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~ ~~ ' ~( 5~ ` AMENDED ORDINANCE NO. 6Y5 1 , w, ~ w { ~_ ~ ~ ~ ~ - AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING-AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LYING SOUTH OF I-84 IN THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4, SECTION 17 , T . 3 N . , R. 1 E . , BOISE MERIDIAN, ADA ' C(~UNTYt _ II~AHOnn;_ A~D PROVIDING AN EFFECTIVE DATE. y, ~ ~~ .K~_ /j WHEREAS, the City Council and the MayR~ of_ the City -of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: PARCEL ONE ' A parcel of land being on both sides of the centerline of Interstate 80N, Project No. I-80N-1(29)45 Highway Survey as shown on the plans thereof now on file in the office of the Department of Highways of the State of Idaho, and being a portion of the SW 1/4 SW 1/4 of Section 17, Township 3 North, Range 1 East, Boise Meridian, described as follows, to-wit: Commencing at the Southwest corner of Section 17, Township 3 North, Range 1 East, Boise Meridian; thence North 0°18'49" East along the West line of said Section 17 a distance of 1041.52 feet to a point in a line parallel with and 120.00 feet Southerly from the centerline and opposite Station 2374+11.57 of said Interstate 80N, Project No. I-80N-1(29)45 Highway Survey and being the REAL POINT OF BEGINNING; thence South 89°33'18" East along said parallel line 388.43 feet to a point opposite Station 2378+00.00 of said Highway Survey; thence North 87°34'57" East 200.25 feet to a point in a line parallel with and 110.00 feet Southerly from the centerline and opposite Station 2380+00.00 of said Highway Survey; thence along said last parallel line as follows: South 89°33'18" East 149.99 feet to a point opposite Station 2381+49.99 of said Highway Survey, Easterly along a 9659.30 foot radius curve left 578.0 feet; more or less, to a point in the East line of AMENDED ORDINANCE - MID-VALLEY Page 1 the SW 1/4 SW 1/4 of said Section 17; thence North 0°33'06" East along said East line 220.0 feet, more or less, to a point in a line parallel with and 110.00 feet Northerly from the centerline of said Highway Survey; thence along said last parallel line as follows: Westerly along a 9439.30 foot radius curve right 576.0 feet, more or less, to a point opposite Station 2381+49.99 of said Highway Survey, North 89°33'18" West 149.99 feet to a point opposite Station 2380+00.00 of said Highway Survey; thence North 86°41'30" West leaving said last parallel line 200.25 feet to a point in a line parallel with and 120.00 feet Northerly from the centerline and opposite Station 2378+00.00 of said Highway Survey; thence North 89°33'18" West along said last parallel line 388.98 feet to a point in the West line of said Section 17, opposite Station 2374+11.02 of said Highway Survey; thence South 0°18'49" West along said West line 240.00 feet to the REAL POINT OF BEGINNING. Highway Station Reference: 2374+11.30 to 2387+31.10. AND PARCEL TWO A parcel of land being a portion of the SW 1/4 SW 1/4 of Section 17, T.3N., R.lE., B.M., Ada County, Idaho, said parcel being more particularly described as follows: Commencing at the Brass Cap marking the corner common to Sections 17, 18, 19 and 20, T.3N., R.lE., H.M., Ada County, Idaho, said point being the REAL POINT OF BEGINNING; thence, N. 0°00'07" E. 462.55 feet along the west line of said SW 1/4 of Section 17; thence, N. 89°36'58" E. 893.00 feet; thence, N. 0°03'23" W. 585.36 feet to a point of curve on the south right-of-way of I-84; thence along a curve to the left 435.18 feet, said curve having a delta of 2°34'53", a radius of 9,659.30 feet, tangents of 217.63 feet and a long chord of 435.14 feet which bears N. 87°44'04" E. to a point of ending of curve; thence leaving said right-of-way, S. 0°03'23" E. 1062.19 feet along the east line of said SW 1/4 SW 1/4 to the SE corner of said SW 1/4 SW 1/4 of Section 17; AMENDED ORDINANCE - MID-VALLEY Page 2 thence, S. 89°36'58" W. 1328.30 feet to the REAL POINT OF BEGINNING, said parcel containing 20.00 acres. AND PARCEL THREE A parcel of land being a portion of the SW 1/4 SW 1/4 of Section 17, T.3N., R.lE., B.M., Ada County, Idaho, said parcel being more particularly described as follows: Commencing at the Brass Cap marking the corner common to Sections 17, 18, 19 and 20, T.3N., R.lE., B.M., Ada County, Idaho; thence, N. 0°00'07" E. 1041.55 feet along the west line of said SW 1/4 of Section 17 to the south right-of-way of I-84, said point being the REAL POINT OF BEGINNING; thence along said right-of-way the following courses and distances: N.89°54'28" E. 391.93 feet to a Highway ROW Monument; thence,. N. 87°05'00" E. 200.50 feet to a Highway ROP7 Monument; thence, N. 89°57'16" E. 149.93 feet to a Highway ROW Monument marking a point of curve; thence along a curve to the left 150.29 feet, said curve having a delta of 0°53'29", a radius of 9,659.30 feet, tangents of 75.15 feet and a long chord of 150.29 feet which bears N. 89°28'15" E. to a point of ending of curve; thence, S. 0°03'23" E. 585.36 feet; thence, S. 89°36'58" W. 893.00 feet to a point on said west line of SW 1/4 of Section 17; thence, N. 0°00'07" E. 579.00 feet along said west line to the REAL POINT OF BEGINNING, said parcel containing 11.91 acres. are hereby annexed to the City of Meridian; that PARCEL ONE is zoned I-L; that PARCEL TWO is zoned C-G, and PARCEL THREE is zoned I-L; that the annexation and zoning is subject to the conditions referenced in the. Findings of Fact and Conclusions of Law as AMENDED ORDINANCE - MID-VALLEY Page 3 adopted by the Meridian Council on the request for annexation and zoning; that Applicant shall pay any development fee or transfer fee adopted by the City of Meridian as a condition of annexation and if not paid the land shall be de-annexed. Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements 1. Tile all ditches, canals and waterways, including those that are property boundaries or only partially located on the property. 2. Extend and construct water and sewer line extensions to serve the property and connection to Meridian water and sewer lines shall be made. 3. Construct streets to and within the property. 4. Dedicate the necessary land from the centerline of Overland Road for public right-of-way. 5. Pay any development fee or transfer fee adopted by the City of Meridian. 6. Enter into a development agreement as authorized by 11- 2-416 L and 11-2-417 D; that the development agreement shalladdress, but not be limited to, the inclusion into the subdivision of the requirements of 11-9-605 C., G., H. 2, K., L. 7. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. SECTION 3. That if Applicant shall fail to meet the above conditions the property shall be subject to de-annexation, which conditions subsequent shall run with land and also be personal to the owner and Applicant. Section 4. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Amended Ordinance. AMENDED ORDINANCE - MID-VALLEY Page 4 Section 5. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Amended Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this ~ fh day of ~('C''~~n ~.~~'~- , 1994. APPROVED: ~~ _ ~. ~ YOR -- GRANT P. I1~SFORD ATTEST: I. , ~ ~~ ~ .~. CITY CLERK -- WILLIAM: $ERG, JR. AMENDED ORDINANCE - MID-VALLEY °-f~ ~- ;; :3 ip ,~ x. ~'~. .~: ;,, .,:;., `ter ! ~.tT .. ,: F? ri. 1 ~~~ ~(j ~ ~' # ~ `ice ~":~;. - --•_~`~ Page 5 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 Amended Ordinance entitled "AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LYING SOUTH OF I-84 IN THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4, SECTION 17, T. 3 N., R. 1 E., BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Amended Ordinance No. 615, by the'~`ity Council an Mayor of the City of Meridian, on the E - day of ~,~~.~/n~~- , 1994, as the same appears in my office. DATE~,s ~? " day of ~- ~C'~'~ya~~~r , 1994. .~- . - ,~ ..~' . ~ S q`e .~. „ N eta: ~ ~ w [. ' ~ +~1 ~~~///~ ~ ~, ~~~;'~ }F~ r~ s ~ ~,i.7'11~ ~ ~ ~ .i.. 1i~ ~.~~~"`.rte. ~?~E~...r~~'G ~ ~ ~ ~° ~a+' ~ ~» City Clerk, City Meridian --; ~ ,;~-~.~ r ;Y ~ Ada County, Idaho few ~L • Yt ~ ~1' STATE OF'"'Z~3~ ss. County of Ada, j On this (a+~ day of ~l )PC e~ ber , 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. ,,,1'1 ~tlt~f t/11,,. ~ fug ~~ Ff~~~ ~ a~, ~ Ci' ~ o ~ T '3 r ~ .1 1'1 , ~~'p. i~ M1 ~{~.~ ~ ait . 1~ 6' .~ ~, ~, SEAL - '' ' v''~ G/ I {p~~ s ° ti r• V Y ~~ F~ o `~, 3 4 i~,~r~=lt~_~,, ~',', ¢~ o~ ~~ Vii, i~ ,CIIINfitltltl, AMENDED ORDINANCE - MID-VALLEY ry runlic nor Idaho ling at Meridian, Idaho CoMw~~'Ss/Oh elf~irPS o~~99 Page 6 ~ . ' .U . ;~ .\ i i'~ ~ ~ i ~ i ~ \\ ~~ ,, ocusT vtEw ---- -==c~a~~====v~vF - ----- ii; i i-'~~ ,-, I~~ , ~ ~1i,7,74L_ pBiYE.-_____.-'_ -- j I ~ ~, ~ % ~; ' ~ - ~ ' ~ ~ ' ~ ----- ~N?LE1Z--A~- '~----- HEIGHTS ~' " _ ; ; 'I ~ ~ ~ SUBDIVISION / --1~QNTiNERmer-. n ~', __B ----- --------------- ,~ ~~ ~, ~~ '~,'~, LOCllS' ;" i ~~ n i ~ ~ ' ~ i . u ~~ \~~ ', I E ~,~ , ., ~b ' _ `.~\`~ HEIGHTS -- - ~ \\ __ .~ - - ~~ .. ---~ 11 ~. \ ~ ' ~` ~ NO. 2 ' ~, ~ ~ a 1 • m ~ • . . n ` ~ S BDIVI ION ---- ----------- ---- tJ.89 'i8 E N.$~41 3D U~ N• GJ7 ----------- - ------ --- 84 ?f~ ~-------~ o ---------- ------- -- ~4 o E ,~ -- -------- ------- --- -- - ------ ----`----- ---------_ ------ - ----- •6°33h`.1@~ _J=~~ 25~~1~_ s_89°33 ~-~~------------ +- - ~; - -----°--------- IJ.FiI° "E N.61°05`oo°E J~'1~~ N.89'.'~ 15'E N.'b'Ps14•f~." ~ ~~ 381,9 7.00.50' 14~I.g3' 15AZk` \\1 a.. ~`~ o~l-JANCI~ 1Jo . LIFE ~ ' ~ ~~ I'~GEL'111F~EF .~ ~ Z ~ ~ ut 3 8 '~ ~ ~ \' 00 ~;~ b o ~ -~ z ~- sq°~~ sew y, z ~ tl~ $q3.o _~ N.89°3`58 E. ~~~ 893.0 ~ N \` ~ ~~ 0 ~ \' ~ '+' ~ Q.. ~ ot~ItJANc-~ NU.C.~S yi ~, 8 ``~ ~ ~~~2NEtzhhl %- -------------------------- ----------------------------------------- --- -- ------------------ -------------- -------------------------- --- ----------------------------------------------------------------------- la =; ~20 ~~ ~. ~~ ~~ ~~ . ~~ ~~ ~ ~ ~ r~ d~ mpyrignoed by nda ca.,,ty. l~~~ . 1 . ~,,,, ~ REQUEST FOR SUBDIVISION APPROVAL PLANNING AND ZONING COMMISSION A inquest for preliminary plat approval must be in the City Clerk's possession no later than three days following the regular meeting of the PLznning and Zoning Commission. Tbe Plamm~g 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 ached upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P. M. , Thursday following the Planning and Zoning Commission action. GENERAL, INFORMATION 1. Name of Annexation ~ Subdivision: The Playground Subdivi ion 2. General Location: SW 1,4 Section 17. T N , R 1 E 3. Owners of record: Thyground, Lnc Address: ~ 780 E. Overland Rna ,Meridian ,Zip 83642 Telephone 887-9724 4. Applicant: SAME Address: 5. Engineer: Firm: _Teaiey's Land ~rvey,~,g Address: ~ S. 4th Str?pt,~, Zip 83702 Telephone 385-0636 6. Name and address to receive City billings: Name: the Playgro~i nd, Inc Address 1780 E. Overl nd Rnad, Meridian Telephone 887-9724 P MIN RY PLAT C F.('I LI T: Subdivision Features 1. Acres 20.00 2. Number of lots 3 3. Lots per acre 0.15 4. Density per acre 5. Zoning Classification(s) C_G ___~ 6. If the propoBed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification? 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 11. What school(s) service the area? ~ McPher n .lemen ary Do you propose any agreements for future school sites? NO Explain 12. Other proposed amenities to the City Water Supply Cif Fire Department Meridian Other Explain 13. Type of Building (Residential, Commercial, Industrial or combination) Commercial 14. Type of dwelling(s) (Single Family, Duplexes, Multiplexes, other) 15. Proposed Development features: a. Minimum square footage of lot(s): b. Minimum square footage of structure(s): c. Are garages provided for? Square footage: d. Are other coverings provided for? e. Landscaping has been provided for? Yes Describe .Maintenance of exi ing trees (2) ' f. Trees will be provided for? Yes Trees will be maintained jay individu?l lot owners . g. Sprinkler systems are provided for as ner City Ordinan h. Are there multiple units No Type remarks: i. Are there special set back requirements? No Explain j. Has off-street parking been provided for? Yes Explain k. Value range of property 1. Type of financing for development m. Protective covenants were submitted? Date: 16. Does the proposal land-lock other property? No Does it create enclaves? No STATEMENTS OF COMPL AN('F: 1. Streets, curbs, gutters and sidewalks are to be constructed to the standards as required by the Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five feet (5') 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. (3) o ~ ,` , 1 . I ~ I ~, ' r...~ `= t n ~~ Z ; ~~ ~ ; ~, , ~, ~ ;,,~ a ~ ~ ; r, ~. O~ ~ / I ~ Q '` ~ C~ ` ~- ;r f S X00 ,~ ~~w , i Q ~ ~~ , wr"! ~. .. -i , ~. : ' ~ Z ; l ~ ~_ ; ~ R r . ~ , , ~_ f r .. I 1 ~ . ~. ; ~~ . ~• ~. (' Z •, ~ --- N~ _. a =~ (~ v V _ _ . ,, ~ ~- ~~ .. ~ .~~ {_ V'~ ~.. ~"' 1 ~ . i i r a1~0~! ~nO~JJ 1Sfl~Ol _, f~t _. - ~ ~ .. . Li.; ,I '.t Z+ ~ Z F i ~_ _. . L7 . ~~ r1 ,s . ~yv. .. ~, ~ ~ ~ c'~ a~ - ~} ~ ~ ~ ~ ti /,VM Nd~1Slti^d5 ~ . ,~ O ~ ~ ~' a H tO Z t, ~. r c N ~~ ~ ~ i~ ~ N G~ O t n, ~Z ~ a c ~- v. ac .. , i ~ W ~ AA N ~~ o v, ~ W l C, N ~ ~ a ~~ _ _ ~3n~ ` N ~ Q ~ e _ o ~ m .~~ I 1 ~ ti ' --- - --- t; ~ ~ ~'~ ~;' ~~ W ~ ',~\ Z L/ \_ .. ~~ ~, , U ~~ _ #,, - r ~ ' .~ 1 ~:~:~ Q ~ ~ _~ / ~) ~. ~ ~ ~ ~` oy ~ Q ~ ~ ~ ~. '` ~ C~ ; ~ I ~- ;r t ~°0 ~~w i Q + ~ ,~ ~.~+tjJj , ! ~w ~ . _ ad02~ ~n02~J 1Sf1~4~ - 1 t ~ ' ~~ ] I ,~ i `~ .. ~ . . - ~ i ~. .~. ~t ' , ~' , W ~ z r_ ~~~ ~__ . ~ ~- 1yi ~ ~~ ~. ~ ~ ~ ~ 11 ~ a ~. . • w' Nt1 V~IS hind \ ~~ r/~ AVM ~ ~ V ^~ r= a • V' N N ~ Zti F W N QiZ f7 ~ i`1v. ., ~, - W ~ ~ ~ ~ N ~ ~ N ~ 7 ~ e . r r a 3 0~~ ~Q3 ' aC~ `~Sy }LLj CC Q JZ m LL ul~Q1C a~~m Z LL r ~ U \_ l W 3 Q _ Q .\ O 8 ~ m ~ ~ r ~~~ m ~ ~ ~ Zf-~ ~ a Z ~ ~ d a F~~ E ~ ~~~ ~~ ~~ ~ 4 o E 8 ~ Q ~ s+si secs ~u3ao.~o ow o~oua ~ ra ,uo~ _ ~ onrm .ry ww~ va ~nraw3n " ' '~ ` ~ owm xae .~~ .~ e 3ra ~c i •ti nou>a v/~ xs r/~ rc ~u ao nouwe . ONIA3AMf18 Gdr~ S,A3'7r31 NOISL1108115 ONRON~,ltl7d d0 dY7d ANtlNI11III7Nd 3 J ~ ~ ~° s ~; ~ ,~ ~~;~~~~~ ~~'i~iii°D_...°°° P~~,y~ 0* BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION MARY MOON/WEST PARK COMPANY ANNEXATION AND ZONING A PARCEL OF LAND LYING SOUTH OF I-84 IN THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 SECTION 17, T. 3N., R. lE., BOISE MERIDIAN MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on June 8, 1993, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant not appearing but Greg Johnson appearing on behalf of Applicant, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for fifteen days weeks prior to the said public hearing scheduled for June 8, 1993, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 8, 1993, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations; 2. That the property included in the application for FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 1 annexation and zoning is described in the application, and by this reference is incorporated herein;. that the property is approximately 10 acres in size; it is located on South Locust Grove and the I-84 Intesection. 3. That the property is presently zoned by the county as R T Rural Transition and the requested Zone is I-L, Light Residential. 4. The general area surrounding the property is used agriculturally and residentially. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant is not the owner of record of the property but the owner of record agreed to the Application. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 8. That the entire parcel of ground is included within the Meridian Urban"Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. That the. Application requests that the parcel be annexed and zoned as indicated in paragraph 3 above; that the present use of the property is for agriculture; that the applicant indicated that the intended development of the property is for I-L Light Industrial. 10. That the Applicant testified that the property would be used for a driving range and batting cages and for an Recreational Vehicle park, but .that there was some problems with the FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 2 Comprehensive Plan and that Applicant's opinion was different than that of Wayne Forrey, Meridian Planning Director, that the subdivision would not be used for commercial uses; that there were two interchanges to provide easy access to the property; that the area was good for schools because it is not in a residential area; that Applicant would support a transfer tax; that there would be recreational faculties and amenities provided; that Hunter lateral provided a `water amenity and irrigation and that river rock would line the lateral; that offices/warehouses would be built in phases within five to eight years; that there would be a landscaped berm along the freeway but that there would be no concrete walls and that the Locust Grove property would be responsibile for one-half of the building of the berm; that to the east is farm land owned by May Trucking and west of the proposed property to be annexed is a mobile home sales lot. 11. There was testimony in support of the Application. 12. That the property is located in the MIXED USE Area north of Overland Road and south of I-84 between Eagle and Locust Grove Roads; the Comprehensive Plan states at page 23 that; "Probable uses for the areas could be service commercial, ..., open space uses ... motels and industrial." 13. That in the Rural Area section of the Comprehensive Plan it does state that land in agricultural activity should so remain in agricultural activity until it is no longer economical to exclude orderly growth and development. 14. That Meridian has, and is, experiencing a population FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 3 increase; that there are pressures on land previously used for agricultural uses to be developed. 14. That the property can be serviced with City water and sewer. 15. That the Meridian Planning Director did submit comments and such are incorporated herein as if set forth in full. 16. The Meridian School District submitted comment and such is incorporated herein as if set forth in full; its comment was that there is no excess capacity in the schools of the District and that residents of the new subdivision could not be assured of attending the neighborhood schools; the School District asked for support for a development fee or a transfer fee to help offset the costs of building additional schools. 17. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, stated as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the proposed subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 4 School District which provide school service to current and future residents of the City; that the City knows that the increase in population does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students. 18. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which if possible would be retroactive and apply to all residential lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 19. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 20. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. such screening shall be a minimum of twenty feet (20'} wide, and shall not be a part of the normal street right of way or utility easement;" 21. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 5 22. That Section 11-9-605 K states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi- improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park. and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal; linkages; and 6. To link residential neighborhoods, park areas and recreation facilities. 23. That Section 11-9-605 L states as follows: Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicycle- Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 24. That the I-L, Light Industrial District is described in the Zoning Ordinance, 11-2-408 B 14., and such is incorporated herein as if set forth in full. 25. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 6 and followed. CONCLUSIONS OF LAW 1. That all the procedural requirements of the Local Planning Act and of the Ordinances. of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's .annexation authority is a Legislative function. 3. That the Planning and Zoning Commission has judged this annexation and zoning use application contained in Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 7 contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant, and the annexation is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616 which pertains to development time schedules and requirements and 11-9-605 M, Piping of Ditches; that the Applicant will be required to connect to Meridian water and sewer; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, R, L and should address the comments of the Planning Director, Wayne Forrey, that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any development fee or transfer fee adopted ~by the City; that there shall be no annexation until the requirements of this paragraph are met or, if FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 8 necessary, the property shall be subject to de-annexation and loss of City services, if the requirements. of this paragraph are not met. 10. That proper and adequate access to the property is available and will have to be maintained. 11. That the Applicant's property is located in the MIXED USE Area east of Runa Road as designated in the Meridian Comprehensive Plan; that it is concluded that the property as proposed to be used, is in compliance with the Meridian Comprehensive Plan. 12. Therefore, based on the Application, the testimony and evidence, these Findings of Fact and Conclusions, and the Ordinances of the City of Meridian, it is ultimately concluded that Applicant's property should be annexed and zoned as requested;~that the development of the property shall meet the representations of the Applicant and his agents and included in the Application, that the conditions shall also include those stated above and upon issuance of final platting and other conditions to be explored at the City Council level; that such annexation would be orderly development and reasonable if the conditions are met; that the property shall be subject to de- annexation if the conditions are not met and strictly adhered to. 13. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de-annexation. 14. With compliance of the conditions contained herein, the annexation and zoning of I-L, Light Industrial would be in the FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 9 best interest 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. ROLL CALL CHAIRMAN JOHNSON (TIE BREAKER) VOTED COMMISSIONER $EPPER VOTED COMMISSIONER ROUNTREE VOTED COMMISSIONER SHEARER VOTED ~,,,u COMMISSIONER ALIDJANI VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning requested. by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and to the all ditches, canals and waterways as required in these Findings of Fact and Conclusions of Law as a condition of annexation and that the Applicant meet all of the Ordinances of the City of Meridian, specifically including the development time requirements. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 10 E DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this 13th day of October, 1994, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party of the first part, hereinafter called the "City", and THE PLAYGROUND, INC., an Idaho corporation, party of the second part, hereinafter called the "Developer", whose address is 4098 North Jullion, Boise, Idaho 83704. WITNESSETH: WHEREAS, the Developer is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A', which is attached hereto and by this referenced incorporated herein as if set forth in full; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning of land; and WHEREAS, the City has passed development ordinance 11-2-417D, which authorizes development agreements upon the annexation and rezoning of land; and WHEREAS, the Developer has submitted an application for annexation and zoning, or an application for rezone, of that certain property described in Exhibit "A" , and has requested zoning of C-G; and WHEREAS, the Developer desires to make certain commitments regarding the development of the land and certain improvements to be made thereto; and DEVELOPMENT AGREEMENT - 1 MM&C 1571.02 10/07/94 WHEREAS, the City has authority to place conditions and restrictions upon annexation or rezoning of property; and WHEREAS, Developer deems it to be in its best interest to be able to enter into this agreement and acknowledges that this agreement was entered into voluntarily and at its urging and request; and WHEREAS, the Developer, as sole owner of the land, has made request to the City to have the land annexed to the City and, as part of the annexation proceedings, the City has adopted and approved Finds of Fact and Conclusions of Law; and WHEREAS, the Finds of Fact and Conclusions of Law required that the Developer enter into a Development Agreement; and WHEREAS, the City, in the Findings of Fact and Conclusions of Law, annexed the property subject to de-annexation if the Developer did not enter into a Development Agreement. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: Developer agrees, and hereby binds its heirs, successors and assigns to this agreement, in consideration for the annexation, rezone, or the non-de-annexation of the area, as follows: 1. The above recitals are contractual and binding and are incorporated herein as if set forth in full. 2. That Developer will, before annexation, or de-annexation, file or cause to be filed with the City Engineer, a complete set of Improvement Plans showing all streets, entry drives entering the property from Overland Road, utilities, pressurized irrigation facilities, fire hydrants, extension of sewer lines to and along the exterior boundary of such property, tiling and extension of water through the Hunter Lateral, extension of domestic water to the DEVELOPMENT AGREEMENT - 2 MM&C 1571.02 10/07/94 easternmost boundary of the property in phases unless development occurs to the east (in which case service will be provided immediately), drainage, and other similar signage and barricades, and other such improvements contemplated within the development, which Plans and all improvements shown thereon shall meet the approval of the City Engineer. Said Improvement Plans are incorporated herein and made a part hereof by reference. 3. That Developer will, at his or their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs and gutters, sidewalks, pressurized irrigation system, the the Hunter Lateral, electrical transmission lines, natural gas lines, telephone lines, sidewalks, cross drains, street, street surfacing, street signs, and barricades as well as any and ail other improvements shown on the Improvement Plans. 4. That Developer will construct and install all such improvements in strict accordance with the approved Improvement Plans, and the City Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the time the construction of said improvements is accomplished, or as otherwise agreed between Developer and the City. 5. That Developer will provide the City Engineer with at least fifteen (15) days advance written notification of when and what portion, or portions, of said improvements he intends to complete and the time schedule therefor; and agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the City Engineer. 6. That Developer will have "corrected" original drawings of the Improvement Plans of all said improvements prepared by a Registered Professional Engineer and will provide the DEVELOPMENT AGREEMENT-3 MM&C 1571.02 10/07/94 City with said Plans or a duplicate mylar copy of said Plans. The Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location (both horizontally and vertically) of the various water and sewer lines, all utility lines, and pressurized irrigation lines and their individual service lines, the curb and gutter alignment and grades, etc. The corrected Improvement Plans shall include a "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans of the various improvements are true and correct and that he (the Registered Professional Engineer) has inspected the construction of the various improvements (water lines, sanitary sewer lines, pressurized irrigation lines, gas lines, electricity lines, storm drain lines, curb and gutter, street paving, etc) and that the materials for and the installation of the same were all done in conformance with the applicable City Standard Engineering Drawings and Standard Engineering Specifications governing the construction of these facilities. 7. That Developer shall, immediately upon completion of any such constructed portion, portions, or the entirety of said development, notify the City Engineer and request his inspection and written acceptance of such completed improvements or portion thereof. 8. That Developer agrees, upon a finding by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion, or portions, or the entirety of said improvements need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the City, the Developer will thereupon, within a reasonable time, construct said needed improvements, or, if he does not so construct within a reasonable time after written notification of such Council action, and the City thereafter determines to construct, and does construct such improvement, or improvements, the Developer will pay to the City the DEVELOPMENT AGREEMENT - 4 MM&C 1571.02 10/07/94 cost of such construction, in such manner and under such terms as the City shall order after conference with the Developer. Provided, however, the City Council shall not make the finding set forth in this paragraph except at a regular or special meeting of the City Council and unless the Developer has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be present in person or by counsel, and to be heard on the merits of the proposed finding. 9. That Developer agrees that upon his, its, or their having received written notification from the City Engineer, that any of the requirements herein specified have not been timely complied with, that the City shall have the right to withhold the issuance of any Certificates of Occupancy within such annexed area and/or shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed area until such time as all requirements specified herein have been complied with; provided, however, the Developer shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its decision shall be final, except that the rights of the parties are preserved by law and equity. 10. Developer agrees that, in the event any of the improvements or payments required herein are not timely installed or paid, the City may, at its sole option, within ten (10) days written notice to Developer, install the improvements and declare the entire cost of said improvements or unpaid balance to be immediately due and payable and may seek to collect such DEVELOPMENT AGREEMENT - 5 MM&C 1571.02 10/07/94 sums in the manner provided by law, or may pursue any other remedy set forth herein or as may be available in law or equity. In the event of any such declaration, all sums due shall bear interest at the prime interest rate of First Security Bank of Idaho, plus five percent (5 %) per annum, until paid. Provided, however, the City Council shall not make the finding set forth in this Paragraph except at a regular or special meeting of the City Council and unless the Developer has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be present in person or by counsel and to be heard on the merits of the proposed finding. 11. That Developer agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement, to secure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, pressurized irrigation system, the for Hunter Lateral, streets, curbs, gutters, sidewalks, landscaping and berming. In the event of Developer's failure to complete such installation, the City may install such improvements and, without notice, foreclose this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of Idaho; provided further that upon request of the Developer, the City will execute and deliver a partial release of the lien created herein against all or any portion of the subject land, upon completion of that portion of the total improvements installed which relates to the percentage of improvements that have been installed as compared to the total amount of improvements. The City shall also execute and deliver a partial release of the lien created herein for the installation of curbs and gutters upon Developer's deposit of monies required by the Ada County Highway District into the Public Rights-of-Way Trust Fund. DEVELOPMENT AGREEMENT - 6 MM&C 1571.02 10/07/94 The City further agrees that, upon request of Developer, the City will, by written agreement, subordinate the lien created hereby, to any mortgage, deed of trust, or other security device required to secure the payment of any loan or advance made to Developer for the sole purpose of financing the construction of improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall first warrant and represent in writing that it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will take reasonable precautions usual and customary to the financing and lending industry to ensure that the loan proceeds or advances will not be used for any other purpose. The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under 11-9-606C of the Revised and Compiled Ordinances of the City of Meridian, to insure the installation of the improvements, and the Developer agrees to provide such, if required by the City. 12. That Developer agrees that those portions of the water main or the sanitary sewer line, for which the City has expressly agreed to enter into a late comers agreement, if any, for including any water or sewer line extensions, increased line size or capacity, are required because of future service needs originating from properties not owned by Developer and located within the vicinity of the subject development, that sound planning requires construction thereof at the present time in order to accommodate future expansion and development. In recognition of the cost savings which can be accomplished by construction of such excess capacity and/or improvements concurrently with the facilities to be constructed for Developer's purposes, and the impractability or impossibility of constructing such excess capacity and/or improvements DEVELOPMENT AGREEMENT - 7 MM&C 1571.02 10/07/94 separately or at a later time, Developer agrees to design and construct such facilities subject to the City's agreement to enter into a late comer agreement to reimburse Developer for a portion of the costs for such excess capacity. Developer agrees to obtain three independent bona fide bids for the performance of such work from qualified and responsible contractors and shall deliver copies of such bids to the City prior to the commencement of such work. Such bids shall be solicited and itemized in a manner which allows clear and specific identification of that portion of the construction work for which the City may possibly enter into a late comers agreement. The City's obligation to enter into a late comers agreement to help Developer pay for such costs shall be limited to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by Developer to perform the work. 13. That Developer agrees that no Certificates of Occupancy will be issued until all improvements, other than curbs and gutters, are completed and monies have been deposited in the Public Rights-of-Way Trust Fund for completion of curbs and gutters, unless the City and the Developer have entered into an addendum agreement stating when the improvements will be completed in a phased development; in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or, if required, monies have not been deposited in the Public Rights-of--Way Trust Fund for their completion. 14. That Developer agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in Exhibit "B" attached hereto and by this reference made a part hereof. DEVELOPMENT AGREEMENT - 8 MM&C 1571.02 10/07/94 15. That Developer agrees that any notice required by this Agreement shall be given at the following address: City of Meridian: City Engineer City of Meridian 33 East Idaho Meridian, Idaho 83642 Developer: The Playground, Inc. 4098 North Jullion Way Boise, Idaho 83704 16. That Developer agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's Office. 17. All covenants and conditions set forth herein shall be appurtenant to and run with the land and shall be binding upon Developer's heirs, successors or assigns. 18. This Agreement shall become valid and binding only upon its approval by the City council and execution by the Mayor and City Clerk. 19. That Developer agrees to abide by all ordinances of the City of Meridian and the property shall be subject to de-annexation if the owner or its assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. Dated the date, month and year first appearing. CITY DEVELOPER ~~~~~c.~..-cam By: ~~ President By: Grant P. Kingsford, Mayor By: William G. Berg, Jr., City Clerk (rhn\1571.02\agmts\develop.b3) DEVELOPMENT AGREEMENT - 9 MM&C 1571.02 10/07/94 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 ,moo _~~~~p~ -acrd ,~ _' /known, or proved to me, to the President and Secr ae ry of The Playground, Inc. that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public Residing at ~'~,,,~ /J> My commission expires ~ -~~ • ~p©~ 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 Grant P. Kin sfg ord and William G. Berg, Jr. known, or proved to me, to the Mayor and City Clerk of City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public Residing at My commission expires DEVELOPMENT AGREEMENT - 10 MM&C 1571.02 10/07/94 EXHIBIT "A" A parcel of land being a portion of the SW 4 SW of Section 17, T.3N., R.lE., H.M., Ada County, Idaho, said parcel being more particularly described as follows: Commencing at the Brass Cap marking the corner common to Sections 17, 18, 19 and 20, T.3N., R.lE., B.M., Ada County, Idaho, said point being the REAL POINT OF BEGINNING; thence, N.0°00'07"E. 462.55 feet along the west line of said SW ~ of Section 17; thence, N.89°36'58"E. 893.00 feet; thence N.0°03'23"W. 585.36 feet to a point of curve on the south right-of-way of I-84; thence along a curve to the left 435.18 feet, said curve having a delta of 2 ° 34' 53", a radius of 9,659.30 feet, tangents of 217.63 feet and a long chord of 435.14 feet which bears N.87°44'04"E. to a point of ending of curve; thence leaving said right-of-way, S.0°03'23"E. 1062.19 feet along the east line of said SW SW ; to the SE corner of said SW 4 SW~, of Section 17; thence, 5.89°36'58"W. 1328.30 feet to the REAL POINT OF BEGINNING. EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN IDAHO AND THE PLAYGROUND. INC. This development includes the following: 1. A recreational vehicle park, campground, and facility for tents and travel vehicles containing not more than one hundred twenty (120) spaces for parking of travel trailers, motor homes, campers, and similar travel vehicles. 2. A golf and driving range and facilities for golf, including putting greens, sand areas, facilities for short and intermediate range golf practice, miniature golf, and other similar golf facilities. 3. Other similar sports park facilities or sports training facilities such as batting areas, and practice play areas for tennis, soccer and other outdoor or field sports. 4. A playground, a snack bar, an arcade, a game room, and a small convenience store primarily serving customers of the recreational vehicle park or recreational facilities located on the land. 5. Any related necessary or ancillary facilities for any of the above uses, including equipment storage sheds, other support or maintenance buildings, and other buildings necessary for operating facilities to be constructed on the land. Developer shall: 1. Tile the Hunter Lateral prior to receiving a Certificate of Occupancy for Phase II of the development, or March 1995, whichever occurs first. 2. Extend and construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines. Water line extension must be through the Hunter Lateral prior to obtaining a building permit. Water line extension to the easternmost boundary of property must be completed by fall 1995 or when development of adjacent property occurs, whichever is earliest. 3. Construct paved streets within the property. 4. Dedicate the necessary land from the centerlines of Locust Grove Road and Overland Road for public right-of--way; construct sidewalks and deposit amounts required by Ada County Highway District into the Public Rights-of--Way Trust Fund for the construction of curbs and gutters along Overland and Locust Grove Roads. 5. Pay any development fee or transfer fee adopted by the City. 6. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City. 7. Provide pressurized irrigation within the development and provide evidence of approvals from appropriate irrigation district/canal company and downstream water users prior to application for an occupancy permit for Phases II or III. 8. Provide landscaping as depicted on approved plans prior to obtaining a Certificate of Occupancy. Failure to provide and maintain landscaping may result in revocation of Certificate of Occupancy. 9. Construct, pave and stripe all parking areas and walkways in accordance with City standards, including requirements of Americans with Disabilities (ADA). 10. Design buildings to be accessible to the handicapped in accordance with ADA. ~ f October 13, 1994 Mr. Duant Whitman CITY OF MERIDIAN Re: The Playground, Inc. Dear Mr. Whitman: We understand that our payment of building permit fees and ACRD impact fees on this date in order to get our building permit is not a full satisfaction of amounts due to the City of Meridian (the "City"). It is our understanding that certain assessments and late-comers' fees still need to be computed by the City and prior to the issuance of water meters or certificates of occupancy, these .late-comers' fees will need to be paid. Signed: ~~ By: Sue Clarke Title: President of The Playground, Inc. (rlm\1571\corr\whitman.001) EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND THE PLAYGROUND, INC• This development includes the following: 1. A recreational vehicle park, campground, and facility for tents and travel vehicles containing not more than one hundred twenty (120) spaces for parking of travel trailers, motor homes, campers, and similar travel vehicles. 2. A golf and driving range and facilities for golf, including putting greens, sand areas, facilities for short and intermediate range golf practice, miniature golf, and other similar golf facilities. 3. Other similar sports park facilities or sports training facilities such as batting areas, and practice play areas for tennis, soccer and other outdoor or field sports. 4. A playground, a snack bar, an arcade, a game room, and a small convenience store primarily serving customers of the recreational vehicle park or recreational facilities located on the land. 5. Any related necessary or ancillary facilities for any of the above uses, including equipment storage sheds, other support or maintenance buildings, and othe rbuildings necessary for operating facilities to be constructed on the land. DEVELOPER shall: 1. Tile all ditches, canals and waterways, including those that are property boundaries or only partially located on the property, and specifically including the Hunter Lateral. 2. Extend and construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines. Water line extension must be through the Hunter Lateral prior to obtaining a building permit. Water line extension to the easternmost boundary of property must be completed by fall 1995 or when development of adjacent property occurs, whichever is earliest. 3. Construct paved streets to and within the property. 4. Dedicate the necessary land from the centerlines of Locust Grove Road and Overland Road for public right-of--way. EXHIBIT "B" THE PLAYGROUND DEVELOPMENT AGREEMENT Page 1 of 2 5. Pay any development fee or transfer fee adopted by the CITY. 6. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the CITY. 7. Provide pressurized irrigation within the development and provide evidence of approvals from appropriate irrigation district/canal company and downstream water users. 8. Provide landscaping as depicted on approved plans prior to obtaining a Certificate of Occupancy. Failure to provide and maintain landscaping may result in revocation of Certificate of Occupancy. 9. Construct, pave and stripe all parking areas and walkways in accordance with City standards, including requirements of Americans with Disabilities Act (ADA). 10. Design buildings to be accessible to the handicapped in accordance with ADA. EXHIBIT "B" THE PLAYGROUND DEVELOPMENT AGREEMENT Page 2 of 2 CITY OF MERIDIAN FINAL SUBDMSION PLAT CHECKLIST INCOMPLETE SUBMITTALS WILL NOT BE PROCESSED SUBDIVISION NAME: _ THB PI_.4 YGROUND IBDIi~I ION ENGINEER: _ TEA~EY' L-AND SUR [~EYIN . The final plat shall include and be in compliance with all items required under Title 50, Chapter 13 of the Idaho Code. The final plat submittal shall include at least the following: IT~~ DESCRIPTION CO .Nrfi 1. Thirty (30) copies of written application for approval as stipulated by the Council attached 2. Proof of current ownership of the real property included in the proposed final plat and consent of recorded owners of the plat (warranty deed, signature sheet of final plat) _ attached 3. A statement of conformance with the approved preliminary plat and meeting all requirements or conditions thereof attached 4. A statement of conformance with all require- ments and provisions of the Ordinance attached 5. A statement of conformance with acceptable engineering, architectural and surveying practices and local standards attached 6. Street name approval letter from Ada County attached 7. Three (3) copies of the final engineering construction drawings for streets, water, sewers, sidewalks, irrigation and other public improvements 8. Thirty (30) prints of the final plat at a scale of one inch equals three hundred feet (1 " = 300'). Include subdivision and street names, lot and block numbers ~y. attached FINAL SUBDIVISION PLAT CHECK LIST page 2 9. Thirty (30) folded copies of the final plat containing the following requirements and three (3) copies of the signature page of the final plat. Plat shall include: attached a. Approved Plat Name / b. Year of Platting / c. Sectional location of plat -County / d. North Arrow / e. Scale of plat (not smaller than 1" = 100') / f. Streets and alleys with widths and bearings / g. Street names / h. Consecutive numbering of all lots in each block, and each block lettered or numbered / i. Each and all lengths of the boundaries of each lot including curve table / j. Exterior boundaries shown by distance and bearing (heavier lines that streets and lots) including curve table / k. Descriptions of survey monuments / 1. Initial point and tie to at least two public land survey corners or, in lieu thereof, to two monuments recognized by the City Engineer or County Engineer or surveyor; and also, if required by the City or county governing bodies, give coordinates based on the Idaho coordinate system / m. Easements n. Basis of bearings '~ o. Pertinent notes for easements, '~ restrictions, designations, etc. / p. Land Surveyor -signed seal / q. Land Surveyor business name -City location r. Legend of symbols / s. .Minimum residential house size ~ t. Adjacent platted subdivision names N.A. 10. Fee Paid - ,~_ Lots @ $10.00/Lot $30.00 11. Other information as Requested by Administrator, City Engineer, Planning & Zoning Commission, or City Council / FINAL SUBDIVISION PLAT CHECK LIST Page 3 12. Substantial differences between the approved preliminary plat and the final plat, variances not yet applied for, non-conforniance with comments of staff and/or agencies, etc., will be cause for rejection and/or possible resubmittal to Planning & Zoning Commission for approval. REVIEW BY: Shari Stiles_ Pl~pg~~~~rator Gary D it P~,,,,~y Engjneer ACCEPTANCE DATE: f ~ SOUTH LOCUST GROVE ROAD ~.~ ~ m BA 515 OF BEARING w ooroo•or E ~ N X62.55' .579.00' ~ > ~ O J `~ N 00'00'07" E 397.55' ~ n - - - - s & ~ - - v I ~u~ ~ v ~ wN ~~gp •W I ~ I :~ I ~ g ti I Iz ~ w I~ ~ t o ~ q o a r s I I I ~I m g im n I s c: ~ °' NI m `~ °1 ~ ~ I F .., I I ~ j S 00'23'02' E 112.51' S 002J'02' E a ~ ~ v . ,~.oo' , I ~ ~ ~ .~m I z ~~ sP d i ~~ ~ f Q ~ C j I ,i `~ i 1 U+I I I i« i .r i i e5 ~- 4 _ _ _ i ~ ~ 4 „0• 8 m} z ~I x ~, H ~~ ~ I ~~ ~ ~~, _P ~=~ .~ ,~~~ [a O' _h{~ !•fa w' ~~~+++ ~,~ ~~ -•.~ ` l I~ y~"a ~a 4cs €a _m ~ mss ~ xr >c _ c' rz ~',aPr _ ~a 4 c is Tj N 1 „" O ~ ~m~ ~°a~. op N z~ n° ~o i ~~ A /~ 4 .1 T zNa ~ £n c ^. Rc r z~ o~ ~~ ~ -~ `{D$' ~g '- ~ ~ ' m`'? r r~"'~ nS ~~ ~ 4 m ~ ~ ~ ' iG ~ ~ O _. ~ s can Mr., w n r~ z= i ~ ,/,, ~ Z c.+ ...~ ~ ~. 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Q n ~fi ``J N N V~ W ~ IA L ` N M 1 ~ 7 {n . t. _ , , - /Qc. - /~ c-otdL PIONEER TITLE ~~~~'~`,~~0 tUER ¢~.',~VA ,RO OF ADS CO~YS E FD R TITLE '9`I FEB 3 P(~ Io 821 West State Street /Boise, 1t'~o 8370' ~,,cF„~ (20R) 336-6700 RECORDED AT TEIL' A. 888 North Colc Road /Boise, Idaho 83704 (208)377-2700 FILE 012 ~4 ST OF 9 8y0iy ~..~ 1E~: ~UU1~U9 AO", ~~. , ~CGROER J. DbY1L !! , 1. RO 801SE IU PIONEER ? CO. '93 OfCT ~ P(~ ,FE B'F1~-- D RECORDED AT T.ic i+EGUEST OF SPACE ABOVE FOR RECORDI`G DA1':~ QUITCLAIM DEED FOR VALUE RECEIVED D. MICHAEL CLARKS AND SUE CLARKS, HUSBAND AND WIFE ~~I ~<;3 i =','~R7 U~ ~RlUx~~~: i:'~ do hrrrhy am~•ry, mlrasc, remise and f,•rrarr yuitcl:iim ;; ~' unto THE PLAYGROUND, INC. '~~ r~«- _.. . _ • __.v _- - ---- -iQt?ttTl;"-.J'Q€t2i~'~SJft`t."_"~IS'E: _IDA~iO°`89~94_~._._.~,.~.~ __ _ _ K-'1 w.. - ~ _ __ _ ,~i r_} the (o!!,>wingdesccil?ed~remises.to wit: --- _, EXHIBITHABIANDACOMPRISING ONEPAGE~ MADE A PART HEREOF BY. REFERENCE, MARKED AS j I BEING RERECORDED TO CORRECT LEGAL DESCRIPTION n~l;rdxr w•idi thr.r aFpurtrnanrr+. Dam: OCTOBER 7,•• 1993 D. MICHAEL CLARKS SUE CLARKS . STATE CAF. ..ID HO (:~~untr ~~f _~iDA , >`. '~ -I ;: ~:. ,. ;~ ~ C7n ihia . ••~~K'' .Lr~ ,~f _Q~BFA in thc,•r.rr..j 1993 IK•G~n• nu• ;• i 1 r THE UNDERSIGNED rn~r•rr~ I•ul•lic, ~`- ~~rcgnally ap{+e~rcd ,~ D. MICHAEL~LARKE AND~UE~.j,"RKF .uh•rnlv.I h~ rh~• rr nhui ~~:,i knna•n•or iy~cntirir•~~r,~, nu• ~~~ hr the tKnnn (.1 „h~~.c n,mu• i•1 /~RF inarutnhnt.:uda'ackrti~,yl,•,Ir:c,ltnm:•th:u _Zhcy__cccrurr.lthc.:mu•. n ~ i ` ~''~ LEGAL DESCRIPTION FO^.. 07~~ ~ ~~~~ 0~ . ;. .i i ' ,,• _. !}!HE PLAYGROUND ~. ~ • ` ~ : _;:i . ~ EXHIBIT A ~~ i ~~Q~a.~1,0 ; •'~• ~.~.• ; ,: `• ~:~ 11 parcel of • land being a portion o~ the SW 1 /4 SW 1 /4 of Section ~:.~.~ !~;~- ~,-~,17,=, T.3N., R.1E., B.M., Ada County, Idaho, said pAroel being ' • '•' is ~'•;";~ ~•~•; ~,.~, more :particularly doecribed •as follvWS: ' • '°t"'~ ~'~~~~'•}~"~17~18n19nandt20haT83Nas RCap=a~arBi~Si/t~daccountycoIdahot~saidtions •• . ,, , ' ~ :' 'r r' point boinq thQ REAL 8o2NT OF BEGINNING; ~ ~ • ;~,'~ •, ."thence, N, 0'00'07"E. 462.5S~feat along the west lino of swid •• .~ `,.~', .: ~••~.,9W,, 1 /4 of Section ~ 7 j ,.• .,.?~• •,• theiica, IQ.89'36'58"E. 893.•00 feat; ~•• -'~ Y thence, ~ N. 0' 03' 23 "w. 585.36 feet to a point of curve vn the ~• • south right-of-Way of I-84; •._ ~ `.•'~`• ~+•.~ ~ •.' thence along a curve to the left •45.18 filet, acid curve having •~ ~ ~•~ ~~~:•~ a delta of 2'34'53", a radius of 9,659.30 -feet, tangents of '• ~~ ~. :217.63 feat and along chord of 435.14 feet which bears , `' ' ~ ` N.87'.44' 04"E. to a •point of ending of • curve; •~, :?;'..;, thence Ieavinq ,said right-of-Way, S, 0'03'23"E. 1052.19 feet • •:+• • ~ ~r•. • "'.along the east Iine of swid• SW 1 /4 SW~ 1 /4 to the SE corner of • •S;.•. `~ 6aid; Sw. 1 /4 S~f 1 /4 of Section 17= ~;'".~'" : ~ ~~;;thence,'.S.89'36'S8"W. 1328.3C, feet to the REaL POINT OF ~,'~~'. "BEGINNING, said parcel containing 20.00 acres. • •Y~i" C• ..t. • ;. ,.-,`, SUBJECT 20: . ~ ..:.. ,~y,,~;, ~: :l~ny.,~rights-of-way of record or in use. • .. . . + ~ '' • ~~ .. ., ., .. -_ __~. n...y .,~ ... - ,._ .._- _ _....._ .. - _ _,._ _ _.. .. -- -_ -__ _. . _ ~~ .,r ~ • :.• t• •~ • ~ • . ! `' ~~. .1 A ' • •~ . _ ~. ~' '~~ ~ - '• ~ ~ , f , , . . ' , •G •. ... ~ `. .. ~ ~ . - ~ ~.. •' ' ' 1! ., 1&59VU(~?47 CORPORATION WARRANTY DEID For value received, The Playground, Inc., an Idaho corporation, the Grantor, a corporation duly organized and existing under the laws of the State of Idaho, does hereby grant, bargain, sell and convey unto the Ada County Highway District, a Body Politic and Corporate of tiae State of Idaho, whose address is 318 East 37th Street, Boise, Idaho 83714, the Grantee, the following descrbed premises located in Ada County, Idaho, to wit: See Exhibit "A" herewith attached for legal description, located in the Southwest 1/4 of Section 17, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, said parcel containing 34,619 square feet, more or less. TO HAVE AND TO HOLD the said premises with their appurtenances unto the said Grantee, its heirs and assigns forever. And the said Grantors do hereby covenant to and with _~. -- _. -----~ ._ _:_~t1a~.~rtte'~t t~rre€~in~f-sim l~pf sai~k,premises t]}at~~ r 4~~~ .. ,~ _ -~ - _ree roin~ ~ "eneuri~ rances ~ancl=fi - t they- wi]I warranf :and defend the same- from aCl ~au~~ul _ .... ._ ,4 _ _ ... ~ -- -~ _ ~-,_. -_ .~ -- -- Dated this Z ~ day of f'I/la/c ~,.. , 1995. r' . t • - - ... - ~ THE PLAYGROUND, INC., ~. ~..~,'s .. ;, • ~ ~,.;;;~,0 an Idaho corporation ~ C ~ ` ~ ~ Ada County Hlgfiway DTsltitf '' ' y tP '~ l By: Sue Clarke ~~d Its: President 1"E~ ~- - - „~.._ .. ;T OF RE~~~.~~.:.- ,. - s CORPORATION WARRANTY DEED - 1 MM~cC !571.02 03/23/95 1&~~f3UU74y A parcel of land situated in the SW 1/4 of Section 17, T.3N.. R1E.. B.M., Ada Cottaty, Idaho as shown on Record of Survey No. 2922 filed as Instrument No. 9406b902 is the Offices of the Ada Couary Recorder, more particularly described as follows: Commencing at the Southwest comer of said Section 17; thence along the West line of said Section 17 - North 0°00'07" East 4bZ.5S feet to a point; thence leaving the West line of said Section 17 and along a lint parallel with the South line of said Section 17 North 89°36'58" East 25.00 feet to THE POINT OF BEGTNNiNG: thence continuing . _.___.~ _ . _~..._ ~____ ____ _ _~. ~1orth 89°3f'S$" East?Q„~4~s.C3:3~.=a_p4int.. thence :al;on;g-~:li~..~. fact -1~-0~ ~ ~- _ ...~ .~.,,... .v ...... _:..-.•=...r~-.sr~=.~..or. rrs ..:~.rz....c iv .. f.r.., us., ..-......1.... ...........b .a..... 4........... _...,... --- --. _.... __. __, - _-- - _-_ _ _. ~ _- --~e+3th~FS°}-1 X28"-East- ~B. iS+ feat-ta a point, thence aiaag a 11ne ~3:~t1 ~ Noftti of and parallel with the South line of said Section 17 North 89°3b'S8" East 1263.25 feet to a point on the East line of the SW 1/4 of the SW 1/4 of said Section 17; thence along the East line of the SW 1/4 of the SW 1/4 of said Section 17 South 0°03'23" East 20.00 feet to a point; thence along a line 25.00 feet North of and parallel with the South line of said Section 17 South 89°36'58" West 1303.28 fcet to a point; thence along a line 25.00 feet East of and parallel with the West line of said Section l7 Notch 0°00'07" East 437.55 fat to ']~E POINT OF~F.GINN'ING. Said parcel contains 34,619 Sq. FL, more or less. L _ .~ k``~`o~' r~~G~ ~ ~ ~o 7~,'~' ctr t9 ~~• tU ~~ ~~~t A.'R ~' p EXHIBIT "A" TOTAL P.02 ~c~no JAMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary Shari Stiles, Planning Administrator Meridian City Hall Meridian, ID 83642 Re: Playground Subdivision Cross Access Easement Dear Shari: April 12, 1996 After discussing the matter of across-access easement from the Playground Subdivision to the unplatted parcel to the north, I am of the opinion that there is insufficient legal or technical basis to require the easement at this time. The fact that the RV Park is fully developed and the provision of across-access easement would require the removal of at least one developed RV space also tends to support this decision. Had we anticipated the construction of the Locust Grove overpass at the time of the original conditional use review, we would have required the easement. However, I believe to require it at this time is unreasonable. Services Supervisor cc: Chron. Project File Traffic Services ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 ~c~no JAMES E. BRUCE, President SHERRY R. HUBER, Vice Presiaent SUSAN S. EASTLAKE, Secretary November 10, 1995 TO: Tih~ Pl~yg~ot-.Inc. 1780 E. Overland Road Meridian, ID 83642 ~ E ;rte _ .w.:r.~' ' r y ~ =i~ FROM: Karen Gallagher, Coordina ~ ~ ~,~;,a Development Services Divis' °~ ~ • w ~~ •. ~>i ~' ,:, SUBJECT: PRELIMINARY PLAT- The Playground Overland e/o Locust Grove On November 8, 1995, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the Preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street im~~ovements 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 and 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 83714-6499 • Phone (208) 345-7680 November 10. 1995 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 Find 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. 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. KG cc: Development Services Chron John Edney Chuck Rinaldi Tealey's Land Surveying City of Meridian ADA COUNTY HIGHWAY DISTRICT Development Services Division Development Application Report Preliminary Plat -The Playground Overland east of Locust Grove The Playground is a 3-lot commercial subdivision for a golf driving range and a recreational vehicle park. The 20-acre site is located at the northeast corner of Overland Road and Locust Grove Road. This development is estimated to generate 1,600 additional vehicle trips per day. Roads impacted by development: Overland Road -Minor arterial with no pathway designation - Traffic count 7,046 on 7-12-95 Locust Grove Road -Local street with no pathway designation - No traffic count available ACRD Commission Date -November 8, 1995 - 7:00 p.m. o ~' 2 r~~ ~, s \~ ~, r~~... ~= ~ ~~~' + W i ~ s ~ ~. ~ `~ ~ U ~ ~.v Q. ~ •:~~ ~ ~, ~ =~ ~. ~ oy ~~ ~- '` ` i C.~ •- ;r t ~°° ,~ ,.W .~ ~~ ~ Q ~. , ~ . _ ~ , ~W~ ,.,~ I ~~ ^~ (`_ !' f ; t~ i f=~i . . ~~~ ;~ `: :. Z 0 i' ~~N •~ ~ ~ ~ v ! '~ ~~ . ~= ~ ~ <• , i ... ~ . ~" ~ ~ . i • . ~ 1 ' ~ ~~ :~ ~~ __. ._ a~o~ ~no~o isn~o~ ~~i 1 .t V Y n1 'S N ~ ~ s N ~` , 1 ~`~ a ~~ ~ ~ W ' Z t' :_ _.. ~ ~ n ~ ~ a~ - ' ,~ h ~dtlSld'~dS ` ~~M i O - N -= ~ ~ Z~ H ~ N 01~1~ N ~ '~ D W ~ G~ G C N Q Z ~ a v ~. o+ ~ ~ i ... ~ R W = C I- a r { A ~ W t N h ~ a •• 3A' . ~ ~ ~ ~ ~~ v -~ ~, ~~, ~~ ~ ~ = r , ; r- `s ~r ~ ~ ~,~1 ~ Ll ~ ~t..JJ i ~ • ;, 1 .,h / r\~'1• ~ ~- • ~- oy • ~~ Q ~ ~ ~ ~ I ;r ~ ]M ] ~w .w I. VI '~ ~. 1 . w ~ ~ r ~.. ~ ` ~ ~~ • ~ ~ ~ i ~; ~ .; .. i f , ~ ` t ;~ i i ~' t ,. Z O j; • - _.~ % ~ o ~' ~ s \ . \ ~ f/ ,1 ~ ~ ~~ ~ ~~ ~/ ~~\'~ ,, ~~: . „ .i4 /~ / ~.wv ' ,~~ rE , ~ ' • i~. I I . I ~ ~~/ Ir 4 <<, ,_, .~ ~~~..~ C , I ^._R,~,~, I I~ wY~: ~ ~ ~VI I M I 1-~il~~~~ -'~ ~, ~ s ~ ~-- z i ~. ~ ' f. ,' '` J ~ , ~ ~ • ~ i ~ ~ ' ~ ~, W • '~ ~• ul ' - Z ~;_ •~ • ~ ~ ~ ~ ~ ~ ~ as - r NQ t1SldgdS , . J.dM ~ _ ~ I ~ N N 1O Z~ ~' ej1 t.! ' a v ' °' Q " ' ~ ~ t ~ ` .V ,s ' .r i ~ c ~ r n ~ n.. .. ~ ~ /1 ,r. { ~ ~ W ~p t a t ~ ~ N ~ `..~ V ~ ~ ~ _ _ '3A' 0 = e ~ ~ j ~> n ~ ~ ~ ~ ~ o 0- ~ ~L~ ~ ~W m Q fl y~~~Za y~ ~ ; A c ~ `F4 a 1 1Y ~ ZQO Y ~~ ~ = s ~~ ~]>o. --- ~~~ ~ ~ ~1yM a1~14.A]T1r31 t ~~ t t a t ~Y~~x~b= g~fIF~Y> ~~rYr.~~g~~~~~Es~ ~i ~ ,~;~i • Y I Y O D D 11 s O f O 1 , ~ I I ~~1 ~~w.a ufan .w w.a.n 'L1 ~oLL]E V/~ •f ~ ~ wi w A wDIIW 4015W~9f1S ~~.It7M'JArld !0 1Pid .l'dv\UIrt38d a 3 w A Facts and Findings: A. General Information C-G -Zoning 3 -Lots 20.00 -Acres 286 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Zone Near rural -Impact Fee Assessment District Overland Road Minor arterial with no pathway Traffic count 7,046 on 7-12-95 1,280-feet of frontage 70-feet existing right-of--way (45-feet north of centerline) 90-feet required right-of--way (45-feet from centerline) Overland Road is improved with 26-feet of pavement with no curb, gutter or sidewalk. i .ncu~t Grove Road Local street with no pathway designation No traffic count available 420-feet of frontage 70-feet existing right-of--way (45-feet east of centerline) 90-feet required right-of--way (45-feet from centerline) Locust Grove Road is a section line road that is improved with 24-feet of paving. The new Meridian Comprehensive plan indicates that Locust Grove Road will eventually cross over the Interstate 84, and staff recommends that adequate right-of--way be acquired. The bridge for Locust Grove over Interstate 84 will probably begin a grade separation at the site's north boundary, complicating access to Locust Grove for the abutting parcel to the north. The site has already developed an RV park abutting Locust Grove Road and the site's north boundary. Staff suggests that the applicant consider a shared access to Locust Grove Road for both parcels. B. Interstate 84 is under the jurisdiction of Idaho Transportation Department (ITD). The developer is required to submit application materials to ITD for review and requirements of that Department. Contact District III Traffic Engineer Gary Moles at 334-8340. PLAYGROU. WPD Page 2 C. The District approved the development proposal for The Playground on Apri120, 1994. The proposal included an RV park, a 36-hole miniature golf course, convenience store, office space, and snack bar. The site is presently developed with a recreational vehicle park and a golf driving range. D. Two 32-foot wide paved driveways have been constructed on the site as approved in the previous development approval.. However, the driveways were not improved with pavement tapers with 15-foot radii to allow vehicles a smoother transition from Overland Road to the site. Staff recommends that the pavement tapers be required. E. In accordance with District policy, staff recommends that the applicant be required to deposit to the Public Rights-of--Way Trust Fund the cost of constructing 435-feet of 5-foot wide concrete sidewalk on Overland Road abutting the parcel. These improvements are estimated to cost a total of $3,700. The applicant has already made deposits to the Public Rights-of--Way Road Trust Fund for sidewalk abutting the site on Locust Grove Road and 845-feet of sidewalk on Overland Road. The preliminary plat includes 435 additional feet of frontage on Overland Road that the previous development review did not include. F. The applicant has submitted a copy of a warranty deed #95025407 recorded March 28, 1995, for 20 additional feet of right-of--way on Overland Road and Locust Grove Road, as required in the previous development review. G. The transportation system will be adequate to accommodate additional traffic generated by this proposed development. H. This application is scheduled for a public hearing by the Meridian Planning and Zoning Commission on November I4 , 1995. The following requirements are provided to the City of Meridian as conditions for approval: Site Specific Requirements: 1. Comply with requirements of ITD for Interstate 84 frontage. Submit to the District a letter from ITD regarding said requirements prior to issuance of building permit (or other required permits). Contact District III Traffic Engineer Gary Moles at 334-8340. PLAYGROU. WPD Page 3 2. Provide a $3,700 deposit to the Public Rights-of--Way Trust Fund at the District for the required street improvements of 435-feet of 5-foot wide concrete sidewalk on Overland Road abutting the parcel prior to issuance of building permit (or other required permits). 3. With the exception of the two previously approved, existing driveways, direct lot or parcel access to Overland Road is prohibited, in compliance with District policy. Lot access restrictions shall be stated on the final plat. 4. Construct 15-foot radii pavement tapers on the two existing driveways on Overland Road, as previously required. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the Development Services Supervisor. The request shall ~pecificall,~ id n i each r~uirement to be reconsidered and include a written explanation of wh~such a requirement would result in a Substantial hardship or inequity. Requests received prior to the date scheduled for Commission action shall be rescheduled for discussion with the Commission on the next available meeting agenda. 2. A request for an appeal of the Commission's action shall be made in writing to the Development Services Supervisor within 15 calendar davs of the action and shall include a minimum fee of $110.00. The appeal will be scheduled to be heazd by the Commission within 20 calendar days after receipt. Thy req c for ~pneal shall specifically identi each gquirement to be reconsidered and include a written expla ation of why such a requirement wnnlc~ r .Solt in a s ohs antial hands ip or >neUUity. 3. Aright-of--way permit must be obtained from ACHD for any street or utility construction within the public right-of--way. Utility cuts should be combined where practical to limit pavement damage. tili ~ street cuts in roads paved within the last five years will not be allowed unless ~,pnroved by the District ('o mission. Contact Construction Services at 345- 7667 (with file number) for details. 4. Submit site drainage plans and calculations for review and appropriate action by ACRD prior to issuance of building permit (or other required permits). The proposed drainage system shall retain all storm water on-site and shall conform to the requirements of Meridian. Public street drainage facilities shall be located in the public right-of--way or in a common lot owned by a homeowners association set aside specifically for that use. There shall be no PLAYGROU. WPD Page 4 trees, fences, bushes, sheds, or other valuable amenities placed in said easement. Drainage lots and their use restrictions shall be noted on the plat (when applicable). 5. Locate driveway curb cuts a minimum of 5-feet from the side lot property lines when driveways are not being shared with the adjacent property. 6. Construct pedestrian ramps on the corner of all street intersection in compliance with Idaho Code, Section 40-1335. 7. Dedicate up to a 20-foot x 20-foot right-of way triangle (or appropriate curve) to keep street improvements within the public right-of--way at all intersections abutting and/or within the development prior to issuance of building permit (or other required permits). 8. Continue existing irrigation and drainage systems across parcel. 9. Continue borrow ditch drainage abutting parcel. (culvert may be required). 10. Provide written approval from the appropriate irrigation/drainage district authorizing storm runoff into their system. 11. If street improvements are required, locate obstructions (utility facilities, irrigation and drainage ditches and appurtenances, etc.) outside of the public right-of--way. Authorization for relocations shall be obtained from the appropriate entity. If determined by the District, existing irrigation facilities may remain in the right-of--way with District review and approval of easements recorded for future relocation at a later date. 12. Locate proposed sign(s) out of the public right-of--way and out of the clear-vision sight- triangle of all street and driveway intersections. 13. 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 accessible to the motoring public. 14. The developer is required to install street name signs at the locations approved by the Ada County Highway District. Purchase street name signs, sign poles, and mounting hardware from ACHD's Traffic Operations Department or an approved outside supplier. The District will not manufacture street signs until a copy of the recorded plat showing the recording data has been provided to Development Services staff. 15. Provide a clear vision sight triangle at all street intersections. Within this triangle no obstruction higher than 36-inches above the top of pavement will be allowed, including PLAYGROU. WPD Page 5 landscaping, berms, fences, walls or shrubs. The triangle shall be defined by the long leg measured down the centerline of any collector 350-feet; and the short leg measured down the centerline from the collector street curb line 20-feet. Provide notes on the plat and street construction plans of these restrictions. 16. Submit three sets of street construction plans to the District for review and appropriate action. 17. Provide design data for proposed access to public streets for review and appropriate action by ACRD. 18. All public streets and drainage systems shall be designed and constructed in conformance with District standards and policies. 19. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACRD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 20. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 21. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. Should you have any questions or comments, please contact the Development Services Division at 345-7662. 1~atP of (:nmmitsion Auproval: NOV 0 8 199 PLAYGROU. WPD Page 6 DEC - ~ i~'~~4 CITY ~F ~~~~IA~~ 'lla~ayuc & 'nlentdiaoc Tug ~~aduct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 6 December 1994 Michael and Sue Clarke 4098 North Jullion Boise, Idaho 83704 SENT VIA FAX TO 323-0717 Re: The Playground Dear Mr. and Mrs. Clarke: Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 - ORIGINAL HAND DELIVERED The inspection of the uncovered portion of the pipe in the Hunter Lateral through The Playground revealed several problems. The grading of the pipe line is very inconsistent. It looks as if the existing bottom of the lateral was used. The pipe line has several bands where the gasket is showing. At least one bell end is damaged and will cause problems if it is not replaced or fixed. Because we have so many concerns with the portion of the pipe line that is uncovered, we are requesting that the entire pipe line be exposed for inspection before the work continues. Inspections will need to be made when the work resumes. Sincerely, Bill Henson Assistant Water Superintendent pc: Each Director Secretary of the Board District Water Superintendent Daniel Steenson John Sharp ,7. 57. Howard Engineering and Surveying y of Meridian Rider 4 File APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 ~~r: ~ ~~ a ~~ ~~¢w 1 ? 1~ya Ci~Y (3~ ~r~f~ ~~~r~~ ~, . !, • 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 8 December 1994 Michael and Sue Clarke 4098 North Jullion Boise, Idaho 83704 SENT VIA FAX TO 323-0717 Re: The Playground OFFICE: Nampa 466-7861 Boise 343.1884 SHOP: Nampa 466-0663 Boise 345-2431 Dear Mr. and Mrs. Clarke: The letter is to follow-up the letter of 6 December 1994 written by Assistant Water Superintendent, Bill Henson. Your construction in the field and your installation of materials are not consistent with your plan r aemwlo ee vwhoe was laying mthe 1994 when Bill Henson, Brad (y P Y pipe), and I did an on-site inspection. You are changing ehafter the HunterhLaterallcrosses OverlandaRoade invert of the pip The pipe is not being laid according to manufacture's recommenda- tions (grading, bedding, compaction, etc.) The pipe line is not being laid in a consistent grade line as it is being laid in th u hout nd causes me great concern tas to whether down effect thro g the pipe will ever carry the total flow. For load bearing reasons, a minimum of one foot of cover above the top of the pipe at grade with the surrounding land is required by Nampa & Meridian Irrigation District. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS ~ 23,000 BOISE PROJECT RIGHTS 40,000 8 December 1994 Michael and Sue Clarke Page 2 i e line crossing through the grove of I am concerned about the p p oin to have trees midway in your project. I feel that we are g g maintenance problems caused by tree roots that will grewtonbuckle pipe and by the root systems that could cause the p p and heave in the near fut}ceeto refer to Exhibi Drparagraph Clunder Agreement if you would li special conditions. I feel that to remedy this situation, the pipe that you have laid will have to be completely removed from the ground. The surface on which the pipe is to be placed co tYde P Pe bl ne aded in a manner so that the flow is not affected by Please contact me as soon as possible so that we can get this matter resolved so that we will not ha andpsobthat we do not operations and maintenance of our facility to meet on interrupt your deco ndmorthere at the Distri tas shopy " site at The Playg Sincerely, John P. Anderson District Water Superintendent pc: Each Director Secretary of the Board Daniel Steenson John Sharp Bi 1 Henson ity of Meridian J. J. Howard Engineering File APR-12-1996 11 59 FROM JIM JONES TO JtM JONES & ASSOCIATES Attorneys at Law 1276 Shoreiine Lane Boise, Idaho 83702-687'0 Jim Jones Bois (208) 385-900 April 12, 1996 Vga Fas To: 887-4833 Shari Stiles Planning & Zoning Administrator city of Merdidian 33 East Idaho Meridian, ID 83642 Re: Playground, Inc./CESCO Dear Shari: 8874813 r.bli~c John AAcCreedy Fu: (208) 385-9599 would you please Pax to me the Findings o~ Fact anti Conclusions of Law adopted by the Meridian City Council for the annexation and zoning of the Playground, Inc. property. Those Findings and Conclusions are referenced in a memorandum from you to the Planning & Zoning Commission dated November 13, 1995 (attached). Thank you. sincerely, McCreedy JCM/tg ce Mark Canfield APR 12 '96 12 02 2083859599 PAGE.01 _ Z089390211-~ 208 887 4816:~ 1 -- 4-10-95 10~49AM ; SENT BY~James GiPSOn Assoc Poablt° brand fax transmittal memo 7671 )iREeTioNs gNpRp80000IN rOrLARB P S10-N.E. Clon• 41 P. This poplar is called Androstoggin H. Makimowiczii N.P. Trichocarpa. This is the bast of the 4 tYPe• th~very have had here. The leaves oh the growing tips ar• quite large. pretty, and densely set. It is a shade type and should reach 40 feet wid• by the time it maturR~ at 4Q-'O feet. It also works well for screening .nd wind breaks as the foliage is so densely met. REMOVING THE TREE FROM THE PQT. Wet the soil well in the ,~ugc bafore cutting down two sides and rwmovino the coil and the tree. SITE PREPARATION. The best is to till the soil to a depth of 6 inches to loosen it up for easiQr root penetration. For better water retention mix peat moss with your soil. The spruce need more of the peat moss than the poplars. These babies will grow right out of a tree 2yinq on the ground for some times so qiv them a lot of that kind of soil . Fertilizer can then be added ~ut' r1 of 'For 'Hi a s~ru ~e . Dig thQ hole about 10 inches deep and about a foot wide, fill it half full of water and put the fertilizer in along with soma dirt mixture co that the tree will be at the samta level it is in the pots ar lower. Thiz way the f^rtiliaer is spread around and water is available to the roots immediately. WATERING. For the first couple of days it would bit a good idea to water every day. If the leaves start falling off or turning yellow it would indicate water is nsoded. Thereafter, watering 2-3 tim4c a week would be advisable on hot days especially it the soil does not hold water very well. FERTILIZER. Depending on the richnema of the coil there may be no fur- ther Hued to add nutrients, but don't count on it! In fact, if you do not plan to fertilize don't buy the poplars. Another way to fertilize (foliar feeding) is to spray the leaves with te~rtilizer and water. Fish emul$ion can b® used as well as tho granules. There is a holding far that can be attached to the garden hose to dispense the f~rrtiliaer. Th• fertilizer combination to look for is 10-3-3 for the poplars. The spruce wi II neod 10-6-~, but only as a -~P dressing,nofi filled ~n would be better. The poplars need about as much nutrient$ as corn' and grew about as fast. It would be a good idea to use manure to mix in with the soil as it slow-relQases nutrients and helps to hold tha moisture. NO COMRETINO GROWTH. In a diameter of 3 feet around the tree there can NOT be any eompetin® growth for the first FULL year that you have them for the poplars. The spruce are not so fussy, but it would bQ a good idea to limit the growth around thQm. EXPECTED GROWTH. The QxpQCted growth for th4 AndroecopQine is at 1Qaet 6 inches/week when thQ roots are established. If they are not doing that they either need mare water or more fertilizer, or competing ®rowth (as mentioned above) bett®r kept under control. APR 10 '95 10 48 2089390211 PAGE.01 _ 2089390211-~ 208 887 4S1.S; ~ t SENT BY~James GiPSOn Rssoc : 4-10-95 10~g9RM •` l t ~l `n, l , ] ~ ~[ j,j 8/ CASEY RDAD . NEYYPORT~ MI~SM~IGTO~ ~6 509-44?-44e1 pREgENTIN6 ANQRD8C098IN POPS-AR FAST 9ROWIN6~ 6_22 foot PQr Yoar or at 1Qaat 6 inchoc PQ~ean-~rid brown gEAUTIF1~e With very lush (dense) growth of shiny dark q ton tips) diamond shapQd leaves 2-8 inches wide. ~YI_pEt For screening, shads, •nd yard beautification. The Closer placement means mature width is 40 fast •nd height is SO feet. a quiCkllr fillih~ rnotsr do n terisQato theocurTaceencausinghtroubla in DEEP R~TEDe T baby trees. lawns and gardQns tthey are not to ba sasn), and sprouting EXCEEDS COIdVENTI0~IAL TREEgOfertiii:wdespects in size, in looks, in don- sity, providing it is well A 3 ~~*~#~~*~~*****~***~*#~~#*~~~**~** Conventional t R ++ Androscoggin Poplar 30 ~5 40 FEET ~ 10 iS 20 2S I' ~• •}. wry , ,w~ •+ ~ ~ ~ t' • APR 10 '95 10 49 2089390211 PAGE.02 10 YEARS OLD 3 1/2 MONTHS OLD CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT •• DISTRICT Environmental Health Division EA ~~ ~ _ ; ,~ return to: L ^ Boise DEPARTMENT ~~` ~ e i~Zv ^ g Ea le Rezone # ;~ L ; -^ Garden city Conditional Use # ^ Kuna Prelimina /Final /Short Plat 7f{z.--- P~'Y c~~oJ^'~ Sv.(,~ir/iJia-~..1 ^ ACZ ^ I. We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ~, central sewage ^ community sewage system ^ community water well ^ interim sewage `central water ^ individual sewage ^ individual water ®' 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: .icecentral sewage ^ community sewage system ^ community water ^ sewage dry lines J~ central water 10. Street Runoff is not to create a mosquito breeding problem. ^ I I. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection ^ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 14. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ~ /a- ~ ~ ~ 15. Date: / / .S~TU/1.i1 !.r/iH~Ft /~I/4i//f'~'.yErfi' G1'/ i'~Y//t- /S Reviewed By: ~ ~-i77~G/f;cn . Review Sheet CDHD ID/91 rcb, rev. 1195 CENTRAL •• DISTRICT ''1~'HFALTH DEPARTMENT Rezone # CEN fRAL DISTRICT HEALTH DEPARTMENT ~. ~~ Environmental Health Division ° r ~'~"~~~ F~~ ' ~ Retuirr to: '~ '~"~ Boise T'~i~~e.~~81e ^ Garden city ~'~"leridian (. 4 ~~~~~~~ Conditional Preliminarvf rt Plat ~Z P~-y Gr2.xNLa SU~jI>%G/l~3/y.../ ^ Kuna ^ Acz ^ I. We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: j~'central sewage ^ community sewage system ^ community water well ^ interim sewage ~ central water ^ individual sewage ^ individual water ,®' 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ~ central sewage ^ community sewage system ^ community water ^ sewage dry lines ~-central water .~- 10. Street Runoff is not to create a mosquito breeding problem. ^ II ^ 12. Stormwater disposal systems shall be reviewed by relative to: ^ Wasce Disposal ^ Injection Well rules. ^ Groundwater Protection This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 14. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store 15. Date: _L/ 2 ~ / `~ „S i :~~ry ~~t-i~~<' ,~1.~-n1~~ r~~-r~T ~~ii~ri.9- /5 Reviewed By: "- -~ ~~ CDND 10191 «b, ~e~. v9s Review Sheet TH ENT MAIN OFFICE • 107 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. 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) GUIDELINES FOR TREATMENT AND DISPOSAL OF STORMWATER RUN OFF. Idaho Division of Environmental Quality, Southwest Idaho Regional Office, September 1995. 2) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 1992. 3) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR. STORMWATER AND SITE DRAINAGE MANAGEMENT. Sensing Valley, Elmore, Boise and Ada Counties CENTRAL •• DISTRICT WHEAL DEPARTM Ada /Boise County Office WIC Base • Meridian Eimae Garrity Office Elmore Cowriy Office Valley County Office 107 N. Arrnstrorg PI. 1606 Roberts 520 E. 8th Sheet N. of EnYaarmental Heafih P.O. Box 1448 Boris, ID. 63104 Bose, ID. Mountain Hone, ID. 190 S. 4th Street E. McCall, ID. 83638 Enviro. Health: 321-7499 83705 Ph. 334.3355 83647 Ph. 587-4407 Mountcin Home. ID. Ph. 634-7194 Family Planning: 321-1400 324 Meriden, tD. 83647 Ph. 587-9225 Immun¢ations: 327.7450 83642 Ph. 888fi525 Nutrition: 321.7460 WIC: 321-7488 CENTRAL •• DISTRICT `~'~'HEALTH DEPARTMENT MAIN OFFICE •101 N. ARMSTRONG PL • BCISE. ID. 83704-0815 •(108) 375.5211 . F AX 321. To pr+ee-eret and~tr+ent decease and disability; to promote healthy Iifatytex and to protect and romote the health aced uali o .our p 4 hl f enviromm~ STORMWATER 11~IAl~TAGEMEiVT RECONIl1~i~1DATIONS We recommend that the fust 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 stotmwater 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 19892 2) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT 3) CALIFOR~~TIA 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 anti Flood Control District, Denver, Colorado Serving Valley, ELnone, Boils. and Ada Counties Aao / IaN carter 01lea WIC tos• • eweaou emon camp Ota B~noa Cawf- Osa YaNp covey Ora X07 K M~oa+q a ieoe aoo«-~. s~oE ensr.uK atn•remw~aeeaarn va eor ue eo... a un~s goer. n. ea7os -Wowan-rom.. a wo s u~ sreM E AkCa~. a uaw B+tio. Fwde ]tl•)499 DN. )31•J~SS aJ617 PR Stl-N0l hlo~n~on Fb~rr. ~. R- 6SF7141 FCm1p PIpMn¢ a27•lam J21 ~Mnotorl AQ 6J611 Rl 51I4?13 hmr+aollorlc ~27•)lS0 AMidan. a. 6J012 Mihrfort.>?I•IrdO At ~d545 ® 'MC. ~I.7~ . CENTRAL IQECEIVEO •• DISTRICT (~u~ /~ ~~(~ APR 1 7 1997 __~~~~~~ ffD11EPA/R~TMENTf 1 MAIN OFFICE • 701 N. ARMSTRONG Pl. • 501SE. ID 837tk 3~b~~~27-%~„i To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and proneote flee Health and quality of our environmeeu. 97-258 April 16, 1997 David Navarro Ada County Recorder. 650 Main Street Boise, ID 83702 RE : Playground Stzbdi vi s ion Dear Mr. Navarro: Central District Health Department, Environmental Health Division has reviewed and do approve and lift sanitary restrictions on Lot 1, Block 1 for central water and central sewer facilities. Final approval was given on April 16, 1997. No lot size may be reduced without prior approval of the health authority. If you, have any questions please call. Sincerely, Michael H. Reno, E.H.S. Environmental Health Specialist cc: Tom. Turco, Environmental Health Director Martin O. Jones, Environmental Health Supervisor Tom Schmalz, Sr. Environmental Health Specialist HUD City of Meridian The Playground, Inc. Tealeys Land Surveying Serving Palley, Elmore, Boise, and Ada Counties Ada /Boise County Office 707 N. Armsrong PI. Boise, ID 83704 Enviro. Health: 327-7499 Family Planning: 327-7400 Immunizations: 327-7450 Senior Nutrition: 327-7460 WIC: 327-7488 FAX: 327-8500 Ada-WIC Satellite Office 1606 Roberts Boise, ID 83705 Ph. 334-3355 FAX: 334-3355 Elmore County Office 520 E. 8th Street N. Mountain Home. ID 83647 Enviro. Health: 587-3521 Family Health: 587-4407 WIC: 587-4409 FAX: 587-3521 Valley County Office 703 N. 1st Street P.O. Box 1448 McCall, ID. 83638 Ph. 634-7194 FAX: 634-2174 i«1 CENTRAL •• DISTRICT HEALTH DEPARTMENT To prevent and treat disease and disability; 96-101 March 13, 1996 Mr. David Navarro Ada County Recorder 650 Main Street Boise, ID 83702 MAIN OFFICE • 107 N. ARMSTRONG Pl. • BOISE, ID 83704-0825 • (208) 315-5211 • FAX 327-8500 to promote healthy lifestyles; and to protect and promote the health and quality of our environment. RE: PLAYGROUND SUBDIVISION Dear Mr. Navarro: iM ~~ ~ ~! ~~.~? Cdr ~F ~~3~ a. Central District Health has reviewed this subdivision plat and will have sanitary restrictions retained on Lot 1, Block 1, until adequate sewage and water facilities can be provided on this lot. Lots 2 and 3 have satisfied the sewage and water service requirements, therefore sanitary restrictions are hereby removed for these two lots. Central District Health Department does approve this subdivision this day, March'12, 1996, with the restrictions stated in this letter. No lot size may be reduced without prior approval of the health authority. If yotr•have any question, please call 327-7499. Sincerely, _~~,~ ~' Thomas E. Schmalz, E.H.S. Senior Environmental Health Specialist cc Tom Turco, Director of Environmental Health Martin O. Jones, Supervisor of Environmental Health HUD City of Meridian The Playground, Inc. Tealys Land Surveying. dly Serving Palley, Elmore, Boise, and Ada Counties ADA / BOISE COUNTY OFFICE 701 N. Amutrong Place Boise, ID 83704-0825 Ph. 315-5211 ELMORE COUNTY OFFICE 520 E. 8th Street North Mountain Fbme, ID 83647 Ph. 581.9225 VAU3:Y COUNTY OFFICE P.0. Box 1448 McCall, ID 83638 Ph. 634-7194 TEALEY'S LAND SURVEYING October 13, 1995 Meridian Planning and Zoning Commission 33 East Idaho Street Meridian Idaho 83642 RE: The Playground Subdivision Preliminary Plat Application Dear Members of the Commission: 109 South 4" Street Boise, Idaho 83702 (208) 385-0636 Fax (208) 385-0696 This is an application by the Playground, Inc., seeking approval of a three (3) lot commercial subdivision at the northeast corner of the intersection of Overland Road and Locust Grove Road. The site is in the southwest quarter of Section 17, Township 3 North, Range 1 East of the Boise Meridian, Meridian, Idaho. The site is presently developed with a recreational vehicle park and agolf-driving range. These uses were previously approved by the city of Meridian. It is the developer's intent at this time to subdivide the parcel into three (3) lots. One lot will contain the recreational vehicle park. One lot will contain the driving range. The third lot lays between these established uses. Development of this lot will meet conditions of approval previously established for this site. No new interior streets will be dedicated with this development. Additional right of way will be dedicated to the public along the Overland Road and Locust Grove Road frontages. Improvement to the rights of way will comply with the requirements of the Ada County Highway District. The site is served by Meridian City water and Meridian City sewer services. Both utilities have been extended within the site. Except the driving range lot, sewer service is available within the development. As stated previously, development of this parcel meets the provisions of the Meridian Zoning Ordinance. The preliminary plat has been prepared according to the Meridian Subdivision Ordinance. Development of this site meets the Meridian City Comprehensive Plan. In summary, this plat will create lots around two existing commercial uses reviewed and approved by the city of Meridian. A third lot will be created and its development will comply with the provisions of the earlier development plan and the applicable provisions of the Meridian 'Ihe Playgound Subdivision Project 1543 Ordinances. We ask that the Commission make a favorable recommendation to the City Council regazding this subdivision request. Respectfully, Patrick A Tealey Tealey's d Surv ' g y' Ted Hutchinson Land Use Consultant The Playgound Subdivision Projed 1545 November 28, 1995 TEALEY'S LAND SURVEYING Shari Stiles, Administrator Meridian Planning and Zoning 33 East Idaho Street Meridian, Idaho 83642 RE: Final Plat Application Dear Ms. Stiles: 109 South 4"' Street Boise, Idaho 83702 (208) 385-0636 Fax (208) 385-0696 This is the final plat application for the Playground Subdivision. Accompanying this application letter is the "Final Subdivision Plat Checklist". and the other required documents. This letter also addresses the items on the checklist. Regarding Item 1, thirty copies of the application form aze attached to this letter. A copy of the current deed showing ownership by The Playground, Incorporated is also attached (Item 2). The final plat conforms with the approved preliminary plat, including conditions of approval (Item 3). As required by City Ordinance, the final plat has been drafted in accordance with the provisions outlined therein (Item 4), and with acceptable engineering and surveying practices (Item 5). Attached is a copy of the Ada County Street Name Committee review sheet (Item 6). Regarding Item 7, the sewer services for Lots 2 and 3 were approved and installed after the approval of the Conditional Use Permit for the construction of the recreational vehicle park and the golf driving range. Lot 1, the golf driving range, has no sewer service at this time. Physical connection of Lot 1 to municipal sewer must come from another source, east of the site (Item 7). Item 8 requires thirty copies of the final plat at 1 " = 300'. Those copies are attached. Thirty copies of the final plat are also attached (Item 9). The copies contain the items on the checklist. Also attached to this letter is the final plat application fee of $30.00 (Item 10). As stated previously, the final plat was prepared in conformance with the approved preliminary plat. No substantial change has occurred between the preliminary plat and the final plat. We ask that this application before forwarded to the City Council with a positive recommendation. The Playground Final Plat Application 1545 -1- Thank you for considering this application. If you have questions or need additional information, please call. Respectfiilly, Patrick A Tealey Tealey's Land Surveying By /,,.~~ r~ Ted Hutchinson The Playgo~md Final Plat Application 1545 -2- April 15, 1996 Gary D. Smith, P.E. Meridian City Engineer 33 East Idaho Street Meridian, Idaho 83642 TEALEY'S LAND cos south a~ Street Boise, Idaho 8s~o2 SURVEYING (208) 385-os3s Fax (208) 385-0696 RE: The Playground Subdivision April 8, 1996 Comment Sheet Dear Mr. Smith: Thank you for your comments concerning the Playground Subdivision. We have reviewed your comments and offer the following: ~+- /~~ 1. Sheet # 1 (the plat) has been stamped, dated and signed by the land surveyor. ~~ ® Restrictive covenants have been submitted to the City for approval by the Council. r~ ~/Qw 3. The easement for the Cook's Lateral has been included on the face of the plat. ~, ,~~,4. A landscape easement (35 feet in width) has been added along Overland Road and along I- 84. 5. A letter from the Ada County Highway District should be in Ms. Stiles' possession, or it will be soon. 6. After speaking with Ms. Stiles, it is our understanding that the conditions of the development agreement are in order. Thank you for considering this additional information regarding the Playground Subdivision. If you have need of additional information, please let me know as soon as possible. Respectfully, Patrick A. Tealey Tealey's and Surveying y' ~~ Ted Hutchinson 'Ihe Playground Subdivision Project 1545 O Q O w O U O J OVERLAND ROAD THE PLAYGROUND ~1ERIDIAN, IDAI-10 JAMES GIPSON ASSOCIATES NO. 9~f~f0 4/6/g5 LANDSCAPE PLANTING PLAN (PROPOSED REVISION) AUTUMN PURPLE ASH I I/2" TO 3" CAL 10 RED SUNSET E SCHWENDLER MAPLE O HYBRID HONEY LOCUST ANDROSCOGGIN POPLAR FLOWERING PEAR FLOWERING PLUM AUSTRIAN PINE WESTERN WHITE PINE EXISTING TREE TO REMAIN 2" CAL Ib WHIP 20 I TO I I/2" CAL I~ 5 TO l' 3q JAMES GIPSON ASSOCIATES architecture planning 650 EAST STATE STREET, EAGLE, IDAHO 83616 phone (208) 939-0236 fax (208) 939-0211 April 11, 1995 Ms. Shari Stiles Planning & Zoning Administrator City of Meridian 33 East Idaho Avenue Meridian, ID 83642 Project No. 9440 "The Playground" Meridian, Idaho Dear Ms. Stiles This will slimmari~e and confirm our recent communications regarding this project. Your input and cooperation has been most helpful and greatly appreciated. The questions we have had have now been resolved in manners that should be very beneficial to the community, as well as this specific project. First, the ACRD requested that a deposit be made to the Road Trust Fund, rather than the walks be constructed at this time. This deposit has been made, in accordance with the ACRD request. Second, we have proposed a modification to the landscape plan originally approved. We believe that the revised plan is significantly better, as it provides for more perimeter screening and a variety of major interior trees, including flowering varieties. Understanding that you are in favor of the revised plan, we have indicated to the Owners that they may proceed with the revised planting; as you will understand, it is important to do this right away, to take advantage of favorable planting weather. We are very pleased to have these questions resolved, and appreciate your help in the matter. Very truly yours, J ES GIPSON ASSOCIATES A/-^'~~ Ja s Gipson AIA May 3, 1996 Sue Clarke Playground, Inc. 1780 E. Overland Road Meridian, ID 83642 887-9724 Re: Bonding For Improvements for P~Subdivision Dear Ms. Clarke The following improvements are required to be completed or bonded before the plat to be recorded will be signed. 2 street lights at the ACHD approved driveways/entrances @ $1500.00 each 35' of landscaping along F. Overland Road and along Interstate 84 - quote needed There was a question concerning sewer hook-up for Lot 1 as it is needing to drain to the east with a new sewer trunk line. After discussing this item with Ted Hutchinson, he pointed out the Health Certificate required from Central District Health before any hook-up would be allowed. Our City Engineer has stated sewer service for this lot must come from the east. Please be aware of this requirement for future development of this lot. If you have any questions, please contact me. Sincerely Will Berg City Clerk interoffice MEMORANDU M to: Shari Stiles cc: I•'I1~-The Playg~naund Subdivision from: Gary D. Smith, PE re: Final Plat -Signatures. date: Apri127, 1996 Shari: Here are two copies of correspondence I have concerning this project. I need information from you on Items 2,5,6 of the letter Ted Hutchinson sent to me on April 15, 1996 in response to my letter to him on April 8, 1996. 1. Status of City Council approval of the Restrictive Covenants. 2. A letter from ACRD addressing the need for access from the property to the north into the Playground Subd. 3. Have the applicant satisfied the conditions of the Development Agreement as Ted H. says they have? These guys are pressing me to get their plat signed so I would appreciate your response to these issues as soon as you can. Thanks/~ from the desk of... Gary D. Smith, PE Public Works Director City of Meridian 33 E. Idaho Meridian, Idaho 83642 208-881-2211 Fax:208-887-1247 or 208-881-4813 ~~ ~~ interoffice ~~T~ +~~ ~~.1RI~~R~d MEMORANDU M to: Mr. Will Berg, Jr. -City Clerk cc: File from: Gary D. Smith, PE re: The Playground Subd. - al Plat Signature date: Apri130, 1996 Will: Here is the mylar sheets no. l & 2 for this project. I have stamped and signed sheet no.2 as City Engineer approving the plat. I have talked with Shari about several issues involving the ACRD, Covenants and the Development Agreement. Shari is apparently comfortable with these issues. As a side-note, CESCO is entering into an agreement to purchase Lot 1, which is the driving range, and relocate their construction equipment dealership from Boise. I have asked their representatives what they intended to do for sewer for their administration building and they tell me Shari said they could sewer into the line provided for the R-V parking site.. I have talked to Shari about this and she tells me she did not tell CESCO that they could use this sewer line. This sewer line is not available for sewering anything more than a support building for the driving range operation. I have written a letter to the Clarkes so stating this. After you sign the plat I need to have a blueline print made of each sheet prior to returning it to the applicant. ~QG~ J ~' ~~'~ -- -~~itit.Gn.c~., ~2~ ~o~~j ~ L ~~l.f Gro 4~e. from the desk of... Garry D. Smith, PE Public Works Director City of Meridian 33 E. Idaho Meridian, Idaho 83642 208-887-2211 Fax: 208-881-1297 or 208-887-4813 OFFICIALS WILLit M G. BERG, Jr., Clty Clerk JANICE L. GABS, Ctty Treasurer GARY D. SMITH, P.E. Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Writs Watsr Supt. DENNIS J. SUMMERS, Perks Supt. SHARI S. STILES, P 62Adm. KENNETH W. BOWERS, Flre Chlef W. L "BILL" GORDON, PoI1Ce Chisf 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) 888433 • FAX (206) 887813 Public Works/ButWtttg Departmrnt (208)887-22I 1 GRANT P. KINGSFORD Mayor COUNgI MEMBERS RONALD R.TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 6 2 COMMISSION JIM JOHNSON, Chalrmart MOE ALIOJANI JIM SHEARER CHARUEROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8 Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: November 7. 1995 TRANSMITTAL DATE: 10/19/95 HEARING DATE: 11/14/95 REQUEST: Preliminary/Final Plat for The Playground Subdivison BY: The Plavaround Inc _~., ... ~.e~..s.. JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z -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.INEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: SUBDIVISION EVALUATION SHEET Proposed Development Named " Date Reviewed 10/ ~io~ City -p~g~18N Preliminary Stage ~- Engineer/Develo er .:~~S~CX3C Final P lealev'c ~ ~...t c. -__ - The Street name comments listed below are made by the me STREET NAME COMMITTEE tubers of the ADA COUNTY development in accordance wi __ a Bo se tCity Street Nadm County En ineer) re ardin - g g g this e Ordinance. rha f~u_---~- - The above street name comments have been read and approved representatives of the ADA COUNTY STREET NAME COMMITTEE. be secured by the representative or his designee in or by the following agency approved. der for the street names'9o beuofficiall t 1 ADA COUNTY STREET NAME COMMITTEE y ENCY R P SENTATIVES OR DESIGNEES Ada County Engineer John P*iester _ Ada Planning Assoc. date ~~ ?.lp i~ Terri Raven, /~.s, I City of Meridian Meridian Fire District Date C ~ Date /o Z SS~' NOTE: A co-Date _I '~ j Py of this evaluation sheet must be presented to the A C time of signing the "final plat", othe ' muse the plat will not be signed !!! ounty Engineer at the -____ Sub Index Street Index Section NUMBERING OF LOTS AND BLOCKS /d ~1/ ~/~ HUB OF TREASURE VALLEY WILLIAM G. BERG, JR., City Clerk A Good Place to Live RONALD R. TOLSMA JANICE L. GASS, City Treasurer t r vITY OF MERIDIAN MAX YERRINGTON BRUCE D. STUART, Wa er Works Supt. WALT W. MORROW JOHN r. sHAwcROFr, waste water supt. 33 EAST IDAHO DENNIS J. SUMMERS, Parks Supt. P & Z COMMISSION SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83642 PATTY A. WOLFKIEL, DMV Supervisor Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman KENNETH W. BOWERS, Fire Chief W.L. "BILL" CORDON, Police Chief Public WorksBuilding Depamnent (208) 887-2211 MOE ALIDJANI JIM SHEARER WAYNE G. CROOKSTON, JR., Attorney Motor Vehicle/Drivers License (208) 888-4-043 CHARLIE ROUNTREE TIM HEPPER GRANT P. KINGSFORD Mayor MEMORANDUM; November 9, 1995 UPDATED December 14, 1995 To: Mayor, City Council and Planning & Zoning From: Bruce Freckleton, Assistant to City Engineer Re: THE PLAYGROUND StJBDIVISiON (Preliminary/Final Plat - By The Playground Inc.) I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: GENERAL COMMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-6~S.M. The ditches to be piped are to be shown on the Preliminary Plat. Plans will need to be approved by the appropriate IrrigationlDrainage District, Lateral Users Association or Down Stream Users, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions, as prepared by a soil scientist, with the subdivision construction plans. 4. Submit copy of proposed restrictive covenants and/or deed restrictions for our review. 5. Provide 5 foot wide sidewalks in accordance with City Ordinance Section 11-9-6U6.B. 6. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. 7. Make any necessary mapping corrections to comply with the requirements of the Ada County Street Name Committee prior to resubmittal to the City. C: \W PW IN6p\GENERAL~PLAYGRND. P&Z Mayor, Council and P&Z December 14, 1995 Page 2 $. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 9. Submit a master street drainage plan, including the method of disposal & approval from the Ada County Highway District, and the affected irrigation/drainage district(s). The subdivision construction plans will ns2l be approved for construction by the City until all approvals are obtained. 10. Respond in writing, to the each of the comments contained in this memorandum, and submit with the revised Preliminary Plat Map to the City Clerks Office. SITE SPECIFIC COMMENT -PRELIMINARY PLAT 1. Sanitary Sewer service to this site is divided between two different drainage areas. The Hunter Lateral which traverses through Lot 3, Block 1 is more or less the dividing line. Service for the drainage area west of the Hunter Lateral will be via existing sewer mains installed as part of the development of the R.V. Park. Service for the drainage area east of the Hunter Lateral will be via an extension of a future main line that is proposed as Phase IT of the Five Mile Creek Sewer ,Trunk being constructed towards St. Lukes. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 2. Water service to this site will be via an extension of the existing 12 inch diameter main in East Overland Rd. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 3. Revise the Preliminary Plat Map to show ~ adjacent land use and existing zoning of properties surrounding the proposed development, including existing or approved proposed streets and lots, and addressing all other comments contained herein. Resubmit the Preliminary Plat with the revisions. 4. 100 watt high pressure sodium street lights will be required at locations designated by the Meridian Public Works Department. All street lights shall be installed, at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 5. Applicant shall provide a statement as to who the ownership, and operation and maintenance of the pressurized irrigation system is to be with. C:\WPWIN60\GENERAL\PLAYGRND. P&.Z Mayor, Council and P&Z December 14, 1995 Page 3 FINAL PLAT 1. Please revise the Final Plat map to show the Nampa & Meridian Irrigation District requested easement for the Hunter Lateral. The easement shall. be 40 feet in width, centered over the existing pipeline. 2. Complete the execution of the Certificate of Owner's along with the accompanying Acknowledgement. 3. Complete the Certification for the Land Surveyor preparing the Final Plat map. 4. Add the text 1 /4 Corner and SW Corner Section 17 to their applicable locations on the Final Plat Map. 5. Add the symbol fora 5/8" Iron Pin adjacent to the Initial Point on the east line of Section 17, as described in the legal description -Certificate of Owner's. 6. Please add or revise the following Final Plat Notes: 2. ...time of resubdivision, or as allowed by Conditional Use. 7. Responsibility for all drainage and/or irrigation facilities outside of the public right-of--way is held with the lot owner on whose land said facilities are located, unless such responsibility is assumed by an irrigation/drainage district. 8. Bottom elevation of building footings shall be placed a minimum of 12 inches above the highest established seasonal high ground water elevation. 7. Revise the domestic water service origin note in the Certificate of Owner's as follows: ...receive services from the City of Meridian's Municipal Water System, and the City of Meridian has agreed... 8. On July 19th, 1995 a fire hydrant was flow tested in the vicinity of this proposed subdivision for the purpose of determining the availability of water for fire protection. A calculated flow of 1700 GPM was recorded at the minimum mainline residual pressure of 20 PSI. Fire flows for any proposed structures within this development will be determined by the Meridian I+Sre Department during the building plan review process. C: \ W PW IN60\GENERAL\PLA YGRND. P&Z HUB OF TREASURE VALLEY WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chfaf W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Pubiic WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 GRANT P. KINGSFORD Mayor MEMORANDUM: To: Mayor, City Council and Planning & Zoning From: Bruce Freckleton, Assistant to City Engineer Re: THE PLAYGROUND SUBDIVISION (Preliminary/Final Plat - By The Playground Inc.) GOUNGIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & 2 COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER November 9, 1995 I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: GENERAL COMMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped are to be shown on the Preliminary Plat. Plans will need to be approved by the appropriate Irrigation/Drainage District, Lateral Users Association or Down Stream Users, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions, as prepared by a soil scientist, with the subdivision construction plans. 4. Submit copy of proposed restrictive covenants and/or deed restrictions for our review. 5. Provide 5 foot wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 6. Water service to this development is c~tingent upon positive results from a hydraulic analysis by our computer model. 7. Make any necessary mapping corrections to comply with the requirements of the Ada County Street Name Committee prior to resubmittal to the City. C:\W PW IN60\GBNERAL\PIA YGRND.P&Z Mayor, Council and P&Z November 9, 1995 Page 2 8. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 9. Submit a master street drainage plan, including the method of disposal & approval from the Ada County Highway District, and the affected irrigation/drainage district(s). The subdivision construction plans will ~ be approved for construction by the City until ~1 approvals aze obtained. 10. Respond in writing, to the each of the comments contained in this memorandum, and submit with the revised Preliminary Plat Map to the City Clerks Office. SITE SPECIFIC COMMENTS - P LIMINARY PLAT 1. Sanitary Sewer service to this site is divided between two different drainage areas. The Hunter Lateral which traverses through Lot 3, Block 1 is more or less the dividing line. Service for the drainage azea west of the Hunter Lateral will be via existing sewer mains installed as part of the development of the R.V. Park. Service for the drainage area east of the Hunter Lateral will be via an extension of a future main line that is proposed as Phase II of the Five Mile Creek Sewer Trunk being constructed towards St. Lukes. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes aze to be provided to keep the sewer lines on the south and west sides of the centerline. 2. Water service to this site will be via an extension of the existing 12 inch diameter main in East Overland Rd. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 3. Revise the Preliminary Plat Map to show ~1 adjacent land use and existing zoning of properties surrounding the proposed development, including existing or approved proposed streets and lots, and addressing all other comments contained herein. Resubmit the Preliminary Plat with the revisions. 4. 100 watt high pressure sodium street lights will be required at locations designated by the Meridian Public Works Department. All street lights shall be installed, at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 5. Applicant shall provide a statement as to who the ownership, and operation and maintenance of the pressurized irrigation system is to be with. C: \ W PW IN60\GENERAL\PLAYGRND. P&Z Mayor, Council and P&Z November 9, 1995 Page 3 FINAL PLAT 1. Please submit the final plat for review and comment. C: \W PW IN60\GENERAL\PLAYGRND. P&Z 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. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATNA. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 GRANT P. KINGSFORD Mayor TO: P~g & Zoning Commission, Mayor and Council FROM: Shan~~s, Planning. & Zonin Administrator g DATE: November 13, 1995 GOUNGIL h" h"BERG RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER SUBJECT: Preliminary Plat of The Playground Subdivision by The Playground, Inc. 1. This property is currently controlled by a development agreement that has been recorded. Findings of Fact and Conclusions of Law state development shall be as represented in the public hearings regarding annexation. 2. Existing trees on the driving range portion of the property shall be retained on site. 3. One three-inch caliper tree is required for each 1,500 square feet of pavement. All off- street parking areas are to be paved and striped. 4. Applicant's representative has stated that a sale of driving range property to another interest is possible and driving range would be discontinued. At minimum, detailed site plan review should be required, for any future development, at Commission level. A conditional use permit could also be required as development will not be as represented at public hearings. The recorded development agreement would need to be amended or a separate agreement entered into for any new use. 5. Thirty-five-foot (35') landscape setbacks shall be required along I-84 and Overland Road, beyond required ACRD right-of--way. 6. Any trash receptacle areas shall be screened in accordance with City Ordinance. 7. Certificates of Occupancy are required in accordance with City Ordinance. 8. The unplatted parcel north of Lots 2 and 3 of Block 1 will not have access to a public roadway when the Locust Grove overpass is constructed. ACHD has suggested that an access be shared on Locust Grove. Applicant's representative was requested to file apreliminary/final plat application. However, only a preliminary plat was submitted. I would still like this application to be considered as a preliminary/final provided all agencies have the opportunity to comment and that 30 copies of the proposed final plat be submitted immediately. A second public hearing may be required for the final plat at Council level. OFFICIALS _LIAM G. BERG, Jr., Clty Clark JANICE L. GASS, Clty Troasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Watsr Works Supt. JOHN T. SHAWCROFT, Waets Wster Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P ti 2 Adm. KENNETH W. BOWERS, Flre Chlef W. L'•BILL" GORDON, Pollcs Chlsf WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY COUNCIL MEMBERS A CrOOd PI80C t0 L.1Ve RONALD R. TOLSMA MAX YERRINGTON B CITY OF MERIDLAN TWMORROW W 33 EAST IDAHO P ti 2 COMMISSION JIM JOHNSON, Chairman MERIDIAN IDAHQ 83642 MOEAUDJANI , Phone (208) 888x1433 • FAX (208) 887.4813 ',~-. " • " " " ' JIM SHEARER - CHARLIE ROUNTREE " " "" " "'" ` Public Works/Buildiee Dt~artmptt (2pg) gg7_2211 TIM HEPPER ~~ " GRAM' P. ~IVGSFORD ~t ~ " id t ~ _. y~y7q~rg~~~ ,,+ VJ1i ~l ~~S 4:;.N~.~ 1 L.. w.. >~.~•c11 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: Jllovember 7. 1995 TRANSMITTAL DATE: 10/19/95 HEARING DATE: 11M4/95 REQUEST: Preliminary/Final Plat for The Playground Subdivison BY: The_ Plavaround Inc ~. _~ -- --- __ _."_ ..~_ _ __...___ +- - - ~~Pt~ ern C!~ cfrita _ Srove Road - - - JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDUW SCHOOL DISTRICT MERIDIAN POST OFFICE(PREUM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PREUM & FINAL PLAT) U.S. WEST(PREUM & FINAL PLAT) INTERMOUNTAIN GAS( RELIM & FINAL PLAT) BUREAU OF REC I ~(PREUM & FINAL PLAT) CITY FILES ~ OTHER: ~ - Z ,~ ~, YOUR CONCISE REMAR OFFICIALS WILLIAM G. BERG, Jr., Clty Clark JANICE L GASS, Clty Troasursr GARY D. SMITH, P.E. City Enyit~eer BRUCE D. STUART, Watsr Works Supt. JOHN T. SHAWCROFT, Waate Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P 8 Z Adm. KENNETH W. BOWERS, Flre Chief W. L "BILL" GOROON, Police Chlsf WAYNE G. CROOKSTON, JA., Attorney HUB OF TREASURE VALLEY A Good I'tace to Live CITY OF MERIDLAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 8884433 • FAX (208) 887813 Public Works/Builtiing Department (208) 887-221 l GRANT P.1CINGSFORD h'b9or COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P t: 2 COMMISSION JIM JOHNSON. Chalrrnan MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: November 7. 1995 TRANSMITTAL DATE: 10/19/95 HEARING DATE: 11/14/95 REQUEST: Preliminary/Final Plat for The Playground Subdivison BY: The Plavaround Inc _-- -- __ l,~~,p~^'~, ate' g~+~ _ _ ._._..--'~- ~ ~~ti7TT r7~jTtCS71-L'T. ~~~ V L~{l! Ll 11ri2~ -- - - - - - _ ~ . _ _ ~ -_ ----_ - --,Stove Road _ __ __ _ _ _-_ - ---- _ _ JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8t FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES fQ `a ~ d~~ OTHER:- f YOUR CONCISE REMARKS: ~ S ~ ~ M .Q a/ rf. ~ vie a y •eS .,~ :/tL~ CITY PLANNER 7' ; s ~a t" /ll.,t ~ ~ s f-a l ~ .~1 ~ rl.-.,. , t~_ _ _ ~ J~ VV "' ~ IV ~ robf~~ s w6 r .o !emu ~: /~1c~ T F~`e ~ ~ . r,~ 6~.2 P HUB OFTREASURE VALLEY OFFICIALS WILLIAM G. BERG, Jr., city clen~ A Good Place to Live JANICE L GASS, Clty Treeeuror s Wow si CITY OF MERIDLAN BRUCE D. STUART, Wet p,. JOHN T. SHAWCROFT, Waets Weter Supt. DENNIS J. SUMMERS, Parka save. 33 EAST IDAHO ~ ~ ~ ~ : ~ ~ ~ - ~ SHARIS.STILES,P6ZAdm. IVI~RIDIAN,IDAHU~b4$s Eq~}+!nl.,; ~•^.~• ._. .`.-" W. t_ "SILLWGOROON, Police Chief Phone (208) 888433 • FAX (2Q8) 887~813'~ ~~ ~ ~~ ~ ' ' ~~' _ -' - - - WAYNE G. CROOKSTON, JR., Attorney PubIIC Works/Building Dlpiitlridlt (208) 887-2211 '} n- .,~_ 4 c ~~ ; ::;~ c>:AI~Tr.lcnvcs>:ol~a~ ~ ~~ . ,.., ~r ~ ~. ~.. ~;, I .:, , ~ i :., } r i t ~ ~ ~ ~ j ,tw ~, ~ :. ,~ .. ... COUNCIL MEMBERS pONALO R. TOLSMA MAX YERRINGTON R08ERT D. CORRIE WALT W. MORROW P fi Z COMMISSION JIM JOHNSON, Chairman MOE AUDJANI JIM SHEARER CHARUEROUNTREE TIM NEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS O1~DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: November 7. 1995 TRANSMITTAL DATE: 10/19/95 HEARING DATE: 11/14/95 REQUEST: Preliminary/Final Plat for The Plaxaround Subdivison BY: The Platearound Inc s -,-- --Vii-~i=-~--i 31Y:c_~r-~'.i.-..-s+ ~-r---ax~~"-V1~0~7 ~~~ ~ _. ~.. ...~~~~. a. rr. s--~ ~__._ - - - - ---- -_~___ ~".___ .-r. _. -.-`.. _-_ - - - ..,v---__._T_~ --- ~- -- - - --- -- _ -~fOV~~ad - -- -~ ---- ----- - JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P2 MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) JIM SHEARER, P2 ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z 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, C1C U.S. WEST(PRELIM ~ FINAL PLAT) MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PREJll4 ~ FINAL PLAT, SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: Nampa & Meridian Irrigation POLICE DEPARTMENT District `s Hunter Lateral courses through the east CITY ATTORNEY porr;nn of lot 3. The Hunter Lateral is Wined; how- CITY ENGINEER CITY PLANNER eves, ; r still has an easement of 40 feet (20 feet each way from center). The Hunter Lateral must be shown on the plat before any further development occurs. ~~ / ~/L~ ~~~ i Accictant Wa Rill HPncnn ter Sunerintendent , t ~ ., r- *~~-~a~an Trri$ati nn nictrit•t , ~ - `.: t; .~ . ~ A MERIDIAN PLANNING & ZONING COMMISSION MEETING: NOVEMBER 14.1995 APPLICANT: THE PLAYGROUND INC. AGENDA 1 TEM NUMBER: 6 REQUEST: PUBLIC HEARING• REQUEST FOR APRELIMINARY/FINAL PLAT FOR THE PLAYGROUND ~UBDMSION G N Y 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: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: Materials presented at public meetings shall become property of the City of Meridian. 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. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, OMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" CORDON, Police Chef 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 Motor Vehicle/Drivent License (208) 888-4443 GRANT P. KINGSFORD Mayor MEMORANDUM: To: Mayor, City Council and Planning & Zoning From: Bruce Freckleton, Assistant to City Engineer Re: THE PLAYGROUND SUBDIVISION (Preliminary/Final Plat - By The Playground Inc. ) COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANt JIM SHEARER CHARLIE ROUNTREE TIM HEPPER November 9, 1995 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. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped are to be shown on the Preliminary Plat. Plans will need to be approved by the appropriate Irrigation/Drainage District, Lateral Users Association or Down Stream Users, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions, as prepared by a soil scientist, with the subdivision construction plans. 4. Submit copy of proposed restrictive covenants and/or deed restrictions for our review. 5. Provide 5 foot wide sidewalks in accordance with City Ordinance Section 11-9-606. B. 6. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. 7. Make any necessary mapping corrections to comply with the requirements of the Ada County Street Name Committee prior to resubmittal to the City. C:\W~VQdQO\G&NERAL\PLAYGRND.P&Z Mayor, Council and P&Z November 9, 1995 Page 2 8. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 9. Submit a master street drainage plan, including the method of disposal & approval from the Ada County Highway District, and the affected irrigation/drainage district(s). The subdivision construction plans will ~ be.approved for construction by the City until ~ approvals are obtained. 10. Respond in writing, to the each of the comments contained in this memorandum, and submit with the revised Preliminary Plat Map to the City Clerks Office. SITE SPECIFIC COMMENT - P FT I TNARY PLAT 1. Sanitary Sewer service to this site is divided between two different drainage areas. The Hunter Lateral which traverses through Lot 3, Block 1 is more or less the dividing line. Service for the drainage area west of the Hunter Lateral will be via existing sewer mains installed as part of the development of the R.V. Park. Service for the drainage area east of the Hunter Lateral will be via an extension of a future main line that is proposed as Phase II of the Five Mile Creek Sewer Trunk being constructed towazds St. Lukes. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes aze to be provided to keep the sewer lines on the south and west sides of the centerline. 2. Water service to this site will be via an extension of the existing 12 inch diameter main in East Overland Rd. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 3. Revise the Preliminary Plat Map to show ~ adjacent land use and existing zoning of properties surrounding the proposed development, including existing or approved proposed streets and lots, and addressing all other comments contained herein. Resubmit the Preliminary Plat with the revisions. 4. 100 watt high pressure sodium street lights will be required at locations designated by the Meridian Public Works Department. All street lights shall be installed, at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 5. Applicant shall provide a statement as to who the ownership, and operation and maintenance of the pressurized irrigation system is to be with. C:1WPW IN60\GENERAL\PLAYGRND. P&Z Mayor, Council and P&Z November 9, 1995 Page 3 FINAL PLAT 1. Please submit the final plat for review and comment. C:\WPWIN60\GENERAL\PLAYGRND. PBcZ OFflCiALS _LIAM G. BERG, Jr., Clty Clerk JANICE L GA83, City Treesursr GARY D. SMITH, P.E City Engineer BRUCE D. STUART, Water Work, Supt. JOHN T. SHAWCROfT, Waste Water Supt. OENNIS J. SUMMERS, Parlor Supt. SHARI S. STILES, P a Z Adm. KENNETH W, 60WER3, Firs Chlsf W. L "BILL" (iORDON, Paliu Chlsf WAYNE G. CROOKSTON, JR., Attorney HUB OF 77?EASURE VA1_I.F. y COUNCIL MEMBERS A GOOd P`LC t0 L1VC RONALD R. TOLSMA CITY OF MERIDLAN MAXYERRINGTDN W BTW MORROW 33 EASTIpgHO ?azco: MM'ss'°-N MERIDIAN,)®i4j~Q $3642 JIM JOHNSON, Cnalnnan MOE AUDJANI PhOttG ~~) ~~~! SAX '}~;, ; .... (ZOB) 887813 _ JIM SHEARER CMARUE ROUNTREE ~ z.1r.., Public W~ks/B ' ~i (~) 887-2211 o -, ~ . .. .- TIM HEPPER GRANT ~ RD ~ , i c '? ... TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommet~tions will be considered by the Meridian Planning & Zoning Commission, please submi# your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerkby:111ovember 7. 1995 TRANSMITTAL DATE: 10/19/95 HEARING DATE: 11/14/95 REQUEST:~?reliminarv/Final Pla# for The Playground Subdivicn BY: The Plavarc~und Inc -___~______ - s-..s~y~.saa-~\veau,~e~~-uF-L,.ti31s.~~J~-_~._-_..~~. _: _ _Srove .Road - --- - - --- - - - .. - - -- JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C1C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDUW SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUIfTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENT'RAt. DISTRICT HEALTH NAMPAMERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PREUM 8t FINAL PLAT) INTERMOUNTAIN GAS( RE M & FINAL PLAT) BUREAU OF REC PRELIM 8~ FINAL PLA'~ cITY FILES OTHER '' 2 . ~ ` ~~ YOUR CONCIS'EftEl1AAAR : OFFICIALS WILLIAM G. BERG, Jr., Clty Clsrk JANICE L GAS8, Clty Treasuror GARY 0.8MITH, P.E. City Engineer BRUCE 0.8TUART, Water Works Supt. JOHN T. SHAWCROFT, Wasts Watsr Supt. DENNI8 J. SUMMER8, Parks BupL SNARI S. STILE8, P 8 Z Adm. KENNETH W. BOWERB, Firo Chlel W. L "BILL" GOROON, Pollos Chlst WAYNE G. CROOKSTON, JR., Attorney 1YUB OF 7'RF.ASURE VqI_/.Fy A Good Place to Live CITY OF MERIDLAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888.4433 • FAX ~ 887-4813 Public Works/Building Departltxnt (20B) 887.2211 GRANT P. l<QYGSFORD COUNCIL MEMBERS RONALD R. TOLSMA MAl! YERRtNGTON ROBERT 0. CORRIE WALT W. MORROW P i Z CO---- M-MISSION JIM JOHNSON, Chairman MOE AUDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: November 7 1995 TRANSMITTAL DATE: 10/19/95 HEARING DATE:_ 11/14/95 REQUEST: Preliminary/Final Plat for Th - Playg ~n Subdivison BY: The Qlavaround Inc -----_- -- -:.~~we r~oaa JIM JOHNSON, P2 MERIDUW 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 NAMPAMERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT BOB CORRIE, C1C IDAHO POWER CO.(PREUM & 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 FB.ES BUILDING DEPARTMENT p-~pZ_ f D ~ a ~ ~ ~~ FIRE DEPARTMENT YOUR CONCISE REMARKS: POLICE DEPARTMENT CITY ATTORNEY i $ ~ ~ r+~ .Q ~w ,t ~° y.e q d ~es ..~'•/t0 CITY ENGINEER CITY PLANNER ~ ; s ~o t d1.~ .~ s ,., r _, ~, „ ~__ _ . _. y .. ItI,D hobl~«~s w6r ~ n,.. /t t~ T /C f P / SUBDIVISION EVALUATIOr~ ;H EET Proposed Development Name Date Reviewed City -~LD1AN Preliminary Stage Engineer/Developer ~~~~~_ Final The Street name comments listed below are made b STREET NAME COMMITTEE development in accordance with the Bo se tCit of the AdaeCoun hers of the Apq tY Engineer) regardi~UNTY Y Street Name Ordinance. 9 this IStinn ~*..._. _ The above street name comments have been read and a representatives of the ADA COUNTY pproved b be secured by the representative or h sRdesignee n o deNfITTEE. Y the following agency approved. or the sleet names'9o be offici ust ADA COUNTY STREET NAME C~Mnn~TTrr- ally ---- Ada County Engineer Ada Planning Assoc. City of Meridian Meridian Fire District John Terri Raynor~~z Z. Represen ~TIVES OR DESIGNEES Date ~0 Zlv ~ .Date ,lo Date /o Z. S- NOTE: A co -Date ~ ~ ` py of this evaluation sheet must be presented to time of signing the "final plat", otherwise the plat wg1 not be ~ A , -~_ Sub Index County Engineer at the Street Index fined !!!! NUMBERING OF LOTS AND BLOCKS Section /O ~lj ~,~ C OFFICIALS WILLIAM G. BERG, Jr., City Clerk JANICE L GASS, City Troasurer GARY D. SMITH, P.E. City Engineer BRUCE 0. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waets Watsr Supt. DENN18 J. SUMMERS, Parke Supt, SHARI S. STILES. P a Z Atlm. KENNETH W. BOWERS, FInChlef W. L "BILL" GOROON, Pollee Chlal WAYNE G. CROOKSTON, JR., Attomsy HUB OF TRFrlSURE VALLEY A Good Place to Live CITY OF MERIDLAN MERID ID p0~ ~ ~ ~' ~ ! r r 9 p n!n . Phone (208)888~433•FAX ,,,r`us't`'°-~••~~F;^'..~ _. (208) 887813 Public Works/Buiidin8 p~rtmptt (~ 887_221 l GRANT P. l~pgp, ! ~ C ~ ~ ~ ^ "' ~,J :.,, ; 1 ~ -• COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT O. CORRIE WALT W. MORROW P i Z COMMISSION , JIM JOHNSON, Chairman ' MOE AUOJANI • ~ ~ _ _ JIM SHEARER .. _ . _. CHARLIE ROUNTREE TIM HEPPER ~ ~. ~~ ~~•~ TRANSMITTAL TO AGENCIES FOR COMMENTS O~DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submif your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: November 7. 1995 __ TRANSMITTAL DATE: 10/19/95 HEARING DATE: 11M4/95 REQUEST: Preliminary/Final Plat fo The o~~ygLO~n~ S~~h~r~..~eon BY: The Plavaround Inc ---- ---- _.= _~ _., _- - - ~ _^ - - -- - - - - n ~ .~ -=_- -- ---~..,.~-~~au -- - __ __---- _ ______ -- JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P/Z MERIDIAN POST OFFiCE(PRELIM 8~ FINAL PLAT) JIM SHEARER, P2 ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P2 CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR NAMPAWERIOIAN IRRIGATION DISTRICT RONALD TOLSMA, C1C SETTLE4tS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER CO.(PRELIM 8t FINAL PLAT) WALT MORROW, C/C U.S. WEST(PREUM & FINAL PLAT) MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM 8t FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM ~ FINAL PLAT) SEWER DEPARTMENT CITY FdES BUILDING DEPARTMENT O'~pt; FIRE DEPARTMENT YOUR CONCISE REMARKS: Nampa & Meridian Irrigation POLICE DEPARTMENT District's Hunter_ Lateral courses through the east CITY ATTORNEY portion of lot 3 The Hunter Lateral is nined• how CITY ENGINEER ever it ar;ll has an cama t f 4 ( CITY PLANNER . n ea o 0 eer 20 feet each _wav from center) . The Hunter Lateral must be shown on the plat before any further development occurs. Rill HPnen.,_ Assictant Wa Pr Sui].e_rintanAonr Namna C, MPririian Trri$arinn i]iatrir•t .' d 7 ~~~~ OFFICIALS WILLIAM G. BERG, Jr., Clty Clark JANICE L GABS, Clty Troasuror GARY D. SMITH, P.E. Clty Enplnesr BRUCE D. STUART, Wstsr Works Supt. JOHN T. SHAWCROFT, Wasts Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P 3 Z Adm. KENNETH W, gpWERS, Flre Chief W. L "BILL" GORDON, Police Chlsf WAYNEG. CROOKSTON, JR., Attomsy HUB OF TREASURE VALLEY A Good Pace to Live CITY OF 1~~IERIDLAN 33 EAST IDAHO 11~RIDIAN, IDAHO 83642 Phone (208) 888~i433 • FAX (208) 887~8I3 Public Worka/Buildins Deparanatt (208) 887-221 GRANT P. KING9aORD Mtyor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P32CO~ON JIM JOHNSON, Chairman ~~ MOEALIDJANI I D ~~~a~~L:.~ ~ TMEHEPPERT EE ~E~ ~ 4 1995 L:I NAPIRpq & MERIDIAN IRRIGATION 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: December 12 1995 TRANSMITTAL DATE: _11/30/ 5 HEARING DATE:_ 12/19 /95 REQUEST: Final Plat for The PlavarQUnd Subdivision BY: The Plavaround Inc LOCATION OF PROPERTY OR PROJECT: North of Overland Road East of S ocust Grove Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM ~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MEWDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8 FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM ~ FINAL PLAT) CITY FlLES OTHER: ~ (,~ YOUR CONCISE REMARKS: sal GEC 1 8 1995 CITY 4~F i~Et~llll, SUBDIVISION EVALUATION SHEET Proposed Development Name THE PLAYGROUND City MERIDIAN Date Reviewed 12/7/95 Preliminary Stage Final XXXXX Engineer/Developer Tealev's Land Surveving /The Plavaround Inc The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development'in accordance with the Boise City Street Name Ordinance. The followin existin street names steal! a ear on the lat as: "INTERSTATE 84" "SOUTH LOCUST GROVE ROAD" "EAST OVERLAND ROAD" 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 orde for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTE , A N~Y R R ENTATIVES OR DESIGNEES Ada County Engineer John Priester G2~_ Date 6Z 7 rs Ada Planning Assoc. Terri Raynor ~ ~~~ Date .~- 7 ~ 5 City of Meridian Representative _ Date / ~ FS~ Meridian 'fFire District Representative ~l i2~-~/ ate /~~~ i~- t,S 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 3N 1 E 1 Section NUMBERING OF LOTS AND BLOCKS ok /Z ~ ~~ WILLIAM G. BERG, JR., Clty 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. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chiet W.L. "BILL" CORDON, Police Chiet 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 WorksBuilding Department (208) 887-2211 Motor Vehicle/Driveis License (208) 888-4443 MEMORANDUM GENT P. KINGSFORD Mayor TO: P~g & Zoning Commission, Mayor and Council FROM: Shari ~ ~ Plannin 8c Zonin A g _ g dmm>lstrator DATE: November 13, 1995 COUNCIL M A~RiFaS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMI ION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER SUBJECT: Preliminary Plat of The Playground Subdivision by The Playground, Inc. 1. This property is currently controlled by a development agreement that has been recorded. Findings of Fact and Conclusions of Law state development shall be as represented in the public hearings regarding annexation. 2. Existing trees on the driving range portion of the property shall be retained on site. 3. One three-inch caliper tree is required for each 1,500 square feet of pavement. All off- street parking areas are to be paved and striped. 4. Applicant's representative has stated that a sale of driving range property to another interest is possible and driving range would be discontinued. At minimum, detailed site plan review should be required, for any future development, at Commission level. A conditional use permit could also be required as development will not be as represented at public hearings. The recorded development agreement would need to be amended or a separate agreement entered into for any new use. 5. Thirty-five-foot (35') landscape setbacks shall be required along I-84 and Overland Road, beyond required ACHD right-of--way. 6. Any trash receptacle areas shall be screened in accordance with City Ordinance. 7. Certificates of Occupancy are required in accordance with City Ordinance. 8. The unplatted parcel north of Lots 2 and 3 of Block 1 will not have access to a public roadway when the Locust Grove overpass is constructed. ACHD has suggested that an access be shared on Locust Grove. Applicant's representative was requested to file apreliminary/final plat application. However, only a preliminary plat was submitted. I would still like this application to be considered as a preliminary/final provided all agencies have the opportunity to comment and that 30 copies of the proposed final plat be submitted immediately. A second public hearing may be required for the final plat at Council level. ~ OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clty Troasuror GARY D. SMITH, P.E. Clty Enplneer BRUCE D. STUART, Watsr Works Supt. JOHN T. SHAWCROFT, Waste Water gupt, DENNIS J. SUMMERS, Parka Supt. SHARI S. STILES, P 3 Z Adm. KENNETH W. BOWERS, Fin Chlef W. L. "BILL" CORDON, Pollcs Chisf 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) 888433 • FAX (208) 887813 Public Works/Buiklutg Depsrttttatt (208)887-2211 GRANT P. KtNGSFORD Mir COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P b Z COMMISSION JIM JOHNSON, Chairman MOE AUDJANI JIM SHEARER CHARUEROUNTREE TIM NEPPER 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: Decembe 2 1995 TRANSMITTAL DATE:... 11/30/95 HEARING DATE:. 12/19 /95 REQUEST: Final Plat for The Plavaround Subdivision BY: The Plavaround Inc LOCATION OF PROPERTY OR PROJECT:_ North of Overland Road, East of S Locust Grove Road JIM JOHNSON, P/Z 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 MERIDWN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT _.~4DA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) BUREAU OF RECLAMATION{PRELIM 8~ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: HUB OF TREASURE VALLEY ~- WILLIAM G. BERG, JR., City Clerk JANICE L LASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. "BILL' GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 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 Motor Vehicle/Drivers Licxnse (208) 888-4443 ROBERT D. CORRIE w Mayor April 8, 1996 Mr. Ted Hutchinson Tealey's Land Surveying 109 S. 4th Street Boise, Idaho 83702 RE: THE PLAYGROUND Final Plat Dear Ted: COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R: BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY I have reviewed the plat mylar and my file for this project and have the following comments: 1. Plat sheet no. l needs to contain the seaVsignature/date of the land surveyor. 2. The Restrictive Covenants need to be submitted for approval by the Council. ~- 3. The Nampa & Meridian Irrigation District said in their comments that the Cook's Lateral exists along the south boundary of the subdivision and it has a 30 foot wide right of way, 15 feet each side of its centerline. i ~~ -I_ ~<.~ 4. A 35 foot wide landscape easement was required along Overland Road by the City Planning Administrator. ; , 5. Ada County Highway District discussed the need to provide an access easement into Lot 3 from the unplatted area to the north because of the future Locust Grove overpass and the restriction of access from that parcel onto Locust Grove Road. 6. Conditions of the development agreement need to be met and confirmed by the City Planning and Zoning Administrator. These items need to be addressed by you prior to my signature being affixed on the plat mylar, Sheet No.2. Please advise. Sincerely, Gary mith, PE Post-it® Fax Note 7671 Date ~8 # of ~ pages ./t/.,~_ ~/w~ Toed ~ ( `/! /~G From A Co./Dept. / ~ ~J Co. ~ , rJ i a a Phone # Phone # 88 - 2z/~ Fax # Z~s ~ry~ Fax # 1? G1.7_ ~~2 RPR-12-1996 12=00 FROM JIM JONES TO NUB OF TREASURE VALLEY WILLIAM Ci, BERti, JA.. Clty Gera JANICE L. OIASS, City 7?t~.,vrgr GARY D. SMITH, f? E, Chy Engineer BRUCE D. STUART. Water Works Supt. JOHN T. EHAWCROFT, wasro Wptor Supt DENNIS J. SUMMERS, Pdrk9 Supt. SHARI L S1Rt.ES, P & Z Adminalrator PATTY A. WOIFKIEI- DMV SupenAsor KENNEtFi W RAWFRR: Fires fhipf W.1.. BILL' GORDDN. Police Chet WAVNE D. C1i00KSTON, JR.. Attorney MEMORAI~iDUM A (3oc,<1 Placx to T.ive CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO A364Z czos~ s8a~ • ~Ax aos~ ss~~ei3 Public WorksBui3dis6 Depeetraeat (208) 867-2211 blomr V~ Liaase (ZOB> 88E~4t43 GRANT P. IQriGSFORD Mayor TO: P~~i & Zoning Com>Eniccicm, Mayor and Cotmcil FROM: Shan L. Sbles, Plantung. & Zoning Administrator DATE: Noven4ber 13, 1995 8874813 P.02/02 S~IL1MErd8E8S RONKD q. TOLSMA MAX YERRiNGTON ROBERT D. CORRIE WALT W. MORROW P a, 2 COIAMtRSION JIM JOtNr130N. CNeirrnen MoE ALIDJANI .nM a-+r~u~en ONARLE:ROUNfREE 71M HEPPER SUBJECT: Prefiminaty Plat of The Playground Subdivision by The Playg~roemd, Inc. 1. This property is currently ctmtrollrxJ by a development agceeweut that has been recorded. Findings of Fact and Conchisions of Law state developmem shall be as represented in the public hearings regarding annexation. 2. Existing trees on the driving range portion of the property shall be retained on site. 3. One three-inch caliper tree is required for each 1,500 square feet of pavement. All off- street parking areas aze to be paved acrd striped. 4. Applicant's representative bas stated that a sale of driving range property to another interest is possible and driving rstnge would be tliscontimxed. At minimum, derailed rile plan review should be required, far any future development, at Commission level. A conditional use permit could also be regas~ed as development will not be as represented at public heari~s. The record~l development agreement would need to be amended or a separate agreement into for any new use. 5. Thirty-five-foot (35') landscape setbacks shall be required along I-84 and Overland Road, beyond required ACRD right~f--way. 6. Any trash receptacle areas shall be screened in accordance with City Ordinance. 7. Certificates of Occupancy are required in accordance with City Ordinance. 8. Tye unplatted parcel north of Lots 2 and 3 of Block 1 will not have access to a public roadway when the Locust Grove overpass is constfucted. ACRD has suggested that an access be shared on Locust Grove. Applicant's representative was requested to file apreliminarq/final plat application. However, only a preliminary plat was subuuttled. I would still like this application to be considered as a preliminary/final provided all agencies have the opporainity to comment and that 30 copies of the proposed final plat be snbmitred immediately. A second public hearing may be required for the fural plat at Council level. APR 12 '96 12=03 2083859599 PAGE.02 4 s 9b ~ ~ ~ ~ d~~ ~Elat~/yJ N~1~ ~°~' '_' GU'~i,p v~%t. Th-t. OtiWt.eti . rnv~~ ~. .~t~~ita a.'t' ~.c ~~titi~ ~k~e ~ A-~~r~t Q acne, -~~ ~ ~ ~ d~~~ r~,~ ~~d~ ? ~.Q.w~o--~.he ~,,~.yl~ 9~i-zw,ac cv~,r. ~, ~ _ --- ~ /~o~o se.r~t. ncatv~,%~v~e. off ~~~. "rvt !~`.w. side ~ ~. ,~~~,ate~t a,cccao- rwZi ~~ 3 ~, J2~~C.d ~vc.e~ v'~o Die. I~trtZ7f MeulemanMillerCummings TEL:1-208-336-9712 ~^ LAW OPI~IICFS MEULEMAN MILLER CUMMINGS BUSINESS LAw RPAL es7ATE LAW CONSIRLIGTION IAw MICHAEL G. BALnNER RICI IMD A. CUMMINOS KIMDAL t. coaLAND QU6NTIN M. KNIP[i• GFAPEAEY j. McCONNl6ll" SCOTT McKAY•• WAYNP, V MEULEMAN RUtlERT L. MILLER RICIi.4RU w. MOLtERl1P KEVIN D. 5A'1•IFRL[E 960 DROADWAY AVE., SU[Tli 400 PAST OFF{CE BOX 955 BO1S6, IDAHO 47701 Oct 12 94 16:46 No .024 P.01 ~. (l08) 34L60G6 FAX (208) 336.9712 • I~L~ggEp M IUNlO C. AVASMIN07Y)N •• Lti];NgED IN IUAl10 (+ CAHPDANIA TELEFA COV TIER Please deliver' the following pages to: COMPANY: GIr~ (~~ Jy~~RtD1~'i~l ATTENTION: S huh .~~~l~s _ TOTAL PAGES SENT: 1 (Including cover page) DATE: ~ ~alg~ FROM: ~~kr 6a Idh~- FAX NO.: ~ ~ ~ FILE NO.: TIME SENT: SENT 8Y: ~G IF YOU DO NOT RECEIVE ALL THE PAGES INDICATED, PLEASE CALL US BACK AS SOON AS POSSIBLE. DOCUMENTS TRANSMITTED: _~` ~t NOTES: ~nlt=lnFntT1AUTY N TQ IC>~ THE tNFOAMATION CONTAINED IN THIS FACSIMILE IS CONFIDENTIAL INFORMATION OR ATTORNEY wpRK PRODUCT OR 90TH AND IS FOR TMf pCCLUSNE U3E OR TH@ INTENDED RECIPIENT US1ED ABOVId. ANY READWa. DISCLOSURE. U8E OR REPRODUCTION OF 1'113 COMMUNICATION OTHER THAN 8Y THE INTI'NDED REC1t~IT IS PROHIBIT'En. IrYOU HAVE pECENED TH18 COMMUNICATION IN ERROR. PLEASE N071FY US 9Y COLLECT TE1FPh10NE CALL IMMEDIATELY AND RETU~ THE COMMUNICATION TO US VIA U. $. MAIL. Original to Follow: ,~, Yes ~ No ivy FE%A1. ESTATE LAW OCT 12 '94 16:49 r.~TmJC110N tAW . • . ~~ 1 208 336 9?12 PAGE.01 MeulemanMillerCummings TEL:1-208-336-9712 Oct 12 94 "1 1.AW nFFICES IvIEULEMAN, MILLER CUMMINGS BU51NF$S IAW • REAL FS~i'A'fIl lAW Cl)NSTRU(.'1'1ON LAW MIC71AtiL F'., MLUNEh RIC,IIARI~ A Cl)MMIN(iS KIMBAL 1- Ct~W LANI t QIJf:NTIN M KNII'ti• (J};~')FFRLY ). Mcl"L?NNtiU.•• 5(XI'I'T McKAY`• WAYNE v MRUL@MAN RnRCRI' L. M11.1.[R RICIIARU W. MALLCItUI' KEVIN D. SA'1`IF:RLCC %0 BROADWAY AVE., SUI'1'li 400 rosT oFrIC-~ Bax vss BOISE, IDAHO 83701 October 12, 1994 16:47 No.024 P.02 (208) 342-bObb }'/~X (208) 33b-9712 • LICSNtikU IN IVAl10 6 ~ASI IINGYON •• IJ,-n-rvnt:o IN tuAllo 6 t-At.nYmwA ACB L (208) 887-4813 Ms. Shari Stiles CITY OF MERIDIAN City Hall 33 East Idaho Avenue Meridian, Idaho Re: The Playground, Inc. Dear Shari: Enclosed is a red-line of the Development Agreement incorporating Wayne Crookston's changes and highlighting changes necessary to reflect the Playground's arrangement with the City and ACRD. After conversations with you, it became apparent that the City required us to construct a sidewalk in the area that will become a right-of-way, but that we need not construct curbs and gutters. Instead, the Playground will be required to make a deposit for curbs and gutters with the public Right-of-Way Trust Fund. hopefully, these changes will be acceptable to you. Given the delays that have prevented us from getting a building permit up until this point, we ask that you review these changes as quickly as possible, and let us know if you approve of them. It is our understanding that once we have signed the Development Agreement we will be anti ilels'~ n the lDevelopment~Agreementt as soon as we have Playground w g received your approval. Thank you for your cooperation in this matter. Sincerely, MEB/nc Enclosure Mike Baldner ~"~~ OCT 12 '94 16:50 1 208 336 9?12 PAGE.02 MeulemanMillerCummings TEL:1-208-336-9712 Oct 12 94 16:47 No.024 P.03 r ,•~ .20; ~ HED~INE #~ llEVLI[AP1VI +' T ACRT +, ,NT THIS AGREEMENT, mate and entered into this day of September, 1994, by and between Lhe CITY OF MERIDIAN, a municipal corporation of the State of ldaho, pail.y of the first part, hereinafter called the "City", and Tl•It PLAYGROUND, INC., an Idaho corporation, party of the second part, hereinafter called the "Developer", whose address is 4098 North Jullion, B~isc, Idaho 83704. WITNESS~TH: WHP,REAS, the Developer is the sole owner, in law andlor equity, of a certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A', which is attached hereto and by this referenced incorporated herein as if set forth in full; and WHERI'sAS, the State of Idaho legislature, il~ 1991, passed Idaho Code, fi7-6S11A, Development AgreelnerUs, which provides that cities may enter into dcvelopmenl. agreements with developers upon rezoning oi' land; and WNLRLAS, the City has passed developrnenl ordinance 11-2-417D, which aul.h~rizes development agreements upon the annexation and retuning of land; and WHF.JtI'.:AS, the Developer has submitted an application for annexation and zoning, or an application for re~.one, of that cerl.ain property described in Exhibit "A", and has requested zoning of C-G; and WHEREAS, the Developer desires to make certain commitments regarding the devehpmenl of the land and certain improvements to be made thereto; and p13vI:T.OPMLN'1' nc~TtEEMENT - ] MMR.C 157] .02 ] 0/07/94 OCT 12 '94 16 51 1 208 336 9712 PAGE.03 OCT 12 '94 16 51 1 208 336 9712 PAGE.04 MeulemanMillerCummings TEL~1-208-336-9712 Oct 12 94 16 49 No .024 P.05 ~ ~ easternmost bound~~ry of the property in phases unless development occurs to the cast (in which case service will Ur provided immediately), drainage, and other similar signage and barricades, anal other' such improvcmcnts contemplated within the development, which Plans and all improvcmcnts shown thereon shall meet the approval of the City Engineer. Said Improvement Plans are incorporated herein and made a part hereof by reference. 3. Thal Developer will, at his or their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs and gutters, sidewalks, pressurircd irrigation system, file ~ the Hunter Lateral, electrical transmission lines, natural gas lines, telephone lines, sites, cross drains, street, street surfacing, street signs, and barric~ules as well as any and all other improvements shown on the Improvement Plans. 4. That Developer will constnrct and install all. such improvcmcnts in strict. accordance with the approved improvement Plans, and the City Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the lime the constniction of said iurprovements is accomplished, or as otherwise agreed between Developer and the City. 5. That. Developer will provide the City Engineer wil.h at least fifteen (15) days advance written notification of when and what portion, or portions, of said improvements he intends to ccirnplete and the time schedule therefor; and agrees to make such modifications and/or construct. any temporary facilities necessitated by such phased construction work as shall be ncluired and approved by the City Engineer. 6. That. Developer will have "corrected" original drawings of the Improvement Plans 01' all said unprovements prepared by a Registered Professional Enginccr and will provide the T)BV1SlAPM1.dN'T' AGKITEMEN'1' - 3 MM xcC 1.57 r .02 l 0/07/9~t OCT 12 '94 16 52 1 208 336 9712 PAGE.05 MeulemanMillerCummings TEL_~1-208-336-9712 Oct 12 94 16 49 No .024 P.06 ~ ~.,~ City with said Plans or a duplicate mylar copy of said Plans. The Improvement Plans oi' the proposed improvements shall be "corrected" to show the actual constn~cted location (both horizontally and verl.ically) of the various water and sewer lines, all utility lines, and pressurized irrigation lints and their individual service lines, the curb and flutter alignment and grades, etc. The corrected Improvement Plans shall include a "Certification" thereon, signed by the ltcgistereci Pm1'cssivnal Engineer in charge of the work, that said Plans of I.he various improvcn~enls arc true and correct and that he (the Registered Professional Engineer) has inspec;te<I the cvnsl.ruction of the various improvements (water lines, sanitary sewer lines, pressuri~.cd 'irrigation lines, gas lines, electricity lines, sto~7n drain lines, curb and gutter, street paving, etc) and that the materials tar and the installation of the same were all done in conformance with the applicable City Standard Engineering Drawings and St<~ndard Engineering Spc;c;ifications governing the construction of these f~acilil.ias. 7. 'T'hat Developer shall, immediately upon completion of any such eonstn~eted portion, portions, or the entirely of said development, nMil'y the City Engineer and request his inspection and written acceptance of such completed improvements or portion thereof. 8. That Developer agrees, upon a finding by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion, or portions, or the cntiret.y of said improvements need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the City, the Developer will thereupon, within a reasonable time, construct said needed improvements, or, if he does not so consln~et within a reasonable time after written notification of such Council action, and the City thei•cafter determines to constnuct, and does constnut such impmvement, or impmvements, the Developer will pay to the City the i)EV13LOYMEN~' AGRL~IIMF:NT - 4 MM14.C` 1571.02 10/07!94 OCT 12 '94 16 52 1 208 336 9712 PAGE.06 MeulemanMillerCummings TEL:1-208-336-9712 Oct 12 94 16:50 No .024 P.07 ~-. /'~ cyst of such constn~ction, in such manner and under such terms as the City shall order after conference with the Developer. Provided, however, the City Council sha]1 trot make the finding set forth in this paragraph except at a regular or special meeting of the City Council and unless the Developer has been notified in writing of the time and place of such meeting at least throe (3) clays prior thereto and has been given an opporiunily to be present in person or by counsel, and to be heard on t.hc merits of the proposed trading. y. 'that Developer agrees that upon his, its, or their having received written notification firm the City Fnginecr, that any of the requirements herein specified have not been timely complied with, that the City shall have the right to withhold the issuance of any Certificates of Occupancy within such annexed area and/or shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed area until such time as all requirements specified herein have been complied with; provided, however, the Developer shall have the right to appear bei'ore the City Council at any regular 1nceUng after any Certificate of Occupancy or any water service shall have been withheld for reasons set. forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its ciccision shall be final, except that the rights of the panics are preserved by law and equity. 0. Developer agrcc;s that, in the event any of the impmvemcnts or payments required herein are not timely installed or paid, the City may, at its sole option, within ten (l0) days written notice to Developer, install the improvements and declare the entire cost of said improvements oa• unpaid balance to be immediately due and payable and may seek to collect such DLVgLUI'ML'NT AGRB!?MBNT - S MM8cC 1571.02 10/07/94 OCT 12 '94 16 53 1 208 336 9712 PAGE.07 MeulemanMillerCummings TEL:1-208-336-9712 Oct 12 94 16:50 No .024 P.08 ~` stems in the manner provided by law, or ]may pursue any other re]~~ecly set fvrth herein or as may be available in law or equity. In the event of any such declaration, all sums due shall bear interest at the prime interest rate of First Security Bank of Idaho, plus five percent (5'~) per annum, until paid. Provided, however, the City Council shall not make the finding set forth in this Paragraph except at a t~egular or special meeting of the City Council and unless the Developer has been notil'icd in writing of the time and place of such meeting at least three (3) days prirn• thereto and has been given an opportunity to be present in person or by counsel and tc~ be heard on the merits of the proposdd finding. 11. That Developer agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement, to seczure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, pressurized irrigation system, tilt fc~r Hunter Lateral, streets, curbs, gutters, sidewalks, landscaping and bcrming. In the event of Developer's failure to annplete such installation, the City may install such improvcn~ents and, without notice, foreclose w.his Agreement as a mortgage in accordance with the mortgage I~reclosure laws of the State of Idaho; provided further that upon request of the Developer, the City will execute ~u~d deHvcr a partial release of the lien cre<~tetl herein against. all or any portion of the subject land, upon completion of that portion of the tvt.al improvements installed which relates to the percentage of improvements that have been installed as compared tv the total amount of improvements. The to itv shall also execute and deliver a_uadial release ~1' the lien c:rcated, herein Tor the installation v curbs and !ratters upon Develauer's de osit of monies rc t~ircd, by the Ad~t County iLlichwav District ii to th Public Ri hts-of-Wav Trust Fund. AJ~VELONM1iNT AGREEMT:NT - fi MM&(: ] 57 ] .02 10/07!94 OCT 12 '94 16 54 1 208 336 9?12 PAGE.08 MeulemanMillerCummings TEL:1-208-336-9712 Oct 12 94 16:51 No .024 P.09 • ^ ~ The City father agrees that, upon request of Developer, the City will, by written agreement, subordinate the lien created hereby, W any mortgage, decd of tn~st, or other security device rcquved t.o sccw•e the payment of any loan or advance made Lo Developer 1'or the sole purpose of financing the constn~ction of improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall first warrant. and represent. in writing that it unclerstancis dial. the contemplated loan or advances will be used solely for the constniction of improvements upon the hmd and that it will take reasonable precautions usual and custrnnary to the financing and lending industry to ensure that the loan proceeds or advances wi I1 not. be used for any other purpose. The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under 11-9-60tiC of the Revised and Canpiled C)rdinances of the City of Meridian, to insure the installation of the improvements, and the Developer agrees Lo provide such, if required by the City. 12. 'That Developer agrees that those portions of the water main or the sanitary sewer line, for which the City has expressly agreed Lo enter into a late comers agreement, if any, for including any water or sewer line extensions, increased line sire or capacity, are required because of future service needs originating fmm properliaS not owned by Developer and located within the vicinity of the subject development, that sound planning requires construction thereof at tl)e present time in order to aecommcxlate fiiture expansion and development. In recognition of tJie cost savings which can be accomplished by constnuction of such excess capacity and/or improvements concurrently with the facilities to be constructed for Developer's proposes, and the itnpractal)ility or impossibility of constructing such excess capacity and/or improvements UliV13LOPMENT ACirZ1~~MENT - 7 MM&(: I S? 1.02 10107/94 OCT 12 '94 16:54 1 208 336 9?12 PAGE.09 MeulemanMillerCummings TEL:1-208-336-9712 Oct 12 94 16:52 No .024 P.10 ,,.~ separately or al a later tinge, Developcr agrees to design and co»st.ruct such facilities subject. to the City's agreement to enter into a late comer agreement to reimburse Developer for a portion of the costa for such excess capacity. Developcr agrees to attain th~~ec independent hang fide bids for the perFonnance of such work from qualified and responsible contractors and shall deliver conics of such bids to the City prior to the commencement oi' such work. Such bids shall be salicited and itemized in a manner which allows clear and specilic identification of that lx)rtion oI' the constn~ction work 1`or which the City may possibly enter into a late tamers agl~emcnt. The Cit.y's obligation to enter into a late comers agreement to help Developea• ray for such costs shall be limited to the lowest of such bids irrespective; of whether the lowest bidder is in fact selected by Developer to perform the work. 13. That Developer agrees that no Certificates of Occupancy will be issued until all improvements, other than curbs. and eutt~r~s. arc completed and mo{lies have been deuo~itccl in the Public,Riehts-of-Wav 1Yust Fund fo~~lction of curbs nd e~utters, unless the City and the Ucveloper have entered into an addendum agreement stating when the impmvements will be completed in a phased development; in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the Cityz or. if reauirecf, monies have nat b~cn denositod in the Public Ril=_hts-ai=Wav Tnist Fund .for their camnleti~. l4. That Developer agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in Exhibit. "B" attached hereta and by this reference made a part hereof. J)EVELUPMENT AGREEMliNT - 8 MM&t; 1571.02 10/07/94 OCT 12 '94 16 55 1 208 336 9712 PAGE. 10 MeulemanMillerCummings TEL:1-208-336-9712 Oct 12 94 16:52 No .024 P.11 ~ ~ 1 S. That llevcloper agrees that any notice reyuircd by this Agreement shell be given at the following address: City of Mcridian: City Engineer City o1' Meridian 33 Bast Idaho Meridian, ldaho 83G42 Developer: The Playground, Inc. 4U98 Norlh Jullion Way Boise, Idaho 837p4 1 G. Thal Developer agrees to pay all recording tees necessary to record this Agreement with the Ada Counl.y Rec;order's U~ce. 17. All covenants and conditions set forl.h herein shall be appurtenant to and run with the land and shall be binding upon Developer's heirs, successors or assigns. 18. This Agreement shall become valid and binding only upon its approval by the City council and execution by the Mayor and Cily Clerk. 19. That Developer agrees to abide by ell ordinances of the City of Mcridian and the properly shall be subject to de-annexation if the owner or its assigns, heirs, or successors shall not rncet the conditions contained in the Findings of Fact and Conclusions of Law, ibis Development Agreement, and the Urdinances of the City o1' Meridian. Dated the dale, month and year first appearing. Cl~'Y By: ~ ._ Grant P. Kingsford, Mayor DEVI"sLUPER By: President By: William G. Berg, Jr., City Clerk (rh„\ 1591, 02\~ml^W~wclop.tct9) ]')EVL'l.()YMENl' ACikEEMLNT - 9 M M~cC ] 571.02 ] 0/07194 OCT 12 '94 16:SS By: Secretary 1 208 336 9?12 PAGE. 11 MeulemanMillerCummings TEL:1-208-336-9712 STATE OF IDAHO ) ss. CUUNTY OF AhA ) Oct 12 94 16:53 No .024 P.12 On this day of 1994, before mc, the undersigned, a Notary Public in and for said State, personally appeared _ and . .__, known, or proved to me, to the President and Secrct<~ry of The I')ayRround, Inc. that executed this instrument and the persons who cxeculed the said instrument on behalf of sai(1 corpo~•ation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed lny official seal, the day and year in this certificate first above written. Notary Public Residingat My commission expires STATE OF IDAHO ) ss. COUNTY Or ADA ) On this day of i 1994, before me, the undersigned, a Notary Public in and for said Stale, personally appeared Glant P. King, ford and William G. Bere. Jr, known, or proved to me, to the Mayor and City Clerk of City of Meridian that cxeculed this instrument and the Persons who executed t.lte said instrument on behalf of said corporation, and acknowledged to nee that such corporation executed the same. IN WITNESS WIIBREOF, I have hereunto set my hand and affixed lny official seal, the day and year in this certificate first above written. D1~VElAPMENT A(iREEMI?NT - 1U MMScC 1571.2 10/07/94 Notary Public Residingat _ My commissivn expires OCT 12 '94 16 56 1 20S 336 9712 PAGE. 12 MeulemanMillerCummings TEL:1-208-336-9712 EXHIBIT "A" Oct 12 94 16:53 No.024 P.13 A parcel of land being a portion of the 6W ; 5W of Section 17, T.3N., R.1E., B.M., Ada County, Idaho, said parcel being more particularly described as follows: Commencing at the Brass Cap marking the corner common to Sections 17, 18, 19 and 20, T.3N., R.1E., B.M., Ada County, Iaaho, Baia point being the REAL POINT OF BEGINNING; thence, N.0°00'07"E. 462.55 feet along the west line of said SW ~ of section 17; thence, N.89°36'58"E. 893.00 feet; thence N.0°03'23"W. 585.36 feet to a point of curve on the south right--of--way of z-84; thence along a curve to the lstt 435.18 Peet, said curve having a delta of 2°34'53", a radius of 9,659.30 feet, tahgent~s of 217.63 feet and a long chord of 435.14 feet which bears N.87°44'04"E. to a point of ending of curve; thence leaving said right-of-way, S.0°03'23"E. 1062.19 feet along the east line of said SW ~ SW ~ to the SE oorner of said SW ~ SW ; of Section 17; thence, S.89°36'58"W. 1328.30 feet to the REAL POINT OF HEGINNINa. OCT 12 '94 16 56 1 208 336 9712 PAGE.13 MeulemanMillerCummings TEL~1-208-336-9712 Oct 12 94 16 54 No .024 P.14 :--~ ~„~**rpY~r nIlll TO THL DEVELUPMBNT AGREEMENT B y~ GRn N'D I G- THr: CIT. Y ~E MBRIAIA~D~O ~D THE This development includes the following: l , A recreational vehicle park, campgroundWe11d fa120) spaces for parkinglof travel containing not. more than one hundred y ~ trailers, motor homes, campers, and similar travel vehicles. 2. A golf and driving range and facilities for golf, including purling greens, sand areas, facilities for short and intermediate range golf practice, miniature golf, and other similar golf facilities. 3. Uther similar sports park 1'acilit.ies or sports training facilities such as batting arca~, and practice play areas for tennis, soccer and other outdoor or field sports. 4, A playground, a snack bar, an arcade, a game room, and a small convenience store primarily serving customers of the recreational vehicle park ar recreational facilities located on the land. 5. Any related necessary or ancillary facilities for any of the above uses, including equipment. storage sheds, other support or maintenance buildings, and other buildings necessary for operating facilities to he constructed on the land. Ucvelopcr shall: ] . Tile the Hunl.er Lateral prMa chr 99Sl~whichever~o ~~~TS O,~upancy for Phase lY oi' the dcvelopmcnl, 2, Extend and constnict water and sewer line extensions t.o serve the pmpcrty and connect to Meridian water and sewer lines. Water line extension must be through the Hunter J.atcral prior to obtaining a building permit. Water line extension to the easternmost boundary of property must be compacted by fall 1995 or a'ben deve]oprnent of adjacent property occurs, whichever is earliest. 3. Constn~ct paved streets within the property. 4. Dedicate i.hc necessary land from the centerlines of Locust. Grove Road and Qverland Road for public right-of-way; construct si lc cwalks and dcuosit amounts rc u'r d b a ount Hi h D' riot info th Public Ri s-of- a Tr st gun forth cons .ruction f curbs; a~ gutters ~d-~e~w~ks-along Overland and locust Cxrove Roads. OCT 12 '94 165? 1 208 336 9?12 PAGE. 14 ~ f ~:a;~ --'171 ~ _~} i 1 Q ~ t0 UI ~~ ~ r 9 I Q ~ E7 i 1 ' ` y M'' CeJ ii'~ ~yy ~ i W ~ ~i ..,w ~ ~ m $i ~ = H fi ~ OMLLiIN Y)IYY113 77RtlY MOIM JI ~ nNUa)N Ym n ltJNri Ina .1 i~ ~ ~~ ~ i ~~~ ~ .' i S r~ ~ I S~ ~ r ~: ~~INh~~! .IT ?~ ~~ ~ :_ ~W _ I ii ~~~u w(]~~ 4 ~ V ~Y iW ~~ ~~ ~~ F J I ~ ~ i ~ :~o ~ ~~ ~~ ~ ~ a. _•o aai QW , '03 ~' ~ + + . o I ~ ~ !. ~ ~ ;:~+;a ~o~~;~a g i~ c ea f ~ ~ ~~~s3 ~ / -_ T ~ ~ li ~ 5:~ ~ ~ ~ ~ ;; 37 .I a ;~ '4'~';il o ~ ~ ~ g 3~ m ~ m C •{j m .~~ i} 3; . (9,j av sYyn arnm~ E~ ~ ,~.~~ 1: ~~ 's ~ V= ~ ~ 9 o~~ ~ No ~ ~s= '. ~` -_ Y :uo - [ `"'~ _ ~..3 - _~~ .VIY ')NW .. YO t )YnfOI~N) N3YY1 M IlIM ..Yi%J/I 3g ~ ~~~ ii (~}~I/-~y/ i~ ~\ L10 ~ Jd/~' z g . F a W o •3 W a W N ~~ ;i iu'~ :_• . 1 ~ 1 3 ~I ~ 0 ~ 3 A e ~ o t ~}' ' ~A ~ iF z ~ s ~ ~ I I E I j~i ~~ 9((~ s i3 s~4~~'1 511 ~ I~ ~1-I~ft E~a3s~: • • ~ 0 0 o o c jY ~ Q ~ ~ S < /i dp .t ~ ,s ! • {y t.ll 7.lwon alftln s /N • . .. w~ c 1M'Jn AlIYOJ)f ~ Q l ~ ~ 3JN)i OMIYOJ)YO-1X3K~M)INN3 11YJn AlltlnJ)) OYOY )AOY3 1)IUOI F 3F MeulemanMillerCummings TEL~1-208336-9712 OCt 04 94 14 17 No .014 P.01 n LAW OFFICES MEULEMAN MILLER CUMMINGS BUSINESS LnW REAL PSTA'iE [nW Opr1s'fAl1CT10N IJ~W NIGiAEL Y. BALDNP.R (UCHARD A. CUMMINGS KIMBAt. L. OOWLAND Ql?ENTIN M. KNIFE' OfAFFREY ). ykCONNEI.4•• SC(YI'T McKAY•• WAYNE V M6ULEbInN R(~P.RT L. MILLER RICHARD W. MOLl51tUP KL•VIN D. SAT7'h'It1-~ 960 BROADWAY AVE„ SUITE 400 POST' OFPIC6 BOX 955 BOIS& IDAHO 63701 7 LEF X C V TT R Please deliver the following pages to: ~,ct' o~ VU t~ COMi'ANY: ~~~/ ATTENTION:-L~II/~ TOTAL PAGES SENT: (including cove/r page)/ I ~ ~l~ ~ ~ DATE: l -~l i GIA FROM: ~~~/l~ FAX NO.: FILE NO.: (208) 34L6066 FAX (208) 336A7 i2 • LK:CN.~ M roAHO 6 wnsxmw~oly •• LICM~ M IDAllO & (;AUR~WIA -Y~3r3 71ME SENT: SENT BY: G~~f e IF YOU DO NOT RECEIVE ALL THE PAGES INDICATED, PLEASE CALL US BACK AS SOON AS POSSIBLE. DOCUMENTS TRANSMITTED: NOTES: ~ ' ~~. cOh°1ncuT'IAI_ITY NQZI_CE THE INFOE~XC UISIVE USE OF THE NTE'B1Ol~ RECIPI LENT OLJ5T2D A80VE ANY REJ1D NG DISCLOS RE• U6RE OR REPRODURCTION OF TH S FOR THE IPYOU HAVE RECEN~ THIS COMMUNICATION IN ERROR. COMMUNICATION OTHER THAN BY THE INTENDED RECIPIENT IS Pl10HI8fTE0. PLEASE NOTIFY LIS BY COLLECT TELEPHONE CALL IMMEDIATELY AND RETURN THE COMMUNICATION TO US VIA U. S. MAIL Original to Follow: Yes ~ No onl LAw . . ~~ aye aEaL FSTAT1s LAw ~~ , OCT 04 '94 14=21 1 208 336 9712 PAGE.01 MeulemanMillerCummin s TEL~1-208-336-9712 - `7A 1 VG ~C.o K / t,r ~. ~r~~J ~ rcv y•~~y~, • r y~iy~,~\\ Oct 04 94 1418 No .014 P.02 7(Ulf1 1>pr~Ji60 t.N~W 1 Mcridiq,i. WUio ~i(vt2 7(tR ~ tldfl• 194lS n~F(nCS~ f ix,na 1AN / 302.74AU.01211 1~4nh(lo iMiona B~~e G'~nst~uc~~on !t!?Sll)l~N'1'(AL lYc CC)MMIiltClAl. ISIJ11.1)IN[3S tJctobe,r 4. 1994 Ro: Pavitlg for IJriving Range on The Y1ay~rouncl TU WHOM TT MAY CONCERN: I am tha gcttctol a~nlracfor for fhC cx~nstntction of the i Approximatoly twa weeks ago, Suc Clarke notlfled me that p~ tc, cxnnmenre as soon as possib}o. At lhel lino:, i wHS cpntid Alvin}; ct~w nn t;ife by Wecilttrsciay, S(:ptctl~bar 28. 19y4, Ilowt;ver, due tc~ extrt(ctrdinary demand fur paving 1"i(-d a suhcctntrACtar who way t(vAilttble to da the wa•k. I)es}rite the iimileti AvttilAbifify of hn~'ing arewt:, i hava will be nn Site (od,,y, 4cu~her 4, 199410 lnspcct the prei»isec wltl~ln ti-c naxt few dayti. Si11C.sraly, Hct1~ Rricc HB:dcR jtrvemenls on Tht Play~r~~,utul. ~g Tor lha <irlvittg range needed Ihaf I would be attJa fo hour a al. Utis lime 1 Vl'86 unab]c tc- able h contact tz lrtver who ho}tefully paving will Itc};in OCT 04 '94 14 21 1 208 336 9712 PAGE.02 AMBROSE, FITZGERALD & CROOKSTON ATTORNEYS AND COUNSELORS AT LAW GRANT L AMdROSS (b13.1l6t) ]OHN o. FrIZGHRAil), PA. 1.530 WEST STATE - P.O. BOX 427 WAYNB G. CROOKSTON, ]R., PA. W(LIJAM ]. SCHWARTL JOHN O. F(IZGRRAID H, P.A. MERIDIAN, IDAHO 83680 THIS FIRM INCLUDES PROFESSIONAL CORPORATIONS October 8, 1994 Bob Miller Meuleman, Miller & Cummings 960 Broadway Boise, Idaho 83706 Re: The Playground Dear Bob: 1'Bi.6PHONR (20q 86e-IKl FACS(M!L& (2~b) atb-3lff This letter is written in confirmation of the understanding that was reached at the meeting between Mr. and Mrs. Clarke and the representatives of the City of Meridian that was held at 2:00 o;clock p. m. on the 8th day of August, 1994. Those in attendance were Mr. and Mrs. Clarke, your self and your associate, and Bob Corrie City, Meridian City Councilman, Skip Voss, Meridian Fire Marshall, Kenny Bowers, Meridian Fire Chief, Bruce Stuart, Meridian Water Superintendent, and myself. The initial understanding was that the Clarkes could not do anything on their property, except construction, until a fire hydrant was placed at the entrance to their property which had running water available to it or there was an alternative for fire water acceptable to Kenny Bowers. This meant that the Clarkes' driving range would be closed. Then the water holding pond was pointed out, with the well, and inspected by Mr. Bowers and Mr. Voss. It was then the understanding that the Clarkes could keep the driving range open for business using the small building (less than 6' X 6') and that the Clarkes could continue so operating the driving range, using the small building, until 4:00 o'clock p. m. on September 9, 1994. If two (2) inch rock was placed from Overland Road to within ten (10) feet of the holding pond that would support a fire truck the Clarkes could continue, past 4:00 o'clock p. m. on September 9, 1994, to operate the driving range using the small building until the fire hydrant at the entrance to the Clarkes property was placed and had water available to it. When the Fire hydrant was installed, which the Clarkes indicated would be in approximately two weeks, and had water available to it, the Clarkes could remove the two (2) inch rock if they desired. It was further the understanding that if the two (2) inch rock was not installed by 4:00 o'clock p. m. on September 9, 1994, the Clarkes would cease operating the driving range. They could however continue construction. The understanding in the paragraph directly above was the understanding of the parties at the termination of the meeting. I must point out that I use the word "understanding" rather than "agreement" because the City Council is the only entity that can reach an agreement on behalf of the City. I believe, however, that Clarkes did commit to the above and the those persons there representing the City would endeavor to honor the understanding. Mr. Corrie and I did have a discussion with Shari Stiles and Bruce Freckleton after our meeting. They indicated that a building permit could be issued after a development agreement was entered into and a drainage plan had been approved for the site. A drainage plan was submitted that was an unacceptable "sketch". Gary Smith indicated that either to the Clarkes or their engineer, JJ Howard Engineers. He also has sent a memorandum to the engineer, a copy of which I enclose without the documents referenced therein relating to the drainage. The building permit documents would also have to be acceptable to Meridian's building Inspector. Also, I must have somehow placed the development agreement that you delivered to in another file, but in any event I cannot find it. Share Stile also indicated that she did not have a copy of it. Would you please deliver anther draft to me. Very truly yours, WAYNE G. CROOKSTON, JR. Meridian City Attorney n MERIDIAN CITY COUNCIL MEETING: October 4.1994 APPLICANT: THE PLAYGROUND AGENDA ITEM NUMBER: 8 REQUEST: THE PLAYGROUND -REQUEST FOR APPROVAL OF A PHASED DEVELOPMENT PLAN AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT; CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS MeulemanMillerCummings TEL~1-2U~-SSb-y(11 September 2b, 1994 'VIA 'l~)<+:i,El+'/><~ 'IItANSMiS5IO1~I William Berg City Clerk Tllc City of Meridian Re: The Playgrcnlnd, Inc. Ucar Mr. Berg: Sep to yµ l~•~r wu.UlJ r.VL /'~ This letter serves as a formal request that the Cil.y Council approve a phased. development p1i111 for The Playgrouncl, a combination R.V. Park and recreational facility. In orclcr to present Ol1r proposal for your approval, we ask that you add this item to the agenda of the next scheduled City Council meeting. The Playgrouncl is currently a one-Phase development inchuling the driving range, RV perk as well additional recreation facilities to be btlill in the filturc. In order to contirnic ol)cr~lting our driving langc, we have been advised that it is necessary to phase our development so that we may acquire a temporary occupancy permit for our driving range. ()u1• proposal is to develop The Playgrouncl in three phases. The first phase is comprised of the Boll' driving range, a ticket booth and a parking lot that serves the driving range. At present, the driving range and ticket booth are constructed and fully landscaped in cornpliance with t::1ty requirements. At the date of this lctt mund will 1 av a providecl~a Slctte~ fa rc itblo as of 'I~iesday, September 27, 1994, The Playg guarantee completion of ttlc paving. Undoubtedly by the lime the City Council reviews this aphlicati~n, the paving will be complete. The second phase is gencrdlly the western half of the pmpert rk ; di Ade ~b at a~H~>n~r l..ateral. At this point all that remains to be completed ~n the RV pa p and constl•1.lction of a building which will Serve We R ~; aC1~ the Blast ~rmost botundary of ~he tiling the xiunter Lateral and extc,nding a 12 at ,issued for use of tllc RV park, 'fhc properly. Prior to any certificate of occupancy bcinl, file Playgmund will have to construct all improvements in accordance with City require-nents, the ditch and extelul the water line. Phase 2 has a co' ~; ~~ to 1pilct he Hunter Lateral plic)r lg~)S. II is i-nporlant to note that'Tl)e Playground h+1 SEP 26 '94 16 00 1 208 336 9712 PAGE.02 MeulemanMillerCummings TEL~1-ZU~3-SSb-y~11 /'~ a William Berg ScPtcml~cr 26, 1994 Page 2 Sep Lb y4 l~~Jr ivo.ulJ r.uJ b any issuance of a certificate of occupancy far the RV nark and in no event later than March 15, 1995. please 3 constitutes the remaining Portion of the Properly. Within the next year or two The Playground intends to erect a miniature golf coupe, batting cages and further landscaping in this area. Prig to the constn~clion of these improvements, The Playground will request the City for approval of consbvction of these items. 't'hank you for your cooperation in this matter. The Playground, Inc. .~ o~ Sue Clarke President SCldcs SEP 26 '94 16 00 1 208 336 9712 PAGE.03 MeutemanMitter[:ummings ~t~:"1 LU25-SJb-y(1L yep Lo yµ /'\ ~~ ti ~ LAw Ot;PICBS MEULEMAN, MILLER & CYJMMINGS 960 BROADWAY AVE., SUCTE 400 POST OFFICE BOX 933 BOISE, IDAHO 83701 RICHARD A- CUMMIIVOS KIMBAL L. OOWL~A~'IU CtUENTIN M. KNIP6• GEOFFREY J. MaCONNBLL•' SCOTT MuKAY•• wAYNE v MEULIiMAN ROBERT 1.. MILLER RICHnRU W. MOLLERUP KEVllVSATTERLE& 1J•JO IVU.UIJ r.Ul TELEPHONE [308) 34T-6066 TELBFAX (208) 336.9712 •L1C$NSLID IN IDAHO AHD WAS}{INI;TON ••'LICBNSRD W IDAHO wND CALiAORNin TELEFAX COVER LETTER_ Please deliver the following pages to: COMPANY: -t ATTENTION: V! TOTAL PAGES SENT: (Including cover page)/n DATE: ~ ~ v FROM: _~'' 6 ~ ~ C FAX NO.: ` FILE NO.: C TIME SENT: ~~ ~J SENT BY: IF YOU DO NOT RECEIVE ALL THE PAGES INDICATED, PLEASE CALL US BACK AS SOON AS POSSIBLE. DOCUMENTS TRANSMITTED: NOTES: ONFID 1 TICE THE INFORMATION CONTAINED IN THIS fACSIM1tE IS CONFIDENTIAL INFORMATION OR ATTORNEY WORK PRODUCT OR BOTH AND i5 FOR THE OCCLUSIVE USE OF THE INTENDED RECtpIENT LISTED A80VE ANY RFADINti. DISCLOSURE. USE OR REpR000GT10N OF THIS COMMUNICA'r10N OTHER THAN BY THE INTENDED RECIPIENT 15 PROH18RE0. IF YTHE COMMUNiCAT10N TO US VUTA US. MA~ E~OR, PLEASE NOTIFY US eY COLLECT TELEPHONE CALL IMMEDIATELY AND RETURN Original to Follow: Yes No FIEAL FS'fATE !AW CONSTi#JCI10N LAW . . BUSINESS LAW ' SEP 26 '94 15=59 1 208 336 9?12 PAGE. 01 SEP-26-94 MON 15:16 FARMER & MERCHANTS BOISE FAX N0. 208 343 7979 P, 01 • r FARMERS & MERCHANTS STATE BANK FAX COVER SHEET DATE : 9 0~ ~c • 9 SENT TO: ~ ~~ZZ~~~J • ATTENTION: FAX # : e'~87 - ;~~13 NUMBER OF PAGES SENT (Including cover baae) ~./ FARMERS & MERCHANTS STATE BANK FROM: Q~ FAX #. IF ALL PAGES ART NOT RECEIVED PLEASE CALL US INIl~DIATELY 343-7848 209 N. 12TH ST., P,O, BOX 9242 • BOISE, IDAHO 83707-9242 • (208) 3d3-7$48 SEP 26 '94 15:15 208 343 ?9?9 PAGE.01 SEP-26-94 MON 15 17 FARMER & MERCHANTS BOISE FAX N0. 208 343 7979 P. 02 FARMERS & MERCHANTS STATE BANK IRREVOCABLE LETTER OF CREDIT #294 Dated: .September 26, 1994 Expiration Date: November 26, 1994 Customer: The Playground, Inc. Re: The completion of paving in connection with the Playground driving range. City of Meridian 33 E. Idaho Meridian, Idaho 83642 We hereby authorize you to draw on FARMERS & MERCHANTS STATE BANK for account of The Playground, 2nc. at sight up to the .aggregate of SEVEN THOUSAND FIVE HUNDRED SIXTY-TWO AND 50/100 - -- - - DOLLARS ($7,562.50) available by your draft(s) at sight, accompanied by a .statement that the DEVELOPER has failed to perform or is in default. Partial drawings are permitted. We hereby agree .with drawers of draft(s) drawn under this Irrevocable Letter of Credit ~ 294 that the same shall be duly honored at sight. upon presentation to the BANK. F S & MERCHANTS STATE BANK Clarence Jones, President 209 N. 12TH, P.O. BOX 9242 • BOISE, IDAHO .83707-9242 • (208).34.3-78x8 703 E, 1ST, P.O. BOX 328 • MERIDIAN, 1DAI-10 83642-03~8 • (208) 888-1416 SEP 26 '94 15 16 208 343 ?979 PAGE.02 W W Z Z W Z H J ti o M Z~ N O o ... 0 UM n M Op 2 Q W N m O N c i ~ N M z N tD N u /`~ RECEIVEI~- AUG 2 2 1994 Bruce Freckleton ME'i110lANCITYENC~l~~~~' City Hall 33 E. Idaho St. Meridian, Idaho 83642 RE: DRAINAGE PLAN RV PARK THE PLAYGROUND Dear Bruce, August 22, 1994 Attached is a copy of the drainage plan for the above to'RtAa. Pte- sKER1 S-~,t.~.S ~clt captioned project. We are paving 8' ide strips at 1~ slope in the areas where the RVs will park. These strips will not contribute to any storm drainage to the drainage swales on the west end of the project. We are also paving a temporary section in the miniature golf course area for parking for the driving range. This area will simply drain onto the ground around it. If you have any questions, please feel free to contact me. ~EM6IMEE~. Sincerely, ~~SO~,~~G,STERE~ r.~~di 471 C- ~f ~~ ~ . J . Howard, P . E . 9'fl~SF pF \0~ ~. N4~ J. J. HOWARD ^ ENGINEERING & SURVEI.~~G 2626 N. 32nd Street BOISE, IDAHO 83703 (208) 344-0574 JO6 Thr .~/G u~r r'ovnd SHEET NO. / OF Z CALCULATED BY DATE `~ , /~ ~~ CHECKED BY ~/ ~ w~~~~ "~ DATE ......... .... ...... 4 ........... ~ f ~~ .................... ~M£ 3 tw ~~-t~ . -. a //~~ 3 ~~_l/~ ;..... _ _ ,~, cry _ r ~~ ~~ - ? -~-~ \ ~ ' d.7 _ _ _ __ _ _ . ~~EM611IEfA Rip' s~a'1' ~~~ S T RFd __ _ _ _ ry g ~ ,.. ~ _ ~ 3~, ~,G~D _ _ ~ F 0 F \~ FS ~` ~ H ~nooucrsa-, ~s~ur snwc~ 2~, ~vmaea~ ®®~c.srm~, ~sa.ma,.TCo~aan rou~e,aao-re~s3aa 3 MERIDIAN CITY COUNCIL MEETING: July 19 1994 APPLICANT: MICHAEL AND SUE CLARKE AGENDA ITEM NUMBER: 6 REQUEST: VARIANCE REQUEST AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: /-~ /1 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN APPLICATION OF MIRE AND 3UE CLARRE FOR A VARIANCE FROM 11-9-605, M TILING OF DITCHES AND A VARIANCE FROM 11-2-414 D FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for consideration on July 5, 1994, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, the Applicant, Mike Clarke appearing, and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the variance was published for two consecutive weeks prior to the scheduled hearing for July 5, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the July 5, 1994, hearing; that copies of all notices were available to newspaper, radio and television stations. 2. That notice of public hearing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-2-416 E., 11-2-419 D., and 11- 9-612 B. l.b of the Revised and Compiled Ordinances of the City of Meridian; that his requirement has been met. 3. That Ordinance 11-9-605 M., PIPING OF DITCHES, requires CLARRE VARIANCE - FINDINGS & CONCLUSIONS Page - 1 /'~ n all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to restrain access to said ditch, lateral or canal. That Ordinance 11-2-414, OFF- STREET PARKING AND LOADING FACILITIES, requires that no building or structure shall be erected unless permanently maintained off-street parking and loading have been provided in accordance with the provisions of this Ordinance and that the parking be paved 4. That the Applicants have requested to be granted a variance from the above Ordinance requirements and not be required to pipe the Hunter Lateral, the Cook Lateral or any ditches on the property, and that they not have to pave the parking areas until September 30, 1996. 5. That Mike Clarke stated at the hearing that Nampa- Meridian Irrigation District wants the ditch tiled; that he wants an attractive park; that the water is less than a foot deep; that if it were tiled he would have to remove the trees that are along the ditch; that he stated that there is a 36 inch pipe coming in and the water is 8 feet wide; that he would do a holdharmless agreement for the irrigation district and he would do maintenance of the canal. In regards to the paving he stated that he desires to use compacted gravel for two years instead of paving and that he would pave in two years; that he would pave the road around the CLARKE VARIANCE - FINDINGS & CONCLUSIONS Page - 2 /'~ ~ park; that he would have an 8-10 inch gravel base;~that he was in a financial problem. 6. The entire property. in question is described in the variance application and is incorporated herein as if set forth in full. ' 7. That the property in the area where the variance is requested is zoned Light Industrial. 8. That the Applicant does own the property. 9. That no testimony other than Mr. Clarke's was heard at the hearing. 10. That the Nampa & Meridian Irrigation District submitted written comment that it requested the City to deny the request for a variance of the piping ordinance for the following reasons: (1) There will be a tremendous amount of trash and debris generated by this facility. The trash will blow into or be thrown into the ditch and will cause an additional maintenance burden on the District. (2) Day-to-day maintenance will be an additional burden because of the activity created by a business such as this one. The activity will almost make it impossible to perform maintenance. (3) There will be children in a park such as this one and they will always be curious and play around and in the ditch which could be hazardous. 11. The Meridian Fire Department commented that as long as there is a good gravel base down, Meridian Fire Department will not have a problem. Gary Smith will need to approve this. CLARKE VARIANCE - FINDINGS & CONCLUSIONS Page - 3 /'~ 12. That the Central District Health Department submitted comment which was that they had no objection to the variance application. 13. That the comments of the .Meridian City Engineer, Gary Smith, are incorporated herein as if set forth in full. 14. That the City has previously granted variances from the piping of waterways; that all such variances have been where the pipe size to pipe the waterway would be in excess of forty-eight (48) inches; the Council has not granted a variance for any ditch where the pipe size was smaller than forty-eight (48) inches. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City has authority to grant variances pursuant to Section 11-2-419 of the Zoning Ordinance and pursuant to Section 11-9-612 of the Development Ordinances. 3. That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Subdivision and Development Ordinance upon which it may take judicial notice. 4. That the Council may take judicial notice of its own CLARKE VARIANCE - FINDINGS & CONCLUSIONS Page - 4 /'1 /'\ proceedings, those of the Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That the following provisions of Section 11-9-605 M, PIPING OF DITCHES, of the Subdivision and Development Ordinance are noted which are pertinent to the Application: "All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous, on both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. The City may waive this requirement for covering such ditch, lateral or canal, if it finds that the public purpose requiring such will not be served in the individual case. Any covering program involving the distribution system of any irrigation district shall have the prior approval of that affected district. ." 6. That the City Council has met to consider changing the Ordinance regarding the piping of large ditches; that the Ordinance may be changed; the decision that was made was that all ditches and waterways, except drainages, which require a larger pipe than forty-eight (48) need not be tiled or piped. 7. That the specific requirements regarding a variance that must be evidenced and found by the City Council, regarding the variance of the piping, are as follows: No variance shall be favorably acted upon by the Council unless there is a finding, as a result of a public hearing, that all of the following exist: a. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would be clearly impracticable or unreasonable; in such cases, the subdivider shall first state his reasons in writing as to the specific provision or requirement involved; CLARKE VARIANCE - FINDINGS & CONCLUSIONS Page - 5 /'~ n b. That strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the subdivider because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Ordinance unreasonable under the circumstances, or that the conditions and requirements of this Ordinance will result in inhibiting the achievement or objectives of this Ordinance; c. That the granting of the specified variance will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated; d. That such variance will not violate the provisions of the Idaho code; and e. That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Development Plan. 8. That there does appear to be a specific benefit or profit, economic gain or convenience to the Applicant if this variance is granted. 9. That the requirement of tiling ditches is a health and safety requirement. 10. That the irrigation district affected has demanded that this ditch be tiled. 11. That regarding Section 11-9-612 A. 2., regarding the tiling of ditches, it is specifically concluded as follows: a. That there are no special circumstances or conditions affecting the property that the strict application of the provisions of the ditch tiling Ordinance would clearly be unreasonable. b. That strict compliance with the requirements of this ditch tiling Ordinance would not result in extraordinary hardship to the Applicant and if there is any hardship it is financial and Applicant should have been aware of the financial commitments. CLARKE VARIANCE - FINDINGS & CONCLUSIONS Page - 6 /'~ /'1 c. That the granting of a variance would be detrimental to the public's welfare or possibly injurious to the public. d. That the granting of this variance would not violate the Idaho Code. e. That the variance would have the effect of altering the interests and purposes of the ditch tiling Ordinance which is included in the Subdivision and Development Ordinance for safety purposes. 12. That it is concluded that the Application for a variance from 11-9-605 M, PIPING OF DITCHES, should not be granted. 13. That the specific requirements regarding a variance that must be evidenced and found by the City Council, regarding the paving, are as follows: 11-2-419 C. FINDINGS "A variance shall not be granted unless (as a result of a public hearing) the Council makes a statement of supportive reasons based directly on the evidence presented to it which supports conclusions that the mentioned standards and conditions of this Ordinance have been met by the applicant and unless all of the following exist: 1. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would clearly be impracticable or unreasonable; 2. That strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Ordinance unreasonable under the circumstance, or that the conditions and requirements of this Ordinance will result in inhibiting the achievements or objectives of this Ordinance; CLARKE VARIANCE - FINDINGS & CONCLUSIONS Page - 7 /"~ n 3. That the granting of the specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated; 4. That such variance .will not have the effect of altering the interest and purpose of this Ordinance and the Meridian Comprehensive Plan. 8. That regarding Section 11-2-419 C it is specifically concluded as follows: a. That no special circumstances or conditions affecting the property that the strict application of the provisions of the paving ordinance would be unreasonable were shown by the Applicant, other than financial reason, which are self-inflicted and not a cause for a variance. b. That strict compliance with the requirement that the parking be paved would not result in extraordinary hardship to the owner because of unusual topography, the nature or condition of adjacent development, other physical condition or other conditions that make strict compliance with the pavement requirement unreasonable under the circumstances, or that the conditions and requirements of the ordinance will result in inhibiting the achievements or objectives of the ordinance. The Applicant made no such showing. c. That the granting of the specified variance would be detrimental to the public's welfare or injurious to other property in the area in which the property is situated. d. That such variance would have the effect of altering the interests and purposes of the paving requirement. 9. The reasons put forth by the Applicant for the variance of the pavement requirement were financial and that compacted gravel would work for two years; that such reasons are not sufficient; that a variance requires that the Council makes a CLARKE VARIANCE - FINDINGS & CONCLUSIONS Page - 8 /'~ statement of supportive reasons based directly on the evidence presented to it which supports conclusions that the mentioned standards and conditions of the pavement Ordinance have been met by the applicant; the standards and .conditions of the pavement requirement would not be met by the Applicant's use of compacted gravel. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) DECISION VOTED VOTED VOTED VOTED VOTED Based on the above Findings of Fact and Conclusions of Law it is decided the Application for a variance from 11-9-605, M TILING OF DITCHES and a variance from 11-2-414 D, DESIGN STANDARDS FOR OFF-STREET PARKING is denied. APPROVED: DISAPPROVED: CLARKE VARIANCE - FINDINGS & CONCLUSIONS Page - 9 JUL 19 '94 09 17 NMID /`~ P.2 its ~e '~~ ~,~d~ ~G~~ 1503 FIRST STREET SOUTH fV,4MPA, IDAHO 83651.4395 • FAX ~ 208.888.6201 .. 1g July 1994 :: a,~o ~ Zoe • OFFK~ Nampo 466.7861 • 8aise 343-1884 SHQP: Ncmpo 466-Q663 Me~ridi.an Planning & Zoning a~~ 3~-~a~ 33 East Idaho Meridian, Idaho 83642 Re. The Playground/Vaziance Request on Piping Requirements Dear Sirs: I have re-reviewed the request for a variance on piping the Hunter Lateral through the proposed Playground RV Park with Michael and 3u+~ Clarke. The Nampa & Meridian Irrigation District has no requ3.rements for piping any of our facilities- mhen a dEVelapment is done although both personally as well as occupationally, I feel that all facilities should be piped €or safety as well as operation and maintenance purposes. I have always believed that the policy on piping that the City of Meridian instituted will be a benef it to the commuanity in the future for various reasons. I believe that an acceptable alternative in the development of The playground would be to fence this facility. A #ence off of the District's easement should add an element of safety as well as security and insure the District's operation and maintenance. After reviewing the minutes from your July 5th meeting, I would like to go ofl the record as stating that I do not believe that I have ever in a-ny way alluded to the fact that I do not feel that the ditch should be piped or fenced. If #'urther il7formatson is xequired or i.f you attend a Planning and Zoning meeting on the this particular project, please feel free to S].nGerely, iy~~..ti ., =. t~~ ti~ ~~Tohn P. Anderson District Water Superintendent pcl: Each Director Secretary CAP the Board Bill Henson Michael and sue Clarke File would like to have me District's behalf on contact me. • • ~ - • _ } .. RECE~VJ~D . JUL i 9 1994 l~Yeridian City Engineer aPPROXiMATE iRR1GA8lE ACRE5 RCVER f1AW RIGI-ITS • 23,000 801SE PROJECT RK31°J75. 40.000 W W W ~~ J o M Z~ 0 N O o ... M a~ .~r _ `i ~ Q W N m O ~ T V1 c i ~ N t~! ^ Z N N /'1 Meridian City Council 33 E. Idaho St. Meridian, Idaho 83642 RE: PLAYGROUND R.V. PARK ROADWAY TYPICAL SECTION Dear Ladies and Gentlemen, /'~ July 18, 1994 J U ~. t 8 199~t The typical roadway section for the Playground RV Park as shown on the plans calls for 2~" pavement (future), 6" of 3/4" base and 6" of pit run gravel. This roadway section, not including the future plantmix pavement, if constructed to ACHD Standards, will support the traffic loads imposed by emergency vehicles. Sincerely, ~`EN~,INEf~.\ ~tio~'~~G1STfR~o •~d ` 2471 H . Howard, P . E . /L . S . 9'I~~SF OF ~~~PQ- J . H 0~ /~ /'\ MERIDIAN CITY COUNCIL MEETING: July 5 1994 APPLICANT: MICHAEL AND SUE CLARKE AGENDA ITEM NUMBER: 12 REQUEST: PUBLIC HEARING REQUEST FOR A VARIANCE AGENCY COMMENTS CITY CLERK: CITY ENGINEER: COMMENTS FORTHCOMING CITY PLANNING DIRECTOR: COMMENTS FORTHCOMING CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: ~ HUB OF TREASURE VALLEY ~ OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Pollee Chief WAYNE G. CROOKSTON, JR., Attorney 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 L` ~ ~ E ~~HARI STILES j,~ jl Zoning Administrator J U ~ ~ 4 jg~,,,JIM JOHNSON fJ~ an • Planning 8 Zoning Ci~~ '~' ~~= r`~~~:ki~iAN 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: June 28 TRANSMITTAL DATE: 6/13/94 HEARING DATE: 7/5/94 REQUEST: Variance Request BY: Michael and Sue Clarke LOCATION OF PROPERTY OR PROJECT: 1780 East Overland Road JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, CIC MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER A Good Place to Live CITY OF MERIDIAN MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PREUM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM ~ FINAL PLAT) BUREAU OF RECLAMATION(PREUM 8t FINAL PLAT) CITY FILES ~ YOUR CONCISE REMARKS: ~9~ ~ ~ HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA WILLIAM G.BERG,JR.,CItyClerk JANICE L. GASS, Clty Treasurer /'`~ a 'PVT ^ ITY OF MERIDI MAXYERRINGTON ROBERT D. CORRIE GARY D. SMITH, P.E. City Engineer `/ L 11 \ WALT W. MORROW BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO ~~i~~~l ES JOHN T. SHAWCROFT, Waste Water Supt. anner Zoning Administrator KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 f W.L. "BILL" GORDON, Pollee Chfef NSON ~ ~ J ~ ~ WAYNE G. CROOKSTON, JR., Attorney Phone (208) 8884433 • FAX (208) 887-4813 ha m ning s Zon~nS Public Works/Building Department (208) 887-2211 , _ CiA it .r'1 r,Yli.aS,-~1(tall 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: June 28 TRANSMITTAL DATE: 6/13!94 HEARING DATE: 7/5/94 REQUEST: Variance Request BY: Michael and Sue Clarke LOCATION OF PROPERTY OR PROJECT: 1780 East Overland Road 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 8t FINAL PLAT) U.S. WEST(PRELIM ~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8t FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES OTHER: ~ ~ ~~" YOUR CONCISE REMARKS: 0 . ,,.. A,~t NA u Q R r.-o b /~e.... . r-. ; tti t,u ; L (- N JQ ~ c9 __ fo RDA.-a c~ ~- C,v ..~ o ~v ~.s HUB OF TREASURE VALLEY ~~~L "~. ~L COUNCIL MEMBERS OFFICIALS A Good Place to Live } (1}j ~ ~ <~{l~ RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk I~ 3 MAX YERRINGTON GARY D. SM THS P.E. City Eng near CITY OF MERIDI ~~ MLII#~lI`~E~lyABT W. MORROW BRUCE D. STUART, Water Works Supt. SHARI STILES JOHN T. SHAWCROFT, wears water supt. 33 EAST IDAHO Planner s Zoning Administraror KENNY W. BOWERS. Fire Chief MERIDIAN, IDAHO 83642 W.L. "BILL" GORDON, Police Chief -.. JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-0433 • FAX (208) 887-4813 _ Chali an • Planning 8 Zoning Public Works/Building Department (208) 887-2211 ~ ~ _. GRANT P. KING'SFORD ~ - ,, _ . "~ Mayor _. .' ;.,I Iw ...............: ~ ...~T 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: June 28 TRANSMITTAL DATE: 6/13194 HEARING DATE: 7/5/94 REQUEST: Variance Request -- BY: Michael and Sue Clarke LOCATION OF PROPERTY OR PROJECT: 1780 East Overland Road JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MOE AUDJANI, P2 MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P2 ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P2 ADA PLANNING ASSOCIATION TIM HEPPER, P2 CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C!C SETTLERS IRRIGATION DISTRICT 806 CORRIE, C/C IDAHO POWER CO.(PREUM 8~ FINAL PLAT) WALT MORROW, CJC U.S. WEST(PREUM ~ FINAL PLAT) MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) WATER DEPARTMENT BUREAU OF RECI,AMATION(PREUM ~ FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: Nampa & Meridian Irrigation District POLICE DEPARTMENT is requesting that the City of Meridian deny the CITY ATTORNEY request for a variance on the piping ordinance for CITY ENGINEER the following reasons . (1) There will be a treme ndous CITY PLANNER amount of trash and debris generated by this facil ity. The *rash will blow into or be thrown into the ditch and will cause an_addi tonal mai ntenance burden on the niSr ri t C2) Dam to-day maintenance will he an add,t ional i i bllS1nPSS Srrh as thic nne The art,vlty t l b bur v t~ nen herauG of he art er y a rrea el nccihle l almnGt make it im to ~prfnrm mainten^nre ('~l There mill ha rhilcLr en w in i ark such as this one and they will always be curious and nlav around and in the sp ~irrh which could hp hazar dous. Thank you for givinE us the oRo~tuni v to r espond to _ this_reauest If you care to discuss the matter further, please feel free to cont~ me. ~~~ John P. Anderson, District Water Superintendent Nampa & Meridian Irrigation District /'t CENTRAL •• DISTRICT 'HEALTH DEPARTMENT Rezone # Conditional Use # Preliminary /Final /Short Plat (,~/~!`2 /fi/JGL ~~ cs`~Ui:ST /t~'//~'~ /i+'ND Svc G~~~C 7 ~~ ~ ~ G'~TZ va-N ~ Return to: ^ Boise ^ Eagle ^ Garden city ~'leridian ^ Kuna ^ Acz ^ I. We have Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 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: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 9. Street Runoff is not to create a mosquito breeding problem. ^ 10. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ I I. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ^ 13. ~~ ~~ l ~~~1 ~ S Date: ~' l 1 ~ l ~- Reviewed By: 4~ , REVIEW SHEET Environmental Health Division ~~ ~;,r a~= ~~ ~~~~ ~~ I:DHD 10!91 rcb. rev. I I/93 il', /'~ ~ HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chiet WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM TO: Mayor ouncil~£s FROM: Shari L. Stiles, Planning & Zonmg Admuustrator DATE: July 5, 1994 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman -Planning 8 Zoning SUBJECT: Variance Application to Waive Tiling Requirement for Hunter Lateral and Delay Paving Requirement Compliance until September 1996 -The Playground Hunter Lateral Tiling Reauirement The Hunter Lateral that courses through this property is being proposed as an amenity that will feature a pond to be used for imgation. Tiling would not serve the purpose of enhancing the attractiveness of the community and preserving existing natural features (trees). If agreement is reached with Nampa-Meridian Irrigation District (NMID), evidence of this must be submitted to the City. I would recommend approval of this portion of the variance pending NMID approval. Asphalt As this project has gone through development, the only questions citizens asked of me related to paving of the parking areas. Problems related to dust, mud, and aesthetics were major concerns. The Applicant has not shown undue hardship because of the characteristics of the site; the variance is in conflict with the public interest. Granting of this portion of the variance would confer on the applicant a special privilege that is denied by Ordinance to other lands, structures or buildings in the community. If Council does desire to grant this variance, I would request that a maximum of one year be placed on the completion date. As a development agreement is required, granting of variances of this type will greatly affect the terms of the agreement. HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live WILLIAM G. BERG, JR., City Clerk i S CITY OF MERIDIAN P.E. City Eng neer GARY 0. SM TH BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO JOHN T. SHAWCROFT, waste water supt. KENNY W. BOWERS, Fire Chfef IDAHO 83642 MERIDIAN W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney , Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAXYERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman ~ Planning d 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: June 28 TRANSMITTAL DATE: 6/13/94 HEARING DATE: 7/5/94 REQUEST: Variance Request BY: Michael and Sue Clarke LOCATION OF PROPERTY OR PROJECT: 1780 East Overland Road JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C 606 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 8r FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM ~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8r. FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8r FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: /'~ /'~ ~~~.~a~d7~~ CITY OF MERIDIAN 33 E. LDAHO AVE. MERIDIAN, IDAHO 83642 ~ u ~ o ~ ~ss4 VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) NAME : ~i e,~~ct~ ~ ~f ~ I~IC~v~-~ PHONE -322.-) ~~-~c (Owner or holder of valid option) ADDRESS : ~ C ~ SS ~ • ~1:A.\ 1~ ~-.L ~~~se. Td. • ~ 37c~-J GENERAL LOCATION: ~ E C +~~-~-• Ovc„ )~K~. °~' Lor~.cs~" U-rcv~~ ~ Yv z • ~.ecv 1 c{ ~+~ ~c7y LEGAL DESCRIPTION OF PROPERTY : Q ~~ ~~.,~ 1 e 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 : ~~ s re~~'e~ ~' ' ~ ~~o ~~ •• ~}-lc.zr ~ark;~ c _-~ ~ ~ o •~ a ~' -~-I~ go l~' ~r?v~~S rR vt ~-- ,,~ „,+; h~ 3~p+. 30, 19~I ~ / Z 1~- o'v't~ ~ J t f o~ '•FIw f~(3 u; T ~a..Q,-AE '~O `~'~• !~ `~- ~ r TG~ k NO uJ k QS Hu N `F<r la..-It-~./ ~~t ~'~la~ S I GNATURE : ~ic,.ei CITY COUNCIL RECORDS Date Received ~-L City Council Hearing Date ~}-6~.~ R it tea rk Received By fie, vs ~. 'rb ~., ..... _ ~ ~ ..~_ +~ h K 315.E eJ ~... )S ~!~ °y.:r..s~ J!1~! 0 ~ i9~~ APPLICATION FOR VARIANCE w • -:; ~d~ ~ 83642%d~a,si ::1 1. ADDRESS OF PROPERTY: 1780 E. Overland Rd. Meridian, 2. NAME ADDRESS AND PHONE NUMBER OF APPLICANT: Michael and Sue Clarke 4098 N. Jullion Way Boise, Id. 83704 322-1846 3. NAME, ETC. OF OWNER: same as above 4. PROOF OF OWNERSHIP: see attached 5. LEGAL DESCRIPTION: see attached 6. PRESENT USE OF PROPERTY: property is currently under development 7. WHAT IS INTENDED TO BE DONE WITH THE PROPERTY: Phase I - Golf driving range and RV Park; Phase II - a batting cage and miniature golf facility will be added. 8. THE DISTRICT THAT PERTAINS TO THE SUBJECT PROPERTY: 9. VICINITY MAP: see attached 10. SCHEMATIC BUILDING PLANS: previously submitted 11. A LIST OF MAILING ADDRESSES OF ALL PROPERTY OWNERS WITHIN 300 FT.: see attached 12. CHARACTERISTICS OF PROPERTY WHICH PREVENT COMPLIANCE: see #16 13. MINIMUM REQUIREMENTS THAT NEED TO BE REDUCED TO PERMIT PROPOSED USE: see #16 14. DIFFICULTY OR HARDSHIP WHICH WOULD RESULT IF REQUIREMENTS OF THIS ORDINANCE WERE APPLIED TO SUBJECT PROPERTY: see #16 15. UNUSUAL CIRCUMSTANCES WHICH INDICATE REGULATIONS SHOULD NOT BE COMPLIED WITH: see #16 16. STATEMENT THAT SPECIAL CONDITIONS AND CIRCUMSTANCES EXIST WHICH ARE PECULIAR TO THE LAND INVOLVED AND WHICH ARE NOT APPLICABLE TO OTHER LANDS IN THE SAME DISTRICT: This request is twofold: 1. A postponement of the paving requirement for the RV Park and the Parking lot of the golf driving range until Sept. 1996. 2. A waiver of the requirement to the the ditch known as "Hunter Lateral", which traverses the subject property. We plan to pave the RV park and parking lot of the driving range on or before Sept.30, 1996. Until then we will gravel the interior roadways ann the individual stations within the RV park and the parking lot of the driving range. The foregoing is necessitated due to unanticipated cost overruns resulting form the inept performance of our former general contractor. We have dismissed the former general contractor and have engaged a new contractor. We have viable plans to complete the paving, but need the city's indulgence. Regarding the tiling of the Hunter Lateral, we would like to use Hunter Lateral as a landscape feature. Running water would be an attractive asset for the use we have described for the property and is one of the things that attracted us to this particular piece of land. We have gone to considerable expense to trim and preserve the large, mature trees that are growing on the ditch bank and feel that they too are an asset ~} ~ If'~}~ _ '_ ; . ~ LEGAL bESCRIPTZON FOR ~ ~'~~~~'* :.' ~"`` . ~. '~ ~,;~''` , •~~~ ~ ' THE PLAXGROUND J~~ fl ~ ~~~~ {i ~F Lj]I >d4 : {~ ``. ( ~ x= s~ ,s,` ' ~~ EXHIBIT A y{ ~ = r~q ~,~.~1 1`~I) x111 !. +'.~,T f~•' , a~Y l• ~ bra, t;'l t~d33 ii ~i~ai is {r. ,, .~',+' 'r~.A~parcel•-+~of ~ land ~beinq •a portion of, the 5W ,1 /4 SW 1 /4 of Section I~' '~ ~~~~1.;7,'~i.T3N: ,~,R:1 E. ; B.M. , Ada County, Idaho, ., said parcel being ' ~, !~ , ~ t~ •~';+~~,mvral~•particularly deecribed'~ as follows s ~ ~ : . i~}~ a ' ' ~• ~ ~'`~'Comttiencing`~at,; the Srass Cap', marking the corner common to Sections ~t # :; b I~~,;•~ ~ `~-'~~7;•,18,'.19•~ and .;20, T. 3N,.', ' R.1$:' ~ B.M. , Ada county, .Idaho, ;said •• i• ~. x ~ u~'~ ~, '-point: being the REAL POINT OF ~ BEGINNYNG; ;r ':;~,~ ~ ~~' ~~threncei~w,N, 0°00' 07"E. ~ 462.55 'feet along the west line of said 1~~: ~F~i~~SW~}~rL~f4,,'of.,lSection ~7; .' ~~'~ "'~ ~ ,. ~ ,,r:, _, `'. *t~ence;l'oN.89°36'58"E. 893.00 ~ieet;• ,• ~ ~ •' ``' ~+ ~' ~,:; <<+~~thence,'+• N. 0 03 23 w. 585.36 Peet to, a .point of curve on the ;~t n ; r ~`~j; south right-of-yay of I-84; ~,.. ... ~ ~ , }_ ; ,, ~;;.~~r thence: ;along' a,~curve to the ;'left 935.18 feet, said curve having t 1i ;~4 l ~~'f'~~ , ~~•a~-;delta'`,of Z°;34' 53", a radius :of 9, 659.30 feet, tangents of ~'~'`~'~~. ~ ~ti4~~~!~~,?1:763,.~.feet, and.. a long chord: of 435.1 4 ;feet which bears , t , ~, ~ ,fir ~~k"~~~FwN~:'87 ~,4~'.04"E .'to a ~pvint of~~ending of • curve; 'I ~ •.,,, tj ' E I L, .N,{' I ... 4 ,~' 41:~,`'.f').~tkience,`•~leaving;,~said right-of-way, S.0°03'23"E. 1062.19 feet K. ~ ~ e• t,r != ~"= '~ ~"i•.7.along"the', east•~'line~ of~ said 5W 1 /4 SW~1 /4 to the SE corner. of .,r41 ~,Z = ! , ,r;=- `sa'id;~5wr :1• / 4 ~ •SW •'1 / 4 of Section ' 1 ? ; . ~' S F ..;Kls~ • •..., ...,emu , r• ~ ,,~,,j,thence,;~S~.89°36'58"W. 1328.30 feet to theREAL POINT OF • ~_~.,~ ~I~tBEGINNING' said parcel, containing 20.00 acres. ~. ~ . ' ,~ ~ ~ SUBJECT= TO • 3c ~~. • ~~K !' °~An ' ri` hts-of=wa of record or in; use:: 1122E{~i yr, g, ~ y 3t ''iN ~y~pt~~~,~ yeCp7~ t"JF1Y l~\ M 1 / „ ~., ~ , f ,~ '~1 ~1'M=~~i~f4. rt'•/~1't~~,a~ j' ~'~). rl ( .~,y. - 1• ~ •, ` , • ~ , ;• \1~}j'~iF a~1,7r tr'd`It ~IY7~! I ~. , ,} 11 la}}'' ~`h ~• I ~~ (~ j • 1 ~ ` ` I ! ~ r ;~ ;~'aj' ~~tt~,11rakti44'1~333#jI(TTT~+77ryi~t't,1 I ?; ' . `~~ ' ~ t"lUiVhLK 1 lIL1/ 'l.UN1Yt~i~l1 . OF ADA C~lTY ,.. ~:_ 821 West State Street /Boise, Idaho 83702 (208)336-6700 888 North Cole Road /Boise, Idaho 83704 (208) 377-2700 FILE 4124482 JLH/DC J. UAY~t~ I:~'J:~~;F(0 BOI I D PIUi~1~E;f: TITi.F Cfi~, ' 93 OCT 8 Pal 5 FEE~.~_ Dr_ RECORDED AT tic R~GUEST OF SPACE ABOVE FOR WARRANTY DEED (CORPORATE FORM) J ~ -~ 0 9 ~9~~ ;-. °: THE WESTPARK COMPANY. , INC . , a corporation organized and existing under the laws of the State of Idaho, with its principal office at P.O. BOX 344 MERIDIAN, IDAHO of County of ADA ,State of Idaho, grantor, hereby CONVEYS or GRANTS and WARRANTS TO D. MICHAEL CLARKE AND SUE CLARKE, HUSBAND AND WIFE of 4098 NORTH JULLIAN WAY. BOISE, IDAHO 83704 grantee(s) for the sum of TEN AND NO/100********~*********~****~~*~~***~~~*~~~~~~*~***************~* DOLLARS, the following described tract(s) of land in ADA County, State of Idaho: SEE "EXHIBIT A" ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE, MARKED AS EXHIBIT A AND COMORISING ONE PAGE. Location of above described property 1780 E. OVERLAND ROAD BOISE, IDAHO House No. Street The officers who sign this deed hereby certify that this deed and the transfer represented Hereby are authorized under a resolution adopted by the board of directors of the grantor at a lawful meeting held and attended by a quorum. In witness whereof, tl~e grantor has caused its corporate name and seal to be I~ereunto affixed by its duly authorized officers this 7TH day of OCTOBER , A.D. 1993 THE WESTPARK MP Y. , INC . (CORPORATE NAME) ~ =t By4 G JOHN 0 PRESIDENT Att~~ . SECRETARY '$T,ATE OF ZA~O ,County oi__ ADA __--, ss. HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS WAYNE S. FORREY, AICP, city Clerk CITY O F ME JANICE GASS, Treasurer RID IAN BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO JOHN SHAWCROFT, waste water supt. MERIDIAN IDAHO 83642 KENNY BOWERS. Fire Chief ~ BILL GORDON. Polite Chief Phone (208) 888-4433 GARY SMITH, P.E., City Engineer FAX (208) 887-4813 GRANT P. KINGSFORD Mayor T COUNCILMEN RONALD R. TOLSMA ROBERT GIESLER MAX YERRINGTON ROBERT D. CORRIE Chairman Zoning 6 Plannfnp JIM JOHNSON Centennial Coordinator PATSY FEDRIZZI TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Me~idlian Planning and Zoning Commission, may we have your answer by: 1" / / Gwt„u I J t1 ~y ~ ~ ~! y ~ '-/: DO D. i'1'f • TRANSMITTAL DATE : ~LtY1~ ~ - I~Q~S HEARING. DATE : 3'u1rt1L. gl''1Q3 REQUEST- ~ •~~X~.~rnn mnc~ Z~n~tna D~ 3~ a~c..r~ .~f ~T(('~ac~'.QS 1~L acres C-G~. ~ 11~ru VYI00/? 13Y : "T1~u tl~ 251 t~n.r k Coo LOCATION OF PROPERTY. OR PROJECT:_~~Y~p t~~~ ~. ~~ Z=$y "tn T~ StIU• S~a-tS 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 BDB GIESLER, C/C MAX YERRINGTON, C/C BRUCE STUART, WATER DEPT. JOHN SHAWCROFT, SEWER DEPT. _BUILD_ING INSPECTOR ~:- EI_ RE DEPARTME=NT ,' POLICE DEPARTMENT GARY SMITH, P. E. ENGINEER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE tPREL.b FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR. DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. tPREL. b FINAL PLAT) U. S. WEST tPREL. b FINAL PLAT> INTERMOUNTAIN GAS tPREL. ~ FINAL PLAT) BUREAU OF RECLAMATION tPREL. b FINAL PLAT) WAYNE FORREY, AICP, PLANNER CITY ATTORNEY l? `3 ~~ CITY FILES~}} .. ~ ~-; ~~ OTHER : /'~1~~,~t/~'/ / / 2r ,C~ Gtr ~ ~~~~ ~~s 05/03/94 11:55 '208 345 7650 /'\ -.. ACRD •. -~~ f~001/007 Post-It"' brand fax tr'~nsmittal memo 76, , r o~ ~~ - "~ ~ tx• Pno~a a ~ ~~ f. G ~. Rax A C5 ~3 ~ ~ Fax N T,~ y GLENN J. RHODES, President Si1ERRY R. HUGER, Vice President 1lZay 3 + ~~~¢ JAMES E. BRUCE.Secxetary Via ~a~~imil~ ' ~% .~,/ ME~I,ItYG,BDM Rick Clinton Building Department City Of Meridian 33 E. Idaho St. Meridian, ID 83642 RE: Meridian Development Overland & Locust Grave The Playground In order for the 1~istrict to approve the above noted project, tha following cond~.tions must be crs;nplied with, 1.. The applicant shall comply with the Site Specific Requirements as listed on the attached Inter--department Correspondence to the ACRD Commission w?nich was approved on April 20, ~99~. 2. The access locations and design are acceptable to the District. 3. The required deposit to the Public Rights-Of-Way Trust Fund fvr future sidewalks is calculated tca be $10,753,00. 4, A right-of-way permit must be obtained from ACHD for any street ar utility construction within the public right-af-way, ><Jtility cuts should be combined 'where practical to limit pavement dantage+, Contact Construction Services at 345-7667 for details. If you have any questions ar comments, please call me at 345-7662. Stuart C. Rich, Development Analyst Aevelopment Services SCR/scr cc; Project File Chron F.i 1e J.J. Howard ~d~ county highway district 318 East 37th • Boise, Idaho $3714 • Phone {2Q9) 345-7680 05/03/94 11:56 'x'208 345 7650 ACRD 0 002/007 z: GLENN J. RHQDES, Pres[dent SHERRY R. HUGER, V1c;e Proslderst JAMES E. 6RUCE. Secretary April ~1, 1994 TO: DR. MICHAEL & SUE CLARK 4o9s ~uLLION STREET SQIE ID 83704 F120M: Larry Sale, Supervisor Develapme~nt Services S~JECT: M.~txDZAN DEVET~QPMENT ovERLAND & 1,oCUST GROVE THE PLAYdRdIIND Your applicat~.on fox' the above referenced project was anted oq by the Commissioners of the Ada County Highway District on April 20, 1994. The attacitzed staff report lists the conditions of approval. ax:d street il:tpro~ctefients wh~.ch are requS.red. If yQU have any questions, please feel free to call me at 345-7680. LS cc: Development Services ChrQn I4ERIDIAN CITY HALL J.J. HdWARD ado county highway district 318 East 37th + Bols®, Idaho 83794 + Phone (208) 345-7t58D 05/03/94 11:57 x'20$ 345 7650 ACRD X1003/007 GLENN J. RHODE5, PreSldB[1t SHERRY R, HUGER, Vice President JAMES E. BRUCE. Secretary •au_ lilr..i1~.I ~+~iY{«al u'.i/,~ua: it~i~i: i~vG~,.vFriu2i~a`. a~rV1CE`S ~'r?TFR ~DFPARTME~~ COQ ~.~sF"JNDEPZLE MERDt?'OLG,'DSTE'eN 4-20-94 SUBJECT: Merid.~.all Development Overland & Lac~st weave The Playg~c~und {Applicant ~- Dr. Michael & Sue Claark; X098 Ju.llian St., Boise, ID 83704) {Representative - a.,7. Hawaxd, 2626 N. 32nd St., Boise, ID 837Q3) PRELIMINARY PLAT _ NdT FINAL UNTIL APFROV$D $Y THE ACID CE~NIlKISSxC7N FACTS & FINDI~iCsS ~.. '1'he Playground is a commercial develeapmtezxt which includes an RV park, a 36 hole miniture ge~l£ course, Gonvenierxce store, o£ficc space, snack bar and other amenities. 2_ GENERAL INFORMATI~; ACRES - ~.2 SQUARE FEET C1rF PROJLGTSD BUILDING W 3,670 ZONING ~- Cttt~unercial - C-G ESTIMA~'ED VEHICLE. TRIPS PER ]aAY - 3Q0 'T'RAFFIC ANALYSIS 2dNE - 286 L_F. OI' FRONTAGE C3N Overland Road. - 845-feet MUST RECENT TRAFFIC COIIN'1'S' -Dane available FUNCTIa1+1AL CLASSIFIC,A,TIpN 1 DESIGNATION -~ Minor Arterial AAA CO[JNTY AIDG$~~b-'RI-VERS PATI~,Y PLAN - NQ pathway slYOwn ffiCISTING RIGS'-QF-W,Ay - 5Q-feet REQUIRED l~IGTiT-OF-WAY - 9b-feet {4S-feet froaR centerline) Ov,arland Road is improved with 24-feet of paving. L.F. OF FRONTAGE ON Locust Grove Road - 420-feet MOST RECENT TRAFFIC COUNTS -None available FUNCTIONAL CLASSYFXGATIC)N MAP DESIGNATION -~ Lcycal ADA COTJN~'X' RIDGE-TO-RIVERS PATHWAY FLAN - No pathway shown EXISTINt3 RIGHT-OF WAY - 50-feet REQUIRED RIGHT-OF-WAY - 90-feet (45-feet from centerline) Locust Grave Road is a sec:tian line road that is improved with 24-feet +of pavin+~. 'the new E~ieridian Compreher~i.~re Plan. indi- ado county hl~hway district 318 fast 37th + Boise, idaha 83714 • Fhane (208) 345-7680 d5/d3/94 11:58 '~2d8 345 7654 ACS f~dd4/dd7 /"~ Meridian Development Overland & Locust Grove 3rti~. pZ.ayground April 14, 1994 Wage 2 sates that Locust Grave Road wi17 eveatuaZly crass over the interstate T-84 and staff recammeads t2~.at adequate right-of- w~.y be acquired. IMPACT FEE BENEFIT ZONE -West Ada IMPACT FEE' ASSESSMENT DISTRICT -Neal Rural 3. This application will be reviewed. at staff level by the Meridi- an Planning Department. The fallowing rec~,sirements are provided to Meridian PlanAing & 2aning as ca~nditions for apgro~ral. SITE SPECIFIC REQUTR• 1. Dedicate 45--feet of right-of-way from the centerline of Overland Road. abutting parcel { 20 additional. feet} . The owner will be. compensated for this additional right-of-way~fro~m. available impact free revenues in tha.s benefit zar~e. 2. Dedicate 45-feet of right-ot-way fry the centerline of Locust Grove Road abutting parcel {2C~ additional feet). The owner will be compensated foz tbxs additional right-of-way from available impact fee revenues. in this benefit sane. 3. Dedicate a 2G' ~ 2(1' triangle (ar appropriate curve} of right- af--w~,y at the corner of Overland Road and. I-oc~ust Grave Road abutting parcel to keep the street iiaprtavemerY.ts~ in the public right-of-way. 4. Provide a d+aposit to the Public Rights-of-Way Trust Fond at the District far the required street xtaprcvrxts . { 5~-foot sidewalk) on Overland Road abutting pascal. 5. Provide a~ deposit to the Public Rightsrof-i~ay Trust Fund at the Da.str~.ct far the regt~; red street improvea~ats (S-foot sidewalk) dA Locust Grave Road abutting panel. 6. Construct ~0-foot wide (minimum.} driv~rag aggraaches t15-foot min5.rcttUta radii & 20-foot desired} to Overland Raad~ at the pro- posed laeatians. s~ANnAan RE~uzRTs: 1. Submit aa.te dxainaq~:. plans and calculations for review. and. appropriate aGtiaA day ACfID. The proposed drainage system shall confQrm.tQ the requirements of the City of Meridian and shall retain all.starm water an-site. 05/03/94 11:58 $208 345 7650 ACID f~1005/007 /"~ • Mex`idian Develapmertt c3verland & Locust Gzavs~ Th4 Playgrauud April 14, 1994 Page 3 2 . A right--flf -way ,permit ~ must t~ ckbtai.necl from ACHI3 for any street or utility cc~nstru.ction. within the public rigl~.t--of- way. Utility cuts should be combined where pract3.cal to ~.,,,,~ Isaveme~xt damage. Contact Construetion Services at 345-7&67 (with coning file number) for details. 3. A request for mc5dif~.catzQn., variance or we.iver of any require- ment yr policy outlined herein shall be made, in writing, tv t'he l+~anager Qf Engineeriag Services within 15_ caleud$,r davs of the original Caa~i.ssican. action. The request~~shall include a statement expkairi7Y1g r„rhy such a regw.rement would result ~..~:t su3~stantial hare3shi}~ ar ,inequity. Should you have any gerestions or ccmmcer~ts, please contact the Developa~nt Ser~rice~s ~ivisian at 345-766. STAFF SUBMITTINd.: Larrv Sale DAT`E' OF CC~SSIC~i APPRdyAI,e r~ 05/03/94 11:59 $208 345 7650 `a \. _. _ ~~ nx~at-+ __.__ ~~ 1 ~M ACID f~j 006/007 {y ~ L ~ 13QC~~T) a ~ s ~ s ~ ~7 IOA I i ~ ~ ~ l ~ ~ ~ ~ ~ t T~ au~•x ~.~. ~ a { ~BI~~TS t E i 9L"NTL~`~ AVE. _. ~ ~ ~, ` `f 1 ~ ~8~.~ ~~~~ ,~ r "a„+,~ 1 ' ~ lxo.4~~ LL ~ 1 • SQBDSYIS~[OR .~ - S 4 ~~-, ~, ,~ ~ ~ r rr ~s~ ~ ~~ __ .!• ~ .r ~~ ~~ • y ~ ~ ~ ~, .~. - ,~ ..~ ~' ^~ '~ ...~ 05/03/94 . ~., ' ~~ {~ `~ ;~. ~;,, ,t ^.F ~j 'y 1 ~. ~4i A ~~ ~^ s i' ~`~~ psi R ~~' ' J --~~ G ~ ~! _„ _ M ~'' 7 -r ~ ~. i, l ~ `,~' iy~ _ ~ ~ 1 y i n~~ ~ ~ ~~ ~' ~, ~~ ~ ~ ~ ~ ~//rye ~ ~ at ,eo- P'rs ,c~ey p+rr. .eet ..w .dpt pvt ,p~+t r4t ,o ,rys ..- ..~ . ~ •- 1 - -- ;gYor. mono ur-~o~ -- -- ~'" ~ 0071007 12:00 '®'208 345 7650 ACRD HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney March 17, 1994 Mrs. Sue Clark Re: The Playground Site Detai]s Dear Mrs. Clark: GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAXYERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman -Planning & Zoning The last submittal for The Playground does not fully address the items outlined in my previous letter. Compliance with the City's Ordinance and conditions put upon the development at time of application need to be addressed. Please resubmit with the following details: 1. Detailed site plan showing landscaping and irrigation plans, including tiling of ditch or agreement with Nampa-Meridian Irrigation District outlining plans for Hunter Lateral. If this ditch is not tiled, a variance will be required. 2. Detailed parking plan showing handicap access and fully dimensioned parking spaces. Our Ordinance requires that parking spaces be 19', not 18' as shown on your current plan. Also show details of how the areas will be surfaced. 3. Plan of golf course/playground area to scale. 4. Security lighting plan. 5. Placement of trash receptacles and screening in accordance with City of Meridian Ordinance. Please resubmit with the above details as soon as possible. Please call if you have any questions. Sincerely, CITY OF MERIDIAN ~ << ~~~~ Shari L. Stiles Planning & Zoning Administrator A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887813 Pubiic Works/Building Department (208) 887-2211 cc: Rick Clinton HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney March 10, 1994 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 Mr. J. J. Howard J. J. Howard Engineering/Surveying 2626 N. 32nd Street Boise, ID 83703 Re: The Playground Site Details Dear Mr. Noward: COUNCIL MEMBERS RONALD R. TOLSMA MAk YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman ~ Planning 8 Zoning The City of Meridian is in need of additional information to check your plan for compliance with the City's Ordinance and conditions put upon the development at time of application. The cover sheet containing the notes we have received is only a concept and is not drawn to scale. Items required include: 1. Detailed site plan showing landscaping and irrigation plans, including tiling of ditch along Overland Road. 2. Detailed parking plan showing handicap access and fully dimensioned parking spaces. 3. Building plan details showing all hookups and use. 4. Plan of golf course/playground area to scale. 5. Security lighting plan. 6. Detailed plan of what is being proposed for the Hunter Lateral. 7. Include note that all construction will be in accordance with the Uniform Building Code and all signs in accordance with the Uniform Sign Code and City of Meridian Ordinances. 1 ~ ~ Mr. J. J. Hward March 10, 1994 Page Two These details should be provided at a minimum scale of 1" = 50'. I believe the Public Works Department has additional requirements they have discussed and/or written you about. Please call if you have any questions. Sincerely, CITY OF MERIDIAN ~, ~j ~~~ `~-~' Shari L. Stiles Planning & Zoning Administrator cc: Rick Clinton !'\ .~1 ARC-I 199:I TO tiI AYOR aND CITY CGL`itiiJ IL RE: THE PL_AYGROLTND LOCUST GROVE ~Ni~ UVERLAND SUBJECT: LVATER REQUIRE\,I£hTTS FOR FIRE FLOW ~rTER RECEIVING THE PLANS FOR THIS PROJECT T3-iIS MORNING. I HAVE DF?'ER~IINED THAT THE FIRE FLO~~' Fig THE B; -,1.uI~tGS IS U~;~i`~~G TO BE AT LEAST 3500 G.P.iii. IF TIDE CITY CANNOT 5 UPPLY THIS AMOUNT THEN THE BUILDINGS ZV ILL REQUIRE ~A FiRE SPRINKLER SYST£i4-i. THE R.V. PARK «'ILL REQUIRE .AT LEAST TZVO OR MORE FIRE HYDRANTS, THAT PLOW 1000 G,P,NI. AND THE BUILDINGS `VILE REQUIRE AT LL_=SST .1500 G. F.I. FROM FIRE HYDRANTS. IF WE CAlti' ~P ~?F :AlyT~'' 'viORE HELP, PLE ~ SE TALL. ~~ RAYMOND L. VOSS FIRE ~I_=~RSnAL ~~ N~. ~~ ~~~~~~'~ t~r~~ - 7 ~v~c} p. March 3, 1994 Will Berg City Clerk Meridian, ID Dear Mr. Berg, My wife and I are currently working to open "'P.he Playground". This is a nroior,t that wi.]_1 have a driving range, R.V. overnight campinc7, 36 holes of miniature golf, and batting cages. In taking plans in for review it was stated that we must install water main several hundred feet beyond where it is needed. As this will con- stitute a considerable hardship I request the opportunity to petition the city council to waive this requirement at the city council meeting on 3-15-94. Please put us on the agenda for the meeting. Your assist- ance is appreciated. Sincerely, Dr. Michael Clarke ~Y ~ ,~Ca7 ,i ~i1 ~n FARMERS & MERCHANTS STATE BANK IRREVOCABLE LETTER OF CREDIT #294 Dated: Septeanber 26~ 1994.. Expiration Date: November 26, 1994 Customer: The Playground, Inc. Re: City of Meridian 33 E. Idaho Meridian, Idaho 83642 The completion of paving in connection; with the Playground driving range.Y We hereby authorize you to draw on FARMERS & MERCHANTS STATE BANK for account of The Playground, Inc. at sight up to the aggregate of SEVEN THOUSAND FIVE HUNDRED SIXTY-TWO AND 50/100 - - - - DOLLARS ($7,562.50) available by your draft(s) at sight, accompanied by a statement that the DEVELOPER has failed to perform or is in default. Partial drawings are permitted. We hereby agree with drawers of draft(s) drawn under this Irrevocable Letter of Credit # 294 that the same shall be duly honored at sight upon presentation to the BANK. F S & MERCHANTS STATE BANK Clarence Jones, President .: 209 N. 12TH, P.O. BOX 9242 • BOISE, IDAHO 83707-9242 • (208) 343-7848 703 E. 1ST, P.O. BOX 328 • MERIDIAN, IDAHO 83642-0328 • (208) 888-1416 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. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH 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 WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE TO: William G_ Ber , Jr., Cit C~er~ayor ~~ ~ ~ ~~~ ~ri FROM: Shari Stiles, P&Z Administrator DATE: May 9, 1996 SUBJECT: The Playground Subdivision -Bonding Requirements COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY Bonding for the landscaping improvements are not required for your signature on this final plat. The 35-foot landscape setbacks will be improved according to site plans approved prior to building permits and/or certificates of occupancy being issued on Lots 1 and 2. No changes in use for any lot in this subdivision will be allowed until this condition has been satisfied. Thank you. If you have any questions, please do not hesitate to contact me. cc: Michael and Sue Clark Ted Hutchinson, Tealey's Land Surveying MAY - ~ ~~~6 CITY OF ~~:~~ 3 E. Idaho _ ~` .~; Y',E;° ~ "~:, Meridian, Idaho 83642 ! I=' •' 888-4433 ~ ` , .' '~~ ~`' Customer s Order No. Date ,~ 'l 19 Name Address Phone: SOLD BY CASH C.O.D. CHARGE ON ACCT. MDSE. RETD. PAID OUT 5 3 ros I 5oa ~ av I I I Q, ~ I - -~ as-l~~b I I All claims and returned goods MUST be accompanied by this bill. I TAX 0 0 5 718 Byceive ~ TOTAL /~ VJ [V[ l pRINTEO IN U.S.A. ~a,&,~~„ - , 'r. i 5365 'AY ~MOUN ~F DATE ~I~ I~ 31011 92-9-1241 CHECK AMOUNT $ l~O . ao sea,ny o.~0e°r. ~ e.a nv EXPLANATION AMOUNT THE PLAYGROUND SPORTS & RV PARK 1780 EAST OVERLAND RD. MERIDIAN, IDAHO 83642 RV PH. 208-887-1022 ~1/~~~ I DOLLI GROSS flCA i STATE ~ I. ~ ~ i NUM TO THE ORDER OF TAX TAX I I 1 I I i I ~ \ _ • ; ; I I I 53 I I I 1 I i I 1 i DESCRIPTION FIRST INTERSTATE BANK OF IDAHO, N.A. MERIDIAN, IDAHO 83642 II'0053651I' i:L24L000931:4L30222 Hub of Treasure Vaiiey" 33 E. Idaho Meridian, Idaho 83642 888-4433 ,...; ti~:~~::. } /; :., . Customer's Order No. Name Date ~~.~~(.'[,~ 19 Address ~~~~ -~ ~ ~~~ ~ pp Phone: ~~ ~~ US~ SOLD BY ~ CASH C.O.D. CHARGE ON ACCT. MDSE. RETD. PAID OUT c r Sd ~' ~ _- ) l I I I I I l ~~ l I I I I I I All claims and returned goods MUST b ccompanied by is blll. TAX I 0 0 5 7 2 5 Bycei ed TOTAL ~ S~ ~ iQ[5 GS 204-Y PRINTED IN U.S.A. ~t z ;~ ~` , ~''~~/}}''jj~~, „,,, g~,~ - ~-~~ ~V!~!w~6U/ .... _ . y i KEY BANK OF IDAHO ~~~~~ P.O. BOX 2557 2049 Commerce Ave. BOISE, IDAHO 83701 Boise, Idaho 83705 ~~~`~ (208) 336-1850 CONTRACTORS EQUIPMENT SUPPLY COMPANY 92-155/12- Check Number 2 1 5 6 9 Pay Exactly ***One Thousand Five Hundred Dollars & 00/ 100**************•** ~~. ~'" ~ To the Order Of City~~of Meridi~~ ~~ ~. ~~--:, .. ,m r ~-.~ Date Amount 5-8-96 $1,500.00 CESCO /Contractors Equipment Supply o. BY 8Y ~- 11'02L56911' ~:L24LOL555~:L2590C ~LII' ~ ~ m ~ ~ ~ o~- z o '~ _ Dm DO1 o?~ ~nm w W 2 O N n D N ~ v z a- _ r ~ ., . - _ . . U, °~~ ~; - ,.>J D m Z } -'~ m ~ ~ o 3 ~ mm < °O r ~^ ~ o~"C oo 9 =DMZ z ~oov • o T (n ~ v0~~ N ? ~ V1 ro p . ~ C 9 - ~ X z O z CITY OF MERIDIAN "Hub of Tti'easure Valley" 33 E. Idaho Meridian, Idaho 83642 888-4433 .~;,~ Customer's I D 3 O p c ~ z z r -~ c r s D m m~ ~ ~ I I ~ ~ s m ~ ~ (~ N ~~' ~ p m ~? 3~~ C C7 .n7 a ~ ~~ ~ W ~ 1 '~^ Order No. Date ~~,~~ lg Name Address Phone: SOLD BY CASH C.O.D. CHARGE ON ACCT. MDSE. RETD PAID OUT X365 I I I I I I I I I I I I I I I All claims and returned goods MUST be accompanied by this n+~i. ~ TAX 0 0 5 718 Byceive ~ TOTAL /~ V S 101 'L PRINTED IN U.S.A. HUB OF TREASURE VALLEY 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. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 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 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor May 3, 1996 Sue Clarke Playground, Inc. 1780 E. Overland Road Meridian, ID 83642 887-9724 Re: Bonding For Improvements for Playground Subdivision Dear Ms. Clarke COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY The following improvements are required to be completed or bonded before the plat to be recorded will be signed. 2 street lights at the ACRD approved driveways/entrances @ $1500.00 each 35' of landscaping along E. Overland Road and along Interstate 84 - quote needed There was a question concerning sewer hook-up for Lot 1 as it is needing to drain to the east with anew-sewer trunk line. After discussing this item with Ted Hutchinson, he pointed out the Health Certificate required from Central District Health before any hook-up would be allowed. Our City Engineer has stated sewer service for this lot must come from the east. Please be aware of this requirement for future development of this lot. If you have any questions, please contact me. Sincerely i~ Will Berg City Clerk ** TX CONFIRMATION REPORT ** AS OF MAY 07 '96 09 20 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 03 05/07 09 19 3850696 OFFJ • AI S WILLIAM G. BERG, JR.. Gty Clerk JANICE L. GASS, Clry Treaburer GARY D. SMITH, P.E., Clry Engineer BRUCE 0. STUART, Water Works Supl. JOHN T SHAWCROFT, Weste Water Supk DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chlaf W.L. 'BILL' GORDON, POIICa Chief WAYNE G. CROOKSTON, JR., Attorney May 3, 1996 Sue Clarke Playground, Inc. 1780 E, Overland Road Meridian, ID 83642 887-9724 ROBERT D. CORRTE Mayor Re: Bonding For Improvements for P' Dear Ms. Clarke Q The following improvements are requir< plat to be recorded will be signed. 2 street lights at the ACRD app $1500.00 each 35' of landscaping along E. Overland quote needed rnLlnrlL b"EM0FR5 WALT W. MORROW, President RONALD R. TOLSMA CHAALES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOV There was a question concerning sewer hook-up for Lot 1 as it is needing to drain to the east with a new sewer trunk line. After discussing this item with Ted Hutchinson, he pointed out the Health Certificat® required from Central District Health before any hook-up would be allowed. Our City Engineer has stated sewer service for this lot must come from the east. Please be aware of this requirement for future development of this lot. If you have any questions, please contact me. Sincerely ~~~~ ~~%~i~ Will Berg City Clerk MODE MIN/SEC PGS CMDtt STATUS EC--S 00'29" 001 037 OK F;!UD OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST 1pAH0 MERIDIAN, IDAHO 83642 Phone (208) 888.4x33 • FAX (208j 887jt813 Public WorksB~ildiag Depatvncnt (ZDB) 897-2211 Motor Vehicle/Drivcrs License (208) 8B81W43 Post-it° Fax Note 7671 Date a~as- To ~/ GL. From co~Dapt. ca. Phone # Phone # Fax # Fax # .gad and along Interstate 84 - ~-~~~~~~ A~'R 3 0 ~ interoffice M E M O RA N D U M to: Mr. Will Berg, Jr. -City Clerk cc: File from: Gary D. Smith, PE re: The Playground Subd. - al Plat Signature date: April 30, 1996 Will: Here is the mylar sheets no. l ~ 2 for this project. I have stamped and signed sheet no.2 as City Engineer approving the plat. I have talked with Shari about several issues involving the ACHD, Covenants and the Development Agreement. Shari is apparently comfortable with these issues. As a side-note, CESCO is entering into an agreement to purchase Lot 1, which is the driving range, and relocate their constriction. equipment dealership from Boise. I have asked their representatives what they intended to do for sewer for their administration building and they tell me Shari said they could sewer into the line provided for the R-V parking site. I have talked to Shari about this and she tells me she did. not tell CESCO that they could use this sewer line. This sewer line is not available for sewering anything more than a support building for the driving range operation. I have written a letter to the Clarlces so stating this. After you sign the plat I need to have a blueline print made of each sheet prior to returning it to the applicant. from the desk of... Gary D. Smith, PE Public Works Director City of Meridian 33 E. Idaho Meridian, Idaho 83642 208-881-221 I Fax:208-881-1191 or 208-887-4813 MERIDIANw CITY COUNCIL MEETING: October 18 1994 APPLICANT: THE PLAYGROUND AGENDA ITEM NUMBER: 14 REQUEST: DEVELOPMENT AGREEMENT AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this 13th day of October, 1994, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party of the first part, hereinafter called the "City", and THE PLAYGROUND, INC., an Idaho corporation, party of the second part, hereinafter called the "Developer", whose address is 4098 North Jullion, Boise, Idaho 83704. WITNESSETH: WHEREAS, the Developer is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho; described in Exhibit "A', which is attached hereto and by this referenced incorporated herein as if set forth in full; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning of land; and WHEREAS, the City has passed development ordinance 11-2-417D, which authorizes development agreements upon the annexation and rezoning of land; and WHEREAS, the Developer has submitted an application for annexation and zoning, or an application for rezone, of that certain property described in Exhibit "A", and has requested zoning of C-G; and WHEREAS, the Developer desires to make certain commitments regarding the development of the land and certain improvements to be made thereto; and DEVELOPMENT AGREEMENT - 1 MM&C 1571.02 10/07/94 WHEREAS. the City has authority to place conditions and restrictions upon annexation or rezoning of property; and WHEREAS. Developer deems it to be in its best interest to be able to enter into this agreement and acla~owledges that this agreement was entered into voluntarily and at its urging and request; and WHEREAS, the Developer, as sole owner of the land, has made request to the City to have the land annexed to the City and, as part of the annexation proceedings, the City has adopted and approved Finds of Fact and Conclusions of Law; and WHEREAS, the Finds of Fact and Conclusions of Law required that the Developer enter into a Development Agreement; and WHEREAS. the City, in the Findings of Fact and Conclusions of Law, annexed the property subject to de-annexation if the Developer did not enter into a Development Agreement. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: Developer agrees, and hereby binds its heirs, successors and assigns to this agreement, in consideration for the annexation, rezone, or the non-de-annexation of the area, as follows: 1. The above recitals are contractual and binding and are incorporated herein as if set forth in full. 2. That Developer will, before annexation, or de-annexation, file or cause to be filed with tl~e City Engineer, a complete set of Improvement Plans showing all streets, entry drives entering the property from Overland Road, utilities, pressurized irrigation facilities, fire hydra~lts, extension of sewer lines to and along the exterior boundary of such property, tiling and extension of water through the Hunter Lateral, extension of domestic water to the DEVELOPMENT AGREEI`~fENT - 2 MM&C 1571.02 10/07/94 easternmost boundary of the property in phases unless development occurs to the east (in which case service will be provided immediately), drainage, and other similar signage and barricades, and other such improvements contemplated within the development, which Plans and all improvements shown thereon shall meet the approval of the City Engineer. Said Improvement Plans are incorporated herein and made a part hereof by reference. 3. That Developer will, at his or their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs and gutters, sidewalks, pressurized irrigation system, the the Hunter Lateral, electrical transmission lines, natural gas lines, telephone lines, sidewalks, cross drains, street, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Improvement Plans. 4. That Developer will construct and install all such improvements in strict accordance with the approved Improvement Plans, and the City Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the time the construction of said improvements is accomplished, or as otherwise agreed between Developer and the City. 5. That Developer will provide the City Engineer with at least fifteen (15) days advance written notification of when and what portion, or portions, of said improvements he intends to complete and the time schedule therefor; and agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the City Engineer. 6. That Developer will have "corrected" original drawings of the Improvement Plans of all said improvements prepared by a registered Professional Engineer and will provide the DEVELOPMENT AGREEMENT - 3 MM&C 1571.02 10/07/94 City with said Plans or a duplicate mylar copy of said Plans. The Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location (both horizontally and vertically) of the various water and sewer lines, all utility lines, and pressurized irrigation lines and their individual service lines, the curb and gutter alignment and grades, etc. The corrected Improvement Plans shall include a "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans of the various improvements are true and correct and that he (the Registered Professional Engineer) has inspected the construction of the various improvements (water lines, sanitary sewer lines, pressurized irrigation lines, gas lines, electricity lines, storm drain lines, curb and gutter, street paving, etc) and that the materials for and the installation of the same were all done in collforn~alice with the applicable City Standard Engineering Drawings and Standard Engineering Specifications governing the construction of these facilities. 7. That Developer shall, immediately upon completion of any such constructed portion, portions, or the entirety of said development, notify the City Engineer and request his inspection and written acceptance of such completed improvements or portion thereof. 8. That Developer agrees, upon a finding by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion, or portions, or the entirety of said improvements need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the City, the Developer will thereupon, within a reasonable time, construct said needed improvements, or, if he does not so construct within a reasonable time after written notification of such Council action, and the City thereafter determines to construct, and does constrict such improvement, or improvements, the Developer will pay to the City the DEVELOPMENT AGREEMENT - 4 MM&C 1571.02 10/07/94 cost of such construction, in such manner and under such terms as the City shall order after conference with the Developer. Provided, however, the City Council shall not make the finding set forth in this paragraph except at a regular or special meeting of the City Council and unless the Developer has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be present in person or by counsel. and to be heard on the merits of the proposed finding. 9. That Developer agrees that upon his, its, or their having received written notification from the City Engineer, that any of the requirements herein specified have not been timely complied with, that the City shall have the right to withhold the issuance of any Certificates of Occupancy within such annexed area and/or shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed area lentil such time as all requirements specified herein have been complied with; provided, however, the Developer shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its decision shall be final, except that the rights of the parties are preserved by law and equity. 10. Developer agrees that, in the event any of the improvements or payments required Herein are not timely installed or paid, the City may, at its sole option, within ten (10) days written notice to Developer, install the improvements and declare the entire cost of said improvements or unpaid balance to be immediately due and payable and may seek to collect such DEVELOPMENT AGREEMENT - 5 MMBcC 1571.02 10/07/94 s~lms in the manner provided by law, or may pursue any other remedy set forth herein or as may be available in law or equity. In the event of any such declaration, all sums due shall bear interest at the prime interest rate of First Security Bank of Idaho, plus five percent (5 %) per annum, until paid. Provided, however, the City Council shall not make the finding set forth in this Paragraph except at a regular or special meeting of the City Council and unless the Developer has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be present in person or by counsel and to be heard on the merits of the proposed finding. 11. That Developer agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement, to secure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, pressurized irrigation system, the for Hunter Lateral, streets, curbs, gutters, sidewalks, landscaping and berming. In the event of Developer's failure to complete such installation, the City may install such improvements and, without notice, foreclose this Agreement as a mortgage in accordance with the mortgage foreclos~ire laws of the State of Idaho; provided further that upon request of the Developer, the City will execute and deliver a partial release of the lien created herein against all or any portion of the subject land, upon completion of that portion of the total improvements installed which relates to the percentage of improvements that have been installed as compared to the total amount of improvements. The City shall also execute and deliver a partial release of the lien created herein for the installation of curbs and gutters upon Developer's deposit of monies required by the Ada County Highway District into the Public Rights-of-Way Trust Fund. DEVELOPMENT AGREEMENT -6 MM&C 1571.02 10!07/94 The City further agrees that, upon request of Developer, the City will, by written agreement, subordinate the lien created hereby, to any mortgage, deed of trust, or other security device required to secure the payment of any loan or advance made to Developer for the sole purpose of financing the construction of improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall first warrant and represent in writing that it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will take reasonable precautions usual and customary to the financing and lending industry to ensure that the loan proceeds or advances will not be used for any other purpose. The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under 11-9-6O6C of the Revised and Compiled Ordinances of the City of Meridian, to insure the installation of the improvements, and the Developer agrees to provide such, if required by the City. 12. That Developer agrees that those portions of the water main or the sariit~iry sewer line, for which the City has expressly agreed to enter into a late comers agreement, if any, for including any water or sewer line extensions, increased line size or capacity, are required because of future service needs originating from properties not owned by Developer and located within the vicinity of the subject development, that sound planning requires construction thereof at the present time in order to accommodate future expansion and development. In recognition of the cost savings which can be accomplished by construction of such excess capacity and/or improvements concurrently with the facilities to be constructed for Developer's purposes, and the impractability or impossibility of constructing such excess capacity and/or improvements DEVELOPMENT AGREEMENT - 7 MM&C 1571.02 10/07/94