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Midtown Square PP FP (AKA Cherry Lane Center)A, 10 Meridian City Council August 2, 1994 Page 16 ITEM #8: TABLED AT JULY 19, 1994 MEETING: AMENDED ORDINANCE #607 - MIDTOWN SQUARE: Kingsford: AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS A PORTION OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public that would like Ordinance #607 read in its entirety? Seeing none I would entertain a motion. Yerrington: Mr. Mayor, I make a motion that we (End of Tape) with suspension of the rules. Tolsma: Second Kingsford: Moved by Max, second by Ron to approve amended Ordinance #607 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea MOTION CARRIED: All Yea ITEM #9: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR PRESTON'S ASPEN GROVE ESTATES REQUEST FOR ANNEXATION AND ZONING: PRELIMINARY PLAT FOR PRESTON'S ASPEN GROVE ESTATES: Kingsford: Council members you have had those findings (inaudible). Morrow. Mr. Mayor I would move that we approve the findings of fact and conclusions of law for the Preston's Aspen Grove Estates as written. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve of the findings of fact and conclusions of law for Preston's Aspen Grove Estates, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea MOTION CARRIED: All Yea �s JUSTIN P. AYLswoRTH JULIE KLEIN FIscHER WM. E GIGRAY, III D. SAMUEL JOHNSON WILLIAM A. MORROW CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRUss ERIC S. ROssMAN TODD A. RossMAN R. STEPHEN RUTHERFORD TERRENCE R. WHITE WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW 200 EAST CARLTON AVENUE, SUITE 31 NAMPA OFFICE POST OFFICE BOX 1150 104 NINTH AVENUE SOUTH MERIDIAN, IDAHO 83680-1150 POST OFFICE BOX 247 TEL (208) 288-2499 NAMPA. IDAHO 83653-0247 TEL (208 466-9272 FAX (208) 288-2501 FAX (208)) 466-1405 PLEASE REPLY TO MERIDIAN OFFICE FACSIMILE 1 :�,� -Z—A DATE: ;z�1�7 TI TO: C :�iaC ti COMPANY: FAX #:_ PHONE: FROM: �'�,y�_ White, Peterson, Pruss, Morrow & Gigray Meridian Office PHONE: (208) 288-2499 Confidentialitv Note: The cont fits of this transmission are intend;fl to be seen and used only by the individual to whom it is addressed. If you receive this transmission in error please call our office so that we may arrange to pick up the document and route it to the office it was intended for. You may call collect if long distance: (208) 288-2499. Thank . CIUALL-3 � � �I,�9 U. e ls, Wilk 4ub c?, ? L1 y�j WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JUSTIN P AYLSwoRTH JULIE KLEIN FiSCHER WM. F. GIGRAY, III D. SAMUEL JOHNSON WILLIAM A. MORROW CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN R. STEPHEN RUTHERFORD TERRENCE R. WHITE DATE: 4 TO: r-z� e COMPANY: FAX #: 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208)288-2499 FAX (208) 288-2501 FACSIMILE TRANSMITTAL TIME: NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653-0247 TEL (208)466-9272 FAX (208) 466-4405 PLEASE REPLY TO MERIDIAN OFFICE FROM: / � � White, Peterson, Pruss, Morrow & Gigray Meridian Office PHONE: PHONE: (208) 288-2499 Confidentialitv Note: The contents of this transmission are intended to be seen and used only by the individual to whom it is addressed. If you receive this transmission in error please call our office so that we may arrange to pick up the document and route it to the office it was intended for. You may call collect if long distance: (208) 288-2499. Thanks. ORDINANCE NO.� �L4 ih ltd,' S{-eu�t. Packo rn�d T� AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS A PORTION OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, 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 amend and change the zoning from R-4 Residential to R-8 Residential, for the following described parcel: A parcel of ground located on the Northeast quarter of Section 12, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and is more particularly described as follows: Commencing at the quarter corner common to Section 1 and 12, T.3N., R.1W., thence South 89°51'00" East along the North boundary of said Section 12 and along the centerline of Cherry Lane 534.30 feet to a point; thence South 0°02'00" West departing the North boundary of said Section 12 and the centerline of Cherry Lane 48.40 feet to a point; thence South 29°04'30" East 161.60 feet to a point; thence south 47°39'00" East 157.16 feet to a point, said point being the POINT OF BEGINNING. Thence continuing South 47°39100" East 110.84 feet to a point; thence South 89°51100" East 39.40 feet to a point; thence South 0102'00" West 788.18 feet to a point; thence North 89°42100" West 157.50 feet to a point; thence South 0102100" West 70.00 feet to a point; thence North 89°42100" West 298.08 feet to a point; thence North 18°04'27" West 980.62 feet to a point; thence South 89°51'00" East 639.00 feet to a point, said point being the POINT OF BEGINNING. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the aforementioned real property which is described as follows: Commencing at the quarter corner common to Section 1 and 12, T.3N., R.1W., thence South 89°51'00" East along the North boundary of said Section 12 and along the centerline of Cherry Lane 534.30 feet to a point; thence South 0°02'00" West departing the North boundary of said Section 12 and the centerline of Cherry Lane 48.40 feet to a point; thence South 29°04'30" East 161.60 feet to a point; thence south 47°39100" East 157.16 feet to a point, said point being the POINT OF BEGINNING. Thence continuing South 47°39'00" East 110.84 feet to a point; thence South 89°51100" East 39.40 feet to a point; thence South 0°02'00" West 788.18 feet to a point; thence North 89°42100" West 157.50 feet to a point; thence South 0°02'00" West 70.00 feet to a point; thence North 89°42'00" West 298.08 feet to a point; thence North 18°04127" West 980.62 feet to a point; thence South 89°51100" East 639.00 feet to a point, said point being the POINT OF BEGINNING. be, and the same is rezoned from R-4 Residential to R-8 Residential, and Section 11-2-425, Official Zoning Maps is hereby amended to reflect the same. Section 2. That the Findings of Fact and Conclusions of Law adopted by the City Council on the rezone application for the land described in Section 1 above include terms and conditions for the rezone of the rezone of the above described property and they shall be met. Section 3. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 3 day of , 1993. APPROVED: ATTEST: MAYOR -- GRANT P1 KI CITY CL K -- fA;YYN;E;=0RR� STATE OF IDAHO,) ss. County of Ada, ) I, WAYNE FORREY, 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 AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS A PORTION OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE -MERIDIAN, ADA COUNTY, IDAHO;AND PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No. (o01 , by the City Council and Mayor of the City of Meridian, on the -� day of iA L&L[ 14%� , 1993, as the same appears in my office. DATED this 3 day of okwI�� , 1993. City Clerk, City of Me dian Ada County, Idaho 41 GUN U , : STATE OF IDAHO,) ss. County of Ada, ) On this 3rdday of 1993, before me, the undersigned, a Notary Public in and for said State, personally appeared WAYNE FORREY, 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. s'FRf 00-0 '00-0041l SEAL SEAL ooe®�OT��a ':� 2ary Public or Idaho Residing at Meridian, Idaho U altoO • i O \ \ ®, �+ 1 :353-266 REC0RDIE r i '93 flUG 12 AN' 8 59 cqff CENTRAL DISTRICT 'HLJ k 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. 94-112 March 3, 1994 RECEIVED MAR 1 0 1994DAVID NAVARRO CI 1'Y 0 N-11 ADA COUNTY RECORDER 650 MAIN STREET BOISE ID 83702 RE: MIDTOWN SQUARE SUBDIVISION Dear Mr. Navarro: Central District Health Department, Environmental Health Division has reviewed and do approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given on March 2, 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 Hubble Engineering Steven Ricks TS: cc Serving Valley, Elmore, Boise, and Ada Countias Ada / Boise County Office 707 N. Armstrong PI, WIC Boise - Meridian Elmore County Office Elmore County Office Valley County Office Boise, D. 83704 1606 Roberts 520 E. 8tn Street N. of Environmental Health P.O. Box 1448 rviro. Health 32,' 1499 Boise, !D. 83705 Ph. 334-3355 Mountain Home, ID. 90 S. 4th Street E McCall, ID. 83638 rcmily Planning: 327-7400 324 Meridian. ID. 33647 Ph. 587-4407 Mountc,n Hnme, ID. Ph. 634-7194 ,~munizaticns: 327-7450 83642 Ph °886525 83x41 Ph. 5819225 Nutrmon: 321-7460 A 327'488 02/14/94 12:33 �J 1208 345 7650 JAMES F- BRUCE, President GLENN J. RHODES, Vice President SHERRY R. HUBER, Secretary Mr. Wayne Forrey, AICD Planning Director City of Meridian 33 East Idaho street Meridian, Idaho 83642 Re: GXidtown Square Subdivision ws._rT�S_._ free_.__ ACRD r^� February 14, 1994 I has come to my attention that there may be poplar opinion of the residents in the area of Midtown Square Subdivision that West Fourth Street should not continue through from West maple Avenue to Cherry Lane. ACHD approved the plat of Midtown Square Subdivision with Fourth Street continuing northward from Maple Avenue to Cherry Lane. Midtown Square subdivision is required either to construct half of a 41 foot street section or make a trust fund deposit for future construction. Generally speaking, because the timing of the approval process of subdivision plats, approval at the Highway District does not include a public forum as with the city of Meridian. In keeping with the pubic desire and traffic needs of the City of Meridian, I an requesting any information which you may have from the City Council and public hearings Concerning the connection of West Fourth Street with Cherry Lane. me at 345-7662, should you have any questions. i Adaounty Highway District JDT/'dt ada county highway district 398 East 3711-h - Boise, Idaho 83714 - Phone (208) 345-7680. 46 Q001 Meridian City Council April 19, 1994 Page 38 Torfin: Mr. Mayor and members of the Council, 1 think you have a letter in front of you and I could just restate our proposal and our request. We are proposing to begin to install a pressurized irrigation system for the Danbury Fair project and to retrofit phases 1 and 2 which are sold out essentially. I guess simply stated that is our request or proposal and we are requesting that the City consider refunding previously paid well development fees for those phases. Kingsford: Any questions for Mr. Torfin? Morrow: Mr. Mayor, what procedure do we, I think the request for the refund of the well development fees in views of the retrofit is a fair request. What procedure do we use to get that accomplished? Kingsford: Well I think that Mr. Baker and I discussed, I don't remember who all was in that meeting besides Mr. Torfin, was that we would only refund those upon completion of that retrofit and approval by the irrigation district. And that then will come from our well fee if that is your desire. Council would have the ability to do that it doesn't require anything based on bond Council because it is not a bond issue it would be your decision to make. Morrow: That being the case I would like to move that we refund the well development fees paid by Dennis M. Baker, president of BW, Inc pending completion of the retrofit of phases 1 and 2 of Danbury Fair Subdivision to meet the specifications put for by and acceptance of Nampa Meridian. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve of the return of the well fees paid by Danbury Fair in phase 1 and 2 subject to that system by Nampa Meridian Irrigation District, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Thank you Mr. Baker, it is a real step in the right direction. ITEM #19: STEVE RICKS: MIDTOWN SQUARE SUBDIVISION: Kingsford: Council has a plat, the issue there is the elimination of the 3 limited office lots and renumbering. In as discussion with Mr. Ricks has subsequently been his involvement with Mr. Crookston there is a proposal that will be brought before you. Meridian City Council April 19, 1994 Page 39 Ricks: I don't know exactly what the proposal is in the proper terminology but I submitted to Will a memorandum that I hope each of you received explaining the problem that we had. When we first platted Midtown Square Subdivision out here on Cherry Lane it contained approximately a little less than 3 acres of LO up on Cherry Lane and then the balance of the property, approximately was zoned single family residential, 46 lots. We went through the preliminary and final plat processes, submitted construction drawings and proceeded with development of the subdivision. As we were circulating the draft of the preliminary layout for the limited office space the L0, we ran into a dead end with the Ada County Highway District. ACHD at that point informed us that we would not be permitted to have an additional curb cut on Cherry Lane to access the office park. And ACHD I think even sent a letter to the Mayor or Mr. Forrey or somebody asking for some certification from the City of Meridian that the City of Meridian would not permit any further curb cuts to the LO. So, we had to redesign our office park by eliminating that Cherry Lane curb cut which we had anticipated and accessing the office park off of ,Crestmont which was the entrance street into the subdivision. So, then we presented, we redesigned our office park, actually it doesn't have a public street in it now it is just a parking lot with 4 buildings surrounding it and I have the layout here if you care to look at it. When we presented the final plat which was approved by this Council to ACHD for signature after we obtained some other signatures, ACHD said we cannot sign the final plat because you don't show any access to Lot 2 in the office park. Which lack of access was brought about by ACHD saying you can't have anymore curb cuts on Cherry Lane. So, at that point we were classic catch 22 situation of having you gentleman approve the final plat with the 3 LO lots and other agencies having that approved and then ACHD saying you can't have anymore curb cuts to access that portion of the office park. So, I instructed our engineers to meet with the City of Meridian and they did meet with Mr. Forrey, they discussed the problem, indicating that we need to get signatures but the office park didn't seem to meet the original design that we anticipated and ACHD would not sign. They concluded that the best solution was to draw up off the 3 lots LO off of the Midtown Square subdivision plat because it was going to have to be redesigned anyway and it would not have 3 lots it would just have 1 big parcel and go back and get the City signatures on the plat for just the subdivision and submit the LO plat later on as a phase 2 to the subdivision because it is a separate distinct use anyway. And get the signatures that way, so we did do exactly that and there were 2 changes that resulted from that discussion. One change was that there was one block in the subdivision that that the 13 lots had to be renumbered. There was no change to the lots, instead of carrying lots 4 through 16, they now cant' lots 1 through 13. And then the LO was dropped off the plat for future phase 2 of Midtown Square which would be the LO. We have already designed the LO, designed our buildings. We are in the process of securing tenants as soon as we finish the streets and the subdivision we are going to start developing Meridian City Council April 19, 1994 Page 40 the office park. We have been through design and review proceedings with Wayne an Shari and have received oral approval of the setbacks and various aspects of the design review stage for the office park. However it doesn't show on this plat which is phase 1. So when the plat was presented to Gary Smith for signature as I indicate in my memo to you he correctly noted that it was different from the plat that was approved by this Council. And presumably called that to the Mayor's attention and I met with the Mayor and discussed the best way to skin this cat and still proceed on with the subdivision and the LO. And he suggested that I talk to Mr. Crookston and which I did and I think we concluded that I would need to submit a specific plat for the LO at a later time for approval. Which I am more than happy to do, I asked Will to put it on the agenda and that is where we are today. That is kind of a long way around the barn. Kingsford: Fundamentally, it was a plat that was not what you approved and in meeting with Gary said don't sign it until the Council, has revisited it and it is satisfactory with it because it is not what you originally saw. Nothing has changed except the numbering of those lots and it has omitted the 3 lots with Limited Office at this point. Come: Mr. Mayor, Steve I know we met quite a few times and you have been very upfront with us with everything you have done on this and I appreciate that. And I see no problem with your request I just have one question for the Mayor. I was under the impression the City still had the final say where cuts are going to be put in, is that wrong? Kingsford: That is wrong Ricks: I do have the layout here of the office park and what it shows if the Council would like to review that. Kingsford: Do you wish to look at that now or when that is presented to you? Corrie: When it is presented as far as I am concerned. Kingsford: Any other questions for Mr. Ricks? Entertain a motion. The motion would be to allow the City Engineer and City Clerk to sign the plat, the Mylar omitting the LO lots and the renumbering of the residential lots. Morrow: So moved Corrie: Second n Meridian City Council April 19, 1994 Page 41 Kingsford: Moved by Walt, second by Bob to approve of having the City Engineer and City Clerk sign the plat dropping the LO lots and renumbering the residential lots, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #20: DEPARTMENT REPORTS: Kingsford: Let's go to the Department Reports B, since Mr. Smith has to sit here anyway and deal with the Lease. We have multiple individuals here to no doubt deal with that. Who wants to present that lease issue, Mr. Hamilton? Hamilton: Mr. Mayor and Councilmen, what is in question on the lease 1994 compared to our original lease is that as of December 31, 1994 Ken Hamilton doing business as Ken Hamilton Presentations has no right to renew this particular lease. In 1989 when I originally entered into a first agreement with the Dairy Board and the City Council it was under the understanding that the property would be available to the Dairy Board Association or myself as long as the Speedway was maintained and kept open. This particular lease like it is, if I sign this and for whatever reason would decide not to lease me this property again unfortunately we would have to shut down the Speedway. What I am asking is that we have in this particular portion of it the renewal portion of it something worded in their that I would have, I would be able to re -lease this property. Not saying that it is terminated at the end of 1994. We need to reword it someway that we have access to this property. I am under the understandings from Mr. Tolsma that the City cannot lease the property for more than a 1 year period. That would be fine also if we could get that 1 part rewritten someway. Do you have any suggestions how we might go about that. Kingsford: You are in opposition to the part that says you cannot re -lease that property, is that correct? Hamilton: Right Kingsford: I don't think that is a problem at least as I perceive it. I think the issue and I haven't been directly involved in this, but as I have heard it from Council members is they would like this to go to a year to year lease, is that correct Mr. Tolsma? Tolsma: Yes that is what our parks board did, but then also I think with the City cannot enter into a lease that is longer than what the elected term of the elected officials is, which is 2 years. Be it the elections are next year it means a year plan DATE: �xt "-I " MERIDIAN CITY COUi .L IJ AGENDA ITEM NUMBER_ APPLICANT: _Jtkue 1 1�G REQUEST: AGENCY COMMENTS: MERIDIAN POLICE - MERIDIAN FIRE DEPT. - MERIDIAN CITY ENGINEER - MERIDIAN ATTORNEY - MERIDIAN POST OFFICE - MERIDIAN SCHOOL DISTRICT - MERIDIAN BUILDING DEPT. - ADA COUNTY HIGHWAY DISTRICT - ADA STREET NAME COMMITTEE - CENTRAL DISTRICT HEALTH - NAMPA MERIDIAN IRRIGATION - SETTLERS IRRIGATION - IDAHO POWER - US WEST - INTERMOUNTAIN GAS - BUREAU OF RECLAMATION - MERIDIAN CITY ATTORNEY —Sea rivi8l ' 5 Of Fa4 � CONGIus(cos O� (Aw MERIDIAN PLANNI.NG DIRECTOR - OTHER COMMENTS: LEASE ' �06Ae�N, Ct=`c~R, ��w� "�� =n� On this 23rd day of February, 1991, Paul Pack, herein referred to as Lessor, and Johnnie Sharpton and Linda Sharpton, herein referred to as Lessee, agree as follows: 1. Lessor leases to Lessee those premises described as: 1323 W. 4th, Meridian, Idaho together with the fixtures, barn and adjacent 15 acres. 2. The term of this lease shall be for five gears, commencing on March 11 1991, and ending on February 28, 1996. Any holding over by Lessee with Lessor's consent beyond the term of this lease shall be a month to month tenancy at the rental and upon the applicable terms of this lease. 3. Lessee is to pag rent as follows: $650.00 per mon+|. commencing on the 1st day of March, 1991 and on the 1st day of each month thereafter. 4. Lessee agrees to paU for all of the utilities. 5. Lessee shall keep the premises rented for his exclusive use in good order and condition. Lessor shall maintain the property and pay for repairs not caused by Lessee's negligence or misuse. 6. The owner of the property may at their choice have the right to sell the premises with the stipulation that Lessee be given the first option to purchase said property. 7. The previous Promissory Note made between Lessor and Lessee for the purchase of a John Deere Model #50 Tractor and 'farming implements made on August 6, 1990 is herein made null and void for the purpose of incorporating that purchase in the terms of this lease. Said tractor shall be included in the lease of the premises and at the end of the five years shall become the s�le .Property of the Lessee. G. Either party may te^minate this lease in the event of a violation of any provision of this lease by the other partU. ^ Lessor; ________1.~.~~_________�__+___ Le Lessen BEFORE THE MERIDIAN CITY COUNCIL STEVEN K. RICKS REZONE APPLICATION A PORTION OF THE NE QUARTER OF SECTION 12, T 3 N., R 1 W MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing July 20, 1993 at the hour of 7:30 o'clock p.m., the Petitioner Steven K. Ricks, appearing in person, the City Council of the City of Meridian having duly considered the evidence and the matter, makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Rezone Application was published for two (2) consecutive weeks prior to the said public hearing scheduled for July 20, 1993, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the July 20, 1993, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; 2. That this property is located within the City of Meridian and the record owners are Paul M. Pack and Alice C. Pack; Alice C. Pack has consented to the applications for rezone and preliminary plat; the property is described in the application which description is incorporated herein; that the property is FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 1 1-1 10-11.1 presently zoned R-4 Residential; the area surrounding where Applicant's property is located, is developed as a residential area and the property to the south, east and west is almost entirely developed as R-4 type residences; the property itself has been used agriculturally. 3. The R-4 zone is the zone that was placed on the property at the time that the 1984 Zoning Ordinance was adopted by the City of Meridian; that the zoning of the property prior to 1984 was "A" Residential; that the Applicant proposes to now have the property zoned R-8 Residential; that the Applicant submitted a proposed preliminary plat for the land; according to the preliminary plat and the comments of the Applicant at the City Council hearing, the apparent purpose of the rezone is to allow smaller frontage on the lots and some lots are less than 8,000 square feet. 4. That the subject parcel contains approximately 16.406 acres of land; that the request for rezone is to change the existing R-4 zone to LO (Limited Office) for approximately 2.89 acres abutting Cherry. Lane and to R-8 for 13.5 acres of the balance of the land. 5. That the R-8 District is described in the Zoning Ordinance, 11-2-408 B. 4 as follows: (R-8) MEDIUM DENSITY RESIDENTIAL DISTRICT: The purpose of the (R-8) District is to permit the establishment of single and two (2) family dwellings at a density not exceeding eight (8) dwelling units pre acre. This district delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two ( 2 ) family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal Water FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 2 and Sewer systems of the City of Meridian is required. 6. Even though R-8 zoning is requested, the Applicant lists the density as 3.00 dwelling units per acre on the Application for preliminary plat which was submitted in conjunction with this rezone request. 7. The significant difference between the R-4 and R-8 zoning is in the bulk and coverage requirements of the Zoning Ordinance; the R-8 Zone allows duplexes, 65 feet of street frontage and 6,500 square foot lots whereas the R-4 zone allows only single-family dwellings and requires 80 feet of road frontage and 8,000 square foot lots as a minimum; that the Applicant indicated at the hearing that there would only be single family dwellings even though zoned R-8 and the Applicant so indicated in his application for preliminary plat approval. 8. That the property along West Seventh Street and along West 4th Street, which are properties to the west and east of the subject property, are much older areas and are developed at an R-4 density and most likely under the current R-4 requirements and such is the case with the abutting lots to the south; that the preliminary plat submitted does show lots that are on the average larger than the minimum 6,500 square feet for R-8 lots but the street frontage, on the average, only meets the R-8 requirement; that the Applicant testified the average lot size was 9,000 square feet. 9. That the subject property has been solely used in the past as agricultural ground with no development whatsoever; that FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 3 it basically has been an undeveloped island in the midst of the City. 10. That there was testimony at the Planning and Zoning Commission hearing objecting to the Application; some comments were just opposition, some comments relating to water problems and traffic, a comment relating to assurance that irrigation water would hopefully not be interfered with, and a comment that the person had an option on the land that had not been honored; the testimony at the City Council hearing again objected to the application because the testifier had a lease and option on the land; there was also testimony at the City Council hearing that a park should be included in the development. 11. At the Planning and Zoning Commission hearing the Applicant's engineer, Dan Torfin, indicated that the land would meet the R-8 requirements, that there would be density of 3.6 dwellings units per acre, which is contrary to the Application, and that the house size would be a minimum of 1,350 square feet; also Mr. Torfin stated that there was 47 planned single family lots. The application further requests zoning of (LO) Limited Office for the three lots on the north side of the proposed subdivision. At the City Council hearing the Applicant testified the minimum house size would be 1,650 square feet and values would be $125,000.00 and up; the Applicant further testified there would be no duplexes. 12. That comments were submitted by the City Engineer, Meridian Police Department, Meridian Fire Department, Nampa FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 4 1—� A****N Meridian Irrigation District, Ada County Highway District, Central District Health Department, Idaho Power Company, and the Meridian School District which comments are by this reference incorporated herein as if set forth in full. 13. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicants' property. 2. That the City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and state. 3. That the City of Meridian has authority to place conditions upon granting a zoning amendment. 4. That the City has judged this Application for a zoning amendment upon the basis of guidelines contained in Section 11-2- 416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 5 it can take judicial notice. 5. That 11-2-416 A of the Zoning Ordinance states, in part, as follows: "When the public necessity, convenience, general welfare or zoning and development practice require, the Council may amend, supplement, change, or repeal the regulations, restrictions, and boundaries or classifications of property as well as the regulations and provisions of this Ordinance." 6. That 11-2-416 (K) of the Revised and Compiled Ordinances of the City of Meridian sets forth standards under which the City shall review applications for zoning amendments; that upon a review of those requirements and a review of the facts presented, and conditions of the area, the Planning and Zoning Commission specifically concludes as follows: (a) The R-8 zoning would be harmonious with and in accordance with the Comprehensive Plan since the property is included in the Warrior Neighborhood and no Comprehensive Plan amendment would be required. (b) The area was not intended to be rezoned in the future. (c) The area included in the proposed zoning amendment is intended to be developed in the fashion that would be allowed under the new zoning as the Applicant has submitted a proposed subdivision plat of the entire area and it shows development to meet the requested rezoning of R-8 and Limited Office. (d) There have been recent changes in the area or adjacent area which indicate that the area requested to be rezoned to LO (limited Office) should be so rezoned. These changes have been the rezone of land for a day care facility, the rezone for the office on the corner of Cherry Lane and Crestmont, and the rezone for the dental practice which was established at the corner of Northwest Eighth Street and Cherry Lane. There have been no changes in the area relating to the requested rezone to R-8 Residential but the average lot size of the proposed development is consistent and compatible with the surrounding R-4 zoned land. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 6 (e) That the property, designed in an R-8 fashion and under R-8 requirements and limitations, is designed so as to be harmonious with the surrounding area, which is developed in the R-4 fashion. The R-8 development would be harmonious and consistent with the surrounding R-4 residential development. The portion of the property requested to be rezoned to Limited Office would be harmonious with existing limited office development along Cherry Lane; however, a buffer of some kind must be placed between the residential lots and the limited office zone. (f) The R-8 use and the LO zone and their use would not be hazardous to the existing or future uses of the neighborhood and should not be disturbing to the property owners in the adjacent residential areas if appropriate buffering is put in place. (g) The property would be able to be adequately served with public facilities. (h) The R-8 zone and the LO uses and development would not create excessive additional requirements at public cost for public facilities and services and would not be detrimental to the economic welfare of the community. (i) The R-8 and LO zones and developments should not involve a use detrimental to the existing residential area or the general welfare of the area. (j) Development of the limited office should not cause an increase in vehicular traffic over and above what the traffic increase would be if developed as R-4 since it is presently designed to flow immediately to Cherry Lane and not through the subdivision, however, as noted in the comments of the City Engineer the access must be redesigned in the northwest section of the property which was addressed at the time of the City Council hearing. The development at the R-8 would not significantly increase the traffic over and above what the traffic would be if developed at the existing zoning of R-4. (k) That a rezone would not result in the destruction, loss or damage of any natural or scenic feature of major importance. (1) The proposed zoning amendment to rezone a portion of the land to Limited Office is in the best interest of City of Meridian and the rezone to R-8 from R-4 is also in the best interest of the city. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 7 7. That Section 11-9-605 M., PIPING OF DITCHES, of the Subdivision and Development Ordinance requires piping of ditches, canals and waterways and that ordinance shall be complied with as a condition of development of the limited office, and of development of the residential at either the R-4 or R-8 zone, if there are ditches, canals, or waterways on the property. 8. It is further concluded that, upon development, the comments, recommendations and requirements of the other governmental agencies shall have to be met and complied with as would the ordinances of the City of Meridian. 9. It is specifically concluded that since the owners of record, Paul M. Pack, by his wife and agent, and Alice C. Pack, have consented to the rezonze, since the people objecting to the rezone allegedly based on a lease/option agreement with the owners of record have not filed, or served on the City, any court documents prohibiting City action; and since the lease/option alleged to prohibit City action has not been recorded in Ada County, the City must rely on the documents of record and the lack of a court prohibition or injunction and cannot prohibit action on the rezone application or the subdivision application and must take action thereon under the Zoning and Subdivision Ordinances of the City of Meridian. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 8 ROLL CALL COMMISSIONER CORRIE COMMISSIONER YERRINGTON COMMISSIONER GIESLER COMMISSIONER TOLSMA MAYOR KINGSFORD (TIE BREAKER) VOTEDt'L�J VOTED VOTED VOTED VOTED :t� DECISION The Meridian City Council hereby decides to approve the requested rezone; that as a condition of the rezone the Applicant shall meet the terms and conditions of these findings of fact and conclusions of law, including the represented minimum house size of 1,650 square feet, and that the comments of the City Engineer, the water and sewer ordinances requirements, the fire and life safety codes, the Uniform Building Code, and all other Ordinances of the City of Meridian shall be met and complied with, and the limited office construction shall be subject to design review and only single family dwellings shall be constructed in the R-8 District as indicated at the hearings and all irrigation facilities must be maintained such they continue to deliver water as it was delivered prior to development and if there are irrigation canals, drainages or other means of conveying water, located on the property that they shall be tiled. MOTION: 1� APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 9 MERIDIAN CITY COUNCIL JULY 20, 1993 PAGE 9 Kingsford: Mr. Collins are yon► clear on what we need to have? We will need the application for a variance on the tiling and the documentation from the owner of that property recognizing that he is going to tile it at such time as it is developed. ITEM #5: PUBLIC HEARING: REQUEST FOR REZONE, 13.5 ACRES FROM R- 4 TO R-8 AND 2.89 ACRES FROM R-4 TO LO WITH A PRELIMINARY PLAT KNOWN AS MIDTOWN SQUARE, 46 SINGLE FAMILY BUILDING LOTS AND 3 LIMITED OFFICE LOTS BY STEVEN K. RICKS: Kingsford: At this time I'll open the public hearing. Steve Ricks, 200 N. 4th Street, Boise, was sworn by the attorney. Ricks: This project is on Cherry Lane near the intersection of Cherry Lane and 4th Street. This is what's known as an in -fill project. The frontage of the project on Cherry Lane is approximately 3 acres, we are asking that that be changed from an R-4 zone to an LO zone and then the back 13 acres would be changed from an R-4 zone to an R-8 zone. There are two access points to the subdivision, one off Cherry Lane and another off of 4th Street. The Highway District does not require that 4th Street be completed all the way through to Cherry Lane. There is tip in the top right hand corner of the project a four plea and a Chiropractor's office that are contiguous to 4th Street. (Further explanation on zone changes, road configurations - see tape) No intentions of any duplexes. Minimum house size will be 1650 square feet and the largest being 2340 sq. feet. Minimum price of house and lot would be $125,000.00 and up from there depending on the market.. Addressed Engineer's comments and addressed each - see tape. Discussion on ditches - see tape. Kingsford: Thank you. Anyone else? Linda Sharpton, 1323 W. 4th, was sworn by the attorney. Sharpton: We have a lease on this property which is good until March of 96, that lease includes the first option to buy which was negated when the packs entered into an agreement with Mr. Ricks. We were not aware that they entered into this agreement until we were notified of the May 11th hearing. Prior to that hearing we notified Mr. Rick's so he is aware that we have this lease and we were present here at the meeting on the 11th. /� MERIDIAN CITY COUNCIL JULY 20, 1993 PAGE 10 Sharpton: This is something that my husband and I will take Lip in court. The application that Mr. Ricks has applied for and the rezoning of this property is wrong as long as there is a dispute here. I feel like if you approve this rezoning then I feel like you too become a party to this and civil damages will be brought against the City of Meridian. Kingsford: Has that lease been submitted to the Planning and Zoning Commission? Sharpton: Yes and they wouldn't accept it. Very much opposed to this zoning and doesn't feel Council should address this until civil issues have been settled. Tolsma: Do you have a copy of the lease? Copy of lease handed out. Giesler: Why wouldn't this be accepted at the Planning and Zoning level? Forrey: I think that it was submitted and my recollection is that the Chairman and the Commission felt that it was a matter between the applicant and the Sharpton family and they asked those two parties to work it out. Sharpton: I want you to be aware that there has been no settlement. Forrey: The application submitted to the City indicated that the owners of record were Paul Pack and Alice Pack. We also have a signed certified letter from Alice Pack, Trustee of the Pack Family Trust granting pet -mission to the applicant to go ahead and apply so we proceeded on the basis that the owner of record did authorize the applicant to proceed. Crookston: Has there been any action to terminate the lease? Sharpton: No. Crookston: Have you received any default notices or anything of that nature? Sharpton: Nothing. Crookston: Have you filed a civil action at this juncture? n MERIDIAN CITY COUNCIL JULY 20, 1993 PAGE 11 Sharpton: If they come on my property there will be a restraining order until this is settled. Crookston: Have you discussed this development with Mrs. Pack or the Trustee in regards to your lease? Sharpton: Paul has informed us that we are not to hat -ass his mother, so I have not called her again. Kingsford: Thank you. Anyone else to testify? Helen Watts, 538 W. Washington, was sworn by the attorney. Watts: Would like consideration for a park in this area. Kingsford: Thank you. Anyone else? Crookston: Can you lend any information on this lease situation? Steve Ricks: I became aware of the document that you received tonight after the first notice of hearing for the Planning and Zoning Commission Meeting. Mr. Sharpton called me and said that he rented the ground. I was given a copy of document which you received tonight and I did review it and found that it was not signed by owner of the property. The owner of record is the Paul Pack Family Trust with Paul and Alice Pack as trustees. There are two Paul Packs. There was one in his seventies or eighties and he died last fall. His wife, Alice Pack, is the successor trustee to the family trust. After Mr. Sharpton visited with me after the P & Z meeting in May then I called Mrs. Pack and asked her if she was aware of this paper and she was unaware of that until her son, Paul Pack called her about it. I myself am dealing with the owner of the property and if there is a legal dispute that's going to find its way into civil court I believe that is between the renter and the owner of the property, not me. Kingsford: Which Paul Pack is it that signed your lease? Sharpton: The son. Kingsford: Thank you. Anyone else to testify? Johnnie Sharpton, 1323 W. 4th, was sworn by the attorney. Sharpton: When I got a hold of Mr. Ricks and talked to him, he did assure me that if Pack's wouldn't work with me, he would. I don't really believe it is his place to work with me. MERIDIAN CITY COUNCIL JULY 20, 1993 PAGE 12 Kingsford: Thank you. Anyone else? No response. I will close the public hearing. Crookston: Mr. Forrey you've checked and it is the Pack Family Trust that owns the property? Forrey: I didn't contact Mrs. Pack in California, but the Ada County Property Records show that the Alice Pack Family Trust is the record of owner. Crookston: Who has consented to the rezone? Forrey: Mrs. Pack. Crookston: I think all that the City can do is move forward on the basis of the records that are official. They show that the proper people have consented to this application, there's no court order indicating that we should do anything other than that and I think that's how the City has to proceed. Kingsford: Mr. Ricks, you are aware that the Findings as prepared for Planning and Zoning recommend denial of the R -B zoning. Ricks: Yes, I am aware of that. Explained intent to have a nice project - see tape. Kingsford: He has addressed this evening that the house size will be a minimum of 1650 sq. feet and the houses would begin at $125,000-00. The Motion was made by Corrie and seconded by Yerrington to have amended Findings of Fact and Conclusions of Law prepared for this request. Motion Carried: All Yea: DATE: _a �a3 MERIDIAN CITY COUN6_L AGENDA ITEM NUMBER_ APPLICANT: 56\Q 'Z \ C k AGENCY t .� • ♦ Liza, - Z4, 10 • , � �.,.�.�is-�■.��:�-te COMMENTS: MERIDIAN POLICE �NO MERIDIAN FIRE DEPT. MERIDIAN CITY ENGINEER MERIDIAN ATTORNEY - MERIDIAN POST OFFICE - MERIDIAN SCHOOL DISTRICT MERIDIAN BUILDING DEPT. - co ADA COUNTY HIGHWAY DISTRICT -�Ac� ADA STREET NAME COMMITTEE - CENTRAL DISTRICT HEALTH -�� NAMPA MERIDIAN IRRIGATION SETTLERS IRRIGATION - IDAHO POWER US WEST - INTERMOUNTAIN GAS - BUREAU OF RECLAMATION - MERIDIAN CITY ATTORNEY - �ina��5 �� c� MERIDIAN PLANNING DIRECTOR - OTHER COMMENTS: EQk _Q a O rnr 1 CORPORATE L IMITS CD T t71 i„ t1 T: C17-• CR, V t cftvbROOK cot 4 jj --T nwFIROOK r �f IAN R5, . ....... . ...... AVE 1EMBASSY TORE MOBILE Wi INK- IF - \\,PARK , R 31: AVE r E \ \ 2 7 2 II4 3 T w AVE W ELM 7 12 3 11 a 40 3 (D MAPLE AVENUE MAPLE AVE 2 2 17 20 CAMELLIA AVE 4 RRY NUE �2- 1 -zt I kER-Y I, •2 WASWNGTC;, Q • > R ST ON AVENUE W_A_-�TON • AVENUE 4 elf va FT?os-r WEST - SIDE I I \0 ADD. p L - I RRA IDAHO WENUE I VISCON WE51 • "A t 2 M41tl ml•,�1•' ` •i'l oennru,n AVENUE �—� 3 4 I t \MOB 11 7 P� W, WWW WWI 10. loll 11 It �cuo ��o p IIR In 1111 IF TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, may we have your answer by: TRANSMITTAL DATE: REQUEST: BY: �<. LOCATION OF PROPERTY OR,PRO 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 GARY SMITH, P.E. ENGINEER r MERIDI"AN SCHOOL DISTRICT MERIDIAN POST OFFICE (PREL.& FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA .PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN RR. DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PREL. & FINAL PLAT) U.S. WEST (PREL. & FINAL PLAT) INTERMOUNTAIN GAS (PREL. & FINAL PLAT) BUREAU OF RECLAMATION (PREL. & FINAL PLAT) WAYNE FORREY, AICP, PLANNER CITY ATTORNEY /7/_;00=9?3 CITY FILES OTHER: �'Ii.�a.✓ Few o4 �df/�AJe A P"a b l,e — W : +-I fk iS Sa �`v, s i t�.�1 . -ZT(Vo jCp &)VjC'4F U f L7+-►` S rt•Lf 4 fit �%tJ�4ti A14.,11' to ChZ..j GN to Coot rt 4 r 1 c,sr c L© f W. Lt J Av,w4 �tO 3,t �-f Mea.✓ .� l-a►� Wt W, w. C v< 'e s. S R. 740- 1-.,Q Wt HUB OF TREASURE VALLEY A Good Place to Live COUNCILMEN OFFICIALS WAYNE S. FORCP, City Clerk CITY OF MERIDIAN JANICE GA:o, Treasurer MAX YERRINGTON BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO ROBERT D. CORRIE WAYNE G. CROOKSTON, JR., Attorney JOHN SHAWCROFT, Waste Water Supt. MERIDIAN, IDAHO 83642 Chairman Zoning & Planning KENNY BOWERS, Fire Chief Phone (208) 888-4433 JIM JOHNSON BILL GORDON, Police Chief FAX (208) 887-4813 Centennial Coordinator GARY SMITH, P.E., City Engineer PATSY FEDRIZZI L GRANT P. KINGSFORD Mayor U' TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, may we have your answer by: TRANSMITTAL DATE: REQUEST: BY: �<. LOCATION OF PROPERTY OR,PRO 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 GARY SMITH, P.E. ENGINEER r MERIDI"AN SCHOOL DISTRICT MERIDIAN POST OFFICE (PREL.& FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA .PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN RR. DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PREL. & FINAL PLAT) U.S. WEST (PREL. & FINAL PLAT) INTERMOUNTAIN GAS (PREL. & FINAL PLAT) BUREAU OF RECLAMATION (PREL. & FINAL PLAT) WAYNE FORREY, AICP, PLANNER CITY ATTORNEY /7/_;00=9?3 CITY FILES OTHER: �'Ii.�a.✓ Few o4 �df/�AJe A P"a b l,e — W : +-I fk iS Sa �`v, s i t�.�1 . -ZT(Vo jCp &)VjC'4F U f L7+-►` S rt•Lf 4 fit �%tJ�4ti A14.,11' to ChZ..j GN to Coot rt 4 r 1 c,sr c L© f W. Lt J Av,w4 �tO 3,t �-f Mea.✓ .� l-a►� Wt W, w. C v< 'e s. S R. 740- 1-.,Q Wt TO: MAYOR, COUNCIL, PLAN NG & ZONING FROM: GARY D. SMITH, P.E ' RE: MIDTOWN SQUARE (REZONE REQUEST & PRELIMINARY PLAT) I have reviewed this submittal and have the following comments for your information andor consideration as conditions of the applicant during yciur hearing/decision making process: 1. The ACHD needs to approve aocess from Cherry Lane Rd. to Lot 6. Two Lot 1 shown in Block 3. 7. Drain ditch along the northeast side of subdivision will need to be piped. 8. Method of storm water disposal needs to be addressed with responsibility for maintenance. 9. Applicant needs to provide a statement of development features. 10. Existing zoning of adjacent properties needs to be shown on the vicinity map. HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS COUNCILMEN A S. FORREY, CITY OF MERIDIAN R. A RROBERTGI ICEGASS,T easurCP,CityClerk JANICE GASS, Treasurer J SLERONALD BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO MAX YERRINGTON WAYNE G. CROOKSTON, JR., Attorney ROBERT D. CORRIE JOHN SHAWCROFT, Waste Water Supt. MERIDIAN, IDAHO 83642 Chairman Zoning & Planning KENNY BOWERS, Fire Chief Phone (208) 888-4433 JIM JOHNSON BILL GORDON, Police Chief GARY SMITH, P.E., City Engineer FAX (208) 887-4813 Centennial Coordinator PATSY FEDRIZZI GRANT P. KINGSFORD Mayor MEMORANDUM May 5, 1993 TO: MAYOR, COUNCIL, PLAN NG & ZONING FROM: GARY D. SMITH, P.E ' RE: MIDTOWN SQUARE (REZONE REQUEST & PRELIMINARY PLAT) I have reviewed this submittal and have the following comments for your information andor consideration as conditions of the applicant during yciur hearing/decision making process: 1. The ACHD needs to approve aocess from Cherry Lane Rd. to Lot 6. Two Lot 1 shown in Block 3. 7. Drain ditch along the northeast side of subdivision will need to be piped. 8. Method of storm water disposal needs to be addressed with responsibility for maintenance. 9. Applicant needs to provide a statement of development features. 10. Existing zoning of adjacent properties needs to be shown on the vicinity map. SUPERINTENDENT OF SCHOOLS Bob L. Haley ��R EXCEL! DEPUTY SUPERINTENDENT Dan Mabe, Finance & Administration y DIRECTORS 2 m Jim Carberry, Secondary � Christine Donnell, Personnel Q Darlene Fulwood, Elementary Doug Rutan, Special Services JOINT SCHOOL DISTRICT NO.2 911 MERIDIAN STREET • MERIDIAN, IDAHO 83642 • PHONE(208)888-6701 April 22, 1993 City of Meridian 33 East Idaho Meridian, Idaho 83645 Re: Midtown Square Subdivision Dear Councilmen: I have reviewed the application for Midtown Square 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, L014� Dan Mabe, Deputy Superintendent DM: gr C�'fiC JAMES E. BRUCE, President GLENN J. RHODES, Vice President CHARLES L. WINDER, Secretary TO: Steven K. Ricks 200 N. 4th Street Boise ID 83702 FROM: Larry Sale, Supervisor Development Services May 13, 1993 SUBJECT: MIDTOWN SQUARE SUBDIVISION - PRELIMINARY PLAT On May 12, 1993, the Commissioners of the Ada County Highway District (hereafter called "District") approved 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 o constructin 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 9 Phone (208) 345-7680 May 13, 1993 Page 2 3. Furnish copy of Final Plat showing street names as approved by the Local Government Agency having such authority together with payment of fee charged for the manufacturing and installation of all street signs, as required. 4. If Public Rights -of -Way Trust Fund deposit is required, make deposit to the District in the form of cash or cashier's check for the amount specified by the District. 5. Furnish easements, agreements, and all other datum or documents as required by the District. 6. Furnish Final Plat drawings for District acceptance, certifications, and endorsement. The final plat must contain the signed endorsement of the Owner's and Land Surveyor's certification. 7. Approval of the plat is valid for one year. An extension of one year will be considered by the Commission if requested within 15 -days prior to the expiration date. Please contact me at 345-7680, should you have any questions. S cc: Development Services Chron Hubble Engineering Meridian City Hall JAMES E. BRUCE, President GLENN J. RHODES, Vice Resident CHARLES L. WINDER, Secretary TO: ACHD Commission FROM: Development Services INTER -DEPARTMENT CORRESPONDENCE MID1rOWN/133TECH 3-12-93 DATE: May 10, 1993 SUBJECT: PRELIMINARY PLAT - MIDTOWN SQUARE SUBDIVISION (Developer - Steven K. Ricks, 200 N.4th St., Boise, ID 83702) (Engineer - Hubble Engineering Inc., 9550 Bethel Ct. , Boise, ID 83709) FACTS & FINDINGS: 1. Midtown Square is a 46 -lot single family residential and 3 -lot limited office subdivision on 16.4 acres of property located on the south side of Cherry Lane approximately 300 -feet west of W. 4th Street. W. 4th Street between Cherry Street and Maple Avenue will be connected. The office parcels ( Lots 1, 2 & 3) will take access to Cherry Lane and the proposed street into the project. 2. Cherry Lane currently has 80 -feet of right-of-way and is fully im- proved with a 65 -foot street section. The 2000 Urban Street Functional Street Classification Map designates Cherry Lane as a minor arterial roadway. Staff recommends that the proposed new street intersection (northeast corner of subject parcel) with Cherry Lane not be allowed due to the proximity to neighboring street intersections and the access to the convenience store at the northeast corner of Cherry Lane and Crestmont Street. A street connection further west would be accept- able to staff, preferably opposite Crestmont. 3. It appears that the parcel on the west of this parcel will be effectively landlocked for second access. The narrow frontage on Cherry Lane is blocked off by the dwelling, not allowing street access to Cherry Lane. A stub street from this project could provide secondary access and inter -subdivision communication. 4. The ACHD Capital Improvement Plan shows Cherry Lane as currently operating at Level of Service (LOS) A/B and is projected to operate at LOS A/B in 2010. ada county highway district 318 East 37th 9 Boise, Idaho 83714 - Phone (208) 345-7680 � /'1 PRELIMINARY PLAZ MIDTOWN SQUARE SUBDIVISI_ _d May 10, 1993 Page 2 5. W. 4th Street (south of Cherry Lane) has 30 -feet of right-of-way (west of centerline) and is improved with one-half (curb and 4 -foot sidewalk on the west side) plus 12 -feet of a 36 -foot street section from the inter- section to the south boundary of the parcel at the corner. From there to the south boundary of the second parcel from the intersection is a gravel road in 30 -feet of right-of-way. The 30 -foot wide right-of-way extends south to the right-of-way extending north from Maple Avenue. 6. W. 4th Street (north of Maple Avenue) has 60 -feet of right-of-way abutting the parcel at the northeast corner and is improved with one- half (rolled curb and no sidewalk on the east side) plus 12 -feet of a 41 -foot street section. The proposed preliminary plat shows the street connection to Cherry Lane, but only half width. District policy re- quires a minimum of 24 -feet of paving to go with the curb and sidewalk" - improvements when a street is constructed next to an adjacent parcel. The developer will need to provide for 12 additional feet (east of centerline) of right-of-way width to construct an adequate roadway section, or move the improvements west in the existing right-of-way to provide for the 5 -foot sidewalk and minimum 24 -feet of paving (includ- ing curb and gutter) . 7. The proposed intersection with W. 4th Street needs to be aligned with Maple or offset at least 125 -feet. 8. This application is scheduled for public hearing by the Meridian Plan- ning & Zoning Commission on May 11, 1993. SITE SPECIFIC REQUIREMENTS: 1. Redesign the project so that no lots take direct access to Cherry Lane and the proposed street connection to Cherry Lane is moved to align with Crestmont Drive or eliminate the connection. Align the intersec- tion of W. 4th and Maple or provide at least 125 -feet of offset. 2. Dedicate 20 -feet of right-of-way west of the centerline of W. 4th from Cherry Lane to that part of W. 4th (north of Maple) that has 60 -feet of right-of-way (20 additional feet) . 3. Construct curb, gutter, 5 -foot sidewalk and paving on W. 4th abutting parcel. or contribute the cost thereof to the Public Rights -of -Way Trust Fund. Improvements shall be constructed to one-half (west side) 41 -foot back-to-back street section. Construct 24 -feet of paving (mini- mum) from the existing pavement south of Cherry Lane to the subject parcel boundary or construct a paved turnaround at the north end of the parcel. Obtain and/or dedicate additional right-of-way if necessary. 4. Provide a stub street to the parcel on the west. PRELIMINARY PLAT,;., MIDTOWN SQUARE SUBDIVISI94 May 10, 1993 Page 3 STANDARD REQUIREMENTS: 1. Street and drainage improvements required in the public right-of-way shall be designed and constructed in conformance with District stan- dards and policies. 2. Dedicated streets and :drainage systems shall be designed and construct- ed in conformance with District standards and policies. 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 54-1215. 4. Provide written approval from the appropriate irrigation/ drainage dis- trict authorizing storm runoff into their system. 5. Locate obstructions (utility facilities, irrigation and drainage appur- tenances, etc.) outside of the proposed street improvements. Authoriza- tion for relocations shall be obtained from the appropriate entity. 6. Continue existing irrigation and drainage systems across parcel. 7. Submit three sets of street construction plans to the District for review and appropriate action. 8. Submit site drainage plans and calculations for review and appropriate action by ACRD. The proposed drainage system shall conform to the requirements of Meridian City and shall retain all storm water on-site. Public street drainage facilities shall be located in the public right-of- way or in a drainage easement set aside specifically for that use. There shall be no trees, fences, bushes, sheds, or other valuable amen- ities placed in said easement. Drainage easements and their use restric- tions shall be noted on the plat. 9. Provide design data for proposed access to public streets for review and appropriate action by ACRD. 10. Locate driveway curb cuts a minimum of 5 -feet from the side lot proper- ty lines when the driveways are not being shared with the adjacent property. 11. Developer shall provide the District with a copy of the recorded plat prior to the installation of street name signs. 12. Install a stop sign on every unsignalized approach of a project street to an intersection involving a collector or arterial as the cross -street. The stop sign shall be installed when the project street is first accessi- ble to the motoring public. PRELIMINARY PLAT MIDTOWN SQUARE SUBDIVISI(_4 May 10, 1993 Page 4 13. A right-of-way permit must be obtained from ACHD for all street and utility construction within the public right-of-way. Contact Construc- tion Services at 345-7667 (with zoning file number) for details. 14. A request for modification, variance or waiver of any requirement or Policy outlined herein` 'shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Develop- ment Services section at 345-7662. STAFF SUBMITTING: Larry Sale DATE OF COMMISSION APPROVAL: ,11AY 12 1993 Cs CENTRAL DISTRICT HEALTH DEPARTMENT REVIEW SHEET RECEIVI-:1) MAY 12 1993 Rezone # P' _ R 31 CITY OF MERIDIAN Conditional Use # relimina inal/Short Plat -aw/�J' D eV Return to: ❑ Boise ❑ Eagle ❑ Garden City [l Meridian ❑ Kuna ❑ ACz 0 7. After written approval from appropriate entities are submitted, we can approve this proposal for: ® Central sewage ❑ Community sewage system ❑ Community water well ❑ Interim sewage ® Central water ❑ Individual sewage ❑ Individual water ® 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality: ® Central sewage ❑ Community sewage system El Community water ❑ Sewage dry lines ® Central water © 9. Street runoff is not to create a mosquito breeding probelm. ❑ 10. This department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 11. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 12. We will require plans be submitted for a plan reiew for any: ❑ Food establishment ❑ Swimming pools or spas ❑ Child Care Center ❑ Beverage establishment ❑ Grocery store ❑ 13. DATE: tol`� l Reviewed by: CDHD 10-91 rob ❑ 1. We have no objections to this proposal. ❑ 2. We recommend denial of this proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this proposal. ❑ 4. We will require more data concerning soil conditions on this proposal before we can comment. ❑ 5. Before we can comment concerning individual sewge disposal, we will require more data concerning the depth of ❑ high seasonal ground water ❑ solid lava from original grade ❑ 6. We can approve this proposal for individual sewage disposal to be located above solid lava layers: ❑ 2 feet ❑ 4 feet 0 7. After written approval from appropriate entities are submitted, we can approve this proposal for: ® Central sewage ❑ Community sewage system ❑ Community water well ❑ Interim sewage ® Central water ❑ Individual sewage ❑ Individual water ® 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality: ® Central sewage ❑ Community sewage system El Community water ❑ Sewage dry lines ® Central water © 9. Street runoff is not to create a mosquito breeding probelm. ❑ 10. This department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 11. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 12. We will require plans be submitted for a plan reiew for any: ❑ Food establishment ❑ Swimming pools or spas ❑ Child Care Center ❑ Beverage establishment ❑ Grocery store ❑ 13. DATE: tol`� l Reviewed by: CDHD 10-91 rob 93 Meridian Planning & Zoning 33 'fit Idaho Meridian, Idaho 83642 Re: Rezone with Preliminary Plat Steven K. Ricks Commissioners: 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 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. It is recommended that irrigation water be made available to all developments within Nampa & Meridian Irrigation District. The developer must comply with Idaho Code 31-3805. Bill Henson Foreman pc: District Water Superintendent File - office File - shop APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live J AICES. GASS,TEYs-firer City Clerk CITY OF MERIDIAN JANICE GASS, Treas�irer BRUCE D. STUART, Water Works Supt. WAYNE G: CROOKSTON, JR., Attorney 33 EAST IDAHO JOHN SHAWCROFT, Waste Water Supt. MERIDIAN KENNY BOWERS, Fire Chief , IDAHO 83642 BILL GORDON, Police chief Phone (208) 888-4433 D GARY SMITH, P.E., City Engineer FAX (208) 887-4813 GRANT P. KINGSFORD Mayor MAY i C11.N COUNCILMEN RONALD R. TOLSMA ROBERT GIESLER MAX YERRINGTON ROBERT O. CORRIE Chairman Zoning 3 Planning JIM JOHNSON Centennial Coordinator PATSY FEDRIZZI TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Plannip and Zoning Commission, may we have your answer by: '—t M to V. -Z t1f t _ im&-,/ 6 _. / 4Yi' 2 _ BY: LOCATION OF PROPERTY OR; PROJECT:: We require a permanent 10 -foot wide public utilities easement along all lots adjacent to a road right-of-way dedicated to public or private use. Tim Adams Idaho Power ADC`s 322-2047 S, Vols FIRE DEPARTMENT CITY FILES POLICE DEPARTMENT OTHER: GARY SMITH, P.E. ENGINEER _60 DO n BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION STEVEN K. RICKS REZONE APPLICATION A PORTION OF THE NE QUARTER OF SECTION 12, T 3 N.1 R 1 W MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing May 11, 1993 at the hour of 7:30 o'clock p.m., the Petitioner appearing through Dan Torfin of Hubble Engineers, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter, makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Rezone Application was published for two (2) consecutive weeks prior to the said public hearing scheduled for May 11, 1993, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the May 11, 1993, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; 2. That this property is located within the City of Meridian and is owned by the Applicant and which property is described in the application which description is incorporated herein; that the property is presently zoned R-4 Residential; the FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 1 QQ area surrounding where Applicant's property is located, is developed as a residential area and the property to the south, east and west is almost entirely developed as R-4 type residences; the property itself has been used agriculturally. 3. The R-4 zone is the zone that was placed on the property at the time that the 1984 Zoning Ordinance was adopted by the City of Meridian; that the zoning of the property prior to 1984 was "A" Residential; that the Applicant proposes to now have the property zoned R-8 Residential; that the Applicant submitted a proposed preliminary plat for the land; according to the preliminary plat the apparent purpose of the rezone is to allow smaller frontage on the lots and some lots are less than 8,000 square feet. 4. That the subject parcel contains approximately 16.406 acres of land; that the request for rezone is to change the existing R-4 zone to LO (Limited Office) for approximately 2.89 acres abutting Cherry Lane and to R-8 for 13.5 acres of the balance of the land. 5. That the R-4 District and the R-8 District are described in the Zoning Ordinance, 11-2-408 B. 1 and 2 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 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 and Sewer systems of the City of Meridian. (R-8) MEDIUM DENSITY RESIDENTIAL DISTRICT• The purpose of the (R-8) District is to permit the establishment of FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 2 n single and two (2) family dwellings at a density not exceeding eight (8) dwelling units pre acre. This district delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two ( 2 ) family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal Water and Sewer systems of the City of Meridian is required. 6. Even though R-8 zoning is requested, the Applicant lists the density as 3.00 dwelling units per acre on the Application for preliminary plat which was submitted in conjunction with this rezone request. 7. The significant difference between the R-4 and R-8 zoning is in the bulk and coverage requirements of the Zoning Ordinance; the R-8 Zone allows duplexes, 65 feet of street frontage and 6,500 square foot lots whereas the R-4 zone allows only single-family dwellings and requires 80 feet of road frontage and 8,000 square foot lots as a minimum; that the Applicant's representative indicated at the hearing that there would only be single family dwellings even though zoned R-8 and the Applicant so indicated in his application for preliminary plat approval. 8. That the property along West Seventh Street and along West 4th Street, which are properties to the west and east of the subject property, are much older areas and are developed at an R-4 density and most likely under the current R-4 requirements and such is the case with the abutting lots to the south; that the preliminary plat submitted does show lots that are on the average larger than the minimum 6,500 square feet for R-8 lots but the street frontage, on the average, only meets the R-8 requirement. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 3 9. That the subject property has been solely used in the past as agricultural ground with no development whatsoever; that it basically has been an undeveloped island in the midst of the City. 10. That there was testimony at the hearing objecting to the Application; some comments were just opposition, some comments relating to water problems and traffic, a comment relating to assurance that irrigation water would hopefully not be interfered with, and a comment that the person had an option on the land that had not been honored. 11. That the Applicant's engineer, Dan Torfin, indicated that the land would meet the R-8 requirements, that there would be density of 3.6 dwellings units per acre, which is contrary to the Application, and that the house size would be a minimum of 1,350 square feet; also Mr. Torfin stated that there was 47 planned single family lots. Application further requests zoning of (LO) Limited Office for the three lots on the north side of the proposed subdivision. 12. That comments were submitted by the City Engineer, Meridian Police Department, Meridian Fire Department, Nampa Meridian Irrigation District, Ada County Highway District, and the Meridian School District which comments are by this reference incorporated herein as if set forth in full; that comments may be submitted by the Central District Health Department and other governmental agencies and those comments, and if submitted, shall be incorporated herein as if set forth in herein. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 4 13. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicants' property. 2. That the City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and state. 3. That the City of Meridian has authority to place conditions upon granting a zoning amendment. 4. That the City has judged this Application for a zoning amendment upon the basis of guidelines contained in Section 11-2- 416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial notice. 5. That 11-2-416 A of the Zoning Ordinance states, in part, as follows: "When the public necessity, convenience, general welfare or zoning and development practice require, the Council may FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 5 amend, supplement, change, or repeal the regulations, restrictions, and boundaries or classifications of property as well as the regulations and provisions of this Ordinance." 6. That 11-2-416 (K) of the Revised and Compiled Ordinances of the City of Meridian sets forth standards under which the City shall review applications for zoning amendments; that upon a review of those requirements and a review of the facts presented and conditions of the area, the Planning and Zoning Commission specifically concludes as follows: (a) The R-8 zoning would be harmonious with and in accordance with the Comprehensive Plan since the property is included in the Warrior Neighborhood and no Comprehensive Plan amendment would be required. (b) The area is not intended to be rezoned in the future. (c) The area included in the proposed zoning amendment is intended to be developed in the fashion that would be allowed under the new zoning as the Applicant has submitted a proposed subdivision plat of the entire area and it shows development to meet the requested rezoning of R-8 and Limited Office. (d) There have been recent changes in the area or adjacent area which dictate that the area requested to rezoned to LO (limited Office) should be so rezoned. These changes have been the rezone of land for a day care facility, the rezone for the office on the corner of Cherry Lane and Crestmont, and the rezone for the dental practice which was established at the corner of Northwest Eighth Street and Cherry Lane. There have been no changes in the area relating to the requested rezone to R-8 Residential and most of the surrounding area.is developed in the R-4 fashion. (e) That the property, designed in an R-8 fashion and under R-8 requirements and limitations, is not designed so as to be harmonious with the surrounding area, which is developed in the R-4 fashion. The R-8 development would not be harmonious or consistent with the surrounding R-4 residential development. The portion of the property requested to be rezoned to Limited Office would be harmonious with existing limited office development along Cherry Lane; however, a buffer of some FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 6 kind must be placed between the residential lots, whether they be R-4 or R-8 lots, and the limited office zone. (f) The R-8, or R-4, use and the LO zone and its use would not be hazardous to the existing or future uses of the neighborhood and should not be disturbing to the property owners in the adjacent residential areas if appropriate buffering is put in place. (g) The property would be able to be adequately served with public facilities. (h) The R-8 zone, if granted, and the LO uses and development would not create excessive additional requirements at public cost for public facilities and services and would not be detrimental to the economic welfare of the community. (i) The R-8, if granted, and LO zones and developments should not involve a use detrimental to the existing residential area or the general welfare of the area. (j) Development of the limited office should not cause an increase in vehicular traffic over and above what the traffic increase would be if developed as R-4 since it is presently designed to flow immediately to Cherry Lane and not through the subdivision, however, as noted in the comments of the City Engineer the access must be redesigned in the northwest section of the property. The development at the R-8 would increase the traffic over and above what the traffic would be if developed at the existing zoning of R-4 because there would be more lots on the same size parcel of property. (k) That a rezone would not result in the destruction, loss or damage of any natural or scenic feature of major importance. (1) The proposed zoning amendment to rezone a portion of the land to Limited Office is in the best interest of City of Meridian but the rezone to R-8 from R-4 is not in the best interest of the city. 7. That Section. 11-9-605 M., PIPING OF DITCHES, of the Subdivision and Development Ordinance requires piping of ditches, canals and waterways and that ordinance shall be complied with as a condition of development of the limited office, and of FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 7 development of the residential at either the R-4 or R-8 zone. 8. It is further concluded that, upon development, the comments, recommendations and requirements of the other governmental agencies shall have to be met and complied with as would the ordinances of the City of Meridian. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COMMISSIONER HEPPER VOTED COMMISSIONER ROUNTREE VOTED COMMISSIONER SHEARER VOTED COMMISSIONER ALIDJANI VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that the City Council approve the requested rezone of the land designed to be used for limited office and to deny the rezone for the land designed to be rezoned from R-4 to R-8; that as a condition of the rezones that Y'" the Applicant meet the terms and conditions of these findings of fact and conclusions of law, including the minimum house size of p0 11,35.0.00 square feet, and that the comments of the City Engineer, L6VµnlZ Cwdr"' the water and sewer ordinances requirements, the fire and life �l1 FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 8 safety codes, the Uniform Building Code, and all other Ordinances of the City of Meridian be met and complied with, and the limited office construction shall be subject to design review and only single family dwellings shall be constructed in the R-4 District as indicated at the hearing and all irrigation facilities must be maintained such they continue to deliver water as it was delivered prior to development and if there are irrigation canals, drainages or other means of conveying water, located on the property that they be tiled. MOTION: APPROVED: /V DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 9 yz) C, dc-, 19 RECEIVED JUL 13 B93 Z'-)eOK Cff y ()T. MERIDIAN 07 3 14 , 5 71' k1 15 y 46 e z-1 4-1.5e � -1.5e- �� /L� �� 5 G3YC' /UU �Si�1�jq �� 'I o �-'�� 7: 7:c,l C* e- CT A7, 74e)ral �Scvo%s c(,v e- 61 eo 6 on e- 017 7� C 17/i L A 7z P2 7Z- Cazq /r c/ e, of 71- all b6111dt',q 7Z� 7 /'1 MERIDIAN PLANNING AND ZONING JUNE 8, 1993 PAGE 4 ITEM #5: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE, 13.5 ACRES FROM R-4 TO R-8 AND 2.89 ACRES FROM R-4 TO LO WITH A PRELIMINARY PLAT KNOWN AS MIDTOWN SQUARE, 46 SINGLE FAMILY BUILDING LOTS AND 3 LIMITED OFFICE LOTS BY STEVEN K. RICKS: The Motion was made by Rountree and seconded by Alidjani that the Meridian. Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of Law. Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Yea; Alidjani - Yea; Motion Carried: All Yea: The Motion was made by Rountree and seconded by Alidjani that the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that the City Council approve the requested rezone and allowing this designated to be used for limited office and to deny the rezone for the land designated to be zoned from R-4 to R-8, that as a condition of the rezones the application meet the terms and conditions of these Findings of Facts and Conclusions of Law, including the minimum house size of 1350 square feet and that the comments of the City Engineer, Water and Sewer Ordinance requirements, Fire and Life Safety Codes, Uniform Building Codes and all other Ordinances of the City of Meridian be met and complied with and the limited office construction shall be subject to design review and only single family dwellings shall be constructed in the R-4 district as indicated at the hearing. All irrigation facilities must be maintained such that they continue to deliver water as it is delivered prior to development and if there are irrigation canals, drainages and other means of conveying water located on the property that they be tiled. Motion Carried: All Yea: Hepper: Questioned square footage for R-4 zone. The Motion was made by Hepper and seconded by Rountree to amend the original motion to read 1400 square foot minimum. Motion Carried: All Yea: DATE:_IY1 _ MERIDIAN PLANNING , D ZONING COMMISSION AGENDA ITEM NUMBER 5 APPLICANT: S�'Q w e n A, _R k Cks AGENCY COMMENTS: MERIDIAN POLICE - MERIDIAN FIRE DEPT. - MERIDIAN CITY ENGINEER - MERIDIAN ATTORNEY - MERIDIAN POST OFFICE - MERIDIAN SCHOOL DISTRICT - MERIDIAN BUILDING DEPT. - ADA COUNTY HIGHWAY DISTRICT - ADA STREET NAME COMMITTEE - CENTRAL DISTRICT HEALTH - NAMPA MERIDIAN IRRIGATION - SETTLERS IRRIGATION - IDAHO POWER - US WEST - INTERMOUNTAIN GAS - BUREAU OF RECLAMATION - MERIDIAN CITY ATTORNEY - �cC�R�y, F MERIDIAN PLANNING DIRECTOR - OTHER COMMENTS: (':'!/-,h.},+,ir?f!7 when X11 (ti•.t`. MAY I ! rpn" J} - l 1=r}l-: CF } `Z i .i. _.. ; _ Z!-. : T 1 1 - i 4., _ ^ Y: vV _ _ . _ ! - 1 - - I -: L, _. _ _ gin, ,:a r, _, .. i £' i �. f j, -a i _ 3 G - , : 3 ., ._ _ 'Il F' -i— D u I ' ,RT -,c4 . : G 1 t. L. IJ �-'. c' • .: �t ,j .. ' F. r _ 1� r _• • - - ? V L .� V ,^ .. .. i' • '1 __ P '_+ _ r1b 1 .._ .'.ias .., ad.+E o u- n t r =F am z! e 0 E, �`� P+: Ea r.2 j'_ T ~; - 1, - T„'� �J 0;,, a r f � u � L. C' 4- 1� - ^ f+ L.. 1, ✓' .- T. ; i .: .: . ` ,,lo+ _ -Lr. :_., _ = : Al I , _ a • - �TrRd u;,^,�: rt X17) •f yC r`.C1',�^;+r.-�: ^�'1 LtCCT �-,, Ll 7rtl.,1C — 1 7� _ n. _ —, . _., `ice On t-��.'ry�� [-ODM R—i. Tr, —_ rf ? T1= !-)AC` T t.1 j F..ARi ri` r. �• R!�jf4N :moi` r1127CWh.! C^_r11tP.PE 4t S-T",1GL C}_;!7T1` � 131..T,_D wi4 t ^1':D C 7 S � By c C, n'�u.? ❑ y L. t'� _ , r , - n MERIDIAN PLf4NNING ANC ZT'NING *?AY 11, 119q - PAGE 15 Tor^fin. The pro.-ect before you tcn.ight contains a r^emue=_t for r^econe on a parcel of ground located so}_tt`: of Cherry Lane laying on the West side of 4th Str-eet and an the East =_.3de of the Hunte,^ Late:^al irr=gat ion ditch. We are requesting a rezone fr-om R-4 to _O far app:^o<::,^r._te1y c'.9 acr�el and R residential -C t`e balance of ar:pr^ofcimately 13.5 acres,. There i., an add itiar;al equest of alp,^aval D a pr^e1 .mi r:ar^y plat by the name of Midtown Square S.tbdivision. T!ais pr.•opaled srtbdi._sian contains limited office sites ad. acent to Cherry Lane and the -^e are 4 single family lots, t11e additional lot showed r_tp when we �.d _=+d.;r.tst o+.tr^ access road off of Cherry Lane. The ^esidential will be approx, imat. e1y SE -70 feet in width and 'CO -120 feet deep. :'lost of the 1 of 5 wi 1.1 c_ontaln more than 6500 ;quare feet.. 3 .^equired by the R -S zone requt.rement. One thing that _ went to point out is the,^e is a change from the copy of t`.e prel:mincer ,'; plat that yohave regarding the access road' that _o�mes in aff of Cherry Lane. We have moved it from the easterly bor_tndar^y to the west side and that was brought about by some d sc•-.tss.Dns v:ith. ACHID that better fit other-- roadway alignments an the north side. We are also with this new cad alignment we are stubbing in the street to the adjacent property owner to the west. The se je:^ will be br^ought in. off Cherry Lane and possibly off of 4th St et for the tacit port i on of the lot. We ha�.•e no' prepared final engineering drawings but we have had some discr_tssians with yo%tr City Engineer^. Water tines will be er'tended to sell vsl pro,}pct. A!1 the streets within t: -:is project are putulic and w.1: be b=_ti It to AC:HD Standards. The minimum square fnotage of thE—' dwellings will be I3SO. Are there any questions'' P,ount r-•ee: There' s a parcel to the south that appears to b_ landl ocl ed ar is going t;, be toug~: to access. It's off of W. Washington. T orf in: The map that I have indicates that it has frontage or; West Washington. (Discussion about a=&e :. - see tape) Hepper. W .th one st .tb street tp towar-ds Cherry Lane, you e -t,li gat a ; ,ece DF pt- _JpN1..,y +f:er~e ti-.atanly go} one a=c esz' ' orfir.. He also has a__-ess onta Cher .^y L: -An e 1 _tnLe:-stand that. :Fie zalso _wr:s one _f the lots ar^o...nd the perimeter to tt'- .west of `:i s property. /'1 +1ER I I AIS! '''I q"!N I NG -NC 7nN I i`dG M A ' ' 19'? L PAGE I lie�:p er: In .-'ef�rer.ce to C'rer:^y Lane t!iat' s bas.cal I wt;ere yc+sr 2es_ C': mt� don't see wh e're two accesses within that �'"+.rcicim^:t"' — orfir:: Cave e.•:pianat ion or, accesses - see tape. juhnsc n. Has ACRD seen your rE-vi sed p2=ii.. Tor; --5: YeS they h.-Ive and their staff had no problem with :t. Di. s+c+..sSi:Ms are going to come up about the 'Hunter mat ^' e>al, wh ic!-. - :n it _ _. a small ditch, act+.ial ly it would probably tale an 18" pipe. The ditch i5 1c:cated off the Property ar:d our- intent is to fence .t. We have a tri foot easement from the centerline of the dltc'-i. .Ioh-scn: Thank you,. Anyone else t" tes;;fy'' Edward 3:: ages, -3391 Cherry Avenue, was sworn by t! -:e at t a:"ney. Bauges. . have a cu :ple of concerns. The one conce:-•n _s W. 4th St:^eet. there running Out to Cherry Lan e, tha+' s going t ac^omW :ad_,te a 1 cit ^:ore t affic than, I feel t`-1at th-e are _. eg+_: pped to handle at the moment. Cc7rtce.^nr ab+J'..} iudec t.^dffl_ and overcrowding schools. Gppo=_es project. John=_.on : Thank yu:.r. Anyone else to test i`y7 Larry Sale, Development Service_ St..perviscr for Ada 4oiLr:}. Hi ghway District, 318 E. 37th St., nc . sewas swot .. b th > > e -it t.:rr.e,. Stale : In r-espcnse to the prey. o+.:s gentleman's comments, of ter adv'sing ss'me residents of the area that we were probably going to :"eg.eir^e the e. --;tension of 4th Street o+.at to Cherry Cane, we _har:ged our mind. We are going toallow the termination of 4th Str••eet at the north boundary of thi s property in a p ved tur,-: around as a part of this project and not extend 4th St:"eet on tc Chewy lane at this tame. Ci^oc+!:st or:. Ar"er't thet^e ho.T.c' F, alr^easy a ong 4th St r:?et that ha'r'e to get to C`-ier .^y Lare for the. -or access' n T -- e Hc' t L - r. .:'a.. ho c i :lle i:lt"eS�ri y dii ::=i:�e �!cC'='�._ t., .t}-; �:t:-'�'�;. C r o P. t✓r.. So 4th St: =et will terminate tatiic-all`j what 1 call the ns-r-t:le_ist bc:_:nd_.,^y line. d__ —hat' MERIDIAN ^Lg1'4N ING 'PIND ZONING -s PAGE 17 1Dhnson: Thank you. A^ycnw' e` ;e t to J; i o y-, Dolores Fuller, 457 W. Wast Ingt on, was sworn by the attorney. Y• Fuller: 1 hate to sea t`:s r^e-- cned from an. R-4 to an R–° doubting the n!_rmber of people that can be in the• -e, which a I s o makes for smaller— !-iousinc and many more chi Idren. Th - s a 5 not go. ng to be for ch2:d'^en1 it'5 going tz; be f:.m lies. Concerned about impact or, Schccls. Would like for .t to remain R-4 zone. :ohnsor,. Thark you. An,,ore el ..e to test f;•7, Ron Cl!uff, 1215 W. 4th, was sv:orn by the attorney. Fluff: I have a concern about the traffic coning o=.tt Of ths - southeast corner of that s!.rbdi v; =_ion. It will either ha%, e to go onto Maple Street to W. 2nd or it will have to =ogre scuth on W. r,th. Both t`.ose sere=ts are not very wide_ C.tr irriyat oY; late?^al comes off the Hunter Lateral and is on a nine may rotation and this p7^cperty has f -Dur days of that rcttz:ttjor. What ar^e they going to do ab!o!.;t it right now? Will the ,water remain r^!_rnning in the ditch or what Johnson: Thank you. Anyone else 'FY'Om the ,o,_ibliC' Ror-y Lowe, 1-ES0? W. 4t`;, was .worn by the attorney. Lowe: I lust want to applaud the decision from the A.d.a Co-.:nty Highway District concerning 4th Street. The one question I h a J 'gas regarding my irrigation ac^ess along the ncrt'neast boundarl., line. I still want to remain having access to that i, -riga. ion ditch. Johnson: 7`%ank you. Anyone else:, Johnnie Sharpton, 152: W. 4th, was sworn by the attorney. Sharpton: My concern is where this #23 .s on the bottom is where was tc-ld that house wasn't going to be taker, out b!.:t ac_ord,ng to tte S!... 1ero7^ stakcc, t~!at hoarse 'r4ill be taken ou,t and sc i1I the 1 ot. SecondIy I ha,.!e a 1e_= - =E. ,.ith an option to b!_ty for rive years which wasr:'t h0r:0red by the landlord and so unt.- }hat's settled I would Ise, the L—omm Fsi::;rr is at wast !! 1d off ;,i t h I s. I do have a s i gr,eu c_, y of the I _'ase i t yc,as wU''' 1 : ke t o eE— -t. MERIDIAN PLANNING AND ZONING MAY 11, 1993 GAGE 18 Johnson: I don't think we can get into that. Anyone else to testify? '90 response. Mr. Torfin would YOU address sone or the=,e cnncerns heard. Dan Torfin: The question concerning 4th Street has been answered. We are connecting to existing water mains within the City and we are working :with the City Engineer on that. I've got sore copies of the proposed homes that would be built in this subdivision (Copies passed out to Commission). There was a concern stated about traffic on Maple Street. 1 think the way that this project is designed that for the most part people will >_►se t' -:e access out to Cherry Lane rather,- than meandering through existing older neighborhoods. The Maple extension in this _,ubdivision will provide a good secondary access. It appears that Mr. Lowe's access to irrigation comes off of 4th Street and aur intent is not to disrupt any irrigation water- for anybody in. the area. The last gentleman that testified, he does live in the existing home, and it is within subdivision and I belie --.,e that that will be sold off to t;;e per^san that holds the leas9 agreement with him. Johnson: Do you know anything specific about removal of the home" 'or^fin: No plans to remove the existing home. okay. On the irrigation we do not plan to utili-e the water. We do not plan on di srupt ing your i rri gat i on wat er at al l. Rountree: Have you looked into their decision not to extend 4t`: and asked the question why build half a street and curb, gutter and sidewalk in that vicinity') _r -f We did have that specific discussion last week. I believe the Highway District gave us the option to trust ust fund or bUild those improvements. We've not made a decision eitherr way at this time. Johnson: Than') Yau. Anyone else to testify? 'Vo response. I will close the public hearing. Rountree: In terms of discussion I'd like to see it remain R-4. :Discussion - see tape) The Motion was made by Shearer and seconded by Rountree to have the attorney prepare Findings of Fact a::d Conc1Usian of Law. ",''ot--on Carried: A11 Yea: i DATE:_ I �1q..^ MERIDIAN PLANNING ANI, ZONING COMMISSION AGENDA ITEM NUMBER O APPL I CANT :�+cyen N. Pal /-, C - Ma - eK -5R0Q REQUEST: Pu--Z-one- (Z -I -I {-p za CLrj R4-- LO AGENCY COMMENTS: MERIDIAN POLICE - MERIDIAN FIRE DEPT. - See- A- CkGj. d O.ov"me-A-V% MERIDIAN CITY ENGINEER -5 'A"Q4,K.Qd 00yV\m-U(1+�p MERIDIAN ATTORNEY - MERIDIAN POST OFFICE - MERIDIAN SCHOOL DISTRICT -S(X 4t} 0 6 MERIDIAN BUILDING DEPT. - ADA COUNTY HIGHWAY DISTRICT - ADA STREET NAME COMMITTEE - CENTRAL DISTRICT HEALTH - NAMPA MERIDIAN IRRIGATION -5 C C- �A"PX&a 6 CO Q SETTLERS IRRIGATION - IDAHO POWER - US WEST - INTERMOUNTAIN GAS - BUREAU OF RECLAMATION - MERIDIAN CITY ATTORNEY - MERIDIAN PLANNING DIRECTOR - OTHER COMMENTS:_see_ dubbirn f u sop • �J aa A ll -kit; :a gr Jm, I AbAl 221 HIM it ^ r� T.V. JAMES E. BRUCE, President GLENN J. RHODES, Vice President CHARLES L. WINDER, Secretary TO: Steven K. Ricks 200 N. 4th Street Boise ID 83702 FROM: Larry Sale, Supervisor Development Services RECEIVED MAY 19 1993 CITY OF MERIDIAN May 13, 1993 SUBJECT: MIDTOWN SQUARE SUBDIVISION - PRELIMINARY PLAT On May 12, 1993, the Commissioners of the Ada County Highway District (hereafter called "District") approved 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 w INTER -DEPARTMENT CORRESPONDENCE JAMES E. BRUCE, President GLENN J. RHODES, Vice Resident MIDTOWN/D3T ECH CHARLES L. WINDER, Secretary TO: ACHD Commission DATE: May 10, 1993 FROM: Development Services SUBJECT: PRELIMINARY PLAT - MIDTOWN SQUARE SUBDIVISION ( Developer - Steven K. Ricks, 200 N .4th St., Boise, ID 83702 ) (Engineer - Hubble Engineering Inc., 9550 Bethel Ct., Boise, ID 83709) FACTS & FINDINGS: 1. Midtown Square is a 46 -lot single family residential and 3 -lot limited office subdivision on 16.4 acres of property located on the south side of Cherry Lane approximately 300 -feet west of W. 4th Street. W. 4th Street between Cherry Street and Maple Avenue will be connected. The office parcels (Lots 1, 2 & 3) will take access to Cherry Lane and the proposed street into the project. 2. Cherry Lane currently has 80 -feet of right-of-way and is fully im- proved with a 65 -foot street section. The 2000 Urban Street Functional Street Classification Map designates Cherry Lane as a minor arterial roadway. Staff recommends that the proposed new street intersection (northeast corner of subject parcel) with Cherry Lane not be allowed due to the proximity to neighboring street intersections and the access to the convenience store at the northeast corner of Cherry Lane and Crestmont Street. A street connection further west would be accept- able to staff, preferably opposite Crestmont. 3. It appears that the parcel on the west of this parcel will be effectively landlocked for second access. The narrow frontage on Cherry Lane is blocked off by the dwelling, not allowing street access to Cherry Lane. A stub street from this project could provide secondary access and inter -subdivision communication. 4. The ACHD Capital Improvement Plan shows Cherry Lane as currently operating at Level of Service ( LOS) A / B and is projected to operate at LOS A/B in 2010. ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 PRELIMINARY PLAT May 10, 1993 Page 3 ,'NIDTOWN SQUARE SUBDIVISIO➢'"� STANDARD RE UIREMENTS 1. Street and drainage improvements required in the public right-of-way shall be designed and constructed in conformance with District stan- dards and policies. 2. Dedicated streets and drainage systems shall be designed and construct- ed in conformance with District standards and policies. 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 54-1215. 4. Provide written approval from the appropriate irrigation/ drainage dis- trict authorizing storm runoff into their system. 5. Locate obstructions (utility facilities, irrigation and drainage appur- tenances, etc.) outside of the proposed street improvements. Authoriza- tion for relocations shall be obtained from the appropriate entity. 6. Continue existing irrigation and drainage systems across parcel. 7. Submit three sets of street construction plans to the District for review and appropriate action. 8. Submit site drainage plans and calculations for review and appropriate action by ACRD. The proposed drainage system shall conform to the requirements of Meridian City and shall retain all storm water on-site. Public street drainage facilities shall be located in the public right-of- way or in a drainage easement set aside specifically for that use. There shall be no trees, fences, bushes, sheds, or other valuable amen- ities placed in said easement. Drainage easements and their use restric- tions shall be noted on the plat. 9. Provide design data for proposed access to public streets for review and appropriate action by ACRD. 10. Locate driveway curb cuts a minimum of 5 -feet from the side lot proper- ty lines when the driveways are not being shared with the adjacent property. 11. Developer shall provide the District with a copy of the recorded plat prior to the installation of street name signs. 12. Install a stop sign on every unsignalized approach of a project street to an intersection involving a collector or arterial as the cross -street. The stop sign shall be installed when the project street is first accessi- ble to the motoring public. Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planni g and Zoning Commission, may we have your answer by: .� f.14da 14 M&-4 6n / ge 2 TRANSMITTAL DATE: REQUEST: KQZc-mr dun f BY 5;4�1 "_0L^ Ll<. �. LOCATION OF PROPERTY OR PR 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 GARY SMITH, P. E. ENGINEER HEARING.DAT :,�� l773 Aaft., ^ HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live J A ICE S. GA S. Treasurer urCP, City Clerk JANICE GASS, Treasurer CITY O F MERIDIAN COUNCILMEN BRUCE D. STUART, V7ater Works Supt. RONALD R. TOLSMA ROBERT GIESLER WAYNE G. ,ROOKSTON, JR., Attorney 33 EAST IDAHO MAX YERRINGTON JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS, Fire Chief MERIDIAN, IDAHO 83642 ROBERT D.CORRIE BILL GORDON, Police ChiefPhone 8 (208) 33 Chairman Zoning & Planning GARY SMITH, P.E., City Engineer FAX (208) 887-4817-4813 JIM JOHNSON Centennial Coordinator GRANT P. KINGSFORD PATSY FEDRIZZI Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planni g and Zoning Commission, may we have your answer by: .� f.14da 14 M&-4 6n / ge 2 TRANSMITTAL DATE: REQUEST: KQZc-mr dun f BY 5;4�1 "_0L^ Ll<. �. LOCATION OF PROPERTY OR PR 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 GARY SMITH, P. E. ENGINEER HEARING.DAT :,�� l773 /'1 s i a e 19�0�9�9 I!,9\s U TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian PlanniTAg and Zoning Commission, may we have your answer by: TRANSMITTAL DATE: REQUEST: BY: 5;+;pt,141,11 LOCATION OF PROPERTY OR;PRO 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 GARY SMITH, P.E. ENGINEER HEAR I cxn ;;12 MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PREL.& FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR. DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PREL. & FINAL PLAT) U.S. WEST (PREL. & FINAL PLAT ) INTERMOUNTAIN GAS (PREL. & FINAL PLAT) BUREAU OF RECLAMATION (PREL. & FINAL PLAT) WAYNE FORREY, AICP, PLANNER CITY ATTORNEY CITY FILES OTHER: HUB OF TREASURE VALLEY A Good Place to Lige OFFICIALS City Clerk AICES.FS,Trea CITY OF MERIDIAN COUNCILMEN ONALD R. RROBERTGI SLERA Treasurer JANICE GASS, Treasurer J BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO MAX YERRINGTON ROBERT D. CORRIE WAYNE G. CROOKSTON, JR., Attorney JOHN SHAWCROFT, Waste Water Supt. MERIDIAN, IDAHO 83642 Chairman Zoning & Planning KENNY BOWERS, Fire Chief Phone (208) 888-4433 JIM JOHNSON BILL GORDON, Police Chief GARY SMITH, P.E., City Engineer FAX (208) 887-4813 Centennial Coordinator PATSY FEDRIZZI GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian PlanniTAg and Zoning Commission, may we have your answer by: TRANSMITTAL DATE: REQUEST: BY: 5;+;pt,141,11 LOCATION OF PROPERTY OR;PRO 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 GARY SMITH, P.E. ENGINEER HEAR I cxn ;;12 MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PREL.& FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR. DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PREL. & FINAL PLAT) U.S. WEST (PREL. & FINAL PLAT ) INTERMOUNTAIN GAS (PREL. & FINAL PLAT) BUREAU OF RECLAMATION (PREL. & FINAL PLAT) WAYNE FORREY, AICP, PLANNER CITY ATTORNEY CITY FILES OTHER: URV HUBBLE ENGINEERING, INC. 9550 Bethel Court ■ Boise, Idaho 83709 April 15, 1993 Mr. Wayne Forrey Director of Planning City of Meridian 33 E. Idaho Street Meridian, ID 83642 RE: The Proposed Midtown Square Subdivision Rezone and Preliminary Plat Dear Mr. Forrey: 208/322-8992 ■ Fax 208/378-0329 The attached applications contain requests by Steven K. Ricks for approval of a rezone of a parcel of ground located on the South side of Cherry Lane and lying West of 4th Street. The applicant proposes new zone designations of limited office for approximately 2.9 acres lying adjacent to Cherry Lane, and residential R-8 for approximately 13.5 acres lying adjacent to 4th Street. The property is currently zoned R-4. Additionally, we are requesting approval of the Midtown Square Subdivision preliminary plat. The proposed subdivision contains 46 single family lots. The lots will contain 6500 square feet, with many of them exceeding 6500 square feet. The minimum dwelling square footage will be 1350. All essential services will be extended to serve this development, (i.e. sanitary sewer, domestic water and other utilities). The streets within this project will be public and will be constructed in accordance with the Ada County Highway District Standards. We will be working with the district to obtain approval of the subject preliminary {plat. This development will provide quality office space sites along Cherry Lane and buffer the proposed residential property, as well as existing residential neighborhoods. NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on July 20, 1993, for the purpose of reviewing and considering the Application of Steven K. Ricks, for rezone of a parcel of ground located on the Northeast 1/4, Section 12, Township 3 North, Range 1 West, Boise --Meridian, Ada County, Idaho, containing 13.5 acres form R-4 to R-8 and for a portion from R--4 to LO for the remaining parcel, containing 2.89 acres. The above property is generally located on Cherry Lane West of 4th Street, Meridian, Idaho. Further Applicant requests Preliminary Plat approval of the parcel of land above described for 46 single family dwelling lots with 3 limited office lots. 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 Z_ -y. day of June, WAYNE S. FORREY, CITY CLER 1993. ,-r NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on Tuesday, May 11, 1993, for the purpose of reviewing and considering the Application of STEVEN K. RICKS, for a rezone of a parcel of ground located on the Northeast quarter of Section 12, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, containing 13.5 acres from R-4 to R-8 and for a portion from R-4 to LO for the remaining parcel, containing 2.89 acres. The above property is generally located on Cherry Lane West of 4th Street, Meridian, Idaho. Further, Applicant, Steven K. Ricks, has submitted an Application for a Preliminary Plat of 46 single family building lots with 3 limited office lots, which parcel is described above and the public hearing will also concern that Application. A more particular legal description is on file in the office of the City Clerk of the City of Meridian and is available upon request. A copy of the Application is available upon request. Public comment is welcome and will be taken and heard. DATED this � day of April, 1993. � oqW6��: ci lq!�� WAYNE S. FORREY, AICP CITY CLERK pond "(� Q TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, may we have your answer by: 11M FIhPPLK, M/L 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 GARY SMITH, P.E. ENGINEER UZNIKHL L1=1KIL1 ntHL1n NAMPA MERIDIAN IRR. DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PREL. & FINAL PLAT) U.S. WEST (PREL. & FINAL PLAT) INTERMOUNTAIN GAS (PREL. & FINAL PLAT) BUREAU OF RECLAMATION (PREL. & FINAL PLAT) WAYNE FORREY, AICP, PLANNER CITY ATTORNEY CITY FILES OTHER• HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS COUNCILMEN CITY OF MERIDIAN R. A JAICEGASS,TeasurCP,CityClerk JANICE GaSS, Treasurer ROBERTGI SLERONALD BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO MAX YERRINGTON WAYNE G. CROOKSTON, JR., Attorney ROBERT D. CORRIE JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS, Fire Chief MERIDIAN IDAHO 83 ij '�� E Chairman Zoning& Planning g BILL GORDON, Police Chief Y Phone (208) 885-4433 JIM JOHNSON GARY SMITH, P.E., City Engineer FAX (208) 887-4813 APR 2 i� Centennial Coordinator PATSY FEDRIZZI GRANT P. KINGSFORD Mayor CITY OF MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, may we have your answer by: 11M FIhPPLK, M/L 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 GARY SMITH, P.E. ENGINEER UZNIKHL L1=1KIL1 ntHL1n NAMPA MERIDIAN IRR. DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PREL. & FINAL PLAT) U.S. WEST (PREL. & FINAL PLAT) INTERMOUNTAIN GAS (PREL. & FINAL PLAT) BUREAU OF RECLAMATION (PREL. & FINAL PLAT) WAYNE FORREY, AICP, PLANNER CITY ATTORNEY CITY FILES OTHER• M co to M N rn CERTIFICATE: I hereby certify that the following resolution is a true and exact copy from the Minutes of a meeting of the District's Board of Directors, held 2 October 1990, recorded at Book 56 Pages 187 and 196 through 202 (finalized 16 June 1992). I �� CT--- Daren R. Coon Secretary of the Board NAMPA & MERIDIAN IRRIGATION DISTRICT WHEREAS, the various agencies which are authorized to issue land use change/site development permits have made it known that it is in the best interest of the public that this District amend rules and regulations for development within the boundaries of the District; and WHEREAS, it has been decided that such a cooperative and coordinating arrangement can best be realized through an amended permit system; and WHEREAS, such requirements and requests have created a considerable expense burden to this District for which there is not available revenues; and WHEREAS, a Development or Land Use Change policy was previously set up at a meeting of the District's Board of Directors held 17 March 1980, recorded at Book 36, Pages 65 through 69, of the Minutes of the Board and recorded at Ada County as Instrument 08015309 and recorded at Canyon County as Instrument 0890100; and WHEREAS, a Site Development policy was previously set up at a meeting of the District's Board of Directors held 17 March 1981, recorded at Book 37, Pages 89 through 92, of the Minutes of the Board and recorded at Ada County as Instrument #8115542 and recorded at Canyon County as Instrument #919045; and WHEREAS, it has become necessary to combine and amend these policies. NOW THEREFORE, BE IT RESOLVED, that the are hereby established by this Board as place of the previous policies. following amended policies District policy to take'the {- ,240022 NAMPA & MERIDIAN IRRIGATION G15[tIVI ADA C, U Nf Y, I D. FOR ,,.,,_.. J. DAVID NA'V ARR RECORDER 92 JUN 1: PPi W o Ln C=) _ U w _; t �y `qty ! �. C;tA, >- CV Q r M ci following amended policies District policy to take'the {- ,240022 NAMPA & MERIDIAN IRRIGATION G15[tIVI ADA C, U Nf Y, I D. FOR ,,.,,_.. J. DAVID NA'V ARR RECORDER 92 JUN 1: PPi ,0 /'1 MAPA i XBRIDIAN IRRIGATION DISTRICT Developments or land use changes or site developments which affect irrigation and/or drainage, within the boundaries of Nampa & Meridian Irrigation District must be approved by the District Board of Directors. An application form may be obtained at the District office which will provide necessary preliminary information for District review. General Information A. DRAINAGE: 1. There will be no acceptance of any increased flow in storm run-off, drainage, or any contaminated waters for which the District might be made liable by the Federal and/or State Clean Water Laws. 2. Existing or replacement of on-site drainage or run-off facilities or modification thereto must be perpetually maintained by the site owner or owners. 3. Drainage plans prepared by a registered engineer may be required where deemed necessary by the District even though on-site modifications to the District drainage system are not required in the development plans. 4. If a drainage lateral owned and maintained by the District courses the site, no alterations of the lateral nor encroachment or its right of way shall be permitted without a license agreement. No access to such drain shall be denied to the District. B. IRRIGATION 1. The water rights of this District are not the same throughout the District. Neither are these always the same on one tract of land. Often these can be simplified without changing the Court confirmed status of the rights, if arrangements are made with the Secretary of the District in the advance planning stages. 2. Any irrigation supply lateral or canal which is owned and operated by the District and which may course the site, must not be obstructed nor encroachment made on its rights of way. -1- L• 3. Any alteration from the original delivery point must be approved by the Water Superintendent and transfers to accomplish this alteration must be arranged with the Secretary of the District as part of the system plan acceptance by the Board of Directors. 4. No alteration or enclosure of an irrigation canal or lateral shall be permitted without a license agreement. No access to such canals or laterals shall be denied to the District. 5. If irrigation service is not to be provided to the individual properties, all property owners must be notified that the District tax is an obligation of all lands in the Irrigation District. This notification is in compliance with Idaho Law. 6. No destruction, interference, nor limitation upon water flows which are appurtenant to the property rights of others shall be permitted. 7. If development plans include providing irrigation, operation and maintenance of the system may be undertaken by a Lateral Ditch Water User's Association, in which case the District assumes no responsibility beyond the original point of delivery for the tract. 8. The District cannot provide permission for alteration of waterways belonging to and being a part of the property rights of individual land owners -and to which waters flow from the system of the District. Permission must be granted from each of the property owners having ditch and water rights in the waterway. C. REVIEW AND APPROVAL PROCESS 1. Applicant shall complete and submit the attached application form to the Secretary of the District. Two (2) copies of the proposed plans shall be submitted with the application. 2. Upon approval of the original application, plans and specifications for construction, prepared by a registered engineer, shall be submitted for review to the District. Plans and specifications shall be reviewed by the District Water Superintendent and/or the District's engineers. If acceptable, the developer will be notified. Prior to actual construction an estimate of the cost of construction shall be provided to the District. CPC 4 3. If a license agreement is required to conform to specifications of the District and/or recommendations of its engineers, the Secretary of the District will then make arrangements for an appropriate license agreement for which the licensee shall be liable for payment of attorney fees. 4. The District shall be notified prior to commencement of construction. Inspection by representatives of the District or its engineers will not constitute approval of all or any part of the system and shall in no way relieve the developer or his contractor of the responsibility for providing a sound, workable system. 5. Within ten (10) days after completion of construction the developer's engineer, must certify to the District that the system was installed in accordance with plans and specifications, and furnish as -built drawings to the District. 6. The developer and/or his contractor shall be responsible for the repair of all defects, leaks or failures occurring in the installation for a period of three (3) years after completion of construction. A maintenance and warranty bond in the amount of 10% of the estimated or actual construction cost, whichever is greater, shall be furnished to the District within thirty (30) days after completion of construction. If the owner or his contractor fails to make required repairs or replacements promptly, the District shall make them, and the cost thereof shall be paid by the owner, his contractor or the surety. The Foos required will be: $650.00 7. Attorney fees will be required only where a license agreement is required and these will be payable directly to the law firm of the District's attorney. and, BE IT FURTHER RESOLVED, that the Secretary of the District is hereby ordered to send copies of this resolution to all planning and approval agencies in Ada and Canyon Counties and in the Cities of Boise, Meridian, and Nampa, to the County Commissioners of Ada and Canyon Counties and to the Mayors of Boise, Meridian and Nampa to provide sufficient copies of the policy and application form for the continual administration and use thereof by all interested parties. -3- L /`1 STATE OF IDAHO ) ) ss. County of Canyon ) On this 14th day of June 1992, before me, the undersigned, a Notary Public, in and for said State, personally appeared Daren A. Coon, known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. N . 410 '•.,• OTA$ '; t� •: �% L 1 Notary Public -State of Idaho '' Residing at Caldwell, Idaho ti•.B�' 0� My Commission Expires: 11/04/94 •'•9r8 OF 1�P00..• -4- NAMPA & MERIDIAN IRRIGATION DISTRICT (Reproduction of this form is not acceptable) 1. (Proposed Name of Subdivision or Development) 2. (General Location) 3. (Legal Description - Attach if necessary) 4. (Owner of Record) (Address) 5. (Subdivider or Developer) (Address) LAND USE CHANGE/SITE DEVELOPMENT APPLICATION - Page 1 of 2 /1 s 6. (Engineer) (Address) (Person to Contact) (Phone) 7. Acres ; No. of Lots ; Number of Lots/Gross Acre S. Proposed drainage discharge (Name of Drainage Lateral) 9. Is irrigation water to be provided to property? If yes, answer the following: a) Proposed delivery point (Canal or Lateral) b) Present delivery point for, this land c) Type of system 1) %Yavi 1"v s(Piped or open ditches) 2) Pump pressure (Signature) (Date) (Application must be filed with the Secretary of the District. The appropriate fees and two (2) copies of all plats and drawings must be included with the application.) LAND USE CHANGE/SITE DEVELOPMENT APPLICATION - Page 2 of 2 OFFICIALS WAYNE S. FORREY, AICP, City Clerk JANICE GASS, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS, Fire Chief BILL GORDON, Police Chief GARY SMITH, P.E., City Engineer r•� HUB OF TREASURE VALLEY 1500a 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 & Planning JIM JOHNSON Centennial Coordinator PATSY FEDRIZZI TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian PlanniTAg and Zoning Commission, may we have your answer by: TRANSMITTAL DATE: REQUEST: BY • LOCATION OF PROPERTY OR,P HEARING DAT a4 Lo olao r - C11 -1F t Ali 111Co 7Y� JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P/Z MERIDIAN POST OFFICE (PREL.& FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION 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 GARY SMITH, P. E. ENGINEER CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR. DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PREL. & FINAL PLAT) U.S. WEST (PREL. & FINAL PLAT) INTERMOUNTAIN GAS (PREL. & FINAL PLAT) BUREAU OF RECLAMATION (PREL. & FINAL PLAT) WAYNE FORREY, AICP, PLANNER CITY ATTORNEY CITY FILES OTHER: A-141 Aaft%l Seng at the t corm betweia aeatiaas'I avid I2,��hip �- Aorth, Range 1 gist; themes S 89°51 1 althe north baund=7 of said aeation-12 and along canter line of aaraaty road 5311.3 eet to a point, the real point of begi:ming; thence S 890511 3 along the north bo=dar7 of said section 12 and along said center line 5W.7 fact to appoint; thence S 00021 A 48.h feet to a point in an iw:3,3atioa ditch, thence S 29°0113, 3 along said irrigation, ditch 161.6 feet to a Poi" = thence S tr39' 3 al=g said irrigation. ditch 268.0 teat to a point; thence 3 a�At 3 39.14 feet to a point; theatre S 0002v 7t 748.16 feet to a point; theaice 9 890421 1 157.5 -fast to a point; thence S 0°021 7 70.0 fart to a point; then a it 89042' T 298.08 feet to a point on, baak of irrigation ditch; thence $ 180051 It along bank of said irr nation ditch 1291.50 fart to the real point of 'Oed,"4,g 1 w q 16- WS * acres, and subject to 30 feet of r..;ght of eft al em line farthest east and count7 road right of mw Ll=g line farthest north sad together with all ditch Sad »ester rights and rights at ray thereon or appertaining therato. MIDTOWN SQUARE SUBDIVISION ADJACENT PROPERTY OWNERS Kenneth Kinzel 8975 Goddard Boise, ID 83704 Dr. R. Barry Sams P.O. Box 837 Meridian, ID 83680 Robert Poe 1617 W. 4th Street Meridian, ID 83642 Rory Lowe 1607 W. 4th Meridian, ID 83642 Donald Young 6500 SE 356th Avenue Washougal, WA 98671 Ralph Lacy 1622 W. 7th Street Meridian, ID 83642 Orrin Wright 1612 W. 7th Street Meridian, ID 83642 Leonard McFadden P.O. Box 181 Meridian, ID 83680 Paul Pack 1684 Havenwood Drive Oceanside, CA 92054 John Hansford 1303 W. 4th Street Meridian, ID 83642 Mike Gentry 307 Maple Meridian, ID 83642 Michele Whitmore 315 W. Cherry Avenue Meridian, ID 83642 Willard Rowley 1221 W. 4th Street Meridian, ID 83642 Larry Cluff 4014 N. Canada Road Nampa, ID 83687 Milton Nielsen 420 W. Washington Meridian, ID 83642 C. A. Cherry Family Trust 7585 W. Ustick Road Meridian, ID 83642 C. A. Cherry Family Trust 1926 Leisure Lane Meridian, ID 83642 William Ritter 313 W. Cherry Lane Meridian, ID 83642 Meridian Corporation Church of Jesus Christ Latter Day Saints Real Estate Division 50 E. N. Temple Salt Lake City, UT Larry Meek 1432 W. 4th Street Meridian, ID 83642 Wayne Williamson 11535 W. Hazeldale court Boise, ID 83704 Robert Donahue 1645 W. 7th Street Meridian, ID 83642 Charles McPherson 1625 W. 7th Street Meridian, ID 83642 Gloria Peterson 1617 W. 7th Street Meridian, ID 83642 W. D. Ryan 1603 W. 7th Street Meridian, ID 83642 Kenneth Rasmussen 1600 W. 7th Street Meridian, ID 83642 Frances Wright 1526 W. 7th Street Meridian, ID 83642 Larry Strom c/o John Ward P.O. Box 491 Meridian, ID 83680 Robert Bower 1502 W. 7th Street Meridian, ID 83642 Delores Hergert 608 W. Washington Meridian, ID 83642 Otha Watts 538 W. Washington Meridian, ID 83642 Mary Magum 524 W. Washington Meridian, ID 83642 William Pitman 12876 Lake Lowell Nampa, ID 83686 M. R. Tridle 500 W. Washington Meridian, ID 83642 Delores Ripley 450 W. Washington Meridian, ID 83642 Darrell Irwin 436 W. Washington Meridian, ID 83642 William Finley 1235 W. 4th Street Meridian, ID 83642 James Dodd 1205 W. 4th Street Meridian, ID 83642 R. Scott Gillespie 306 W. Maple Meridian, ID 83642 Steven Johnson 316 W. Maple Meridian, ID 83642 Lorraine Phillips 324 W. Maple Meridian, ID 83642 Lee Stucker 2695 W. Cherry Lane Meridian, ID 83642 Beverly Patterson 315 W. Maple Meridian, ID 83642 Marcus Morgan 323 W. Maple Meridian, ID 83642 John Jantz 4302 Venture Circle Meridian, ID 83642 Terri Fuller 306 Camellia Avenue Meridian, ID 83642 Scott Farmer 314 Camellia Avenue Meridian, ID 83642 Arthur McFadden 316 Camellia Avenue Meridian, ID 83642 Manuel Barroso 330 W. Cherry Avenue Meridian, ID 83642 Ellen Bailey 338 Cherry Avenue Meridian, ID 83642 James Marston 1318 4th Street Meridian, ID 83642 Thomas Martin 5507 Willow Lane Nampa, ID 83687 J. C. Jackson 239 W. Cherry Avenue Meridian, ID 83642 Richard Matuszek 305 W. Cherry Avenue Meridian, ID 83642 Dennis Golightly 313 W. Cherry Avenue Meridian, ID 83642 Charles Holes 331 W. Cherry Avenue Meridian, ID 83642 Edward Baugus 339 W. Cherry Avenue Meridian, ID 83642 Lisa Cox 1230 W. 4th Street Meridian, ID 83642 Michael Farrell 1222 W. 4th Street Meridian, ID 83642 Ethel Carpenter 220 W. Cherry Avenue Meridian, ID 83642 Joyce Orr 236 W. Cherry Avenue Meridian, ID 83642 Agnes Hoff c/o Steven Cady 5120 W. Cherry Avenue Meridian, ID 83642 William Hall 408 W. Cherry Avenue Meridian, ID 83642 Grapevine Mine, Inc. 424 W. Cherry Avenue Meridian, ID 83642 Jerry Mortensen 4045 Green Meadows Meridian, ID 83642 James Richards 1840 Crestmont Coeur d'Alene, ID 83814 John Russell 1910 Crestmont Coeur d'Alene, ID 83814 Richard Davlin 603 Lawndale Meridian, ID 83642 Rebecca Hammons 611 Lawndale Meridian, ID 83642 Mark Pasta 621 Lawndale Meridian, ID 83642 Gerald Phillips 544 W. 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Y F E.�� O Z m W 1 v 9c LU � 3 C } M > c m V W c a Z O (i W ¢ m W H CLcnn H LU a P � LL aL N m L PCo � m V O m F OCN U w _m �-y o m `o E� 7 0' c� a F J X32! N ldalgH n APPLIATION FOR ANNEXATION APPROVAL & ZONING OR REZONE MERIDIAN PLANNING AND ZONING COMMISSION FILING INFORMATION I. GENERAL INFORMATION Midtown Square Subdivision (PROPOSED NAME OF SUBDIVISION) NEI/4 Section 12, T.3N., R.1W., B.M., Ada County, Idaho (GENERAL LOCATION) See Attached Description (two) (LEGAL DESCRIPTION - ATTACH IF LENGTHY) Paul Pack and Alice Pack (OWNER(S) OF RECORD) (NAME) (TELEPHONE NO.) 1684 Havenwood, Oceanside, CA 92054 (ADDRESS) Steven K. Picks 386-9666 (APPLICANT) (NAME) (TELEPHONE NO.) 200 N. 4th Street, Boise, ID 83702 (ADDRESS) HUBBLE ENGINEERING, INC. (Dan Torfin) 322-8992 (ENGINEER, SURVEYOR OR PLANNER) (NAME) (TELEPHONE NO.) 9550 W. Bethel Court, Boise, ID 83709 (ADDRESS) (JURISDICTION(S) REQUIRING APPROVAL) Residential and Limited Office Commercial (TYPE OF SUBDIVISION - RESIDENTIAL, COMMERCIAL, INDUSTRIAL) +50 No ACRES OF LAND IN CONTIGUOUS OWNERSHIP. (ACCEPTED BY:) (FEE) n Mr. Wayne Forrey Meridian City Planning Dept. City of Meridian 33 East Idaho Street Meridian, Idaho 83642 Re: Application of Steven K. Ricks Dear Mr. Forrey: I hereby grant my permission to Steven K. Ricks to Submit an Application for Zone Change, Application for Approval of Preliminary Plat, and other associated requests and applications relating to my property on Cherry Lane and Fourth Street, Meridi , Idaho. f Alice C. Pack Trustee of the Pack Family Trust STATE OF CALIFORNIA ) ss County of ) On this %a" day of April, 1993, before me, the undersigned, a Notary Public in and for said county and state, personally appeared ALICE C. PACK, Trustee of the Pack Family Trust, known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same as Trustee of the Pack Family Trust. IN WITNESS WHEREOF, I have hereunto set my and and affixed my official seal, the day and year io) this certificateAirst above written. Residing at (SEAL) My commission IRMA Y. ENRIQUEZ t- COMM. #983882 > Q = NOTARY PUBLIC - CALIFORNIA to SAN DIEGO COUNTY T"'� My Comm. Expires FEB. 4,1997 t r RECEIVED JUL 0 1 1993 CITY QF MEH1UiAN MIDTOWN PARK OFFICE PARK MIDTOWN SQUARE SUBDIVISION MIDTOWN PARK OFFICE PARK MIDTOWN SQUARE SUBDIVISION Purpose of thi It has been my desire from the beginning of this project to present all the perti- nent information available to Meridian City pLigr to simply submitting formal applica- tions. As the "City Fathers", I felt that you should have the right to give me ideas, con- cepts and desires relative to this project, before formal decisions are made. I did not want to do anything that would not be in harmony with the plans and objectives of the City of Meridian. Accordingly, prior to the Public Hearing before the Mayor and City Council on July 6, 1993, 1 want you gentlemen to be aware of the specific details of this project which are known to me at this time. What follows is a brief recitation of pertinent facts about this project which you should know before making your decisions on July 6, 1993. Chronoloa of EventG February 199' March. 199' Aril. 1993 -' May 11. 1993 June 8. 1993 MIDTOWN PARK (Office Park) MIDTOWN SQ �aRF ivi i n Steven K. Ricks, Developer Earnest Money Agreement to Purchase land executed Preliminary design work; met with Jack Neiman, Jim Johnson, Bob Corrie; discussed concept of office park and subdivision Submitted application and preliminary plat to Meridian City Public hearing of Meridian Planning & Zoning Commission Second hearing of Meridian Planning & Zoning Commission; Announcement of Findings of Fact and Conclusions of Law Public hearing of Meridian City Council MIDTOWN PARK (Office Park) Approximately three (3) acres fronting on Cherry Lane Presently shown as 3 lots (33,394 Sq. Ft.; 54,422 sq. ft; and 25,096 sq. ft.) Preliminary design work indicates approximately 30,000 sq. ft. of office space could be constructed with the required number of parking spaces (1 per 400 feet -- of office space) Entrance to office park will be off Cherry Lane and off subdivision boulevard Office Park will be bermed and landscaped on all exterior sides; will have curbs, sidewalks and all pavement installed at the same time the subdivision is improved. I did not want to leave 3 acres of weeds in front of the subdivision. After the improvements are in place, there will then be 3 large building pads No tenants have been secured, and construction of the single -story office build- ings will await tenants and design/review procedures The buildings will be brick, stone, or stucco combinations of a Class A/B descrip- tion. It is intended that this be a high-end, stylish, office park Our application requests a rezone of this site from R-4 to L-0, in order to accom- modate the proposed office park MIDTOWN SQUARE (Subdivision) Situated immediately to the South of Midtown Park (office park) on approximately 13.5 acres Preliminary Plat reflects a 46 lot layout, a density of 3.4 lots to the acre Boulevard entrance from Cherry Lane and another access off 4th Street and Maple. Maple Street will carry through into the subdivision — Currently zoned R-4; requested -zoning is R-8. Because of the configuration of the subdivision (property), more lots could be obtained if the frontages on the lots were reduced from 80 feet, required in an R-4 zone. However, and this is — important, these are large lots Lot sizes are as follows Lot Block ot Square Foot%g 4 3 11,142 5 3 7,506 — 6 3 8,075 7 3 8,153 8 3 10,862 _ 9 3 16,703 10 3 11,199 11 3 8,160 — 12 3 8,400 13 3 8,160 _ 14 3 8,400 15 3 8,400 16 3 8,423 1 4 9,020 2 4 8,278 _ 3 4 7,604 4 4 7,626 5 4 6,851 ' 6 4 6,701 7 4 6,872 8 4 8,082 9 4 7,486 10 4 7,759 11 4 7,453 12 4 7,856 13 4 8,523 14 4 9,835 _ 15 4 8,298 16 4 7,856 17 4 7,367 1 5 9,781 2 5 9,365 ' 3 5 9,973 4 5 8,926 5 5 8,181 - 6 5 8,640 7 5 8,400 8 5 8,160 - 9 5 8,160 10 5 8,400 - 11 5 8,160 12 5 15,867 13 5 13,812 _ 14 5 11,552 15 5 10,763 16 5 7,650 17 5 11,573 Only 3 lots are less than 7,000 square feet; and only an additional 10 lots are less than 8,000 sq. feet. The rest (33 lots) are all over 8,000 square feet in size -- More importantly, the homes to be constructed will not be $80,000 - $110,000 customarily found in R-8 subdivisions in Meridian Because I want the subdivision to compliment the office park, and vice versa, I have decided to build homes ranging from @ 1,666 square feet to @ 2,340 square feet. The homes will be priced from $125,000 to $175,000 Twelve (12) home design plans have been selected, and a customer will choose one of those designs. A french contemporary style has been chosen, and the theme will be carried throughout the subdivision. In essence, the subdivision will have character, and internal integrity. There will not be a hodge-podge of styles. The Centennial Company, a construction company owned by the developer, plans to build all the homes in the subdivision, therefore the style and quality of construction will be controlled The higher property values usually associated with R-4 subdivisions will be achieved with this R-8 subdivision. In essence, it will be R-8 on paper only; in actuality it will appear as an R-4 subdivision The design of the entrance to the subdivision and a copy of the rendering for each of the twelve (12) home designs to be built in this subdivision are in this booklet The subdivision will be fully fenced, with a landscaped boulevard entrance Because we want this development to be of the highest quality, we are also going to provide pressurized irrigation to each of the lots Also, it has already been predetermined which lots will be permitted to carry 1 - story or 2 -story houses. The overall intent is to provide to Meridian and the resi- dents of this subdivision an architecturally pleasing, stylish place to live It is necessary to have the R-8 zoning in order to have sufficient lots available to finance the development of Midtown Park, the office park on Cherry Lane We would appreciate a favorable response to our application, and hope that we can begin construction as soon as possible after the hearing on July 6, 1993 If you have any questions or suggestions, please call Steven Ricks at 386-9666 A*IN - e - GMWILJ qW Aw �. Iowa y, Y A OR m OMS Iom g'! A� R� "� lei• h MOVE%XIN- � ■■V■■Y►. IN W i.M�_i ICY � rw a1.�' cit .K� � ''M t � �� reii 1 - �� _a ■fes e'� /• Bei ^! r : �e I' G" +,lit � 4 1 A�k.'�' yj��, yra'aruerrreivtmsw®s. mT '� � 'r342 N F— LL. N N n Ir O O J LL F- U) M- , a IS �j �� Nil -4A 1W ti! All, k v ,-A A "PAX �� Nil -4A 1W ti! All, k v ,-A A IF � J-: Lj� LL. a a a N N N �CO to C3)0 � N pp 00 00 _1 J LL. 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N Z .- N SUBDIVISION AND OFFICE PARK CHERRY LANE AND FOURTH STREET MERIDIAN, IDAHO 16 ACRES The subject property fronts on Cherry Lane and Fourth Street in Meridian. It is in the city limits, and is presently zoned R-4. It has sewer, water and power to the site. It is bor- dered on the west by vacant ground. It has housing to the south and east. There is a small ditch which establishes the west property line. Students in this subdivision would walk to ele- mentary school and middle school. Although Meridian High School is further away, it is still within easy walking distance. DEVELOPER: STEVEN K. RICKS MARKETING AGENCY. CHATEAU WEST, INC. PRINCIPAL BUILDER: THE CENTENNIAL COMPANY PHONE: 386-9666 Ar Oro ��- iM1NE�V lu �IiLMIN;Nimllllrin'lioll1�M�2� affesdallsew1ru1_ A1..r OFFICE PARK "- It is proposed that the north portion of the property (250 feet deep from Cherry Lane) be developed into an office park. Presently there is no office park in Meridian that has any vacan- cies, and there is no modern office park in Meridian. The office park would be designed so approximately 33,000 square feet of office space could be accessed with only two entrances. Other office development along Cherry Lane has been the "single building" type, each of which accesses Cherry Lane with a curb cut. A preliminary site plan is shown. As sketched, there is one (1) parking space for every 400 feet of leasable space. It is anticipated that the office park will be leased by many different tenants, who, for their own reasons want to drive west on Fairview in the morning, and east on Fairview at night. In other words, the more secluded, less congested area of Meridian should be very attractive to many potential tenants. Inasmuch as there will be an abundance of landscaping and off- - street parking, we feel it will be a very attractive project. TVO-NpRCHITECT8 F. U. w z 2093434699 *\ P.01 /O. THE SUBDIVISION The subdivision to the south of the office park would consist of approximately 47 lots. It would be accessed from Cherry Lane and Fourth Street. Lots would be a minimum of 6,500 square feet, with almost half the lots being larger. A well-designed entrance would be constructed for the Cherry Lane access. A long curving, landscaped avenue would transport the home -owner past the east side of the office park to the entrance to the subdivision. The west side of this entrance avenue would be bermed and landscaped to separate the avenue from the office park. One entrance to the office park will be off this avenue. The west, south and east and north borders of the subdivision would be fenced as required. Although in the preliminary stages of discussion, it is believed that the subdivision and the office park will be served by fiber-optic cable laid by U.S. West. It is the intent of the devel- oper to have a private cable system constructed for the development and, with fiber-optic cable to each home and office building, advertise this project as a hi -tech development. This development will be unique, for a number of reasons: (1) The developer is also a Real Estate Broker, and will market the subdivision through his own agency; (2) The developer also owns his own general contracting business and will build many of the homes in the subdivision, and the buildings within the office park; (3) The developer, broker, and contractor (all the same person) will control the design and style of each home, so that there is character and "curb appeal" for each home. Several pages of home styles are shown. This is the style we desire to have in this "- subdivision. They would range in size from approximately 1,400 to 2,000 square feet. They would all have roof pitches of 8/12, 10/12 or 12/12. They would all have at least one "round- ed -top" window facing the front. They would all have at least a double garage. We want to market this subdivision to persons interested in hi -tech features in their _ homes, together with classy architectural style. TSA ARCHITECTS " "w {� O�Fi LAS r� 2093434699 P.01 r � HOME STYLES which will NOT be built in the subdivision It OPEN SATURDAY & SUNDAY 1-5 n6 WOODSURY DIM Poptft 4 bcIm *4". SPOCOA WtdM WF'o001 0uftkrxkvQudNv,peat Iwfor 199004ft.013103. M DR. W. Fohiew. & Mokkn ML iM an Wooton. PAPpine Jow I AIREALTY, kr- 32b4M ROAMS WWAWFI 4A I - 2 Bdhk mt/rssR van led a dim pd@L C�Lwsssir4di�Lei,L�ara $84900 Dommummimm4 Let m Ckmw% to 7510 W. himm, DORM10 OB BUWIM IANZUff 38 1 -2W Wat Ist dd6pim Fohriew is"11' Clor $8115w 1720N.1nife 1R -NMO9. DAVE LCfA NWCHARMI Onk7ow311 1 2 Bmb wnmmyhudpw& bdudmkcommdw- Qwkv d 10 1 'V , ELAM= PL= ItON GRM HAWTOPMMUM ft ppdr411N1 3 both theBsiehed Am Pin mm;SwmdfLocmmtGFor% $102.500 leafs 2145CImamaDdow, WBSTB[�! SUB IMEM Homm Grad few 3 hadraar 21ok W499 Billy CIIWWtZ, $102,900 Foh SombeficlimordmicIAoft Al"quift"Ilpiksburchy POND WB ,,.WALDON RANCORP BLDRS 24,900 Frombuft South m clowomme to Pend a 1210 less Dr. OPEN SATURDAY & SUNDAY 1-5 n6 WOODSURY DIM Poptft 4 bcIm *4". SPOCOA WtdM WF'o001 0uftkrxkvQudNv,peat Iwfor 199004ft.013103. M DR. W. Fohiew. & Mokkn ML iM an Wooton. PAPpine Jow I AIREALTY, kr- 32b4M 40 oil'� ••," .•.• "� •, �(I ( ! to #11111 it t ti � Ott } 4 �] � �0 x ,•i• �lfJ m•i'+Q -]ee:•J—r...:i i'-.: W 1 if lit t' h I t i E •• r {t E� r �, i. 1. `i , 'iI'fj i1i t T ataue► NIS 114 1 iC I 't — •t• PER �� {y, � ��f l �1 � • iii i•�r��•y� t i�i•i `.�_ `{ 6 t� i � $�, � h�F �i E' 1I•Ii, rr .� •��{� ¢ 4 • !r f- ` � ' � it r� �!i i)'''•I v � :�� i . t `� v �: . ' �. `tea ♦ \ `oiler MIT- --A ;A , it; 'I lh� 11 �I � � 11 '1•i1n 11 17^I 1� � / k; ,k 1V 'I —_ — ■ Isla -- �� :�� __ '^'• ' •. _ � „ J 611 _ a� �� ..�� J- AOIN /'*., EEIEMS. 514, 1 40 Mal I& I H ERE I N1111-1 _2 z gam, 1ti �; > �: ;—+ _i:z#� �-�=� •-- � � �`I tir:=:'` t=�ioi!� �• �, ':z 13if'lil i'�I{'.;ij!;�1��!�� '�i'� i; �=.1' In1-i,,,�� u.!'►hl+.-.1 �►,I111�[,'t,�,i�� Wt.- �_7.111 *9 �, ,�� i�6• 1.., ��.,i,l �� t r, V, •, �r � 1�, � " I�;izi ti'ii� i'�iriL��+.�i,l``.rrt,l,� 't ,•rSy • +'rr ,y �� i ,`!fie` a.�. 31��' �Miw!Sl1� _ + ,! • • , c � • , Ilr r;l� �j • � �• ', F .� v,�~;-�;� �;-, a �-,`,,art: ,: �{ I,l • ^> ' •�1, 4, �•r 1,• �_ � j't III', +'tr.�� rl.rrt ('if. '. .l{ �`� ' 74 ; ♦ � •� ,�► .r i• ' III `{'��II. 1' CONCERNS OF MERIDIAN Maintain residential areas presently zoned R-4 as R-4. REASONS: (a) Larger lot sizes (8,000 sq. feet vs. 6,500 sq.. feet) allow for larger, more expensive homes; (b) Larger, more expensive homes maintain property tax base; (c) Larger, more expensive homes are usually better cared for by owners and are therefore more appealing to pudic. Aft ` NEEDS OF DEVELOPER Provide quality, architecturally sound housing on smaller lots. REASONS: (a) There are many people seeking smaller lots - less yard maintenance; (b) Exorbitant cost of raw land and development; (c) "Hi -tech" families attracted to "hi -tech" styling; (d) Walking distance to schools - a special feature of this site; (e) Need higher density to support development of office park; _ (f) Well built, architecturally stylish homes maintain value and increase tax base; (g) Highest and best use of Cherry Lane frontage is office park - which will signifi- cantly increase property tax base. REGI_ --ST TO MERIDIAN PLANNING & —JNING AND MERIDIAN CITY COUNCIL (1) Allow R-8 density of subdivision instead of R-4, with guarantees from develop- er/broker/builder on style and quality of homes; (2) Allow L.O zoning on 250 feet of frontage on Cherry Lane for development of office park A, Meridian City Council August 2, 1994 Page 16 ITEM #8: TABLED AT JULY 19, 1994 MEETING: AMENDED ORDINANCE #607 - MIDTOWN SQUARE: Kingsford: AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS A PORTION OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public that would like Ordinance #607 read in its entirety? Seeing none I would entertain a motion. Yerrington: Mr. Mayor, I make a motion that we (End of Tape) with suspension of the rules. Tolsma: Second Kingsford: Moved by Max, second by Ron to approve amended Ordinance #607 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea MOTION CARRIED: All Yea ITEM #9: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR PRESTON'S ASPEN GROVE ESTATES REQUEST FOR ANNEXATION AND ZONING: PRELIMINARY PLAT FOR PRESTON'S ASPEN GROVE ESTATES: Kingsford: Council members you have had those findings (inaudible). Morrow. Mr. Mayor I would move that we approve the findings of fact and conclusions of law for the Preston's Aspen Grove Estates as written. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve of the findings of fact and conclusions of law for Preston's Aspen Grove Estates, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea MOTION CARRIED: All Yea WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAw JUSTIN P. AYLSwORTH 200 EAST CARLTON AVENUE, SUITE 31 NAMPA OFFICE JULIE KLEIN FIScHER POST OFFICE BOX 1150 104 NINTH AVENUE SOUTH WM. F. GIORAY, III MERIDIAN, IDAHO 83680-1150 POST OFFICE BOX 247 D. SAMUEL JOHNSON TEL (208) 288-2499 `TAMPA. IDAHO 83653-0247 WILLIAM A. MORROW FAX (208) 288-2501 TEL (208) 466-9272 FAX (208) 466.4405 CHRISTOPHER S. NYE PHILIP A. PETERSON PLEASE REPLY TO STEPHEN L. PRUSS MERIDIAN OFFICE ERIC S. ROssMAN TODD A. ROSSMAN R. STEPHEN RUTHERFORD TFACSIMILE 1 I:ARENCE R. WHITE DATE:7)�a,&L TO: COMPANY: W00W3 PHONE: NUMBER OF PAGES: FROM:Li,�, White, Peterson, Pruss, Morrow & Gigray Meridian Office PHONE: (208) 288-2499 IZZ-:�7t -- - - Confidentiality Note: The cont is of this transmission are intend to be seen and used only by the individual to whom it is addressed. If you receive this transmission in error please call our office so that we may arrange to pick up the document and route it to the office it was intended for. You may call collect if long distance: (208) 288-2499. Thank. WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JUSTIN P. AYLSWORTH JULIE KLEIN FISCHER WM. E GIGRAY, III D. SAMUEL JOHNSON WILLIAM A. MORROW CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRUSS ERIC S. RossMAN TODD A. RosSMAN R. STEPHEN RUTHERFORD TERRENCE R. WHITE DATE: AgK't. //J, TO: Z tic COMPANY: FAX #: 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208)288-2499 FAX (208) 288.2501 FACSIMILE TRANSMITTAL TIME: NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653-0247 TEL (208) 466-9272 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE FROM: Y2jaAZ&ye , White, Peterson, Pruss, Morrow & Gigray Meridian Office PHONE: PHONE: (208) 288-2499 Confidentiality Note: The contents of this transmission are intended to be seen and used only by the individual to whom it is addressed. If you receive this transmission in error please call our office so that we may arrange to pick up the document and route it to the office it was intended for. You may call collect if long distance: (208) 288-2499. Thanks. CENTRAL LCP, DISTRICT HEAETH 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. 94-428 August 31, 1994 RECEIVED 6 LY' Q 2 1994 DAVID NAVARRO ADA COUNTY RECORDER 650 MAIN STREET BOISE ID 83702 RE: MIDTOWN SQUARE COMMERCIAL PARK SUBDIVISION Dear Mr. Navarro: Central District Health Department, Environmental Health Division has reviewed and do approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given on August 29, 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 Boise City Public Works Steve Ricks Hubble Engineering Serving Valley, Elmore, Boise, and Ada Counties Ada ( Bove County Office WIC Boise • Meridian Elmae County Office Elmore County Office Valley County Office 701 N. Armstrong Pl. 1606 Roberts 520 E. 8th Street N. at Envpoamental Hedh P.O. Boz 1448 Boise, ID. 83704 Boise. ID. Mountain Home, ID. 190 S. 4th Street E. McCall, ID, 83638 Ernnro. Hearth: 327-7499 83705 Ph. 334-3355 83647 Ph. 587.4401 Mountoin Home, ID. Ph. 634-7194 Fornily Plarvnng: 327.7400 324 Meridian, ID. 83647 Ph. 587-9225 Immunizations: 327-7450 83642 Ph. 888-6525 Nutrition: 327-7460 WIC: 327-7488 Meridian City Council August 2, 1994 Page 29 Crookston: Is this designed to be conditionary as was the Voigt condition on the deed of the golf course property. Kingsford: I personally think that is not a bad call. Morrow: I think it ought to be consistent what is good for Mr. Voigt is good for this subdivision and we ought to be consistent in terms of the City Council. Kingsford: I don't think the second was finished do you want to back up on the motion? Yerrington: Withdraw, I make the motion that we have the City Attorney draw up the ordinance with conditions so stated. Corrie: Second Kingsford: Moved by Max, second by Bob to have the City Attorney draw up an ordinance annexing and zoning a portion of Ashford Greens subdivision conditioned upon transfer of title for the golf course portion to the city of Meridian, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #18: FINAL PLAT: MIDTOWN SQUARE COMMERCIAL PARK BY STEVE RICKS: Kingsford: Are there questions from the Council on that issue? Morrow: Shari has a letter dated the 29th, apparently she has 3 or 4 comments or thoughts in that letter. Can you talk about that? My questions, item #1 was city of Meridian's ordinances must be complied with for landscaping, buffer zone, screening, parking, etc. particular attention must be paid to the buffering the adjacent residential use. Item #2 was the city of Meridian Comprehensive Plan encourages a landscape setback of 35 feet along the entrance corridor. We took some actions at our last meeting that would seem to indicate that is not our current policy with respect to project that we (inaudible) veterinary clinic. Ada County Highway District review and approval is required prior to the issuance of a building permit. (Inaudible) give us more or are you telling us in terms of our motion that we should cover those things? Stiles: Yes, Councilman Morrow I am. I realize that last time we talked about the veterinary clinic which was an unusual piece of property and very limited frontage. Across the street from almost across the street from this will be the new West One Bank. And they have complied with the 35 foot landscape setback I would like to continue to encourage 35 foot if it is at all possible. Meridian City Council August 2, 1994 Page 30 Kingsford: Any other comments? Would you like Mr. Ricks to address that? Ricks: This is the first time that I have seen this, I will just go through them one by one. We have, Shari was that about March or April or February when we brought the plat layout into you and Wayne, it was your first day. When Wayne Forrey was still here we went through the (inaudible) layout on this office park and received Shari's and Wayne's blessing on our setbacks. The sideline, back front landscaping, parking and everything, so we went ahead and designed to those standards which were in the Meridian City code at that time. If there has been a code change I am not aware of it. We designed and laid out the 4 buildings in this office park to those setbacks. I know along Cherry Lane we have some 35 feet back of the sidewalk, from back of sidewalk to the buildings. That is on the Cherry Lane side, on the entrance which is I think the County Engineer called that Cresmont Drive, I think it is about the same. On the back which would be the east side of the office park against that four-plex I think it is about 25 feet as our setback. Kingsford: I don't think that would be applicable, we are talking about the Cherry Lane corridor I think is what we are (inaudible) here. Ricks: I think we are at least 35 feet from back of sidewalk to building wall. Kingsford: I think that was just a general statement that you put in this (inaudible). Ricks: Well, you can generally see what is there, berms and trees and what not. I think that would probably cover item 1 and 2. Item 3 we have received ACHD's preliminary approval, they should be signing the plat at their Thursday meeting this week. There is no public street into this, that is the main reason I am here tonight. Mayor and Council is it simply a central parking lot which the 4 buildings all face into the parking lot. But I noticed the County Engineer requires us to name that anyway so we put a name to it but it is not a public street. Number 4, a CU permit for office space, I think I have sent Shari some of the inquiries and referred them to Shari and didn't appear to me to be professional office space inquiries. I believe she has handled those inquiries appropriately they haven't called me back so I am assuming they didn't want to go through with the CU permit. I've got the plans all ready for site review now. I don't have any problem with this and I think we have complied Mr. Mayor. Kingsford: Any questions otherwise for Mr. Ricks? Morrow. Have you seen Gary Smith's comments or Bruce Freckleton's comments under Gary's signature, based on the 27th of July, the 5 things that they have alluded to? Ricks: Yes Meridian City Council August 2, 1994 Page 31 Morrow. And you are in agreement with those? Ricks: Yes, Mr. Mayor and Mr. Morrow, I received those last Friday and they are simply housekeeping items. Kingsford: Any other questions from staff, are you prepared to make a motion. Morrow. Mr. Mayor, I move we approve the final plat for Midtown Square commercial park subject to staff conditions. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve the final plat for Midtown Square commercial park subject to staff approval all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #19: FINAL PLAT: WESTDALE PARK SUBDIVISION NO. 2 BY MAX BOESIGER AND HUBBLE ENGINEERING: Kingsford: Does Council have any questions for either the developer or his representative? Morrow. I would like to see a short presentation on it by Mr. Boesiger and have the staff make whatever comments they may wish to make. Boesiger: Mr. Mayor and members of the Council, have you seen any presentation on Westdale No. 2 at all? Morrow. I don't believe I have. Boesiger: This site plan here will kind of help you to get accustomed to where it is. This is Cloverdale Road, Fairview is right up here and Franklin would be down this way. Westdale Phase 1 is apparently developed and finished and filled with houses. Of course Phase 1 was in Boise's Impact Area and this is the dividing line here so now we are doing Phase 2 in Meridian's Impact Area. The construction of Crossroads subdivision to the west is what made it possible to do this project because it brought the sewer and water to us. So we are ready to move on that, this right here is the future Pine Street is already showing along the southerly boundary of Crossroads subdivision out here and it comes along and Pine Street meanders down and ties in with Executive Drive. So this is on ACHD's plan to eventually extend this through there is no timing on that yet. So Phase 2 MERIDIAN CITY COUNCIL MEETING: August 2,1994 APPLICANT: STEVE RICKS AGENDA ITEM NUMBER: 18 REQUEST: FINAL PLAT: MIDTOWN SQUARE COMMERCIAL PARK AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: COMMENTS FORTHCOMINING Amjj, v4 a j j 94 CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: To; Mayor, City Council From; Bruce Freckleton, Assistant to City Engineer C,rt— oww Re; MIDTOWN SQUARE COMMERCIAL PARK (Final Plat) I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the applicant during the hearing process: 1. Please submit Ada County Street Name Committee letter approving the Subdivision, and street names. Make any revisions necessary to conform. 2. Revise the Plat Notes as follows: (4.) ... RESUBDIVISION, OR AS ALLOWED BY CONDITIONAL USE. (6.) ... HIGHEST ESTABLISHED SEASONAL ... 3. Add the "North" designation to Crestmont Drive. 4. Clarify that the tie line to the Sewer and Water Easements is to the centerline of said Easements. 5. Submit page 2 of 2 of the Subdivision Plat for review and comment. C:\WPWIN60\DUMPSTERNMIDTWNCP.C-C HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer CITY OF MERIDIAN RONALD R. TOLSMA MAXYERD.RINGTON ROBERT R GARY D. SMITH, P.E. City Engineer M WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 Planner a Zoning Administrator W.L. "BILL" GORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887-4813 Chairman - Planning & Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM: July 27, 1994 To; Mayor, City Council From; Bruce Freckleton, Assistant to City Engineer C,rt— oww Re; MIDTOWN SQUARE COMMERCIAL PARK (Final Plat) I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the applicant during the hearing process: 1. Please submit Ada County Street Name Committee letter approving the Subdivision, and street names. Make any revisions necessary to conform. 2. Revise the Plat Notes as follows: (4.) ... RESUBDIVISION, OR AS ALLOWED BY CONDITIONAL USE. (6.) ... HIGHEST ESTABLISHED SEASONAL ... 3. Add the "North" designation to Crestmont Drive. 4. Clarify that the tie line to the Sewer and Water Easements is to the centerline of said Easements. 5. Submit page 2 of 2 of the Subdivision Plat for review and comment. C:\WPWIN60\DUMPSTERNMIDTWNCP.C-C 4W 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 r HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 8884433 a FAX (208) 8874813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TO: Mayo d coon 1��, �� FROM: Shari L. Stiles, Planning & Zoning Administrator DATE: July 29, 1994 SUBJECT: Final Plat of Midtown Square Subdivision COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman - Planning & Zoning RECEIVED AUG 0 1 1994 CITY OF MERIWAN 1. City of Meridian Ordinances must be complied with for landscaping, buffer zones, screening, parking, etc. Particular attention must be paid to buffering adjacent residential uses. 2. The City of Meridian Comprehensive Plan encourages a landscape setback of 35' along this entrance corridor. 3. Ada County Highway District review and approval is required prior to issuance of a building permit. 4. A conditional use permit may be required for uses other than professional office space. 5. Any construction will require site plan review addressing the above and other issues. fl//Y-- '. I ci- 6 OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON. JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator �`�'" k�W y�g- '+' JIM JOHNSON °fir c'4airman - Planning & Zoning JUL 4 5 CITY OF MERIWAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 26, 1994 TRANSMITTAL DATE: 7/11/94 HEARING DATE: 8/2/94 REQUEST: Final Plat for Midtown Square Commercial Park BY: Steve Ricks LOCATION OF PROPERTY OR PROJECT: Crestmont and Cherry Lane JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAIO�TIFI ON(PRELIM & NAL PLAT) CITY FILES �� jj ;.) t. , _ YOUR CONCISE TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 26, 1994 TRANSMITTAL DATE: 7/11/94 HEARING DATE: 8/2/94 REQUEST: Final Plat for Midtown Square Commercial Park BY: Steve Ricks LOCATION OF PROPERTY OR PROJECT: Crestmont and Cherry Lane JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, CIC —BOB CORRIE, C/C WALT MORROW, CIC MAX YERRINGTON, CIC _WATER DEPARTMENT _SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES '7" /� ` p OTHER: / 7 �f YOUR CONCISE EMARKS: ✓ i.4.., g ro u ,,,%.. W i owtrKQ�r iro L PAr/f. W %v-- h au -Q- /4071 /CEP_ C i,ay v IiAN3S ! I 1ixi4_ I S G Dt wd 7 A: ee HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk JANICE L. GAS, City CITY OF MERIDIAN RONALD R. TOLSMA X Y OBERTD.INGTON GARY D. SM THS P.E. City Engineer CORR E BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T. SHAWCROFT, Wastewater Supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief "BILL" MERIDIAN IDAHO 83642 Planner & Zoning Administrator W.L. GORDON, Police Chief ' E E T HNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887-4813 v CiairFnannning & Zoning Public Works/Building Department (208) 887-2211 J U L 14 i,;;_ 4 GRANT P. KINGSFORD Mayor CITI .,,i_, AA N TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 26, 1994 TRANSMITTAL DATE: 7/11/94 HEARING DATE: 8/2/94 REQUEST: Final Plat for Midtown Square Commercial Park BY: Steve Ricks LOCATION OF PROPERTY OR PROJECT: Crestmont and Cherry Lane JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, CIC —BOB CORRIE, C/C WALT MORROW, CIC MAX YERRINGTON, CIC _WATER DEPARTMENT _SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES '7" /� ` p OTHER: / 7 �f YOUR CONCISE EMARKS: ✓ i.4.., g ro u ,,,%.. W i owtrKQ�r iro L PAr/f. W %v-- h au -Q- /4071 /CEP_ C i,ay v IiAN3S ! I 1ixi4_ I S G Dt wd 7 A: ee 11ECEIVED J U L 2 8 1994 SUBDIVISION EVALUATION SHEET CITY OF MERIDIAN Proposed Development Name MIDTOWN SQUARE COMMERCIAL PARK City MERIDIAN Date Reviewed 07/21/94 Preliminary Stage Final XXXXXX Engineer/Developer Hubble Engr. / Steve Ricks The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee M per the requirements of the IDAHO STATE CODE. L PARK X. Date %1LI/W The Street name comments listed STREET NAME COMMITTEE (unde development in accordance with th below are made by the members of the ADA "COUNTY r direction of the Ada County Engineer) regarding this e Meridian City Street Name Ordinance. The following existing street names shall appear on the plat as: "WEST CHERRY LANE" "NORTH CRESTMONT WAY" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEV, Ada County Engineer John Priester Ada Planning Assoc. Terri Raynor Meridian Fire Dept. Representativ CY P ES NTATIVES OR DESIGNEES Date712-1 lq,,� Date 7 f' n }'-Date q4 NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Subindex Street Index NUMBERING OF LOTS AND BLOCKS NOT APPROVED 24Vjjj&�* rCENTRAL DISTRICT 'HEALTH REVIEW SHEET Environmental Health Division RECEIVED Return to: ' DEPARTMENT J U L 2 1 1994 El Boise ❑e g Rezone # CIT�IOf ti:frxrity ❑ Garden city Conditional Use # Meridian ❑ Kun finala Preliminary Short Plat ,��%l%Gd/+% ❑ ACZ ❑ I. We have Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ solid lava from original grade ❑ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ❑ 2 feet ❑ 4 feet ,®' 7. After written approval from appropriate entities are submitted, we can approve this proposal for: .R 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: ,4�5 central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ;Jjj• central water -9. Street Runoff is not to create a mosquito breeding problem. ❑ 10. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store ✓%� --57''411 NAT Date• GZ / l / l—� G Reviewed By [DHD 10/91 rcb, rev. 11/93 ill OFFICIALS 10IN 1� HUB OF TREASURE VALLEY A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk JANGARIY CITY OF MERIDIAN' RONALD R. TOLSMA ROBER RD'CORR E D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief "BILL" MERIDIAN, IDAHO 83642 Planner & Zoning Administrator W.L. GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-3433 • FAX (208) 887-4813 JIM JOHNSON � l:� Public Works/Building Department (208) 887-2211 ; Planning & Zoning L' U VTO GRANT P. KINGSFORD 13.9 t t 4i S t 1994 Mayor l NAMPA & MERIDIAN IRI3ICATIC)IN DISTRICT TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 26, 1994 TRANSMITTAL DATE: 7/11/94 HEARING DATE:_812/jj REQUEST: Final Plat for Midtown Sauare Commercial Park k; r_ IVE D M LOCATION OF PROPERTY OR PROJECT: Crestmont and Cherry Lane JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P/Z _TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT _SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER irrigation water be made ai MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: All laterals and wasteways 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. It is recommended that ailable to all develonmPnrR within this T)ictrirt_ 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 Nampa & Meridian Irrigation District OFFICIALS WILLIAM 0. BEM JR.. CRY perk JANICE L GASS. City Treasurer GARY O. SMITH. P.E. City Engineer BRUCE 0. STUART. Water works Supt. JOHN T. SHAWCROFT, Waste Water SUM. KENNY W. BOWED. F►aChiN W.L. "BILL" 00010004. Palos Chet WAYNE G. CROOKSTON. JR.. Attorney 1'IN HUB OFTREASURE VALLEY A Good Place to Live CITY OF MERID-LAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phare (208) 888-4433 a FAX (2061887.4813 Public Works/HuiWin8 Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ' R6aERT O. CORAle WALT W. MORROW SHARI STILES Planner 6 Zonatg AWmmstrator RECEI an Manning a b zanng J U l 2 s 1994 CITY OF MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CTTY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 26, 1994 TRANSMITTAL DATE: 7/11/94 HEARING DATE: 8/2194 REQUEST: Final Plat for Midtown Sauare Commercial Park BY: Steve Ricks LOCATION OF PROPERTY OR PROJECT: Crestmont and Cherry Lane JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C 8013 CORRIE, C/C WALT MORROW, C/C. MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM S FINAL PLAN fNTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM dt FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: U S WEST REQUEST A THANK YOU A.J. CARLSON n Meridian City Council July 19, 1994 Page 8 Tolsma: Moved by Walt, second by Max to table Ordinances #659, 660, 661, and 662 until August 2nd, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: AMENDED ORDINANCE #607 - MID -TOWN SQUARE: Tolsma: We have an error on the description of this Ordinance and it needs to be tabled until the next City Council. Yerrington: Mr. President, I move that we table #607 until next meeting August 2nd. Corrie: Second Tolsma: Moved by Max, second by Bob to table Amended Ordinance #607 until the August 2nd meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: RESOLUTION #157 - SEWER INSPECTION FEES AND SEPTIC TANK DUMPING FEES: Tolsma: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, PROVIDING FOR THE ADOPTION OF THE SEWER INSPECTION FEES AND SEPTIC TANK DUMPING FEES AS ADOPTED BY THE MERIDIAN BOARD OF SEWER APPRAISERS; AND PROVIDING AN EFFECTIVE DATE. We need a motion to approve that. Morrow: So moved Yerrington: We need an effective date. Morrow: With today's date. Yerrington: Second Tolsma: Moved by Walt, second by Max to approve Resolution #157 for the sewer inspection fees and septic tank dumping fees effective today, all those in favor? Opposed? MOTION CARRIED: All Yea -,OOM '94 9:08 AOO\ HUBBLE ENGINEERING, INC. eW t:t ftl 00urt a Wee, ideho 037De • _..+ ♦ • K PAGE. 001 REYISfUN II April �! 1894 REVISED RECE 1 V F.i),. DESCRIPTION FOR MIDTOWN SQUARE SUBDIVISION AUG 0 i 194: . A PORTION OF THE NE1/4, SECTION 12, T.3N., RAW., &M., Woo CITY Dr*fF" MERIDIAN, ADA COUNTY, IDAHO A parcel of land lying In a portion of the NEI/4 of Section 12, T.3N., 13.1W., B.M., Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the brass cap marking the section comer common to Sections 6 and 7, T.3N., R-1 E., B.M., goon 1 and the said Section 12; South 139°49'1(r west 2685.28 feet along the Northerly boundary of the said NEI/4 of Section 14 which 1$ also the centerline of West Cherry Lane, to a brass caP marking the orae -quarter comer common to the said Scions 1 and 12; theruce North 88°49110" East 672.71 feet a" the said Northerly boundary of the NE1/4 of Section 12 to an iron pin; thence South 0°17'50" East 40.00 feet to a 2 -Inch galvanized Ironpipe marking e point of beginning of curve, said point being the REAL POINT OF BEGINNING (INITIAL POINT); Southwesterly along a curve to the left 31.42 feet, said Dawe having a central angle of 90°00'00". a radius of 20.00 feet and a long chord of 28.28 feet bearing South 44°49'10" West to a .point of tangent; them South 0611 0'50" East 4.22 feet to a point of curve; thence Southeasterly along a curve to the left 205.24 feet, said curve having a central angle of 5743'25', a radius of 223.04 feet and a long chord of 198.08 feet bearing South 26432'33" East to a point of tangent; twos South 52°54'15' East 46.74 feet to a polnt of curve; Midtown Page i of 2 r AUG 1 194 11:06 11� HUBBLE ENGINEERING %W WW tart . Wee, Idaho 837W Project No. 9304801 PAGE .001 lie INC. ° d 208=49W • Fox 2081378�= Revised August 1, 1994 DESCRIPTION FOR MIDTOWN SQUARE COMMERCIAL. PARK, A SUBDIVISION A PORTION OF THE NE1 /4, SECTION 12, T.3N., RAW., B.M., MERIDIAN, ADA COUNTY, IDAHO A parcel of larxi lying in a potion of the NEI/4 of Section 12, T.3N., 13.1 W., B.M., Meridian, Ada County, Idaho, and mare particularly described as folkm e: Commencing at the brass cap marking the sedan oomer oommon to Sections 6 and 7, 13N., R.1 E., B.M., Section 1 and the said Section 12; thence South W49'1 W West 2655.28 fast along the Northerly boundary of the said NEI/4 of Section 12, which is also the centerline of bleat CUrry Lane, to a brass cap marking the one-quarter comer common to the said Sections 1 and 12; therm North 88'49'10" East 672.71 feet along the skid Northerly boundary of the NE11/4 of Section 12 to an iron pin; thence South 0°17'SQ' East 40.00 feet to a 24neh galvanized iron pipe marking the real point of beginning (initial pointy of Midtown Square Subdivision, as filed for record in the office of the Ada County Rebprd+er, Boise, [dam in Bank ._ of Plats at pages _ and _, also said point being the REAL POINT OF BEGINNING (INITIAL. POINT); thence North 0'1 r50" West 40.00 feet to a point on the said Northerly boundary of the NE1/4 of Section 12; 171T '77773k* 71-5 North 89°49'10" East 402.29 feet along the said North" boundary of the NE114 of Section 12; thence South 0°17W East 48.78 fee#; thence South 298°24'05" East 161.59 feet; thence South 47"58'517' East 156.60 feet to a point marking the Northeast corner of Lot 5 of Block 3 of the Said Midtown Square Subdivision; Midtown Sq. Comm. Pic. Page 1 of 2 AUG 1 194 11:08 PAGE.002 'mist No. 9304801 May 11, 1994 thence along the Northerly boundary of the said Midtown Square Subdivision the following courmn and d wU noes: South 89°49'10" West 484.33 feet to a pant of beginning of come; thence Northorosterly along a curve vie to the left 37.38 feet, said curve having a central angle of 9'31'03", a radius of 225.00 feet and a long chord of 57.33 feet bearing North 48°0844" West to a point of tangent; thence North 52°54'15" west 46.74 feet to a point of curve; thorm Northwes" along a curve to the right 205.24 feet, said curve having a central angle of 52°43'25" a, radius of 223.04 feet and a long chord of 198.48 feet bearing North 233" West to a point of tangent; thence North 4°10'50" Wit 4.22 fejt to a point of curve; theme Northaeoterly along a curve to the right 31.42 feet, said curve having a central angle of 9M'W , a radius of 20.40 feet and a long chord of 28.28 %6t beOng North 44°49'10" East to a pant of ending of curve, also said point being the point of beginning, comprising 3.04 acres, more or less. RDC1DTP GL. /mW507- Midtown Sq. Comm. Pk. Prepared by, HUBBLE ENOWEERING, INC. D. Terry peugh, P.L.S. Page 2 of 2 ** TOTAL PAGE.002 ** AUG 1 194 9:09 ` PAGE.002 �r Project No. $3048 April 29,1994 thence Southeasterly along a Curve to the right 37.38 feet, Said Curve having a central arVte of 8°31'03", a radius of 225.00 feet and a long chord of 37.33 feet bearing South 48°'06'44° East to a point of ending of curve; ti Noah 88°49'10'" est 464. feet: ,hip D, it thence South 47°58'50" East 110.85 feet; ffwx* North 89°49'10" East 40.28 feel to a point on the oenterline of 4th Street; therm South 0°22'10" Fust 188.17 feet along the said oerftrline of 4th Street: thence South 89°58'10" West 158.95 feet; tax* South 0"17'50" East 70.00 fleet; thence South 89"'58' f 0" West 298.44 feet to a point on the Bank of the Hurter Lateral; t xnm North 18W22" West 1291.07 feet along the said Bank of the Hunter Lateral to a paint on the said Northerly boundary of the NEI/4 of Section 12; thwxe- North 89°49' i 0" East 138.41 feet along the said Northerly -bmnw* y of the NEI/4 of Section 12; #lance South 0°17'50" East 40.00 feet to the point of beginning, comprising 13.39 acres, more or less. I D. Terry Peugh, LS. RDQ4M/GUVmf/506.des Rev. 11/17/83 Ext. Bndy. - Reduced Subd. by 3 Lots 1G. Ndtown Sq. Subd: Rev. 11 Page 2 Of 2 HUB OF TREASURE VALLEY COUNCIL MEMBERS OFFICIALS A Good Place to Live RONALD R. TOLSMA RRINGTON WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer CITY OF MERIDIAN' MAX YE ROBERT D. CORRIE WALT W. MORROW GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt.33 EAST IDAHO SHARI STILES JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642E Planner & Zoning Administratcr JIM JOHNSON AMILICEID W.L. "BILL" GORDON, Police Chief Phone (208) 888-4433 • FAX (208) 887-4813 Chairman - Planning & Zoning WAYNE G. CROOKSTON, JR., Attorney p„hair Works/BuildinH Department (208) 887-2211 GRANT P. KINGSFORD Mayor J U 6 1994 CITY OF MERMAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 26, 1994 TRANSMITTAL DATE: 7/11/94 HEARING DATE: 8/2/94 REQUEST: Final Plat for Midtown Square Commercial Park BY: Steve Ricks LOCATION OF PROPERTY OR PROJECT: Crestmont and Cherry Lane JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z _TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C _BOB CORRIE, C/C WALT MORROW, C/C _MAX YERRINGTON, C/C WATER DEPARTMENT _SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: IV�s HUBBLE ENGINEERING, INC. 9550 Bethel Court ■ Boise, Idaho 83709 208/322-8992 ■ Fax 208/378-0329 RNI July 5, 1994 Shari Stiles City Planner City of Meridian 33 E. Idaho Street Meridian, Idaho 83642 Re: Midtown Commercial Park Submittal Dear Ms. Stiles, In response to your request for further information. Items 1 thur 6 submitted, Item 7, as this is a commercial development all of the buildings are to be construct -ed by the developer and leased to various tenants. The lease agreement is to take the place of the covenants. Item 8, five copies of the construction plans were submitted to the Public Works Department and have received approval. Approval letter submitted. If you need any further information please call. Thank you for your help in this matter. Sincerely, Richard D. Cummings Project Manager RVe 14URRLE ENGINEERING, INC. 9550 Bethel Court ■ Boise, Idaho 83709 July 5, 1994 Shari Stiles, City Planner City of Meridian 33 E. Idaho Street Meridian, Idaho 83642 RE: Midtown Square Commercial Park Dear Ms. Stiles, 2081322-8992 ■ Fax 2081378-0329 On behalf of Steven K. Ricks and Carl Baker, we hereby submit the final plat application for Midtown Square Commercial Park Subdivision. The final plat of Midtown Square Commercial Park is in accordance with the conditions of approval of the preliminary plat and the provisions of the City of Meridian Subdivision Ordinance. This limited office commercial subdivision is also in substantial conformance with the City of Meridian Comprehensive Plan, and conforms with all acceptable engineering and surveying practices and local standards. Existing sewer and water mains will be extended to serve this project. Streets, curbs, gutters, and sidewalks will be constructed to standards as required by the Ada County Highway District and Meridian City Ordinance. All sidewalks will be five (5) feet in width. Please confirm the hearing date on which this final plat will be heard by the Meridian City Council. Thank you for your time and consideration. If you have any questions, do not hesitate to call. Sincerely, Richard D. Cummin Project Manager HUBBLE ENGINEERING, INC. r y 9550 Bethel Court ■ Boise, Idaho 83709 2081322-8992 ■ Fax 2081378-0329 9 Q, O SURVEY Project No. 9304801 May 11, 1994 DESCRIPTION FOR MIDTOWN SQUARE COMMERCIAL PARK, A SUBDIVISION A PORTION OF THE NE1/4, SECTION 129 T.3N., RAW., B.M., MERIDIAN, ADA COUNTY, IDAHO A parcel of land lying in a portion of the NE1/4 of Section 12, T.3N., R.1W., B.M., Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the brass cap marking the section corner common to Sections 6 and 7, T.3N., R.1 E., B.M., Section 1 and the said Section 12; thence South 89049'10" West 2655.28 feet along the Northerly boundary of the said NE1/4 of Section 12, which is also the centerline of West Cherry Lane, to a brass cap marking the one-quarter corner common to the said Sections 1 and 12; thence North 89°49'10" East 672.71 feet along the said Northerly boundary of the NE1/4 of Section 12 to an iron pin; thence South 0017'50" East 40.00 feet to a 2 -inch galvanized iron pipe marking the real point of beginning (initial point) of Midtown Square Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book _ of Plats at pages _ and _, also said point being the REAL POINT OF BEGINNING (INITIAL POINT); thence North 0017'50" West 40.00 feet to a point on the said Northerly boundary of the NE1/4 of Section 12; thence along the following courses and distances to iron pins: North 89°49'10" East 402.29 feet along the said Northerly boundary of the NEI/4 of Section 12; thence South 0017'50" East 48.78 feet; thence South 29°24'05" East 161.59 feet; thence South 47°58'50" East 156.60 feet to a point marking the Northeast corner of Lot 5 of Block 1 of the said Midtown Square Subdivision; Midtown Sq. Comm. Pk. Page 1 of 2 r Project No. 9304801 l.. May 11, 1994 thence along the Northerly boundary of the said Midtown Square Subdivision the following courses and distances: South 89°49'10" West 464.33 feet to a point of beginning of curve; thence Northwesterly along a curve to the left 37.38 feet, said curve having a central angle of 9031'03", a radius of 225.00 feet and a long chord of 37.33 feet bearing North 48008'44" West to a point of tangent; thence North 52°54'15" West 46.74 feet to a point of curve; thence Northwesterly along a curve to the right 205.24 feet, said curve having a central angle of 5043'25" a radius of 223.04 feet and a long chord of 198.08 feet bearing North 26032'33" West to a point of tangent; thence North 0010'50" West 4.22 feet to a point of curve; thence Northeasterly along a curve to the right 31.42 feet, said curve having a central angle of 90000'00", a radius of 20.00 feet and a long chord of 28.28 feet bearing North 44°49'10" East to a point of ending of curve, also said point being the point of beginning, comprising 3.04 acres, more or less. RDC/DTP/GLR/mf/507.des Prepared by: HUBBLE ENGINEERING, INC. D. Terry Peugh, P.L.S. Midtown Sq. Comm. Pk. Page 2 of 2 - 5-44 TUE 15:07 BTE POTOMAC_ FAX N0. 2083775.861 P.01/01 FOR V.U,M AFAMWT. ALICE C. ?ACK. ;zwtee o: the Pack rawly Dust. dated December 8. 1989. Cha (.ranror. does hereby ,;rare. ►mrpeln. sell .ted ccntvy ro S .T.4 K. [1:17«. %Awse -+ail:r,$ w&ess :a TO Y. yth Street. suite 309, Boise. I&M 937^?, tLa ;r=tes, the fnllavLng described promises. cc -wit: IN 7M CCtJN;'Y CP ADA, STAUE QP ;a Hi. Ua== .irg at Me t s.;cL_a: :c::.�: Lctv�rs: sa,;t..ra _ ^:d 1.2, Township 3 Tor th, 3arge 1 Wtat; thaace S. 69451' z. a:cr. • tri north bculzdaat' s l aaid section 12 and 41o.-9 centdr lire cr cturtj road 534.3 taac to a point, the real point o: tolit.ang; U.rcee S d9°51' :- a:ond tiny north bc=&.y of ;aid Seo:icn 12 and a::n j 84:, Ccntdr lire r-40.7 feet to a ;air.:; trance 3. '°%2' L. 4C.: r'=et .o a polrt ir. ap irrigestien ditch; L.,er.ce S. 29•:,41►' said irripatlen j1t%Q :61.6 i'eet t9 a alta.,; said :rri.3a:ion ditch 26o.0 foul. to point; crence S. =•;•r �S-.4tnene.tea: tc ► ro: ;t; c :crc+ S '•'3' -�� :saeC w I s 'r.feet ::. v pa ;.L; ,:;.ce:co to point: tha.e S. 0"421 :. ,-•'' ban,c of ir. ga..Gs; ditch; the;lc. ;t. s_ino .an` c. :rrigat:on dl -..-.t 1291-S reez W %.:e 1"041 P:::t .If Except rasds aro ditc.'zeo. M KAIM AN) 10 W. D 1W said prerd—s, ❖ ith t!wlr xrrl:CenarCN4 mto the said Gmntee, his heirs and ass4-=3 fa ever. And Ox veid .;=cor does hereby cm•enant :o and -4th the said Gr.>rtee. _hl. tsw :y the o-rer !n fee sixple of said prumisesc &At said prodiso$ are frro ,.= all enembrances, and that she viLl vorrant ind Wend the r.nt• fmm all IMul cla;na O ati;cover. Dated this ?1st day of July, 1997. F'k 9358673 9.4 Xnce r. PaCk, .tusrev RECO^- • r 1!'►�% • G �c , '93 JUL 23 115'1 11 02 A yam.. INSTRUMENT No. QUITCLAIM DEED B93-21761 Y't 1604000603 For Wue Received STEVEN K. RICKS do hereby cmvex releas% remise and fotrever "t claim unto STEVEN K. RICKS AND MARGARET S. RICKS. HUSBAND AND WIFE - - - the following described ptreatisea, to -wit: SEE E»IBIT A ATTACHED HERETO AND MADE A PART HEREOF. 16 together with their appurtenances. Dated: Sept. 13, 1993 STATE OF IDAHO, COUNTY OF Ada On" /$ day of Sept. , 1993 . be m id State, personally • KAUtWvWV"'0:ks 1 .:..�• i •D...'�1 My CC��t�!^titts ^ "3.15 97. knowAitt o�tmetobeHtiiteperson whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. Notary Public Residing at Boise, Idaho Com Expires 8-15-97 j376b03 BOISE TITLE & ESCROW RECORDEE 93 SEP 16 pill 12 01 Steven K. Ricks STATE OF IDAHO, COUNTY OF I hereby certify that this instrument was filed for record at the request of at minutes past o'clock m., this day of 19 , in my office, and duly recorded in Book of Deeds at page By Fens 5 Mail to: ExA@'icio Recorder Deputy. •-y.� r '•.. r r"y : 1 ! �r?k S! Y•„p,.. (L � w x ri i �G.+'v4 " l: '. � � kr i{ � ��s/• _ i w i ' � ...:. ..�q 1 > . »• S'iw'r/.J 1604000604 � .+s :°i~•; � ,•r ZyY,:, •,� . .rtJ+,Zr r ...�,: a..3:,i.s4,: v.r sjer r ^f+ •r .. EXHIBIT "A"' -A portion of the Northeast quarter of Section 12, Township 3 North, Range 1. West; Boise Meridian,:Ad#4,,County* Idaho, more particularly.described as follows: } Beginning'at,the ;uarter'corner between Sections 1•and 12, Township�3 North;.Rauge I- -West; thence ;�`x :•. South 89'51', East along the North boundary of said Section 12 and along center line of '.'',countyroad 534.3J eetto a point, the REAL-POINT OF BEGINNING; thence- ,: South'89'51'..East`alongs;tbe North boundary of.-said Section 12 and along said center line w -45411 7,,teet+ to'.a point; •thence � , y\Soutii"•'02!Mest,484�feetto a'poiat-in as irrigation ditch;'theace ,`.' ,,4South x9'04 �East€iloni said irrigation ditch: 161.4 feet to a point; thence SouthV47! East along said irrigation ditch.268.0 feet to a int; thence bar 'South 890510;'East 39.4 feet to a g thence point; `: • :' South':O'O29., West 788.'11 feet to a point; thence North 89'42' Hest 157. feet to a point; thence -South 0*620 West 70.0 feet to a point; thence p� North 89'42' hest 298.68 feet to a point on bank of irrigation ditch; thence North 18005' Vest along bank of said irrigation ditch 1,291.50 feet to the REAL POUR OF BEGINNING. `-'Subjedi to Ditch and Road.Rights of Ways. zf< EXCEPT therefrom: ju > A parcel of land lying in the Northwest quaater of the Northeast quarter of Section 12, �. Township 3 North, Range 1 Vest, Boise Meridian, Ada County, Idaho and more particularly described as follows: Beginning at the North quarter corner of the said Section 12; thence South 89'26946" East 1,075.00 feet along the Northerly boundary of the said Northeast quarter of Section 12, which to also the center line of CHERRY LAMB, to a point; thence South:0026146".East 25.00 feet along a line 316.00 feet Westerly of and parallel to the .-centerline of West Fourth Street to a point, also said point being the REAL POINT OF BEGINNING; thence continuing South 0'26146" East 15.00 feet along a line 316.00 said center line of West Fourth Street to a point; North 89'26146" Nest 527.00 feet along a line 40.06 said Northerly boundary of the Northeast quarter of North 17'40146" Vest 15.79 feet to a point; thence South 89'26146" East 532.51 feet along a line 25.00 said Northerly boundary of the Northeast quarter of BEGINNING. feet Westerly of and parallel to the thence feet Southerly of and parallel to the Section 12 to a point; thence feet Southerly of and parallel to the Section 12 to the POINT OF �A'M�u4,1c 'iii M 1:'Y•.:;�1Ve/'i'.. - ,. . i:. ..- .�.. �•�. �'�... n. ... •. .. � .. '. < " INSMUMENT No. _ 1613UUUU98 z, s� w ' , � � r Q DEED Isis � /. #' `rst'Sa. r : r .. • MO Far Value Received t yr;r �_ ,t ; M rii+ 19' �l' • is .0 a. jr. RICKS AND MARGARET S. RICKS, HUSBAND AND WIFE - - - do bereby cone% release, remise and forever quit claim CARL =� BAKER AND Kkj=EN BAKER, HUSBAND AND WIFE AND STEVEN K. RICKS AND MARGARET MAO S. RICKS, HUSBAND AND WIFE - - - the Mowing described premins, to -wit: ^C: � n . L�� ' • y � 3C� C(Ck ,Y SEE EIHIBIT A ATTACHED HERETO AND MADE A PART HEREOF44 - - - Y�'r � yJy('Tp { 3382111 OCcSE TITLE 8 ESCR01 r k ACd.�FCOt�'ucR J. OAVIO ::AYJ`,7,RO BOISE IJ _ 'n3 OCT 1 P! i`f `f D�z.. �crs s •, ' toKether with theira DCell r �t Sept r 29, 1993 Steven K. Ricks a= OF IDAHO. COUNTY OF Ada On this 29th . day of Sept. .1993 . bafere me. a notary public is and for said State. personally appea"d ....._...•..., , Steven K. Ricks known to mp O e•lhe *sots 4*) whoSe name is subscribed to the within instrument, and acknowledged to me th..tire executed the same. Notary Public FEE._ DEP RECORDe.D Ai ;:iE REQUEST OF ;Margaret S. Ricks by Steven K.Ricks torney in fact ACKNOWLEDGEMENT — Attorney in Fan STATE OF ... Idaho........... County of.... Ada.... • • • • • • • • • • u 0nthis...29th, _ rr��..h�10� .�..7...... ..... ...... in the year of , . .. .. 99J.Ni . �I}JfNOt IlZhe and tsigned. a `otan Public in and for sai ta* pMt6f l ? 11ab Ricks ............... �''[[� 1 _ lf�� .�� ..... ........ . known or identified me ia' 'the 'crams wfwse n /is subscribed w the within Jl!*r9Aria0;S, • Ricks is ane .:t.• 04 so. !0 ........... . thereto asprincipal. n • .... own name as attorney in fact. Signa .. ........ Name:....... thy. Cz. . t1=rr W p11 • Residing a Idaho Residing at: ... Boise • . • • • • . • • • Co— ExP' 8-15-97 My commission cxpires:..... 8-15 97. • • • • • ' ' • . ' • • ' .. x 1� y ,`_54�' "��nYa+�.v.!" ''' e y .a'�;�7M�,y ;K ...t5s•X > 4 .1 f 161.300Q099:..r 1 + t j . A portion of the Northeast quarter of Section 12,` Township 3 North, Range 1 Kest, Boils i' meridian. Ada County. cribed as follows Idaho, more particularly des Beginning at the quarter corner between Sections 1 and 12; Township 3 North, �e..1 + west; the !South 89.51' East along the North boundary o. said Sect!= 22 and along canter line o= ' county road! 534.3 feet to a point, the Rz.-LPonrrdor BEGINNING;, IN and said center ne South 89.51' East along the Northbosda=Y o ' 540.7 feet to a point; -thence South 0.02' West 48.4 fest to a point in an irrigation ditch; thence' thence South 29.04 1/20 East along said irrigation ditch 161.6 fest to a points South 47.39' East along said irrigation ditch 268.0 lest to a point; thence South 89.51' East 39.4 feet to a point; thence, South 0.021_ West 788.18 feet to a point; thence North 89.42' West 157.5 feet to a point; thence South 0.02' West .70.0 feet to a point; thence North 89.42' Most 298.08 foot to a point on banle of irrigation ditch; thence North 18.050 West along bank of said irrigation ditch 1,291.50 feet to the RUL POINT Or SEGII1NIItTG • , Subject to Ditch and Road Rights of Mays. EXCEPT therefrom: A parcel of land lying in the Northwest quarter of the Northeast qua -'ter of Section 12, .r, particularly Township 3 North, Ra:.gs 1 West, Boise Meridian, Ada County, Ids and more Part described as follows: Beginning at the North quarter corner o= the said Section 12; then the said Northeast South 89.26'46• East 1,075.00 feet along the Northerly boundary is also the center line of.C�Y tom• to a point; thence quarter 02 Section 12, which 116.00 feet Westerly of South 0.26'46• East 25.00 feet along a lino d k� PPOo INT or centerline of West Fourth Street to a point, also said point being BEGINNING; thence continuing South 0.261460 East 15.00 feet along a line 316.00 feet Westerly of and 1181 to the para said center line of west Fourth Street ttolaa point; ine 0tfente5outherly of and parallel to the North 89.26146" West 527.00 feet along said Northerly boundary of the Northeast quarter of Section 12 to a point; thence Forth 17.40.46" West 15.79 feet to a point; thence parallel to the South 89.26146" East $32.51 feet along a line 25.00 feet Southerly o! and said Northerly boundary of the Northeast quarter of Section 12 to the Ponrr OF BEGINNING. R �!y• �:` � •y; t-4.Y�vi}.P+�91�ri�:A�1ri$;N�j�P•"`'�-±k'!F+C't-`+rt I+s4r.cV,,d�M' ��ti«� dt1�Y��?; e'SA`'�l.'."p rr. _�. lkl?^�7�"�JV'.r.r !?S w.ar� A•!H' F.rm 3ICJ 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. "BILI' GORDON, Pollee Chief WAYNE G. CROOKSTON, JR., Attorney June 21, 1994 Mr. Jim Merkle, P.E. Hubble Engineering, Inc. 9550 Bethel Court Boise, Idaho 83709 HUB OF TREASURE VALLEY iGtJ� O NCIL MEMBERS A Good Place to Live 99v RONALD R. TOLSMA MAX TMRCITY OF MERIDIAN WOOW 33 EAST IDAHO planner & b Zoning STILES oninp Administrator MERIDIAN, IDAHO 83642 JIM JOHNSON Phone (208) 888-4433 a FAX (208) 887-4813 Chairman • Planning a zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSPORD Mayor �E E71'NyiA RE: MIDTOWN SQUARE COMMERCIAL PARK Dear Jim; We have reviewed the sanitary sewer and domestic water development plans you have submitted for this subdivision, and approve of them for construction purposes. You may schedule a pre -construction meeting with us after you receive City Council final plat approval, street development plan approval from the Ada County Highway District, and sewer and water plan approval from the State of Idaho Division of Environmental Quality. This subdivision is within the area of the City Urban Service Boundary. Our water distribution system can provide domestic water service, and the required fire flow to this subdivision, and we can accept the sanitary sewage wastes for treatment at our sewage treatment facility. These determinations have been made by use of computer models developed for our facility plans. Please provide five (5) sets of "Construction Plans" to my office a minimum of 48 hours prior to the pre -construction meeting. If you should have any questions, please don't hesitate to call. S' rely, IV`7 zglr� Gary D. Smith, P.E. City Engineer i E CC. File B. Stuart J. Shawcroft CAwpwin60Vtd-1tr\planaprv.ltr b IDAHOHE DEPARTMENT OF DF HEALTH AND WELFARE DIVISION OF BO9, ENVIRONMENTAL QUALITY M ir'�ri 5qUCu'� G�4 oto t' Rei Cecil D. Andrus, Governor 142D North Milton, Boise, ID 83706-1260, (208) 334-0550 June 29, 1994 Mr. Steven Ricks 200 North 4th Street Boise, ID 83702 RE: Midtown Square Commercial Park Sewer and Water Lines Meridian/Ada County Dear Mr. Ricks: The plans and specifications for the subject project appear to meet State of Idaho standards and are approved subject to the conditions listed below; therefore, we recommend that the District Health Department lift sanitary restrictions on this development. 1. Please refer to the standard conditions in the Division of Environmental Quality (DEQ) review stamp on the documents. Also note that improper construction, overation, or maintenance may result in removal of the approval and reinstatement of the sanitary restrictions. 2. We have neither reviewed nor approved any stormwater runoff plan. The Division of Environmental Quality strongly recommends that you consider alternatives to the seepage trench disposal system. Properly designed and maintained soil -vegetation systems afford reasonable protection of groundwater. The Idaho Department of Water Resources can advise you whether such a system is appropriate for your project. A minimum separation distance of 25 feet must be maintained between the stormwater disposal system and the main water line. 3. Your plans call for 2 inch water service lines. Lines running through subsurface disposal beds shall be placed in protective (water class) pipe. Mr. Steven Ricks June 29, 1994 Page 2 Any major changes or changes that would result in violations of Idaho regulations must be reviewed by this office prior to construction. This office must also be informed of construction scheduling so that spot inspections can be made as necessary. Construction must be done under the supervision of an Idaho registered professional engineer. Within thirty days after construction, this engineer must provide as -built plans or a letter of certification stating that the project was installed substantially according to the approved plans. Sincerely, v Bill Freeman Water Quality Engineering Specialist cc: Central District Health Department Gary D. Smith, City of Meridian Rick Cummings, Hubble Engineering Michael A. Smith, DEQ-SWIRO Source File #1 Reading File 1\ REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT AND/OR FINAL PLAT TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerk's possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 p.m., Thursday following the Planning and Zoning Commission. GENERAL INFORMATION 1. Name of Annexation and Subdivision,Midtown Square Commercial Park 2. General Location, Crestmont & CheM Lane, NF -1/4, Section 12 T 3N RAW. 3. Owners of record, Steven Ricks and Carl Baker Address, 200 N. 4th St., Boise, ID 83702 , Telephone !208)344-3549 4. Applicant, Same Address, 5. Engineer, E. Don Hubble Firm Hubble Engineering, Inc. Address, 9550 Bethel Ct., Boise, ID 83709 , Telephone !208)322-8992 6. Name and address to receive City billings: Name: Steven Ricks Address:200 N. 4th St., Boise, ID 83702 Telephone(208)344-3549 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres: 3.04 2. Number of Lots: 1 3. Lots per Acre: 1 4. Density per Acre: 3.04 5. Zoning Classification(s): L 0 n h. Are there multiple units Yes Type Office Remarks i. Are there special setback requirements No Explain j. Has off street parking been provided for Yes Explain k. Value range of property N/A, rental properries I. • Type of financing for development M. Protective covenants were submitted Date 16. Does the proposal land lock other property-Ho---- Does ropertyNo Does it create enclaves No STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. is [ form Isubapp. mer t n Ao-\ 6. If the proposed subdivision is outside the Meridian City Limits, but within the jurisdictional mile, what is the existing zoning classification N/A 7. Does the plat border a potential green belt No 8. Have recreational easements been provided for No 9. Are there proposed recreational amenities to the City No Explain 10. Are there proposed dedications of common areas No Explain For future parks No Explain 11. What school(s) service the area N/A Do you propose any agreements for future school sites No Explain N/A 12. Other proposed amenities to the City Water Supply Fire Department , Other Explain 13. Type of building (residential, commercial, industrial, or combination) Commercial 14. Type of dwelling(s), single family, duplexes, multiplexes, other Office 15. Proposed development features: a. Minimum square footage of lot(s) N/A b. Minimum square footage of structure(s) C. Are garages provided for No square footage 400 sq. feet d. Are other coverings provided for No e. Landscaping has been provided for Yes Describe Berm with grass and shrubs on Chem Lane f. Trees will be provided for Yes Trees will be maintained g. Sprinkler systems are provided for Yes 3AINO iNOMM80 m , m I .r m Liu Sol, I�Ir L• Sol OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 a FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman - Planning & Zoning TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 26, 1994 TRANSMITTAL DATE: 7/11/94 HEARING DATE: 8/2/94 REQUEST: Final Plat for Midtown Square Commercial Park BY: Steve Ricks LOCATION OF PROPERTY OR PROJECT: Crestmont and Cherry Lane JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 _CHARLES ROUNTREE, P2 _TIM HEPPER, P/Z _GRANT KINGSFORD, MAYOR _RONALD TOLSMA, C/C _BOB CORRIE, C/C _WALT MORROW, C/C _MAX YERRINGTON, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: n V HUBBLE ENGINEERING, INC. v 9550 Bethel Court ■ Boise, Idaho 83709 208/322-8992 ■ Fax 208/378-0329 ti0 yOP SURVE July 5, 1994 Shari Stiles City Planner City of Meridian 33 E. Idaho Street Meridian, Idaho 83642 Re: Midtown Commercial Park Submittal Dear Ms. Stiles, In response to your request for further information. Items 1 thur 6 submitted, Item 7, as this is a commercial development all of the buildings are to be constructed by the developer and leased to various tenants. The lease agreement is to take the place of the covenants. Item 8, five copies of the construction plans were submitted to the Public Works Department and have received approval. Approval letter submitted. If you need any further information please call. Thank you for your help in this matter. Sincerely, ('-V D 4Ae Richard D. Cummings Project Manager n HUBBLE ENGINEERING, INC. v y 9550 Bethel Court ■ Boise, Idaho 83709 208/322-8992 ■ Fax 208/378-0329 SURVO July 5, 1994 Shari Stiles, City Planner City of Meridian 33 E. Idaho Street Meridian, Idaho 83642 RE: Midtown Square Commercial Park Dear Ms. Stiles, On behalf of Steven K. Ricks and Carl Baker, we hereby submit the final plat application for Midtown Square Commercial Park Subdivision. The final plat of Midtown Square Commercial Park is in accordance with the conditions of approval of the preliminary plat and the provisions of the City of Meridian Subdivision Ordinance. This limited office commercial subdivision is also in substantial conformance with the City of Meridian Comprehensive Plan, and conforms with all acceptable engineering and surveying practices and local standards. Existing sewer and water mains will be extended to serve this project. Streets, curbs, gutters, and sidewalks will be constructed to standards as required by the Ada County Highway District and Meridian City Ordinance. All sidewalks will be five (5) feet in width. Please confirm the hearing date on which this final plat will be heard by the Meridian City Council. Thank you for your time and consideration. If you have any questions, do not hesitate to call. Sincerely, 1? 1) C'W Richard D. Cummin Project Manager 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" CORDON, Pollee Chief WAYNE G. CROOKSTON, JR., Attorney June 2, 1994 Mr. Jim Merkle, P.E. Hubble Engineering, Inc. 9550 Bethel Court Boise, Idaho 83709 HUB OF TREASURE VALLEY Cf 7`06 A Good Place to Live W-MCIL MIMICITYOFMERIDIAN ONALD D. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW 33 EAST IDAHO SHARI STILES MERIDIAN, IDAHO 83642 Planner d Zoning Administrator Phone (206) M-4433 a FAX (206) 8874813 JIM JOHNSON Public Works/BuildingChairman • Planning b Zoning Department (208) 887-2211 GRANT P. KINGSFORD Mayor Ip r�6�od� O RE: MIDTOWN SQUARE COMMERCIAL PARK Dear Jim; We have reviewed the sanitary sewer and domestic water development plans you have submitted for this subdivision, and approve of them for construction purposes. You may schedule a pre -construction meeting with us after you receive City Council final plat approval, street development plan approval from the Ada County Highway District, and sewer and water plan approval from the State of Idaho Division of Environmental Quality. This subdivision is within the area of the City Urban Service Boundary. Our water distribution system can provide domestic water service, and the required fire flow to this subdivision, and we can accept the sanitary sewage wastes for treatment at our sewage treatment facility. These determinations have been made by use of computer models developed for our facility plans. Please provide five (5) sets of "Construction Plans" to my office a minimum of 48 hours prior to the pre -construction meeting. If you should have any questions, please don't hesitate to call. S' rely, Gary D. Smith, P.E. City Engineer CC. File B. Stuart J. Shawcroft FILE C: \wpwin601rtd-1trlplanaprv. ltr �b IDAHO OF HEALTHLTH AND AND WELFARE DIVISION OF ENVIRONMENTAL QUALITY 1420 North Hilton, Boise, ID 83706-1260, (208) 334.0550 June 29, 1994 Mr. Steven Ricks 200 North 4th Street Boise, ID 83702 RE: Midtown Square Commercial Park Sewer and Water Lines Meridian/Ada County Dear Mr. Ricks: M � 5qUCu'G G4 i6o cbmff6o Cecil D. Andrus, Governor The plans and specifications for the subject project appear to meet State of Idaho standards and are approved subject to the conditions listed below; therefore, we recommend that the District Health Department lift sanitary restrictions on this development. 1. Please refer to the standard conditions in the Division of Environmental Quality (DEQ) review stamp on the documents. Also note that improper construction operation or maintenance may result in removal of the approval and reinstatement of the sanitary restrictions. 2. We have neither reviewed nor approved any stormwater runoff plan. The Division of Environmental Quality strongly recommends that you consider alternatives to the seepage trench disposal system. Properly designed and maintained soil -vegetation systems afford reasonable protection of groundwater. The Idaho Department of Water Resources can advise you whether such a system is appropriate for your project. A minimum separation distance of 25 feet must be maintained between the stormwater disposal system and the main water line. 3. Your plans call for 2 inch water service lines. Lines running through subsurface disposal beds shall be placed in protective (water class) pipe. Mr. Steven Ricks June 29, 1994 Page 2 Any major changes or changes that would result in violations of Idaho regulations must be reviewed by this office prior to construction. This office must also be informed of construction scheduling so that spot inspections can be made as necessary. Construction must be done under the supervision of an Idaho registered professional engineer. Within thirty days after construction, this engineer must provide as -built plans or a letter of certification stating that the project was installed substantially according to the approved plans. Sincerely, Bill Freeman Water Quality Engineering Specialist cc: Central District Health Department Gary D. Smith, City of Meridian Rick Cummings, Hubble Engineering Michael A. Smith, DEQ-SWIRO Source File Ail Reading File � �N AFF Gr 9N HUBBLE ENGINEERING INC. Qy 9550 Bethel Court ■ Boise, Idaho 83709 208/322-8992 . Fax 208/378.0329 Project No. 9304801 DESCRIPTION FOR MIDTOWN SQUARE COMMERCIAL PARK, A SUBDIVISION A PORTION OF THE NEI/4, SECTION 12, T.3N., RAW., B.M., MERIDIAN, ADA COUNTY, IDAHO May 11, 1994 A parcel of land lying in a portion of the NE1/4 of Section 12, T.3N., RAW., B.M., Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the brass cap marking the section corner common to Sections 6 and 7, T.3N., R.1 E., B.M., Section 1 and the said Section 12; thence South 89049'10" West 2655.28 feet along the Northerly boundary of the said NEI/4 of Section 12, which is also the centerline of West Cherry Lane, to a brass cap marking the one-quarter corner common to the said Sections 1 and 12; thence North 89049'10" East 672.71 feet along the said Northerly boundary of the NE1/4 of Section 12 to an iron pin; thence South 0017'50" East 40.00 feet to a 2 -inch galvanized iron pipe marking the real point of beginning (initial point) of Midtown Square Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book of Plats at pages _. and _, also said point being the REAL POINT OF BEGINNING (INITIAL POINT); thence North 0017'50" West 40.00 feet to a point on the said Northerly boundary of the NE1/4 of Section 12; thence along the following courses and distances to iron pins: North 89049'10" East 402.29 feet along the said Northerly boundary of the NEI/4 of Section 12; thence South 0017'50" East 48.78 feet; thence South 29°24'05" East 161.59 feet; thence South 47°58'50" East 156.60 feet to a point marking the Northeast corner of Lot 5 of Block 1 of the said Midtown Square Subdivision; Midtown Sq. Comm. Pk. Page 1 of 2 Project No. 9304801 May 11, 1994 thence along the Northerly boundary of the said Midtown Square Subdivision the following courses and distances: South 89°49'10" West 464.33 feet to a point of beginning of curve; thence Northwesterly along a curve to the left 37.38 feet, said curve having a central angle of 9°31'03", a radius of 225.00 feet and a long chord of 37.33 feet bearing North 48°08'44" West to a point of tangent; thence North 52054'15" West 46.74 feet to a point of curve; thence Northwesterly along a curve to the right 205.24 feet, said curve having a central angle of 52°43'25" a radius of 223.04 feet and a long chord of 198.08 feet bearing North 26032'33" West to a point of tangent; thence North 0°10'50" West 4.22 feet to a point of curve; thence Northeasterly along a curve to the right 31.42 feet, said curve having a central angle of 90000'00", a radius of 20.00 feet and a tong chord of 28.28 feet bearing North 44°49'10" East to a point of ending of curve, also said point being the point of beginning, comprising 3.04 acres, more or less. RDC/DTP/G LR/mf/507. des Midtown Sq. Comm. Pk. Prepared by: NUBBLE ENGINEERING, INC. D. Terry Peugh, P.L.S. Page 2of2 — 5-94 TUE 15:07 BTE POTOMAC FAX N0,_ 2083775861 P.01/01 :rtia� ;. FOR VALl''E AF.CR1%TD. ALICE C. ?AGK. Truscee of the Pack rawly T-uat. etatvd Dacember 8. 1989. tta Grantor. okes twruby ,Kranr, hArgaln. sell and ccntvy unco S'LE-T-N K. R:c!cr. %Ease -+ati:rq acesras :s 'f0 Y. 4th street suite 300. Boise. Io 931!'?_ t,* !:ranee. the fnilowing described pdtih remises. cg-wlt: IN 410 CCWIN Cf ADA, 9TAU CP L -%,HL 12, Sae":=r�3 at me 1 TornshiP 3 :forth 3a, • north bcundary of au'd sectio .�esc' tt:Oncef 3. E,7•�ie �. si_�cg Lr� read 534.3 ' to s Point the 2 and $;8"e center Size Cr ccu.ty ,ae� • `g 5:' �- a:ond ri:y north bcL=&.-• al Po r.,. °' bcglr».iay C:.rrce :d center lire X44.7 feet to a:l oC said Section ;2 and a«:r.� feet .o a w.;. in a F r_t; %t:_ace 3. ..2' I.I. ee,� said irr'_ at, n it:igaticp ditch; t.:tr„^e S. •%,44F _ Ciro 441d trC4 j tCQ Ceti tj a 11C:::, ti C ::a S. : oa==cn ditch 200 f =• iG.a �Ct t� a pnt ._ a Point; treaca S.A. :ee't to a PC, ::ar. a,Y. t42� i.•.c' '.. ;_.. Dame Or irrld3t;GG dilC.-. Ch Y,• �'C..'� tae. L:, a rent :;r?,gat*GG d1z.-n 12991 �t'er 1 -� -5 '�. s_zna cuc6 c: �.c -5C .. to i.;e rxaePt reads and ditC:taa. 10 KAt'L AND M M7D WE said prerdnes• with -!*Lr agrrsr :vrarcre 'into the said Graneee, his heirs and assigns forever. And the amid, ,rr cor does hereb;r covert to and -dth ttx said t;r.v:tee. t --It v'w :v the owner !n fee elcple of said pre.:jsesc cont said prwases are ;:t# f:cc all enarbraaces and that she will &arrant and &!end the i ve fmm all lawful ciaion Qutscover. Dated this 21se day of July, 1993. 9358673 ee �.. Fack,. tuacee RECO^. '93 JUL 23 t1h 1102 t - Zk INSMUMENT No. QUITCLAIM DEED .., For value Received STEVEN K. RICKS ' do haeby =max release, remise and forever quit claim .w� B93-21761 1604000603 unto STEVEN X. RICKS AND MARGARET S. RICKS. HUSBAND AND WIFE - - - the following described pe a nisM town: SEE EMIDIT A ATTACHED HERETO AND MADE A PART HEREOF. together with their appurtenances. Dated: Sept. 13. 1993 STATE OF IDAHO, COUNTY OF Ada On" /$ dayof Sept. ,1993 , before y „a„pl;�,i id State, personally a Kn dt;dVQ0 G "I?cka M�ytgCC�^i�ntiLs 3-I5-97. known- W�tmttob8t�iippeir on who3e name is subscribed to the within instrument, and acknowledged to me that he executed the same. Notary public Residing at Boise. Idaho Comm. Expires 8-15-97 376b03 BOISE TITLE b ESCROW RECORDEE BY • '93 SEP 16 P" 12 01 Steven K. Ricks SPATE OF IDAHO, COUNTY OF I hereby certify that this instrument was filed for record at the request of at minutes past o'clock m., this day of 19 , in my office, and duly recorded in Book of Deeds at page By — Few f Mail to: Ex -Officio Recorder Deputy. 00 , -•�, +�' }, � µ� EXHIBIT d Portion of the Northeast quarter of Section 12; Township 3 North, Range 1. West; Boise Meridian M4,Couuty,lIdaho, more particularly. described as follows:,. . s4 ;,. Heginniaglat the uarter corner between Sections I'and 12, Township 3 xorth Nest; thence.„Range'1 s s< South 89'51•, East along tbe,Nortb boundary of said Section 12 and along center line of '.,.county, road,. 534.3 feet; to a point, the REAL- POINT OF BEGINNING; thence . ?South 89051 , East°along;,,tbe North bound, 7 , boundary of said Section 12 and along said center line „M 54C7ieet for a point,': thence. r k•4'�'<<Sonth O'02'West 48.4ieetto ,``point: in an irrigation ditcb•'tbeace +, South; Z9 04.1/2” Ea” along said irrigation ditch 161.6 feetto a point; thence Sonth,47'398, ong said irrigation ditch 268.0 feet to a points thence ;'140uth,49'51•E?East 39.4 -feet to a point; South;0'02': West 788.'9 feet to apoint; thence thence w ':North 89'42• West 157. feet to a point; thence South 0'021 West 70.0 feet to a point; thence North, 89.421. West 298.08 feet to a point on bank of irrigation ditch; thence 'North,180051 West along bank of said irrigation ditch 1,291.50 feet to the REAL POINT OF BEGINNING. 'Subject to Ditch and Road.Rights of Ways. EXCEPT therefrom: A parcel of land lying in the Northwest quaater of the Northeast quarter of Section 12, Township 3 North, Range 1 West, described as follows: Boise Meridian, Ada County, Idaho and more particularly Beginning at the North quarter corner of the said Section 12; thence South 89'26146" East 1,075.00 feet along the Northerly boundary of the said Northeast ,.quarter.ofSection 12, which is also the center line of CHERRY LAMB, to a point; thence .> ' 'South::0'26146 .East 25.60 feet along a line 316.00 feet Westerly of and parallel to the centerline of West Fourth Street to a point, also said point being the REAL POINT OF BEGINNING; thence continuing South 0'26.46" East 15.00 feet along a line 316.00 feet Westerly of and parallel to the said center line of West Fourth Street to a point; thence North 89'26'46" West 527.00 feet along a line 40.00 feet Southerly of and parallel to the said Northerly boundary of the Northeast quarter of Section 12 to a point; thence North 17'40146" West 15.79 feet to a point; thence South 89'26146" East 532.51 feet along a line 25.60 feet Southerly of and parallel to the said Northerly boundary of the Northeast quarter of Section 12 to the POINT OF BEGINNING. y 1 , INSTRUMENT Na 100, QUITCLAIM DEED 1613000098 Y STEVEti t. RICKS AND MARGARET S. RICKS, HUSB.ALND AND WIFE - - - 1 4 haleb7 cnvem release. remise and forever quit claim CARL I' BAKER AND KATHLEEN BARER, HUSBAND AND WIFE AND STEVEN K. RICKS AND HARGARET unto RICKS, HUSBAND AND WIFE - - - the r4 m%11om►ing dewribed pimmises, to wit:^cJ:�o f i . rqi -- �` , 6t_Z u 3Cc) V C>itA' Cts.^ �r�s SEE ®IBI? A ATTACHEDHUMAND MADE A PART HEREOF - - - ,_ j t BOISE TITLE . .. ESCRnu together rritb their appurtenances. Dated: Sept lr29, 1993 Steven K. Ricks STATS OF IDAHO. COUNTY OF Ada * 0" d" 29th day ofSept. .1993 o beton nak a notary public in and for said State, peraooally appeared .... . Steven K. Ricks known tq. b b� i!u peisoa �:) who8e name is subscribed to the within instrument, and acknowledged to me th .t lie executed the same. rI j r ' / Notary Public Residing . a Idaho Comm. Expires 8-15-97 �4uwxs, ACn ' :. TCORLER J. DAVID :.gyt.pijO BOISE I'J n3 OCT Pl�i H 4 FEE �, OEP RECORDcD A; ;:iE REQUEST OF Margaret S. Ricks by Steven K. Ricks her attorney in fact ACKNOWLEDGEMENT — Attorney in Fan sTATEOF.... Idaho........... Countyof.... Ada ....... . ...... ss On this ...29th . T in she year of ..... ..I9.90.AT..H ?JfNet�1Zh]uund signed. a�JotanPublicinandforsai tatyphfilI��..Ricks .c.�'10".4� .......... Lrown or identified me tis subscribed to the withininsturment.q 'OtSiy x+�#[�13argarirglS, -Ric ks ................ tptn�al.• 5c'. !n ........... . thereto as principal, n 14P own name as attomcy in fact. Signa ... ..... Name:....... t by . t Z ....... ... ... ... .... .. . .... Raiding at:... Boise .................................. .. .. . My commission expires: ..... 8-1.5-97................ .. *Er ne. a-�.:; 1r s+.f}1: ,. _ .. yV OW &a 'f Y . r 1s1300o099. F ,T rzr . EaEOUr W y N y S , t ,..F a, •.f yid.. ai�Y t 6 tyrrY A portion of the Northeast quarter; of Section 12,' Township 3 North, Ran4e l West, Boise: ,Y Meridian. Ad* County, Idaho, more pazticularly described as follows s, ' .:.Beginning at the quarto - corner between Sections i'sAd 32, Township 3 North, Range 1 i West; thence South 89"51' East: along the North boundary of said Section /2 and along center line of. county road. S34.3 feet to a point, the REAL POINT OF BEGINNING; thence South 89.51' East along the North boundary of said Section 12 and along said `canter line t> 540.7 feet to a point;, thence South 0.02' West 48.4 feet to a point in an irrigation ditch; thence South 29.04 1/2" East along said irrigation ditch 161.6 fact to a point; thence South 47.39' East along said irrigation ditch 268.0 feet to a point; thence South 89•51''East 39.4 fest to a poet; thence a: South 0.021• West 788.16 feet to a point; thence North 89.42' West 157.5 feet to a point; thence South 0.02' West.70.0 feet to a point; thence North 69.42' West 298.08 test to a point on bank of irrigation ditch; thence North 18.05' West along bank of said irrigation ditch 1,291.50 feet to the RW. POINT OF BEannn:Nd. Subject to Ditch and Road Rights of gays. EXCEPT therefrom: A parcel of land lying in the Northwest quarter of the Northeast quartet of Section 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho and more particularly described as follows: Beginning at the North quarter corner of the said Section 12; thence South 89.261460 East 1,075.00 feet along the Northerly boundary of the said Northe-st quarter of Section 12, which is also the center line of.CBERRY-LANG, to a point; thence South 0.26'46" East 2S.00 feet along a line 316.00 feet Westerly of and parallel to the centerline of West Fourth Street to a point, also said point being the NEAT POINT OF BEGINNING; thence continuing South 0.26146" East 15.00 feet along a line 316.00 feet Westerly of and parallel to the said center line of West Fourth Street to a point; thence North 89.26.46" West 527.00 feet along a line 40.00 feet Southerly of and parallel to the said Northerly boundary of the Northeast quarter of Section 12 to a point; thence Forth 17.40.46" West 15.79 feet to a point; thence South 89.26'46" East $32.51 feet along a line 25.00 feet Southerly of and parallel to the said Northerly boundary of the Northeast quarter of Section 12 to the POINT OF t Y BEGINNING. 1 t�aD!"•'�iw:ti.+�fq.�N ''jij►a(o�gh►'i16;�h(' +tvi ,,1. yy��'''' vb ,''�•iF?lm�m .�iJP �' .t�M�.'P.SPF'C'%TVT•+F!'!�,A'.Y4..4?1.,`tiMs+,YC'.•':.i �i..lr4:Ky'. Fcrm 4 ICO Be: S AFFIDAVIT AUTHORIZING CHANGE ON MIDTOWN SQUARE PARK STATE OF IDAHO ss COUNTY OF ADA #J a L trLi F c I, D. Terry Peugh, a Professional Land Surveyor, licensed by the State of Idaho, do hereby certify that Midtown Square Park Subdivision recorded in Book 68 of Plats, Pages 6971- 6972 as recorded in the office of the Ada County Recorder, Boise, Idaho, as Instrument No. 95002361, on the 12th day of January, 1995, was made by me. Since the date of recording a street name error has been discovered. This affidavit is for the purpose of authorizing the Ada County Recorder to make notation on said plat correcting this error in compliance with the approved street names for Midtown Square Subdivision as approved by the Ada County Street Name Committee on August 26, 1993. The street name "W. Crestmont Way" should read "N. Crestmont Drive" D. Terry Peugh, P.L.S. Idaho Certificate No. 4431 ACKNOWLEDGEMENT 4431 \O 9� GP _tQAp� Psi On this 17th day of January, 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared D. Terry Peugh, known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my had and affixed my official seal, the day and year in this certificate first above written. " Tota Public for Idaho a. S Lkesiding at Boise, Idaho • %��®6�,v�a 9k 1%01 4i My Commission Expires: JAN 13 '95 15:06 PAGE.001 POW4r Fax NOW 7871 bate ► 1 • TO tient Com Co. P1wne R P/iMB # Comment shed for rope PWk SOW 1-3-95 f 1) Since the plat will not be rid wrW 1995, the date at the title should be changed to 1995. The note at the Initial Point Monument shoulld read "accept d and used" as thep-1-1/2) Initial Pod Maaomart - to indicate you believe it meets the code requirements for sine, materials, etc. 3) The nate at the existing 151 US West easement was not completed (instrument no. omitted. (� �4) W. Crestmont "Drive" sboW be "Way". 5) Field dbe* r (12-28-94): OK 6) See recorded vabument #940'75584 - the Rickles and Bribers deeded most (tett sot all) of the property to SR2 Development canny, so SR2 Development Company also needs to sign the plat, if you have any questions, comet David Wells at 364-2277. If you make a new mylw - also return the use we checked, plow mark it VOID. 1995 i ** TOTAL PAGE.001 ** LQ j O O O FnE5 J L.� O 0 W � � zz WZ) _o zF—Q C) N Q LLI � Q Z Q U O — O 1=- J ULjLj W (/) :m . n c z N Z U. m� �a W U N �I'R I : ,OL'8+ 1 3 -.09'LLOO S - M ,Z0.0 S) �3 �o gzg� m00 to N In In cv z Z 2 Wo L Z- rn (z,� N J m m m D • ,00•oti I �f I Li I NI N W Z I NI g Izgg Dau a5 C.) I Z ar I c zz 3 C7 aIL Z �a W W Z �i O W 1 m 0 z OD Of) 0� =) %WO (q coZaQ a 0 v Z Q. NWW Jo a! 01. rrin-i I � 7d I Iil) I ru�7 I I N I'"" 1 1111 I Fig o� I i it I a�e, I I Iil I d' I I II I � In � .00roa -rl I 11 �I I I 11I�1 I I III �I I I 11 I I I 111 �gl I I 11 �I I I 11 �I I O I I11 ZI I Q I 11 I I m• .00•9L-4 Q� i� lil II t✓� I� 11,1 I I 1� %0 O I g I I I 1 I ce C4 01 Z Y� 0 U) Lf) 10 .00 oa—� 14 v0 I I 0 I I I X0c !� oo•0r n �� J �( 49 S N o. 3 N • �� AK �� WOZ i cg oc�i• �,`� _ =3 0 �s oEgo Q W I z s `� Zi Vu;20 � s <�$ Q °a W < •. � I 7 6 39g Wm �oyq� m; 30 W` \\Q J:E �sQ 4W1 <F F- 6,1 p 01. rrin-i I � 7d I Iil) I ru�7 I I N I'"" 1 1111 I Fig o� I i it I a�e, I I Iil I d' I I II I � In � .00roa -rl I 11 �I I I 11I�1 I I III �I I I 11 I I I 111 �gl I I 11 �I I I 11 �I I O I I11 ZI I Q I 11 I I m• .00•9L-4 Q� i� lil II t✓� I� 11,1 I I 1� %0 O I g I I I 1 I ce C4 01 Z Y� 0 U) Lf) 10 .00 oa—� 14 v0 I I 0L I I I U oo•0r �� J �( S N o. 3 N • �� AK �� WOZ i cg oc�i• �,`� _ =3 0 �s oEgo Q W Z S� Z `� Zi Vu;20 � s <�$ Q °a W < •. O �A Z Q � W _rl 7 6 39g Wm �oyq� m; 30 W` \\Q J:E �sQ 4W1 <F F- 6,1 p T W t,MUSE 9 •• i2 a aQ 0S 11 F+ 01 ' tv I- f' 6iFm� W a= < ' . F N-3 CiVOA ?m 0L AMENDED ORDINANCE NO. 607 AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS A PORTION OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, 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 amend and change the zoning from R-4 Residential to R-8 Residential, for the following described parcel: A parcel of land lying in a portion of the NE 1/4 of Section 12 , T. 3N. , R. 1W . , B. M. , Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the brass cap marking the section corner common to Sections 6 and 7, TAN., R.1E., B.M., Section 1 and the said Section 12; thence South 89°49,10" West 2655.28 feet along the Northerly boundary of the said NE 1/4 of Section 12, which is also the centerline of West Cherry Lane, to a brass cap marking the one-quarter corner common to the said Sections 1 and 12; thence North 89°49110" East Northerly boundary of the NE pin; 672.71 feet along the said 1/4 of Section 12 to an iron thence South 0°17150" East 40.00 feet to a 2 -inch galvanized iron pipe marking a point of beginning of curve, said point being the REAL POINT OF BEGINNING (INITIAL POINT); thence along the following courses and distances to iron pins; Southwesterly along a curve to the left 31.42 feet, said curve having a central angle of 90°00,00", a radius of 20.00 feet and a long chord of 28.28 feet bearing South 44°49110" West to a point of tangent; thence South 0°10150" East 4.22 feet to a point of curve; thence Southeasterly along a curve to the left 205.24 feet, said curve having a central angle of 52043,2511, a radius of 223.04 feet and a long chord of 198.08 feet bearing South AMENDED ORDINANCE/RICKS-MIDTOWN SQUARE Page 1 26°32'33" East to a point of tangent; thence South 52°54115" East 46.74 feet to a point of curve; thence Southeasterly along a curve to the right 37.38 feet, said curve having a central angle of 9°31'03", a radius of 225.00 feet and a long chord of 37.33 feet bearing South 48°08144" East to a point of ending of curve; thence North 89°49110" East 464.33 feet; thence South 47°58150" East 110.85 feet; thence North 89049110" East 40.28 feet to a point on the centerline of 4th Street; thence South 0°22110" East 788.17 feet along the said centerline of 4th Street; thence South 89°58110" West 158.95 feet; thence South 0017150" East 70.00 feet; thence South 89058'10" West 298.44 feet to a point on the Bank of the Hunter Lateral; thence North 18023'22" West 1291.07 feet along the said Bank of the Hunter Lateral to a point on the said Northerly boundary of the NE 1/4 of Section 12; thence North 89049'10" East 138.41 feet along the said Northerly boundary of the NE 1/4 of Section 12; thence South 0017150" East 40.00 feet to the point of beginning. be, and the same is rezoned from R-4 Residential to R-8 Residential, and Section 11-2-425, Official Zoning Maps is hereby amended to reflect the same; and the real property which is described as follows: A parcel of land lying in a portion of the NE 1/4 of Section 12, T. 3N. , R. 1W. , B. M. , Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the brass cap marking the section corner common to Sections 6 and 7, T.3N., R.M., B.M., Section 1 and the said Section 12; AMENDED ORDINANCE/RICKS-MIDTOWN SQUARE Page 2 thence South 89°49,10" West 2655.28 feet .along the Northerly boundary of the said NE 1/4 of Section 12, which is also the centerline of West Cherry Lane, to a brass cap marking the one-quarter corner common to the said Sections 1 and 12; thence North 89°49110" East 672.71 feet along the said Northerly boundary of the.NE 1/4 of Section 12 to an iron pin; thence South 0°17,50" East 40.00 feet to a 2 -inch galvanized iron pipe marking the real point of beginning ( initial point) of Midtown Square Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book_ of Plats at pages and , also said point being the REAL POINT OF BEGINNING (INITIAL POINT); thence North 0°17150" West 40.00 feet to a point on the said Northerly boundary of the NE 1/4 of Section 12; thence along the following courses and distances to iron pins; North 89049,10" East 402.29 feet along the said Northerly boundary of the NE 1/4 of Section 12; thence South 0017,50" East 48.78 feet; thence South 29024,05" East 161.59 feet; thence South 47°58,50" East 156.60 feet to a point marking the Northeast corner of Lot 5 of Block 3 of the said Midtown Square Subdivision; thence along the Northerly boundary of the said Midtown Square Subdivision the following courses and distances: South 89°49,10" West 464.33 feet to a point of beginning of curve; thence Northwesterly along a curve to the left 37.38 feet, said curve having a central angle of 9°31,0311, a radius of 225.00 feet and a long chord of 37.33 feet bearing North 48008144" West to a point of tangent; thence North 52°54,15" West 46.74 feet to a point of curve; thence Northwesterly along a curve to the right 205.24 feet, said curve having a central angle of 52043,25" a radius of 223.04 feet and a long chord of 198.08 feet bearing North 26°32133" West to a point of tangent; thence North 0010150" West 4.22 feet to a point of curve; AMENDED ORDINANCE/RICKS-MIDTOWN SQUARE Page 3 thence Northeasterly along a curve to the right 31.42 feet, said curve having a central angle of 90°00,0011, a radius of 20.00 feet and a long chord of 28.28 feet bearing North 44049110" East to a point of ending of curve, also said point being the point of beginning. be, and the same is rezoned from R-4 Residential to LO Limited Office, and Section 11-2-425, Official Zoning Maps is hereby amended to reflect the same. Section 2. That the Findings of Fact and Conclusions of Law adopted by the City Council on the rezone application for the land described in Section 1 above include terms and conditions for the rezone of the rezone of the above described property and they shall be met. Section 3. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this day of 1994. AMENDED ORDINANCE/RICKS-MIDTOWN SQUARE Page 4 4.' iCli Doom MAYOR -- GRANT P. KINGSFORD ATTEST: CITY CLERK -- WILLIAM G. BERG, JR. STATE OF IDAHO,) ss. County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS A PORTION OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE -MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No. 607 , by the City Council and Mayor of the City of Meridian, on the day of , 1994, as the same appears in my office. DATED this day of 1994. City Clerk, City of Meridian Ada County, Idaho AMENDED ORDINANCE/RICKS-MIDTOWN SQUARE Page 5 . �' r STATE OF IDAHO,) • ss. County of Ada, ) On this day of , 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared 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 AMENDED ORDINANCE/RICKS-MIDTOWN SQUARE Page 6 AMENDED ORDINANCE NO. 607 AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS A PORTION OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, 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 amend and change the zoning from R-4 Residential to R-8 Residential, for the following described parcel: A parcel of ground located on the Northeast quarter of Section 12, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and is more particularly described as follows: Commencing at the quarter corner common to Section 1 and 12, T.3N., R.1W., thence South 89°51100" East along the North boundary of said Section 12 and along the centerline of Cherry Lane 534.30 feet to a point; thence South 0°02'00" West departing the North boundary of said Section 12 and the centerline of Cherry Lane 48.40 feet to a point; thence South 29°04130" East 161.60 feet to a point; thence south 47°39100" East 157.16 feet to a point, said point being the POINT OF BEGINNING. Thence continuing South 47°39100" East 110.84 feet to a point; thence South 89°51100" East 39.40 feet to a point; thence South 0°02100" West 788.18 feet to a point; thence North 89°42100" West 157.50 feet to a point; thence South 0002100" West 70.00 feet to a point; thence North 89042100" West 298.08 feet to a point; thence North 18°04127" West 980.62 feet to a point; thence South 89051100" East 639.00 feet to a point, said point being the POINT OF BEGINNING. And to amend and change the zoning from R-4 Residential to AMENDED ORDINANCE/RICKS-MIDTOWN SQUARE Page 1 LO, Limited Office for the following described parcel: A parcel of ground located in the Northeast quarter of Section 12, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the quarter corner common to Sections 1 and 12, T.3N., R.1W., thence South 89°51'00" East along the North Boundary of said Section 12, and along the centerline of Cherry Lane 534.30 feet to a point, said point being the POINT OF BEGINNING. Thence continuing South 89°51'00" East along the North boundary of the said Section 12 and the centerline of Cherry Lane 540.70 feet to a point; thence South 0°02100" West 48.40 feet to a point; thence South 29°04'30" East 161.60 feet to a point; thence South 47°39100" East 157.16 feet to a point; thence North 89°51100" West 636.00 feet to a point; thence North 18 ° 04 ' 27 " West 310.58 feet to a point on the North boundary of the said Section 12 and the centerline of Cherry Lane, to the POINT OF BEGINNING. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the aforementioned real property which is described as follows: Commencing at the quarter corner common to Section 1 and 12, T.3N., R.1W., thence South 89°51,00" East along the North boundary of said Section 12 and along the centerline of Cherry Lane 534.30 feet to a point; thence South 0°02'00" West departing the North boundary of said Section 12 and the centerline of Cherry Lane 48.40 feet to a point; thence South 29°04'30" East 161.60 feet to a point; thence south 47°39,00 East 157.16 feet to a point, said point being the POINT OF BEGINNING. Thence continuing South 47°39100" East 110.84 feet to a point; thence South 89°51'00" East 39.40 feet to a point; AMENDED ORDINANCE/RICKS-MIDTOWN SQUARE Page 2 thence South 0°02100" West 788.18 feet to a point; thence North 89°42'00" West 157.50 feet to a point; thence South 0°02100" West 70.00 feet to a point; thence North 89042100" West 298.08 feet to a point; thence North 18004127" West 980.62 feet to a point; thence South 89051'00" East 639.00 feet to a point, said point being the POINT OF BEGINNING. be, and the same is rezoned from R-4 Residential to R-8 Residential, and Section 11-2-425, Official Zoning Maps is hereby amended to reflect the same; and the aforementioined real property which is described as follows: A parcel of ground located in the Northeast quarter of Section 12, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the quarter corner common to Sections 1 and 12, T.3N., R.1W., thence South 89°51'00" East along the North Boundary of said Section 12, and along the centerline of Cherry Lane 534.30 feet to a point, said point being the POINT OF BEGINNING. Thence continuing South 89051'00" East along the North boundary of the said Section 12 and the centerline of Cherry Lane 540.70 feet to a point; thence South 0102'00" West 48.40 feet to a point; thence South 29°04'30" East 161.60 feet to a point; thence South 47°39100" East 157.16 feet to a point; thence North 89°51100" West 636.00 feet to a point; thence North 18°04127" West 310.58 feet to a point on the North boundary of the said Section 12 and the centerline of Cherry Lane, to the POINT OF BEGINNING. be, and the same is rezoned from R-4 Residential to LO Limited Office, and Section 11-2-425, Official Zoning Maps is hereby AMENDED ORDINANCE/RICKS-MIDTOWN SQUARE Page 3 amended to reflect the same. Section 2. That the Findings of Fact and Conclusions of Law adopted by the City Council on the rezone application for the land described in Section 1 above include terms and conditions for the rezone of the rezone of the above described property and they shall be met. Section 3. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this day of 1994. APPROVED: MAYOR -- GRANT P. KINGSFORD ATTEST: CITY CLERK -- WILLIAM G. BERG, JR. AMENDED ORDINANCE/RICKS-MIDTOWN SQUARE Page 4 STATE OF IDAHO,) : ss. County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS A PORTION OF THE NORTHEAST QUARTER OF SECTION 120, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE -MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No. 607 , by the City Council and Mayor of the City of Meridian, on the day of , 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 day of , 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 AMENDED ORDINANCE/RICKS-MIDTOWN SQUARE Page 5 BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION STEVEN K. RICKS REZONE APPLICATION A PORTION OF THE NE QUARTER OF SECTION 12, T 3 N., R. 1 W. MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing May 11, 1993 at the hour of 7:30 o'clock p.m., the Petitioner appearing through Dan Torfin of Hubble Engineers, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter, makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Rezone Application was published for two (2) consecutive weeks prior to the said public hearing scheduled for May 11, 1993, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the May 11, 1993, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; 2. That this property is located within the City of Meridian and is owned by the Applicant and which property is described in the application which description is incorporated herein; that the property is presently zoned R-4 Residential; the FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 1 area surrounding where Applicant's property is located, is developed as a residential area and the property to the south, east and west is almost entirely developed as R-4 type residences; the property itself has been used agriculturally. 3. The R-4 zone is the zone that was placed on the property at the time that the 1984 Zoning Ordinance was adopted by the City of Meridian; that the zoning of the property prior to 1984 was "A" Residential; that the Applicant proposes to now have the property zoned R-8 Residential; that the Applicant submitted a proposed preliminary plat for the land; according to the preliminary plat the apparent purpose of the rezone is to allow smaller frontage on the lots and some lots are less than 8,000 square feet. 4. That the subject parcel contains approximately 16.406 acres of land; that the request for rezone is to change the existing R-4 zone to LO (Limited Office) for approximately 2.89 acres abutting Cherry Lane and to R-8 for 13.5 acres of the balance of the land. 5. That the R-4 District and the R-8 District are described in the Zoning Ordinance, 11-2-408 B. 1 and 2 as follows: 1R-41 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 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 and Sewer systems of the City of Meridian. (R-8) MEDIUM DENSITY RESIDENTIAL DISTRICT: The purpose of the (R-8) District is to permit the establishment of FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 2 single and two (2) family dwellings ata density not exceeding eight (8) dwelling units pre acre. This district delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two ( 2 ) family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal Water and Sewer systems of the City of Meridian is required. 6. Even though R-8 zoning is requested, the Applicant lists the density as 3.00 dwelling units per acre on the Application for preliminary plat which was submitted in conjunction with this rezone request. 7. The significant difference between the R-4 and R-8 zoning is in the bulk and coverage requirements of the Zoning Ordinance; the R-8 Zone allows duplexes, 65 feet of street frontage and 6,500 square foot lots whereas the R-4 zone allows only single-family dwellings and requires 80 feet of road frontage and 8,000 square foot lots as a minimum; that the Applicant's representative indicated at the hearing that there would only be single family dwellings even though zoned R-8 and the Applicant so indicated in his application for preliminary plat approval. 8. That the property along West Seventh Street and along West 4th Street, which are properties to the west and east of the subject property, are much older areas and are developed at an R-4 density and most likely under the current R-4 requirements and such is the case with the abutting lots to the south; that the preliminary plat submitted does show lots that are on the average larger than the minimum 6,500 square feet for R-8 lots but the street frontage, on the average, only meets the R-8 requirement. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 3 9. That the subject property has been solely used in the past as agricultural ground with no development whatsoever; that it basically has been an undeveloped island in the midst of the City. 10. That there was testimony at the hearing objecting to the Application; some comments were just opposition, some comments relating to water problems and traffic, a comment relating to assurance that irrigation water would hopefully not be interfered with, and a comment that the person had an option on the land that had not been honored. 11. That the Applicant's engineer, Dan Torfin, indicated that the land would meet the R-8 requirements, that there would be density of 3.6 dwellings units per acre, which is contrary to the Application, and that the house size would be a minimum of 1,350 square feet; also Mr. Torfin stated that there was 47 planned single family lots. Application further requests zoning of (LO) Limited Office for the three lots on the north side of the proposed subdivision. 12. That comments were submitted by the City Engineer, Meridian Police Department, Meridian Fire Department, Nampa Meridian Irrigation District, Ada County Highway District, and the Meridian School District which comments are by this reference incorporated herein as if set forth in full; that comments may be submitted by the Central District Health Department and other governmental agencies and those comments, and if submitted, shall be incorporated herein as if set forth in herein. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 4 13 . That proper notice has been given as' required by law and all procedures before the Planning and Zoning Commission have been followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicants' property. 2. That the City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and state. 3. That the City of Meridian has authority to place conditions upon granting a zoning amendment. 4. That the City has judged this Application for a zoning amendment upon the basis of guidelines contained in Section 11-2- 416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial notice. 5. That 11-2-416 A of the Zoning Ordinance states, in part, as follows: "When the public necessity, convenience, general welfare or zoning and development practice require, the Council may FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 5 amend, supplement, change, or repeal' the regulations, restrictions, and boundaries or classifications of property as well as the regulations and provisions of this Ordinance. " 6. That 11-2-416 (K) of the Revised and Compiled Ordinances of the City of Meridian sets forth standards under which the City shall review applications for zoning amendments; that upon a review of those requirements and a review of the facts presented and conditions of the area,, the Planning and Zoning Commission specifically concludes as follows: (a) The R-8 zoning would be harmonious with and in accordance with the Comprehensive Plan since the property is included in the Warrior Neighborhood and no Comprehensive Plan amendment would be required. (b) The area is not intended to be rezoned in the future. (c) The area included in the proposed zoning amendment is intended to be developed in the fashion that would be allowed under the new zoning as the Applicant has submitted a proposed subdivision plat of the entire area and it shows development to meet the requested rezoning of R-8 and Limited Office. (d) There have been recent changes in the area or adjacent area which dictate that the area requested to rezoned to LO (limited Office) should be so rezoned.' These changes have been the rezone of land for a day care facility, the rezone for the office on the corner of Cherry Lane and Crestmont, and the rezone for the dental practice which was established at the corner of Northwest Eighth Street and Cherry Lane. There have been no changes in the area relating to the requested rezone to R-8 Residential and most of the surrounding area.is developed in the R-4 fashion. (e) That the property, designed in an R-8 fashion and under R-8 requirements and limitations, is not designed so as to be harmonious with the surrounding area, which is developed in the R-4 fashion. The R-8 development would not be harmonious or consistent with the surrounding R-4 residential development. The portion of the property requested to be rezoned to Limited Office would be harmonious with existing limited office development along Cherry Lane; however, a buffer of some FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 6 kind must be placed between the residential lots, whether they be R-4 or R-8 lots, and the limited office zone. (f) The R-8, or R-4, use and the LO zone and its use would not be hazardous to the existing or future uses of the neighborhood and should not be disturbing to the property owners in the adjacent residential areas if appropriate buffering is put in place. (g) The property would be able to be adequately served with public facilities. (h) The R-8 zone, if granted, and the LO uses and development would not create excessive additional requirements at public cost for public facilities and services and would not be detrimental to the economic welfare of the community. (i) The R-8, if granted, and LO zones and developments should not involve a use detrimental to the existing .residential area or the general welfare of the area. (j) Development of the limited office should not cause an increase in vehicular traffic over and above what the traffic increase would be if developed as R-4 since it is presently designed to flow immediately to Cherry Lane and not through the subdivision, however, as noted in the comments of the City Engineer the access must be redesigned in the northwest section of the property. The development at the R-8 would increase the traffic over and above what the traffic would be if developed at the existing zoning of R-4 because there would be more lots on the same size parcel of property. (k) That a rezone would not result in the destruction, loss or damage of any natural or scenic feature of major importance. (1) The proposed zoning amendment to rezone a portion of the land to Limited Office is in the best interest of City of Meridian but the rezone to R-8 from R-4 is not in the best interest of the city. 7. That Section. 11-9-605 M., PIPING OF DITCHES, of the Subdivision and Development Ordinance requires piping of ditches, canals and waterways and that ordinance shall be complied with as a condition of development of the limited office, and of FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 7 development of the residential at either the R-4 or R-8 zone. 8. It is further concluded that, upon development, the comments, recommendations and requirements of the other governmental agencies shall have to be met and complied with as would the ordinances of the City of Meridian. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COMMISSIONER HEPPER VOTED COMMISSIONER ROUNTREE VOTED COMMISSIONER SHEARER VOTED f_z� COMMISSIONER ALIDJANI VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RECOMgENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that the City Council approve the requested rezone of the land designed to be used for limited office and to deny the rezone for the land designed to be rezoned from R-4 to R-8• that as a condition of the rezones that the Applicant meet the terms and conditions of these findings of fact and conclusions of law, including the minimum house size of DO 11,350.00 square feet, and that the comments of the City Engineer, uan¢fid"" the water and sewer ordinances requirements, the fire and life FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 8 safety codes, the Uniform Building Code, and all other Ordinances of the City of Meridian be met and complied with, and the limited office construction shall be subject to design review and only single family dwellings shall be constructed in the R-4 District as indicated at the hearing and all irrigation facilities must be maintained suchJthey continue to deliver water as it was delivered prior to development and if there are irrigation canals, drainages or other means of conveying water, located on the property that they be tiled. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 9 RECEIVED J U L 1 8 1994 DEVELOPMENT COMPANY July 15, 1994 Shari Stiles Meridian Planning & Zoning Director Meridian City Hall 33 E. Idaho Avenue Meridian, Idaho 83642 Re: Midtown Square Comaercial Park aka Cherry Lane Center Dear Shari: Thank you for approving our request for a Pre -Construction Conference, and subsequent construction of the water and sewer lines for the Midtown Square Commercial Park. We do not anticipate any changes to the Final Plat by the City Council, as it was previously approved a year ago. We also met with you and Wayne Forrey last spring and obtained your approval on setbacks, parking, etc., on the layout of the office park. However, we accept the responsibility and cost of any changes which may be requested by the City Council or you, if we have not complied with platting or design and review standards of Meridian City. Again, we really appreciate your cooperation in allowing us to proceed with the Pre -Construction and Construction. Very truly yours, SR2 Develop,, Steven K. Ricks cc: Gary Smith, City Engineer Rick Cummings, Hubble Engineering Central Construction 200 N. 4TH ST. • SUITE 300 BOISE, IDAHO 83702 (208)386-9666 FAX (208) 344-3792 OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney /1 HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live RONALD R. TOLSMA CITY OF MERIDIAN MAXI CORRIE ALT W. MORROW 33 EAST IDAHO SHARI STILES MERIDIAN, IDAHO 83642 Planner & Zoning Administrator JIM JOHNSON Phone (208) 888-4433 • FAX (208) 887-4813 Chairman - Planning & Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 26, 1994 TRANSMITTAL DATE: 7/11/94 HEARING DATE: 8/2/94 REQUEST: Final Plat for Midtown Square Commercial Park BY: Steve Ricks LOCATION OF PROPERTY OR PROJECT: Crestmont and Cherry Lane JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P/Z _TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: r'P HUBBLE ENGINEERING, INC. 9 9550 Bethel Court ■ Boise, Idaho 83709 208/322-8992 ■ Fax 208/378-0329 do suRVEy�e July 5, 1994 Shari Stiles City Planner City of Meridian 33 E. Idaho Street Meridian, Idaho 83642 Re: Midtown Commercial Park Submittal Dear Ms. Stiles, In response to your request for further information. Items 1 thur 6 submitted, Item 7, as this is a commercial development all of the buildings are to be construcCed by the developer and leased to various tenants. The lease agreement is to take the place of the covenants. Item 8, five copies of the construction plans were submitted to the Public Works Department and have received approval. Approval letter submitted. If you need any further information please call. Thank you for your help in this matter. Sincerely, "-go 4AP Richard D. Cummings Project Manager HUBBLE ENGINEERING, INC. 9550 Bethel Court ■ Boise, Idaho 83709 9�0 SURVE�OQ July 5, 1994 Shari Stiles, City Planner City of Meridian 33 E. Idaho Street Meridian, Idaho 83642 RE: Midtown Square Commercial Park Dear Ms. Stiles, 208/322-8992 ■ Fax 208/378-0329 On behalf of Steven K. Ricks and Carl Baker, we hereby submit the final plat application for Midtown Square Commercial Park Subdivision. The final plat of Midtown Square Commercial Park is in accordance with the conditions of approval of the preliminary plat and the provisions of the City of Meridian Subdivision Ordinance. This limited office commercial subdivision is also in substantial conformance with the City of Meridian Comprehensive Plan, and conforms with all acceptable engineering and surveying practices and local standards. Existing sewer and water mains will be extended to serve this project. Streets, curbs, gutters, and sidewalks will be constructed to standards as required by the Ada County Highway District and Meridian City Ordinance. All sidewalks will be five (5) feet in width. Please confirm the hearing date on which this final plat will be heard by the Meridian City Council. Thank you for your time and consideration. If you have any questions, do not hesitate to call. Sincerely, Richard D. [DCmin Project Manager HUBBLE ENGINEERING, INC. `!/) 9550 Bethel Court ■ Boise, Idaho 83709 208/322-8992 ■ Fax 2=378-0329 O SURVE�� Project No. 9304801 May 11, 1994 DESCRIPTION FOR MIDTOWN SQUARE COMMERCIAL PARK, A SUBDIVISION A PORTION OF THE NEI/49 SECTION 12, T.3N., RAW., B.M., MERIDIAN, ADA COUNTY, IDAHO A parcel of land lying in a portion of the NE1/4 of Section 12, T.3N., R.1W., B.M., Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the brass cap marking the section corner common to Sections 6 and 7, T.3N., R.1 E., B.M., Section 1 and the said Section 12; thence South 89049'10" West 2655.28 feet along the Northerly boundary of the said NEI/4 of Section 12, which is also the centerline of West Cherry Lane, to a brass cap marking the one-quarter comer common to the said Sections 1 and 12; thence North 89049'10" East 672.71 feet along the said Northerly boundary of the NE1/4 of Section 12 to an iron pin; thence South 0017'50" East 40.00 feet to a 2 -inch galvanized iron pipe marking the real point of beginning (initial point) of Midtown Square Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book _ of Plats at pages — and _, also said point being the REAL POINT OF BEGINNING (INITIAL POINT); thence North 0017'50" West 40.00 feet to a point on the said Northerly boundary of the NE1/4 of Section 12; thence along the following courses and distances to iron pins: North 89°49'10" East 402.29 feet along the said Northerly boundary of the NEI/4 of Section 12; thence South 0017'50" East 48.78 feet; thence South 29°24'05" East 161.59 feet; thence South 47°58'50" East 156.60 feet to a point marking the Northeast corner of Lot 5 of Block 1 of the said Midtown Square Subdivision; Midtown Sq. Comm. Pk. Page 1 of 2 Project No. 9304801 May 11, 1994 thence along the Northerly boundary of the said Midtown Square Subdivision the following courses and distances: South 89049'100 West 464.33 feet to a point of beginning of curve; thence Northwesterly along a curve to the left 37.38 feet, said curve having a central angle of 9031'03", a radius of 225.00 feet and a long chord of 37.33 feet bearing North 48008'44" West to a point of tangent; thence North 52054'15" West 46.74 feet to a point of curve; thence Northwesterly along a curve to the right 205.24 feet, said curve having a central angle of 52043'25" a radius of 223.04 feet and a long chord of 198.08 feet bearing North 2603233" West to a point of tangent; thence North 0010'50" West 4.22 feet to a point of curve; thence Northeasterly along a curve to the right 31.42 feet, said curve having a central angle of 90000'00", a radius of 20.00 feet and a long chord of 28.28 feet bearing North 44°49'10" East to a point of ending of curve, also said point being the point of beginning, comprising 3.04 acres, more or less. RDC/DTP/GLR/mf/507.des Prepared by: NUBBLE ENGINEERING, INC. D. Terry Peugh, P.L.S. Midtown Sq. Comm. Pk. Page 2 of 2 JUL- 5-94 TUE 15:07 BTE POTOTAC _ FAX NO. 2083775861 P.01 FICA VALUE RFA7-t%'W. ALICE C. ?AGC. ;natee o: the prick :army 'Fust. datpt December 8. 1989. eta rrmror, doss hereby grana, bargatn. sell and Cenaey unto S1E'.T.4 K. R.ncy, moose-ytl:rq actress :s 'f0 Y. Atli Street, Suitt 300, Boise. Idaho 337^?. the !2 at:teer the inllaling described premises, to -wit: IN '4W CGURZY CF ADA. 9TATj QP MHC, =rr6: 12, bTownship 3 :Aorth, Ronne 1 rest; thOncet 3. E4•Si' _. Alun. rort d'j or au_d sectloq 22 and alo;.g center 32re cr cc rte: 534.'3 raez to a o s:.t� 2 E•o•9• i a int, the :eel poict or Coolr..Ing; W-wrce • =. a»�rd tied north bcv=&.-y of a" Se�t_cn 12 and a.:r- Sa:d Ccntar line 4,40.7 feet to a ;air.;; 0•C 1 e feet :o a oi.^^.: in a r r.:: tt:_a�e 9. 2 �. t2.s P n 1r said irri alien 3: : ie�atlep ditch; :.:@r,$e: S. 29';,L} �- o to .o .o Pett t2 c'^- ' vitab Sold :rridytian ► p •..• di, , t•.e:.:a �. ,j •*.ji a .ch 230.0 euL W • 4. point; treace 9. _.;•r• tnkncl S_r.l3tACv • . ��.�• �. ' tor,•L�.tr.Co�.=.- •.�J r• ..: tvdt Cc 9 po.nr. t� _--O S. 69*421 .. r = . baric or tae •• i • �'" • • �• 8Q L tz i P"" . lt•. ga,. Gr. d1.LC.hi .8:1:.� i ... .rrlgat:ca d1.,Cr_ 1291" � ;1. W. e-ona -arc c. sr.r. 29-•5C feet u'•.e red! •d- ExoePt reads arm ditC.'zre. M Fat'E AMU M WD WE said prerdses, with ;!*Lr atrrl:�era^Crs %x%to the said Grantee, his heirs and assiaas forever. And Elie Said ',ra eor does Aerebr eovermnt .o .r•..1 lith the said Gr.entot. that vier :w the 0 -mer !n fee staple of said prarLsesc that said premscs are :Ica face all enc-mbraaces, and that she will +.arrant and defend the r.ur frrm 1111 lawful elaiets whatsosveer. Dated :his Use day t -f July, 199]. • 9358673 K,qrr,e4;V to Mce RECO. '93 JUL 23 115'1 11 02 -T+rr-• INSTRUMENT No. QT I 1 V AIM DEED B93-21761 For Value lteceiveti , 1604000b03 STEM [. RICKS do hemby cone% release, remise and fibre er quit claim unto STEVEN K- RICKS AND MARGARET S. RICKS, HUSBAND AND WIFE - - – the following desaibed pretmisM to -wit: SEE EMIBIT A ATTACHED HERETO AND MADE A PART HEREOF. together with their appurtenances, Dated Sept. 13. 1993 STATE OF IDAHO, COUNTY OF Ada On thio /$ day of Sept. ,1993 before m.}ytltjj id State, personally a KA–dt dvaWV i?cks My CC•^•tnti,s,on = ,:'.,: 3-I5-97. knowPuMOVtobe8t%isepenon whoSe name is subscribed to the within instrument, and acknowledged to me that he executed the same. Notary Public Residing at Boise, Idaho Comm. Expires 8-15-91 X376603 BOISE TITLE & ESCROW J.DA"i_' RECORDEr. �i 60d '93 SEP 16 P1112 01 Steven K. Ricks STATE OF IDAHO, COUNTY OF I hereby certify that this instrument was filed for record at the request of at minutes past o'clock m., this day of 19 , in my office, and duly recorded in Book of Deeds at page By — Few i DWI to: Ex•Officio Recorder Deputy. 4.�'6I:ti��7 yf e4lr .F{ '�.�k; � i:.'c tai y `• �f Ff if' � 1 � `3(.^ ,�, ' M s r r.. t`•"�s .. 4 i '�'�.� �.. . .. ,..., h �, /■ 4 �~ T�(�Tblw••:..,. fn� t.tJ,e •Sa•.. w.f a 'r'S. tt�, "y, ,yj,.P' _ t. ` ;1. yr 1 ... i�0•006 O 04;f;' a rEXHIBIT `a`portion o! the Northeast • ,.� quarter of Section 12; Township 3 North, Range 1.West, Boise *r�, ^• Meridian, Jld fCounty,Jdaho,,more particularly described as follows: Beginning at the uarter corner between Sections rand 12, Township 3 North,.Range l' rT West;. thence.:... - �t South 89'51' East along the.North boundary of said Section 12 and alcug'center line of ,county; road,. 534.3 feet:to a'point, the REAL -POINT OF BEGINNING; the outh; 89'S1';East along:,the North boundary of: said Section 12 and along said center line �54fOetr, to"a point;. thence ',;� t ,� .x.67- Soutb' O002!�Yest' 48 44eeti to a' point- in' as irrigation 'ditch; thence South29 041/2"`East�slong;said Irrigation, ditch: 161:6 feet to a point; thence out. 7.! ;East along'said irrigation ditch.263.0 feet to a point; thence t�.F.•Sontht 89'51'«°East 39.4 feet to a point; thence Out h,0'02'-' West 788.'9 feet to a point; thence North'89'42' West 157. feet to a point; thence k, South 0'02' West 70.0 feet to a point; thence North -89'42• -West 298.08 feet to a point on bank of irrigation ditch; thence _,,:•;.'.`North 18'05' Vest along bank of said irrigation ditch 1,291.50 feet to the REAL POINT OF BEGINNING. :'Subject to Ditch and Road Rights of Ways. Kist .. ',;► :.'.:.. `- f•.. ._. , it. EXCEPT therefrom: A parcel of land lying in the Northwest quatter of the Northeast quarter of Section 12, Township 3 North, Range 1 Vest, Boise Meridian, Ada county, Idaho and more particularly described as follows: Beginning at the North quarter corner of the said Section 12; thence South 89026'46" East 1,075.00 feet along the Northerly boundary of the said Northeast ,.quarter of Section 12, which is also the center line of CHERRY LANE, to a point; thence 'South.0026146".East 25.00 feet along a line 316.00 feet Westerly of and parallel to the "centerline of west Fourth Street to a point, also said point being the REAL POINT OF BEGINNING; thence continuing South 0'26946" East 15.00 feet along a line 316.06 feet Westerly of and parallel to the said center line of Vest Fourth Street to a point; thence North 89'26146" West 527.00 feet along a line 40.00 feet Southerly of and parallel to the said Northerly boundary of the Northeast quarter of Section 12 to a point; thence North 17'40146" West 15.79 feet to a point; thence South 89'26146" East 532.51 feet along a line 25.00 feet Southerly of and parallel to the said Northerly boundary of the Northeast quarter of Section 12 to the POINT OF BEGINNING. ' 1 s INSTRUMENT No. � QUITO 1-61-3000098 }•��,.. LAIM DEED �; ��: • . 't , '�. �.�.,� Far Value Reoaved : `" �` :.;STEVElI K. RICKS AND MARGARET S. RICKS, HUSBAND AND WIFE - - - .1 `• do humby cmveM releaser remise and forever quit claim CARL K BAKER AND KATHLEEN BAKER, HUSBAND AND WIFE AND STEVEN K. RICKS AND MARGARET UA S. RICKS, HUSBAND AND WIFE - - - "'' ffie folkwing descn�ed premises, town: ^cc> r1. c/ - 'r • , 30� b0i St , C(C1 SEE EEDIBIT A ATTACHED HERETO AND MADE A PART HEREOF - - - Y rY�IC fl .rA�f �r''K.• �kTr .. � - �, "I Lt& y ACI, _UORLER J. DAVM ::A%/ARijO BOISE 10 "` to ff ee with their appurtemanom Datedc Sept r 29, 1993 Steven K. Ricks . STATS Of MAH06 COUNTY OF Ada 06tbia_. 29th ' day of Sept. :1993 befom 1044 a notary ptalslie is and For said State, personally app„w„ d .....-..�•. Steven K. Ricks known W 1O! to br qae yenon •:) whosename is subsenbed to the within instrument. and acknowledged to Me th,.c 11B executed the same. Notary Public '33 OCT Pt i FEE .i.— pu' RECOROa A; ;:tE AEOUEST OF i Hargaret S. Ricks by Steven K. Ricks her attorney in fact ACKNOWLEDGEMENT — Attorney in Fact b7ATEOF ... Idaho...... ^ .... County of.... Ada .............. ss on this ...29th . . _ ^^nn^^^^'' ......... ..... ...... in the y. of ..... ..19.9bC —H - C VfQW;;t he and nigned• a .Noun Public in and forsa' utpW1bJTS�Ir ��.. .Ricks ............... .... SbD •r3 t c*0 - ... . known or identified me w Dt the "erson s w u Jis subscribed to the within insturment. pptytyrwra+ii?fsrgtrtl7$, . Ricks •Ora;: a.• �a si . !ll ............ ...... . thereto as principal• PP own name as atturney in fact. Signa ... ...... Name:....... t by . t Z....... .. . urFr�+w� Aug. a Idaho Raiding at:... Boise .................................. . .... . Comm Ex 8-15-97 My commission expires:.....8-1S-97. . Q :.vti'.(.'SY )Sw: f -\.5:)`•'y. R.. :.•� ,•. ,•.. ... ^��:. .i -k:•: Y.. -'h�a��Qi!^'. �k. 16130000 EUU= •A- • r saxe 3r+ .. ,• .. ry .,�y� '^•s � ::�+�` ,:7� •rr 1. ;M . • 511 .'1 .5. ' •f 1.. " A portion of the Northeast quarter; of Section 12,' Township 3 North, Range 1 West, Boise. }r ;" Meridian, Ada' County, Idaho, more particularly described as follows:; ' Beginning at the quarter corner between Sections i and 12, Township 3 North, Range 1 West; thence t~ South 89•51•-East:,along the North boundary% of said Sect!= 12 and along center line o. ,county road 534.3 fest to a point, the Rzz POINT OF BEcnuaNG; thence ' South 89.51' East along the North boundary of said Section 12 and along said center line 540.7 feet to a pout= thence South 0.02' West 48.4 feet to a point is as irrigation ditch; thence South 29.04 1/20 East along said irrigation ditch 161.6 feet to a points thence South 47.39' East along .said irrigation ditch 268.0 feet to a point thence South 89.51' East 39.4 feet to a post; thence. p South 0.02', West 788.18 feet to a points thence North 89.42' West 157.5 feet to a points thence South 0.02' West.70.0 feet to a points thence North 69042' West 298.08 fest to a point on bank of irrigation ditch; thence North 18.05' West along bank of said irrigation ditch 1,291.50 feet to the REAL POINT OF subject to Ditch and Road Rights of Ways. EXCEPT therefrom: A parcel of land lying in the Northwest quarter of the Northeast quarter of Section 12, Township 3 North, Range 1 west, Boise Meridian, Ada County, Idaho and scare particularly described as follows: Beginning at the North quarter corner of the said Section 12; thence South 89.261460 East 1,075.00 feet along the Northerly boundary of the said Northe'st quarter of Section i2, which is also the center line of CHERRY LANG, to a points thence South 0.26'460 East 25.00 feet along a line 316.00 feet Westerly of and parallel to the centerline of west Fourth Street to a point, also said point being the REAL POINT OF BEGIMING; thence continuing South 0.26146" East 15.00 feet along a line 316.00 feet westerly of and parallel to the said center line of West Fourth Street to a point; thence North 89.26146" West 527.00 feet along a line 40.00 feet Southerly of and parallel to the said Northerly boundary of the Northeast quarter of Section 12 to a point; thence North 17.40.46' West 15.79 feet to a point; thence South 89.26'46" East 532.51 feet along a line 25.00 feet Southerly of and parallel to the said Northerly boundary of the Northeast quarter of Section 12 to the POINT OF 7Frt aEGINNiNc. .'y':.'T"S'Lt%'i.RWNY11%�N,,,r+AWn' "iTi:a7!Mh�Y�,M'yi .iMy'l�F'1'd'�eb• „s^'?AT,Y V.•M,MN.fC�:.i.`.1 r�*:iN'. Fcrm a 1CJ OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS. City Treasurer GARY 0. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Firs Chief W.L. "BILL" GORDON, Polies Chief WAYNE G. CROOKSTON, JR., Attorney June 2, 1994 Mr. Jim Merkle, P.E. Hubble Engineering, Inc. 9550 Bethel Court Boise, Idaho 83709 / *N 42 NUB OF TREASURE VALLEY 9 A Good Place to Live O NCIL MEMBERS OO RONALD R. TOLSMA CITY OF MERIDIAN RMOBE D.YERRINGTON WALT W. MORROW 33 EAST IDAHOSHARI STILES MERIDIAN, IDAHO 83642 Planner :Zoning Zoning Administrator Phone (208) 888-4433 a FAX (208) 8874813 JIM JOHNSON Chairman •Planning 6 Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSI:ORD Mayor RE: MIDTOWN SQUARE COMMERCIAL PARK Dear Jim; We have reviewed the sanitary sewer and domestic water development plans you have submitted for this subdivision, and approve of them for construction purposes. You may schedule a pre -construction meeting with us after you receive City Council final plat approval, street development plan approval from the Ada County Highway District, and sewer and water plan approval from the State of Idaho Division of Environmental Quality. This subdivision is within the area of the City Urban Service Boundary. Our water distribution system can provide domestic water service, and the required fire flow to this subdivision, and we can accept the sanitary sewage wastes for treatment at our sewage treatment facility. These determinations have been made by use of computer models developed for our facility plans. Please provide five (5) sets of "Construction Plans" to my office a minimum of 48 hours prior to the pre -construction meeting. If you should have any questions, please don't hesitate to call. S' rely, 01,07 Z�%� Gary D. Smith, P.E. City Engineer c (- L E CC. File B. Stuart J. Shawcroft CAWpwin605a1d-Itrlplanaprv.ltr � b IDAHO DEPARTMENT Of HEALTH AND WELFARE DIVISION OF ENVIRONMENTAL QUALITY 1420 North Hilton, Boise, ID 83706-1260, (208) 334.0550 June 29, 1994 Mr. Steven Ricks 200 North 4th Street Boise, ID 83702 RE: Midtown Square Commercial Park Sewer and Water Lines Meridian/Ada County Dear Mr. Ricks: M iat,^ 5qv"t 01111)(0 6DMMff6(4 Cecil D. Andrus, Governor The plans and specifications for the subject project appear to meet State of Idaho standards and are approved subject to the conditions listed below; therefore, we recommend that the District Health Department lift sanitary restrictions on this development. 1. Please refer to the standard conditions in the Division of Environmental Quality (DEQ) review stamp on the documents. Also note that imlroper construction, operation or maintenance may result in removal of the approval and reinstatement of the sanitarX restrictions. 2. We have neither reviewed nor approved any stormwater runoff plan. The Division of Environmental Quality strongly recommends that you consider alternatives to the seepage trench disposal system. Properly designed and maintained soil -vegetation systems afford reasonable protection of groundwater. The Idaho Department of Water Resources can advise you whether such a system is appropriate for your project. A minimum separation distance of 25 feet must be maintained between the stormwater disposal system and the main water line. 3. Your plans call for 2 inch water service lines. Lines running through subsurface disposal beds shall be placed in protective (water class) pipe. Mr. Steven Ricks June 29, 1994 Page 2 Any major changes or changes that would result in violations of Idaho regulations must be reviewed by this office prior to construction. This office must also be informed of construction scheduling so that spot inspections can be made as necessary. Construction must be done under the supervision of an Idaho registered professional engineer. Within thirty days after construction, this engineer must provide as -built plans or a letter of certification stating that the project was installed substantially according to the approved plans. Sincerely, v Bill Freeman Water Quality Engineering Specialist cc: Central District Health Department Gary D. Smith, City of Meridian Rick Cummings, Hubble Engineering Michael A. Smith, DEQ-SWIRO Source File #1 Reading File REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT AND/OR FINAL PLAT TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerk's possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 p.m., Thursday following the Planning and Zoning Commission. GENERAL INFORMATION 1. Name of Annexation and Subdivision,Midtown Square Commercial Park 2. General Location, Crestmont & Cherry Lane, NE1/4, Section 12, T.3N., RAW. 3. Owners of record, Steven Ricks and Carl Baker Address, 200 N. 4th St., Boise, ID 83702 , Telephone (208)344-3549 4. Applicant, Same Address, 5. Engineer, E. Don Hubble Firm Hubble En 'nig_eering, Inc. Address, 9550 Bethel Ct., Boise, ID 83709, Telephone (208)322-8992 6. Name and address to receive City billings: Name: Steven Ricks Address:200 N. 4th St., Boise, ID 83702 Telephone(208)344-3549 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres: 3.04 2. Number of Lots: 1 3. Lots per Acre: 1 4. Density per Acre: 3.04 5. Zoning Classification(s): L 0 6. If the proposed subdivision is outside the Meridian City Limits, but within the jurisdictional mile, what is the existing zoning classification N/A 7. Does the plat border a potential green belt No 8. Have recreational easements been provided for No 9. Are there proposed recreational amenities to the City No Explain 10. Are there proposed dedications of common areas No Explain For future parks No Explain 11. What school(s) service the area N/A Do you propose any agreements for future school sites No Explain N/A 12. Other proposed amenities to the City Water Supply Fire Department , Other Explain 13. Type of building (residential, commercial, industrial, or combination) Commercial 14. Type of dwelling(s), single family, duplexes, multiplexes, other Office 15. Proposed development features: a. Minimum square footage of lot(s) N/A b. Minimum square footage of structure(s) C. Are garages provided for No square footage 400 sq. feet d. Are other coverings provided for No e. Landscaping has been provided for Yes Describe Berm with grass and shrubs on Chem Lane f. Trees will be provided for Yes Trees will be maintained g. Sprinkler systems are provided for Yes P*4S h. Are there multiple units Yes Type Office Remarks i. Are there special setback requirements No Explain Has off street parking been provided for Yes Explain k. Value range of property N/A, rental properties I. • Type of financing for development In. Protective covenants were submitted Date 16. Does the proposal land lock other property No Does it create enclaves No STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. Oformisubapp.mer /'\ 3AINCI 1NOVUS360 LO C) I IZ rn 3AW0 1NONiS3N7 I: m v Cl E z A C D m n 0 3 3 m n D r v D Sri r_ i gmI. rd-?, .,W DEVELOPMENT COMPANY July 11, 1994 Shari Stiles Meridian Planning & Zoning Director Meridian City Hall 33 E. Idaho Avenue Meridian, Idaho 83642 RE: Midtown Square Commercial Park a/k/a Cherry Lane Center Dear Shari: We are requesting permission from the City of Meridian to hold a Pre -Construction Conference, and, subsequent to the Pre -Construction Conference, begin the installation of underground sewer and water lines for Midtown Square Camiercial Park, a/k/a Cherry Lane Center, prior to the Final Plat (revised) review by the City Council. We believe this is a reasonable request for the following reasons: (1) The same parcel dimensions, location and zoning were approved by the City of Meridian on July 20, 1993; (2) The only change that has been made to the Plat is the removal of the interior lot lines so now there is one (1) commercial lot instead of three (3) camiercial lots. (3) The Plat (with three lots) was approved by Meridian City Council on July 20, 1993. (4) The City Engineer, Gary Smith, has approved the construction plans for the installation of sewer and water. (See letter of June 2, 1994, attached). (5) The Division of Environmental Quality (D.E.Q.) has approved the plans for the installation of sewer and water. (See letter of June 29, 1994, attached). (6) In the installation of the water line, we will need to tie into the residential water line of Midtown Square Subdivision. That water line is not yet fully tested for bacteria, and, once it is tested and passes, to tie into it by connecting to the commercial site, may result in contamination, requiring a retest of the entire subdivision water lines. We would rather connect the lines now, and then test and pass the entire system (commercial and residential) at the same time. 200 N. 4TH ST. • SUITE 300 BOISE, IDAHO 83702 (208) 386-9666 FAX (208) 344-3792 Gt yv vlUECEIVED JUL 13 CtTy OT )f ERIDIAN TGvrj s ki i v � � 17,;)i7 / W e 5 f y y � 1 e /0 7 S G3YG, ;Uo -z 7�c, 1, i ;SG�c'DrS GZYe__t Dve), CYUup7� �Lf C l r 17 e5,1 ID 7 GII �261,ll [',It MERIDIAN CITY COUNCIL MEETING: August 2.1994 APPLICANT: STEVE RICKS AGENDA ITEM NUMBER: 18 REQUEST: FINAL PLAT: MIDTOWN SQUARE COMMERCIAL PARK AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: COMMENTS FORTHCOMINING CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: To; Mayor, City Council From; Bruce Freckleton, Assistant to City Engineer Re; MIDTOWN SQUARE COMMERCIAL PARK (Final Plat) I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the applicant during the hearing process: 1. Please submit Ada County Street Name Committee letter approving the Subdivision, and street names. Make any revisions necessary to conform. 2. Revise the Plat Notes as follows: (4.) ... RESUBDIVISION, OR AS ALLOWED BY CONDITIONAL USE. (6.) ... HIGHEST ESTABLISHED SEASONAL ... 3. Add the "North" designation to Crestmont Drive. 4. Clarify that the tie line to the Sewer and Water Easements is to the centerline of said Easements. 5. Submit page 2 of 2 of the Subdivision Plat for review and comment. C: \WPWIN60\DUMPSTER\MIDTWNCP. C -C HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk RONALD R. TOLSMA JANICE L. GAS, City Treasurer CITY OF MERIDIAN' °BERTDKGTON OROE GARY D.SMTHSP.E.City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO SHARI STILES JOHN T. SHAWCROFT, Waste Water Supt. Planner a Zoning Administrator KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 W.L. "BILL" GORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887-4813 Chairman - Planning & Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM: July 27, 1994 To; Mayor, City Council From; Bruce Freckleton, Assistant to City Engineer Re; MIDTOWN SQUARE COMMERCIAL PARK (Final Plat) I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the applicant during the hearing process: 1. Please submit Ada County Street Name Committee letter approving the Subdivision, and street names. Make any revisions necessary to conform. 2. Revise the Plat Notes as follows: (4.) ... RESUBDIVISION, OR AS ALLOWED BY CONDITIONAL USE. (6.) ... HIGHEST ESTABLISHED SEASONAL ... 3. Add the "North" designation to Crestmont Drive. 4. Clarify that the tie line to the Sewer and Water Easements is to the centerline of said Easements. 5. Submit page 2 of 2 of the Subdivision Plat for review and comment. C: \WPWIN60\DUMPSTER\MIDTWNCP. C -C OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW 33 EAST IDAHO SHARI STILES MERIDIAN, IDAHO 83642 Planner sZoning Administrator �+ ,? JIM JOHNSON Phone (208) 888-4433 a FAX (208) 887-4813 R +C ax ' i" Chairman - Planning & Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD J U L 1 5 Mayor CITY OF MERMAN ER9A TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 26, 1994 TRANSMITTAL DATE: 7/11/94 HEARING DATE: 8/2/94 REQUEST: Final Plat for Midtown Scivare Commercial Park BY: Steve Ricks LOCATION OF PROPERTY OR PROJECT: Crestmont and Chem Lane JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, CIC BOB CORRIE, CIC WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF REC TION(PRELIM & FINAL PLAT) CITY FILES OTHER:fil YOUR CONCISE REMARKS: 117) OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS. City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMSEP.S RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MOR ROY.' SHARI STILES Planner & Zoning Admm st atc CE77 �gg^^^��,�� , JIHNSON `Chairman - lammng g Zc- -; JUL 14 ►:: 4 Cli)r %.IV .-._, ,lAl`V TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 26, 1994 TRANSMITTAL DATE: 7/11/94 HEARING DATE: 8/2/94 REQUEST: Final Plat for Midtown Square Commercial Park BY: Steve Ricks LOCATION OF PROPERTY OR PROJECT: Crestmont and Cherry Lane JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P)Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES 1y✓ /3 - 9 OTHER: / YOUR CONCISE EMARKS: �r01olv,,,,_ tJ i PLA_ len .a W ZO- x►yJL 6 e ci,0J.ac>1 AA]/, /7ibPik r W K,4_4 i S GDi^>6 xtO ee- (0- (-_S SUBDIVISION EVALUATION SHEET RECEIVED J U L 2 8 1994 CITY OF MERIDIAN Proposed Development Name MIDTOWN SQUARE COMMERCIAL PARK City MERIDIAN Date Reviewed 07/21/94 Preliminary Stage Final XXXXXX Engineer/Developer Hubble Engr. / Steve Ricks The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee M per the requirements of the IDAHO STATE CODE. ili1�'7Z(',rAL"�s i4 OVA4c4r1dPV jbr;dA�v�� MIDTOWN SQUARE COMMERCIAL PARK X. Date 7-1 The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Meridian City Street Name Ordinance. The following existing street names shall appear on the plat as: "WEST CHERRY LANE" "NORTH CRESTMONT WAY" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITT Ada County Engineer John Priester Ada Planning Assoc. Terri Raynor t-, IV, r', h eridian Fire Dept. Representativ Y P ES NTATIVES OR DESIGNEES Date Z Date 77/ n , 'Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index NUMBERING OF LOTS AND BLOCKS NOT APPROVED CENTRAL REVIEW SHEET •• DISTRICT Environmental Health Division RECEI'V'ED Return to: 1WHEALTH J UL 2 1 1994 ❑ Boise DEPARTMENT ❑ Eagle Rezone # CITE' Of A,i w;-jripE]Garden city Conditional Use # Meridian ,��jJ�jf//v SEUL_ �/�%/ ❑ Kuna Preliminary Short Plat incl ACZ ❑ 1. We have Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ solid lava from original grade ❑ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ❑ 2 feet ❑ 4 feet 7. After written approval from appropriate entities are submitted, we can approve this proposal for: .a central sewage ❑ community sewage system E] community water well ❑ interim sewage central water ❑ individual sewage ❑ individual water 5pq,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 ig. central water 9. Street Runoff is not to create a mosquito breeding problem. ❑ 10. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 11. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 12. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store q �� 13. Ry 101L --X .?).�,�G EjyJ�ivT S/`i4�� Date: 7/ !�— R T r�lt7✓%�97%dn/ /� C Reviewed Bye /'o'✓i 1.1Er�1o�S�� 5 � CDHD 10/91 rcb, rev. 11/93 jl OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW 33 EAST IDAHO SHARI STILES MERIDIAN, IDAHO 83642 Planner & Zoning Administrator Phone (208) 888-4433 • FAX (208) 887.4813{!!` (�'� JIM JOHNSON ff LLI�;t\v a�'ur-Planning &Zoning Public Works/Building Department (208) 887-2211 U GRANT P. KINGSFORD 13J `I L 11911 Mayor 5i NANIPA & F°ERIDIAN IRR'u"ATION DISTRICT TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 26, 1994 TRANSMITTAL DATE: 7/11/94 HEARING DATE: /9 REQUEST: Final Plat for Midtown Sauarp Cnmmarr•ial PnrLRECEIVED - BY: Steve Ricks LOCATION OF PROPERTY OR PROJECT: Crestmont and Cherry Lane JIM JOHNSON, PfZ MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P2 MERIDIAN POST OFFICE(PREUM & FINAL PLAT) JIM SHEARER, P2 ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P2 ADA PLANNING ASSOCIATION TIM HEPPER, P2 CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: All laterals and wasteways POLICE DEPARTMENT must be protected. Municipal surface drainage must CITY ATTORNEY be retained on site. If any surface drainage leaves CITY ENGINEER the site, Nampa & Meridian Irrigation District must CITY PLANNER review drainage plans. It is recommended that irrigation water be made available to all developments within this District Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting Contact Donna Moore at 343-1884 or 466-7861 for further information Nampa & Meridian Irrigation District 9 OFFICIALS WILLIAM G. BERG. JR.. City Clerk JANICE L GABS. City Trosswer GARY 0. SMITH. P.E. City Enpfnew 8RUCE 0. STUART. Wow works Sunt. JON" T. SNAWCRORT. WqN Water Suot. KENNY W. 80wom Rlre Chief W.L'-SIW* GORDON. PatloaChief WAYNE 0. CROOKSTON. JR.. Attorney 14"k, HUB OF7REASURE VALLEY COUNCIL MEMBERS A Good Place to Live WMAL0 R. TOLSMA CITY OF 1VIERIDII�T'w°�pRROW 33 EAST IDAHO SNARL STILES Pl— w 6 Zonup Ad—ntstrator MERIDIAN, IDAHO 83642 JIMJONNsoN Phare (208) 888-W3 a FAX (209)887-4813 RECEIVE41.n. Plammnq d Zoning Public WWWBui ding D"WiTneW (2091887-2211 GRANT P. KINGSFORD s u i t s 1994 maym CITY OF MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS ' WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be Considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hail, Attn: Will Berg, City Clerk by: July 26, 1994 TRANSMITTAL DATE: 7/11/94 HEARING DATE: 8/2/94 REQUEST: Final Plat for Midtown Square Commercial Park BY: Steve Ricks LOCATION OF PROPERTY OR PROJECT: Crestmont and Cherry Lane JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, CIC MAX YERRINGTON. C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ___ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PREL.IM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: U ON Il THANK YOU A.J. CARLSON DATE: MERIDIAN CITY COUNCIL AGENDA ITEM NUMBER_ APPLICANT: ` �Z1c S REQUEST:.007 Q-cl k 1� -� � p `i 4c LO AGENCY MERIDIAN POLICE �NtO TiY0bUVvx'l COMMENTS: MERIDIAN FIRE DEPT. - �_ \A\� -c�',ka MERIDIAN CITY ENGINEER MERIDIAN ATTORNEY - MERIDIAN POST OFFICE - MERIDIAN SCHOOL DISTRICT MERIDIAN BUILDING DEPT. - ADA COUNTY HIGHWAY DISTRICT ADA STREET NAME COMMITTEE — CENTRAL DISTRICT HEALTH — e-Q.�� NAMPA MERIDIAN IRRIGATION —ta-Q- A\kC-��A SETTLERS IRRIGATION — IDAHO POWER — SA -Q - US WEST — INTERMOUNTAIN GAS — BUREAU OF RECLAMATION — MERIDIAN CITY ATTORNEY6�-}�a��`SccrnS MERIDIAN PLANNI.NG DIRECTOR — OTHER COMMENTS:. O��Q Lo 4-a— i CORPORATE L /M/ TS i lol. m , 7 CRf z, •;rl , —.. T•` 0 • 9 • 'it oKI• IIA Vt (� 1i -i• ' _ •i.__: �j�,i//(v `/�� WII �,I+WPU HONI '1 •''•N T---rT- te'\%Iy �. JQ�'• /r.l r i• iV �i .. I (+R/I �I �� L — • 1-__.- `' • • 4 i,o • •��tf R4 y'��' y1 _• '1,• k1Y��yJ1 7711(J �`\ •I iN6t6I _�+' • tiS C1 Md y 1 7 77�, I t EMBASSY 11 I 1' �I 4 \\\MOBILE— y HOME 1 I I - 5 AVE �, • rl \ 1 (---\I I IIW WPI �7 I 1-: AN I ---- �'` W' Z • f• I G. �1 I W W 3 • • I �� w � I F 7 _._ ' W F C4&WR ASE Sao 0 +j t4 Q • r• '• ' 1- W S 13 rn ELM AVE WW 1Z T = t s 3, { Ot, N 7 { it MAPLE AVENUE F AVE MAPLE n Z 6 • , • . •- f I' • • • •+ W , f P W 20 CAMELLIA AVE RRY NUE 1 '�7p{�.- � � r IF CM RPY AJE �-'•' I l • i Z N_. L -_J �_ WASHINGf W ' I• 2 Z �j�y'�ljyl-{'y�� • . yt i •+c ; / )I�-- • I f N • E zK R J'? ST • in n • WASwNGTON f r AVENUE �L fir- u D. . �� . ' A F • 1 ' N r Z �+ r _ ' L �i :-�ea.70N • AVENUE i%f? nr�e��Ei7 = I s • W _�-�— n IDAHO DEPARTMENT OF HEALTH AND WELFARE *� DIVISION OF "q ENVIRONMENTAL QUALITY 1.2u Nrnm Hilton, Boise, ID 83706.1260, (208) 334-0550 Governor June 29, 1994 Mr. Steven Ricks 200 North 4th Street Boise, ID 83702 RE: Midtown Square Commercial Park Sewer and Water Lines Meridian/Ada County Dear Mr. Ricks: The plans and specifications for the subject project appear to meet State of Idaho standards and are approved subject to the conditions listed below; therefore, we recommend that the District Health Department lift sanitary restrictions on this development. 1. Please refer to the standard conditions in the Division of Environmental Quality (DEQ) review stamp on the documents. Also note that improper construction operation or maintenance may result in removal of the approval and reinstatement of the sanitary restrictions. 2. We have neither reviewed nor approved any stormwater runoff plan. The Division of Environmental Quality strongly recommends that you consider alternatives to the seepage trench disposal system. Properly designed and maintained soil -vegetation systems afford reasonable protection of groundwater. The Idaho Department of Water Resources can advise you whether such a system is appropriate for your project. A minimum separation distance of 25 feet must be maintained between the stormwater disposal system and the main water line. 3. Your plans call for 2 inch water service lines. Lines running through subsurface disposal beds shall be placed in protective (water class) pipe. JUL 1-199A - _ d 0 o R> ,. , a .I a ., 0 o r, s A`*-, 'O�N Mr. Steven Ricks June 29, 1994 Page 2 Any major changes or changes that would result in violations of Idaho regulations must be reviewed by this office prior to construction. This office must also be informed of construction scheduling so that spot inspections can be made as necessary. Construction must be done under the supervision of an Idaho registered professional engineer. Within thirty days after construction, this engineer must provide as -built plans or a letter of certification stating that the project was installed substantially according to the approved plans. Sincerely, Bill Freeman Water Quality Engineering Specialist cc: Central District Health Department Gary D. Smith, City of Meridian Rick Cummings, Hubble Engineering Michael A. Smith, DEQ-SWIRO Source File Ail Reading File �yeln Ala '� (L VO?M' AMENDED ORDINANCE NO. 607 AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS A PORTION OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, 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 amend and change the zoning from R-4 Residential to R-8 Residential, for the following described parcel: A parcel of land lying in a portion of the NE 1/4 of Section 12, T. 3N. , R. 1W . , B. M. , Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the brass cap marking the section corner common to Sections 6 and 7, T.3N., R.lE., B.M., Section 1 and the said Section 12; thence South 89°49,10" West 2655.28 feet along the Northerly boundary of the said NE 1/4 of Section 12, which is also the centerline of West Cherry Lane, to a brass cap marking the one-quarter corner common to the said Sections 1 and 12; thence North 89°49110" East Northerly boundary of the NE pin; 672.71 feet along the said 1/4 of Section 12 to an iron thence South 0°17,50" East 40.00 feet to a 2 -inch galvanized iron pipe marking a point of beginning of curve, said point being the REAL POINT OF BEGINNING (INITIAL POINT); thence along the following courses and distances to iron pins; Southwesterly along a curve to the left 31.42 feet, said curve having a central angle of 90°00,00", a radius of 20.00 feet and a long chord of 28.28 feet bearing South 44°49110" West to a point of tangent; thence South 0°10150" East 4.22 feet to a point of curve; thence Southeasterly along a curve to the left 205.24 feet, said curve having a central angle of 5204312511, a radius of 223.04 feet and a long chord of 198.08 feet bearing South AMENDED ORDINANCE/RICKS-MIDTOWN SQUARE Page 1 r 26°32,33" East to a point of tangent; thence South 52°54,15" East 46.74 feet to a point of curve; thence Southeasterly along' a curve to the right 37.38 feet, said curve having a central angle of 9°31,03", a radius of 225.00 feet and a long chord of 37.33 feet bearing South 48°08,44" East to a point of ending of curve; thence North 89°49110" East 464.33 feet; thence South 47°58150" East 110.85 feet; thence North 89°49110" East 40.28 feet to a point on the centerline of 4th Street; thence South 0022110" East 788.17 feet along the said centerline of 4th Street; thence South 89058110" West 158.95 feet; thence South 0017150" East 70.00 feet; thence South 89058110" West 298.44 feet to a point on the Bank of the Hunter Lateral; thence North 18023122" West 1291.07 feet along the said Bank of the Hunter Lateral to a point on the said Northerly boundary of the NE 1/4 of Section 12; thence North 89°49,10" East 138.41 feet along the said Northerly boundary of the NE 1/4 of Section 12; thence South 0°17,50" East 40.00 feet to the point of beginning. be, and the same is rezoned from R-4 Residential to R-8 Residential, and Section 11-2-425, Official Zoning Maps is hereby amended to reflect the same; and the real property which is described as follows: A parcel of land lying in a portion of the NE 1/4 of Section 12, T . 3N . , R .1W . , B . M. , Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the brass cap marking the section corner common to Sections 6 and 7, T.3N., R.lE., B.M., Section 1 and the said Section 12; AMENDED ORDINANCE/RICKS-MIDTOWN SQUARE Page 2 thence South 89°49'10" West 2655.28 feet along the Northerly boundary of the said NE 1/4 of Section 12, which is also the centerline of West Cherry Lane, to a brass cap marking the one-quarter corner common to the said Sections 1 and 12; thence North 89°49110" East Northerly boundary of the NE pin; 672.71 feet along the said 1/4 of Section 12 to an iron thence South 0°17'50" East 40.00 feet to a 2 -inch galvanized iron pipe marking the real point of beginning ( initial point) of Midtown Square Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book_ of Plats at pages and , also said point being the REAL POINT OF BEGINNING (INITIAL POINT); thence North 0017'50" West 40.00 feet to a point on the said Northerly boundary of the NE 1/4 of Section 12; thence along the following courses and distances to iron pins; North 89049110" East 402.29 feet along the said Northerly boundary of the NE 1/4 of Section 12; thence South 0°17'50" East 48.78 feet; thence South 29°24105" East 161.59 feet; thence South 47058'50" East 156.60 feet to a point marking the Northeast corner of Lot 5 of Block 3 of the said Midtown Square Subdivision; thence along the Northerly boundary of the said Midtown Square Subdivision the following courses and distances: South 89°49110" West 464.33 feet to a point of beginning of curve; thence Northwesterly along a curve to the left 37.38 feet, said curve having a central angle of 9°31'0311, a radius of 225.00 feet and a long chord of 37.33 feet bearing North 48°08144" West to a point of tangent; thence North 52°54115" West 46.74 feet to a point of curve; thence Northwesterly along a curve to the right 205.24 feet, said curve having a central angle of 52043'25" a radius of 223.04 feet and a long chord of 198.08 feet bearing North 26°32'33" West to a point of tangent; thence North 0°10150" West 4.22 feet to a point of curve; AMENDED ORDINANCE/RICKS-MIDTOWN SQUARE Page 3 thence Northeasterly along a curve to the right 31.42 feet, said curve having a central angle of 90°00,0011, a radius of 20.00 feet and a long chord of 28.28 feet bearing North 44049110" East to a point of ending of curve, also said point being the point of beginning. be, and the same is rezoned from R-4 Residential to LO Limited Office, and Section 11-2-425, Official Zoning Maps is hereby amended to reflect the same. Section 2. That the Findings of Fact and Conclusions of Law adopted by the City Council on the rezone application for the land described in Section 1 above include terms and conditions for the rezone of the rezone of the above described property and they shall be met. Section 3. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this day of , 1994. AMENDED ORDINANCE/RICKS-MIDTOWN SQUARE Page 4 APPROVED: MAYOR -- GRANT P. KINGSFORD ATTEST: CITY CLERK -- WILLIAM G. BERG, JR. STATE OF IDAHO,) ss. County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS A PORTION OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE -MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No. 607 , by the City Council and Mayor of the City of Meridian, on the day of , 1994, as the same appears in my office. DATED this day of 1994. City Clerk, City of Meridian Ada County, Idaho AMENDED ORDINANCE/RICKS-MIDTOWN SQUARE Page 5 STATE OF IDAHO,) : ss. County of Ada, ) On this day of , 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared 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 AMENDED ORDINANCE/RICKS-MIDTOWN SQUARE Page 6 AMENDED ORDINANCE NO. 607 AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS A PORTION OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, 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 amend and change the zoning from R-4 Residential to R-8 Residential, for the following described parcel: A parcel of ground located on the Northeast quarter of Section 12, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and is more particularly described as follows: Commencing at the quarter corner common to Section 1 and 12, T.3N., R.1W., thence South 89°51100" East along the North boundary of said Section 12 and along the centerline of Cherry Lane 534.30 feet to a point; thence South 0°02'00" West departing the North boundary of said Section 12 and the centerline of Cherry Lane 48.40 feet to a point; thence South 29'04'30" East 161.60 feet to a point; thence south 4739'00" East 157.16 feet to a point, said point being the POINT OF BEGINNING. Thence continuing South 47°39100" East 110.84 feet to a point; thence South 89°51100" East 39.40 feet to a point; thence South 0°02100" West 788.18 feet to a point; thence North 89°42100" West 157.50 feet to a point; thence South 0°02100" West 70.00 feet to a point; thence North 89°42100" West 298.08 feet to a point; thence North 18°04127" West 980.62 feet to a point; thence South 89°51'00" East 639.00 feet to a point, said point being the POINT OF BEGINNING. And to amend and change the zoning from R-4 Residential to AMENDED ORDINANCE/RICKS-MIDTOWN SQUARE Page 1 LO, Limited Office for the following described parcel: A parcel of ground located Section 12, Township 3 North, City of Meridian, Ada County, described as follows: in the Northeast quarter of Range 1 West, Boise Meridian, Idaho, and more particularly Commencing at the quarter corner common to Sections 1 and 12, T.3N., R.1W., thence South 89°51,00" East along the North Boundary of said Section 12, and along the centerline of Cherry Lane 534.30 feet to a point, said point being the POINT OF BEGINNING. Thence continuing South 89°51100" East along the North boundary of the said Section 12 and the centerline of Cherry Lane 540.70 feet to a point; thence South 0°02,00" West 48.40 feet to a point; thence South 29°04130" East 161.60 feet to a point; thence South 47°39100" East 157.16 feet to a point; thence North 89°51100" West 636.00 feet to a point; thence North 18°04,27" West 310.58 feet to a point on the North boundary of the said Section 12 and the centerline of Cherry Lane, to the POINT OF BEGINNING. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the aforementioned real property which is described as follows: Commencing at the quarter corner common to Section 1 and 12, TAN., R.1W., thence South 89051100" East along the North boundary of said Section 12 and along the centerline of Cherry Lane 534.30 feet to a point; thence South 0002100" West departing the North boundary of said Section 12 and the centerline of Cherry Lane 48.40 feet to a point; thence South 29004,30" East 161.60 feet to a point; thence south 47°39,00 East 157.16 feet to a point, said point being the POINT OF BEGINNING. Thence continuing South 47°39100" East 110.84 feet to a point; thence South 89°51,00" East 39.40 feet to a point; AMENDED ORDINANCE/RICKS-MIDTOWN SQUARE Page 2 thence South 0°02100" West 788.18 feet to a point; thence North 89°42100" West 157.50 feet to a point; thence South 0°02100" West 70.00 feet to a point; thence North 89°42100" West 298.08 feet to a point; thence North 1804127" West 980.62 feet to a point; thence South 89°51,00" East 639.00 feet to a point, said point being the POINT OF BEGINNING. be, and the same is rezoned from R-4 Residential to R-8 Residential, and Section 11-2-425, Official Zoning Maps is hereby amended to reflect the same; and the aforementioined real property which is described as follows: A parcel of ground located in the Northeast quarter of Section 12, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the quarter corner common to Sections 1 and 12, T.3N., R.1W., thence South 89°51,00" East along the North Boundary of said Section 12, and along the centerline of Cherry Lane 534.30 feet to a point, said point being the POINT OF BEGINNING. Thence continuing South 89°51100" East along the North boundary of the said Section 12 and the centerline of Cherry Lane 540.70 feet to a point; thence South 0°02,00" West 48.40 feet to a point; thence South 29°04'30" East 161.60 feet to a point; thence South 47°39,00" East 157.16 feet to a point; thence North 89°51100" West 636.00 feet to a point; thence North 18°04127" West 310.58 feet to a point on the North boundary of the said Section 12 and the centerline of Cherry Lane, to the POINT OF BEGINNING. be, and the same is rezoned from R-4 Residential to LO Limited Office, and Section 11-2-425, Official Zoning Maps is hereby AMENDED ORDINANCE/RICKS-MIDTOWN SQUARE Page 3 amended to reflect the same. Section 2. That the Findings of Fact and Conclusions of Law adopted by the City Council on the rezone application for the land described in Section 1 above include terms and conditions for the rezone of the rezone of the above described property and they shall be met. Section 3. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this day of , 1994. APPROVED: MAYOR -- GRANT P. KINGSFORD ATTEST: CITY CLERK -- WILLIAM G. BERG, JR. AMENDED ORDINANCE/RICKS-MIDTOWN SQUARE Page 4 STATE OF IDAHO, ss. County of Ada, I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS A PORTION OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE -MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No. 607 , by the City Council and Mayor of the 19City Of as Meridian, on the day of 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 day of , 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 AMENDED ORDINANCE/RICKS-MIDTOWN SQUARE Page 5 BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION STEVEN K. RICKS REZONE APPLICATION A PORTION OF THE NE QUARTER OF SECTION 12, T. 3 N., R. 1 W. MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing May 11, 1993 at the hour of 7:30 o'clock p.m., the Petitioner appearing through Dan Torfin of Hubble Engineers, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter, makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Rezone Application was published for two (2) consecutive weeks prior to the said public hearing scheduled for May 11, 1993, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the May 11, 1993, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; 2. That this property is located within the City of Meridian and is owned by the Applicant and which property is described in the application which description is incorporated herein; that the property is presently zoned R-4 Residential; the FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 1 area surrounding where Applicant's property is located, is developed as a residential area and the property to the south, east and west is almost entirely developed as R-4 type residences; the property itself has been used agriculturally. 3. The R-4 zone is the zone that was placed on the property at the time that the 1984 Zoning Ordinance was adopted by the City of Meridian; that the zoning of the property prior to 1984 was "A" Residential; that the Applicant proposes to now have the property zoned R-8 Residential; that the Applicant submitted a proposed preliminary plat for the land; according to the preliminary plat the apparent purpose of the rezone is to allow smaller frontage on the lots and some lots are less than 8,000 square feet. 4. That the subject parcel contains approximately 16.406 acres of land; that the request for rezone is to change the existing R-4 zone to LO (Limited Office) for approximately 2.89 acres abutting Cherry Lane and to R-8 for 13.5 acres of the balance of the land. 5. That the R-4 District and the R-8 District are described in the Zoning Ordinance, 11-2-408 B. 1 and 2 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 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 and Sewer systems of the City of Meridian. (R-8) MEDIUM DENSITY RESIDENTIAL DISTRICT: The purpose of the (R-8) District is to permit the establishment of FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 2 single and two (2) family dwellings at'a density not exceeding eight (8) dwelling units pre acre. This district delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two ( 2 ) family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal Water and Sewer systems of the City of Meridian is required. 6. Even though R-8 zoning is requested, the Applicant lists the density as 3.00 dwelling units per acre on the Application for preliminary plat which was submitted in conjunction with this rezone request. 7. The significant difference between the R-4 and R-8 zoning is in the bulk and coverage requirements of the Zoning Ordinance; the R-8 Zone allows duplexes, 65 feet of street frontage and 6,500 square foot lots whereas the R-4 zone allows only single-family dwellings and requires 80 feet of road frontage and 8,000 square foot lots as a minimum; that the Applicant's representative indicated at the hearing that there would only be single family dwellings even though zoned R-8 and the Applicant so indicated in his application for preliminary plat approval. 8. That the property along West Seventh Street and along West 4th Street, which are properties to the west and east of the subject property, are much older areas and are developed at an R-4 density and most likely under the current R-4 requirements and such is the case with the abutting lots to the south; that the preliminary plat submitted does show lots that are on the average larger than the minimum 6,500 square feet for R-8 lots but the street frontage, on the average, only meets the R-8 requirement. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 3 9. That the subject property has been solely used in the past as agricultural ground with no development whatsoever; that it basically has been an undeveloped island in the midst of the City. 10. That there was testimony at the hearing objecting to the Application; some comments were just opposition, some comments relating to water problems and traffic, a comment relating to assurance that irrigation water would hopefully not be interfered with, and a comment that the person had an option on the land that had not been honored. 11. That the Applicant's engineer, Dan Torfin, indicated that the land would meet the R-8 requirements, that there would be density of 3.6 dwellings units per acre, which is contrary to the Application, and that the house size would be a minimum of 1,350 square feet; also Mr. Torfin stated that there was 47 planned single family lots. Application further requests zoning of (LO) Limited Office for the three lots on the north side of the proposed subdivision. 12. That comments were submitted by the City Engineer, Meridian Police Department, Meridian Fire Department, Nampa Meridian Irrigation District, Ada County Highway District, and the Meridian School District which comments are by this reference incorporated herein as if set forth in full; that comments may be submitted by the Central District Health Department and other governmental agencies and those comments, and if submitted, shall be incorporated herein as if set forth in herein. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 4 13 . That proper notice has been given as' required by law and all procedures before the Planning and Zoning Commission have been followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicants' property. 2. That the City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and state. 3. That the City of Meridian has authority to place conditions upon granting a zoning amendment. 4. That the City has judged this Application for a zoning amendment upon the basis of guidelines contained in Section 11-2- 416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial notice. 5. That 11-2-416 A of the Zoning Ordinance states, in part, as follows: "When the public necessity, convenience, general welfare or zoning and development practice require, the Council may FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 5 amend, supplement, change, or repeal' the regulations, restrictions, and boundaries or classifications of property as well as the regulations and provisions of this Ordinance." 6. That 11-2-416 (K) of the Revised and Compiled Ordinances of the City of Meridian sets forth standards under which the City shall review applications for zoning amendments; that upon a review of those requirements and a review of the facts presented and conditions of the area,\the Planning and Zoning Commission specifically concludes as follows: (a) The R-8 zoning would be harmonious with and in accordance with the Comprehensive Plan since the property is included in the Warrior Neighborhood and no Comprehensive Plan amendment would be required. (b) The area is not intended to be rezoned in the future. (c) The area included in the proposed zoning amendment is intended to be developed in the fashion that would be allowed under the new zoning as the Applicant has submitted a proposed subdivision plat of the entire area and it shows development to meet the requested rezoning of R-8 and Limited Office. (d) There have been recent changes in the area or adjacent area which dictate that the area requested to rezoned to LO (limited Office) should be so rezoned.' These changes have been the rezone of land for a day care facility, the rezone for the office on the corner of Cherry Lane and Crestmont, and the rezone for the dental practice which was established at the corner of Northwest Eighth Street and Cherry Lane. There have been no changes in the area relating to the requested rezone to R-8 Residential and most of the surrounding area.is developed in the R-4 fashion. (e) That the property, designed in an R-8 fashion and under R-8 requirements and limitations, is not designed so as to be harmonious with the surrounding area, which is developed in the R-4 fashion. The R-8 development would not be harmonious or consistent with the surrounding R-4 residential development. The portion of the property requested to be rezoned to Limited Office would be harmonious with existing limited office development along Cherry Lane; however, a buffer of some FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 6 kind must be placed between the residential lots, whether they be R-4 or R-8 lots, and the limited office zone. (f) The R-8, or R-4, use and the LO zone and its use would not be hazardous to the existing or future uses of the neighborhood and should not be disturbing to the property owners in the adjacent residential areas if appropriate buffering is put in place. (g) The property would be able to be adequately served with public facilities. (h) The R-8 zone, if granted, and the LO uses and development would not create excessive additional requirements at public cost for public facilities and services and would not be detrimental to the economic welfare of the community. (i) The R-8, if granted, and LO zones and developments should not involve a use detrimental to the existing residential area or the general welfare of the area. (j) Development of the limited office should not cause an increase in vehicular traffic over and above what the traffic increase would be if developed as R-4 since it is presently designed to flow immediately to Cherry Lane and not through the subdivision, however, as noted in the comments of the City Engineer the access must be redesigned in the northwest section of the property. The development at the R-8 would increase the traffic over and above what the traffic would be if developed at the existing zoning of R-4 because there would be more lots on the same size parcel of property. (k) That a rezone would not result in the destruction, loss or damage of any natural or scenic feature of major importance. (1) The proposed zoning amendment to rezone a portion of the land to Limited Office is in the best interest of City of Meridian but the rezone to R-8 from R-4 is not in the best interest of the city. 7. That Section. 11-9-605 M., PIPING OF DITCHES, of the Subdivision and Development Ordinance requires piping of ditches, canals and waterways and that ordinance shall be complied with as a condition of development of the limited office, and of FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 7 development of the residential at either the R-4 or R-8 zone. 8. It is further concluded that, upon development, the comments, recommendations and requirements of the other governmental agencies shall have to be met and complied with as would the ordinances of the City of Meridian. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COMMISSIONER HEPPER VOTED COMMISSIONER ROUNTREE VOTED COMMISSIONER SHEARER VOTED fZA-.A COMMISSIONER ALIDJANI VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RECOMONDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that the City Council approve the requested rezone of the land designed to be used for limited office and to deny the rezone for the land designed to be rezoned from R-4 to R-8; that as a condition of the rezones that the Applicant meet the terms and conditions of these findings of fact and conclusions of law, including the minimum house size of D� 1,350.00 square feet, and that the comments of the City Engineer, i 'Ora_ the water and sewer ordinances requirements, the fire and life FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 8 safety codes, the Uniform Building Code, and all other Ordinances of the City of Meridian be met and complied with, and the limited office construction shall be subject to design review and only single family dwellings shall be constructed in the R-4 District as indicated at the hearing and all irrigation facilities must be maintained such jthey continue to deliver water as it was delivered prior to development and if there are irrigation canals, drainages or other means of conveying water, located on the property that they be tiled. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 9 SR2 Develop i L 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 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 26, 1994 TRANSMITTAL DATE: 7/11/94 HEARING DATE: 8/2/94 REQUEST: Final Plat for Midtown Square Commercial Park__ BY: Steve Ricks LOCATION OF PROPERTY OR PROJECT: Crestmont and Chem Lane JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z _TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C _BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8t FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8l FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8t FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: HUB OF TREASURE VALLEY _ COUNCIL MEMBERS A Good Place to Live RONALD R. TOLSMA CITY OF MERIDIAN MAX YERRINGTON WALT W. MORROW 33 EAST IDAHO Planner & 6 Zoning HARI STILES ng Administrator MERIDIAN, IDAHO 83642 JIM JOHNSON Phone (208) 888-4433 • FAX (208) 887-4813 Chairman - Planning & Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 26, 1994 TRANSMITTAL DATE: 7/11/94 HEARING DATE: 8/2/94 REQUEST: Final Plat for Midtown Square Commercial Park__ BY: Steve Ricks LOCATION OF PROPERTY OR PROJECT: Crestmont and Chem Lane JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z _TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C _BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8t FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8l FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8t FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: Ul RUBBLE ENGINEERING, INC. • 2081322-8992 ■ Fax 2081378-0329 9550 Bethel Court ■ Boise, Idaho 83709 URS July 5, 1994 Shari Stiles City Planner City of Meridian 33 E. Idaho Street Meridian, Idaho 83642 Re: Midtown Commercial Park Submittal Dear Ms. Stiles, In response to your request for further information. Items 1 thur 6 submitted, Item 7, as this is a commercial development all of the buildings are to be constructed by the developer and leased to various tenants. The lease agreement is to take the place of the covenants. Item 8, five copies of the construction plans were submitted to the Public Works Department and have received approval. Approval letter submitted. If you need any further your help in this matter. Sincerely, V-9 0 4AP Richard D. Cummings Project Manager information please call. Thank you for i"\ HUBBLE ENGINEERING, INC. • 2081322-8992 ■ Fax 2081378-0329 9550 Bethel Court ■ Boise, Idaho 83709 9 Q. SURVEYO July 5, 1994 Shari Stiles, City Planner City of Meridian 33 E. Idaho Street Meridian, Idaho 83642 RE: Midtown Square Commercial Park Dear Ms. Stiles, On behalf of Steven K. Ricks and Carl Baker, we hereby submit the final plat application for Midtown Square Commercial Park Subdivision. The final plat of Midtown Square Commercial Park is in accordance with the conditions of approval of the preliminary plat and the provisions of the City of Meridian Subdivision Ordinance. This limited office commercial subdivision is also in substantial conformance with the City of Meridian Comprehensive Plan, and conforms with all acceptable engineering and surveying practices and local standards. Existing sewer and water mains will be extended to serve this project. Streets, curbs, gutters, and sidewalks will be constructed to standards as required by the Ada County Highway District and Meridian City Ordinance. All sidewalks will be five (5) feet in width. Please confirm the hearing date on which this final plat will be heard by the Meridian City Council. Thank you for your time and consideration. If you have any questions, do not hesitate to call. Sincerely, 1?na Richard D. Cummin Project Manager 1• 6u+0 HUBBLE ENGINEERING, INC. 99550 Bethel Court ■ Boise, Idaho 83709 2081322-8992 ■Fax 2081378-0329 SURV Project No. 9304801 May 11, 1994 DESCRIPTION FOR MIDTOWN SQUARE COMMERCIAL PARK, A SUBDIVISION A PORTION OF THE NEI/4, SECTION 12, T.3N., RAW., B.M., MERIDIAN, ADA COUNTY, IDAHO A parcel of land lying in a portion of the NEI/4 of Section 12, T.3N., R.1W., B.M., Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the brass cap marking the section corner common to Sections 6 and 7, T.3N., R.1 E., B.M., Section 1 and the said Section 12; thence South 89°49'10" West 2655.28 feet along the Northerly boundary of the said NE1/4 of Section 12, which is also the centerline of West Cherry Lane, to a brass cap marking the one-quarter corner common to the said Sections 1 and 12; thence North 89°49'10" East 672.71 feet along the said Northerly boundary of the NE1/4 of Section 12 to an iron pin; thence South 0017'50" East 40.00 feet to a 2 -inch galvanized iron pipe marking the real point of beginning (initial point) of Midtown Square Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book _ of Plats at pages _ and _, also said point being the REAL POINT OF BEGINNING (INITIAL POINT); thence North 0017'50" West 40.00 feet to a point on the said Northerly boundary of the NE1/4 of Section 12; thence along the following courses and distances to iron pins: North 89049'10" East 402.29 feet along the said Northerly boundary of the NE1A of Section 12; thence South 0017'50" East 48.78 feet; thence South 29°24'05" East 161.59 feet; thence South 47°58'50" East 156.60 feet to a point marking the Northeast corner of Lot 5 of Block 1 of the said Midtown Square Subdivision; Midtown Sq. Comm. Pk. Page 1 of 2 r .-`1 Project No. 9304801 May 11, 1994 thence along the Northerly boundary of the said Midtown Square Subdivision the following courses and distances: South 89°49'10" West 464.33 feet to a point of beginning of curve; thence Northwesterly along a curve to the left 37.38 feet, said curve having a central angle of 9°31'03", a radius of 225.00 feet and a long chord of 37.33 feet bearing North 48008'44" West to a point of tangent; thence North 52°54'15" West 46.74 feet to a point of curve; thence Northwesterly along a curve to the right 205.24 feet, said curve having a central angle of 52°43'25" a radius of 223.04 feet and a long chord of 198.08 feet bearing North 2603233" West to a point of tangent; thence North 0°10'50" West 4.22 feet to a point of curve; thence Northeasterly along a curve to the right 31.42 feet, said curve having a central angle of 90000'00", a radius of 20.00 feet and a long chord of 28.28 feet bearing North 44°49'10" East to a point of ending of curve, also said point being the point of beginning, comprising 3.04 acres, more or less. RDC/DTP/GLR/mf/507.des Prepared by: NUBBLE ENGINEERING, INC. 41 R o 4431 D. Terry Peugh, P.L.S. Midtown Sq. Comm. Pk. Page 2 of 2 - 5-94 TUE 15:07 157i OOOGSO 1. FOR VALLE RFA7.1% D. ALICE C. PAM. Trustee of the P40C Tamly Trust. dated aececber 1. 1969. t1'a Granrc r, does twruby gmc. hxrpntr. sell .wA cem-ey unto S'lH`.'E:f K. R*,CYF. %hose -wiling actress :s TO v. 4th Streat, Suitt 300. Boise. htdv 83M. t!1s rrarcea. the fnllcwir4 described premises, co -wit: IN TO COUNTY CP ADA, STATS CF fry.%ti. 3aei:acg at t.`.e ; s.;:t::: =r:6-7 a:Z 12, Township 3 :forth, 3a:.ge 1 Wass; theaca S. &�°51' _. s:c:r.; try north bcundary or 9a:d section 12 and a1a.g center .ire cr ccunty road 534.3 fiat to a point, the real point tr:�: or tajit:rr .ce S- °51' along the north bcL=&. y of said Sedt:cn 12 and a::r i said ccnter lira A- 0.7 feet to a ;eine; thence 3. 0'C2' 'a. faQC to a point in an irri�atlen ditch; ::tr.cd s. 29IC4k' said irrisaticn 3itcr.:61.0 feet to x ndInt, ti encs S. + °*w1 1. slog -WA Irr:iytion ditch 260.0 feut to a Foint; trance S. r•;•r• .at c v ' :7 .5 r ... n C • �°Mt. ;�. l eat r3 a O�:.Ci iiY'rCo z'eet to s point; c:.ar.:e Y. 600'42' :. `,c..:::aet to pc;nt bane of irrigazt0c ditch; thxae_ d. a_en; care c: a—.= lrr,gaticr. d1t4: 1291.50 feez to L, -.e rea. F:_;t :;r .:.xoept resds srd ditC:163. M FMT AM 10 WD 1YE said prerd-es, with t!vir acr's:[vra_ rr� unto the said Cr2nsee, his heirs and assims fa.o--er. And Ow acid 1rr:cor does hereby co+,vnant to xuf lith t;x' aa:d Gr•intee. :rJe ♦hr .4 the o6mer in fee sicple of said prunisesi thAt said Pro--ases are :Yr• fraa all em-mbrames, and that she wi11 +.nrramt ind c!efrnd the +.nr Prra: all Im.+fvl ciaiou %ohatsmver. Dated :his Use day t%f .hsly. 199]. 935867 REcoL, -93 JUL 23 115'111 02 ce Aa'- .rosre.v INSMUMENT No. V 11 VLtt�W DEED 893-21761 Q 1604000603 For value Received STEVEN K. MCAS do hereby tsn M release, remise and forever quit claim unto STEM K. RIGS AND MARGARET S. RICKS. HUSBAND AND WIFE - - - the following described premises. to -wit: SEE E MIBIT A ATTACHED HERETO AND MADE A PART HEREOF. together with their appurtenances. Dated: Sept. 13, 1993 SLATE OF IDAHO. COUNTY OF Ada on this /$ day of Sept- ,1993 W4 re in per, id State, personally • f°dKi�l`ie'vet��' Ricks ♦�% My Ccrt•n3.15 97. kno rnotlin. �t�8sP10Perna whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. Notary Public Residing at Boise, Idaho Comm. Expires 8-15-97 3376b03 1301SE TITLE & ESCROW J. RECORDCi !o '93 SEP 16 pill 12 01 Steven K. Ricks STATE OF IDAHO, COUNTY OF I hereby certify that this instrument was filed for record at the request of at minutes past o'clock in.. this day of 19 , in my office, and duly recorded in Book of Deeds at page By — Fe -A i Mail to: EvOffcio Recorder Deputy. • 1 .�, ,• ..� - - ..3 s i, ' t,ar ;fir t w .r .:. zj 7q.,4x f�,,,a:.3 ;L 4 '• = i r\� s w t • Yid t • rd*i` L 160400060 •`� :Y fNjwY•- "'f�SA r,ro= .if4 .'.. ....:.-"�r..'te4.. w, n; r? v ,.+ w, r EXHIBIT t ;A'portion.of the Northeast -quarter of"Section 12; Township 3 North, Range 1.West; Boise Meridian.:: 11d.Conntx, Idaho., poreparticularly. described as follows: f Beginning at'the ;uarter corner between Sections land 12,.Township+3 North'.Range 1' West; thence.;:.'. South'89'51' East along the,North boundary of said Section 12 and along center line of county«road 534.3 feet, to a point, the REAL -POINT OF BEGINNING; thence South" 89' 510:;East along ;the North boundary oisaid Section 12 and along said center line eet to,,. apoint, thence.' . South,.V 02!;x: West' 48:44eet.i.to ,a' point,- in fan irrigation ditch; thence •,' ; - , �Sopth.29'04;V/ East�along;:said irrigation- ditch: 161.1 feet to a point; thence t :Sorith��.47.'39':_East along; said irrigation ditch.268.0 feet to a point; thence ,..South"89'S1East 39.4 feet to a point; thence "_'South'; 0'020' West 788.' q feet to a point; thence ` North 89 West 157. feet to a point; thence a South 0002' West 70.6 feet to a point; thence North. 89'42'- West 298.08 feet to a point on bank of irrigation ditch; thence 'North 18005' West along bank of said irrigation ditch 1,291.50 feet to the REAL POUR OT x3 BEGINNING. 'Snbjecf to Ditch and Road Rights of Ways. V ' EXCEPT therefrom: '., A parcel of land lying in the Northwest quaater of the Northeast quarter of Section 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho and more particularly described as follows: Beginning at the North quarter corner of the said Section 12; thence South 89026946" East 1,075.00 feet along the Northerly boundary of the said Northeast arter of Section 12, which is also the center line of CHERRY LANE, to a point; thence South; 00269460.East 25.60 feet along a line 316.00 feet Westerly of and parallel to the centerline of West Fourth Street to a _ point, also said point being the REAL POINT OP BEGINNING; thence continuing South 0026146" East 15.00 feet along a line 316.00 feet Westerly of and parallel to the said center line of West Fourth Street to a point; thence North 89'26.46" Nest 527.00 feet along a line 40.00 feet Southerly of and parallel to the said Northerly boundary of the Northeast quarter of Section 12 to a point; thence North 17'40146" West 15.79 feet to a point; thence South 89'26146" East 532.51 feet along a line 25.00 feet Southerly of and parallel to the said Northerly boundary of the Northeast quarter of Section 12 to the POINT OF BEGINNING. 1tM u4�,}c iia •M1a'w.•. 1?11c1'.'• a ri S V' ....:sem No. S `•� •. � + 1i�.7iAYiQGa� • 1613000U`�8 QUffCLMM DEED IKI 'r Value Received ' STEVEN, K. RICKS AND MARGARET S. RICKS, HUSBAND AND WIFE - i' x 40 hereby cones release. amise and forever QUIZ claim k*a CARL L. BAKER XA1'HT.E� . HUSBAND AND WIFE AND STEVEN K. RICKS AND HARGARET unto. { p S'. RICKS, HUSBAND AND WIFE _ '�+''�.'k�:<s-r,, •� � Lam• � Spa rL : „' • � 91110wtng described Pgemsses. Wwite ^co ctick Q3� SEE ExHIBIT A ATTACHED HERETO AND MADE A PART HEREOF - - - ,� 7r 9382114 I301SE TITLE S= OF IDAHO. COUNTY OF Ada Onthi. 29th `' day of Sept. 0993 F✓a-; bsfon ms. A notary Public in Aad for said State. persoaslly Z%-. Steven K. Ricks ;,i� r. .,•.+• ;.: �= r :acro s'' "'..,......__ _ . , .... known to mp o be lbe persoes •:) whoSe name is subscribed to this within instrument. sad acknowledged to me th."t he executed the same. 4% >" Notary Public Residiaa . A Idaho Comm Expire' 8-15-97 ;•:,:.. ACA J. DAVM ::AVARRO BOISE ID 93 OCT pari4 4 FEE._ pE� RECOROcD A: 73E REQUEST OF pMargaret S. Ricks by Steven K. Ricks orney in fact ACKNOWLEDGEMENT — Attorney in Fact STATE OF ... Idaho ........... County of.... Ada ............. • ss 1. On this ...29th . �.......... .. . in the year.( ..... l 9.9bLki.F i . ��Ml18te! he and nigned, a Nonan Public in and for sa' ta*pM6f lisp iC7'S -Ricks .......... known or identified me $a' 'Ili 'er s :{wsc n/is subscribed to the withininsturmcnt. Wpoe* Wtip C•�iBTSar J` 7S, • Ricks ! O ............ . ....... thereto as principal, n�s..... own name asattuney, in fact. .Signa ..... Name:....... y C2 a.r.p•.�a• Residing . .. at:... Boise ............. . My commission expires: ..... 8-15-97.. ' ' ' ' • • . .. rawIVc r r}x A l�YL f u�" '�. , t .1 , a is �• t�>N;. .� �'Si'v . ___r e� 3 ,h, 1613000099: ..:' Y'I is t a i• Ni �y,2 .f'�wrS yr.� 'I .i La iii � �. �; Range 1 welt, Boise. A portion of the Northeast quarter,0 Section 12, Township 3 • ` described as'oownshi =3 "orth Rang Meridian, Ada County, Idaho, more pazticulazly T ? 1 x ween Sections 1 and 12' e Beginning at the qUA _ar corner bet a West; thence ; South ea•51' East along the North boundary of said Sect!= /2 and along center line o= county road'.534.3 fest to a point, the ;�=%.LoPOIZI+TtdOSa G ction 12 a"�009 Said center 13s ' South 89.51' East along the North bodary 540.7 feet to a poiatt,,thence South 00020 west 48.4 fest to a point is as irrigation ditch; thence thencLnte South 'tch 268.0 Last to a point; thence 29.04 1/2• East along said irrigation ditch 161.6 feet to a Do south 47.39• East along.said irrigation 'c..a South 89.511 East 39.4 fest to a post; _heats South 0.02', West 788.18 feet to a point; thence •:. North 89.42' west 157.5 feet to a point; thence South o•02' West .70.0 feet to a point; thence tion ditch; thence North 89.42' west 298.08 test to a point Mbank of irriga said irrigation ditch 1,291.50 tact to the DJML POM OF North 18.05' West along bank of i3saIIIInid Subject to Ditch and Road Rights of ways. EXCEPT therefrom: A parcel of land lying is the Northwest quarter of the Northeast qua -'ter of sac -Lon 12. Township 3 North, Range 1 West, Boise Meridian, Ada County. Idabo and .eore particularly described as follows: Beginning at the North quarter cc-ner of the said Section 12; thence Of the said Norths%st south 89.26'461 East 1,O75.O0 feet along the Northerly boundary quarter of Section 1Z, which is also the center line of CHERRY LAMB, to a point; thence and lel to the South 0.26'46• East 25.00 feet along a lnelso0said poiatfeet ebeiagrly tthe kExl. POINT OF centerline of West Fourth street to a point, BEGINNING; thence continuing parallel to the South 0.26146" East 15.00 feet along a line 316.00 feet Westerly of and para said center line of West Fourth Street ttolaa point; thenceSm ply of and parallel to the North 89.26.46' West 527.00 feet along intj thence th said Northerly boundary of the Northeast quartenceemrcoof Section 12 to i po Korth 17.40'460 West 15.79 feet to a poi lice 0 feet Southerly of and parallel to the 89.26 '46• Etat 532.51 feet along the Northeast quarter of Section 12 said Northerly boundary of to the POISZ OF South BEGnwlVG • b `' .. . , •'' - . i , r 4.. ,. ... Ai•r."r :M ..a..N;k.. -. { .rw:*:t}j• ,�.wj�.(+S:isR�wf•'�ri"ICwi��ia+wp+„'Y•'�=iT NsWn�.�a?;�'",1�p7'x�.e��'•�' ",(�y-�a �t�'li.'.r�� .. Fran A IM OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY 0. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS. Fire Chief W.L "BILL" GORDON. Pollee Chief WAYNE G. CROOKSTON. JR., Attorney June 2, 1994 Mr. Jim Merkle, P.E. Hubble Engineering, Inc. 9550 Bethel Court Boise, Idaho 83709 HUB OF TREASURE VALLEY _ NC BERS A Good Place to Live RONALD R. TOLSMA MAX YERRINGTON CITY OF MERIDIAN W BT W. MORROW 33 EAST IDAHO Planner & 3 Zoning STILES onlnp Adminlstrator MERIDIAN, IDAHO 83642 JIM JOHNSON Phone (208) 8884433 a FAX (208) 8874813 Chairmen . Planning a Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSPORD Mayor 111illill I RE: MIDTOWN SQUARE COMMERCIAL PARK Dear Jim; We have reviewed the sanitary sewer and domestic water development plans you have submitted for this subdivision, and approve of them for construction purposes. You may schedule a pre -construction meeting with us after you receive City Council final plat approval, street development plan approval from the Ada County Highway District, and sewer and water plan approval from the State of Idaho Division of Environmental Quality. This subdivision is within the area of the City Urban Service Boundary. Our water distribution system can provide domestic water service, and the required fire flow to this subdivision, and we can accept the sanitary sewage wastes for treatment at our sewage treatment facility. These determinations have been made by use of computer models developed for our facility plans. Please provide five (5) sets of "Construction Plans" to my office a minimum of 48 hours prior to the pre -construction meeting. If you should have any questions, please don't hesitate to call. S' rely, IV a-1 zglrl� Gary D. Smith, P.E. City Engineer i L E CC. File B. Stuart J. Shawcroft C:\wpwin60\xtd-jtr\plansprv.ltr 5qocdc, iImmff60 � b lf"** I ►N{Eg'TM ANTMENT D WELFARE DIVISION OF + Rev. ENVIRONMENTAL QUALITY !T 'Rev. Cecil D. Andrus, Govemor 1420 North Milton. I30ise, ID 83706-1260, (208) 334.0550 June 29, 1994 Mr. Steven Ricks 200 North 4th Street Boise, ID 83702 RE: Midtown Square Commercial Park Sewer and Water Lines Meridian/Ada County Dear Mr. Ricks: The plans and specifications for the subject project appear to meet State of Idaho standards and are approved subject to the conditions listed below; therefore, we recommend that the District Health Department lift sanitary restrictions on this development. 1. Please refer to the standard conditions in the Division of Environmental Quality (DEQ) review stamp on the documents. Also note that improper construction, operation, or maintenance may result in removal of the approval and reinstatement of the sanitary restrictions. 2. We have neither reviewed nor approved any stormwater runoff plan. The Division of Environmental Quality strongly recommends that you consider alternatives to the seepage trench disposal system. Properly designed and maintained soil -vegetation systems afford reasonable protection of groundwater. The Idaho Department of Water Resources can advise you whether such a system is appropriate for your project. A minimum separation distance of 25 feet must be maintained between the stormwater disposal system and the main water line. 3. Your plans call for 2 inch water service lines. Lines running through subsurface disposal beds shall be placed in protective (water class) pipe. Mr. Steven Ricks June 29, 1994 Page 2 Any major changes or changes that would result in violations of Idaho regulations must be reviewed by this office prior to construction. This office must also be informed of construction scheduling so that spot inspections can be made as necessary. Construction must be done under the supervision of an Idaho registered professional engineer. Within thirty days after construction, this engineer must provide as -built plans or a letter of certification stating that the project was installed substantially according to the approved plans. Sincerely, v Bill Freeman Water Quality Engineering Specialist cc: Central District Health Department Gary D. Smith, City of Meridian Rick Cummings, Hubble Engineering Michael A. Smith, DEQ-SWIRO Source File Ill Reading File REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT AND/OR FINAL PLAT TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerk's possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 p.m., Thursday following the Planning and Zoning Commission. GENERAL INFORMATION 1. Name of Annexation and Subdivision,Midtown Square Commercial Park 2. General Location, Crestmont & Cherry Lane NF -1/4, Section 12 T.3N., RAW. 3. Owners of record, Steven Ricks and Carl Baker Address, 200 N. 4th St., Boise, ID 83702 , Telephone 1208)344-3549 4. Applicant, Same Address, 5. Engineer, E. Don Hubble Firm Hubble Engineering Inc. Address, 9550 Bethel Ct., Boise, ID 83709, Telephone 1208)322-8992 6. Name and address to receive City billings: Name: Steven Ricks Address:200 N 4th St., Boise, ID 83702 Telephone(208)344-3549 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres: 3.04 2. Number of Lots: 1 3. Lots per Acre: 1 4. Density per Acre: 3.04 5. Zoning Classification(s): L 0 6. If the proposed subdivision is outside the Meridian City Limits, but within the jurisdictional mile, what is the existing zoning classification N/A 7. Does the plat border a potential green belt No 8. Have recreational easements been provided for No 9. Are there proposed recreational amenities to the City No Explain 10. Are there proposed dedications of common areas No Explain For future parks No Explain 11. What school(s) service the area N/A Do you propose any agreements for future school sites No Explain N/A 12. Other proposed amenities to the City Water Supply Fire Department , Other Explain 13. Type of building (residential, commercial, industrial, or combination) Commercial 14. Type of dwelling(s), single family, duplexes, multiplexes, other Office 15. Proposed development features: a. Minimum square footage of lot(s) N/A b. Minimum square footage of structure(s) C. Are garages provided for No square footage 400 sq.feet d. Are other coverings provided for No e. Landscaping has been provided for Yes Describe Berm with grass and shrubs on Cherry Lane f. Trees will be provided for Yes Trees will be maintained g. Sprinkler systems are provided for Yes l'1 h. Are there multiple units Yes Type Office Remarks i. Are there special setback requirements No Explain j. Has off street parking been provided for Yes Explain k. Value range of property N/A, rental properties 1. - Type of financing for development Protective covenants were submitted Date 16. Does the proposal land lock other property No Does it create enclaves No STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. is Jormisubapp.mer Lo 0 0 3A180 1NOVIIS380 .m v � Z m I 3NtlO 1NDRMW i� 0 a i ■!1 Lu I Immi E � f f t i � t 19 Nq n JdMkh DEVELOPMENT COMPANY Shari Stiles Meridian Planning & Zoning Director Meridian City Hall 33 E. Idaho Avenue Meridian, Idaho 83642 n July 11, 1994 RE: Midtown Square Commercial Park a/k/a Cherry Lane Center Dear Shari: We are requesting permission from the City of Meridian to hold a Pre -Construction Conference, and, subsequent to the Pre -Construction Conference, begin the installation of underground sewer and water lines for Midtown Square Commercial Park, a/k/a Cherry Lane Center, prior to the Final Plat (revised) review by the City Council. We believe this is a reasonable request for the following reasons: (1) The same parcel dimensions, location and zoning were approved by the City of Meridian on July 20, 1993; (2) The only change that has been made to the Plat is the removal of the interior lot lines so now there is one (1) commercial lot instead of three (3) commercial lots. (3) The Plat (with three lots) was approved by Meridian City Council on July 20, 1993. (4) The City Engineer, Gary Smith, has approved the construction plans for the installation of sewer and water. (See letter of June 2, 1994, attached). (5) The Division of Environmental Quality (D.E.Q.) has approved the plans for the installation of sewer and water. (See letter of June 29, 1994, attached) . (6) In the installation of the water line, we will need to tie into the residential water line of Midtown Square Subdivision. That water line is not yet fully tested for bacteria, and, once it is tested and passes, to tie into it by connecting to the commercial site, may result in contamination, requiring a retest of the entire subdivision water lines. We would rather connect the lines now, and then test and pass the entire system (commercial and residential) at the same time. 200 N. 4TH ST. • SUITE 300 BOISE, IDAHO 83702 (208) 386-9666 FAX (208) 344-3792 (7) We have a crew lined up to do the work immediately, which is an accomplishment in its awn right. (S) Many potential tenants want to know when Cherry Lane Center can be leased with desires to occupy as soon as possible. (9) We can't think of any health and safety concerns which could be legitimately raised against this request. (10) We are not desiring to accomplish anything that hasn't already been reviewed and approved by Meridian City many months ago. Essentially, all we want to do is get the underground work done (sewer and water) as soon as possible. We recognize that the Final Plat (as revised) must be reviewed and approved by Meridian City Council. We hope that matter can be set for a Council Meeting as soon as possible. Thank you for your consideration. Very truly yours, SR2 Devel t Steven K. Ricks SKR/pls cc: Grant P. Kingsford, Mayor of Meridian Ron Tolsma, City Council Max Yerrington, City Council Bob Corrie, City Council Walt Morrow, City Council William G. Berg, Jr., City Clerk Gary D. Smith, City Engineer Wayne Crookston, Meridian City Attorney Rick Cuma& gs , Hubble Engineering err vr- � G-'�`y Gaun� J �l �oUECEIVED JUL 13 L lrs C ol: MLqIDIAN 1171 0 71C d /�J �� lbi /�" / q f'YJ I /-.eS 1a(e e AS e- lo 74J` G)Ye-- ;oc ' 11� e5 J G G1 ` 7 ��f� fit' / /-5 /moo a �d�� fi�� / / , A X11 As <Sc c'o/s are-. i/ey e �✓ � ,6�/ i�� M e o, C,7 7l� 1h o ✓/yl�i �i T C�L%l�Jf�'c �S l�l�,S��'G�G,Sea� .�G-l/��/y/� G�/` �GC , l all 7ZII 9z d&i/s,, W2,4 7� eQ zoe-) 641,,4 MERIDIAN CITY COUNCIL MEETING: August 2.1994 APPLICANT: STEVE RICKS AGENDA ITEM NUMBER: 18 REQUEST: FINAL PLAT: MIDTOWN SQUARE COMMERCIAL PARK AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: COMMENTS FORTHCOMINING CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: To; Mayor, City Council From; Bruce Freckleton, Assistant to City Engineer ' -a& ow,w Re; MIDTOWN SQUARE COMMERCIAL PARK (Final Plat) I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the applicant during the hearing process: 1. Please submit Ada County Street Name Committee letter approving the Subdivision, and street names. Make any revisions necessary to conform. 2. Revise the Plat Notes as follows: (4.) ... RESUBDIVISION, OR AS ALLOWED BY CONDITIONAL USE. (6.) ... HIGHEST ESTABLISHED SEASONAL ... 3. Add the "North" designation to Crestmont Drive. 4. Clarify that the tie line to the Sewer and Water Easements is to the centerline of said Easements. 5. Submit page 2 of 2 of the Subdivision Plat for review and comment. C:\VnyVnN60\DUMPSTER\MIDTWNCP.C-C HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk RONALD R. TOLSMA MAXYERRINGTON JANICE L. GAS, City Treasurer CITY OF MERIDIAN' D. GARY D.SMTHSP.E.City Engineer MORRRE WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 Planner & Zoning Administrator W.L. "BILL" GORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-.4433 • FAX (208) 887-4813 Chairman - Planning & Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM: July 27, 1994 To; Mayor, City Council From; Bruce Freckleton, Assistant to City Engineer ' -a& ow,w Re; MIDTOWN SQUARE COMMERCIAL PARK (Final Plat) I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the applicant during the hearing process: 1. Please submit Ada County Street Name Committee letter approving the Subdivision, and street names. Make any revisions necessary to conform. 2. Revise the Plat Notes as follows: (4.) ... RESUBDIVISION, OR AS ALLOWED BY CONDITIONAL USE. (6.) ... HIGHEST ESTABLISHED SEASONAL ... 3. Add the "North" designation to Crestmont Drive. 4. Clarify that the tie line to the Sewer and Water Easements is to the centerline of said Easements. 5. Submit page 2 of 2 of the Subdivision Plat for review and comment. C:\VnyVnN60\DUMPSTER\MIDTWNCP.C-C OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON. JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 a FAX (208) 8874813 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 S Zoning Administrator JIM JOHNSON Rx+ '-`-Chairman • Planning 8 Zoning J V L 1 CITY OF MERMAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 26, 1994 TRANSMITTAL DATE: 7/11/94 HEARING DATE: 8/2/94 REQUEST: Final Plat for Midtown Square Commercial Park BY: Steve Ricks LOCATION OF PROPERTY OR PROJECT: Crestmont and Chem Lane JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PREUM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM $ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECL7771710N(PRELIM 81 INAL PLAT) CITY FILES . X. , O Ar nTuco• . �. a_ . I, YOUR CONCISE OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS. City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMSE=S RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRiE WALT W. MORROP: SHARI STILES Planner & Zoning Admmisra:c- RECEe'er JI HNSON Chairman fanning g Zc:- -- JUI. 14 CID ; . _.j_ .✓Iri,`� TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 26, 1994 TRANSMITTAL DATE: 7/11/94 HEARING DATE: 8/2/94 REQUEST: Final Plat for Midtown Square Commercial Park BY: Steve Ricks LOCATION OF PROPERTY OR PROJECT: Crestmont and Cherry Lane JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, CIC BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES 17✓ /3 . p OTHER: 7 YOUR CONCISEAREMARKS: f:�l r3 CX An/' R a Am 74 holle A KF_Wz!S'1.7W9 — W w- hgu.0- N6= T &g- citlJ-a I I b ^) S! lA3 h 4_ ! K G D It wi 6 7_ A, ee ( .o(_s � ^ RECEIVED SUBDIVISION EVALUATION SHEET JUL 1 8 1994 CITY OF MERIDIAN Proposed Development Name MIDTOWN SQUARE COMMERCIAL PARK City MERIDIAN Date Reviewed 07/21/94 Preliminary Stage Final XXXXXX Engineer/Developer Hubble Engr. / Steve Ricks The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee M per the requirements of the IDAHO STATE CODE. MOO -W &N. "is A &144c. L7<dit/ kbl � MIDTOWN SQUARE COMMERCIAL PARK X. Date 0-1 The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME. COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Meridian City Street Name Ordinance. The following existing street names shall appear on the slat as: "WEST CHERRY LANE" "NORTH CRESTMONT WAY" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEGENCY P ES NTATIVES OR DESIGNEES Ada County Engineer John Priester Date712-1150 Ada Planning Assoc. Terri Raynor ' Date % N^eridian Fire Dept. Representativ / .�i � � �- �'-Date n NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index NUMBERING OF LOTS AND BLOCKS NOT APPROVED roo CENTRAL DISTRICT HEALTH REVIEW SHEET Environmental Health Division RECEIVED Return to: J U L 2 1 1994 ❑ Boise DEPARTMENT El Eagle Rezone # CITY OF iy'fii:i4ri<irrt#t`i ❑ Garden city Conditional Use # Meridian ❑ Kuna Preliminary incl Short Plat1 [/�%��ir�l�% SCj�j/��GG'' �j�J/��C1,9-� �y//L ❑ ACZ ❑ I. We have Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ solid lava from original grade ❑ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ❑ 2 feet ❑ 4 feet 7. After written approval from appropriate entities are submitted, we can approve this proposal for: -a central sewage ❑ community sewage system ❑ community water well ❑ interim sewage central water ❑ individual sewage ❑ individual water 5PS-8. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: -@5 central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines $ central water 9. Street Runoff is not to create a mosquito breeding problem. ❑ 10. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store ✓, y Nal- 4)4F � Date• Z / l 9/—�— Reviewed By CDBD 10/91 rcb, rev. 11/93 jl; V 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 A011.1 10� HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT 0. CORRIE WALT W. MORROW 33 EAST IDAHO SHARI STILES MERIDIAN, IDAHO 83642 Planner & Zoning Administrator Phone (208) 888-4433 a FAX (208) 887-4813 �{ (�((� ^ JIM JOHNSON Public Works/Building Department (208) 887.2211 ' � L` �/ f Planning & Zon ng GRANT P. KINGSFORD 13 J I , ill Mayor �l NAMPA & ti9FR(DIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 26, 1994 TRANSMITTAL DATE: 7/11/94 /� HEARING DATE: /9 REQUEST: Final Plat fnr Mirltnwn cn..��e ■ A�1\/MAMAiwI ' BY: LOCATION OF PROPERTY OR PROJECT: Crestmont and Cherry -Lan -e-4 .Lauul JIM JOHNSON, PfZ MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, PfZ MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, PR ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, PfZ CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: All laterals and wasteways POLICE DEPARTMENT must be protected. Municipal surface drainage must CITYATTORNEY be retained on site. If any surface drainage leaves CITY ENGINEER the site, Nampa & Meridian Irrigation District must CITY PLANNER review drainage plans. It is recommended that irrigation water be made available to all developments within this District Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting Contact Donna Moore at 343-1884 or 466-7861 for further information Bill Ncinsau Acci cram Wa Pr SupprintPndgint Nampa & Meridian Irrigation District OFFICIALS WILLIAM G. BERG. JR.. City Clark JANICE L GASB City Trwurar GARY O. SMITH. P.E. City &4pnew BRUCE O. STUART. water wens Suot. JOHN T. SHAWCROFT. Waste, Water Suot. KENNY W. BOWOM Pke Chw W.L. "BILL" GOROON. Police Chief WAYNE G. CROOKSTON. JR.. attoMey n HUB 0)7 TREASURE VALLEY A Good Place to Live CITY OF MERIDLAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phare (2081888-4433 0 FAX (2041887-x813 Pubik Works/>h Wft Dgwtnmm (208) SV -2211 GRANT P. KINGSFORD MYor COUNOL MEMBERS RONALO R. TOLSMA MAX YER111NGTON ROBERT O. CORRIE WALT W. MORROW SHARI STILES Ph- & ZO" Aenamstrator RECEIV&D.. Pl , a zon-9 J U t 2 8 1994 CITY OF MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 26, 1994 TRANSMITTAL DATE: 7/11/94 HEARING DATE: 8/2/94 REQUEST: Final Plat for Midtown Square Commercial Park BY: Steve Ricks LOCATION OF PROPERTY OR PROJECT: Crestmont and Cherry Lane JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER. P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C 808 CORRIE, CIC WALT MORROW. C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFlCE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PREL IM & FINAL PLAT) U.S. WESTO"ELIM & FINAL PLAT) INTERMOUNTAIN GAS(PREL.IM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: U S WEST REQUEST A BLANKET EASEMENT TO BE PLACED ON FINAL PLAT. THANK YOU A.J. CARLSON DATE•_a MERIDIAN . o`� �.« CITY COUNCIL AGENDA ITEM NUMBER F APPLICANT: Q\Q'yy lyis AGENCY MERIDIAN POLICE REQUEST : Tozcii1L Q -Ll k kzri � R `i 4c LO COMMENTS - MERIDIAN FIRE DEPT. MERIDIAN CITY ENGINEER -S" V \-G uA CeY`�vwL,v�' MERIDIAN ATTORNEY - MERIDIAN POST OFFICE - MERIDIAN SCHOOL DISTRICT MERIDIAN BUILDING DEPT. - ADA COUNTY HIGHWAY DISTRICT ADA STREET NAME COMMITTEE - J CENTRAL DISTRICT HEALTH - �� N0 Jls coyvl-ma)v NAMPA MERIDIAN IRRIGATION SETTLERS IRRIGATION - IDAHO POWER - SP-�L a US WEST - INTERMOUNTAIN GAS - BUREAU OF RECLAMATION - MERIDIAN CITY ATTORNEY G� SCA MERIDIAN PLANNI.NG DIRECTOR - OTHER COMMENTS : E�QZ Wi�A i- -tc CORPORATE L IMI TS CqE E AVIE, m � IWD, I; Zi .2 90! 1pn I LD IJ L�.l��pa,TON • AVENUE 4 G712i FROST S WEST SIDE AOD. P — i- -- T t I , �,r31r� RRA SIE E,.4,'7 4� IVIS ION 'i. N�• • 1 I � 1 I x W N ).2 111�/11�11111I1 d�d � � � " a ■. occ�c�o�clmoil lr/1 nu.nuu, $$M.. 'O a � lui�/11'11/ 1 IOCt It;,, OGOaoao pagelges, Ion �A4A •>i„ -sic ti _.. `� Illllllillllllil 1111��1111 1�'�1110�10 1�� • .va va v� �- rev, v o v o� v Q°C�4�4:�►��iiii OCoi ■■�i7O 0 O Irr�.�l�ll _ .:.........r..rr .rr�r�rYr� i�i��0�� - / W' 2 i s •�-- .--1 . I : F \ 7 a 5 • h---111 W Ir �• ryI ~— 3 n s 2 D K I .1 ' WASHINGTp, .� •o �- -� t 3 =c LD IJ L�.l��pa,TON • AVENUE 4 G712i FROST S WEST SIDE AOD. P — i- -- T t I , �,r31r� RRA SIE E,.4,'7 4� IVIS ION 'i. N�• • 1 I � 1 I x W N ).2 111�/11�11111I1 d�d � � � " a ■. occ�c�o�clmoil lr/1 nu.nuu, $$M.. 'O a � lui�/11'11/ 1 IOCt It;,, OGOaoao pagelges, Ion �A4A •>i„ -sic ti _.. `� Illllllillllllil 1111��1111 1�'�1110�10 1�� • .va va v� �- rev, v o v o� v Q°C�4�4:�►��iiii OCoi ■■�i7O 0 O Irr�.�l�ll _ .:.........r..rr .rr�r�rYr� i�i��0�� - / IDAHO DEPARTMENT /0%,k OF HEALTH AND WELFARE - x� a' DIVISION OF �� ENVIRONMENTAL QUALITY +. -U N(I'T Hilton, Boise. ID 83706-1260, (208) 334-0550 Governor June 29, 1994 Mr. Steven Ricks 200 North 4th Street Boise, ID 83702 RE: Midtown Square Commercial Park Sewer and Water Lines Meridian/Ada County Dear Mr. Ricks: The plans and specifications for the subject project appear to meet State of Idaho standards and are approved subject to the conditions listed below; therefore, we recommend that the District Health Department lift sanitary restrictions on this development. 1. Please refer to the standard conditions in the Division of Environmental Quality (DEQ) review stamp on the documents. Also note that improper construction operation or maintenance may result in removal of the approval and reinstatement of the sanitary restrictions. 2• We have neither reviewed nor approved any stormwater runoff plan. The Division of Environmental Quality strongly recommends that you consider alternatives to the seepage trench disposal system. Properly designed and maintained soil -vegetation systems afford reasonable protection of groundwater. The Idaho Department of Water Resources can advise you whether such a system is appropriate for your project. A minimum separation distance of 25 feet must be maintained between the stormwater disposal system and the main water line. 3. Your plans call for 2 inch water service lines. Lines running through subsurface disposal beds shall be placed in protective (water class) pipe. Mr. Steven Ricks June 29, 1994 Page 2 Any major changes or changes that would result in violations of Idaho regulations must be reviewed by this office prior to construction. This office must also be informed of construction scheduling so that spot inspections can be made as necessary. Construction must be done under the supervision of an Idaho registered professional engineer. Within thirty days after construction, this engineer must provide as -built plans or a letter of certification stating that the project was installed substantially according to the approved plans. Sincerely, Bill Freeman Water Quality Engineering Specialist cc: Central District Health Department Gary D. Smith, City of Meridian Rick Cummings, Hubble Engineering Michael A. Smith, DEQ-SWIRO Source File A7 Reading File JUN 7 '94 10:47 csria " w LL1AWc.=VNjX-Cft0«k dwrelCQ 4 carr. dq 11ww��r pRgY A fMItM, ►,�,pN� BPKMO.if1lAlIT.lNrlpm t*mPf. �O,INT.911Aw{".�gFT f41Mt�t��, IWMnT1N. FYt CMM w � "mL�oo1:OGN. feMwCMw WAYNE 4L OW"arfoK ik Anmmw June 2, 1994 1 UBQPTREASUREVALLEY A Good Phae to Uv* CITE OF ME -Pd -DIVAN MIMMIAN, tZi M ING PWft P* =-M • SAX tW884613 Price Wow ft&ft mmmm pmm,=1 aLwai" Kaaamm mW Mr. Jim_ 19 U V 1 Hubble . P.F. 9550 Bethel Court ' g ON Hausa, Idaho 83709 RE: hM TOWN SQUARE COMMERCIAL PARK near ]im; PAGE.002 cou"m mu m Maws a rou"A K" to�f 0. Comm ftm.Tw.M0ft%0W !Maur SMM ft"W i z"ft Admm*pmm • vmr�rq ami* We have reviewed the sanitary xwer and domestic water damlopment ph= you have emitted for this subdivnion, and approve of them for consftwhon pmposea. You may souk a pfe-ooesambou mwtwg with us ail e r You raoeiv+c City Council Emai plat approval, stmt developumat Plea approvul from the Ada County Highway DWriet, and sewer and water plan approval fim the Stale of Idaho Division of Eat Quafty. This sabdividw is within the am of the City Urban Service Boundary. Our water dignbution system canthe ' sewsp �c water ftcaumm �the required fine flow to this subdivision, and we can aaxpt sewage treamunt facility. These detenn}xlat m have been made by use of c omp0m models developed fbr our facility phare. Please provide five (5) sets of'Consbnuction Plana' to my offoa a n6uhmm of 48 hoar: plioar to the pee-conatrurrtioel meeting. N you should have any qucmmn, plow don't hemb to to call. Clary D. Smith, P.E. City ac. lie B. Stuart J. Sbaweraft c:tgws601N/•�eloyrl�,nmr ** TOTAL PAGE.002 ** c�nc JAMES E. BRUCE, President GLENN J. RHODES, Vice President CHARLES L. WINDER, Secretary TO: Steven K. Ricks 200 N. 4th Street Boise ID 83702 FROM: Larry Sale, Supervisor Development Services .. _. ,-:,r v _.. — May 13, 1993 SUBJECT: MIDTOWN SQUARE SUBDIVISION - PRELIMINARY PLAT On May 12, 1993, the Commissioners of the Ada County Highway District (hereafter called "District") approved 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 /'1 May 13, 1993 Page 2 3. Furnish copy of Final Plat showing street names as approved by the Local Government Agency having such authority together with payment of fee charged for the manufacturing and installation of all street signs, as required. 4. If Public Rights -of -Way Trust Fund deposit is required, make deposit to the District in the form of cash or cashier's check for the amount specified by the District. 5. Furnish easements, agreements, and all other datum or documents as required by the District. 6. Furnish Final Plat drawings for District acceptance, certifications, and endorsement. The final plat must contain the signed endorsement of the Owner's and Land Surveyor's certification. 7. Approval of the plat is valid for one year. An extension of one year will be considered by the Commission if requested within 15 -days prior to the expiration date. Please contact me at 345-7680, should you have any questions. S cc: Development Services Chron Hubble Engineering Meridian City Hall VC JAMES E. BRUCE. President GLENN J. RHODES, Vice Resident CHARLES L. WINDER, Secretary TO: ACHD Commission FROM: Development Services n INTER -DEPARTMENT CORRESPONDENCE MIDTOWN/DSTECH 5-12-93 DATE: May 10, 1993 SUBJECT: PRELIMINARY PLAT - MIDTOWN SQUARE SUBDIVISION (Developer - Steven K. Ricks, 200 N.4th St., Boise, ID 83702) (Engineer - Hubble Engineering Inc., 9550 Bethel Ct. , Boise, ID 83709) FACTS & FINDINGS: 1. Midtown Square is a 46 -lot single family residential and 3 -lot limited office subdivision on 16.4 acres of property located on the south side of Cherry Lane approximately 300 -feet west of W. 4th, Street. W. 4th Street between Cherry Street and Maple Avenue will be connected. The office parcels (Lots 1, 2 & 3) will take access to Cherry Lane and the proposed street into the project. 2. Cherry Lane currently has 80 -feet of right-of-way and is fully im- proved with a 65 -foot street section. The 2000 Urban Street Functional Street Classification Map designates Cherry Lane as a minor arterial roadway. Staff recommends that the proposed new street intersection (northeast corner of subject parcel) with Cherry Lane not be allowed due to the proximity to neighboring street intersections and the access to the convenience store at the northeast corner of Cherry Lane and Crestmont Street. A street connection further west would be accept- able to staff, preferably opposite Crestmont. 3. It appears that the parcel on the west of this parcel will be effectively landlocked for second access. The narrow frontage on Cherry Lane is blocked off by the dwelling, not allowing street access to Cherry Lane. A stub street from this project could provide secondary access and inter -subdivision communication. 4. The ACHD Capital Improvement Plan shows Cherry Lane as currently operating at Level of Service (LOS) A/B and is projected to operate at LOS A / B in 2010. ada county highway district 318 East 37th - Boise, Idaho 83714 - Phone (208) 345-7680 PRELIMINARY May 10, 1993 Page 2 10 \ PLAT - D TOWN SQUARE SUBDIVISION 5. W. 4th Street (south of Cherry Lane) has 30 -feet of right-of-way (west of centerline) and is improved with one-half (curb and 4 -foot sidewalk on the west side) plus 12 -feet of a 36 -foot street section from the inter- section to the south boundary of the parcel at the corner. From there to the south boundary of the second parcel from the intersection is a gravel road in 30 -feet 'of right-of-way. The 30 -foot wide right-of-way extends south to the right-of-way extending north from Maple Avenue. 6. W. 4th Street (north of Maple Avenue) has 60 -feet of right-of-way abutting the parcel at the northeast corner and is improved with one- half (rolled curb and no sidewalk on the east side) plus 12 -feet of a 41 -foot street section. The proposed preliminary plat shows the street connection to Cherry Lane, but only half width. District policy re- quires a minimum of 24 -feet of paving to go with the curb and sidewalk'- improvements idewalk'-improvements when a street is constructed next to an adjacent parcel. The developer will need to provide for 12 additional feet (east of centerline) of right-of-way width to construct an adequate roadway section, or move the improvements west in the existing right-of-way to provide for the 5 -foot sidewalk and minimum 24 -feet of paving (includ- ing curb and gutter) . 7. The proposed intersection with W. 4th Street needs to be aligned with Maple or offset at least 125 -feet. 8. This application is scheduled for public hearing by the Meridian Plan- ning & Zoning Commission on May 11, 1993. SITE SPECIFIC REQUIREMENTS: 1. Redesign the project so that no lots take direct access to Cherry Lane and the proposed street connection to Cherry Lane is moved to align with Crestmont Drive or eliminate the connection. Align the intersec- tion of W. 4th and Maple or provide at least 125 -feet of offset. 2. Dedicate 20 -feet of right-of-way west of the centerline of W. 4th from Cherry Lane to that part of W. 4th (north of Maple) that has 60 -feet of right-of-way (20 additional feet) . 3. Construct curb, gutter, 5 -foot sidewalk and paving on W. 4th abutting parcel. or contribute the cost thereof to the Public Rights -of -Way Trust Fund. Improvements shall be constructed to one-half (west side) 41 -foot back-to-back street section. Construct 24 -feet of paving (mini- mum) from the existing pavement south of Cherry Lane to the subject parcel boundary or construct a paved turnaround at the north end of the parcel. Obtain and/or dedicate additional right-of-way if necessary. 4. Provide a stub street to the parcel on the west. ELESS -� s C LO V lo �uyor I�d S. � Lan � � E i leer planners Civil En3ao Mr. Will Berg City Clerk City of Meridian 33 East Idaho Street Meridian, Idaho 83642 October 25, 1995 RE: NAVARRO PLACE SUBDIVISION Irrigation Facilities Dear Will: RECEIVED 0 C T 2 7 1995 CffY 4F MERIDIAN Please be advised that the irrigation well and distribution facilities for NAVARRO PLACE SUBDIVISION are in place and functioning as per design at this time. Minor problems have occurred due to actions of other utilities and they are immediately repaired when discovered. Test pumping of the well indicates an ability to produce beyond our proposed water right and should be more than sufficient to meet the needs of the subdivision. The facility will allow for concurrent irrigation of 9 lots. The ownership and affiliated responsibility for operation and maintenance of the facilities will be turned over to the home owners association as set forth in the covenants and restrictions within the home owners association documents. Should you have any additional questions, please contact this office. Sincerely, Keith A. Loveless, PE/PLS Project Engineer 93-079 3330 Grace Street • Boise, Idaho 83703 • (208) 342-7298 i� �rlrl�MiOaLIL4a,Y �Y\rrrlY rrM� OK ricNOR O/K 06 •�7t 7�1Y�1tf •erLa-r— i`Fl��saiiT-�L �se�asz— 't�3'wi-'�amsz: r I DECLARATION OF CONDITIONS AND NAVARRO PLACE DATED: RECORDED: INSTRUMENT NO. f r\ COVENANTS, RESTRICTIONS FOR SUBDIVISION KNOW ALL MEN BY THESE PRESENTS: That the undersigned, FOUR T'S INC., an Idaho corporation, JOHN NAVARRO and GLORIA NAVARRO, husband and wife, do hereby certify and declare that all the land embraced within the Navarro Place Subdivision, Ada County, Idaho, and the plat thereof being duly recorded in the office of the County Recorder of Ada County, Idaho, and any conveyance describing any lot, parcel, or plat of said subdivision shall be subject to the restrictions, covenants, and conditions hereinafter expressed, and that by the acceptance of any such conveyance, the Grantee or Grantees therein, and each of them, and their heirs, executors, administrators or assigns, covenant and agree to and with the undersigned, and its assigns or successors, as to such property described in such conveyance as follows: All property and residential lots within Navarro Place according to the official plat thereof, on file in the office of the County Recorder, Ada County, State of Idaho, as shown by Book of plat at pages and , records of Ada County, Idaho, except Lots 6 and 7, Block 2, so long as existing houses remain. RESTRICTIONS SECTION 1 - GENERAL PROVISIONS FOUR T'S INC., an Idaho corporation, JOHN NAVARRO and GLORIA NAVARRO, husband and wife, herein referred to as the "Grantor," hereby declares that there is to be established a general plan for the development, improvements, maintenance and protection of the real property embraced within the boundaries of the Navarro Place referred to herein as "The Plat", and the Grantor does hereby establish this Declaration of Covenants, Conditions, and Restrictions, hereinafter called "Restrictions," as set forth in Sections 1 through 22 both inclusive hereof. The Restrictions herein provided shall attach to and shall pass with the real property hereinbefore conveyed to the Grantee, and shall bind all persons who may at any time hereafter and from time to time own or claim any right, title or interest in and to said real property, whether acquired through voluntary act or through operation of law. Now, therefore, Grantor hereby declares that all of the properties described above shall be held, sold, and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for 1 the parpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any pa=t thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. The term "Grantor", wherever used herein, shall refer to FOUR T'S INC., JOHN_-NAVARRO and:.GLORIA NAVARRO, or any person or persons or corporation to whom the rights of the Grantor, as set forth in these Restrictions, shall be' specif-ically trans- ferred. The term "Grantee", wherever used herein, shall refer to any person, corporation or association who shall hereafter assert of claim any right, title, claim or interest in and to the said real property, or any part and parcel thereof, whether as successors in title or otherwise, and whether voluntary or by operation of law. The Grantor hereby covenants -or all of said property; and each Grantee by rat i=kation of these covenants, conditions, and restrictions, or by acceptance of a deed or contractof pur- chase therefor; whether or not it shall be so expressed in any such deed or other convevar_ce or agreement for conveyance iS deemed t0 COVenaIlt and agree t0 COI«^ly vr_th and abide by these covenants, Condlt_Oas and rests- t 0I1S and agrees for himself, his heirs, administrators, and assigns to be bound b_v each o_ such covenants, reS�rictions, reservations, and servitudes Dointly, separately and severally. Should the Grantee violate or attempt to violate any of the Drov'slons of these Restrictions, Grantor, architectural con- trol comittee, or any other person or persons oning any real property embraced in the Plat, at i�; ts or their option, shall have full power and authority to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any of the said Restrictions, either to prevent him or them from so doing, to mandate compliance, or to recover da --Mages sustained by reason of such violation. Should the Architectural Committee or owner employ counsel to enforce any Of these res i rictlons , or right of repurchase, by reason of such violation, all costs incurred in such enforcement, including a reasonable fee for Counsel, shall be paid by the owner o= such lot or lots, and the architectural Committee or owner shall rave a lien L'_ on such lot or lots to secure pay -meat of all such accounts. The breach of any of these covenants, conditions, restrictions, or any repurchase by reason of such breach, shall not defeat or render invalid the lien of any mortgage or deed of" trust made In good faith for value as to any lot or lots Or por- tions of lots in such premises, but these covenants, condit-Ons, K reservations, and restrictions shall be binding upon and effec- tive against any such ir:ortcagee or trustee or owner thereof, whose title thereto or whose title is or was acquired by fore- closure, trustee's sale, or others°ise. No delay or omission on the part of the Grantor or the owners o= other lots in the properties in exercising any rights, power, or remedy herein provided, in the event of any breach o= the covenants, conditions, or restrictions herein contained, shall be construed as a waiver t ereof or acquiescence therein, and no richt of action be brought or maintained by anyone what- soever against the Grantor `or or on account of his failure to bring any action on account of any breach of these Covenants, conditions, or restrictions herein which may be unenforceable by the Grantor. These covenants, conditions and restrictions, are c=.,-,- -a L. and all remedies provided herein for breach are in addi-- tion. to any rights and remedies provided by local or state leaF: s , and not in lieu thereof. Invalidation of any provisions, sentence, or paragraph certained in the Restrictions by judgment or court order shall in no way affect or invalidate any o= the other provisions, but the same shall be -and remain_ in full force and effect. In the event the provisions of these Destrictier.s; are declared void b_v z. court by reason o: the period of time herein stated for which the sane shall be effective, then ; ^ that event such terms shall be reduced to a period of timie which shall not violate the rule against suspension of alienation as set -forth in the laws of the State of Idaho. Approval by a city or county governing board, vested V,1ith the responsibility of reviewing planning and zoning having jL•risdict'_on over this subdivis'-on, of any application made by any Grantee which is in conflict with any covenants, conditions or restrictions of this Declaration shall in no way affect or invalidate this Declaration, but this Declaration shall remain in full force and effect, and subject to enforcement and remedies for violation hereof. SECTION 2 - LAND CLASSIFIC�_TIO�S _Z_N0 DEF i_NITIO2YS a. Lot: A lot shall be any plot or tract described in the above recorded plat which is designated for residential construction and shall exclude those portions as described in Section 2-C. 1. No residential lot shall be divided into two or more building sites. 3 b. Building Site: A building site shall consist of at least (1) one of the residential tracts or lots as platted on said plat, or (2) a parcel composed of one or more such residential tracts or lots or portions thereof, the depth and frontage of which parcel shall be similar to or exceed the depth and frontage of residential tracts on lots as platted in the same block or immediate vicinity, provided Grantor reserves the right to adjust said lot or tract lines so long as it is not in violation of applicable county or city regulations and in accordance with the terms and conditions of these Restrictions and the purpose thereof. C. Common Area Lots: Lot 6, Block 1, Lot 13, Block 2, Lot 1, Block 6, and Lot 8, Block 2, -are designated common area lots. Said lots will be maintained by Navarro Place Homeowners' Association, as provided for in Navarro Place Homeowners' Association Agreement. d. Owner: Shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any lot, which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. e. Properties: Shall mean and refer to that certain real property described herein filed with reference to lots and blocks in Navarro Place Subdivision. f. Single Family: An individual, doing his own cooking, and living upon the premises as a separate housekeeping unit, or a collective body of persons doing their own cooking and living together upon the premises as a separate housekeeping unit in a domestic bond as distinguished from a group occupying a boarding house, lodging house, club, fraternity or hotel. SECTION 3 - BUILDING RESTRICTIONS All lots and improvements thereon within said Subdivision, except those parcels identified in Section 2-c above, shall be used exclusively for single family residential living purposes and such uses as are customarily incidental thereto, unless otherwise specified on a recorded plat or in a supplemental declaration covering a lot within said Subdivision: 4 A-41 n a. Except as provided in Section 2, no lot shall be improved except with a dwelling or residential structure or complex designed to accommodate no more than a single family and its servants and occasional guests as customarily incidental to a residence designed and constructed in accordance with the provisions of these covenants relating to approval by an Architectural Committee and containing at least 1400 square feet. b. No structure or above ground improvements shall be permitted on any lot which are detached or sep- arated from the principal structure unless located within a reasonable compact area adjacent to the principal structure and unless designed as a sin- gle visual element connected or related visually with the principal structure by fencing or other architectural features and in accordance with other requirements of these covenants. C. No dwelling or residential structure and no other structure or above -ground improvements shall rise more than two stories from the ground level unless approved by the Architectural Control Committee. d. No house trailer, tent, shack, unattached garage, barn or other outbuilding or structure shall be erected or placed on any lot within said subdivi- sion, except a storage shed not to exceed 12 feet by 12 feet and except for construction and/or sales offices as provided by Section 5 herein. e. All residential building sites subject to the cov- enants shall remain of the size and dimensions shown upon the recorded plat referenced herein, save and except where a change may be made in con- nection with the reservations relative to such change made in accordance with the provisions of these covenants and the law thereunto appertaining. f. No house, garage, outbuildings, fence or other structure shall be built, erected, placed, materi- ally altered or materially repaired including with- out limitation the altering repair of surface colors or textures on any lot in the unit or sub- division unless and until the building plan speci- fications and plot plan have been reviewed in advance by the Architectural Committee and the same has been approved conditionally or otherwise. Said review and approval shall include without being restricted topography, finish ground eleva- tions, landscaping, drainage, color, material 5 A0_*_ design, artistic conformity to the terrain and other residences in the area, and architectural symmetry. Said requirements as to the approval of the architectural design shall apply only to the exterior appearance of said improvements. It shall not be the intent of these restriction to control the interior layout of design of said structures. g. No pre-existing dwelling or pre -fabricated dwelling shall be moved onto any lot. All dwellings in this Subdivision must be constructed on the lot. h. No dwelling, house or garage or any part thereof or any structure, (exclusive of fences and similar structures) shall be placed nearer than twenty (20) feet to the front or fifteen (15) feet to the rear of the building site on which it is located. No building foundation or wall shall be erected nearer than five (5) feet to any side lot line per story, and upon corner lots all buildings shall be at least twenty (20) feet from the side street line; this provision shall also apply to garages or other buildings located on the rear quarter of any lot. For the purpose of this covenant, eaves, sewer and gutter shall not be considered as a part of the building, PROVIDED, HOWEVER, that this shall not be construed to permit any portion of a building or any site to encroach upon any other site. Where it is architecturally possible, it is recommended that all garages be incorporated in and made a part of the dwelling house. i. All buildings shall be of frame, stone, brick, concrete or steel construction and, if other than brick or stone, shall be finished and painted and kept in good repair, and said property shall be used in such manner as to be inoffensive to any other property owners. Each house in this Subdivision shall have at least 80 square feet of brick, stone or stucco on the front exposure. SECTION 4 - APPROVAL OF PLANS Plans of all buildings and fences to be erected to any building site embraced in the plat must be submitted to the Architectural Control Committee of not less than two members, hereinafter called "Committee", which shall exercise the rights herein reserved. 101 Complete plans and specifications of all pro- posed buildings and structures, together with a detailed plan showing proposed location on the particular building site, shall be submitted to the Committee before any construction or alter- ation is started, and such construction or alteration shall not be commenced until written approval therefor is given by the Commit- tee. .;o plan_ shell be teemed to have been approved by the Coi:utittee unless its aoo_oval is in writing executed by at least two members of the Co-rnittee, provided that ao_prcval shall be deemed given if the Corrittee =ails to approve or disapprove a proposed charge or to maize additional requirements or request additional i nforzati on wi tali n forty-five (i5) days after* a full and complete description o= the proposed change has been fur- nished in writing po Zne C0.:.2...ee With a written and specific request =or approval . .t i s ��nders recd til=_t no plan will be given :anal approval until a qualified 'Z ilding contractor chosen bir the Grantee has sub -erred t0 theCox-mittfor approval. 1 Grantee agrees t at ':e eCIt S O: he Committee shall be wholly discretionary aAd shell be binding upon Grantee whether exercised or not. . O al __ _ rC': = 'eats, Co: St='1CtiOnS and alterat=onS upon any building = Cc-__ i ttee shall have the right to refuse improvem.e _ , conS=_`:Ct_on or z_terations, which, in its opinion, are not _ =_bre or desirable for any reason, aesthetic Or OtherWiSe. SG =)=:==:- a.u-_ cn such des_gni the Comumittee shall have the riv___ce _n the exerc_se of its discretion to take into considera t_0=? the su tabilit•: O. the proposed building Or other s -rupture, __ e materials of which '_ - is to be built, and the exterior color eche-te i^ relation to the site upon which it 1S proposed t0 e_'Ct? `�' _ Cci=_ttae may also consider whether the Dropcsed structure and design shall be in harmony with the sur'roundi gs, tL: effect o= ti . buildi;:g or other struc- ture or alterations the -re -in as pl-annel wen viewed from the adja- cent or neighboring -zroper-y, of=ect or impairment that said structure Will h_ve on the view o= s :rroundi_^_g building sites, and anv anall other --facto s, w1nich, in the Coy rni tree's opinion, shall aff2Ct ti?e d e S !itv o_ Such Proposed structure, irn-Drovemerit5 or __„zi:al COGstru-Cti011 shall strictly adhere with the p'_ -ns ._..nd Specifications as approved. -Said Cc =__ _fee -__.11 ce composed o' TED G. HEPPER, TEDI J. HEPPER, AND TIM L. HEPPER, and the_r successors, and shall serve `or the time and on c;,nc_tiens as the Gr_=ntcr, in its sole dis- cretion, shall Dre=C=_.^a, provired that the CO: -mittee may appoint successor mere:,ers from tr.e residents the Properties who shall serve as long as tae-: are residents, and may also appoint resi- dents as successor r:S'_e=S i_ --on =::eir resiCnat=oil. 7 Grantee specifically agrees with Grano: that such Com- mittee, its members, and the Grantor shall incur no liability for any or:.ission or act by any of said above-named parties under Section 4 of these Restrictions. In the event of death or resignation of a member, the remaining member shall have full authority to act, and within a reasonable tire after the occur-- _ence of such vacancy, shall appoint a replacemen_. Grantor reserves the right to construct residences and other improver-,e_nts Upon any residential lot building site In said subdivision, and to offer said lots, together with the completed residence and structures thereon, fOr Sale tindividual grantees. individual SECTION 5 - TEMI.PORARY STRUCTURES No structure of a temporary character, trailer, base- mer_t, tent, s aC;:, garage, ba=n or other Gutbu_ld?__g shall be used on any lot at any time -as a residence either temporarily or permanently. However, for construction and/or sales purposes, a temp orary or mobile construction and/or sales o==ice of a size, the character and design approved b the e Cont- y rc � plural Co�_�.rol Cc -_mi ttee, may be placed upon a lot within said subdivision dur- ing the period the Grantor or his authorized agent is selling bu,; 1 di ng s=tes in the subdivision or any ad jace_^_ t properties or su--divl S on S . SECTION 6 - PROSECUTION Cr CONSTRUCTION WORK The construct=on c= the dwelling house and structL'res shall be prosecuted diligently, continuously and without delays =nom time of commencement thereof until such dwelling house and structure are fully completed and painted. All structures shall be completed as to external appearance, including finished payrat- ing, yard turfing and landscaping, within six (6) mor_ths from the date of corLmencemer_ of construction unless prevented by causes beyond the control of the Grantee and oli: for such =ire that such cause connnue.s . SEC'fiOtd i - WELLS, `ftiT-ER SYSTF.-M AND•2hi R= "_S COi O_v a. -Each lot and dwelling unit(s) thereon shall bo connected to the Meridian City municipal domestic water Provided for and installed in said subdiv?- sion. Cran;ee shall be responsible for the hook- up fees, cost, charges and assessments and Grantor may recover funds advanced, if any to obtain pre- liminary construction. additionally, each lot shall :ave access to pressurized irrigation as provided fer by Grantor. Maintenance of the A T pressurized irrigation system shall be the sole responsibility of Navarro Place Homeowners --- Association. b. Initial design, landscape, and lighting of common area lots (as described in Section 3c) shall be provided by Grantor. Maintenance of =aid lots shall be the sole responsibility o= Navarro Place Hor:eowners Assoc;at;on. SECTION 8 - IRRIGATION Irrigation water from existing surface water rights to the properties is not provided and Grantor assumes no responsibil- ity for providing water for irrigation or lawn sprinkling except through the pressurized irrigation system installed as provided ;n Section 7. The Grantor h_s complied with the requirements of :dahc Code Section 31-3805. Subsection 1, regarding the trans=er o' irrlCat_OP_ Water rights =rpm t^.e Grantor's pronertir. Deed transferring water rights recorded as Instrument No. in records of Ada County. SE'C'_"IONd 9 - OIL A17D MININTC_ OPERAT ONS No oil drilling, cil development operations, oil refir- ing, quarrying, or miring ocerations of ar�y kind shall be pez� Itted upon or in any lots, nor shall oil well,•tanks tunnels, mineral excavations or shafts be pe_i:itted upon or in any lot. No derrick or other structure designed for use in boring or oil or natural gas shall be erected, rmazn� tzned or pted -ermitany lot. SECTION 10 -_BATHROOM, SINK 1M) TOILET CONVENIENCES All bathroom sink and toilet facilities shall be con- nected by underground pipes with the collection system lines of the Meridian C1ty Municipal SeC--e_ System, its Successors or assigns, or such other corporation, association or company which may be legally gualif:ed to operate and m—a nt-a_n such seR:ace collection Sv_s -em lines. J SECT -TON 11 - SEWAGE DISPOS'=_L No individual sewage disposal system shall be permitted on any residential lot or parcel in said subdivision. All se;•,age disposal shaall be through an und_rground collection system approved by and constructed to the standards of State and local health authorities. Sewage e_=luent shall be collected from-; the Subdivision by the Merid:an City Municipal Sewer System, 'Che hook-uo fees, costs, charges and assess-ments for which shall be. the 0 responsibility of Grantee, and Grantor may recover funds advanced, if any, to obtain preliminary construction. SECTION 12 - REFUSE DISPOSAL, STORAGE OR r_ATERIALS Nc machiner -u, vehicles, appliance Or structure Or L'2: - sightly r,:aterial may be stored upon the real property, nor shall trash, garbage, aS;,eS or l�tlier rezuse be thrc n, du -m -ped, burro;: or otherwise disposed of upon the real property. No building material of ar.y kind shall be placed or stored upon a building site until th e Grantee is ready to and able to commence construction, and then such materials shall be placed within the property (rine of the building site upon which structure is to be erected. The Grap_tOr shall have the right t0 enter upon any vacant building site Zor file puraoses Or burring Or -removing weeds, brush, growth.. or refuse at the expense Of the Gant= . e SECTION 13 - = E`:CES __TD !=aGES No fence, hedge or boundary wall situated upon a build- ing site sh al1 be constructed except, upon approval of the Com- mittee as p_G:'_Qed in COJe??aatS. Ch?ir-lint; ",^CYS are hereby prohibited on any residential parcel, except where required by the Grantor or a : ulli c agency t0 s-cu::e utility 1 i ty i =e -irriga- tion , -r r -a s i_ ig_ ti or. or drai race �acilitiesy or other public use as deemed neces- sary, orshe+ rec��ired to Secure and screen the recreation facilities. All o_er fences shall be subject to the =ollowing criteria: a • Des; -Sub jec t to di; tensional and location cri- teria which fo�low, all =ences which are placed On any residential parcel shall be o= cedar or redwood cors =UCIL"icn except any =ences in '-front ya-rd areas. Hedges or other solid screen planting be used as lot line barriers subject to t�.e said height restriC-ions as fences. b. Eeicht and Lccaticn: No fenceo= I nedge situated anYw ere upon a_^_y building s to S h a I have a height greater than six (o) feet above the Finished cradru su==ace of the ground upon which such fence 0rheGge 2.s Si�L'ated. 'No fence Or edCe with an elevation above - .ree (3) feet shall be permitted in Com. building setback requirements Or ..he i front 1' c -re dwellir_c Structure, or side satback or, corner lots, whichever is greater, without the prior saecial written consent 0= the Co=ittee and %,-_rice from cit- ordinance. 10 c. Sight Obstruction: No fence, hedge or shrub planting which obstructs sight lines at elevations between three (3) to eight (8) feet- above the roadways shall be placed or pe omitted to remain cry any corner lot within the triangular area formed by the street property lines and a line connecting then at points thirty (30) feet from the in -ersec- tion of the street lines, or in the case of a rounded property corner from the intarsection of the street orcperty lines extended. The same sight -line liplitations shall apply on any lot N•ri thin ten (10) feet from the intersection of a street property line with the edge of a driveway 'or alley pavement. No tree shall be permitted to remain within such dis- tances of such intersections unless the foliage line is Maintained at sufficient height to prevent Ob- struction of such sight -lines. d. Spite Fences: The constrllCt=Cn Or maintenance C= a Spite fel C- Cr Spite tree s:�a11 be o ohibited upon ani' building site. The te==;inatl0n by the Grantor that any wall, fence, hedge, or tree falls within t—he latter categoryspall be conclusive open all parties. SECTION 14 - NOXIOOS LSE of PROPERTY No portion o= the real property or off a building site shall be used =or the conduct- of any trade Or bus2.ness Or the conduct o= a:,y trade or business or professional activities, and no noxious Cr undesirable act, or undesir=-bia use of any' portion of the real property shall be permitted or maintained. The Grantor shall have the unqualified right to de term; ne whether arty such act Cr activity' is nCXious or undesirable and such deter- raination shall be binding upon all parties including Grantee and his successors in interest. SECTION 15 - BILL33OARDS, SIGNS No sign or billboards of any kind or for any use, exceo- for sale o= real property, shall be erected, painted or displayed upon any of the real property. The names o= resident owners +of building sites may be displayed or. a name and address plaque or sign if approval thereof iS r_rst obtained _r0' the COIt*'iittP.O. r ?E Grantor reserves the right to 1-1isplay signs curing the period the Grantor or his authorized agent is selling building sites. SECTIOi; 16 - RESTRTCTIO\ AG! !.NST USE DETRT}*'=\T_..I, ` O NEIGHBORHOOD No part of any bpi 1ding site shall be used or occupied, as a residence or other, so as to have any :m_ l furious effect anon 11 the use, occupancy or value of any adjacent premises for the usualand customary residence purpose as established by the ma-n- r.er of use in the general area or neighborhood. As to whether any use or occupancy violates the provisions of these covenants, Granter and Architectural Control Committee in their sole dis- cretion, may make such determination based upon any reason, aes- thetic or otherwise, including failure to mea--.ntain the premises, that any acti�Tity or use violates this provision. This cover_ant shall attach tc and Cass with all crocerty in said plat and be binding upon all persons who may from time to time own or claim any right, title or interest in and to any of said property. SECTION 17 - EASEMENTS a. Wherever a -fence constructed on a Building Lot under plans and specifications approved by the Architectural Corunittee 1S located W1th'_n three =e_et of the _rcpeity lire of such Building Lot-, the CY.ner of such Building Lot is hereby granted an easement over and on the adjoining Building Lot (not to exceed (S) feet from the property line) for purposes of maintaining and repairing such -fence, and the Owner o= such adjoining Building Lot is I.e_eby granted an easement for landscaping purposes over and on the area lying between the property line and such fence so long as such use does not cause da. -mace to the fence. b. Teleohone and electric Service: All lots shall be served by underground electrical and telephone 1_nes . The services shall be i.r.stalled in =oad or easement right of way as platted. E'ach Grantee agrees at his sole expense to pay for costs and hook -on charges as established by the Idaho Power Company -for the underground sewer service -facil- ities and to AT&T, U.S. West or their successors, for telephone facilities, as a condition precedent to connecting thereto. Grantor shall not be lip.ble =or the cost thereof but may recover funds advanced, _= any, to obtain preliminary installation. C. The Crar_tor reserves such easements as shown and noted on said. plat for the Dur�ose of constructing Prater *wins, drainage ponds, d::air.age ditch.as, electric distribution lines, sewer lines, gas pi a el ine= a. -.d such other public utilities as shall. _ be necessa_v, convenient and desirable for the Grantees and owners of said lots and parcels henceforth. 12 11-N pa�N The easement area of each lot and all improvements in it shall be maintained continuously by she owner of the lot except Tor those improvements for which a public authori ty or uta.l_ty company i s responsible. Within these easements, no structure, plant -i ng or other ru_ peri al shall be placed er permitted to remain which may damage or interfere with the installation and rair_Lenance cf utilities or which may change the direction o= flow of water through drainage or irricaticn channels in the easements. d. An easement is hereby granted to the Idaho Dower Company, a corporation, its licenses, successors and assigns, a permanent and DerDetual easement and right of way, sur=icient in width to install and maintain ars underground electric power line, including the richt to enter upon the real es �3te hereinafter r:a=ter de cr_beea , at all reason- able ti I'eS, %_ construct, maintain and repair undercround-Dower lin&is, through, under and across said land, together with the right, at the sole expense of Grzr:tee, to excavate and refill ditches and trenches =or _he location o= said power lines, and the further _ .cht to reI ove trees, bushes, sods, flo-wers, shru*bevy, a r a other obstructions aria improvements, i s =erferi. g with the location, construction and __irate.^_a:ce o= said power lines on and across the -following pre-ises, belonging to the said owner in Aca Cou nLv, State of Idaho, in the following location, to wit: r--- In NAVARRO PLACE SL•3zD=VIS:O:; , Ada County, Idaho, a strip o= land running from. the street right-of-way or utility easerents as shown on the plat to a point or points on said boundary- lire which are directly opposite -_Gm the electrical service entrance facilities on the building sites on each side of the boundary line; thence, strips of land each fives (5) feet nice, one on each building si-*,:e runn_rg directly from said point or points on t:.e bo -in a_y line to the correspond: nc.rly opposite electrical service entrance fac4 litieS on. the buildings const-ructed on said building sites. The actual bui ldir_c site may be a lot as shown on _ NAVARRO PLACE SU=O_VT_SION olat or a combina- tion of porticns o_ lots i nten- ed to compris2 a building site. The electricai sy-stem- generally will consist of buries? vower wire, tr, .__ `or-: e_ s , juncTion boxes and cthe_' equ_i:)= e n t r t o_ch may e-<tei:. 13 ,--%, 00"111 above ground, necessary to serve electric Dower to these premises and adjacent premises. SECTION 18 - GENERAL COVENANTS a. Occupancy Limitations: No dwelling or residence on. any lot or o her orcperty area created unc.er any Supplemental Deciaration sh=_11 be used -;"c-- living c=living purposes by more persons than it was design'p-a to accouunodate comfortably. b. Maintenance of Property: All property within the Subdivision and all improvements on any such property shall be kept and maintained by the c;.,nhr thereof in c_ean, safe, attractive, and sightly condition and in good repair. c . No Hazardous rcti vi'cies : No act -;":es shall be conducted on- any property v:ithin the Subdivision and no improvements co%SLL- ructlon On any such property which are or might be unsafe or hazardous to any person or property. j'%rthout limiting the generality o` the -foregoing, no Zirea:ns shall be discharged upon such property; and no o_cen -fires shall be lighted or permit ted on such c•roperty except in a self contained barbecue unit v;hile attended and in use for cooking purposes or within a safe and well designed interior fireplace. d. No UnsicThtli ness : No unsightliness shall be permitted on any pr^pe.rty within the Subdi v_s i cz . Without limiting the generality o= the foregoing, all unsightly structures, facilities, equipment, objects and conditions 'Shall be enclosed within an aDFroved structure or appropriately screened _rom v'_ew. Trailers, recreational vehicles, trucks, boats, campers, garden Or maintenance equipment, or any other vehicles otheZ than automobiles, shall be :teat at all t_mes exceo_ t i..tIen i.- ac ual use, in an enclosed structure or screened =rc:a view. Re=use, garbage and trash shall be kept at all times in a covered, noiseless container ana any such container shall be kept t.ithin an en- closed structure or aDDrODri-Ptely screened Erol view of adjacent dwellings and streets, e_:cept on days of garbage service. SerriCe areas, storage piles, ccmpost piles and faci'_ities for hanging, drying, or airing clothing or hou-sehold Fabrics shall be aD.crc-prlately screened from P, _DP.- for v:ater, gas, se,Ver, drainage or other purposes and wires, poles, antennae and other facilities for the transmission or reception c: audio or visual 14 '-_*I AOM*N signals and gas, oil, water or other tanks, shall be screened from view or located below the surface of the ground; and no lumber, grass, shrub or tree clippings or plant waste, metals, bulk materials, or scrap or refuse or trash shall be kept, stored or allowed to accumulate on any such property. Notwithstanding the foregoing, if at any time of the occupancy of any approved structure, connections to a nearby underground electricity line, telephone line, or television cable is not available, then temporary poles or wires for the cause may be installed to a reasonable necessary height provided that they shall be promptly removed at the expense of the owner after the availability -of connections to nearby underground line or cables. No television antennae, satellite receivers, or radio aerials shall be installed on the Properties other than within the interior of the Unit, unless prior written approval has been secured from the Architectural Committee. No wo=king or co-mmercial vehicles cf 3/4 ton or greater, recreat_onal vehicle, trailer or boat, shall regularly or as a matter of practice be Dcri:ed upon any buildi_-a site nor on the Stree' adjacent thereto, unless properly garaged, or u:: - I— s stored in the back yard, screened from viei,, from tine adjace:lt oublic right-of-way. No ve- hicles o= any kind shall regularly or as a mater Oz crac`ice be ca=ked on the street adjacent to anv lot _ L . No -a_nnoyi.7 Lichts, SoLnds, or Odors. No light shall be er.,_tted =rom any property within the S '_-division which is unreasonably bright or causes unreasonable Clare; no sound shall be emittod o:i any property which is unreasonably loud or annoy- i•g and no odor shall be emitted on any property wh i ch is noxious or oi=ez .ive to others. rss_rictions ca Lnimals : No animals, birds, insects or li:-csteck shall be Y.ect on any property within _re Sub -vision exceot domesticated dogs, cats or- o= --her c=,_-so:i household pets which do not reasonably bo _ :e= or constitute a nuisance to others and on Such porticns of roads and other public ways or easei-tents as may be designate? or perr,.itted =or such us rc,m time to t .ire by Grantor. No dogs c_ cats i --,:cess of two s:.a_l be kept by any residential ho::seho?d with In said Subdivision and no a;ll.Iials of any ;ire shall be bred or i:ept for conme_cl_ A l l ::ccs :mus- be leashed w*:en clltsic:3 c c:elling, gin_ or fenced yard. 15 g. Restrictions on Sicns : ?lo s i gals or advertising devices of: any nature shall be erected or :zaintainzd on any property within the Subdivision except as necessary to ide%ti- jr the ownership of such prop_ ar ty and its address; or to who such property is zor sale or for rent; or as may be necessary or desirable to give direction, advice or rules and regulations or caution or warn o---" dancer; and such signs as mair OtherwISe requi by- 1 a•r-r. __ y S=.gns which are mitted L'__nde= the=OrecG_n g restrictions shall be erected or ma-inta_ned on such propert, only with the Prior written apo_oval of th.e Ccru?. i ttee, which ac- proval shall be given only such signs shall be or attractive design in keeping with the scenic and rustic nature of such o:ope=ty and shall be as small in size as _s =ea soma ly Coss i ble and shall be placed or located as direct -ed or approved by _ho Cor:irtliztee. No=_^.li_G_ herein shall orohibit Grant -or iron using s_ -_.s p0 a d e t_se the develooment and' const_"uct10n Cr the h . Other 2estri ctions ;. - A di t_CI'ial Areas: Grantor, by any Supplemental Decla=a_ion, may impose othw:er restrictions or alter "heSe =eSt__Ct10nS �as to the prODer-v within t e SL`bdiv's_on or property to be t0 the J �___t t C`� added s_s__ze . 1. Construction ?Cr;oC t'CeptiO=?: During the Course of: actual cons t_ucticn e= any pe=i tted st_uc tures or improvements, he restrictions contained in this Declarat_cn or in any Sup-Dlc=. :.tal Declaration s -a-1.1 be daer-ned tC t.f:e e.:_ i:t necessary to Deficit such COnstrL•C=iC:: and :=v -d filar, Curing 'ilp Course Oz such ccnst=l?ct'_C_^., nothing is done which will result in a violation o= these restrictions noon comr.leticn o: co=st=uct_cn. SECTION 19 - F.EQU=RSDDOV_` O, IT.T• CE Or DIS1G[?-' _CL; WITHIN THE' SU�DIV T S_O`7 a. Criteria .0r : pp=o'v =1 . '_ o Grantor S:lall 4'_ V a complete disc_et_:,n �o _ __oV2 or disapprove any chance 1 n _^� e:�iS r'_ng s ==t? C_ proper t;r wi tIli i:l the Subd:Lvi Sion, ::t S -h -a_1 eXerc'_se such disc`e tion with the =ollow_ng objectives in r•.._rd a c ng others: ^o carry out __ e `g•_.neral purposes ex- pressed in this Declaration; to prevent vi0i a_' on o` any speci=✓ic _ _cv *,sicn oz phis Declaration or any SuaolemS t'_1 Declaration; t0 prevent an chance whacn wind re unsa.`e or hazardous to an-. person or 7=o :e_ _y; to _._ni:<<i z Ohstruc .10n Jr diminution oz zne .'i - others; r _ e �i; o. o� rs; to p_ock 16 A—, 00"k, visual continuity of the area a_d to prevent marked or unnecessary transition between iiioreved. and unimproved areas and anv sharp definition of boundaries of: proper Ly cw_^_e=S._^.? o; to assure that any changes will be of good and a --=active design and in harmony with, the natural setting of the area and tii_ll serve to preserve and enh_nnce existingfeatures of natural beauty; to assure twat materials aT:d Wor,iCmansl;'_p iCr all are of high c_-uaI ": tY comparable to Other im-proveme- is in the areQ and to assure that any charade wi" recaire as litI maintenance as possible so as to assure a better appearing area ur_der all co,c._t- ons. b. Conditions Precedent to IMo_o=oval: Prior to exoen- ditures of any substa^tial ti -ie o= =ands i n plan- ning Cf any proposed ch-=: c= i n t r.a e?:i st_ g s = _at a of property w; zn--. n the Jtib i vi_=;, the owner of such property, Ot__^_Er-h.an=atC=, Sh?11c'CviSe C he COTuTiitt-e .n 4.'?"1�?:1Cj C= -_^.egeneral P_azure C= the proposed chance; .,Hall, i_ _=cues -ea 'Com"mi.ttee, meet with a Ire =_ C= me::.bers o= the Committee to discuss, - e chance; sha11 read or become =a_miliar w.=h any cL;des cr ct.;de- 1 ;nes which may have =-- _ -=�c or =o =_u pec by the Co-= =t:ez. an,.; s a1. __ -e „es..ed Commit -tee , urr_i sh the Cc__ -_tee w_ -h Ore1�_r:�-v plans and soeci=ications =C= cc t and review. =ter the nature and scope of: a __ posed change in eyisting state o= such orc==r-V _s dete =i_:ed and ar=or t0 the coinme_n_c?-en- c_ to accorpl such chance, the Cc �_ttea __._? ? bz fur- shed _a duplicate, by such rope_"' ow --=-r, oii.E= Grantor, with a CC mpll `te and _'' GEscr - t''_on 0= the proposed charge 2.n t:=_-_. _ and w; th a o.c clan cc v er_ng -h= ✓G= c•_la_ lot, or o =na= p_ O- aerty, drawn_ to such scale as may be reasonable by the CoTmmi t-ee . 1 -k -here bu i _d_nc s o= other _.=oro : a- ments which reason ahl_v =e `;r e p1=:s and spec;=; - catiCP.S be prepared .^_y a__".�_C`_^.g c=zf-..-an and a fee of $100.00 Shall be =_d -o -he Co -!7i --=e -c cover costs and e::pen ses o= C= tl� e g=ee may be waived by the C=_ -wee ;n its d_sc=e- ' i lon if the _Dlci_S' and SCeC_=_Cat'_O_^_S _Lr_^_iS:^.ed prepared b a oractic_nc cra=t=__n. Prior -o givinga:JprovGi to a pro:--c-sed c -ng=' in the `Y_S.. ting State c= p o0ert", a= 1==S- o::e ms - er oft'_"-_ C,Dmm i=tee sa 'y's_CaII v t the p=ope= No propos-2d chance in tela'?:i=_ �'_.^.Q state) r. oro- perty shall be deemed to :1a -,-e 1-aen approvedby the CQ^fllLi:ee IcSS _S _S in w= -z 2.'y executed by at lust two iE_:e_ S G_ the CG.=uip� n S provi d� na '_—hat e; pro•.: a l CE ceemnd C1 en _ 17 the Cc:;=,i ttee fails to approve or disapprove a ro_ osec c, anceor to make additional recuirement or request additional infor aaticn within =crtv- _iSe (fid) dates after a full and ccnplete ciescriptio.� o- the cr000sed charge has been furnished in writing to the Committee with a written and specific request for ap^rcval. c. P_oseCU=af: _cn of �,ork or p�roval. -e_ acc_ ro•.-al by the Cemrittee of any proposed change or designation of property within the Subdivision., _he n_opesed chance shall be accomplished as promptly and diligently as possible and in corplete cote-'-'iity with the description of the proposed cha-:ge and any plans and specifications therefor given to the Committee. Failure to accomplish the ch._^c= wit _n phe six months anter the date o= approval (subject to st=lJ:es and acts of Cod) o= tJ cc _nle -e the rcpcsed chane sari etly in accorda.ice with the _description the_eo= and plans and spec_=_cat.ions therefor shall operate LO automatically revoke the approval of the prep_ oszd cringe and Lpon demand by the CC It- tee, such p_c_pe.t small be restored as nearly as possible to _ts e e::isti ng prior to ar_y work i n co:�r.ection :i_t h the proposed charge. Th-_ Cc,-mmIttee and t d'_, 1V aono'_:? ted agents miav enter L,DOn such vrope=ty at a,v reasonable time or times to inspect the proc=ess or status chances in the existing state of suc;.l property being mace or which may have been ;ce. T .e Ce:-ru;,ittee shall have the richt and au thor_ty to record a notice to show that a::�, pa=ti cular chance in the ex; sting state of Drooerty h=_s of been approved or that any approval given has been omti cally revoked. S -C'-- _,% 20 - _SSOCI =0 X MEMEEP.SH AND VCT=2:G RIGHTS a. shall mean and =e=cr to Navarro Place c=eow:iers ssoci-at-1--n., a ^Jn-Drofit G_gan'_..atic , c= any Succes-sor or assign cf the Association. b. =ve O;s::er of a rot shall be a member of t_^.e .=scc_a: i on. tie::.bershio seal! be apo_ urtenant '.:o _na may not be secarated =rpm Ownership of any .c . C. --he ssoc_ation shall have two (2) classes of :-otin me=ershiu. Cla_SS Lhe Class r members shall be all ow ers, e":ceDt'-on 0= Grantor (during -he .-I, 10-N per-od when the Grants is a Class T3 rre:;5e=) Each Class A r_•ember shall be entitled to one (1) vote nor each Lot owned. Ttihen more than one (1) person holds an interest in any Lot, all such aersons shall be reTbers. The tote =or such Lot shall be exer- cised as they determine, but in no event shall more than one (1) vote be cast ith respect to any Lott.. Class -�3 - The sole C'_ass B mer- er shall be the Grantor, who shall be entitled to three (3) votes -or each L•Ct owned. The Class L mer:i-ersh! D shall cease and be automatically converted to Class A mewbershios (one Class A membershiD nor each lot owned) when the total votes Outstanding in Class A rre:bershi ps eeual the total votes Outstanding in the Class B membership. S +C710N 2 - COV_*it1:S . -CR c SSEEaS_'-EN S a. Creation O= the LieZ and _ersona1 0 b 11 cation of sses Smen t . The G=_ =or, .Or each Lot owned t^n rile=C^er�V, --__=b�" COVe= c ntS, and eaCii O,,n.-_ Q_ any Lot by a.^...ce.': a-nce o_ a deed therefor, or_, ether Cr not so exoressed in such deed i5 i ^ agrees , deemed; �O COt -n- an _ c__d aC_ S r,0 pay tC e sSCClat_on 1. Anneal assessments or c__^.i=cesi and ?. S:=C=al assessments =or ca -4—a! 'I_prove^entsi such assessmcntS to :.= :s=abiished and ccilected as nere_narter Drovidea. rile annual and J-pa'.__1 _CCe SCI's _ t e� with interest, costs o= collection ar_d reasonable at�ornev fees incurred in collection shall be a c%arce on the land a- _hall be _ continuing lien 11=0- L l_ aa.._�n.-.. N_._�^ cr. n SuCll assessment is ce . _=C1`' S-uc,-. a55�==.'iCil', rCGc' h_er iti; - 1ntCr ccs_s a_^.d reason==le` at;:o:ney =ees, shal'- also be the personal coli ga_ion of: the Derson who %- S t`:e Griner Of such _•ot _- the C'—e- when the as_ess-ent _a1is cue. Tie o_a=sonal cbl_Gaticn for C"1 - 1:e = asseS5,uC1 =s Sh;_=I I not pass toJ his suc- ._-=SC-s _._ t? tie unless =Y reSsly assu.:;ed by tilem, ^tet un -aid a-SSessnts __ aLl constitute a Contin~ u.:_C7 1_en agar ns- Li.e ' O t u^t' 1 DalQ. tib- . �Ur�CSe C- Assessments: r_^.e assess =C^.t3 levied by 'scc_atio� be --d exclusively to ✓=Ci'CtS the .eCreatiC^, !7e .1 th, sa=ety, Wel- --and ecOno is well-being 0= the -residents in the 19 Project and for the improvement, operation and maintenance of the Common Area and Common Facilities. C. Maximum Annual Assessment: Until January of the year immediately following the year in which the conveyance of the first Lot to an Owner occurs, the maximum annual assessment shall be Sixty Dollars ($60.00) per lot. The annual assessment may be made payable (by action of the Board of Directors of the Association) on a annual basis. Increases in the amount of the annual assessment shall be limited as follows: 1 . Lacn vear , -_"ginning with the calendar ve r beginning Ja_T?' .v 1 Of ti1e �'ea- ? I_^`'C_ �elv 011e -_.^:g -he lea= In F:hlch she CO '_vance Of =-i st_ !'Ot t0�= C'ri ?cr occurs, the - x-7-" M an � assess:,:ent miay oe _-_creased as O: vanuar—Y 1, land each year i:lerec=tee=) by aCt?Cn O. theBoard O. Directors o� the ?�ssoC:at_On wltilOLl t a vote of the mei'^e_sh,_o, by an a=o:-:t of not rc-e Shan=i--een oe=cez' (15€) above or�or yea -'s 2 . .'or t::e calanda_ year bac_. n_.:; Janua__' ed ate i V o 11 ow_: i Cr she yea- _T? whCa moi. cC,.veYa.:ce o -f t* -e ==rat Lot to an Owner OCCL'=S, Cr any subseque'nt vea=, the mazit —_' a annual assessment may be increased more than fi=tee- o_ercent (_5%) at o v e the pr _or ye -=r' S aS. es s =2:ct only by vote o� two-th;=ds (2/2-3) O_ the 'vc- s o= Each class o= members who are vOt_ng 'ail oe=son or by o_cxy at a meeting duly called =or th s purpCse. d. Special Assessments for Ca_uital =ro-ovements: _z addition to tic? annual asses Sue n -s au hors zed above, t'r.e Asscc_at_en may levy =n any ca1enc year a s-)ec:a1 a ess:aer.- apo' cable to th_= t y e� _ only, =cr ^.e o;:=_ ose of def:ra rc, =n ?,hole or in _c; -.rt, tyle cost c any construction, recc_ast_uc- Li nn reDair or replacement o a. Ca:✓1i.aI 7_`O,.'e- n L•_OOn :..:'_2 Co—_ -0:1 .1ireZ, incluC:_:C fixe res a:'d Person?l orcoerty related the-eto, o-ovided tf,a`_ any c*- n asses -e-nt shall have the a --sent - tY,o- t irCS (2/3) 0= each class Gi m e z r "hoare vot:^Q in : arson or by proxy at a imeetin= duly called for chis ournose. e i:ct'_Ce unG Q,_= -um --for Lny P.C"C .l �t_t' _-, i zed Sectio 21, c and d. not_ce c arty meetln- cal -led fon the ou_oose of 20 action au tbor=zed under Section 21, paragraphs c (2 ) or d of this �.rt_cle shall be sent to all members not less than thirty (30) days nor more than sixty (C 0) days in advance of the meeting. At such meeting the presence of members in person or by proxy entitled to cast fi`ty-one percent (51%) of a?? tha votes cf each class of membership shall CCnSt1tUL� a CLi^_Ll,:,. I= the required quorum 1s not: Present, the TeetI ng s --all be adjourned d; rescheduled for a tiiae and place not less than ten (10) days nor r -ore than thir.v (30) day subsequent. 5-11ritten notice of the rescheduled meeting shall be mailed to all members not less than five (5) days in advance o= the rescheduled meeting date. The required a_uorum at the subsequent meeting shall be satisfied by th _oresence in person or by proxy 0 twenty-='ve De_cent (23%) of each class D melr.bersh10. f. Uniform Rate of Assessment: Both annual and special assessments must be fixed at a uniform rate for all Lots; provided, however, that assess- ments for Lots which have not been improved with a dwelling unit or outbuildings shall not be assessed. g, date of Come -r -cement of Annual Assessments; Due Daus. The annual -a-s-s'ssments provided for herein shall corefence as to all Lots on the first day of the TOrith following the initial conveyance of a Lot by Grant -or to a-ourchaser. The first annua-L a_sessmen`_ shall be ad -jus -ted (pro rata.) accorfling to the number of months remaiping in the calendar year. The Board of G_rectors shall .ix the ou*,.t o: the annual assessment at least thirty (30) days i n ad:'ance o- each a: -ua1 assessmenj- period; r/LVT%-d`d, however, t h a t iP_ the eve-_= O� a -I assess:: nt_arccos-? in excess o` the authority o� the Board 0= n; -recto -s, the arleunt, of such assesSmen= 1n excess C= the Boards authority shallr_ct be e=_ective until membership aDcro�al. 5•7ri tten r.otic=_ o= the_ annual assessment shall be sent to el*ery Owner s�,b-jact thereto. The due Cates shall ce es �abl; =hea b,' the Board c- D1_-c=ors. The yssocia`_ion stall, upon_ demand and fcr a reasonable charge urnish a certlfic't2 signed wy an officer of the Association, setting forth whether L:^_e assessments on a s_oeciiiad Lot hcva been oa;d. Z1 o=ooerly executed certii_'.Ca e 1-14 21 .-' n of the Association as to the status of assessments on a Lot _s binding upon the Association as of zhe date of its issuance. h. Effect of Nonpayment of assessments; Remedies of the Association: Any assessment not paid within thirty (30) days offer the due date shall bear inter st from the cue date at the rate o T ten percent (10 5 ) per annl= or at such cther interest rate as m. -=v established annually by the Board of Directors. Each assessment, when levied, shall automatically constitute a lien on anal against the Lot to which the assessment pertains, without an.v requirement o^ filing any documentation of -such lien. Nonetheless, the Association may Tile an Affidavit of Lien evidencing such lien thirty (30) days after ter she cue date of the assessment. The Association may bring -'r.act_on aL law acainst the Owner cersonally obligated to ray tree S=e, or foreclose the assessment limen against, the Property, in .the Sal-Ilemanner as p=o:'ided by law as l to statutory mater' almen' s liens. No Owner may naive or otherwise escape liabil_ty Tor the assessments provided for herein by non-use of the Cc=on Akrea or abandonn-ent of his _-O - . i. Subordination of the Lien to MortQaces: T- lien o the assessments provider- =cr herein shall be subordinate to the lien o= any first mortgage. Sale or transfer o= any Lot shall prof a=sect the assessment lien. Fcwe;;e/�r, the sale transfer. of an T', . Ljot J rs an o /moo:: -.. crLgac forec lO SU:e 0J7 ?♦ _r :proceeding in lieu thereof s all release she lien or such assessments as to payments which became cue prior to such sale or transfer. No sale or trans:Eer S. -a11 r e 1 iove such Tot from liability fc= any assessment t'he_ea=ter becoming due or from the lien thereof. S=.CTION 22 - TEPUM OF RESTRICTIONS These restrictions shall run w-,41 the land described herein, and shall be binding upon the parties hereto and all successors in title or i::perest to sa-d real property or any pare thereof, until January 1, 2014, at which time said restrictions shall be automatically exte-nded icr successive period=_ cf ten (10) years unless the owner or owners o_ the legal title to not less than tF=o-thirds of the platted residence tracts or platted lots, by an instrument or instruments In w=lLing, duly sicned ano acknowledged by them, shall then te=ina=e or become e_rect4.%re upon the filing of such ir-_trument or instr=en-ts for -record in 22 the office of the Recorder of Ada County, Idaho. Such instrument or instruments shall contain proper references by volume and page numbers to the records of the plats and record of this deed in which these Restrictions are set forth, and all amendments thereof. FOUR T'S INC. BY: TED G. HEPPER President STATE OF IDAHO ) ss. County of Ada ) SUBSCRIBED AND SWORN to before me this day of 1994. Notary Public for Idaho Residing at: My Commission Expires: JOHN NAVARRO GLORIA NAVARRO STATE OF IDAHO ss. County of Ada ) SUBSCRIBED AND SWORN to before me this day of , 1994. Notary Public for Idaho Residing at: My Commission Expires: 23 A Meridian City Council October 18, 1994 Page 7 HELD, THE MEETING SHALL NOT BE HELD ON THAT TUESDAY BUT SHALL BE HELD ON THE FOLLOWING WEDNESDAY; AND PROVIDING AND EFFECTIVE DATE. Is there anyone from the public that would like to have Ordinance #676 read in its entirety? Is there a motion on Ordinance #676? Yerrington: Mr. Mayor, I make the motion that we approve Ordinance #676 with the suspension of the rules. Morrow: Second Kingsford: Moved by Max, second by Walt to approve of Ordinance #676 with suspension of the rules, roll call vote. ROLL CALL VOTE: Yerrington - Yea, Morrow - Yea, Corrie - Yea, Tolsma - Yea MOTION CARRIED: All Yea ITEM #9; FINAL PLAT: NAVARRO PLACE SUBDIVISION, 36 LOTS BY THE FOUR TS: Kingsford: Any questions of the Council, staff or developer on that? Morrow: Is there a representative of the developer here? Keith my only question is you read Bruce Freclketon's comments under Gary Smith's signature as of October 13 and all of those are agreeable? Loveless: Yes, we received it late Friday afternoon by pick up. We are making changes now. Morrow: And there are no problems with any of those? Loveless: No, not at this time we have no problems with them. Just for your information the plat was originally approved without central irrigation and we are putting central irrigation in now and it will be a well type pressurized system. Tolsma: (Inaudible) Loveless: I guess so, I am not sure what they have over there. Tolsma: (Inaudible) Loveless: We are looking at probably about 100 feet. R C_ Meridian City Council October 18, 1994 Page 9 Morrow: (Inaudible) development agreements are in place on this project, is that correct? Kingsford: Shari, what is the status of the development agreement on this, was there one required? Stiles: I haven't had any conversation with them about a development with the applicant. Kingsford: In its approval stage did it not require a development agreement? Stiles: I believe so yes. Crookston: It may not have because that property was already annexed. Stiles: Oh Navarro, no it didn't. I was asking Gary that about when it was annexed and I believe it was years ago. So there would be no development agreement. Crookston: I have reviewed the covenants and restrictions and they are fine. Morrow: Mr. Mayor, that being the case I would move that we approve the final plat for Navarro Place Subdivision subject to staff conditions. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the final plat of Navarro Place Subdivision subject to meeting the conditions of staff, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Although it is not on the agenda it is probably appropriate to approve the CC&R's is that right Counselor? Crookston: Yes Morrow: So moved Corrie: Second Kingsford: Moved by Walt, second by Bob to approve the CC&R's for Navarro Place Subdivision, all those in favor? Opposed? MOTION CARRIED: All Yea MERIDIAN CITY COUNCIL MEETING: October 18 1994 APPLICANT: THE FOUR T'S AGENDA ITEM NUMBER: 9 REQUEST: FINAL PLAT: NAVARRO PLACE SUBDMSION 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: COMMENTS SEE ATTACHED COMMENTS COMMENTS FORTHCOMING "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ok.t INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: 14 OTHER: a �� MEMORANDUM: To: Mayor, City Council From: Bruce Freckleton, Assistant to City Engineer Re: NAVARRO PLACE SUBDIVISION (Final Plat) COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman - Planning & Zoning October 13, 1994 I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the applicant during the hearing process: 1. This Plat generally conforms to the previously approved Preliminary Plat, with the exception of the addition of a ±200 square foot lot adjacent to Lot 7 Block 2 for a pressurized irrigation pump station. 2. A Variance for 70 foot street frontage was granted by the Meridian City Council on April 19, 1994. 3. Please submit Ada County Street Name Committee letter approving the Subdivision Name, Street Names, and Lot & Block Numbering. Make any revisions necessary to conform. 4. Please revise the general notes as follows: (2.) ... resubdivision, or as allowed by conditional use. (9.) ... highest established seasonal ... (12.) Maintenance of any irrigation or drainage pipe or ditch crossing a lot is the responsibility of the lot owner, unless such responsibility is assumed by an irrigation/drainage district. 5. The Plat map needs to contain the Stamp, Signature, and Date of the Licensed Professional Land Surveyor who prepared said map. 6. The 95.00' distance shown along the W. Pine Avenue Right -of -Way at N.W. 13th Avenue should be shown as 100'. 0014, HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live WILLIAM G. BERG, JR., City Clerk JANICE L. GAS, City CITY OF MERIDIAN GARY D. SM THS P.E. City Engineer BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM: To: Mayor, City Council From: Bruce Freckleton, Assistant to City Engineer Re: NAVARRO PLACE SUBDIVISION (Final Plat) COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman - Planning & Zoning October 13, 1994 I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the applicant during the hearing process: 1. This Plat generally conforms to the previously approved Preliminary Plat, with the exception of the addition of a ±200 square foot lot adjacent to Lot 7 Block 2 for a pressurized irrigation pump station. 2. A Variance for 70 foot street frontage was granted by the Meridian City Council on April 19, 1994. 3. Please submit Ada County Street Name Committee letter approving the Subdivision Name, Street Names, and Lot & Block Numbering. Make any revisions necessary to conform. 4. Please revise the general notes as follows: (2.) ... resubdivision, or as allowed by conditional use. (9.) ... highest established seasonal ... (12.) Maintenance of any irrigation or drainage pipe or ditch crossing a lot is the responsibility of the lot owner, unless such responsibility is assumed by an irrigation/drainage district. 5. The Plat map needs to contain the Stamp, Signature, and Date of the Licensed Professional Land Surveyor who prepared said map. 6. The 95.00' distance shown along the W. Pine Avenue Right -of -Way at N.W. 13th Avenue should be shown as 100'. r 7. Please provide confirmation from each of the utility companies, that would be affected by the storm drainage seepage beds located within the Public Utilities, Drainage, and Irrigation easements, that there will be adequate space remaining for their facilities. 8. The bearings of the boundary of this subdivision don't comply with that of the existing adjacent plats of record. Show bearings of record in parenthesis. 9. End the legal description in the Certificate of Owners "...to the Point of Beginning". TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 11, 1994 TRANSMITTAL DATE: 10/01/94 HEARING DATE: 10/18/94 REQUEST: Final Plat for Navarro Place Subdivision BY: The Four T's Inc LOCATION OF PROPERTY OR PROJECT: North of Pine Avenue and East of Linder Road JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P/Z _CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z _GRANT KINGSFORD, MAYOR _RONALD TOLSMA, C/C _BOB CORRIE, CIC _WALT MORROW, C/C _MAX YERRINGTON, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF REC TION(PRELIM & F NAL PLAT) CITY FILES OTHER: / YOUR CONCISE REMARKS: /% n C T - 4 199/ CITY OF MERMAN HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk MAX YERRINGTON JANICE L. GASS, City Treasurer CITY OF MERIDIAN ROBERT D. CORRIE GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO SHARI STILES JOHN T. SHAWCROFT, Waste Water Supt. Planner & Zoning Administrator KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 W.L. "BILL" GORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 8884433 • FAX (208) 887-4813 Chairman - Planning & Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 11, 1994 TRANSMITTAL DATE: 10/01/94 HEARING DATE: 10/18/94 REQUEST: Final Plat for Navarro Place Subdivision BY: The Four T's Inc LOCATION OF PROPERTY OR PROJECT: North of Pine Avenue and East of Linder Road JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P/Z _CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z _GRANT KINGSFORD, MAYOR _RONALD TOLSMA, C/C _BOB CORRIE, CIC _WALT MORROW, C/C _MAX YERRINGTON, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF REC TION(PRELIM & F NAL PLAT) CITY FILES OTHER: / YOUR CONCISE REMARKS: /% n C T - 4 199/ CITY OF MERMAN OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator ECE *E JIM JOHNSON ,'.< rman - Planning & Zoning OCT 0 3 1994 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 11, 1994 TRANSMITTAL DATE: 10/01/94 HEARING DATE: 10/18/94 REQUEST: Final Plat for Navarro Place Subdivision BY: The Four T's Inc. LOCATION OF PROPERTY OR PROJECT: North of Pine Avenue and East of Linder Road JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR _RONALD TOLSMA, C/C BOB CORRIE, C/C _WALT MORROW, C/C _MAX YERRINGTON, C/C WATER DEPARTMENT _SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER _CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: ECL" IV UT I 1 194.34 CITY OF MERIDIAN n Sl IINTEN DENT OF SCHOOLS Bob L. Haley DEPUTY SUPERINTENDENT Dan Mabe, Finance & Administration ASSISTANT SUPERINTENDENT Christine Donnell, Personnel & Instruction DIRECTORS Sheryl Belknap, Elementary Jim Carberry, Secondary Doug Rutan, Special Services JOINT SCHOOL DISTRICT NO.2 1/ 911 MERIDIAN STREET • MERIDIAN, IDAHO 83642 • PHONE(208)888-6701 ober 7, 1994 City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: Navarro Place Subdivision Dear Councilmen: I have reviewed the application for Navarro Place Subdivision and find that it includes approximately 36 homes at a median value of $95,000. We also find that this subdivision is located in census tract 103.12 and in the attendance zone for Meridian Elementary, Meridian Middle School and Meridian High School. Using the above information we can predict that these homes, when completed, will house 8 elementary aged children, 7 middle school aged children, and 5 senior high aged students. At the present time Meridian Elementary is at 109% of capacity, Meridian Middle School is at 139% of capacity and Meridian High School is at 130% of capacity. The Meridian School District is not opposed to growth in our district, however this subdivision will cause increased over- crowding in all three schools. There is little opportunity to shift attendance boundaries since the surrounding schools are also well over capacity. Before we could support this subdivision, we would need land dedicated to the district or at least made available. In addition we would need to pass another bond issue for the construction of schools. The cost per student for newly constructed schools, excluding site purchase price and offsite improvements, exceeds $5,000 per elementary student and $10,000 per middle or high school student. We are in a difficult position and need your help in dealing with the impact of growth on schools. Sincerely, OkLZwolk Dan Mabe Deputy Superintendent CENTRAL LCO .DISTRICT HEALTH DEPARTMENT Rezone # Conditional Preliminari REVIEW SHEET RECEIVED Environmental Health Division 0 C t 14 1994 CITY OF 1110FRUMAN hort Plat A/fy/ �� A/�•�1 I>r% ❑ I. We have Objections to this Proposal. Return to: ❑ Boise ❑ Eagle ❑ Garden city -Pleridian ❑ Kuna ❑ ACz ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type. of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ S. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ solid lava from original grade ❑ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ❑ 2 feet ❑ 4 feet .- 7. After written approval from appropriate entities are submitted, we can approve this proposal for: K -FT -central sewage ❑ community sewage system ❑ community water well ❑ interim sewage central water ❑ individual sewage F� individual water & The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: -opientral sewage ❑ community sewage system ❑ community water ❑ sewage dry lines :Reentral water ,®. 9. Street Runoff is not to create a mosquito breeding problem. ❑ 10. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. M ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ beverage establishment ❑ grocery store ❑ child care center Date. or/ IoZ / Reviewed By. CDHD 10/91 rcb, rev. 11/93 ill CENTRAL � n �0 0 DISTRICT DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL • BOISE. ID. 83704 • (208) 375 5211 • FAX: 327$5 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. STORMWATER MANAGEMENT RECOMMENDATIONS We recommend that the first one half inch of stormwater be Pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 1992 2) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT 3) CALIFORNIA BEST MANAGEMENT PRACTICE HANDBOOK Prepared by Camp Dresser and McKee, Larry Walker Assoc., Uribe and Assoc., Resources Planning Assoc., for the Stormwater Quality Task Force 4) URBAN STORM DRAINAGE CRITERIA MANUAL Volume 3, Best Management Practices Stormwater Quality Urban Drainage and Flood Control District, Denver, Colorado Serving Valley, Elmore, Boise. and Ada Counties Ado / Base tardy Me wit Bass • Marinol Elmore coos" once amore cour" Office vow cants amee 707 N. A Wong PL 1606 Roberts 520 E 8th Sheet N. of Emianmerdal Heats P.O. Banc 1448 Boise. 10..83704 Boise. ID. Mountain Home. ID. 100 S. 41h Sheet E McCal.ID. 8310 Ermro. Health 327-7409 83705 Ph. 334N= 83641 Ph. 587.4407 Mow= Horne. ID. Ph. 634.7104 Fa* Mown; 39.7400 324 Meridart. ID. U647 Fh. 567.9225 hTMrao= 39.7450 83642 Ph. 888 525 Nuhiiion 39.7460 WIC. 327-7488 OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM',, NSON CrrZoning OCT 24 1914 Ci i Y TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 11, 1994 TRANSMITTAL DATE: 10/01/94 HEARING DATE: 10/18/94 REQUEST: Final Plat for Navarro Place Subdivision BY: The Four T's Inc LOCATION OF PROPERTY OR PROJECT: North of Pine Avenue and East of Linder Road JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLA r r , JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT _CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION 4 HEPPER, P/Z CENTRAL DISTRICT HEALTH 1' _TIM GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT 1 RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT ;wp, } qC G{ i NCT BOB CORRIE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) _WALT YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) _MAX _WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) DEPARTMENT CITY FILES _SEWER DEPARTMENT OTHER: _BUILDING FIRE DEPARTMENT YOUR CONCISE REMARKS: All laterals and waste ways DEPARTMENT must be protected. Municipal surface drainage must _POLICE CITY ATTORNEY be retained on site. If any surface drainage leaves ENGINEER the site, Nampa & Meridian Irrigation District _must _CITY CITY PLANNER review drainage plans It is recommended that irrigation water be made available to all developments within this District. Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. Contact Donna Moore at 343-1884 or 466-7861 for further information. Bill enson, Assistant Water Superintendent Nampa & Meridian Irrigation District 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 21 October 1994 Phones: Area Code 208 OFFICE: Nampa 466-7861 Keith A. Loveless Boise 343-1884 Loveless Engineering SHOP: Nampa 466-0663 3330 Grace Boise 345-2431 Boise, ID 83703 RE: Land Use Change Application for Navarro Place Subdivision Dear Mr. Loveless: 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 John & Gloria Navarro City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY 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 r� HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 8884433 0 FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman - Planning & Zoning TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, may we have your answer by: March 29 TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4/5/94 REQUEST: Variance for Navarro Subdivision BY: Four Ts Inc. and Keith Loveless LOCATION OF PROPERTY OR PROJECT: North of Pine Avenue and West of W. 12th Avenue JIM JOHNSON, PfZ MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, CIC BOB CORRIE, CIC _WALT MORROW, C/C _MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8r. FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: � r, 1.1, , 1 P MAR 4 6 }99;x) .i-fy QF, 14 _,I?�� CITY OF MERIDIAN 33 E. IDAHO AVE. MERIDIAN, IDAHO 83642 VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) NAME: Four T's, Inc. (Navarro Subdivision) (Owner or holder of valid option) ADDRESS: 43 E. Fairview; Meridian, ID 83642 RECEIVED JA N 1 4 19g4 CITY OF MERIDIAN PHONE 888-6635 GENERAL LOCATION: NW' i of Section 12. T.3 N., R.1 W., 'g -M.0 Aria CrnmtW, rn LEGAL DESCRIPTION OF PROPERTY: See Attached PROOF OF OWNERSHIP OR VALID OPTION: A copy of your property deed or option agreement must be attached. PRESENT ZONE CLASSIFICATION u-4 VICINITY SKETCH: A vicinity map at a scale approved by the City showing property lines, streets existing and proposed zoning and such other items as the City may require. SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses within contiguoug to, directly across the street from, and within a 300' radius of the parcel(s) proposed for a Variance must be attached. (This information is available from the County Assessor) DESCRIPTION OF PROPOSED VARIANCE: A variance is requested from the lot width/street frontage requirement of the zoning ordinance. Date Received Received By S I GNATURE : nZi.l ky- C_ 111,AUtall 0,(t6i ��nrer,494r, FourT4, Inc. CITY COUNCIL RECORDS 1o+ City Council Hearing Date 66-6h10 WH!' 7NH W L 10 --GM »» �.., 3 d •—w pw nve" �uo-amsaaam. aowow �,v SSm71A07 OWrOs 'Nvxxu 1 - Nasuwens OHHVAVN 13 lnd AHVNWCBH41 SNOISIA3tl 31SOS ON all I 8 a Jill am lie BellN Y Ian: r CL MIM FAIR I » wr I m d .ila � � a�� -� �� "s � »� �' •$ �� »� � it I°I nZ aasesow latiw_� a MASAIV not �_ $` to .asxrs i »nn w'au �srwr , cuo d k a. H 4 » s.a� f •wase .e.a» ;� � � =g ! w = .......... gge usxrs i v..wer a two• j I rt R waw N� » � 4 -------sa-----s..'-- ----sem---- s..'------- I a I wswe ! I gR A ww iss { `y�ywwr NO -a p rmw wsw y; NOISIM M MOWODIN ................................ — — — ,�,� 16'626 - 3 tLSIDD N y; NOISIM M MOWODIN 03soaoHd R r :! I a►vuer3artiv City Of Meridian January 13, 1994 Subject: Subdivision Authorization This will serve to confirm our authorization for Four T's Inc. to file a preliminary and final plat on our property located at 1200 West Pine Street, Meridian, Idaho consisting of 10 acres more or less. ( see attached legal description v! ('John Navarro Gloria Navarro Q^ ADDENDUM # _l_— (1, 2, 3, etc.) /--11 [1]. •�••••••• REALTOR THIS IS AN ADDENDUM TOA PURL.c AND SALE AGREEMENT. READ THE ENTIRE DOCUMENT,. INCLUDING A... ATTACHMENTS, CAREFULLY, BEFORE SIGNING. IF YOU HAVE ANY QUESTIONS, CONSULT YOUR ATTORNEY BEFORE SIGNING. This is an ADDENDUM to the Real Estate Purchase and Sale Agreement and Receipt for Earnest Money Dated: 11-22 19 93 ID # 091444 ADDRESS: 9+acres of property on northside of WsstWine & 12th Streets 1 2 3 4 5 BUYER (S) Four T's Inc. 6 SELLER(S) Mr. & Mrs. John Navarro 7 t The undersigned Parties hereby agree as follows: 1 Brice to be based on r usable re of final lat. 6 9 10, 2) Subject to City of Meridian approval of su vision, with variance tt for less than SO feet frontage on loth, and Buyers/Sellers approval 12 of requirements of Final Plat. 13 3) Buyer to pay all subdivision costs and Sellers to cooperate with 14 all government agencies. 15 4) Seller to pay any loss to Farmerh land use, and deliver property 16 free of lease hold interests. 17 5) Seller to provide an Environmental Review prior to Closing. 18 19 ` 20 2t 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 The herei greem t, upon its execution by both parties, is made an integral part of the aforementioned Agreement. 42 1 7 BUYER 1001,11,6 SELLER 43 BUYER SELLER 44 DATED: DATED: //-�1' 45 TIME: U ❑ A.M. A P.M. TIME: 00 ❑ A.M. P.M. 46 This form Is printed and distributed by the Ada County Association of REALTORS* . This form has been designed for and is provided only for use by real estate 47 professionals licensed by the Idaho Reel Estate Commission who are also members of the National Association of REALTORS'• . Use by any other person is 48 prohlbited. (�) Copynght Ads CRRnty Association of REAUDRS AN rig'"' —erved t BUYER'S COPY W1111 SELLU IZ ACCEPTA� LCE 1/91' 19 :�Fe til :M'- : 9012b4 t �`Y FOR VALVE RECEIVlD. Howard B, Jenkins and Shamir: Jenkins, husband and wife, ,1 do`horeb,jconvey ,!releaaa:; remiss. and forever Quitclaim unto John ;4 Navarro ;,'end •: Gloria ;'Navarro, husband .and wife. whose surreal r -.address 1s-1200 N:; Pine,_ Meridian. Idaho 83642, the following • `described e, premires.. to wit, a f i real e estate more particularly described t In Exhibit A attached heretoand by this a' =wference incorporated herein., c`;6ublect to lases cad assessasintii, el9emants. tights of way, its ' eacumbpi:tiees.-lrastrictions and reservations �. c} Toryether Milli Lppurtena anoe �y�i t t f3 r7�ilf rF v ,t 5LAT©Mtlx�, 1990. 3 Ads CoWft loft Howard B J i fr spt STA'"E ; OF IDA80 Countjr'of lids:• On This} di of ( 1990, before thw me,. undersigned.-•%;,MR&ry, Public. in and for said County and State. personally appiaraWnONARD e. and sw►RON J. JEWINS, husband and wife, known or Identified to ne to be the ,arsons whose name* are subscribed to•the.111th1w instrument and acknowledged to me that they executed%the=•Mauve;_: j�j,171SSD°tQ91SRE0F I. have hereunto met my hand and affixed my�]liM�C�ael, the day and year -first above written.. it + *OTF fti L c�l S11LWi�- ��t Cli`i� f • n • _, d or Idaho t . U� =� Residing 'at Sots*. Idaho • '�.�`N�^r My Couvwlsslon.Lxpiresr 71/6/rj OFFICIALS HUB OF TREASURE VALLEY A Good Place to Live n COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk RONALD R. TOLSMA MAX NGTON JANICE L. GAS, City Treasurr CITY OF MERIDIAN GARY D. SM THS P.E. City Engineer ROBERT D.ICORR E BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 Planner & Zoning Administrator W.L. "BILL" GORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887-4813 Chairman - Planning & Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, may we have your answer by: March 29 TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4/5/94 REQUEST: Variance for Navarro Subdivision BY: Four T's, Inc. and Keith Loveless LOCATION OF PROPERTY OR PROJECT: North of Pine Avenue and West of W. 12th Avenue JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 _CHARLES ROUNTREE, P/Z _TIM HEPPER, P/Z _GRANT KINGSFORD, MAYOR _RONALD TOLSMA, C/C _BOB CORRIE, C/C _WALT MORROW, C/C _MAX YERRINGTON, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT ^POLICE DEPARTMENT TCITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: CITY OF MERIDIAN 33 E. IDAHO AVE. MERIDIAN, IDAHO 83642 VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) NAME: Four T's, Inc. (Navarro Subdivision) (owner or holder of valid option) ADDRESS: 43 E. Fairview; Meridian, ID 83642 RECEIVED JA N 1 4 199 City OF MERIDIAN PHONE 888-6635 GENERAL LOCATION:NW' � of Section 12 T.3 N R-1 W., - pda C0jjnt-�Tn LEGAL DESCRIPTION OF PROPERTY: See Attached PROOF OF OWNERSHIP OR VALID OPTION: A copy of your property deed or option agreement must be attached. PRESENT ZONE CLASSIFICATION_ VICINITY SKETCH: A vicinity map at a scale approved by the City showing property lines, streets existing and proposed zoning and such other items as the City may require. SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses within contiguoug to, directly across the street from, and within a 300, radius of the parcel(s) proposed for a Variance must be attached. (This information is available from the County Assessor) DESCRIPTION OF PROPOSED VARIANCE: A variance is requested from the lot width/street frontage requirement of the zoning ordinance. Date Received Received By S I GNATURE : /7/ lty C'_ ) VRAPUtll to��c55 �q�n+eer�'y��or CITY COUNCIL RECORDS Fourl'�, Inc. City Council Hearing Date NAVARRO SUBDIVISION PRELIMINARY PLAT AND VARIANCE REQUEST , is `cry ADDRESSES WITHIN 30011 RADIUS City ofla jgr'�`� ALGER, BESSIE ALLRED, CLAYTON & GEORGIA ANTHONY, DENNIS & JODY BARKER, DALE BELL, JEFFREY & WENDY BELL, DERRICK BIDDICK, BETH & TREYZ BIDDICK, SCOTT & BETTY CAFFERTY, RICK & BARBARA CAGLE, DELMER & MARY CALNON, IRMA COOK, LARRY & BETTY DAVIS, MICHAEL & SUSAN DUPEROUZEL, PHILLIP & DARCY EVANS, BRENDA FARNSWORTH, CHARLES FISCAL FUNDING CO., INC. FRANK, GARY & KANDRA FRANKLIN, MICHAEL & TWYLA FRASIER, DAN & SUE GARRETT, ALVIN GOODPASTER, RONALD & KAREN GREINER, DOUGLAS GROSS, RANDALL & DEBORAH HICKEY, THOMAS & JANICE HOLT, MICHAEL & CONCHETTA JACKSON, ROBERT & COLLEEN JEPPESEN, ROGER & KAY KING, GERALD KOSEKI, JAMES & CHRISTINE KRASOWSKI, THOMAS & RONDA LAFFERTY, JOSEPH & KAREN LAMPLIGHTER ASSOCIATION LANG, JAMES & JOY MARINEAU, SHIRLEY MARTINEZ, RAYMOND & RUTH MASON, RENN & MARITA MOHL, SANDRA MOTLEY, DONALD & BARBARA NIMMO, WAYNE & MONA 1006 W 12TH ST MERIDIAN ID 83642 1036 W 13TH ST MERIDIAN ID 83642 1407 W CARLTON MERIDIAN ID 83642 1420 W CARLTON MERIDIAN ID 83642 975 NW 11TH ST MERIDIAN ID 83642 1445 W CARLTON MERIDIAN ID 83642 788 NW 15TH MERIDIAN ID 83642 3608 VIA PALOMINO PALOS VERDES ESTATES, CA 90274 1026 W 13TH ST MERIDIAN ID 83642 1445 W PINE MERIDIAN ID 83642 1016 W 12TH ST MERIDIAN ID 83642 1128 W STATE ST MERIDIAN ID 83642 1101 NW 11TH ST MERIDIAN ID 83642 1406 W CARLTON MERIDIAN ID 83642 1025 NW 11TH ST MERIDIAN ID 83642 1326 W CARLTON MERIDIAN ID 83642 230 CALIFORNIA ST S.F. CA 94111 51 EDEN WEST RD PESCADERO CA 94060 1125 W STATE ST MERIDIAN ID 83642 1180 W STATE ST MERIDIAN ID 83642 1104 W 12TH ST MERIDIAN ID 83642 1027 W 12TH AV MERIDIAN ID 83642 1339 W CARLTON MERIDIAN ID 83642 1027 W CARLTON MERIDIAN ID 83642 1120 W CLARINDA DR MERIDIAN ID 83642 1432 W CARLTON MERIDIAN ID 83642 1037 W 13TH AV MERIDIAN ID 83642 4960 GELNBROOK BOISE ID 83704 2627 MESA AVE EMMETT ID 83617 995 NW 11TH ST MERIDIAN ID 83642 PO BOX 701 MERIDIAN ID 83680 1021 W CARLTON MERIDIAN ID 83642 10322 FAIRVIEW BOISE ID 83704 950 NW 11TH ST MERIDIAN ID 83642 1037 WASHINGTON MERIDIAN ID 83642 1125 NW 11TH ST MERIDIAN ID 83642 1315 W CARLTON MERIDIAN ID 83642 1145 W STATE ST MERIDIAN ID 83642 945 NW 11TH ST MERIDAIN ID 83642 1327 W CARLTON MERIDIAN ID 83642 OLIVER, FRED 3241 AGATE CT BOISE ID 83705 OWNBY, TERI & NEWELL, GINA 1026 W 12TH ST MERIDIAN ID 83642 PIEPMEYER, THOMAS & JUDY 3051 TERRA BOISE ID 83709 SCHROEDER, DAVID & PHYLLIS 1114 NW 11TH MERIDIAN ID 83642 SHAWVER, TIMOTHY & JANICE 1405 W PINE MERIDIAN ID 83642 SHOEN, RONALD & JUDY 1443 W CARLTON MERIDIAN ID 83642 STUART, BRUCE & MARTHA 1107 NW 11TH ST MERIDIAN ID 83642 UGARRIZA, JOHN & DONNA 1113 NW 11TH ST MERIDIAN ID 83642 VORLICKY, GERALD & MARCIA 780 W CHERRY LN MERIDIAN ID 83642 WALKER, BILLY JOE 1016 W 13TH ST MERIDIAN ID 83642 WANMAN, BRYAN & DEIDRE 1007 W 12TH AV MERIDIAN ID 83642 WASHINGTON PLAZA PARTNERSHIP 355 N ORCHARD BOISE ID 83706 WEBB, GERALD, JR 1036 W 12TH ST MERIDIAN ID 83642 WESTCOTT, RICHARD 1421 W CARLTON MERIDIAN ID 83642 WOOD, WILLIAM & DAHRL 1080 NW 11TH ST MERIDIAN ID 83642 n NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian,ldaho, at the hour of 7:30 p.m., on April 5, 1994, for the purpose of reviewing and considering the Application of Four T's, Inc., fw-s variance to the city's subdivision ordinance from the lot width/ street frontage requirement in the city's subdiviison ordinance. The property is generally located on the north of Pine Avenue and west of W. 12 th Avenue. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 16th day of March 1994. WILLIAM G. BERG, JR., CITY CLERK I O 1 t b o o - m n Qp :� F S I I mM'KE � 1 Isr�3Tr 2 O I y fA 1 S_ 1 I ; -ea•rr «, mac �,amr '�`� A m�u. I O b .14 I 1 mwVfr ,E-EIr , � sm,JVY Eyy1NN �l/0 I srw•N'E m muaE 1 -In ' CA 0 _ w tmi I e T�. •-------------- ------ $ n, 2'IAA — qq W. 12TH AVEhW ___,p .,p,_ ---_____i Er,p,____ -- __JOlJIR—_ 4 I ♦tMn ....,—A.pp1, )AaaR A -R -mt ° � f`' g �/I 74 1-2 .......... ............... alvd vamium 6 LA loll No SCALE REVISIWiS PRELI MMARY PLAT LOVELESS SHEET MMNAVARRO SUBDIVISION - I�RDIAN, RANO ENGINEERING PRE �® KAL JHM z 01-14-94 M MOM ROAD � R 19 �- I O 1 t b o o - m n Qp :� F S I I mM'KE � 1 Isr�3Tr 2 O I y fA 1 S_ 1 I ; -ea•rr «, mac �,amr '�`� A m�u. I O b .14 I 1 mwVfr ,E-EIr , � sm,JVY Eyy1NN �l/0 I srw•N'E m muaE 1 -In ' CA 0 _ w tmi I e T�. •-------------- ------ $ n, 2'IAA — qq W. 12TH AVEhW ___,p .,p,_ ---_____i Er,p,____ -- __JOlJIR—_ 4 I ♦tMn ....,—A.pp1, )AaaR A -R -mt ° � f`' g �/I 74 1-2 .......... ............... alvd vamium 6 LA loll No SCALE REVISIWiS PRELI MMARY PLAT LOVELESS SHEET MMNAVARRO SUBDIVISION - I�RDIAN, RANO ENGINEERING PRE �® KAL JHM z 01-14-94 - o I i 000 O o x I gg g ` PROPOSED I E PIEDMONT SUBDIVISION N W1333' E — 629.96' m,Jarc I O 1 t b o o - m n Qp :� F S I I mM'KE � 1 Isr�3Tr 2 O I y fA 1 S_ 1 I ; -ea•rr «, mac �,amr '�`� A m�u. I O b .14 I 1 mwVfr ,E-EIr , � sm,JVY Eyy1NN �l/0 I srw•N'E m muaE 1 -In ' CA 0 _ w tmi I e T�. •-------------- ------ $ n, 2'IAA — qq W. 12TH AVEhW ___,p .,p,_ ---_____i Er,p,____ -- __JOlJIR—_ 4 I ♦tMn ....,—A.pp1, )AaaR A -R -mt ° � f`' g �/I 74 1-2 .......... ............... alvd vamium 6 LA loll No SCALE REVISIWiS PRELI MMARY PLAT LOVELESS SHEET MMNAVARRO SUBDIVISION - I�RDIAN, RANO ENGINEERING PRE �® KAL JHM z 01-14-94 Cl�tl dESS n LOQ Sur vev or s G�d1s�G •� EnneerPlanners Lan January 13, 1994 City of Meridian City Clerk 33 E. Idaho Ave. Meridian, ID 83642 Dear Sir, n DECEIVED CITY OF MERIDIAN Please find the enclosed Variance Application and supporting documentation for "Navarro Subdivision". A variance is requested from the minimum lot width/street frontage requirement of the Zoning Ordinance. As shown on the attached preliminary plat, a minimum lot width of 70' was used in lieu of the 80' minimum required by the Zoning Ordinance for the R-4 zone. However, all of the lots still maintain the 8000 square feet minimum area. The intent of the applicant is to create a 36 lot residential subdivision on this parcel, which is surrounded on three sides by residential subdivisions. This subdivision is an infill development which requires matching alignment with two existing streets, thereby eliminating the design flexibility of the site. The City of Meridian Comprehensive Plan encourages compatible infill development, especially with higher densities near the Old Town area(Land Use 2.5U and 1.4U). The Comprehensive Plan also states that the economic arrangement of buildings should be promoted and infill developments can be considered at increased densities (Housing 1.9 and 1.13U). If you have any questions or comments concerning this application, please feel free to contact Loveless Engineering. Sincerely, Keith A. Loveless, PE/LS 3330 Grace Street • Boise, Idaho 83703 • (208) 342-7298 City Of Meridian January 13, 1994 Subject: Subdivision Authorization This will serve to confirm our authorization for Four T's Inc. to file a preliminary and final plat on our property located at 1200 West Pine Street, Meridian, Idahofconsisting of 10 acres more or less. ( see attached legal description ) John Navarro Gloria Navarro L� J REAL ESTATE P�CHASE AND SALE AGREEMENT AND RECEIPT FOR KRNEST MONEY ®..� THIS IS A LEGALLY BINDING CO T. READ THE ENTIRE DOCUMENT, INCLUDING THE GENERAL PRINTEC ISIONS ON THE REVERSE SIDE AND ANY ATTACHMENTS, L. LILLY, BEFORE SIGNING. IF YOU HAVE ANY QUESTIONS, CONSULT YOU, .ORNEY BEFORE SIGNING. algr Karl AJ an Idaho 11-22 cP Four T's Inc. 492* (hereinafter called "Buyer" agrees to purchase, and the undersigned Seller agrees to sell the following described real estate hereinafter referred to as "premises" T- 4 commonly known a3 4 acre de p Q± City of Mer+ an County of a , Mala legally described as: See attac d 0 (A FULL AND COMPLETE LEGAL DESCRIPTION MUST BE INSERTED OR ATTACHED PRIOR TO EXECUTION BY SELLER. Buyer hereby authorizes broker to Insert over 0 his signature the correct legal description of the premises if unavailable at the time of signing, or to correct the legal description previously entered It erroneous or incomplete.) EARNEST MONEY. (a) Buyer hereby deposits as earnest money and a receipt is hereby acknowledged of - dollars ($. ) evidenced by: ❑ Cash X Personal Check ❑Cashiers Check ❑ Note Due ❑ or (b) Earnest Money to be e�slced in trust account upon acceptance by all parties and shall be held by ❑Listing Broker ❑Selling BrokerYl Other. First American T1L1H for the benefit of the parties hereto, and Hideo Miachefter (Broker) shall hold the completely executed broker's copy of this agreement and is responsible for the closing. (c) If all conditions have been met by Buyer, Buyer and Seller agree that the earnest money (less credit report felts, and any other Buyer's costs) shall be refunded to Buyer in the event Buyer or Seller cannot consummate the sale due to circumstances beyond their control. (d) The parties agree that First American Title Company shall provide title polity and preliminary report of commitment and the "closing agen ' for thia transactb shag be _ First Aner�.Ca11 Title, If a long-term escrow I coueclion is involved, then the escrow holder shall be Fret Aslerf seas T t e 1. TOTAL PURCHASE PRICE IS _ _ -- --DOLLARS (S ) Payable as follow.• a. $ Cash down, Including above Earnest Money (Closing costs are additional). b. S - Balance of the purchase price (M.I.P. not Included). 2. FINANCING. Buyer to secure the following financing: ❑ FHA, ❑ VA, ❑ Conv, ❑ IHA, ❑ FmHA, ❑ Assumption of existing loan(s). (a) ❑ NEW FINANCING. Purchase ban balance as noted above for a period of _ years at= 9b per annum. (If FHA or VA ban Is sought, read the applicable provisions on the reverse side hereof.) Buyer shall pay no more than _ polrits plus origination fee U any. Seller to pay only the discount points necessary In order to obtain above described financing but not to exceed _ points. Any reduction In points shall Bret accrue to the benefit of the ❑ Buyer . ❑Seger. (b) ❑ ASSUMPTION. Buyer to ASSUME and ❑ will or ❑ will not be required to quality for an EXISTING LCAN(S) of approximately If but no more than _ % with monthly payments of approximately $ 7-' ❑ P ❑ 1 ❑ T ❑ I. This agreement ❑ does ❑ does not require Lender to release Seller's liability. Type of loan Buyer shall apply for such loan or assumption within three (3) banking days after Seller's acceptance of this agreement. .. 3. OTHER FINANCING, TERMS AND/OR CONDITIONS: __:See Addendum &I 4. CONTINGENCIES. IF SELLER'S 3 DAY CONTINGENCY WAIVER IS CHECKED BELOW, SEE ITEM M78 ON REVERSE SIDE HEREOF. Any waiver by the Buyer will be a waterer of all contingencies. - (a) ❑ Nona (No contingencies apply) - 4 (b) ❑ New Financing/Assusnption — This agreement Is ppntingent upon Buyer(s),lipreperty.g4ifying Ion I"abave descNbed linan«ng. ... . • ♦ _ t ❑ Subject to ❑ NOT Subject to Seller's contingency waiver clause. (c) ❑ Closing of - on or before listed with O Subject to ❑ NOT Subject to Seller's contingency waiver clause. (d) V Other (specify) 0-ai Review -nd— plat ❑ Subject to 3V ea l SIM s cont ncy waiver use. 5. ITEMS SPECIFICALLY INCLUDED IN THIS SALE (if FHA / VA financing is sought a" gem M 15 on reverse side): NAA 6. ITEMS SPECIFICALLY EXCLUDED IN THIS SALE: N.A. 7. COSTS PAID BY. Costs In addition to those listed below may be Incurred by Buyer and Seller. Unlesa otherwlse agreed herein, or provided by law or required by lender, Buyer shall purchase Seller's reserve account if ban assumption. APPRAISAL — If appraisal is required below, property must appraise at no less than contract price. ❑ Yes r7 No. Purchaser's Extended Coverage Title Policy requested. Additional premium paid by Is_ u.., e m ....,— If requested by lender or otherwise staled herein, the below costs will be paid as Indicated. City/County Contract adfor costs Loan Well mpllmpact ode Inapeci. Docuneat Clow rp Agents Long Term Lender or Escrow Code Policy of Paid By Appraisal Aasum L Ina c1. Se tk If R aired Fora Fees RepairsTitle Z"Uranci BUYER NIA SELLER IME Y T Cost of lender or code repairs not to exceed S EVA. Discount points to be paid as agreed on line 28 and 29. SELLER UNDERSTANDS that as a result of arty city or county inspections HE MAY BE REQUIRED TO MAKE REPAIRS to the property In order to Comply with lite housing code WHETHER OR NOT A SALE IS COMPLETED UNDER THIS AGREEMENT. ,i 8. POSSESSION. Buyer shall be entitled to possession on 2V closing ❑ other "Closing" means the date on which all documents are either recorded or accepted by an escrow agent and the sale proceeds are available to Seller. Taxes and water assessments (using the last available assessment as a basis), rents, Interest and reserves, Ileny, encumbrarc obligations assumed and utilities shall be pro -rated as of �i9siii� .Buyer shall pay for fuel in tank, amount to be determined by the su liner at Seller's expense. - 9. CLOSING. On or before the closing date, Buyer and Seller shall deposit with the closing agency all funds and instruments necessary to complete the sale. The closing date shall be no later than JULY 22, 1994 10. ACCEPTANCE. Buyer's offer Is made subject to the acceptance of Seller on or before 12:00 o'clock midnight of . 11 Seller does not accept this agreement within the time specified, the entire Earnest Money shall be refunded to Buyer on demand. TIME IS TH SS E OF THIS AGREEMENT. .7 See attached Addendum(s). ❑ See attached Counter Offer(s). 11. IMPORTANT — AGENCY DISCLOSURE. Al the 8me of signing this agreement the agent working with the buyer represented 2*L;J E and the agent working with the seller represented .Each party signing accent confirms that prior written disclosure of agency was provided to hindher in this transaction. Each section has read and understands the mate agency disclosure brochure previously received. Listing Agency: Tfifici Selling Agency: Ada o.--Aeal- Estates --_Zne BY: Peon . By: Rich Allison Phone:8$973DQ_ Buyer: ! Buyer's Address: Buyer: 1, 17 All Buyer's Phone: Residence Business On this date, IIWe hereby approve and accept the sale set forth In the above agreement and agree to carry out all the terms thereof on the part of the Seller. IIWe fuher acknowledge recelpt of a^ tru^ce copy of this ag �ment signed by both parties. Sell Date: �— .� y' y� J Seller's Address: Sella Date: 9,-7 Seller's Phone: Residence Business A true copy forego i a reement, signed by the Seller and containing the lull and complete legal description of the premises, Is hereby received on this 1� Buyer. Buyer: THE PR 1 S C NM ON THE REVERSE SIDE O IS AGE SHALL ALSO CONSTITUTE PART OF THE AGREEMENT OF THE PARTIES. EACH OF THE PARTIES ACKNOWLE ADING THIS AGREEMENT IN FULL. - Buyers Initial /.(. Seller's Initial BUYER'S COPY WITH SELLER'S ACCEPTANCE RE21 REV. 8/91 12 13 14 15 16 n 16 19 20 21 22 23 24 2e 29 30 31 32 33 34 35 36 37 3e 39 40 41 42 43 44 45 46 47 4e 49 50 52 53 54 55 56 59 60 61 62 63 64 65 66 67 66 69 70 72 73 78 79 0 e2 63 e4 65 06 ��r ^ ADDENDUM # 1 (1, 2, 3, etc.)^ ® 1 REALTOR® THIS IS AN ADDENDUM TO A PUM AND SALE AGREEMENT. READ THE ENTIRE DOCUMENT,, INCLUDING A IACHMENTS, CAREFULLY, BEFORE SIGNING. IF YOU HAVE AN.—JESTIONS, CONSULT YOUR ATTORNEY BEFORE SIGNING. 2 3 This is an ADDENDUM to the Real Estate Purchase and Sale Agreement and Receipt for 4 Earnest Money Dated: 11-22 19 93 ID # 091444 ADDRESS: 9 acres of property on northside of WesV'Rine & 12th Streets 5 6 BUYER (S) Four T's Inc. 7 SELLER IS) Mfr. 6 Mrs. John Navarro I 6 The undersigned Parties hereby agree as follows: 1 Price to be based on r usable'` re of final Plato 9 -- . . 2) Subject to City of Meridian approval of su vision with variance 10, 11 for less than SO feet frontage on lotil,and Buyers/Sellers approval 12 of requirements of Final Plat. 13 3) Buyer to pay all subdivision costs and Sellers to cooperate with all government agencies. 14 4) Seller to pay any loss to Farmerls land use. and deliver property 15 free of lease hold interests. 16 5) Seller to provide an Bnviroarmentel Review prior to Closing 17 1e 19 20 21 22 23 r . # �� •, � i t 1 24 25 26 27 28 29 30 31 r 32 33 34 35 36 37 38 39 40 41 herei greem t, upon its execution by both parties, is made an integral part of the aforementioned Agreement. 42 �The / BUYER SELLER 43 BUYER SELLER 44 / DATED: ��Lr%� DATED: /Z �� — X13 45 TIME: U_ ❑ A.M. A P.M. TIME: S • 0.0 ❑ A.M. P.M. 46 This form Is printed and distributed by the Ada County Association of REALTORS® . This form has been designed for and is provided only for use by real estate 47 professionals licensed by the Idaho Real Estate Commission who are also members of the National Association of REALTORS® . Use by any other person is 48 prohibited. ® Copyright Ada County Association of REALTORS All," rss d 1991 BUYER'S COPY 6WIN I SELWI'3 ACCEPTANCE 'rel 920 WARRANTY DEED j For Value Received MAUDE C. FRENCH, a widow 5J"' 5 '' rt. 1tiAi the grantor , do es heret,y rant, bai gain, sell and convey unto JOHN NAVARRO and CLO IA NAVA,RO, husband and wife, the graritc•e S. the follotr 119 (lesel.")•d premises, to -%tit: That portion of the S 1/'l. 3W 1/4 NW 1/4, Section 12, Township 3 North, Rance 1 West, Boise Meridian, Ada County. Idaho described as follows: Beoinnine at the W 1/4 corner of s�.id Section 12: thence North 89056' East 660 feet to the I true place of beginning; thence North 89°56' East 660 feet; thence North 660 feet;I thence South 89°56' West 660 feet; thence South 660 feet to the place of beeinnino Tooether with all water, water riohts, ditches and ditch richts appurtenant thereto or connected therewith. TO IIAVF A\I1 TO IIOLI) the sniri premises, with their appurtenances unto the said Grantees , their hairs and assigns forever. And the said Grantor do es hereby covenant to and Jth the said Grantee S. that ste is the owner in fee simple of said premises: that said premises arc free from all incumbrances and that he toil) warrant and defend the same frons all lawful claims tvilatsoever. Dated: January Y, 1971 — -- — — --- — --- Ada STATE OF IDAIIO..QOUNTY OF S'1'A1'F: OF IDAHO, COUNTY OF day �t Jan. 1:, 71 1 hereby certify hat this in stnrment was filed for record at On this A 4 txdore nae, a ntftary Public in and for said titatr, persr.nally thr n•ryuest of / r �•e appeared I t 1 inutes past I' o elock/orn., • m NAUDE C. FRENCH, a widow j this —Z9 Cmc'' day of 19 7Z, in my office, and duly recorded in�B a.k h r I of Deeds at page ;re to, be the person whose n,me iS subsea' to-:th'e'-.within instrument, and ackno�ledged to hwtShe exe ted the same. \otar/ Public Residirigit eridian, Idaho Comm. Expires 6 Ir- 73 M'arranV Dead :01-A ___--�LARETICEJ�._P�NTINr — /�/}/ Ex -Officio Recorder fly— �Se��-,�:�t,--Ll�\ i - �puty. Fees j 7erei / oo 5V• �-� Mail to: Prtated and For sale Br srau-Foh C—P-r. Bold Sir• '0: .13 s ; y 90ii540 r QUITO Ant.DBED rOR VALUE RECEIVED 'Howard.B Jenkins and Sharon::?. Jenkins, husband and wife,:° do"herab;.jtonvey.;:zeleKse: remise'. and forever Quitclaim unto John Navarro ;'and•. Gloria .'Navarro, husband .and wife, whose current address is. 1200 N:; Pine,_, Meridian, Idaho 63642, the following i a =-described premirea,. to wit. rte',', fThe real estate more particularly described in Exhibit A attached bersto.,:and by this incorporated herein,,, `? �{• ;Subject,{ to .taxes and assessaNtftiieateaants, rights of way, eneum:�Ancse. restrictions and reasrvatl6r ,} r TOtis s Mltli ti.ppurtenan0ee. 1990. 'a 4. �AdMOsaa% rase r Howrd (/ N Sharon.J. ne STATE 4611 IDAHWCI' '. county of Ae )',+, 'a- .��da Ifs y 'of ') 1990. before me,. the undersigned ,a, Nojary lubllo in and !or said County and State, personally appaared'HOMARD B. and SRARON J. JENKINS. husband and wife, known,or identified to as to be the ;wraons whose names are subscribed to•the:bithin instrument and acknowledged to me that they executed,' A&"..' y ,-WATMESE'k4VMZ0T I. have lwreunto set my hand and affixed my+. !!o Cyasl. the day and year first above written. ro public -for Idaho ResidlW. at Boise, Idaho �^ f My Commission.Expirear Key Bank of Idaho Commercial & International Services �u 702 West Idaho i` Boise, ID 83702 THE FACE OF THIS DOCUMENT HAS A GRAY PANTOGRAPH BACKGROUND Member FDIC I PRESENTATION DATE i AMOUNT IN FIGURES AND WORDS I NAME, STAMP AND SIGNATURE OF BANK OTHER ANNOTATIONS OF THE NOMINATED BANK: RECEIVED APR 2 0 1994 CITY OF MERI DIAtt 0 z 0 V) a J IZ W 0 0 a. 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