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
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' 33 E. Wi Meridiah;'10 536gI
187-2211 • ;Inspection Line,887 115,
ELECTRICAL PERMIT '. 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
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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
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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
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�thl for Preliminary Plat of Hunts Bluff #
�i$
sh generally located on Overland between
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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
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JAN -24-1994 16:43 AIR VAN N0. 2449 2083453813 P.04
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NOTICE OF HEARING
=NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the
a State of Idaho, that the City
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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
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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
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Z76'06
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PAY TO THE-
ORDER OF n
YA121
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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
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nis in n/A e ,
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205
92-1/1241
19
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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
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REA E _ .,'L PURCHASE AND BALE AGREEMENT AND F, ZIPT FOR EARNIT MONEY
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AND ANY A tNTE, CAF1tFULLY, btFORE tIONiNG`iP,',Y NAVE ANY OUEBTIONt, CONSULT YOUR EY BEFORg N
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U. TIME IS OF THE BOUNCE OF THIS AGREEMENT.
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Bi+YtrkyO AditW S..70 —
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)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
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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
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DBA FARWEST DEVELOPERS
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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
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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
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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
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/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)
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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
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CENTRAL
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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:
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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
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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.
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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
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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
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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
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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: