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Waterbury Park Subdivision
MERIDIAN CITY COUNCIL MEETING: AUGUST 1.1995 APPLICANT RAMON YORGASON ITEM NUMBER; 3 REQUEST; FINAL PLAT FOR WATERBURY PARK SUBDNISION NO 5 -TABLED JULY 181995 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 SEE ATTACHED COMMENTS " REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ~r ~I~s~~ ~ ~~ OTHER: ~ Materials presented at public meetings shall become property of the City of Meridian. WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P & Z Adm. PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" CORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: GRANT P. KINGSFORD Mayor To: Mayor, City Council From: Bruce Freckleton, Assistant to City Engineer Re: WATERBURY PARK SUBDIVISION NO. 5 (Final Plat - By Capital Development, Inc. ) GOUNGIL MEMB R~ RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 8~ Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER July 13, 1995 I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: GENERAL COMMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M" Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions, as prepared by a soil scientist, with street development plans. 4. Submit copy of proposed restrictive covenant's and/or deed restrictions for our review. 5. Provide a statement as to whether the pressurized irrigation system in this development is to be owned and maintained by the Irrigation Dist. or the Homeowners Assoc. 6. Indicate any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. HUB OF TREASURE VgLLEY A Good Place to Live CITY ®F MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 C: \WPWIN60\GENERALIWAI'RBRYS. C-C Mayor and Council July 13, 1995 Page 2 7. Please address in writing, each of the comment, within this memorandum, to the City Engineer's office. SITE SPECIFIC COMMENTS 1. This Plat generally conforms to the previously approved Preliminary Plat map. 2. Please submit a copy of the Ada County Street Name Committee's approval letter for the Subdivision and street names. Make any corrections necessary to conform. 3. Lots 1, 5, 6 and 10, Block 8, Lots 1, 5, 6 and 10, Block 9 don't meet the minimum 80 foot street frontage required in an R-4 Zone along the W. Woodbury Drive, W. Creekside Drive and W. Waterbury Drive frontages. Indicate on the Final Plat map the front on these Lots being either N. Windbury Avenue or N. Skybury Avenue. 4. Please add or revise the following notes: (6) ... drainage easement for the benefit of the Ada County Highway District for maintenance of drainage facilities. (10) All buildable Lots are for single family dwellings only, each dwelling unit shall have a minimum floor area of 1400 square feet, excluding the garage area. 5. Add the word "Corner" to the 1 /4 and 1 /64 notation of the subdivision tie line. 6. Add the Corner Perpetuation and Filing Record Instrument number to the RPOB. 7. Indicate the centerline and southerly side of the "Creason Lateral Operation & Maintenance Easement". Dimension and label appropriately. 8. Indicate both sides of the existing City of Meridian "Sanitary Sewer Easement". Dimension and label appropriately. 9. Provisions should be made in the design of this developments water distribution piping to upsize the lines in W. Woodbury Drive, N. Skybury Avenue and the stub section of W. Waterbury Drive to 10 inch diameter. All other mains shall be 8 inch diameter. C: \WPWIN60\GENERAi.\WATRBRYS. C-C OFFICUILS WILLIAM G. BERG, Jr., Clty Clerk JANICE L GASS, Clty Treasurer GARY D. SMITH, P.E City Enplneer BRUCE D. STUART, Water Worka Supt. JOHN T. SHAWCROFT, Wasts Water Supt. DENNIS J. SUMMERS, Parks Supt. $HARI S. STILES, P 6 Z Adm. KENNETH W. BOWERS, Flre Chief W. L "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 8 Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: ul 11 1995 TRANSMITTAL DATE: 6/23/95 HEARING DATE: 7/18/95 REQUEST: Final Plat for Waterbury Park Subdivision No 5 BY: Ramon Yoroason LOCATION OF PROPERTY OR PROJECT: _ South of Ustick. East of Linder JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C _BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8 FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF REC I (PRELI 8 FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMA KS: C~ ; ~ ~ .~j alvei w`"~Y .-1:y--~:. OFFICIALS HUB OF TREASURE VALLEY COUNCIL MEMBERS WILLIAM G. BERG, Jr., Clty Clerk JANICE L GASS, Clty Treasurer GARY D SMITH, P.E Clty Engineer BP,UCE O. STUART, Watar Worka Supt. JOHN T. SHAWCROFT, Wasts Wate-Supt. DENNIB J. SUMMERS, Parks Supt. SHARI S. STILES, P b Z Adm. KENNETH W. BOWERS, FIro Chief W. L "BILL" GORDON, Po11Ce Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (206) 887.4813 Public Works/Bttiltiing Department (ZOB) 887-2211 GRANT P. KINGSFORD Mayor RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P b Z COMMISSION JIM JOHNSON, Chslrrnan MOE AUDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 11. 1995 TRANSMITTAL DATE:. 6/23/95 HEARING DATE: 7/18/95 REQUEST: Final Plat for Waterbury Park Subdivision No 5 BY: -Ramon Yoraason LOCATION OF PROPERTY OR PROJECT: South of Ustick, East of Linder JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8t FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM S FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8t FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES / ~" OTHER: _ (D ~ ~ ~`" ~J YOUR CONCISE REMARKS: .~ S ]~~,- t.r.~ J U ~ ~ ~ =i~ ~#.,, . .'i/ a ~°a EXCEL! 2 ~Z!'- Q ~~ SUPERINTENDENT OF SCHOOLS Bob L. Haley DEPUTY SUPERINTENDENT Dan Mabe, Finance & Administration ASSISTANT SUPERINTENDENT Christine Donnell, Personnel & Instruction DIRECTORS Sheryl Belknap, Elementary Jim Carberry, Secondary Doug Rutan, Special Services \ JOINT SCHOOL DISTRICT N0.2 911 MERIDIAN STREET MERIDIAN,IOAH083642 PHONE(208)888-6701 Y City of Meridian _ 33 East Idaho ~ ~ `" Meridian, Idaho 83642 ~- Re: Waterbury Park Subdivision No. 5 r:r` Dear Councilmen: I have reviewed the zoning request and final plat for Waterbury Park Subdivision No. 5 and find that it includes approximately 52 homes assuming a median value of $90,000. We also find that this subdivision is located in census tract 103.10 and in the attendance zone for Chief Joseph Elementary, Meridian Middle School and Eagle High School. Using the above information we can predict that these homes, when completed, will house 15 elementary aged children, 12 middle school aged children, and 16 senior high aged students. At the present time Chief Joseph Elementary 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. 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, ~`~~GG~x-r`-' Marian Hylen Budget and Financial Manager MH:gr SUBDIVISION EVALUATION SHEET ~°~°~~ ~r~ Proposed Development Name WATERBURY PARK SUB NO 5 City MERI~~t OF ~Fi'~1~; Date Reviewed 6/07/94 Preliminary Stage XXXXX Final XXXXX Engineer/Developer Johnson Enar. / Ramon Yoraason The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE. WATERBURY PARK SUBDIVISION NO 5 x 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 aaQPar on the olat as• "W. WOODBURY DRIVE" The above street ~o-ne comments have been read and approved t rep£esentar~~es of the ADA COUNTY STREET NAME COMMITTEE. must rye secured by the representative or his designee in or~r, for officially approved. ADA COUNTY STREET NAME CO Ada County Engineer Ada Planning Assoc City of Meridian Meridian Fire District John Priester Terri Raynor Representative Representative y the following agency AlL of the signatures the street names to be A EN Y R P S TATIVES OR DESIGNEES Date '~"'' Date 7 ~ 1 f ate ~ 9 S J '~ ate , 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 "W WATERBURY Df3J~/1=" OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clty Treasuror GARY D. SMITH, P.E. Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste WatsrSupt. OENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P ~ Z Adm. KENNETH W. BOWERS, Flro Chlsf W. L. "SILL" GORDON, Potlee Chief WAYNEG. CROOKSTON, JR., Attomay HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDLAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRAM' P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 6 Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE ~~~p(~O(~ nr~3il~{~PPER ~ ~ JUN 1995 NAMPA b~~NNMEIlR~~ITTbIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PR~JEC;~~ WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City_ Hall, Attn: Will Berg, City Clerk by: Jufy 11. 1995 TRANSMITTAL DATE: 6/23/95 HEARING DATE: 7/18195 REQUEST: Final Plat for Waterbury Park Subdivision No 5 BY: -Ramon Yoraason LOCATION OF PROPERTY OR PROJECT: South of Ustick. East of Linder JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM ~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PREUM 8~ FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PREUM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: .fry r1 d11 ry .. ~~~~~~~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 Eugene P. Smith Hubble Engineering, Inc. 9550 West Bethel Court Boise, ID 83709 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 RE: Land Use Change Application for Aaterburv Park Sub No 5 Dear Mr. Smith: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above- referenced development. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Superintendent Ramon Yorgason /City of Meridian enc. ~ ~ ~~~ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS • 23,000 BOISE PROJECT RIGHTS - 40,000 11 July 1995 CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT •• DISTRICT Environmental Health Division ~11"HEALTH :~:.. _: __a DEPARTMENT Rezone # ~~ ~~ _ Conditional Use # Preliminary /Final /Short Plat Return to: ^ Boise ^ Eagle ^ Garden city '~1"leridian ^ Kuna ^ Acz ^ I. We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava la ers: y ^ 2 feet ^ 4 feet ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. .~ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ,~-central sewage ^ community sewage system ^ community water well ^ interim sewage ,Q central water ^ individual sewage ^ individual water .~ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ..-central sewage ^ community sewage system ^ community water ^ sewage dry lines ~~entral water ~- 10. Street Runoff is not to create a mosquito breeding problem. ^ I I . Stormwater disposal systems shall be reviewed by • relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection ^ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 14. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ~ grocery store ,®- 15. ~ i _ ?92L1 r~~=n- G /~; ~~`~c i /.3- / S~ ~~/'S= ~~ , Date: ~ / ~ / ~~ Reviewed By: % -/-L',~im.~- `i i CDND ID/91 rcb, rev. I/9S Review Sheet CENTRAL ~+1~ DISTRICT ii~'HEALTH DEPARTMENT MAIN OFFICE • 701 N. ARMSTRONG PL • BOISE, ID. 83104.0925 • (208) 375.5211 • FAX; 327-85 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environmen STORMWATER I1~IANAGEMENT RECOMMENDATIONS We recommend that the first one half inch of stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 19892 2) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT 3) CALIFORNIA BEST MANAGEMENT PRACTICE HANDBOOK Prepared by Camp Dresser and McKee, Larry Walker Assoc. , Uribe and Assoc. , Resources Planning Assoc. , for the Stormwater Quality Task Force 4) URBAN STORM DRAINAGE CRITERIA MANUAL Volume 3, Best Management Practices Stormwater Quality Urban Drainage and Flood Control District, Denver, Colorado Serving Valley, Elnwre, Boise, and Ada Counties Aaa i eoe. county onke 707 K 9 ~ wiC ease • , 1 R iBmon CaNq aeee Eynon cau~r 08fe• votlw Canyr o8fee • Bose. l0. 83704-0825 606 obert S<. Bose. b. 83705 520 E em Sweet N. Manton -brtie i0 d EmnaniNrd tlwun P.o. 8ox 1448 Envro. hbotlh: J27.7499 PA. 33d-SJ55 . . 83647 Ph 587dd07 iS0 5.4th Sbe~t E Mantar-Fbrrie f0 McCd ~. 83638 634.7194 PA Fa~V gorr+r+¢ 327.1e00 324 Meridian Rd . . 83047 Ph 587.9225 . mrxr+aotbrm 327.7450 Meiidia~. ~. 83042 Nuhltbn~ 327.1460 PR 888-0625 'N~C::27•I488 u~ ~'~. BEFORE THE MERIDIAN CITY COUNCIL APPLICATION OF RAMON YORGASON FOR A VARIANCE FROM 11-9-605 M TILING OF DITCHES FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for consideration on August 15, 1995, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, the Applicant's representative, Gene Smith, appearing, the matter having been tabled to gain more information on the matter and tabled at the request of the Applicant, and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the variance was published for two consecutive weeks prior to the scheduled hearing for August 15, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the August 15, 1995, hearing and at subsequent meetings; that copies of all notices were available to newspaper, radio and television stations. 2. That notice of public hearing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-2-416 E., 11-2-419 D., and 11- 9-612 B. 1.b of the Revised and Compiled Ordinances of the City of Meridian; that his requirement has been met. 3. That Ordinance 11-9-605 M., PIPING OF DITCHES, requires all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to restrain access to said ditch, lateral or canal. 4. That the Applicant has requested that he be granted a variance from the above ditch piping requirements and be allowed not to pipe the Creason Lateral; the Applicant states in his Application as follows: "This lateral is only partially located on the applicants property and would require a pipe larger than a 48" CMP which would cause financial hardship for the applicant". 5. That present land use is agricultural; that the property is intended to be developed with 47 single family residential lots and 5 common area lots. 6. That the Creason Lateral runs along the northern boundary of the Waterbury #5 Subdivision project; that in the Application it was stated that the dimensions of the water flow in the lateral area were approximately 9 feet wide at the surface, 2-3 feet deep as an average, and traverses approximately 730 feet across the property. 7. The Applicant stated in his application that the Creason Lateral is an extension of the Finch Lateral which runs along the northern boundary of the previously platted Waterbury Subdivision phases; that during non-irrigation months, the lateral continues to flow due to groundwater in the area; that the Creason Lateral has FINDINGS OF FACT AND CONCLUSIONS OF LAW - WATERBURY #5 Page 2 also been designated as a potential future greenbelt area by the City Planner. 8. The Applicant further stated that he is proposing to leave a corridor open along the Creason Lateral to allow for future use as a greenbelt; that in previous phases of Waterbury Park Subdivision, Applicant has provided a fenced future corridor for pedestrian use; that the circumstances involving Waterbury Park Subdivision No. 5, are that the Lateral is isolated to the northern boundary, that fencing would be good for the purpose of limited subdivision access and such is a more viable solution; that the granting of this variance will not detract in any way from the purpose or meaning of the Comprehensive Plan; that this would allow the Applicant to develop the property in a similar manner to surrounding properties without creating excessive economic costs which would inhibit development; that the applicant will not create excess profit by this variance but will make the development more economically feasible; that the Applicant is providing over 2 acres of open space to enhance the quality of the subdivision, including an area designated by the City for a bikepath along the Five Mile Drain. 9. That the property in the area where the variance is requested is zoned R-4 Low Density Residential District. 10.' That the Application states that Ramon Yorgason is the owner of the property. 11. That Meridian City Assistant Engineer, Bruce Freckleton, submitted his initial comments; that hydraulic calculations for the FINDINGS OF FACT AND CONCLUSIONS OF LAW - WATERBURY #5 Page 3 Creason Lateral, received by his office on July 25, 1995, from Gene Smith, engineer for Applicant, indicate that a pipe greater than 48" diameter would be required to transport the anticipated flows generated from three contributing sources during a 10 year flood event; that the information compiled in the report was from field surveying, Nampa & Meridian Irrigation District, and from a FEMA Flood Study performed by Runz Engineering; that the calculations exhibit a necessity for a pipe of 72" in diameter to adequately carry the anticipated flows; that at the hearing, in response to a question, Gary Smith, City Engineer, stated that the Engineering Office's comments were based on the information that had been presented to them and that they agreed with the information that had been presented. 12. Gene Smith, the Applicant's representative, testified before the Council that the Creason Lateral runs across the north end of the project; that there are three sources of water for the Creason Lateral where it crosses Applicant's land, the Creason Feeder for 40 CFS, the Finch Lateral for 40 CFS, and a small drain for 4 CFS; that there is potential from these three sources of receiving 84 CFS and calculating a 10 year storm, which has a 10$ chance of happening in any one year, adding an additional 20 CFS to that, we have 104 CFS that the ditch could possibly see; that based on 104 CFS, the pipe that would be required would be 72 inches in diameter; that the Applicant has piped the Creason Feeder with 48 inch pipe; that to the the Creason Lateral would require at least 66 inch cmp pipe or maybe 70 inch pipe; that this lateral is only FINDINGS OF FACT AND CONCLUSIONS OF LAW - WATERBURY #5 Page 4 partially located on the Applicants property and would require a pipe larger than a 48" cmp pipe which would cause financial hardship for the Applicant. In response to a question from Councilman Morrow, who had stated that the Nampa & Meridian Irrigation District had stated it need to review the calculations to determine whether a 48 inch pipe will be adequate, Gene Smith stated that the Applicant had not requested Nampa & Meridian to review there calculations. 13. That Nampa Meridian Irrigation District submitted comments and stated that the Creason Lateral flows at the maximum of 2,000 miners inches or 40 CFS; that they have not seen or reviewed the flow calculations that were used to determine that 48" pipe (which the City of Meridian requests) will not work; that they need to review the calculations to determine whether 48" pipe will be adequate; that the request for variance of the lateral may be premature. The engineering information submitted by Gene Smith was forwarded to the District and Nampa & Meridian submitted additional comment dated September 19, 1995, which is incorporated herein as if set forth in full; that John P. Anderson, Water Superintendent for the District ended the comment by stating that he believed that a 48 inch pipe would be more than adequate and that it should work quite well and that if the pipeline is installed according to approved plans, Nampa & Meridian Irrigation District will assume all responsibility for the operation and maintenance. That in response to Nampa & Meridian's comment Gene Smith FINDINGS OF FACT AND CONCLUSIONS OF LAW - WATERBURY #5 Page 5 submitted additional comment, which is incorporated herein as if set forth in full; he stated again that a 48 inch pipe was inadequate to handle the flows that could possibly generated in the Creason Lateral. Nampa & Meridian submitted an additional letter, dated October 13, 1995, which indicated that there is a 48 inch pipe under Linder Road which to his recollection has never been under water from the Creason Lateral, that the District is not regulated by FEMA but if it is determined that the District is under FEMa the district would have to reassess their policy, and that manipulation is the only way the District can accept storm run off. 14. That the Meridian Fire Department submitted comments and they are incorporated herein as if set forth in full; that the Meridian City Police Department and Central District Health Department reviewed the application for variance and made no comment. 15. That at the public hearing question by Mayor Grant Kingsford was asked of Gene Smith as to how many CFS would the ditch handle before it flooded, could not be answered by Mr. Smith; that the photos presented to the Council by Mr. Smith showed that on August 12, 1995, the day the photos were taken, shows the water within approximately 6 inches of the top of the 48 inch diameter pipe at the Creason feeder; that Nampa Meridian Irrigation provided the Applicant with the flow quantities and since the decision to pipe the lateral is a requirement of the City of Meridian and not the. irrigation district, no request was made of the Nampa Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW - WATERBURY #5 Page 6 Irrigation District to review any calculations; however, as stated above the information was provided to Nampa & Meridian Irrigation District. 16. That Joe Simunich testified stating that the Creason Lateral goes through his property for about 700 feet; that between Meridian Road to Linder -Road it is more like a creek than an irrigation ditch; that some engineering needs to be done as to whether this should be a perforated pipe so it can drain these lands as we have a high water table here in Meridian; that installing pipe could be stopping the natural flow and eventually elevating the water table on the north side of Meridian. 17. There was no other public testimony given. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City has authority to grant variances pursuant to Section 11-2-419 of the Zoning Ordinance and pursuant to Section 11-9-612 of the Development Ordinances. 3. That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Subdivision and Development Ordinance upon which it may take judicial notice. 4. That the Council may take judicial notice of its own FINDINGS OF FACT AND CONCLUSIONS OF LAW - WATERBURY #5 Page 7 proceedings, those of the Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That since Nampa & Meridian stated in its initial response that it had not seen or reviewed the flow calculations that were used to determine that 48" pipe will not work and that the District needs to review the calculations to determine whether 48" pipe will be adequate, it was permissible and lawful for the City to allow Nampa & Meridian Irrigation District the ability to review the engineer data and to submit comments after the public hearing; also it was similarly permissible to allow response to Nampa & Meridian comments by the Applicant. 6. That the following provisions of Section, 11-9-605 M, PIPING OF DITCHES, of the Subdivision and Development Ordinance are noted which are pertinent to the Application: "All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous, on both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. The City may waive this requirement for covering such ditch, lateral or canal, if it finds that the public purpose requiring such will not be served in the individual case. Any covering program involving the distribution system of any irrigation district shall have the prior approval of that affected district. ." 7. That the City Council is considering changing the Ordinance regarding the piping of large ditches; that the Ordinance may be changed; that the City has allowed variances from the piping requirement where it has been shown that the pipe required would be larger than 48 inches. FINDINGS OF FACT AND CONCLUSIONS OF LAW - WATERBURY #5 Page 8 8. That the specific requirements regarding a variance that must be evidenced and found by the City Council are as follows: No variance shall be favorably acted upon by the Council unless there is a finding, as a result of a public hearing, that all of the following exist: a. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would be clearly impracticable or unreasonable; in such cases, the subdivider shall first state his reasons in writing as to the specific provision or requirement involved; b. That strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the subdivider because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Ordinance unreasonable under the circumstances, or that the conditions and requirements of this Ordinance will result in inhibiting the achievement or objectives of this Ordinance. c. That the granting of the specified variance will be detrimental to the public welfare or injurious to other property in the area in which the property is situated; d. That such variance will not violate the provisions of the Idaho code; and e. That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Development Plan. 9. That there does appear to be a specific benefit or profit, economic gain or convenience to the Applicant if this variance is granted; however, the fact that there are three sources of water that do flow, or could flow, into the Cresson Lateral prior to the locations where the Cresson Lateral would have to be piped in Waterbury #5 Subdivision, they include drainage ditches in addition to ditches that are used to transport irrigation water, and it is unknown, very difficult, or impossible, to determine the exact FINDINGS OF FACT AND CONCLUSIONS OF LAW - WATERBURY #5 Page 9 amount of water drainage that there could be, make it reasonable to not require tiling of the Creason Lateral. 10. The testimony of Joe Simunich that between Meridian Road to Linder Road the Creason Lateral is more like a creek than an irrigation ditch; that some engineering needs to be done as to whether this should be a perforated pipe so it can drain these lands as we have a high water table here in Meridian; that installing pipe could be stopping the natural flow and eventually elevating the water table on the north side of Meridian is significant and supports the granting of the variance. 11. That sufficient information and data has been provided by both the Applicant and the Nampa & Meridian Irrigation District to reflect that the total possible amount of water that the Creason may have to carry is unknown and may be incapable of being determined; that the Nampa & Meridian Irrigation District has indicated that it desires that the ditch be tiled since it believes it could be accomplished with a 48 inch pipe; but it has only stated that it would assume responsibility for the operation and maintenance, and did .not state that it would accept total liability. 12. That the above conclusions support the granting of the variance as does that fact that the City has previously granted variances where the size of the the would be greater than 48 inches. 13. That the requirement of tiling ditches is a health and safety requirement; that by reason of the size of this ditch, it FINDINGS OF FACT AND CONCLUSIONS OF LAW - WATERBURY #5 Page 10 r appears that to require tiling of this ditch would not achieve the safety purpose for which tiling is required in the Ordinance. 14. That regarding Section 11-9-612 A. 2., regarding the tiling of ditches, it is specifically concluded as follows: a. That there are special circumstances or conditions affecting the property that the strict application of the provisions of the ditch tiling Ordinance would be unreasonable. b. That strict compliance with the .requirements of this ditch tiling Ordinance would result in extraordinary hardship to the Applicant. c. That the granting of a variance would not be detrimental to the public's welfare or possibly injurious to the public. d. That the granting of this variance would not violate the Idaho Code. e. That the variance would not have the effect of altering the interests and purposes of the ditch tiling Ordinance which is included in the Subdivision and Development Ordinance for safety purposes. 15. That it is concluded that the Application for a variance from 11-9-605 M, PIPING OF DITCHES, should be granted. 16. That since the piping of the ditch is not going to be required, other safety measures must be undertaken to assist the health, safety, and welfare of the people of this City; that it is concluded that the Applicant must fence the ditch with either chain link or rod iron and provide gates which will be locked according to the standards of the Nampa Meridian Irrigation District. FINDINGS OF FACT AND CONCLUSIONS OF LAW - WATERBURY #5 Page 11 ~ r APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) VOTED VOTED VOTED VOTED VOTED DECISION That it is decided the Application for a variance from 11-9-605 M is granted under the conditions stated herein; that the ditch shall be fenced with either chain link or rod iron on both sides on the right-of-way. APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - WATERBURY #5 Page 12 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 1 September 1995 Gary Smith, City Engineer City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 Re: Variance request for Waterbury No. 5 Subdivision Dear Gary: Bruce (from your office) sent me a report generated by Brian Smith of Hubble Engineering titled "Calculations for Piping Creason Lateral for Waterbury No. 5 Subdivision" Project #94-034-00. I reviewed the report this morning. The information that I reviewed included storm water calculations and what I believe to be a demonstration on how the engineers for this project perceive Nampa & Meridian Irrigation District's system is operated. I would like to outline for you Nampa & Meridian Irrigation District's operation of the Creason Lateral. The Creason Lateral is measured downstream from the head works structure which is located at the confluence of the Finch Lateral and the Creason Feeder. The Creason Feeder carries water from the Fivemile Drain. When the Nampa & Meridian Irrigation District wants to divert water into the Creason Lateral from the Fivemile Drain, we have a check structure located downstream and to the west of the Creason Feeder. This check structure must have boards placed in it to divert the water as the water is forced into the Creason Feeder. In a storm of the magnitude of the one that is being used in the demonstration by Brian Smith, I can assure you that these boards would be removed and, therefore, no water would be forced into the feeder. One of the potential water sources that was mentioned by Brian Smith was the Flack Drain. I do not believe that I even want to address the Flack Drain as the amount of water that comes into the Creason Lateral from the Flack Drain is insignificant. This is based on several years of operational experience. A'ECEI ~ ~~P 0 5 1s~5 MB~OIAN GyTI" 9d(s APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 DEC 20 ' 94 16 34 PAGE.001 7`" H~J-~~L~ ~N~iNE~R1NG, INC~ _.. L _.o4y 9850 B~thd Court ^ BQise, Idaho 83709 208/322-8992 ^ Fax 208,1378-0329 Dec~uber ?~; 394 Mr. W~Iiam Berg CStq Cleriz, City of Meridian 33 B. Idaho St Meridian, Idaho 83642 . RE: Development Agreensent 'IbtnaTi Estates Na 2 ~Taterbu~y Pstk No. S near w~l, As we have not yet received sgned ckvelopmeat agreements from the clients of either of - . tlae above •mcntioned projects, I would request that these agreements again be tabled for an additional twa week period. Please let me kno~- if you have any Questions or if there is a problem with this request 5inccrcly, w I ~~1. r -`. " ~ .. ~ .. .. . Brla~~ D. Smith . Staff Engineer _ "~ a ^~ - s 7~{` ~ j E ~~ n ~`ar s wy ba~.. ~~ TOTflL PRGE.a01 ** MERIDIAN CITY COUNCIL MEETING: DECEMBER 20.1994 APPLICANT: WATERBURY PARK NO. 5 ITEM NUMBER; 2 REQUEST;__DEVELOPMENT AGREEMENT AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS OTHER: MERIDIAN CITY COUNCIL MEETING: DECEMBER 6.1994 APPLICANT; WATERBURY PARK SUBDIVISION N0.5 ADGENDA NUMBER; 2 REQUEST; DEVELOPMENT AGREEMENT TABLED AT NOVEMBER 15 1994 MEETING AGENCY CITY CLERK: CITY ENGINEER CITY PLANNING DIRECTOR CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS ~~ ~~~ OTHER: Ltl. b b4 1J•Jr ~,, .may/ RUBBLE ENGINEERING, ANC. 9660 t3ethel CO~Irt • Boise, Idaho 83709 208/322.8992 • Fax 21378-0329 December 6, 1994 1Vir. W~liatn Berg Meridian City Qerk 33 E. Idaho Stroet Meridian, Idaho 83642 RE: Meridian City Counc17 Agenda Items No. 1 & No. 2 'i~tlull.Estates No. 2 Subdivision wareFb}uy k No. 5 Subdivisyon Dear w~: DEC - 6 194 c~F ~~F~It~~~q Please table ffie above mentioned Cary Count agenda ~~ concerain8 'lhthill Estates No. 2 and Waterbury Park No. 5 Subdivisions dev4elopment agreements for an additional two week period. Feel free to call me if there is a problem with this request or if you have auy questions. Sincerely, riaa D. Smith Staff Eng~itieer ** TOTAL PAGE.001 ** JHN :j '~' 1~:~J 9~ HUB~BLE ENGrNEERiNG, INC. 9550 Bethel Court • Boise, Idaho 83709 208/322-8992 ^ Fax 208!378-0329 A~ ~~~~~~~~ January 3, 1995 Nir. William Berg Meridian City Clerk 33 E. Idaho Street Meridian, ID 83642 RE: Meridian City Council Agenda Items No. 2 and No. 3 Tuthill Estates No. Z Subdivision Waterbury Park No.. 5 Subdivision Dear Will: CITY OF MERIDIAN Please table the above mentioned City Council agenda items concerning Tuthill Estates No. 2 and Waterbury Park No. 5 Subdivisions development agreements for an additionai two week period. Please call me if there is a problem with this request or i£ you have any questions. Sincerely, ~~~ $rian D. Smith Staff Engineer BDS/bh/88'l:ltr ** TOTAL PAGE.001 ** /~j (~' / //" ~ +~ r +.~ / T .~ ,~. ~ -~ / Q ~ /frt k/o..~.d, a. ass./.~re,• +-T'-~ 7'~c~ ~~c G Gr+ ~ v+t c 7Cv.. t o .. ///A s ~••~~/`'~d• ~, G.,.`t' .~ rr ~ O c ~ ~V ~3 ,~. ~ ~ a~ w~ / 6i i r.+ o a. T 4 t.. 5..7""-t `1 / ~ .r 70/ 4 t ~ ~~t~. G ~ /d CJ ~. 7'" cs ,fir ~+ D `il/~ r~ ~. c. ~ ~,t p~ f^^ ~. ~~.rc ~7 T ~ !~ ~[ l4 O G G.7` /d ~-- S' '~'O ~l.<,, p" • rJ s. ! vt,. ~t ~+f ~n ~` l- G-s.. 7` c9 v ;~rj •~c.. S7`i t ~,~,c. 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S ,O ~ X S. / ~ ~ ._.. ~....P._v.~~.. ~` ~ r .~ ~ ~9 ~s- ~4 M MERIDIAN CITY COUNCIL MEETING: MARCH 21 1995 APPLICANT ITEM NUMBER; 17 REQUEST; DEVELOPMENT AGREEMENT FOR WATERBURY PARK SUBDMSION N0.5 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS "REVIEWED" "REVIEWED" All Materials presented at public meetings shall become property of the City of Meridian. ~~te~6u~y ~~-~ ~u.~ ~5 DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 1995, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party of the first part, hereinafter called the "CITY", and CAPITAL DEVELOPMENT INC ,party of the second part, hereinafter called the "DEVELOPER", whose address is 2304 N Cole Rd Suite "A" Boise ID 83704 WITNESSETH: WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning of land; and WHEREAS, the CITY has passed two development agreement ordinances, one when land is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned, 11-2-417 D; and WHEREAS, the DEVELOPER has submitted an application for annexation and zoning, or an application for rezone, of that certain property described in Exhibit "A" , and requested zoning of R-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, WATERBL'RY PARK SUBDIVISION NO. 5 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 4 0 square feet of floor space, exclusive of garages. 3. That the property zoned R-4 ,described in "Exhibit A", shall have lot sizes of at least Wight Thousand (8.000) square feet, which is the size represented at the City hearings, and shall meet all of the requirements of the ~ zone and have no duplex units, townhouses, or patio homes constructed on ~s/aid property. ~a",~z" 4. That there shall be no change to increase the number of lots ore size of lots as shown in the preliminary plat submitted with the request fora exation, zoning and preliminary plat approval, which is incorporated herein as if set forth in full herein. 5. That DEVELOPER will, before annexation, or de-annexation, file or cause to be filed with the City Engineer, a complete set of "Subdivision Improvement Plans" showing all streets, utilities, pressurized irrigation facilities, sewer, water, drainage, street and other similar signing and barricades, and other such improvements contemplated within the subdivision, which Plans and all improvements shown thereon shall meet the approval of the City Engineer. The Subdivision Improvement Plan, or Plans supplemental thereto, shall also show the proposed location of pressurized irrigation facilities within or that may affect or be affected by the development. Said Subdivision Improvement Plans are incorporated herein and made a part hereof by reference. 6. That DEVELOPER will, at his or their own expense, construct and install all sanitary sewers, storm drains, pumpm scat ons ater mains and appurtenances, fire hydrants, curbs gutters~"`~ preur`~i~ irrigation system, electrical 1 ~ WATERBURY PARK SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 2 transmission lines, natural gas lines, telepho cades as well as any card a 1 other street, street surfacing, street signs, and bam 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. 8. That DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of when and of what portion, or portions, of said improvements he intends to complete and the time schedule therefore; 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 irrigation lines, gas lines, electricity lines, storm drain lines, curb and gutter, street paving, etc.) and that the materials for and the installation of the same were all done in conformance with the applicable City Standard Engineering Drawings and Standard Engineering Specifications governing the construction of these facilities. 10. That DEVELOPER will, immediately upon the completion of any such constructed portion, portions, or the entirety of said development, notify the City Engineer and request his inspection and written acceptance of such completed improvements. 11. That DEVELOPER agrees, that upon a fording by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion, or VVATERBURY PARK SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 3 portions, or the entirety of said improve of the inhab tantslpof ethe CITYter~e of the health, welfare and/or safety 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 with the DEVELOPER. Provided, however, the City Council shall not make the finding set forth in this paragraph except at a regular or special meeting of the City Council and unless the DEVELOPER has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be present in person or by counsel, and to be heard on the merits of the proposed finding. 12. That DEVELOPER agrees that upon his, its, or their having received written notification from the City Engineer, that any of the requirements herein specified have not been complied with, that the CITY shall have the right to withhold the issuance of any Certificates of Occupanc within such annexed area and/or shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed area until such time as all requirements specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its decision shall be final, except that the rights of the parties are preserved at law and equity. 13. DEVELOPER agrees that, in the event any of the improvements required herein are not timely installed, the CITY may, at its sole option, install the improvements and declare the entire cost of said improvements to be immediately due and payable and may seek to collect such sums in the manner provided by law, or may pursue any other remedy set forth herein or as may be available in law or equity. In the event of such declaration, all sums due shall bear interest at the prime interest rate of First Security Bank of Idaho, plus five percent (5 %) per annum, until paid. 14. That DEVELOPER agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement, to secure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, pressurized irrigation system, landscaping and berming, and fencing. In the event of DEVELOPER's failure to complete such installation, the CITY may install such improvements and, without notice, foreclose this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of Idaho: WATERBURY PARK SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 4 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 expressl eed to enter into a late comers agreement, if any, for including any water o sewer line extensions, increased line size or capacity are required because "`futdre service needs originating from properties riot,,o ed by DEVELOP and located within the vicinity of the subject developii~n • that sound g~'requires construction thereof at the present time in orc~ acco ate future expansion and development. In recognition of the cost Via,. ~ gs ch cat}!be accomplished by construction of such excess capacity and/or '' emen `~ concurrently with the facilities to be constructed for DEVELOP ~~. pu ses, and the impracticality or impossibility of constructing such excel cap `i and/or improvements separately or at a later time, DEVELOPER agr es to de *' ~ and construct such facilities subject to the CITY' s agreement. ` t enter ' to ax - .late comers agreement to reimburse DEVELOPER fora onion o e cos of such excess capacity. DEVELOPER agrees to obtain t3ir indepen ent bona fi bids..., for the performance of such work from qualified ~n responsib contractors shall deliver copies of such bids to the CITY pri r o the co encement of such ork. Such bids shall be solicited and itemize a manner which allows clear an ~-specific identification of that portion of a constructio~'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 WATERBURY PARK SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 5 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 ('ertificates 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 rPrr;f;rarPs of Occupancy shall be issued in any phase in which the improvements have not been installed. completed, and accepted by the CITY. 17. That DEVELOPER agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in Exhibit "B" attached hereto and by this reference made a part hereof; and agrees to construct a perimeter fence around the entire parcel prior to any construction, except where roadways and streets for access are located and except where the CITY has agreed that such fencing is not necessary. 18. That DEVELOPER agrees that any notice required by this Agreement shall be given at the following address: CITY of Meridian: DEVELOPER: City Engineer Capital Development- Inc City of Meridian P.amon Yor~ason 33 East Idaho 2304 N Cole Rd Suite "A" Meridian, ID 83642 Boise Idaho 83704 19. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 20. All covenants and conditions set forth herein shall be appurtenant to and run with the land and shall be binding upon DEVELOPER'S heirs, successors or assigns. 21. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 22. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the CITY of Meridian. WATERBURY PARK SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 6 DATED the date, month and year first appearing. DEVE PER: 'fa vel I ~;~ J. Ramon~'Yorp~ason, President By ~~~c ~ ~, ~ c-, ~... . Marilyn' oi;gason, Secretary CITY OF MERIDIAN By Grant P. Kingsford, Mayor Rv -~ William G. Berg, Jr., Ciry Clerk WATERBURY PARK SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 7 STATE OF IDAHO ) ss. County of Ada ) On this a86 day of ~~-~-~~~ti ~ , 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared Ramon Yo~~ason and Marilyn Yor_gason known, or proved to me, to be the President and Secretary 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. (SEAL) STATE OF IDAHO ) ss. County of Ada ) .~~ ~~ Notary Public for Idaho Residing at: ~ 3~~-:- ~-~ ~~-~-~- My Commission Expires: a ~ -- ~ 7 - `~ 9 On this day of , 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared GRANT P. KINGSFORD and WILLIAM G. BERG, 7R., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: WATERBURY PARK SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 8 ~~~~~ ~. k ~J i~ `'~ ~ ~~~~ EXHIBIT "B" ~.~ TO THE DEVELOPMENT AGREEMENT ~~ BY AND BETWEEN THE ~`~ CITY OF MERIDIAN, IDAHO AND CAPITAL DEVELOPMENT, INC. ~ ~~~ ~ ~ ~~ This subdivision is for 46 single-family dwelling units with an overall density of ~ dwelling units per acre. e DEVELOPER shall: ~ L ~~ ~~ 1. Tile all ditches, canals and waterways, including those tat are property boundaries or e~}- partially located on the property, with approval of /appropriate irrigation district and coordination with downstream water users to ensure irrigation systems are no rfered at all ad'oinin ro erties receive the water that they recei ed or to with and th ~ g P P development. 2. Extend and construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines. 3. Construct curbs, gutters, sidewalks and streets to and within the property. 4. Dedicate the necessary land for public right-of--way. -I~~`*~~ 5. Pay any development-~~ee or transfer fee adopted by the CITY. 6. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the CITY. rte. 7. ~ All common areas within the subdivision shall be maintained by the Waterbury Park Subdivision Homeowners Association. 8. Construct and install pressurized irrigation to all lots within this subdivision, with evidence of approvals from appropriate irrigation district/canal company and downstream water users submitted to the City. ;~~ ~!9. ~ Provide temporary construction perimeter fencing prior to obtaining building permits ~-. unless this requirement has been specifically waived in writing by the City; Five Mile Creek shall be fenced with non-combustible fencing outside of existing easements and/or rights-of-way . 10. Provide pedestrian walkways in accordance with Meridian City Ordinance 11-9-605 C. ~. ,',11 {, Provide an area for a bike path along Five Mile Creek in accordance with Meridian City Ordinance 11-9-605 L and the Meridian Comprehensive Plan. MERIDIAN CITY COUNCIL MEETING: MARCH 21 1995 APPLICANT, ITEM NUMBER; 16 REQUEST; REVISED PRELIMINARY PLAT FOR WATERBURY PARK SUBDIVISION N0.5 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. r ORDINANCE NO. ~q9 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS PORTIONS OF THE E 1/2 OF THE SE 1/4 OF THE NW 1/4 AND W 1/2 OF THE SW 1/4 OF THE NE 1/4 OF SECTION 1, T.3N., R.1W., B.M., ADA COUNTY, STATE OF IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: A parcel of land lying in a portions of the E 1/2 of the SE 1/4 of the NW 1/4 and W 1/2 of the SW 1/4 of the NE 1/4 of Section 1, T.3N., R.1W., B.M., Ada County, Idaho more particularly described as follows: Commencing at the one-quarter corner common to Section 2 and the said Section 1; thence South 89°27'28" East 2655.29 feet along the Southerly boundary of the said NW 1/4 of Section 1 to a point marking the Southeast corner of the said NW 1/4 of Section 1, also said point being the REAL POINT OF BEGINNING; thence North 89°27'28" West 663.82 feet along the said Southerly boundary of the NW 1/4 of Section 1 to a point marking the Southwest corner of the said E 1/2 of the SE 1/4 of the NW 1/4 of Section 1; thence North 0°05'40" East 862.19 feet along the Westerly boundary of the said E 1/2 of the SE 1/4 of the NW 1/4 of Section 1 to a point; thence South 89°20' 11" East 664.27 feet to a point on the Easterly boundary of the said NW 1/4 of Section 1; thence South 76°17'41" East 70.93 feet to a point; thence South 0°24'09" West 844.72 feet to a point on the Southerly boundary. of the said NE 1/4 of Section 1; ANNEXATION ORDINANCE - WATERBURY SUBDIVISION #5 page 1 thence North 89°27'21" West 76.71 feet along the said Southerly boundary of the NE 1/4 of Section 1 to the Point of Beginning. is hereby annexed to the City of Meridian, and shall be zoned R-4 Residential; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning. Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. c. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the subdivision of the requirements of 11-9-605 C, G., A 2, R, L of the Revised and Compiled Ordinances of the City of Meridian and other matters. d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and 11-9-605 M. which pertains to the tiling of ditches and waterways. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. Section 3 . That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission ANNEXATION ORDINANCE - WATERBURY SUBDIVISION #5 Page 2 within ten (lOj days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this day of April, 1995. APPROVED: MAYOR -- GRANT P. KINGSFORD ATTEST: WILLIAM G. BERG, JR. -- CITY CLERK ANNESATION ORDINANCE - WATERBURY SUBDIVISION #5 page 3 STATE OF IDAHO,) ss. County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS PORTIONS OF THE E 1/2 OF THE SE 1/4 OF THE NW 1/4 AND W 1/2 OF TAE SW 1/4 OF THE NE 1/4 OF SECTION 1, T.3N., R.1W., B.M., ADA COUNTY, STATE OF IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No. , by the City Council and Mayor of the City of Meridian, on the day of April, 1995, as the same appears in my office. DATED this day of April, 1995. City Clerk, City of Meridian Ada County, Idaho STATE OF IDAHO,) ss. County of Ada, ) On this day of April, 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SEAL Notary Public for Idaho Residing at Meridian, Idaho My Commission Expires ANNEXATION ORDINANCE - WATERBURY 3USDIVISION ~5 Page 4 MAR 21 '95 15:04 PAGE.001 4 `~ ~NGlp~f9~ NUBBLE ENGINEERING, tNC. ` s~o i court .easy +d~ t~ ~ wer.~22~s2 • Fax a~oer~~e~s q o~' ~~ SURGE{ March zl, l99s Mr. Bruce Freckleton Assistant City Engitteet City of Meridian 33 E. Idaho Street Meridian, ID 83642 RE: Floadplaia and Floodwmy Issucs watcrbt>ry Park Na. 5 Subdivision Preliminary Plat Dear Bnx;e: RECEIVED f~ADIAN CITY ENGI~l~ER ~ ~~ to yom original review of the above rnetttianed plat, Paul Kunz was hired to investigate existing floodplaia and floadway delineations within the site and t4 determine possible ways to modify the existing boundaries. Based on Mx- Kin's review end analysts, it was determil~ed that the site would be raised with compacted, structural fill tin an elevation above the 100-year elevation. This modification would effectively remove the proposed residential lots from the Qoodplain. Pursuant to the floodway issue, Mr. Kunz Proposed modifying the Five Mile Drain chance! to increase its hydraulic characteristics, which would reduce the width of the floodway to a brntndary just south of the ~uthean-most lot lines oa tha tavisod preliminary Flat. I have attached a grading plan to this letter showing the proposed tttodificatioa to the site. The channel improverments will eliminate the large spoil pile along the southern boundary of the project and provide adequate area for the City's proposed biive Rath ai°aS the l"ivo Mile Dtaia. If you have any questions or wish to discuss these issues further, Flew call. S/in~cefrely~, ,~c Brian D. Smith StafF Engiaecr BDS/blt/94s.ltr a~ reTa~ pPC~.~ol ~* MERIDIAN CITY COUNCIL MEETING: JUNE 6 1995 APPLICANT ITEM NUMBER; 4 REQUEST; AMENDED ORDINANCE #699 WATERBURY PARK NO 5 __ AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. AMENDED ORDINANCE NO. 699 AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LYING IN A PORTIONS OF THE E 1/2 OF THE SE 1/4 OF THE NW 1/4 AND W 1/2 OF THE SW 1/4 OF THE NE 1/4 OF SECTION 1, T.3N., R.1W., B.M., ADA COUNTY, STATE OF IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: A parcel of land lying in a portions of the E 1/2 of the SE 1/4 of the NW 1/4 and W 1/2 of the SW 1/4 of the NE 1/4 of Section 1, T.3N., R.1W., B.M., Ada County, Idaho more particularly described as follows: Commencing at the one-quarter corner common to Section 2 and the said Section 1; thence South 89°27'28" East 2655.29 feet along the Southerly boundary of the said NW 1/4 of Section 1 to a point marking the Southeast corner of the said NW 1/4 of Section 1, also said point being the REAL POINT OF BEGINNING; thence North 89°27'28" West 663.82 feet along the said Southerly boundary of the NW 1/4 of Section 1 to a point marking the Southwest corner of the said E 1/2 of the SE 1/4 of the NW 1/4 of Section 1; thence North 0°05'40" East 862.19 feet along the Westerly boundary of the said E 1/2 of the SE 1/4 of the NW 1/4 of Section 1 to a point; thence South 89°20' 11" East 664.35 feet to a point on the Easterly boundary of the said NW 1/4 of Section 1; thence South 76°16'49" East 70.86 feet to a point; thence South 0°24'09" East 844.72 feet to a point on the Southerly boundary of the said NE 1/4 of Section 1; AMENDED ORDINANCE - WATERBURY #5 Page 1 thence North 89°27'21" West 76.71 feet along the said Southerly boundary of the NE 1/4 of Section 1 to the Point of Beginning. is hereby annexed to the City of Meridian, and shall be zoned R-4 Residential; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning. Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. c. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L, and M of the Revised and Compiled Ordinances of the City of Meridian and other matters. d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and 11-9-605 M. which pertains to the tiling of ditches and waterways. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. Section 3 . That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission AMENDED ORDINANCE - WATERBURY #5 Page 2 within ten (10) days following the effective date of this Amended Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Amended Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this day of , 1995. APPROVED: MAYOR -- GRANT P. KINGSFORD ATTEST: WILLIAM G. BERG, JR. -- CITY CLERK STATE OF IDAHO,) • ss. County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Amended Ordinance entitled "AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LYING IN A PORTIONS OF THE E 1/2 OF THE SE 1/4 OF THE NW 1/4 AND W 1/2 OF THE SW 1/4 OF THE NE 1/4 OF SECTION 1, T.3N., R.1W., B.M., ADA COUNTY, STATE OF IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Amended Ordinance No. 699 , by the City Council and Mayor of the City of Meridian, on the day of , 1995, as the same appears in my office. DATED this day of 1995. City Clerk, City of Meridian Ada County, Idaho AMENDED ORDINANCE - WATERBURY #5 Page 3 STATE OF IDAHO,) ss. County of Ada, ) On this day of , 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SEAL Notary Public for Idaho Residing at Meridian, Idaho My Commission Expires AMENDED ORDINANCE - WATERBURY #5 Page 4 ` "' -_- __ ~w~ ~~ 1 A f w ~ G, s 1 ~ ; I I1 1 s R X Ix~ ~,~( w Vim'; ,,\ •;~, ~, l~__~a31AI1V~~!_\ ;~ ~~' - "~ St => >-~~ o ~ ' I 1. -~ rl 1 i ~I~O I wI ~~. ~I ~='^w 1 , i il; ~ -1 ti ~ ( I I I ~ lZ ~ i --------------~__!----~V,-- ----- ~ ~zl, ----, ;-------- ----I ^~ p ,;~ ) ' ~ __ _ .. .~ oN• I . w . 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Y3,OO.ZZAON Ib . ~ o c c0 °o~ In Q ~ ~~ o ~~~ ~ ° M d o N ~ ~ r ~ j t ~n r ~ VI m .00'Sll .OO SII IF""~~ N M 3.OO.ZZ.OON 3„6£.Z£AON ~" o c m O g (D N o 31 ~ cr r~ N 1 ~ ~ ~ ~7 c G W W w .OO~SII N S.OOSII E ,/~~ ~ ~ 4°° 3,OO.ZZAON 4 i ~ 3„6£.Z£AON G W Z ~ ~ ~ o .00'Slli ~~77 s .00'Slt O N a Y 3.AO.ZZ.OON ~ 3.6£.Z£AON Op ° ~ N ~ '~ ~ ~ I r ~ o m .oo'sll ~ .oo~sl l r 3 ~ 3,OO.ZZAON i° ' 6£.Z£.OON Y X41 am n °' o ~ ~ n N ~ v ~ O o J r~ ~ N N 'y . <O p N ~^ .OO S l l I rn = .00'S l l CD rT NO 3AO.ZZAON 3,6£.Z£AON' Z ^ ~ o o O ~ ° I,., `+) l0 0 o ! o M ~ r ~ .00'SLI= .00'Sll Nrn 3.OO.ZZ.OON I .-3.6C.Z£AON g v NN _ ~ h7 ~ r.~ "R vi r O ~'' ° 9 IVY = ' N ' .00'S l l .00 S l l Ol l 00 00'S l l w- I 3„6£.Z£AON 3,.OO.ZZAON 3 „OO.ZZAON ~~ o ~ o N.~ I ~ ~ ..,, i.~o mcnmo nnz i i MERIDIAN CITY COUNCIL MEETING: JULY 18 1995 APPLICANT RAMON YORGASON ITEM NUMBER; 6 REQUEST; FINAL PLAT FOR WATERBURY PARK SUBDMSION N0.5 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: . ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: Materials presented at public meetings shall become property of the City of Meridian. WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P & Z Adm. PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL° GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY MEMORANDUM: A Good Place to Live CITY ®~ MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 GRANT P. KINGSFORD Mayor To: Mayor, City Council From: Bruce Freckleton, Assistant to City Engineer Re: WATERBURY PARK SUBDIVISION NO. 5 (Final Plat - By Capital Development, Inc. ) rni ttur`tl MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z OMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER July 13, 1995 I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: rENERAL COMMENTS , 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605. M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3 Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions, as prepared by a soil scientist, with street development plans. 4. Submit copy of proposed restrictive covenants and/or deed restrictions for our review. 5. Provide a statement as to whether the pressurized irrigation system in this development is to be owned and maintained by the Irrigation Dist. or the Homeowners Assoc. 6. Indicate any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. C: \WP WIN60\GENIItN.\ WATRBRYS. C-C HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E. CIry Enplneer BRUCE 0. STUART, Wtlsr Works Supt. JOHN T. SHAWCROFT, Waats Water Supt. OENNIS J. SUMMERS. Parks Supt. SHARI S. STILES, P ~ 2 Adm. KENNETH W. BOWERS, FlroChlef W. L. "BILL" GORDON, Pollee Chlef WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888~d433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 3 Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 11 1995 TRANSMITTAL DATE: 6/23/95 HEARING DATE: 7/18/95 REQUEST: Final Plat for Waterbury Park Subdivision No 5 BY: -Ramon Yor ason LOCATION OF PROPERTY OR PROJECT: South of Ustick East of Linder _ JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, PIZ 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 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELlM & FINAL PLAT) BUREAU OF RECLAMPyjIC~V(PRELIN~,B~ FINAL PLAT) CITY FILES / ~ J// ~ J _ YOUR CONCISE tJ CK v ~vvv OFFICIALS WILLIAM G. BERG, Jr., City Clerk JANICE L GASS, City Tronuror GARY D .SMITH, P.E. City Engineer BP,UCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Wasts Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P 6 Z Adm. KENNETH W. BOWERS, Firo Chlet W. L "BILL" GOROON, Polies Chiet WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF l~~tERIDLAN 33 EAST IDAHO IViERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 8874813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 3 Z COMMISSION JIM JOHNSON, Chairman MOE AUDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: Julk11 1995 TRANSMITTAL DATE: 6/23/95 HEARING DATE: 7/18/95 REQUEST: Final Plat for Waterbury Park Subdivision No. 5 BY: Ramon Yorg~son LOCATION OF PROPERTY OR PROJECT: South of Ustick East of Linder JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. INEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PREUM 8 FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES ~ ~ ~ 9 ('~ OTHER: ~ _ J YOUR CONCISE REMARKS: OrY-~ .,~ S tr, ~ ~~ ~ ~~,~?~ _. ~, JUI~ ~ , >-a Tie T-t ~-~- ,- .rz / I .S / (~j 2 Q ~~ SUPERINTENDENT OF SCHOOLS Bob L. Haley DEPUTY SUPERINTENDENT Dan Mabe, Finance 8~ Administration Oa EXCE~`~ ASSISTANT SUPERINTENDENT Christine Donnell, Personnel & Instruction yt'+ DIRECTORS ~~~\~~~ ~ Sheryl Belknap, Elementary Jim Carberry, Secondary Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911 MERIDIAN STREET MERIDIAN,IDAH083642 PHONE(208)888-6701 J y , City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: Waterbury Park Subdivision No. 5 Dear Councilmen: ;+ - I have reviewed the zoning request and final plat for Waterbury Park Subdivision No. 5 and find that it includes approximately 52 homes assuming a median value of $90,000. We also find that this subdivision is located in census tract 103.10 and in the attendance zone for Chief Joseph Elementary, Meridian Middle School and Eagle High School. Using the above information we can predict that these homes, when completed, will house 15 elementary aged children, 12 middle school aged children, and 16 senior high aged students. At the present time Chief Joseph Elementary 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. 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, i ` G~~.. Marian Hylen Budget and Financial Manager MH:gr HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, Jr., Clry Clerk JANICE L GASS, Clty Troeauror GARY D. SMRH, P.E. Clry Enylnesr BRUCE D. STUART, Weter Works Supt. JOHN T. SHAWCROFT, Waeta Watsr Supt. OENNIS J. SUMMERS, Psrke Supt. $HARI S. STILES, P t1 Z Adm. KENNETH W. BOWERS, Flro Chief W. L. "BILL" GORDON, Pollee Chief - WAYNEG.CROOKSTON,JR.,Attomsy A Good Place to Live CITY OF 1~~IERIDIp~N 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887813 Public Works/Braiding Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 8 Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE ~~a~~mD~ n~i1~~PPER J~~+ ~ U N 1995 NAMPA & MDDEiIl~~~ITTDIggAN TRANSMITTAL TO AGENCIES ~R COMMENTS ON DEVELOPMENT PRNUJE(:~~ `;~ WITH "£~E CITY OF MERIDIAN To insure that your comments and' recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City_ Hall, Attn: Will Berg, City Clerk by: July 11 1995 TRANSMITTAL DATE: 6/23/95 ~ ~ HEARING DATE: 7/18/95 `= REQUEST: Final Plat for Waterbury Park Subdivision No 5 BY: R o Yor ason LOCATION OF PROPERTY OR Ri~OJECT: South of Ustick. East of Linder ` JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C -WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT - POLICE DEPARTMENT - CITY ATTORNEY CITY ENGINEER CITY PLANNER ` MERIDIAN SCHOOL DISTRICT ~' MERIDIAN POST OFFICE(PREUM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT "' ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT -~ IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) :; U.S. WEST(PRELIM ~ FINAL PLAT) ' ~" INTERMOUNTAIN GAS(PRELIM 8- FINAL PLAT) -BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: „ . w - ... , ._ ~ t~ t ~ ~ , ~__ - ~la~r~jrza & ~le~cidc.'a~ ~vu'gatia~ Di.~auct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 Eugene P. Smith Hubble Engineering, Inc. 9550 West Bethel Court Boise, ID 83709 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 RE: Land Use Change Application for Waterbury Park Sub iJo. S Dear Mr. Smith: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above- referenced development. If you have any questions concerning this matter please feel free °-~o call on Donna Moore at the District's office or John Anderson, ie District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Superintendent - Ramon Yorgason /City of Meridian enc. ~~~\i~ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 11 July 1995 + CENTRAL ~ ~~ DISTRICT ~RHEALTH DEPARTMENT CENTRAL DISTRICT HEALTH DEPARTMENT Environmental Health Division - r ... ' Rezone # Conditional Use # j' / F'nal /Short Plat X75 Return to: ^ Boise ^ Eagle ^ Garden city -Meridian ^ Kuna Pre Imina I _ ^ ACZ rY ~J ~" ^ I. We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. .~ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ~-central sewage ^ community sewage system ^ community water well ^ interim sewage _,®-central water ^ individual sewage ^ individual water ,~ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ..central sewage ^ community sewage system ^ community water ^ sewage dry lines ~ central water ~- 10. Street Runoff is not to create a mosquito breeding problem. ^ I I. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rule. ^ Groundwater Protection ^ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 14. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store '? '' '_ ,~- 15. < i '>''~1 r~~z=rte ~./zi ~~~ i ~- /..~ ~77~C%~11 , Date:__~~ / Reviewed By: ~ ~% .,c~~- `! ~. Review Shel CDHD 10191 rcb, rev. I/95 CENTRAL ` •• DISTRICT ~1'~'HEAL DEPARTM T H ID. 83704-0825 • (208) 375.5211 • FAX: 321-d.4~C ENT MAIN OFFICE • 107 N. ARMSTRONG PL 801SE. To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. STORMWATER MANAGEMENT RECOMMENDATIONS We recommend that the first one half inch of stormwater be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 19892 2) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT 3) CALIFORNIA BEST MANAGEMENT PRACTICE HANDBOOK Prepared by Camp Dresser and McKee, Larry Walker Assoc. , Uribe and Assoc. , Resources Planning Assoc., for the Stormwater Quality Task Force 4) URBAN STORM DRAINAGE CRITERIA MANUAL Volume 3, Best Management Practices Stormwater Quality Urban Drainage and Flood Control District, Denver, Colorado Seining Valley, Elmore. Boise, and Ada Counties Aao ~ eaw ~ ome• wit OoB. • Mnidan amore cash otbe• Ernor• cants ~• a tnwoM+«ra H.ora vaa.r Could o180. v.o. ao: taae 701 K amstrong ai. teoa aooert st. s2o tr am weer N. ~ Manton Home 190 S 4th She't E McCd. ~. t~ Kobe. ~D. 83104825 8obe, b. 81705 . . 83641 Ptt SBlsa01 Manton Horne. ~D. Ph 634.7194 Ernro. FieoMh: 321.1499 tfi. 334.3355 83641 Ph. 587.9715 FortW Plorw+q 321.1100 324 Mention Rd. Irtrrxrr¢albr~t 321.1450 Mention. l0. 83041 Nuhilbrt 321.7400 Ph 888-0515 ® . ~~nc:.vaaea OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L GASS, Clty Treasurer GARY D. SMITH, P.E. Clty Enplneer BRUCE D. 3TUART, Watsr Works Supt. JOHN T. SHAWCROFT, Waats Wetsr Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P i Z Adm. KENNETH W. BOWERS, Flre Chlet W. L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDLAN 33 EAST IDAHO IvIERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MA% YERRINGTON ROBERT D. CORRIE WALT W. MORROW P b Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM MEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WTI'H THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 11. 1995 TRANSMITTAL DATE: 6/23!95 HEARING DATE: 7/18195 REQUEST: Final Plat for Waterbury Park Subdivision No 5 BY: Ramon Yorg~son LOCATION OF PROPERTY OR PROJECT: South of Ustick, East of Linder JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM ~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM ~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8t FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: REQUEST FOR SUBDIVISION APPROVAL PR PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerk's possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 p.m., Thursday following the Planning and Zoning Commission. GENERAL INFORMATION 1. Name of Annexation and Subdivision, Waterbury Park Subdivision No. 5 2. General Location, E1/2,SE1/2,NW1/4 & W1/2 B.M. Ada County 3. Owners of record, Ramon Yorgason, Capital Development Address, 2304 N_ Cole Rd Boise ID 83704 - Telephone ~~~-9'39 - 4. Applicant, Ramon Yorgason Address, Same 5. Engineer, Eugene P. Smith Firm Hubble rlg~neerina Inc = Address, 9550 Bethel Ct. Boise. ID 83709 ,Telephone (2081322-8992 6. Name and address to receive City billings: Name: A 1 i cant Address:. Telephone:, PRELIMINARY P AT CHECKLIST: Subdivision Features 1. Acres: 14.56 2. Number of Lots: 52 3. Lots per Acre: 3.57 `\~ ENGIIyF VIE ~~tJ+ ~_ . RUBBLE ENGINEERING, INC. 9~ L /~ 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-032 .t,O yOQ. S{JR~E STATEMENT OF COMPLIANCE and CONFORMANCE FOR WATERBURY PARK SUBDIVISION NO. 5 The final plat of Waterbury Park Subdivision No. 5 has been prepared in substantial compliance with the approved PRELIMINARY PLAT OF WATERBURY PARK SUBDIVISION NO. 5 and meets with the conditions and requirements of the preliminary approval; it conforms to the requirements of the City of Meridian Subdivision Ordinance and with accepted practices and standards of engineering and surveying. The proposed use is in conformance with the City of Meridian Comprehensive Plan and the current land use zone. The development will comply with all relevant City ordinances and requirements in connecting to City services. All appropriate easements have been provided. All street names will appear as approved by the Ada County Street Name Committee. All streets and related construction will be built to the standards of the Ada County Highway District and any relevant City ordinances. 'r11r5 rORM I'I~RNISIIrn COlIRl7>S 5' OI'~ S'I'I;«'AR'I' 'I'I'I'l,I: I~ acne •~- nrrl>.~(•rn nti aanNirrtst~~ _~_ / ___ -.1! { ~ F 0 5 } ------ - ~ --- IS LINE POR RF('(ia DltJCI Uni n _ ___ _. Order No.: 93041906 TN/LF R'ARRAN"l'Y llEFU FUR VALUE RECEIVGll ERC~TIN J. VEN7IBLE and CT~RYL T>,NrtE VEN71P_LE, hclsband and wife GRANTOR(S), clocs(tlo) hcrchv GRAN-I', E3ARCAIN, SELL. anti C'ONVEX' unto J . FZhrdON YORGJISON AND Ir11RILYN YORGASON, husband and wife GRANTEL-(S), ~~rhose current aclclress is: 2304 N. COLE ROTil', Rt~ISE, IDT1I}O E13704 11re follol~~ing clescrihecl real property in 11D71 County, Slate oC Idaho, snore particularly described as follows, to wit: >+s set forth on the attached EX}IIflIT "n", which by this reference becomes a part hereof. TU HAVE AND TO FIUI_ll the sai(I premises, with their appurtenances unto Ule said Grantee(s). and Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) perch}' covenant to and with the said Grantee(s), that Grantor(s) islare Ule owner(s) in tee simple of said premises; drat said premises are free from all encmnbrances, EXCEP"f Ux>se to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrrant and defend the same [rorn all la~~•ful claims whatsoever. Dated: October 27, 1994 _C~~~~~p=--- C P~^T~,tyNE VEfITRBLE EP.LAId X. UENT~BhE STATE OF IUA3i0 ) CUUNT~- OF 7aD11 ) On this 2Eth day of OctohFr , in the year of 1994 ,before me, isle undersigned, a Notary Public in and for said State, personally appeared ERL11N J. VENTIBLE and Ci'1RYL 11NrdE vFraT~BLE I:nrxvn or i(Icntificcl u, nlc to hP file p^rson(c) whose namPfs) is/are subscrifCd to the wilhit ~IStrument, and acknowlcclged to me that he/she/the}' P~PC111Pd IhP C;Illle. ~ ~fi ,, _ TRII•!n NI ;I 11T ~ .. V Signature: ~G{/~~~~-{-' t' 1•dU1Jlf~Y PUi'LI(, ~+ Narnc: 'I'RIr7A NISIiI'Tl1rdI STl1TE Of= ID/1! 1~ --- thr. ~, ~,~„n _. _ MY Couuni?sloe _ hCSltlltr~, at: BOISEI IDAIrO_____,____-__ __ t~t~l,a9 c ze o~. --- ~- - ----- hfy Conunissiun rrpires: U6j2a/97 c ~ - Centinuation of Exhibit n Order No. S'I'-93041906 TN/LF North A9lP9gZe~o the NortheastQCOrneroof4that4certainmparcel described in a deed recorded as Instrument No. 845119; thence South 0 degreeG 20'?.0" East, along the East line of the above mentioned parcel, a distance of 50 feet to a point; thence South A9 degrees 46' East a distance of 411.54 feet, more or less, to ttie REJ1L FOIN'I' OF BEGINNING. FARCEL III 11 perpetual Non-Exclusive Easement for Ingress and Egress over ttre following described property: 11 strip of land being 20.00 feet in width in the East Half of the East }calf of ttre Northwest Quarter of said Section 1, Township 3 North, Range 1 West adjacent to and Westerly of ttre following described line. BEGINNING at the North Quarter corner of said Section 1, wtrich is t}ie RE11L POINT' OF BEGINNING; thence South 1,320 feet, more or less, along the Easterly boundary of ttre Clorttreast corner of the Southeast Quarter of ttie }aorttrwest Quarter of said Section 1; thence South 462 feet, more or less, along the >asterly boundary of. the Southeast Quarter of ttre Northwest Quarter of said Section 1 to the Northeast corner of the South thirteen acres of the East }calf of the Southeast Quarter of the Northwest Quarter of said Section 1 to "point n" which is the POINT OF ENDING. -2- - "~ ;'~ . \ ~.. icy -- ~/----- 69T - J w r 3 ~. °t g RFQSON ~, 4 r ~'r~5 P ~ gT£Rq seo°x~ ioo 6 ~ 7 .~ 7 ~ R 0 _ n J ~~ ~ ~~ i n R 2 k r L ~! R 3 THIS MAP IS FURNISHED AS AN ACCOMIuIODATION, S ~ h~; ~t Y FAR THE PURPOSES OF GENERALLY t_, ~,~, ~ ANC THE uND. IT DOES NOT REPRESENT A 5; ~ ,'= ~' CF ThE UND OR IDLY ANY F~rnacNTATIONSASTO THESIZI:,AREItORANY OirEn FACTS RELATED TO THE LAND SHOWN THEREON. 2 ~~ __ a ac 0 Y 4 ~..SO° _ J ~^- -- 2CJ'BA7'CI~~ x r~ ~ 5 i Fi ~ ~ ~~ _ ~~, f8 ~ ' ~~. 1 v ~ h' Irps ~ f ~ N /j `~~ _ .$ ~ i S ~ ~b ~ ~D5 !. ~.. 1-~' _Vf~N f 1 ~,. ~r ~ + ~ t \ ~+s ~n f//fir - -- C 7w~ w .`' RUBBLE ENGINEERING, INC. ~'~ Py 9550 Bethel Court • Boise, Idaho 83709 208/322-8992 • Fax 208/378-0329 PROJECT NO. 9403400 MAY 2, 1995 DESCRIPTION OF WATERBURY PARK SUBDNISION NO.S FOR CAPITAL DEVELOPMENT, INC. PORTIONS OF THE E1/2 SE1/4 NW1/4, AND W1i2 SW114 NE1/4, SECTION 1, T.3N., R.1 W., B.M. MERIDIAN, ADA COUNTY, IDAHO A PARCEL OF LAND BEING PORTIONS OF THE E1/2 OF THE SE1/4 OF THE NW1/4 AND W1/2 OF THE SW1/4 OF THE NE1/4 OF SECTION 1, T.3N., R.1 W., B.M., MERIDIAN, ADA COUNTY, IDAHO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT AN IRON PIN MARKING THE SECTION CORNER COMMON TO SECTIONS 35 AND 36, T.4N., R.1 W., B.M., AND SECTION 2 AND THE SAID SECTION 1; THENCE SOUTH 0°00'29" EAST 2699.27 FEET ALONG THE WESTERLY BOUNDARY OF THE SAID NW1/4 OF SECTION 1 TO A BRASS CAP MARKING THE ONE-QUARTER CORNER COMMON TO THE SAID SECTIONS 2 AND 1; THENCE SOUTH 89°27'28" EAST 2655.29 FEET ALONG THE SOUTHERLY BOUNDARY OF THE SAID NW1/4 OF SECTION 1 TO A 2-INCH GALVANIZED PIPE WITH BRASS CAP MARKING THE CENTER OF THE SAID SECTION 1, ALSO SAID POINT BEING THE REAL POINT OF BEGINNING (INITIAL POINT); THENCE NORTH 89°27'28" WEST 663.82 FEET ALONG THE SAID SOUTHERLY BOUNDARY OF THE NW1/4 OF SECTION 1 TO A POINT MARKING THE SOUTHWEST CORNER OF THE SAID E1/2 OF THE SE1/4 OF THE NW1/4 OF SECTION 1; THENCE NORTH 0°05'40" EAST 862.19 FEET ALONG THE WESTERLY BOUNDARY OF THE SAID E1/2 OF THE SE1/4 OF THE NW1/4 OF SECTION 1; THENCE SOUTH 89°20'11" EAST 664.35 FEET; THENCE SOUTH 76°16'49" EAST 70.86 FEET TO A POINT MARKING THE NORTHWEST CORNER OF LOT 30 OF BLOCK 1 OF WATERBURY PARK SUBDIVISION N0.4, AS FILED FOR RECORD IN THE OFFICE OF THE ADA COUNTY RECORDER, BOISE, IDAHO IN BOOK 66 OF PLATS AT PAGES 6862 AND 6863; THENCE SOUTH 0.24'09" EAST 844.72 FEET ALONG THE WESTERLY BOUNDARY OF THE SAID WATERBURY PARK SUBDIVISION N0.4 TO A POINT MARKING THE SOUTHWEST CORNER OF LOT 18 OF BLOCK 7 OF THE SAID WATERBURY PARK SUBDIVISION N0.4; WATERBURY PARK SUED. NO.S PAGE 1 OF 2 THENCE NORTH 89.27'21" WEST 76.71 FEET ALONG THE SOUTHERLY BOUNDARY OF THE SAID NE1/4 OF SECTION 1 TO THE POINT OF BEGINNING, COMPRISING 14.56 ACRES, MORE OR LESS. CS/DTP/GLR/VW/842.DES ~ D. TERRY PEUGH, P.L.S. WATERBURY PARK SUBD. NO. S PAGE 2 OF 2 PREPARED BY: RUBBLE ENGINEERING, INC. "~ !MM 01 REMdKi T~ i~~~ a~ a s e• s,a ~i w , I I I ~~~~~~~~Ij ~~ ~~ ~ i l ~ l~ l ~'~~~~;~~~~ 6 ~~i ~~ ~ ~ ~ ~ ~ ~~~ ~ ~ Fx g~ g i~ ~:Plri ~ ~~ ~ ~a ~ ~ ~~~ ~ uNV1.ArTEo ® j I . i 1 0 ~ .~ I cIW ~ F z I, e I~ , > I r , r ,~ ~ ~, ~ o , ~ .) ~ ., .,. : , :i1~, • 1I~ 1 ®~f ~~ ~ ! - - $~~ ~~s ~~ ~i~ g~g~e i~ 1 M ~ fi I , 1 I' ~ i . I I E ~ {~ O O 6C~ O Q !O Dui ~-€ -'za- = "- ~ -'beer ---~-.aa ~ ~ O _ ~ 1 0 • ~ .,, ® . 1 0 , ®~ I O 10 O ~ ~~ I p " 4 O i O b b I O 4 O i " ®~ ~ O I° O ~~ O 1 0 ~ + ' " " l~ ter---- ~ ANR/RIE~ t - i _ ........I WATERBVRY SARK SUBDIVISION N0. 4 f f C I + _ 1 ~ I A 1 O I~~ ~~ I~ 1 • 1 ~ ~ 4 v s, N ~~ A ~~ Z ~1., ~ ~J m~~ m '~' ~ b = oom~ N N W m Q *t Z r rV n N Z ~ O~~ D Z~ ~Z~ ° DZ~ v ~~Zv c mCn oz 1 Z Z~~~ ~ y ~z~~c 2 o~Zb _~°~, :.~ o ~ ~ ~ N " ~1 ~ O .~ 0 a~~ ~v iN\ ~_ ~~ RUBBLE ENGINEERING, INC. 8660 W. Bethel Court • Kobe, Idaho 83705 SURVC' TRANSIBITAL LETTER FOR: _u~uv~s _PKSC UPS To: ~~~~~ c+ ~c~.~~~,~~ ~. Atln• ~j t~~r ~ `~ ~c,(c (208) 322-8882 • Fax (208) 378-0335 ~-~ j~t7~%S ' Job NO• `~`/G.31~/Ga 1NE ARE SEf~®NrG YOU: WE ARE PIClaNG UP _ (*See ) As Requested ~ Attached -Under Separate Cover, Via FOR YOUR: ~ Use _ Information _ Record Review and Comment _ Bidding _ Cost Estimating Approval THE FOLLOYYMIG: j~ Prinks) _ Specifications _ Plan(s) _ Shop Drawing(s) _ Sample(s) _ Copy of Letter _ Disk(s) (*See Disclaimer below) Copies Date Sheet No. Description ~~F __,,,,~~,,;~~, ~~ ~ taa~ REMARKS: I `oe~~(~ ,et ~;l ,~~ •~ ~ - ~e•e- s,'~ ~ eti l~-C 1 {r ~ ~ i ~ ~lt.c , e~ ,~ ,ce_ 1[~~ c4 't .i.~+iiv ~ l~~t ~ ll-(c t lie e~~-~y ZF f ~,t( ti>Cic,7- , Copy To: _ With Encl. BY: /'' ~°~~L w, ~i.c i fz~z. _ With Encl. I Signed: DMK OISCLAaER:~LEABE READ AND 81QN). ALL USERS OF TFN8 ELECTRONNC DATA SHALL BE AWARE OF THE PRECISION, oR uCK OF PREaS1oN, THERBN. WE ARE FORWARDING TH18 ELECTRONIC DATA FOR YOUR CONV6~HENCE ONLY, NOT AS AN ACCURATE REPRE8ENTATiON OF THE PROPOSED PRO.ECT. RUBBLE ENGINEERING, INC. IS NOT RESPQN3IBLE FOR ANY DAMAGES INCURF~D DUE TO RELUWCE OF THIS DATA FOR HUB6LE USE ONLY: ~ 338 v. -'- . _ CLIENT COPY MERIDIAN CITY COUNCIL MEETI'VG: AUGUST 15.1995 APPLICANT: RAMON YORGASON ITEM NUMBER; 4 5: 5 REQUEST; VARIANCE REQUEST FOR WATERBURY PARK SUBDIVISION NO 5 -FINAL PLAT TABLED AUGUST 1.1995 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P 8 Z Adm. PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. "91LL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIA N 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building DepaRment (208) 887-2211 Motor Vehicle/Driveis License (208) 888-4443 GRANT P. HINGSFORD MEMORANDUM Mayor To: Mayor, City Council From: Bruce Freckleton, Assistant to City Engineer Re: WATERBURY PARK SUBDIVISION NO. 5 (Request for Variance to Tiling Requirement) COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER August 7, 1995 I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: 1. On July 25, 1995 hydraulic calculations for the Creason Lateral were delivered to our office for review. These calculations indicate that a pipe greater than 48" diameter would be required to transport the anticipated flows generated from three contributing sources during a 10 year flood event. Information contained in the report was compiled from field surveying, Nampa & Meridian Irrigation Dist. and from a FEMA Flood Study performed by Kunz Engineering. The calculations exhibit a necessity for a pipe of 72" in diameter to adequately carry the anticipated flows. C: \WPWIN60\GENERAI.\WBRYSVAR. C-C ~ OFFICIALS WILLIAM d. BERd, Jr„ Clty Clerk JANICE L dAS8, Clty Treasurer dARY D. SMITIi, P.E. City Engineer BRUCE 0. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P fi 2 Adm. KENNETH W. BOWERS, Flro Chief W. L "BILL" dORDON, Pollee Chief WAYNE d. CROOKSTON, JR., Attomsy 33 EASE IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887813 Public Worka/BuildinsDepsrtment (208) 887-2211 GRAM' P. KINGSFORD COUNCIL MEMBEAS RONALD R. TOLSMA MAX YERRINCiTON ROBERT 0. CORRIE WALT W. MORROW P t.2 COMMISSION JIM JOHNSON, Chairman MOE AUOJANI JIM SHEARER CHARUEROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recorr~nendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 8. 1995 TRANSMITTAL DATE: 7/24/95 HEARING DATE: 8!15/95 REQUEST: Variance Request for Waterbury Park Subdivision No. 5 BY: Ramon Yoraason LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and West of Meridian Road JIM JOHNSON, P2 MOE AUDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELJM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPAMERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELJM 8~ FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERIIAOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATIO (PRELIM 8~ FINAL PLAT) CITY FILES 1 OTHER: ~~ %` .-~r~' Tom. YOUR CONCISE REMARKS: ~~~:~ HUB OFTREASURE VALLEY A Good Platte to Live CITY OF MERIDLAN Jug z $ ~ss~ ~IT'~ OF I~tERIDUN • Ot~lAL3 WILLIAM G. BERG, Jr., qty park JANICE L GABS, City Treasurer GARY D. SMITH, P.E. City Enplnser BRUCE D. STUART, Water Woks Supt. JOHN T. SHAWCROtT, Waste Water Supt. DENNI8 J. SUMMERS, Pelts Supt. SHARt S. STILES, P b 2 Adm. KENNETH W. BOWERS, Fln Chief W. L "BILL" GORDON, Polies Chlsf WAYNE G. CROOKSTON, JR., Attomsy 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (ZO8) 888433 • FAX (208) 887-4813 Public Works/Buildin; Deparaltatt (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 6ZCOMMISSION JIM JOHNSON, Chairman MOE AUDJANI JIM SNEAKER CHARUEROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: ~~gt„lst 8. 1995 TRANSMITTAL DATE: 7/24/95 HEARING DATE: 8!15!95 REQUEST: Variance Request for Waterbury Park Subdivision No 5 BY: Ramon Yoraason LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and West of JIM JOHNSON, P2 MOE AI.IDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, CIC BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFlCE(PREUM 8t FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM ~ FINAL PLAT) U.S. WEST(PRELIM 8t FINAL PLAT) INTERMOUNTAIN GAS(PREUM 8t FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8t FINAL PLAT) CITY FILES r~/~ ~-~ ~~--- OTHER: YOUR CONCISE REMARKS: ~~.'~ `" ~f`,J l! ~. 2 5 ~~~5 HUB OF TREASURE VALLEY A Good Place to Live CITY (~F MEI~IDLAN CENTRAL •• DISTRICT HEALTH DEPARTMENT Rezone # Conditional Use # Preliminary /Final /Short Plat i/a~.~lr-~~c, ^ Eagle ^ Garden city ti : ~,r r ~~leridian ^ Kuna ^ Acz zic N~ ` I, We have No Objections to this Proposal D/Z COM/~1 ~:.J ~ ' ^ 2, We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4, We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5, Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6, We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7, This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ^ g. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 9, The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 10. ^ I I. ^ 12. ^ 13. Street Runoff is not to create a mosquito breeding problem. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rule ^ Groundwater Protection This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 14. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ~ ~ ~ ~ ~~ Date: ^ 15. Reviewed By: Review e o, CENTRAL DISTRICT HEALTH DEPARTMENT Environmental Health Division Return to: .. .. _..,~. ^ Boise r r ~ ! -~ OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GABS, Clty Troasurer GARY D. SMITH, P.E Clty Engineer BRUCE D.iTUART, Water Works Supt. JOHN T. SHAWCROFT, Wasts Wetar Supt. DENN18 J. SUMMERS, Parka Supt. SHARI S. STILES, P fi Z Adm. KENNETH W. BOWERS, FIroChNt W. L "SILL" GORDON, Polk:e Chlaf WAYNEG. CROOKSTON, JR., Attorney HUB OFTREASURE VALLEY A Good Place to Live CITY OF MER IDLAN 33 EAST' IDAHO r~j~~ 2~~~® MERIDIAN, IDAHO 83642 UU''~~ LS Phone (208) 888433 • FAX (208) 887813 c } Pabuc Worka/Building Department (208) 887-2211 ~ p .l ! t t. 1~9~ GRANT P. KINGSFORD NAMPA & MERIDIAN Mayor IRRIGATION DISTRICT COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 8 Z COMMISSION JIM JOHNSON, Chairman MOE AUDJANI JIM SHEARER CHARUEROUNTREE TIM MEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 8. 1995 TRANSMITTAL DATE: 7124/95 HEARING DATE: 8/15!95 REQUEST: Variance Request for Waterbury Park Subdivision No 5 BY: Ramon Yorgason LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and West of JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MOE AUDJANI, P2 MERIDIAN POST OFFICE(PREUM 8 FINAL PLAT) JIM SHEARER, P2 ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P2 ADA PLANNING ASSOCIATION TIM MEPPER, P2 CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER CO.(PREUM ~ FINAL PLAT) WALT MORROW, C/C U.S. WEST(PREUM ~ FINAL PLAT) MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PREUM 8 FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PREUM >~ FINAL PLAT) SEWER DEPARTMENT CITY FlLES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: ampa & Meri ian Irrigation POLICE DEPARTMENT District's Creason Latera ows at the maximum of CITY ATTORNEY 2, miners inc es or To my know edge, we CITY ENGINEER have not seen or reviewed the flow calculations that CITY PLANNER were used to determine that 48 pipe which the City o~T~eridian requests) will not work. Nampa & Meridian Irri at ion District needs to review t e ca culations to determine whether 48 pipe will be adequate. The request for variance on the Uiping of the Creason Lateral may be premature. Bill Henson, Assistant Water Superintendent Nampa & Meridian Irrigation District pc: District Water Superintendent ~'~C~~~D Rider 4 auc - ~ ~s9~ CITY OF MERIDIAN /(j N\ ~~ ~/ RUBBLE ENGINEERING, INC. 8550 W. Bethel Court • Boise, Idaho 83709 7'RANBrTTAL LETTER FOR: r' 1 f ' / t i- ,l r r c= JZ t f) rfl ,t7 To: (208) 322-8992 • Fax (208) 378-0329 -r~ - i~; DATE Job No• 7~/[ ? `/G c per. ~c:~n #~cl ' ~~ r r ,' ~/ ~" ~"' WE ARE SEIS~WG YOU: WE ARE PICIQNG UP ,_ ('See ) _ As Requested !~ Attached _ Under Separate Cover, Via FOR YOUR: _ Use _ k Information Record _ Bidding _ Cost Estimating Review and Comment Approval THE FOLLOYYING: '~ Print(s) _ Specifications _ Plan(s) _ Sample(s) k Copy of Letter _ Shop Drawing(s) _ Disk(s) ("See Disclaimer below) Copies Date Sheet No. Description ~', / ~, l ~~ 1. Cf ~'~1 i!r ~ 't: +~ ~tc..(Gt(T ..I~ut<<+ :G' t . J,rv L~ ~t t C.~ L f r' j E- ~~ / Copy To: _ With Encl. _ With Encl. ----, Signed: ,mot ~~ t ~ ~ r ~ . lC ~ pp~(p1iCLAaa=p:~l.EAlE READ AND flpN). ALL USERS OF THIS ELECTRONIC DATA SHALL BE AWARE OF THE PRECISION, OR LACK OF PRECISION, TF618N. WE ARE FORWARDNrG THIB ELECTRONIC DATA FOR YOUR CONVENIENCE ONLY, NOT AS AN ACCURATE REPRESENTATION OF THE PROPOSED PFiO.ECT. HLIBBLE ENGINEERING, INC. Is NOT RESPONSIBLE FOR ANY DAMAGE8 INCURRED DUE TO RELIANCE OF TfN3 DATA. ENQNEERNG USE ONLY• rarR RUBBL TOTAL TOTAL TiBE RECEIVED BY: ' ICES: TYE: DELIVEERED: E rr 1,., , ~-7 : f ~: ;` 3 ~) y CLIENT COPY • ,, ~~~ 7~ RUBBLE ENGINEERING, INC. \9 ~ 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-0329 R V E, August 18, 1995 Ms. Shari Stiles Planning & Zoning Administrator City of Meridian 33 E. Idaho Street Meridian, Idaho 83642 RE: Proposed Roadway Alignment with Simunich Property Waterbury Park Subdivision No. 5 Dear Shari, Attached to this letter is the proposed roadway alignment and potential lot configuration for the Simunich property as we previously discussed. The layout is .based on preliminary information as provided by Civil Survey Consultants as well as the current configuration of Waterbury Park No. 5. ACRD conducted a technical review of the proposed street alignment and concluded that based on site considerations and the fact that this is a local street, this configuration is acceptable. A copy of a conversation record with Karen Gallagher (ACRD) is attached to this letter. Please note that this alignment through the Simunich property is intended only to show that the current street alignment in Waterbury Park No. 5 should not impair development of the Simunich property based on the existing alignment of the sewer. Feel free to call me if you should have questions or wish to discuss this issue further. I would recommend showing this layout to Mr. Simunich as quickly as possible to hopefully prevent any future misunderstandings. Sincerely, r `~ `~ c~ Brian D. Smith, P.E. Civil Engineer attachments CONVERSATION RECORD DATE: ~7 ~ 17 14 S TIME: `'_ : ~j ~D,,,,~. 00 ~CTED: l~W-2.~ N C ~~~ ~U ~'lZ COMPANY/ acw o ' AGENCY: ADDRESS: BY: tae S PROJECT NO: QKo3Koo PROJECT NAME: lA a7~ Q ~ u ~y ~a . S PHONE: (~81 ~`~ ~ - 7lc6 Z- FAX: ( D TELEPHONE CALL ^ MEETING ^ MEMORANDUM TO FII.E ^ OTHER: SUBJECT OFCONTACT• P-'to Pcsco 2ngpta,~Y K1l,tC~NuczNT' ~pQ, $iWtU3U~ ~ 1~'~OPc~-T `: f ~ , s i ~ ; i , f 3 f , i , i i ~ ~-~~ 1`+~°t!--~j---T- f ~ ~ v tle.~ e; ~~- ; T~ec~G~ _ ~?e+.tf eu~ ; ~O. _~~ k~ie~ 3~1D--~_~~ISo~,-- ~^-#--'' ` Sit ~~. f ;, ~Ja~e :_~~e' # i ?s ; .~._a._- t ~~ { (~ ! 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'_.__.~__.~.......i..__.y_._-, '...... 1 3 1 •_{ f i M_ri._._..L__•_ ..... ...~... .~. ..T^... _! _;• t 1 ; f f f r . ~ i i . i ' ' i ~ f ' i i i f f S : ' 1 ~ { t i f 1 1 . e . f i i { ~ • ~ { t f i , ~ _ . t .. V--_1..... _ ..f. _.f w...•_` f i _r- f I.- f f j. _. f , t 1 f .'r ~ f e • i . .~ .. f_._..f.. _.i _.._i._._.~_._..i.._... ._ i 3 ~ ~ t .~ ; S ; t j ! f i i ' ~ 3 3 ; t i _ .. t~ : t t i ~ f : i S ( ~ i _ i_ i 1 i 1 ~...._.;__._ ._ _ ~__ _ ~ _..a,..__.a.__ ' __._a._-.i_-_, j.._.a_._.~..• .{_._.. ~ ~..3- f- _.1_.__a.-_a•_._.}-_....-..~ _, f ; _ f --f t ••3 ! •.~ . _i- . ~ j t ! l-~i f i ._.~_-"t'__ ~ E ( ~ t ! j 1 1 _ i. f i i I i 1 ~ i s ACTION REQUIRED: COPY TO: C t ri/ o ~ c~.«: 2 ~ o ~ ~N Cx p S , F! ~.c i PAGE ~' OF ~ JUL-31-1995 10 30 MJBBLE ENGINEERING 1 ~bti .5'~tf bs~y r.blibl \a.- ~-p ~' RUBBLE ENGINEERING, IN . • 2081322-8992 ^ Fax 208/378-0329 a y 9550 Bethel Court ^ Boise, Idaho 83709 July 31, 1995 Mr. Will Berg City Clerk, City of Meridian 33 E. Idaho St. Meridian, Idaho 33642 RE: Final Plat Waterbury Park No. 5 Subdivision Dear Will: ~~ 'AY 1 - .~ On behalf of our client Ramon 'Yorgason, we would hereby request that item number 3 of the August 1, 1995 City Council Meeting, concerning the above stated subdivision, be tabled for an additional period of two weeks: Please feel free to call me if you have any questions or wish to discuss this issue further. Sincerely, ~~~ Brian D. Smith, P.E. Civil Engineer TOTAL P.01 JUL 31 '95 10 28 1 208 378 0329 PAGE.01 OFFICIALS WILLIAM G. BERG, Jr., City Clsrk JANICE L GABS, Gty Treasurer GARY D. SMITH, P.E. Gty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Watsr Supt. OENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P 8 2 Adm. KENNETH W. BOWERS, Faro Chief W. L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF 1~~IERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 8881433 • FAX (208) 887813 Pnblic Works/Buildin6 Department (ZOB) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 3 2 COMMISSION JIM JOHNSON, Chairman MOE AUDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Cierk by: August 8, 1995 TRANSMITTAL DATE: 7/24/95 HEARING DATE: 8/15/95 REQUEST: Variance Request for Waterbury Park Subdivision No 5 BY: Ramon Yorgason --- LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and West of Meridian Road - JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT '`~ MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FlLES OTHER: YOUR CONCISE REMARKS: .~ CITY OF MERIDIAN 728 Meridian St. Meridian, ID 83642 VARIANCE APPLICATION (RE: Meridian Zoning Ordinance WAME: Ramon Yor ason PHONE 377- 3939 Owner or holder of valid option ADDRESS: 2304 N. Cole Road, Suite "A",Boise, Idaho 83704 GENERAL LOCATION: Portion of the NE 1/4 & NW 1/4, Section 1, T.3N, R.1W LEGAL DESCRIPTION OF PROPERTY: Attached PROOF OF OWNERSHIP OR VALID OPTION: A copy of your property deed or option agreement must be attached. . PRESENT ZONE CLASSIFICATIONL R-4 VICINITY SKETCH: A vicinity map at a scale approved by the Mayor showing property lines, streets existing and proposed zoning and such other items as the Mayor may require. SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses within contiguous to, directly across the street from, and within a 300' radius of the parcel (s) proposed fora Variance must be attached. (This information is available from the County Assessor.) DESCRIPTION OF PROPOSED VARIANCE: Request that the City waive the requirement to pipe the Creason Lateral. This lateral is only partially located on the applicants property and would require a pipe larger than a w ~c wou cause inancia ar s i.p or a app scan . SIGNATURE: CITY COUNCIL RECORDS Date Received City Council Hearing Date Received By VARIANCE APPLICATION WATERBURY PARK #5 SUBDIVISION 1. 2545 Venable Lane, Meridian, Idaho 83642 2. Ramon Yorgason, 2304 N. Cole Road, Suite "A", Boise, ID 83704 3. Same as #2 4. Warranty Deed attached to Variance Application 5. Legal Description attached to Variance Application 6. The present land use is agricultural for this property. 7. This property is intended to be developed with 47 single family residential lots and 5 common area lots. 8. Nampa-Meridian Irrigation District 9. Attached to Variance Application 10. N/A il. Attached to Variance Application 12. The size of pipe required to the the Creason Lateral would create an economic hardship on the applicant. 13. This ordinance requires the tiling of irrigation ditches, laterals or canals. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered, and enclosed with tiling, or other covering equivalent in ability to detour access to said ditch. lateral or canal, 14. The Creason Lateral runs along the northern boundary of the Waterbury #5 Subdivision project. The dimensions of the water flow in the lateral area approximately 9 feet wide at the surface, 2-3 feet deep as an average, and traverses approximately 730 feet across the property. Due to the size of this lateral, the considerable cost is beyond what is considered standard or reasonable development cost. 15. The Creason Lateral is an extension of the Finch Lateral which runs along the northern boundary of the previously platted Waterbury Subdivision phases. During non-irrigation months, the Creason Lateral continues to flow due to groundwater in the area and behaves as a drain for surrounding properties. The Creason Lateral has also been designated as a potential future greenbelt area by the city planner. The applicant is proposing to leave a corrider open along the Creason Lateral to allow for future use as a greenbelt. Previous phases of Waterbury Park Subdivision have also provided a fenced future corrider for such a use. We believe the circumstances involving Waterbury Park Subdivision No. 5, the Lateral isolated to the northern boundary, make fencing for the purpose of limiting subdivision access a more viable solution. 17. As stated, previous phases of Waterbury Subdivision have fenced along the lateral as is proposed for this phase. 18. The Creason Lateral was constructed several decades ago, and the current land owner was not available to provide comment as to the location of the lateral. 19. Same as #17. 20. The Meridian Comprehensive Plan provides for the health, welfare and safety of the residents of Meridian City. We do not believe that the granting of this variance will detract in any way from the purpose or meaning of the Comprehensive Plan. 21. Fee = $256.45 22. Granting this variance would allow the applicant to develop the property in a similar manner to surrounding properties without creating excessive economic costs which would inhibit development. The applicant will not create excess profit by this variance but will make the development more economically feasible. The applicant is providing over 2 acres of open space to enchance the quality of the subdivision, including an area designated by the City for a bikepath along the Five Mile Drain. ~~ ~ ~ .. THIS FORM FURNISHED COURTESY OF: STEWA,RT TITLE READ & APPROVED BY ORA 4705 BOISE ID BTEWAET T1TLE 9Lf OCT 28 ~r~ ~ ~ 1G 0 FEE ~ ~~._ ~ .. _. •:'i St ~)F RECOi20~iD %•i ABOVE TfifS LINE FOR RECORDING DATA~_ Order No.: 93041905 TN/W.O WARRANTY DEED FOR VALUE RECEIVED ORA VENABLE Venable), an unmarried woman (also shown of record as Ora J. GRANTOR(S), does(do) hereby GRANT, BARGAIN, SELL and CONVEY ~fnto YORGASON AND tyARILYN YORGASON, HUSBAND AND WIFE GRANTEE(S), whose current address is: the following described real property in described as follows, to wit: J . R11MON 2304 N. COLE ROAD, BOISE, IDAHO 83704 ADA County, State of Idaho, fnore partict-larly As set forth on the aartcheaeofHIBIT "A", reference becomes a p which by this TO HAVE AND TO HOLD tl-e said premises' wrtl` tl;e ~l~ pp~ol hereby coven nt to and witle cite said ~ r ~ ~~ ` ` ~9~ NUBBLE ENGINEERING, INC. Ay 9550 Bethel Court • Bofse, Idaho 83709 208/322.8992 • Fax 208!378-0329 PROJECT NO. 9403400 MAY 2, 1995 DESCRIPTION OF WATERBURY PARK SUBDNISION NO. S FOR CAPITAL DEVELOPMENT, INC. PORTIONS OF THE E1/2 SE1/4 NW1/4, AND W1/2 SW1/4 NE1/4, SECTION 1, T.3N., R.1W., B.M. MERIDIAN, ADA COUNTY, IDAHO A PARCEL OF LAND BEING PORTIONS OFTHE E1/2 OF THE SE1/4 OF THE NW1/4 AND W1/2 OF THE SW1/4 OF THE NE1/4 OF SECTION 1, T.3N., R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT AN IRON PIN MARKING THE SECTION CORNER COMMON TO SECTIONS 35 AND 36, T.4N., R.1 W., B.M., AND SECTION 2 AND THE SAID SECTION 1; THENCE SOUTH 0°00'29" EAST 2699.27 FEET ALONG THE WESTERLY BOUNDARY OF THE SAID NW1/4 OF SECTION 1 TO A BRASS CAP MARKING THE ONE-QUARTER CORNER COMMON TO THE SAID SECTIONS 2 AND 1; THENCE SOUTH 89°27'28" EAST 2655.29 FEET ALONG THE SOUTHERLY BOUNDARY OF THE SAID NW1/4 OF SECTION 1 TO A 2-INCH GALVANIZED PIPE WITH BRASS CAP MARKING THE CENTER OF THE SAID SECTION 1, ALSO SAID POINT BEING THE REAL POINT OF BEGINNING (INITIAL POINT); THENCE NORTH 89°27'28" WEST 663.82 FEET ALONG THE SAID SOUTHERLY BOUNDARY OF THE NW1/4 OF SECTION 1 TO A POINT MARKING THE SOUTHWEST CORNER OF THE SAID E1/2 OF THE SE1/4 OF THE NW1/4 OF SECTION 1; THENCE NORTH 0°05'40" EAST 862.19 FEET ALONG THE WESTERLY BOUNDARY OF THE SAID E1/2 OF THE SE1/4 OF THE NW1i4.OF SECTION 1; THENCE SOUTH 89°20'11" EAST 664.35 FEET; THENCE SOUTH 76°16'49" EAST 70.86 FEET TO A POINT MARKING THE NORTHWEST CORNER OF LOT 30 OF BLOCK 1 OF WATERBURY PARK SUBDIVISION N0.4, AS FILED FOR RECORD IN THE OFFICE OF THE ADA COUNTY RECORDER, BOISE, IDAHO IN BOOK 66 OF PLATS AT PAGES 6862 AND 6863; THENCE SOUTH 0°24'09" EAST 844.72 FEET ALONG THE WESTERLY BOUNDARY OF THE SAID WATERBURY PARK SUBDMSION N0.4 TO A POINT MARKING THE SOUTHWEST CORNER OF LOT 18 OF BLOCK 7 OF THE SAID WATERBURY PARK SUBDIVISION N0.4; WATERBURY PARK SUED. N0.5 PAGE 1 OF 2 THENCE NORTH 89.27'21" WEST 76.71 FEET ALONG THE SOUTHERLY BOUNDARY OF THE SAID NE1/4 OF SECTION 1 TO THE POINT OF BEGINNING, COMPRISING 14.58 ACRES, MORE OR LESS. CS/DTP/GLR/VW/842.DES ~ D. TERRY PEUGH, P.L.S. WATERBURY PARK SUBO. NO. S PAGE 2 OF 2 PREPARED BY: NUBBLE ENGINEERING, INC. .~ C9 i f A l!; W$ • ~ o O • ~ < • . • ~; a y a '^ • N " ~ N . /.~5. ~ • w I=Ih ST. a M y ~ p • V ~ ~' ~j w N W 11 TH AVE. _ ~>: x® ~ o ~ v ~ ; S Q N ~ ~ ~ ~O Z ~ ~ N ~ ~ y • gN ~ ;, m " c : ~ N N ' N M O - ~ w / - - ~ y ~ V 5 • orw"•nN- • r"" ` NW .0 TH AVE. i0 . a~• r w a• a N- 0 ~1 w ~ ~ ~ - c ~ ~ ~'~` • 1= i y r a a~ ~a ~ ~ ~-- M 131n Sl ~~~ N ® ' ''I . . V N M V ~ r M /' © • • V • O • N a Z I ~r r ~ r•'~1. ST ~. • it P ~ ~ a ~ 1 `. i R:"N ~ y .,~ ~ PL. t ° 1 r:Nti ~'~r . ' ~ ~ • N N O / ~ ~ ~ w V • N r C • x N M N i N • " ' w o N M " . A~ v N ~ ~ ~ 0 ~, r ~~~.* ~, y fN ~ v ~ ~ ~ N = r . NO J N N P _ •'~ a a ~ .1 • ~ A ~+ s A ~ O x~ ~ •~• A r ~ ~ ,~ ! ~ • ~ a :„ g ~ ~ ~ a .~ -- -EN.^3..F '.4NE 1 V - - • a .~ a: .. n~ a N1~1l0 N~rl~ d' v h1 - ~ V ,it . Bch ~- . 1 -_ ...~• W "~ t~ ~ ~ i% :!. O ~ :l1 ~ ~ - ~ ~,i ~ O ~ N 4 y t~ ~ W V^ w N ~~~ a cn ~ ~ m (~ ~ z n J °` ~ a C ~_ _ _. .............. ...,.<t.. ...., ... , ~~ - Tr. r'2C(~ v a ~~~~~~ ~~.,n i ~/7sr 'tk Y' G; ~ ' Or z pp ~~ rn ~ ~. ` ': r ~~ - s~ '' r~ '~ , ' ,~: ~- i ;. ,~~. .. f11~~~r ~~,t IOCAT~ ~ ~~ VINO ~ ~p~t-tn t 6~gENTA1lOt~A'~~~S1iE ~Wro ~~ o Frc~s ~u-T>:o ~ TME~oo. z /~,. p fM SL os u .~ .~.-~- - F • ~ ~,~' `' r!f t0 ~ t~ ~ N • ~ ~~ S ~ a a ~w Z 133b1S N1 ZI '' ,, ~ ,~ n a a k1 ~- ~~a /f.~ .0 O AMBROSE, FITZGERALD & CROOKSTON ATTORNEYS AND COUNSELORS AT LAW GRANT L AMBR05B (1915.1966) JOHN O. pl'IZGRRALD, PA. 1530 WEST STATE - P.O. BOX 427 WAYNE G. CROOKSTON, JR., P.A. WILLIAM b scHWARTZ MERIDIAN, IDAHO 83680 JOHN O. FI'I7,GF,RALD 1[., P.A. PLrI'ER W. WARE, JR. THIS FIRM INCLUDES PROFESSIONAL CORPORATIONS M E M O R A N D U M TBLBPxoNe ueb) 666/K1 FACSII-111.6 (206) 060-39f9 DATE: September 5, 1995 TO: Mayor Grant P. Kingsford and Meridian City Council /~ FROM : Wayne G . Crookston, Jr . /~'" v 11 // e RE: Waterbury Variance Application from -9-605M Bruce Freckleton and I are of the opinion that this matter should be tabled because in the materials that the City has received, Nampa-Meridian has indicated that they believe the necessary pipe to pipe this water would be less than 48 inches. Hubble Engineer has submitted documentation that the pipe size would be 70 inches of more. We have just contacted Nampa-Meridian and would like them to receive the materials from Hubble Engineers and then give the City their opinion after having reviewed their materials. ~\: MERIDIAN CITY COUNCIL MEETING: OCTOBER 17 1995 APPLICANT: RAMON YORGASON ITEM NUMBER; 14 REQUEST;FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST FOR WATERBURY PARK SUBDMSION NO 5 GA ENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: FINDNGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: ~ Materials presented at public meetings shall become property of the City of Meridian. 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651.4395 FAX ~ 208.888.6201 995 ~ BE~CEIVED phones: aeo Code 208 Gary Smith, Clty Engineer OCT 1 31995 OFFICE: Nampa 466-7861 City of Meridian 8oiae 343-~as4 3 3 East Idaho SHOP: Nampo 466-0663 Meridian, ID 83642 ~~ Boice 345-2431 RE: Piping Creason Lateral at Waterbury Park No. 5 Dear Bruce: Nampa & Meridian Irrigation District has to control and manipulate flows through the area in question since the irrigation laterals were installed. It is true that if you pipe a lateral the flow must be restricted to a more consistent level than in an open stream. The control of this lateral and others throughout the District is a day to day requirement. __ we feel that we are not regulated under FEMA. TheBe are irrigation laterals which accept storm drainage. Nampa & Meridian Irrigation District deals with storm drainage 12 months of the year. The pipe under Linder Road is a 48" pipe and to the best of my recollection, Linder Road has never been under water from the Creason Lateral. It is my understanding that Nampa & Meridian Irrigation District does not fall under FEMA regulation. We have accepted storm return with this understanding. In the event it is prove that our laterals are under FEMA, then we would have to reassess this policy. Manipulation is the o~,y way we can accept Storm run off. Sincere y, ~ ~''~• Bill Henson, Asst. Water Superintendent BH/dnm ~. cc: File Each Director Secretary/Treasurer Water Superintendent Dan 3teenson Bruce - Meridian Bldg. Dept. APPROXIMATE 1RR~MlE ACRES RIVER FLAW RIGHTS • 23,000 BOISE PROJECT RIGFITS • e0,000 OCT 13 '95 14 22 2088886201 PAGE.04 SEP-19-1995 10:22 NUBBLE ENGINEERING 1 208 378 0329 P.02i02 ~~'V . 9~, RUBBLE ENGINEERING, INC. ~~ l a ti 9550 9ethel Court ^ Boise. Idaho 83709 2081322-8992 • Fax 2081378.0329 September 19, 1995 Mr. Will Berg Meridian City Clerk City of Meridian 33 E. Idaho t1ve. Meridian, ID 83642 RE: Waterbury Park No. 5 Dear Will: VIA FACSYMILE: 887-4813 ~~.'~l S E P 1 9 199a ~~~Y ~~ IWi~~i~1~. Please accept this request to table item No. 4 on tonight's Cily Council agenda. We request this action to allow additional time to coordinate with Nampa Meridian Irrigation District. Thank you for your consideration. Sincerely, Gene P. Smith, P.E. Sr. Project Manager GPS/bh/1032.1tr cc: Gary Smith, P.E. TOTAL P.02 SEP 19 '95 10 19 1 208 378 0329 PAGE.02 ,Q ~ ~ . / f~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 19 September 1995 RECEIVED Phones: Area Code 208 OFFICE: Nampa 466-7861 Gary Smith, City Engineer +,_~ 90r~ Boise 343-1884 Clty of Meridian ~ ~ ~ ~ ~ ~%~~ SHOP: Nampa 466-0663 3 3 East Idaho Street ~~ Boise 345-2431 Meridian, ID 83642 ~-~~~ ~;;~~~ kE: Variance. Request for Waterbury No. 5 Subdivision Dear Gary: Bruce (from your office) sent me a report generated by Brian Smith of Hubble Engineering titled "Calculations for Piping Creason Lateral for Waterbury No. 5 Subdivision" Project #94-034-00. I reviewed the report and responded 1 September 1995. The information that I reviewed included storm water calculations and what I believe to be a demonstration on how the engineers for this project perceive Nampa & Meridian Irrigation District's system is operated. I would like to outline for you Nampa & Meridian Irrigation District's operation of the Creason Lateral. The Creason Lateral is measured downstream from the head works structure which is located at the confluence of the Finch Lateral and the Creason Feeder. The Creason Feeder carries water from the Fivemile Drain. When the Nampa & Meridian Irrigation District wants to divert water into the Creason Lateral from the Fivemile Drain, we have a check structure located downstream and to the west of the Creason Feeder. This cheek structure must have boards placed in it to divert the water as the water is forced into the Creason Feeder. In a storm of the magnitude of the one that is being used in the demonstration by Brian Smith, I can assure you that these boards would be removed and, therefore, no water would be forced into the feeder. One of the potential water sources that was mentioned by Brian Smith was the Flack Drain. I do not believe that I even want to address the Flack Drain as the amount of water that comes into the Creason Lateral from the Flack Drain is insignificant. This is based on several years of operational experience. Page 1 of 2 ha~C~ q- ~I- q5 APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS -40,000 19 September 1995 Gary Smith Page 2 of 2 The last water source for the Creason Lateral is the Finch Lateral which is a controlled facility. The Finch Lateral's main water source is the Ridenbaugh Canal located off Maple Grove Road just north of Franklin Road in Boise. The Finch Lateral does generate some additional surface water but, in the case of a storm of great magnitude,. the Creason Lateral has a check structure just below the confluence of the Creason Feeder and Finch Lateral in which boards can be placed. When this check structure is activated it pushes the water directly down the Creason Feeder into the Fivemile Drain, thus regulating the flow into the Creason Lateral. I do not believe water can even reach the Creason Lateral in the magnitude discussed in this report. The Finch Lateral had a syphon placed in it for a road crossing west of this vicinity. This syphon is approximately 48 inches in diameter and the size was based on flow calculations provided by Hubble Engineering. In summary, Nampa & Meridian Irrigation District has owned and operated these facilities for well over 100 years. We have a current staff that is very dedicated and they are capable of dealing with a variety of situations including rain storms during water delivery season. I do not believe that this important fact was given any consideration when the report was prepared. The total issue happens to be, "Is it possible to operate and maintain ~~,i~ the Creason Lateral in the vicinity of Waterbury No. 5 Subdivisions Gr;r~:l• with a 48 inch pipe and will the pipe run 2,000 inches?" In the brief discussion that I had this morning with the District's engineer, John Sharp, he agreed that a 48 inch pipe should be more than adequate to handle the flow of the Creason Lateral. I believe that a 48 inch pipe would be more than adequate and that it should work quite well. If the pipeline is installed according' r,U.ri!`r_., to approved plans, Nampa & Meridian Irrigation District will assume all responsibility for the operation and maintenance. J Sincerely,. ~GG~-~C.-~- i~'~ John P. Anderson, Water Superintendent JPA/dnm cc: File Each Director Secretary of Dan Steenson John Sharp Brian Smith, Rider #4 the Board Hubble Engineering ~ G~{s fA.l wS bye ri.,., r t,. l ~,. j,P ~~~. QC t~3 ~ S~ • ~ ~Ga~c~ H ,, F.~ iL~,i _4 .._ `~ 6.1.5. it ~ - l.~ IV yY. f~V`,Q Cir~t~Scr+ A 'fie t d_c .~ ~. w- L/, IVVV 1 ~'~ iJ•YJJ ~~ ~~. C RUBBLE ENGINEERING, INC. 9850 6ethel Court .Boise, Idahe 83709 2081322.8992 • Fax 2081378-0329 \9. y ~~~~~ November 1, 1994 Mr. Wdliam Berg . City Qerk -City of Meridian Meridian City Hall 33 E. Idaho Street Meridian, Idaho 83642 RE: Waterbury Park Subdivision No. 5 City Cownca7 ~geada Item No_ 4 Dear Mr. Berg. P~ t~'~ - 1 194 G~TY ~F ~EItjDIA~ Please table the above mentioned item concerning the Development Agreement for Waterbury Park Subdivision No. S for an additional period of two weeks from this date. This additional time will allow both the City and the developer to finalize discussions pertaining to the development agreement prior to City Council approval. Please call me if there are arty problems with this request or if you have any questions. 'Thank you for your consideration on this matter. sincerely, a Brian D. Smith Staff Engineer ** TOTAL PAGE.001 ** OCT 18 '94 17:01 h PRGE.003 ~~',` `~`" RUBBLE ENGINEERING, INC. 9550 Bethel Court ^ Boise, Idaho 83709 20813?2.8992 ^ Fax 208137&0329 ~e_ y ~~~ ~~ October 18, 1994 Mr. Will Berg Meridian City Clerk 33 E. Idaho Avenue Meridian, ID 83642 RE: Waterbury Park Subdivision No. 5 Item No. 4 Dear Will: VIA FACSIMII.E Having just received a copy of the proposed Development Agreement for the above referenced project, we hereby request this item to be tabled at tonight's G`ity Council meeting. Justification for this request is twofold--first to allow enough time to understand..those items within the agreement and secondly, to advise our client of the requirements. Should you require further information, please call. Sincerely, Gene P. Smith, P.E. Sr. Project Manager GPS/bh1841.itr cc: Ramon Yorgason ~ ~ ~~~~ CITY OF A~1EIIIDIAN ** TOTAL PAGE.003 ** MERIDIAN CITY COUNCIL MEETING: October 4 1994 APPLICANT: WATERBURY PARK SUBDNISION NO.S AGENDA ITEM NUMBER: 11 REQUEST: DEVELOPMENT AGREEMENT WATERBURY PARK SUBDIVISION NO 5 AGEN Y CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS OTHER: DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day of 1994, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party of the first part, hereinafter called the "CITY", and CAPITAL DEVELOPMENT. INC. party of the second part, hereinafter called the "DEVELOPER", whose address is 2304 N. Cole Rd.. Suite "A". Boise. ID 83704 WITNESSETH: WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning of land; and WHEREAS, the CITY has passed two development agreement ordinances, one when land is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned, 11-2-417 D; and WHEREAS, the DEVELOPER has submitted an application for annexation and zoning, or an application for rezone, of that certain property described in Exhibit "A", and requested zoning of R-4 and has submitted a subdivision preluninary plat for said property which has been recommended for approval by the Meridian Planning and Zoning Commission; and WHEREAS, the DEVELOPER made some representations at the public hearing before the Meridian Planning and Zoning Commission as to how the land would be developed and what improvements would be made; and WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or rezoning of property; and WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this agreement and acknowledges that this agreement was entered into voluntarily and at its urging and request; and WHEREAS, the DEVELOPER, as sole owner of said land, has made request to the CITY to have the same annexed to said CITY, or rezoned, and has submitted to the CITY a Plat thereof which has been approved for annexation by the CITY and as part of the annexation or rezone the CITY adopted and approved Findings of Fact and Conclusions of Law; and, WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and WATERBURY PARK SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 1 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. 3. That the property zoned R-4 ,described in "Exhibit A", shall have lot sizes of at least Eight Thousand 8( ,000) square feet, which is the size represented at the City hearings, and shall meet all of the requirements of the R-4 zone and have no duplex units, townhouses, or patio homes constructed on said property. 4. That there shall be no change to increase the number of lots or the size of lots as shown in the preliminary plat submitted with the request for annexation, zoning and preliminary plat approval, which is incorporated herein as if set forth in full herein. 5. That DEVELOPER will, before annexation, or de-annexation, file or cause to be filed with the City Engineer, a complete set of "Subdivision Improvement Plans" showing all streets, utilities, pressurized irrigation facilities, sewer, water, drainage, street and other similar signing and barricades, and other such improvements contemplated within the subdivision, which Plans and all improvements shown thereon shall meet the approval of the City Engineer. The Subdivision Improvement Plan, or Plans supplemental thereto, shall also show the proposed location of pressurized irrigation facilities within or that may affect or be affected by the development. Said Subdivision Improvement Plans are incorporated herein and made a part hereof by reference. 6. That DEVELOPER will, at his or their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs and gutters, pressurized irrigation system, electrical transmission lines, natural gas lines, telephone lines, sidewalks, cross drains, street, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Subdivision Improvement Plans. DEVELOPER shall WATERBURY PARK SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 2 also install telephone, electrical power, gas lines, and television as required for the development. 7. That DEVELOPER will construct and install all such improvements in strict accordance with the filed and approved plat and Subdivision Improvement Plans, and the City Standard Engineering Drawings and Standazd 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 aze more restrictive and onerous at the time of construction than at the time of execution of this Agreement. 8. That DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of when and of what portion, or portions, of said improvements he intends to complete and the time schedule therefore; 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 prepazed 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 vazious 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 chazge of the work, that said Plans of the vazious improvements are true and correct and that he (the Registered Professional Engineer) has inspected the construction of the various improvements (water lines, sanitary sewer lines, pressurized irrigation lines, gas lines, electricity lines, storm drain lines, curb and gutter, street paving, etc.) and that the materials for and the installation of the same were all done in conformance with the applicable City Standard Engineering Drawings and Standazd Engineering Specifications governing the construction of these facilities. 10. That DEVELOPER will, immediately upon the completion of any such constructed portion, portions, or the entirety of said development, notify the City Engineer and request his inspection and written acceptance of such completed improvements. 11. That DEVELOPER agrees, that upon a 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 WATERBURY PARK SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 3 /'~ ~ improvements, or, if he does not so construct within a reasonable time after written notification of such Council action, and the CITY thereafter determines to construct, and does construct such improvement, or improvements, the DEVELOPER will pay to the CITY the cost of such construction, in such manner and under such terms as the CITY shall order after conference with the DEVELOPER. Provided, however, the City Council shall not make the finding set forth in this paragraph except at a regular or special meeting of the City Council and unless the DEVELOPER has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be present in person or by counsel, and to be heard on the merits of the proposed finding. 12. That DEVELOPER agrees that upon his, its, or their having received written notification from the City Engineer, that any of the requirements herein specified have not been complied with, that the CITY shall have the right to withhold the issuance of any Certificates of Occupancy within such annexed area and/or shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed area until such time as all requirements specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its decision shall be final, except that the rights of the parties are preserved at law and equity. 13. DEVELOPER agrees that, in the event any of the improvements required herein are not timely installed, the CITY may, at its sole option, install the improvements and declare the entire cost of said improvements to be immediately due and payable and may seek to collect such sums in the manner provided by law, or may pursue any other remedy set forth herein or as may be available in law or equity. In the event of such declaration, all sums due shall bear interest at the prime interest rate of First Security Bank of Idaho, plus five percent (5 %) per annum, until paid. 14. That DEVELOPER agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement, to secure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, pressurized irrigation system, landscaping and berming, and fencing. In the event of DEVELOPER's failure to complete such installation, the CITY may install such improvements and, without notice, foreclose this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of Idaho; provided further that upon request of the DEVELOPER, the CITY will execute and deliver a partial release of the lien created herein against all or apy portion of the subject land, upon completion of that portion of the total improvements WATERBURY PARK SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 4 /'~ n 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, aze required because of future service needs originating from properties not owned by DEVELOPER and located within the vicinity of the subject development; that sound planning requires construction thereof at the present time in order to accommodate future expansion and development. In recognition of the cost savings which can be accomplished by construction of such excess capacity and/or improvements concurrently with the facilities to be constructed for DEVELOPER's purposes, and the impracticality or impossibility of constructing such excess capacity and/or improvements separately or at a later time, DEVELOPER agrees to design and construct such facilities subject to the CITY's agreement to enter into a late comers agreement to reimburse DEVELOPER for a portion of the costs of such excess capacity. DEVELOPER agrees to obtain three independent bona fide bids for the performance of such work from qualified and responsible contractors and shall deliver copies of such bids to the CITY prior to the commencement of such work. Such bids shall be solicited and itemized in a manner which allows cleaz and specific identification of that portion of the construction work for which the CITY may possibly agree to enter into a late comers agreement. The CITY's obligation to enter into a late comers agreement to help DEVELOPER to pay for such costs shall be limited to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER to perform the work. 16. That DEVELOPER agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the CITY and the DEVELOPER have WATERBURY PARK SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 5 /'~ /'1 entered into an addendum agreement stating when the improvements will be completed in a phased development; in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 17. That DEVELOPER agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in Exhibit "B" attached hereto and by this reference made a part hereof; and agrees to construct a perimeter fence around the entire parcel prior to any construction, except where roadways and streets for access are located and except where the CITY has agreed that such fencing is not necessary. 18. That DEVELOPER agrees that any notice required by this Agreement shall be given at the following address: CITY of Meridian: DEVELOPER: City Engineer Capital Development. Inc. City of Meridian Ramon Yorgason 33 East Idaho 2304 N. Cole Rd.. Suite "A" Meridian, ID 83642 Boise. Idaho 83704 19. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 20. All covenants and conditions set forth herein shall be appurtenant to and run with the land and shall be binding upon DEVELOPER's heirs, successors or assigns. 21. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 22. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the CITY of Meridian. WATERBURY PARK SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 6 /'~ DATED the date, month and year first appearing. CITY OF MERIDIAN By Grant P. Kingsford, Mayor By William G. Berg, Jr., City Clerk WATERBURY PARK SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 7 By /'~ STATE OF IDAHO ) County of Ada ss. On this 15th day of September, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared) • Ramon Yorgason ,known, or proved to me, to be the President 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. (SL~t"~I,) STATE OF IDAHO ) County of Ada ss. ~~ ~%' Notary Public for Idaho Residing at: Boise, Idaho My Commission Expires: 0 8- 2 7- 9 9 On this day of , 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared GRANT P. KINGSFORD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: WATERBURY PARK SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 8 `~ RUBBLE ENGINEERING, INC. ~~ ~'~~ \9 Ay 9550 Bethel Court ^ Boise, Idaho 83709 208/322.8992 ^ Fax 2081378-032£ Project No. 94034 May 13, 1994 Revised August 26, 1994 EXHIBIT "A" DESCRIPTION FOR PROPOSED WATERBURY PARK SUBDIVISION NO. 5, PORTIONS OF THE E1/2 SE1/4 NW1/4 AND W1/2 SW1/4 NE1/4, .SECTION 1, T.3N., R.1 W., B.M., ADA COUNTY, IDAHO A parcel of land lying in a portions of the E1/2 of the SE1/4 of the NW1/4 and W1/2 of the SW1/4 of the NE1/4 of Section 1, T.3N.; R.1W., B.M., Ada County, Idaho and more particularly described as follows; Commencing at the one-quarter corner common to Section 2 and the said Section 1; thence South 89°27'28" East 2655.29 feet along the Southerly boundary of the said NW1/4 of Section 1 to a point marking the Southeast corner of the said NW1/4 of Section 1, also said point being the REAL POINT OF BEGINNING; thence North 89°27'28" West 663.82 feet along the said Southerly boundary of the NW1/4 of Section 1 to a point marking the Southwest corner of the said E1/2 of the SE1/4 of the NW1/4 of Section 1; thence North 0°05'40" East 862.19 feet along the Westerly boundary of the said E1/2 of the SE1/4 of the NW1/4 of Section 1 to a point; thence South 89°20'11" East 664.35 feet to a point on the Easterly boundary of the said NW1/4 of Section 1; thence South 76 ° 16'49" East 70.86 feet to a point; thence South 0°24'09" East 844.72 feet to a point on the Southerly boundary of the said NE1/4 of Section 1; Prop. Waterbury Park Subd. No. 5 Page 1 of 2 ~ /`~ k , S ~ r.Ai11DIT nBn TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND CAPITAL DEVELOPMENT, INC. This subdivision is for 46 single-family dwelling units with an overall density of 3.16 dwelling units per acre. The DEVELOPER shall: 1. Extend and construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines. 2. Construct streets to and within the property. 3. Pay any development fee or transfer fee adopted by the CITY. 4. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the CITY. 5. All common areas within the subdivision shall be maintained by the Waterbury Park Subdivision Homeowners Association. 6. Provide pressurized irrigation to all lots within this subdivision. 7. Provide a gravel access road above the existing 21 " sewer trunk line parallel to the Creason Lateral. 8. Relocate and pipe the existing users ditch to provide irrigation water to the western boundary. ti 1ti~A7ERi~ r~~ ~qRt~ .3#. S GL1C11D11 nB" TO THE DEVELOPMENT AGREEMENT BY AND. BETWEEN THE CITY pF NIERIDhAN, IDAHO AND CAPITAL DEVELOPMENT, INC. rbuSe- s rz~ o ~ I,µ~ This subdivision is for 46 single-family dwelling units with an overall density of 3.16 dwelling units per acre. The DEVELOPER shall: 1. Extend and construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines. 2. Construct streets to and within the property. 3. Pay any development fee or transfer fee adopted by the CITY. 4. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the CITY. ~~-efm5 4nc~ tG,nc~~pin5 vn en-~•l~.nC-es 5. All common azea~~within the subdivision shall be maintained by the Waterbury Pazk Subdivision Homeowners Association. 6. Provide pressurized irrigaition to all lots within this subdivision. ~u+~ ~~ ~ ° ~ ~ ~'P ~O `' ~ 5 -G,-oM aPpro~r'~a~,. Irc~9~++on dt~-rre.~ l C'~n41 Caenx'i.n~( and down s-~r~ccrc~ w~¢.~r'c.~~s MuS~ l~a- 7. Provid"e a~grave~`'ac ess ioa~ above the existing 21 " sewer trunk line parallel to the Cresson Lateral. 8. Relocate and pipe the existing users ditch to provide irrigation water to the western boundary. G~ -T le a~ +~~f,e , e~ 13 ~~d -Ee.~u~Qy ~.~clu~;~ owe ~6i~-~ ~~-~ ~~o/~~rf-y darks or cs y ~a~~~4l~y Loe~ ~ art f~r~ P~o~oer~~~. e/. ~rav,d`¢ ~e e~ss ~r lards awned h~~ Icahn .~n~~ /a. L/13ure r~h~f ~h-e i~'i-iJ~-Fier ~ys~m~ r'~e~a~ i~1~i~red e.~i-~~ Q~c( -t'-ha-F c // G~Jo ~~,•~5 ~~on•e ~,~ie~ ~~eG~ei cue ~ ux~~ef ~~•~ ~ ~'e~ei~ed ~p~tor ~o c%u~-~~Pmen~ , n /'1 33. That proper notice was given as required by law and all procedures before the City Council were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City. of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. 3. That the City Council has judged this annexation and zoning application under Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing. within the City and State. 6. That the land within the annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. WATERBURY ANNEX - FF & CL .Page - 9 ~-. 7. That the annexation application has been initiated by the Applicant, who is not the titled owner, but the titled owner has requested the annexation and the annexation is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The Citv of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, Section 11-9-605 M., which pertains to the tiling of ditches and water ways, and Section 11-9-606 B 14., which pertains to pressurized irrigation; that the Applicant will be required to connect to Meridian water and sewer; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L and prior comments of the previous Planning Director, Wayne Forrey, relating to the lack of adequate recreation facilities and that land set aside for a future park would be desirable, that the City is in need of land set- asides for future public service use, that a school site was not reserved; that the development agreement shall, as a condition of WATERBURY ANNEX - FF & CL .Page - 10 /~ annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any development fee or transfer fee adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de-annexation and loss of City services, if the requirements of this paragraph are not met. 10. That the Applicant's property is in compliance with the Comprehensive Plan, and therefore the. annexation and zoning Application is in conformance with the Comprehensive Plan. 11. That the comments and requirements of the Meridian City Departments and the other governmental agencies shall be met and addressed in a development Agreement. 12. That all ditches, canals, and waterways shall be tiled as a condition of annexation; that the Applicant shall be required to install a pressurized irrigation system; that the Applicant shall provide access for the lands owned by John Sanford and the City ~V shall monitor this requirement in the platting process; that the ~~ Applicant shall ensure that the irrigation systems are not interfered with and that all adjoining properties receive the water that they received prior to Applicant's development; that if the Applicant does not meet the above requirements the property shall be subject to de-annexation. 13. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be WATERBURY ANNEX - FF & CL Page - 11 subject to and controlled by the Subdivision and Development Ordinance; that a determination of ground water level and subsurface soil conditions shall be made and reported to the City Engineer 14. That as a condition of annexation the house size of 1,400 square feet must be met. 15. That proper and adequate access to the property is available and will have to be maintained. 16. That these conditions shall run with the land and bind the applicant and its assigns. 17. .With compliance of the conditions contained herein, the annexation and zoning of R-4 Residential would be in the best interest of the City of Meridian. 18. That if these conditions of approval are not met the property shall be subject to de-annexation. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact-and Conclusions. ROLL CALL COUNCILMAN MORROW VOTED COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR RINGSFORD (TIE BREAKER) VOTED VOTED VOTED VOTED WATERBURY ANNEX - FF & CL -Page - 12 ~ ~ DECISION The City Council hereby decides that the property set forth in the application is approved for annexation and zoning under the conditions set forth in these Findings of Fact and Conclusions of Law, including that the Applicant enter into a development agreement prior to an annexation and zoning ordinance being passed as that agreement is information that the Council needs to decide whether to pass an annexation and zoning ordinance or deny the application; that if the Applicant is not agreeable with these Findings of Fact and Conclusions and is not agreeable with entering into a development agreement, the property shall not be annexed. MOTION: APPROVED: 0 DISAPPROVED: WATERBURY ANNEX - FF & CL Page - 13 t C Nnu OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS. City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: To; Mayor, City Council, Planning & Zoning From; Bruce Freckleton, Assistant to City Engineer Re; WATERBURY PARK NO. 5 SUBDIVISION (Annexation/Zoning w/Preliminary Plat) June 17, 1994 I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the applicant during the hearing process: 1. There seems to be some discrepancies between the legal description submitted for this annexation and the Waterbury. Park annexation (Ord. #574, 03/03/94). These two parcels need to have a common contiguous boundary line. 2, Please indicate the address, and phone number of the subdivision developer on the preliminary plat map. 3, Please define the subdivision phase lines, unless you intend on developing the whole area as detailed on the preliminary plat map. 4. Please indicate proposed fire hydrant and street light locations on the preliminary plat map. 5, Locate and reference existing'wells within the preliminary plat boundaries. (. You will be required to the the existing ditch(s) on site per City Ordinance. 7. Contour lines need to be referenced to an established Bench Mark. 8. Submit a master street drainage plan, including method of disposal & approval from the affected irrigation/drainage district. 9. Please develop and submit estimates of traffic impact on existing adjacent roadways & intersections. 10. Determine the seasonal high ground water elevation, and profile the sub-surface soil conditions. n i"1 . HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live RONALD R TOLSMA MERIDIAN MAX Yf RRINGTON CITY OF WALT W MORROI'V 33 EAST IDAHO SHARI STILES Planner 8 Zoning Admmistrato~ MERIDIAN, IDAHO 83642 JIM JOHNSON Phone (208) 888-0433 ~ FAX (208) 887-4813 Chairman Planning 8 Zoning Public Works/Building Department (208) 887-221 I GRANT P. KINGSFORD Mayor ~ ~ ~ ~ . ~ 11. Sewer service to this development will need be by tapping into the existing South Slough Interceptor, which passes across the northerly portion of this parcel. 12. Water service to this property will need to be extended, from existing mains in Waterbury Park No. 3. 13. Water main sizing in this development is subject to change upon completion of the water system modelling. 14. Please indicate Flood Plain Boundaries and any plans to reduce said boundaries. It appears that the majority of this development would be within Flood Plain, and a portion may even be in a Flood Way. C: \WPWIN60\DUMPSTER\WATRBRYS. P&Z ~ ^ ~ BEFORE THE MERIDIAN CITY COUNCIL RAMON YORGASON ANNEXATION AND ZONING E 1/2 SE 1/4 NW 1/4, Section 1, T 3N., R.1W., B.M., Ada Countv WATERBURY PARR SUBDIVISION # 5 MERIDIAN. IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on August 16, 1994, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the City Council having heard and taken oral and written testimony and the Applicant appearing through his engineer, Brian D. Smith, and having duly considered the matter, the City Council makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for August 16, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the August 16, 1994, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That the property included in the application for annexation and zoning is described in the application, and by this WATERBURY ANNEX - FF & CL Page - 1 ~ ~ reference is incorporated herein; that the property is approximately thirteen acres in size; the property is south of Ustick Road and East of Linder Road. 3. That the property is presently zoned by Ada County as (RT) Rural Transition and the proposed use would be for R-4 Residential type development; that the Applicant states in his subdivision application that the subdivision lot size would be a minimum or 8,000 square feet; that there would be 46 lots in the proposed subdivision; that the Applicant in its subdivision application states that the minimum square footage of homes would be per the Ordinance; that there would be 3.16 lots per acre. 4. The general area surrounding the property is used agriculturally and residentially. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant is not the owner of record of the property but the owner of record Erlan J. Venable, has requested that the land be annexed and zoned. 7. That the property included. in the annexation and zoning application is within the Area of Impact of the City of Meridian. 8. That the entire parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. That the Application requests that the parcel be annexed and zoned R-4 Residential; that the present land use of the property is for agriculture pasture and two houses; that the WATERBURY ANNEX - FF & CL Page - 2 .` /'1 ~ ;, intended development of the property is for an R-4 single family subdivision which is c~~nsistent with the property to the east and south. 10. The Applicar.;t's representative stated in the letter accompanying the preliminary plat application, which was submitted simultaneously with the annexation application, that there would be 2.04 acres of common area which is proposed to be maintained by the homeowner's associatio~i and that the subdivision was designed to maintain a corridor for the existing 21 inch sewer trunk line paralleling the Creasori Lateral. 11. That comment: were received from various Meridian City Departments, from other governmental agencies, and other interested parties and they are incorporated herein as if set forth in full. 12. The Meridian Planning Director, Shari Stiles submitted comments which related mostly to the preliminary plat; in other annexation applications she has commented that a development agreement is required a:~ a condition of annexation; such comment is equally applicable to this annexation application. 13. That two people testified on this Application; Joe Siminich commented that he owned the property to the west, that he had concerns over irrigation and how the developers were not doing good jobs to see that the irrigation rights were maintained; he also stated at the Planning and Zoning commission that there were no plans shown for the irrigation ditch, and that for irrigation he was on a rotation sy;atem and he wanted that recognized and protected; John Sanford testified that if Venable Lane is not going WATERBURY ANNEX - FF & ~~L Page - 3 4 ~1 to be a through Ada County Highway District street he would be land locked; that he had requested access when Lounsbury Subdivision was before the City but access was not provided through that subdivision. 14. That the property is shown on the Meridian Comprehensive Plan as being in a Single Family Residential area. 15. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Areas, Section 6.3, it does state that land in agricultural activity should so remain in agricultural activity until urban services can be provided. 16. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots. 17. That the property can be physically serviced with City water and sewer. 18. That the R-4 Residential District is described in the Zoning Ordinance, 11-2-408 B. 3. as follows: "R-4) Low Density Residential District: Only Single Family Dwellings shall be permitted and no conditional uses shall be permitted except for Planned Residential Development and public schools. The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominately residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non-residential uses. The (R-4) District allows for a maximum of four ( 4 ) dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian."; that the R-4 zoning district requires a minimum of 1,400 square WATERBURY ANNEX - FF & CL Page - 4 .~ ~ feet to be included in houses in that zone; that the Applicant's representative stated in the letter accompanying the application that the subdivision would comply with the Zoning Ordinance. 19. That the Meridian Comprehensive Plan, under Land Use, Residential Policies, 2.1U states as follows: "Support a variety of residential categories (urban, rural, single-family, multi-family, town .houses, apartments, condominiums, etc. ) for the purpose of providing the City with a range of affordable housing opportunities." 20. That the. Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.3 c., it states as follows: "Within the Urban Service Planning Area development may occur in densities as low as 3 dwellings per acre if physical connection is made to existing City of Meridian water and sewer service and the property is platted and subdivided . .' 21. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.4, it states as follows: "Residential development is allowed in the rural area provided that said development does not exceed the Rural Residential Agricultural density, unless it is inside the Urban Service Planning Area and City sewer and water is provided, then Low, Medium and High density residential may be considered. All residential development must also comply with the other appropriate sections of this plan." 22. That the Meridian Comprehensive Plan, under Housing, Housing Policies, at page 66, it states as follows: "1.1 The City of Meridian intends to provide for a wide diversity of housing types (single-family, modular, mobile homes, multi-family, town houses arrangements), ." "1.3 An open housing market for all persons, regardless of race, sex, age, religion or ethnic background." "1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged." WATERBURY ANNEX - FF & CL Page - 5 /"~ P~ 23. That there is a population influx into the City of Meridian at the present time which has been going on for some time and is likely to continue; that the land is relatively close to Meridian and economic conditions are making it difficult to continue farming in the area. 24. That the City Engineer has previously submitted comment in different applications that a determination of ground water level and subsurface soil conditions should be made; that such a comment is equally applicable to this Application. 25. That in prior requests for annexation and zoning in this area the previous Zoning Administrator has commented that annexation could be conditioned on a development agreement including an impact fee to help acquire a future school or park site to serve the area and that annexations should be subject to impact fees for park, police, and fire services as determined by the city and designated in an approved development agreement; that such comment is equally applicable to this Application. 26. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being WATERBURY ANNEX - FF & CL Page - 6 ~ ~ able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students. 27. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all residential lots in the City because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 28. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 29. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement." WATERBURY ANNEX - FF & CL Page - 7 30. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 31. That Section 11-9-605 K states as follows: "The extent and location of lands designed for linear open space corridors should be determined by. natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi- improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 32. That Section 11-9-605 L states as follows: Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Planning and Zoning Commission shall consider the Bicycle-Pedestrian Desictn Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. WATERBURY ANNEX - FF & CL Page - 8 ~ /'\ 7. That the annexation application has been initiated by the Applicant, who is not the titled owner, but the titled owner has requested the annexation and the annexation is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, Section 11-9-605 M., which pertains to the tiling of ditches and water ways, and Section 11-9-606 B 14., which pertains to pressurized irrigation; that the Applicant will be required to connect to Meridian water and sewer; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-Z-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L and prior comments of the previous Planning Director, Wayne Forrey, relating to the lack of adequate recreation facilities and that land set aside for a future park would be desirable, that the City is in need of land set- asides for future public service use, that a school site was not reserved; that the development agreement shall, as a condition of WATERBURY ANNEX - FF & CL Page - 10 ~"1 annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any development fee or transfer fee adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de-annexation and loss of City services, if the requirements of this paragraph are not met. 10. That the Applicant's property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. 11. That the comments and requirements of the Meridian City Departments and the other governmental agencies shall be met and addressed in a development Agreement. 12. That all ditches, canals, and waterways shall be tiled as a condition of annexation; that the Applicant shall be required to install a pressurized irrigation system; that the Applicant shall provide access for the lands owned by John Sanford and the City shall monitor this requirement in the platting process; that the Applicant shall ensure that the irrigation systems are not interfered with and that all adjoining properties receive the water that they received prior to Applicant's development; that if the Applicant does not meet the above requirements the property shall be subject to de-annexation. 13. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be WATERBURY ANNEX - FF & CL Page - 11 subject to and controlled by the Subdivision and Development Ordinance; that a determination of ground water level and subsurface soil conditions shall be made and reported to the City Engineer 14. That as a condition of annexation the house size of 1,400 square feet must be met. 15. That proper and adequate access to the property is available and will have to be maintained. 16. That these conditions shall run with the land and bind the applicant and its assigns. 17. With compliance of the conditions contained herein, the annexation and zoning of R-4 Residential would be in the best interest of the City of Meridian. 18. That if these conditions of approval are not met the property shall be subject to de-annexation. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COUNCILMAN MORROW VOTED COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) WATERBURY ANNEX - FF & CL VOTED VOTED VOTED VOTED Page - 12 /'~ /'1 ~~,~ ~~ ~' ,~. `~ ~ r. DEVELOPMENT AGREEMENT ~.~!:. -_ THIS AGREEMENT, made and entered into this day of 1994, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party of the first part, hereinafter called the "CITY", and CAPITAL DEVELOPMENTS INC. party of the second part, hereinafter called the "DEVELOPER", whose address is 2304 N Cole Rd Suite "A". Boise, ID 83704 WITNESSETH: WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State. of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning of land; and WHEREAS, the CITY has passed two development agreement ordinances, one when land is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned, 11-2-417 D; and WHEREAS, the DEVELOPER has submitted an application for annexation and zoning, or an application for rezone, of that certain property described in Exhibit "A" , and requested zoning of R-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, WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and WATERBURY PARK SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 1 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. 3 . That the property zoned R-4 ,described in "Exhibit A" , shall have lot sizes of at least Eight Thousand 8 000 square feet, which is the size represented at the City hearings, and shall meet all of the requirements of the R-4 zone and have no duplex units, townhouses, or patio homes constructed on said property. 4. That there shall be no change to increase the number of lots or 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. ~inl~ ~' 6. That DEVELOPER will, at his or the' wn expense, construct and install all sanitary sewers, storm drains, pump' stations, water mains and appurtenances, fire hydrants, curbs Ott gutters, pressurized irrigation system, electrical transmission lines, natural gas lines, telephone lines, sidewalks, cross drains, street, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Subdivision Improvement Plans. DEVELOPER shall WATERBURY PARK SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 2 also install telephone, electrical power, gas lines, and television as required for the development. 7. That DEVELOPER will construct and install all such improvements in strict accordance with the filed and approved plat and Subdivision Improvement Plans, and the City Standazd Engineering Drawings and Standazd 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 standazds and specifications aze more restrictive and onerous at the time of construction than at the time of execution of this Agreement. 8. That DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of when and of what portion, or portions, of said improvements he intends to complete and the time schedule therefore; and agrees to make such modifications andlor 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 mylaz 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 aze true and correct and that he (the Registered Professional Engineer) has inspected the construction of the various improvements (water lines, sanitary sewer lines, pressurized irrigation lines, gas lines, electricity es, storm lines,. curb and gutter, street paving, etc.) and that the materials for and the installation of the same were all done in conformance with the applicable City Standard Engineering Drawings and Standard Engineering Specifications governing the construction of these facilities. 10. That DEVELOPER will, immediately upon the completion of any such constructed portion, portions, or the entirety of said development, notify the City Engineer and request his inspection and written acceptance of such completed improvements. 11. That DEVELOPER agrees, that upon a fording by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion, or portions, or the entirety of said improvements need to be completed in the interest of the health, welfaze and/or safety of the inhabitants of the CITY, the DEVELOPER will thereupon, within a reasonable time, construct said needed WATERBURY PARK SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 3 ~ ~ 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 unprovements, the DEVELOPER will pay to the CITY the cost of such construction, in such manner and under such terms as the CITY shall order after conference with the DEVELOPER. Provided, however, the City Council shall not make the fording 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 fording. 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 Occupancy within such annexed area and/or shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed area until such time as all requirements specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its decision shall be final, except that the rights of the parties are preserved 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 prune interest rate of First Security Bank of Idaho, plus five percent (5 %) per annum, until paid. 14. That DEVELOPER agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement, to secure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, pressurized irrigation system, landscaping and berming, and fencing. In the event of DEVELOPER's failure to complete such installation, the CITY may install such improvements and, without notice, foreclose this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of Idaho; provided further that upon request of the DEVELOPER, the CITY will execute and deliver a partial release of the lien created herein against all or apy portion of the subject land, upon completion of that portion of the total improvements WATERBURY PARK SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 4 ~ ~ installed which relates to the percentage of improvements that have been installed as compared to the total amount of improvements. The CITY further agrees that, upon request of DEVELOPER, the CITY will, by written agreement, subordinate the lien created hereby, to any mortgage, deed of trust, or other security device required to secure the payment of any loan or advance made to DEVELOPER for the sole purpose of financing the construction of improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall first warrant and represent in writing that it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will take reasonable precautions usual and customary to the financing and lending industry to ensure that the loan proceeds or advances will not be used for any other purpose. The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure the installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. . 15. That DEVELOPER agrees .that those portions of the water main or the sanitary sewer line, for which the CITY has expressly agreed to enter into a late comers agreement, if any, for including any water or sewer line extensions, increased line size or capacity, are required because of future service needs originating from properties not owned by DEVELOPER and located within the vicinity of the subject development; that sound planning requires construction thereof at the present time in order to accommodate future expansion and development. In recognition of the cost savings which can be accomplished by construction of such excess capacity and/or improvements concurrently with the facilities to be constructed for DEVELOPER'S purposes, and the impracticality or impossibility of constructing such excess capacity and/or improvements separately or at a later time, DEVELOPER agrees to design and construct such facilities subject to the CITY's agreement to enter into a late comers agreement to reimburse DEVELOPER for a portion of the costs of such excess capacity. DEVELOPER agrees to obtain three independent bona fide bids for the performance of such work from qualified and responsible contractors and shall deliver copies of such bids to the CITY prior to the commencement of such work. Such bids shall be solicited and itemized in a manner which allows clear and specific identification of that portion of the construction work for which the CITY may possibly agree to enter into a late comers agreement. The CITY's obligation to enter into a late comers agreement to help DEVELOPER to pay for such costs shall be limited to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER to perform the work. 16. That DEVELOPER agrees that no Certificates of Occunancy will be issued until all improvements are completed, unless the CITY and the DEVELOPER have WATERBURY PARK SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 5 ~ n entered into an addendum agreement stating when the improvements will be completed in a phased development; in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 17. That DEVELOPER agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in Exhibit "B" attached hereto and by this reference made a part hereof; and agrees to construct a perimeter fence around the entire parcel prior to any construction, except where roadways and streets for access are located and except where the CITY has agreed that such fencing is not necessary. 18. That DEVELOPER agrees that any notice required by this Agreement shall be given at the following address: CITY of Meridian: DEVELOPER: City Engineer CaQtal Development. Inc. City of Meridian Ramon Yorgason 33 East Idaho ~ 2304 N. Cole Rd.. Suite "A" Meridian, ID 83642 Boise. Idaho 83704 19. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 20. All covenants and conditions set forth herein shall be appurtenant to and run with the land and shall be binding upon DEVELOPER's heirs, successors or assigns. 21. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 22. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the CITY of Meridian. WATERBURY PARK SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 6 DATED the date, month and year first appearing. By. CITY OF MERIDIAN By Grant P. Kingsford, Mayor By William G. Berg, Jr., City Clerk WATERBURY PARK SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 7 STATE OF IDAHO ) County of Ada ss. /"1 On this 15th day of September, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared) • Ramon Yor~ason ,known, or proved to me, to be the President 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 yeaz in this certificate first above written. (ST~~-) STATE OF IDAHO ) County of Ada ss. ~~ ~ Notary Public for Idaho Residing at: Boise, Idaho _ My Commission Expires: ~ 8- 2 7- 9 9 On this day of , 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared GRANT P. KINGSFORD and WILLIAM G. BERG, 7R., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and yeaz in this certificate first above written. Notary Public for Idaho Residing at: _ (S •A~) My Commission Expires: WATERBURY PARK SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 8 .r,- 9~ RUBBLE ENGINEERING,INC. \ ti 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 2081378-0323 Project No. 94034 May 13, 1994 Revised August 26, 1994 EXHIBIT "A" DESCRIPTION FOR PROPOSED WATERBURY PARK SUBDIVISION NO. 5, PORTIONS OF THE E1/2 SE1/4 NW1/4 AND W1/2 SW1/4 NE1/4, SECTION 1, T.3N., R.1W., B.M., ADA COUNTY, IDAHO A parcel of land lying in a portions of the E1/2 of the SE1/4 of the NW1/4 and W1/2 of the SW1/4 of the NE1/4 of Section 1, T.3N.; R.1W., B.M., Ada County, Idaho and more particularly described as follows; Commencing at the one-quarter corner common to Section 2 and the said Section 1; thence South 89°27'28" East 2655.29 feet along the Southerly boundary of the said NW1/4 of Section 1 to a point marking the Southeast corner of the said NW114 of Section 1, also said point being the REAL POINT OF BEGINNING; thence North 89°27'28" West 663.82 feet along the said Southerly boundary of the NW1/4 of Section 1 to a point marking the Southwest comer of the said E1/2 of the SE1/4 of the NW1/4 of Section 1; thence North 0°05'40" East 862.19 feet along the Westerly boundary of the said E1/2 of the SE1/4 of the NW1/4 of Section 1 to a point; thence South 89°20'11" East 664.35 feet to a point on the Easterly boundary of the said NW1/4 of Section 1; thence South 76°16'49" East 70.86 feet to a point; thence South 0°24'09" East 844.72 feet to a point on the Southerly boundary of the said NE1/4 of Section 1; Prop. Waterbury Park Subd. No. 5 Page 1 of 2 )) , ~ ~ •• Project No. 94034 .May • 13, 1994 Revised August 26, 1994 thence North 89°27'21"West 76.71 feet along the said Southerly boundary of the NE1/4 of Section 1 to the point of beginning, comprising 14.56 acres (634,116 square feet), more or less. Prepared by: NUBBLE ENGINEERING, INC. 4431 ~, S-~~' o d~9rE of ~~PG~ \~RAY P~ BDS/DTP/mf/519A.des D. Terry Peugh, P.L.S. Prop. Waterbury Park Subd. No. 5 Page 2 of 2 ~ ~..~ EX~IIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BET'VVEEN THE CITY OF MERIDIAN, IDAHO AND CAPITAL DEVELOPMENT, INC. This subdivision is for 46 single-family dwelling units with an overall density of 3.16 dwelling units per acre. The DEVELOPER shall: 1. Extend and construct water and sewer line extensions to -serve the property and connect to Meridian water and sewer lines. 2. Construct streets to and within the property. ~ ~wt~ra ~ ~~ i- .-~*~ 3. Pay any development fee or transfer fee adopted by the CITY. 4. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the CITY. 5. All common areas within the subdivision shall be maintained by the Waterbury Park Subdivision Homeowners Association. 6. Provide pressurized irrigation to all lots within this subdivision. 7. Provide a gravel access road above the existing 21 " sewer trunk line parallel to the Creason Lateral. 8. Relocate and pipe the existing users ditch to provide irrigation water to the western boundary. f,~ awry ~ ~~;~-~-~' R- GU~~ ~L~C-- ~ f~ ~ ~ ~--~ n ~~ GRAM L AMEROSS (1!13.1%8) 7~1IIH1 O. FflZGERAID, PA. ~_ WAYNB G. CR009:SfOP4 ]1tr PA WILLIAM ]. SCHWARIZ ]OHN o. FRZGRRAID IL, P.A. Ramon Yorgason 2304 N. Cole Rd. Boise, ID 83704 Dear Mr. Yorgason: August 24, 1994 1'B,SPHONB (298) 998.1161 FACSIMIIB (209) 988.396! ~~~F~~~ C~~' CF ~E~~D1A~? On August 18, 1994, Mr. Crookston received re-submitted DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS for Waterbury Park Subdivision No. 4. This is to inform you that the Covenants are now satisfactory. truly yours, anne Demeter Secretary for WAYNE G. CROORSTON, JR. ~~ ~~ ~~~~g~ ~ AMBROSE, FITZGERALD & CROOKSTON ATTORNEYS AND COUNSELORS AT L1W 1530 WEST STATE - P.O. BOX 427 MERIDIAN, IDAHO 83680 THIS FIRM INCLUDES PROFESSIONAL CORPORATIONS /jld cc: Will Berg City Clerk d C~OO~ WATERBURY PARK SUBDIVISION No. 4 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION, made on the date hereinafter set forth by J. RAMON YORGASON and MARIL,YN YORGASON, herinafter referred to as "Declarant." WITNESSETH: WHEREAS, Declarant is the owner of certain property in the City of Meridian, County of Ada, State of Idaho, which is more particulazly described as: Lots 23 through 35, inclusive, Block 1, and Lots 33 through 47, inclusive, Block 4, and Lots 9 through 18, inclusive, Block 7 of Waterbury Pazk Subdivision No. 4, located in a portion of the N 1/2 of Section 1, T. 3N., R. 1W., Boise Meridian, Meridian City, Ada County, Idaho. NOW, THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title, or interest in the described properties or any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to WATERBURY PARK NEIGHBORHOOD ASSOCIATION, INC., its successors and assigns. Section 1.1 Incorporation bx Reference. Any and all provisions contained in the Articles of Incorporation and Bylaws of Waterbury Park Neighborhood Association, Inc., as amended from time to time are incorporated herein and made a part hereof. To the extent any provision of the Covenants, Conditions and Restrictions for Waterbury Pazk Subdivision conflicts, modifies or amends any provisions of the above referenced Articles of Incorporation or Bylaws incorporated herein, the provisions of this instrument shall control. Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. c ' n "Properties" shall mean and refer to that certain real property hereinbefore WATERBURY PARK SUBDMSION No. 4 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 1 /"~ /'~. described and such additions thereto as may hereafter be brought within the jurisdiction of the Association. ction 4. "Common Area" shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the Owners. ection 5. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of any Common Area, if there is any. rion 6. "Declarant" shall mean and refer to J. RAMON YORGASON and MARILYN YORGASON, husband and wife, their successors and assigns if such successors or assigns should acquire more than one undeveloped Lot from the Declarant for their purpose of development. e lion 7. "Phase" -Each parcel of land subdivided using the same name will be identified by a consecutive number beginning with No. 1 and will be known as a "Phase." ARTICLE II GENERAL COVENANTS, CONDITIONS, AND RESTRICTIONS ection 1 • "Approval of Plans" - No building, fence, wall, structure, improvement, or obstruction shall be placed or permitted to remain upon any part of said properties unless a written- request for approval thereof containing the plans and specifications, including exterior color scheme, has been approved in writing by the Architectural Committee. The approval of the Committee shall not be unreasonably withheld if the said plans and specifications are for improvements which are similar in general design and quality to and generally in harmony with the dwellings then located on said properties. Section 2. "Floor Area" -The floor area of a one-story house in this Subdivision shall not be Q k less than 1101 square feet on the ground floor or more as specified on the plat. For the purpose of the Covenants, eaves, steps, and open porches shall not be considered as part of a building, provided, however, that this shall not be construed to permit any portion of a building on a Lot to encroach upon another Lot. Two-story and tri-level homes shall have not less than 1400 square feet, exclusive of covered porches, entrances, or patios. No split entry homes, or moving of pre-built homes into the Subdivision, will be allowed. No residence shall be in excess of two stories above ground. tion 3. "Garages" -All area requirements shall be exclusive of the garage area and shall bed well-constructed of good quality material and workmanship. All houses shall have an enclosed garage ~~ which holds no less than two cars and no more than three. ~' Section 4. "Value" -The value of any residence shall exceed $90,000.00 based on July 1994 fi`'`'t values. Section 5. "Exterior Appearance - Each house in this Subdivision shall include brick,~.7 stone, or stucco on the front exposure. As a minimum, brick, stone, or stucco shall be used a.s full ~ wainscot on the front of the house and garage or on full-height columns on the sides of the garage. ~,,, ~ Builders are encouraged to use decorative windows with rounded tops, bay windows, or pop-out ~ windows if they are incorporated into the roof line. Broken roof lines, gables, hip roofs, etc., are strongly encouraged. Roofs must be of at least 4 in 12 pitch. No gravel roofs will be allowed. All Lots shall be provided with a driveway and a minimum of two off-street automobile parking spaces within the boundaries of each Lot. WATERBURY PARK SUBDIVISION No. 4 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 2 /'1 n All plans must have the approval of the Architectural Committee before start of construction. e n "Colors" -Exterior colors of earth tones or light blues or greys shall be encouraged for the body of the house. Bright or bold colors or very dark body colors shall be discouraged. Dark roof colors are encouraged. Approval of exterior colors, including roof, must be obtained from the Architectural Committee. ection 7. "Light Pole" - Each home is required to have aphoto-sensitive pole light _ 1 installed in the front yard within ten (10) feet of the property line, designed to switch on automatically at (~ sunset and off at sunrise with a minimum bulb power of 60 watts. Completion is the specific responsibility of the Builder. Wiring must comply with the City's electrical code (See City Ordinances). S coon "Landscaping" -Landscaping of front yard must be completed within thirty (30) days of substantial completion of home and is to include sod in the front yard, one flowering tree of at least 1.5" caliper or pine tree of at least six (6) feet in height, five (5) five gallon plants, and five (5) two gallon shrubs. Berms and sculptured planting areas are encouraged. In the event of undue hardship due to weather conditions, this provision may be extended for a reasonable length of time upon written approval of the Architectural Committee. Grass shall be planted in the back yard within one year of occupancy. Rock or gravel may not be used as landscaping to provide parking adjacent to driveways. Section 9. "Fences" - Fences are not required. If a fence is desired, plans for it shall be approved by the Architectural Committee prior to construction. Fences shall be of good quality and workmanship and shall be properly finished and maintained. Fences may be built of wood, such as 6-foot dog-eared cedar. Chain link fences are not allowed except along common areas and/or ditches. Any fence that is built along a lot line which is the boundary between a lot and a Common Area must be made of asee-through material such as chain link or wrought iron and not exceed five (5) feet in height. Homes adjacent to walkways between lots which lead to Common Areas may use either five (5) or six (6) foot chain link or wrought iron along the walkway. If the homeowner whose lot is adjacent to a Common Area desires additional privacy, shrubbery may be planted on the inside of the chain link or wrought iron fence. Fences shall not be built closer to the front of the lot than five (5) feet behind the front corner of the house on either side. Fences shall not extend closer than twenty (20) feet to the front street right of Q~C way. On corner lots, fences shall not be built closer than twenty (20) feet to any side street right of way without the express approval of the Architectural Committee. No fences shall be higher than six (6) feet. Fences must comply with City Ordinances. The location of fences, hedges, high plantings, obstructions, or barriers shall be so situated as not to unreasonably interfere with the enjoyment and use of neighboring properties and streets and shall not be allowed to constitute an undesirable, nuisance, or noxious use. The determinination of the Architectural Committee shall be binding on all parties a.s to whether an undesirable, nuisance, or noxious use exists. See "Vehicle Storage" (Section 10) as it pertains to fencing and the amount of setback required if the vehicle height extends above the fence. lion 1 "Vehicle Storage" -Parking of boats, trailers, motorcycles, trucks, truck- campers, and like equipment, or junk cars or other unsightly vehicles, and like items, shall not be allowed on any part of said properties nor on public ways adjacent thereto excepting only within the confines of an enclosed garage or other approved enclosure, and no portion of same may project beyond the enclosed area. Parking of automobiles or other vehicles on any part of the properties or on public ways adjacent WATERBURY PARK SUBDMSION No. 4 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 3 i"~ /'\ thereto shall be prohibited except within garages, carports, or other approved areas. Garage driveways shall not be extended on either side for additional parking without first securing Architectural Committee approval. For the purpose of this Section, an approved area may be beside the house but not on a street side and consist of a six (6) foot solid board fenced enclosure. If the height of the stored item is greater than the height of the front fence, the item must be stored two feet farther from the front fence for each part of a foot the item extends above the fence, and the item must be stored two (2) feet away from any side yard fence for each part of a foot it extends above said fence, but in no case will the item be allowed to be stored if its height is greater than nine (9) feet or length greater than twenty-five (25) feet. The Architectural Committee shall be the sole and exclusive judges of approved parking areas. Section 11. "Animals" -Keeping or raising of farm animals or poultry is prohibited. All dogs and cats or household pets kept on these premises shall be fed and cared for and shall be adequately fenced so as not to annoy or trespass upon the use of the property of others. Dogs shall not be allowed to run at large. No more than two (2) animals may be kept at one time, except that a litter of young may be kept until eight (8) weeks old. Section 12. "Antennae and Satellite Dishes" - Installation of radio and/or television antennae or satellite dishes is prohibited outside of a building without written consent from the Architectural Committee which would require them to be screened from the street view. tion 13. "Setbacks" - No building shall be located on any Lot nearer than twenty (20) feet from the front line and fifteen (15) feet from the rear line nor nearer than five (5) feet per story to any side line. Section 14. "Additional easements" - In addition to the easements shown on the recorded plat, an easement is further reserved five (5) feet on each side of all other lot lines for installation and maintenance of utilities, irrigation, and drainage. Within these easements no structure, planting, or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of the utilities or which may change the direction of the flow of the water through drainage channels in the easements. The easement area of each Lot and all improvements in it shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public authority or utility is responsible. Section 15. "Construction Time" -Construction of any residences in the Subdivision shall be diligently pursued after commencement thereof, to be completed within twelve (12) months. ecti n 16. No building shall be moved onto the premises. tion 17. "Type of Residence" - No shack, tent, trailer house, or basement only house, shall be used within the Subdivision for living quarters, permanent or temporary. Section 18. "Outbuildings" -Only one outbuilding per Lot will be allowed. All outbuildings shall be constructed of quality building material, completely fuushed and painted on the outside, and shall be of quality and character that will be in harmony with the other buildings on said properties. All outbuildings must be approved by the Architectural Committee. tion 1 "Offensive Items" - Nothing of an offensive, dangerous, odorous, or noisy endeavor shall be conducted or carried on, nor shall anything be done or permitted in said Subdivision which may be or become an annoyance or nuisance to the other property owners in said Subdivision. Weeds shall be cut to less than four (4) inches. tion 20. "Conducting Business on Properties" - No business shall be conducted on WATERBURY PARK SUBDIVISION No.4 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 4 /'~ ~ the above properties that cannot be conducted within the residence of the Owner. Any business conducted within residences in this Subdivision must comply with City Ordinances and require a conditional use permit. No signs shall be installed to advertise said business. No oil exploration or development of any nature or kind or mining exploration, development or structure shall be permitted upon the Lots in this Subdivision. Section 21. "Irrigation Water" -This Subdivision has pressurized irrigation water provided to each lot for irrigating outside landscaped areas. The pressurized irrigation water supply serving the Subdivision is not potable, or drinkable, and does not meet safe drinking water standards established, from time to time, by the federal, state, and/or local governments. Before any Homeowner or Builder may connect to the pressurized irrigation water system for any Lot, they must contact the Waterbury Neighborhood Association or Capital Development's office. Section 22. "Sewer Locations" - All bathroom, sink, and toilet facilities shall be located inside the dwelling house or other suitable appurtenant building and shall be connected by underground pipe to wet line sewer connection lines which have been provided to each Lot. Section 23. "Signs" - No sign of any kind shall be displayed to public view on any building or building site on said properties except a professional sign of not more than five (5) square feet advertising the property for sale or rent by an owner to advertise the property. If a property is sold or rented, any ~~ ~~ sign relating thereto shall be removed immediately, except that a Sold sign may be posted for a reasonable period following the sate. Notwithstanding any provision to the contrary, signs of any and all sizes and dimension may be displayed by the Declarant, without limitation thereto, on Lots owned by said Declarant. The Declarant, or the Neighborhood Association, may display a sign of any size and G dimension, without limitation thereto, for subdivision identification. Section 24. "Waste Disposal" - No Lot or building site included within this Subdivision shall be used or maintained as a dumping ground for waste material. Incinerators are not permitted. Receptacles for storage of trash, garbage, etc., shall be maintained in a sanitary and clean condition. Section 25. "Construction Equipment" - No machinery, building equipment, or material shall be stored upon site until the Builder is ready and able to immediately commence construction. Such building materials must be kept within the property line of such building site upon which the structure is to be erected. cti n 2 . "Damage to Improvements" - It shall be the responsibility of the Builder of any residence in this Subdivision to leave street, curbs, sidewalks, fences, tiled irrigation lines, if any, and utility facilities free of damage and in good and sound condition at the conclusion of the construction period. It shall be conclusively presumed that all such improvements are in good sound condition at the time building is begun on each Lot unless the contrary is shown in writing at the date of conveyance or by date of possession, whichever date shall first occur, which notice is addressed to a member of the Architectural Committee. tion 2 . The "Architectural Committee's" decision is final and binding on all issues. Section 2g "Common Area" -The Common Area to be owned by the Association at the time of the conveyance of the first Lot is described as follows: Lot 22 Block 1, Lot 1 Block 2, Lot 23 Block 2,Lot 1 Block 3, Lot 2 Block 4, Lot 1 Block 5, and Lot 1 Block 6, of Waterbury Park Subdivision No. 1, and Lot 21 Block 4 and Lot 32 Block 4, of Waterbury Park Subdivision No. 2, Lot 25 Block 1 of Waterbury Park Subdivision No. 3, and Lot 30 Block 1, Lot 35 Block 4, and Lot 18 Block 7 of Waterbury Park Subdivision WATERBURY PARK SUBDMSION No. 4 DECLARATION OF COVENANTS, CONDTITONS AND RESTRICTIONS, Page 5 No. 4, Meridian City, Ada County, Idaho. section 29. "Annexation" - It is intended that additional phases of Waterbury Pazk Subdivision may be annexed or included within the jurisdiction of this Declaration by Declarant without approval of the Lot Owners. Common Areas included in annexed phases aze for common use of Lot Owners in all phases of the Subdivision and will be maintained by the Waterbury Pazk Neighborhood Association, Inc. Section 30. "City and County Ordinances" -Should these Covenants, Conditions and Restrictions be more restrictive than City and County Ordinances, these CC&R's shall control. In the event that the City or County Ordinances should be more restrictive than these CC&R's, the City or County Ordinances shall control. ARTICLE III ARCHITECTURAL CONTROL "Architectural Committee" - A committee of three persons shall act as an Architectural Committee and shall, prior to any new construction in said Subdivision, be furnished with orie set ~of detailed plans and specifications of any proposed building to be located in said Subdivision and shall be allowed fifteen (15) days to review said plans, drawings, and specifications. If said Committee shall approve the proposed building, or any modification or alteration thereof, they shall so indicate by the dating and signing of the set of plans by a member of the Committee, and their approval shall be construed as full compliance with the provisions of these Covenants. Said Committee shall have sole discretion to determine what shall be substantial compliance with said Covenants. No building shall occupy any portion of said Subdivision without prior consent of said Committee. The initial Committee shall consist of the following: J. Ramon Yorgason 2304 N. Cole, Suite A, Boise, ID 83704 377-3939 Marilyn Yorgason 2304 N. Cole, Suite A, Boise, ID 83704 377-3939 DeVona D. Luke 2304 N. Cole, Suite A, Boise, ID 83704 377-3939 A majority of said Committee is empowered to act for the Committee. In the event any member of the Committee is unable to act or fails or desires not to act, the remaining Committee members shall appoint an Owner of a Lot in said Subdivision to serve on said Committee, all of whom serve without compensation. Upon the sale of the last Lot of the last Phase in said Subdivision, the work of the initial Committee shall be deemed completed, and said Committee members shall then be automatically released from all responsibilities thereto. If there is a Neighborhood Association, notwithstanding any other provision to the contrary in the Covenants, Conditions and Restrictions for this Subdivision, after the Declarant has sold all the Lots in the properties, and not before, the then seated Directors of the Neighborhood Association shall automatically become the Architectural Committee. Amending this instrument shall not affect this provision. WATERBURY PARK SUBDMSION No. 4 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 6 r1 ~ In the event there is not a Neighborhood Association for the Subdivision, it is the responsibility of the Home Owners to select among themselves an Architectural Control Committee. ARTICLE IV GENERAL PROVISIONS ec ' n 1. "Enforcement" -Enforcement against any person or persons violating or attempting to violate any covenant herein after ten (10) days notice thereof in writing served on the offending party shall be had by any property owners either at law or equity. In the event of judgement against any person for such, the Court may award injunction against any person for such violation, require such compliance as the Court deems necessary, award such damages, reasonable counsel fees, and Court costs as may be suffered or incurred, and such other or further relief as may be deemed just and equitable. Any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration. Failure by any Owner to enforce any covenantor restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. . ction 2. "Severability" -Invalidation of any one of these covenants or restrictions by judgment or Court order shall in no wise affect any other provisions which shall remain in full force and effect. i n 3. "Amendment" -This Declaration may be amended during the first thirty (30) year period by an instrument signed by not less than sixty-seven percent (67%) of the Lot Owners. Any amendment must be recorded. ec 'on 4. "Time Extension for Covenants" -The Covenants set forth in this instrument shall run with the land and shall be binding on all persons owning a Lot(s) under them for a period of thirty (30) y g after which time such Covenants shall be ears from the date of this recordin thereof, automatically extended for successive periods of ten (10) years, unless at any time after the initial recording of this instrument an instrument signed by sixty-seven percent (67%) of the Lot Owners of this Subdivision has been recorded agreeing to terminate said Covenants, in whole or in part. ARTICLE VI PROPERTY RIGHTS Section 1. "Owner's Easement of Enjoyment" - Every Owner shall have the right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) the right of the Association to charge assessments for the maintenance of the Common Area; WATERBURY PARK SUBDMSION No. 4 DECLARATION OF COVENANTS, CONDTITONS AND RESTRICTIONS, Page 7 /'~ (b) the right of the Association to suspend the voting rights and right to use of the Common Area by an Owner for any period during which any assessment against his Lot remains unpaid, and for a period not to exceed sixty (60) days for any infraction of its public rules and regulations; (c) the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by two-thirds (2/3) of each class of members has been recorded. Section 2. "Delegation of Use" - Any Owner may delegate, in accordance with the Bylaws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the properties. ARTICLE VII MEMBERSHIP AND VOTING RIGHTS tion 1. "Membership" - Every Owner of a Lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. Every person or entity who is a record owner (including contract sellers) of a fee or undivided fee interest in any lot located within said property shall, by virtue of such ownership, be a member of the Association. When more than one person holds such interest in any occupied Lot, all such persons shall be members. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. The Association shall maintain a member list and may require written proof of any member's lot ownership interest. The financial reports, books, and records of the Association may be examined, at a reasonable time, by any member of record. ction 2. "Voting Rights" - Each member shall be entitled to cast one vote or fractional vote as set forth herein for each Lot in which he holds the interest required for membership. Only one vote shall be cast with respect to each Lot. The vote applicable to any Lot being sold under a contract of sale shall be exercised by the contract vendor unless the contract expressly provided otherwise and the Association has been notified, in writing, of such provision. Voting by proxy shall be permitted c ions. "Officers and Directors" - At an annual meeting called persuant to notice as herein provided for the establishment of annual assessments, a Board of Directors of the Association shall be elected by ballot of those attending said meeting or voting by proxy. There shall be three Directors elected to serve for a period of one year. Section 4. "Common Area Matters" - The Association shall have the right to dedicate or transfer all or any part of the Common Areas to any public agency authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such condition or transfer shall be effective unless authorized by members entitled to cast two-thirds (2/3) of the majority of the votes at a special or general member's meeting and an instrument signed by the Chairman and Secretary has been recorded in the appropriate county deed records, agreeing to such dedication or transfer, and unless written WATERBURY PARK SUBDIVISION No. 4 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 8 ~ ~, notice of proposed action is sent to every member not less than ten (10) days nor more than fifty (50) days prior to such dedication or transfer; and the Association shall have the right to suspend any voting rights for any period during which any assessment against said member's property remains unpaid; and for a period not exceeding sixty (60) days for each infraction of its published rules and regulations. ARTICLE VIII COVENANT FOR MAINTENANCE ASSESSMENTS c 'on 1. "Creation of the Lien and Personal Obligation of Assessments" - The Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) an initial assessment of sixty dollars ($60.00) for each Lot payable at closing, and (2) annual assessments or charges, and (3) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorney's fees, shall be a charge on the-land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs, and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. However, the personal obligation for delinquent assessments shall pass to his successors in title. ection 2. "Purpose of Assessments" - The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in the Properties and for the improvemen' and maintenance of the Common Area. ection Maximum Annual Assessment" - Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be sixty and No/100 dollars ($60.00) per Lot. (a) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased each year not more than 5% above the maximum assessment for the previous year without a vote of-the membership. (b) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased above 5% by a vote of two-thirds (2/3) of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. (c) The Board of Directors may fix the annual assessment at an amount not in excess of the maximum ec 'on 4. "Special Assessments for Capital Improvements" - In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair, or replacement of a capital improvement upon the Cornmon Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. WATERBURY PARK SUBDIVISION No. 4 DECLARATION OF COVENANTS, CONDTITONS AND RESTRICTIONS, Page 9 .ection 5. "Notice and Quorum for Any Action Authorized Under Sections 3 and 4" - Written notice of any meeting called for the purpose of taking any action authorized under Section 3 and 4 shall be sent to all members not less than 10 days nor more than 50 days in advance of the meeting. At the ~~ first such meeting called, the presence of members or of proxies entitled to cast twenty percent (20%) of all the votes of each class of membership shall constitute a quorum. Section 6. "Uniform Rate of Assessment" - Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly, quarterly, or annual basis at the discretion of the board. cti n 7. "Date of Commencement of Annual Assessments: Due Dates" - The annual assessments provided for herein shall commence as to all Lots on the fast day of the month following the ~ conveyance of the Common Area to the Neighborhood Association. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate by an officer of the Association setting forth whether the assessments on the specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. ection g. "Effect of Nonpayment of Assessments: Remedies of the Association" - Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of 18% per annum. The Association, or any Owner, may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot. Section 9. "Subordination of the Lien to Mortgages" - The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. ection 10. "Property Exempt from Assessments" - The following property subject to this declaration shall be exempt from the assessments created herein: (a) all properties expressly dedicated to and accepted by a local public authority; (b) any local properties owned by the Association. ection 11. "Association Duties" -The Association is authorized, but not limited, to performance of the following: prepare an annual budget which shall indicate anticipated management, operating, maintenance, repair, and other common expenses for the Association's next fiscal year and which shall be sufficient to pay all estimated expenses and outlays of the Association for the next calendar year growing out of or in connection with the maintenance and operation of Common Areas and improvements and may include, among other things, the cost of maintenance, management, special assessments, fire, casualty, and WATERBURY PARK SUBDMSION No. 4 DECLARATION OF COVENANTS, CONDTITONS AND RESTRICTIONS, Page 10 /'\ public liability insurance, common lighting, landscaping, and care of grounds, repairs, renovations, and paintings to Common Areas, snow removal, wages, water chazges, legal and accounting fees, management, fees, expenses and liabilities incurred by the Association from a previous period, and the creation of any reasonable contingency or other reserve fund, as well as all costs and expenses relating to the common area and improvements. The Association shall be responsible for the repairs, upkeep and maintenance, normal servicing, gardening, rules and regulations for use, care, and safety, annual planting of flowers (if any), payment of bills, and related expenses for any Common Area. WATIItBURY PARK SUBDMSION No. 4 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 11 ~ r IN WITNESS WHEREOF, the undersigned, being the Declarant herein, have executed this August , 19 M ~,, Y SON STATE OF IDAHO } } ss. County of Ada } On this 18th day of August , 19 94 ,before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared J. RAMON YORGASON and MARILYN YORGASON, known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they execu(,~d+1h~~~a~m~,,,,~ ~~`" q, ~1,R hJ "'"'a,, Notary Public for the State of Idaho Residing at Boise, Idaho My Commission Expires 08-27- ~ ~~ .~ ~ I f O D G ~ }~, '~! ~ v O ~ O ~' ~~O~T ~~e~~e~w P~i"°o ~: ~'"O F lt? eve ~s~~~ie~~~~u~~0~' WATERBURY PARK SUBDIVISION No. 4 DECLARATION OF COVENANTS. tANDTTIONS AND RESTRICTIONS, Page 12 t ~"~ n MERIDIAN CITY COUNCIL MEETING: Au ust 16 1994 APPLICANT: RAMON YORGASON AGENDA ITEM NUMBER: 21 REQUEST: U LIC FARING: RE UEST FOR ANNEXATION AND ZONING WITH A PRELIMINARY P T FOR WATERBURY PA K 0.5 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT ANDCONCLUSIONS OF LAW "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS -SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OFFICIALS WILLIAM G. BERG, JR., Cily Cierk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief W AYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSY;ORD Mayor MEMORANDUM: To; Mayor, City Council, Planning & Zoning From; Bruce Freckleton, Assistant to City Engineer Re; WATERBURY PARK NO. 5 SUBDIVISION (Annexation/Zoning w/Preliminary Plat) COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman -Planning & Zoning June 17, 1994 I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the applicant during the hearing process: 1. There seems to be some discrepancies between the legal description submitted for this annexation and the Waterbury Park annexation (Ord. #574, 03/03/94). These two parcels need to have a common contiguous boundary line. 2. Please indicate the address, and phone number of the subdivision developer on the preliminary plat map. 3. Please define the subdivision phase lines, unless you intend on developing the whole area as detailed on the preliminary plat map. 4. Please indicate proposed fire hydrant and street light locations on the preliminary plat map. 5. Locate and reference existing wells within the preliminary plat boundaries. 6. You will be required to the the existing ditch(s) on site per City Ordinance. 7. Contour lines need to be referenced to an established Bench Mark. 8. Submit a master street drainage plan, including method of disposal & approval from the affected irrigation drainage district. 9. Please develop and submit estimates of traffic impact on existing adjacent roadways & intersections. 10. Determine the seasonal high ground water elevation, and profile the sub-surface soil conditions. n 11. Sewer service to this development will need be by tapping into the existing South Slough Interceptor, which passes across the northerly portion of this parcel. 12. Water service to this property will need to be extended. from existing mains in Waterbury Park No. 3. 13. Water main sizing in this development is subject to change upon completion of the water system modelling. 14. Please indicate Flood Plain Boundaries and any plans to reduce said boundaries. It appears that the majority of this development would be within Flood Plain, and a portion may even be in a Flood Way. C:\WPWIN60\DUMPSTER\WATRBRYS. P&Z OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM TO: FROM: DATE: SUBJECT: HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSF'ORD Mayor Plannin & Zoning Commi ion, Mayor and Council Shan es~anning & oning Administrator June 23, 1994 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman -Planning & Zoning 3:,,~ -, ~ .,,. ..~~ is Annexation and Zoning of R-4 with a Preliminary Plat for Waterbury Park Subdivision No. 5 Request for annexation and zoning of R-4 complies with the Meridian Comprehensive Plan. The following items of concern are noted: 1. Submit proposed restrictive covenants. 2. Include note for minimum house size of 1,400 square feet on final plat. 3. Add note that clearly labels the Five Mile Drain easement with the notation "United States Five Mile Drain Easement as requested by the Bureau of Reclamation. Also add note that no fences or other structures or trees may be placed within this easement. Show this easement clearly on the plat. All lots must meet a minimum of 5,000 square feet exclusive of this easement. Five Mile Creek is designated as a pathway on Meridian's Comprehensive Plan. I believe 1 ~sopa-Meridian ~ gVaa~Di ~ cue south should be the north side of this section. p~ provided (in lieu of stub street) to allow access to Five Mile Creek. 4. All other ditches must be piped in accordance with City of Meridian Ordinance. Nampa- Meridian Irrigation District must approve of final development plans. Provide evidence of this prior to submittal of final plat. 5. Submit Ada County Street Name Committee approval letter. 6. Show subdivider address and telephone number on plat. 7. Development agreement is required. With above conditions and comments addressed, and conf larniance with staff and agency comments, I would recommend approval of this preliminary p /`\ ~ ~ _ ~, BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION RAMON YORGASON ANNEXATION AND ZONING E 1 2 SE 1 4 NW 1 4 Section 1 T. 3N. R 1W B M Ada County WATERBURY PARK SUBDIVISION # 5 MERIDIAN. IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on June 23, 1994, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing through his engineer, Brian D. Smith, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for. June 23, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 23, 1994, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That the property included in the application for Page -1 FINDINGS OF FACT & CONCLUSIONS OF LAW annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately thirteen acres in size; the property is south of Ustick Road and East of Linder Road: 3. That the property is presently zoned by Ada County as (RT) Rural Transition and the proposed use would be for R-4 Residential type development; that the Applicant states in his subdivision application that the subdivision lot size would be a minimum or 8,000 square feet; that there would be 46 lots in the proposed subdivision; that the Applicant in its subdivision application states that the minimum square footage of homes would be per the Ordinance; that there would be 3.1.6 lots per acre. 4. The general area surrounding the property is used agriculturally and residentially. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant is not the owner of record of the property but the owner of record Erlan J. Venable, has requested that the land be annexed and zoned. '7. That the property .included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 8. That the entire parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. That the Application requests that the parcel be annexed and zoned R-4 Residential; that the present land use of the Page -2 FINDINGS OF FACT & CONCLUSIONS OF LAW ~ ~, property is for agriculture pasture and two houses; that the intended development of the property is for an R-4 single family subdivision which is consistent with the property to the east and south. 10. The Applicant's representative stated in the letter accompanying the preliminary plat application, which was submitted simultaneously with the annexation application, that there would be 2.04 acres of common area which is proposed to be maintained by the homeowner's association and that the subdivision was designed to maintain a corridor for the existing 21 inch sewer trunk line paralleling the Creason Lateral. 11. That comments were received from various Meridian City Departments, from other governmental agencies, and other interested parties and they are incorporated herein as if set forth in full. 12. The Meridian Planning Director, Shari Stiles submitted comments which related mostly to the preliminary plat; in other annexation applications she has commented that a development agreement is required as a condition of annexation; such comment is equally applicable to this annexation application. 13. That two people testified on this Application; Joe Siminich commented that he owned the property to the west, that he had concerns over storm drainage, that there were no plans shown for the irrigation ditch, and that for irrigation he was on a rotation system and he wanted that recognized and protected; John Sanford testified but most of his comments related to Lounsbury Subdivision. FINDINGS OF FACT & CONCLUSIONS OF LAW Page -3 ~, ~ 14. That the property is shown on the Meridian Comprehensive Plan as being in a Single Family Residential area. 15. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Areas, Section 6.3; it does state that land in agricultural activity should so remain in agricultural activity until urban services can be provided. 16. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots. 17. That the property can be physically serviced with City water and sewer. 18. That the R-4 Residential District is described in the Zoning Ordinance, 11-2-408 B. 3. as follows: "R-4) Low Density Residential District: Only Single Family Dwellings shall be permitted and no conditional uses shall be permitted except for Planned Residential Development and public schools. The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominately residential development has, or is likely to occur in accord with the Comprehensive Plan of the City,. and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non-residential uses. .The (R-4) District allows for a maximum of four ( 4 ) dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian."; that the R-4 zoning district requires a minimum of 1,400 square feet to be included in houses in that zone; that the Applicant's representative stated in the letter accompanying the application that the subdivision would comply with the Zoning Ordinance. 19. That the Meridian Comprehensive Plan, under Land Use, FINDINGS OF FACT & CONCLUSIONS OF LAW Page -4 ~`` /'~ continue farming in the area. 24. That the City Engineer has previously submitted comment in different applications that a determination of ground water level and subsurface soil conditions should be made; that such a comment is equally applicable to this Application.. 25. That in prior requests for annexation and zoning in this area the previous Zoning Administrator has commented that annexation could be conditioned on a~ development agreement including an impact fee to help acquire a future school or park site to serve the area and that annexations should be subject to impact fees for park, police, and fire services as determined by the city and designated in an approved development agreement; that such comment is equally applicable to this Application. 26. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising .quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School FINDINGS OF FACT & CONCLUSIONS OF LAW Page -6 District which provide school service to current and future residents of the City; that the City knows that the increase in population does not sufficiently increase the tax base to offset the cost of providing fire, police,~emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students. 27. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all residential lots in the City because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 28. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 29. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide,. and shall not be a part of the normal street right of way or utility easement." 30. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" FINDINGS OF FACT & CONCLUSIONS OF LAW Page -7 /'~ 31. That Section 11-9-605 R states as follows: '•The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi- improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 32. That Section 11-9-605 L states as follows: Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Planning, and Zoning Commission shall consider the Bicycle-Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 33. That proper notice was given as required .by law and all procedures before the Planning and Zoning Commission were given and followed. coNCLUSioxs FINDINGS OF FACT & CONCLUSIONS OF LAW Page -8 ~ i'1 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. 3. That the Planning and Zoning Commission has judged this annexation and zoning application under Section 50-222, Idaho Code,. Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and. State. 6. That the land within the annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant, who is not the titled owner, but the titled owner has requested the annexation and the annexation is not upon the FINDINGS OF FACT & CONCLUSIONS OF LAW Page -9 ,~-~ initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City. has authority to place conditions upon the annexation of land. Burt vs~. The City of Idaho Falls , 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, Section 11-9-605 M., which pertains to the tiling of ditches and water ways, and Section 11-9-606 B 14., which pertains to pressurized irrigation; that the Applicant will be required to connect to Meridian water and sewer; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, R, L and prior comments of the previous Planning Director, Wayne Forrey, relating to the lack of adequate recreation facilities and that land set aside for a future park would be desirable, that the City is in need of land set- asides for future public service use, that a school site was not reserved; that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any development fee or transfer fee adopted by the City; FINDINGS OF FACT & CONCLUSIONS OF LAW Page -10 /'1 that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de-annexation and loss of City services, if the requirements of this paragraph are not met. 10. That the Applicant's property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. 11. That the comments and requirements of the Meridian City Departments and the other governmental agencies shall be met and addressed in a development Agreement. 12. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de-annexation; that the Applicant shall be required to install a pressurized irrigation system, and if not so done the property shall be subject to de-annexation. 13. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that a determination of ground water level and subsurface soil conditions shall be made and reported to the City Engineer 14. That as a condition of annexation the house size of 1,400 square feet must be met. 15. That proper and adequate access to the property is available and will have to be maintained. FINDINGS OF FACT & CONCLUSIONS OF LAW Page -11 r-~ 16. That these conditions shall run with the land and bind the applicant and its assigns. 17. With compliance of the conditions contained herein, the annexation and zoning of R-4 Residential would be in the best interest of the City of Meridian. 18. That if these conditions of approval are not met the property shall be subject to de-annexation. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) VOTED " l VOTED VOTED VOTED VOTED DECISION AND RECOI~+IIKENDATION RECOl~II~tENDATION The Planning and Zoning Commission hereby recommends that the property set forth in the application be approved by the City Council for annexation and zoning under the conditions set forth in these Findings of Fact and Conclusions of Law, including that the Applicant enter into a development agreement prior to an annexation and zoning ordinance being passed as that agreement is information that the Council needs to decide whether to pass an annexation and zoning ordinance or deny the application; that if the Applicant is not agreeable with these Findings of Fact and Conclusions and is not agreeable with entering into a development agreement, the property should not a annexed. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT & CONCLUSIONS OF LAW Page -12 OFFICIALS HUB OF TRF,tfSURE VALLEY A Good P)aaee to Live i"'\ COUNCIL MEMBERS WILLIAM G. BERG. JR., City Clerk JANICE L. GASS, City Treasurer CITY OF I~RID RONALD R. TOLSMA MAX YERRINGTON GARY D. SMITH, P.E. City Engineer IAN ROBERT D. CORRIE BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST I®AHO SHARI STILES KENNY W. BOWERS, Fire Chief " " MERIDIAI~T IDAHO 83642 Planner a zcninq Aamin~stratcr BILL W.L. GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney ~ Phone (2O8) 888-0433 • FAX (208) 8876813 JIM JOHNSON Chairman ~ Planning d Zoninc Public Works/Building Department (208) 887-221 I _ GRANT P. KI*IGSFORD Mawr TRANSMITTAL TO AGENCIES FOR CO?~iMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, may we have your answer by: June 1~l, 1994 TRANSMITTAL DATE: 5131/94 HEARING DATE: 6123/94 REQUEST:Annexation/zoninawIth Preliminary plat for Waterbury Subdivision No 5 BY: Ramon Yorgason and Hubble Engineering LOCATION OF PROPERTY OR PROJECT: South of Ustick. East of Linder 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 MERIQIAN SCHOOL DISTRICT MERID3AN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRA4L DISTRICT HEALTH NAMPA 14#ERIDIAN IRRIGATION DISTRICT SETTLE3~S IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. VltEST(PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8 FINAL PLA BUREAU OF R CLAMATION(PRE ~ FIN T) CITY FILES ~`~~ OTHER: YOUR CONCISE REMARKS: CY~'"3' uF "~~~asgt' n OFFICIALS HUB OF TREr~SURE VALLEY A Good ice to Live COUNCIL MEMBERS WILLIAM G. BERG. JR., City Clerk JANICE L. GASS, City Treasurer 1g~~~//;~~~' A 'PVT CITY OF RIDI RONALD R. TOLSMA MAX YERRINGTON ~b T"; ` CORRIE + E'1~~ T D ' GARY D. SMITH, P.E. City Engineer Jl7JiJ l 11 , . , ~ ~ ~~ ihfA MORROW ~~ ~ BRUCE D. STUART, Water Works Supt. . -• JOHN T. SHAWCROFT, Waste Water Supt. 33 EA~Ti ' i~~t d'I© SHARI STILES KENNY W. BOWERS, Fire Chief " " MERIDIAI+q, IDAHO 83642 J ~i N i (~tai~nl~^8:~oning Administrator BILL W.L. GORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (2O8) 888~A33 • FAX (208) 887-4813 r r ": -.'. i Chairman •.Planrnng 8 Zoning ~ ~ ~"' Public Works/Buildirtg~epartment (208) 887-2211 ` ~i',z"~~ ;.! y . } ~ GRANTfl? !C~(GSFORD .Ddaaar TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CTIY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, €nay we have your answer by: June 1~. 1994 TRANSMITTAL DATE: 5/31/94 HEARING DATE: 6!23/94 REQUEST:Annexation/zoning with Preliminary plat for Waterbury Subdivision No 5 BY: Ramon Yorgason and Hubble Engine~xing LOCATION OF PROPERTY OR PROJECT: South of Ustick. East of Linder JIM JOHNSON, P/Z .MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDfAN SCHOOL DISTRICT MERIDI{W POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PlANNING ASSOCIATION CENTROtiL DISTRICT HEALTH NAMPA&IERIDIAN IRRIGATION DISTRICT SETTLE#2S IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM ~ FINAL PLAT} U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) BUREA~J OF RECLAMATION(PRELIM & FINAL PLAT) CITY F~.ES /' ~ ~+ OTHEIg CP - l ~ - `~ YOUR CONCISE: REMARKS: ~~ S W ~ LL n ~~.rz+rz ~-,.~ a 5~~~~ s ~c,.Q.e,4 ~f; ~~~~ ers /'~ /~ /'\ SUPERINTENDENT OF SCHOOLS Bob L. Haley ~~R EXCf~`~ DEPD nMabe,Finan eDB~Administration t yn DIRECTORS ~~~\~~A 1 rn Sheryl Belknap, Elementary ~` Jim Carberry, Secondary Christine Donnell, Personnel Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911MERIDIANSTREET MERIDIAN,IDAH083642 PHONE(208)888-6701 / C7 2 Q ~~ June 2, 1994 . ~~ •,-• City of Meridian 0~ 33 East Idaho J~1~ ~ 5 ~'"'~ Meridian, Idaho 83642 .,.y~-' ~~~~.'; i RE: Waterbury Subdivision No. 5 Dear Councilmen: I have reviewed the application for Waterbury Subdivision No. 5 and find that it includes approximately 49 homes at the median value of $100,000. We also find that this subdivision is located in census tract 103.11 and in the attendance zone for Chief Joseph Elementary, Meridian Middle School and Meridian High School. Due to overcrowding at Chief Joseph Elementary students from this subdivision will be bused to Lake Hazel Elementary. Using the above information we can predict that these homes, when completed, will house 20 elementary aged children, 15 middle school aged children, and 14 senior high aged students. At the present time Chief Joseph Elementary is at 118 of capacity, Meridian Middle School is at 130 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, r ~t ~e'~.1~`~ Dan Ma~ be Deputy Superintendent DM:gr /~ ~~ \ J r~ ~,~~ i I `I GLENN J. RHOGES. President SNEi'<RY R. HUBEi<, Vice President ~P,MES E. BRUCE, Secretary TO: RAMON YORGASON 2304 N. COLE ROAD BOISE ID 83704 FROM: Larry Sale, Sup v's r Developee S ~~9 ~ .~h xi i, ~. iry z:aa, 1 i ~ V hi - June 15, 1994 SUBJECT: WATERBURY PARK SUBDIVISION #5 - PRELIMINARY PLAT On June 15, 1994, the Commissioners of the- Ada County Highway District (hereafter called "District") took action on the Preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are required: Prior to any construction within the existing or proposed public right-of- way, the following shall be submitted and subject to review and approval by the District: a. Three complete sets of detailed street construction drawings prepared by an Idaho Registered Professional Engineer, together with payment of plan review fee. b. Execute an Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. c. Complete all street improvements to the satisfaction of the District, or execute Surety Agreement between the Developer and the District to guarantee the completion of construction of all street improvements. ada county highway district 318 East 37th Boise, Idaho 83714 • Phone (208) 345-7680 ~"~ June 15, 1994 Page 2 /'~ 3. Furnish copy of Final Plat showing street names as approved by the Local Government Agency having such authority together with payment of fee charged for the manufacturing and installation of all street signs, as required. 4. If Public Rights-of-Way Trust Fund deposit is required, make deposit to the District in the form of cash or cashier's check for the amount specified by the District. 5. Furnish easements, agreements, and -all other datum or documents as required by the District. 6. Furnish Final Plat drawings fore District acceptance, certifications, and endorsement. The final plat must contain the signed endorsement of the Owner's and Land Surveyor's certification. 7. Approval of the plat is valid for one year. An extension of one year will be considered by the Commission if requested within 15-days prior to the expiration date. Please contact me at 345-7680, should you have any questions. LS cc: Development Services Chron HUBBLE ENGINEERING, INC. MERIDIAN CITY HALL PRELIMINARY PLAT WATERBURY PARK SUBDIVISI No. 5 June 9, 1994 Page 2 No.4. Woodbury Drive is fully improved with a 36-foot back- to-rack street section and 4-foot sidewalk. Woodbury Drive has 50-feet of right-of-way. 5. Venable Lane (a private road) dead ends to the north of Waterbury Park No. 5, across Creason Lateral. 6. A future collector status street to the north will be to the west of this parcel, therefore no stub street to the north is necessary in this phase. 7. There is an existing dwelling on this parcel. 8. This application is scheduled for public hearing by the Meridi- an Planning & Zoning Commission on June 23, 1994. SITE SPECIFIC REQUIREMENTS: 1. Construct the extension of Woodbury Drive from the east parcel boundary to the west parcel boundary as shown on the prelimi- nary plat. STANDARD REQUIREMENTS: 1. Street and drainage improvements required in the public right- of-way shall be designed and constructed in conformance with District standards and policies. 2. Dedicated streets and drainage systems shall be designed and constructed in conformance with District standards and poli- cies. 3. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 4. Provide written approval from the appropriate irriga- tion/drainage district authorizing storm runoff into their system. 5. Locate obstructions (utility facilities, irrigation and drain- age appurtenances, etc.) outside of the proposed street im- provements. Authorization for relocations shall be obtained from the appropriate entity. 6. Continue existing irrigation and drainage systems across par- cel. ~' ~- ~~~ r~ ~~ _~ ~ ~~ i ~~ENN ! NGGES. Fres~aent 57ERRY R. -+UBER, Vice Presiaenr TAMES E. BRUCE, Secretary TO: ACHD Commission /'~ INTER-DEPARTMENT CORRESPONDENCE WTRBURYS/DSTECH 6-15-94 DATE: June 9, 1994 FROM: Development Services SUBJECT: PRELIMINARY PLAT - WATERBURY PARK SUBDIVISION No. 5 (Developer - Ramon Yorgason, 2304 N. Cole Rd., Boise, ID 83704) (Engineer/Surveyor - Hubble Engineering, Inc., 9550 Bethel Ct., Boise, ID 83709) FACTS & FINDINGS: 1. Waterbury Park No. 5 is a 14.6-acre, 46-lot single family residential phase of a large subdivision located west of Waterbury Park No. 4, west of Meridian Road and south of Ustick. There are 2300-feet of new public streets planned. This application includes an annexation by Meridian and the subsequent rezone from RT to R-4. 2. GENERAL INFORMATION: LEAD AGENCY - Meridian ACRES - 14.6 FEET OF NEW PUBLIC STREETS - 2300 LOTS - 46 EXISTING ZONING - RT PROPOSED ZONING - R-4 ESTIMATED VEHICLE TRIPS PER DAY - 460 TRAFFIC ANALYSIS ZONE - 263 IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities 3. Waterbury Park No. 5 is located to the north (across the Five Mile Drain) of a Boise State University Vo-Tech facility. Therefore a stub street to the south is not necessary. 4. Waterbury Park No. 5 is proposing an extension to the west (including a stub to the west parcel boundary) of Woodbury Drive from the west boundary of the adjacent Waterbury Park ada county highway district 318 East 37th Boise, Idaho 83714 • Phone 1.208) 345-7680 PRELIMINARY PLAT WATERBURY PARK SUBDIVISIL_. No. 5 June 9, 1994 Page 3 7. Submit three sets of street construction plans to the District for review and appropriate action. 8. Submit site drainage plans and calculations for review and appropriate action by ACHD. The proposed drainage system shall conform to the requirements of and shall retain all storm water on-site. Public street drainage facilities shall be located in the public right-of-way or in a drainage easement set aside specif- ically for that use. There shall be no trees, fences, bushes, sheds, or other valuable amenities placed in said easement. Drainage easements and their use restrictions shall be noted on the plat. 9. Provide design data for proposed access to public streets for review and appropriate action by ACHD. 10. Locate driveway curb cuts a minimum of 5-feet from the side lot property lines when the driveways are not being shared with the adjacent property. 11. Developer shall provide the District with a copy of the record- ed plat prior to the installation of street name signs. Street signs will not be ordered until all fees have been paid and a copy of the recorded plat has been provided to ACRD staff. The copy of the recorded plat shall show the recording information as inscribed by the Deputy County Recorder. 12. Install a stop sign on every unsignalized approach of a project street to an intersection involving a collector or arterial as the cross-street. The stop sign shall be in- stalled when the project street is first accessible to the motoring public. 13. A right-of-way permit must be obtained from ACHD for all street and utility construction within the public right-of- way. Contact Construction Services at 345-7667 (with zoning file number) for details. PRELIMINARY PLAT WATERBURY PARK SUBDIVISI~ No. 5 June 9, 1994 Page 4 14. A request for modification, variance or waiver of any require- ment or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would. result in substantial hardship or inequity. Should you have any questions or comments, please contact the Development Services Division at 345-7662. STAFF SUBMITTING: DATE OF COMMISSION APPROVAL: JUN 15 199 Larry Sale ~_ ~ W _ ~-. 1 i -- „~, :.~. 1 _ % ~~ ,, ~,~,~ ~ c~ ~ ~ -.. .. 1 ~ %~ -- ~ ~ ~ __ . ~ • _. I .ter ~_ ~+/ : a~,~...- ~ 1 _ ,~, , >< .- fi. 1 ~ f ~~ `~ ` .~,,~-~ _ ,. -- ° ~- .~ : o` i ~ - ~ ~ t ~ ~~ ~ ~ --.. IIII ° _ ~ : -~ ii ~ _ r~ ~ 1 ~ 1 ,. - ~r ~ , i ~ i r 1 1 1 I I I _ ~ II, 1 ~~I , ~ .~ - .. aij ! - . ~ ..~::. - ~ _ ... . .~- t .. ...~ ~.w~ + .. ... ~ 1 1 •~ 1 1'~1•~ ..dry L ~~ ~, _ / 1 ~ r ..'.tom.-~. ~~ ~:.- ~: ..1 ..y 1 .. .. - .~... li . ~ I ~ + i~ I .-, ... ~ .,X__~- _._.._~_ ~ ~~ ~ . _ _~; ~.._..~.__. ?.1111. ~__ _.~ ~.._. iii I ~ t ~•:.~ ____ =t'~ -,. ~ ~ "~ °• ~~,,~ ~ .-.-~.. ~ ~. =L •? -„ _ -_----° ..-- r ~ i i _. ~ ~ ~ __ .~_.__.. ...._ .. ~ 1 W 1 1 __ ............. _..._.....__-____ _ - _ - i ~~ ~~r«.. ~ ,~ __.. .._. __..~... ... ti b~H ' I ,V~ .... ... .._._ ...... ~ ~ ' 4 :... .... .~_.. ~_. _..... _ ..~ ii i _.. ... ~*~ I 1 .. ~ i _ i _ --~: ~. r~ ^ !~ ~~ 3 9~ t` ~ 1!~ ~~ S i ~ 1 L~ ~ ~~~h 1 57 !~ i ~ ~~z~i~ ,, ~ ~ _ ,. . ti ~~h--~ ~ , 4~ `~~~ f , ~^ l: a ~ I~ z I4S J IZ i~ ~.~ ;; ~- =i ;7] ~~ 4 ~~ ~u ~~ Ci ti ~ti w~ c: .r, ~a ~ ' ~' ~ II ~ r i SUB[~~VISION EVALUATION S. BEET ` " ,....,e...~. -• Proposed Development Name WATERBURY PARK SUB N0. 5 City MbFAtd ~` Date Reviewed 6!07/94 Preliminary Stage XXXXX Final XXXXX Engineer/Developer Johnson En r. / Ramon Yor ason The following SUBDIVISION NAME is approved by~the Ada County Engineer or his designee per the requirements of the IDAHO STATE CJO~DE. WATERBURY PARK SUBDIVISION N0. 5 x. 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 foliowin existin street names shaii a ear on the lat as: "W. WOODBURY DRIVE" "W. WATERBURY DRIVE" The followin4 new street names are approved and shall appear on the plat as: "N. WINDBURY AVENUE" "N. SKYBURY AVENUE" "W. SUNBURY COURT" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTE GE CY E ESENTATIVES OR DESIGNEES Ada County Engineer John Priester Date Ada Planning Assoc. Terri Raynor ~-- ~ Date L Meridian Fire District Representative ~.,~1, ~ ~ ~ ~ _Date NOTE: A copy of this evaluation sheet must be presented to the Ac~a County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index NUI`~1BERING OF LOTS AND BLOCKS TR1SUc5.Sh1 C1TY.FRM Q ~ ^V w ~I 1 • N ; _ `~ N e 3 / ~- ~ _ ~ ~' 3 N Qi N _ ~' ~ m N Z ~ ~ ~/ ~ V ~ "' d.N 3 w 0 - f « N O O ~ / r~ ~~~ ~~~~~~~ __ ~ N V j' P w m N _ N ~ - - IQ ~ ~p N N ~ ~1 h N `7 ~ 3 ~ ~ "+0 {rq ' 3 ~i W T A ~a ~ ~ ~ !9 a ~ 1 , - . ~ N ~ ~ p ~ a ~ w M f ~ O N N ~O f~ • N w N f ~ •1+ A~1~1 'M A ' gi 1 ~ ~ o ~ o r ~' O ~ ~ ~ v l7 ~ ~ O ~ N ~ 3Nti". y-EvN3'• A a / n - ~' 1 O • - ~i X 1 . ( ~ ~ ~ ~ ~ r' N: t i ~.~ ° C'' ~L _ ~ ,,. • N r. ~ ~ F O ~ ' O~ O •' O l -I NI MIf~f1I 10' AiOI„ ' w ' 3Ad Hl 0' M N O - N Mf f fl /C ~ O O~ ~~ rs (j A f N r O Q + ~ N N e IV N r ~ 32 ~ a Wg cn~ N •` f ~ A n V N C ~' w, \ ~ _ ~ A Q N <; O ~ N W., 2^ ~ a ~ (, '3Ad Hl 11 MN / O v N n J N e _ _ _ ~~ 1S .~ V~ZI r. '^ 'iS v1Z1 ~ f ± f ~ ' h ~ A O ? ~ _ ' N ~ O N ~ /0 Y'1 ~ '~' /1 - ~ O ~• N ~ - O V ~ W O N ~ O O a N ~~ ~ __ Q O~ Q 'i O f ~ O O ~~ ~ _ - , - oMylt'd r _ ~ 0~ ,..... SUB[~rVIS10N EVALUATION S. BEET J,~,r,i ,_ ,, '" " ~ ..4 Pro osed Development Name WATERBURY PARK SUB N0. 5 City ME ~3 'IAN`` P Date Reviewed 6/16/94 Preliminary Stage XXXXX Final XXXXX Engineer/Developer Johnson En r. / Ramon Yor ason The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE. WATERBURY PARK SUBDIVISION N0. 5 x. 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 followin existin street names shall a ear on the lat as: "W. WOODBURY DRIVE" "W. WATERBURY DRIVE" The followina new street names are approved and shall appear on the plat as: "N. WINDBURY AVENUE" "N. SKYBURY AVENUE" Please choose a new name for the street shown on the lat as "W. SKYBURY COURT" and have it a roved b the street name committee. The above street name comments have been read and approved by the following agency representatives of tNe ADA COUNTY STREET NA^^E COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE A EN Y R R ENTATIVES OR DESIGNEES Ada County Engineer John Priester Date ~~ Ada Planning Assoc. Terri Raynor .''gate ~. -- / Meridian Fire District Representative 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 TR\SUBS\SM GTY.FRM e. • ^- 1~---~ •- - -S_~__._~_ 3Nd-. y~~vN3'• ~• =. ~ O. N - - 4 ~_ ~ ~ ~ ~ w ; = ~~ W ~ eW t ~ N e ~"" ~ din Q ~ dZ ~ V N ; N n N ~ ~ ~N ~ N ~ • -- ~ ~' _• mN _ r w J~ ~ N ~~ ~ N nn N l" N N ~ h IV N 3 tr W •~`° ~r4,~s 0 ~ ~ ~ • a L \1 1 I + ' O . q A N 'p ~ • n • N N N N t R ~ •1t A711311 'M A ' ^~ ~ ~ ~ _ O .: o ~ ~, . •2~ ~ ~ N~~;a~ ^ p a ~ w m ~ IT'T i t • •~ •~ O ~-'NIn~fI~I~~.~Ia „ ' 3Ad Hl 0' M N - N w ~~rr• m ~o ~- m o~ i J W A f N N / ~ ~ ~ G f •N n ~• ~ ~ ~ ~j N Z ~, n W N '~ 2 a a N n N i - ~ V .~ ~ N w ~ ~ N W~ Z~ ~ ~ ~ / '3Ad HI II MN e " • i ~ e ~ w O - a n • • ~ + _ - ~ iJ _ ©• tl " . 15 uJZI ., '" '1S 4iZl ~ O a • ''S • / • f `/~// ~n r h ~ f .p N m P h ~ ~ e O • o e ~ „~ ~ e - OM`lltf~ C`~ a ~ OFFICIALS WILLIAM G. BERG. JR., City Clerk JANICE L. GASS. City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAVNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-22I I GRANT P. KINGSFORD Mayor ~. ,~., JIM JOHNSON .`~ ~ ~_ ~~ ..~ ~,~ airman ~ Planning 8 Zoning .. .....: a ,4 _., n e., TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered byKt,~~ A; ~: 1; Meridian Planning & Zonincl Commission, may we have your answer by: ~"~~ ~ ~ ~"u~t June 14, 1994 €~' ~ ~~ ~ .r, TRANSMITTAL DATE: 5131/94 HEARING DATE: 6123/94 REQUEST:Annexation/zoning with Preiiminarv plat for Waterbury Subdivision No. 5 BY: Ramon Yorgason and Hubble Engineering LOCATION OF PROPERTY OR PROJECT: South of Ustick, East of Linder JIM JOHNSON, P2 ,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 L1r'nTEF. DEPART~JfEP~IT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8t FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) c'uREAU OF RECLA~IiATiON(PrcELinn t~ FiNHi_ PLA i ) CITY FILES OTHER: YOUR CONCISE REMARKS: fafJB ~F' TF;L'ri~t,'~'~1~' `r/.4LLEY /'1 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Admm~strator A Good Place to Live CITY OF MERIDIAN The Fivemile Drain courses along the southern part of this project. Nampa & Meridian Irrigation has a 100 foot right-of=way (50 feet from the center each way) on the Fivemile Drain. Contact John Caywood at the Bureau of Reclamation at 334-1463 or at 214 Broadway Avenue, Boise, Idaho, for their requirements. Nampa & Meridian Irrigation District's Cresson Feeder courses along the east and south boundaries of this project. The right-of-way of the Creason Feeder is 70 feet: 35 feet from the center each way. Nampa & Meridian Irrigation District's Creason Lateral courses along the east and south boundaries of this project. The right-of-way of the Creason Lateral is 60 feet: 40 feet to the right and 20 feet to' the left of center facing downstream. See Idaho Code 42-1208--RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POSSESSION. The developer must contact John P. Anderson or Bill Henson at Nampa & Meridian Irrigation District, 466-0663 or 345-2431, for approval before any encroachment or change of right-of-way occurs. Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. Contact Donna Moore at 343-1884 or 466-7861 for further information. All laterals and waste ways must be protected. Municipal surface drainage must be retained on site. If any surface drainage leaves the site, Nampa & Meridian Irrigation District must review drainage plans. It is recommended that irrigation water be made available to all developments within Nampa & Meridian Irrigation District. ,~ !~/ Bi~enson Assistanct Water Superintendent CENTRAL •• DISTRICT PRHfALTH DEPARTMENT REVIEW SHEET -..P,~ rv~r- I `r '~.. N ~~ #~ ~ ~ ~~~~ CITY CAF ~iv~~t~ll~i*t Rezone # IUse# ~ reliminary final/Short Plat Lt/,if~'~7Z:~c~/C S;i, ~~~s~,,.~ N,. Return to: ^ Boise ^ Eagle ^ Garden City Meridian ^ 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 ^ solid lava from original grade ^ 6. We^can approve this proposal for individual sewage disposal to be located above solid lava layers: 2 feet ^ 4 feet '® 7. 8. 9. ^ 10. ^ 11. ^ 12. 13. 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 The following plan(s) must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental duality: Central sewage ^ Community sewage system^ Community water Sewage dry lines ~' Central water Street runoff is not to create a mosquito breeding probelm. This department would recommend deferral until high seasonal ground water can be determined "rf other considerations indicate approval. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. We will require plans be submitted for a plan reiew for any: ^ Food establishment ^ Swimming pools or spas ^ Beverage establishment ^ Grocery store itic t~2cc~Ml`+~;~ Tk~ `TtiE Firs- ~N= ~~r~= 1N~ C.~= S ~ ~ ^.H Wat''~7Z_!iC ¢~rzTr,~u~-~~ 7~. r:. ~ y~, 4 c~ ~s~SS y ^ Child Care Center DATE: w-' f, Reviewed by: `~? $~~vA'l-~. pi7~;^ h i) ~ ~ cl,r-~r. ~ 77~ .~ ~ S•h,i .~ ~.~ l~ CDHD 10-91 rcb ~~3/?nip ~~~^„•, ..i~'C s+~A71r ~~_v. Zt /'.1/i'J~'77~~/. n /'\ ,~ ,,,,,._, r ,_ . ~~Y.. V ~/~ tsHL~~1PalL2ti • • ~ • • ~~~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651.4395 FAX # 208-888-6201 Phones: Area Code 208 Brian Smith Hubble Engineering, Inc. 9550 Bethel Court Boise, Idaho 83709 Re: Waterbury Subdivision Creason Feeder Pipe Dear Brian: OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 Nampa & Meridian Irrigation District has completed a review of the proposed burying of the Creason Feeder. The plans indicate that 48 inch diameter 10 gauge corrugated metal pipe will be used for the project. This will be adequate for the needs of the District. Nampa & Meridian Irrigation District will need to have a roadway to allow the District's employees to course down Venable Lane to the Creason Feeder and on to the diversion at the Fivemile Drain. We will need to have a permanent gravel roadway as the District's employees perform day-to-day maintenance during the course of the irrigation season. Please submit plans that indicate this roadway. Contact Andy Harrington at 342-4591 and request that he prepare a License Agreement for the burying of the Creason Feeder. Return the signed License Agreement to Mr. Harrington and it will be submitted to the Board of Directors for their consideration at the next available Board meeting. Once the agreement has been completed and approved, construction may begin. Please contact me if further discussion is required. Sincerely, Bill Henson -' Assistant Water Superintendent ,; pc: Each Director Secretary of the Board District Water Superintendent Andy Harrington John Sharp ;- Clty of Meridian APPROXIMATE IRRIGABLE ACRES F i 1 e RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 16 June 1994 OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chiel WAYNE G. CROOKSTON, JR., Attorney GRANT P. KINGSFORD Mayor 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887.4813 Public Works/Building Department (208) 887-2211 RONALD R. TOLSMA MAl(YERRINGTON ROBERT f). CORRIE WALT W. MORROW SHARI STILES ~r~ p~tanner & Zoning Atlministrator y~-"~°'~"^'.~6'"',3 """"~ JIM JOHNSON Chairman -Planning & Zoning A _p `i ~ , TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, may we have your answer by: June 14. 1994 TRANSMITTAL DATE: 5131194 HEARING DATE: 6!23/94 REQUEST:Annexation/zoning with Preliminary plat for Waterbury Subdivision No. 5 BY: Ramon YOrQa50n and Hubble Engineering LOCATION OF PROPERTY OR PROJECT: South of Ustick, East of Linder__ JIM JOHNSON, P/Z .MOE ALlDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRiE, C/C WALT MORROW, C/C _MAX YERRINGTON, C/C \A/ATCt, 1'1CGAGTIIACAIT 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 8t FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) RI IQFOI 1 nF RFt:I AMATION(PRELIM & FINAL PLAT) We require a permanent 10-foot wide public utilities easement along all lots adjacent to a road right-of-way dedicated to public or private use. Tim Adams Idaho Power 322-2047 HUB OF TREASURE VALLEY /'\ COUNCIL MEMBERS A Good Place to Live CITY OF MERIDIAN ~~ ~.D,~s ~-1~-~`~ OFFICIALS WILLIAM G. BERG. JR.. City Clerk JANICE L. GASS. City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SMAWCROFT. Waste Water Supt. KENNY W. BOWERS. Fire Chief W.L. "BILL" GORDON. Police Chief WAYNE G. CROOKSTON. JR., Attorney 33 EAS3' IDAHO MERIDIA6W`, IDAHO 83632 Phone (208) 888-433 • FAX (208) 887jt813 Public Works/Buildavg Department (208) 887-221 I GRAN~P. KINGSFORD 4hyor RONALD R. TOLSMA MAX YEARINGTON ROBERT D. CORRIE WALT W. MORROW SMART STILES Planner 8 Zomnq AOministrator =oa -h - JIMJOHNSCN M.~.i.id w+' ... -. ~•Chauman • Planning 3 Zoning ~~/ :,L . ~~r. :iv 6i :._ 6 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning &t Zoning Commission, may we have your answer by: June 14w 1994 TRANSMITTAL DATE: 5131/94 HEARING DATE: 6123/94 REQUEST:Annexation/zoninct with Prelirninarv plat for Waterbury Subdivision No. 5 BY: Ramon Yoraason and Hubble Encrineerin4 LOCATION OF PROPERTY OR PROJECT': South of Ustick East of Linder JIM JOHNSON, P/Z .MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P1Z 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 HUB OF TREASURE' VALLEY COUNCiI MEMBERS A Good Puce to Live CITY OF MERIDIAN MERIDIAN SCHOOL DISTRICT MERli?IAN POST OFFICE(PRELIM ~ FINAL PLAT) ADACOUNTY HIGHWAY DISTRICT ADAPLANNING ASSOCIATION CENT6tAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHQ POWER CO.(PRELIM 8~ FINAL PLAT) U.S. i!1{EST(PRELIM 8~ FINAL PLAT) INTEI~IIOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: US WEST REQUEST A 10' EASEMENT ALONG FRONT ______ AND REAR PROPERTY LINES, AND A 5' EASEMENT ALONG ALL SIDE LOT LINES. SIGNED: A.J. CARLSON IN REPLY REFER TO: SRAO-6313 LND-1.00 June 8, 1994 TAIL ~ ~ PRIDE INS aMEwca~ ~ ~ ~ s J U t~ 3 3 ~Q9~ Mr. Wayne Forrey Meridian P & Z Commission City of Meridian 33 East Idaho Ave Meridian ID 83642 cr~r ~-.~- ~ °..... , 5M~ ..... Subject: Review of Proposed Waterbury Subdivision Preliminary Plat in SE'/a NW'/a, Sec. 1, T3N, R1W Dear Mr. Forrey: The United States' Five Mile Drain appears to abut this subdivision on the south. Constructed over 70 years ago as part of the Boise Irrigation Project, the Five Mile Drain is operated and maintained (along with hundreds of other canals in the Boise Valley) under authority of the Act of August 30, 1890. That act reserved in the patent for lands that left the public domain after that date, "...a right of way thereon for ditches or canals constructed by the authority of the United States" (26 Stat. 391; 43 U.S.C. 945). We assert this federal right of way 50 feet each side of the drain centerline. Within this right of way our contractor, the Nampa Meridian Irrigation District (NMID) operates and maintains the drain. To prevent encroachments on the drain right of way and other problems for future homeowners, we request that conditions of this subdivision's approval be: 1. Where the subdivision lies within 50 feet of the Five Mile Drain centerline, the federal right of way be .shown on the subdivision plat clearly labeled "United States' Five Mile Drain Easement" . 2. Storm water discharges meet ACRD standards. Should Plat Note 3 mean discharge to Reclamation's Five Mile Drain, the proponent should secure a discharge permit from NMID and Reclamation for use of our facility. 3. The Nampa Meridian Irrigation District approve the irrigation system in accordance with I.C. 31-3805. n United States Department of the Interior BUREAU OF RECLAMATION Snake River Area Office 214 Broadway Avenue Boise, Idaho 83702-7298 ~ ~ Page 2 Please call John Caywood (ph. 334-1463) if we can be of further assistance.. Sincerely, ~'~' ,derrold D. Gregg 'Area Manager cc: Nampa Meridian Irrigation District /'\ e MERIDIAN PLANNING 8~ ZONING COMMISSION MEETING: JULY 12.1994 APPLICANT: RAMON YORGASON AND RUBBLE AGENDA ITEM NUMBER: 7 ENGINEERING REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR WATERBURY PARK N0.5 ANNEXATION AND ZONING REQUEST WITH A PRELIMINARY PLAT AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: ~ /'~ BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION RAMON YORGASON ANNEXATION AND ZONING E 1/2 SE 1/4 NW 1/4, Section 1, T. 3N., R.1W., B.M., Ada Countv WATERBURY PARR SUBDIVISION # 5 MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on June 23, 1994, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing through his engineer, Brian D. Smith, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for. June 23, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 23, 1994, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That the property included in the application for FINDINGS OF FACT & CONCLUSIONS OF LAW Page -1 s annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately thirteen acres in size; the property is south of Ustick Road and East of Linder Road. 3. That the property is presently zoned by-Ada County as (RT) Rural Transition and the proposed use would be for R-4 Residential type development; that the Applicant states in his subdivision application that the subdivision lot size would be a minimum or 8,000 square feet; that there would be 46 lots in the proposed subdivision; that the Applicant in its subdivision application states that the minimum square footage of homes would be per the Ordinance; that there would be 3.1.6 lots per acre. 4. The general area surrounding the property is used agriculturally and residentially. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant is not the owner of record of the property but the owner of record Erlan J. Venable, has requested that the land be annexed and zoned. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 8. That the entire parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. That the Application requests that the parcel be annexed and zoned R-4 Residential; that the present land use of the FINDINGS OF FACT & CONCLUSIONS OF LAW Page -2 ~ n 5 property is for agriculture pasture and two houses; that the intended development of the property is for an R-4 single family subdivision which is consistent with the property to the east and south. 10. The Applicant's representative stated in the letter accompanying the preliminary plat application, which was submitted simultaneously with the annexation application, that there would be 2.04 acres of common area which is proposed to be maintained by the homeowner's association and that the subdivision was designed to maintain a corridor for the existing 21 inch sewer trunk line paralleling the Creason Lateral. 11. That comments were received from various Meridian City Departments, from other governmental agencies, and other interested parties and they are incorporated herein as if set forth in full. 12. The Meridian Planning Director, Shari Stiles submitted comments which related mostly to the preliminary plat; in other annexation applications she has commented that a development agreement is required as a condition of annexation; such comment is equally applicable to this annexation application. 13. That two people testified on this Application; Joe Siminich commented that he owned the property to the west, that he had concerns over storm drainage, that there were no plans shown for the irrigation ditch, and that for irrigation he was on a rotation system and he wanted that recognized and protected; John Sanford testified but most of his comments related to Lounsbury Subdivision. FINDINGS OF FACT & CONCLUSIONS OF LAW Page -3 /'1 14. That the property is shown on the Meridian Comprehensive Plan as being in a Single Family Residential area. 15. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Areas, Section 6.3; it does state that land in agricultural activity should so remain in agricultural activity until urban services can be provided. 16. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots. 17. That the property can be physically serviced with City water and sewer. 18. That the R-4 Residential District is described in the Zoning Ordinance, 11-2-408 B. 3. as follows: "R-4) Low Density Residential District: Only Single Family Dwellings shall be permitted and no conditional uses shall be permitted except for Planned Residential Development and public schools. The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominately residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non-residential uses. The (R-4) District allows for a maximum of four ( 4 ) dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian."; that the R-4 zoning district requires a minimum of 1,400 square feet to be included in houses in that zone; that the Applicant's representative stated in the letter accompanying the application that the subdivision would comply with the Zoning Ordinance. 19. That the Meridian Comprehensive Plan, under Land Use, FINDINGS OF FACT & CONCLUSIONS OF LAW Page -4 /'~• /'~ Residential Policies, 2.1U states as follows: "Support a variety of residential categories (urban, rural, single-family, multi-family, town houses, apartments, condominiums, etc. ) for the purpose of providing the City with a range of affordable housing opportunities." 20. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.3 c., it states as follows: "Within the Urban Service Planning Area development may occur in densities as low as 3 dwellings per acre if physical connection is made to existing City of Meridian water and sewer service and the property is platted and subdivided . .' 21. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.4, it states as follows: "Residential development is allowed in the rural area provided that said development does not exceed the Rural Residential Agricultural density, unless it is inside the Urban Service Planning Area and City sewer and water is provided, then Low, Medium and High density residential may be considered. All residential development must also comply with the other appropriate sections of this plan." 22. That the Meridian Comprehensive Plan, under Housing, Housing Policies, at page 66, it states as follows: "1.1 The City of Meridian intends to provide for a wide diversity of housing types (single-family, modular, mobile homes, multi-family, town houses arrangements), ." "1.3 An open housing market for all persons, regardless of race, sex, age, religion or ethnic background." "1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged." 23. That there is a population influx into the City of Meridian at the present time which has been going on for some time and is likely to continue; that the land is relatively close to Meridian and economic conditions are making it difficult to FINDINGS OF FACT & CONCLUSIONS OF LAW Page -5 continue farming in the area. 24. That the City Engineer has previously submitted comment in different applications that a determination of ground water level and subsurface soil conditions should be made; that such a comment is equally applicable to this Application. 25. That in prior requests for annexation and zoning in this area the previous Zoning Administrator has commented that annexation could be conditioned on a development agreement including an impact fee to help acquire a future school or park site to serve the area and that annexations should be subject to impact fees for park, police, and fire services as determined by the city and designated in an approved development agreement; that such comment is equally applicable to this Application. 26. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School FINDINGS OF FACT & CONCLUSIONS OF LAW Page -6 District which provide school service to current and future residents of the City; that the City knows that the increase in population does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students. 27. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all residential lots in the City because of the imperilment to the .health, welfare, and safety of the citizens of the City of Meridian. 28. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 29. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement." 30. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" FINDINGS OF FACT & CONCLUSIONS OF LAW Page -7 31. That Section 11-9-605 K states as follows: "The extent and location of lands designed for linear open space corridors should be detex~nined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi- improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 32. That Section 11-9-605 L states as follows: Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Planning, and Zoning Commission shall consider the Bicycle-Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 33. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. CONCLUSIONS FINDINGS OF FACT & CONCLUSIONS OF LAW Page -8 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. 3. That the Planning and Zoning Commission has judged this annexation and zoning application under Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and, State. 6. That the land within the annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant, who is not the titled owner, but the titled owner has requested the annexation and the annexation is not upon the FINDINGS OF FACT & CONCLUSIONS OF LAW Page -9 initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, Section 11-9-605 M., which pertains to the tiling of ditches and water ways, and Section 11-9-606 B 14., which pertains to pressurized irrigation; that the Applicant will be required to connect to Meridian water and sewer; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, R, L and prior comments of the previous Planning Director, Wayne Forrey, relating to the lack of adequate recreation facilities and that land set aside for a future park would be desirable, that the City is in need of land set- asides for future public service use, that a school site was not reserved; that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any development fee or transfer fee adopted by the City; FINDINGS OF FACT & CONCLUSIONS OF LAW Page -10 ~ /'~ that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de-annexation and loss of City services, if the requirements of this paragraph are not met. 10. That the Applicant's property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. 11. That the comments and requirements of the Meridian City Departments and the other governmental agencies shall be met and addressed in a development Agreement. 12. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de-annexation; that the Applicant shall be required to install a pressurized irrigation system, and if not so done the property shall be subject to de-annexation. 13. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that a determination of ground water level and subsurface soil conditions shall be made and reported to the City Engineer 14. That as a condition of annexation the house size of 1,400 square feet must be met. 15. That proper and adequate access to the property is available and will have to be maintained. FINDINGS OF FACT & CONCLUSIONS OF LAW Page -11 ~ ~ 16. That these conditions shall run with the land and bind the applicant and its assigns. 17. With compliance of the conditions contained herein, the annexation and zoning of R-4 Residential would be in the best interest of the City of Meridian. 18. That if these conditions of approval are not met the property shall be subject to de-annexation. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI VOTED VOTED VOTED VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RECOI~IIKENDATION RECOMMENDATION The Planning and Zoning Commission hereby recommends that the property set forth in the application be approved by the City Council for annexation and zoning under the conditions set forth in these Findings of Fact and Conclusions of Law, including that the Applicant enter into a development agreement prior to an annexation and zoning ordinance being passed as that agreement is information that the Council needs to decide whether to pass an annexation and zoning ordinance or deny the application; that if the Applicant is not agreeable with these Findings of Fact and Conclusions and is not agreeable with entering into a development agreement, the property should not be annexed. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT & CONCLUSIONS OF LAW Page -12 /'~`~ RUBBLE ENGINEERING, INC. 9550 W. Bethel Court • Boise, Idaho 83709 TRANSMITTAL LETTER To: , C,c.~y of r~:dr~ - C ~~ ~.krr Attn: 51n a.r t (208) 322-8992 • Fax (208) 378.0329 DATE ~ - 8 - ~~r Job No.: Project: W a ~cr bc,~ ,(/o . S WE ARE SENDING YOU: ~ As Requested _ Attached _ Under Separate Cover, Via FOR YOUR: _ Use _ Record _ _ Information ~ Review and Comment _ Bidding _ Cost Estimating THE FOLLOWING: Prints ~ Plans _ SpeciBc~tions _ Shop Drawings _ Samples _ Copy of Letter _ Copies Date Sheet No. Description GO 1~70.1t.+'bwry ~a. ~ ~~Uwtt•1o-~'~A ~la~ REMARKS: S bow ~ - Per s~ ~ ~ e ~ c e+.• ~xrsG,~r`o~+^ ~ rs Fez. ~K~ ~ l~ti''~ ~'S flu, ~ l a ~ _.~i' Wa ~w bw,Y silo . S {~" s K ~.~ ~ ~a ( '{ e'j C;,I,r Co~,w. c ~ t*. 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BY: ' /`ra.u ~~ Signed: I TOTAL MILES: f TOTAL TIME: 'TIME DELIVERED: ~ RECEIVED BY: d JUN 28 '94 8:48 i ~ s i I ! ~ ~ ~ ~ ~ I~ .~ ' .. ~~~ r ~~ ~I --~ ` /'1 ~~ ~' PAGE.001 .~ 1~ i .~ ~# :~ ;~ ,~ ~~ ,~ I} ,~ Im I~ ~~~ ~- --~ ~~ ~~ :~~ ~: i!~ +'' .y ~~ ** TOTAL PAGE.001 ~xc i.. ~ ~~ ~:~ ~!. ~ ~ . ~h , ~ ~. r ,~ ~ ~ ~ ~~ ~ ~ ~ ~~ ~~ ~~~ ~ ~. ~. 0 ~ ^ ti ~ MERIDIAN PLANNING & ZONING COMMISSION MEETING: June 23.1994 APPLICANT: RAMON YORGASON AGENDA ITEM NUMBER: 1 REQUEST: PUBLIC HEARING• ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR WATERBURY SUBDMSION NO 5 AGENCY COMMENTS 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 ATTACHF~ COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: SEE ATTACHED COMMENTS US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: SEE ATTACHED COMMENTS OTHER: /'1 n ' HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk MAX YERRINGTON CITY OF MERIDIAN ROBERT D. CDRRIE GARY D. SM THS P.E. C'ty Eng near 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 W.L. "BILL" GORDON, Police Chief , JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-0433 • FAX (208) 887813 Chairman -Planning & Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM: June 17, 1994 To; Mayor, City Council, Planning & Zoning From; Bruce Freckleton, Assistant to City Engineer Re; WATERBURY PARK NO. 5 SUBDIVISION (Annexation/Zoning w/Preliminary Plat) I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the applicant during the hearing process: 1. There seems to be some discrepancies between the legal description submitted for this annexation and the Waterbury Park annexation (Ord. #574, 03/03/94}. These two parcels need to have a common contiguous boundary line. 2. Please indicate the address, and phone number of the subdivision developer on the preliminary plat map. 3. Please define the subdivision phase lines, unless you intend on developing the whole area as detailed on the preliminary plat map. 4. Please indicate proposed fire hydrant and street light locations on the preliminary plat map. 5. Locate and reference existing wells within the preliminary plat boundaries. 6. You will be required to file the existing ditch(s) on site per City Ordinance. 7. Contour lines need to be referenced to an established Bench Mark. 8. Submit a master street drainage plan, including method of disposal & approval from the affected irrigation drainage district. 9. Please develop and submit estimates of traffic impact on existing adjacent roadways & intersections. 10. Determine the seasonal high ground water elevation, and profile the sub-surface soil conditions. n /'\ 11. Sewer service to this development will need be by tapping into the existing South Slough Interceptor, which passes across the northerly portion of this parcel. 12. Water service to this property will need to be extended, from existing mains in Waterbury Park No. 3. 13. Water main sizing in this development is subject to change upon completion of the water system modelling. 14. Please indicate Flood Plain Boundaries and any plans to reduce said boundaries. It appears that the majority of this development would be within Flood Plain, and a portion may even be in a Flood Way. C: \WPW IN60\DUMPSTER\WATRBRYS . P&Z ~~~ ~~~~ J t! ~ 2 0 i~g~ CITY OF MERiDiAN 'llaoit~iCt 8i ~te~tultao~ ~I~utiga~o~c ZJld~7tiCt 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Areo Code 208 Brian Smith Hubble Engineering, Inc. 9550 Bethel Court Boise, Idaho 83709 Re: Waterbury Subdivision Creason Feeder Pipe Dear Brian: OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 Nampa & Meridian Irrigation District has completed a review of the proposed burying of the Creason Feeder. The plans indicate that 48 inch diameter 10 gauge corrugated metal pipe will be used for the project. This will be adequate for the needs of the District. Nampa & Meridian Irrigation District will need to have a roadway to allow the District's employees to course down Venable Lane to the Creason Feeder and on to the diversion at the Fivemile Drain. We will need to have a permanent gravel roadway as the District's employees perform day-to-day maintenance during the course of the irrigation season. Please submit plans that indicate this roadway. Contact Andy Harrington at 342-4591 and request that he prepare a License Agreement for the burying of the Creason Feeder. Return the signed License Agreement to Mr. Harrington and it will be submitted to the Board of Directors for their consideration at the next available Board meeting. Once the agreement has been completed and approved, construction may begin. Please contact me if further discussion is required. Sincerely, ---~ -:;.,a'- Bill Henson Assistant Water Superintendent .j pc: Each Director Secretary of the Board District Water Superintendent Andy Harrington John Sharp ,City of Meridian APPROXIMATE IRRIGABLE ACRES File RIVER FLOW RIGHTS • 23,000 BOISE PROJECT RIGHTS • 40,000 16 June 1994 ~"~ ~ HUB OF TREASURE VALLEY OFFICIALS A Good Place. to Live WILLIAM G.BERG.JR.,CityClerk JANICE L. GASS, City Treasurer CITY OF 1~RIDIAN GARY D. SMITH, P.E. Cily Engineer BRUCE D. STUART, Water Works Supt. 33 EAS~ ~t~il'ID JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 W.L. "BILL" GORDON, Police Chief Phone (208) 888433 • FAX (208) 887813 WAVNE G. CROOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 ZoNng Admmistra~r JIM JOHNSON Chairman ~ Planning d Zc~ ^c TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, /may we have your answer by: June 14 1994 TRANSMITTAL DATE: 5/31194 HEARING DATE: 6123194 REQUEST:Annexation/zoning with Preliminary slat for Waterbury Subdivision No. 5 BY: Ramon Yor4ason and Hubble Engineering LOCATION OF PROPERTY OR PROJECT: South of Ustick. East of Linder JIM JOHNSON, P/Z ,MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY.ATTORNEY CITY ENGINEER CITY PLANNER MERIL?IAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL. DISTRICT HEALTH NAMPA 11~EERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTEF~IAOUNTAIN GAS(PRELIM & FINAL PLA BUREAU OF R CLAMATION(PRE ~~ FIN T) CITY FILES OTHER: `- ~~~~ YOUR CONCISE REMARKS: ~~~~$° .. ~ $..z v s..;i... t . 't CITY ®F ~E~~i3~~ HUB OF TRERSURE VALLEY /'~ COUNCIL MEMBERS OFFICIALS A Good a to Live RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk CityTreasurer GASS JANICEL CITY OF RIDIAN MAX YERRINGTON ~ ~~~ ~~~ 8 ~ MORROW . . ; ,, . GARY D. SMITH, P.E. City Engineer SHARI STILES BRUCE D. STUART, water works Supt. JOHN T. SHAWCROFT, Waste Water Supt. 33 EA~i, ' i~AHD 1 ~,e ~ 1 ~lar~nylr~8:gonmg Administrator J t KENNY W. BOWERS, Fire Chief MERIDIAI~,e YDAHO 83642 JIM JOHNSON W.L. "BILL" GORDON, Police Chief Attorney JR phone (208) 888-4433 ~ FAX (208) 887.4813 - -e;• a ;t t"`. Chairman ~.Pfanrdng 8 Zoning it 'br ~ ' `°"'~' +' ~ x ~ of ~ n } ., WAYNE G. CROOKSTON, Public Works/Building Department (208) 887-2211 , , GRAfY'r'~'.. ICiNGSFORD AAaaor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CTTY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, may we have your answer by: June 1~, 1994 TRANSMITTAL DATE: 5/31/94 HEARING DATE: 6/23/94 REQUEST:Annexation/zoning with Preiimi~aKV plat for Waterbury Subdivision No. 5 BY: Ramon Yorgason and Hubble Engine~inq LOCATION OF PROPERTY OR PROJECT: South of Ustick. East of Linder JIM JOHNSON, P/Z .MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERMAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PREIIM & FINAL PLAT) ADA (~kUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPAFAERIDIAN IRRIGATION DISTRICT SETTLEStS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTEI~OUNTAIN GAS(PRELIM & FINAL PLAT) BUREAfJ OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES ~ e ~~ r ~~ OTHEig YOUR CONCISE. REMARKS: ALL co.v~w+.a ~,~ A-.2 ~a s w; ~- ti~ ~ ~Q ~.~D'f ~ C t to ./ d-C I.t~ ..~ ~ s ¢ -rr e ~ L Sd...o .zt /Va4 n.c ~ S is tJ S /l1.lt ~' ~ -fc t3 rz j~~~~ ~ rS /'1 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 OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH. P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chiet W.L. "BILL" GORDON, Police Chief WAVNE G. CROOKSTON, JR., Attorney ~l1 GRANT P. KINGSFORD ~ ~ ; ~ ~, ,~ t',,;~~{ Mayor PIT"~~r1 ~ nE~i~iAN IRI3iGATit?+J t7iSTniCT TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by~~~ ~~ Meridian Planning 8~ Zoning Commission, may we have your answer by: ~~ ~ ~ ~ ~~d4 .:,.. June 14, 1994 ~'~~ '~ s ~j TRANSMITTAL DATE: 5/31/94 HEARING DATE: 6/23/94 REQUEST:Annexation/zonin4 with Preliminary plat for Waterbury Subdivision No. 5 BY: Ramon Yoraason and Hubble Engineerinca LOCATION OF PROPERTY OR PROJECT: South of Ustick East of Linder JIM JOHNSON, P2 .MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATEF DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8t FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8t FINAL PLAT) U.S. WEST(PRELIM 8t FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) 3UREAU OF REC[RMATiON(Pi•CELifin ~ FINAL PLAT] CITY FILES OTHER: YOUR CONCISE REMARKS: fdUB r_;F' T~~~UBL' /ALLEY COUNCIL MEMBERS A GOO(I PIaCe LO L1Ve RONALD R. TOLSMA ERIDIAN MAX YERRINGTON CITY OF M WALTW MORROW 33 EAST IDAHO SHARI STILES Planner 8 Zoning Administrator MERIDIAN, IDAHO 83642 JIM JOHNSON Phone (208) 888433 ~ FAX (208) 887-4813 r~ ~[= .~ r ~!~,~ j~+airman -Planning 8 Zoning _~ L' U u L ' Public Works/Building Department (208) 887-2211 IN REPLY REFER TO: SRAO-6313 LND-1.00 June 8, 1994 ^ TAIL ~~ PRIDE IN~~ ~~ ~ ~ ^ ~~~1~'~~D J U Pl ~ 3 1994 Mr. Wayne Forrey Meridian P & Z Commission City of Meridian 33 East Idaho Ave Meridian ID 83642 Subject: Review of Proposed Waterbury Subdivision Preliminary Plat in SE'/. NW'/a, Sec. 1, T3N, R1W Dear Mr. Forrey: The United States' Five Mile Drain appears to abut this subdivision on the south. Constructed over 70 years ago as part of the Boise Irrigation Project, the Five Mile Drain is operated and maintained (along with hundreds of other canals in the Boise Valley) under authority of the Act of August 30, 1890. That act reserved in the patent for lands that left the public domain after that date, "...a right of way thereon for ditches or canals constructed by the authority of the United States" (26 Stat. 391; 43 U.S.C. 945). We assert this federal right of way 50 feet each side of the drain centerline. Within this right of way our contractor, the Nampa Meridian Irrigation District (NMID) operates and maintains the drain. To prevent encroachments on the drain right of way and other problems for future homeowners, we request that conditions of this subdivision's approval be: 1. Where the subdivision lies within 50 feet of the Five Mile Drain centerline, the federal right of way be shown on the subdivision plat clearly labeled "United States' Five Mile Drain Easement" . 2. Storm water discharges meet ACRD standards. Should Plat Note 3 mean discharge to Reclamation's Five Mile Drain, the proponent should secure a discharge permit from NMID and Reclamation for use of our facility. 3. The Nampa Meridian Irrigation District approve the irrigation system in accordance with I.C. 31-3805. United States Department of the Interior BUREAU OF RECLAMATION Snake River Area ORice 214 Broadway Avepue Boise, Idaho 83702-7298 _ ..~ R: ~ .~ ~,i ~ ~ 7 ~~~~ CITY GF ~~~~D~t~,~~ June 15, 1994 -v ' s r JBDIVISION #5 - PRELIMINARY PLAT tunissioners of the Ada County Highway ed "District") took action on the on the attached staff report. .t may be considered by the District for shall cause the following applicable ~tisfied prior to District certification be submitted and subject to review and ~.ct. rovements are required: Prior to any ie existing or proposed public right-of- ,all be submitted and subject to review istrict: sets of detailed street construction d by an Idaho Registered Professional er with payment of plan review fee. :tion Agreement between the Developer and ether with initial payment deposit for r testing services. eet improvements to the satisfaction of execute Surety Agreement between the district to guarantee the completion of all street improvements. my highway district se, Idaho 83714 • Phone (208) 345-7680 /'~ DIVISIG.. No. 5 improved with a 36-foot back- sidewalk. Woodbury Drive dead ends to the north of ison Lateral. to the north will be to the no stub street to the north is this parcel. public hearing by the Meridi- ~n June 23, 1994. ry Drive from the east parcel ndary as shown on the prelimi- required in the public right- onstructed in conformance with stems shall be designed and h District standards and poli- orts, plats, drawings, plans, ins presented to ACRD shall be istered Professional Engineer in compliance with Idaho Code, the appropriate irriga- Lng storm runoff into their lities, irrigation and drain- ie of the proposed street im- :ocations shall be obtained t drainage systems across par- a , ' ~ ~ ,_ I ~ '~' r I ~, r i _. _ _--~ -- -- ,- / ~~ _. ~ ~ ~ i _ i I ~ ~ ~ ~ ~ ~ ,~ ~ul~ I _.-.., .._. .._.. __ - ~ L .... ~ r- _ , , f .. ... ~ ' .. ~ ~ ~ ,',' ^. ;, ~ i _ -... r .~ ~ - ~ r •rL---.T~ a ,I , f~ I ;. .. _ •. - ~. Z-~ ., L . i ~ :.iri 1.' . r . ,: o!- ;~ _.; ~ y I , ~ 411 ~ .~ ~' ii• ! r , r _ I I I ~ `° 1 I 1 r 1 ~ • ~---~ ' I .L ~ -=--r:r- ~ ~ I I I - If I F 1 1 1 r I _II ~ I l l l i -~j I ._ r 1 i _ ~ ~ •-. ~ ! .I '~ ' j I i d -- •. _ r i ~ - ~ .1. I ..i.. 1..1- :..... _... _. .II ~ ~ ~~ ~ ~ ~ ~ ~ 1'ti ! r l r l l III ~ t~ a ~ ~ r t ..~ -•~- r ~.r i ~ I 1 I ~ ~~ r .-- I~ , g ~ ~, ~ li!~--mot' _; -'-• - --1.-...+. _ . ; ..' ~ • ~t 1 f•+•~ ~. l.:i it ~. ~_t.r _ I,~-~~_~' ..~ ~ rI LLf..~i.t,. _ _ . . ..... .. - - _ _ _ - _ r._. _:. _ 1 f 1- .. ._ .. I .-- .__. .I..__ - - :. _~.. ~ , .. ~ ~- ._ ..-.1r III ' -• r:.. ~~_~.. ~. .. ~-...__ ; : ~~ . ~ . l ~ • ~ ~ _ , _ __~ .... ~ ... ~+ V ~T ~ . .. ~ 1 ._ .... .._~ I 1 I _ -•~--•--• - _ _ _ _ - - - -••- -~-- - ~ w - --- - .............~.._ ..._..~_. - - - _ H r' ... ~ - -- ~ - ~ 1 1 -.... .. ~ W ..--- .: ....-~ .. .~..-....... _ ..-.~ " ~_ ray .~ ~ •'1~ ~ I~~ l OFFICIALS HUB OF TREASURE VALLEY WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, Cily Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chiet W.L. "BILL" GORDON, Police Chiet WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman -Planning & Zoning TO: Plannin & Zoning Commi ion, Mayor and Council FROM: Shan h~annmg & oning Administrator DATE: June 23, 1994 SUBJECT: Annexation and Zoning of R-4 with a Preliminary Plat for Waterbury Park Subdivision No. 5 Request for annexation and zoning of R-4 complies with the Meridian Comprehensive Plan. The following items of concern are noted: 1. Submit proposed restrictive covenants. 2. Include note for minimum house size of 1,400 square feet on final plat. 3. Add note that clearly labels the Five Mile Drain easement with the notation "United States Five Mile Drain Easement" as requested by the Bureau of Reclamation. Also add note that no fences or other structures or trees may be placed within this easement. Show this easement clearly on the plat. All lots must meet a minimum of 8,000 square feet exclusive of this easement. Five Mile Creek is designated as a pathway on Meridian's Comprehensive Plan. I believe Nampa-Meridian Irrigation District's access road is on the north side of this section. Also, a pedestrian walkway to the south should be provided (in lieu of stub street) to allow access to Five Mile Creek. 4. All other ditches must be piped in accordance with City of Meridian Ordinance. Nampa- Meridian Irrigation District must approve of final development plans. Provide evidence of this prior to submittal of final plat. 5. Submit Ada County Street Name Committee approval letter. 6. Show subdivider address and telephone number on plat. 7. Development agreement is required. With above conditions and comments addressed, and conformance with staff and agency comments, I would recommend approval of this preliminary plat. /'1 /"~ SUBDIVISION EVALUATION SKEET ., ,, :,~;~ Proposed Development Name WATERBURY PARK SUB NO. 5 City MI~A~ Date Reviewed 6/07/94 Preliminary Stage XXXXX_ Final XXXXX Engineer/Developer Johnson En r. / Ramon Yor ason The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE COCDE. WATERBURY PARK SUBDIVISION NO. 5 x. 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 followin existin street names shali a• ear on he lat as: "W. WOODBURY DRIVE" "W. WATERBURY DRIVE" The followin4 new street names are approved and shall appear on the slat as: "N. WINDBURY AVENUE" "N. SKYBURY AVENUE" "W. SUNBURY COURT" The above street name comments have been read ,and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTE~GE}11CY E ESENTATIVES OR DESIGNEES Ada County Engineer John Priester Ada Planning Assoc. Terri Raynor Meridian Fire District Representati _- s Date Date 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 TR\SUES\SM CITY.FRM i-~. /"~ ~F~~~ ~t:Y~~ SUBDIVISION EVALUATION SHEET Proposed Development Name WATERBURY PARK SUB N0. 5 City J U ~ 2 1 t~~4 F l~i~~ilil~it"i;5 ME I Date Reviewed 6/16/94 Preliminary Stage XXXXX Final XXXXX Engineer/Developer Johnson Engr / Ramon Yor4ason The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE. WATERBURY PARK SUBDIVISION NO 5 x 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 aoaear on the slat as: "W. WOODBURY DRIVE" "W WATERBURY DRIVE" The followin4 new street names are aooroved and shall aaoear on the slat as: "N WINDBURY AVENUE" "N SKYBURY AVENUE" _ Please choose a new name for the street shown on the plat as "W. SKYBURY COURT" and have it aogroved by the street name committee The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAIL^E COMMITTEE. -ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE A EN Y R ENTATIVES OR DESIGNEES Ada County Engineer John Priester Date ~~ Ada Planning Assoc. Terri Raynor ate / / Meridian Fire District Representative ~ , ~ `~~e + 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 U`~~~=~rtux~! lJ~t /l°Gl~f~~'~'7 ~~l~id~t TR\SUBSISM_CITY. FRM /~ j ,~/~~/~~ r ~ ~ -.=,~^d J. ~~~CC~~ rrasiaent ~~,.R~, R 'nuBER.'. ~~e ~rasigenr . =.~~1E~ c. BRUCE. ~acrerary TO: ACHD Commission INTER-DEPARTMENT CORRESPONDENCE WTRBURY5/DSTECH 6-15-94 DATE: June 9, 1994 FROM: Development Services SUBJECT: PRELIMINARY PLAT - WATERBURY PARK SUBDIVISION No. 5 (Developer - Ramon Yorgason, 2304 N. Cole Rd., Boise, ID 83704) (Engineer/Surveyor - Hubble Engineering, Inc., 9550 Bethel Ct., Boise, ID 83709) PRELIMINARY REPORT - NOT FINAL UNTIL APPROVED BY THE ACHD COMMISSION FACTS & FINDINGS: 1. Waterbury Park No. 5 is a 14.6-acre, 46-lot single family residential phase of a large subdivision located west of Waterbury Park No. 4, west of Meridian Road and south of Ustick. There are 2300-feet of new public streets planned. This application includes an annexation by Meridian and the subsequent rezone from RT to R-4. 2. GENERAL INFORMATION: LEAD AGENCY - Meridian ACRES - 14.6 FEET OF NEW PUBLIC STREETS - 2300 LOTS - 46 EXISTING ZONING - RT PROPOSED ZONING - R-4 ESTIMATED VEHICLE TRIPS PER DAY - 460 TRAFFIC ANALYSIS ZONE - 263 IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities 3. Waterbury Park No. 5 is located to the north (across the Five Mile Drain) of a Boise State University Vo-Tech facility. Therefore a stub street to the south is not necessary. 4. Waterbury Park No. 5 is proposing an extension to the west (including a stub to the west parcel boundary) of Woodbury Drive from the west boundary of the adjacent Waterbury Park ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 /'\ /~ PRELI,IINARY PLAT - ~dATERBURY PARK SUBDIVISIOi lo. 5 June 9, 1994 Page 3 7. Submit three sets of street construction plans to the District for review and appropriate action. 8. Submit site drainage plans and calculations for review and appropriate action by ACRD. The proposed drainage system shall conform to the requirements of and shall retain all storm water on-site. Public street drainage facilities shall be located in the public right-of-way or in a drainage easement set aside specif- ically for that use. There shall be no trees, fences, bushes, sheds, or other valuable amenities placed in said easement. Drainage easements and their use restrictions shall be noted on the plat. 9. Provide design data for proposed access to public streets for review and appropriate action by ACHD. 10. Locate driveway curb cuts a minimum of 5-feet from the side lot property lines when the driveways are not being shared with the adjacent property. 11. Developer shall provide the District with a copy of the record- ed plat prior to the installation of street name signs. Street signs will not be ordered until all fees have been paid and a copy of the recorded plat has been provided to ACHD staff. The copy of the recorded plat shall show the recording information as inscribed by the Deputy County Recorder. 12. Install a stop sign on every unsignalized approach of a project street to an intersection involving a collector or arterial as the cross-street. The stop sign shall be in- stalled when the project street is first accessible to the motoring public. 13. A right-of-way permit must be obtained from ACRD for all street and utility construction within the public right-of- way. Contact Construction Services at 345-7667 (with zoning file number) for details. ~~ ' t I (I % 1 ry~ ' „ J ~' u. ~ W ~ G ~ ~ ~i ~ II _ ... .,_ r- _.. U ~ I h OC ~ ~ ~ 't ` -- '~ I F- ~ _ _ ~~ 1 r --• _ ~ --- ~; -1 - - ...~ + ~~ -.~ ..~ .. _ ,. .._._ , ----~ . _ M ~ , ;,, y--~ _ ~ , . ,,, ~, ~ "1.r~ •s ~ EI! }_~ ~ i' ~ sn s .~ i. ~ r~ ~~ I ~ s r~'L. `~ J ~ ~ I I ' .. ~ • , r r • 1 . ~ ~ 1 ~I ' ~ ~ '1' ~j ~ r + + 1 !. ,, r =~~ ~ ~ 1 iij ' ~ I ! II ! I 1 ~ 1 6!I ~ I ~ ~ i 3f) f _ ~ I i I _ i _ ~ 1 ~ _ :...-- .~ g _ e / ~ .., J '~ t' a ~ I 7 f ~h..j i l ~ l . - ~ :-- ,. ,. .. ..~ , ... _, .- -_ ~~ f - - i I ..~_l-r. ~~.__. i _ .... I1 _ ~~ .__ ~, _ ~ .. I ~ .. ~ I _ ~. . _. 1 I 1 .._ ... rr __..._.__.._.__..~ ~ .. ' I ~ ~ _ '~'- -- ~ ~ ~ __._ . - _.--'-~ -- -- -.._. 11 ~ w.~_..~.~~__ ~ =. __._.. ..._... ~ .1 ~a._ ..~.. _... .y._. U _ ... ., --~ - - s _. .._ ~-..~ OFFICIALS COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman -Planning & Zoning WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY /'\ A Good Plaee to Live CITY OF 1~~RIDIAN 33 EAST II3AH0 MERIDIAN. IDAHO 83642 Phone (208) 888-0d33 • FAX (208) 887813 Public Works/BuildiogDepartment (208) 887-2211 GRANT P. KlNGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning I& Zoning Commission, may we have your answer by: June 14,1994 TRANSMITTAL DATE: 5/31/94 HEARING DATE: 6/23/94 REQUEST:AnnexatioNzoning with Prelirmr~arv Qlat for Waterbury Subdivision No. 5 BY: Ramon Yorgason and Hubble Engineering LOCATION OF PROPERTY OR PROJECT: South of Ustick. East of Linder 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 PiANNER 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 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FlLES !~ OTHER: IrGnren `{araa-~pn YOUR CONCISE REMARKS: :1np Sr'm ,, ~, -/v r~t°~ r` .~ /'~ .. ._ ~ APPLICATION FOR ANNEXATION APPROVAL AND ZONING OR REZONE MERIDIAN PLANNING AND ZONING COMII~IISSION ~...~ --• < <, Filing Information ' ~'' ~' {1 GENERAL INFORMATION C~~. it ~ a ~ Waterbury Park Subdivision No. 5 (Proposed Name of Subdivision) Portion of Nl/2 Section 1. T3N , R 1W (General Location) Attached (Legal Description -Attach if Lengthy) Erlan Venable and Caryl Venable (208) 888-4977 (Owner of Record -Name) (Telephone No.) 2625 Venable Lane Meridian H) 83642 (Address) ' Ramon Yor~ason (208) 377-3939 (Applicant -Name) (Telephone No.) 2304 N. Cole Road Boise ID 83704 (Address) HUBBLE ENGINEERING, INC (208) 322-8992 (Engineer, Surveyor or Planner -Name) (Telephone No.) 9550 Bethel Court Boise Idaho 83709 (Address) (Jurisdiction Requiring Approval) Residential (Type of Subdivision-Residential, Commercial, Industrial) + 50 acres of'land in contiguous ownership. (Accepted by) (Fee) ~. , ~\J~v E N G I N~~~s NUBBLE ENGINEERING, INC. ~ ~ 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 2081378-0329 y J S~ v ,~" Project No. 94034 ~ ~ ~~g 994 h ~ 1 3 1y5~4 DESCRIPTION FOR ,., ~, . ~: ~ ...,.. ,.. . CITY OF MERIDIAN ANNEXATION C~ ~ ~ ~;' `~'~-~'`~~'`i'~i'3 WATERBURY PARK SUBDIVISION NO. 5, A PORTION OF THE E1/2 SE1/4 NW1/4, SECTION 1, T.3N., R.1 W., B.M., ADA COUNTY, IDAHO A parcel of land lying in a portion of the E1 /2 of the SE1 /4 of the NW1 /4 of Section 1, T.3N., R.1 W., B.M., Ada County, Idaho and more particularly described as follows: Commencing at the one-quarter corner common to Section 2 and the said Section 1; thence South 89°27'28" East 2655.29 feet along the Southerly boundary of the said NW1/4 of Section 1 to a point marking the Southeast corner~of the said NWi/4 of Section 1, also said point being the REAL POINT OF BEGINNING; thence North 89°27'28" West 663.82 feet along the said Southerly boundary of the NWi/4 of Section 1 to a point marking the Southwest corner of the said E1/2 of the SE1/4 of the NW1/4 of Section 1; thence North 0°05'40" East 862.19 feet along the Westerly boundary of the said E1 /2 of the SE1/4 of the NWi/4 of Section 1 to a point; thence South 89°20'11" East 664.27 feet to a point on the Easterly boundary of the said NW1/4 of Section 1; thence South 0°07'25" West 860.78 feet along the said Easterly boundary of the NW1/4 of Section 1 to the point of beginning, comprising 13.13 acres (572,046 square feet), more or less. Prepared by: NUBBLE ENGINEERING, INC. /G~,gt~RED ~ _~~G, BDS/DTP/G LR/mf/518. des Gary L. Rodenspiel, L.S. Mer. Annex. -Waterbury Park Subd. No. 5 Page 1 of 1 n 4 _, 5 ~', ~~`~ RUBBLE ENGINEERING, INC. y 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 2081378-032 RAE May 12, 1994 Ms. Shari Stiles City Planner City of Meridian 33 East Idaho Street Meridian, Idaho 83642 RE: Annexation and Zoning of 13.13 acres West of Proposed Waterbury Park No. 4 Dear Ms. Stiles: .~ e.l s ., _. . t h~ ~Y i 3 ~~~4 I, Brian D. Smith, hereby promise to post a legal notice of public hearing for the Annexation hearing on the above descnbed property one (1) week prior to the Planning and Zoning hearing date. This will be done in conformance with item number 17 of the Annexation and Zoning Requirements of the City of Meridian. Brian D. Smith ACKNOWLEDGEMENT State of Idaho ) ss County of Ada ) t~C~ On this ~~ day of ~~ 1994 personally appeared Brian D. Smith, whose name is subscn'bed to the within instrument and who acknowledged to me that he executed the e. N ~.. ;~d~~'in,~,o~se, ,~ac~ ~" Li O s Ci ~ / ~ b 4 qua .I'U ~ LAG a ~~ E ' ~ ~'~~ ' ,`,'' ly... ~ ?' 6y.. ~~``r~r: a2Z4~`~ My bond expires x/24/94 -. a I i° M O R 0 N 3 _ ~ ~ N (~ m W ~ o f ~ W e w ~' N O N _ f N ~ N Y NN O ~ O r~ ~~~ ~~~~~~~ ~ N 0 N O I V ~ ' N -_ ~ ~ N a ~' C n iY n `f ~ ~p {V N N ~ C N 3 ~ 3 ^ ~ W h ~r0 Arq~r~ ~ ~ O N ~ ~ r N - N ` 1 ~ N V h ~ p N h M ~ p ~ N ~o N r~ N • N N ' f '1d A3C~3N 'N : ~ ~ gi ~ ~ n • ~ C N 1 19 ~ O m N Ii ,n O !1 W ~ ~ ~ N O ~i I V ~ ~ i ~ f j ~ ~D h ~, ~'• i ~~r , yN J,~ :. ~ . ~ ~ !g ~ ~ ~ ~! ~ r r ~ ~ -- jam;- " '~d ~~~ a 1 . _-- _ -- - - s.~ ~-~----- 3NV". y~6vN3^, ~~7 ~I ~~ '1. ~ ~ ~• z~ ~r ~ ~ `~ ` a ~ Q ~ ~- .° ~ ~I d~ • s • • ~ + Q! ~~ ~ ©. ~ - 1S U1ZI \ Z ~ •~ ~n r a m r- m Q - N _ ~o n _ _ ~n _./ ~ N j J ~./ O N v~~'i i5 4!£I ~' h U - ~~~Q a - n ~ ^ g °_ o Z~) "- "' ~ °~ h a \ r+ ~ iS V~~ V ~Q~ ~ N 0 o. m ~~ n Q e ~ a n = v 0 I 0 I m '1S 41ZI ~ N h I7 ~ Q ,~ - '~ C _ W o - o_ a o C A OO - ~ O _. A_ / I . Nyltld N N N l-~N~n~v~'"~10~~Im~ ' 3Ad Hl 0' MN '3AV Hl II MN , .'i1 i111K .. .. ~ ~ ~rir _:-. __- Q • Q ~- -_ ~ ~ / M w .. ~ • 71p1 N111Yd _ b •- V c ~ ~ ~ ~ ~ . ....._ . o~ ..-. _ - -...r - _ ..... ._ . - oc -._ ;.. ; -- . _._.... . i~ _.----_ :: ..---. _- _- - ~' o~ -_ _ . ----y --- - - _ _, ~ 1 ~ s©t~t~ _ _ : // i J C 1 . ~ ~ f. .. .... -. .- ~ .. A Y ::. j' _. -~ z'~ ' ~ 9 _. _ _ .. • _. . --._ f -- - __ .. _. ... ., ., _ -..... .-_ M - - _ _- - _t__ ._:... _.- r - .... ..-r. --.- -:::: - .. ._ ~ ._ ~ - - -~ - - - ' - - --- - - o~ __ -,._ .- .:: -. _.__. 1_ - . -_. _... ..-.-_~_ .. -.•--.--.--•_...-. .._.-.. ~ .-_. ~ J ' .. .. ~ _- ~' a /'~ NN N ,~.; ~, e _yi URV RUBBLE ENGINEERING, INC. 9550 Bethel Court ^ Boise, Idaho 83709 May 12, 1994 208/322-8992 ^ Fax 2081378-0329 "7 4~4'JI`sX~ ~~~V~, ~.y s.1 - S. ~` ~v'• e; ~ A ~ ~~~i 1 =~ •,~; Ms. Shari Stiles City Planner City of Meridian 33 East Idaho Street Meridian, Idaho 83642 RE: Proposed Waterbury No. 5 Preliminary Plat Application Dear Shari, On behalf of Capital Development, Inc., we hereby submit the property described in the attached application and legal description for preliminary plat approval, The present land use is pasture with two existing residences. The proposed land use for the property will be single family residential. The proposed zoning will be R-4 in the City of Meridian when the annexation and zoning process is complete. This parcel is being submitted for annexation and zoning simultaneously with this preliminary plat application. The proposed Waterbury Park No. 5 subdivision preliminary plat is comprised of 14.58 acres and contains 46 building lots designated for single family development. This provides a gross density of 3.16 lots per acre. This proposed subdivision will contain new central sanitary sewer and domestic water mains that will be extended to serve this development. The streets are proposed as public streets and will conform with Ada County H~ghwa}• District standards and Meridian City Ordinance. All sidewalks within the subdivision will be five feet in width. The minimum square footage of the lots and the minimum square footage of the structures will conform to the requirements of the Meridian City Ordinance. /'1 ENGIiyF c?,'~ . Fps VIIQQI C CAIr1A1G~RIA1[~ INIt'_ ~ ~ ~ ~ ~ 9550 Bethel Court ^ Boise, Idaho 83709 v Q. 0 ~~ SURVEY Project No. 94034 2081322-8992 ^ Fax 208/378-0329 t" ~~`~ 1 3 1994 ~~ ~ ~.~ ~. ~ -t--~~~~ 13, 1994 DESCRIPTION FOR PROPOSED WATERBURY PARK SUBDIVISION NO. 5, PORTIONS OF THE E1/2 SE1/4 NW1/4 AND~W1/2 SW1/4 NE1/4, SECTION 1~, T.3N., R.1W., B.M., ADA COUNTY, IDAHO A parcel of land lying in a portions of the E1/2 of the SE1/4 of the NW1/4 and W1/2 of the SW1/4 of the NE1/4 of Section 1, T.3N., R.1 W., B.M., Ada County, Idaho and more particularly described as follows; Commencing at the one-quarter corner common to Section 2 and the said Section 1; thence South 89°27'28" East 2655.29 feet along the Southerly boundary of the said NW1/4 of Section 1 to a point marking the Southeast corner of the said NWi/4 of Section 1, also said point being the REAL POINT OF BEGINNING; thence North 89°27'28" West 663.82 feet along the said Southerly boundary of the NW1/4 of Section 1 to a point marking the Southwest corner of the said E1/2 of the SE1/4 of the NW1/4 of Section 1; thence North 0°05'40" East 862.19 feet along the Westerly boundary of the said E1/2 of the SE1/4 of the NW1/4 of Section 1 to a point; thence South 89°20'11" East 664.27 feet to a point on the Easterly boundary of the said NW1/4 of Section 1; thence South 76°17'41" East 70.93 feet to a point; thence South 0°24'09" West 844.72 feet to a point on the Southerly boundary of the said NE1/4 of Section 1; Prop. Waterbury Park Subd. No. 5 Page 1 of 2 /-~ /'~ REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerk's possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 p.m., Thursday following the Planning and Zoning Commission. GENERAL INFORMATION 1. Name of Annexation and Subdivision, Waterbury Subdivision No. 5 2. General Location, Portion of N1/2, Section 1, T.3N, R.1W. 3. Owners of record, Erlan Venable and Caryl Venable Address, 2625 Venable Ln., Meridian, ID, 83642 ,Telephone X208)888-4977 4. Applicant, Ramon Yorgason Address, 2304 N. Cole Rd Boise ID 83704 5. Engineer, Gene P. Smith Firm Hubble Engineering, Inc. Address, 9550 Bethel Ct.. Boise, ID 83709 ,Telephone X2081322-8992 6. Name and address to receive City billings: Name: Ramon Yorgason _ Address: 2304 N. Cole Rd Boise ID 83704 Telephone~208~377-3939 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres: 14.56 2. Number of Lots: 49 3. Lots per Acre: 3.37 4. Density per Acre: 3.16 5. Zoning Classification(s): R-4 /'1 a 6. If the proposed subdivision is outside the Meridian City Limits, but within the jurisdictional mile, what is the existing zoning classification N/A 7. Does the plat border a potential green belt No 8. Have recreational easements been provided for No 9. Are there proposed recreational amenities to the City No Explain N/A 10. Are there proposed dedications of common areas Yes Explain Common landscape lots For future parks No Explain 11. What school(s) service the area Meridian Do you propose any agreements for future school sites No Explain N/A 12. Other proposed amenities to the City X Water Supply X Fire Department X ,Other Sanitary Sewer Explain 13. Type of building (residential, commercial, industrial, or combination) Residential 14. Type of dwelling(s), single family, duplexes, multiplexes, other Single Family 15. Proposed development features: a. Minimum square footage of lot(s). 8,000 sq. feet b. Minimum square footage of structure(s) Per ordinance c. Are garages provided for Yes square footage 400 sq. feet d. Are other coverings provided for No e. Landscaping has been provided for Yes Describe Common lots will be landscaped f. Trees will be provided for Yes Trees will be maintained Homeowner's Association g. Sprinkler systems are provided for_ Yes /'~ h. Are there multiple units No Type, Remarks N/A i. Are there special setback requirements No Explain N/A j. Has off street parking been provided for No Explain.. N/A k. Value range of property_$100,000 + 1. Type of financing for development Standard m. Protective covenants were submitted No Date Future 16. Does the proposal land lock other property No Does it create enclaves No STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. 1'\ is ~ormisubapp.mer 4 ~ ~. ~ ~~ ~ ~ ~ ~~ ~~ 3 _ ~ ~~ ! ~ f~ fa ~ ~ ~~~ ~ ~~ ~ f .. !, 4 f ! ~ t , Ci a ~ 4 ~' ~; ~~ ~~ a a !K iC) i) Y c,' W >- ~' :tI es.l }- `i Q~ ~' ~` C: --- ''s ~ U ~; t ~' G ~7 ~4 ~~ 4y •i ~ p N V N _~1 O - o R = ~J >a m `' N _ ~ W Z3 3 °c r W N ~ ~ D ~~ N f N H N N 4 O i `1 • ' ~~~ - ~~~~~~~ ' M N p ~ N O I n 1 3NV". y~64N3"~ N ~.. N F'i u ~, a \ n • W N - p a N ~ ~p N ~ N f N x ~ 3 ('ir ~ N ~ W ~rG AYg ~ (~ T~D N (l3 '~ N i N 1 I ~ p~ N ~ V M N f n m N n N f N N f n r. „~ ' 1d ,1 3127371 'N iTf e W ~ N ~ m m n N O~ ~ Q 17 ~ O / N _. I V ~ ~ ~ __ ~ ~ ~ / ~• v 2 Z ~ 0 5 ~. a ~ ~ t . 1_ .°r ~ d 11 1 1 • f • • 7 ' ~ J ~~ - - ~ 15 UIZI / N J ~J ® N ; N V~~i iS 41£1 ~ ~, ~-~ - 0 m °' ~~ 7e n w ,~ e m ~1 n ~, . ~ ~ -~ n P Cpl r aS Uld • _P ~ `~' ~ O 7 'ld ` ~ ^ ~. ~- N; ~ ; a m m ~ r ~o c .~ ~ :~ ~e I~ ~~ . I~ , o_ - N Mf y n m +~ m m O '3At- H10' MN m - N n v n ~o ~- m a o r N a N e - ~ Q a N N N ~, p !y N h W g ., ', ~/~o y~1~1 N v W F a "~ n H V N v- n S rJ n n •~ p p ^~ O N ~+ N W/1 Zn p ~ ~ ~ O N ~ ~ ~ m ~ '3Ad Hl II MN ~ m ~ p - N M1 O 1. m n ~ ~ '1S 4121 N ~ ~ N ~ ~ q '~ 1/ _.. 0 gyp) ~ _ N . W o - ~ ~ o r~ - _~ ~ Q m ~ A o o O ~M~I Vd - A o A _ oO A N N N OFFICIALS WILLIAM G. BERG. JR., City Clerk JANICE L. GASS. City Treasurer GARY O. SMITH, P.E. City Engineer BRUCE O. STUART, Water Works Supt. JOHN T. SMAWCROFT, Waste Water Supt. KENNY W. BOWERS. Fire Chiet W.L. "BILL" GOROON. Police Chief WAYNE G. CAOOKSTON. JR., Attorney 33 EAS'3' FD,4,H0 MERIDIA6~1', IDAHO 836~t2 Phone (208) 888J433 • FAX (208) 887-:4813 Public Works/Buildieg Department (208) 887-2211 GRAN'd'F. KINGSFORD 4Tayor COUNCILMEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W MORROW SMART STILES Planner 8 Zoning Atlmimstratcr - JIMJOHNSCN ~~Chavman ~ Planning 3 Zoning w L 1iY i TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, may we have your answer by: June 14b 1994 TRANSMITTAL DATE: 5131/94 HEARING DATE: 6!23/94 REQUEST:Annexation/zoning with Preli~inarv plat for Waterbury Subdivision No. 5 BY: Ramon Yorgason and Hubble Encrineering LOCATION OF PROPERTY OR PROJECT: South of Ustick. East of Linder JIM JOHNSON, P2 .MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, CIC BOB CORRIE, CIC WALT MORROW, C!C MAX YERRINGTON, C!C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8t FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENT>rtAL DISTRICT HEALTH NAMPII MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHQ POWER CO.(PRELIM & FINAL PLAT) U.S.IIIIEST(PRELJM & FINAL PLAT) INTERIliAOUNTAiN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: US WEST REQUEST A 10' EASEMENT ALONG FRONT AND REAR PROPERTY LINES, AND A 5' EASEMENT ALONG ALL SIDE LOT LINES. HUB OF TREASURE VALLEY n A Good Place to Live CITY OF ~~ERIDIAN SIGNED: A.J. CARLSON n ~; 9`" RUBBLE ENGINEERING, INC. 9550 Bethel Court ^ Boise, Idaho 83709 2081322-8992 ^ Fax 2081378-0329 9. y Project No. 94034 May 13, 1994 Revised August 26, 1994 DESCRIPTION FOR PROPOSED WATERBURY PARK SUBDIVISION NO. 5, PORTIONS OF THE E1/2 SE1/4 NW1/4 AND W1/2 SW1/4 NE1/4, SECTION 1, T.3N., R.1W., B.M., ADA COUNTY, IDAHO A parcel of land lying in a portions of the E1/2 of the SE1/4 of the NW1/4 and W1/2 of the SW1/4 of the NE1/4 of Section 1, T.3N., R.1W., B.M., Ada County, Idaho and more particularly described as follows; Commencing at the one-quarter corner common to Section 2 and the said Section 1; thence South 89°27'28" East 2655.29 feet along the Southerly boundary of the said NW1 /4 of Section 1 to a point marking the Southeast corner of the said NW1 /4 of Section 1, also said point being the REAL POINT OF BEGINNING; thence North 89°27'28" West 663.82 feet along the said Southerly boundary of the NW1/4 of Section 1 to a point marking the Southwest corner of the said E1/2 of the SE1/4 of the NW1/4 of Section 1; thence North 0°05'40" East 862.19 feet along the Westerly boundary of the said E1/2 of the SE1/4 of the NW1/4 of Section 1 to a point; thence South 89°20'11" East 664.35 feet to a point on the Easterly boundary of the said NW1/4 of Section 1; thence South 76 ° 16'49" East 70.86 feet to a point; thence South 0°24'09" East 844.72 feet to a point on the Southerly boundary of the said NE1/4 of Section 1; RECE/VED AU G 3 0 1994 i~~er~dian Prop. Waterbury Park Subd. No. 5 ~~ Engineer page 1 of 2 n /'~ 4 ~ MERIDIAN CITY COUNCIL MEETING: Auril 19 1994 APPLICANT: RAMON YORGASON AGENDA ITEM NUMBER: 14 REQUEST: FINAL PLAT• WATERBURY PARK SUBDIVISION NO 4 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA~MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: ~. ~ HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG. JR., City Clerk JANICE L. GASS. City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, YVater Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W BOWERS, Fire Chief yy L °BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM A Good Place to Live IAN CITY OF MERID 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888jt433 ' F me~ ~208~ 887, 2211 Public Works/Building DeP GRANT P. KINGSFORD Mayor To: Mayor & City Council From: Gary D. Smith, PE Date: April 13, 1994 RE: WATERBURY PARK SUBDIVISION NO. 4 (Final Plat) COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARISTILES Planner i; Zoning Administrator JIM JOHNSON Chairman -Planning 8 Zoning I have reviewed this plat and offer the following Comm ocessor your information and or use as conditions of the applicant during your decision making p 1. The plat generally conforms to the previously approved prthe west anldta street stub preciously street alignment. However, a street stub has been shown to shown to the north has been replaced with a hef eo uestof ACRD area walkway/ sanitary sewer easement. This modification was done as q 2. The 25 foot wide sanitary sewer easement along the back of Lots 31 - 35, Block 1 needs to be a clear easement unencumbered by lot fences. If the easement remains as a part of each lot the usable lot area needs to be 8,000 square feet. 3. Is the alignment of N. Ridgebury Ave. and W. Woodbury Dr, following the existing sanitary sewer line or can the intersection be 90°? 4. Show a 20 foot wide sanitary sewer easement in the leg of Lot 30 - Block. 1 from Woodbury Dr. 5. Do you want to "show rear of lot" designation for Lot 17 -Block 7? 6. Increase frontage of Lot 12 -Block 7 to 70 feet. 7. There is a 20 foot discrepancy between the distance shown from the Initial Point on this plat to center of section and the distance shown on the No. 2 plat from center of section to southwest corner of Lot 8 -Block 7. Why? Is the tie distance to E 1/4 corner correct? /'t HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR.. City Clerk JANICE L. GASS. City Treasurer CITY OF MERIDIAN RONALD R. TOLSMA ICORR E oBERT D GARY D. SMITH, P.E. City Engineer . WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 ~ Planner & Zoning Administrator W.L. "BILL" GORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-0433 • FAX (208) 887-4813 Chapman - Planning d Zoning Public Works/Building Department (208) 887-2211 GRANT' P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS W[TH 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: April 12 TRANSMITTAL DATE: 3/30/94 HEARING DATE: 4/19/94 REQUEST: Final Plat: Waterbury Park Sub. No. 4 BY: Ramon Yorgason and Roy Johnson LOCATION OF PROPERTY OR PROJECT: West side of Meridian road, 1/2 mile north of Cheny Lane JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH - NAMPAMERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF CLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: r~....i~' ~ ~r'::~ ~~' /'1 ' HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk CITY OF MERIDIAN RONALD R. TOLSMA R Af3E T I GARY D. SM THS P.E. City Eng Weer CORR E O D. WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief " MERIDIAN, IDAHO 83642 ~ Planner & Zoning Administrator GORDON, Police Chief W.L. "BILL JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888433 • FAX (208) 887-4813 Chairman -Planning 8 Zoning Public Works/Building Dt~rtment (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: April 12 TRANSMITTAL DATE: 3/30/94 HEARING DATE: 4/19194 REQUEST: Final Plat: Waterbury Park Sub. No. 4 BY: Ramon Yorgason and Roy Johnson LOCATION OF PROPERTY OR PROJECT: West side of Meridian road. 1/2 mile north of Cherry Lane JIM JOHNSON, P2 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, CIC MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8t FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8t FINAL PLAT) CITY FILES OTHER: .3' 3 ~ `q 7 YOUR CONCISE REMARKS: ~~ APR - 1 199+ ~ ~ • ~ ~ -~ t~' ~:~T''' ~'i~ ?~~~~~al~~ ~wLoW W~ ~°a EX~E<< 2 Fyn ~~~\~~~ m Q ~~ /`\ SUPERINTENDENT OF SCHOOLS Bob L. Haley DEPUTY SUPERINTENDENT Dan Mabe, Finance ~ Administration DIRECTORS Sheryl Belknap, Elementary Jim Carberry, Secondary Christine Donnell, Personnel Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911 MERIDIAN STREET MERIDIAN, IDAH083642 PHONE(208)888-6701 April 4, 1994 City of Meridian A~R ~ 7 ~9~k 33 East Idaho ClT'~ c~14° P,~~i~I~:~i'~d Meridian, Idaho 83642 RE: Waterbury Park Subdivision No. 4 Dear Councilmen: I have reviewed the application for Waterbury Park Subdivision No. 4 and find that it includes approximately 64 homes at the median value of $110,000. We also find that this subdivision is located in census tract 103.11 and in the attendance zone for Chief Joseph Elementary, Meridian Middle School and Meridian High School. Using the above information we can predict that these homes, when completed, will house 15 elementary aged children, 10 middle school aged children, and 10 senior high aged students. At the present time Chief Joseph Elementary is at 114$ of capacity, Meridian Middle School is at 126 of capacity and Meridian High School is at 123$ of capacity. The Meridian School District is not to opposed to growth in our district, however this subdivision will cause increased over- crowding in all three schools. There is little opportunity to shift' attendance boundaries since the surrounding schools are also well over capacity. Before we could support this subdivision, we would need land dedicated to the district or at least made available at a minimum price for a school site in this area. The site would need water and sewer service available. In addition we would need to pass another bond issue for the construction of schools. The cost per student for newly constructed schools, excluding site purchase price and offsite improvements, exceeds $5,000 per elementary student and $10,000 per middle or high school student. l"~ /'~ 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 /`~ /'~ ` SUBDIVISION EVALUATION SI,rET DECEIVED APR 1 5 X94 Proposed Development Name WATERBURY PARK SUB NO. 4 City MEQ~I1Xf~1F ~~~1~~A~' Date Reviewed 4/7/94 Preliminary Stage Final XXXXX Engineer/Developer Johnson Engr. / Ramon Yorgason The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE. >ti~,~1' b~, rEe 6rded. ut r~ ~~ ~ rd,c~ Date The Street name comments listed below are made by the members of the A 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 ao~ear on the plat as: "W. WOODBURY DRIVE" "W. WATERBURY DRIVE" The following new street name is aaoroved and shall aooear on the olat as: "N. RIDGEBURY WAY" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, EN Y P SENTATIVES OR DESIGNEES Ada County Engineer John Priester Zl '' Date c Ada Planning Assoc. Terri Raynor -~-~ ~ Date ~~ Meridian Fire District Representative Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index NUMBERING OF LOTS AND BLOCKS ~~~'~ ll,'~ OGVr' , ~~ TR\SUBS\SM_pTY.FRM APR 07 '94 01~46PM CENTRA~DISTRICT H D P.2 ' ` Fit-~,~~~ 1---~-~ ,. cENTRA~ REVIE'VV SHEET •• DISTRICT ~'HEaLTH Environmental Health Division ~~~~ Return to: ^ Boise DEPARTMENT ~ APR O 7 ~9~ ^ Eagle Rezone # ~ .r,~ ^ Garden city Conditional Use # C ~ r ~'~teridlan Preiimina / final Short Plat +~ ^ A Z ^ I . We have Ob}ectlons to this Proposal. ^ 2. We recommend Denial of this Proposal: ^ 3. Specific knowledge as to the exact type-of use must be pravlded before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before vve can comment. ^ 5. Before we can comment catcerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade . ^ 6. We can Approve this Proposal for individual sewage d'~sposal to be located above solid lava Mayers: ^ 2 feet ^ 4 feet 7. After written approval from appropriate entities are submitted, vve can approve this proposal for. central sewage ^ community sewage system ^ community water well ^ Interim sewage eia~'tsetttat water ^ Indlviduai sewage ^ individual water 8. The follovring plan(s) must be submitted.to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: - centsal sewage ^ community sewage system ^ community water sewage dry lines central water ^ 9. ~ Street Runoff is not to create a mosquitp breeding problem. ^ lQ. ~ This Department would recommend deGerral until high seasonal ground water can be determined i€ other eonsideratioru indicate approval. ^ I I. If restroom facilities are to be installed then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12 We wiU require plans be submitted for a plan review for any: ^ food establishment ^ swarming pools or spas ^ child care center ^ beverage establishment ^ grocery store ~13. Stormvat~er mettagem~nt ~y~tQm shal.L not d~grad~ Date: Reviewed sy: _ ACHD, Ada-6'~~t~~• ~r ~QW~. 11Mf0 101'!1 rt5, m Ilfl7 jl OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney ~. ~. ,~ HUB OF TREASURE VALLEY A Good Place to Live RECEI'tIED COUNCIL MEMBERS RONALD R. TOLSMA PR 1 g 1994 MAXYERRINGTON CITY ®F ~IERII~IA1~1 ROBERTD.CORRIE WALT W. MORROW 33 EAST IDAHO ~['[~`~ ~~' ~iL-i"{ii~it,f'll SHARISTILES Planner & Zoning Administrator MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor ~~~~0(~ /J~~ JIM JOHNSON v airman • Planning 8 Zoning U ~ APR 1994 NAMPA 8~ MERIDIAN IRRIGATION DISTRICT TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, may we have your answer by: A rii 1~ TRANSMITTAL DATE: 3/30/94 HEARING DATE: 4/19/94 REQUEST: Final Plat: Waterbu Park Sub. No. 4 BY: Ramon Yor ason and Ro Johnson LOCATION OF PROPERTY OR PROJECT: West side of Meridian road, 112 mile north of_Che Lane JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8t FINAL PLAT) MOE ALIDJANI, P/Z P2 JIM SHEARER ADA COUNTY HIGHWAY DISTRICT , CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P2 CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT GRANT KINGSFORD, MAYOR C/C RONALD TOLSMA SETTLERS IRRIGATION DISTRICT , C/C BOB CORRIE IDAHO POWER CO.(PRELIM 8t FINAL PLAT) , WALT MORROW, C/C U.S. WEST(PRELIM ~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM ~ FINAL PLAT) MAX YERRINGTON, C/C BUREAU OF RECLp,MATION(PRELIM 8 FINAL PLAT) WATER DEPARTMENT SEWER DEPARTMENT CITY FILeS BUILDING DEPARTMENT OTHER: YOUR CONCISE REMARKS: Nampa & Meridian Irrigation District's FIRE DEPARTMENT Finch Lateral courses along the north boundary of this POLICE DEPARTMENT CITY ATTORNEY ro ' ect . The ri ht-of-wa of the Finch Lateral is 60 feet CITY ENGINEER 30 feet from the center. each wa See Idaho Code 42-1208-- CITY PLANNER RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POSSESSION. The develo er must contact John Anderson or Bill Henson at 466-0663 or 345-2431 fora royal before an encroachment or than a of ri ht-of-wa occurs. This District re ulattinhatContact Use Change/Site Development application be filed for review r' r ys must Donna or be prorPrred Municipr.l surfa e~rainage must be rPr ~ned nn s~ e Tf any surr_a~~ drainage T ;Q r,nn D, r~~r mttGr r~ recom- leaves~be s~re,~a r"P mended that irri ation water be made available to all develo ments within this District . ~(N ~~~ "Bill enson, Foreman, Nampa & Meridian Irrigation District • HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer CITY OF MERI GARY D. SMITH, P.E. City Engineer DIAN 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) 888-0433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALDR.TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman ~ Planning R Zoning TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, may we have your answer by: Aaril 12 TRANSMITTAL DATE: 3/30194 HEARING DATE: 4/19/94 REQUEST: Final Plat: Waterbury -Park Sub. No. 4 BY: Ramon YOrQaSOn and Roy Johnson LOCATION OF PROPERTY OR PROJECT: West side of Meridian road. 1/2 mile north of Cherry Lane JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C1C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER -CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELiM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: __ /'~ REQUEST FOK SUBDIVISION APPROVAL PRELIMINARY PLAT AND/OR F I NAL i'LA'1' PLANNINGAND ZONING COMMISSION March 17;1994 GENERAL INFORMATION: 1. Name of Annexation and Subdivision, Waterbury Park Sub. No. 2. General location,West side of Meridian Kd. 1/~ Mile North of Cherry Lane ., 3. Owners of record, Capital Developrent Company Address 2304 N. Cole road Suite A Boise Id. , Zip83604 , Telephone 377-3939 4. Applicant,Ramon Yorgason Address2304 N Cole 5. Engineer,Roy Johnson, Firm Johnson En~ineerina, F,ddress 9225 Chinden Blvd. , Zip83706 Telephone323-7565 _ 6. Name and address to receive City billings: Name Capital Development Company Boise, Idaho ;i3i04 _ Address2304 N. Cole Suite A Zip83706 Telephc~r.~e3b4=~7?7 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres 10.079 - 2. Number of lots 35 3. Lots per acre 3.47 '~ 4. Density per acre 3.47 5. Zoning classification(s) K 4 _ _. _ __ _ _ __ Page 2 PRELIMINARY PLAT CHECKLIST: Subdivision features continued 11. What school(s) service the area Meridian do you propose any agreements for future school sites no 1:'tiplain___ 12. Other proposed amenities to the City none 1~'ater Supply c1tY Fire Department City , other Explain. 13. Type of Building ( Residential, Commercial, industrial or combination) residential 14. Type of dwelling(s) single family, duplexes, multiplexes, single family 15. Proposed development features: a. Minimum square footage of lot{s) b. Minimum square footage of structu c. Are garages provided for, des d. Are other coverings provided for e. Landscaping has been provided for 8000SF' _ refs) 1001 _ square footage no NO lle..cribe f. Trees will be provided for yes Describe 1 each lot g. Sprinkler systems are provided for yes - _r.entr.al svstem_________ h. Are there multiple units no Type ,remarks i. Are there special set back requirements no__,Flxplain____ j. Has off street parking been provided for ye;; ,Explain__ ara e and driv a' k. Value range o property 50,000 - 125,000. ____- 1. Type of financing for development self _ _-__.____ m. Protective covenants were submitted date to follow 16. Does the proposal land lock other property no __-_ -- Does it create Enclaves no ~. .. _ l'~ Page 3 X 5. Preliminary Plat will include all appropriate easements. X 6. Street names must not conflict with city Grid System. item 6. e. There are 34 residential lots. (lots 1 and ?) 6. q. no variance is requested 6. r. _-._.. This project consists of 34 residential lots. In addition, the developers plans to landscape the south slough from the top of the bank to the lot line and ha~re tine slough as an amenity for this subdivision. STATEMENT OF COMPLIANCE: 2. a. Application enclosed. b. c . -.- d. This plat is in conformance with the preliminary plat. e. All requirements of the ordinance will be met. f. All engineering and surveying practices and legal standards are being met. STATTEMENI' OF CONFOKMANCE This plat conforms to the preliminary plat as approved by .the city council. This plat conforms with the all requirements and provisions of the ordinance. This plat conformance with acceptable engineering anti surveying practices and local standards.