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Salmon Rapids Subdivision FPSURVEY ^_PLAT INSTRUMENT N0. qty o~ ~Q r -~ ~ SURVEY N0. ~j Q ~ Q NAME OF SURVE ,, .. ..,. ~ Y PLAT COPY BOOK PAGE THRU Y ~ N 1 SURVEYOR ~ \ C1''1 Q, 2' ~ Q ~ n SUBDIVISION NAME ~-" OWNERS AT THE REQUEST OF COMMENTS I._, D~~S ~ -i ~ C~ . ~ 1J1 [~C'~ 2 13~) ~ ~~ 9607617` :C~R~ ... J~•~r i., ,;r:~1:i~:~lCi 3~~s~ ,~ '96 SEP 12 A(~ 88 3~5~,,~ F E E ~ 0 ~ i' ~~-i-?~' RECORl;cO ,i [ii.?i=GUEST OF ,~ ~{',~ ~: ~.s P.02 r /~ /~ ~ ~ nom, ~~ ~ 503 FIRST STREET SOUTH ~ NAMPA, IDAHO 83651.4395 FAX # 208-888.6201 13 April 1995 Phones: A+ea Code 208 :OFFICE: Nampa 466-7861 Boise 343.188d SHOP; Nampo d66-0663 Boise 345.2d31 Marty Goldsmith 4550 West State ; Boise, Tdaho 83703 Re: Salmon Rapids Subdivision - Pressurized Irrigation System pear Mr. Goldsmith: At this time, Nampa & Meridian Irrigation District is not assuming operation and maintenance of the pressurised irrigation system in Salmon Rapids subdivision; therefore, we cannot approve the system. The possibility still exists that the District will assume the operation of this system at a later date. I did do an on-site inspection of the installation of the irrigation system for Salmon Rapids Subdivision and found that the system's installation was adequate and the pipe does meet Nampa & Meridian Irrigation District's specifications. Z'he pressurized irrigation system for Salmon Rapids Subdivision should be adequate for the entity that does the. operation and maintenance. If you have any further questions, please .feel free to contact me. sincerely, ,',~Cl +~~~~ Bill Henson Assistant water superintendent pc: Each Director Secretary of the Board Di~striat Water Superintendent City of Meridian File APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS • 23,000 201SE PROTECT RIGI•ttS - 40,000 APR 14 '95 12 39 PAGE.02 P_01 ^ ^ ~a~u~e~~ ~er,~e~jze~~ FAX TRANSMISSION COVER PAGE Date• y ~ i~,t - AS' To: W: c.~ ~ r~ Return Fax No. (208) 338-3790 ~'B'7 - rt~'i~ From: G Su>;ject: ,QeLr.gs~ 5,x..;4 •-~,,drT~n~~---P°.,-°-~'T" Total Number of Pages Includine cover page: ~~ Special ir-structions or message: _ ._ _ ~~' Wr~LL a ~ PLEASE ADVISE IF XOU DO NOT RECEIVE ALL OF THE PAGES TR~LNSMITTED APR 14 '95 12 39 PAGE.01 /~ /'~ CENTRAL •• DISTRICT i~THEALTH DEPARTMENT MAIN OFFICE • 707 N. A~iV1SiRGiVG NL • BOISE, ID. 83104 • (208) 375-5t i 1 • rAX: 3~7-8:,00 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. 94-412 August 17, 1994 ~'' QUA C ~ ~~~'1 DAVID NAVARRO C~~~ Tr ~'~~ ~'~""'~`"• ADA COUNTY RECORDER 650 MAIN STREET BOISE ID 83702 RE: SALMON RAPIDS SUBDIVISION NO. 1 Dear Mr. Navarro: Central District Health Department, Environmental Health Division has reviewed and do approve the final plat on this subdivision for private well and central sewer facilities. Final .approval was given on August 16, 1994. No lot size may be reduced without prior approval of the health authority. If you have any questions please call. erely, Sin c %iL~~s+o Thomas E. Schmalz, .H.S. Senior Environmental. Health Specialist cc: Tom Turco, Director- HUD City of Meridian Roylance and Assoc. Marty Goldsmith Serving Valley, Elmore, Boise, and Ada Counties Ada I Boise County Office WIC Boise -Meridian Elmore County office Elmore County Office Vafiey County Office 701 N. Armstrong PI. 1606 Roberts 520 E. Bth Street N. of Environmental Heafih P.O. Box 1448 Boise, ID. 83704 Boise, ID. Mountain Home, iD. 190 S. 4th Street E. McCcll, ID. 83638 Enviro. Health: 321-1499. 83705 Ph. 334-3355 83647 Ph. 587-4401 Mountain Home, iD. Ph. 634-7194 Fcmily Picnning: 327~74~ 324 Meridicn, IC. 83647 Fh.587-9225 Immunizations: 327-14~ 83642 Ph. 888-6525 Nutrition: 327-7460 WIC: 321-7488 Meridian City Council September 19, 1995 Page 2 Tolsma: Second n Kingsford: Moved by Bob, second by Ron to approve of the Special Meeting Minutes for September 12, 1995, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #1: MARSHALL BAKER, EXECUTIVE OF PHYSICIAN SERVICES: SPECIAL ANNOUNCEMENT FOR ST. LUKE'S HOSPITAL: Baker: Mayor Kingsford, members of the Council, my name is Marshall Baker I am the Administrator of St. Luke's Meridian Medical Center. This evening we are. here proud and pleased to announce that we have decided to change the name of this new facility from St. Luke's West Medical Center to St. Luke's Meridian Medical Center. This new facility reflects the community of which the model facility is designed for. And after extensive interviews and surveys with residents and business leaders of Meridian we have been able to prioritize the health needs of this area. The most needed, the most cost effective out patient services will be provided at St. Luke's Meridian Medical Center opens in the Spring of 1996. It is St. Luke's philosophy to take health care services to the people where they live and where they work. St. Luke's Meridian Medical Center is an extension of our mission to you and we are proud to name the facility for your community. Kingsford: Thank you very much we appreciate that, probably a round of applause. Thank you very much Marshall. ITEM #2: TABLED SEPTEMBER 5, 1995: CC&R'S FOR SALMON RAPIDS SUBDIVISION: Crookston: Mr. Mayor I have reviewed those. There were supposed to be some changes, there were changes faxed to me at 4:15 today and I have not reviewed the changes. Morrow: Mr. Mayor I move to table until our next meeting, the first meeting in October to allow the City Attorney time to review the changes. Yerrington: Second Kingsford: Moved by Walt, second by Max to table the CC&R's for Salmon Rapids until the next meeting in October, October 3rd, all those in favor? Opposed? MOTION CARRIED: All Yea ~_ Meridian City Council October 3, 1995 Page 10 Morrow: Well that clearly points to some of the issues that need to be resolved maybe in the interim if the school district is of the mind that they need some reassurance some of us can meet with the school district also if that is part of the issue. Kingsford: You moved and seconded and voted to table this issue until the next meeting October 17. ITEM #2: TABLED SEPTEMBER 19, 1995: CC&R'S FOR SALMON RAPIDS SUBDIVISION: Kingsford: Counselor, what is the disposition? Crookston: Mr. Mayor, I still have some questions about the CC&R's, they have prepared amendments to the CC&R's to both Salmon Rapids and Los Alamitos. Just a question, the bigger question is with regard to the square footage that the house square footage, a portion of the Salmon Rapids, their covenants state that they require 1500 square feet, the property was annexed in Salmon Rapids as requiring the house size of a minimum 1400 unless it was within 500 feet of Meridian Greens. But their covenants state that it is to be 1500, there is an amendment proposed in what was submitted to me most recently that be changed to 1400 unless it is within 500 feet of Meridian Greens. So really it is a question of how the Council wants to go forward on that square footage. I have met with Brian McCall and discussed it. He states that the property was annexed requiring house size of 1400 square feet unless it was within 500 feet of Meridian Greens, that is correct. The covenants however state that it is 1500, there were applications on the plats that said 1500, in one case the application for plat or not the application for plat but on the plat it said 1800 feet. I am not sure what the Council approved when the plat was approved so I think there are still some questions regarding the square footage. The rest of the covenants I think are fine. And the same is true of Los Alamitos. Kingsford: The square footage issue was the same on Los Alamitos? Crookston: That property was annexed stated that it was required to meet the R-4 requirements which is 1400, well I believe that their covenants again require that 1500 was requested, not a request but their proposal is to change the covenants to move that down to 1400 square feet. Many of the same issues are involved in both subdivisions. Kingsford: Well I guess 1 am not clear, we have CC&R's to approve, those CC&R's as they exist for our approval are they 1400 or 1500? Crookston: They state that they are adopting the existing covenants which require 1500 square feet, but there is a proposal to amend those covenants to only require 1400 feet n Planning & Zoning Commission, Mayor and Council August 15, 1995 Page 4 Item 18 - Jack Miller Request to Amend Comprehensive Plan -Jack Miller has an interest in the 80 acres east of Dave Lewis's 80 acres at the southeast comer of Overland/Eagle Road. A strip of his property is shown as MixedlPlanned Use Development; the remainder as Single-family Residential. When first approached about this last year, I felt confident that no Comprehensive Plan amendment would be required. After conversations with several different planners, with several different opinions, I am unsure of the need for a Comp. Plan change and would appreciate any thoughts you have on the subject, along with Counsel's opinion. Item 19 - Danbury Fair Subdivision No. 5 Development Agreement -Recommend approval -Wayne Crookston and I have both reviewed and approved this document. Item 20 - Finch Creek Non-development Agreement -General Comment -Bike path improvements along developed portion and at least temporary fencing should be installed prior to obtaining building permits. Item 21 - CC&R's for Salmon Rapids - I have not had time to fully review these changes and would defer to Counsel's opinion. Item 22 - CC&R's for Los Alamitos - I have not had time to fully review these changes and would defer to Counsel's opinion. Item 23 - A.1 -Recreation Program Grant Funds - I would be happy to assist with grant application if needed, as long as I do not have to do the administration. If I am not needed, go for it. /'~ /'~ MERIDIAN CITY COUNCIL MEETING:_ SEPTEMBER 5 1995 APPLICANT: JOIE RUBY ITEM NUMBER; 27 REQUEST; CONCERNS ABOUT SALMON RAPIDS SUBDMSION FENCE 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: COMMENTS S~ ~~~,~~I~ ~ Y~~~sd ~ ~ ~(an~~~ ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER:.. _ __ X11 Materials presented at public meetings shall become property of the City of Meridian. n RECEI'VE~ AUG241995 GTY OF MERiD1AN To: The City Clerk of Meridian We are requesting a hearing September 5, 1995, to discuss the fence along Locust Grove affecting the property owners in the Salmon Rapids Subdivision & we further request that work be stopped until the problem can be resolved. Sinc ely, ie Ruby dN'~ s°Wl rr~ ~' . ~~7 ~~ ~~ ~o ~, ~E~~~~~~ AUG 2 4 1995 GTY OF iNERlDiAN To: The City Clerk of Meridian We are requesting a hearing September 5, 1995, to discuss the fence .along Locust Grove affecting the property owners in the Salmon Rapids Subdivision & we further request that work be stopped until the problem can be resolved. Sinc ely, ie Ruby U,w~ S ~ ~ ^ G~~~~ ~~ 0 ~•, .. E ~~~~~ ~~;~~~ July 11, 1995 Anna Doty Meridian City Hall 33 East Idaho Avenue Meridian, Idaho 83642 J U L 1 3 1~~~ ~:[T~ ~~= a~~~~~~a= Ms. Doty; I request that you provide copies of .some of the applications we have submitted while. developing real estate in Mendian.' What I need are .preliminary and final platt applications far both Salmon Rapids and Los Alamitos Park'Subdivisions for both phases One and Two. This will be two applications for each of four projects. We will provide courier service when you have prepared the documents. Please call us when you are ready. Thank You .~°' , ~ ~ e en' erson .~ ,~ city5-O1.doc -!5.50 ~ ~~cfe .~aiae, .~i/.a,~i.~ 8.70.9 ~P08~ .1'38-9708 ~~.• ~i'08~ .9Y8-390 %'1 WILSON, CA$N~,.Z-It~N & MCCOLL LAWYERS TELEPHONE 420 WEST WASHINGTON (208) 345-9100 IDAHO JEFFREY M. WILSON POST OFFICE BOX 154d (503) 881-1100 ~ OREG DEBRHA JO CARNAHAN FACSIMILE BRIAN F. MCCOLL STEPHANIE J. WILLIAMS~ BO13 E. IDAHO 83701 (208) 364-04d2 .nu~TT[o ~w IowMO wr.o OrtacOW pOST OFFICE BOX 321 ONTARIO. OREGON 97914 July 25, 1995 Wayne G. Crookston, Jr. Meridian City Attorney P.O. Box 427 Meridian, Idaho 83642 Re: Salmon Rapids and Los Alamitos Park Subdivisions Dear Wayne: I enclose copies of the following documents: ~ 1. Declaration of Covenants, Conditions and Restrictions of Los Alamitos Park Subdivision; V2. Amendment of the Declaration of Covenants, Conditions and Restrictions of Los Alamitos Park Subdivision (to bring Phase II into the original CC&Rs1. ir3, Amendment of the Declaration of Covenants, Conditions and Restrictions of Salmon Rapids Subdivision (to bring Phase II into the original CC&Rs). J 4. Amendment of the Declaration of Covenants, Conditions and Restrictions of Salmon Rapids Subdivision (to change the original CC&Rs re: the pressurized irrigation pipe system). As you will see, any referencers Associat on has been deleted and tdhe Nampa- and/or maintained by the Homeowne Meridian Irrigation District put in its place. Yours sincerely, Mailed without signature to avoid delay. BRIAN F. McCOLL /sl 1 Meridian City Council December 6, 1994 Page 54 part. This is where Ashford Greens and Interlachen connect, their recommendations (inaudible). It was mailed to me and they asked that it be part of the record. We haven't gotten to that yet but should I wait until that period comes. Kingsford: Was it their intent to have that as part of the public hearing? Corrie: No, not at this point. Kingsford: Whenever you think it is appropriate. t don't think he is talking about development of that parcel yet, but it is still my desire at least for the city that we have some sort of a connection for vehicular traffic other than up and around. Corrie: They were saying they would like to see a culdesac and not a through street. Kingsford: They don't want to get to the club house, basically you are saying they are not golfers. Corrie: Probably not, it was just a letter that was sent to me. That is just one person, that is still on record, but I will submit that at the proper time. ITEM #28: MARTY GOLDSMITH: DEVELOPMENT AGREEMENT FOR SALMON RAPIDS SUBDIVISION AND LOS ALAMITOS SUBDIVISION: Kingsford: Where are we at with those? Marty did you get our comments back from Wayne and Shari? (Inaudible) Kingsford: Counselor were those hand written? Crookston: Yes Kingsford: We don't have those in our packet because he was waiting for those to come back from Marty I guess. Do you have problems with those Marcy, have you reviewed them? Go ahead and come up and let us know your name. McCall: Brian McCall, I am Mr. Goldsmith's attorney. Basically the short answer to that is we do not. We are dealing with 2 development agreements one for Salmon Rapids and one for Los Alamitos. And with the exception of, both of these agreements were originally prepared by the City and Mr. Goldsmith already signed the agreements. The agreements then were the signature by the City was held up pending Councils comments. He has now Meridian City Council December 6, 1994 Page 55 made a few comments and we are in agreement with them all with one exception and it is one of some substance and that is one the Los Alamitos project turning to Exhibit B that basically has a list of requirements. If I can just read the last requirement, #12 originally proposed by the City agreed by Marty was make the provision for a well lot to be purchased or donated to the City of Meridian by mutual agreement. I believe Mr. Crookston perhaps reflecting the wishes of some Council members has now inserted, made that provision such that we will donate the well lot. that is the only issue that we have any difficulty with. If we could go back to the way it is now we'd sign these development agreements. If the Council wants the change that Mr. Crookston has proposed I would sort of like to be heard on that and see if I can give my own perspective on how we got to that being.an issue. Kingsford: Counselor, if I may looking at the May 17th minutes when this was discussed Mr. Goldsmith's comments were, "I have no problems, I was thinking you guys would pay for the school site," so on, "I would put in pressurized irrigation," I will eliminate 2 or 3 topics "that I will donate a well site." McCall: Mr. Mayor, I have read that comment and that clearly is where the Council may have gotten the impression that Mr. Goldsmith was prepared to donate the well site as well as establish a pressurized irrigation system. I think if we go all the way back, and I have looked at the minutes associated with the P & Z findings of fact and conclusions of law, I have looked at the City Council minutes when the preliminary plat was approved and when the final plat was approved and in all of those cases it was clearly Mr. Goldsmith's representation to the Council that he would make available this well site in lieu of the requirement of pressurized irrigation system. I think the pressurized irrigation system requirement has its own history. It has been before this Council many times and I can refer the Council to specific language in both the preliminary plat and the final plat in which he said categorically he would make that lot available if the Council would waive the pressurized irrigation system. Kingsford: I think though Counselor that was after this point. McCall: It was before. Kingsford: But his comment again and this is verbatim off the tape, "I will put in pressurized irrigation that does eliminate 2 of our 3 topics there and I will donate a well site." And that was part of the condition for approval. McCall: As it turned out the action that was taken after that comment was not approval of the final plat, the final plat was then tabled pending a development agreement. Which sort of takes us all the way back to the very first item that was on your agenda tonight and that Meridian City Council December 6, 1994 Page 56 was the Raven Hill and that was where does this development agreement come in. In Mr. Goldsmith's case in both of these subdivisions the property was zoned and annexed with the condition that the annexation be conditioned upon the development agreement. The development agreement was not forthcoming. We then went one step further, we granted preliminary plat approval and then we finally grant final plat approval again not subject to any development agreement. He doesn't have any difficulty with the development agreement but when he finally got final plat approval and now at this point this plat has ben taken around to every agency and every agency has signed off with the exception of the City Engineer and then of course it goes to the County Engineer. And they are holding it up for provision in a development agreement" that was not required and that was probably from a legal sense ,waived way back when findings of fact and conclusions of law were passed or at least when the zoning and annexation ordinance was passed. That language and I can point it to you it said that it will be annexed upon the condition of a development agreement, but then of course the development agreement wasn't forthcoming. Kingsford: Are you suggesting that a person could come in give testimony before the Council and not be bound by that? McCall: No, please don't misunderstand me on that. Kingsford: Certainly my attitude through this whole process was that Marty was going to donate a well site. And that was certainly my viewpoint in terms of approvals from that point on. McCall: Marty's testimony and the comments by Council at preliminary plat was along those lines Mayor as you say. I am looking at the April 19 minutes which was when the preliminary plat approval was given. "I am really trying to step forward here with the well site for you and I would like to leave the option open on finishing that well site out for you ~~ as opposed to the pressurized irrigation system. And then Councilman Morrow said, he basically went on and said, "I propose that we pass the preliminary plat subject to Mr. Goldsmith coming forward and requesting a waiver of the pressurized irrigation system. When he requested the waiver of the pressurized irrigation system. Kingsford: And of course at that point as a point of clarification we were advised that water was not available for pressurized irrigation. McCall: There were 2 different subdivisions, Salmon Rapids that was and is the case. On Los Alamitos the waiver was based upon him donating this lot. That was precisely the provision under your ordinance that he was seeking a waiver. If you don't make me put in a pressurized irrigation system in Los Alamitos that has water we will donate a well. And he wrote the City to Mr. Smith saying, "rather than making a cash payment we would like Meridian City Council December 6, 1994 Page 57 to deed the City Lot 2, Block 2 of Los Alamitos." The City Engineer then wrote back in a letter dated April 30, this is before this action, it said, "as we have discussed in the past and as you point out in your April 22 letter it is my desire to locate a City well on a lot in Los Alamitos or Salmon Rapids," I presume he means the City,"to help provide domestic water to the expected growth in this area. I appreciate your willingness to provide a 100 square foot lot for this purpose. In the Vineyards Subdivision the City of Meridian did credit the value of the lot for Well No. 15 against the subdivisions "in lieu of pressurized irrigation well development funds" . However you know our City Council is stressing the importance of the installation of pressurized irrigation systems and any waiver of this ordinance requirement must be approved by them." And then he asked for the waiver, the letter goes on, "the preliminary concept plat of this subdivision shows that approximately 140 lots could be platted. The present assessment rate of $406 per lot will require a payment of $56,860 if the "in lieu pressurized irrigation well development fund fees" was allowed. So, at least at that point in time, both parties, the City and Marty were talking about you take this well site and maybe give us some more money because it doesn't add up to the $56,000 as consideration for the waiver. We proceeded with the request for the waiver, the waiver was turned down at this meeting and Mr. Councilman Morrow at that point just prior to Marty's comment states, and this is on your insert on page 10, "I think the gray areas I am concerned about that we do not grant a waiver from the pressurized irrigation. Apparently by not granting that waiver if we elect not to that triggers some renegotiation with respect to the well lot in terms of different positions." We then did renegotiate it and I and Mr. Crookston and Shari Stiles sat down and we said if the waiver doesn't go through the lot is not on the table anymore. Kingsford: But Counselor after what you just read from Mr. Morrow, your client specifically said that he was going to give a well lot. McCall: And he said that in response to Mr. Morrowls motion that his final plat be tabled and that there be a development agreement forthcoming. That is a development agreement never before that time was added as a condition. And if you read the comments from Mr. Goldsmith before that I think that kind of caught him flat footed and he was saying well what can I possibly do to get this final plat approval. And he made that comment and that comment, what I am trying to suggest to the Council is the only time in the whole history of this record that he had not tied it to the pressurized irrigation system. And so we are respectfully requesting that he not be held to that one comment and that the whole history where by this lot was to be tied to the waiver be considered. That is only with respect to Los Alamitos. With respect to Salmon Rapids I don't think there is any concern at all. Again, the development agreement that is before you was a development agreement that the City put forward and he in good faith signed even though we had come before the Council before. Final plat was not on this day, final plat was yet a couple of weeks later and I was here and at final plat approval I can assure the Council there was n Meridian City Council December 6, 1994 Page 58 no condition of donating a well lot. ~~ Kingsford: Counselor, how many times do they have to be conditioned? Do we have to bring up everything at every meeting? McCall: No, but there was a development, if you recall at this meeting on the 2nd motion by Councilman Morrow he suggested that it be tabled pending a development agreement, Marty says oh dear what have we got here we have to do a development agreement. Kingsford: You are coming up with what you think or what he thought he was thinking, we don't know that. McCall: But then what happens is we had our meeting, Mr. Crookston indicated that the City Council did not have a form development agreement. And would we propose the specifics, we did and submitted it and when the final plat approval came up you had that memorandum agreement. That was the memorandum agreement that we had worked with the City and that did not require the donating of a well agreement. And so at that meeting when the final plat was approved and I recall Mr. Mayor you asking Shari Stiles about the status of the development agreement and she stood up and revisited this whole problem of when do we do the development agreement, we don't have one yet. And she said however, this developer has taken a step forward, he has proposed a development memorandum, it addresses all of the issues then of the City Engineer, it addresses my check list, Shari Stiles's check list, and based upon that we got final plat approval. We then went to construction and we have this one line pulled out of the minutes that really is inconsistent with all of the other minutes. So that is our piece on this. Kingsford: I guess from our perspective we are trying to provide without irrigation impact fees, we are trying to provide enough water that these developments can continue at a reasonable rate. We have others that have donated well sites and. McCall: I guess what we would be prepared to entertain, but way of some sort of compromise because this wasn't his understanding that he would get hit with a $30,000 or $40,000 pressurized irrigation system and donate a well lot, is that this lot would be reserved for the purposes of a well lot. Kingsford: Counselor, I would say if we are going to buy a well lot we just as well see if we can't get one free from some one else in the area. McCall: That is what Mr. Smith actually suggested. Kingsford: I still think that he gave us one. n Meridian City Council December 6, 1994 Page 59 McCall: One of the things that Mr. Smith apprised us of is that Greg Johnson has on line although I don't believe there is any plat in front of it, another development down the road in which there is the availability of a well site. What we were going to suggest is let's earmark this as a well site for a specified period of time. He wouldn't sell it to anyone else for a year or 2 years or something along those lines. If another one is forthcoming fine, and if one is not forthcoming then enter into some reasonable negotiation, maybe a discount off the price. I think we need to settle the clear differences of the properties head with respect to the intentions. Kingsford: 1 can't speak to everyone's intention but I was certainly under the impression that we were getting a well lot from that statement. (Inaudible) different everyday. Morrow. Mr. Mayor, if I might, I would like to offer an opinion here in terms of I don't think I quite agree with you Mr. McCall with respect the on going negotiations in terms of Mr. Goldsmith with respect to the pressurized irrigation and those kinds of things. Even though there was a history in terms of talking about whether or not that was going to be done ultimately it wasn't going to be done. Mr. Goldsmith clearly testified in our meeting and I see this as a very dynamic thing. The fact that these were part of negotiations prior to don't have any effect with where they ultimately came out and ultimately it came out that it was a condition of his approval and annexation was that he was going to put in a pressurized irrigation system. He was going to develop or donate a well site. What went on before that doesn't really have any bearing on what the final document in my mind was because quite candidly from my perspective if he is not going to do those things then to heck with it we are not going to annex it. Take it or leave it, that is the way the issue really is as I see it. It is not that we are charged as the City Councilmen representing the best interest of the citizens of Meridian. The citizens of Meridian need pressurized irrigation systems they need well sites. We are under no obligation as the Council to zone or annex any property. If it doesn't fit our criteria then he had better buy a tractor and a straw hat and go to farming it because we don't need it, simple deaf. Now to come here at 6 or 8 months after the fact and say well I want to renegotiate this or I want to do this because I think maybe I made a bad deal or whatever in my business which is the construction business if you make a mistake you fix it on your own time at your own expense. You snivel about it in private and get on and get it taken care of. I don't see where we as a City need to continually spell out every little item as it comes along. I know that the legal community makes a handsome living taking care of those (End of Tape) clearly here the issue is that at this point in time Mr. Goldsmith did agree to pressurized irrigation and to the well site. And that is where we stand, that is what 1 voted to approve. Had it not been there if we are looking back my vote for approval would not have been there. So, it appears to me that the original, where 1 thought we were is that this was all done and it shows up on tonight agenda and wanting to renegotiate that and that is not something I can support because that is where we were originally. Meridian City Council December 6, 1994 Page 60 Kingsford: And further Counselor your comments with regard to Mr. Smith, he was asking the question what has been done in the past, yes there had been some negotiation and that was never discussed with the Council, that was something that he had done and this body was unaware of that discussion. So in terms of your chronology I don't think that meshes or fits with what we are discussing here. McCall: Just briefly addressing Councilman Morrows comments, it wasn't there is our point. It was not a condition of the annexation, clearly if you read the annexation ordinance it isn't there. It wasn't there at the preliminary plat stage and at the final plat stage it wasn't in the memorandum agreement that we had provided and negotiated with the City and put before the City Council. It only came up, in fact it wasn't even there when the development agreement that you had before you was prepared and signed. It only came up after your Council went back and found that some of these minutes could be consistent with what you are saying, but we are just making the point that some of those other minutes in fact all of the other minutes are consistent with the developers understanding that it would be, this is not a double cross on his part, don't get that impression. He always legitimately understood that well lot was in lieu of the pressurized irrigation system. He may have said at that final meeting, I am frustrated. Kingsford: He didn't say I am frustrated, you are paraphrasing words. It is clear what he said. Now I don't' know what motivated that and we could all speculate on that, but what he said is very clear. McCall: He was trying to get the final plat approval which he then didn't get. Kingsford: At that point. Where we are to is we don't have a signed development agreement. McCall: We are prepared to sign and have in fact signed both development agreements without the changes at this point we are prepared to sign both of them with all changes but we wanted to have an opportunity to address the Council on that and show the history where by this was not ever originally a part of the conditions. It was not. Kingsford: Using that as an example we didn't ever stage a well Marty will provide sewer and water, that is given we are going to. I don't think you have to put it at every stage Counselor exactly what is there. I think that negotiations along the way indicate what is expected. McCall: And our view is that the negotiations along the way including correspondence from the Council, including our submission, including the tabling pending a request for waiver or that the well site was going to be in lieu of the pressurized irrigation system. When that Meridian City Council December 6, 1994 Page 61 waiver was denied we pulled the well site back out we made that known both to the City Engineer, the City Planner and we made it known to Council by preparing the memorandum agreement without that in it. And I understand that he said that and I understand the Council can hang its hat on that and we will live by it, but that is not something that we are trying to come back and renegotiate I assure you. That was always this developers understanding and we can look at the minutes from April 19th, we can look at the minutes from May 17th and we can look at the original annexation and zoning. And our version if the version of the (inaudible). He is the one that came forward and said I will give you this if you give me a break on the pressurized irrigation. That historically has been what this council has done. Kingsford: Historically represents one, I am not sure. McCall: You mean in Vineyards? Kingsford: Right, I am not sure what kind of a precedent that sets when we are talking (inaudible). McCall: I guess from just a purely legal perspective I am at a bit of a loss when the Council says that the development agreement now should come in after the fact when the ordinance said that this property will be annexed subject to a development agreement. Kingsford: I think Counselor disrespective of the development agreement if we didn't even require one Mr. Goldsmith's comment that he will donate that well site I think is a binding comment in a public meeting. McCall: If I would just if the Council would acknowledge that he also made several comments to the contrary before that and that is (inaudible) and that is what he thought, I don't know what was in his head, maybe thought that if at the last moment when he was being held up again for another week if he said that he would get approved. Then he didn't get the approval anyway. We were left with going back and going a development agreement, we did one. The City said it is subject to negotiation, Mr. Crookston says we can hang him on this and that is why we came in tonight. Kingsford: I don't think Mr. Crookston said, I advised Mr. Crookston that was certainty my understanding and I believe that other members of the Council, although I can't speak for them. Morrow. I am going to say with respect to that Mr. McCall to put this issue to rest is that quite candidly from my perspective is if the lot had not been included neither would my vote for approval. So if vue are going to play if and if and if as I saw the process when we Meridian City Council December 6, 1994 Page 62 got down to the point okay this is what you are going to do this is what the city will do, your approval from the City is contingent upon several conditions. One of which is you are going to donate the well site. So if that is not part at that point in time then it is not an acceptable proposal to me. And quite candidly that is what my vote is based on. Now 1 can't speak for the other 3 guys I don't know what their votes were based on, but that is where I came from. And that position is consistent with any project and any development from the standpoint that I want to hear the verbal presentation. I ask for presentations so that we have that on record coupled with the written so that it is clear in my mind what it is that we are giving to the development team and what they are giving to us so that we have plenty of track record there. And what we start out with at point A and what we end up with at point Z often are widely different things. My vote is based on where we get at point Z that is in the best interest of the citizens of the City of Meridian. So, if we are going to play ifs here, if it wasn't part of the proposal my vote wouldn't have been there. McCall: Well, it wasn't and your vote was there. Morrow. Well, it wasn't in my mind because it was testified to. I have nothing further. Kingsford: Other comments of the Council? Corrie: Development agreement, where is it, what does it say? Kingsford: !believe we have an agreement on the other one (Discussion Inaudible) Kingsford: I would entertain motion to approve of that conditioned upon the notes included by Council that seemed to be in agreement with the applicant. Morrow. So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the development agreement for Salmon Rapids subdivision incorporating notes with Wayne Crookston legal counsel, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Wayne, should I have asked them to include in that my ability to sign for the City and Will too? Meridian City Council December 6, 1994 Page 63 Crookston: Yes Morrow: I would give the Mayor to power to sign for the City on the development agreement and to be attested to by the City Clerk for Salmon Rapids. Yerrington: Second Kingsford: Moved by Walt, second by Max to allow the Mayor and the City Clerk to sign the development agreement for Salmon Rapids, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Now, the other one, what is your pleasure? Yerrington: Well, it still sticks in my mind if I think about January 1st of this year everything had pressurized irrigation from about that point on. And 1 don't care who you were or what color you were or anything we put it in there and we kept it. Kingsford: I believe that Matty's comments about being first on some things were accurate. Somebody is going to be first. I think the Council has been very consistent on that, if it has been at all possible since that time pressurized irrigation has been enforced. I think the issue at hand is not specifically the pressurized irrigation it is the well lot. Come: We are going to do that, that is clear. Mayor, the development agreement for Los Alamitos Subdivision is both for a well site and pressurized irrigation, is that correct? I still haven't seen it. Kingsford: That is the development agreement. Corrie: I haven't seen the development agreement. Kingsford: (Inaudible) because of the hand written notes on it by Wayne. McCail: This is it and Wayne made some comments and we are in agreement with all of the comments until you get right over to very last page. And the last page has a series of conditions and once again we are in agreement with all of those conditions but number 12 had said make provision for a well lot to be purchased or deeded to the City upon mutual agreement. Wayne then crossed out the words make provision and said donate a well lot to the City. And our objection was we just had a different understanding historically of that condition. /'~ Meridian City Council December 6, 1994 Page 64 Corrie: So, we are going then on what our Counselor said that they will donate it? Kingsford: Well, Wayne put that in there based on that, I guess it is up to the Council whether they approve of what Mr. McCall, all the other stipulations would not, the well site donation or you dissatisfied with that? Corrie: I think the well site should be donated, I agree, but my only thing was that I had not seen anything. I didn't know really what I was doing here or what I was voting on. Morrow: Mr. Mayor I would move that the Council approve the development agreement to and including our Counselors notes as written for Los Alamitos subdivision. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the development agreement for Los Alamitos subdivision to and including the notes of our legal Counsel Wayne Crookston, all those in favor? Opposed? MOTION CARRIED: All Yea McCall: Point of clarification, then the City would sign this one as well with those changes and then Marty would presumably sign? Kingsford: I am going to have to ask these guys again. Morrow: I am song Mr. McCall you are absolutely correct. I also would authorize the Mayor to sign for the City and attested by the City Clerk. Yerrington: Second Kingsford: Moved by Walt, second by Max to authorize the Mayor and City Clerk to sign and attest the development agreement for Los Alamitos, all those in favor? Opposed? MOTION CARRIED: All Yea McCall: And then there is one last point of clarification. That was our understanding that was the only hold up in the City signing off on the plat assuming there are no other difficulties we can now get the City to. Kingsford: And I don't believe that takes Council action, was that nov a condition of the signing? Meridian City Council December 6, 1994 Page 65 Crookston: I don't recall. Kingsford: Mr. Smith, do you happen to remember that off the top of your head. Was that approved pending approva! of the development agreement? It doesn't require Council to take further action does it? Smith: I just talked to Wayne Crookston about the process of signing the plat and the signing of the development agreement and which one should come first and Wayne advised me that the Development Agreement should be signed by both parties prior to me and City Clerk signing the plat. Kingsford: Right, but as far as Council action we have done all we need to for the final plat haven't we? Smith: I assume, I think so. I haven't looked at the minutes for quite some time because I have just been sitting on the plat waiting for this development agreement to be ratified. Morrow: I don't think, if memory serves me correctly since my time here since the first of the year I don't think we have every done anything or instructed you in anything with respect to your signing of the final plats. Smith: We just look at the approval, the minutes of the meeting where the plat is approved. If it is approved by the Council then that authorizes me to sign the plat. Kingsford: That is what we don't know, I guess that is what I am asking. Have we approved the final plat? Smith: Let me look into my final, just a second. McCall: If I can be of some assistance although I don't have the precise date in June, final plat was approved. That was the last meeting and final plat was approved with no conditions attached and then we went to construction and got the plat circulated and then this issue of the development agreement came up. Kingsford: I would imagine it had staff requirements (inaudible). McCall: I just wanted some clarification that now we were in some position to get that signed. Kingsford: If that has taken place then as soon as the development agreement is signed by both parties Gary will sign the plat. .~'~ Meridian City Council December 6, 1994 Page 66 (Inaudible) ~^ Kingsford: You have those so you are satisfied that (inaudible) I guess the issue would be if it hadn't then we would have to hold it up. ITEM #29: NELSON/MCALVAIN: LATE COMERS AGREEMENT AND WATER LINE EXTENSION: Kingsford: Is the owner of that present? Nelson: My name is Jim Nelson, part of Nelson/McAlvain. I am lost they told me to show up here, I am sure it deals with the water line extension we put on out to Commercial Park going down Eagle Road and to Commerce Park there. (Inaudible) was that we put up the money, we build the system and we submitted a bill I think for around $120,000 an then we are to be reimbursed as people hook onto the system as per your formula. Kingsford: I guess I am at a little bit of a loss, Gary we haven't necessarily handled those at Council before have wee? Hasn't it been a situation where you calculate that and we set up that late comers agreement? Smith: Well, that is part of it Mr. Mayor. But the Council has to agree to according to the ordinance if I am correct Wayne, the Council has to authorize this late comers agreement to be drafted. It is not an automatic thing, the Council has to say yes. Crookston: That is correct. Smith: Mr. Crookston prepare a late comers agreement and then the developer submits the cost to me and we include those costs and develop a formula for the payback. Crookston: And ultimately the Council has to approve of the agreement, it is just like a contract. Morrow. So really what Mr. Nelson is doing here is just requesting us to take the formal action to create the late comers agreement. Kingsford: Is there a motion to (inaudible) to a late comers agreement? Morrow. So moved Corrie: Second .~-, Meridian City Council June 7, 1994 Page 3 ITEM #2: TABLED AT MAY 17, 1994 MEETING: LEASE AGREEMENT WITH KEN HAMILTON PRESENTATIONS: Kingsford: Has that been resolved Counselor? Crookston: No it has not, because we can't locate the Bureau of Outdoor Recreation that the City had. And Will is still looking for that as best he can. Yerrington: 1 move we table this until the next meeting. Tolsma: Second Kingsford: Moved by Max, second by Ron to table that issue until the next meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: TABLED AT MAY 17, 1994 MEETING: SALMON RAPIDS SUBDIVISION FINAL PLAT: Kingsford: Questions of the Council with that? Shari, has that development agreement been completed with Salmon Rapids? Stiles: We have received (inaudible) Kingsford: Would you mind maybe coming up and discussing this one since that is one of the issues pending. Stiles: Mayor and Council members, we have had some meetings with Marty Goldsmith, he has submitted a development memorandum. I'm not sure if you have these in your packet, it is signed by Marty. He has indicated his willingness to do whatever he needs to do as far as a development agreement goes. What I wanted to talk about tonight was the possibility of placing the burden of getting those development agreements done back on the developer. Wayne Crookston has finalized his draft, so we have a good base there. And have them address the findings of fact and all the minutes, agency comments. tt started out with the developers being required to do it and it has shifted back to us. I think it is pretty staff intensive assignment. Taking my time and Wayne's time and Gary Smith's time and 1 think to put that burden back on the developers would be more acceptable and there would be no doubt they would understand those requirements then and then they would have to be approved by the Council. I ask that you consider that, I haven't finished the Summe~eld Development agreement which is the item on the n ~,.~ i /~ Meridian City Council June 7, 1994 Page 5 agreement done prior to annexation because it is upon annexation when the City as the most control over the land. I certainly understand the difficultly in getting it done before the annexation is completed. It might be that we could work out a situation where the annexation doesn't ultimately complete it, an ordinance passed until that process is done. And basically the ordinance for annexation could be passed when the final plat is approved. That is off the top of my head, I haven't thought about it. And I don't know in my own right how that would effect the developers. Kingsford: As I look in the audience I can think of one piece of property that was annexed in 1977. Crookston: That is tnae, it is not going to work for every parcel. But recently, far and away the majority of our development agreements, the ones that we have asked for, some property has been previously annexed, there is the condition that they enter into the development agreement with the City or if they don't they be de-annexed. And there is some property as you mentioned that is already annexed and has been for numerous years and so it is a little more difficult in that situation, but we are going to have to deal with those on a case by case basis. But since most of our development now is arising as a result of immediate annexation. I am setting forth that I think we can do it, but 1 will have to look in it a little more. Kingsford: 1 am sensitive to your situation Shari, I know you are inundated with paper work I guess my immediate thought is we still have an obligation to make sure they have included all the things in there that we placed on them. At some point in time some one from the City is going to have to see what that is to see what took place. I like the concept that Mr. Forrey came up with for example certificate of compliance type of a thing. But somehow we have to generate that list of a minimum of things that are acceptable to the City. Without us researching how we could necessarily, Council deals with so many things that you guys do that I don't think there is any way we could all remember just from their list. Maybe it is that we need to have a person in that just does that while we are inundated. Stiles: Mayor and Council members maybe it is that we could generate a master list as the developments come through we could keep some kind of a record to know that this is a requirement or that was a requirement. And some plat comes up and there is a bike path involved that would be part of the master list, well lots, pedestrian access, any of those items that would be, that could be on any development. But at least we would get the packet complete and have read that and understand it. And even though we would be providing them with that information at first it would alleviate some of the problems I'm having in getting some of that information from years ago. HUB OF TREASURE VALLEY OFFICIALS COUNCIL MEMBERS A Good Place to Live WILLIAM G. BERG, JR., City Clerk I CITY OF MERIDIAN RONALD R. TOLSMA OBERT D ICORR E GAR Y D SM THS P.E. City Eng Weer WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO WAYNE S. FORREY, AICP KENNY W. BOWERS, Fire Chiet " " MERIDIAN, IDAHO 83642 Plariner 8 Zoning Administrator BILL GORDON, Police Chief W.L. JIM JOHNSON WAYNE G. GROOKSTON, JR., Attorney Phone (208) 888433 ~ FAX (208) 887813 Chairman ~ Planning & Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM May 12, 1994 TO: Mayor, Council FROM: Gary D. Smith, PE Re: Salmon Rapids Subd. No. 1 final Plat) I have reviewed this submittal and offer the following comments for your information and or use as conditions of the applicant during your decision making process: 1. This plat generally conforms to the previously approved preliminary plat. 2. Submit street name approval letter from Ada County Street Name Committee. 3. Show width of street right of way. 4. Revise lot front dimension on the following lots to comply with our ordinance: Lots 5,16,17,19 Block 2 Lot 6 Block 4 5. Provide land surveyor stamp with signature and date to sheet no. 1. 6. In the application the house size is listed as 1,500 s.f.. On the plat the house size is listed as 1,800 s.f.. Is it to be 1,800 s.f.? 7. Submit sheet no. 3 for my teview. 8. Add a note addressing bottom of footing elevation in relation to elevation of highest seasonal ground water. 9. Verify that the following lots contain 8,000 s.f.: Lots 2,22,24 Block 2 Lot 12 Block 4 10. Reverse call-out of L8 and L3 according to information in the Line Table. n ~..~ 11. Extend leader line to Point of Beginning. 12. Finish line extensions along subdivisions north boundary and along south boundary of Section 19. 13. Show developers name on sheet no. 1. 14. On page 8 of the covenants a 1500 s.f. house is specified as opposed to the 1800 s.f. shown on the plat. ~ ,,•~ HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live WILLIAM G.BERG,JR.,CityClerk CITY OF MERIDIAN JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste water supt. 33 EAST IDAHO KENNY W. BOWERS, Fire Chief MERIDIAN IDAHO 83642 W.L. "BILL" GORDON, Police Chief ~ WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Department (208) 887-221( MEMORANDUM GRANT P. KINGSFORD Mayor T0: Mayor and Counc i 1 ~ ~`~--, /I FROM: Shari L. ~anning~&/~~oning Administrator DATE: May 17, 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: Final Plat for Salmon Rapids Subdivision - Farwest Developers and Roylance and Associates This final plat generally conforms to the previously approved preliminary plat. 1. Note 5 indicates minimum house size of 1800 s.f.; application and covenants indicate 1500 s.f. minimum. Please verify and correct appropriate documents. 2. Lots 5 and 6, Block 4, contain incorrect dimensions of 104.82'. Lot 6, Block 4, does not have the required frontage of 80'. 3. All lots must contain a minimum of 8,000 square feet; Applicant must provide documentation verifying this. 4. All cul-de-sac lots shall have a minimum street frontage of 40 feet measured as a chord measurement. 5. Ada County Street Name Committee has revised directional prefixes on three streets. 6. Development agreement is required prior to final plat approval. ~ ~ HUB OF TREASURE VALLEY OFFICIALS A GOtx1 Place IO L1VC COUNCIL MEMBERS RONALD R. TOLSMA WILLIAM G.BERG,JR.,CityClerk MAXYERRINGTON JANICE L. GASS, City Treasurer CITY OF MERIDIAN ROBERT D. CORRIE GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO SHARI STILES JOHN T. sHAwcROFT, waste water supt. Planner 8 Zoning Administrator KENNY W. BOWERS, Fire Chief IDAHO 83642 MERIDIAN "BILL" GORDON, Police Chief W L , ~ JIM JOHNSON . . WAYNE G. CROOKSTON, JR.; Attorney Phone (208) 888433 ~ FAX (208) 887813 Chairman Planning 8 Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, may we have your answer by: May 10 TRANSMITTAL DATE: 4/29/94 HEARING DATE: 5/17/94 REQUEST: Final Plat for Salmon Rapids Subdivision BY: Farwest Developers and Roylance and Associates LOCATION OF PROPERTY OR PROJECT: West of Locust Grove Road and South of Overland Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF ECLAMATION(PR IM & FINAL PI CITY FILES ~ _ YOUR CONCISE RECEIVED MAY - 3 199~t CITY aF I~~~ti}lAN /'1 n HUB OF TREASURE VALLEY COUNCIL MEMBERS OFFICIALS A Good Place to Live RONALD R. TOLSMA WILLIAMG.BERG,JR.,CityClerk JANICE L. GASS, City Treasurer CITY OF MERIDIAN MAXYERRINGTON ROBERT D. CORRIE GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO ` g RI STILES JOHN T. SHAWCROFT, waste water Supt. KENNY W. BOWERS, Fire Chief IDAHO 83642 MERIDIAN ~ ~~ inning Administrator ~`~""'v W.L. "BILL" GORDON, Police Chief Attorney JR. CROOKSTON WAYNE G , Phone (2O8) 888433 • FAX (208) 887813 JIM JOHNSON , v ~ ~ c~Ql~n -Planning & Zoning tJ I , , . Public Works/Building Department (208) 887-2211 1 GRANT P.KINGSFORD ~' ;~~' Idiilv~y~~~l"il~ ~~ . Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations wiGl be considered by the Meridian City Council, may we have your answer by: Mav 10 TRANSMITTAL DATE: 4/29/94 HEARING DATE: 5/17/94 REQUEST: Final Plat for Salmon Rapids Subdivision BY: Farwest Developers and Roylance and Associates LOCATION OF PROPERTY OR PROJECT: West of Locust Grove Road and South of Overland Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: ~'~/ r YOUR CONCISE REMARKS: POLICE DEPARTMENT CITY ATTORNEY f i--Ld ~~ S f r ~ ~ CITY ENGINEER CITY PLANNER ~ `~ `~ `~~~ e ¢ ~ ~ Qw ~~ -~a~ ~~ /2 Q \~ ~ SUPERINTENDENT OF SCHOOLS Bob L. Haley DEPUTY SUPERINTENDENT DanMabe,Finance & Administration DIRECTORS ~ Sheryl Belknap, Elementary Jim Carberry, Secondary Christine Donnell, Personnel ~ Doug Rutan, Special Services ~r JOINT SCHOOL DISTRICT N0.2 911 MERIDIAN STREET • MERIDIAN, IDAH083642 • PHONE(208)888-6701 May 4, 1994 City of Meridian 33 East Idaho Meridian, Idaho 83642 RE: Salmon Rapids Subdivision Dear Councilmen: REC1~.i~1~D MAY 0 6 1994 CITY C~ ~~~~~~"s~~ I have reviewed the application for Salmon Rapids Subdivision and find that it includes approximately 49 homes at the median value of $130,000. We also find that this subdivision is located in census tract 104.01 and in the attendance zone for Mary McPherson Elementary, Lake Hazel Middle School and Meridian High School. Using the above information we can predict that these homes, when completed, will house 22 elementary aged children, 15 middle school aged children, and 12 senior high aged students. At the present time Mary McPherson Elementary is at 120 of capacity, Lake Hazel Middle School is at 114$ of capacity and Meridian High School is at 116 of capacity. The Meridian School District is not opposed to growth in our district, however this subdivision will cause increased over- crowding in all three schools. There is little opportunity to shift attendance boundaries since the surrounding schools are also well over capacity. Before we could support this subdivision, we would need land dedicated to the district or at least made available at a minimum price for a school site in this area. The site would need water and sewer service available. In addition we would need to pass another bond issue for the construction of schools. The cost per student for newly constructed schools, excluding site purchase price and offsite improvements, exceeds $5,000 per elementary student and $10,000 per middle or high school student. We are in a difficult position and need your help in dealing with the impact of growth on schools. Sincerely, ~~ ~~"'` Dan Mabe Deputy Superintendent DM:gr ~~ ~~ ~ ~„ ~ .m, ..... " ~ ' e... ~, ~ i~ SUBDIVISION EVALUATION SHEET ~, Proposed Development Name SALMON RAPIDS SUB NO. 1 City MERIDIAN formerly LANDFALL SUB Date Reviewed 5/12/94 Preliminary Stage Final XXXXX (ZnY LA ~l CE . ~~ ~ ~.`~C C / FAr 2t,~.\ c ~t ~ E V F. --D PEn -S Engineer/Developer Ta ' 'ne ! '-- "" The following SUBDIVISION NAME is approved by the Ada County Engineer or his esignee per the requirements of the IDAHO STATE CODE. SALMON RAPIDS SUBDIVISION N0. 1 Date The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada. County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall aagear on the plat as: "S. LOCUST GROVE ROAD" The following new street names are approved and shall aooear on the olat as: "~ TIME ZONE DRIVE" "S. RUBY RAPID PLACE" "~$ SNOW HOLE DRIVE" The followina proaosed street names are over ten letters in length and must have verification from Ada County Highway District in writing that the names will fit on signs before they can be aoproved• - "S. WEBER RAPID PLACE" ">>~ CHINA RAPID PLACE" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative oc his designee in order for the: officially approved. ADA COUNTY STREET NAME COMMITI Ada County Engineer Ada Planning Assoc Meridian Fire District John Priester Terri Raynor Representative ~ DESIGNEES Date ,~~~ Date S /a' ~~ Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index NUMBERING OF LOTS AND BLOCKS r2 TR\SUBS\SM CITY.FRM street names to be CENTRAL •• DISTRICT ~'HfALTH DEPARTMENT REVIEW SHEET Rezone # _ Conditional Preliminar~i rt Plat j~/i//1 ivy Return to: ^ Boise ^ Eagle ^ Garden City ~.bter~dian ^ Kuna ^ ACZ ^ 1. We have no objections to this proposal. ^ 2. We recommend denial of this proposal. ^ 3. Spec'rfic knowledge as to the exact type of use must be provided before we can comment on this proposal. ^ 4. We will require more data concerning soil conditions on this proposal before we can comment. ^ 5. Before we can comment concerning individual sewge disposal, we will require more data concerning the depth of ^ high seasonal ground water ^ sol'~d 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 d^ 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 HeaRh and Welfare, Division of Environmental Quality: Central sewage ^ Community sewage system^ Community water ^ Sewage dry lines ® Central water ~. 9. Street runoff is not to create a mosquito breeding probelm. ^ 10. This department would recommend deferral until high seasonal ground water can be determined 'rf other considerations indicate approval. ^ 11. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. We will require plans be submitted for a plan reiew for any: ^ Food establishment ^ Swimming pools or spas ^ Child Care Center ^ Beverage establishment ^ Grocery store 13: ~ZJdl~1~~~~ /`l s9N,.4e~c~'1~~-~/~ ~d T DATE: ~, / s ~J / /~ Reviewed by: ~ ~j.4~~6c ~d/2t~lp~~t" .~r~ ~~lr'I,eJit/S~Ct~-$"~j/S,CDHD 10-91 rcb MAY 2 3 1994 ,._ " ~~ d"t'r... ¢~C~i..E~rYY~ HUB OF TREAS~UeRE 1~~~,IK.~:~Y OFFICIALS '~` y COUNCIL MEMBERS A CFOOd PIaCe tC5 I,,RYe ~i..~~l 7/ ~~D R. TOLSMA WILLIAM G. BERG, JR., City Clerk City Treasurer GASS ANICE L RIDIAN MAX YERRINGTON CITY OF 1VI~ MAY BERT D. CORRIE ~ 2 19,LT W. MORROW , . J GARY D. SMITH. P.E. City Engineer BRUCE D. sTUART, Water Works Supt. STILES 33 EAST IDAHO CITY U it i~~~g Administrator JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 JIM JOHNSON W.L. "BILL" GORDON, Police Chief ~~~~ ,,, Phone (2O8) 888-4433 • FAX (208) 887~i813 ~ [r°~r~ (~ ~Q >7~ II 'yhairman ~ Planning & Zoning f'~ I V~ WAVNE G. CROOKSTON, JR.; Attorney v L ~~ ~ U, Public Works/Building Department (208) 887-2211 ~ GRANT P. KINGSFORD a r~ 0.,f ~~' '~~9~ ' J ~®~ Mayor NAMPA & ME 51 L TR1CT p1 TO AGENCIES FOR COMMENTS ON DE~~~M~NT PROJECTS TRANSMITTA WITH THE CITY OF MERIDIAN To insure that your comments and recommendations wiil be considered by the Meridian City Council, may we have your answer by: Ma 10 TRANSMITTAL DATE: 4/29/94 HEARING DATE: 5/17/94 REQUEST: Final Plat for Salmon Ra ids Subdivision BY: Farwest Develo ers and Ro lance and Associates LOCATION OF PROPERTY OR PROJECT: West of Locust Grove Road and South of Overland Road P/Z JIM JOHNSON I O , P2 MOE ALIDJANI E(PRELIM 8~ FINAL PLAT) OFF C MERIDIAN POST , P/Z JIM SHEARER ADA COUNTY HIGHWAY DISTRICT , CHARLES ROUNTREE, P2 ADA PLANNING ASSOCIATION - P/Z TIM HEPPER CENTRAL DISTRICT HEALTH , - GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT - C/C RONALD TOLSMA , - BOB CORRIE, C/C DAHO POWER CO.(PRELIM & FINAL PLAT) - C/C WALT MORROW U.S. WEST(PRELIM & FINAL PLAT) , - C/C MAX YERRINGTON INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) , - 'v'it'ATER DEPAP.Tb~lENT BllREAtJ nF RECI.AMATION(PRELIM & FINAL PLAT} l ~ SEWER DEPARTMENT ` CITY FILES - -BUILDING DEPARTMENT FIRE DEPARTMENT OTHER: Nam a &Meridian Irrigation District's YOUR CONCISE REMARKS: P - POLICE DEPARTMENT Eightmile Lateral courses along the south boundary of this - CITY ATTORNEY phase of the project The right-of-wav of the EiQ htmile CITY ENGINEER Lateral'is80 feet• 40 feet from the center each wav . See CITY PLANNER Idaho Code 42-1208--RIGHTS-OF-WAv N(~T SiTR.TF(:T Tn ' ADVERSE 1G POSSE~ION The developer must contact John Anderson or Bill Henson ar 4hh-Ot;f,'~ nr 5-2431 for approval before any encroachment or change of right-of-~iav orrttrc Thic T1, crr, r r requires that a Land Use Change/Site Develo pment application be filPrl fnr rav,aw r,r,nr to f,n ~ al platting. laror~7~ ~r, Contact Donna Moore at 343-1884 or 466-786] for further inform^tinn all ~ waste d M 1 s rfa surface ways must be rotecte unici a u drainage eaves the site, Nampa&Meridian Irrigation District must review dralria~P plans. It is recommended that irrigation water be made available to all devPlnnmenrc onrl„r, rt,;s District All encroachments must be approved and must be detailed on the final plat prior to construction. ~~~~~ Bill Henson, Foreman Nampa &Meridian Irrigation District i"~ /'\ RECEIVER MAY - 2 1994 CITY OF 1~~RIDIAN '~a.~ir~ia. & ~l+nia'iaac ~~vcigat~ D~afictet 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 Mike Shrewsberry Roylance & Associates P.A. 4619 Emerald, Suite D-2 Boise, Idaho 83706 Re: Salmon Rapids Subdivision No. 1 Dear Mike: OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 The Nampa & Meridian Irrigation District has reviewed the plans for the above mentioned project. The plans show that all storm water run-off will be retained on site; therefore, if constructed as per submitted plans, the District has no problem with Phase I. The District's Eightmile Lateral courses through what appears to be the center of this project. The Eightmile Lateral has an 80 foot easement: 40 feet from the center both ways. Nampa & Meridian Irrigation District has a road way on the west side of the Eightmile Lateral and we intend to maintain, at the minimum, an 18 foot road way through the area. We would prefer fencing along the lateral so that we do not have unnecessary problems with the landowners. We need to see more details if there are any encroachments planned within the District's easement. With the exception that this is a review of Phase I only, Nampa & Meridian Irrigation District has no further comment at this time. Any future phases will have to be reviewed by the District following the same operational procedures. Please contact me if you care to discuss this matter further. Sincerely, John P. Anderson District Water Superintendent pc: Each Director Secretary of the Board Joh Sharp of Meridian Ada County Development Services Bi11 Henson Rider 4 APPROXIMATE IRRIGABLE ACRES File RIVER FLOW RIGHTS 23,000 BOISE PROIKT RIGHTS 40,000 27 April 1994 ~ ~ RECE~~1'ED May 5, 1994 To: Meridian City Clerk MAY - 6 1994 CITY OF NiERIDIAid RE: Fencing of boundary between Salmon Rapids and Kachina Estates. We, the homeowners of Kachina Estates have received the letter and brochure from Marty Goldsmith, and our discussion of the chain link aluminum filler strips, appears to be satisfactory in the areas of unciimabie, sight obscuring and non-flammable. We feel this fence would not prevent the drift of herbicides used in controlling vegetation along irrigation ditches and that could possibly cause damage to lawns adjoining that fence and there is always the possibility of children playing near the area of spraying. In response to the Ada County Code for RT Zoning which was cited in the above mentioned letter, we are agricultural at the present time, although we do not perform heavy farming, we simply must use burning and sprays to maintain large pasture areas. These areas are not as easily maintained as a small subdivision lot or backyard. In lieu of lawnmowers, we use swathers and balers and bush hog mowers. This machinery is used primarily during the hot summer months and generally during the early morning or late evening hours to utilize the proper moisture content during baling. We ask that all this is taken into consideration by the City Counsel and the City Clerk. Respectfully submitted by: Kachina Estates Homeowners ,~~~,?~. ,~=~C ; ,-~~~ Les Schild, Representative GRANT L AMBROSE (IfLS-IffE) JOHN O. PI'IZGBRALD, PA WAYNB G. CROOKSTON, JR, PA wILUAM J. SCHWARTL JOHN O. FITLGBRAID II., P.A. PsrBR w. wAR6, JR. ~-. AMBROSE, FI7'ZGERALD & CROOKSTON ATTORNEYS AND COUNSELORS AT LAW 1530 WEST STATE - P.O. BOX 4Z7 MERIDIAN, IDAHO 83680 THIS FIRM INCLUDES PROFESSIONAL CORPORATIONS ,! U ~J - 5 1995 June 5, 1995 Brian F. McColl WILSON, CARNAHAN & McCOLL 420 West Washington P. O. Box 1544 Boise, ID 83701 RE: FARWEST DEVELOPERS, INC. Dear Brian: I received your letter, dated May 2, I apologize for the delay in responding. Bluff No. 2 w is ~ "Because developer committed to b roval gb hethet City roofing material restrictions...apP y Council should be contingent upon complete file review...to verify compliance with all development ~~BPeoN6 (tee) eca.wsl RACSIMILB CAB) dda-3fN ~~~~~'~/r~~ CITY OF ~~RIDIAN 1995, on May 10, 1995. You asked that I respono =°letterla Those inc dents relate to last three (3) incidents In y Hunts Bluff Subdivision SubdivisigondNog 2e1and the house sizesuin sizes in Salmon Raplds Los Alamitos Park No. 1. In regards to the Hunts Bluff height .restrictions on houses, this matter came up as a result of the City receiving a complaint from an owner of adjacent propG 1 smith lhadei di ated thatrthere Greens. He stated that Mr. would not be two story homes n variance that he~would notdconstruct state at a hearing regarding a two story homes on the lots fronting Meridian Greens if he was required not to. There was also a memorandum erta ni.ngetooHunts who was an employee of the City at that time, p h' h stated in essence, as follows: issues." I addressed this issue with the City Council and indilaced on them that there wer thaththere was rno author ty ftoa Place height this property and restrictions now. It was my understanding that a builder was ti r~ /'\ delayed in the construction of a two story home, but was allowed to finish his project. It was also my understanding that this matter was going to be discussed with Mr. Goldsmith to see if it could be agreed that, on lots adjacent to Meridian Greens, no further homes would be built that were two story in height. I do not know the final status of any discussions. In regards to the home sizes in Salmon Rapids No. 2, the Findings of Fact and Conclusions of Law for the annexation state that there will be 1,500 square foot homes within 500 feet of Meridian Greens. The preliminary plat application states that the homes would be 1,400 square feet, but the final plat application states that the homes would be at least 1,500 square feet and on the final plat, it lists 1,800 square feet as being the mandatory requirement. In regards to the home sizes in Los Alamitos Park, the Findings of Fact and Conclusions of Law state that the R-4 house size requirement applies, which is 1,400 square feet. However, the Los Alamitos Covenants, Conditions and Restrictions require 1,500 square feet as a minimum for house sizes. Also, the final plat application received by the City on April 14, 1994, states that the minimum square footage of the structures would be 1,500 square feet. Therefore, from the above, it can be seen that one builder was slowed down while the City of Meridian considered the issues regarding two story houses in Hunts Bluff, but to my knowledge the matter has been resolved. With regard to the house sizes in both Salmon Rapids and Los Alamitos, the City is not requiring a larger house size than Mr. Goldsmith asked for and submitted on his final plats. I don't believe therefore, that the City of Meridian is causing any more hardship on Farwest Developers, Inc., which as I understand it, is basically Marty Goldsmith, then they requested to have placed upon them. If you have any further questions, would you please communicate them to me and I will try and respond to them. n. Very truly yours, ;~ ~ ~ / WAY E G. CROOKSTON, . WGC/jld cc: William Berg Meridian City Clerk 1'1 Meridian City Council May 17, 1994 Page 2 MOTION CARRIED: All Yea ITEM #2: FINAL PLAT: SALMON RAPIDS SUBDIVISION, 49 LOTS BY FARWEST DEVELOPERS: Kingsford: Does Council have questions on that issue? Morrow: Mr. Mayor, I have questions of Gary Smith. Gary could you bring us up to speed, I have some questions from your memorandum dated May 12, item 6. The conflict between square footages on the plat for houses and do we have the verification of 8,000 square feet in the lots 2, 22, 24 -Block 4 and Lot 12 -Block 4? Smith: Mr. Mayor, Council, Councilman Morrow, I haven't heard anything from the developer or his representative concerning those questions. Morrow: So in other words on your memorandum the 14 items have not been addressed, any of the 14 items? Smith: I did get a copy of the street name approval from the Street Name Committee, and that is all. As I mentioned earlier I haven't heard anything from the developer or his representative. At least I don't remember hearing anything. Yerrington: Gary, have you had anything on the development agreement? Smith: Have I had anything on it, no. I haven't been involved in those. Tolsma: I have a question for Gary, on this proposed well site that he had proposed. Ise now that he expects reimbursement for that. Smith: Yes, Tolsma: It seems the cost of that reimbursement is exorbent of what we had in the past. Smith: I don't have a number available to me at this moment Councilman Tolsma. The one lot that I am aware of that we did reimburse a developer for was in the Vineyards subdivision. My length of time here since 1985 that is the only well lot that we have reimbursed a developer for. All the others have been donated to us. In that particular case pressurized irrigation/ well development fund fees were reduced by the value of the well lot at the request of the developer. Tolsma: But the developer also landscaped and does all the maintenance on the ~ ~ ~: _. Meridian City Council May 17, 1994 Page 5 Kingsford: I think I certainly endorse that, we are going to have to have those in. They lollygag along and things are half built before we ever see those things forth coming. Morrow: Let me ask this then, what is the status of the development agreement through the City Attorney's office, the preliminary? Kingsford: I think you should start with Shari, have you seen anything on that? Stiles: Mayor and Council tonight I will be submitting a draft of the Summe~eld subdivision development agreement. This is based on what Wayne Crookston has submitted as a draft copy. And if I can get with Wayne and Gary Smith on some site specific information such as well lots and things like that which will be required for each subdivision. It is just going to take some time to sit down and get those site specific items down. I think what Wayne has provided is a good base and we just need to prepare the exhibits for those site specific items I would say in the next 2 to 3 weeks if we can get together and have time to go over those. Morrow: I guess my question is, I have no problem with, I think the development agreement needs to be part of this package when we bring these proposals before us so we can see exactly what it is that is expected so we know, the public knows and more importantly the person providing the service knows what is expected of them. My question is can we interject the development agreement into the normal flow process so that it is, when these things come before us in terms of the final plats that they are there and we can either approve or disapprove as the case may be the entire project or portions of it or so on and so forth. Stiles: I believe Wayne Forrey will be presenting tonight a really good idea about having the developer essentially come up with a written commitment that outlines everything that was represented during the process: And answers all of the questions that staff and agencies have come up with. Which will help us in the process so it is not so staff intensive and time consuming to go back on these prior projects. Kingsford: Well, 1 think very definitely those things that the development agreement ought to be a part of and submitted with all the other items that come in prior to final plat hearing. We are getting out ahead of ourselves when we don't do that. Morrow: Well I don't disagree with that. Yerrington: Could we withdraw the motion? Kingsford: Well, you could make the motion to reconsider. t ~ ~(~C/i" GV~/J ~~ 7 ~~~~~~~ RECEIVED APR 2 8 1994 CITY OF MERIDIAN April 27, 1994 City of Meridian Attn: Sherri Styles 33 E. Idaho Meridian, Idaho 83642 Sherri: As requested by the City Council, I was asked to fill out a formal waiver form for pressurized irrigation. I have not received a formal application, which I have made many attempts to pick up. In lieu of a formal application, I have submitted letters fulfilling Meridian City Council's requirements to apply formally fora waiver of pressurized irrigation. Please call me if there are any questions or comments. Thank you, j~~~_ ~.. Marty Goldsmith CC: Wi11 Berg Gary Smith 4550 ~t~ date ~ie~ ,~dafea X3%06 /YOB% 7.~8.9iC~ r-~ ~a~~~~~ ~~~~~ ~~ PRESURRIZED IRRIGATION ''" WAIVER APPLICATION FOR LOS'ALAMITOS PARK AND SALMON RAPIDS SUBDIVISIONS 4550 ~ ale .~i~rsc, .~~a 8l~06 ~~08~ SJ8,9j06 .. ~a~e~~ JJJPC~er,~~e~`~ /"i INCLUDED IN THIS PACKAGE ARE THE FOLLOWING ITEMS: 1. LETTER TO'SHERRI STYLES FROM MARTY GOLDSMITH 2. NOTES FROM WILSON, CARNAHAN AND MCCOLL ADDRESSED TO THE COUNCIL 3. LETTER TO GARY SMITH FROM MARTY GOLDSMITH 4. LETTER TO THE .:COUNCIL FROM ROYLANCE AND ASSOCIATES 5. STATEMENT REGARDING .PRESSURIZED IRRIGATION 4x'.50 ~ ale ,~ree, ,~e~u 8lj06 ~~08~ Jl8,9j08 ,., ~a~rc~e~t ~Jeaeaaa~e,~~ April 27, 1994 City of Meridian. Attn: Sherri Styles 33 E. Idaho Meridian, Idaho 83642 Sherri: As requested by the City Council, I was asked. to fill out a formal waiver form for pressurized irrigation: I have note received In formal application, which I have made many attempts to pick up. lieu of a formal application, I have submitted letters fulfilling Meridian City Council's requirements to apply formally for a waiver of pressurized irrigation. Please call me if there are any questions or comments. Thank you, ------ ~-'' ty~- i~~ / Marty Goldsmith. CC: Wi11 Berg Gary Smith 4550 i`~..~ate Vie, .~r~o dJ~06 ~106~ .llB,9jOd WILSON, CAgNAHAN & MCCOLL LAWYEBS JEFFREY M. WILSON DEBRHA JO CARNAHAN BRIAN F. McCOLL STEPHANIE J. WILLIAMS~ 420 WEST WASHINGTON POST OFFICE BOX 1544 BOISE, IDAHO 83701 TELEPHONE (2081 345-9100 - IDAHO (503) 881-It00 -OREGON FACSIMILE (208) 384-0442 `ADMITTED IN IDAHO AND OREGON Meridian City Council 33 E. Idaho Ave. Meridian, Idaho 83642 POST OFFICE BOX 321 ONTARIO, OREGON 93914 April 27, 1994 Re: Salmon Rapids Subdivision/Los Alamitos Park Subdivision Gentlemen: My client, Marty Goldsmith, has requested that the referenced Subdivisions be waived from Section 9-606(b)114) of the Subdivision and Development Ordinance. In addition to meeting the precise ordinance waiver requirements (deeding the City a well site in the case of Los Alamitos Park Subdivision and inadequate water rights in the case of Salmon Rapids Subdivision) there are extenuating circumstances justifying the grant of these waivers. As background, the status of these Subdivision Applications is: 1. January 31, 1994: P & Z Findings of Fact and Conclusions of Law. 2. March 15, 1994: Public Hearing on annexation, zoning and Preliminary Plat with annexation and zoning granting. 3. April 5, 1994: Annexation and zoning ordinances (ordinance Nos. 639 and 640) executed. Although the ordinance requires subdivisions to develop pressurized irrigation systems absent a waiver, the proceedings before the Council on these and other subdivisions have been, at best, confusing on this issue. At the March 15 public hearing there was no mention of a pressurized irrigation system with respect to the Salmon Rapids Subdivision. Los Alamitos followed on the agenda and when the Meridian City Council April 27, 1994 Page 2 issue was discussed, the Mayor with the support of the City Attorney, repeatedly {Page 39, 40 and 46) advised Mr. Goldsmith that, although the Council thought it was a good idea, they could not require a pressurized irrigation system without passing a further ordinance. Specifically, the Mayor indicated (on Page 46) that it was the Council's recommendation that the developers use surface water for irrigation ...that the Council needed an ordinance to justify it ...and that he would recommend that there be a public hearing on such an ordinance by the next meeting. Under these circumstances, Mr. Goldsmith requested that he be permitted to deposit into the well fund, but further implied that if he was going to be the first developer required to install a pressurized irrigation system, that other developers ought to be on notice that the same would be required of them. When the annexation and zoning ordinances were signed they did not require, as a condition of annexation, the development of individual pressurized irrigation systems for either of these subdivisions. Hearings were held for Preliminary Plat approval for both subdivisions was granted at the April 19, 1994. In the interim, my client understand that several subdivisions have obtained annexation, zoning and plat approval without the requirement of the irrigation systems. In fact, as late as April 5, 1994 at the public hearing for Preliminary Plat approval of Finch Creek Subdivision, on the issue of whether a pressurized irrigation system was mandatory or voluntarily, responding to inquiries from the Mayor, the City Attorney indicated that the ordinance still permitted the developer to go either way. The confusion continued with Councilman Morrow stating in summary: I have no further questions, it seems to me like basically we are in a Catch 22 position. We need the pressurized irrigation and we can't force anybody to put it in at this point in time until we have the ordinance. By the same token, Mr. Goldsmith's comments are absolutely correct if nobody else is going to do it voluntarily, neither should we require him to do it until we have the ordinance. My direction here would be that we move to approve the Preliminary Plat as submitted. And I hope that by the time it becomes a final plat before us here that the pressurized irrigation is a part of the package. And I understand that would be strictly voluntary on their part. .~ Meridian City Council April 27, 1994 Page 3 It would seem that the Council needs clear legal guidance as to whether a pressurized irrigation system can be required under the existing ordinance. If the answer is in the affirmative, then the policy ought not to be applied retroactively just to Mr. Goldsmith. Would it not be better to grant Mr. Goldsmith the waivers he has requested and for which he has legal grounds under the existing ordinance and then for future developments, uniformly require the pressurized irrigation systems. I appreciate consideration to this matter and would be happy to discuss any questions that arise. Yours sincerely, ~% BFM/sl cc: Marty Goldsmith Gary Smith Wayne Crookston c/ ~i~~~i~~ ~y~~i~t~i(J~ ~~ April 22, 1994 Gary Smith - Meridian City Engineer Meridian City Hall 33 West Idaho. Street Meridian, Idaho 83642 RE: Request wavier of Section for Los Alamitos Park and 9-606.B 14 Development Ordinance Salmon Rapids Subdivisions Mr. Smith; At the city council meeting on April 19, 1994 you requested that I submit to you a request for a waiver of Section 9-606.B 14 of the municipal Subdivision and Development Ordinance. This ordi- nance requires irrigation systems be provided in all new subdivi- sions unless waived within one of three scenarios. A.) proof is presented that the parcel does not have water rights from an existing irrigation district.. B.) the developer provides a well. C.) the developer deposits funds with the city to provide addi- tional water for combined water .service to several subdivisions. With respect to Los Alamitos Park, we would like to assist the City of Meridian in providing for additional water for several subdivisions. We would like to have our ''requirement for pressur- ized irrigation be waived for payment to the`'cty according to scenario "C" above. Rather than making a cash payment we would like to deed the City Lot 2 Block 2 of Los Alamitos Park Subdi- vision for a well sight. The value of land. we propose to provide is approximately $30,000 (equal to a $400 deposit for each of 75 lots being developed). In our conversation you have stressed the need the City has for a sight for a new well. I am trying to combine the need to develop the Los Alamitos Park Subdivision within the Development Code and helping the City of Meridian meet it's other requirements. I think this will meetfitafromathislplan?yoWould1yo~nrespondhatCity of Meridian can bane your soonest opportunity. With respect to Salmon Rapids, the attached letter and response establishes that this subdivision should be waived for the ordi- nance due to inadequacy of .water. Sincerely oo~~.. ~ J~ MarGoldsmith Y 4530 ~ ~ak ,~uwe, .~~a 8lj06 ~108~ JJ8-9j0A r~r~~e~t r~o. ~~3~ pprit 2d, 9994 "Ph® Honorelalerent {<irtgsfnrd, Mayor, erid Membors of the Gc~uncil City of Mericiipni 331Nes1 Idahn l~trr3ot Merldi~+n, ideho~ E3:lG~t2 i F~lr~ 1Naiv+ar of f~ressurized Irrigation fZequRrarnertts for Solmvn rapids Subdl~isiori i Mr. Nlrryor, ~ Yhls office Atrk ~ lh~t $fl due considor~tian be liven to t~~vrtor this waiver reyusst. ~s slated in § 5•fit~Ei.l'i.14 of the municipal ~.~~iivi~i~i~~ti.~._L~~.Y ~~-~~ ~~ ~~fr) e~~c,nfir ii a r©qurr-$t may t~ o rented by the City C~~ur7r:il (.provided tt'iat 8 tl~o fact that a ~articluar property door not pos ioe scrans ~tenl fiWatlrri{~at on r, y (3esi~8 11~Is service F'I ese Sind enclosed o i Hpari (rvm t In support v1 thi~ pasitivn. II you i'-avo rany ic~uesiions or concerns in regarrJ to this mattor, please dp nr~t hositato to ccmtac;t rno rat 3~3G•739A. ~lnGerely, j Mike Strre~nrsbn~ry F'roJact Mano~e~r i cc' Marty Gold~mith, Fanvest DeveivpArs ~ O ~~ S STEM PLANS & S ECIf ICATiONS Si y P GH 5 44 WEnvfR Av~NUE BoisE, ID B 3 704 SALMON RAPIDS SUBDIVISION ---IRRIGATION NEEDS--- E. LEE BEAN (203) 37G-92713 this subdivision irrigation water requiresents is based an 150 lots, with landscaping on 0,000 sq. ft./lot. Norval irrigation schedule, based on odd-even day irriyation, with three 2-i/2 hr. tine slots, as follows: Ao - 10:30 PM to 1:30 AM, Bo - 1:30 PM to 4:00 AM, Co - 4:00 AM to 7:00 AM, Ae, Be and Ce save as above. ft. Based on a peak dewand of 0.25 inches per day, an 8,000 sq. landscaped area requires a flow of 17 GPM for 2-1/2 hrs., on an every-otF~er day schedule. Therefore, i/6th of lots are irrigating at one tiwe, and total flow required will be 425 GPM. F-lowever, for this property, ditch water is only available two days out of 10.• Therefore, an day "one", A, B and C lots need to apply enough water to last 10 days, which would require a flow rate of 85 GPM each. Total flow to subdivision would need to be 2,ic5 GPM. Also, the application of A5 GRM to 8,000 sq. ft- in 2-1/2 hrs. would require a precipitation rate oft leXOuredcr'soilrby which exceeds the average intake rate of heavy approxit:ately five tiles. Flood irrigation, with a dike around the landscaped area, would be the only solution. Using ditch water for landscape irrigation, should be based on a ^inisum flow of 15 GPM, to volts autowatic irrigation feasible. Larger lots will require larger flow rates, or more than 2-1/2 hrs. each irrigation, based on a two-day schedule. C_ ~~ ~ ~ ~_~ Respect ally subwitted, E. Lee Bean /"~ MERIDIAN CITY COUNCIL MEETING: April 19 1994 APPLICANT: MARTY GOLDSMITH AGENDA ITEM NUMBER: REQUEST: PRELIMINARY PLAT SALMON RAPIDS SUBDIVISION -COMPLIANCE OF CITY ENGINEERS COMMENTS REFER TO MARCH 15 1994 MEETING PACKET AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: COMMENTS ~~ ~- ~ ~ ~'~ ~~P ~~~'x' ~ ~~ v~ ~ i~,~~'/~`~' ~` ~ ~ L C US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: z m w w m w ov w E ~» r r rD w 0 b r w m c W w E rn x O 0 w w ~t rfl w rr. w 0 a w E o+ 0 G a a w M W N n w o' w a n w co a oe r• w m ~t r• m ~ C W ~ ~ n w w N U1 .~ w om a. o n o m m n o w ~ ~ ~ O ~ ~ n a m c a~ ~ ~ m o rr N o ~~ o b ~w ro n a ~o w wo M w o' w a. n W f1 a x w to r~ W O ~ ~-' ~ ~D ~o F-+ to w ~ E R o co c arm v ~D x ~o b w b m 0 r tD w w r w 0 a to ~t V n w a w w d F'~ n x w a ro m n w 0 r~ ~c z r~ e H c H H z w CA r w w r+ c~ a w o' O C to ro r w ~o ~ m ~ wb ro ~ n ~ o m r.~.an ~t ~ a m c+ o ~ w ~ ~ p i ~ I ~ 1 N 1 N ~ ~-. ~v N b w 0 o rr b t't b -i o rY o ~* ~* ~ o' ~ o' c~ w ~w -~m ~r ~o cr co ro rw ~~ w ~, 0 0 w rn 0 n ro rr c~ Fj -~ to 2 C m ao v m ~ o O a Z N m D ~ ~r o µ C ~ ~ °' y z .. ~1 0 ~ ~ ~ ~ ~ Z ~ C7 ~ ' ~ w ~ ~ m -~ o O D ~ ~ Z ~ O o C 0 0 ~ ~ w O ~ m to m ~ O m ~ ~ m ~ v !n o O ~ ~ C ~ ~ D Z Z -i m Z v m O m v t"1 ~ ~ ~ ~ ~ ~ ~ r ~ ~ ~ D css Z -~ r OZ v ~ ~O oy 0~ L7 ~ m~ O~ vN z dm ~~ v ~D mz C ~_ n N C O m N Z m .• D -, v i ~ J ~-~ i DEVELOPMENT AGREEMENT ~ .y ; ~ _ :. . d`-~~ ~ - f~ -- -- C'~~i .~-~/ THIS AGREEMENT, made and entered into this '~.~ _flf - 1994, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party of the first part, hereinafter tailed-the- "CITY", and _ est Developers, Inc., party of the second part, hereinafter called the DEVELOPER", whose'address is 4550 West State Street. Boise. Idaho 83703 WITNESSETH: WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning of land; and WHEREAS, the CITY has passed two development agreement ordinances, one when land is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned, 11-2-417 D; and WHEREAS, the DEVELOPER has submitted an application for annexation and zoning, or an application for rezone, of that certain property described in Exhibit "A" , and requested zoning of RR=4 and has submitted a subdivision preliminary plat for said property which has been recommended for approval by the Meridian Planning and Zoning Commission; and WHEREAS, the DEVELOPER made some representations at the public hearing before the Meridian Planning and Zoning Commission as to how the land would be developed and what improvements would be made; and WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or rezoning of property; and WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this agreement and acknowledges that this agreement was entered into voluntarily and at its urging and request; and WHEREAS, the DEVELOPER, as sole owner of said land, has made request to the CITY to have the same annexed to said CITY, or rezoned, and has submitted to the CITY a Plat thereof which has been approved for annexation by the CITY and as part of the annexation or rezone the CITY adopted and .approved Findings of Fact and Conclusions of Law; and, Rev. 12/05/94 SALMON RAPIDS SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 1 WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement: and WHEREAS, the said City Council in the Findings of Fact and Conclusions of Law annexed or rezoned the property subject to de-annexation if the DEVELOPER did not enter into a Development Agreement. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: DEVELOPER agrees, and hereby binds his, its, or their heirs, successors and assigns to this agreement, in consideration for the annexation, rezone, or the non-de-annexation of the area, as follows: 1. That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 2. That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit "A" , only construct single-family houses and that all such single-family houses shall have at least 1.400 square feet of floor space, exclusive of garages, and any single-family home within five hundred (500) feet of Meridian Greens Subdivision shall have a minimum of 1.500 square feet of floor space, exclusive of garages. 3. That the property is zoned R.=4, described in "Exhibit A", and shall have lot sizes of at least fight thousand (8.000) square feet, which is the size represented at the City hearings, and shall meet all of the requirements of the RR=4 zone and allow no duplex units, townhouses, or patio homes constructed on said property. 4. That there shall be no change to increase the number of lots or reduce the size of lots as shown in the preliminary plat submitted with the request for annexation, zoning and preliminary plat approval, which is incorporated herein as if set forth in full herein. 5. That DEVELOPER will, before annexation, or de-annexation, file or cause to be filed with the City Engineer, a complete set of "Subdivision Improvement Plans" showing all streets, utilities, pressurized irrigation facilities, sewer, water, drainage, street and other similar signing and barricades, and other such improvements contemplated within the subdivision, which Plans and all improvements shown thereon shall meet the approval of the City Engineer. The Subdivision Improvement Plan, or Plans supplemental thereto, shall also show the proposed location of pressurized irrigation facilities within or that may affect or be affected by the development. Said Subdivision Improvement Plans are incorporated herein and made a part hereof by reference. Rev. 12/05/44 SALMON RAPIDS SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 2 ~ i--~ 6. That DEVELOPER will, at his, its or their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs, gutters and sidewalks, pressurized irrigation system, electrical transmission lines, natural gas lines, telephone lines, sidewalks, cross drains, street, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Subdivision Improvement Plans. DEVELOPER shall also install telephone, electrical power, gas lines, and television as required for the development. 7. That DEVELOPER will construct and install all such improvements in strict accordance with the filed and approved plat and Subdivision Improvement Plans, and the City Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the time the construction of said improvements is accomplished, or as otherwise agreed between the DEVELOPER and the CITY if the standards and specifications are more restrictive and onerous at the time of construction than at the time of execution of this Agreement. S. That DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of when and of what portion, or portions, of said improvements he intends to complete and the time schedule therefor; and agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the City Engineer. 9. That DEVELOPER will have "corrected" original drawings of the Subdivision Improvement Plans of all said improvements prepared by a Registered Professional Engineer and will provide the CITY with said Plans or a duplicate mylar copy of said Plans. The Subdivision Improvement 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 building service lines, the curb and gutter alignment and grades, etc. The "corrected" Subdivision Improvement Plans shall include a "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans of the various improvements are true and correct and that he (the Registered Professional Engineer) has inspected the construction of the various improvements (water lines, sanitary sewer lines, pressurized imgation lines, gas lines, electricity lines, storm drain lines, sidewalks, curb and gutter, street paving, etc.) and that the materials for and the installation of the same were all done in conformance with the applicable City Standard Engineering Drawings and Standard Engineering Specifications governing the construction of these facilities. 10. That DEVELOPER will, immediately upon the completion of any such constructed portion, portions, or the entirety of said development, notify the City Rev. 12/05/94 SALMON RAPIDS SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 3 Engineer and request his inspection and written acceptance of such completed improvements. 11. That DEVELOPER agrees, that upon a fmding 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 cost of such construction, in such manner and under such terms as the CITY shall order after conference or attempted conference with the DEVELOPER after notice. Provided, however, the City Council shall not make the finding set forth in this paragraph except at a regular or special meeting of the City Council and unless the DEVELOPER has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be present in person or by counsel, and to be heard on the merits of the proposed finding. 12. That DEVELOPER agrees that upon his, its, or their having received written notification from the City Engineer, that any of the requirements herein specified have not been complied with, that the CITY shall have the right to withhold the issuance of any Certificates of Occu~ancX within such annexed area and/or shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed area until such time as all requirements specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its decision shall be final, except that the rights of the parties are preserved at law and equity. 13. DEVELOPER agrees that, in the event any of the improvements required herein are not timely installed, the CITY may, at its sole option, install the improvements and declare the entire cost of said improvements to be immediately due and payable and may seek to collect such sums in the manner provided by law, or may pursue any other remedy set forth herein or as may be available in law or equity. In the event of such declaration, all sums due shall bear interest at the prime interest rate of First Security Bank of Idaho, plus five percent (5 %) per annum, until paid. Rev. 12/05/94 SALMON RAPIDS SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 4 ~ n 14. That DEVELOPER agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement, to secure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, pressurized irrigation system, landscaping and berming, and fencing. In the event of DEVELOPER'S failure to complete such installation, the CITY may install such improvements and, without notice, foreclose this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of Idaho; provided further that upon request of the DEVELOPER, the CITY will execute and deliver a partial release of the lien created herein against all or any portion of the subject land, upon completion of that portion of the total improvements installed which relates to the percentage of improvements that have been installed as compared to the total amount of improvements. The CITY further agrees that, upon request of DEVELOPER, the CITY will; by written agreement, subordinate the lien created hereby, to any mortgage, deed of trust, or other security device required to secure the payment of any loan or advance made to DEVELOPER for the sole purpose of financing the construction of improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall first warrant and represent in writing that it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will take reasonable precautions usual and customary to the financing and lending industry to ensure that the loan proceeds or advances will not be used for any other purpose. The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure the installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 15. That DEVELOPER agrees that those portions of the water main or the sanitary sewer line, for which the CITY has expressly agreed to enter into a late comers agreement, if any, for including any water or sewer line extensions, increased line size or capacity, are required because of future service needs originating from properties not owned by DEVELOPER and located within the vicinity of the subject development; that sound planning requires construction thereof at the present time in order to accommodate future expansion and development. In recognition of the cost savings which can be accomplished by construction of such excess capacity and/or improvements concurrently with the facilities to be constructed for DEVELOPER's purposes, and the impracticality or impossibility of constructing such excess capacity and/or improvements separately or at a later time, DEVELOPER agrees to design and construct such facilities subject to the CITY's agreement to enter into a late comers agreement to reimburse DEVELOPER for a portion of the costs of such excess capacity. DEVELOPER agrees to obtain three independent bona fide bids for the performance of such Rev. 12/05/94 SALMON RAPIDS SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 5 ~ y"~ 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 specif c identification of that portion of the construction work for which the CITY may possibly agree to enter into a late comers agreement. The CITY's obligation to enter into a late comers agreement to help DEVELOPER to pay for such costs shall be limited to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER to perform the work. 16. That DEVELOPER agrees that no Certificates of Occupancy will be issued until all improvements are completed, 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 Occu~ancX shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 17. That DEVELOPER agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in Exhibit "B" attached hereto and by this reference made a part hereof; and agrees to construct a perimeter fence around the entire parcel prior to any construction, except where roadways and streets for access are located and except where the CITY has agreed that such fencing is not necessary. 18. That DEVELOPER agrees that any notice required by this Agreement shall be given at the following address: CITY of Meridian: DEVELOPER: City Engineer Farw est Developers Inc City of Meridian ~ Goldsmith 33 East Idaho 4550 West State Street Meridian, ID 83642 Boise ID 83703 19. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 20. All covenants and conditions set forth herein shall be appurtenant to and run with the land and shall be binding upon DEVELOPER's heirs, successors or assigns. 21. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 22. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact Rev. 12/05/94 SALMON RAPIDS SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 6 and Conclusions of Law, this Development Agreement, and the Ordinances of the CITY of Meridian. DATED the date, month and year fu~st appearing. DEVELOPER: Farwest Developers Inc Name: M~rt~Goldsmith Title: President Y~ Name: Ken He dPrson Title: Secretary CITY OF MERIDIAN O~ ~ V r ~ '3i~7.~4~`,0 ~`~ ~;' ~~ ~ °°°° '~'o ~ ~~ Grant P. Kingsford, Mayor .~. > ~' 4 ,~:: a ~,r~ ~. ~!¢~~'d ~_._ ~ William G. Berg, Jr., Ci Cl k Rev. 12/05/94 SALMON RAPIDS SUBDIVISION NO. I DEVELOPMENT AGREEMENT Page 7 STATE OF IDAHO ) County of Ada ss. ~. ,-~ On this % day of ' :~ `°/; ~, ~' , 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared Marti J Goldsmit~i, and Ken Henderson, known, or proved to me, to be the President and Secretary, respectively, of said corporation 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. = -Fs,-e'Gtaess'a~s~ ,~~~{f -~.~8 ECG,°~sie~ . `e .,tip sa®®~.®q • ~ ,~ _ti o n e, .y •~ Notary Public for Idaho 4 ~ ~ 11flT'~p.Y ~ N~,r ~.~ t z,~~ Residing at: CtC ~% r I~L~Y~ -E; ~' _, ~~~~UBL~G ,~ My Commission Expires: ~ ; ~ ~ ~ [~r"> - a ~, s, s ~`J ~ ~aa°®waeooo°®A`S1~ ~'8~ AP®°~'me ~ ~ F ~~ A~ ~~~ STATE OF IDAHO ) County of Ada ss. On this _~ day of Pc r~+ ~<~ , 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared GRANT P. KINGSFORD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian executed the same. 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Construct anon-combustible fence along the Eight Mile Lateral within the Nampa- Meridian Irrigation District easement as provided for in the license agreement between the Developer and the Nampa-Meridian Irrigation District. 2. Tile all other ditches, canals and waterways, including those that are property boundaries or only partially located on the property. 3. Extend and construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines, as well as extending and constructing water and sewer line extensions through the property. 4. Construct curbs, gutters, sidewalks and streets to and within the property. 5. Dedicate the necessary land from the centerline of Locust Grove Road for public right-of- way, including any necessary bike lanes. 6. Pay any development, impact or transfer fee adopted by the CITY. 7. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the CITY. 8. Construct atwenty-foot (20') landscaped berm along Locust Grove Road to be maintained by the Homeowners Association. 9. Construct and install pressurized irrigation to all lots within this subdivision. 10. Provide pedestrian walkways in accordance with Meridian City Ordinance 11-9-605 C. 11. Continue planting strip in accordance with Ordinance Section 11-9-605 G. along culdesac near Locust Grove and construct a vertical curb to help prevent cut-through traffic to Locust Grove. 12. Provide perimeter fencing prior to obtaining building permits. ~~ n EXHIBIT B Rev. 12/05/94 SALMON RAPIDS SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 1 of 2 13. Petition the Ciry Council for amendment to this development agreement at such time as future phases of Salmon Rapids Subdivision are proposed to incorporate specific requirements. EXHIBIT "B" Rev. 12/05/94 SALMON RAPIDS SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 2 of 2 OQ/07ffl4 15:13 $208 342 41i57,.r..._.. „. RINGERT .CLARR ,.... _ ~ ~ .*_tr~N F+.anri fax transmittal marno 7671 xotpe,, . - `~ RI.NGERT CLARK LAWYERS c Fre ~J " o. o. papt, Phone N ax -~ - `"~ ~ 1 ~ [001/001 wllNum P. Rlntton o. gilt Clay AlXllaWdd. HUMry1Jr~1 Jpmos O. Rbfd ~attroy R. Ci+dp+taneern Jerrtaa r. XpuO'nan Pt+trlAlt D. FUr6Y g ~''~i,xtue ti. 81vt1 ~~~ Ni. ~D'yn L. !~+'Ct+r~Y avid ~„ ttrttatqulat June 7 , 19 9 4 paned v. staonson Stevan C. M+at>:+ttY JUN 0 8 19 ° 4 gG,rwwd wutrron I ~ ~ r. t twGl city of Meridian 33 East Idaha Avenue Meridian, Idaho 83642 Re: License Agreement - Phase 1 Work i.n Los Alamitos Park Subdivision (Ninsmile Drain) and :Salmon Rapids Subdivision (Eightm~,le Lateral) pear Sir; As the attorney for Nampa & Meridian Irrigation nistrict who prepares license agreements, I notify you that Marty Goldsmith, dba Far west Developers, through his engineer, Robert E. Jones of Roylance & Asegaciates, has provid®d me re arationsofiatlicens~ agrtsment ther intormat:lon direoted toward my p P The construction work and activity to be oovered by the liaaThe agreement is restricted to what licensee refers to as "Phase ~.." specific work and activity license® has requested be includlsd in the licenr~e agreement consist of replacement of a 30° pipe with a go" pipe in Ninemi7.e praln immediately north af' Los Alamitos Park Subdivision, minor grading consisting of leveling ground from the back off' lots to the top of the ditch bank, and the placing of one fence each along Eightmile Lateral and Ninemile Drain at a looation acceptable to the Di~triat. z under>~tand aons~iderable construction work and activity wil]. be peri'ox'med by license: in and near thes® two subdivisions in the futuxe. xowever, that work and activity is~ apparently in later phases of they work and will not be covered by the present license agreement. z have had insufficient time to prepare the agreement and in addition the District's water >~uparintendent is gone from hil~ offict this weak. Yours very truly, err ng on AMH/ 1 lw ca: Rabert E. Janes (by fax) a~.ll Henson 45.5'1 SoUCh'['ht1rC.1 SCYO~t • f'.Cl, GiCiX 2773 + DO156, 1Cltalt0 8:3701 • 2013/342-4591 I~AX 34d-4657 MERIDIAN CITY COUNCIL MEETING: Mav 17 1994 APPLICANT: FARWIz,ST DEVELOPERS AGENDA ITEM NUMBER: 2 REQUEST: FINAL PLAT SALMON RAPIDS SUBDIVISION A EN Y CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: COMMENTS FORTHCOMING CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: COMMENTS ADA COUNTY HIGHWAY DISTRICT: ~~ ll ~~ ~~ ~~ ADA COUNTY STREET NAME COMMITTEE: +~0 S~ 11 ~9H CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: ~ ~' ~~ ~~~ 5 ~ n RECE~`l~D May 5, 1994 To: Meridian City Clerk MAY - 6 1994 CITY CF ~gERIDIA,Id RE: Fencing of boundary between Salmon Rapids and Kachina Estates. We, the homeowners of Kachina Estates have received the letter and brochure from Marty Goldsmith, and our discussion of the chain link aluminum filler strips, appears to be satisfactory in the areas of unclimable, sight obscuring and non-flammable. We feel this fence would not prevent the drift of herbicides used in controlling vegetation along irrigation ditches and that could possibly cause damage to lawns adjoining that fence and there is always the possibility of children playing near the area of spraying. In response to the Ada County Code for RT Zoning which was cited in the above mentioned letter, we are agricultural at the present time, although we do not perform heavy farming, we simply must use burning and sprays to maintain large pasture areas. These areas are not as easily maintained as a small subdivision lot or backyard. In lieu of lawnmowers, we use swathers and balers and bush hog mowers. This machinery is used primarily during the hot summer months and generally during the early morning or late evening hours to utilize the proper moisture content during baling. We ask that all this is taken into consideration by the City Counsel and the City Clerk. Respectfully submitted by: Kachina Estates Homeowners ~_- 1`~~~ . Les Schild, Representative ~a~~e~t ~Jec~e/,a~r.~~a April 25, 1994 The Honorable Mayor Grant Kingsford and. Members of the Council City of Meridian 33 West Idaho Street Meridian, Idaho 83642 RE: Fencing of boundary between Salmon Rapids and Kachina Estates Mr. Mayor; .~_~ s ~~~ APR 2 ~ 1~~~ I am attempting to find a way of satisfying the concerns that the residents of Kachina Estates have expressed. It is my intent to find a way of providing new home sights in Salmon Rapids Subdivision while protecting the rights of our neighbors in Kachina Es- tates. I believe the residents of Kachina Estates have the right to pursue the lifestyle that attracted them to this area in the first place. I understand that an unclimable sight obscuring fence that is not flammable will provide the type of security that has been requested by these residents in their letter to the City of Meridian. Enclosed is a vicinity map that includes the boundary which I propose to fence and a manufacturers brochure for the type of fence that we propose. This appears to us to address each issue that the residents of Kachina Estates have discussed. I am trying to help you to evaluate my effort to resolve this issue. Additional information that relates to some concerns for development of residential areas adjacent to existing agricultural areas can be found in the Ada County Code. They have addressed many of these issues by zoning this area RT. The intent of the Ada County zone RT is to provide for a transition from agricultural and rural areas to urbanized housing. It provides for increased restriction of agricultural uses to allow residential urbanization to take place without being affected by nearby farming. I have enclosed a copy of this section of the code for your information. Respectfully Submitted Marty Goldsmith 4.550 ~ mate ~~ ~da~a 8J~06 ~~08~ .fJB-9j08 /'~ ~~~e,~t ~er~e~jr,~~.~ /'~ Apri125, 1994 Les Schild 2425 South Mesa Way Meridian, Idaho 83642 RE: Fencing of boundary between Salmon Rapids and Kachina Estates Mr. Schild; I am attempting to find a way of satisfying the concerns you have expressed. It is my intent to find a way of providing new home sights in Salmon Rapids Subdivision while protecting the rights of our neighbors in Kachina Estates. I believe the residents of Kachina Estates have the right to pursue the lifestyle that attracted them to this area in the first place. I understand that an unclimable, sight obscuring fence that is not flam- mable will provide the type of security that you have requested in your comments to me and to the Meridian City Council. The chain link fence with metal slats that I recommend is an improvement over open chain link fence with a berm. With this type of fence a youngster with an air rifle would not be able to shoot through the fence, headlights would not shine through the fence and children would not readily cross from Salmon Rapids into Kachina Estates or vice versa. However uncontrolled burning would blacken this fence as it would any non flammable object. On Apri122nd I talked with Walt Marrow regarding this .issue and he expressed the opin- ion that a masonry wall is not appropriate at this sight and that weeds might be allowed to grow along the fence creating a home for vermin. In the covenants and requirement for this development I will provide for individual homeowner maintenance of our side of the fence. Mr. Marrow suggested that I write and ask that the Kachina Estates home- owners be willing to provide similar maintenance for the other side of the fence. I am concerned that you might consider allowing weeds and brush to grow up along this fence so that it might create a fire hazard to the new home owners in Salmon Rapids. I request your assistance and that of the other residents of Kachina Estates in mainte- nance of your side of the fence. Enclosed is a vicinity map that includes the boundary which I propose to fence, a copy of a letter that I am sending to Mr. Walt Marrow and a manufacturers brochure for the type of fence that we propose. This appears to us to ~idress each issue that you have raised. I am trying to help you to evaluate my effort to resolve this issue. Please call if I may be of additional assistance in this matter. Respectfully Submitted Marty Goldsmith 4550 ~ Fate ~oti+e, ~dmla 8.l~06 ~~08~ .1J8,9jOB /'~ ~~r,~e~~ ~ec~e~~ev~ /'~ Apri125, 1994 Councilman Walt Marrow City of Meridian 33 West Idaho Street Meridian, Idaho 83642 Mr. Morrow; Thank you for meeting with me to discuss the fencing along the boundary between our proposed Salmon Rapids Subdivision and the existing Kachina Estates Subdivision. Your suggestions have been helpful especially the comments about the inappropriate- ness of a masonry wall at the boundary of Kachina Estates and Salmon Rapids. I also wish to provide a copy of the letter.that you recommended I write to Mr. Les Shild of Kachina Estates. I also would like to provide you with a copy of the Section of the Ada County Code as it does relate to the development of Salmon Rapids and its relationship with-Kachina Estates. The Code should alleviate the concern you expressed of agricultural activity next to residential areas creating future conflict. Ada County has endeavored to end this potential conflict in writing the development code. They intend agricultural use to be re- stricted as urbanization takes place. This is the basis of zoning this area (including Salmon Rapids Subdivision and Kachina Estates) RT. It appears that the open burning and some of the other activities that Mr. Shild states are common in Kachina Estates are restricted as urbanization takes place. In RT zoned land use the intent of the Ada County Code is that urbanization is to take place and agricultural uses are t4 become limited so that theX will no impact nearby urbanizing areas. This should be a basis for eliminating legal questions in the future. Thank you for your assistance in this and other matters. If I can be of help please call me. Sincerely Marty Goldsmith 4550 ~ .~at~ ~~iwc, ~r~o 9.906 ~108~ .f38,9j08 ~ ti+cl~li~lnr~~ ~ ,~ ~,I \~<~ ~~ <` c.<<i~ cr~~I s --------.---- `.t ~ _---__---._ _ _.__ __ ~__I ~~'~% ~ . ~ c.~ ~ ~U1.. l ~~' ~ •~,~ VIC:l01ly rzr~,~r~ ,_~ U t'~f •~` Jt-'Oll I Stililld ~~~~ r~c.~Ir~r I ., ~~c' ~~ Ir ~ RQ~I (.~S ` _. ~~ ~, I<ncl~llr~n ~s~rn•Ies VICIYVI"N"Y MA~f~ NIs r. ~UU ~ SOU .~ .~ 8-4C-1 CHAPTER 4 SECTION: RURAL AREA DISTRICTS /'~ 8-4C-2 ARTICLE C. RT RURAL TRANSITION ZONE' 8-4C-1: Purpose 8-4C-2: Principal Permitted Uses 8-4C-3: Accessory Uses 8-4C-4: Conditional Uses 8-4C-5: Prohibited Uses 8-4C-fi: Design and Dimensional Standards 8-4A-1: PURPOSE: The purpose of this Article is to identity lands lying within the Areas of City Impact on the Ada County Comprehensive Plan Map it~at are not zoned residential, commercial or industrial. Such lands are presently not served by urban services and urban growth should be discouraged until urban services are extended. At such time, it is appropriate to rezone RT lands to applicable urban zoning classifications and to permit development that is in accordance with the applicable City/Community Comprehensive Plan.. Until such tune, appropriate use of these lands include agricultural uses arld residential development of a rural character. Since the long term use will be urban development, it is important to limit uses to those that will not significantly impact nearby urbanizing areas with noise, odor, dust or other agricultural nuisances normally related io more intensive farm uses, such as: feed lots, stockyards or other similar uses. This Article, f~owever, shall in no way preclude the continued use of lands within these areas for agricultural purposes. 8-4C-2: PRINCIPAL PERMITTED USES: Agricultural purposes Single-family dwelling or One per lot. mobile home (Ord. 33-69-84, 7-11-84; amd. Ord. 212, 12-4-89) 1. Tliis Chapter and Article previously named Chapter 4, Agricultural Preservation Districts, Article B. AP-2 Agricultural PreservationlUrban Expansion Zone, changed by Ordinance 212, 12-4-89. 5P0 n 8-4C-4 8-4C-3 - 8-4C-3: ACCESSORY USES: Agricultural out-buildings Garage or storage building Greenhouses or nurseries Group day care home Home occupations Roadside stands Shop Private. Private. (See Section 8-13-12-2B). (See Section 8-13-12-2C). Private. For repair of machinery, equip- rnent and vehicles in connection with agricultural purposes. Signs (See Chapter 11) Business AS Home AS Project AS Property AS Public AS Swimming pools (See Section 8-13-12-2D). Temporary living quarters (See Section 8-13-12-2E). (Ord. 33-69-84, 7-11-84; amd. Ord. 165, 2-25-87; amd. Ord. 212, 12-4-89) 8-4C-4: CONDITIONAL USES: The following uses may be permitted in accordance with the standards and provisions of Chapter 15 of this Title: Aircraft landing fields or Public or private. airports Animal clinics, animal hospitals, veterinary otiices, kennels or training schools Aquaculture farm Cemeteries, mausoleums and crematories Churches and parish halls Clubs, Lodges and social halls 292 /'~ 8-4C-4 8-4C-5 Commercial stables and riding schools Dairy farms Day care centers Garage or storage buildings Go-cars tracks Golf courses and country clubs Gravel pits, rock quarries, sand and clay pits Greenhouses and nurseries Mortuaries Private. Any size larger than nine hundred (900) square feet. Public or private with related facilities. May include accessory rock crushers, cement batch plants and asphalt hot plants. For commercial use. Public and quasi-public uses As provided in Section 8-15-3 of ll~is Title, unless specifically prohibited therein. Public, parochial and private schools Race tracks Animal or vehicle. Radio and television lowers Recreational vehicle parks Residences, additional farm Residential care facilities Sanitary landfills Theater, drive-in (Ord. 33-69-84, 7-11-84; amd. Ord. 165, 2-25-87; amd. Ord. 209, 10-19-89; amd. Ord. 212, 12-4-89; amd. Ord. 240, 7-25-91) 8-4C-5: I'ROIiIBITED USES: Occupancy certificates, zoning permits and building permits shall not be issued authorizing the following: 292 B-QC-S 8-4C-6 A. Any use not permitted or specifically authorized in the Zone; B. Any building, other than an agricultural out-building, structure or use whicf~ tails to comply with the access to public street section of Section 8-13-3 of this Title. 8-4C-6: DESIGN AND DIMENSIONAL S'TANDARllS: Except as otherwise provided, the following shall be the dimensional standards for all uses in the RT Zone: Gravel Pits, Agricultural Agriculture Commercial and Industrial Rock quarries, Structures With ages- Uses, Public C]uasi-Public Sand and Outbuildings idence Uses, Schools and Churches Clay Pits (No residence) Minimum lot size 5 acres 1 acre 20 acres 6 acres' Minimum public street frontage 250 feet 150 feet 150 feet None Minimum setback from public street 30 lest 30 teat 30 teat 30 lest ironlage Minimum setback from any property line other than pub- 25 lest 25 feet 25 feet lic street frontage 50 leet Maximum building 35 feet 35 feet 35 feet None heights Maximum lot 35% 35g~° None coverage 25% Land used solely 1 for agricultural purposes, i.e., without structures or road dedications does not have . dimensional standards. i i (Ord. 33-69-84, 7-11-84; amd. Ord. 212, 12-4-89) mum n any m 292