Loading...
Westdale Park No. 2 AZ PPr~ ^ SE . 1-LERS' IRRIGATION DISTF- .CDT P.O. BOX 7571 • BOISE, IDAHO 63707 PHONE 344-2471 1RE~ExVEi~ AUG p ~ 1994 CITY UI^ 1~~hi,u~rt,,~ July 29, 1994 Hubble Engineers 9550 Bethel Court Boise, Idaho 83709 ATTENTION: BRIAN SMITH ;'~ ~.-~ RE: Drainage for Crossroads and Westdale Park #2 Subdivisions Dear Brian: Settlers Irrigation District recently received plans for Westdale Park subdivision #2 which included drainage calculations. In my conversations with the engineer, Tun Merkle, he indicated that the drainage from Westdale Park would go through Crossroads' storm water drainage system and into the Settlers' canal Southside. In November 1993 Settlers sent a letter stating our position that we would not accept any drainage from Crossroads subdivision. We have received no further information regarding the drainage plans, but construction is well under way. I have tried several timcs, unsuccessfully, to contact you by telephone but I would appreciate a response from you regarding this matter. Again, Settlers' position is that no drainage water from urban develoaments will be accented into the system. The Board realizes that pre-development drainage did enter the Settlers system; however, there is a vast difference between the quantity and the quality of agricultural vs. urban drainage water. The EPA's rules and regulations have made it prohibitive for the District to accept this water. . Please contact me at your earliest convenience at 343-5271. Sincerely, Troy pshaw enclosure cc: City of Meridian, Planning & Zoning ~'~ ~~ -..v~~ g ~~ CITY (~F ~~~~~~ 'ha"r,~ia & 'n~i~idza~c ~I~vugati~ac Dia~rtet 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 3 0 June 19 9 4 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 James C. Merkle Boise 345-2431 Hubble Engineering, Inc. 9550 Bethel Court Boise, Idaho 83709 Re: Westdale Park Subdivision No. 2 Dear Jim: Nampa & Meridian Irrigation District has received and reviewed the plans on Westdale Park Subdivision No. 2. The plans show that all drainage will be held on site. If any drainage does leave the site, please contact Settlers Irrigation District. Nampa & Meridian Irrigation District has no further comment on this project. Sincerely, Bill Henson Assistant Water Superintendent pc: Each Director Secretary of the Board Di,,s~trict Water Superintendent ity of Meridian Rider 3 File ~~..1~'Y-4- .. .. k - ri ~ ~ ~. _.. ~ T- I , I• I a APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 Meridian City Council June 21, 1994 Page 5 Kingsford: Moved by Bob, second by Ron to table this until next meeting on the annexation and zoning, question Walt. Morrow: We have approved the findings of fact and conclusions, do we then make a decision of the findings of fact before we table. Kingsford: 1 don't think we have to do any more before there is a table. Based on the fact that the findings are contrary to the request you can't go forward with preparing an ordinance or anything until we have direction from the developer as to his intent. Crookston: That is correct. Morrow. Okay, so then the proper sequence is we have done the approval we are going to table and then the decision will come from the applicant. Kingsford: All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: ORDINANCE#650 -DAKOTA RIDGE ESTATES ANNEXATION: Kingsford: AN ORDINANCE OF THE CITY OF MERID-IAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND LOCATED IN THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public that would like Ordinance #650 read in its entirety? Seeing none I would entertain a motion. Tolsma: Mayor, I move we approve Ordinance #650 with suspension of the rules. Corrie: Second Kingsford: Moved by Ron, second by Bob to approve ordinance #650 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #4: ORDINANCE#651 - WESTDALE PARK NO. 2 ANNEXATION: ~, ~ Meridian City Council June 7, 1994 Page 52 Tolsma: Second Kingsford: Moved by Max, second by Ron to have the City attorney prepare annexation ordinance, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: The preliminary plat, then likewise combine that in to restrict that lot, entertain a motion on the preliminary plat. Morrow: Mr. Mayor, I would move we approve the preliminary plat with the exception that either lots 1 or 2 on the cutdesac bordering Ustick Road be designated as an emergency access. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the preliminary plat conditioned upon having either lots .1 or 2 be reserved as an emergency access until the road goes to the west, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #21: PUBLIC HEARING: ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR WESTDALE PARK NO. 2, 39 LOTS BY MAX BOESIGER AND RUBBLE ENGINEERING: Kingsford: At this time I will open the public hearing and invite the owner or his designee to speak first. Jim Merkle, 9550 Bethel Court, Boise, was sworn by the City Attorney. Merkle: I am here this evening on behalf of Max Boesiger the applicant, this particular project kind of has the same problem as the last one, one long access in a nutshell. It is located east of the Crossroads preliminary plat at the edge of the Meridian Impact Area. The application for annexation and preliminary plat this is 38 single family lots on 12.17 acres which is approximately 3.2 lots per acre. The request is for R-8 zoning. The applicant is proposing lot sizes in a range from 7,000 to 12,000 square foot. Due to the geometry of the site, it is a wide narrow site, it is not wide enough to have 2 streets, the width just provides for some real deep lots. Home sizes, Max is proposing will be a minimum of 1500 square feet which go along generally with the existing Westdale subdivision No. 1 which is in the Boise Impact Area which is an Ada County subdivision ~ ~ ~ ~~ /'\ Meridian City Council June 7, 1994 Page 54 Kingsford: I was going to bring that up too, Jim I would like you to pursue that. I believe, was this in Settler's did f read that? Regardless, both of them have indicated to us that in getting into the pressurized irrigation business they would be willing to -work to do that. So that would certainly be my preference that you try and pursue that. Merkle: At this time we request the waiver because there are no rights currently. Morrow: The other side of the issue too is that is an ideal candidate for a shallow well if here is no water right from either one of those 2 it is a small enough subdivision that the expense of a shallow well at that location broken down per lot is not very expensive. So I think the pressurized irrigation is doable no matter which method you choose to do it with. Kingsford: Other questions for Mr. Merkle? Thank you Jim. Tolsma: That is the new proposed design over the March 4th (inaudible). Merkle: Yes, and this is the proposal that was presented and approved by Planning & Zoning. Kingsford: Anyone else from the public? Seeing none I will close the public hearing, Council members. Morrow: I would just have Gary and Shari comment if they are satisfied. Kingsford: Gary is okay, Shari? Shari Stiles, 33 East Idaho, was sworn by the City Attorney. (End of Tape) Stiles: I guess the only comment I would have I still would like to see the 20 foot landscape easement along that Pine Street not only is it a buffer for the adjacent industrial but it will be basically an entrance corridor to the City when that street is completed. I would like to an addition to landscape along that corridor. Kingsford: Thank you, what was your comment to that refresh my memory? Merkle: Max has done a couple of other projects, Vineyards and Krystal Springs and they both have about 10 foot of landscaping, I feel that is adequate for what we need if the intent is to provide a buffer between the lots and adjacent M1 the lot depth is certainly a buffer in my opinion. L~ ~ ~ Meridian City Council June 7, 1994 Page 56 Merkle: 1 would just like to point out that again the 2 other projects and the landscape easements provided on those is basically what he would be intending to put here nothing less than that. I would like to point out also that is the alignment ACHD has today, the alignment will move no further to the east but it may move #urther to the west and swing down. We can't tell that right now we are, to allow for that much right of way when we final plat it but Pine Street may not be there. So, if there is some verbiage in the case it is built that way we will provide the landscape. Morrow: Mr. Mayor, refresh my memory, did ACHD when they made the presentation for the realignment for the presentation of Pine Street and Locust Grove Road did the City Council at that time take a position on those, I think there were 3 or 4 alternatives, and we opted for the alternative that was of this configuration and the realignment of South Locust Grove road at the same time because it is all a part of the same design. So, I think to answer your question as a City we have committed to this design. Kingsford: We have ,but recognizing Mr. Merkle's point is still well taken. As that land develops, I have had conversation with a developer that is very interested in the Pine connector being finished. Other comments, thank you Jim, Council has findings, I believe there was no new testimony Counselor? Crookston: That is correct. Kingsford: Is there a motion to approve findings? Tolsma: So moved Morrow: Second Kingsford: Moved by Ron, second by Walt to approve the findings of fact and conclusions of law as prepared by P & Z, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Tolsma -Yea MOTION CARRIED: All Yea Kingsford: Is there a motion to have the City Attorney prepare an ordinance. Yerrington: So moved Tolsma: Second n MERIDIAN CITY COUNCIL MEETING: June 7 1994 APPLICANT: MAX BOESIGER AND RUBBLE AGENDA ITEM NUMBER: 20 ENGINEERING REQUEST: PUBLIC HEARING ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR WESTDALE PARK N0.2 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS ~ J CITY PLANNING DIRECTOR: SEE ATTAHCED COMMENTS ~ ,,,~ l~ CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW .~ "~ ~ CJ t ~,, J I?i ~U' CITY POLICE DEPT: "REVIEWED" f `~ V ~~ ~ ~~V,',,,Q" CITY FIRE DEPT: SEE ATTACHED COMMENTS '~~' ~/+~ /~ CITY BUILDING DEPT: (; ~~ '" - ~ ~~ ~ MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS ~q°L MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: SEE ATTACHED COMMENTS US WEST: SEE ATTACHED COMMENTS INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: ~p~ I ~~~~ ~ ~ ~"~- C~'~ OTHER: 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-0hief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor n HUB OF TREASURE VALLEY MEMORANDUM APRIL 9, 1994 TO; MAYOR CITY COUNCIL, PLANNING & ZONING FROM; Gary D. Smith, PE RE; WESTDALE PARK N0.2 SUBD. (Annexation, Zoning., Preliminary Plat) COUNCIL MEMBERS RONALD R.TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman - Planning R Zoning I have reviewed this submittal and offer the following comments for your information and or use as conditions of the applicant during the hearing process: 1. The west boundary of this parcel is adjacent to existing city limit boundary. 2. Block length of Block 2 & 3 exceeds the ordinance maximum. 3. A temporary turnaround needs to be provided at the future Pine St. extension. This will be a culdesac street until such time that Pine St. is built. ACHD has said they. don't want this street to tie through the adjacent Crossroads Subd. because of traffic. Our Fire Department is concerned about this because of the half mile length of the one entrance-exit. In order to get sewer and water into this subdivision it will have to be placed in an accessway. I am not sure that not connecting this subdivision with Crossroads is the best approach. 4. Sewer and water service to this project is dependent on continued construction of the Crossroads Subd. 5. The sewer and water lines connection will need to be in a paved and fenced accessway. 6. Submit street name approval from Ada County. 7. Show a stub street to the north? 8. Show a reference benchmark for the contour lines. 9. Determine the highest seasonal groundwater elevation to assist builders in setting bottom of footings one foot above that level. 10. Water service is contingent upon a satisfactory hydraulic analysis being made with our computerized water system model. ~ ~ HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk RONALD R. TOLSMA R I W S I CITY OF MERIDIAN OBERT CORR E D. P.E. City Eng eer Y D. SMITH GAR WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 Planner & Zoning Administrator W.L. "BILL" GORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887-4813 Chairman - Planning & Zoning Public Works/Building Department (208) 887-2211 MEMOR~IDUIM GRANT P. KINGSFORD ,~„; '~~` ~ a_=~ , . Mayor .._ . . _~ .. T0: in9 oon, Mayor and Council Planning ~ .. ~ ,. ~ s ° ' (c ~ - s ~ ; ~ FROM: ~`~ Shari L. Stiles, Planning & Zoning Administrator a.. ~~~, ~r~„ .,y DATE: April 8, 1994 SUBJECT: Annexation and Zoning of Westdale Park Subdivision No. 2 with a Preliminary Plat This proposal complies with the adopted Comprehensive Plan pertaining to residential land use policies. A 15-foot-wide bermed, landscaped and fenced buffer strip should be provided along the south subdivision boundary adjacent to the north side of the Pine Street Extension. This buffer is critical to the interface between residential land use and industrial development in this area as shown on the Comprehensive Plan Generalized Land Use Map. Significant traffic volumes are expected in this area. There should be a note on the final plat stating that the land area south of Westdale Park No. 2 Subdivision is industrial zoned land. This information should be available to potential buyers in this area. This will minimize future conflicts between future residents in this area and the City's desire to attract opportunities for economic development in this area. A development agreement is required addressing the above items. C~Oo p~ BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION MAX BOESIGER ANNEXATION AND ZONING S 1/2 OF THE NE 1/4, SECTION 9 T.3N., R.lE., B.M.. ADA COUNTY MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on April 12, 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 Jim Merkle 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 April 12, 1994, the first publication of which was fifteen (15 ) days prior to said hearing; that the matter was duly considered at the April 12, 1994, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations; 2. That the property included in the application for MAX BOESIGER/WESTDALE #2 Page 1 ~ ^ annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately 12.2 acres in size; it is located West of Cloverdale Road, and South of Fairview Avenue. 3. ?hat the property is presently zoned by the county RT (Rural Transition); that the Applicant requests that the property be zoned R-8. 4. Home sizes proposed for this project will be a minimum of 1,500 square feet, with 7,000 to 12,000 square foot lots. 5. That the property is adjacent and abutting to the present City limits and the entrance will be from Cloverdale and Pine Street/Emerald extension with a stub street to the north. 6. Cloverdale Seventh Day Adventist Church is located to the north. 7. The Applicant is not the owner of record of the property but the owner of record, Carol M. Marshall, of San Francisco, California, and has requested the annexation and consented to the Application. 8. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 9. That the entire parcel of ground requested to be annexed is presently included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 10. As found above, the Application requested that the parcel be annexed and zoned R-8 Medium Density Residential; that MAR BOESIGER/WESTDALE #2 Page 2 n ^ the applicant has indicated that the intended development of the property is for an R-8 subdivision, and would not to included duplexes. 11. Jim Merkle addressed the Commission, on behalf of Max Boesiger the Applicant, regarding Gary Smith's, City Engineer's, comments of the project, which are incorporated herein. 12. Sewer and water lines will be installed and the accessway will come through the Crossroads subdivision, just east of this project. 13. Rowan Wilson, representing the Cloverdale Seventh Day Adventist Church, requested that Applicant put a 6 foot fence along the north boundary of the subdivision to help define the boundaries of the .church property as well as there is a school at the church and it would reduce the liability on both sides because of the children. Mrs. Wilson also asked that no gates be allowed in the back fence. 14. Max Boesiger commented to Mrs. Wilson's remarks about the fencing with regards to privacy versus open space. Mr. Boesiger is willing to continue discussions with the church and suggested a compromise of a 5 or 4 foot fence. 15. That comments were received from the Meridian Police Department, Fire Department, Meridian School District, Ada County Street Name Committee, Central District Health Department, Nampa & Meridian Irrigation District, Settlers Irrigation District, Idaho Power Company, and Shari Stiles the Zoning Administrator submitted comments, and they all are incorporated herein as if set MAX BOESIGER/WESTDALE #2 Page 3 forth in full. 16. That the property is shown on the Meridian Comprehensive Plan as being in a Single Family Residential area. 17. 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. 18. 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. 19. That the property can be physically serviced with City water and sewer. 20. That the R-8, Residential District is described in the Zoning Ordinance, 11-2-408 B. 4 as follows: (R-81 Medium Density Residential District: The purpose of the (R-8) Districts is to permit the establishment of single and two ( 2 ) family dwellings at a desnity not exceeding eight (8) dwelling units per acre. This district delineates those areas where such development has or is likely to occur in .accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two ( 2 ) family .dwellings in well-established neighborhoods of comparable land use. Connection to the Municpal Water and Sewer systems of the City of Meridian is required. that the R-8 zoning district requires a minimum of 1,300 square feet to be included in houses in that zone, but the Applicant has stated that the minimum house size would be 1,500 square feet. 21. That the Meridian Comprehensive Plan, under Land Use, Residential Policies, 2.1U states as follows: "Support a variety of residential categories (urban, rural, MAX BOESIGER/WESTDALE #2 Page 4 n ~ single-family, multi-family, townhouses, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." 22. 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 . . ." 23. 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." 24. 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, townhouses 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." 25. 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. 26. That the City Engineer has previously submitted comment MAR BOESIGER/WESTDALE #2 Page 5 /'~ ~ 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. 27. 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. 28. The Meridian School District submitted comment and such is incorporated herein as if set forth in full; its comment was that there is no excess capacity in the schools of the District and that residents of the new subdivision could not be assured of attending the neighborhood schools; the School District asked for support for a development fee or a transfer fee to help offset the costs of building additional schools. 29. 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 MAX BOESIGER/WESTDALE #2 Page 6 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 tb 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. 30. 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. 31. 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." 32. 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 MAX BOESIGER/WESTDALE #2 page ~ ~ ^ (20') wide, and shall not be a part of the normal street right of way or utility easement." 33. 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;" 34. 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." 35. 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 MAX BOESIGER/WESTDALE #2 Page 8 (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 36. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission 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 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. MAX SOESIGER/WESTDALE #2 Page 9 ~ r'~ 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions. existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant with the consent of the owner and the annexation is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616 which pertains to development time schedules and requirements, 11-9-605 M, Piping of Ditches, 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, and L; that the development agreement shall, as a condition of annexation, require that the Applicant, or if MAR BOESIGER/WESTDALE #2 Page 10 ~ ~ 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 proper and adequate access to the property is available and will have to be maintained. 11. That since the Applicant's property is in an area marked as a single family residential area, the annexation and zoning Application is in conformance with the Comprehensive Plan and does not conflict with the Rural Areas policies. 12. Therefore, based on the Application, the testimony and evidence, these Findings of Fact and Conclusions, and the Ordinances of the City of Meridian it is ultimately concluded that Applicant's property should be annexed and zoned R-8; that the conditions should be those stated above and upon issuance of final platting and other conditions to be explored at the City Council level; that such annexation would be orderly development and reasonable if the conditions are met; that the property shall be subject to de-annexation if the requirements of these Findings of Fact and Conclusions of Law are not met. 13. That all ditches, canals, and waterways required to be tiled by City Ordinance shall be tiled and pressurized irrigation installed as a condition of annexation and if not so done the MAX BOESIGER/WESTDALE #2 Page 11 property shall be subject to de-annexation. 14. With compliance of the conditions contained herein, the annexation and zoning or R-8, Residential would be in the best interest of the City of Meridian; that since the Applicant stated the minimum size home would be 1,500 square feet, that minimum size must be met. 15. That if the conditions of approval are nct 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) MA% BOESIGER/WESTDALS #2 VOTED_ ~~I~~t VOTED__ l~ VOTED___~~~°~ VOTED__~~ VOTED Page 12 ~ .r DECISION AND RECOI~IIriENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as stated above for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the Applicant .and owners be specifically required to the all ditches, canals and waterways and install a pressurized irrigation system as conditions of annexation, and that the Applicant meet all of the Ordinances of the City of Meridian, specifically including the development time requirements and .enter into the required development agreement, and that if the conditions are not met that the property be de- annexed. MOTION: APPROVED: DISAPPROVED: MA$ BOESIGER/WESTDALE ~2 Page 13 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 COUNCILMAN YERRINGTON COUNCILMAN CORRIE VOTED VOTE VOTED COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) VOTED VOTE (INITIAL) APPROVED DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW -- WESTDALE PARK NO. 2 /"~ n HUB OF TREASURE VALLEY OFFICIALS COUNCIL MEMBERS A Good Place to Live RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk I JANICE L. GASS, City Treasurer CITY OF MERIDIAN GARY D. SMITH, P.E. City Engineer Wq T W. M ORROW BRUCE D. STUART, Water Works Supt. S 33 EAST IDAHO SHARI STILES JOHN T. SHAWCROFT, Waste Water upt. KENNY W. BOWERS, Fire Chief IDAHO 83642 MERIDIAN - Planner ~ Zoning Administrator W.L. "BILL" GORDON, Police Chief , JIM JOHNSON WAVNE G. CROOKSTON, JR.; Attorney Phone (208) 888-0433 • FAX (208) 887-4813 Chairman -Planning & Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, may we have your answer by: April 5, 1994 TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4/12/94 REQUEST: Annexation/ zoning with a preliminary plat for Westdale Park No. 2 BY: Max Boesiger and Hubble Engineering LOCATION OF PROPERTY OR PROJECT: West of Cloverdale Road, South of Fairview Avenue JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C _MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT -FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLA,~/ / N(PRELIM & FINAL PLAT) CITY FILES _ ~~ YOUR CONCISE RER~~-' `^ ~ .~ ~ / ~ OFFICIALS HUB OF TREASURE VALLEY A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA WILLIAM G.BERG,JR.,CityClerk JANICE L. GASS, City Treasurer CITY OF MERIDIAN MAXYERRINGTON ROBERT D. CORRIE GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO AHO 83642 ~ HARI STILES ~g oning Administrator ~EC~~~~ KENNY W. BOWERS, Fire Chief MERIDIAN, ID JIM JOHNSON W.L. "BILL" GORDON, Police Chief Phone (208) 888-4433 • FAX (208) 887813 ~?an -Planning 8 Zoning WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211 ~ A e ~ ~ ~~ NR ~} GRANT P.KINGSFORD ~1~~ ~•,,~ ~~%ll/>~1~~~ Mayor t~ TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, may we have your answer by: April 5, 1994 TRANSMITTAL DATE: 3114/94 HEARING DATE: 4/12/94 REQUEST: Annexation/ zoning with a preliminary plat for Westdale Park No. 2 BY: Max Boesiger and Hubble Engineering LOCATION OF PROPERTY OR PROJECT: West of Cloverdale Road, South of Fairview Avenue JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C -WATER DEPARTMENT -SEWER DEPARTMENT -BUILDING DEPARTMENT FIRE DEPARTMENT -POLICE DEPARTMENT -CITY ATTORNEY -CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES ~ ~ ~ ~~ OTHER: YOUR CONCISE REMARKS: iLL nl ,',~•eR p~v~ fh.~er- y xoA ~ rKJ ~ o~o~ ,,,,r:n..~ ~ 7`"l,.e ~o 4 O ~~a EXCEL! t~ ~Z~ ~~~~~ Q ~`~ ~~~~~~~~ MAR 2 4 1994 C~T'~~ ~~~ ~[~iAl~ 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 MERIDIANSTREET • MERIDIAN, IDAH083642 • PHONE(208)888-6701 March 20, 1994 City of Meridian 33 East Idaho Meridian, Idaho 83642 RE: Westdale Park No. 2 Subdivision Dear Councilmen: I have reviewed the application for Westdale Park Subdivison No. 2 and find that it includes approximately 39 homes at the median value of $150,000. We also find that this subdivision is located in census tract 103.12 and in the attendance zone for Meridian Elementary, Meridian Middle School and Meridian High School. Using the above information we can predict that these homes, when completed, will house 14 elementary aged children, 10 middle school aged children, and 15 senior high aged students. At the present time Chief Joseph Elementary is at 114$ of capacity, Lake Hazel Middle 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. Even if we were willing to use portable classrooms for a year or two, this project would require two classrooms at the elementary level, two at the middle school level and two at the high school level. To build portables ready to occupy by students will cost approximately $40,000 each. We would welcome a meeting with you to find ways of mitigating the projected costs to the school district. We are in a difficult position and need your help in dealing .with the impact of growth on schools. Sincerely, ~`~~7 ~~'~G~ Dan Mabe Deputy Superintendent DM:gr n SUBDIVISION EVALUATION SHEET Proposed Development Name WESTDALE PARK NO. 2 ~~'~.}D Date Reviewed 3/24/94 Preliminary Stage XXXXX Final MAR 3 1 1994 Engineer/Developer Hubble Engr / Max A Boesiger Inc The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE. WESTDALE PARK BDIVI I N N . 2 Date--~~ The Street name comments listed below are made~s/ he f'nembers of the ADA COUNTY STREET NAME COMMITTEE (under direction oft Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall appear on the plat as' "E. DRIFTWOOD DRIVE" "E. PINE AVENUE" 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 ir. order for the stree± names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, A CY REP E NTATIVES OR DESIGNEES ,/ Ada County Engineer John Priester Date~~/ Ada Planning Assoc. Terri Raynor ~ t t-- ~~ L "-'~~~ Date3 ~-`~ CL1 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 ~ Y i ~'-7~~~1" 3~2~~~~ TR~SUBS\SM_pTY.FliWI ~ n CENTRAL •• DISTRICT HEALTH DEPARTMENT Rezone # REVIEW SHEET Environmental Health Division ~~~~~~ Return to: MAR 2 ~- 194 ^ Boise ^ Eagle C~~~ ~~~~f~'~r~~~ ~^~G"arden city I Use # y~-r'leridian Preliminary Final /Short Plat 6./~S'i~,rZ~ Pie Sri ,d/!/k1'/off ~l/a. Z ^ Kuna ^ ACZ ^ I. We have Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type-of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 9. Street Runoff is not to create a mosquito breeding problem. ^ 10. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ I I. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store '~ 13. q ~ ~ ~%O ~vit'~72 ~>9-c~ ~~7/T' S~~jq~~ /~'oT l~~drrl~ c.= Date: ~ / °~'~ / -- ~/~~ ~ ~ o ~i~r~-~779-T7v,J S~~/ 6 c Reviewed By: ~/~vl R~.e~ ~~17O~ cS'73'1~?L~' ~i i J' CDND 10/91 rcE, rev. I I/93 jll 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 A Good Place to Live CITY OF MERIDIAN 33 EAST IDAH~D MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Department (208) 887-221 ! ~°(~ ~C,]OUNCIL MEMBERS - RLC~~ 7IV~~.TOLSMA MAX YERRINGTGIN MAR 2 5 %. MoRROw ® SHARI STILES CIT~ ~~~ n~~~~i~~lministrator JIM JOHNSON Chairman ~ Planning & Zoning GRANT P.KINGSFORD ~~~~nR n~~ Mayor U v n /'~ HUB OF TREASURE VALLEY 17 MAR I~:~k TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN NAMPA & MERIDIAN IRRlGATIC)N DlSTRlCT To insure that your comments and re mmendations will be considered by the Meridian Planning 8t honing Com issiont may w~.have yol,>wr a,nswPr by: April 5, -1994 TRANSMITTAL DATE: 3/14/94 HEARING DATE:. 4/12/94 REQUEST: Annexation/ zoning-with a_~relminarv plat for Westdale Park No. 2 BY: Max Boesiger and Hubble Engineering LOCATION OF PROPERTY OR PROJECT: West of Cloverdale Road. South of Fairview Avenue JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) V"vA T ER DEPARTMENT BUREAU OF RECLAMATiON(PRELiM & FINAL PLAN SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: All laterals and waste wa s POLICE DEPARTMENT must be protected. Municipal surface drainage CITY ATTORNEY must be retained on site. If anv surface CITY ENGINEER drainage leaves the site, Nampa & Meridian CITY PLANNER It is recommended that irri Irr; gat i on D; m , G P ; PW d a; nag~pl ang gation water be made available to all developments within this District. Namp a & Meridian Irrif?ation 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 ~~_ ~ - - -- ~ 13i11 Henson_ Foreman, Nampa h MPr;dian Trr;gat;nn 17istr;t,t ~ ~ HUB OF TREASURE VALLEY _ COUNCIL MEMBERS OFFICIALS A Good Place to Live RONALD R. TOLSMA WILLIAM G.BERG,JR.,CityClerk City Treasurer GASS JANICE L CITY OF MERIDIAN MAXYERRINGTON ROBERT D. CORRIE , . GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO ~T~ SHARI STILES C~~ V JOHN T. sHAwcROFr, waste water supt. Planner a Zoning Administrator R~ KENNY W. BOWERS, Fire Chief IDAHO 83642 MERIDIAN W.L. "BILL" GORDON, Police Chief Attorney JR CROOKSTON G , Phone (208) 88s-0433 • FAX (208) 887~g13 ~ 199 JIM JOHNSON App d y irman • Planning 8 Zoning ., , WAYNE . Public Works/Building Department (208) 887-2211 ,. ~~ ~~ GRANT P. KINGSFORD ~~~~ O~ ~~~~ 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 8~ Zoning Commission, may we have your answer by: Aaril 5, 1994 TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4/12/94 REQUEST: Annexation/ zoning with a preliminary plat for Westdale Park No. 2 BY: Max Boesiger and Hubble Engineering LOCATION OF PROPERTY OR PROJECT: West of Cloverdale Road, South of Fairview Avenue 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 (:ITV ATTr1R~AIGV 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: 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. ~,,h s ~W ~.~1 ~ Tim Adams Idaho Power 322-2047 r~ HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA WILLIAM G. BERG, JR., City Cterk S e CITY OF MERIDIAN OBERT O.ICORR E neer P.E. City Eng GARY 0 SM TM 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 8 Zoning Administrator W.L. "BILL" GORDON, Police Chief 's . cj x JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888433 • FAX (208) 887-4813 ::. w,~..,., F`-.~ j. ~ ~' Chavman ~ Planning 8 Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD r., ~' ,~ ~ :.r,i`: . Mayor 'g l k ','T . ,' Eft x" a ' , ~ TRANSMITTAL TO AGENCIES FOR COMMENT5 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: ' AtDril5.1994 TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4/12/94 REQUEST: Annexation/ zoning with a preliminary plat for Westdale Park No. 2 BY: Max Boesiger and Hubble Engineering LOCATION OF PROPERTY OR PROJECT: West of Cloverdale Road, South of Fairview Avenue 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, 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 ~ -~- o ~ ~ ~- ~. ~ . ~ ~-- ~ ~~ ~w 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 RECLAMATION(PRELIM & FINAL PLAT) CITY FILES YOUR CONCISE C~ \ ('~' '~~ '~' RUBBLE ENGINEERING, INC. Project No. 94009 ~ ~ 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-0329 9,~ Q. O O SURVEY RECEIVED May 4, 1994 ~a~ - S (~Ty OF MERIDIAN Mr. Will Berg City of Meridian 33 E. Idaho Meridian, Idaho 83642 RE: Westdale Subdivision No. 2 Preliminary Plat Pressurized Irrigation..: Dear Mr. Berg, On behalf of Max Boesiger Inc., we hereby request that a deposit be made to the City's well development fund in lieu of constructing of pressurized irrigation to Westdale No. 2. This property does not have irrigation water rights. Please feel free to call me if you have any questions. Sincerely, mes C. Merkle, P.E. Project Manager cc: Max Boesiger, Jr. JCM/mf/1062.1tr SUBDIVISION EVALUATION SHEET _ :. Proposed Development Name WESTDALE PARK NO. 2 City MERIq,I~iiIN ~ f ~~~e°µ L....,'r ss za y,~i Date Reviewed 6/9/94 Preliminary Stage XXXXX Final ~~ ~ Engineer/Developer Hubble Engr / Max A Boesiaer Inc The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE. ~ ~ , 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 existinq.street names shall aa~ear on the plat as: "E. DRIFTWOOD DRIVE" "E. PINE AVENUE" "WESTDALE" cannot be used for a street name because "DALE" exists and directions shall not be used as Dart of the street name. 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,~6,~NCY REP, ENTATIVES OR DESIGNEES Ada County Engineer Ada Planning Assoc Meridian Fire District Date rP Date Date ~~ John Priester Terri Raynor 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 BLOC TR\SUBS\SM_gTY.FRM ~d/~~ a ~\ ~\ ~c,- N~ ~i_ ~/ URV RUBBLE ENGINEERING, INC. 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-0329 June 6, 1994 Project No. 94009 Mayor Grant Kingsford City of Meridian 33 E. Idaho Street Meridian, ID 83642 RE: City Engineer and City Planning & Zoning Administrator's Comments for Westdale Subdivision No. 2 Preliminary Plat Dear Mayor Kingsford, CITY OF ~~II~~} The following is in response to the City Engineer's comments dated April 9, 1994: 1. This is a true statement. 2. This item is no longer applicable due to the stub street locations required by ACRD. This was presented to Planning & Zoning. 3. Due to the addition of the cross-street, I believe a turnaround at Pine may not be necessary. We met with Mr. Ken Bowers regarding the fire department concerns and we can meet his requirements ultimately. For the interim, he stated emergency access to this subdivision will be from Cloverdale Road and Mr. Bowers has contacted North Ada County Fire & Rescue to coordinate this emergency response. 4. This is a true statement. 5. We will meet with the City Engineer during final design and accommodate his requirements of this item. 6. This will be submitted to the City Engineer as it will be necessary for the final plat. 7. We have accommodated this item. 8. The benchmark for the topography is a 1/2" iron pin located in Westdale Park Subdivision. The elevation is 2636.05. 9. This will be found during our final drainage design. 10. We agree with this comment. The following is in response to the Planning & Zoning Administration's comments dated 4/8/94: 1. This proposal does comply with the adopted Comprehensive Plan. Mayor Grant Kingsford June 6, 1994 Page Two 2. The applicant is proposing a 10' landscape easement on lots adjacent to the future Pine Street extension. This area will be maintained by the homeowners association. The applicant feels 10' is sufficient, as that is what has been adequate in two other developments he has completed in the City of Meridian. 3. I believe that the applicant can make his buyers aware of the adjacent industrial-zoned land, however I do not believe it is appropriate for the final plat. 4. Yes, a development agreement will be required for the subdivision. Please feel free to call if you have any questions. Sincerely, Jam C. Merkle, P.E. Project Manager JCM/bh/762.1tr cc: Max Boesiger ~ ~ Meridian Planning & Zoning May 10, 1994 Page 17 MOTION CARRIED: All Yea ITEM #10: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR WESTDALE PARK N0. 2 ANNEXATION AND ZONING REQUEST WITH A PRELIMINARY PLAT BY MAX BOESlGER: Johnson: Any discussion, amendments, clarifications needed on the findings of fact? Rountree: Mr. Chairman, I move the Meridian Planning & Zoning Commission hereby adopts and approves these findings of fact and conclusions. Alidjani: Second Johnson: It is moved and seconded to adopt the findings of fact and conclusions of law as prepared by the City Attorney, roll call vote. ROLL CALL VOTE: Hepper -Yea, Rountree -Yea, Shearer -Yea, Alidjani -Yea MOTION CARRIED: All Yea Johnson: Any decision or recommendation for the City? Rountree: Mr. Chairman, I move the Meridian Planning & Zoning Commission hereby recommends to the City Council that they approve the annexation and zoning as stated in the application with the conditions set forth in the findings of fact and conclusions. Hepper: Second Johnson: It is moved and seconded to pass a favorable recommendation onto the City Council as stated, all those in favor? Opposed? MOTION CARRIED: All Yea Rountree: Mr. Chairman, I make a motion that we pass a favorable recommendation onto the City Council. Shearer: Second Johnson: k is moved and seconded that we pass a favorable recommendation on the preliminary plat to the City Council, all those in favor? Opposed? n MERIDIAN PLANNING & ZONING COMMISSION MEETING: MAY 10. 1994 APPLICANT: WESTDALE PARK NO. 2 AGENDA ITEM NUMBER: 10 REQUEST: FINDINGS OF FACT AND CONCLUSION$ OF LAW A ENCY 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: r ~' " y a~~' ~~~pb~ ~ y~~e -~J°~~~~ ~ d~~ ~ r~` ~~~~~ ~ ~ T~ ~~ ~ ~ Meridian Planning & Zoning April 12, 1994 Page 59 Alidjani: Second Johnson: Moved and seconded we have the City Attorney prepare findings of fact and conclusions of law for Turtle Creek application, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR WESTDALE PARK #2 by MAX BOESIGER AND NUBBLE ENGINEERING: Johnson: Is there a representative for the developer in the audience please come forward at this time and address the Commission, I will now open the public hearing. Jim Merkle, 9550 Bethel Court, Boise, was sworn by the Attorney. Merkle: Again my packet did not include the ACRD comments and I am not sure that yours does either, but I will provide them for you. I am here this evening on behalf of Max Boesiger the applicant. This particular application is for annexation with R-8 zoning and a preliminary plat for 38 single family lots on approximately 12.2 acres that is about 3.2 lots per acre. In the original application we had 39 single family lots however we added the stub street to the north that I'll speak about here regarding Gary's comments and ACHD comments and my presentation. So, we are requesting 38 single family lots on 12.2 acres. The vicinity map in the packet I just gave you shows the area in which we are located to the east of us is the existing Westdale Park No. 1 which was an Ada County R-8 subdivisions completed last year. West of us is the existing Crossroads Subdivision preliminary plat. Our east boundary is right at the edge of the Meridian Impact area, between Boise and Meridian. Our south boundary is the Pine-Emerald Corridor that ACRD is working on from Eagle Road all the way through to Cloverdale and that abuts our property on the south there. The applicant is proposing lot sizes in this subdivision that range from 7,000 to 12,000 square feet. Again we have these large lot sizes because of the geometry of the site, it is 350 or 400 feet wide by a 1 /4 mile. So, there is not much else we can do but what we propose. Home sizes proposed for the project will be a minimum of 1500 square foot. Access to the subdivision will be from the existing Westdale No. 1 subdivision which enters from Cloverdale Road on the east and will have a stub street to the north, a stub street to the south and allow for right of way for the future Pine Street Corridor, that is the little at the very bottom there. Where is kind of ends up halfway through the subdivision. We met with ACRD last week and went to their technical review. And basically we have met their requirements on the site specific requirements by allowing a stub street to the north culdesac and the right of way for .-~ Meridian Planning & Zoning April 12, 1994 Page 60 Pine street. Our original application did not show the culdesac and the stub street to the north. The timing of these applications when they come through, sometimes we get information as we go through them that really you guys don't get, kind of like the ACHD comments. I will be providing staff with an updated preliminary plat we just got completed today. I provided them one Friday to show the north stub street and this one does. All the streets within the subdivision will be built to the Highway Districts standards, 50 foot right of way typical, 36 foot streets and 5 foot sidewalks. City sewer and water will be extended from Crossroads, it will be a future phase of Crossroads, it is not there yet, but it will be in a future phase of Crossroads will be extended in this subdivision. Right now I would like to address the City Engineer's comments. I agree with his comment on #1, that is basically a statement. Number 2 regarding the block length, we have resolved that with our addition of the stub street to the north so we no longer exceed on this plat the ordinance of the City of Meridian. Item #3 with that addition of the culdesac at the west end and the stub street there shouldn't be a need for a turn around now. He is correct in stating the Highway District didn't want to tie this road into Crossroads and bottom line is they didn't want traffic from Crossroads Subdivision using this street out to Cloverdale. They wanted to force it down to the future Pine Street which will be I believe an arterial, I think it is bigger than a collector. And then go back and forth between Eagle Road and Cloverdale. Regarding the fire department issue, we met with Kenny Bowers of the fire department, Mr. Boesiger and myself a couple weeks back and we believe we will meet his requirements. In the interim the emergency access to the subdivision because Crossroads future phase is not there and also the Pine Street corridor is not there. In the interim the emergency access to the subdivision will be from Cloverdale road and Mr. Bowers has contacted North Ada County Fire and Rescue to coordinate this emergency response. Gary's comment #4 we agree with this item. His 5th one, during the final design our sewer and water plans, when we get to that stage of development we will accommodate his requirements. The access way, the sewer and water are going to come through a common lot in the Crossroads subdivision, just west of this subdivision into our culdesac. Number 6, we will comply with that issue, #7 we have complied with that regarding a stub street to the north. Number 8 we can provide this information for him, and 9 and 10 are minor. They are normal issues we deal with in the design. Regarding the Planning and Zoning Administrators comments, we have added a 10 foot landscape buffer the green stripe right next to Pine street. It is not in the front of the subdivisions, it is not a main access for this subdivision, it is at the rear of about 10 or 15 of those lots. We feel that is going to be adequate enough to provide a buffer, what she is wanting to do the property to the south of us is an industrial zone in the County right now. We want to provide a buffer between this single family zoning and that existing zoning. And we feel with the 10 foot landscape buffer and the depth of those lots, some of those lots are 150 to 180 feet deep. But there is going to be plenty of a +~ /'1 Meridian Planning & Zoning April 12, 1994 Page 50 Johnson: How many acres? Sweng: 2 acres in that upper corner, from here to there. We access off of Ustick. It is about a 1 /4 mile, but we will be accessing through Fieldstone eventually when they get that built. The thing I find interesting tonight, I haven't lived in Meridian that long about 8 months but being developers ourselves we understand what developers are trying to do because we plan on developing ourselves. But the thing that is interesting to me in Meridian is I don't really know too much about your Comprehensive Plan but it doesn't seem to be very much. Johnson: We have a revised Comp Plan that is in its final stages of approval. It actually has been revised several times and redrafted so it hasn't been adopted in an ordinance yet. Sweng: The thing that concerns me as a community member is that if you look tonight just at the subdivisions that have been mentioned here there are over 700 homes, close? If you look at that Comprehensive Plan or community plan, 1 there is no infrastructure to handle that many homes in the next year to 2 years I don't see it. There is no school structure, infrastructure, road structure. I don't know what your utility structure has been but it can't be something. Johnson: (Inaudible) but you are right about the roads and schools which are other jurisdictions. Sweng: But I would think in your Comprehensive Plan you would make your developers set aside certain amounts of land for schools, for parks, recreational uses. If you look at this project alone, there 245 homes, I think ACHD will say a minimum of 5 trips per house per day. That .is about 1200 trips a day out of that subdivision onto Linder. And that is fine when it is a 5 lane road, but a 2 lane I'm not really sure how that is going to work. I would be surprised if ACHD's comments are any different. We just completed a traffic study ourselves on our project and they estimated 7 trips day. If you also look at Fieldstone, they are about 300 homes, so there is another 1500. The one to the north of this project, Tumble Creek, there are about 400 homes there. I understand what your jurisdictions are, we have ACRD, Community health, etc. I guess by concern as a member of the community is that we don't have any structure any planning to take on anymore developments of this size right now and that is what concerns me. I just don't see it. The other thing that is interesting there is a radio tower there that is owned by Cellular One and I don't know, no one has contacted me. My understanding FCC rules you need 750 feet from the tower each way. Now has that been addressed, they have a 15 year lease left. Meridian Planning & Zoning April 12, 1994 Page 52 will go and what their capacity is, but we are reaching a point here on already approvals that you have made here today that you already as a Commission foresee major problems. Maybe it is time we say time out and let's talk to those entity's that do have the proper power on making decisions on that to discuss that. And then come back and continue your approvals or changes on plans. I think, I'm not sure that you can make that kind of decision to wait until you have ideas about the infrastructure for the next 20 years. I have a question for the developer, if you do go ahead with this project, that is the lots on the south side of the development, I am not sure what. the minimum requirements are of the lots, are those 8,000 feet as well. The irrigation ditch will be tiled as I understand it, is that property that goes to the lots will be developed on that side, or is that open space? If I look at the length they are 80 feet wide by 100 feet which is a 1,000 but as I read the map well that takes some consideration of the irrigation ditch. Is that going to stay as such or is that irrigation ditch (inaudible) could be as much a 5 to 10 feet. Those lots there do not meet the minimum requirement of 8,000 feet. That is a detail concern but I want to reiterate my point, this is a unique opportunity for you as a Commission to give Meridian a different face. I would like to have that considered. Johnson: Thank you, anyone else? Diana Brunello, 2257 North Astaire, was sworn by the Attorney. Brunello: I have the same concerns of everyone else here has, mainly the impact it is going to have on the school. Linder Elementary this morning registered its 604th student, the school was originally designed for 570 some odd number. With the 2 potables that we currently have and are using to full capacity it will handle 604. It has added 10 students since Easter, it has nothing to do with the proposed subdivisions that we are discussing here tonight. The Council has to take into consideration, it may not be your responsibility to assess he impact on the schools but with the number of houses that we are talking about, you have to allow the Meridian board of education to at least keep pace with it. There was an article in this mornings Statesman about Chief Joseph which is just down the street to the east. There are 9 subdivisions going in now that are in the neighborhood of Chief Joseph Elementary. The children will not be going to the neighborhood school they will be bussed out to other schools within the School district. Linder was also mentioned in that article as one that they may propose doing that to or going to year round schools which ever is going to be best. They are already running at capacity, most of the schools in the district things like this have to be taken into consideration before they are approved not after and then deal with it with bond issues. There has got to be a catch up point somewhere. Also the traffic on Chateau, currently the speed the drivers go down that street is not acceptable, there is a stop sign at Chateau and ~ ~ Meridian Planning & Zoning April 12, 1994 Page 54 Slagle: Well, my concerns are about the school also, like everyone else. But other than that I wasn't clear on what they were putting down Linder Road from the entrance way up to Chateau. Are you going to put a sidewalk there? Johnson: You have to address your questions to us and then we will have him rebut. Slagle: Well, 1 am wondering what they are going to put in their entrance way from this subdivision up to along Linder up to Chateau. That would be right in front of my place and Mrs. Cairn's. There is no sidewalk or anything now and with all the kids coming around to either or to either come out of Chateau and go down and cross over to the park and even from the other subdivision walking up the road there is a need for a sidewalk along Linder. My other concern was the fencing along the back of the property. Were they going to put that in so they would all be the same back there also? Johnson: Anything else? Slagle: No, that is all thank you. Johnson: Thank you. Paul Jahner, 2351 Monaco Way, was sworn by the Attorney Jahner: 1 am of course concerned with the school, I have a first grader over there and another boy. It was mentioned that Linder is not adequate, there was something stated about some future time they would widen it. But this subdivision goes in, people on the central and the lower part of this are going to be going down Monaco Way right in front of my house. And I think even the traffic going down Cubic and that is going to end up intersecting right there at Chateau and Monaco Way. I echo what Dory said that a four way stop should be put in there. We should address the concerns about the schools. Johnson: Thank you. Kathy Reirerson, 2043 Kristen Way, was sworn by the Attorney. Reierson: I have some real concerns, I understand you don't have the jurisdiction as far as the highways and the schools and that sort of thing, but it strikes me as really strange that we worry more about satisfying the needs of the developers and their pockets and that sort of thing and worry about the roads later. As you have heard from all the people that are in surrounding subdivisions we are really concerned about ~ ~ Meridian Planning & Zoning April 12, 1994 Page 56 Riererson: I have been involved with some of it. Johnson: Have you sat in on some of their meetings of the School board and asked why they haven't planned, why aren't schools ready for the growth that we all knew was coming. Riererson: I have been involved with some if it yes. Johnson: Thank you Alidjani: Mr. Chairman, if t may I would like to make some comments. Ladies and gentlemen I have lived here like you guys for 15 years, I have been here as long as you have and some of you longer. I do have 2 kids in Meridian School District, my daughter age of 13 she sits on the floor at Middle School and some times she doesn't finish her breakfast, we do have a concern we feel for you. But when you say we are here to satisfy the developer I don't know who is we. If you are we are not, let's clarify a few items I would like to do that. You said cart before the horse, let's tomorrow pass that bond issue for $6 million for the schools we don't need, see how many of you will vote for that. Was the chicken first or the egg first, who is going to tell who is going to spend the money. And is it our money or the School districts money, one way or another sometimes it is going to be all votes. So, don't come out here and point your finger at us that we are not doing our job, we are not concerned and all we are trying to do is put lots of money in the developers pockets and send him on his road. That is not true. Shearer: I think another thing needs to be addressed also, is the road situation. ACRD has impact fees, this subdivision will pay impact fees that will be used on Linder Road. Without the subdivision those impact fees would not be paid on Linder Road. We are not going to get Linder Road upgraded until we have people out there that are going to pay these impact fees and need the road. So that is kind of the way our country works, when the need is there then the product is there. There will be a lot of impact fees off of this to pay for widening and so on of Linder Road. That is all I have to say. Johnson: Is there anyone else from the public that would like to come forward at this time. I will close the public hearing. We will take a 5 minute break. FIVE MINUTE RECESS Johnson: Excuse me, can 1 have your attention please, we are going to reopen this public hearing and give Gary Lee an opportunity to rebut some of the remarks which ~ ~ Meridian Planning & Zoning April 12, 1994 Page 58 along the easterly boundary and a portion of the southerly boundary and down to Monaco. It will be covered and it will enhance the safety issue. It won't be that large intake structure that is there now on Monaco. Which is quite an attraction to kids. There is a smaller ditch that traverses along the southwest corner and goes off the northwest portion of the development. It will be tiled to continue delivery of water to the neighbors. The cellular tower was mentioned which is in the northwest corner, it sits in about 400 feet on the west boundary and about 400 feet from the north boundary. And if you look at the preliminary plat as submitted that is the last phase of this, development, it is phase 4. There is currently a lease in fact on that property for that tower, but it will expire. And when it does expire there will either be negotiations I'm sure involved and the chances of it going away are real when that happens and the last phase will develop. Pathways were discussed, as we mentioned we do have meandering paths designed landscape paths along our collector to move some of that foot traffic. Again the city's Comp Plan calls for a greenbelt along the Five Mile Creek which will be fairly close to this development and will tie into it fairly easily. We spoke about the Linder improvements be taken care of by impact fees. So the developers do pay and the home builders do pay considerable amounts of money in developing their projects through impact fees, through water, sewer, infrastructure, well development fees, so they are paying their way. Were there any other questions Jim that I didn't hit on. Johnson: I can't recall I did take some notes. There was a comment about, specifically the 2 acres in the northwest corner and any type of buffering consideration. Lee: Well, that wasn't considered obviously in the design of this layout. And I am not sure what Fieldstone or Sunnybrook Farms is doing to buffer the other side of that development. I think we can take a look at if it something that needs to be addressed. Johnson: I don't see anything else that you haven't touched on. I think that is it as far as my notes are concerned. Lee: Thank you Johnson: Okay the public hearing is still open is there anybody that has a last comment? Seeing no one then I will close the public hearing. What would you like to do Commission? Shearer: I move we have the Attorney prepare findings of Fact and conclusions of law on this project. '~ ^ ~ Meridian Planning & Zoning April 12, 1994 Page 62 Wilson: I represent the Cloverdale Seventh Adventist Church, which is just to the north of this piece of property. He stated that ~it was a Nazeren church ,but it is the Seventh Adventist Church, and there is a school there too. And we are looking forward to some nice new neighbors, but we would request that they put a 6 foot fence along the north boundary of the subdivision. And our reasons for that is that it would help the line definition of the church property ended that began. The children that are playing at school would resolve a lot of problems, it would reduce liability on both sides and we would ask that no gates be allowed in that back fence that goes between both properties. Mr. Boesiger requested the Church write a letter stating that there would be no residential development on the back of the church property and the church has declined to do that. Thank you. Johnson: Thank you, any questions of Mrs. Wilson. Anyone else? Max Boesiger, 1399 East Monterey Drive, Boise, was sworn by the Attorney. Boesiger: Just primarily in response to Mrs. Wilson's comments there on the 6 foot fence. In the first phase of Westdale we didn't put a fence in there and our reason for not doing that was to be able to take advantage of the open space that was back there. 1 felt personally that if I lived on one of those lots that I would probably want to put in a chain link fence because that way I could take advantage of the open space which is something that everybody likes. We thought that if we put up a 6 foot fence it would cut that off and you would have considerable lost opportunity. On the other hand I recognize that some people consider privacy more important that view of open space. So we had a hard time making up our mind what kind of fence to put in there. And whether a fence should even go in. People may want to plant in a shrub, maybe put in some kind of low shrub across the back of the property to provide both. So, we generally don't have a problem with fencing boundaries of subdivisions like that, but we don't like to do it when it detracts from the subdivision or if it creates any kind of a problem with the subdivision. I think that we would be amenable to provide that fence except to me it doesn't feel like the right thing to do because it cuts off the open space. Perhaps a compromise position might be for us to put in say a 5 foot fence or a 4 foot fence that way you can kind of have the best of both worlds. It isn't that we are trying to escape the cost, it is that we are trying to make the lots as desirable as we can and yet be able to satisfy everyone's needs. So, I am open to that and t would be willing to continue our discussions with the Seventh Day Advenstist Church as far as arriving at some kind of solution on that. And I would be happy to answer any questions. I take exception to the point that was made that there is very little creativity here. Because it is my layout. Johnson: There is so much you can do with something like that, I understand that. n MERIDIAN PLANNING & ZONING COMMISSION MEETING: APRIL 12, 1994 APPLICANT: MAX BOESIGER AND NUBBLE AGENDA ITEM NUMBER: 12 ENGINEERING REQUEST: ANNEXATION/ ZONING AND PRELIMINARY PLAT FOR WESTDALE PARK NO. 2 A EN Y CITY CLERK: CITY EINGINEER: ~~' ~'' I' ~~ CITY PLANNING DIRECTOR: ~C1~~ ~ ~ i t ~9 y 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: COMMENTS ~~ ~~ U" ~~~ ~ ~ C i ~~ 0 ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: SEE ATTACHED COMMENTS US WEST: ~~ ~'1 ~ i 2~q ~ INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: r~ia di 7~l~~diaac ~Ivugatloa ?~tafizict 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 3 February 1997 Max Boesiger Max Boesiger, /nc. 6479 V/enwood, Ste. A Boise, /D 83703 RE: Westdale Park Subdivision Dear Max: OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 This letter is to fo/%w up a to%phone message /received on 30 January 1997 regarding your assumption that the Nampa & Meridian /rrigation District has no interest in taking over the pressure urban irrigation system in Westdale Park Subdivision. That statement is contrary to how l fell as l explained to you in August of 1995 that the Nampa & Meridian /rrigation District is taking on any and all subdivisions within the District that meet the specifications and have a contract with the District. 1 would like you to reference the letter of 29 August 1995 which was written after an on-site meeting. l will however, reiterate the specifications that the Nampa & Meridian /rrigation District need to have completed before we can take over the operation and maintenance of the system. The Nampa & Meridian /rrigation District has certain specifications which will need to be adhered to as discussed previously, as < feel that this system could be brought up to specification quite easily. The other task that needed to be comp/eted was to grant an easement, i.e., a dedicated roadway for the Nampa & Meridian /rrigation District to get to the pump station in the event that we wou/d need to bring in a truck to remove and replace pumps. Your suggestion was to use the back lot lines where the actual irrigation lines course, but as l explained to you, as homeowners move into these homes, it is one thing to have to replace a broken line but to have to move a piece of equipment through their yards will not work. The alternative was to come in from the south side, the Settlers /rrigation District does have a road in that area and l ask that you contact them and secure any properlegal documentation for the Nampa & Meridian /rrigation District to encroach on this property. Page 1 of 2 APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 ~ r~ 3 February 1997 Max Boesiger Page2of2 Once this was obtained then we would get into the last portion which entai/s a contract with the District to operate and maintain this system. Nothing has changed as far as the District's requirements since our 29 August 1995 meeting. It appears that you may have turned this over to the homeowners association and /would appreciate it if you wou/d call me regarding this or pass this information on to the association. But once again, the District has taken on many systems and /don't feel this one to be troublesome if the above mentioned issues are addressed. P/ease fee/ free to contact me if you feel further discussion is required. Sin erely, Q' John P. Anderson, Water Superintendent NAMPA & MERIDIAN IRRIGATION D/STRICT JPA: d/n pc: File Each Director Secretary-Treasurer Asst. Water Superintendent Unit 18 - T. Clinton Attorney - L. Burri Ada County Development Services of Meridian - .~B OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR.; Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 8881433 • 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 rS Zoning Administrator JIM JOHNSON Chairman -Planning & Zoning TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8< Zoning Commission, may we have your answer by: April 5, 1994 TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4112/94 REQUEST: Annexation/ zoning with a preliminary plat for Westdale Park No. 2 BY: Max Boesiger and Hubble Engineering LOCATION OF PROPERTY OR PROJECT: West of Cloverdale Road, South of Fairview Avenue 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, CJC WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8r FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & 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: ~y~~,~? ~ ~ 1~~~ - ^ /'~ '`' `~ NUBBLE ENGINEERING, INC. ~9ti Qy 95.50 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378.0329 Project No. 92-100 WESTDALE PARK SUBDIVISION NO. 2 3/1/94 A portion of the SW 1/4 of the NE 1/4 of Section 9, T.3N., R.lE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the quarter corner common to Section 9 and 10, T.3N., R.lE., B.M.; thence North 89°21'21" West, 2684.55 feet to a brass cap marking the center of said Section 9 and the REAL POINT OF BEGINNING (Initial Point). thence North 00°47'11" East, 394.69 feet along the North-South mid-section line to a point; thence South 89°21'22" East, 1340.35 feet to a point on the East boundary of the SW 1/4 of the NE 1/4; thence South 00°30'24" West, 394.70 feet to the C-E 1/16 corner; thence North 89°21'21" West, 1342.28 to the Point of Beginning. Containing 12.15 acres, more or less. Prepared By: NUBBLE ENGINEERING, INC. ~~ ., -~ 4 ~; ~.' ~~~~ o ;, ~ "~'9~f' ,~ "jF~~e~~ is\453.des D. Terry Peugh, L.S. ' ~ 1 I ~ I i ~ ~ ! it ~ ! ~ ~~ ~~ ~II~ r f ~ i ~ I ~ ~ ~ ~~ ~ ~~ ~ ~ ~ 9 4 ~ ~ ~ ~ ~~ ~ A r~,~ a ~ ,~ ~ ~. ~~~. ~~ \\ j ~ j x ' ~`~ `~ / ,., ~ ~ --~-- r. ~ d :' '" ~~ ~'^ 'i ~~ - -- ~~~• X1,3 ~ ~j~ ~' ~ l r% ~ / i ~ i !; i® s '~ 1 i ~ ~ ~ ~\ '1 a i ~~ t. 9 .lei ~~ o ~ R , wv ~ i ~ T i ~ ~~ ., '(• + ~. '! ,,., ~ o , S ' .._ ~ ~ ~ i~.%~ s I ~,~ I m aI I' ~ z to ~ ~~~~~ 2 ~ ~ ~? ~ ° ? ~'~~ a- j~ ~,~~ v ''' ~ ~ ~~~~ ~~ ~~~ ~~~ ~ ~i. rco c.3 'y4 WtL 14:13 r'IfiTS f1. 1fVt:~llath:. 1N1,:.L"t088~3c~~5i F.®2 C / I REAL ESTATE PUR~'~1SE ANd 8ALE AQREI=MENT r~ (CON71NUE0) ~a 13. RISK OP LOSa. Should tho Property bo materially damaged by fire or other cause prior ro closing, unless Buyer has taken po~~sesion prior to cbsing by ~ ~ Agroemenl, (hie agroamenl shalt be voidable at the option of (he Buyer. 88 ~ td. CONDITION OF PROPERTY AT CLOSING. Buyer agrees ro purchase the Propony in as IS condition, where ie, with all faults. Buyer wdl assume all vbliga- 89 ~ lions with teepee! ro the PropsrtY• Seller shall maintain the prope-ty unUi the Closing In its present Condition, orainary wear and tear excepted, dnd loss by 90 Cr7 Casualty. The healing, ventilating, air condltbning, plumbing, elevalort, loading doors and etectrtcal systems shall oe In present operating ordor and condition 9t az the limo of closing, untoss otherwise agreed ro In writing. 92 17. INSPECTION. The Buyer hereby acknowledges lurther Ift81 Buyer has not reC6itp4 or relied upon any statements ar representations by the Broker ar Broker's 83 representatives or by the Setter which are not herein expressed. Tho Buyer has enlere0 into this agreement relying upon Inlormalion and knowledge obtained g4 ~ from Buyer's own lnv9etigalion or personal inapoclion d the premises. gS Q 1e. ADDITIONAL PROVISIONS. Additional provisions of this Reai Estate Purehaao and Sale Agreement, if any, ors attached hereto try an addendum consisting p8 01 pages. g7 19. AGENCY DISCLOSURE. At the lime of signing this agreement the agent working with the Buyer represented ~Uyer 98 and tho agent working with the Setter represented Seller , . .Each parry algning this document confirms thaz prig gg written disclosuro of agenry wai provided to them in This Transaction. Each party to this transaction has read and understands the contents of the agency 100 disclosure brochure previously received. 101 listing Agency: __HAWKINS F+ CANNARjA~`~. Belting Agency: Matli3carement Sery..~ce_ s Corno,~atian 1Q2 ay: _.. Tot. By: _ ------ Tale _.. ___ ,03 20. ENTIRE AGREEMENT. This agreement, Including any addendums Or exhibits, Conelitutes the entire agreement between the parties and no warranties, in- t04 eluding any warranty of habitability, agreements or represantallons have boon made or shall be binding upon either party unless herein set forth. t05 21. TIME IS OF THE ESSENCE IN THIS AGREEIr1ENT, 10t3 THIS 1S A LEQALLY BINDING AGREEMENT. IF NOT UNDERSTOOD BUYER AND SELLER ARE ADVISED TO SEEK THE ADVICE OF COINPE7ENT LEtrIAL 107 COUN8EL. tOB Buyer: MAX A. BOESIGER INC. Buyer's Address 6479 Glenwood Suite A _ 10s Weisel, Idaho 83703 Ito 8uysr: ~ _ ~ ~ Buyer's Telephone 2 ^' _ 111 seller: CAROL M. MARSHAI~I~, _ seller's Address ~~~ lnth Ave_ 112 Sart_F~anclsco, CA 94118 Its setter: ~~~-h-~-~.~-~'~ senate ~etepnona 415-387-0910 to , AdOENDUM Buyer shall have right to extend this C-urchase agreement closing1,iate to oC1 or before t15 June 30, 1945 provided that Buyer delivers to Pioneer Title i?In 'additional Ten Thad 118 dollars riot to June 30, 1994. In t,~e event Buyer does not close on or before 1u 3 ,1t~ 1994, the purchase price shall be Two hundred Forty Five Thousand dollars (~245.004.~0}18 All morales paid shall t>e non refundable, thereby" beln~ at the d[s peal to Seii r once t,s delivered to Pioneer Tltte. The original $5,000.00 earnest money shall only a 1 to ,20 the purchase price of $220,000 if the Buyer closed on or before June 30. 1994. Should 12~ Buyer extend the closing date to on or before June 30. 1995 only ih~ additional - 122 $10,000 earnest money sh~li apply to then increased purchase taric~ of S245,000.00. t23 Seller shall have right to enter Into i8n IRS 10-31 exchange ssi h tee t 12a to accomodate said exchange; however, closing shall not delayed. Should Buyer _ ~~ roceed to close Bu er shall ive Seller no less thad~ thl 30 s r r to 126 notice. _... , 127 FEB i?3 ' ~~ 1 ~1: 1 S PAGE .002 s ~~~~~~ s~ ., ~ ~ ~ ~ ~~ 1• 13 ~?~11~ 10 ~ as4asa~~a~ aaaa~~o »,srrw E ~ ^ n i -- RT -~ ~~~ sup. . ~. :, s'I"lal~lalaal~ I~L:!1~1~ ----~ '.~_'_-- ~R Twoo ~a a ~ so » ~ ~ n ~s P IS ~, 13 IZ 11 IC T I~~sfda tt ~trK Sub ay ~~ -~ ~ 5~~ PAP G M'- i ~y-6I ~i-z~ ~_ 1 ~a / 1 ~y i ~ ~ A~~~ ., ") , ~~_ ~R~DIAN r i° 0 ,, HUB OF TREASURE VALLEY COUNCIL MEMBERS OFFICIALS A Good Place to Live RONALD R. TOLSMA Treasurer Cit GASS JANICE L l B R CITY OF MERIDIAN OBERTRD.ICORRE y , . Engineer P'E.City H GAFlYD.SM WALT W. MORROW BRUCE D. STUART, Water Works Supl. 33 EAST IDAHO SHARI STILES JOHN T. SHAWCROFT, Waste Water Supt. Planner a Zoning Administrator KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 JIM JOHNSON W.L. "BILL" GORDON, Police Chief Phone (208) 888433 • FAX (208) 88711813 Chairman - Planning R Zoning WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8r. Zoning Commission, may we have your answer by: Aaril 5. 1994 TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4!12/94 REQUEST: Annexation/ zoning with a_preliminary plat for Westdale Park No. 2 BY: Max Boesiger and Hubble Engineering LOCATION OF PROPERTY OR PROJECT: West of Cloverdale Road. South of Fairview Avenue JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z _GHARLES ROUNTREE, P/Z _TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF REGLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: ~~~~~~ 1 N ry Public for / RPCirlina in r.1h 1, ~1 /cML~1~"1 ~.\1 ~{~.~tvL1~G~ .~~~,ui/f ~,,, ~.,, HL~I.~ EAi~irINEEF~IN~i, tom. ~o w. a. comic • eons, ~ ) ~ - F~c ~9) 3 ~~ WE A~tE S~ia1NCt, YES: ~j^ . A~ ~gted ,~ ~ - ~ ~~~~~ ~ ~~r fl /~a 9Y i ~` / ~. Rioond _ 8 -,~~ ~~ _ . -- ~ - -~ Dace s ~. •) ~ ~~ " ~ t 1 ~~ 1 Ll1~_ !1 .~ .. ,_ t ~ Ri. , t n u Q-,.~ _?90'3rJdd 9866 b8E 80Z 9E~bi b6! bi 2iCW A ra'- y'p'g• . . ,.~ ~•• -yiry M1' ~F.- ,y.."..'r.-.~ ro +~• ti ~~. ~~ i1 Pf~i•F ~~~~~~ir+~i.~ i•.~ ~'~M1 fi'~',, ,i ~ i7.'~ I FJ ~ i I.A Pr i~r~• .. ~';~„ i.,'re~•, . .t ` }~z" .~'f'dyr,'w,'1'r^' ,:~',J'~''i"~<,'' ~.1~~n:r~r~'';f +"%~ s' • ~. ~ '~~~ . adj..' e~rrrr ~ , ~°~~• ~~.~~;~ r.~~~' '':~• ~"~• ~~~..ff ' ~ ~4 ~"~'`' ~~~3:+~Y eye '•,~:9:~ ' FCR vAiL1E IiEpG=v~D,' ,UA1;rP.,,,~b:.::tGissGN~~,: ~ f~~' ,'fit''..,^~ ~ ,;, '`• ,'s""~';:;tt~'~~ '''', `~~.1•, husband and wife; ttie.~,Graa~arsr:``do,`?iereb ~a,n ~,; ~J'~L ~ ~ ~ ~! ,Q..', .. F:~'i~,; .;•~ I •„ern., Y, ,i~yF. .-,',~;;;.; ~ 'convey ur-to CAROM. MAYER MARSttALLi'' ~„,:m~rs;~ed~.~.w ;~';" s~3parate account and as ~eparate;;propei:l~-y; ~e',y~xari .. ' . address is 225 10th Avenue; San ~ ~Fxariciseo•," ;Cali~vrt~' , ' 4 ~• Pol].owing described premises, to-wit: '~°. , .r ;' A tract of land in the 5 1/2 NE 1/A of Section..9; • ~ ~,i ~'. 3 N. , H • 1 E . , g. M. , Ada Catutty r I$aho:,' aaose"pax;,~f • ' ticulas'ly described as follows: : , • ~'` :, IIeginniny at an iron pips marking the ~ast`.oi~e=qua.~k~ corner of Section 9, T. 3 N.r R 1 ~., s.M:, Ada'~Couati~-,. zddhu. r; ''iy~~; a 'i$.. Thenc4 North along the section line, 394.70 feet to ~ ~,;:~°`~' a point: ~ ,.. •:`~ '1'hc:nGe N. ©9°39' S1" W., 2680.87 feet to a ste.l' Pin', `~;~4`^. on Chs north-':+outh mid-section line of said Section .`` ~~C,~~~ Thence S . U ° 3 4' 15 lq. , along said mid-section ].itte, ; • •, =,i:" ~ ~ •" 1 ~ ~~~~ ]9A.G9 fc°e:t to a >aras~ Cap marking the center Cf said ~''°~;4.,.~ M~~ Suei.ion 9: ~ ' ~,~,~ ~~ ~'~~)`~`~'Pl~~.s~ec: :~. ~J°34' S1." L, along t1~L east-west mid••Section :• '~~ Zinc:, ''Gfi4,U0 test to the point of beginnkng. ;aid tzaeL• c~n4:ains 24.31 acres more or less, subject ' ~`~~ :~ '.o c+aaEmcnt~; 4k reaozd or in t~se, and subject t;o a , .' •' road e;~sement across the easterly 25 fast of the above=.~•:.''.~'`.~ ' deescribed tract which is presantiy occupied by Clove=da~;e;'.~ „, frond and contains 96G7 square feet (0.2265 acr'es). mbrc:;":~~r->a or less. • . , .• ' 'ko, Toyather. with all water and water rights, ditch;and ~~'. ~:•,,;.,. , diL-ch rights al7purtenant thereto. • ' ``~~'; :.. Lf,'~ 1 TO FihV~ ]1tVp Td HOLD THE 5AID PIZ:MZSES, with their.;appur~~; tenance3 unto the said Grantee, her heirs and,assi,gns;fo~8fi~s~: •~,.. , The said Grdntcrb do hereby covenant to and .with ti. Jsaid, ,Gxai}~~s that they era the ownezs in fee simple o= said ~•premise~ i • t1i~t `..s; '.h"~` • '~w ~1 .'.~ ~i 1VA121tA~T1' DLED~1 ..~ 'z .'r :!y~ . _ ~ ,' Ff, ,. ~,r,.r~;,! ~ .w w'Or1Yw..0."."~4~'',V:L"`' ~ e'~,'~y~.,, .; 5,' ; . ~~\:':` ~'~ i4+~r(.~",`- ~ ' d "-~ ' ~ w~ w,. '• •••.. ' ' ••-- •=";'""~` 1. ddWO~~ 311I1 •J33NO I d Wd96 : ~c0 bb : b Z ~t~6J .. E00 ' 3Jtld 9E66 b8E 802 ~,. +.' h • y(,'~ ~''!f lj °'o 1. ~,4i: '~:: ia.i?.J ''~T.r.ri[f Y, • srs• a .':~4 T~r,!1;? "` 4a. •f.~. •',:~,_y~s~~~1' ~~ ~~r'S~',•' ;~.M::Y,:N~~~rw„'~ir, ~H .~'~ ...~M 1 ,n t,{~ I, ~r~~' ,P~'~+ ~: .~. •"~i'' . i •s' a 4''~ a ~,'• ~`~~ ~• ~~• ~';eai8,gremisea are~free lieem,all,,~aevmbra.Dc_es~,,ex 's, ~§ ,'!f sY ..•,Y• .. ~ ,.f ~'Y~+.• ~...14ip,,nt r ~: R'~•.~t~r~Vi'{ ~~ii r`I~~• !.. `(.I ,. . ~ 'fV ~y'~':• 5, 7'. 1. 1 rN"M 14~'w Y•i. ~ ~,~'1• h .' . t4P .. o£ ..s Cosd,',;,aad ~ttiati'`. EI ~ •~: y. • ,~ ..•.~ro,,, ~ th y"w }~,••warraati~aad'; efsrid~~., may' t,'~.; ... `~f';... , ~. ~ , ,~ s f '~'.? i. ~',`~'{•i •.~Y+M 1~f~ yY~M~~~aY~',•,if,v~wM,Zir~R ~'!(.~'~~.,Y`2t'L!SY ,. '~• ,•., ail'••~awfuif'cia~n8 wlsataeeve~: r+'•~ • »3'''~~';,,.{:~i~,v~~} + ,~ la~•~ ~~ ' , `Dated•' this .~, •• ~'' day'. :~;.. :.~'•;~,,~.a'~~}'J,;'1g 80 ,. '~' .. cep;': ~~• _', it '~T• ~ f . ~ Y ~ • ,~ .~ ~ i"'17'~'.{'Y,: `ty •~,1 ~ r'' ~ Dale ~• Glb$OA',r ;,~l 4~, r•.~"•'r3'1~,.1 •~s~ ;~~i~",i~~ PameXa Y. Gibaon ..~': 9E~bT b6r bi JyW •~, ~~p~ , . rY•# Y, , .Y.~: STATE OF IDAHO ) ' ~ .~. , j• _• County of Add ) " :''.'~,,''f ••: On this day £ ~/ , 1980, before me, the '' ~`~~ i ' • undersi ned, a otar~pubi zn and ar said State, personally • •~~`'~' ~~`~" appeared DAi.E D. GIBBON an PAMELA I. GI850N, known to me to be'~~':~'~ s Y, the peXSOns whose names at•e subscxibed to the Foregoing instrtuneat'~ ,,'' • and acknowledged to me that they exECUted the same. • •' u~~ r4: Ti4 wiTNE55 WHEREOF, X have hereunto set my hand and seal '-'1'~;~%~:" on the date dnd year last above wXittan. f/~ f d,~. N,ota Z c Lor Ydahd7;,•-. ~ ~`- ',.,~;;.: . ~~tesi ng at Bois •hoti~ ' ~~,: ' • My Commisaioa xpire$ .~,`i ~. r.,:;n: .~~: ; • ~ ... .. ~ c. ,~N,°ii •v R9A, ~~ 'air?' .,~. :.; ~ c; ~,x~~e, r~,Y;u, or ~+ L~f1CAG0 ~ISLt: CO. : ~. ,' :,., ' ~•YntmS711'1sr;.rd01 ~ _ d~any ~ '. ~'•`:'.:i:W s'r.. p~'wn.~is~Ll. ~'xl,.. M ~Mi ~ ~ fi ~'+. ~ ~, ' ~,~+;°}~e • ~~ IOµN ' + ,Xis .~~~~ ~''~ X17 • .. '; :•, 4.~.~., .. .\I ., ' WAR1iANTY DEED-2 LNp • iE ' d JINddW03 3~l I l ~l33N0I d WdL6 : 20 bb : b T dN6~• Ft13-L•`~-'j4 WtL 14:13 P1f~X fi. !lUb~1~~tK. lhtl.:. L~J38~3~J5~7 P. 02 ' C / {REAL ESTATE ' '"PURCHASE ANb SALE AQREEMENT (CONTINUBO) ~ IS. R18K OP L08E. Should tho Property bo materially damaged by firs or other cause prior to closing, unless Buyer has lakes pobseasion prior to cbsing by 87 88 Agrsomenl, lhit agreoment shall be voidable at the option of Ure 9uye-. • r- ~ 1Q. CaNOITION OF PROPEtTI'Y AT CLOSING. Buyer agrees to purchase the Properly in a5 18 condition, where i6, Niltl all faults. Buyer wdl assume all oblige- oroinary wear and tear excepted, and loss by until the Closing In its present Condition rt r i th i ll 89 90 , y e p ope n nld ma ~ lions with respect to the Property. Seller sha Casually. The heating, ventilating, air Condllbning, plumbing, slevaloh, loading doors and eleclrlcal systems shall oe In present operating ordor and condition 9t ~7 at the time of closing, unless otherwise pgrood to In wriltnq. 92 Q t7. INSPECTION. The Buyer h~roby acknowledges further that Buyer has not received or rolled upon any slatemenls or representations by the Broker or Broker's The Buyer has entered into this agreement relying upon Inform alien and knowledge obtained rein expressed hi r t h h l 83 94 . are io e er w c representatives or by the Sel from Buyer's own Invesligalion er personal inspection of the premises. 95 a te. ADDITIONAL PROVISIONS. Additional provisions of this Real Estate Purchase and Sate Agreement, N any, are attached hereto by an addendum consisting 88 ~- e~ a pages. 8u er 19. AGENCY DISCLOSURE. Al the time of signing this agreement the agent working with the Buyer represented Y 98 and the agent working with the Seller represented Seller ,,. _ .Each party signing this document confirms that prior written disclosuro of a9encY was provided to theM in This Iransaclion. Each party to this transaction has read and understands the Contents Of the agency 99 ;00 disclosure brochure previously received. Listing Agency: __NAW KINS ~~ CANNAR~A_TO _~. Selling Agency: 1~~9i'ment Services Cort~ot^ati~ ~o~ 13y: Y,• Tale By. _.-~__ Te1e _„ ___ 103 Z0. ENTIRE AGREEMENT. This agreement, Including any addandums or exhibits, constitutes the entire agreement between the parties and no warranties, in- ntations have been made or shall be binding upon either party unless herein eel forth. t 104 toy s or represe eluding any warranty of habitability, agreemen Z7 TIME IS OF THE ESSENCE IN THIS AGREEMENT. 1~8 THIS IS A LEQALLY BINDING AGREEMENT. IF NOT UNDERSTOOD BUYER ANO SELLER ARE ADVISED YO SEEK THE ADVICE OF COMPETENT LEQAL ; 9 COUN8EL. Buyer: MAX A. BOESIGER INC Buyer's Address 6479. Glenwood Sui e A tpg 6oise, Idaho 83703 tto Buyer's Telephone r ~' tit . ~,. ~ ~ 9uyer; _ Seller: CAR 1. M. MA HAI.,I, - Seller'a Address .~C+~2.. 10th Ave CA 94118 t12 San ~ranclsco, 1t3 Salter; ~~i 1 a ~.la Seller's Telephone 415-387-0910 114 • , AOL?ENDUM Buyer shall have right to extend this .,uurchase agreement closin4~ate to oil or befor_~ its June 30 1995 rev ided that Bu er delivers to Pioneer Title n 'additional Ten Thcwsand its dollars rior to June 30 1994. In the event er does not cl on r f re J 1'1~30,tn 1994 the urchase rice shall be Two hundred Fort Five Thousand dollar 245 },8 All monies id shalt be t>fon refundable thereb bet at the d[s peal to Setl one 119 delivered to Pioneer Tltie. The on that 5 OOO.OQ earnest mono shalt onI a 1 to 120 the rchase rice of $22Q U00 if the Bu er closed on or before June 30 1994 Sh ld ,21 Buyer extend the closing date to on or afore June 30, 1995 ont the additional ,rz $10,000 earnest money shill agp1V to the increased purchase price of S245~000.00. - t23 Seller shat! have ri ht to enter Into tan IRS 10-31 x d estop this agreement tea to accomodate said exchange; however, closing shall not bg delayed Should Buyer t28 roceed to close Bu er shall ive Seller no less thalM thl 30 s r r tten t2s rwtice. --• 127 F E B 23 ' 94 1 4: 1 5 PAu'E . a0~ .~ i~ ~s~ ~e _~~ RUBBLE ENGINEERING, INC. 9550 Bethel Court ^ Boise, Idaho 83709 2081322-8992 ^ Fax 208/378-0329 ~~March 3, 1994 Ms. Shari Stiles City Planner City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: Annexation and Zoning of 12.15 Acres Proposed Westdale Park Subdivision No. 2 Dear Ms. Stiles: On behalf of Max A. Boesiger, Inc., we hereby request that the property described in the attached application and legal description be annexed into the City of Meridian. The present land use is pasture and farmland. The proposed land use for the entire property will be single family residential. The present zoning is R-T (Rural Transitional) in Ada County. The proposed zoning is R-8 in the City of Meridian. The property adjacent to this parcel on the East is zoned R-8 in Ada County. The property on the South is M-1 in Ada County, and to the West is Crossroads Subdivision with single family residential lots. Additionally, we are requesting approval for the proposed Westdale Park Subdivision No. 2 preliminary plat located on 12.15 acres and containing 39 building lots designated for single-family development. This provides 3.2 dwelling units per acre, the R-8 zoning proposed for this subdivision sets a maximum of 8 dwelling units per acre. The proposed annexation and Westdale Park Subdivision No. 2 preliminary plat conform with the Meridian Comprehensive Plan Land Use Map as a single family residential subdivision. 1 ~~ Ms. Shari Stiles March 3, 1994 Page 2 This subdivision will contain new sanitary sewer and domestic water mains which will be extended through Crossroads Subdivision to serve this development. The streets are proposed as public streets and will conform with Acia County Highway District standards and Meridian City Ordinance. All sidewalks within the subdivision will be five feet in width. The square footage of the lots and the minimum square footage of the homes will conform with the requirements of the Meridian City Ordinance. No variances are being requested at this time. Thank you for your time and consideration. Please call if you have any questions. Sincerely, James C. Merkle, P.E. Attachments cc: Max .Boesiger, Inc., Max Boesiger 6479 Glenwood, Boise, Idaho 83703 JCM/mf/916A.LTR ~. /G 'u+\ 920 SURVEy~Q~ RUBBLE ENGINEERING, INC. 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-0329 February 23, 1994 Ms. Sheri Stiles City Planner City of Meridian 33 East Idaho Street Meridian, Idaho 83642 RE: Westdale Park Subdivision No. 2 Annexation Dear Ms. Stiles: I, Tracey Persons, hereby promise to post a legal notice of public hearing for the Westdale Park Subdivision No. 2 Annexation hearing 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. Tracey P ACKNOWLEDGEMENT State of Idaho ) ss County of Ada ) On this i day of ImctrG~ , 1994 personally appeared Tracey Persons, whose name is subscribed to the within instrument and who acknowledged to that she executed the same. ~ '~•. Notary Public for I ~aho~.~'~~4o~ov® PFG•'•., Residing in Boise, Idah'Q~~ ~ ~.~ ~Rcy l~y bond expires 3'7-9 SA `C- "' `" RUBBLE ENGINEERING, INC. `~ y 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-0329 Project No. 92-100 WESTDALE PARK SUBDIVISION NO. 2 ANNEXATION DESCRIPTION 3/1/94 A portion of the SW 1/4 of the NE 1/4 of Section 9, T.3N., R.lE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the quarter corner common to Section 9 and 10, T.3N., R.lE., B.M.; thence North 89°21'21" West, 2684.55 feet to a brass cap marking the center of said Section 9 and the REAL POINT OF BEGINNING (Initial Point). thence North 00°47'11" East, 394.69 feet along the North-South mid-section line to a point; thence South 89°21'22" East, 1340.35 feet to a point on the East boundary of the SW 1/4 of the NE 1/4; thence South 00°30'24" West, 394.70 feet to the C-E 1/16 corner; thence North 89°21'21" West, 1342.28 to the Point of Beginning. Containing 12.15 acres, more or less. Prepared By: RUBBLE ENGINEERING, INC. s. ,p ~ r~~ ~ ~ ~ ~ o 'O jT ~ o r ~° Jv~ \R 8~Y ~~ D. Terry Peugh, L.S. is\453.des JAN-14-1994 17 11 FROM CITY OF MERIDIAN TO 3780329 P.01 ~-. .-~ APPLIATION FOA ANNEXATION APPROVAL & ZONING OR REZONE M88IDIAN PLANNING AND ZONING COMMISSXON FIL2NG 2NFoRMATIaN I. QENERAL INFORMATION Westdale Par Su division No. 2 (PROPOSED NAME OF SUSbZVISION S1/2 of the NE 1/4, Section 9, T.3N., R.lE., B.M., Ada County (GENERAL LocAx~oN} Attached ' {LEGAL DESCRIPTION - ATTACH IF LENGTHY) Carol M. Marshall _ _ 04.15_) 387-0910 (OWNER{$) OF RECORD) (NAME) {TELEPHONE NO..} __ 225_ lOt_h_ Avenue, San Francisco California 94118 {ADDRESS} ~2,„~A. BOPRigg~~ 7n~ _ ~ Max R(~PRI gPY (2O8). (APPLICANT) (NAME') {TELEPHONE N0.) 6479 Glenwood Boise daho 83703 {ADDRESS) Hubble Engineering. Inr_., James C. Merkle L P.E. (208)322-8992 (ENGINEER, SURVEYO}~ OR PLANNER) (NAME) (TBLEI'HONE N'0.) _~~„~Q W. Bethel Court_ Boise. Idaho 83709 (ADDRESS) City of Meridian {JURISDICTION(S) REQUIRING APPROVAL) Residential (TYPE OF SUBDIVISION - RESIDBNTIAL, COMMERCxAL, INDUSTRIAL) +50 ACa85 OF LAND IN CONTIGUOUS OWNERSHIP. ACCF FTSD BY : ) ( FHI3 ~I 1~ ~` ~ ^~A~ ~ / ' o~~ ~ y F~~®~A~i go- o l - ~G . , 4 I ~ (. 6 r~ COURT ~N`' ~~ ~ -~ L ~, r g. 3 ~~~ 4 .~ i l---i o Q 0 ~~ .~ e ~ e s a a 2 ~i G~s~or ~ a i ~b _ '. _. a 3 •--- 0 J 9 8 ~7 6 S a 3 2 1 V~, uNiou WESTDALE PARK SUBDIVISION NO. 2 PROPERTY OWNERS WITHIN 300' Southern Idaho Corporation Seventh-Day Adventists P.O. Box 4878, Boise, Idaho 83711 Carol Mayer-Marshall 225 10th Avenue, San Francisco, California 94118 Joe Dobaran and John and Arvella Dobaran 355 South Cloverdale Road, Boise, Idaho 83709 Ronald W. Vanauker 3084 East Lanark, Meridian, Idaho 83642 Cloverdale Park, Inc. 1200 North Cloverdale Road, Boise, Idaho 83704 James M. and Elise L. Boyd 1355 North Cloverdale Road, Boise, Idaho 83704 Lee R. and Heidi Ann Coulson 4619 E. Driftwood Drive, Meridian, Idaho 83642 Robert C. and Lorna V. Barrows 4601 E. Driftwood Drive, Meridian, Idaho 83642 Daryl P. Elliott and Marcie P. Laveaga 4583 E. Driftwood Drive, Boise, Idaho 83704 Tucker-Labrum Construction, Inc. 419 Fletcher, Nampa, Idaho 83685 David S. and Kristie K. Hathorn 4547 E. Driftwood Drive, Meridian, Idaho 83642 Max A. Boesiger, Inc. 6479 Glenwood Drive, Boise, Idaho 83703 Kurtis R. and Marilyn K. Fuller 4511 E. Driftwood Drive, Boise, Idaho 83704 Warren L. Miller and Densie A. Conant 4493 E. Driftwood Drive, Boise, Idaho 83704 Page 1 of 4 Robert J. and Catherine A. Woods 4475 E. Driftwood Drive, Meridian, Idaho 83642 Guy and Teresa Engelhardt 4457 E. Driftwood Drive, Boise, Idaho 83704 Landmark Homes, Inc. 680 N. 9th Street, Boise, Idaho 83702 Lawrence P. and Melanie A. Ineck 4421 E. Driftwood Drive, Meridian, Idaho 83642 Tanya Porter 4620 E. Driftwood Drive, Boise, Idaho 83704 Helen L. Stiles 4602 E. Driftwood Drive, Meridian, Idaho 83642 Raymond and Ranee Flaherty 4584 E. Driftwood Drive, Meridian, 83642 Thomas A. and Robin Lynch 11610 Rose Briar Lane, Nampa, Idaho 83687 Darrel and Tami Jo Lawson 4530 E. Driftwood Drive, Meridian, Idaho 83642 Scottsdale Construction, Inc. 11431 West Hickory Loop, Boise, Idaho 83704 Lifestyle Homes, Inc. 680 North 9th Street, Boise, Idaho 83702 Haun Group, Inc. 1707 Linda Vista Way, Boise, Idaho 83704 Canyon Crest Homes, Inc. 531 E. Provident Drive, Bone, Idaho 83706 John and Sebrena 4422 E. Driftwood Drive, Boise, Idaho 83704 John L. and Stephanie Miller 12190 Mesquite Drive, Boise, Idaho 83709 Page 2 of 4 Kimberley Wageman 12172 W. Mesquite Drive, Boise, Idaho 83704 James D. and Betty Needham 12154 W. Mesquite Drive, Boise, Idaho 83704 Steve and Yvette Westendorf 12136 W. Mesquite Drive, Boise, Idaho 83704 Gary Dahlquist 12118 W. Mesquite Drive, Boise, Idaho 83704 Ronald and Cynthia Gould 12100 W. Mesquite Drive, Boise, Idaho 83704 Harold and Patricia Mason 12082 W. Mesquite Drive, Boise, Idaho 83704 Jack and Terri Kawakami 12064 W. Mesquite Drive, Boise, Idaho 83709 Nathan and Linda Wilson 12046 W. Mesquite Drive, Boise, Idaho 83704 Donald and Kelly Shrumm 12038 W. Mesquite Drive, Boise, Idaho 83704 Steve and Tamra Manning 12191 W. Mesquite Drive, Boise, Idaho 83704 Howard and Susan Stearns 12173 W. Mesquite Drive, Boise, Idaho 83704 Rand and Katie Reid 12155 W. Mesquite Drive, Boise, Idaho 83709 Michael and Kimbirle Lutz 12137 W. Mesquite Drive, Boise, Idaho 83709 Russell and Teresa Atkinson 12119 W. Mesquite Drive, Boise, Idaho 83704 Page 3 of 4 Richard Hand and Diane Mathias 12101 W. Mesquite Drive, Boise, Idaho 83709 Christine Klamt 12083 W. Mesquite Drive, Boise, Idaho 83704 Kevin Hoffman 12065 W. Mesquite Drive, Boise, Idaho 83704 Cari Magette 12033 W. Mesquite Drive, Boise, Idaho 83704 Page 4 of 4 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on June 7, 1994, for the purpose of reviewing and considering the Application of Max Boesiger for annexation and zoning of approximately 12.15 acres of land located in the S 1 /2 of the NE 1 /4, Section 9, T. 3N, R. 1 E, Boise-Meridian, Ada County, Idaho, and which property is generally located on West of Cloverdale and South of Fairview Avenue. The Application requests annexation with zoning of R-8. Further Applicant requests Preliminary Plat approval of the parcel of land above described for 39 single family dwelling lots for Westdale Park No. 2. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and alt interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 16th day of May, 1994 WILLIAM G. BERG, JR., CITY CLERK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on April 12, 1994, for the purpose of reviewing and considering the Application of Max Boesiger for annexation and zoning of approximately 12.15 acres of land located in the S 1 /2 of the NE 1 /4, Section 9, T. 3N, R. 1 E, Boise-Meridian, Ada County, Idaho, and which property is generally located on West of Cloverdale and South of Fairview Avenue. The Application requests annexation with zoning of R-8. Further Applicant requests Preliminary Plat approval of the parcel of land above described for 39 single family dwelling lots for Westdale Park No. 2. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City HaH, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 22nd day of March, 1994 WILLIAM G. BERG, JR., CITY CLERK II Iii ~~~' ~ I j ~ ~~,,~ ~ ;' i '! f 1 ; i I ~ ~ ~'~ i ; , ~ , '' ~ i i ~ ~~i ~ ~~ l i l II ~~ i O i it i ! ~ ~ ~„ ~ .., '~ ~~ ~ ~~ I ~ ~ 1 ~f/ , `~ ~ aiy --~-- .`. ~ ~ yo-, !~ ~ `-'~ ~ ~ i ~ / I ', ~/ .1\ a, ~~~i C .'i ~ i j, ~. ! w 3 1 x i ~ ~ _ i ~ ~ i. ~~. ~~ ~ ~~ ~Y~ ~ ~~ ~ ~ ~\i ~ ~ t i i ~ ~ y a~ ~~ ~ ~? ~ ~~ i a. ~ j -~ .h f + CAi `.~~ ~ Q ~ ` ~ ,~ i 1~ I ' ~ ~ t ,~ F ~ l~ ~ C I ~! ;~' ~ ~' i w? i Ci ~ S i ~ ~ ii i ~ c % 1~ n. S ~` {~/ i C- -.-°-'fi'r z '~, i \ ci£~ ~t'~ ii s '~ ~~ ~ ~ ~: ~ ~ 'DJ ~ Z D O ~ t+'I C ~ .!) 2~ ~? N ~~~ i ~ ~ ~ e~~ ! r+ ~ ~fi I ~ G7 ~ ~~ ~ rZ„ ~ t A ` ! ~ ~ ~~ ~~~ ~ $ ~•~ -~