 CITY OF MERIDIAN Return to: ❑ Boise ❑ Eagle ❑ Garden city Meridian ❑ Kuna ❑ ACz ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ solid lava from original grade ❑ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ❑ 2 feet ❑ 4 feet ® 7. After written approval from appropriate entities are submitted, we can approve this proposal for: Ig central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ® central water ❑ individual sewage ❑ individual water 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines K central water 9. Street Runoff is not to create a mosquito breeding problem. ❑ 10. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 11. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 12. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store :�? f1r_ ' G "] 13. /% "7�3f✓`r r-�� Tii� zci. s .:, %moi;+ :S Date: ;� , t a , i a+ tiCc Ti ��� Reviewed By: fir, �-1 I ' % 11 i� J"''i � i''ti'+ +�•�'t=<: ��.� �; r ✓t . � j.t .�-1,' /�/� i� A) Al fti A I AJ / �— �� V.r,�1 'r_ i c O �f :_ fDHD 10/91 rcb, rev. 11/93 OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. GROOKSTON, JR., Attorney MEMORANDUM: " HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 8884433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor To; Mayor, City Council <�acFrom; Bruce Freckleton, Assistant to City Engineer Re; HUNTS BLUFF #2 SUBDIVISION (Final Plat) Dear Mayor, and Council Members; COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW WAYNE S. FORREY, AICP Planner & Zoning Administrator JIM JOHNSON Chairman - Planning & Zoning February 14, 1994 RECEI1VEi", FE 9 1 4 1994 CITY OF MERIDIAN I respectfully request that if it is your desire to approve this final plat application, that you do so with the condition that the City Engineer's Comments be met. I have not had adequate time to prepare thorough comprehensive comments for this project. Thank you for your consideration. Qece�v DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF HUNTS BLUFF NO. 2, SUBDIVISION THIS DECLARATION is made as of the%' day of , 1994, by FARWEST DEVELOPERS, INC., hereinafter referred to as "Declarant." RECITALS: A. Declarant Farwest Developers, Inc. is the owner of certain real property in Ada County, State of Idaho, more particularly described as follows: The West half of the West half of the Northwest quarter of the Northeast quarter of Section 19, Township 3 North, Range 1 East, Boise -Meridian, Ada County, Idaho. Except therefrom A parcel of land being a portion of the West half of the West half of the Northwest quarter of the Northeast quarter of Section 19, Township 3 North, Range 1 East, Boise - Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at a brass cap marking the quarter corner common to Sections 18 and 19, from which the section corner common to Section 18 and 19, Township 3 North, Range 1 East and Sections 13 and 24, Township 3 North, Range 1 West, bears South 89 degrees 43'43" West; Thence South 0 degrees 33'5" West along the North-South Centerline of Section 19 for a distance of 991.66 feet to a point on the centerline of the Eight Mile Lateral, of the Nampa -Meridian Irrigation District, as described in that document recorded with Instrument No. 7603075, said point also being the True Point of Beginning; Thence along a curve to the left, being the Centerline of said Eight Mile Lateral, for a distance of 21.43 feet, said curve having a central angle of 13 degrees 38'43", a radius DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 1 C of 90.00 feet, tangents of 10.77 feet and a chord length of 21.38 feet bearing South 62 degrees 31'09" East; Thence continuing along said centerline for the next 2 courses; South 69 degrees 20'30" east for a distance of 67.50 feet; Thence south 76 degrees 15'18" East for a distance of 255.14 feet; Thence leaving said centerline, sough 0 degrees 34'37" West for a distance of 238.02 feet, to a point on the East- West centerline of the Northeast quarter of Section 19; Thence along said East-West centerline south 89 degrees 45'52" West for a distance of 330.87 feet, to an iron pin marking the center north 1/16 corner of Section 19; Thence along the North-South centerline of said Section 19, North 0 degrees 33'55" East for a distance of 333.69 feet to the True Point of Beginning. The above described parcel of real property is hereinafter referred to as the "Subject Property." B. Declarant desires to impose upon Subject Property certain protective covenants, conditions, restrictions, reservations, easements, liens and charges for the benefit of Subject Property and all present and subsequent owners thereof, and all conveyances of Subject property or any part thereof shall be subject to this Declaration; NOW, THEREFORE, Declarant hereby imposes upon Subject Property the following easements, conditions, covenants, restrictions and reservations which shall run with Subject Property and be binding upon all parties now or hereafter having any DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 2 right, title or interest therein or to any part thereof, and shall inure to the benefit of each owner thereof. ARTICLE l: DEFINITIONS. The following terms shall have the following meanings: 1.1 "Association" shall mean and refer to Hunts Bluff No. 2 Subdivision Homeowners' Association, Inc., a nonprofit corporation organized under the laws of the State of Idaho, its successors and assigns. 1.2 "Subject Property" shall mean the property defined as Subject Property in the recitals above. 1.3 "Lot(s)- shall mean and refer to the plots or tracts of land comprising Subject property, designated by lot numbers on the plat, or any resubdivision thereby. 1.4 "Owner" shall mean and refer to the record owner of fee simple title to any Lot, excluding those record owners having title merely for security for the performance of an obligation. 1.5 "Declaration" shall mean this Declaration. 1.6 "Dwelling Unit" shall mean that portion or part of any structure intended to be occupied as a single-family residence, together with the vehicular parking garage next to such dwelling unit and all projections therefrom. 1.7 "Mortgage" shall mean any mortgage, deed of trust, land sale contract or other security instrument by which a Lot is encumbered. 1.8 - "Mortgagee" shall mean any person or the successor to any person named as the mortgagee, beneficiary, seller or creditor under a Mortgage. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 3 (f) No equipment, motor homes, trailers, boats, camper, recreational 11� 6.5 Fences. No fence or wall of any kind shall be constructed on a Lot unless the plans and specifications therefore, including the location, design, material and color thereof, have been approved in writing by the ACC prior to the construction or installation. All fences and/or walls constructed on a Lot shall be in compliance with the applicable ordinance of the City of Meridian, Idaho. All fences and walls shall be subject to the following restrictions: (a) No fence or wall shall be permitted to be constructed or installed on any portion of a berm constructed by the Declarant in Hunts Bluff No. 2 Subdivision. (b) Fences and walls shall not extend closer to any street than twenty feet (201 nor project beyond the setback of the principal building on the Lot. No fence higher than six feet (61 shall be allowed without the prior approval of the City of Meridian (if required) and the ACC. (c) All fences and walls shall be constructed and installed and maintained in good appearance and condition at the expense of the owner of the Lot on which they are located and all damaged fencing and walls shall be repaired or replaced to original design, materials and color within a reasonable time after said damage occurs. (d) No fence or wall shall interfere with the use and enjoyment of any easement reserved in this Declaration of Covenants, Conditions and Restrictions or shown on the recorded subdivision plat of the property. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 10 n (e) No fence, wall, hedge, high planting, obstruction or barrier shall be allowed which would unreasonably interfere with the use and enjoyment of neighboring Lots and streets, and shall not be allowed if the same constitute an undesirable, noxious or nuisance effect upon neighboring Lots. 6.6 Landscaping. The following provisions shall govern the landscaping of Lots within Hunts Bluff No. 2 Subdivision: (a) The owner shall prepare a landscape plan and shall submit the same to the ACC. The ACC shall approve in writing said landscape plan prior to the installation and/or construction of landscaping on a Lot. Landscaping of a lot shall be in accordance with the approved plan. (b) All required landscaping on a Lot shall be installed within thirty (30) days after substantial completion of the Building on the Lot, with a reasonable extension allowed for weather. (c) The initial landscaping shall include, as a minimum, sod in the front and side yards, sod or grass seeded in the rear yards, two (2) flowering trees of at least two inch (2") caliper or one (1) pine tree of at least six feet (6') in height and one (1) flowering tree of at least two inch (2") caliper in the front yard, three (3) -five (5) gallon plants and five (5) -one (1) gallon shrubs in the front yard. The use of berms and sculptured planting areas are encouraged. ARTICLE 7: ARCHITECTURAL CONTROL 7.1 . Plans. No Dwelling Unit, building, fence, wall or other structure or substantial landscaping or screening planting shall be undertaken, erected or DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 11 maintained upon any Lot, nor shall any exterior addition to or change or alteration therein be made until plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to and approved in writing by the ACC. 7.2 Exterior Materials and Colors. All exterior materials and colors shall be selected and used which are approved by the ACC and which are compatible with other Buildings on the Lot and on neighboring Lots to the end that all such Buildings will present a unified and coordinated appearance. All exterior finishes and/or colors shall be earthtone, including subtle blue and gray tones, as approved by the ACC. Each house shall include some brick, stone stucco or other distinctive design features on the front exposure. No gravel roofs shall be permitted. Roofs shall be a minimum of 5/12 pitch with either cedar shake shingles or Pabco Premiere Architectural 25 year (or better) dimensional Asphalt shingles, weathered wood and driftwood color or as approved by the ACC, except Lots 26-31, Block 1, which shall have cedar shake shingles. 7.3 Vehicles. The use of all vehicles, including but not limited to automobiles, trucks, bicycles and motorcycles shall be subject to ACC rules, which may prohibit or limit the use thereof within Hunts. Bluff No. 2 Subdivision, provide parking regulations and other rules regulating the same. 7.4 Exterior Energy Devices. All energy production devices including, but not limited to, generators of any kind and solar energy devices, shall not be constructed DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 12 A41WA-1 10-N or maintained on any Lot without the prior written approval of the ACC, except for heat pumps or similar appliances shown on the.plans approved by the ACC. 7.5 Mailboxes. No free-standing mailboxes shall be constructed or installed on any Lot without the prior written approval of the plans approved by the ACC. 7.6 Signs. No commercial billboard or advertising shall be displayed to the public view on or from any Lot. Owners may advertise a dwelling unit and Lot for rent or for sale by displaying a single, neat, reasonable sized vacancy sign or "For Sale" sign thereon. Signs advertising the name of the builder and the name of the institution providing financing therefore may be displayed on a Lot during construction of the Improvements. Lighted, moving or flashing signs for any purposes are prohibited. Directional signs may be used to give directors to traffic or pedestrians or give special instructions. Any directional or identification sign in Hunts Bluff No. 2 Subdivision shall be permitted, provided the same is approved in writing by the ACC prior to installation. 7.7 Adoption of ACC Rules/ACC Standards. The Declarant, or in the event of the Declarant's failure to do so, the Board, shall have the power to promulgate ACC Rules/ACC Standards relating to the planning, construction, alteration, modification, removal or destruction of Improvements within the Property deemed necessary or desirable by the Declarant, or the ACC, consistent with the provisions of this Declaration. 7.8 Certification by Secretary. The secretary of the Association shall, upon written request, certify that improvements upon any Lot comply with this Declaration DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 13 and have been duly approved by the ACC, or in the event said building or other improvements do not so comply, specifying the extent of ,noncompliance. ARTICLE 8: ARCHITECTURAL CONTROL COMMITTEE. 8.1 Members ofht a Committee. The Architectural Control Committee shall be comprised of at least three (3) persons, all of whom shall be appointed as herein provided. A member of the ACC shall hold office until he has resigned or has been removed, but in any event, until said member's successor has been appointed. Members of the ACC may be removed at any time, with or without cause. 8.2 Appointment. So long as the Declarant owns any lot or parcel within the Property, the Declarant shall have the sole right to appoint and remove all members of the ACC. Thereafter, all members of the ACC shall be appointed or removed by the Board. The ACC shall have the right by a resolution in writing unanimously adopted, to designate one (1) of its members to take any action or perform any duties for and on behalf of the ACC. In the absence of such designation, the vote of any two (2) members of the ACC shall constitute an act of the ACC. 8.3 Aggroval Reguired. No construction, alteration, modification, removal or destruction of any Improvements of any nature whatsoever, whether real or personal in nature, shall be initiated or be permitted to continue or exist within Hunts Bluff No. 2 Subdivision without the prior express written approval of the ACC. 8.4 Variances. The ACC may authorize variances from compliance with requirements of any conditions and restrictions contained in this Declaration, the ACC DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 14 Rules/ACC Standards, or any prior approval when, in the sole discretion of the ACC, circumstances such as topography, natural obstructions, aesthetics or environmental considerations or hardship may so require. Such variance must be evidenced in writing signed by at least two (2) members of the ACC. If a variance is granted as provided herein, no violation of this Declaration, ACC Rules/ACC Standards or prior approval shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration or the ACC Rules/ACC Standards for any purpose except as to the particular subject matter of the variance thereof and the specific Lot covered thereby. The ACC shall have the right to consider and grant a variance as herein provided either with or without notice to other Owners or a hearing of Owners thereon. The granting of a variance by the ACC pursuant to this Section shall not relieve the Owner from the obligation to fully comply with applicable ordinances of the City of Meridian, Idaho. 8.5 Apali_ ^ cation. To request ACC approval for the construction, alteration, modification, removal or demolition of any improvements within the property, the owner shall submit a written application in a form required by the ACC which must be signed by the Owner and contain all information requested and be accompanied by all other material to be submitted as hereafter provided. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 15 n All applications must contain, or have submitted therewith, the following material (collectively called "Plans and Specifications") prepared in accordance with acceptable architectural standards and submitted with the application form, if any, approved by the ACC: (a) Site Plan. A site plan showing the location of the Building(s) and all other structure and improvements including fences and walls on the Lot, Lot drainage and all set backs, curb cuts, driveways, parking areas and other pertinent information relating to the improvements. (b) Building Plan. A building plan which shall consist of preliminary or final blueprints, elevation drawings of the north, south, east and west sides, and detailed exterior specifications which shall include, by sample if required by the ACC, all exterior colors, materials and finishes, including roof, to be used. (c) Landscape Plan. A landscape plan for portions of the Lot to be landscaped which shall show the location, type and size of trees, plants, ground cover, shrubs, berming and mounding, grading, drainage, sprinkler system, fences, freestanding exterior lights, driveways, parking areas and walkways. The ACC may, in its discretion, require the Owner to furnish additional materials and the materials submitted therewith and in reaching a decision thereon, the ACC shall use its best efforts and judgment to assure that all improvements shall produce and contribute to an orderly and aesthetically complementary design and appearance and be of the quality required to maintain Hunts Bluff No. 2 Subdivision as a quality residential development. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 16 The ACC shall promptly review and approve or disapprove in writing all submitted plans, and if plans have not been disapproved within thirty (30) days after they have been submitted in writing to the president of the Association or any member of the ACC, such plans shall be deemed approved. ARTICLE 9: GENERAL PROVISION. 9.1 Enforcement. The Association, any Owner, or any First mortgagee shall have the right to enforce, by proceedings of law or in equity, the terms and provisions of this Declaration. Failure by the Association or any Owner to enforce any covenant or restriction contained herein shall in no event be deemed a waiver of the right to do so thereafter. 9.2 Severability. Invalidation of any one of these covenants or restrictions shall in no way affect other provisions which shall remain in full force or effect. 9.3 Term. This Declaration shall run with the land and shall inure to the benefit of and be enforceable by the Association, the Owner of any Lot, and any First Mortgagee as provided herein, and their respective legal representatives, heirs, successors, grantees, and assigns, for a term of forty (40) years from the date of this Declaration. 9.4 Amendments. Except as otherwise provided herein, any of the covenants and restrictions of this Declaration, except the easements herein granted for utilities and water distribution facilities, may be amended by an instrument signed by members entitled to, cast not less than sixty-six and two-thirds (66-2/3) of the votes of the membership. Any amendment must be recorded. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 17 IN WITNESS WHEREOF, the Declarant has set his hand and seal as of the date and year first above written. STATE OF IDAHO ss. County of Ada FARWEST DEVELOPERS, INC. F T.;0, �,•President On this ;?4 day of April, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared MARTY GOLDSMITH, known and identified to me to be the President of the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 18 Notary Publip.Aor Idaho Residing at I , Idaho Commission expires: / — 1 t4; DECLARATIO N OF COVENANTS, CONI)rnui+tS AND RESTRICTIONS OF BUNTS BLUFF NO. 2 SUBDIVISION - , 1994, by THIS DECLARATION is made as of the day of FARWES T DEVELOPERS, INC., hereinafter referred to as "Declarant." uEQgALS: A. Declarant Farwest Developers, Inc. is the owner of certain real property in Ada County, State of Idaho, more particularly described as follows: The West half of the West half of the on SNthesesTownship quarter Nor of the Northeast Bo searteMeridianr of t'Ada County, Idaho. Range 1 East, Except therefrom A parcel of land being a portion of the West half oft e West half of the Northwest quarter ip 3 / fthe Rangeo 1 heast East,gBoiser M Section Ada' County, Idaho and being more particularly Meridian, described as follows: Commencing at a brass cap marking the quarter corner common to Sections 18 and 19, dfrom , T w�sh,Pesection 3 North, corner common to Section 18 Range 1 East and Sections 13 and 24, 43'43„ 3 North, Range 1 West, bears South 89 degrees Thence South 0 degrees 33'5" West along of991 66 feet to a the North-South Centerline of Section 19 for a distance point on the centerline of the Eight aMilee La ib di ral, of the that Nampa -Meridian Irrigation District, Instrument No. 7603075, said document recorded with point also being the True Point of Beg e of Thence along a curve to the left, beoft21.43 feethe , curve said Eight Mile Lateral, for a distance curve having a central angle of 13 degrees 38'43", a radius DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 1 w ! 1 of 90.00 feet, tangents of 10.77 feet and a chord length of 21.38 feet bearing South 62 degrees 31'09" East; Thence continuing along said centerline for the next 2 courses; South 69 degrees 20'30" east for a distance of 67.50 feet; Thence south 76 degrees 15'18" East for a distance of 255.14 feet; - Thence leaving said centerline, sough 0 degrees h 4'37" West for Norh2 feet, to a heast quarterpoint on of Section 19; East- West centerline of the Thence along said East-West centerline south 89 degrees 45'52" West for a distance1 f 330.87corner offeet, t oa 1 iron pin marking the center north / Thence along the North-South centerline of said Section 19, North 0 degrees 33'55" East for a distance of 333.69 feet to the True Point of Beginning. The above described parcel of real property is hereinafter referred to as the "Subject Property." upon Subject Property certain protective B. Declarant desires to impose covenants, conditions, restrictions, reservations, easements, liens and charges for the benefit of Subject Property and all present and subsequent owners thereof, and all conveyances of Subject property or any part thereof shall be subject to this Declaration; ereby .imposes upon Subject Property the NOW, THEREFORE, Declarant h in easements, conditions, covenants, restrictions and reservations which shall follow 9 run with Subject Property and be binding upon all parties now or hereafter having any DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 2 right, title or interest therein or to any part thereof, and shall inure to the benefit of each owner thereof. ARTICLE 1: DEFINI'T'ION S . The following terms shall have the following meanings' shall mean and refer to Hunts Bluff No. 2 Subdivision 1.1 "Association' Homeowners' Association, Inc., a nonprofit corporation organized under the laws of the State of Idaho, its successors and assigns. Subject Property 1.2 "Subject Property" shall mean the property defined as in the recitals above. rising 1.3 "Lot(s)" shall mean and refer to the plots or tracts of land comp desi nated by lot numbers on the plat, or any resubdivision thereby. Subject property, 9 le title to 4 "Owner" shall mean and refer to the record owner of fee simp 1• for the any Lot, excluding those record owners having title merely for security performance of an obligation. 1.5 "Declaration"shall mean this Declaration. . ortion or part of any structure intended 1.6 "Dwelling Unit" shall mean that p a sin le -family residence, together with the vehicular parking garage to be occupied as 9 next to such dwelling unit and all projections therefrom. " e" shall mean any mortgage, deed of trust, land sale contract 1.7 Mortgag or other security instrument by which a Lot is encumbered. ee" shall mean any person or the successor to any person 1 •g "Mortga 9 mortgageebeneficiary, seller or creditor under a Mortgage. named as the , DECLARATION AND RESTRICTIONS CONDITION - 3 1,g "First Mortgage" shall mean any Mortgage possessing or holding a lien on a Lot or any part thereof prior to any other Mortgage. 1.10 "First Mortgagee" means Mortgagee who holds a First Mortgage. 1.11 "Building" includes any Dwelling Unit, house, garage, or any other partially or fully enclosed building, shed or other structure, consisting of one or more walls or roof. A building includes barns, sheds, animal enclosures which have a partial or full roof impervious to water in whole or in part, and similar structures. 1.12 "Nonconforming Building" includes any building legally existing and/or used as of the date of this Declaration which does not conform with the building restrictions set forth in Article 6 of this Declaration. 1. 13 "Plat" shall mean and refer to that certain plat of Hunts Bluff No. 2 on to be recorded in the Ada County Recorder's office, which plat covers and Subdwisi subdivides all of Subject Property. 1.14 "ACC" shall mean the Architectural Control Committee. ARTICLE 2: ASSOCIATION MEMBERSHIP 2.1 Each Owner shall be a member of the Association, except the owners of Lots 15, 17 and 18, Block 1. Membership shall be appurtenant to and may not be separated from ownership of any Lot. Ownership shall be the sole qualification for shi and shall automatically commence when a person becomes such Owner member p and shall automatically terminate when such ownership is conveyed or transferred. nl one membership for each Lot, except Lot 15, 17 and 18, Block 1 There shall be o y which shall have no membership associated with their ownership. If there are multiple DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 4 Owners of a Lot, the Owners shall, by written instrument filed with the Association, desi nate the individual entitled to exercise the privileges of Membership. g ARTICLE 3: VOTING RIGHTS 3.1 There shall be one vote for each membership and one membership for each Lot. Each membership shall be entitled to one vote for each Lot owned, except Lots 15, 17 and 18, Block 1 which Lots shall not have memberships. ARTICLE 4: ASSESSMENTS 4.1 Each Owner, by acceptance of the deed therefore (whether or not it shall be so expressed in such deed) is deemed to covenant and agree to pay to the Association special assessments should the Association levy such assessments from time to time- ecial assessments, together with interest, costs of collection and If assessed, s p 'e attorney fees shall be a charge on the Lot and shall be a continuing lien reasonab� upon the Lot against which such assessment is made. Each such assessment, h interest, costs of collection and reasonable attorney fees, shall also be together with . obligation of the Owner. at the time when the assessment fell due. The the personal 9 obligation shall remain a lien on the Lot until paid or foreclosed, but shall not be a personal obligation of successors -in -title, unless expressly assumed. 4.2 Pur ose of Assessments. The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 5 n n and welfare of the residents of Subject Property and to carry out the objectives and purposes of the Association. Notice and Quorum for S ecial Assessment. Written notice of any 4.3 meeting called for the purpose of making a special assessment shall be sent to all n members not less than twenty (20) days in advance of such meeting. Associatio _ Such notice shall specifically indicate that a special assessment is to be considered at etin . A quorum of not less than a majority of the members entitled to vote such me 9 shall be required at such meeting whether in person or by proxy. 4 4 Uniform Rate of Assessment. Special assessments must be fixed in an nt for each Lot. All special assessments shall equally apply to all Lots, and equal amou Lot is no special rate or reduction in assessment rate shall be allowed because any unimproved or does not have a Dwelling Unit thereon. 4 5 Effective Non a ment of Assessments- Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of twelve percent (12%) per annum. The Association brin an action against the Owner personally obligated to pay the same, or may 9 foreclose the lien against the Lot or Lots of the Owner. 4.6 S ubordination to the Lien of Mort a e. The lien of assessments provided Sale or transfer of for herein shall be subordinate to the lien of any First Mortgage. any Lot shall not affect the assessment lien, but the sale or transfer of any Lot pursuant to a Mortgage foreclosure, if the Mortgage is held by any person other than DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 6 aprior Owner of the Lot, shall extinguish the lien of such assessments as to payments which have become due prior to such sale or transfer. ARTICLE 5: PROPERTY USE RESTRICTIONS 5.1 The following restrictions shall be applicable to Subject Property and shall be for the benefit of and limitation upon all present and future Owners of Lots, or any interest therein, and the Association, which is hereby empowered, in addition to each Owner, to enforce the same: (a) Each Lot shall be used only for single family residential purposes, except tots 15, 17 and 18, Block 1. ock 1 are common areas and shall be owned (b) Lots 15, 17 and 18, Bl and maintained by the Association, used as a buffer area for lawn and landscaping purposes. (c) No lot may be further subdivided. (d) No animals, livestock, birds, insect or poultry of any kind shall be raised, bred, or kept on any lot, except that no more than two (2) domesticated dogs and/or cats or other small household pets which do not unreasonably bother or constitute a nuisance to others may be kept, provided that they are not kept, bred or maintained for any commercial purpose. Dogs and other similar pets shall be on a leash when not confined to an owner's lot. (e) All garbage, refuse and animal waste shall be properly and cleaned and stored and appropriately removed from each Lot so as to promptly prevent unsightliness, or unnecessary or unreasonable odors. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 7 (f) No equipment, motor homes, trailers, boats, camper, recreational vehicles, and other mobile equipment, trailers, implements, and vehicles (excluding automobiles) of all kinds or nature shall be parked or stored on any Lot, unless such losed from view, or unless the ACC has otherwise items are fully screened or enc approved the location an screening of said items. No commercial vehicle, trucks with a capacity in excess of one (1) ton, shall be parked or stored upon any Lot or et whether public or private, within the subdivision. No inoperable vehicles shall stre , bearked or stored in any public or private street, and all such vehicles shall be P parked or concealed in the rear of the Lot, behind the rear line of any Dwelling Unit. (g) No truck, truck camper, tent, garage, barn, shack or other outbuilding or vehicle shall at any time be used as a residence or living place on any part of subject property. (h) No noxious, offensive or unsightly conditions shall be permitted upon any part of any Lot, nor shall anything be done thereon which may be or become an annoyance or a nuisance to the neighborhood. (i) Any lease allowing occupancy or residence in any Dwelling Unit, or use of any portion of any Lot within Subject Property, shall be subject in all respects to this Declaration. ARTICLE 6. BUILDING RESTRICTIONS 6.1 Mobile Homes. No mobile home, prefabricated home, trailer, modular home, or other pre -built or premanufactured home shall be allowed on any Lot. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 8 6.2 Dwellino Unit Size. No Dwelling Unit shall be constructed or placed on any Lot containing a total floor area on all floors intended and suitable for use as living 9 area, not including a arage, of less than 1,600 square feet, measured from the outside of the exterior walls, or with a ground floor area of less than 950 square feet. in floor area, basement space or any floor with a finished elevation more In comput g _ r of the surrounding area shall not be than three feet below the natural contou included. No Building shall exceed two and one-half stories or 28 feet in height unless approved by the ACC. In granting or withholding such approval, the ACC shall consider the adverse effect of height on other properties within the subdivision and SUCK other facts as may be reasonable. Each dwelling unit shall have an attached or detached fully enclosed garage adequate for a minimum of two (2) standard size automobiles. No carport shall be allowed. G.3 Construction of Buildin tion work on Dwelling units shall s. All construc tt and continuously pursued, and shall be completed within nine (9) months be diligently prevented by weather, acts of God, strikes, from the date construction started unless shortages, or other causes beyond the reasonable control of the Owner (not material 9 including financial causes). 6.4 Outbuildinos. Outbuildings, separate garages, sheds and shelters may d only simultaneously with or after a Dwelling Unit has been constructed be constructs Y on the Owner's Lot. All such buildings shall be constructed only after approval thereof by the ACC All outbuildings shall be constructed of similar or compatible exterior materials with the Dwelling Unit so as to be aesthetically compatible therewith. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 9 ces. No fence or wall of any kind shall be constructed on a Lot unless 6.5 Fe_ the plans and specifications therefore, including the location, design, material and ed in writing by the ACC prior to the construction or color thereof, have been approv Lot shall be in compliance with installation. All fences and/or walls constructed on a the applicable ordinance of the City of Meridian, Idaho. All fences and walls shall be subject to the following restrictions: (a) No fence or wall shall be permitted to be constructed or installed on any portion of a berm constructed by the Declarant in Hunts Bluff No. 2 Subdivision. (b) Fences and walls shall not extend closer to any street than twenty 20') nor project beyond the setback of the principal building on the Lot. No feet ( nce hi her than six feet (6') shall be allowed without the prior approval of the City fe 9 of Meridian (if required) and the ACC. (c) All fences and walls shall be constructed and installed and dition at the expense of the owner of the Lot maintained in good appearance and con on which they are located and all damaged fencing and walls shall be repaired or replaced to original design, materials and color within a reasonable time after said damage occurs. or wall shall interfere with the use and enjoyment of any (d) No fence easement reserved in this Declaration of Covenants, Conditions and Restrictions or shown on the recorded subdivision plat of the property. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 10 (e) No fence, wall, hedge, high planting, obstruction or barrier shall ment of be allowed which would unreasonably interfere with the use and enjoy neighboring Lots and streets, and shall not be allowed if the same constitute an undesirable, noxious or nuisance effect upon neighboring Lots. f 6.6 Landsca ing. -The following provisions shall govern the landscaping o Lots within Hunts Bluff No. 2 Subdivision: e a landscape plan and shall submit the (a) The owner shall prepar same to the ACC. The ACC shall approve in writing said landscape plan prior to the installation and/or construction of landscaping on a Lot. Landscaping of a lot shall be in accordance with the approved plan. (1 b All required landscaping on a Lot shall be installed within thirty (30) days after substantial completion of the Building on the Lot, with a reasonable extension allowed for weather. (c) The initial landscaping shall include, as a minimum, sod in the front yards, sod or grass seeded in the rear yards, two (2) flowering trees of at and side y , least two inch (2") caliper or one (1) pine tree of at least six feet (611 in height and one (1) flowering tree of at least two inch (2") caliper in the front yard, three (3)-five (5) gallon plants and five (5)-one (1) gallon shrubs in the front yard. The use of berms and sculptured planting areas are encouraged. ARTICLE 7: ARCHITECTURAL CONTROL 1 Plans. No Dwelling Unit, building, fence, wall or other structure or 7. — landscaping or screening planting shall be undertaken, erected or substantial DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 11 - maintained upon any Lot, nor shall any exterior addition to or change or alteration ntil plans and specifications showing the nature, kind, shape, height, therein be made u P roved in materials and location of the same shall have been submitted to and app writing by the ACC. E xterior Materials and Colors. All exterior materials and colors shall be 7.2 selected and used which are approved by the ACC and which are compatible with ildin s on the Lot and on neighboring Lots to the end tnat all such Buildings other Bu 9 will present a unified and coordinated appearance. IAll exterior finishes and/or colors shall be earthtone, including subtle blue and gray tones, as approved by the ACC. Each house shall include some brick, stone stucco or other distinctive design features on the front exposure. No gravel roofs shall be permitted. Roofs shall be a minimum f 5/12 itch with either cedar shake shingles or Pabco Premiere Architectural 25 year o P or better) dimensional Asphalt shingles, weathered wood and driftwood color or as ved b the ACC, except Lots 26-31, Block 1, which shall have cedar shake appro Y shingles. _ Vehicles. The use of all vehicles, including but not limited to 7.3 Veh trucks, bicycles and motorcycles shall be subject to ACC rules, which automobiles, may prohibit or limit the use thereof within Hunts Bluff No. 2 Subdivision, provide parking regulations and other rules regulating the same. 7.4 Exterior Energy Devices. All energy production devices including, but not limited to, generators of any kind and solar energy devices, shall not be constructed DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 12 or maintained on any Lot without the prior written approval of the ACC, except for s or similar appliances shown on the plans approved by the ACC: heat pum P Mailboxes. No free-standing mailboxes shall be constructed or installed 7.5 _-- — on any Lot without the prior written approval of the plans approved by the ACC. ,g Si ns. No commercial billboard or advertising shall be displayed to the public view on or from any Lot. Owners may advertise a dwelling unit and Lot for rent or for sale by displaying a single, neat, reasonable sized vacancy sign or "For Sale" in thereon. Signs advertising the name of the builder and the name of the institution sg providing financing therefore may be displayed on a Lot during construction of the Im rovements. Lighted, moving or flashing signs for any purposes are prohibited. P Directional signs may be used to give directors to traffic or pedestrians or give special instructions. Any directional or identification sign in Hunts Bluff No. 2 Subdivision shall be permitted, provided the same is approved in writing by the ACC prior to installation. 7.7 Adoption of ACC Rules ACC Standards. The Declarant, or in the event of the Declarant's failure to do so, the Board, shall have the power to promulgate ACC Rules/ACC Standards relating to the planning, construction, alteration, modification, removal or destruction of improvements within the Property deemed necessary or desirable by the Declarant, or the ACC, consistent with the provisions of this Declaration. 7,8 Certification by Secretarti. The secretary of the Association shall, upon written request, certify that improvements upon any Lot comply with this Declaration DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 13 and have been duly approved by the ACC, or in the event said building or other improvements do not so comply, specifying the extent of noncompliance. ARCHITECTURAL CONTROL COMMITTEE. ARTICLE 8: 8.1 Members of the Committee. The Architectural Control Committee shall f at least three (3) persons, all of whom shall be appointed as herein be comprised o _ provided. A member of the ACC shall hold office until he has resigned or has been removed, but in any event, until said member's successor has been appointed. Members of the ACC may be removed at any time, with or without cause. 8.2 Appointment. So long as the Declarant owns any lot or parcel within the Property, the Declarant shall have the sole right to appoint and remove all members of the ACC. Thereafter, all members of the ACC shall be appointed or removed by the Board. The ACC shall have the right by a resolution in writing unanimously adopted, to designate one (1) of its members to take any action or perform any duties for and on behalf of the ACC. In the absence of such designation, the vote of any two (2) members of the ACC shall constitute an act of the ACC. 8.3 ennroyal Required. No construction, alteration, modification, removal or n of an Improvements of any nature whatsoever, whether real or personal destruction Y in nature, shall be initiated or be permitted to continue or exist within Hunts Bluff No. 2 Subdivision without the prior express written approval of the ACC. 8,4 _Variances. __. The ACC may authorize variances from compliance with requirements of any conditions and restrictions contained in this Declaration, the ACC DECLARATION OF COVENANTS, CGNDITIONS AND RESTRICTIONS - 14 Rules/ACC Standards, or any prior approval when, in the sole discretion of the ACC, circumstances such as topography, natural obstructions, aesthetics or environmental Such variance must be evidenced in considerations or hardship may so require. i writing signed by at least two (2) members of the ACC. nce is granted as provided herein, no violation of this Declaration, ACC 1f a vara _ Rules! ACC Standards or prior approval shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance erate to waive any of the terms and provisions of this Declaration or the shall not o P ACC Rules/ACC Standards for any purpose except as to the particular subject matter of the variance thereof and the specific Lot covered thereby. The ACC shall have the right to consider and grant a variance as herein provided either with or without notice to other Owners or a hearing of Owners thereon. CC pursuant to this Section shall not relieve The granting of a variance by the A mply with applicable ordinances of the City the Owner from the obligation to fully co of Meridian, Idaho. 8.5 A lication. To request ACC approval for the construction, alteration, modification, removal or demolition of any improvements within the property, the owner shall submit a written application in a form required by the ACC which must be d b the Owner and contain all information requested and be accompanied by all signe Y other material to be submitted as hereafter provided. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 15 All applications must contain, or have submitted therewith, the following material (collectively called "Plans and Specifications") prepared in accordance with acceptable architectural standards and submitted with the application form, if any, approved by the ACC: (a) Site Plan. A site plan showing the location of the Building(s) and all other structure and improvements including fences and walls on the Lot, Lot drainage and all set backs, curb cuts, driveways, parking areas and other pertinent information relating to the improvements. (b) Buildinct Plan. A building plan which shall consist of preliminary or final blueprints, elevation drawings of the north, south, east and west sides, and detailed exterior specifications which shall include, by sample if required by the ACC, all exterior colors, materials and finishes, including roof, to be used. (c) Landscape Plan. A landscape plan for portions of the Lot to be landscaped which shall show the location, type and size of trees, plants, ground cover, shrubs, berming and mounding, grading, drainage, sprinkler system, fences, freestanding exterior lights, driveways, parking areas and walkways. uire the Owner to furnish additional materials The ACC may, in its discretion, req and. the materials submitted therewith and in reaching a decision thereon, the ACC shall use its best efforts and judgment to assure that all improvements shall produce and contribute to an orderly and aesthetically complementary design and appearance and be of the quality required to maintain Hunts Bluff No. 2 Subdivision as a quality residential development. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 16 The ACC shall promptly review and approve or disapprove in writing all and if plans have not been disapproved within thirty (30) days after submitted plans member they have been submitted in writing to the president of the Association or any of the ACC, such plans shall be deemed approved. ARTICLE 9: GENERAL PROVISION. 9.1 Enforcement. The Association, any Owner, or any First mortgagee shall have the right to enforce, by proceedings of law or in equity, the terms and provisions of this Declaration. Failure by the Association or any Owner to enforce any covenant or restriction contained herein shall in no event be deemed a waiver of the right to do so thereafter. any one of these covenants or restrictions 9,2 Severability. Invalidation of shall in no way affect other provisions which shall remain in full force or effect. 9,3 Term. This Declaration shall run with the land and shall inure to the benefit of and be enforceable by the Association, the Owner of any Lot, and any First a ee as provided herein, and their respective legal representatives, heirs, Mort g 9 successors, grantees, and assigns, for a term of forty (40) years from the date of this Declaration. herwise provided herein, any of the covenants 9.4 Amendments. Except as ot and restrictions of this Declaration, except the easements herein granted for utilities and water distribution facilities, may be amended by an instrument signed by members entitled to cast not less than sixty-six and two-thirds (66-2/3) of the votes of the membership. Any amendment must be recorded. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 17 W2 IN WITNESS WHEREOF, the Declarant has set his hand and seal as of the date and year first above written. FARWEST DEVELOPERS, INC. By MARTY GOLDSMITH, President STATE OF IDAHO ) ss. County of Ada ) On this day of April, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared MARTY GOLDSMITH, known and identified to me to be the President of the corporation that executed xed the and instrument acknowledged rthe person who execut ed the 10ntrument on behalf of execut d the same. sadcorporation, to me that such corpora 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) DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 18 Notary Public for Idaho Idaho Residing at Commission expires: