Loading...
Los Alamitos AZ PP (FKA Sagehen),~ MERIDIAN CITY COUNCIL MEETING: MARCH 15 1994 APPLICANT: G^vLDSMITH CHARTER AND AGENDA ITEM NUMBER: 1 ~ ROYLANCE AND ASSOCIATES REQUEST: PUBLIC HEARING ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR LOS ALAMITOS SUBD}VISION tFORMERLY SAGEHEN ESTATES} A EN Y COMMENTS CITY CLERK: CITY EINGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: 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: P~~'rl~?~~~ ~;Yr~~ren°~~,~- ,~yr ~ wµ ~~ DATE : ~ ~ ~ `95~ MERIDIAN ---:= AGcNDA ITEM NUMBER AGENCY MERIDIAN POLICE - MERIDIAN FIRE DEPT. - MERIDIAN CITY ENGINEER. - MERIDIAN ATTORNEY - MERIDIAN POST OFFICE - CITY ''~1NCIL APPLICANT: REQUEST : 4nri~~ ~'" " ('' -+^~-" ''^ pl a~ ~- ~ 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 - COMMENTS: _ ~ `" MERIDIAN PLANNLNG DIRECTOR - __ OTHER COMMENTS: DATE: .~.~ ~ ~ ~M~ERIDIAN AGcNDA ITEM NUMBS R AGENCY MERIDIAN POLICE - MERIDIAN FIRE DEPT. - COMMENTS: MERIDIAN CITY ENGINEER - MERIDIAN ATTORNEY - ~.~~r,-r~v~.i ~ ~~ 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 PLANNING DIRECTOR - CITY v~IINCIL APPLICANT : c`~'"' "' `~" ~"^ OTHER COMMENTS: Plo-nn~nq DATE; ~"~~5~_ ~9~YMEs~2'IDIAN Zo+ni+~1J ~. AGENDA ITEM NUMBER ~~ 1 (~~_" U ~0~_~ REQUEST:, C AGENCY COMMENTS: MERIDIAN POLICE - MERIDIAN FIRE DEPT. - MERIDIAN CITY ENGINEER - MERIDIAN ATTORNEY - ~~~~,',~1,,,; _ ~ ~"_~ ~'Q,C.~ ~' ~ ~L~.c.~ 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 PLANNING DIRECTOR - OTHER COMMENTS: ~~ BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION FARWEST DEVELOPERS ANNEXATION AND ZONING N 1/2 SW 1/4 OF SECTION 20, T.3 N., R.1 E., B.M. MERIDIAN. IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on December 14, 1993, 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 appearing through a representative, David Roylance, and in person and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for December 14, 1993, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the December 14, 1993, 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 FINDINGS OF FACT & CONCLUSIONS OF LAW Page 1 annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately 24.17 acres in size; it is in the North 1/2 of Southwest 1/4 of Section 20, Township 3 North, Range 1 East, Ada County, Idaho. 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. 4. The general area surrounding the property is used agriculturally and residentially; that much of the residential property to the west is zoned R-4 Residential but is developed at less density than allowed in the R-4 zone. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant is not the owner of record of the property but the owners of record, Gene A. Babbitt and Freda L Babbitt, have requested the annexation and consented to the Application. 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 parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. That the Application requests that the parcel be annexed and zoned R-4 Residential; that the applicant indicated that the intended development of the property is for single family dwellings; Applicant's representative stated at the hearing that a FINDINGS OF FACT & CONCLUSIONS OF LAW Page 2 n traffic study would be completed, there would be a landscaping berm along Locust Grove Road, there would be a perimeter fence, that Nine Mile Drain would be fenced, that the comments of the City Engineer would be met, and that there still was a question about pressurized irrigation. 10. That in the Rural Area section of the Comprehensive Plan, Section 6.3, it does state that land in agricultural activity should so remain in agricultural activity until urban services can be provided. 11. That the property can be physically serviced with City water and sewer. 12. Meridian Police Department, Meridian Fire Department, Meridian City Engineer,. Meridian School District, Ada County Highway District, the Central District Health Department, Nampa Meridian Irrigation District, Idaho Power, U. S. West, and the Meridian Planning Director submitted comments and such are incorporated herein as if set forth in full. 13. 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 FINDINGS OF FACT & CONCLUSIONS OF LAW Page 3 /'~ Meridian."; that the R-4 zoning district requires a minimum of 1,400 square feet to be included in houses in that zone. 14. That the Applicant submitted an application for preliminary plat along with the application for annexation and zoning which application included a preliminary plat. 15. That the land is across Locust Grove Road from that subdivision now in process of annexation and zoning known as Upland Meadows. 16. 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." 17. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.3 c., it states as follows: "Within the Urban Service Planning Area development may occur in densities as low as 3 dwellings per acre if physical connection is made to existing City of Meridian water and sewer service and the property is platted and subdivided . .' 18. 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." 19. That the Meridian Comprehensive Plan, under Population, FINDINGS OF FACT & CONCLUSIONS OF LAW Page 4 ~ ~ Housing Policies, at page 66, it states as follows:. "1.1 The City of Meridian intends to provide for a wide diversity of housing types (single-family, modular, mobile homes, multi-family, townhouses, apartments, condominiums." "1.3 An open housing market for all persons, regardless of race, sex, age, religion or ethnic background." "1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged." 20. That there is a population influx into the City of Meridian at the present time which has been going on for some time and is likely to continue; that the land is relatively close to Meridian and economic conditions are making it difficult to continue farming in the area. 21. Meridian Police Department, Nampa-Meridian Irrigation District, Ada County Highway District, Meridian Fire Department, Central District Health Department, Meridian School District, and submitted comments and such are incorporated herein as if set forth in full; that the Meridian City Engineer and the Meridian Planning Director submitted comments and they are incorporated herein as if set forth in full. 22. That the City Engineer previously submitted comment in a different application that a determination of ground water level and subsurface soil conditions should be made; he likewise commented for this Application that a determination of ground water level should be made. 23. That the Planning Director, Wayne Forrey, commented that the R-4 request complied with the Comprehensive Plan; that the Plan indicates an elementary school site is needed west of this FINDINGS OF FACT & CONCLUSIONS OF LAW Page 5 /`,~ / ~ subdivision near the center of Section 19 and that there may also be a need for an elementary school site near the center of Section 20; that as a condition of annexation, a development agreement will be required which will include an in-depth analysis by the Meridian School district and the Meridian Planning Director to determine the amount of land set aside in the northeast corner of this project for a future elementary school/park site. The Planning Director also stated that the preliminary plat needs to provide a stub street to access the undeveloped property on the north and south sides of this subdivision to provide access for future school and park needs; he also stated that this annexation request should be subject to impact fees for park, police, and fire services as determined by the City and described in a development agreement. 24. 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: Only Single Family Dwellings shall be permitted and no conditional uses shall be permitted except for Planned Residential Development and public schools. The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominately residential development has, or is likely to occur in accord with the Comprehensive Plan of 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 ) dwelling units per acre and requires connection to the Municipal Water arnd Sewer systems of the City of Meridian." 25. The Meridian School District submitted comment and such is incorporated herein as if set forth in full; its comment was that there is no excess capacity in the schools of the District and that residents of the new subdivision could not be assured of FINDINGS OF FACT & CONCLUSIONS OF LAW Page 6 ~ n attending the neighborhood schools; the School District asked for support for a development fee or a transfer fee to help offset the costs of building additional schools. 26. 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. 27. 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 FINDINGS OF FACT & CONCLUSIONS OF LAW Page 7 n possible would be retroactive and apply to all residential lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 28. 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." 29. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement." 30. 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;" 31. 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 FINDINGS OF FACT & CONCLUSIONS OF LAW Page 8 natural value, especially waterways, .drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 32. That Section 11-9-605 L states as follows: Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicycle-Pedestrian Desicrn Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 33. That there was testimony from Lidia Aguirre, John Shipley, Clifford Babbitt, and Frank Stoppello, adjacent property owners; Miss Aguirre desired less density, did not want to be landlocked and desired a stub road into her property; Mr Shipley was concerned about his cattle and children bothering them but he wanted to work with the Applicant; Mr. Babbitt desired that the drainage be fenced and desired pressurized irrigation and stated that he has cattle and wanted protection for them; Mr Stoppello stated he desired access and a stub road as part of the first phase of this development. 34. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. FINDINGS OF FACT & CONCLUSIONS OF LAW Page 9 /'~ n CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the city of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. 3. That the Planning and Zoning Commission has judged this annexation and zoning application under Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant with the consent of the titled owners and the annexation FINDINGS OF FACT & CONCLUSIONS OF LAW Page 10 ~ ~ 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, and 11-9-605 M. which pertains to the tiling of ditches and waterways. 10. That this Application has been submitted prior to the adoption of the proposed amendment to the Meridian Comprehensive Plan; that as a condition of annexation the Applicant, and titled owners, must agree that the Meridian Comprehensive Plan shall apply to the land and any development. 11. That the Applicant's property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. 12. That the requirements of the Meridian City Engineer, including those he specifically stated in his comments and those stated herein in these Findings and Conclusions, and of the Ada County Highway District, including the traffic study, Nampa & Meridian Irrigation District, Meridian Fire Department, Idaho Power, U. S. West, and the comments of the Meridian Planning Director shall be met and addressed in a development Agreement. 13. That all ditches, canals, and waterways shall be tiled as FINDINGS OF FACT & CONCLUSIONS OF LAW Page 11 ^ ,^ a condition of annexation and if not so tiled the property shall be subject to de-annexation; that if Nine Mile Drain is not tiled, it must be landscaped and improved as an aesthetic betterment for the subdivision to be constructed on the area to be annexed. 14. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation, the Applicant shall be require#d to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G 1, H 2, K, L and the comments of the Planning Director, Wayne Forrey; that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any impact, development, or transfer fee, adopted by the' City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de-annexation and loss of City services, if the requirements of this paragraph are not met. 15. That the house size requirements for the R-4 district shall apply. 16. That proper and adequate access to the property is available and will have to be maintained; that access to and for FINDINGS OF FACT & CONCLUSIONS OF LAW Page. 12 the adjacent property owners will have to be worked out and included in the development agreement, or the property will not be annexed or, if annexed, it will be de-annexed. 17. That these conditions shall run with the land and bind the applicant, the titled owners, and their assigns. 18. With compliance of the conditions contained herein, the annexation and zoning of R-4 Residential would be in the best interest of the City of Meridian. 19. That if these conditions of approval are net met the property shall be subject to de-annexation. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED VOTED VOTED VOTED FINDINGS OF FACT & CONCLUSIONS OF LAW Page 13 DECISION AND gECOl~IENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as stated above for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the Applicant and owners be specifically required to the all ditches, canals and waterways as a condition of annexation and that the Applicant meet all of the Ordinances of the City of Meridian, specifically including the development time requirements and entering into the required development agreement, and the conditions of these Findings and Conclusions of Law, and that if the conditions are not met that the property be de-annexed. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT & CONCLUSIONS OF LAW Page 14 MERIDIAN CITY COUNCIL MEETING: April 19 1994 APPLICANT: MARTY GOLDSMITH AGENDA ITEM NUMBER: REQUEST: PRELIMINARY PLAT LOS ALAMITOS SUBDIVISION -COMPLIANCE OF ITY E INEER MMENT REFER TO MARCH 15 1994 MEETING PACKET AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS re ~~ Z (~ ~'SC ~~~" ~ .S ~~ ~~lv ~ ~ ~Y , ~~,~'~' -~d~ fir; ~ Gil ~ ~~-~~ ~~.~~ ©f /~ ~~ ~~~r~~ C ~l2-rs ~~ `~,,,, e ~,, ~" ~~~~ ,,,,~p ~ ~p~ CY~° ~~ ~ c~~ OTHER: /~ r'"~ HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P-E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman -Planning & Zoning To: City Council and Mayor From: Wayne G. Crookston, Jr., City Attorney Date: March 20, 1995 RE: Non-Development Agreement for Los Alamitos Park Subdivision Phase 1 Please review these documents for your information to be discussed on Department Reports for City Council meeting Tuesday, March 21, 1995. ~.~~~ ~ ~~ ,s~ ~, ~°~~ . oa ~~ a~~~~ 1~k Post-it® Fax Note 7671 Date ='~,?.~~`~5 pa9es~ To r ~ ~ L From ~ ~~ - ~4s-,.~ '", ~ Co./Dept. Co. l_: Phone # Phone # Fax # "7 - , .. ~ ~ ~ ~ ~L Fax # ~~ ~1 NON DEVELOPMENT AGREEMENT This Agreement, made and entered into this day of 1995, by and between Farwest Developers, Inc., an Idaho Corporation, whose address is 4550 W. State Street, Boise, Idaho 83703, hereinafter called Developer, and the City of Meridian, a municipality of the State of Idaho, acting by and through its Council Members, hereinafter called City. WITNESSETH; Whereas, Developer is currently the Owner of all that certain real property more particularly described on Exhibit "A" to be platted and known as Los Alamitos Park Subdivision No. 1, Ada County, Idaho, hereinafter called Subdivision and, Whereas, Developer now desires to delay or withhold development of street, utility and lot improvements within Subdivision; Now, therefore, in consideration of the mutual covenants and agreements contained herein, the parties of this Agreement agree as follows: Developer hereby agrees that no improvements will be installed in Subdivision without the prior written permission of the City. If Developer desires to install any improvements in Subdivision, then Developer shall submit a written request to the City which shall contain a detailed description of said improvements and the estimated time and cost to complete such improvements. The City reserves the right to require an NON DEVELOPMENT AGREEMENT -- 1 ~\ ~~ irrevocable letter of credit or cash deposit in an amount sufficient to secure the full and adequate performance of Developer upon such stated improvements and detailed construction plans. Such irrevocable letter of credit or cash deposit will be figured at the prevailing construction costs determined by the City and provided by the Developer prior to the start of installation of construction improvements. Developer hereby agrees that when Developer does desire to proceed with lot improvements, said improvements shall meet the City standards and specifications in effect at that time. Developer further agrees not to sell any lots in Subdivision during the term of this Agreement, or until an irrevocable letter of credit or cash deposit has been issued and delivered to the City, or until said improvements of Subdivision are completed in accordance with the then current City standards and specifications. Developer acknowledges that this Agreement will be recorded with the County Recorder of Ada County, Idaho, to provide public notice to prospective purchasers of the temporary restraint on conveyance. At such time as this Agreement terminates, the City agrees to release Developer from such restraint, and to duly file and record with the County Recorder of Ada County, Idaho, an appropriate release. Developer and City specifically understand and agree that although for the purpose of this Agreement, the status of the undeveloped lots in Subdivision will be as though plats thereof had not been filed, this Agreement is not intended and does not affect City requirements heretofore complied with by the Developer and approvals obtained by Developer from City, except as expressly agreed to and contained in this NON DEVELOPMENT AGREEMENT -- 2 ~~ Agreement, and that City consents to the recording of the plat for the referenced subdivision but will otherwise not continue to proceed with actions otherwise typical for City's role in this type of development. Developer and City further agree that this Agreement is to be an amendment to the previously made Development Agreement between Developer and City for the development of Subdivision. Developer shalt meet City's standards and specifications for improvements in effect as of the date Developer informs the City that Developer is going to proceed with said improvements in Subdivision. Developer and City agree that this Agreement shall terminate on the 15th day of February, 1997. When this Agreement terminates, Developer shall have one (1) year to complete development. If development is not completed on the 15th day of February, 1998, approval of the plat shall be null and void and any further development of the property shall require additional approval; if the Developer does not complete development on or before the above date, the City shall record a statement that approval of the plat for the Subdivision is null and void and that approval for Subdivision has been voided. Developer and City further agree that this Agreement shall continue in perpetuity to the benefit of, and be binding upon, the heirs, executors, administrators, assigns and successors of the respective parties. NON DEVELOPMENT AGREEMENT -- 3 ~~ i''~ In Witness Whereof, the Developer and the City have executed this Agreement at Meridian, Idaho, this day of 1995. FARWEST DEVELOPERS, INC. MERIDIAN CITY Marty Goldsmith, President STATE OF IDAHO County of Ada. ss. On this day of 1995, before me, the undersigned, a Notary Public for said State, personally appeared Marty Goldsmith made known to me to be the President of Farwest Developers, Inc. whose name is subscribed to and within the foregoing instrument, and acknowledged to me that he executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year this certificate first above written. Notary Public for Idaho (SEAL) Residing at ,Idaho Commission Expires NON DEVELOPMENT AGREEMENT -- 4 ~~ STATE OF IDAHO County of Ada. ss. ~~ On this day of 1995, before me, the undersigned, a Notary Public for said State, personally appeared made known to me to be a legal representative of The City of Meridian, Idaho whose name is subscribed to and within the foregoing instrument, and acknowledged to me that he executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year this certificate first above written. Notary Public for Idaho (SEAL) Residing at ,Idaho Commission Expires NON DEVELOPMENT AGREEMENT -- 5 Roylance & Associc~vas P.A. Engineers • Surveyors • Landpianners 4619 Emerald, Su{te D-2, Boise, Idaho 83106 Telephone (208) 336-7390 Fax (208) 336.7391 May 6, 1994 EXHIBIT "A" Project No. 1448 Legal Description Marty Goldsmith/Los Alamitos Park Subdivision/Phase I 8.20 Acre Tract A tract of land situated in the North 1/2 of the Southwest 1/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, described as follows: Commencing at a found steel pin monumenting the Southwest Corner of said Section 20, thence along the westerly line of said Section 20, said westerly line also being the centerline of South Locust Grove Road, North 00°-44'-49" East a distance of 2654.68 feet to a found 1" square bar rnonumenting the Northwest Corner of the Southwest 114 of said Section 20, thence continuing along said westerly line, South 00°-44'-49" West a distance of 247.50 feet, thence North 89°-57'-31" East a distance of 25.00 feet to a point on a line, said line being parallel to and 25.00 feet easterly of the centerline of said South Locust Grove Road and to the POINT OF BEGINNING. Thence North 89°-57'-3 l " East a distance of 239.15 feet to a set steel pin, Thence North 00°-42'-42" East a distance of 247.64 feet to a set steel pin on the northerly line of said Southwest 1/4, Thence along said northerly line North 89°-55'-41" East a distance of 380.16 feet to the centerline of Nine Mile drain, Thence South 11°-16'-OS" East a distance of 530.10 feet along said centerline, Thence southerly l 00.16 feet along the arc of a circular curve to the left, said curve having a radius of 300.00 feet, a central angle of 19°-07'-48", a chord bearing of South 20°-49'-59" East and a chord distance of 99.69 feet, Thence South 30°-23'-53" East a distance of 60.06 feet, Thence North 89°-58'-1 I" West a distance of 579.44 feet to a set steel pin, Thence North 00°-44'-49" East a distance of 200.00 feet to a set steel pin, Thence North 89°-15'-11" West a distance of 217.78 feet to a set steel pin on a tine, said line being parallel to and 25.00 feet easterly of the centerline of said South Locust Grave Road. Thence along said line North 00°-44'-49" East a distance of 213.48 feet to the PINT OF BEGINNING. The above described tract of land contains 8.20 acres more or less, subject to all existing easements and rights-of--way. Prepared by: ~~. c:\wordtextUcgals\I S~+,i OF ~~ C+~ ROYLANCE AND ASSOCIATES, P.A. 4619 Emerald, Suite D-2 Boise, ID 83706 (208} 336-7390 (208} 336-7391 Fax 7' 4 .. ~aa``rrse~~ ~ea~~ March 13, 1995 '~{~~~~~.~ MAR 15 1995 ATTN: Will Berq City of Meridian C1~ Y Ut' 11+1tKyUyA'; City Clerk 888-4433 Mr. Berg, I'm requesting that I be put on the next council agenda March 21. The topic of discussion will be a Non-Development agreement which has been preliminarily approved by Wayne Crookston and needs to be passed by the council members if possible. Please reply by fax, confirming our date. Our fax number is 338--3790. Thank you, Marty Goldsmith 1 ~.~50 ~ ~~ .~~~ 3d~ a.~7a.~ ~~'08~ .9.x'8--9708 planning & Zoning Commission, Mayor and Council August 15, 1995 Page 4 Item 18 - Jack Miller Request to Amend Comprehensive Plan -Jack Miller has an interest in the 80 acres east of Dave Lewis's 80 acres at the southeast corner of Overland/Eagle Road. A strip of his property is shown as MixecUPlanned Use Development; the remainder as Single-family Residential. When first approached about this last year, I felt confident that no Comprehensive Plan amendment would be required. After conversations with several different planners, with several different opinions, I am unsure of the need for a Comp. Plan change and would appreciate any thoughts you have on the subject, along with Counsel's opinion. Item 19 - Danbury Fair Subdivision No. 5 Development Agreement -Recommend approval -Wayne Crookston and I have both reviewed and approved this document. Item 20 - Finch Creek Non-development Agreement -General Comment -Bike path improvements along developed portion and at least temporary fencing should be installed prior to obtaining building permits. Item 21 - CC&R's for Salmon Rapids - I have not had time to fully review these changes and would defer to Counsel's opinion. Item 22 - CC&R's for Los Alamitos - I have not had time to fully review these changes and would defer to Counsel's opinion. Item 23 - A.1 -Recreation Program Grant Funds - I would be happy to assist with grant application if needed, as long as I do not have to do the administration. If I am not needed, go for it. ~,~ MERIDIAN CITY COUNCIL MEETING: MARCH 15 1994 APPLICANT: GOLDSMITH CHARTER AND AGENDA ITEM NUMBER: 15 ROYLANCE AND ASSOCIATES REQUEST: PUBLlC HEARING• ANNEXATION AND 20NING WITH A PRELIMINARY PLAT FOR LOS ALAMITOS SUBDIVISION (FORMERLY SAGEHEN ESTATES) A EN Y COMMENTS CITY CLERK: CITY EINGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: 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: P~~ I{e1l~ ~p~ 4~e^~r~ y~'' I~R Yp~~r'R~ W ~q~` OTHER: AMENDED ORDINANCE NO. 640 AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND SITUATED IN THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF SECTION 20, TOWNSHIP 3 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 i 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 tract of land situated in the North 1/2 of the J ~~ `j ~ ~~ '~ 1 Southwest 1/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, described as follows: ,.:,~;:~.: .. = Commencing at a found steel pin monumenting the southwest ~, ~! ~ ~ corner of said Section 20, thence along the westerly line G~~' of said Section 20, said westerly line also being the /~~f.GC centerline of Locust Grove Road, North 00°-44'-49" East ~,:~ ~• a distance of 2654.68 feet to a found 1" square bar ~5 ""`- y-'- ~- ~ L~' monumenting the northwest corner of the Southwest 1/4 of ~~ ~~ id Section 20, thence continuing along said westerly FE`-- - _ line South 00°-44'-49" West a distance of 247.50 feet to RE~~" '~ ~~ a point, said point being the POINT OF BEGINNING. Thence leaving said westerly line North 89°-57'-31" East a distance of 264.15 feet to a set steel pin, Thence North 00°-42'-42" East a distance of 247.64 feet (formerly North a distance of 247.50 feet ) to a set steel pin on the northerly line of said Southwest 1/4, Thence along said northerly line North 89°-55'-41" East a distance of 1321.93 feet to a set steel pin, Thence leaving said northerly line South 00°-05'-00" East a distance of 163.44 feet to a set steel pin, Thence South 89°-55' -00" West a distance of 15.38 feet to a set steel pin, Thence South O1°-16'-00" West a distance of 131.60 feet to a set steel pin, AMENDED ANNEXATION ORDINANCE - LOS ALAMITOS Page 1 ~ i" ~ Thence South 89°-55'-00" West a distance of 16.25 feet to a set steel pin, Thence South 00°-04'-00" East a distance of 163.53 feet to a set steel pin, Thence South 89°-55'-00" West a distance of 46.28 feet to a set steel pin, Thence South 00°-04'-00" East a distance of 136.11 feet to a set steel pin, Thence South 89°-37'-00" West a distance of 8.52 feet to a set steel pin, Thence South 00°-04'-00" East a distance of 124.60 feet to a set steel pin, Thence North 89°-12'-00" East a distance of 5.15 feet to a set steel pin, Thence South 00°-04'-00" East a distance of 167.59 feet to a set steel pin, Thence North 89°-56'-41" West (formerly North 89°-57'-08" West) a distance of 479.98 feet to a found steel pin, Thence North 29°-O1'-26" West (formerly North 29°-46' West ) a distance of 252.05 feet to a set steel pin on the southerly line of the North 1/2 of the North 1/2 of the Southwest 1/4 of said Section 20, Thence along said southerly line North 89°-58'-11" West (formerly North 89°-49'-39" West) a distance of 666.26 feet to a set steel pin, Thence leaving said southerly line North 00°-44'-49" East (formerly North) a distance of 200.00 feet to a set steel pin, Thence North 89°-15'-11" West a distance of 242.78 feet to a point on the westerly line of said Section 20, Thence along said westerly line North 00°-44'-49" East a distance of 213.13 feet to the POINT OF BEGINNING. is hereby annexed to the City of Meridian, and is zoned R-4 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. AMENDED ANNEXATION ORDINANCE - LOS ALAMITOS Page 2 /`1 /'~ Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: a, That the Applicant ise3olverhowttheowater and sewerrmains water and sewer and r will serve the land. b, That the developmebnt the h Subdivision h andbeDevelopment and controlled y 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 the su Rdi L sofnthe the requirements of 11-9-605 C, G., H 2, 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 develophen rtamnsstoethe tiling of d t hes and waterways5 M. whic p e. That these conditions shall run with the land and bind the applicant, the titled owners, and their assigns. f . The r onclusionss f Law nandlmeet the Ordinances oof Ethe and C City of Meridian. Section 3. That if Applicant shall fail to meet the above conditions the property shall be subject to de-annexation, which conditions subsequent shall run with land and also be personal to the owner and Applicant. 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 Amended Ordinance. AMENDED ANNEXATION ORDINANCE - LOS AT.AMITOS Page 3 Section 5. EFFECTIVE DATE: n There being an emergency, which emergency is hereby declared to exist, this Amended 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 2©~ day of June, 1995. APPROVED: Y -- GRANT P. KI SF D ~~~ O~ ~~aF.,`~,~,~i'~. „s ~ ~p ATTEST: '~ ~~ ~~~~ 'S' i3 ILLIAM G. BERG, J - CITY CLERK 'F,~~~,~r 4.,_ ,'`'~~3 ,.;~ ~~~~~,~ ~`f~f1~ T~ ' ~ ~~~ ~~ STATE OF IDAHO,) ~~ : SS. County of Ada, ) I, WILLIAM BERG, 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 AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE S 1/2 N 1/2 SW 1/4 OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE", passed as Amended Ordinance No. 640 , by the City Council and Mayor of the City of Meridian, on the 2©~ day of June, 1995, as the same appears in my office. ~'>~'DATED `~~,~~ day of June, 1995. O = City Clerk, City o M ridian _ ~~ .~~ = Ada County, Idaho .~ ~,^~ "~ ,~, ~~ ,,, ~• AMENDED ANNEXATION ORDINANCE - LOS ALAMITOS Page 4 STATE OF IDAHO,) ss. County of Ada, ) On this ~7 th day of June, 1995, 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. l,, ,l ;:Y~-; ;`~4' y '~~'+~ No y Pub.~ic for Idaho SEAL ~pTAq~y s ~ es' ding at Meridian, Idaho ~t 3 A(/B 1.~G *: y tA~7~iiss,o.. cx~.~Ps os/oa/9y -.,,4rf OF `op~~. :,~~, ~p~~,- AMENDED ANNEXATIOiJ ORDIi~ANCE - LOS ALAMITOS Page 5 =I'~~~ ~. Y`d ~$$T LH I~ ~-g Y 9503-14J3 ~ a'.t i i a { 0 ~ mx ~yl D Y ~n ¢~ sT ~^~ ~ _. ai ,.~ 7 N t` ~x V1 D f ~~ ~sx ~~~- ~rnZ Ns ~„ ~ ~M e I~f ~ • ~ i• _ ~ r ,t 4 ~~ R S I~ E' ~ ~~b ,++.n r.ur 6 `f~ ~„, fU ~l Nf tl ~~ . ~ •E • toouaT owova wowta >a+.r ~~ R Ni wM s a~~ ~ z 4. • p.~.Yr t~ ray as ~ t~>N' M~ YI ~ I a ~ ~! '_` m yt.~ a ~~ R~ ~~.i ~1 ~~ i.i O ~'.tiwrc ~rr~ri . ,a..r- m ~!~~,~~ ~ ~ ~ g ~•M tltrY t, w rrr rr G 7. r .. .. • 1 m ~ ~ ~ b ~ b ~ ~ ~ ~ ~ ~ ~ S ~ ~ E j Z _~ G w t •, ~ O ` ~" ;~`~ ~ . a~ ~~ R~ ~ ~~ ~~ ~~~ ~ !e$~ N D r 0 ~D ~b e O • ~N D z Z goam X ~G ~ cn ~ ~ ~r'Z Is ~ ~-~.D ~Nt~° ~c v °D ~N Z/~ VI ~# _~_~ ~' ~~ / ;~ \ o ~~ ~~~ 4 _,; ~ \ .s~~ \ yyi .-.~~~~F Vr~' YQ _•--'_ p.}~„ ANNEXATION MAP ,,~ ~•~ n, ~n•n~ ____ ... ~ .. D 8ALMON RAPIDg-L08 ALAMIT08 ~~ -••° - ~-" # ROYLANCE AND A880CIATEB.PA ~~~~ ~, .P roe ~~• •,___.. ~-~+- Engineers Surveyors LandP~onreidj-_,'• ~+ "'-:,•_"--• .F- ~ 461 Emaold Suits 0-2 Bds~ Idoho 83708 (208. ..-~ ORDINANCE NO. ~Q AN ORDINANCE OF THE CITY OF MERIDIAN .ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND SITUATED IN THE NORTH 1/EAST BOISE MER DIAN1/ADAFCOUNTY ONIDAHO T ANDS PROVIDINGTAN RANGE 1 , EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the Cyty 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 tract of land situated in the North 1/2 of the Southwest 1/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and is more particularly described as follows: Commencing at a found steel pin monumenting the Southwest corner of said Section 20, thence along the westerly line of said Section 20, said westerly line also being the centerline of Locust Grove Road, North 00°44'49" East a distance of 2654.68 feet to a found 1" square bar monumenting the Northwest corner of the Southwest 1/4 of said Section 20, thence continuing along said westerly line, South 00°44'49" West a distance of 247.50 feet to the POINT OF BEGINNING. Thence leaving said westerly line North 89°57'31" East a distance of 264.15 feet to a set steel pin, Thence North 00°42'42" East a distance of 247.64 feet to a set steel pin on the northerly line of said Southwest 1/4, Thence along said northerly line North 89°55'41" East a distance of 1371.19 feet to a point, Thence leaving northerly line South 00°04'19" East a distance of 295.00 feet to a point, Thence South 89°55'41" West a distance of 85.00 feet to a point, ANNEXATION ORDINANCE - LOS ALAMITOS Page 1 /'~ Thence South 00°04'19" East a distance of 591.95 feet to a point, Thence North 89°56'41" West,a distance of 528.61 feet to a found steel pin, Thence North 29°01'26" West a distance of 252..05 feet to a set steel pin on the southerly line of the North 1/2 of the North 1/2 of the Southwest 1/4 of said Section 20, Thence along said southerly-line North 89°58'11" West a distance of 666.26 feet to a set steel pin, Thence leaving said southerly line North 00°44'49" East a distance of 200.00 feet to a set steel pin, Thence North 89°15'11" West a•distance of 242.78 feet to a point on said westerly line of Section 20, Thence along said westerly line North 00°44'49" East a distance of 213.13 feet to the POINT OF BEGINNING is hereby annexed to the City of Meridian, and is zoned R-4 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. Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: a. That the Applicant is required to connect to the 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 the subdivision of the requirements of 11-9-605 C, G., H 2, R, 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, and 11-9-605 M. which pertains to the tiling of ditches and waterways. ANNEXATION ORDINANCE - LOS ALAMITOS Page 2 n e . That thesean~ ndthe titled lowners,,land the~.ra assignsbind the applic , f. The Conclusionss f Law nandlmeet the Ordinances oof Fthe and City of Meridian. Section 3. That if Applicant shall fail to meet the above conditions the property shall be subject to de-annexation, which conditions subsequent shall run with land and also be personal to the owner and Applicant. 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 ~~ day of April, 1994. APPROVED: ATTEST: ~ .,~~ ~- ~~ ~ ~~ LLIAM G. BERG, JR. - CITY CLERK ANNEXATION ORDINANCE - LOS ALAMITOS Page 3 STATE OF IDAHO,) ss. County of Ada, ) ~~ Op~OA',~r a~r~ V ~ O _~ ~~ x ~~~~ R ,~ I, WILLIAM BERG, City Cle ~, ~ ~ City of Meridian, Ada County, Idaho, do hereby certify tha he 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 PORTION OF THE S 1/2 N 1/2 SW 1/4 OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE .MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE", passed as Ordinance No. 6 ~f0 , by the City Council and Mayor of the City of Meridian, on the 5~' day of April, 1994, as the same appears in my office. DATED this ~~day of ~~'~/ l , 1994 . STATE OF IDAHO,) • ss. County of Ada, ) City Clerk, City of eridian Ada County, Idaho On this ~th day of April, 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. ,/f~A f('f~f f f / 1/,,,~ `,\ ~,i ~.,~.Caw;~~ "~~,I Wis. "~- ~~~ ?_,_ ~ u'~ ~ SEAL - ~ ar Public or Idaho ; ; , ,~ ~^ O~ ~~~~~ , R siding at Meridian, Idaho ( ' , H `~ e ~~ ~ s : co~unission expires ~8/Q2/99 s C. ~{J ~ ~ a Sa ~~~ f~ ~ •J V ~a ~. i: `~ JAI ~ F " fit '~~'~ Wi,l.l l 1 f 1-\\\ - ~- ~.~i~ F --~ Vt =r ~~:~~ ~_~ 1'l F ~ ~ ~___ RECGr~,.,~.. , ;~,T ~? ANNEXATION ORDINANCE - LOS ALAMITOS Page 4 ~s ~ /\ Z^ ~_ -_ ^ / ,, / ~~ / ~ ~ \~ \\ \ ~ 1 1 '~ Q ---- - _.L -- - ^ - ~---- - -- ----- ot/ l SL 79/ I -- ~ -- -/~-j.-~ n _. _' --- _ __ -_--- - _-S-//_~? - - _ - _ - -- -_ _ _ _ ~~~CY / - - - Planning & Zoning January 11, 1994 Page 9 Shearer: They figured it was a 1/4 mile away from them, instead of in their backyard. Goldsmith: I was trying to be helpful there, I do know for sure the addresses were right. Johnson: I appreciate that. Hepper: Well, we've gone through this before. I think we should table it for now and start all over and let him re-notice everybody and re-notify and have a public hearing all over again. Johnson: Is that a motion? Hepper: Yes Johnson: State your motion Mr. Hepper Hepper: What do we do with what we have got, just abandon it and start all over? Or do we just re-notify and have another public hearing. Crookston: Table, re-notify and have another public hearing. Hepper: Mr. Chairman, I move we table this application and re- notify everybody within 300 feet and have another public hearing. Shearer: And update the-plan Hepper: And update the plan to show the street stub. Shearer: I second it. Johnson: It has been moved and seconded that we table this item until proper notification is made with a proper description of the property, all in favor? Opposed? MOTION CARRIED: All yea ITEM ~4: REVISED PRELIMINARY PAT FOR SAGEHEN ESTATES SUBDIVISION BY GOLDSMITH CHARTER AND ROYLANCE AND ASSOCIATES: Rountree: Mr. Chairman, I move that we table this item until action on the previous item is taken care of. Shearer: Do we want to review the thing now so if there are any changes. Johnson: We've got a motion. ~ /'~ Planning and Zoning January 11, 1994 Page 10 Hepper: Second Johnson: It has been moved and seconded to table this item also until we can properly act on it in light of item #3, all in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: FINDINGS OF FACT A~+ID CONCLUSIONS OF LAW FOR SAGEHEN ESTATES SUBDIVISION BY GOLDSMITH CHARTER AND ROYLANCE AND ASSOCIATES: Rountree: Mr. Chairman, I move that we table this item as well until we can resolve item #4 of the agenda this evening. Shearer: Second Johnson: It has been moved and seconded that we table this item as well, all in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR SCOTTSDALE ESTATES SUBDIVISION BY ROBERT AND VERNA CHRISTENSEN AND BRIGGS ENGINEERING. Alidjani: Mr. Chairman, for the record I have a conflict of interest. Johnson: For the record you have a conflict of interest. We won't ask you to vote. Is there any discussion concerning the Findings of Fact and Conclusions of Law as prepared by the City Attorney? Shearer: Oh no, I don't want to do this one. Rountree: Mr. Chairman, I make the .motion that the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of Law. Hepper: Second Johnson: Its moved and seconded to adopt the Findings of Fact and Conclusions of Law as prepared by the City Attorney, roll cal l vote. Shearer: Could I have a little discussion on this? We've got these zero lot lines in this property in which we are going to have buildings abutting buildings and I know we talked about it a little bit before. I'm concerned that the lots will be sold separate or Planning & Zoning January 31, 1994 Page 5 MOTION CARRIED: All yea ITEM #2: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR LOS ALAMITOS PARK (FORMERLY SAGHEN ESTATES): Alidjani: Page 13, item #19, there is a little typo error, it should be n-o-t, not n-e-t. I make a motion we approve the Findings of Fact and Conclusions. Shearer: Second Johnson: Moved and seconded to approve these Findings of Fact and Conclusions as prepared. Rountree: I guess I just have one item of discussion. since that plat was brought before us, they have added the condition for a school lot. I don't know that its addressed in the Findings of Fact. Johnson: Is it in there Wayne? Crookston: On the school lot? No it is not. Johnson: I believe it was voluntary, 3 acres depending on what the other developers in proximity were willing to do and the school has responded they would like to have that but they want to make it clear they would not maintain any park area. What is your feeling on amending these at this point Wayne? Crookston: You can amend them as you see fit. Johnson: Well I'm kind of suggesting someone do that. Rountree: They volunteered to provide that school site or park site, 3 acres and that is different then. what was presented prior. I think that information ought to be included. Shearer: Of course basically we are only approving this portion here anyway, the plat. Rountree: Well, that whole thing is part of the annexation request. We are just looking at phase one for the preliminary plat. Johnson: We have a motion and a second, do you want to re-state your motion? Alidjani: I'm not really clear to what needs to be included, I'm not clear that the school wants 3 acres, (inaudible). Meridian City Council March 15, 1994 Page 38 MOTION CARRIED: All yea ~~ s Kingsford: I assume we are tabling until the next meeting then the preliminary plat. ITEM #16: PUBLIC HEARING: ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR LOS ALAMITOS SUBDIVISION BY GOLDSMITH CHARTER AND ROYLANCE AND ASSOCIATES: Kingsford: State your name address and be sworn again this is a different public hearing. Marty Goldsmith, 4550 West State Street, Boise, was sworn by the Attorney. Goldsmith: Basically this subdivision is the same as the one across the street. We will bond for the concrete sidewalks or provide the improvements ourselves as per ACHD's recommendations. The lots are a little bit larger over here and once again this is going to be a subdivision that is middle class in my opinion. The homes will range from 5130,000 to 5200,000 in range. I feel we are in good keeping with the neighborhood there. Any questions at this time? Morrow: With respect to Mr. Smith's comments, how will you treat Nine Mile Drain as it passes through the subdivision? Goldsmith: I have a letter I will. be giving Gary Smith tomorrow when I talk to him about the issue that I have an appointment with which is the ground water elevation. That letter is from Greg Martinez and he is with the Army Corps of Engineers and the Nine Mile Drain needs to be left open and if you will find in your ordinance book that your ordinance applies to irrigation canals and that such and that drainage are an exception this is a drainage. Morrow: And so is it going to be fenced or? Goldsmith: Yes it will be fenced. Morrow: What type of fencing? Goldsmith: Well, it will be chain link fencing or wrought iron fencing, I am just real close to figuring that one out. Morrow: And item #19 on his comments, the application indicates individual lot irrigation, what will be the supply the water supply for the irrigation? Meridian City Council March 15, 1994 Page 39 Goldsmith: That was a mistake on my behalf and I don't propose at this time individual lot irrigation system and would like to deposit into the Well and have . spoken to Wayne Forrey about this wish. Morrow: And then what would be the method of storm drainage for this parcel? Goldsmith: In phase one we have a retention pond that is drawn right now and 1 could point to it. It is right here (inaudiblef . Morrow: What about the Nine Mile Creek? Goldsmith: I have an engineer his name is Glen Logan he is with Earth Science, we went out and dug some test holes and the results are very positive there. We will be submitting that to Gary, I have an appointment with him at 9 a.m. tomorrow. I will also bring in that letter from Greg Martinez. Another one of Gary's concerns was the flood plain, we are right in the middle of that. Things look good we are going to be able to meet Gary's requirements and have a good development here. We are going to meet ACHD's requirements and we have worked in 3 different meetings with ACRD and their changes are shown here as they requested. Morrow: Gary do you have any additional comments or questions concerning those things he brought up and answered to these questions? Smith: Mr. Mayor and Councilman Morrow, I think the only thing that I haven't discussed fully with the developer and. his engineer is the exact location of the sanitary sewer line to serve this subdivision. On a preliminary basis we talked about extending it in to Locust Grove Road from Sportsman Pointe subdivision. Since that time I wondered about the need from bringing it up Nine Mile Creek because of service ability to property on the east side of Nine Mile Creek to the trunk. The engineer, Roylance and Associates was gathering information on serving that property and I believe they are right on the verge of having it for me to look at. I think that is the only other item that is a question at this point. I need to keep the sewer on as much of the drainage as we can just to allow it to serve the adjacent properties in the drainage area. Because the drain or Nine Mile Creek as it is called is a low point for that area. Yerrington: Gary, would this be a real good place for pressurized irrigation? Kingsford: I was about to ask that question, when we had our joint meeting with P & Z wasn't it the recommendation of that body that we move along with an ordinance requiring that? Where are we at at this point? I have some real concerns about Meridian City Council March 15, 1994 Page 40 wells. Morrow: That was going to be my next question to Wayne Forrey, was how does this resolve the, how do you interpret this issue with respect to the workshop and our desire not to do wells? Wayne Forrey, 52 East Franklin Road, was sworn by the Attorney. Forrey: Mr. Mayor and Councilman Morrow, is it in reference to Gary Smith's comment #19? Okay, I missed Marty's answer, I was looking at the staff report and then I heard my name. Kingsford: He is saying that he is going to contribute to the Well fund. Morrow: As opposed to doing individual lots, his desire was not to do individual lots. Forrey: At the time that Marty and. I had that conversation the City was in transition we had shifted emphasis to Nampa Meridian Irrigation District. Marty came back and indicated that they were not requiring him to have pressurized irrigation. We were under the impression that they were going to require it and have some type of program, they indicated no that is not the case it is up to the City. And we have our Well Development Fee still in place and as an ordinance. Until we have direction from the City as to how to implement pressurized irrigation I told Marty he would either have to make a deposit to our Well Development Fund or participate in Nampa Meridian's program. His comment back was well they are not requiring me to participate in their program. So, I at least felt he had to at least participate in our fee minimally deposit a well fee. I understand though now that we have a direction that we are headed, requiring pressurized irrigation. My interpretation Marty is that you would have to have individual pressurized irrigation as part of the subdivision with or without Nampa Meridian Irrigation District. Kingsford: Well, I think we have to pass that ordinance but I think the Council needs to deal with that and advise Mr. Goldsmith the direction to head as he is preparing his final engineering. Any other questions from the Council? Goldsmith: I have no problem with that and we'll be providing those services if those are your recommendations. Kingsford: We have got to get off of domestic water irrigating subdivisions and as we approach the Clean Drinking Water Act and all that we are going to have to do with that is just going to be prohibitive for a property owner to try and sprinkle with ~ /"'~ '~ Meridian City Council March 15, 1994 Page 41 that water let alone for us to try and come up with enough wells to do it. Goldsmith: If you put me through by this one as my last one went through I was just required to deposit on the well fund and you could maybe serve. these guys with a notice that it would be fair notice to the next guy on the block that he is going to going in with a little bit more overhead. I would hate to be the first one around with 51200 a lot additional cost. Kingsford: Everyone hates to be the first one, but there has to be one. Anyone else from the public that would like to offer testimony on this issue? Lydia Aguire, 2620 South Locust Grove, was sworn by the Attorney. Aguire: I have some concerns I discussed with Marty Goldsmith and we worked some things out. Some of my concerns are along with Mr. Morrow talking about agricultural practices being practiced, I would like to just point out where my property is here, and my property is right along here which is 3 acres. There is also agricultural area all the way down which is south of there. Once again burning of ditches is a common practice, tractors, irrigating, corrugating, all kinds of agricultural animals there. So, that kind of thing a notice to the residents would be in order so that the same thing doesn't happen to me that happened to the guy in Caldwell just like he said. Another thing I would like to understand is the impact to my well, all of us are on wells some shallow some a little bit deeper. My well is 120 feet and I don't know the depths of the other wells that are in that area, but any irrigation that is going to be happening I want to understand the. impact to me. I am irrigating the 3 acre pasture that I have on City Water so I would like to understand the impact of my irrigation water as well as my well water which is domestic. I would also like to understand on the sewer, I'm not quite clear, it has been changed to where the sewer is coming down. Is it coming down South Locust Grove, is it coming down Nine Mile, I am still not clear about that. So those are just some of the issues that I have for the record. Kingsford: When you said Lydia that you are on City Water to irrigate that was a mistake. Aguire: It is not City water I'm sorry its just irrigation through the irrigation district. I just want to know if that is going to be impacted at all. Kingsford: No, it is unlawful to separate the water from the land. With regard to the sewer I couldn't tell you I don't know whether Mr. Goldsmith's engineer has addressed that already or what. Meridian City Council March 15, 1994 Page 42 Aguire: And also the impact to my well as well as the other wells that are along that area. Kingsford: The wells wouldn't be impacted unless the City of Meridian punched a well and then a hydrologist would be obtained and we would deal with that. At least it is my understanding that at this point we will be at a much deeper aquifer and it should affect your well, but we would get that confirmation from our hydrologist. Aguire: The other only issue that I have I talked about this with Mr. Goldsmith and I think he is amenable we just need to work out details. The fencing or landscape hit the back of his subdivision, his houses along my private road how would that be faced to my property would that be fenced, would that be open, how would that be as far as landscaping and affecting the aesthetics of my. Kingsford: That is the same kind of thing that is less dealt with on his that needs to be a definite break there. Aguire: Those are my issues that I had. Kingsford: Thank you very much and we will have Mr. Roylance up here and swear him in and he is going to address the sewer question. Dave Roylance, 4619 Emerald, Boise, was sworn by the Attorney. Roylance: As stated my name is Dave Roylance I am a civil engineer representing the applicant and I will see if I can answer some of these concerns. Backing up just a little bit, regarding the floodplain of the Nine Mile Drain. Our firm is also working with another engineer Paul Coons who is pretty much acknowledged as the floodplain expert in this area that is what he specializes in. We are doing that study to see what the impacts are, the floodplain on the Nine Mile Drain and if it impacts our project what can we do to solve it. The impact would probably be too small of a culvert and the private road crossings. We actually have just completed that survey, we are in the last couple to 3 days. That is what these cross sections are and we have been working with Mr. Coons to try to get that information. What it amounts to (inaudible) this direction, when they get to here and come this way is an undefined area on the map. So, that doesn't give Mr. Smith any guidance as to what to do and it doesn't give us any guidance as to what to do. So, we have to go out basically to get the survey data and create our own FEMA map more or less. Kingsford: And then they have to approve that? /'~ Meridian City Council March 15, 1994 Page 43 n ...- Roylance: I don't know that we necessarily have to go through FEMA and get the map approved we would if we were trying to make an adjustment to the FEMA map, there is a procedure to do that. Since there is no FEMA map we have to come up with data to prove where the floodplain is and if it impacts our project what we are going to do about and how we are going to solve it. And Gary has to review that information and approve it or disapprove it. We are hoping to turn this information into Gary say within a week I would guess. So that. is where we are on the floodplain issue. Glen Logan is actually a soil scientist, we are .also working with him on the soils and the drainage as it pertains to a high water table and we are trying to address that situation so we won't have water in the crawl spaces and determine the finished floor elevations of the buildings. So, that is a separate consultant we are working with to try to get a handle on that problem. And we think we are just about to solve that one or at least have an answer to it also. Regarding the sewer, we are proposing that the sewer does come down Locust Grove Road instead of the Nine Mile Drain. And I think as Gary addressed earlier I believe that may be acceptable to the City provided we don't block anybody out of the sewer or we don't overload a certain drainage basin with effluent that was designed to go somewhere else and doesn't. And based on the elevations that we have here as part of the floodplain study that information would also be given to Gary and my quick assessment of it. I haven't fully studied it, it is not complete. I believe that by putting it on Locust Grove Road the same properties can be served and I think it will be equivalent to putting it down the Nine Mile Drain, but if that isn't the way it works out then we will have to back away from that plan. Kingsford: Well that is something that will have to be approved by Gary. Roylance: Yes, and this week we hope to submit all that information relative to that. Are there other questions I could answer? Kingsford: Did you hear your question being answered with regard to the sewer Lydia. He is proposing to put it in Locust Grove but in fact it may not be there it is subject to Gary Smith's or engineers review to make sure it does service that entire area. Roylance: I guess regarding impact to the wells, you said that about as well as I could, but if we use the surface water rights and we haven't really looked into that, but that would be the way to do it. Then it would not impact withdrawals from the aquifer and it would be the best way to provide it. And of course if we did use surface water rights for irrigation that would be the least amount of impact in my opinion to the domestic wells .and there is a well site proposed on the property for a future- City well and for that to be used as a domestic well as you said the /'~ Meridian City Council March 15, 1994 Page 44 n .~ hydrogeologist would have to study that situation and determine what the impact would be to domestic wells and hopefully it would be nonexistent or minimal and you can demonstrate that prior to the well be putting in service. So, I think the things that we are doing if surface water rights and so forth are providing the least amount of impact possible to domestic wells. May I answer any other questions? Kingsford: Did you have another one for him Lydia? Aguire: I did, just ingress and egress, I (inaudible). Roylance: The question was ingress and egress to the property south of the proposed project, was that the question? Aguire: Just on that plat (inaudible). Roylance: Ingress and egress to and from Locust Grove Road. This is the access point right here to and from Locust Grove road, this lines up with the project that was just talked about right across the street. So it is in direct alignment with the project. This, from here north would be a collector street and that was request by the Ada County Highway District. So, in the future the traffic (inaudible) want to go north and then I believe when they go north a certain percentage goes east and a certain percentage goes west. There needs to be a collector somewhere and (inaudible). And that is why it was required by ACHD that this road be extended north so as these properties develop this collector could be extended north to Overland Road. Ingress and egress ends at Locust Grove.at this point and we also have the request from ACRD to put a stub street in here. Are there any other questions? John Shipley, 2770 South Locust Grove, was sworn by the Attorney. Shipley: I wanted to make it clear I have lived out there for 20 years and I have seen the ground water test sites just recently in the winter time. In the summer time there is a quite different picture. I have been able to dig a fence post hole and get water at my place. I think maybe that these people are going to build these houses and will have a better shot at it if they know that ahead of time. Once that irrigation gets going there is an old furnace basement in my house, it become a swimming pool. The house is 70 some years old, part of it and the other part of it is 100 years old. The original well was put on that property somewhere around 1876. It was a hand dug well, the second well is only 40 feet deep, I have never had a problem getting water in 20 year in that 40 foot well. Even in our driest years there has been no problem, so we have ground water and. plenty of it. If sewer comes down Locust Grove my place sits right on the comer where the Eight Mile Lateral canal comes across the river Meridian City Council March 15, 1994 Page 45 /'1 .n~ there and it has been cemented on the front side and it never helped the ground water problem. Shaffers place lies just south of me, there is a corner of his filed there that he has never been able to farm correctly because he gets his tractor stuck out there every time he tries to do anything. The mosquito people come in there and spray that repeatedly because its a pond. We are living on a very high water plain at that point and the testing that I am seeing done in the winter time is a concern of mine that it might not be valid in the summer time. I think that is the only thing that I have to say that might save somebody a whole lot of money when they get going and they don't know what they are doing. The idea of the pressurized irrigation system 1 would be all for it because it might cost a lot of money but it saves a lot of problems down the road for people that come out of the City and don't know what is going about agricultural or anything. You want to kind of consider those situations. Thank you Kingsford: Thank you very much and we appreciate your comments on the water table particularly. Engineer and developer you are on notice, we don't want any wet crawl spaces. Anyone else from the public that would like to offer testimony? Frank Stoppello, 782 Arlington, Eagle, was sworn by the Attorney. Stoppello: I own the 13 acres to the south of this development. My concern up until I saw this latest plat was that I did not have access right here. And it appears this street now called Bayubar street does give me access Mr. Goldsmith has informed that will be stubbed in there with the utilities so therefore I would approve the project. Thank you. Steve Barker, 2640 South Locust Grove, was sworn by the Attorney. Barker: I hate to be repetitious but I also live right adjacent to this project just east of Lydia's house and I do adjoin it. I do live on an acre and a half and I want to get it on public record that I do have animals on my property and I do irrigate my property and to reaffirm what red said. If I irrigate my property improperly I do flood my split level house so it is high water there and it is a very touchy situation. The only other concern 1 have is and I don't think it is a concern now, there is a private road that runs right here by my house and up to Lydia's house. There is a private road that runs adjacent to the properly that runs beside by house and up to Lydia's house. My concern was that that road might somehow be incorporated into the design of this and since it is not I find that very satisfying and very gratifying I guess. But I would just like to make it known that if for some reason this plan was changed and that road was tried to be used in the plan I would like to notified of it so I could somehow deal with it. Thank you Meridian City Council March 15, 1994 Page 46 n Kingsford: Anyone else from the public that would like to offer testimony on this issue? Seeing none I will close the public hearing. Council members, Mr. Crookston . have there been appreciative changes in the findings? Crookston: There has been a little different testimony but it hasn't changed the outcome. Just varying remarks but basically they are mostly the same. Kingsford: The high water table was discussed in those findings, I am particularly sensitive to that since we had a couple of those issues. Crookston: I don't think that is specifically addressed in the findings. The farming is addressed, the cattle. Kingsford: It would be recommendation to Council that a finding be included in there with regard to the high water table, amend those to that extent. Morrow: I have a question, maybe question and comments and maybe some of these things can be handled by a development agreement. But, I think we need to notice in the development agreement the things such as the berming, separation between this project or these projects and existing agricultural projects that are not likely to change uses in the foreseeable future. And also something in there that does put the development community and the realtors that they need to notice buyers of the rights of the agricultural folks. The floodplain issue I will leave to Gary, the sewer issue I will leave to Gary, the pressurized irrigation I think it it my feeling that as the builder that ultimately has to pay for all these things that even though it is expensive I think that is something that we need and it is something that we should have been doing as a City for the last 5 or 6 years. I think the other things can easily be handled by a development agreement or at least notice of that and the feeling of the rest of the Council in terms of the pressurized irrigation whether that should be part of the findings or not as well as the water table. Kingsford: Statements from the rest of the Council, specifically first the pressurized irrigation. Where are you at with the ordinance, I guess that makes it easier Wayne? Crookston: I have not had an opportunity to address it since our meeting, preparing various findings and ordinances and things. Kingsford: It would be my recommendation that we move post haste on that and that we recommend that these developments use surface water for irrigation, pressurize it. But we need to have that ordinance to justify it. I would recommend that it be at the next meeting perhaps or at least for public hearing at the next meeting. Meridian City Council March 15, 1994 Page 47 Crookston: Right now that is in our zoning ordinance which requires a significant greater time period to adopt. Kingsford: Well, we need to be moving on it. Morrow: So, my question is where does this leave us on this project? Kingsford: Well, I think we can have that adopted. and we are being asked for annexation here, I think that is a condition of annexation. Crookston: You can do that, since it is an annexation. Morrow: So would a motion be appropriate on that in terms of the findings or annexation. (End of Tape) Tolsma: Also we need to make a motion then that we include the matter of the high water table content that the test be made in the spring when the water is (inaudible). Morrow: Well, normally with Central District Health those things are validated in September, October and August when the high water table is at its peak. Tolsma: There are comments in here of the City Engineer and the findings about wanting a level of the high water table. Kingsford: Well, I think the first thing you need to deal with is the findings, do you want to amend the finding to include the water table. Morrow: So moved Yerrington: Well, should we put in the pressurized irrigation in there? Kingsford: I think we do that in the annexation. Tolsma: Second Kingsford: Moved by Walt, second by Walt to approve the findings of fact and conclusions of law subject to an amendment including a note to the high water issue on this development, roll call vote. ROLL CALL VOTE: Morrow - .yea, Yerrington -yea, Tolsma -yea /"~ Meridian City Council March 15, 1994 Page 48 MOTION CARRIED: All yea Kingsford: You need to direct the City Attorney to prepare an annexation ordinance stipulating those area you have spoken to with regard to a development agreement. Yerrington: So moved Tolsma: Second Kingsford: Do you have all of those counselor or can you get to them? Moved by Max second by Ron to direct the City Attorney to prepare annexation ordinance and encompassing the development agreement in that, all those in favor? Opposed? MOTION CARRIED: All yea ITEM #17 & 18: BEER AND WINE LICENSE APPROVAL FOR KOWLOON RESTAURANT AND THE FARMERS CLUB: Kingsford: In visiting with the Chief he has not had opportunity to look at those. I would entertain a motion from the Council to approve of those subject to his approval, I will not sign prior to his approval. Morrow: So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the Beer and Wine License for Kowloons Restaurant and the Farmers Club pending the approval of the Chief of Police I will not sign them until those have been attained, all those in favor? Opposed? MOTION CARRIED: All yea ITEM #19: MICHAEL CLARKE: WATER) SEWER LINE REQUEST: Clarke: (Inaudible) What we are asking the Council for on this is the engineer has indicated they want us to carry a water line from Locust Grove clear down to the end of our property. What we are asking the Council is where we have that red line on what indicates Overland road is to have the water line end there. As the other area further east of that is all open. area land and there wouldn't be any development at that point. We also feel that coming from any development that is done the other Meridian City Council April 5, 1994 Page 9 Cowie: Second n Kingsford: Moved by Walt, second by Walt to approve the preliminary plat for The Landing Subdivision No. 7 conditioned upon the agreements with the Engineer being met, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: ORDINANCE #639: SALMON RAPIDS SUBDIVISION: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND SITUATED IN THE NORTHEAST 1 /4 OF THE SOUTHEAST 1 /4 OF SECTION 19, T. 3N, R. 1 E, BOISE-MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public that would like Ordinance #639 read in its entirety? Entertain a motion. Tolsma: I move we approve Ordinance #639 with suspension of the rules. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve Ordinance #639 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea. MOTION CARRIED: All Yea ITEM #5: ORDINANCE #640: LOS ALAMITOS SUBDIVISION: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH tS DESCRIBED AS A TRACT OF LAND SITUATED IN THE NORTH 1 /2 OF THE SOUTHWEST 1 /4 OF SECTION 20, T. 3N, R. 1 E, BOISE- MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public that would like Ordinance #640 read in its entirety? Entertain a motion? Morrow: Mr. Mayor, I would move we approve Ordinance #640 with suspension of the rules. Tolsma: Second Meridian City Council April 5, 1994 Page 10 Kingsf~xd: Moved by Welt, second by Ron to approve Ordinance #640 with suspension ofi the rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM # 6: ORDINANCE #641: GOLF CART ORDINANCE: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING TITLE X OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN ADDING A NEW CHAPTER TO BE KNOWN AS "CHAPTER 5, GOLF CARTS", PROVIDING FOR THE REGULATION OF GOLF CARTS, CONTAINING DEFINITIONS, SETTING FORTH THE ALLOWABLE PLACES OF OPERATION, SETTING FORTH A DRIVERS LICENSE REQUIREMENT, OFFENSES, EQUIPMENT REGULATIONS AND PENALTIES; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public that would like Ordinance #641 read in its entirety? Counselor would you like to read that please? Crookston: I will not read the title since the Mayor has already read that. Whereas, the Mayor and the City council of the city of Meridian, State of Idaho, have concluded that it is in the best interest of the said City to amend Title X of the Revised and Compiled Ordinances of the City of Meridian to add a new chapter to be known as "Chapter 5, Golf Carts" which shall provide for the regulation of golf carts, contain definitions, set forth the drivers license requirements, provide for offenses, equipment regulations and penalties. Now, therefore, be it ordained by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1: That Title X of the Revised and Compiled Ordinances of the City of Meridian is hereby amended to add a new chapter to be known as "Chapter 5, Golf Carts", which Chapter shall be known as Golf Carts and shall read as follows: 10-501 Definition: The term "golf cart shall mean every self-propelled vehicle upon 3 or more wheels, in ,upon or by which any person or property particularly golf clubs or golf equipment, may be carried or transported. 10-502 Drivers License Required: It shall be unlawful for any person to drive or operate a golf cart who is not a licensed motor vehicle driver and whose license is valid at the time of operating or driving a golf cart. 10-503 A. equipment: No golf cart shall be operated in the City unless it is equipped with the following: 1. At least one brake which may be operated by hand or foot and n ~ MERIDIAN CITY COUNCIL APRIL 19 1994 The regular meeting of the Meridian City Council was called to order by Mayor Grant Kingsford at 7:30 P.M.: Members Present: Max Yerrington, Walt Morrow, Bob Corrie, Ron Tolsma: Others Present: Will Berg, Wayne Crookston, Shari Stiles, Gary Smith, John Baker, Mark Freeman, Marty Goldsmith, Ron Henry Jerry Frank, Bev Donahue, Jim Merkle, Mike Sciscoe, Steve Ricks, Jim Johnson, Bill Gordon: MINUTES OF PREVIOUS MEETING HELD APRIL 5, 1994: Kingsford: Are there any corrections, additions or deletions to those minutes? Morrow: Yes, Mr. Mayor, on the discussion concerning the building permits and the building permit fee increases there was a reference to the UVC it is incorrect it should be UBC which is short for Uniform Building Code. I would recommend that we make that correction to those minutes. Kingsford: Do you happen to have a page number Walt? Never mind. Any other corrections? Entertain a motion to approve the amended minutes. Yerrington: So moved. Tolsma: Second Kingsford: Moved by Max, second by Ron to approve the amended minutes of the April 5th meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #1: TABLED AT MARCH 15, 1994 MEETING: PRELIMINARY PLAT FOR LOS ALAMITOS SUBDIVISION BY MARTY GOLDSMITH AND ROYLANCE AND ASSOCIATES: Kingsford: Is the Council prepared to deal with that issue? Any questions that you have of either the engineer or staff? Corrie: Mr. Mayor, I assume that this is the compliance of City engineers comments, is that correct? Smith: Mr. Mayor, and Council members and Councilman Corrie, I think everything is pretty much taken care of, the only thing that I have left to do and it is because of my schedule, I haven't been able to finalize the sewer alignment to serve this Meridian City Council April 19, 1994 Page 2 r~ subdivision. Whether it is going to go down Locust Grove or down Nine Mile Creek or up Nine Mile Creek. Marty's engineer has provided me with some ground line contour information out there so I will be able to do that. They are receptive to locating the sewer line wherever I direct it to be placed. I don't believe there is any problem with that. Also, Marry has concurred to donate a well lot to (inaudible) in the subdivision. Other than that, I believe everything else has been taken care of. Morrow: Mr. Smith, I have a question with .respect to this is one of those subdivisions with pressurized irrigation .being required, there was no waiver requested and we had discussed with Mr. Goldsmith at our last meeting that the pressurized irrigation would be required. Smith: I believe that was a requirement originally and I think Marty spoke to the Council to the contrary, but I don't recall the specifics of that. Kingsford: Well, Marty is present if you would like to ask him that question, Mr. Goldsmith. Morrow: My question is with respect to the pressurized irrigation system. Goldsmith: Yes, Mr. Morrow, I have a letter here received here January 28th from the City of Meridian outlining my position January 28th. I did agree, if that was your requirements at the first City Council meeting which was March 15th to put in pressurized irrigation system, but I did not want to be the first one. And it was my understanding that this was going to be a requirement of every subdivision after me. Since that time there have been handfuls of subdivisions that have gone through here that have not had that requirement put on them. That it has been a recommendation up to this point and not a requirement. Furthermore I have retained an engineer to do work for me on the pressurized irrigation systems. And under your ordinance it made me waive if there is not sufficient water rights. And on Salmon Rapids that is the case. I do not have water rights and for me to do a pressurized irrigation there, I have water rights of 20 of the 50 acres. I would have to be forced to put in ponds and take the water for 2 days, fill the ponds and then 8 days later take 2 more days of water. And this would be very extreme on my end as far as the cost of the pressurized irrigation system. It is not a small issue, it is prohibitive of the type of development I am trying to do here. Which is middle end. I have given a well lot which is also in compliance with your ordinance that is in place. And so I am trying to deposit to the well fund and provide a deposit towards further well development. It would potentially be better. I haven's done the analysis, potentially it would be better for me to furnish a well lot and a fully operating well as opposed to provide the type of irrigation, pressurized irrigation that we are talking about and the cost that we Meridian City Council April 19, 1994 Page 3 are talking about. n Morrow: Have you made a formal request for a waiver for providing the, I have read the Zoning and Development Ordinance and the ordinance that currently exists, fairly clearly states that you have to specifically request a formal waiver of the requirement for a pressurized irrigation system. Have you submitted a formal request for that waiver. Goldsmith: In my dealings with Wayne Forrey, this is exactly to a tee what he wanted me to write down. And that was that I did not want to be putting in pressurized irrigation and that I wanted to donate to the well fund and that is what that says. So, in some respects I believe I have complied with that waiver. Hopeful it will not hold up my preliminary plat and I can give that to you in writing. Once again I did go to into an in depth analysis on the pressurized irrigation system. Morrow: I have a question Mr. Mayor, for counselor, would not a formal request indicate reasons why the hardship or waiver ought to be granted. Crookston: It should Morrow: And so Mr. Forrey is not here to in a sense defend himself, I believe your last paragraph says we intend using City Water supply for yard irrigation in these 2 subdivisions. We will deposit money in the City Water departments fund for this purpose at the proper time. Does that constitute a formal waiver? Crookston: It is not a request for a waiver. Goldsmith: I guess I would ask for an leniency that you can give me in this area and also a fairness of what should apply to me should apply to some other subdivisions that have passed here recently. Morrow: I think you will find before the evening is over Mr. Goldsmith that it is going to apply to many subdivisions that heretofore thought that they weren't going to do pressurized irrigation systems. And one last question, have you submitted your covenants and restrictions for review by the City Attorney? Goldsmith: No I have not, I do have those prepared and could have them down here in the morning. Morrow: That is generally part of the package that apparently has also been slipping for the last 2 months. /'~ Meridian City Council April 19, 1994 Page 4 Goldsmith: Once again I honestly do have them prepared and did not know that it was requested on the preliminary plat application. There was a list there that we worked off of. And to the best of my knowledge I did complete that list but I can certainly have that down here. Hopefully it would not hold up my plat, because this is the third time I have appeared for a preliminary plat approval. Morrow: I understand Kingsford: Any other questions Council? Corrie: Mr. Mayor, you did Marty say that when you thought it was a requirement that you were going to put in the pressurized irrigation system is that correct. And then when you find out that it is not a requirement according that you decided it is to your advantage not to do it, is that correct? Goldsmith: No. sir that is not correct. Corrie: Why are you doing it then? Goldsmith: As of January 28th, that is the budget that I went in there with. And I was very open about what I wanted in January and that was 4 months ago, that is before I was heard for annexation and zoning. So, I have tried to give you a complete package here. The reason is because I do not have enough water rights. I have 20 acres of water rights and I do have those water rights. I have done an in depth analysis and would be willing to present that at the proper time, and it could be very quickly. It is in writing right now I just need to meet with someone at your convenience and show you that it does say in that ordinance that you could waive that restriction upon me if I did not have enough water rights to do the property. Corrie: Then you didn't know at the time that you said you would do the pressurized irrigation system that you didn't have enough water, did you know at that time? Goldsmith: No, I did not. Once again my plan was to do without and to do what everyone else has been doing. There have been some subdivisions that have gone through here. Kingsford: Mr. Goldsmith, the additional land that you are talking about that does not have water rights is that because they have been voted back to the irrigation district or that they never had them? Goldsmith: They never had them is what my records are showing. In fact that just n Meridian City Council April 19, 1994 Page 5 19 over 20 of the 50 acres is the only piece that has the water rights. Kingsford: Any other questions Council? Goldsmith: I am really trying to step forward here with the well site for you and I would like to leave the option open of finishing that well site out for you as opposed to the pressurized irrigation, where I could give you a well site and deposit into your well fund. Kingsford: is Council prepared? Morrow: I think Mr. Mayor what I would like to propose in terms of emotion is that we move forward with Mr. Goldsmith's preliminary plat, but the approval of that preliminary be subject to the formal request for a waiver from the pressurized irrigation system citing facts that would make that waiver valid by us, subject to our City Engineer's conformation of those facts and then at that point in time we would address whether we would grant the waiver as a Council from the pressurized irrigation system. Also, as part of the motion require that the covenants and restrictions be submitted post haste for review by our City Attorney. Corrid: second Kingsford: It has been moved by Mr. Morrow and second by Bob Corrie to approve the preliminary plat for Los Alamitos subdivision by Marty Goldsmith conditioned upon a formal request for a waiver that sites the facts of need for that waiver of the pressurized irrigation system and the receipt and approval of the CC&R's, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: TABLED AT MARCH 15, 1994 MEETING: PRELIMINARY PLAT FOR SALMON RAPIDS SUBDIVISION BY MARTY GOLDSMITH AND ROYLANCE AND ASSOCIATES: Kingsford: Does Council have questions on this subdivision. Morrow: My questions would be directed towards City Engineer Gary Smith. You had some questions in terms at the last presentation with respect to how Nine Mile Drain was going to be treated and it says the application indicates individual lot irrigation, which is what we have been talking about. Have any of these issues been resolved since our last meeting? ~"~ Meridian City Council May 17, 1994 Page 8 Kingsford: Does it stipulate in the covenants what notice will be given? Crookston: I don't remember that. Kingsford: Well, let's don't haggle over that, that is something that ought to be discussed and addressed between the developer and which largely that is his concern anyway. Crookston: Written notice of any meeting called for purposes of making a special assessment says 20 days notice sent to all association members not less than 20 days prior to the meeting. Generally what you end up with is you end up with a few people running the association. But if you don't have that it doesn't get run at all. Kingsford: Well, I would suggest that the Council consider approval of the covenants conditioned upon an agreement with the City Attorney and the developer. Yen•ington: 1 would make that motion. Tolsma: Second Fngsford: Moved by Max, second by Ron to approve of the covenants and conditions and restrictions for Salmon Rapids subdivision conditioned upon an agreement with the Attorney and the developer, all those in favor? Opposed? MOTION CARRIED: All Yea ~.~ ITEM #4: FINAL PLAT: LOS ALAMITOS SUBDIVISION, 28 LOTS BY FARWEST DEVELOPERS: Kingsford: Does council have any questions for staff? Morrow. I have a question of Gary on item 17, it says provide recorded data showing that this length of Nine Mile Drain is owned by the Bureau of Reclamation, if they are owners should .this be shown as a lot and require them to sign on the plat. Do we have a resolution to that question? So we don't know if they are owners or not. Smith: Mr. Mayor, Councilman Morrow, the lot is shown on the plat as a lot as a separate lot the way it is drawn. Which indicates that it is under a separate ownership. Generally speaking if it is an easement if it is there by easement the ownership goes to the center of the ditch and then an easement line is shown. And that is why I raised the question. Morrow: And thus far we don't have an answer to that question? , ~~ /~ . . Meridian City Council May 17, 1994 Page 9 Smith: No, that is correct. I haven't heard from anybody on these questions. Morrow: Okay, on any of the questions? Smith: No, the only thing I received is I did receive a street name approval letter from Ada County Street Name Committee. Morrow: I have some questions of Shari, if no one else has questions for Gary. Kingsford: Any other questions? Shari Morrow: You have a letter dated the 17th to us showing several points were raised on street configuration has changed from the previously approved preliminary plat. And Nine Mile Drain previously shown as being tiled is now open. Applicant has requested a variance from tiling and pressurized irrigation requirements. So he has requested 2 variances there is that the issue? Stiles: I am not sure that there is a variance, I guess he would need to have a variance on that Nine Mile Drain now even though he is not sure if it is 54 or 60 inches. According to our ordinance I guess if it is 60 inches they wouldn't have to the that. There is another lateral that is further east of this platted portion that would require a variance. So, I guess the tiling may not apply to this particular plat. Morrow: And that was a request for the waiver of pressurized irrigation easement I'm sorry requirements? Stiles: Yes Morrow: Okay, then item 5, dealing with the City's understanding that the applicant was providing a well site and working with the school district to provide a 3 acre school site, there are some conflicts going on here with respect to whether the well site is going to be provided or a pressurized irrigation waiver is going to go there. Apparently none of that has been resolved as of yet, is that correct? Stiles: I believe he is going to do the well site, you still have to decide on the waiver. It was Gary's understanding and from reading all the minutes it was always donated. Now we have received the letter from Mr. Goldsmith that you have in your packet requesting reimbursement and also talking about the park/ school site. This is another one that requires a development agreement. Morrow: I have no more questions for Shari. /'~ Meridian City Council May 17, 1994 Page 10 Kingsford: Other questions of the Council? Morrow: Mr. Mayor I think obviously in terms of this project there are a lot of gray areas here. I think the gray areas I am concerned about that we do not grant a waiver from the pressurized irrigation apparently by not granting that waiver if we elect not to that triggers some renegotiation with respect to the well lot in terms of different positions. There are also some different positions in terms of the three acre school park issue of ground. It looks to me like in the case of this subdivision proposal that there is substantially more reason to table this than the prior one in terms of executing a development agreement because there are critical issues here that need to be spelled out. Having that in mind I would be in the frame of doing 2 motions so that at least the staff and developer get some guidance with respect to the pressurized irrigation. My first motion would be that the request for waiver from the pressurized irrigation system be denied. Yen-ington: Second Kingsford: Moved by Walt, second by Max to not allow the waiver for pressurized irrigation, all those in favor? Opposed? MOTION CARRIED: All Yea Morrow: My second motion would be that we table this to give the staff and Mr. Goldsmith the opportunity to get the development agreement up and before us for the next City Council meeting so that we can address all the issues and hopefully there will be a resolution on the well lot issue and on the 3 acre school issue prior to that time so we have a proposal that has all of these things covered and we can base our decision on that proposal. Tolsma: Second Kingsford: Moved by Walt, second by Ron to table Los Alamitos Subdivision until the next meeting with direction to staff and developer to get the development agreement so it is prepared for the next meeting, any discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Goldsmith: Mr. Mayor and Councilmen, I have addressed all of these issues on here and I would really like to see this plat move forward as I can name the last 3 times that we ran into problems with these plats as I have tried to get before you. The latest issue seems to be the development agreement and I have written a letter to Shari Stiles and she is in receipt of it and it clearly outlines my understanding as my talks with her and Wayne Meridian City Council May 17, 1994 Page 11 Forrey. They are that you guys wanted the job to prepare those documents and now it seems that it may fall on me. Kingsford: Well, in any event Marty I think they have got to be done. You are the one that wants to do the project, you are the one that wants to see it done. We have a conflict as to whether developers are going to give a 3 acre site, I think that is critical because we are talking about 3 other developers that fall in that same category. The minutes of the meeting clearly show that it was a gift, there is a different between a gift and a sale. Goldsmith: The 3 acre site. Kingsford: As Mr. Morrow said I think there are some very clear problems that we have in moving forward. It is incumbent upon you to see that we are in agreement to see what they are. Goldsmith: I have no problems, I was thinking that guys would pay for this school site in some other fashion then what Dan Mabe has proposed and he is willing to pay for the property and has a contract being drawn up on it now. It does not affect these phases ~~. right now and I will put in pressurized irrigation that does eliminate 2 of our 3 topics there and i will donate the wail site. I would appreciate your guys expediency on these matters and he ping me get cleared up. For small steps in the past we have gone 3 meetings and not been able to address these issues. I've tried to get some meeting with you guys to get this cleared up. Kingsford: Have you been in to talk to staff about these things? Mr. Smith for example says he hasn't had any comments back on a large list of items. Ms. Stiles said she got a letter from you, have you been in to talk about these items? Goldsmith: I have spoken to Gary and I have seen his review comments and there is nothing on there that we are not going to comply with. Kingsford: But, did you transmit that to the city? Goldsmith: No I did not Kingsford: Well, we are not mind readers. The Council would like to know that those things have been taken care of at least that is what I am reading. Goldsmith: The covenants is a typographical error, I mean the 1 S00 square foot lots and that is something I know all of those issues with Gary can be taken care of on the final plat. I really think that all of these issues are in hand at this time. And that I would hope that n n Meridian City Council May 17, 1994 Page 12 you guys would move forward and approve it contingent upon a development agreement to your satisfaction. This is the third time that I came in on these. Kingsford: I don't dispute that, I recognize your face. Goldsmith: One time I came in and it was just a typographical error on our scheduling, I was heard for an ordinance and not an ordinance and preliminary plat. And there have been 2 other misunderstandings and I am just trying to get them cleared up. Kingsford: Does Council desire to reconsider? Morrow: Mr. Mayor, Mr. Goldsmith and I have met to try and get the issues with Kachina Estates and those things taken care with respect to the pressurized irrigation things taken care of and he has been very cooperative about that. I am not willing to withdraw the motion for the following reasons. I think it is high time that not only we in city government but the development community, the engineering community and everybody else understands that when they bring a project fonnrard it needs to be presented so that we as guardians or trustees of the publics best interest have a fair chance of making a wise and intelligent decision based on facts that are before us. To sub-contract that responsibility to our staff I think is not only not doing our job but it is unfair to those folk. And so I guess my position from here on out is like when we build a project we try to make sure that we have everything done before we present it for sale and that just makes good sense to me. I think what happens is that in the past there has been too much authority delegated to the staff from the elected folk and put an unfair burden on their shoulders to approve projects and make decisions contingent upon all the things being met. And quite frankly when I first came on we voted for some stuff 1 didn't have a clue what was going on and I wasn't sure that 1 was representing the taxpayers best interest. I think ftom what I'm hearing in the last 3 months or so maybe it is time we tighten up the ship a little bit and we have all those facts and figures before us. If they are not before us it goes back to the P & Z folk because it is not fair for us to approve something that is radically different from what those folks approved and that is part of the governmental process. So, for those reasons unfortunately Marty you happen to be the guy on the hot seat but I think your proposal is a perfect example of what is going on, some better a whole lot far worse. And in many cases those folks that we are dealing with aren't as agreeable or as easy to work with as you are and will be. So, I think now is the time that we start and press forward and make sure all those things are in place. So that we can make good decisions and have good government that is what the folks are paying their money for. That is how I feet about it in general. Goldsmith: Who should I work these items out with? n ~ Meridian City Council May 17, 1994 Page 13 Kingsford: I think you need to get in, you have a list of things that Ms. Stiles has spoken to, you have a list of things Mr. Smith has spoken about. You have the issue still with Kachina Estates, I'm not sure where you are at with that, I would like to see some correspondence to see how that is resolved, I've not seen anything on it. I did see one letter that talked about and a piece of illustration of a fence. I'm not sure that was discussed with Walt and is satisfactory and so forth. 1 would like to see some minutes of that. I think you need to clean up those covenants the way you want so we see that and post haste. Time is money to you I understand that but we want to see it done well as Mr. Morrow has indicated. Goldsmith: I sure would have had a development agreement before you this evening if it was on my list. I appreciate your guys consideration. Can you comment on the fence Mr. Morrow? Morrow: Yes, the fence issue has been well resolved. 1 think I have seen information from Mr. Schild that is agreeable with the fencing issue. I do think for purposes that belongs in a development agreement. That in fact has been accomplished. The notice in the covenants and restrictions was there addressing, 1 had asked be addressed notifying the subsequent buyers of the property that there is an agricultural usage there that does pre- exist that subdivision. That those folks rights will be protected to do their agricultural things as necessary. And so that has been taken care of, I do think there ought to be as part of the development agreement notification of the realtors in terms of notifying potential buyers that those things exist and that has been done with Mr. Goldsmith in good faith in terms of harmony with the neighbors. Kingsford: And that included the things with regard to spray and those types of things, livestock. Morrow: Yes Kingsford: Last I saw Mr. Schild was concerned about that. Are we singing from the same sheet of music? Goldsmith: Yes I think so, if you can give me an appointment date, I do have problems getting an appointment. I would like to be prompt and get my things done. Kingsford: Mr. Berg will be in in the morning, is that true? Get with Mr. Berg the City Clerk and he will coordinate that. ITEM #5: COVENANTS, CONDITIONS, AND RESTRICTIONS FOR LOS ALAMITOS PARK: Meridian Planning & Zoning December 14, 1993 Page 11 ITEM #4: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR SAGEHEN ESTATES SUBDIVISION BY GOLDSMITH CHARTER AND ROYLANCE AND ASSOCIATES: Johnson: This is a public hearing, I will. now open the public hearing is there a representative of the applicant who would like to come forwar3 and address the commission? .You need to be sworn. Dave Roylance, 4619 Emerald, Boise, was sworn by the Attorney. Roylance: Mr. Chairman, Commission members, I'm Dave Roylance, a Civil Engineer representing the applicant. This is a residential development containing 74 lots. We propose central water, central sewer and other standard utilities. All streets shall meet the requirements of the Ada County Highway District and the City of Meridian and be dedicated to the public. This is a phased development and we have shown phase one of our project tonight. May I answer any questions? Johnson: Questions for Mr. Roylance? Hepper: Is this an R-4 zone, is that what you are requesting? Roylance: Yes Shearer: I've got a question for our Attorney, do we need to reverse the order of these. I would guess that this is not adjacent to any city property until this other project is annexed, is that true? Crookston : I haven't looked at the contiguousness of either one of them. Roylance: If I might I believe that is correct, in order for Sagehen to be annexed that Upland Meadows, which is the next project on the agenda, would provide the annexation route. Shearer: Do we need to switch our agenda, or does it make any difference? Crookston: No, only one, the one that you are not hearing now simply needs to be annexed prior to this application. Shearer: So it won't make any difference. Johnson: And it could be a condition of your motion. a ~~ ~~ Meridian Planning & Zoning December 14, 1993 Page 12 Hepper: May I have Mr. Roylance circle the lots that have less than an 80 foot frontage where the R-4 designation requires an 80 f oot f rontage . Roylance: That has since been corrected, that was not necessarily done by design when we do these, it sounds a little weak, but when we do these by computer sometimes those lines dcr.'t come out as we expect, but anyway that has since been corrected I'm aware of that. Hepper: Does it change the overall number of lots? Roylance: No it does not. Hepper: So in other words we are still pretty much looking at the same project but just a few variations of property lines? Roylance: That is right, if the lots did change they would go down and not up, but we don't anticipate the number of lots to change. Rountree: Would you hold that up again, it might answer some of the questions I had. So you have replatted those lots at the entrance where (inaudible) which ever that, that is a different plan than we have. Roylance: It is not substantially different, but none the less it is different and we have done that to try to address some of the concerns. Also, here in the following project, which is right across the street here, we were requested by ACHD to align the streets of both projects with each other even though we are not hearing that project tonight that also did dictate a change on this project as far as the impact to the City as far as the issues. I wouldn't think that would substantially change but we did make minor modifications to bring this in compliance with the City code and the requirements of ACHD. Rountree: Did you have that discussion with ACHD with respect to their concerns about traffic studies and that sort of thing? Roylance: Yes we have. In fact they have requested a traffic study and we have authorized Gary Funkhouser and his representatives and it should be completed December 21. Johnson: With the (inaudible) in our decision making process, when that is done, when you do a revision in the eleventh hour perhaps you could give us a copy of that so we would have something to look at it .at our desk or in our packets . Because we are looking at something totally different. Fortunately, Charlie picked up on that Meridian Planning & Zoning December 14, 1993 Page 13 Roylance: I apologize for that, I realize it is not good form to submit one project and then bring in another.. It was done in the spirit of trying to make things form and not an attempt to pull a fast one, but I do appreciate your concerns. Johnson: There have also been canine that have graduated from college. Hepper: What about fencing or berms, landscaping, anything up front along the street there. Roylance: We intend to berm along the street, you can see the landscape lot, I hope its on your plat is on this plat. Hepper: No it isn't Roylance: I see, we do intend to provide a berm along Locust Grove and we do intend to fence the perimeter of the project, we may not fence the phase line, but we do intend to fence the perimeter. We also intend to fence along the canal through here, along the Nine Mile Canal. Hepper: Would that be a metal fence along the ditch there. Roylance: I had envisioned a cedar wood fence, if somebody required a chain link fence then that would be considered, it isn't what I envisioned. Hepper: Wasn't there a note in our packet that here just recently the City Council, maybe Wayne knows better, doesn't like the wood fences because people burn the weeds and the fences go along with them. Forrey: The Irrigation District Hepper: Okay, the Irrigation District, I knew there was someone who made a comment about it. I think the Irrigation District would prefer to have chain link. Roylance: Now that you mention that I'm aware of it, we would probably like to use chain link and slats for the appearance, but they may object to that. Johnson: Any further questions for Mr. Roylance? Alidjani: I've got a question, any comments regarding the 22 items that Gary has conditioned you upon? Meridian Planning & Zoning December 14, 1993 Page 14 Roylance: There is nothing on Gary's list that I find out of the ordinary that we cannot do or have not done. I can explain some of those that maybe I deemed to be important if I miss something you would like to hear I'd be happy to respond to it. Regarding item #l, we did submit a legal description for annexation for only phase one of our project and as I read condition #1 it says submit a legal description prepared by a registered land surveyor for annexation and zoning of the whole piece of property. That causes a small problem for us, and the reason we didn't do that is because this is a phased purchase and Marty Goldsmith the owner has only entered into an agreement at this time to purchase phase 1 of the project. So that is what we would like submit and get annexed, as I understand it the seller has asked that he not annex other pieces until he issues and executes phase 1 of the purchase. That is the reason we have shown only what we have shown and that is the reason the description describes just phase 1 of our project. Alidjani: How about phase 2, 3, if you have a problem if you don't that is fine. Roylance: No, these are all doable things. The answer to #2 is the same as #l. We do have a very conceptual layout for the total property we'd be happy to share that with you but since we were asking for consideration of phase 1 that is really at this point all I have turned in. We do have a concept plan for the entire project for this one and the one you will hear in a minute and I can submit that to Gary. Regarding the well lot, we can deal with that issue, that is item #3. We have corrected those deficiencies that are suggested here and if we have not we will. Would you like me to go down right through all of these? Johnson: Well, I'd like to hear your answer for #7 and 9 which are basically just questions. Roylance: Okay, regarding 7, more than a 100 lots will ultimately take access to Locust Grove Road, what other access is planned. We have arbitrailly shown at least one stub out of the property here and our conceptual plan over here shows another stub out to this location and one here. At this point those are arbitrary and we get the traffic study and when Ada County Highway District has fully read that study I'm quite sure they will suggest where certain access points should stubbed at the perimeter and we will do that.: Right now I'm aware that it is very likely to be a requirement and we have shown it here and on this part we have shown another accesses here and one in this location, but I think that will be ironed out when the traffic study is complete and evaluated by ACHD. Mr. Johnson, was #9 the other one you wanted Meridian Planning & Zoning December 14, 1993 Page 15 me to discuses? Johnson: Yes Roylance: Regarding the Nine Mile Drain, I'm not sure the exact status of that, what we would like to do, if this conforms with city requirements, is fence it at the easement or the right of way, that is fence it at this location and fence it at this location. Which would be the right of way lines and nqt the it and let it go at that. That is what we would like to do, that is what we have done in the past in similar projects and we hope that is affordable. Johnson: Any other questions for Mr. Roylance? Hepper: I had a question on pressurized irrigation system, you said individual lot irrigation (end of tape) Roylance: Regarding that pressurized irrigation system, I don't know that we have made that decision. As I understand it I think the City Ordinance requires we address it in some fashion or another. If we have adequate surface water rights and if they are usable for a central system, that is some times if they are on a rotation schedule it just isn't practical to develop an on site system. If we can do that it would be our preference to provide an on site system, if we cannot do that for the reasons I said or other reasons .then we would like to bond for that item. And we really haven't made a decision on that yet. Hepper: And right now as it stands you can pay a fee to the City for a Well development or do pressurized irrigation system, I think they are in the process of changing that, aren't they? Johnson: Yes, that is my understanding that they are. Hepper: But, at this moment it hasn't changed. Roylance: I think it might be the City's preference to get these facilities and I think that would be ours, if things work out and if they don't work our we will have to bond for them. Johnson: Okay, well thank you very much. City Engineer Smith is there anything you would like to address at this time on this application? You had several comments and I'm just hoping that you got satisfaction. Smith: Mr. Chairman, Commission members, I haven't had a chance to talk to Dave about my comments. I will need to have each one of ~^'~, n Meridian Planning & Zoning December 14, 1993 Page 16 them addressed and I'm confident that Dave will be in touch with me and we'll get answers to each of my concerns. Johnson: Thank you Gary. Anything from ACRD at this point, Larry Sale? Sale: Do I need to be sworn «gain? Larry Sale, ACHD, 318 E 37th, Boise, was sworn by the Attorney. Sale: Our recommendation to the City was that the approval of a Preliminary Plat of this project and the next project be deferred until we had completed our review and accepted a traffic study of the area. The question of the annexation is one which you can proceed with if you desire, we again would request that you defer action on the Preliminary plat. The Chairman's question about the number of lots on the single access is a case in point. WE can allow more than 100 units to gain access to the arterial system by one route if it is a collector route, but if that is a collector route than we don't want those lots fronting on it what is shown on the revised layout here tonight. So we anticipate some significant changes to the layout as a result of our findings and I would recommend that you defer action at this time on the Preliminary plats. Johnson: Any questions of Mr. Sale? Alidjani: Mr. Sale you are recommending that we defer the timing, do you have a time table for when the study will be done? Sale: Mr. Chairman, Mr. Alidjani, the applicants representative indicated that the traffic study will be submitted we are able to complete our review and submit our request for additional information or changes to that traffic study in about 2 weeks we try to turn them around. We try to turn them around in 10 working days. Usually then they are, as I say in this case I anticipate some changes to the Preliminary Plat so that might cause the applicant some additional delay while his consultant is working on both the corrections to the traffic study assuming there are some and the changes to the preliminary plat. Rountree: Mr. Sale, what is the ACHD's guide on the number of lots to be served by a single access without a collector street? Sale: We allow up to 100 on a local street access, above that obviously that is an arbitrary number above that we require either a collector or 2 local street accesses. We want the consultant for the traffic study to meet with us prior to beginning his effort /'\ Meridian Planning & Zoning December 14, 1993 Page 17 because we want him to look at and we would like him also to meet with the City Engineer so that he has an idea of that amount of land that can be served in this sewer drainage basin because that likely will closely resemble the transportation drainage basin that is the area within this square mile that we would expect to be served off this collector or this access. If it looks like there is an adequate opportunity to access the rest of the square mile with stub street out of this project .and other collectors off of either Overland or Locust Grove or other arterials than that pose kinds of things help us answer Mr. Rountree's question a little more. Johnson; Okay, thank you very much Mr. Sale. This is a public hearing, anyone else from the public like to address the commission at this time on this application? Yes mam, you need to be sworn as well. Lydia Aguirre, 2620 South Locust Grove, was sworn by the Attorney. Aguirre: Commissioners I wanted to present my case and my concerns to you about the subdivision that is going in. First of all on the plat that was proposed, it is incorrect and so if I could show you this I could show you where I am in relationship to this whole subdivision. There is a division here, here is the seller of the property his property is here and there is another residential area of 2 acres in this small plot and I am here, I have 3 acres, so I am technically land locked between this residence and myself. South Locust Grove, I don't extend into South Locust~Grove, the small dirt road that leads into my residential property. Alidjani: I'm sorry, how do you get in right now according to this map. Aguirre: There is a small dirt road right here and that is how I get in. Shearer: That is your property? Johnson: It is not an easement, its your property? Aguirre: Yes, I have a concern with the subdivision because I am technically land-locked, I'm not sure what they are proposing. I'm backed up by that subdivision on 2 sides, one side of me where the road is and on the back side. I would like to work with the developer or at least have some more information on what kind of public access I can have and I would like to keep my property so that I'm able to develop. it some future date as well. I don't know n ^ Meridian Planning & Zoning December 14, 1993 Page 18 whether that means stubbing a road in towards my area from that development I'm not quite sure how that could work. I just want to . make sure the property I have is fronted correctly, aesthically, I'm looking for cedar fences for my font yard, and I also would like to have access to some kind of a stubbing if I do want to develop it at some future date that it is there and accessible. Johnson: Have you had any. discussion with the developer or his representative up to now? Aguirre: I have not. Alidjani: I have a question, approximately how many feet of you easement of the road that you own? Aguirre: I think it is about 30 feet, 30 or 31 feet. It is a small dirt road, one lane, and that provides access for me to get onto South Locust road and that is the only access I have to a public road. Alidjani: When you purchased that property, were you happy with that road at the present time? Aguirre: I was, I also purchased this property only 3 months ago with the understanding that there was not going to be any subdividing going on because of the zoning, which is probably a typical comment. The thing I'm concerned about, when I purchased this property, I moved from Boise and the thing I'm concerned about is I moved there for the quality of life the privacy that it provided for me. Zoning this piece of land R-4 concerns me a little bit, I'd like to see the zoning to be if they were 5 acre plats of l0 acre plats that would make me and my neighbors happier. The quality of life out there right now, there is a lot of privacy, wildlife, those are the kinds of things that people are moving out to that area to have, and I just think to be consistent with the planning that is going on, R-4 is a pretty densely populated subdivision for that area. Johnson: Okay, is that all you have to present? Aguirre: Those are my concerns. Johnson: "" Thank you very much. Anyone else from the public like to address the commission? Yes sir, please come forward and be sworn. John Shipley, 2770 South Locust Grove, was sworn by the Attorney. Meridian Planning & Zoning December 14, 1993 Page 19 Shipley: I'm also one of Lydia's neighbors. I have approximately 5 acres it will be right adjacent to, its right in front of where the canal, the Eight Mile Lateral crosses there. Johnson: Can you picture where that is Commissioners? Thank you Shipley: "_'he McDermot property is directly across the road from me which is the other subdivision. Johnson: Could you point that out please Wayne on the overhead? Shipley: I would also like to work with the subdivider and I realize that more taxes are going to be derived off of one lot than the entire 50 acres that is proposed to be subdivided. I though maybe my piece of property could be an RV storage or something like that and its kid of a situation if there are going to be all these houses and all these people out there that would be an advantage to them to have a place close to home where they could keep their stuff and still not be so far away that they couldn't come and load it up to go camping on the weekends and things like that. I thought that it would be a proper proposal to address right now and I also was a little concerned about future conflicts with kids, dogs, irrigation water. Those are things that occur fairly frequently and the more people you get the more problem there is. I though that the proposal to put in pressurized irrigation was a really good proposal because that settle a lot of those problems right off the bat and when you have people sharing water and times and some people have to get up in the middle of the night to change water and those kind of things it is a regular hassle and people that are moving out there won't know anything about those types of situations. I have lived there for 20 years I really know what I am talking about... I becomes a real hassle and for the next 2 or 3 years I'll continually run cattle and I don't want somebody's dogs coming over and chasing them through the fence and what not and obviously I won't be able to shoot them anymore. That is all I have to say. . Johnson: Thank you very much. Wayne would you point out Lydia's property on there for me? Thank you that is where I though it was, the land locked situation. It is only 3 acres so it has to be that area. I didn't ask, are there any questions of the gentleman that came forward to testify? Apparently not, anyone else from the public like to come forward, yes sir same procedure. Clifford Babbitt, 11881 Amity, Boise, was sworn by the Attorney. Babbitt: I own the property the 6 acres between the 2 parties that were just up here. And I am totally in favor of the subdivision, /'~ ,~ Meridian Planning & Zoning December 14, 1993 Page 20 I would like to see the drainage ditch fenced through there on both sides for protection of kids and what else. Alidjani: Can you elaborate more about fixed Babbitt: Fenced. One of my concerns is that my water and these other parties drain water runs into the subdivision there. I take it the subdivider will move the drainage pipe up the ditch there so it will drain into the drainage ditch, because right now it drains off of Gene's property there which is part of this subdivision right now, and it needs to move up the ditch so it can drain and that would be the most logical thing to do. And I had one thing about the pressurized water, as he stated it is a terrible problem to get these people up in the middle of the night, they go back to bed they let the water run and flood people, it gets to be a problem. If they do this, if you people do require it the drainage out of my water ditch there and the rest of them there, only waters a small section of this which would be the west side of that drainage ditch and I wouldn't want the water for the whole subdivision coming down my ditch trying to pressurize the whole subdivision because that looks like water comes from another ditch up above and that would take my water time away from me. Of course the other thing like you said we do run cattle in there and they do ball and when you bring new ones in the new ones ball for a little while, and I want it on record that we were there long before the subdivision was. Alidjani : I have a question sir, as you were saying tha=t wish them to fence the ditch, is there any fencing at all around the present ditch? Babbitt: Just for cattle on our property there. Alidjani: And you want him to fence that area Babbitt: Well the 6 foot chain link-fence along there, that usually require they have in the past instead of enclosing the ditch. And the other thing I was concerned about is the sewer, the water comes down the side of Locust Grove there and I wanted to make sure the sewer was going to be stubbed out on the ditch bank there going south the property there. That would be right along the ditch bank there the drainage ditch there and would be stubbed out to the end of the property there, because there will be more developments south of that property there will be more on up and I'm sure the work department a\has already got that proposed but I want to make that it is put int he record that it is stubbed out that way. /~, Meridian Planning & Zoning December 14, 1993 Page 21 Johnson: Okay, thank you very much any questions? Anyone else from the public like to come forward, yes sir. Frank Stoppello, 782 Arlington Drive, Eagle, was sworn by the Attorney. Johnson: For the record we have a letter in our packet from Mr. Stoppello. Stoppello: I just wanted to briefly address that letter. I would generally be in favor of this project, I haven't seen the 20 conditions or the plat plan, but the only thing I was concerned about, I kind of have a unique situation and of course everybody says that, my access and I'll just show you my copy of this proposed development, I own the 13 acres running along here, the drainage ditch is my western boundary. My access goes down the canal bank and down this access road. It is quitea long access and one of the problems that will happen as I understand it is Mr. Goldsmith's access will be right on Locust Grove very, very close to my access. I too bought this for tranquility but it is obvious that it is not going to be that and it is property that I too would like to develop. My only request would be that there be stub into my property and some coordination of an access whether we are talking about a 100 units or 200 units and Mr. Goldsmith informed that his second phase, if I'm wrong on this Marty you correct me, proposed a stub into my property around this lot 18, my only request that i~t be stubbed in as part of the first phase, and obviously I would like to coordinate with ACHD and Marty and making sure that 13 acres doesn't get land locked because of proper access to Locust Grove under ACRD guidelines and rules and regulations. That is all I have. Johnson: Any questions of Mr. Stoppello? Thank you Frank I appreciate it. Anyone else from the public? Would you like to offer anything David? Roylance: Several things, we understand the concerns of Ada County Highway District and we don't object to their request. Regarding land locking adjoining properties, I'm not aware of that situation but if the land owners could contact me or our firm and our number is 336-7390, we'll be happy to work with the adjoining property owners and try to remedy any situation that we can. I would hope in doing .that, that we are not forced to take unreasonable steps to remedy a situation that we did not create, on the other hand we would be happy to work with the neighborhood and do what we can to be compatible and be a good neighbor. That is it do you have any questions? /"~ /'~ Meridian Planning & Zoning December 14, 1993 Page 22 Johnson: I don't, does anyone have any questions for Mr. Roylance? Hepper: Will the sewer line be coming up Locust Grove Road or coming up the drain. ditch? Roylance: My understanding now it will be coming up Locust Grove Road, is that correct Gary? That is whams we are looking at, it mzy not be the only option that is the one under study right now. Hepper: Even though the drain ditch is lower and you can get enough depth out on Locust Grove to drain on out to Locust Grove? Roylance: We think so, we've been contact with Gary and have some preliminary designs that are currently being reviewed, and the think\g is we don't want to put the sewer in a location that would lock out other properties. Rountree: Would you be open to a (inaudible) as opposed to those people who feel an impact or perceived impact based on your clients action that you or your client take the effort and make the effort to contact those adjoining property owners and try to resolve those issues? Roylance: Well if it all right with this commission and you I would prefer they contact us. The. point being I don't know exactly what their issues, they do. If it is put on me I might contact 2 people not talk to the 3rd and not know what the issues ,they stated the issues, we are in the phone book we are easy to find if they have a concern I would encourage them to contact me. I think we could do a better job by working with the neighborhood if they contact us. Johnson: One of the concerns that comes up David, and I'm sure you're aware of it, when we have public hearings like this the public not being skilled in planning and development it does require not require but in their minds they suggest, demand that they be contacted when some development is going on. So we have as a body endorsed the developer to extend as much as he can in that direction so that we are kind of cutting off the path maybe some complaints we have in the future, and I believe we addressed that in the Comp Plan, have we Wayne? Forrey: .Yes we have Johnson: That is a series of input sessions and of course the number of hearings like this we get that all the time. We need to do a better job as developers and as a City in letting the public Meridian Planning & Zoning December 14, 1993 Page 23 know what is going on primarily because they are naive in that area which understandably is so. Roylance: In light of that I will do that. Those 2 people I heard tonight, well I guess there was 3 i could get that from them tonight you will have that. How. do I make sure I don't inadvertently leave somebody out? Johnson: And I don't think anyone expects you to dot every I and cross every T with respect to that. but I,, think just making the offer and making yourself available and how to get in touch with you is all you can do. If I were the developer maybe I'd go around adjoining property owners and talk to them about the development, I don't know how feasible that is I'm not a developer but that is something the public would like. Roylance: Okay Johnson: That is why I'm making this speech. Larry did you have anything you wanted to add to Mr. Stoppello's comments at this point? Sale: Do I have to be sworn? Sale: Mr. Chairman I've talked to Mr. Stoppello on the phone and assured him that if he will contact us which he has we will consider his request to provide access. We try to do that in all locations to make sure all parcels have adequate access. I guess did that answer your question? Johnson: .Yes, I appreciate your comment. Alidjani: Larry, can I ask you a question please? How close those entrances can be? The concern the woman had was their entrance or exit 'the easement to Locust Grove would be quite close distance wise to this subdivision. Sale: Mr. Chairman, Commissioner Alidjani, we prefer a separation, it kinds of depends on the level of activity of each entrance we prefer a separation of 125 to 150 feet as a minimum along a major street. That would emphasize our desire to make sure there was another access provided to these properties so that they could give up their driveways on Locust Grove. Johnson: Okay, thank you very much. Anyone else from the public that would like to come forward at this time? Your up. Marty Goldsmith, 4550 W State St, Boise, was sworn by the Attorney. .. ,~ r Meridian Planning & Zoning December 14, 1993 Page 24 Goldsmith: In regards to Mr. Stoppello's questions, I had not intended on stubbing out a street until later in the plans and it was right where he indicated, but it was not planned on being done right away.. Johnson: Was it in phase 1? Goldsmith: Yes, we had worked with him on the location there. And the distance is over 200 feet it is more like 250 or longer toward these guys recorded easements, Mr. Stoppello has a recorded easement as well as Lydia they are talking about there so the distance between those streets is greater than required by ACHD. Johnson: 250 feet approximately? Goldsmith: More than. Thank you. Johnson: Thanks Marty, is there anyone else? If not then I will close the public hearing. Aguirre: I do have a question on the 250 feet, I didn't realize it was 250 feet, I thought it was less. Johnson: Would you like to answer her question? Sale: I'm sure I can, I think she is asking. about the existing situation. Johnson:. Your talking, is it really 250 feet, is that your question, oh I'm sorry. I thought you were talking about the requirement. You want to know what the actual distance is, is that your question. I don't think anybody can answer that here except maybe Mr. Goldsmith, we certainly can't answer that. Goldsmith: The entrance in question is here and your easement is down here, and this distance along the back line of Mr. Babbitt's property is 200 and then we would need to take into account the 20 foot berm and that 30 foot easement. There is 30 feet that has been recorded in here. Anyway this 20 foot berm and this 200 and whether you came from the center of this road or exactly where that measurement is picked up. I do believe it is 200 and something and not 250. Your road is right here correct? Okay, there is nothing there taking your road is there? Aguirre: But if you go 250 feet it would go down further to my road, your 200 on Babbitt's property line and then the additional would come down south of that wouldn't it? /'~ Meridian Planning & Zoning December 14, 1993 Page 25 Goldsmith: I guess the only measurement I'm sure of is this 200 and it would actually matter whether you took into -account this ~~ berm here and whether you started from the center of this street or not. So those are the only 3 measurements I have at this time. Johnson: Okay, I did close the public hearing did I not? Crookston: Yes Johnson: What is your pleasure? Whatever we do we need to bear i mind Mr. Sale's comments regarding the traffic study and address the annexation. Shearer: I move we have the Attorney prepare Findings of Fact and Conclusions of Law for this project. Alidjani: Second Johnson: It has been moved and seconded to have the City Attorney prepare Findings of Fact and Conclusions of Law, all in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR UPLAND MEADOWS SUBDIVISION BY GOLDSMITH CHARTER: Johnson: I'll now open the public hearing, is a representative of the applicant of the applicant like to come forward at this time, you need to be sworn. Dave Roylance, 4619 Emerald, Boise, was sworn by the Attorney. Roylance: Mr. Chairman, Commission members, you have probably heard this pitch before but here we go again. This is a residential development containing 77 lots. We propose central sewer, central water and other standard utilities. All streets will meet the requirements of the Ada County Highway District and the City of Meridian and be dedicated to the public. May I answer your questions? Johnson:."Questions for Mr. Roylance? Shearer: Is this.-Comp Plan, this subdivision plan here is no longer valid is it? Roylance: That is correct, we have some preliminary discussions ~ !i.\ ` Meridian City Council March 15, 1994 Page 38 MOTION CARRIED: All yea Kingsford: I assume we are tabling until the next meeting then the preliminary plat. ITEM #16: PUBLIC HEARING: ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR LOS ALAMITOS SUBDIVISION BY GOLDSMITH CHARTER AND ROYLANCE AND ASSOCIATES: Kingsford: State your name address and be sworn again this is a different public hearing. Marty Goldsmith, 4550 West State Street, Boise, was sworn by the Attorney. Goldsmith: Basically this subdivision is the same as the one across the street. We will bond for the concrete sidewalks or provide the improvements ourselves as per ACHD's recommendations. The lots are a little bit larger over here and once again this is going to be a subdivision that is middle class in my opinion. The homes will range from 5130,000 to 5200,000 in range. I feel we are in good keeping with the neighborhood there. Any questions at this time? Morrow: With respect to Mr. Smith's comments, how will you treat Nine Mile Drain as it passes through the subdivision? Goldsmith: I have a fetter I wilt be giving Gary Smith tomorrow when I talk to him about the issue that I have an appointment with which is the ground water elevation. That letter is from Greg Martinez and he is with the Army Corps of Engineers and the Nine Mile Drain needs to be left open and if you will find in your ordinance book that your ordinance applies to irrigation canals and that such and that drainage are an exception this is a drainage. Morrow: And so is it going to be fenced or? Goldsmith: Yes it will be fenced. Morrow: What type of fencing? Goldsmith: Well, it will be chain link fencing or wrought iron fencing, I am just real close to figuring that one out. Morrow: And item #19 on his comments, the application indicates individual lot irrigation, what will be the supply the water supply for the irrigation? Meridian City Council March 15, 1994 Page 39 Goldsmith: That was a mistake on my behalf and I don't propose at this time individual lot irrigation system and would like to deposit into the Well and have . spoken to Wayne Forrey about this wish. Morrow: And then what would be the method of storm drainage for this parcel? Goldsmith: In phase one we have a retention pond that is drawn right now and I could point to it. It is right here tinaudible). Morrow: What about the Nine Mile Creek? Goldsmith: I have an engineer his name is Glen Logan he is with Earth Science, we went out and dug some test holes and the results are very positive there. We will be submitting that to Gary, I have an appointment with him at 9 a.m. tomorrow. I will also bring in that letter from Greg Martinez. Another one of Gary's concerns was the flood plain, we are right in the middle of that. Things look good we are going to be able to meet Gary's requirements and have a good development here. We are going to meet ACHD's requirements and we have worked in 3 different meetings with ACHD and their changes are shown here as they requested. Morrow: Gary do you have any additional comments or questions concerning those things he brought up and answered to these questions? Smith: Mr. Mayor and Councilman Morrow, I think the only thing that 1 haven't discussed fully with the developer and. his engineer is the exact location of the sanitary sewer line to serve this subdivision. On a preliminary basis we talked about extending it in to Locust Grove Road from Sportsman Pointe subdivision. Since that time I wondered about the need from bringing it up Nine Mile Creek because of service ability to property on the east side of Nine Mile Creek to the trunk. The engineer, Roylance and Associates was gathering information on serving that property and I believe they are right on the verge of having it for me to look at. I think that is the only other item that is a question at this point. 1 need to keep the sewer on as much of the drainage as we can just to allow it to serve the adjacent properties in the drainage area. Because the drain or Nine Mile Creek as it is called is a low point for that area. Yerrington: Gary, would this be a real good place for pressurized irrigation? Kingsford: I was about to ask that question, when we had our joint meeting with P & Z wasn't it the recommendation of that body that we move along with an ordinance requiring that? Where are we at at this point? I have some real concerns about ,.--. .. ~ ~ <; Meridian City Council March 15, 1994 Page 40 wells. Morrow: That was going to be my next question to Wayne Forrey, was how does this resolve the, how do you interpret this issue with respect to the workshop and our desire not to do wells? Wayne Forrey, 52 East Franklin Road, was sworn by the Attorney. Forrey: Mr. Mayor and Councilman Morrow, is it in reference to Gary Smith's comment #19? Okay, I missed Marty's answer, I was looking at the staff report and then I heard my name. Kingsford: He is saying that he is going to contribute to the Well fund. Morrow: As opposed to doing individual lots, his desire was not to do individual lots. Forrey: At the time that Marty and I had that conversation the City was in transition we had shifted emphasis to Nampa Meridian Irrigation District. Marty came back and indicated that they were not requiring him to have pressurized irrigation. We were under the impression that they were going to require it and have some type of program, they indicated no that is not the case it is up to the City. And we have our Well Development Fee still in place and as an ordinance. Until we have direction from the City as to how to implement pressurized irrigation I told Marty he would either have to make a deposit to our Well Development Fund or participate in Nampa Meridian's program. His comment back was well they are not requiring me to participate in their program. So, I at least felt he had to at least participate in our fee minimally deposit a well fee. I understand though now that we have a direction that we are headed, requiring pressurized irrigation. My interpretation Marty is that you would have to have individual pressurized irrigation as part of the subdivision with or without Nampa Meridian Irrigation District. Kingsford: Well, t think we have to pass that ordinance but I think the Council needs to deal with that and advise Mr. Goldsmith the direction to head as he is preparing his final engineering. Any other questions from the Council? Goldsmith: I have no problem with that and we'll be providing those services if those are your recommendations. Kingsford: We have got to get off of domestic water irrigating subdivisions and as we approach the Clean Drinking Water Act and all that we are going to have to do with that is just going to be prohibitive for a property owner to try and sprinkle with /'\ ;^ Meridian City Council March 15, 1994 Page 41 that water let alone for us to try and come up with enough wells to do it. Goldsmith: If you put me through by this one as my last one went through I was just required to deposit on the well fund and you could maybe serve these guys with a notice that it would be fair notice to the next guy on the block that he is going to going in with a little .bit more overhead. I would hate to be the first one around with S 1200 a lot additional cost. Kingsford: Everyone hates to be the first one, but there has to be one. Anyone else from the public that would like to offer testimony on this issue? Lydia Aguire, 2620 South Locust Grove, was sworn by the Attorney. Aguire: I have some concerns I discussed with Marty Goldsmith and we worked some things out. Some of my concerns are along with Mr. Morrow talking about agricultural practices being practiced, I would like to just point out where my property is here, and my property is right along here which is 3 acres. There is also agricultural area all the way down which is south of there. Once again burning of ditches is a common practice, tractors, irrigating, corrugating, all kinds of agricultural animals there. So, that kind of thing a notice to the residents would be in order so that the same thing doesn't happen to me that happened to the guy in Caldwell just like he said. Another thing I would like to understand is the impact to my well, all of us are on wells some shallow some a little bit deeper. My well is 1.20 feet and I don't know the depths of the other wells that are in that area, but any irrigation that is going to be happening I want to understand the. impact to me. I am irrigating the 3 acre pasture that I have on City Water so I would like to understand the impact of my irrigation water as well as my well water which is domestic. I would also like to understand on the sewer, I'm not quite clear, it has been changed to where the sewer is coming down. Is it coming down South Locust Grove, is it coming down Nine Mile, I am still. not clear about that. So those are just some of the issues that I have for the record. Kingsford: When you said Lydia that you are on City Water to irrigate that was a mistake. Aguire: It is not City water I'm sorry its just irrigation through the irrigation district. I just want to know if that is going to be impacted at all. Kingsford: No, it is unlawful to separate the water from the land. With regard to the sewer I couldn't tell you I don't know whether Mr. Goldsmith's engineer has addressed that already or what. ~. f"1 Meridian City Council March 15, 1994 Page 42 Aguire: And also the impact to my well as well as the other wells that are along that area. Kingsford: The wells wouldn't be impacted unless the City of Meridian punched a well and then a hydrologist would be obtained and we would deal with that. At least it is my understanding that at this point we will be at a much deeper aquifer and it should affect your well, but we would get that confirmation from our hydrologist. Aguire: The other only issue that I have I talked about this with Mr. Goldsmith and I think he is amenable we just need to work out details. The fencing or landscape hit the back of his subdivision, his houses along my private road how would that be faced to my property would that be fenced, would that be open, how would that be as far as landscaping and affecting the aesthetics of my. Kingsford: That is the same kind of thing that is less dealt with on his that needs to be a definite break there. Aguire: Those are my issues that I had. Kingsford: Thank you very much and we will have Mr. Roylance up here and swear him in and he is going to address the sewer question. Dave Roylance, 4619 Emerald, Boise, was sworn by the Attorney. Roylance: As stated my name is Dave Roylance I am a civil engineer representing the applicant and I will see if I can answer some of these concerns. Backing up just a little bit, regarding the floodplain of the Nine Mile Drain. Our firm is also working with another engineer Paul Coons who is pretty much acknowledged as the floodplain expert in this area that is what he specializes in. We are doing that study to see what the impacts are, the floodplain on the Nine Mile Drain and if it impacts our project what can we do to solve it. The impact would probably be too small of a culvert and the private road crossings. We actually have just completed that survey, we are in the last couple to 3 days. That is what these cross sections are and we have been working with Mr. Coons to try to get that information. What it amounts to (inaudible) this direction, when they get to here and come this way is an undefined area on the map. So, that doesn't give Mr. Smith any guidance as to what to do and it doesn't give us any guidance as to what to do. So, we have to go out basically to get the survey data and create our own FEMA map more or less. Kingsford: And then they have to approve that? --- .. Meridian City Council March 15, 1994 Page 43 Roylance: I don't know that we necessarily have to go through FEMA and get the map approved we would if we were-trying to make an adjustment to the FEMA map, there is a procedure to do that. Since there is no FEMA map we have to come up with data to prove where the floodplain is and if it impacts our project what we are going to do about and how we are going to solve it. And Gary has to review that information and approve it or disapprove it. We are hoping to turn this information into Gary say within a week I would guess. So that is where we are on the floodplain issue. Glen Logan is actually a soil scientist, we are .also working with him on the soils and the drainage as it pertains to a high water table and we are trying to address that situation so we won't have water in the crawl spaces and determine the finished floor elevations of the buildings. So, that is a separate consultant we are working with to try to get a handle on that problem. And we think we are just about to solve that one or at least have an answer to it also. Regarding the sewer, we are proposing that the sewer does come down Locust Grove Road instead of the Nine Mile Drain. And I think as Gary addressed earlier I believe that may be acceptable to the City provided we don't block anybody out of the sewer or we don't overload a certain drainage basin with effluent that was designed to go somewhere else and doesn't. And based on the elevations that we have here as part of the floodplain study that information would also be given to Gary and my quick assessment of it. 1 haven't fully studied it, it is not complete. I believe that by putting it on Locust Grove Road the same properties can be served and I think it will be equivalent to putting it down the Nine Mile Drain, but if that isn't the way it works out then we will have to back away from that plan. Kingsford: Well that is something that will have to be approved by Gary. Roylance: Yes, and this week we hope to submit all that information relative to that. Are there other questions I could answer? Kingsford: Did you hear your question being answered with regard to the sewer Lydia. He is proposing to put it in Locust Grove but in fact it may not be there it is subject to Gary Smith's or engineers review to make sure it does service that entire area. Roylance: I guess regarding impact to the wells, you said that about as well as I could, but if we use the surface water rights and we haven't really looked into that, but that would be the way to do it. Then it would not impact withdrawals from the aquifer and it would be the best way to provide it. And of course if we did use surface water rights for irrigation that would be the least amount of impact in my opinion to the domestic wells .and there is a well site proposed on the property for a future City well and for that to be used as a domestic well as you said the .~., .. Meridian City Council March 15, 1994 Page 44 hydrogeologist would have to study that situation and determine what the impact would be to domestic wells and hopefully it would be nonexistent or minimal and you can demonstrate that prior to the well be putting in service. So, I think the things that we are doing if surface water rights and so forth are providing the least amount of impact possible to domestic wells. May I answer any other questions? Kingsford: Did you have another one for him Lydia? Aguire: I did, just ingress and egress, I (inaudible). Roylance: The question was ingress and egress to the property south of the proposed project, was that the question? Aguire: Just on that plat (inaudible). Roylance: Ingress and egress to and from Locust Grove Road. This is the access point right here to and from Locust Grove road, this lines up with the project that was just talked about right across the street. So it is in direct alignment with the project. This, from here north would be a collector street and that was request by the Ada County Highway District. So, in the future the traffic (inaudible) want to go north and then I believe when they go north a certain percentage goes east and a certain percentage goes west. There needs to be a collector somewhere and (inaudible). And that is why it was required by ACRD that this road be extended north so as these properties develop this collector could be extended north to Overland Road. Ingress and egress ends at Locust Grove.at this point and we also have the request from ACHD to put a stub street in here. Are there any other questions? John Shipley, 2770 South Locust Grove, was sworn by the Attorney. Shipley: I wanted to make it clear I have lived out there for 20 years and I have seen the ground water test sites just recently in the winter time. In the summer time there is a quite different picture. I have been able to dig a fence post hole and get water at my place. I think maybe that these people are going to build these houses and will have a better shot at it if they know that ahead of time. Once that irrigation gets going there is an old furnace basement in my house, it become a swimming pool. The house is 70 some years old, part of it and the other part of it is 100 years old. The original well was put on that property somewhere around 1876. It was a hand dug well, the second well is only 40 feet deep, I have never had a problem getting water in 20 year in that 40 foot well. Even in our driest years there has been no problem, so we have ground water and plenty of it. If sewer comes down Locust Grove my place sits right on the comer where the Eight Mile Lateral canal comes across the river .,. /'\ 11 Meridian City Council March 15, 1994 Page 45 there and it has been cemented on the front side and it never helped the ground water problem. Shaffers place lies just south of me, there is a corner of his filed there that he has never been able to farm correctly because he gets his tractor stuck out there every time he tries to do anything. The mosquito people come in there and spray that repeatedly because its a pond. We are living on a very high water plain at that point and the testing that I am seeing done in the winter time is a concern of mine that it might not be valid in the summer time. I think that is the only thing that I have to say that might save somebody a whole lot of money when they get going and they don't know what they are doing. The idea of the pressurized irrigation system I would be all for it because it might cost a lot of money but it saves a lot of problems down the road for people that come out of the City and don't know what is going about agricultural or anything. You want to kind of consider those situations. Thank you Kingsford: Thank you very much and we appreciate your comments on the water table particularly. Engineer and developer you are on notice, we don't want any wet crawl spaces. Anyone else from the public that would like to offer testimony? Frank Stoppello, 782 Arlington, Eagle, was sworn by the Attorney. Stoppello: I own the 13 acres to the south of this development. My concern up until 1 saw this latest plat was that I did not have access right here. And it appears this street now called Bayubar street does give me access Mr. Goldsmith has informed that will be stubbed in there with the utilities so therefore I would approve the project. Thank you. Steve Barker, 2640 South Locust Grove, was sworn by the Attorney. Barker: I hate to be repetitious but I also live right adjacent to this project just east of Lydia's house and I do adjoin it. I do five on an acre and a half and I want to get it on public record that I do have animals on my property and I do irrigate my property and to reaffirm what red said. If I irrigate my property improperly I do flood my split level house so it is high water there and it is a very touchy situation. The only other concern I have is and I don't think it is a concern now, there is a private road that runs right here by my house and up to Lydia's house. There is a private road that runs adjacent to the property that runs beside by house and up to Lydia's house. My concern was that that road might somehow be incorporated into the design of this and since it is not I find that very satisfying and very gratifying I guess. But I would just like to make it known that if for some reason this plan was changed and that road was tried to be used in the plan I would like to notified of it so I could somehow deal with it. Thank you .... ~ Y'~ Meridian City Council March 15, 1994 Page 46 Kingsford: Anyone else from the public that would like to offer testimony on this issue? Seeing none I will close the public hearing. Council members, Mr. Crookston . have there been appreciative changes in the findings? Crookston: There has been a little different testimony but it hasn't changed the outcome. Just varying remarks but basically they are mostly the same. Kingsford: The high water table was discussed in those findings, t am particularly sensitive to that since we had a couple of those issues. Crookston: I don't think that is specifically addressed in the findings. The farming is addressed, the cattle. Kingsford: It would be recommendation to Council that a finding be included in there with regard to the high water table, amend those to that extent. Morrow: I have a question, maybe question and comments and maybe some of these things can be handled by a development agreement. But, I think we need to notice in the development agreement the things such as the berming, separation between this project or these projects and existing agricultural projects that are not likely to change uses in the foreseeable future. And also something in there that does put the development community and the realtors that they need to notice buyers of the rights of the agricultural folks. The floodplain issue I will leave to Gary, the sewer issue I will leave to Gary, the pressurized irrigation I think it it my feeling that as the builder that ultimately has to pay for all these things that even though it is expensive I think that is something that we need and it is something that we should have been doing as a City for the last 5 or 6 years. I think the other things can easily be handled by a development agreement or at least notice of that and the feeling of the rest of the Council in terms of the pressurized irrigation whether that should be part of the findings or not as well as the water table. Kingsford: Statements from the rest of the Council, specifically first the pressurized irrigation. Where are you at with the ordinance, I guess that makes it easier Wayne? Crookston: I have not had an opportunity to address it since our meeting, preparing various findings and ordinances and things. Kingsford: It would be my recommendation that we move post haste on that and that we recommend that these developments use surface water for irrigation, pressurize it. But we need to have that ordinance to justify it. I would recommend that it be at the next meeting perhaps or at least for public hearing at the next meeting. Meridian City Council March 15, 1994 Page 47 _ ... Crookston: Right now that is in our zoning ordinance which requires a significant greater time period to adopt. Kingsford: Well, we need to be moving on it. Morrow: So, my question is where does this leave us on this project? Kingsford: Well, I think we can have that adopted. and we are being asked for annexation here, I think that is a condition of annexation. Crookston: You can do that, since it is an annexation. Morrow: So would a motion be appropriate on that in terms of the findings or annexation. (End of Tape) Tolsma: Also we need to make a motion then that we include the matter of the high water table content that the test be made in the spring when the water is (inaudible). Morrow: Well, normally with Central District Health those things are validated in September, October and August when the high water table is at its peak. Tolsma: There are comments in here of the City Engineer and the findings about wanting a level of the high water table. Kingsford: Well, I think the first thing you need to deal with is the findings, do you want to amend the finding to include the water table. Morrow: So moved Yerrington: Well, should we put in the pressurized irrigation in there? Kingsford: I think we do that in the annexation. Tolsma: Second Kingsford: Moved by Walt, second by Walt to approve the findings of fact and conclusions of law subject to an amendment including a note to the high water issue on this development, roll call vote. ROLL CALL VOTE: Morrow - .yea, Yerrington -yea, Tolsma -yea .~ t%"` Meridian City Council March 15, 1994 Page 48 MOTION CARRIED: All yea Kingsford: You need to direct the City Attorney to prepare an annexation ordinance stipulating those area you have spoken to with regard to a development agreement. Yerrington: So moved Tolsma: Second Kingsford: Do you have all of those counselor or can you get to them? Moved by Max second by Ron to direct the City Attorney to prepare annexation ordinance and encompassing the development agreement in that, all those in favor? Opposed? MOTION CARRIED: All yea ITEM #17 & 18: BEER AND WINE LICENSE APPROVAL FOR KOWLOON RESTAURANT AND THE FARMERS CLUB: Kingsford: In visiting with the Chief he has not had opportunity to look at those. I would entertain a motion from the Council to approve of those subject to his approval, I will not sign prior to his approval. Morrow: So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the Beer and Wine License for Kowloons Restaurant and the Farmers Club pending the approval of the Chief of Police I will not sign them until those have been attained, all those in favor? Opposed? MOTION CARRIED: All yea ITEM #19: MICHAEL CLARKE: WATER/ SEWER LINE REQUEST: Clarke: (Inaudible) What we are asking the Council for on this is the engineer has indicated they want us to carry a water line from Locust Grove clear down to the end of our property. What we are asking the Council is where we have that red line on what indicates Overland road is to have the water line end there. As the other area further east of that is all open. area land and there wouldn't be any development at that point. We also feel that coming from any development that is done the other ~ MERIDIAN PLANNING ~ ZONING DA"T'E ER ~~~"" ~APPL I CANT • ~'~~ ~. AGENDA ITEM NUMB .~ AGENCY COMMENTS• ~~ ~ ~, MERIDIAN POLICE - MERIDIAN F IRE DEPT. - ~•R A~~ ~~ MERIDIAN CITY ENGINEER - ~~ ' MERIDIAN ATTORNEY - MERIDIAN POST OFFICE - MERIDIAN SCHOOL DISTRICT - MERIDIAN BUILDING DEPT. - ~ rn ~,l/" U ~If` ~p~~ ~~` .~ ADA COUNTY H I GHWAY D I STR I CT - I~Q a~~C ADA STREET NAME COMMITTEE - CENTRAL D I STR I CT HEALTH - ~ ~~ ~-a'~"'` NAMPA MERIDIAN IRRIGATION - ~Q SETTLERS IRRIGATION - IDAHO POWER - ~R~ U S W E 5 T - ~,~, C,Qy~,,,,,,~~ INTERMOUNTAIN GAS - BUREAU OF RECLAMATION - MERIDIAN CITY ATTORNEY - MERIDIAN PLANN LNG D I RECTOR - ./.~ ~T~''"'^"~^~° - OTHER COMMENTS: ~ ~IUB OF TREASURE VALLE~ A Good Place to Live OFFICIALS CITY OF MERIDIAN WAYNE S. FORREY. AICP, City Clerk JANICE GASS. Treasurer BRUCE D. sruART, water works s~vt. 33 EAST IDAHO WAYNE G. CROOKSTON. JR.. Attorney JOHN SHAWCROFT, Waste Water Supt. ~~~~~g_~MERIDIAN, IDAHO 83642 KENNY BOWERS. Fire Chief R.J •_ Phone (208) 888-4433 BILL GORDON. Police Chief FAX (208) 887-4813 GARY SMITH, P.E.. City Engineer '! 0 rt 7 C ~~~~ GRANT P. KINGSFORD ~~~Y ~Ff ~itJL~j~~t~~ Mayor COUNCILMEN RONALD R. TOLSM~ R08ERT GIESLER MAX YERRINGTON ROEIERT D. CORRIE Chairman Zoning 6 Plan JIM JOHNSON Centennial Coordinat PATSY FEDRIZZI TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your com nts and recommendations will be considered by the Meridian ~ 3 ma>~ we have. your answer by~ TRANSMITTAL DATF_: I (`?S '~3 ;"HEt~RING GATE RECIUEST BY• • -2-JU-9~ LOCATION OF PROPERTY OR ~~ 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 - - - .~ MERIDIAN SCHOOL DISTRICT ..MERIDIAN POST OFFICE (PRELIM AND FINAL PLATS) ADA COUNTY HIGHWAY DISTRICT AOA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR. OISTRICT SETTLERS IRRIGATION DISTRICT IDAMO POWER CO"(PRELIM AND FINAL PLATS) U:Sc WEST (PRELIM AND FINAL PLATS) INTERMOUNTAIN GAS (PRELIM AND FINAL PLATS) BUREAU OF RECLAMATION (PRELIM AND FINAL PLATS) CITY FILES ~ OTHER YOUR CONCISE REMARKS: i-. HUB OF TREASURE VALLEY ~ OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE GASS, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney JOHN SHAWCROFT, Waste Waler Supt. KENNY BOWERS, Fire Chief BILLGORDON, Police Chief GARY SMITH, P.E., City Engineer A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 FAX (208) 887-4813 GRANT P. KINGSFORD Mayor COUNCILMEN RONALD R. TOLSMA ROBERT GIESLER MAX YERRINGTON ROBERT D. CORRIE Chairman Zoning 8 Planning JIM JOHNSON Centennial Coordinator PATSY FEDRIZZI MEMORANDUM December 4, 1993 TO: MAYOR, COUNCIL, PLANNING & ZONING FROM: Gary D. Smith, PE '~~ C ~T1~I~~U i RE: SAGEHEN ESTATES SUBD. (Annexation, Zoning, Preliminary Plat) I have reviewed this submittal glad ofer the following comments for your information and or'consideration as conditions of the applicant during the hearing process: 1. Submit a legal description, prepared and sealed by a registered land surveyor, for annexation and `zoning of the total piece of property. 2. Resubmit this plat showing the total property with sewer and water line layout .and street alignments. 3. A well lot is needed in this subdivision. Lot 2- Block 1 would be a good location for connection to power and the water main. 4. Lot dimension deficiencies: Lot front chord dimension must be 40 feet: Lot 7-Block 1; Lot 8-Block 5; Lot 8-Block 3. All lot frontages must-be 80 feet.. 5. Show an easement at the end"of wetl,~nds Dr. and Trumpeter Dr. fora temporary turn-a-round area 6. All road right of ways shall be 50 feet wide. All culdesacs and bulbs shall have a 50 foot radius. 7. More than 100 lots will ultimately take access to Locust Grove Rd. What other access is planned? 8. Add a directional prefix to all street names. Choose 2 new names for Golden Eye and Canvasback roads. 9. How will you treat Nine Mile Drain as it passes through the subdivison? ~'~ ~~rlfW/lulrl V/lQ~~f ~ 11~ 8dM • ~ ~ Rtia~ ~ ~ ~li~ Fax Transmission Caver P:ae Ds''~tiei ~ y Cf' ~ ~~ To: Fratna Subject: Los ,C~l~w~.o~ys Subd. ?otal MumbBr t-f Fayes Including Caver Page: 5peG~dl znstr~eCtidns or message: ~c~, ~-~ -< - . . MAR 1 7 ~9~4 ti~~ >>_ :~ ~ ~ ~ Yh~~e bra PLEASE ADVISE IF YOU DO NOT RECEIVE Al..L QF THE PA66S TRANSMITTED ~A-a £0'd . = '~ 1 d~ RI?LY t0 A77ENTi0H Oi: Operations Division DEPARTMEiVT OF THE ARMY WALLA WALLA OiSTRICT, CORPS OF ENGiNEER$ WALLA WA~.I.A, WA5WNGT4N 99362.9265 March 1, 1994 SUBJECT: NPW No. 940200510 Mr. Marty Gold$mith Farwest Developers 4450 West State Street Boise, Idaho $3703 Dear Mr. Goldsmith: MAR 1 7 i9~4 ~e _ ''`~ This is in regard to your letter dated February 8, 1994, requesting comments on the Los Alamitos Park Subdivision, and an ordinance that the City of Meridian has enacted regarding t~.Zing of open drains, On October 21, 1993, Mx. Greg Martinez of my Boise Regulatory Office met with you at the Los Alamitos Park Subdivision, The purpose of the site visit was to'determine whether or not the drain flowing through the~proposed~subdivision.was•subject to our jurisdiction under Section 404 of the Glean Watez Act. Mr. Martinez determined that th~.s drain is N~.ne Mile Creek, which is a stream than 1 subject to our jurisdiction pursuant to Section 404 o t e Clean Water Act. Although the stream channel has been severely modified in the past to function as an irrigatzoxi return channel and emergency irrigaeion channel, it does have limited value as wildlife habitat. This value could be enhanced if the stream banks were sloped back and natural herbaceous and woody vegetation was planted along the banks. This type of enhancement effort would provide an aesthetically pleasing amenity to your deve~.apment while providing badly needed streambank wildlife habitat along this reach of Nine Mile Creek. With xegard to the City of Meridianis ordinance to enclose all open drains that fXow through platted subdivisions, we offer the following: Determination of jurisdiction under Section 404 of the Clean Water Act is very complicated and subject to project specific factors. Therefore, we Cannot give you one answer that fits a~.l situations. Generally, the Corps of Engineers should be Contacted prior to conducting any project that involves the discharge of dredged or fill material into waters of the United States, including wetlands. This includes excavation activities which result in the discharge of dredged material and destroy or degxade waters of the United Stater. If we determine that a project i.s being conducted S.n a water of the United states, and /'~ Roylance & P.A. 4A~V frm.cs~! StJlt~ Cr2 i.cgai Descry Marty Gold: 24.bT Acrc ' A try Township 3 drscribcd as Section 20, the r~enterlii a found l ° Section 20, a distanco c ;OoM~ dJ70p epn fact Apri14, 1994 Project No. 14x8 Alamitos Park Subdi~7sion/Annexation Engineers • Surveyors • landptanners iet~ihtr-e (208) 3367300 fax (336.73Qf ~a~ o ~ r~ ~~ f of land tdtuated in the North 112 of the Southwest ~l /4 of Suction 20, -rth, Range 1 East. Boise Meridian, Ada County, Idaho. ncncing at s found stueei pin manumenting the Southwest Corntx of said hcnCC along the westerly line of said Suction 20, said westerly line also being of Locust C~t-ove Road, A'orth 00°-44`-49' East a dutanct of 2654.b8 feet to uaru bar n~umenting the Northwest Corner of tha Southwest 114 of said hence Cantirnling along said westerly line, South 00°44'-49" Weal 247.10 fact to the POINT OF BEGINNING. • leaving sand .westerly line Norih 89°-ST-31" East * distance of 264. ] 5 feet to a ~t steel pin, 7`hc ~a Nanh 004-42'-42" East a distance of 247.64 feet to a set steel pin on the Wort erly Nne of attid Southwest 114, 'f` along said northerly line North 89°-SS'-41" Fast a distance of 1371.19 feet Iva ini, Z' a leaving said northerly line South 00°-44'-19" East a distartice of 295.00 feet to a 'nt, e South 89°i-55'-4 t" Wcst a distance of 85.00 few to a point, 'I`he •e South 00°-t)4'-19" £ast a distance of 591.95 t~et to a point, The c North 89° 5b'-41" VI'est a distance of iZ8.61 feet to a found steel pin, Them •e North 29°-p 1'-2b" 1~Yest a distance of 252.05 feet to $ set steel pin on the soot rly line oftiho North 1/2 oFihe North 112 ofthe Southwest 1/4 of said ertion 20, T along sate} tioutherly line North 89°-58'-11" West a distance ofb66.26 feet to # -Bed pin, T leaving said southarly line North o0°-44'-49" East to distance of zQ0.00 feet to a sleet pin, e Norih 89°: t S'-1 i' West a distance of 242.T8 feet tv a point on attid writ rly line of Section 2d, Post-ItT"' brand fax transmittal memo 7671 # of pages - To From f / / C, l ^--• Phone #' C..~ ~f _ `t rt Pa~c 2 Legal Dcicrip ion Marty Gaids ith/I~o~lantitos Park SubdivisionlAnnexation n 2A 57 Acrc T ct Z' along said vresterly line North 04°-44'-49' East s distance of 2 t 3 . t 3 feet to the UtM OF $~GtNNTNG. The a ve deRCribdd tract of Land contains 24.67 acres encore ar less, Subject to all existing a is and rigt~is-of-way. Prc~arcd by= ROYLANCE AND ASSOCIATES, P,A. 4519 Emerald, Suite D-2 Boise, ID 83706 (2U8) 336-7390 (208) 336-7391 Fax ~~4'' 36240 ~ ~ ~ >G~ oe ~Q ~y~' ~N. R8`~~ ~. .. ~aarrte.~~ ~e~ea~ev.~ April 27, 1994 City of Meridian Attn: Sherri Styles 33 E. Idaho Meridian, Idaho 83642 Sherri: I~E~EIVED APR Z 8 1994 CITY OF MERIDIAN As requested by the City Council, I was asked to fill out a formal waiver form for pressurized irrigation. I have not received a formal application, which I have made many attempts to pick up. In lieu of a formal application, I have submitted letters fulfilling Meridian City Council's requirements to apply formally for a waiver of pressurized irrigation. Please call me if there are any. questions or comments. Thank you, Marty Goldsmith CC: Will Berg Gary-Smith CENTRAL •• DISTRICT pt'1'HEALTN .i'~ /'~ DEPARTMENT MAIN OFFICE • 7u7 N. A2MSiRGNG NL. • BOISE, iD. 637G4 ~ (208) 375-521 i • rAX: 327-85GB To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. 94-413 August 17, 1994 ~~~~` .rti - r ~- DAV I D NAVARRO ~' `° `, '~ ~ ` ADA COUNTY RECORDER "~'~~ 650 MAIN STREET BOISE ID 83702. RE: LOS ALAMITOS PARK SUBDIVISION NO.1 Dear Mr. Navarro: Central District Health Department, Environmental Health Division has reviewed and do approve the final plat on this subdivision for private well and central sewer facilities. Final approval was given on August 16, 1994. No lot size may be reduced without prior approval of the health authority. If you have any questions please call. Sincerely, _~-~'~~ Thomas E. Schmalz, E.H.S. Senior Environmental Health Specialist cc: Tom Turco, Director HUD City of Meridian Roylance and Assoc. Marty Goldsmith Serving Valley, Elmore, Boise, and Ada Counties Ada /Boise County Office WIC Boise -Meridian Elmore County Office Elmore Counh/ Office Volley County Omce 707 N. Armstrong PI. 1606 Roberts 520 E. 8th Sheet N. of Environmental HeaBh P.0. Box 1448 Boise, ID. 83104 Boise, ID. Mountain Home, ID. 190 S. 4th Street E. McCcll, ID. 83638 Enwro. Health: 327-7499 83705 Ph. 334-3355 83647 Ph. 587-4407 Mountain Home, ID. Fh. 634-7194 Family ?Icnning: 327-7400 324 Meridian, iD. 83FA7 Ph. 587-9225 Immunizations: 327-1450 ~ 1 f 3217460 83642 Ph. 888-6525 i u n ion. - '~JIC, 327-,'488 /'~ l"~ ~~~~~. !7v 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 2 5 August 19 9 4 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Bob Jones Boise 345-2431 Roylance & Associates P.A. 4619 Emerald, Suite D-2 Boise, Idaho 83706 Re: Salmon Rapids and Los Alamitos Subdivisions Dear Bob: The Nampa & Meridian Irrigation District has done a review on the proposed pressurized irrigation plan for the above mentioned project. The plans indicate that a pump station will be located along the maintenance road of the Ninemile Drain approximately 11.5 feet from the top of the bank. At your meeting with Bill Henson, he requested that the pump station be moved back a minimum of 16 to 18 feet from the top of the bank to allow adequate room for the District to perform maintenance on the Ninemile Drain. The pump station will be supplied by gravity feed from the Hunter Lateral. You will be required to enter into a License Agreement if the Nampa & Meridian Irrigation District is to maintain this gravity flow line. As discussed, 4 foot by 4 foot (minimum inside diameter) boxes will be required. In order to expedite the process on the pressurized irrigation, I think you should discuss the District's specifications and agreement requirements on the phone with either Daren Coon, District Secretary/Treasurer, or with me. An aluminum box culvert is proposed where Snow Hole Way will cross the Eightmile Lateral and a 71 inch wide by 47 inch high cmp where East Time Zone Drive crosses the Ninemile Drain. Both crossings appear to be adequate although an agreement is required for any crossing within the District's facilities. __._ ~ .~ ., APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 ,~'~ 25 August 1994 Bob Jones Page 2 r Contact the District's attorney, Andy Harrington, at 342-4591 to prepare the necessary License Agreement for encroachments within our easements. The subdivision plans indicate fencing which I believe has been discussed in a previous License Agreement. Please forward plans showing the changes as requested above and feel free to contact me if further discussion is required regarding this matter. Sincerely, John P. Anderson District Water Superintendent pc: Each Director Secretary of the Board Andy Harrington Jo n Sharp ity of Meridian Ada County Highway District Bill Henson Rider 4 File CENTRAL •• DISTRICT HEALTH DEPARTMENT Rezone # CEN I tZAL DISTRICT HEALTH DEPARI'r~1ENT Environmental Health Division Conditional Prelimina ~ / Fina Short Plat ~~ ~~rfls ~,~ ~~ /d/S/°~ Return to: ^ Boise ^ Eagle ^ Garden city ~. Meridian ^ Kuna ^ Acz ^ I . 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 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. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: B. central sewage ^ community sewage system ^ community water well ^ interim sewage -~ central water ^ individual sewage ^ individual water ,[s} 9. 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 i~central water .®. 10. ^ I I. ^ 12. Street Runoff is not to create a mosquito breeding problem. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 14. 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 ~] 15. S~/2.ti Wifi~i"~rL `'vN - d rf S~ a ~~cl /~ ~J IN ~ b i4 Date: / / 3 ~ / ~ ~ 9i"'.d•S3 wiYL~ l3~J5iZC /~/~'GhRr~/.erg Tel Reviewed By: ~c=, ~S'v,C3S cJ R~sK ~ Review eet CDHD IO191 rcb, rer. I/95 i'1 CENTRAL •• DISTRICT i~HEALTH DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL • BOISE, ID. 83704 • (208) 375-5211 • FAX 327-8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. 94-413 September 1, 1994 ~~ DAVID NAVARRO ~~~~~~t~ ~..~~' ;~.f'ad.~trli~ ADA COUNTY RECORDER 650 MAIN STREET BOISE ID 83702 RE: LOS ALAMITOS PARK SUBDIVISION NO.1 (REVISED) Dear Mr. Navarro: Central District Health Department, Environmental Health Division has reviewed and do approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given on August 16, 1994. No lot size may be reduced without prior approval of the health authority. If you have any questions please call. Sincerely, Thomas E. Schmal , E.H. . Senior Environm ntal H lth Specialist cc: Tom Turco, Director HUD City of Meridian Roylance and Assoc. Marty Goldsmith Serving Valley, Elmore, Boise, and Ada Counties Ada /Boise County Office WIC Boise -Meridian Elmore County Office Elmore County Office Valley County Office 707 N. Armstrong PI. 1606 Roberts 520 E Bth Street N of Environmental Health P.0. Box 1448 Boise, ID 83704 Boise, ID. Mountain Home, ID 190 S 4th Street E McCall, ID. 83638 Enviro. Health, 327-7499 83705 Ph. 334-3355 83647 Ph, 587-4407 Mountain Home, ID. Ph. 634-7194 Family Planning: 321-7400 324 Meridian, ID. 83647 Ph. 587-9225 Immunizations: 327-7450 83642 Ph. 888-6525 Nutrition: 327-7460 WIC 327-7488 ,. LICENSE AGREEMENT LICENSE AGREEMENT, Made and entered into this I~ -` day of 1993, by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the "District," and MARTY GOLDSMITH, dba FAR WEST DEVELOPERS 4550 W. State, Boise, Idaho 83703 party of the second part, hereinafter referred to as "Licensee"; W ~ T ~ ~ ~ S ~ T ~~ WHEREAS, the Licensee is the owner of certain real property described in Exhibit A attached hereto and made a part hereof; Exhibit B depicts the location of the fence involved on the District's right of way; Exhibit C states the purpose of this agreement; Exhibit D sets forth certain special conditions; and WHEREAS, the District controls the irrigation ditch or canal known as EIGHTMILE LATERAL, (hereinafter sometimes referred to as "ditch or canal") together with the easement therefor, including the easement to convey irrigation water in such ditch or canal and the easement to operate, maintain and repair such ditch, and includes an easement of ingress and egress for those purposes, and which ditch or canal is an integral part of 'the irrigation works and system of the District and which ditch or canal and the said easements therefor cross and intersect the aforedescribed real property of the Licensee; and WHEREAS, the Licensee desires a license to erect a fence within said easement under the terms and conditions hereinafter set forth; NOW, THEREFORE, For and in consideration of the premises and of the covenants, agreements and conditions thereinafter set forth, the parties agree with each other as follows: 1. The Licensee shall have the right to erect the fence referred to hereinabove. Said fence shall be erected in a manner not to alter or damage said ditch or canal in any way, or to interfere in any way with the flow of water in said ditch or canal. 2. The Licensee agrees to construct and maintain said fence in a safe condition to the end that it shall not constitute a hazard to any person and to indemnify, hold harmless and defend the District from any and all claims of whatever nature arising out of or related LICENSE AGREEMENT - Page 1 ,r1 /'` to said fence or its construction, maintenance or installation. Th Licensee further agrees to indemnify, hold harmless and defend th District for damages to the fence caused by the District in reasonabl exercise of its maintenance rights, including any damages or expense in connection with removal of said fence. The District agrees to giv reasonable notice, circumstances permitting, to the Licensee so tha the Licensee may remove the fence if its removal is required for th District's:.. maintenance purposes. 3. The Licensee shall place no trees or deep-rooted shrubs o bushes on the District's easement. The Licensee agrees that th District shall not be liable for any damages which shall occur to an plants, structures or any other improvements of any kind or natur whatsoever which Licensee shall place, raise, construct or install o the said easement area of the District in the reasonable exercise o the rights of the District in the course of performance of maintenanc or repair of said ditch or canal. Licensee further agrees to suspen its use of the said easement area when the use of the easement area i required by the District for maintenance or repair under this or an other paragraph of this Agreement. 4. Licensee agrees to reimburse the District for any costs an expenses incurred by the District in the enforcing of any of th ~~rovisions of this agreement, including reasonable attorney fees `i'he Licensee further agrees to pay reasonable attorney fees i connection with preparation of this License Agreement and relate matters. 5. The parties hereto understand and agree that the Distric has no right in any respect to impair the uses and purposes of th irrigation works and system of the District covered by this agreement nor to grant any rights in its irrigation works and syste incompatible with the uses to which such irrigation works and syste are devoted and dedicated and that this agreement shall be at al times construed according to such principles. 6. Nothing herein contained shall be construed to impair the easement and right of way of the District in the said ditch or canal and all uses of said easement by Licensee shall remain inferior an• subservient to the rights of the District to the use of said easement 7. In the event of the failure, refusal or neglect of the Licensee to comply with all the terms and conditions of thi: agreement,: then the license of the Licensee under the terms hereof ma' be terminated by the District and all structures in or over saic easement which may impede or restrict the maintenance and operation o: the ditch or canal by the District with its equipment for the maintenance of said ditch or canal may be removed. 8. Nothing in this agreement shall estoppel, waiver, prescription or adverse or any third party against the District. create or support a claim o: possession by the LicenseE LICENSE AGREEMENT - Page 2 EXHIBIT C Purpose of License The purpose of this License Agreement is to permit Licensee t place a wooden fence approximately 11 feet within and on the port side of the District's easement along Eightmile Lateral (that is approximately 29 feet north of the centerline of Eightmile Lateral) i Upland Meadows Subdivision (plat unrecorded) which is locate northwest of the intersection of Locust Grove Road and Victory Road Ada County, Zdaho. special Conditions 1. Licensee shall notify the water superintendent of th District prior to and immediately after construction so that he o the District's engineers may inspect and approve construction. 2. Licensee shall place no structures of any kind above group on the District's easement area except for said fence without th prior written consent of the District. The District's easement alon this section of Eightmile Lateral is 80 feet, 40 feet on either sid of centerline. 3. The District shall not be responsible for damages to th fence to be placed by Licensee which are the result of the District' weed-burning activities regardless of whether the weed-burning i deemed reasonable maintenance or not, anything to the contrary in thi agreement notwithstanding. That is, the District shall not be liabl for damages to the fence in connection with weed-burning activitie unless the District intentionally burns the fence. Licensee hereb indemnifies, holds harmless and shall defend the District from an claims for damages to said fence resulting from such non-intentiona damage because of weed-burning. 4. Individual 1 fences in a direction. Eightmile Lateral ma probably be similar in such fences is given. of owners who generally at y apply for form to this in the future may wish to erec right angles (northwesterly) t a License Agreement which wil agreement if permission to erec LICENSE AGREEMENT - Page 5 n PLOT DATE: 02/09/93 -. 4:43pm EXHIBIT B ~_ ~] C~ ~ ~ ~ 0 100 ~ 200 300 SCALE IN FEET k i c NOTES ~ ~P N TS -STATE OF IDAHO ) ss: County of Canyon ~/) On this ~7 " day of _, 1993, before me, th undersigned a Nota y Public in nd for id State, personall appeared and ,I~~il/n ~~ , known to me t be the Preside t and Secretary, respectively, of NAMPA & MERIDIA IRRIGATION DISTRICT, the irrigation district that executed th foregoing instrument and acknowledged to me that such irrigatio district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed m official seal, the day and year in this certificate first abov written. '''',,~.••~N~~upO~i 'P _: . _ ~ ~ ~... o ~* p G; STATE O County of Ada OP~~'• in~uN~•~ ) SS Notary Public for Idaho Residing at L~a~, .,~~o My Commission Expires: On this day of 1993, before me, th undersigned, a Notary Public in and for said State, personall, appeared MARTY GOLDSMITH, dba FAR WEST DEVELOPERS, the person tha executed the foregoing instrument, and acknowledged to me that h~ executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed m: official seal,. the day and year in this certificate first above written. Notary Public for Idaho Residing at Boise, Idaho My Commission Expires: EXHIBIT A Leual Description Upland Meadows Subdivision (plat unrecorded) situate in thF NE;SE~ and/or N~N~SE~SE~, Section 19, T 3 N, R 1 E, B.M., Ada County, Idaho. LICENSE AGREEMENT - Page 4 /'~ ~. 9. The word "Licensee" includes the masculine and includes the plural, and the if used in the neuter in this agreement feminine genders, the singular numbe. plural number includes the singular. The covenants, conditions and agreements herein contained shalt constitute covenants to run with, and running with, all of the land: of the Licensee herein described and shall be binding upon each of the parties hereto and each of the parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successor: and assigns. IN WITNESS WHEREOF, the District has hereunto caused its name tc be subscribed by its officers first thereunto duly authorized b~ resolution of its Board of Directors and the Licensee has hereuntc subscribed his name, or if a corporation, has hereunto caused it: corporate name to be subscribed and its seal to be affixed by it: officers first thereunto duly authorized by resolution of its Board o~ Directors, all as of the day and year herein first above written. NAMPA ¢C~-MERIDIAN~RRIGATION DISTRICT .__ ~// ~~ t Il By , ~r ~ -~~„ - ~._- Its President ATTEST: - Its Secretary.. LICENSEE th, dba Far West Developers _~~ ~- ~ ~. NOTICE OF HEARING /"1 NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian,ldaho, at the hour of 7:30 p.m., on March 15, 1994 for the purpose of reviewing and considering the Application of Goldsmith Charter, for annexation and zoning of approximately 50+ acres of land located in the N 1 /2, SW 1 /4 Section, 3N, 1 E, Boise-Meridian, Ada County, Idaho, and which property is generally located East of Locust Grove Road and South of Overland Road. The Application requests annexation with zoning of R-4. Further Applicant requests Preliminary Plat approval of the parcel of land above described for 73 single family dwelling lots for Los Alamitos Subdivision. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shalt be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 22nd day of February 1994. WILLIAM G. BERG, JR., CITY CLERK ,~"'~ ~"~ NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian,Idaho, at the hour of 7:30 p.m., on December 14, 1993, for the purpose of reviewing and considering the Application of Goldsmith Charter, for annexation and zoning of approximately 50+ acres of land located in the N 1/2, SW 1/4 Section, 3N, 1E, Boise- Meridian, Ada County, Idaho, and which property is generally located East of Locust Grove Road and South of Overland Road. The Application requests annexation with zoning of R-4. Further Applicant requests Preliminary Plat approval of the parcel of land above described for 73 single family dwelling lots for Sagehen Estates Subdivision. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 12th day of November, 1993. ~~ WILLIAM G. BERG, JR., CITY CLERK ,..,.. OFFICIALS WAYNE S. FORREY. AICP, City CI6rk JANICE GASS. Treasurer BRUrE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR.. Attorney JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS. Fire Chief BILL GORDON. Police Chiet GARY SMITH, P.E.. City Engineer '""~ HUB ~F : ?2. '; ~ VA~L A Goa iJla~e to Live couNCILMEn IAN t SlS C R MERID CITY O~~~ I OBERT MAX YERRINGTI 33 EAST IDAHO ROBERT D. LORI MERIDIAN, IDAHO 83642 chairman zoning e, P~ Phone (208) 888433 JIM JOHNSON FAX (208) 88?-4813 Centennial Coordir PATSY FEDRII: GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your com nts and recommendations will be considered by the Meridian ma>~ we have your answer bye 3 TRANSMITTAL DATE ~ I ~" ~~ '~3 - ` ;` HEr~RING DATE : ' Z- ~ C-/' 9~ REQUE>>ST : ~ E3 Y Q3y'~4.e'~^ LOCATION OF 3~.i, PROPERTY JIM JOHNSON P/Z MOE ALIDJANI,P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C BOB GIESLER, C/C MAX YERRINGTON, C/C BRUCE STUART, WATER DEPT. JOHN SHAWCROFT, SEWER DEPT. BUILDING INSPECTOR FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY 6ARY SMITH, P.E. ENGINEER WAYNE FORREY, AICP, PLANNER V -1v OR PROJECT : ~ BIZ' ~ SGJ 1Iy , ~~ec~.cr~ Z4 ,, MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM AND FINAL PLATS) ADA COUNTY HIGHWAY DLSTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HfRLTH NANPA MERIDIAN IRR..DISTRICT SETTLERS IRRIGATION DISTRICT IDAMO POWER CO;~(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 OFFICIALS WILLIAM G. BERG, JR., 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 From: Wayne S. Forrey, AICP Planning Director s~ HUB OF TREASURE VALLEY A Good Place to Live T CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 FAX (208) 887-4813 GRANT P. KINGSFORD Mayor To: Mayor, City Council, and Planning and Zoning Commission Members Date: December 9, 1393 RE: SAGEHEN ESTATES - ANNEXATION,_ZONING TO R-4 WITH PRELIMINARY PLAT COUNCILMEN RONALD R. TOLSMA ROBERT GIESLER MAX YERRINGTON ROBERT D. CORRIE Chairman Zoning & Planning JIM JOHNSON Centennial Coordinator PATSY FEDRIZZI This proposed Annexation and Preliminary Plat complies with the proposed Comprehensive Plan. The Meridian School District has reviewed this property and determined, that an Elementary school site is needed near the center of section 19 but there may also be a need for an Elementary school site near the center of section 20. As a condition of Annexation, a i3ev~opment Agreement will be required which will include an in-depth anaylsis by the Meridian School District and the Meridian Planning Director to determine the amount of land set aside in the northeast corner of this project for a future Elementary school/park sine. needs. This Preliminary Plat needs to provide a stub street to access the undeveloped property on the south side of the Preliminary Plat. Pedestrian access easements are needed on the north and south sides of this subdivision to provide access for future school and park As a condition of approval the access point along South Locust Grove Road should be aligned with Upland Meadows Subdivision as requested by ACHD. For consistency of Annexation approval, this Annexation request (if approved) should be subject to Impact Fees for park, police, and fire services as determined by the City of Meridian and described in a Approved Development Agreement. /'~ !~ HUB OF TREASURE VALLEY COUNCIL MEMBERS OFFICIALS A Good Place to Live RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer CITY OF MERIDIAN MORROW T W GARY D. SMITH, P.E. City Engineer WAL . BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO WAYNE S. FORREY, AICP r i t i t JOHN T. SHAWCROFT, waste water Supt. ra o n s Planner a Zoning Adm KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 JIM JOHNSON W.L. "BILL" GORDON, Police Chief Phone (208) 888-4433 • FAX (208) 887813 Chairman -Planning 8 Zoning WAYNE G. GROOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM To: Planning & Zoning Commission a~x'd City Council AIC ~'~~~ From : Wayne S . Forrey , ~ ~Lh t~ Planning Director (~,. Date: January 11, 1994 RE: SAGEHEN ESTATES AND UPLAND MEADOWS PRELIMINARY PLAT I have reviewed portions of the Traffic Study for Sagehen Estates and Upland Meadows prepared by Bell Walker Engineers for ACRD. This study indicates that Trumpeter and Opening Day Drive should be local streets and not collector roadways. Also, please review the attached letter ~~~the developer Mr. Marty Goldsmith. He has agreed to provide a school site to the Meridian School District. This is satisfactory to the District and complies with the Comprehensive Plan. EXCE~~ ~ ~ ~Zn ? ,~~\ ~~ ~ Q ~~ ~ ~ SUPERINTENDENT OF SCHOOLS ~* ~., A.~ ~ Bob L. Haley ~-'~" ~~ DEPUTY SUPERINTENDENT Dan Mabe, Finance & Administration ~~ I G 1~3~ DIRECTORS Jim Carberry, Secondary ,~ s' ~;,,. ,x^w ~~~ ~ ~ ~ ~;+~~~~ ~~~ Christine Donnell, Personnel Darlene Fuiwood, Elementary Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911 MERIDIAN STREET MERIDIAN,IDAH083642 PHONE(208)888-6701 November 16, 1993 City of Meridian 33 East Idaho Meridian, Idaho 83642 RE: Sagehen Estates Subdivision Dear Councilmen: I have reviewed the application for Sagehen Estates Subdivision. This planned development will accelerate the need for Joint School District No. 2 to construct additional classrooms and/or to adjust school attendance boundaries. Meridian Schools do not have excess capacity. Nearly every school in the district is beyond capacity. The Meridian School District supports economic growth for Idaho and specifically the district's area, but such growth produces a need for additional school construction. We ask your support for a development fee statute on new home construction or a real estate transfer fee to help offset the costs of building additional school facilities. If this support is lacking then we ask that additional residential development be denied. Residents of the new subdivision cannot be assured of attending the neighborhood school as it may be necessary to bus students to available classrooms across the district. We ask that you assure the developer will provide walkways, bike paths and safe pedestrian access. Sincerely, ~(~-71~1~~~ Dan Mabe, Deputy Superintendent DM:gr ~„ I m fn N . ~ i~ m 7 ~ m o -~r i>. u o '° ~ '~] L+mi ~ .^ .n e~LJ ~~ gn1'4° J , ~ : ` ' .z> d „~ n m Y n) n ' -, a cu .• c Y • } ~,•,,al ~ u .•. Z - C G+ O s ~~ : • -•• -• .•. N N J] ~ a ~ i•/ 0 xsaC r ! J ~~ Y7 L ['-. -. 1['[ T d O O .- .•~ IY) Z P ' r ~~ -• ~. 4 t t 1•- -n [•- •-• ~ iEbr~ M +p V•/ v: G V t -. S Ll ~. _ Y^] Ji m p, .vl T+ [)) Y7 L~ m m Y] :i M ~S il -• P] a J • _ u [ ~ m Qr .r. m .r m " o ~.~~- _ •= o -. .S- - m d n, u o = In m e~ r^ e = - N . ~ '-' m P a. -: m .. N L, P P f s u-. c: a d r P - m m a. rFil m f- ~] ¢ it Y•] . o a ~ •-• V U ~ 4 YC u J :., ) J I ' - wtfn l- W=any W smI- W sua l- wz-ml-- - ! t~-r Inmc`~i-o- m~oFm u~^ v)Inm W ~• N[ c - m moln nlN•o x v) ii a mnJ u m mm ~n - WW _ W ii W ~ ~ 1 s) J i n f [-, I t - i x _ • ..r q« 1 ii In I ... u t ° 1 ii •s. - [~ nl m m m P Ind In o -+ -0 t i p -. ~- i m~ a N -. d F in a ~ s a In n u•~ r . ~ i o u m rn o VII i •~ ~ °: m~ 1 ... 1 m ii w _• ~~ o Ir) s d ii um.] a x f : ) w d Ir) i _ - s' N .~ i In m [~ n M !•• l• LL N N [^• G r O [~ m' Y •~ N N m ~ m m o u7 N [Y -o 1 1 ~ 1 N In _ M W m In 1 m ~ m ^ 1!! II -•• 1 1i 11 ] 4 ~' II - ~ f w 1 11 ~ 11 rt 11 rt 11 y i ; q ~~ ! 1 1 q 1 1 It 1 q 11 I 11 rt . J P `L [L m 0 Q• G O C ~ .Pf] a aNO In d IJP"l 1 ~1 m N N N 1!) •p d 4 A1 Y1 1H O m ftu W 1•! In I ' 1 1!] ~ ' P m LU rAii. I N ? ~ ) ~ P d F ,I i- J Y! ... li d n [~ N l~ m ' ..Ir: 11 ~ J . •. 1 K ~r K K it ~ Yt O= 3 G G .? ~ rt Yl K ••S sl: :+~ O G O G O ~$~ao«oo o ' I 1 i•! M O: ', K M 11 )rrt a 11 ~ D go~ n [ •. II Ne u ~ MrJ 1 a ui Tio u n 11 Qoo... _. o•ci cvo ~oooo-ooo.~ ~ ~ i x . aoOOS)i cod!° ii ~ i -J r w m c ¢~ u ~C N• --. ~ [n Y t9 ~ m N N N in m a d IL [~ N ~ N 1!) O i ul 1 M m~~ u m In 11 ty r ~ n~ V r 11 I ~O -[] 1!] S I /~, Y') f'i [L N N In p " 11 m -. T ~ 11 y [L ~ 1 ^ 1 I rt ["ra ..'oo~o-n c. etnoma • ~ ° m ~ n ii i~ Ln=InF -m ru u -• -0n m- ~ ~.•. -.md mIn m m aP-•-0d P ~ ! ii P n m ii i 11 i n n [ i _ _ In ... •. : ! 1 i ~ x ~ o . : ~ i 1 N ~ ~ u u y: d r -. N c-. m m W ~ N m ^ P -0 O m a: w 1~- N m ~ P v:• •d m C. i ~ ii d ii 11 _ ,z ~ II It s] n jl ^ 11 s Z m ~ O m m m .n P • P m •P'• d m n P P '. ~ tl .n C -~• ~• ~ M 47 .-0-• ~ ~ ~ Y, It m .!] 11 ~ . G ^ I 11 .N•, m m t p m I[-J 11 V N V N m li• N [~ 8 -+ d FW-a ^•• -0 m O O L~ P ~ F Y'f .~ O N~ P s ? m N •O Yf i 11 m~ 11 = p m ~] ) h 11 N m C Y'x 11 1[•1 tI Ir] V! r• ~ d fl v] ~ t N; n N rt m P n p F : ~~.r o •a m ! I °n In ~ u ~ ! F~ ,. ii z r j I N -•. .p m O t P• P ^ ^ ~ P m yl -0 w d PO••r ~ x O NF d a ~. 11 d H' q m I 2 _~ ~i] t'] ii +• ~' l 1 H K P I ~ ~ ~~ m.. T d I i N P J t n ! ~ _+ tr d [7 -J 1 tl CJ 11 I G O ~ ' »: N F •-~ •O N in .•. N rt Yt D O F F .O T d m !'• •--• [~ -f O m F [~ m In m of •p t~ j .n It m~ ~J -0 l`• L m N O C) b [.•! N m - , P G') '. 1 _ ry. It [•• ~ n x II [••) ~ ~ S r4 Yt M K M K { I t I iJl Yt s>• K R At ' < N O :. 1 2 m d YYii xx m^ I = iL 1n i 1 11 ~ M ti •r O •~ 0 0 0 0 • • • 9 r JI 0 0 •:, O O O O O • ~• • •• , ~ I 11 x 0 0 0 11 ~ - S ~. ~ j li q ' ~ N N N N N N N ~ N N N N N N [L N I 1 ~ • 1• Z W O m m aq x j S IL L ^] It n 11 • i ~ I ~ 1 E ~ I a W P \ p ~ k K .4t }t M b) S_ O O 6 O O O K K K a4 M >K M k s - 0 0 0 G O p 0 0~ 1 11 j I O I m [z ~ N 7K x M S O O~ x 0 ! n i 1 EI a* ¢ •;a . N q6 11 O ' 3t_I •"+ O O O O O O G •m ! f 0 0 0 0 0 ` G O ~ ~ ~ ti O I ~ ~ ! i ¢ ae t O O N O r S 11 I S 2~ W= tn O 1 G 11 P O Y i m x o- c a ^ ..n ~ ~ I li ! M I ~ 11 p ! W Y7 m P 1,"l M [~ O iT ~ F m P d -0 tD m ~ it I j rt • F m O m m O_ I ra 1 ri [ .a••. S ' 1 ~ ii ~ X I I ~ d-0 d In ) a d I ( ! ~ P P m N d •^ m l M ~. I 11 ~ ~ 1 i I 11 '. 11 p ^ P -^ -0 F P m :~ • P m -+ -0 Q 11•l P P I " N -0 ! 1 x 1 ^ ~ It F M I ~- ~ 1 (n x W m .•+ •^' N O u'> N-0 Ir Mnm - -0 m d -• n> •O . .O 1 -0 -• i N~ M m m i ~ N m 11 d m 1 P 1 .o •y emu ~m^o-0 [~.°.r -0 to 1 ( Fm m N p d ~ d 1 d -0 I B N ~ ~ ~ ' : W N v m m M ~. -0 4> d m m -d P P P C• -• In m P O ~ m F~ d m a m P j N 11 d ~ I m L~ ~ N m I m •O .S It a ! ~• rp -• ^ 1 i ~ 11 •lL d I d • . 1y1 p • ~ ~ N t d N m tl ~ Y7 x w II II It ~ .... -• m m In m o ' v> m e• P ••+ P t ¢ m x m ¢ ~ F -. ii -• n 1 m rt -•-0m ~P [~ ~ .•. P m NIn dmc .-. n~ f l m m n -+ I [ 1 tl7 -~+ n ~ fn 1 -• ~ n IL I ' i I i• it , ~ d p O i ( i to 11 N «G.• 11 p [ ~ Y [ n R ® m m m h m ~ x ~ P n q rt N m m ~ J • •? ++ i> , G D P v 'l d ( ~ 1 1 L I [~) d N '.') ' ~ ~ ~ N II m ~ N J W CD '~ st :.G >ti T r" t~ ~ M x _.• ~ X O- m ~ r .-~ I i` ~ iy ~. li I = ~ .Y x :at 1 It ! ' r~J• O ~ . 1 ti] O Z N [~ 1!] q LI O J ~ N ti f1.1 ' I 1 ~ n 1f9 .+ t' m ~ In It In '. . x •rn] [ 1 rtl ~• y d J ] 1 1• Y') 3: ~ V . = 6.) m r+ r. r-, ..•+ S •-• P •^ m i] ~ m U u') In d P P P O• m ~n P~ O 1 t, .~ 1 .• : J W ~• •O •P.. N P qVC O.-. n • C > .' . ~ 1 Y"l G U m M 1 _m _ Il=Y u ~ •••r m -O C- N d i !' ~ i .D rD .•• R1 m I•'i M1 I II _ ~ x N I j _ ~ .=Yl S I ... It I [h R P p m . y m a ..• ( •y n !~ 11 4, 11 -0 p -a ~ m I 1 m ~+ m P n 1 l :~ A •.) [n -+ nl x~ i u7 LL m u L~ c 4 ; -. u C I' 11 t p ~ q , 11 1 ' It J V H [fJ> mF o r n ~ PIn -rfn-0-b .. m-n '. ~T ~.~nJ -. .... Fina in d a r d r .n In r~ s rn u Y- ' i ~ ^-) cn 11').~~7 ii .~ y u•)~ N ~~ n w _ 9 ; m ii 2 ~ v] ii i• m m i~ L l o T ii ~ ti m u f ~ p , ) Q 1..) .r N l tN _ 1 .~ LL ~ O n O .G ii li [i ~ ". ii N rD ... « r _ - ~ m • ~ n u ry ^ ~ ' M ff• 1. ~ m ~ aT] r n V tt n t tl °• Ir I -. r) o I . ~~ i 1 1 f 1 1 . I u- n u - i iv n m _ ~'` • I > F e I ii in . ~ L ro ~ m P u r 4o a -0 ~I ° -r ~ i s s n )) t R i _ «-- Ir ~, 1 i _ ~ ~a ~ _ ~ ,~ •~ . 1 1 ' u m ii n i P L.. r r L d .r r d1 • p L t• ; , ui l 4 :) - ~ ,~ 1 Ln _ .- n 1 i U x . Li ~ ~ u N ..1 i ~ i M [ u :.. ... rL .-. N M N -• ~• _.. f.- In C. m p -. - 0- fn a: r .~• I ~ O N . ~tf In u - n. 11 . ' 4J Na'1 y Y') n O m :yU ~ t ) f•> ._. :' - ] m ~i d ) r > 1 - d v) 1+ i m : li f) r~ u •? a ~ It •') : ~ fJ ~ -~ ': .l) , u u, :.- . . .~ tY n h ... . : c- v ri v ii ~.., n -J >, a o_ •, N u -. r m [~ m d m - ~ a L aw ) ~ -• m u~ -• , m u m _ - d ii [~ ~ < J m r .~ !)• u] ii rr ^ tom . T ii I~ `_i 4 n ~ ] Y! In > y N [y It) fl'1 v - . [ _ ~ e~ x M> If ~ ~" S tl , ) • ~ , w cG _. _. ,:Y. . 1 _~ ° - )J S /1: Y i y 11 u s : P n ~ ' NI ,z JL r J tL ~ al W J ~ J J Ir tt 11 .3 ~ 4 1 Q "- -- ~ n [:]L 4 eL .i Q 3 W ~ i ~ r S t ~ p i T ~ ji 1-. - taI 4 y .-. r W ` ~ !~ ..- ~ T fb) u .l •u•• T ~ ' L ) w ~ p •t [y S ~ ~ 11 [~ 11 - tt7 W -t- J7 [ ~ T fY G, A 1 ¢ L' 1-- ~ 2 y Z W ~ r _ i t M - 3. >t• , t U +, ._, r IJ -• _ J S , W t p rG m M ~ tl . LLJ Y 1 a- fr !C .l J M :- T. ar. r_ _ 'S 11 «• x r_.) tom. _ RECEI~,IED EXCE~~F y~ ~~~.~ ~~ ~ ,Zi Q` \~ JAN 2 ~ 1994 CIS"r ~~° iyl~~~l~i~~~ /1 SUPERINTENDENTOFSCHOOLS Bob L. Haley DEPUTY SUPERINTENDENT Dan Mabe, Finance & Administration DIRECTORS Sheryl Belknap, Elementary Jim Carberry, Secondary Christine Donnell, Personnel Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911 MERIDIAN STREET MERIDIAN,IDAH083642 PHONE(208)888-6701 January 27, 1994 Marty Goldsmith Goldsmith Chartered Inc. 5120 North Turret Way Boise, Idaho 83705 RE: Sagehen Estates Dear Mr. Goldsmith: I have the preliminary plat of your subdivision showing approximately three acres reserved for a school or park. This appears to be a very good plan provided the three remaining properties also make the same reservation. The school district would be willing to consider an option on the property. Rich Allison at ACRE realty in Meridian will act as our agent in completing the option. In response to your request to develop the three acres into a park as your development goes in, the school district would have no objection. However, you and the city should understand the school district is not prepared to maintain the park. Without review of the entire site by architects and engineers I can't tell you that the park landscaping and grass areas would remain in place if a school is constructed on the site. Building placement, site elevation changes, and specific uses of the property could dictate the park be demolished. Sincerely, Dan Mabe, Deputy Superintendent DM:gr G~'fi~G JAMES E. BRUCE, President GLENN J. RHODES, Vice President SHERRY R. HUBER, Secretary ~~~ DEC 0 2 193 DATE: November 30, 1993 TO: Lead Agency - City of Meridian, c/o yne Forrey FROM: ACHD Development Services Division RE: "Sagehen Estates" Subdivision, Preliminary Plat This project is of sufficient size, and/or is expected to generate traffic impacts such that the District requests deferral of the public hearing for this application until the required Traffic Study has been approved by the District's Traffic Services Department. The District will notify you and the applicant, as soon as possible, after completion of the review and approval. ACRD requests the lead agency to include the results and recommendations of the approved Traffic Study in the public hearing process. It appears that a major redesign will be required to extend a "non-continuous collector" street into or thru the project. This delay will allow the public and the lead agency to be better informed about the traffic issues related to this project prior to making any decisions. cc: Applicant - Goldsmith Charter Representative - Roylance and Associates ACHD Traffic Services - Dave Szplett Ada Planning Association - Erv Olen Project File - Sagehen Estates Chron ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 ., /~ /"~ ~ lJ ~.~~ - ~ ~~~~ G ~ f',L JAMES E. BRUCE, President GLENN J. RHODES, Vice President SHERRY R. HUBER, Secretary TO: Goldsmith Charter 5120 N. Turret Way Boise ID 83705 FROM: Larry Sale, ~~~r~Yvi r Development ??''~~~~ January 28, 1994 SUBJECT: SAGEHEN ESTATES SUBDIVISION - PRELIMINARY PLAT On January 27, 1994, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the Preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are required: Prior to any construction within the existing or proposed public right-of- way, the following shall be submitted and subject to review and approval by the District: a. Three complete sets of detailed street construction drawings prepared by an Idaho Registered Professional Engineer, together with payment of plan review fee. b. Execute an Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. c. Complete all street improvements to the satisfaction of the District, or execute Surety Agreement between the Developer and the District to guarantee the completion of construction of all street improvements. ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 ~"~ C~'fi~G JAMES E. BRUCE, President GLENN J. RHODES, Vice President SHERRY R. HUGER, Secretary TO: ACRD Commission /'~ ~~~~~~ ~:'~TER-~~EPARTMENT ~~$ - 2 ~~~1} ~'ORR.ESPONDENCE ~~ ~F ~~~~ S.AGEHEN/DSTECH 1-26-94 D~?TE; :January 21, 1994 FROM: Development. Services SUB~7ECT: PRELIMINARY PLAT - SAGEHEN ESTATES SUBDIVISION !Developer - Goldsmith Charter, 5120 N. Turret Way, Boise, ID 83705) (Engineer/S~arv~yor - Roylance & Associates, 4619 Emerald St., Suite D-2, Boise, ID 83706) FACTS & FINDINGS: 1. aagehen Estates is a proposed 74-lot single family residential subdivision on 24.3 acres of property located. on the east side of Locust Grove Road approximately 1,570-feet south of Over- land Road. The preliminary plat shows an additional 20 acres available for future development to the east of this project. This 20 acres appears to be part of the same property and as such should be included. in the plat. Approximately fi5 more lots could be developed on the 20 acres and that. would mean that approximately 139 lots would be taking access to ~~ocust Grove Road through Wetlands Drive. 2. A traffic study has been submitted which includes the impact ~f another project (Landfall Subdivisions across Locust Grove Road, The study shows that most traffic wants to ~~o north and east from this site and recommends beginning a collector street in this project at Wetland Drive and stubbed to the north far future connection to Locust Grove Road. The inter- section alignment of Trumpeter Drive with Opening Day Drive across Locust Grove Road should be coordinated. Trumpeter Drive does not need to be a collector street and no access restrictions will be imposed. ado county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 ' L'F.ELIMINARY PLAT -~AGEHEN ESTATES Si1BDIVI vIO~ January 21, 1994 T~age 3 "tee" intersection) to emphasize C7olden Eye as the main ratite cut of the project after its extension. Trumpeter can serve as the primary entrance to the project through the i~uild-out. 7. Coordinate the alignment {no intersection offset) of Trumpeter Drive with Opening Day Drive on the. west side of Locust Grove Road. 8. This approval of the preliminary plat of Sagehen Subdivision i.s limited to the development of lOQ dwelling units only. No additional phases. will be approved- by the District. until a second access out to the arterial. system is provided, presum- ably by the extension of Golden Eye Drive through the adjoin- ing property. 9. Extend a stub street {local) to the north boundary of t:.he project near the east end of the project. 10. Provide. paved public turnarou:lds a.t the. ends of Wetlands Drive and Trumpeter thrive. 11. The applicant. proposes that the sidewalks on all streets in. the subdivision be set back. from the. curb.. ACHD approves of this proposal. 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 galicies. 2. Dedicated streets and. drainage systeTns shall be designed and constructed in conformance with District standards and poli- cies. 3. Specifications, land surveys, reports, plats, drawings, plans., design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-121.5. 4. Provide written approval from the appropriate irriga- tion/drainagge district. authorizing :storm runoff inter their system. 5. Locate obstructions 4utility facilities, irrigation and drain- age appurtenances,. etc.) outside of the prapased street im- provements. Authorization for relocations shall be obtained from the appropriate entity. ~?RELIMINP.kY PLAT -/'~AGEHEN ESTATES SL3BDIVISIaY~ January 21, 194 Wage 5 14. A request .for rnodifioation, ~rarianre or wai~.rer Hof any require- ment or policy outlined h~arein shall be made, ir, writing, to the Manacxer of Engineering Services within 15 calendar days of the original commission action. The request shall include a a~:ate2ttent explaining why such a requirement would result i.n substantial hardship or inequity. Should you have any questions or comments, please contact the Development Services Division at 345-7662. STAFF SUBMITTING: DATE GF CGMMISSION AP'FROVAL: JAN 2 6 199 Larry Sale ~"~ ,l 1 .. i 1 ~ -~ ` ~ t`... _ _ ~ . ~ ` ~._ 1 ~` ~r, ~ ~ F `. t ~ r 1 ~ ~ .... ..t ~ ~ f ~ ~ ~ ~. ~ .~ .._ ! t -i `-~ ' i I _ ~ ~ ii ~ . s ""t Yd !!tVlOOSSV ONV i~1iYlIlOk1 • ~ ; II ,NOtlt/1W~f1! !l1V1la7 N3Nf0~-! ~ ~"' `•r, - ' '~ avers wewrw~ris~sa ~ ~, ~ 91'-i-wts I, 3 ~ ~~ r a f ~_ ~., b~ ~~ ~-: ~'~ ~k ; ..r }_ ~' ~ ~-~ ~ 4 is ~± _ '-•`; ~~ ~`~ t 1'~ i i ij ,~ `}~ I 9 ~~ • r ' ' 7 ~~ 4~ ~ . ~ : ~ ~ ~ ~ ~~ ~ ~! ~~'~~ ~ ~ ~t~~l~t~i~~ ~ ,~.t ~ 1 ~~ ~ ~' ~ f ~. ~~ i~ Efi ~ iR ,1 E ~ ~ i~ ~~ S{ 4 - - -• • .. t [ P 4 ctt 9 ~ ~ } ~ ~ t (fit ~ t~~ E~~ ' Ij~ S ~i~ ~ ~~ ~~tb~ 0 [. ._~_ • k~~ ~~.i ~.. _ ~~. ,~~ [~:~ FS, y~,L' • r ~ . ~~~ . ~T --t - - [~ ~ ti~ ~~.- 4~ 1~ ~~ s~ y ~ F y j ~ ! ~~ 1 t R Q a~] /~ ~ O.IOA • ~s+. / wOYO 1~f1D07 ~ _.._._.~. _..._ _. a... .._ ...~ i G ~ (~iC JAMES E. BRUCE, President GLENN J. RHODES, Vice President SHERRY R. HUBER, Secretary TO: WAYNE S. FORREY, AICP MERIDIAN PLANNING & ZONING COMMISSION FROM: LARRY SALE, SU SO ACHD DEVELOPME S ~r-1\ SUBJECT: SAGE HENSTATES SUBDIVISION ARY PLAT REVIEW TRAFFIC STUDY RECOMMENDATIONS January il, 1994 The Highway District staff has received and reviewed the traffic impact study for this subdivision and make the following recommendations for conditional approval of the preliminary plat. These comments are being forwarded to the Highway District Commissioners for their consideration and action on January 19, 1994. The traffic study has determined that the existing layout will generate 1,385 vehicle trips per day on Trumpeter Drive, the primary street providing access to the entire project from Locust Grove. This level of traffic will result in permanent complaints about the volume of traffic from the people who will live on Trumpeter from a point about midway of the project all the way out to Locust Grove. The Highway District's goal is to not create any more local residential streets that will carry more than 1,000 trips per day. This goal is supported by the level of complaints that are received by the District about too much traffic. The level of complaints noticeably increases when traffic reaches or exceeds the range of 1,000 trips per day on local streets. The District's policy also requires a collector status roadway or two local streets for access to a project whenever the traffic to be generated by that project is forecast to exceed 1,000 trips per day. This policy therefore requires that the Sage Hen project be redesigned to conform with this policy. The District has evaluated the design of the project with respect to its location within the square mile and to the shape of the property. The designer has done a good job of designing the project to fit the shape of the property and with a minor change, can be altered to meet the future needs of the square while meeting the District's policy. Requiring the redesign of the project to make Trumpeter a collector will be very difficult to comply with given the shape of the property. An alternative design will give the desired result. ada county highway district 318 East 37th Boise, Idaho 83714 • Phone (208) 345-7680 The Highway District recommends approval of a plat which shows the following revisions to review: n modified preliminary the one undergoing 1. Redesign the project to show Golden Eye Drive as a collector roadway standard from the north boundary of the project to the intersection with Wetlands Drive. The Highway District will require the extension of Golden Eye Drive northward and westward out to Locust Grove as a collector street as development occurs on that intervening property. This requirement is based on the findings of the traffic study that show the primary traffic desire line is to the north and east from the subdivision. Constructing a collector out to Locust Grove will satisfy this desire line. 2. Redesign the intersection of Trumpeter Drive and Golden Eye Drive to bring Trumpeter into Golden Eye at ninety degrees (a "tee" intersection) to emphasize Golden Eye as the main route out of the project after its extension. Trumpeter can serve as the primary entrance to the project through the build-out. See 3. below. 3. This approval of the preliminary plat of Sage Hen Subdivision is limited to the development of 100 dwelling units only. No additional phases will be approved by the Highway District until a second access out to the arterial system is provided, presumably by the extension of Golden Eye Drive through the adjoining property. 4. Extend a stub street (local) to the north boundary of the project near the east end of the project. CENTRAL •• DISTRICT HEALTH DEPARTMENT Rezone # ~, ~s:~~', ° ;a Eagle ^ Garden city Meridian Conditional Use # - ^ Kuna Preliminary Final /Short Plat 5~~~ /`' ES~~S S~ /r~6Sia// ^ ACZ ^ I. We have Objections to this Proposal. REVIEW SHEET Environmental Health Division ^ 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: ~]c 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. ^ I o. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ I I. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ^ 13. R~IIN'Ih tl~: ~~ ~:~ Date: ~~ / / S3 Reviewed By: fDHD 10/91 rcb, rev. I I/93 III /~ Nampa & Meridian Irrigation District's Hunter Lateral courses across the eastern part of this project. The right-of-way of the Hunter Lateral is 40 feet: 20 feet from the center each way. Nampa &, Meridian Irrigation District's Ninemile Drain courses across the western part=of this project. The right-of-way of the Ninemile Drain is 60 feet: 30 feet from,.the,center each way. See Idaho Code 42-1208--RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POSSESSION. The developer must contact John P. Anderson or Bill Henson at Nampa & Meridian Irrigation District, 466-0663 or 345-2431, for approval before any encroachment or change of right-of-way occurs. Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. Contact Donna Moore at 343-1884 or 466-7861 for further information. All laterals and waste ways must be protected. Municipal surface drainage must be retained on site. If any surface drainage leaves the site, Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 3]-3805. It is recommended that irrigation water be made available to all developments within Nampa & Meridian Irrigation District. ~~~ Bill Henson, Foreman Nampa & Meridian Irrigation District ~>1 G'1~ 2 ~ ~~~4 ,` 3 ~. 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 18 November 19 9 3 Phones: Area Code 208 OFFICE: Nampa 466-7861 David ROylarice Boise 343-1884 Roylance & Associates SHOP: Nampa 466-0663 4619 Emerald St. , Suite D-2 Boise 345-2431 Boise, ID 83706 RE: .Land Use Change Application for Sagehen Estates Subdivision Dear Mr. Roylance: 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 Meridian Planning & Zoning Gene & Freda Babbitt Goldsmith Charter enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS • 23,000 BOISE PROJECT RIGHTS - 40,000 OFFICIALS WAYNE S. FORREY. AICP, Clty 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 REQUEST= ~~~~ DES - 5 s~~~ Cg~'`~ ~~ ~a~~~~~d COUNCILMEN pONALO R. TOLSM~ ROBERT GIESLER MAX YERRINGTON ROBERT D. CORRIE Chairrnan Zoning st Plan JIM JOHNSON Centennial Coordlnat PATSY FEDRIZZI TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your com nts and recommendations will be th Meridian considered e by 3 nswer bY~ ma}~ we have your a TRANSMITTAL DATE = ~ ~` 1S '~3 :: HEARING DATE = ~ Z' 1 L/" 9~ ._ ,+1 1 i,,.n ~ `t 1. ., '.J.~ ~. __ .,.n .. ~~n.~ !". tom. ~ HUB OFTREgSUREVALLEy~ ~~JV 1. "~ 1~~3 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 f' r BY LOCATION OF PROPERTY OR PROJECT ~ -V 1/Z ~S~J~I~r ~2 Z4 ~--- ~~' fie' 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 fH~AI GS pAIINTGGF 0/7 nnn of nuurur_ eeenrrnrtnu We require a permanent 10-foot wide public utilities easement along all lots ad.iacent to a road right-of-wav dedicated to public or private use. Tim Adams Idaho Power 322-2047 ~~ ~~,~,s 1 Z' Z' q 3 i'~, ~"-`~ XUB OFTREASURE VALLL _ OFFICIALS WAYNE S. FORREY. AICP. City Clerk JANICE GASS. Treasurer BRUCE D. STUART, Water Works Suot. WAYNE G. CROOKSTON. JR.. Attornsy JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS. Fire Chiaf BILL GORDON, Polite Chief GARY SMITH. P.E.. City Engineer 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208)888-4433 FAX (208) 887-4813 GRANT P. KINGSFORD Mayor ~~ ~ ~. a k ~'~ COUNCILMEN RONALD R.TOLSh ROBERT GIESLE= MA% YERRINGTO. ROBERT 0. CORK: Chairman Zoning 6 Pla JIM JOHNSON Centennial Coordina: PATSY FEDRIZZ! TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your com nts and recommendations will be considered by the M>rridian may we have your answer by: 3 TRANSMITTAL DATF_ : I I" IS '~3 ~ ,HEARING DATE = ~ 2' I ~' 9~ RED E3 Y LOCATION OF PROPERTY OR JIM JOHNSON P/Z MOE ALIDJANI,P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z 1IM HEPPER, P/Z GRANT KINGSFORO, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C B08 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 A Good Place to Live CITY OF MERIDIAl~ A.~ PROJECT : 1l~ ~~2 ~ SGJ tIy , ~~Q 2a~ v '~ MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM AND FINAL PLATS) ADA COUNTY HIGHWAY DISTRICT _ ,;.,_. AOA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR..:DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CD"(PRELIM AND FINAL PLATS) !lS: WEST (PRELIM ANO FINAL PLATS) INTERMOUNTAIN GAS (PRELIM ANO FINAL PLATS) BUREAU OF RECLAMATION (PRELIM AND FINAL PLATS) CITY FILES OTHER: YOUR CONCISE REMARKS: ~,~ ~ i. ~ S T /~' .~ i n ~ ~ oaf ~ , ; _ _ ~ ,-. /. Q~ FRANK W. STOPPELLO ATTORNEYS AND COUNSELORS AT LAW 620 WEST HAYS STREET BOISE, H)AHO 83702 FRANK W. STOPPELLO JERRY A. KISER December 10, 1993 Larry Sale Ada County Highway District Supervisor of Development Services 318 E. 37th Street Boise, ID 83714 Wayne Forrey, AICP Planning Director City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 TELEPHONE )208) 336-1020 FACSIMILE 1208) 336-1027 ~~. Q~e ~ 4 ~~.~~i~i Re: Goldsmith Charter Application for xation and Rezoning of Proposed agehen Estates Subdivision Dear Sirs: I am the property owner to the immediate south of the proposed Sagehen Estates Subdivision. From the information I have available to me have no objection to the proposed annexation and as there is street and utility access to my prop spoken to Mr. Goldsmith about my request to have utility access to my property in the first phase development of Sagehen Estates Subdivision. Mr. informed me that would not be a problem. at this time, I rezoning as long arty. I have street and of the Goldsmith has I therefore request that such access be provided in the first phase. If anyone has any questions, please feel free to call me. Sincerely, ~~~.~ t , ? .~~W W ~ Frank W. Stoppello Attorney at Law FWS:dc cc: Marty Goldsmith State of ~aho DEPARTMENT OF WATER RESOURCES Western Region, 2735 Airport Way, Boise, Idaho 83705-5082 - (208) 334-2190 FAX (208) 334-2348 CECIL D. ANDRUS GOVERNOR February 24, 1994 LUCKY PEAK PROJECT OFFICE CORPS OF ENGINEERS HC 33 BOX 1020 BOISE ID 83706 RE: Joint Application For Permit #63-5-990 / Marty Goldmith To Whom It May Concern: R. KEITH HIGGINSON DIRECTOR EC~~ 9P ~~~ #~ ~~~`~ i C~~`'~'' ~F f ~~~~~+:~ Enclosed is a copy of the above referenced application for a permit to alter a stream channel. Please review the application and reply with your comments or objections to this Department by March 16, 1994. At the end of the comment period a decision to approve or deny the application will be made based on the information which has been received. If the department does not receive your reply by March 16, 1994 we will assume you have no comment. If you have any questions regarding the proposal, please contact the applicant at the address and phone number listed on the enclosed application, or contact this office. Sincerely, MGG:vr Encl: M. GENE GIBBON Stream Protection Specialist cc: IDHW-DEQ, IDFG, Ada County, z~'Itriodis~ City, Neighbors . /' y{may ~~ JOINT APPLICATtON FOR PERMIT ~ 1 PERMIT DECISIONS MUST RECEIVED r ~ ~ ~ ~ ~~~~} U.S. ARMt CORPS OF ENGINEERS q~ R 0 FROM BOTN tHE STATE f ~~(PP ~0 ~tt l'iiR t0A D THE CORPS OF FEB 2 2 ~-~' ~~ ~FOFOIDANOARDEPARTMENTAOFRUNO s l0 ~(` NOINEER toR t0 START OF yyGpT1+~R RESOURCES it r rasp is authorised by Section 40 of the River ~ ~t f 899 ~ Seetton 404 of the The Department Sq~liMll~tipltm P ~ Clean Yater Act. These tars require permits authorising structures and work in or ec a~i e"MSter -.e the United States and the discharge of dredged or fill material into raters of the United States, ine ng the ~]j4ice t ~S ~~~hotlakepProtee- are required under the State of Idaho, Stream Charnel Protection Act (Title 42, Ch 38, Idaho e) a ,^t, lion Aet, Section 58-142 et. seq, I o Code. This applieai will meet the requir of the above ~g~nC es. 2. State of Idaho * c~.' '" S - ~ 70 1. Corps of Engineers S Date Received ~ - ~ ~ Date Reeeivad PLEASE TYPE OR PRINT ~~ ~ Cup ;~r~ d vz._ 3. Applicant f't~ I ~i.. ~(!-'[''xuthorised Agent Mailing Address J~D ~ S~c~` - Mailing Address ~~~ ~ _l~P-r~-~~ ~~~~' ~-~ ~ ~ 1ST ~D V~ 3~7d'~ 1~o iSF , :T-v ~3~7dfp Ares //~ Area ~' ? Area A~ ~3 `"y 7~~Name (20 J~I'~J' S~1r1-~ Work Phone (!.~ ~.^~lL ~ 7 /~ome ( ) Mork. Phone (' fi') fax Number lGd~~ .3~~3 -970$ (~~~asc' (~cc(1 ~`r~'Sr~ Date of Application ~ _ 5__ y T • 5. location wherenp~roposed a/c~tivity exists or w/il'l~ occur. /i~~s~7 ~~~f~I r Waterway I~~~` w LLC. [ ~Lr~~~ ' ~ Tributary of: I °~ Assessor's Oese. (Tax No. or Subd:v:s on, Lot Block No.) ~11~Rm~~N *(See instructions) n o/r n~/ear a ty or town N r-~ / *~ r~ , ` ~ ~ County State 2 p Code 1/4 1/4 Section Township Range UTM Coordinate Grid Z'~/ K!•yy?ss"`o 1~ 3Sa9y~ 6. float supported platfoarms.vilf~edditidona9 spaceiPs~neededthuseeeseparatecsheet~orfSectionol6 (Rremarkds) ~ fills, or pile or R~~~ -~~ pTr,~cN~teNr sNr~T Describe construction methods and equipment: R~F>^2 To pT~'ACA~iM~Nt SWEAT List all soil series located at project site, and indicate if any are on the county~s hydric soils list: length of project along the stream or extension into lake or reservoir: C0 Po F E'~F T , ~ P ~ Q Ux Will materiel be placed waterward of ordinary high water mark? ~~ tf yesi~eh temporary and permanent)ub~c yards) Will material be placed in wetlands? N11'~ _If yes, area: (acres) Type and composition of fill material: N~ ~ ___ _(i.e. sand, etc.) Material Source: ;I~ wilt excavation be required? ~ l'S If yes, volume: ~G(L.1 ~'c• (cubic yards) Composition~l{'1 „~iTGMF1TE(z ~ ~;~ ~u~~ Disposal site for excavated materiel:)Yl!k1Cl'a~l~U'it-L~'~US~A F~~iU/!'~tet'~od of dredging: N~ Stream gradient: 1 r.SS ~!-N A Il) 1 %~ Method of controlling turbidity: 7. Sire and flow capacity of proposed bridge or Culver (ldaho Department of taster Resources requirement.)_ ~1Pt~cr~ry ~~ l?PPR~'X~n~~A7rt~y llr. NPW 304 Feb 92 (REV) Ci`1 i area of drainage served (sq. miles): FL..nLL' c~r~'r c.'L~t,tl("t'r r~ X ~/l=C~c~7 CUt t1F~T; i- S ~ i~ k ~'~ iiiJll c:~i- ,~ Q c: -A- c? f"_fl~P~ ~' l ~~/ SQ /Y1 ~ IDWR Form 3804.8 Feb 92 (REV) ' ~ ~ 8. Preparation of drawings. One set oz iginal or good quality reproducible drawing_ tst be attached to this application. ~s.u.uec u0 LARGER THAN 8-1/2 X 11 INCHES tN SI2E. See the instruction pamphlet for instructions end a checklist for NOTE- v completing the drawings. include photogrsphs of the project site masted on 8-1/2 x it sheets. 9. Purpose and intended use: Commercial Public l Private Other DescribeTb 1-IAUE W/~1~K ~Nfl SFwEI~,AIV~7 -ZDADuJA~I `TO 1~E5iDEIU7inC~5Ltg~ Necessity end justifiestion for projject S/7~~/-/rA~{1 /7j4'iGr 5 /~l~G'I~GR i y (?EE) .~1Cc:E5~5 ~'~~~~ WESTTp~ ~S7 51U~ 10. Proposed Sterling Date ~ V - ~l~G i~l ~~ I `1" Estimated Duration ~ v l~'a~Ys 11. If any portion of the activity is eoeplete, indicate month end year of completion - n Indicate the existing work on the drawings. 12. Names, addresses, and telephone rxnbers of adjoining property owners, lessees, ate., whose property also adjoins the waterway. ,. , ,. Check here if the alteration is located on endowment lands administered by the Idaho Department of lands 13. LEGAL OYNER IF ll'>~iU~ ,2~~~~J ~~ OTHER THAN APPIiCANT) ll~ f~ I~ MAILiNGADDRESS /`~'L, ~~.L~~~Gt;~l ~%~=~C~~~G 21PTCODEATE, ./-~~r~Cp1Cl.~, ~1~ ~~~jl,~~ / V ARiEA 1 PHONE ~K(AREA) NOME( ''~) f~~h '~~/i~ (~ 14. List other applications, approvals, or certifications from other Federal, interstate, state, or local agencies for any structures, constructions, discharges, deposits, or other activites described in the spplication. issuing Agency Type of Approval identification No. Date of Appliestion Date of Approval C ! T y 0 ~ M~ K- ~ Ill ~1J ~ ~~ ~ P~. /~ -r S,'~(vE N~-iy n~ ~ ~~~r~ 15. Has any agency denied approval for the activity described herein or for any activity directly related to the activity described herein? yes No (tf "Yes" explain) 16. Remarks or additional information: ~ ~~~ 5 ~~ ~, iA~ ~~~~~~ TS ~) ~ `~ /G~ r~F V l~ ! UP./1~1 t/N T, ~-T1-l IS ~R~~it) l~Ui[,~ !>~ l.i.;~ ~ l=c; k: ~1k.2~(~,> aT~GnI /-~N1~ ('AN~tJOT %T_: DIS~~LIG-,~'~.D ~ r-~rr~_ ~ ~ ,~ ~c ~ iT. Application is hereby made fora permit or permits to. authorize the activities described herein. i certify that t am familiar with the information contained in this application, and that to the best of my knowledge and belief, such information is true, complete, and accurate. I further certify that t possess the authority to undertake the proposed activities. I hereby grant to the agencies to which this spplication is made, the right to come upon the above-described location to inspect the proposed or completed work. / _ ~ r Oate The application oust be signed by the applicant. If an authorized agent is to be designated, item 4 and the following information should be completed. pp n i hereby designate +~LYLh-a['~c S5[~~;~'T}j__ to act as ary agent in matters related to this permit application. i understand that if a Fedora permit s tss I must siyf the permit. n~ Dste igneture o Chor:zecyA~ent`tif~a plicable> Signature of Applicant (if applicable) 18 U.S.C. Section 1001 provides that: Yhoever, in any e>amer within the jurisdiction of any department or agency of the United States knowingly falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes sny false, fictitious, or fraudulent statements or representstions or makes or uses sny false writing or document knowing same io contain any false, fictitious, or fraudulent statement or entry, shall be fined not more then 510,000 or imprisoned not more than S years or both. Do not sent a Federal permit processing fee with this application. The appropriate fee will be sssessed when a permit is issued. DO NOT SEND FEDERAL PROCESSING fEE WITH APPLICAI)ON 1DYR form 3804.6 NPW Form 304 Feb 92 (REV) Feb 92 (Rev) ,nay 2610 ~-~ ~ / ~_ ; ~ al. J i ~\ 2650 ~~ 7 , LERS Q e =_~----_~ "' ~ • • • ~ BM 2627 a;• Batty - ..• • _' j - o Flume o ; i w ~ ~ ° • fRANKIfN , 2p •I, •°• . f BM• 2652 A ., - .. •~° P N `'sso 0 e °, ~®H Cs~ti p ~; '': ~ Ra Towers 16 a 'l8 • ~ 17 ''~ r' a o •. , ~~ ~ o --- ~~ 1 W; rc s . - f •~• ,\ .~~ ~ PNE .I U \ 2 ~PNE 2650 --- ~ •II .•~. - • ~ _ .II ~ '., _ ° a, ~~• .OVERLAND 263@ ' 2644 • o ° A °° _ __ - - ;2680 .II' ~'C J0 ° J ° i c\/ • I ( \• m r ~aY6 B~ ~ 1 "1 ~ '~ ~-- ~ y ~~ ~ _.. _ . - 2660 \ ~\ p• • ro lI ,O P 35' J ~• _ p -_ ~ n - n,21 LEVEE„~~~.~~~,,,~ ~.. I/0C LO N ..~mw~w.~„ •A~ "CANA, ' i ~ Gro ch v // I ~ • • ~ ' ' `~ 1625 ON ~` ~,; • I! ~ ? ^ •. ~~ ~ Y• ° 69o I ~ ij ' ~i L- BM B .. ' ' y~ , ... ` .• 269? ... ~. • i~: • 1 ;I.r \t~\ ~ ~, \ .. ~•o ~ ~ -- • ; \~ d ~ I FEEDER I ~ // ° _ ~ . TE fLE a_.. 1 J ~s24 3U ~~' Flu 2 •a ~- ~~ • ~ •t -~• o . -- '---- _- =~==s 0 ~ I 's ---.; n ~ ryb ~ I, u ~ P (\ •a --II r r. W ~ ` ,. , N , ~. ° AMIfiY - ~ _ BMZ711 _ I ,~ ~ n O •'. \? R P p 00 2 ~ /, ~~ ~ ~ ~ \ . o ry ~• •\ .~ =mar _ _ \ .~~. g ~ ~ JOINT APPLICATION FOR PERMI ATTACHIVIENT ITEM 6A An encased sanitary sewer line and utility line will be placed approximately 2 feet below the creek bottom and a 10-foot span by 38-foot long concrete stiff-leg culvert (box culvert without a bottom) placed on concrete spread footings. The culvert will have concrete wing walls at both ends of the structure placed at a 45° angle to transition flows into the culvert at the inlet and back to natural channel section at the outlet. Riprap will be placed adjacent to the culvert walls on the creek bottom along the length of the culvert to help minimize any erosive effects during flood stages. Riprap will be well graded with 50% of the material not exceeding 4-inch and with 100% less than 8-inch. ITEM 6B The nine mile drain will be diverted through a temporary diversion channel around the proposed construction area with sand bag dikes placed upstream from the construction area and downstream to prevent creek from flowing into the construction area. Sand bag dikes and diversion channel will be lined with 4 mil visqueen. All excavation work will be performed with aback-hoe. A temporary dewatering detention pond will be constructed away from the drain for pumping into if excavation area requires dewatering. If pond becomes full, the water will be pumped out of the pond and sprayed onto the land. It will not be allowed to overflow the pond sides. Pipe lines will be constructed across the creek bed to a minimum of 10 feet beyond each side of the proposed culvert and backfilled with a satisfactory compacted soil material. A 6-inch thick concrete cover will be placed over each of the pipes to prevent erosion or damage to the pipes. The culvert footings will be excavated and cast-in-place. Precast wall and roof slab sections will be placed on the footings and connected. Backfill material will be placed and compacted around the footings and riprap placed in the creek bottom adjacent to the footings. The drain diversion will be removed to allow water to flow in the original channel and the temporary channel backfilled to original ground line. The embankment around the culvert will continue and the construction of the road completed. Topsoil will be placed in excavated areas and seeded to prevent erosion. c:\wordlea111etters\pn 1448.doc ~""~ ~\ Adjoining Property Owners Frank & Vickie Stoppello 782 Arlington Dr Eagle, ID 83616 208/888-6185 Gene Babbitt 2570 S Locust Grove Rd Meridian, ID 83642 208/888-2429 Lydia Aguirre 2620 S Locust Grove Rd Meridian, ID 83642 208/887-9662 Sally Martin 2680 E Victory Rd Meridian, ID 83642 Grover & Allene Foster 2360 S Locust Grove Rd Meridian, ID 83642 Clifford Babbitt 11881 W Amity Rd Boise, ID 83709 208/362-9806 r. ~ ~~--~, f 1~~2~ OtA~I, In 2~M~ ~_ ip n ~o N 01 10 N W w z W t/4 COR FD. AXEL W/ CHISLED 'X' O Q 0 w 0 . ~ U 0 J rv` v `~ ~~ z .sss sF* ~ ,w N~ M~~~p~ IJDA courirn, I ~A~l~ DATE: 1~8~9'~' SHEET 1 OF i APPLICATION QY : ~p1.,A.5~I~iTN ClyArrir~r` ~~16~ilDiDnl~CLv~1~.>^tUA~..E ~ IbANo Q~Ao2A-~i.~S ROYLANCE & ASSO' 1TES~ P.A. Consulting Engineers - ~J'heyors 4619 Emerald St. Su; D-2 BOISE, IDAHO 83706 (208) 336-7390 FAX (208) 336-7391 ,~ ~INE ~~r~Al-J ~,RdSS-NG - MERIDLA~.1, IDA~1~ SHEET NO. ~~ OF CALCULATED BY 1t _ _ DATE CHECKED BY MIS DATE ~ Z~~-- w SCALE ~ "s ~ , 6 rxooucrza-~ sau.l2ost ~rmeal O.bc..rmo~wnaun.toamn vxaEraLrn¢ i-eoo-ma3eo - ~ _<. ROYLANCE & ASSO.~ 1TES, P.A. Consulting Engineers - 9'"~eyors 4619 Emerald St. Su't,_ 0-2 BOISE, IDAHO 83706 (208) 336-7390 FAX (208) 336-7391 .io6 Nl1`~ Mlu~'~'et~ CIZOS51-,,G - ~i:21DIAtJ~ ~DAN~ SHEET NO. ~ r1 OF CALCULATED BY DATE CHECKED BY DATE vwoouct 201~1(Snple SACds12o5~1 ry~deea) Qs bc., 6akn F6a 01171. ToO~dm RIU1ff TOLL FREE t-BOO YlSS18o . ROYLANCE & ASSO~ 1TES, P.A. Consulting Engineers - .°~''eyors 4619 Emerald St. Sup.., D-2 BOISE, IDAHO 83706 (208) 336.7390 FAX (208) 336-7391 roB~ ~ ~'~.E Dw~N UZOssIN~ ` ~t:RIDI/~r,1, IbdNO SHEET NO. ~ OF CALCULATED BY DATE 1 !eA CHECKED BY ~ DATE ~ J Z ~1 roaaicr2a i 1s~so•Klzasi Ivoaeal ®•~.. s/o~oo.wss.oun. moron riahr mu r~ ~-ooo-tzsureo :~ 'r-~ RECEIVED MEMORANDUM To: Wayne Forrey, City of Meridian JAN 2 7 1994 From: Mike Shrewsberry, Roylance & Associates ~; CITY' OF MER1DiAl~ Date: January 26, 1994 Subject: Land use concept around rtit~s Park Subdivision Please allow the accompanying diagram illustrate my personal concepts regarding land use issues in the vicinity of Los Alamitos Park. This is based upon such factors as the pattern of property ownership in this immediate area, the course of the Ridenbaugh Canal, the necessity of a northbound collector status street to be routed along the 1/2 section line, and R-4 density single-family development of land to the north of the site. The configur- ation of the Los Alamitos Park open space allowed us a chance to break-up a large-scale residential development, reserve 3 acres of land for public use, and configure the space large enough to accommodate sports fields (i. e. soccer, football, baseball) on the site. Given the overview of the constraints present in this area, I do not believe that the east boundary location of the cul-de-sac to be particularly onerous to the overall goals of the City and Joint School District # 2. ~IQik~3W ~0 ~t„LI~ ~ss~ L z Ndr ~~ ~~ ~~~ -m L x ~' i ,~... ~~C~~~~~ ~a~ im ~~~ ~ov~r S hee# ~'o: Wayne Forney, AiCP Carnpa~ny: Planning Director, City of Meridian Phone: 888-4433 t#ax: 887-4813 i Frt~~n: Mike Shrewsberry Company: Roylance 8 Associates, P. A. Phtute: 336-738 tax: 336-739'i Date: O'l/25fS4 Pages nctuding #his cover pie: 1 :omm8 De~sfi of future park site for Los Alamitos Park (foinnerfy sagehen Estates). Please review 8~ comment. ~~~ .... ... .. ... _ -.~__._....... _._ ~. F- ~~+ ~_. ____..__~ __ ..._. ~ ~r'1 t- u 2 ~~ F P Q n ~+ CJ . (~ _~ ,~ ~°~ ~; ;=~ ~. ~. i /'\ /~"~ 4550- W. STATE ST. BOISE, IDAHO 83703 (208) 338-9708 .~.. ~ "~,~. f ~ y ~~~' ~;. ~~ t N 7 A January 14, 1994 City of Meridian Attn: Wayne Forrey 33 E. Idaho Meridian, Idaho 83642 V ~la~cl IN~s Wayne Our two subdivisions that have been recently submitted were submitted under the name of Goldsmith ['barter. These should have been submitted under the name of Farwest evelo_pers. This letter is for clarification purposes only. If ,you have any questions please call me at 33$-9708. Thanl~; you, yYy~ Marty Goldsmith ;~-= ~~~ JAMES E BRUCE, President GLENN J 2HODES, Vice President SHERRY R HUBER, Secretary ,~~z ~fy January 11, 1994 TO: WAYNE S. FORREY, AICP MERIDIAN PLANNING & ZONING COMMISSION FROM: LARRY SALE, S ~ SO ACHD DEVELOPME SE SUBJECT: SAGE HEN ESTATES SUBDIVISION PRELIMINARY PLAT REVIEW TRAFFIC STUDY RECOMMENDATIONS The Highway District staff has received and reviewed the traffic impact study for this subdivision and make the following recommendations for conditional approval of the preliminary plat. These comments are being forwarded to the Highway District Commissioners for their consideration and action on January 19, 1994. The traffic study has determined that the existing layout will generate 1,385 vehicle trips per day on Trumpeter Drive, the primary street providing access to the entire project from Locust Grove. This level of traffic will result in permanent complaints about the volume of traffic from the people who will live on Trumpeter from a point about midway of the project all the way out to Locust Grove. The Highway District's goal is to not create any more local residential streets that will carry more than 1,000 trips per day. This goal is supported by the level of complaints that are received by the District about too much traffic. The level of complaints noticeably increases when traffic reaches or exceeds the range of 1,000 trips per day on local streets. The District's policy also requires a collector status roadway or two local streets for access to a project whenever the traffic to be generated by that project is forecast to exceed 1,000 trips per day. This policy therefore requires that the Sage Hen project be redesigned to conform with this policy. The District has evaluated the design of the project with respect to its location within the square mile and to the shape of the property. The designer has done a good job of designing the project to fit the shape of the property and with a minor change, can be altered to meet the future needs of the square while meeting the District's policy. Requiring the redesign of the project to make Trumpeter a collector will be very difficult to comply with given the shape of the property. An alternative design will give the desired result. ada county highway district 318 East 37th Boise, Idaho 83714 • Phone (208) 345-7680 /'r The Highway District recommends approval of a modified preliminary plat which shows the following revisions to the one undergoing review: 1. Redesign the project to show Golden Eye Drive as a collector roadway standard from the north boundary of the project to the intersection with Wetlands Drive. The Highway District will require the extension of Golden Eye Drive northward and westward out to Locust Grove as a collector street as development occurs on that intervening property. This requirement is based on the findings of the traffic study that show the primary traffic desire line is to the north and east from the subdivision. Constructing a collector out to Locust Grove will satisfy this desire line. 2. Redesign the intersection of Trumpeter Drive and Golden Eye Drive to bring Trumpeter into Golden Eye at ninety degrees (a "tee" intersection) to emphasize Golden Eye as the main route out of the project after its extension. Trumpeter can serve as the primary entrance to the project through the build-out. See 3. below. 3. This approval of the preliminary plat of Sage Hen Subdivision is limited to the development of 100 dwelling units only. No additional phases will be approved by the Highway District until a second access out to the arterial system is provided, presumably by the extension of Golden Eye Drive through the adjoining property. 4. Extend a stub street (local) to the north boundary of the project near the east end of the project. FARWEST DEVELOPERS 4550 W. STATE ST. • December 15, 1993 City of Meridian 33 E. Idaho Meridian, Idaho 83642 (208) 338-9708 I~CEIVED DEC :~ a 19y3 Y OF MERIDIAN y~ ~ ~ .i y ~,,'";~ ;~;. _ ~~ i ~ ~ A ` S i ~^\ . y Attention: Mr. Wayne Forrey Dear Mr. '~'oTrre,~ „~''~""''~ '~~^~' It is the intent of Gene Babbitt and Jerry McDermott (Ranchers) to stay out of the City Limits of Meridian, until such time as the currently planned phases # 1 & 2 of Upland Meadow an Sagehen Estates are fully developed, sold, and paid for. There are lot lay-outs for the remainder of these properties. Theses layouts shouldn't be considered•a part of this proposed work. The layouts were done for a feasibility study only and the ultimate use (whether it be for houses, farmin_q, etc. ) will be decided at a later date by the owner. Respectfully, Mart Go dsmith President ne Babbitt r ~- ~~ ,, ~ ~ ~~ ~o '- Jerr McDermo t ;l cc: MG/c77 cc : Gary Smith cc: Roylance and Associates BOISE, IDAHO 83703 • r !'~~ FARWEST DEVELOPS 4550 W. STATE ST. BOISE, IDAHO 83703 • (208) 338-9708 Ny ~~- 1 ~~. i r ~~ t 1t '-; . isi~ December 15, 1993 ~ y ` ~. . ' City of Meridian `~t~~ ~ 33 E. Idaho C~~ ~ ~ ~~~ y Meridian, Idaho 83642 Attention: Mr. Wayne Forrey Dear Mr. Forrey, It is the intent of Gene Babbitt and Jerry McDermott (Ranchers) to stay out of the City Limits of Meridian, until such time as the currently planned phases # 1 & 2 of Upland Meadows and Sagehen Estates are fu11y developed, sold, and paid for. There are lot lay-outs for the remainder of these properties. Theses layouts shouldn't be considered a part of this proposed ~_~-~ The layouts were done for a feasibility study only and the ultimate use (whether it be for houses, farming, etc. J will be decided at a Later date by the owner. Respectfully, Mar y ~ 01 s~-- President cc: MG/_qj cc: Gary Smith cc: Roylance and Associates e ~ HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk RONALD R. TOLSMA (~`~ ITY OF MERIDIA ! a GARYD.SMTHSP.E.CityEngtneer \/ N BERTD CORRE BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T. SHAWCROFT, Waste water supt. 33 EAST IDAHO WAYNE S. FORREY, AICP KENNY W. BOWERS, Fire Chief " " MERIDIAN IDAHO 83642 Planner & Zoning Administrator W.L. BILL GORDON, Police Chief , JIM JOHNSON WAYNE G. GROOKSTON, JR., Attorney Phone (208) 888433 ~ FAX (208) 887-4813 Chairman -Planning 8 Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor FACSIMILE COVER SHEET DATE: ~~~~lr ~~ TIME: ll ~ ~~ ~iy~ DELIVER FAX TO: _ /'T"l_~~ _ ~~~5~ ~~~ TITLE/DEPARTMENT: ~~~~~f~ ~e~,~,~ ~~~ RECEIVING FAX NUMBER: ~~~~ ~~®~ CONFIDENTIAL: YES NO TOTAL NUMBER OF PAGES INCLUDING COVER SHEET: FROM CITY OF MERIDIAN - FAX NUMBER (208) 887-4813 NAME: ~~`l~ ~~~~ TITLE/DEPARTMENT: PHONE NUMBER: ~~~ _ ~~ ~~ COMMENTS: --~~a- ~`.e ~~~~ ~~'l~GI.~~G` 7r'`> ~~"L,' ~~2..~' ~lecc.f~ ~~~~c~ ~C,~~ ~n.~.~.eer a~t~ ~"~.~ve f~.H- 2~ ~'rc_a.lc ~ ~'r~cf-2 f~ r S Cif rec~z`t - -~ ~'t e,U a~C ~'~u~ ~3 PLEASE CALL IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY. /'~ /'~ ~'. i .s+" ORDINANCE NO. ~ ; `-~ j `' `~' { t~ . ~_ AN ORDINANCE OF,.t`•THE CITY OF MERIDIAN ANNEXING AND ZON-ING CERTAIN REAL PROPERTY HICH iS DESCRIBED AS A PARCEL OF LAND BEING A PORTION OF THEE 1/2 N 1/2 SW 1/4 OF SECTION 20, TOWNSHIP 3 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: 1 This parcel is a, portion of the~~1/2N1/2SW 1/4 of Section 20, Township 3 North, Range 1 East of the Boise Meridian and is more particularly described as follows: Commencing at the southwest corner of said ~1/2N1/2SW 1/4; Thence said S Thence Thence Thence South 1/2N1/ North North North 89°49'39" 2SW 1/4 a 41°53'08" 40°44'08" 29°00'08" East along the south boundary of distance of 1272.85 feet; West a distance of 263.20 feet; West a distance of 140.40 feet; West a distance of 182.80 feet; Thence South 89°57'08" East parallel with the north __- boundary of said S1/2N1/2SW 1/4 a distance of 114.38 feet ~~q~~ to the TRUE POINT OF BEGINNING; ~„ 1 ~" ~ rr ~,.,~~ Thence continuing South 89°57'08" East parallel with said ~~ ~,,~' ~~ ~ f ~ north boundary a distance of 1430.52 feet; ~t;: `` ~ t ~~ ~„F ~l~~,~t~~ Thence South 34°42'22" West a distance of 12.00 feet; ' t~ ~~ f ~,.---~ ; ; .~•~ Thence South 3 9 ° 11' 22 " West a distance of 8.41 feet; /`r~~.'a ~;~.. ANNEXATION ORDINANCE - LOS ALAMTTOS Page 1 ~~ r ry,f~ ~ k f ` ~~ Thence. North 89°57'08" West parallel with said north boundary a distance of 1409.28 feet; Thence North 29°00'08" West a distance of 18-. 75 feet to the TRUE POINT OF BEGINNING. is hereby annexed to the City of Meridian, and is zoned R-4 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. Section 2. That the property shall be subject.to de- annexation if the owner shall not meet the following requirements: a. That the Applicant is required to connect to the 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 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, and 11-9-605 M. which pertains to the tiling of ditches and waterways. ANNEXATION ORDINANCE - LOS ALAMITOS Page 2 /'~ e. That these conditions shall run with the land and bind the applicant, the titled owners, and their assigns. f. 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 if Applicant shall fail to meet the above conditions the property shall be subject to de-annexation, which conditions subsequent shall run with land and also be personal to the owner and Applicant. 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 day of April, 1994. APPROVED: MAYOR -- GRANT P. KINGSFORD ATTEST: ANNEXATION ORDINANCE - LOS ALAMITOS Page 3 ~ n WILLIAM G. BERG, JR. -- CITY CLERK STATE OF IDAHO,) ss. County of Ada, ) I, WILLIAM BERG, 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 PORTION OF THE S 1/2 N 1/2 SW 1/4 OF SECTION 20, TOWNSHIP 3 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 April, 1994, as the same appears in my office. • DATED this day of STATE OF IDAHO,) ss. County of Ada, ) 1994. City Clerk, City of Meridian Ada County, Idaho On this th day of April, 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, Tdaho ANNEXATION ORDINANCE - LOS ALAMITOS Page 4 /~ /^ . i` ~Bt 8ido Of S,aCtion 1 lb corner °'° tgoia~a Meridiat~r ,thick $egisa~i~ at the ~~ /P.~-nge 1 Eaa~ra~ the aav~hrMa~bC corner 20 ~ T~Ship 3 North, fact 1/16 cornet is N~Oth 1327.9 -o n point; of asid Section North bb3.7 fso.. M inn4-ng; tha~nce comtinuing feet to tF.o Real Point o~ Bag 89°17' E .794.4 Dint; thanca~ N 89' 17' B 1472, 2 fast to a P Dint; theses N E 140.1 feet to ~ F 40° 22` 30" Dint; thence 3 72° 42' 30,E g 179.9 fast t° a Dint; tivance S ++ W Sb.2 feet to a ? chance S 33° 36' 30 Dint; inning. 89°17' W 1544.9 feet to ° P al Point of $eg thence S 29.46 `. W 232.9 feet tc. ,the '(~ taemCe N - ---- Went aaammen`t for ingreBS and '.ihe abar~e tract contains .Above-deacrit~d SUBJECT. T0. a 30"foot perms of thu e teas along the entirQ Weat aim Toot permanent ®a thee foll.vu~'- S and. together with a 50- property• the entirQ North $idm of ingre~sa and egr®sa along ing deacrihed two trACts: STATE OF IDARO' the west aids of Section I. IN ADA COUNTY, 1/16 ooi•nnr ~ rich geginaing at the ~ Range 1 East, Boise ASeridian, 3 North, feet frO°° the aout:haest corner 20, Township 1/lb corner ion 2Uth 1327.9. o m point; of said Secti North 663.7 fQSt t Dint of beginning; Thence continuing to the reml P °17+ g. 242.8 felt to a point; Thence N• 8g 552.1 feet Dint; Thence N. 89~17~ E • 230.4 feet to a P Dint; Thence S. 29 4b E'' innin8• 89°22' W,, 6b6.S5 feat tO aoint of beg Thence S • ,. 200.3 feet to the ,real P Thence No-th tract conCaine 2.810 acres. The abava demcribed STAB OF ZDAHO: the Weat side of Section 20+ II. IN ADA COU~ thm SW 1/16 corner on Baiae I~.eridian, which. 1/1b $eginning Range 1 Enat, corner of amid Township 3 Nort~i, feet from the SW corner i20.orth 13~~.9 the West sod's of $~ction ~ North 463.7 f'amt alc:ng 'IhencP continuing. flint; steel pin, the r®al point said seNtigg,22'tE.a25.0 feet to e Thence Dint; of baginni$Se22' E. 217.8 feet to ~- P Thence N• feet to s point; Dint;. Thence North 200.3 W•. 217.8 feat to a P be inning. feet to the real point o f 8 Thence Sauth 20020 Thence South acres more or lesa• Conte inin8 j.. .. .t ~ i4. i, /~ /.~ C./~ r raper •1f :~i: ',r.~ r ~,, ~~;~• .~k~, c~M~~ tr.~.i~_~ ~il!~li~{iW~iY~::i~itti:,,u'~- i.i~l~~i3tt :: i ------- . 15 . ~ ,; 15 ' V:~lue P.ecci~ed CLI1~I~~~IiD U. l~~1tiI;I'I'1' f. PI:Iti`:t: L. 1iABBT.'rT, i } . ~ t'or r. ' i ', husband and ~~i £c , 1 j :hl: y;r:ultnr's do hrrrby grant, lrlr•>,•ain, :;cil and cnnvr•y onto , t 1 J'' G1;1`~: A. iiAR13I`I"I' rrr I'IZ1:Dr1 I•;, L. P~:1;I;I'l'''', "~ ~ :~usband ilil(1 wifr_•, ~ til^ ):!'::al•1rS t11C fO::dttln{' d!r°rt•i!)('ri ,Ji'l•Itti;;c'~. In•t':tt: I 1 I ~} i4f~7 •~ r ~,.,,• tl .11~ r, a~.-_ t r~"rr •!~, ;11:1.11 .. .,'i ;' u~i: l~ 'rcl , I ' ; r: l'„ •il,•i: •.~;~, •!t:•.. •• 111:. ti~r• i.? • ,ul~• . 1 ~ ' , .. , ! ' „ . ' nl• rf. iil`. r i , ~ ;1 C,, Iii 'r r ...... t. ~ ll::i tll' 1. 1I:' . .... :i~' .:11'i f, .~ .~ ~ ~i, ,l: i , i rl• 1~! :R :111 .... .'.11 '!'•i:it.~ il; •'r' ' ~' r jl,l 11r,;;Cf,1,I, 1, . ' 1'1:1: , .. . . _ _ _ _. --• --- 1 ! r~r• •r' r!I~ 1 ~t•5 t i ) ' ' ' ' ' ' •I',~'i'i, ..!' II~.11I,t, ~ ~~1'. 1"t' nl: ~i / , , t . ..,~ : . ~ i~; (I I tl,: ,I /~ f I .!; •r __I ,r~ rt ..,: .:!s..'1:. ~r:[ ..a. ti!.~rl !•,:• ~r,~.~t i. ' • .r•, :~ .: r; p':bli- in,-..•i r, . ~:u': , .' . ;...r.. ... , t..rr; e• '~',~ •!u••. . '~ 8658891 ~"` LT?0 24732 QjJ'~CLASM DEED. ~ Gene A. Babbitt, also known as Gene Babbitt and Freda E. L• For Value Reosi Babbitt, also known as Freda Babbitt, .husband and wife do hereby convey. release. renniss and forever Quit elain+ onto Babbitt acid Freda E. L. Babbitt, husband and wife Gene A. 83642 whose curreat sddresa to 2570 Locust Gro~-e Road Meridian, ID the followin>T described premi~+ .wit: RTICN OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 20,•. A PO MORE PARTICULARLY TOWNSHIP 3 NORTH,.RANGE 1 EASE, BOISE-MERIDIAN, DESCRIBED AS FOLLOWS: NNING AT THE SOUTHWEST 1 / 16 CT~BOISE MERIDIAN , SWHICHF 1 / 16 COIL'~ER BEGI GE 1 EAS , 20, TOWNSHIP.3 NORTH, RAN EST CORNER OF SAID SECTION 2 ; IS NORTH ~INUINGE~ FROM THE SOUTHW F SAID SECTION 20 TO A POIr'T; . THENCE CO NORTH 663.7 FEET ALONG THE WEST SIDE POINT OF BEGINNING; THENCE TO A STEEL PIN, THE REAL NORTH 89°17'.EAST 25.0 FEET ET.TO A POINT; THENCE THENCE NORTH 89°17' EAST 217.~ENCE NORTH 200:0 FEET TO A POINT;~ENCE WEST 217.8 FEET TO A POINT; SOUTH 200.0 FEET TO A RE~+L POINT OF BEGINNING. EXCEPT DITCH AND ROAD RIGHTS OF WAY. ~gether with their appu' . . September 25, 198b . Dated: //~~ ~~ j_ /, l ~ ~ ~/ .f~< • G'erite A. Babbitt OF Ada STATE OF SAHO. COUNTyr ~ September 19 86 , Or tkis ifs fn and for raid SLatr. yareonafiy ?,afore mr. a notas7 ?~ ~ Babbitt `~ Gene,~A•..,li•, ,Babbitt J i i •.~, •~ S whose acme 5 are ~o.`in~to me ~O= wi~tl+in it,strtm+esf+ "~••~-~ •eknowledrd to .u_l~~ ~FveN ! %~, /t~ //, naeuted tf,. ran+e. f /~ Freda E.L. B:.bbitt _~~~~ Ada County. Idaho. '~ Re4Ue 1 oyry9t5'~it18 '~ MM ~ M. TIME ` W PATE ~'30~8~ JOHN BAS CORD De~ ~ 2- /'1 WARRANTY DEED FOR VALUE RECEIVED ERIC .C. SCKOFIELD and ALICE M. SCHOFIELD, husband and. wife, ~. the Grantors, do hereby grant, bargain, sell and convey unto GENF. A. BABBITT and FREDA E. L.. BABBITT, husband and wife, the Grantees, whose address is 2570 South Locust Gr.ovc Road, Meridian, Idaho the following described premises, `.o-wit: This parcel is a • .portion of , tof the/ J3toiseS Merid ~an and isn moors Township 3 North,. Range 1 East particularly described as follows: COMMENCING at the. southwest corner of said S1/2N1/2SW1/4J of 5a id Thence` South 89°49'39" East along the south boundary „ S1/2N1/2SW1/4 a distance of 1272.85 feet; Thence North 41°53'08" West a distance of 7.63.20 feet; Thence Borth 40°44'08" West a distance of 140.40 fe^t; Thence North 79°00'08" West a distance of lt3^.80 feet; Thence South 89°57'08" East parallel with the north bourr~{.~:-y o{ said S1/2td1/2SA'1/4 a distance of I14.3B feet. to the Tt?t;E i'!>Jrr'J' nF•' BEGINNING; Thence continuing S of 1430 52, fcet~~~'t pat,zll.cl .W'''ith ~:.>>d narr_h boundary a distance Thence South 34°42'22" West a distance of ~~4oOter~t~I :hence South 39°11'22" West a distanc_ of. 'thence t7orth 89°57'Va" W^st parallel with :.:;iii r~ci:t~.:; ~~orrt~ci.rrY_ '' distance of 1409.28 feet; Thence North 29°00' n8° West a distance of lei . %`~ l cct . to the 'I'J?UJ YOZtiT OF BEGINtlIttG. 0.534 acres, :more, ,~r ]c_,:a:~. This parcel contains TO HAVE AND TO HOLD the said premises, w'th t'r~~ir. a;`purten.~nc~s unto the said Grantees, their heirs and assigns forever. And the said Grantors do hereby covenant to and with the said Gr.~nt.e~s~ that they are the owners in fer_ simple of paid premises; th+-L :-;ilcJ premises arthersarler from all la foul ciaim<a wh.+t_ioev~rWi11. w:irr.int and defend. ' ~- ~ ' `' d y of December I `:9?.'. ~" U1+'I' f: U : ~ ~ a ' i F.RIr C. SCltoi'IF.LU ALIC£•.•M. SCF{OFIEI:.C) ,r ate o: Idaho. County ~~: '{da ~ ~^ On this .~l'~L~ day of ~O!_t/~%/~ -9.~ before mr_, a notary public in and 'o: said State, personally appeared ER:r. C. SCHOFIELD and AL1CE M. SCE{OF:E:.7 known to me to he the persons •ahose names are subscribed '_o the .~ithin instrument, and acknowledged to m~~ that• c cured t ,~ samV. ' / . ' "~ %~//~-' ~ J ~~ i. i • c. -' • i~~OC~ .~ ~, ~ ~ n' ~.~ _„~. ~~..,;-_ ... _.;n• -hits E;:.:'r. ~ .. ORDINANCE NO. AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND BEING A PORTION OF THE S 1/2 N 1/2 SW 1/4 OF SECTION 20, TOWNSHIP 3 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: This parcel is a portion of the S1/2N1/2SW 1/4 of Section 20, Township 3 North, Range 1 East of the Boise Meridian and is more particularly described a~ fellows: Commencing ~ rner of said S1/2N1/2SW 1/4; ~ Thence Sout ~ ng the south boundary of said S1/2N] ~ of 1272.85 feet; Thence Nort listance of 263.20 feet; Thence North 40°44'08" West a istance of 140.40 feet; Thence North 29°00'08" West a distance of 182.80 feet; Thence South 89°57'08" East parallel with the north boundary of said S1/2N1/2SW 1/4 a distance of 114.38 feet to the TRUE POINT OF BEGINNING; Thence continuing South 89°57'08" East parallel with said north boundary a distance of 1430.52 feet; Thence South 34°42'22" West a distance of 12.00 feet; Thence South 39°11'22" West a distance of 8.41 feet; ANNEXATION ORDINANCE - LOS ALAMITOS Page 1 /'~ ~ Thence North 89°57'08" West parallel with said north boundary a distance of 1409.28 feet; Thence North 29°00'08" West a distance of 18.75 feet to the TRUE POINT OF BEGINNING. is hereby annexed to the City of Meridian, and is zoned R-4 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. Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: a. That the Applicant is required to connect to the 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 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, and 11-9-605 M. which pertains to the tiling of ditches and waterways. ANNEXATION ORDINANCE - LOS ALAMITOS Page 2 /'~ e. That these conditions shall run with the land and bind the applicant, the titled owners, and their assigns. f. 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 if Applicant shall fail to meet the above conditions the property shall be subject to de-annexation, which conditions subsequent shall run with land and also be personal to the owner and Applicant. 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 (10j 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 day of April, 1994. APPROVED: MAYOR -- GRANT P. KINGSFORD ATTEST: ANNEXATION ORDINANCE - LOS ALAMITOS Page 3 WILLIAM G. BERG, JR. -- CITY CLERK STATE OF IDAHO,) ss. County of Ada, ) n I, WILLIAM BERG, 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 PORTION OF THE S 1/2 N 1/2 SW 1/4 OF SECTION 20, TOWNSHIP 3 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 April, 1994, as the same appears in my office. DATED this day of STATE OF IDAHO,) ss. County of Ada, ) 1994. City Clerk, City of Meridian Ada County, Idaho On this th day of April, 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 ANNEXATION ORDINANCE - LOS ALAMITOS Page 4 /'~ ORDINANCE NO. AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZON-ING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND BEING A PORTION OF THE S 1/2 N 1/2 SW 1/4 OF SECTION 20, TOWNSHIP 3 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: This parcel is a, portion of the S1/2N1/2SW 1/4 of Section 20, Township 3 North,. Range 1 East of the Boise Meridian and is more particularly described as follows: Commencing at the southwest corner of said S1/2N1/2SW 1/4; Thence South 89°49'39" East along the south boundary of said S1/2N1/2SW 1/4 a distance of 1272.85 feet; Thence North 41°53'08" West a distance of 263.20 feet; Thence North 40°44'08" West a distance of 140.40 feet; Thence North 29°00'08" West a distance of 182.80 feet; Thence South 89°57'08" East parallel with the north boundary of said S1/2N1/2SW 1/4 a distance of 114.38 feet to the TRUE POINT OF BEGINNING; Thence continuing South 89°57'08" East parallel with said north boundary a distance of 1430.52 feet; Thence South 34°42'22" West a distance of 12.00 feet; Thence South 39°11'22" West a distance of 8.41 feet; ANNEXATION ORDINANCE - LOS ALAMITOS Page 1 ,- Thence. North 89°57'08" West parallel with said north boundary a distance of 1409.28 feet; Thence North 29°00'08" West a distance of 18-.75 feet to the TRUE POINT OF BEGINNING. is hereby annexed to the City of Meridian, and is zoned R-4 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. Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: a. That the Applicant is required to connect to the 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 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, and 11-9-605 M. which pertains to the tiling of ditches and waterways. ANNEXATION ORDINANCE - I;OS ALAMITOS Page 2 /'1 /'~ e. That these conditions shall run with the-land and bind the applicant, the titled owners, and their assigns. f. 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 if Applicant shall fail to meet the above conditions the property shall be subject to de-annexation, which conditions subsequent shall run with land and also be personal to the owner and Applicant. 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 fallowing 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 day of April, 1994. APPROVED:' MAYOR -- GRANT P. RINGSFORD ATTEST: ANNEXATION ORDINANCE - LOS ALAMITOS Page 3 WILLIAM G. BERG, JR. -- CITY CLERK STATE OF IDAHO,) ss. County of Ada, ) I, WILLIAM BERG, 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 PORTION OF THE S 1/2 N 1/2 SW 1/4 OF SECTION 20, TOWNSHIP 3 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 April, 1994, as the same appears in my office. DATED this day of , 1994. STATE OF IDAHO,) ss. County of Ada, ) City Clerk, City of Meridian Ada County, Idaho On this th day of April, 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 ANNEXATION ORDINANCE - LOS ALAMITOS Page 4