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Chamberlain Estates No. 2 FP~B OF TREASURE VALLEY ~~ 4 'WILLIAM G. BF_RG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FA,X (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers I.ioense (208) 888-4443 ROBERT D. CORRIE Maya COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk ay: July 30 1996 TRANSMITTAL DATE: 7/9/96 HEARING DATE: 8/6 /96 REQUEST: Final Plat for Chamberlain Estates No 2 BY: Ke in Howell LOCATION OF PROPERTY OR PROJECT: East of Locust Grove Road. South of sti k Road JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P2 ROBERT CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, 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 PLANt~FING 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 RECLp,MATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: ~~~ A Good Place to Live CITY OF MERIDIAN ~uL - 9 ~sss CITY OF ~ ~~II~IAN ,, • ENG1iy,~ • '`' `~ RUBBLE ENGINEERING, INC. 9 ~ 9550 Bethel Court ^ Boise, Idaho 83709 2081322-8992 ^ Fax 2081378-0329 _~ URVEi June 28, 1996 City of Meridian Ms. Shari Stiles, Planning & Zoning Administrator 33 East Idaho Avenue Meridian, Idaho 83642 Re: Chamberlain Estates Subdivision No. 2 Dear Shari, On behalf of Kevin Howell we hereby submit the attached final plat application for your review and to then be placed on the next City Council meeting agenda. This final plat is in substantial accordance with the conditions of approval of the preliminary plat, or the conditions thereof, and the provisions of the City of Meridian Subdivision Ordinance. This single family residential subdivision is also in substantial conformance with the City of Meridian Comprehensive Plan, and conforms with all acceptable engineering and surveying practices and local standards. Existing sewer and water mains will be extended to serve this project. Streets, curbs, gutters, and sidewalks will be constructed to standards as required by the Ada County Highway District and Meridian City Ordinance. All sidewalks will be five (5) feet in width. Please confirm the hearing date on which this final plat will be heard by the Meridian City Council. Thank you for your time and consideration and do not hesitate to call if you have any questions. Sincerely, ~~~~~ Tracey Persons Project Coordinator d:\chamb2.ltr _.b ... • SUBDIVISION EVALUATION SHEET Proposed Development Name CHAMBERLAIN ESTATES SUB NO. 2 ~ City MERIDIAN Date Reviewed 5/12/94 Preliminary Stage XXXXX Final Engineer/Developer Hubble Engr. /Howell Construction The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE. The street shown on the plat as "COUGAR CREEK DRIVE" is in alignment with an existing The Street name comments listed below are made by the members of the STREET NAME COMMITTEE- (under direction of the Ada County Engineer) development in accordance with the Boise City Street Name Ordinance. _ Date /Z ~. ADA C UN Y regarding this The following existing street names shall appear on the slat as• "E. USTICK ROAD" _ "N. LOCUST GROVE ROAD" The followin new street names area roved and shall a ear on he lat as: "N. CHANTILLY ~E N~ hPf' ~i ~ ~ 0.~' "W. CHANTERELLE Rt E " °W. CHI4NT~R~t,~ CAURT" street and therefore shall be named: "N. LAUGHRIDGE 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 in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, G NCY R R NTATlVES OR DESIGNEES Ada County Engineer John Priester Date 5 /Z Ada Planning Assoc. Terri Raynor r~-L--~ Z Date .°> ~--~ ~f~ ~~~ Meridian Fire District Representative ~ ~- Date ~~5~ NOTE: A copy of this evaluation sheet must ~~95 pre t to th~ County Engine a~t the time of signing the "final plat", otherwise the plat ill of be signed !!!! Sub Index Street Index NUMBERING OF LOTS AND BLOCKS n s~ID~ A•PIP2sd~t7, ®~~~5 0,~1 wNi ~ P/1~.56- TRISUBSISM_CtTY.FRM F%c;~~N/~i~ ~/~S~ ~~,~y/'z/~( Fri Jun 28 i r -~M-~-s 34 1 • REQUEST FOR SUBDIVISION APPROVAL FINAL PLAT PLANNING AND ZONING COMMISSION u__ s_~ ~ ' : u ~ A request for preliminary plat approval must be in the City Clerk's possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 p.m., Thursday following the Planning and Zoning Commission. GENERAL INFORMATION Name of Annexation and Subdivision, C:hamherlain Estates Subdivision No. 2 2. General Location, N %2 of the S % of Government Lot 4. of Section 5, T.3N., R.IE.. 3. Owners of record, Kevin A and Irenen K Howell Address, 3451 Plantation River Drive. Boise ,Telephone (2081867-4424 Idaho 83703 4. Applicant, Kevin A. Howell Address, 3451 Plantation Rive Drive, Boise. Idaho 83703 5. Engineer, James C. Merkle Firm Hubble Engineering, Inc Address, 95~Q Bethel Ct.. Boise. ID 83709 ,Telephone ~?~Z$1322-8992 6. Name and address to receive City billings: Name:~,~lica_nt Address: Telephone PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres: 9.71 2. Number of Lots: 34 29 building and 5 commonl 3. Lots per Acre: 2.98 4. Density per Acre: 2.98 5. Zoning Classification(s): R-8 • 6. If the proposed subdivision is outside the Meridian City Limits, but within the jurisdictional mile, what is the existing zoning classification N/A 7. Does the plat border a potential green belt No Have recreational easements been provided for No 9. Are there proposed recreational amenities to the City No Explain N/A 10. Are there proposed dedications of common azeas Yes Explain Landscape common lots and 15' bike path easement For future pazks No Explain NA 11. What school(s) service the azea Meridian Do you propose any agreements for future school sites No Explain N/A 12. Other proposed amenities to the City X Water Supply X Fire Department X ,Other . anitary Sewer Explain 13. Type of building (residential, commercial, industrial, or combination) Residential 14. Type of dwelling(s), single family, duplexes, multiplexes, other Single Family 15. Proposed development features: a. Minimum squaze footage of lot(s) 6.5~ S~ Ft. b. Minimum squaze footage of structure(s) 1.350 Scl. Ft. c. Are garages provided for Yes squaze footage 400 sq. feet d. Are other coverings provided for No e. Landscaping has been provided for Yes Describe Covenants will require landscaping for each building lot and lots 22 & 35. Block 2 will be landscaped. f. Trees will be provided for Yes Trees will be maintained Lan ing on Lots ~~~, Rlnck 2_ will be maintained by the Homeowners Association. g. Sprinkler systems aze provided for Yes • h. Are there multiple units No Type Remazks N/A i. Are there special setback requirements No Explain N/A Has off street pazking been provided for No Explain N/A k. Value range of property $100.000 + 1. Type of financing for development ~ta~dazd m. Protective covenants were submitted Yes Date with final flap t annlication 16. Does the proposal land lock other property No Does it create enclaves No STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks aze to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. is Iformisubapp.mer .~ I , • ~ RT --~,~" , I t a see. ~ ~ ,. 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I$' l' ~~ j~ x I 1~ W. ~j •s 3 l~ ~,~~-~. ~ /c,` 'N~ \v y/ • • RUBBLE ENGINEERING, INC. 9550 Bethel Court • Boise, Idaho 83709 Project No. 93163-01 CHAMBERLAIN ESTATES SUBDIVISION N0.2 2081322-8992 • Fax 208/378-0329 June 18, 1996 The North 1/2 of the South 1/2 of Government Lot 4 of Section 5, T.3N., R.1E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the quarter corner common to Section 6 and the said Section 5, from which the Northwest comer of said Section 5 bears North 00°24'35" East, 2603.50 feet; thence North 00°24'35" East, 1648.90 feet to a point; thence South 89°35'39" East, 45.00 feet to the REAL POINT OF BEGINNING (INITIAL POINT); thence North 89°35'39" West, 45.00 feet to a point on the West boundary of said Section 5; thence along said West boundary North 00°24'35" East, 318.20 feet to a point; thence South 89°38'45" East, 1327.39 feet to a point on the East boundary of said Government Lot 4; thence along said East boundary South 00°26'05" West, 319.39 feet to a point; thence North 89°35'39" West, 1282.25 feet to the Point of Beginning. Containing 9.71 acres, more or less. Prepared by: NUBBLE ENGINEERING, INC. D. Terry Peugh, P.L.S. DTP/bh/1333.des ... ~ ~ ~ % .i • l~ .. , .. ~.. ou~~,. WARRANTY DEED ~•:-~ nev s. x=t,p~t end ~rrw uu rRts~a, te~eber~ ~~!~-~;.; i v ac ~ +r•,.~nr!talr r~!szs+~d ho ee c~arfboc. does hse~- ~aett,le•lo~~.•~sI ~bF~f~ ~sco ia?VI~ 11. F~r?Ji, end DQlL X. IQE~d.. h~Mbeed aed ulfe, Av-+e~,-reftior rr~rrtad C~ es G1eanCre. r+oer dees+~t a~~ L 6901 M. MMin. ~, ?D ~'f/0r tt+r to2loMttq ~ pie+snt~, bD-witt 'i!n e~-tn *,e1 f of the rba!!e tall p! ~ ~, seetl,on S, 'ro.nehi~ 3 T~'tl~, etrry, I P~eE, 9ad,ee Merl4~ae~. flee ~~7• r+delo 1V FelV6 fITO TO Fq[D the set4 pree~sess, ~dtht tleedr appeat~se~oa urto tltie sas4 c~~ertee. hss T+ei~s ero ewe s~war. ]led el~s ~sid cfcyrstro~c Hors t+ezey+ meet m end +e.e3, tl~s aeld t~ae~Res, ~ ~ L ~ aa~ Lt ire siupSe a~ eeifl ~~; et,et eta pte~ser ~ ~ Isar ail r~ouelstirr~r te~eeee pesia cease, lenses, end aseies~ets, and aorpt V. ~. ~enb ise~rsda+e. sasttrl~ctiate, eaaeaerel~ of x~eooet+3, end e~1RSt v,Wbl~s ~ tlfs pee~laes, and tfiet tilraeewr' xill vna~t end defend the ear live all cleiers ~lsoe~. ovderl: tae~+taQ ~'-} 19'93- nn,, ^. '1I /~~Y//~' •J /j Y y~~~ ~L... 1•lJr~~. _ -- K 1~ ~yy~ i` ~AM~ ^ JJI end ~ 8~td ~f ~ ~ MiT ~~ w`Wii~ aed ~lte'a [Q1 AiJ.~a, 1Q101S1 ar ldentif s8 t0 bs the ~a~~r ~A~ef tleeas ,aos bad m tits witf~tn 2. ~ ]~eclsjed b0 es that !lfa~r Maetnd tha es~ee. i ~~~ ~// ~~~~ ~'' ft~~ra ~ aKa~ ~ eox~,w~o ` M- oorn+~ston e~s•+zs~ First American Title Corrtpany of Idaho R 14 '94 15:00 r D .~....~c.,.~ ~Y SUBDIVISION EVALUATION SHEET Proposed Development Name CHAMBERLAIN ESTATES SUB NO 2 ~ City MERIDIAN Date Reviewed 5/12/94 Preliminary Stage XXXXX Final Engineer/Developer Hubble Enar. /Howell Construction The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE. must be recorded in numeric order ~ ~ ~ K- Date S /Z ~. The Street name comments listed below are made by the members of the ADA C UN STREET NAME COMMITTEE- (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The street shown on the plat as "COUGAR CREEK DRIVE" is in alignment with an existing street and therefore shall be named• The following existing street names shall aaaear on the plat as• "E USTICK ROAD" "N LOCUST ROVE ROAD" The followin new street names area roved and shall a ear on h lat as: n "N. CHANTICLY~~ Nir, hPF ~~~ l- ~t.lr` "W. CHANTERELLE Ri E " `~W. CHEF T~R~t,LE UR " "N. LAUGHRIDGE AVENUE" i ne 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, ATlVES OR DESIGNEES Ada County Engineer John Priester Ada Planning Assoc. Terri Raynor Meridian Flre District Representative NOTE: A copy of this evaluation sheet must b~p~l time of signing the "final plat", otherwise the plat Street Index Date S IZ ~ Date ~ ~-- 9f~ _ ~~~ r Date ~~5~ r~~~'S to the Ada County Engineef• s~t the be signed !!!! Sub Index NUMBERING OF LOTS AND BLOCKS JOT ~°/I,d~t7. ~~Ij71,~'JS 0~1 wNi ~ Ql~s6-s TRISUBSISM_CITY.FRM T21CE2PLAT Fri Jun 28 10:33:34 1996 RLC • s M -.*.-s Chamb~~a~es HOA July 21,2000 City of Meridian Dear Sir or Madam; PO Box 811 ~en ID 83889 REcE~D J U L 3 1 2000 CI'I'y' OF MEiIIt~i~N PLAi'a'NING ~4i ZOr~ING RE°E~D J U L 2 4 ?000 crrY of ~x~nra~v The Board of drectors of Chamberlain Estates hereby submits the enclosed petition requesting either a DEAD END sign or a NOT A THROUGH STREET sign. We request a sign be placed on Cougar Creek after the intersection of Cougar Creek and Chianti and before Cougar Creek meets Laughridge. We have had a large number of cars continually attempt to go through Kamay Dr. which is a dead end street We believe this w~DUki improve the safety of our neighborhood. BOARD OF DIRECTORS John Waddoups-President-898-0237 Bob Hart-Vice-President-884-3291 Chrysta Hunter-Treasurer-895-8095 Betty Hood-Secretary-884-0226 Wednesday, July 19, 2000 To: Chamberlain Estates Board of Directors Attn: Betty Hood I have enclosed the appropriate paperwork that you requested regarding getting a petition signed from the homeowners on Kamay Drive. The petition requests that the City of Meridian install a "not a through street" sign to discourage drivers who think they are going to get back to Locust Grove Road from Kamay Drive. As you can see from the attached plat, Kamay Drive ends in a cul de sac. As a homeowner of two years who lives midpoint down the street, I see countless cars coming down Kamay looking for Locust Grove. When they head back to return to Cougar Creek Drive, they are obviously irritated and drive faster than they should. The attached petition was signed by 17 homeowners. I sent out apre-letter to each homeowner telling them I would be around with the petition. There were 5 homeowners who called me and gave me a verbal "yes", but I was unable to reach them at home to get their signature after several tries. I have added them at the bottom of the list. We now have several young families with kids on Kamay. We would request that something be put in place before school starts. Thank you very much, Marlene and Don Minegar 1798 East Kamay Drive enclosures: Pre-letter advising homeowners of intent Plat of Chamberlain Estates Subdivision To: City of Meridia~ ~ JULY, ?000 Regarding: Chal'~[berlain Estates The homeowners who live on East Kamay Drive in Chamberlain Estates wish to formally request that a `NOT A THROUGH STREET" sign by erected in their subdivision. (See attached plat) Kamay Drive lots have all been sold and built out, and yet we see a significant amount of traffic driving down our street looking for a through street .back to Locust Grove. Kamay Drive does NOT go through to Locust Grove and this results in impatient aggravated drivers speeding back down the street to exit on Cougar Creek Drive. By erecting a sign near the corner of Cougar Creek and Laughridge, people would be informed that Kamay Drive is not a through street. We appreciate your help in this matter. We understand that a petition must be circulated and signed prior to this action. See the signees below. PRINTED NAME TTEN NAME ADDRESS -7'l ~ ~tl / Tod ,~ £~ 1v 1 ~~: 6 ~ ~?.~~ 1tA~.,,~a fn i k~ o `t 7 y g ! ~' ~ ~ `iU ~l~ C~B F K.. ~ t ,. r'e ~ r / 7oZ ~ L' ~.;~ ~ M S ~ M ~ ~ ~~ QP(a~ TGur v' L ~1..5 ~--~ ~ 60 ~, ~ ~ • 1'~0~ I~.iC ~t-A ~ ~.. ~t}R.lLS ~ 1 ~ 1 ~ ' ~ c - l~f1-~, ~ `-T Jer ~ GU S / / ~ ~ Q r/r ~ L S ~ /~ 5- c~ ~vts, ~ ~ OTF~T~D~ - ~ ~ g ~ ~ l~ ~~ N ~ ~ - U~ 8i~. ~ ~~Z ~~~,v oT E-d~e~-~ /9~~ .~ ~ir~~- oav~,E sT' D ~ ~ DDD •~ UST' o%dlAyF l~6~.~ -~p /9~6 E ~~4~.¢- ~- ~ ~~ ~,`,~t{ rt ~ R ~, • ti.,«°x~.~ CCU ,- ~ ~ ~ ~~ ~ ~ ~~ ; ~ ~ ~' ~ , r, ,'`'f i 1 ~~ ~~ ;,~ r'~ ~~7~. ~~~~ ~,. ~~ ~ !iv~~ ~~ ~~ ~ ~ ~ ~~ /g~~ ~~ y . y-~ ~~~~ '` ~~ TO K~=MAY DRIVE RESIDENTS .~ JUNE 2000 i~~i ~'~ ~~~_ /~ ,,-- ~~ ~~~~ ~ 9~~" ~~ HI FELLOW KAMAY DRIVE RESIDENTS: ~~~-~~6~ My name is Marlene Minegar and Don and I live at 1798 East Kamay. We welcome all of you to Chamberlain Es- tates. Now that all the homes on Kamay Drive are com- pleted and folks have moved in, we would like to propose that we have a "NOT A THROUGH STREET" sign erected on Cougar Greek Drive. My husband and I are home a good part of the day and we notice many cars that come down Kamay Drive and then turn around and drive out as soon as they find it is not a through street. Our proposal would limit the amount of traffic on Kamay to just those people who live here and their guests or service people. I am told by the Homeowners Association that all they re- quire is a petition signed by the homeowners on Kamay. I would like your feedback on this matter. If there is inter- est, Iwill draft a petition and try to get around to each of you to get it signed. Our telephone number is 884-5500, or just drop by 1798 (the yellow house) and let us know what you think. .t J s '~' 3 .IZ,~Z.00 N ~ ~ Y•V,1v.VV J II ~ ~~ m \~ N~ ~ ~ I m I ,0'Z t ~ ~ ~ ~ r~ ~ j\; ~ o~ap0 ~ o •f IIg I I C~ ~. 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S-0pl13033-9008 ISSUED IN Boise, Idaho on 21 MAY 1997 ,~s t~;~~ 2 2 ~~7 BENEFICIARY: APPLICANT: City of Meridian Kevin A. Howell 33 East Idaho Irene K. Howell Meridian, Idaho 83642 3451 East Plantation River Drive Boise, Idaho 83703 AMOUNT: USD **+-8, 316.00 DATE AND PLACE OF EXPIRY: EIGHT THOUSAND THREE HUNDRED 20 MAY 1998 SIXTEEN AND 00/100 UNITED STATES Our counters. DOLLARS We hereby issue our Irrevocable Standby Letter of Credit in favor of the above named beneficiary. CREDIT AVAILABLE WITH: FIRST SECURITY BANK, N. A. INTERNATIONAL DEPARTMENT 999 MAIN STREET, 3RD FLOOR BOISE, IDAHO 83702 BY: PAYMENT AVAILABLE BY DRAFTS AT SIGHT DRAWN ON: First Security Bank, N. A. Boise, Idaho Documents Required: 1. Beneficiary's written statement, signed by a person purportedly authorized by the beneficiary, stating that "Kevin A. Howell and Irene K. Howell have not completed the landscaping improvements on the Chamberlain Estates No. 2 Subdivision." 2. The original of this letter of .credit. Drafts drawn under this Letter of Credit must bear the clause: "Drawn under First Security Bank, N. A. Irrevocable Standby Letter of Credit No. S-0013033-9008 dated May 21, 1997." We hereby agree to honor each draft drawn under and in compliance with the terms of this credit, if duly presented (together with the documents as specified) at our office on or before the expiry First Security Bank, N.A. International Department 999 Main St., 3rd F[. (Zip 83702) P.O. Box 7069 (Zip 83730) Boise, Idaho Telephone (208) 393-5343 Fax (208) 393-5316 Telex 3789450 First Sec ek SWIFT FSBUUS51 A financial services company of First Security Corporation t First Security Bank® L/C ~: 5-0013033-9008 PAGE 2 date of this credit. REIMBURSEMENT INSTRUCTIONS: PAYMENT TO BE EFFECTED PER YOUR INSTRUCTIONS AGAINST .CONFORMING DOCUMENTS PRESENTED AT OUR COUNTERS. PARTIAL DRAWINGS NOT PERMITTED. MULTIPLE DRAWINGS HOT PERMITTED. This letter of credit is subject to Uniform Customs and Practice for Documentary Credits (1.993 Revision) International Chamber of Commerce Publication No. 500. ~ C9~.~-- AUTHORIZED SIGNATURE(S) First Security Bank, N.A. International Department 999 Main St., 3rd Fl. (Zip 83702) P.O. Box 7069 (Zip 83730) Boise, Idaho Telephone (208) 393-5343 Fax (208) 393-5316 -Telex 3789450 First Sec Bk SWIFT FSBUUS51 A ftnanctal seraices company of First Security Corporation KEVIN HOWELL CONSTRUCTION General Contractors 1087 W. River St., Suite 250 • Boise, Idaho 83702.Office: (208) 383-4302 • Fax: (208) 383-4387 May 20, 199'7 City of Meridian Ms. Shari Stiles, Planning Director 33 East Idaho Meridian, Idaho 83642 Re: Chamberlain Estates Subdivision No. 2 Deaz Shari, I am following up on the phone conversation we had this morning regarding the section offence that was removed from the east property line, the removable bollazds for the sewer access road, and the overflow pipe to the Finch Lateral from the drainage pond. The fence will be repaired by Thursday morning, May 22"d, the removable bollards will be installed by Friday, May 23`x, and the raising of the overflow pipe will be completed today, Tuesday, May 20"'. The Chamberlain Estates #2 plat is being revised by Hubble Engineering to include the following note: This property is subject to a Development Agreement as filed in the office of the Ada County Recorder as Instrument No. This revised mylaz plat will be submitted to Will Berg by the afternoon of Wednesday, May 213` together with the Letter of Credit for the landscaping. Thank you very much for your help with my plat, I geatly appreciate it. Please give me a call if you have any further questions or concerns. Sincerely, Tracey Persons Project Manager cc: Will Berg, City Clerk Gary Smith, City Engineer c: \chamberlain2\003 . doc interoffice M E M O R A N D U M to: Will Berg, jr. -City Clerk cc: File from: Gary D. Smith, PE re: Chamberlain Estates No.2 -Final Plat date: May 8, 1997 Will: Here is the final plat vellum of sheet no. l and the mylar of sheet no.2 for this subdivision. I have checked the plat over and find it conforms to the requirements imposed upon it and I have therefore signed sheet no.2 in the appropriate place. 1. The development agreement was approved by City Council on May 6, 1997. 2. Shari has received, and I believe, approved of the landscape plan. 3. The non-combustible fence has been built along most of the Finch Lateral however, they will need to bond for approximately 600 feet to finish. 4. The landscaping along Locust Grove Road needs to be done. They need to submit a bond for this cost. 5. The construction of the perimeter wooden fence is done for the most part. There are two 8 foot sections along the east boundary that have not been attached to the posts and they are leaning against the constructed fence. They also need to construct a length of wooden fence across the east end of the stub length of W. Kamay Dr. to close of access to Vern Alleman's property. 6. Four (4) street lights were required and have been installed. 7. The fencing along. Locust Grove needs to be finished. The posts have been set. This appears to be a vinyl fence. from the desk of... As best I can tell from my file and a site visit the status of this project is as I have outlined above. Regards, Gary. H~ J Gaut' D. Smith, PE Public Works Director City of Meridian 33 E. Idaho Meridian, Idaho 83642 208-86]-221 I faz:108-881-1197 or 208-881-4813 KEVIN HOWELL CONSTRUCTION General Contractors 1087 W. River St., Suite 250 • Boise, Idaho 83702.Office: (206) 383-4302 • Fax: (208) 383-4367 May 19, 1997 Via Facsimile City of Meridian Mr. William Berg, City Clerk 33 East Idaho Meridian, Idaho 83642 Dear Will, On Friday, May 9'h the final plat and signature sheet for Chamberlain Estates Subdivision No. 2 was delivered to your office for your signature by Gary Smith. All improvements have been constructed including the pressurized irrigation which has been accepted by NMID, the perimeter fencing, the fire hydrants which are activated and the street lights have also been activated. The only improvement not completed at this time is the landscaping. along Locust Grove which we will be bonding for, we estimate the bond to be 58,316.00. Attached is the contractor's bid to perform the work to substantiate the bond amount. Please let me know as soon as possible if this bond amount is adequate so I can have our Letter of Credit prepared. The Development Agreement for this project has been approved by Council, signed by the developer and returaed to Shari Stiles. Time is of the utrnost importance because the plat has been at the City of Meridian Public Works Department since March 10'h and it is now imperative that the plat be recorded since construction of the site is complete. . Thank you for your time and consideration and please do not hesitate to call me if you have any questions. Sincerely, Tracey Persons Project Manager cc: Mayor Come Shari Stiles, Planning Director c:\002.doc MAY 19 '97 15 03 2083834387 PAGE.01 u5iiaiy7 murl 14: u1 li'AX 2083834387 KEVIN HOWELL CONST ~--->• MERIDIAN CITY f~]002 Page No. ~ of ,Z Pages _.e± lit ~ . ~~"~,~s PROPOSAL AND Phone (208, 3a5.~ ACCEPTANCE Mobile (208)• SprWtler & Landscape PR POSAI SUBMI TED TO ~t PHONE DATE STREET JO AME ~~j /Gc1,ti ~f1.r.~11 ~ Z CITY, STATE AND 21P CODE JO LOCATION cur f ~do/i ARCHITECT DATE Of PLANS JOB PHONE We hereby submit specifications and estimates for: Q/tK -- -- 1 _.__ _ .__~_.~___._._ ~s/GCf ~ sr c~tt. .J / Z ~d e; .~~ ._-._._..-_.y._...).__..~_. ,3 -~hinr: q r~ ~ ~ ._....__- __... ---- ---____ _ - 300 '= yh~f[ 7 S(c O ~- _._. .__ .~__-_____.. _ . reby to furnish m We Pr opose h o lerial and labor -complete in occordonce with obove specificotio ns, for the aum of: ~ ~ / 1~ f / •/.~/~/1 ~rtl~.w~' ~/G /~(•lIL.~~es,I ./~t~ 7Sfo0 °= Payment to be made oa follows: dollars (_ ), ~ '/ ` 'f ~' ~ l orl ~I~'t On C G7 ~ O All material is guoronteed to be os specified, All work to be completed in o workman- like manner according to standard practices. Any oherotion or deyiotion From above Authorize apacificotions involving extra costs will be executed only upon writesn Orden. and Signoture 1111 /~- will become on extra charge over and obove the estimate. All agreements contingent upon strikes, eccidonts or delays beyond our eontrel. Owner to carry lire, tornado Note: This proposal may be and other necessary. insurance. Our workers are fully covered by Workmani Com- pensotion Insurance. withdrawn by~ us iF not oeeeDtsd within dove. Acceptance of Proposal -The abav. pric.=. specircatian, and conditions are sotisfocrory and ore hereby occeptad. You ore authorised to do the work as specified. Payment will be mode as outlined obove. Signoture Date of Acceptt:nce Signoture PACC-6g3-3 '~'~ PRINTED IN U.S.A. MAY 19 '97 15 04 2083834387 PAGE.02 ..~ i_e,_ No. / of ~`'"~"'~s ~ PROPOSAL AND Phone (208) 3a5•saos ACCEPTANCE Mobile (208) 867~- ~"' f3s'9- / Z zo Spr3nkier do Landscape PRO OSAL SUBMI ED TO .PHONE DATE 5 REET JO AME ~~prr.a Q..1 ~-~. ~s-~.~.~~s r~ z CITY. STATE AND ZIP CODE JOl LOCATION LDLI.cr~ ~O/Z ARCHITECT DATE OF PLANS JOB PHONE We hereby submit specifications and sstimotvs for; _____. SI ~ _l n . -_~ l ~ ~~ J ~ 1R~4~------ -~ _____. _ ~, t~ /O ~ _ _,~--i-6cfc '_0 k --- `~Jp S ~ .. --------_.._._ __~---.P - - _ _..__~~ ~- ~~°L ~~ ~~ .____ _._ . a'_. . _ CTaiGo~t.f .. ~~ ~-Y'~'i~ OPer~v~e~ C~.1~,-~ //v __ -- - _ ~S ,~K7Ftr t. Sild~~!~, _ W! L~ Ck.rr ~ ~'t _ ~L~ / ~ ~........_.. _ __.~. _ 1 ~ L~Ai~avt;~. 1 ~^. ~_.__... D•~-.. Gt.li(. ~.L...~-s t~n~~ L~yrll~rr..~.~5!-/_ .~____-- _ ~,, .-- ._- -- We Propose hereby to furnish material and labor -complete in accordance with above specifications, for the sum of: Payment to by mode os follows: dollars (S ~, All material is guaranteed fe be es specified. All work to be tompletsd in a workman. like manner according to standard prottiees. Any alteration or dwiotion from above Authorized specifications involving extra costs will be executed onl . y upon wrlNen orders, and Signature will became on extra charge owr and above the estimate. All ogrs;ements comingant upon strikes, accidents or delays beyond our control. Owner to carry fire tornado , and atlter necessary insurance. Our workers ere fully covered by Workmen i Cem• Note: This proposal may be rtertsafien Insurenre ~ ...:tl,.l........ 4... st Acceptance of Proposal -Th. ebeve prices, specifications and conditions on sotistoctory and on hereby accepted. Yov are outhori=ed to do the work os specified. Payment will be mode os outlined above. Signature Dote of Acceptance Signature PACC•693.7 PRINTED IN U.S.A. MAY 19 '97 15 04 2083834387 PAGE.03 ~~~~ ~ ~ ~ P ~ ~~ ~~~ av~~S ~~ ~~s5~s DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this ~ day of ~~ , 1997, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party of the first part, hereinafter called the "CITY", and Kevin A. Howell and Irene Howell, husband and wife, dba Kevin Howell Construction, party of the second part, hereinafter called the "DEVELOPER", whose address is 1087 W River Street Suite 250 Boise, Idaho 83702. WITNESSETH: WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning of land; and WHEREAS, the CITY has passed two development agreement ordinances, one when land is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned, 11-2-417 D; and WHEREAS, the DEVELOPER has submitted an application for annexation and zoning, or an application for rezone, of that certain property described in Exhibit "A", and requested zoning of RR=8 and has submitted a subdivision preliminary plat for said property which has been recommended for approval by the Meridian Planning and Zoning Commission; and WHEREAS, the DEVELOPER made some representations at the public hearing before the Meridian Planning and Zoning Commission as to how the land would be developed and what improvements would be made; and WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or rezoning of property; and WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this agreement and acknowledges that this agreement was entered into voluntarily and at its urging and request; and WHEREAS, the DEVELOPER, as sole owner of said land, has made request to the CITY to have the same annexed to said CITY, or rezoned, and has submitted to the CITY a Plat thereof which has been approved for annexation by the CITY and as part of the annexation or rezone the CITY adopted and approved Findings of Fact and Conclusions of Law; and, 5/05/97 CHAMBERLAIN ESTATES SUBDIVISION NO. 2 DEVELOPMENT AGREEMENT Page 1 WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and WI~REAS, the said City Council in the Findings of Fact and Conclusions of Law annexed or rezoned the property subject to de-annexation if the DEVELOPER did not enter into a Development Agreement. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: DEVELOPER agrees, and hereby binds his, its, or their heirs, successors and assigns to this agreement, in consideration for the annexation, rezone, or the non-de-annexation of the area, as follows: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 2. That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit "A", only construct single-family houses and that all such single-family houses shall have at least 1,400 square feet of floor space, exclusive of garages. 3. That the property zoned $$, described in "Exhibit A", shall have lot sizes of at least six thousand five hundred (6.,500) square feet, which is the size represented at the City hearings, and shall meet all of the requirements of the $$ zone and have no duplex units, townhouses, or patio homes constructed on said property. 4. That there shall be no change to increase the number of lots or reduce the size of lots as shown in the preliminary plat submitted with the request for annexation, zoning and preliminary plat approval, which is incorporated herein as if set forth in full herein. That DEVELOPER will, before annexation, or de-annexation, file or cause to be filed with the City Engineer, a complete set of "Subdivision Improvement Plans" showing all streets, utilities, pressurized imgation facilities, sewer, water, drainage, street and other similar signing and barricades, and other such improvements contemplated within the subdivision, which Plans and all improvements shown thereon shall meet the approval of the City Engineer. The Subdivision Improvement Plan, or Plans supplemental thereto, shall also show the proposed location of pressurized irrigation facilities within or that may affect or be affected by the development. Said Subdivision Improvement Plans are incorporated herein and made a part hereof by reference. 6. That DEVELOPER will, at his or their own expense, construct and install all improvements including, but not limited to, all sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs and gutters, pressurized 5/05/97 CHAMBERLAIN ESTATES SUBDIVISION NO. 2 DEVELOPMENT AGREEMENT Page 2 irrigation system, electrical transmission lines, natural gas lines, telephone lines, television lines, sidewalks, cross drains, street, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Subdivision Improvement Plans. 7. That DEVELOPER will construct and install all such improvements in strict accordance with the filed and approved plat and Subdivision Improvement Plans, and the City Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the time the construction of said improvements is accomplished, or as otherwise agreed between the DEVELOPER and the CITY if the standards and specifications are more restrictive and onerous at the time of construction than at the time of execution of this Agreement. 8. That DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of when and of what portion, or portions, of said improvements he intends to complete and the time schedule therefor; and agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the City Engineer. 9. That DEVELOPER will have "corrected" original drawings of the Subdivision Improvement Plans of all said improvements prepared by a Registered Professional Engineer and will provide the CITY with said Plans or a duplicate mylar copy of said Plans. The Subdivision Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location (both horizontally and vertically) of the various water and sewer lines, all utility lines, and pressurized irrigation lines and their individual building service lines, the curb and gutter alignment and grades, etc. The "corrected" Subdivision Improvement Plans shall include a "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans of the various improvements are true and correct. 10. That DEVELOPER will, immediately upon the completion of any such constructed portion, portions, or the entirety of said development, notify the City Engineer and request his inspection and written acceptance of such completed improvements. 11. That DEVELOPER agrees, that upon a finding by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion, or portions, or the entirety of said improvements need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the CITY, the DEVELOPER will thereupon, within a reasonable time, construct said needed improvements, or, if he does not so construct within a reasonable time after written notification of such Council action, and the CITY thereafter determines to construct, and does construct such improvement, or improvements, the DEVELOPER will pay to the CITY the cost of such construction, in such manner and under such terms as the CITY shall order 5/05/97 CHAMBERLAIN ESTATES SUBDIVISION NO. 2 DEVELOPMENT AGREEMENT Page 3 after conference with the DEVELOPER. Provided, however, the City Council shall not make the finding set forth in this paragraph except at a regular or special meeting of the City Council and unless the DEVELOPER has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be present in person or by counsel, and to be heard on the merits of the proposed finding. 12. That DEVELOPER agrees that upon his, its, or their having received written notification from the City Engineer, that any of the requirements herein specified have not been complied with, that the CITY shall have the right to withhold the issuance of any Certificates of Occupancy within such annexed area and/or shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed area until such time as all requirements specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its decision shall be final, except that the rights of the parties are preserved at law and equity. 13. DEVELOPER agrees that, in the event any of the improvements required herein are not timely installed, the CITY may, at its sole option, install'the improvements and declare the entire cost of said improvements to be immediately due and payable and may seek to collect such sums in the manner provided by law, or may pursue any other remedy set forth herein or as may be available in law or equity. In the event of such declaration, all sums due shall bear interest at .the prime interest rate of First Security Bank of Idaho, plus five percent (5%) per annum, until paid. 14. That DEVELOPER agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement, to secure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, pressurized irrigation system, landscaping and berming, and fencing. In the event of DEVELOPER'S failure to complete such installation, the CITY may install such improvements and, without notice, foreclose this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of Idaho; provided further that upon request of the DEVELOPER, the CITY will execute and deliver a partial release of the lien created herein against all or any portion of the subject land, upon completion of that portion of the total improvements installed which relates to the percentage of improvements that have been installed as compared to the total amount of improvements. 5/05/97 CHAMBERLAIN ESTATES SUBDIVISION NO. 2 DEVELOPMENT AGREEMENT Page 4 The CITY further agrees that, upon request of DEVELOPER, the CITY will, by written agreement, subordinate the lien created hereby, to any mortgage, deed of trust, or other security device required to secure the payment of any loan or advance made to DEVELOPER for the sole purpose of financing the construction of improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall first warrant and represent in writing that it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will take reasonable precautions usual and customary to the financing and lending industry to ensure that the loan proceeds or advances will not be used for any other purpose. The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure the installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 15. That DEVELOPER agrees that those portions of the water main or the sanitary sewer line, for which the CITY has expressly agreed to enter into a late comers agreement, if any, for including any water or sewer line extensions, increased line size or capacity, are required because of future service needs originating from properties not owned by DEVELOPER and located within the vicinity of the subject development; that sound planning requires construction thereof at the present time in order to accommodate future expansion and development. In recognition of the cost savings which can be accomplished by construction of such excess capacity and/or improvements concurrently with the facilities to be constructed for DEVELOPER'S purposes, and the impracticality or impossibility of constructing such excess capacity and/or improvements separately or at a later time, DEVELOPER agrees to design and construct such facilities subject to the CITY'S agreement to enter into a late comers agreement to reimburse DEVELOPER for a portion of the costs of such excess capacity. DEVELOPER agrees to obtain three independent bona fide bids for the performance of such work from qualified and responsible contractors and shall deliver copies of such bids to the CITY prior to the commencement of such work. Such bids shall be solicited and itemized in a manner which allows clear and specific identification of that portion of the construction work for which the CITY may possibly agree to enter irrto a late comers agreement. The CITY's obligation to enter into a late comers agreement to help DEVELOPER to pay for such costs shall be limited to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER to perform the work. 16. That DEVELOPER agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the CITY and the DEVELOPER have entered into an addendum agreement stating when the improvements will be completed in a phased development; in any event, no Certificates of Occupancy shall be issued in any 5/05/97 CHAMBERLAIN ESTATES SUBDIVISION NO. 2 DEVELOPMENT AGREEMENT Page 5 phase in which the improvements have not been installed, completed, and accepted by the CITY. 17. That DEVELOPER agrees, in recognition of the unique and peculiar circumstances relative to this developmerrt, to the special conditions set forth in Exhibit "B" attached hereto and by this reference made a part hereof; and agrees to construct a perimeter fence around the entire parcel prior to any construction, except where the CITY has agreed in writing that such fencing is not necessary. 18. That DEVELOPER agrees that any notice required by this Agreement shall be given at the following address: CITY of Meridian: DEVELOPER: City Engineer Kevin A. Howell City of Meridian Irene Howell 33 East Idaho 1087 W. River Street. Suite Z50 Meridian, ID 83642 .Boise Idaho 83702 19. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 20. All covenants and conditions set forth herein shall be appurtenant to and run with the land and shall be binding upon DEVELOPER'S heirs, successors or assigns. 2 L This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 22. That DEVELOPER agrees to abide by all ordinances of the CITY and the property shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the CITY of Meridian. 5/05/97 CHAMBERLAIN ESTATES SUBDIVISION NO. 2 DEVELOPMENT AGREEMENT Page 6 DATED the date, month and year first appearing. DEVELOPER: Kevin Howell Construction By ' Ke 'n A. Howell BY ~~~517'7.~CQ~I" Irene Howell BY~~ ~ ~-~6~ Kevin A. Howell, Attorney in Fact for Irene Howell CITY OF MERIDIAN 1 gy ~, --~ e .Come, Mayor i William G. Berg, Jr., City Clerk~~ $~L _ '~Q ` T 13'~ • `~" ~llllrrll{{ ~{{tttttt~ 5/05/97 CHAMBERLAIN ESTATES SUBDIVISION NO. 2 DEVELOPMENT AGREEMENT Page 7 STATE OF IDAHO ) County of Ada ss. On this ' ~j ~1 day of ~~.( ~1~~ , 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared Kevin A. Howell, known, or proved to me, to be the person who executed the said instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day ..and year in this certificate first above written. 'o~as.~.e..,,°~ abm~ ~~y p& '~., ° 7~' o ~-°~ e °~ iE,I UBL1C' p° e~° ~,°° 'aag ~ OF I9 A~~ STATE OF IDAHO ) County of Ada Notary Public r ~ daho Residing at: "~~ ~~(.~~~r2~' T~ ~z r~ My Commission Expires: ~ ' ~~ ~ - `~ i ss. On this n 1~ day of ~J,(,(~"t_,Q . , 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared Kevin A. Howell, known, or proved to me, to be the person whose name is subscribed to the within instrument as the attorney in fact of Irene Howell and acknowledged to me that he subscribed the name of Irene Howell thereto as principal, and his own name as attorney in fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ~~~e eu.araa~ie ~ ~ ~ ~ ~ ~~ ~ `.~.~~„~b°'°°°~eO~~~+®AA Notary Public f r Id o F ~ ° oT ~'°`1' a Residing at: ) ~ '1~ ~~~' ~ ~!_~ A~.-) ~v~ a M My Commission Expires: s ~ ~ m ~ °d AU B LZG 9° ~ ~ Yd,=_'~ O F t~ ~pF'~'1b 5/05/97 CHAMBERLAIN ESTATES SUBDIVISION NO. 2 DEVELOPMENT AGREEMENT Page 8 STATE OF IDAHO ) County of Ada ss. On this l~ day of J a~ Z~ , 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ~ `,`~~~~E~:~rni. ~i del ~~pS A R ~. ~`~ (SEAL) ~ ~, 3b e ~; ' ~ ' i Nri~ Notary Public for Idaho Residing at: ~`Y ~~ ' . a .~ My Commission Expires: ~ ' - ` 5/05/97 CHAMBERLAIN ESTATES SUBDIVISION NO. 2 DEVELOPMENT AGREEMENT Page 9 ~~ Qy ~ suavEyo RUBBLE ENGINEERING, INC. 9550 Bethel Court ^ Bolse, Idaho 83709 Project No. 93163-01 CHAMBERLAIN ESTATES SUBDIVISION N0.2 208/322-8992 • Fax 2081378-0329 June 18, 1996 The North 1/2 of the South 1/2 of Government Lot 4 of Section 5, T.3N., R.1 E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the quarter comer common to Section 6 and the said Section 5, from which the Northwest comer of said Section 5 bears North 00°24'35" East, 2603.50 feet; thence North 00°24'35" East, 1648.90 feet to a point; thence South 89°35'39" East, 45.00 fe~:t tq the REAL POINT OF BEGINNING (INITIAL POINT); thence North 89°35'39" West, 45.00 feet to a point on the West boundary of said Section 5; thence along said West boundary North 00°24'35" East. 318.20 feet to a point; thence South 89°38'45" East, 1327.39 feet to a point on the.East boundary of said Govemment Lot 4; thence along said East boundary South 00°26'05" West, 319.39 feet to a point; thence North 89°35'39" West, 1282.25 feet to the Point of Beginning. Containing 9.71 acres, more or less. Prepared by: NUBBLE ENGINEERING, INC. 443 ~ ° N~ G-is~9 0 d 9rF of ~aP~ ~RRY pE~G~ D. Terry Peugh, P.L.S. DTP1bh11333.des ~r~e,~~- EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND Kevin A. Howell and Irene Howell This subdivision is for 29 single-family dwelling units with an overall density of 2.98 dwelling units per acre. The DEVELOPER shall: 1. Tile all ditches, canals and waterways, including those that are property boundaries or only partially located on the property; the Finch Lateral is specifically excluded from the tiling requirement. 2. Extend and construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines. 3. Construct streets, curbs, gutters and sidewalks to and within the development which meet CITY and ACRD requirements. 4. Dedicate the necessary land from the centerline of Locust Grove Road (45') for public right- of-way. 5. Pay any usual and customary development or transfer fees adopted by the CITY. 6. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law adopted by the CITY regarding this development. 7. Comply with all Meridian City Ordinances. 8. Provide twenty-foot (20') wide, mounded landscaping strips along Locust Grove Road; provide for perpetual maintenance of said berms and landscaping by the Homeowners Association. 9. Provide permanent, six-foot-high, non-combustible fencing along both sides of the Finch Creek Lateral; said fencing shall not encroach upon the easement area as shown on the recorded plat.. 10. Provide permanent, six-foot-high, non-combustible perimeter fencing prior to applying for building permits. EXHIBIT "B" 5/05/97 CHAMBERLAIN ESTATES SUB. NO. 2 DEVELOPMENT AGREEMENT Page 1 of 2 11. Provide pressurized irrigation to all lots within this subdivision along with evidence to the City of approvals from appropriate irrigation district/canal company prior to applying for building permits. 12. Provide a fenced, fourteen-foot (14') wide gravel access road over the sewer line located within Lot 35, Block 2, and install bollards in accordance with the requirements of the Meridian City Engineer. 13. The CC&R's shall provide that the CITY shall have a fifteen (15) foot wide pathway easement within Lot 20, Block 2, along the northerly side of the Finch Lateral. This easement instrument shall be recorded after recording of the final plat, with a copy of said recorded instrument given to the CITY prior to obtaining building permits. _ _ - C" _ 7 ~,,,~ ~~~ ~7 ~- 1t; ~ -, - ~- ~~~~~'~ ;:~~ :~ ~8 ~L3~ °° _>> . EXHIBIT "B" 5/05/97 CHAMBERLAIN ESTATES SUB. NO. 2 DEVELOPMENT AGREEMENT Page 2 of 2 MERIDIAN CITY COUNCIL MEETING: Mav 6.1997 APPLICANT: ITEM NUMBER; 12 REQUEST:_ CHAMBERLAIN ESTATES NO t DEVELOPMENT AGREEMENT AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 1997, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party of the first part, hereinafter called the "CITY", and Kevin A. Howell and Irene Howell, husband and wife, dba Kevin Howell Construction, party of the second part, hereinafter called the "DEVELOPER", whose address is 1087 W. River Street Suite 250 Boise Idaho 83702. WITNESSETH: WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning of land; and WHEREAS, the CITY has passed two development agreement ordinances, one when land is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned, 11-2-417 D; and WHEREAS, the DEVELOPER has submitted an application for annexation and zoning of that certain property described in Exhibit "A", and requested zoning of R,=8 and has submitted a subdivision preliminary plat for said property which has been recommended for approval by the Meridian Planning and Zoning Commission; and WHEREAS, the DEVELOPER made some representations at the public hearings before the Meridian Planning and Zoning Commission and City Council as to how the land would be developed and what improvements would be made; and WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or rezoning of property; and WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this agreement and acknowledges that this agreement was entered into voluntarily and at its urging and request; and WHEREAS, the DEVELOPER, as sole owner of said land, has made request to the CITY to have the same annexed to said CITY and has submitted to the CITY a Plat thereof which has been approved for annexation by the CITY and, as part of the annexation or rezone, the CITY adopted and approved Findings of Fact and Conclusions of Law; and, 5/05/97 CHAMBERLAIN ESTATES SUB. NO. 2 DEVELOPMENT AGREEMENT Page 1 WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and WHEREAS, the said City Council in the Findings of Fact and Conclusions of Law annexed or rezoned the property subject to de-annexation if the DEVELOPER did not enter into a Development Agreement. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: DEVELOPER agrees, and hereby binds his, its, or their heirs, successors and assigns to this agreement, in consideration for the annexation, rezone, or the non-de-annexation of the area, as follows: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 2. That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit "A", only construct single-family houses and that all such single-family houses shall have at least 1.400 square feet of floor space, exclusive of garages. 3. That the property zoned RR=8, described in "Exhibit A", shall have lot sizes of at least six thousand five hundred (6,500) square feet, which is the size represented at the City hearings, and shall meet all of the requirements of the RR=8 zone and have no duplex units, townhouses, or patio homes constructed on said property. 4. That there shall be no change to increase the number of lots or reduce the size of lots as shown in the preliminary plat submitted with the request for annexation, zoning and preliminary plat approval, which is incorporated herein as if set forth in full herein. 5. That DEVELOPER will, before annexation, or de-annexation, file or cause to be filed with the City Engineer, a complete set of "Subdivision Lnprovement Plans" showing all streets, utilities, pressurized irrigation facilities, sewer, water, drainage, street and other similar signing and barricades, and other such improvements contemplated within the subdivision, which Plans and all improvements shown thereon shall meet the approval of the City Engineer. The Subdivision Improvement Plan, or Plans supplemental thereto, shall also show the proposed location of pressurized irrigation facilities within or that may affect or be affected by the development. Said Subdivision Improvement Plans are incorporated herein and made a part hereof by reference. 6. That DEVELOPER will, at his or their own expense, construct and install ail improvements including, but not limited to, all sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs and gutters, pressurized 5/05/97 CHAMBERLAIN ESTATES SUB. NO. 2 DEVELOPMENT AGREEMENT Page 2 irrigation system, electrical transmission lines, natural gas lines, telephone lines, television lines, sidewalks, cross drains, street, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Subdivision Improvement Plans. 7. That DEVELOPER will construct and install all such improvements in strict accordance with the filed and approved plat and Subdivision Improvement Plans, and the City Standazd Engineering Drawings and Standazd Engineering Specifications current and in effect at the time the construction of said improvements is accomplished, or as otherwise agreed between the DEVELOPER and the CITY if the standazds and specifications are more restrictive and onerous at the time of construction than at the time of execution of this Agreement. 8. That DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of when and of what portion, or portions, of said improvements he intends to complete and the time schedule therefor; and agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the City Engineer. 9. That DEVELOPER will have "corrected" original drawings of the Subdivision Improvement Plans of all said improvements prepared by a Registered Professional Engineer and will provide the CITY with said Plans or a duplicate mylaz copy of said Plans. The Subdivision Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location (both horizontally and vertically) of the various water and sewer lines, all utility lines, and pressurized irrigation lines and their individual building service lines, the curb and gutter alignment and grades, etc. The "corrected" Subdivision Improvement Plans shall include a "Certification" thereon, signed by the Registered Professional Engineer in chazge of the work, that said Plans of the various improvements are true and correct. 10. That DEVELOPER will, immediately upon the completion of any such constructed portion, portions, or the entirety of said development, notify the City Engineer and request his inspection and written acceptance of such completed improvements. 11. That DEVELOPER agrees, that upon a finding by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion, or portions, or the entirety of said improvements need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the CITY, the DEVELOPER will thereupon, within a reasonable time, construct said needed improvements, or, if he does not so construct within a reasonable time after written notification of such Council action, and the CITY thereafter determines to construct, and does construct such improvement, or improvements, the DEVELOPER will pay to the CITY the cost of such construction, in such manner and under such terms as the CITY shall order 5/05/97 CHAMBERLAIN ESTATES SUB. NO.2 DEVELOPMENT AGREEMENT Page 3 after conference with the DEVELOPER Provided, however, the City Council shall not make the finding set forth in this paragraph except at a regular or special meeting of the City Council and unless the DEVELOPER has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be present in person or by counsel, and to be heard on the merits of the proposed finding. 12. That DEVELOPER agrees that upon his, its, or their having received written notification from the City Engineer, that any of the requirements herein specified have not been complied with, that the CITY shall have the right to withhold the issuance of any Certificates of Occupancy within such annexed area andlor shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed area until such time as all requirements specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its decision shall be final, except that the rights of the parties are preserved at law and equity. 13. DEVELOPER agrees that, in the event any of the improvements required herein are not timely installed, the CITY may, at its sole option, install the improvements and declare the entire cost of said improvements to be immediately due and payable and may seek to collect such sums in the manner provided by law, or may pursue any other remedy set forth herein or as may be available in law or equity. In the event of such declaration, all sums due shall bear interest at the prime interest rate of First Security Bank of Idaho, plus five percent (5%) per annum, until paid. 14. That DEVELOPER agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement, to sewwe the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, pressurized irrigation system, landscaping and berming, and fencing. In the event of DEVELOPER's failure to complete such installation, the CITY may install such improvements and, without notice, foreclose this Agreement as a mortgage in accordance with the mortgage forecloswe laws of the State of Idaho; provided fiuther that upon request of the DEVELOPER, the CITY will execute and deliver a partial release of the lien created herein against all or any portion of the subject land, upon completion of that portion of the total improvements installed which relates to the percentage of improvements that have been installed as compared to the total amount of improvements. 5/05/97 CHAMBERLAIN ESTATES SUB. NO. 2 DEVELOPMENT AGREEMENT Page 4 The CITY further agrees that, upon request of DEVELOPER, the CITY will, by written agreement, subordinate the lien created hereby, to any mortgage, deed of trust, or other security device required to secure the payment of any loan or advance made to DEVELOPER for the sole purpose of financing the construction of improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall first warrant and represent in writing that it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will take reasonable precautions usual and customary to the financing and lending industry to ensure that the loan proceeds or advances will not be used for any other purpose. The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the Revisal and Compiled Ordinances of the CITY of Meridian, to insure the installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 15. That DEVELOPER agrees that those portions of the water main or the sanitary sewer line, for which the CITY has expressly agreed to enter into a late comers agreement, if any, for including any water or sewer line extensions, increased line size or capacity, are required because of future service needs originating from properties not owned by DEVELOPER and located within the vicinity of the subject development; that sound planning requires construction thereof at the present time in order to accommodate future expansion and development. In recognition of the cost savings which can be accomplished by .construction of such excess capacity and/or improvements concurrently with the facilities to be constructed for DEVELOPER's purposes, and the impracticality or impossibility of constructing such excess capacity and/or improvements separately or at a later time, DEVELOPER agrees to design and construct such facilities subject to the CITY's agreement to enter into a late comers agreement to reimburse DEVELOPER for a portion of the costs of such excess capacity. DEVELOPER agrees to obtain three independent bona fide bids for the performance of such work from qualified and responsible contractors and shall deliver copies of such bids to the CITY prior to the commencement of such work. Such bids shall be solicited and itemized in a manner which allows clear and specific identification of that portion of the construction work for which the CITY may possibly agree to enter into a late comers agreement. The CITY's obligation to enter into a late comers agreement to help DEVELOPER to pay for such costs shall be limited to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER to perform the work. 16. That DEVELOPER agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the CITY and the DEVELOPER have entered into an addendum agreement stating when the improvements will be completed in a phased development; in any event, no Certificates of Occupancy shall be issued in any 5/05/97 CHAMBERLAIN ESTATES SUB. NO.2 DEVELOPMENT AGREEMENT Page 5 phase in which the improvements have not been installed, completed, and accepted by the CITY. 17. That DEVELOPER agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in Exhibit "B" attached hereto and by this reference made a part hereof; and agrees to construct a perimeter fence around the entire parcel prior to any construction, except where the CITY has agreed in writing that such fencing is not necessary. 18. That DEVELOPER agrees that any notice required by this Agreement shall be given at the following address: CITY of Meridian: DEVELOPER: City Engineer Kevin A. Howell City of Meridian Irene Howell 33 East Idaho 1087 W. River Street, Suite 250 Meridian, ID 83642 Boise. Idaho 83702 19. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 20. All covenants and conditions set forth herein shall be appurtenant to and run with the land and shall be binding upon DEVELOPER's heirs, successors or assigns. 21. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 22. That DEVELOPER agrees to abide by all ordinances of the CITY and the property shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the CITY of Meridian. 5/05/97 CHAMBERLAIN ESTATES SUB. NO. 2 DEVELOPMENT AGREEMENT Page 6 DATED the date, month and year first appearing. DEVELOPER: Kevin Howell Construction By Kevin A. Howell By Irene Howell By Kevin A. Howell, Attorney in Fact for Irene Howell CITY OF MERIDIAN By Robert D. Come, Mayor By William G. Berg, Jr., City Clerk 5/05/97 CHAMBERLAIN ESTATES SUB. NO. 2 DEVELOPMENT AGREEMENT Page 7 STATE OF IDAHO ) County of Ada) ss. On this day of , 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared Kevin A. Howell, known, or proved to me, to be the person who executed the said instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my offiaal seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at: (SEAL) My Commission Expires: STATE OF IDAHO ) County of Ada) ss. On this day of , 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared Kevin A. Howell, known, or proved to me, to be the person whose name is subscribed to the within instrument as the attorney in fact of Irene Howell and acknowledged to me that he subscribed the name of Irene Howell thereto as principal, and his own name as attorney in fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at: (SEAL) My Commission Expires: 5/05/97 CHAMBERLAIN ESTATES SUB. NO. 2 DEVELOPMENT AGREEMENT Page 8 STATE OF IDAHO ) County of Ada) ss. On this day of , 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. __ __ Notary Public for Idaho Residing at: (SEAL) My Commission Expires: 5/05/97 CHAMBERLAIN ESTATES SUB. NO. 2 DEVELOPMENT AGREEMENT Page 9 EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND Kevin A. Howell and Irene Howell This subdivision is for 29 single-family dwelling units with an overall density of 2.99 dwelling units per acre. The DEVELOPER shall: Tile all ditches, canals and waterways, including those that aze property boundaries or only partially located on the property; the Finch Lateral is specifically excluded from the tiling requirement. 2. Extend and construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines. Construct streets, curbs, gutters and sidewalks to and within the development which meet CITY and ACHD requirements. 4. Dedicate the necessary land from the centerline of Locust Grove Road (45') for public right- of-way. Pay any usual and customary development or transfer fees adopted by the CITY. 6. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law adopted by the CITY regazding this development. 7. Comply with all Meridian City Ordinances. 8. Provide twenty-foot (20') wide, mounded landscaping strips along Locust Grove Road with a decorative fence provided at the interior lot lines of the planting strip; provide for maintenance of said berms and landscaping by the Homeowners Association. 9. Provide permanent, six-foot-high, non-combustible fencing outside existing easements on both sides of the Finch Creek Lateral prior to applying for building permits and permit no encroachment of the easement. 10. Provide permanent, six-foot-high, non-combustible perimeter fencing prior to applying for building permits. EXHIBIT "B" 5/05/97 CHAMBERLAIN ESTATES SUB. NO.2 DEVELOPMENT AGREEMENT Page 1 of 2 11. Provide pressurized irrigation to all lots within this subdivision along with evidence to the CITY of approvals from appropriate imgation district/canal company prior to applying for building permits. 12. Provide afourteen-foot (14') wide gravel access road over the sewer line located within Lot 35, Block 2, fence and provide bollards in accordance with the requirements of the City Engineer. 13. The CC&R's shall provide that the CITY shall have a fifteen (15) foot wide pathway easement within Lot 20, Block 2, along the northerly side of the Finch Lateral. This easement instrument shall be recorded after recording of the final plat, with a copy of said recorded instrument given to the CITY prior to obtaining building permits. EXHIBIT "B" 5/05/97 CHAMBERLAIN ESTATES SUB. NO. 2 DEVELOPMENT AGREEMENT Page 2 of 2 RECEIVED JAMES w. RISER ARR 2 1 1997 ATTORNEY AT LAW /~•~ ~p~ 619 QUEENS GUARD WAY, BOISE, IDAHO 83709 ~~r ~F ~Liu~N PO BOX 190718, BOISE, IDAHO 83719 208 376-3100 E-Mail: JJet101@Aol.com FAX 208-377-2427 Jet@cyberhighway.net April 17, 1997 Hon. Mayor Robert Corrie Hon. Councilman Walt Morrow Hon. Councilman Ron Tolsma Hon. Councilman Charlie Rountree Hon. Councilman Glenn Bentley 33 East Idaho Meridian, ID 83642 RE: Kevin Howell Construction/ Chamberlain Estates Subdivision/ ,'9~r_'~; Moxley Gentlemen: I have been asked to write to you as attorney for Kevin Howell Construction regarding the disputes between Kevin Howell Construction and the Moxleys. First, I would like to point out that from my review of the facts this is a private civil dispute between Kevin Howell Construction and the Moxleys. The City of Meridian has no legal liability for this dispute. That said, this letter is to report to you the progress. of this dispute. At the October 11, 1996, City Council meeting, Mr. Morrow stated: ". that the elbow be installed, that the property pins be replaced and any irrigation structures that existed in the original ditch that were destroyed during construction of either the fence or earth work be replaced. That as a gesture of good faith that the weeds be removed at this particular point in time. That is contingent upon the Moxleys granting permission for the work to occur on their property." (Oct. 1st Minutes, page 11) Kevin Howell Construction reports as follows: 1. Elbow. On January 23, 1997, Superior Excavation placed the concrete elbow in the Moxley ditch at a cost of $230.00 paid by Kevin Howell Construction. Meridian City Council April 17, 1997 Page 2 2. Property Pins. On March 19, 1997, Hubble Engineering replaced the property pins on the boundaries of the Moxley property at a cost of $332.29 paid by Kevin Howell Construction. 3. "Allegedly Damaged" Irrigation Structures. On Friday, April 4, a meeting at the property was held between Mrs. Moxley, Kelly Fulfer and Bill Cox of Superior Excavating and Construction, and Tracey Persons, a representative of Kevin Howell Construction. All irrigation structures were examined and no structures, in the opinion of Mr. Fulfer, Mr. Cox or Ms. Persons, showed any evidence of being damaged through the construction of Chamberlain Estates or its perimeter fence. One check structure on the West ditch bank did have some boards removed from it which were stacked nearby. It did not appear to have been damaged by construction. However, Ms. Persons still made an offer to Mrs. Moxley to have it replaced or repaired by Superior Excavating and Construction that afternoon (April 4) or the following day (April 5). Mrs. Moxley, however, refused that offer. So, no replacement or repair of that check box was done. 4. Weeds. The Moxley complaint was that the Chamberlain fence made it difficult to control the weeds in her ditch. The problem is that the fence was not constructed until June 26, 1996. At the April 4, 1997, site visit, it was clear that the weeds in the ditch had been neglected and not cleaned out long before June 26, 1996. Kevin Howell Construction believes that had the weeds been controlled prior to the construction of the fence they would not be a problem now. Kevin Howell Construction does not feel it is fair or just that it has to now clean out the weeds of a long neglected ditch. So, the weeds were not removed. 5. Good Faith Gesture. As a good faith gesture last summer Kevin Howell Construction spent $551.25 providing the Moxleys with an additional 47" field fence and "hot wire" installed on the Moxley side of the subdivision's cedar perimeter fence. This was done at the request of the Moxleys and was done even though there was no legal or governmental requirement to do so. 6. Tiling of Ditch. A question came up at the City Council Meeting about whether Kevin Howell Construction should have tiled the Moxley ditch (which ditch is entirely on the Moxley property). I call your attention to Mrs. Moxleys October 30, 1995 letter (copy attached) in which she states: "I do not want the user-irrigation ditch on the east side of my property to be tiled because I irrigate out of it and it would not be practical." Meridian City Council April 17, 1997 Page 3 Based on that letter from Mrs. Moxley, Kevin Howell Construction planned the development and constructed Chamberlain Estates Subdivision without tiling the Moxley ditch. Nor did the City require tiling of the ditch. (As a practical matter, since the ditch is solely on the Moxley property, I don't think it would be correct for the City to require tiling another parties' ditch.) As a developer, Kevin Howell Construction makes all reasonable attempts to be a good neighbor, and Kevin Howell Construction intends to always be a good citizen and developer in the City of Meridian. Kevin Howell feels he has been reasonable in his reponses to this problem. Please, if the City feels that Kevin complied with its legal obligations to matter, contact me at your earliest attention to what we have missed. Howell Construction has not the City of Meridian in this convenience, and direct my Sincerely, James W. Kiser JWK:ef attachments cc: Mr. & Mrs. Moxley, 2680 N. Locust Grove Rd., Meridian, 83642 Superior Excavation; Mr. Kelly Fulfer, PO Box 455, Meridian 83680 Meridian City Planning Dept., Ms. Shari Stiles, 33 E Idaho, Meridian 83642 Meridian City Public Works, Bruce Freckleton, 33 E Idaho, Meridian 83642 Hubble Engineering, Inc., Richard Tomlinson, 9550 Bethel Ct., Boise 83709 Hubble Engineering, Inc., James C. Merkle, 9550 Bethel Ct., Boise 83709 Wayne Crookston, Meridian City Attorney, PO Box 427, Meridian 83542 ~ .. i_~ ._ ar.. ... .~ ,., I.I.,,.,1, ~_~~ ti, ~'.. ~_~~: ..1_. U117_ I tl_: ,~I ,~I.IIU`1_ - ___' 1 IJ1 October 3p, 1995 Attentions Gity of Nlerldlan, Publtc Works Dept. Gary Smith, P,E. X do nat want the• user~irrigation ditch on the east side of ~tty property to be tiled because I irrigate vut of }t and it would nvt be practical. Signed; r''" L p.ro n n oat .~ Date: D~•~Aber 3/, 14~~ • Addxess: t~(po ~ N ~ I.ACUS~ ~I"OI~E' RC.~ ,, CENTRAL •• DISTRICT '~'rHEALTH DEPARTMENT MAIN OFFICE • 101 N. ARMSTRONG PL. • BOISE, ID 83704-0825 • (208) 375-5211 • FAX 327-8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of ow environment. 97-068 January 31, 1997 `A L• ''i~ .. . _. a „_ , ~, David Navarro Ada County Recorder 650 Main Street Boise, ID 83702 RE: Dear Mr. Navarro: Central District Health Department, Environmental Health Division has reviewed and do approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given on January 31, 1997. No lot size may be reduced without prior approval of the health authority. If you have any questions please call. Sincer-ely,/ Micheal H. Reno, E.H.S. Environmental Health Specialist cc: Tom Turco, Environmental Health Director Martin O. Jones, Environmental Health Supervisor Tom Schmalz, Sr. Enviroz~nental Health Specialist HUD Kevin Howell Construction Hubble Engineering City of Meridian Serving Palley, Elmore, Boise, and Ada Counties ADA /BOISE COUNTY OFFCE 101 N. Armstrong Place Boise, ID 83104-0825 Ph. 375.5211 EUYOOE COUNTY OFFICE 520 E 81h Street North Mourim Home, ID 83641 Ph.581-9225 VALIEY COUNTY OFFICE P.0. Box 1448 McCall, ID 83638 Ph. 634-1194 ~~1 L.J ~ v `~1 2 s ~~~s #/s~ ~~ ~~ILS ~l~i L~ '~Za.~rr.,~t & ~l~~ctdta~c ~I~vttgatEaa Z~~a.Dtzct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 25 November .1996 Rich Tomlinson Hubb/e Engineering, lnc. 9550 Bethel Court Boise, /D 83709 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 RE.• Pressurized Urban /rrigation Systei» -Chamberlain Estates Subdivision No. 2 The Nampa & Meridian /rrigation District has comp/eted a review and inspection of the above mentioned project. We a/so have a contract for operation and maintenance which was signed O 1 October 1996, therefore all requirements for the pressure urban irrigation system have been met. Please feel free to contact me if you feel further discussion is required. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERID/AN IRRIGATION DISTRICT BH: dln pc: File Each Director Secretary-Treasurer Asst. Secretary-Treasurer Water Superintendent A~essure /rrigation Specialist -Ted Clinton ~ty of Meridian APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 KEVIN HOWELL CONSTRUCTION General Contractors 1087 W. River St., Suite 250 • Boise, Idaho 83702.Office: (208) 383-4302 • Fax: (208) 383-4387 November 18, 1996 City of Meridian Ms. Shari Stiles 33 East Idaho Meridian, Idaho 83642 Re: Chamberlain Estates Subdivision No. 2 Dear Shari, As required by the final plat conditions of approval for Chamberlain Estates Subdivision No. 2, I have attached a copy of the proposed landscape plan for the common landscape lots (Lots 22 & 23, Block 2 and Lot 36, Block 7) for your review and approval. Please review this proposed plan as soon as possible and notify me of your decision. Thank you for your time and consideration and please do not hesitate to call me if you have any questions. Sincerely, Tracey Persons Project Manager c:\038.doc ~. KEVIN HOWELL CONSTRUCTION General Contractors 1087 W. River St., Suite 250 • Boise, Idaho 83702.Office: (208) 383-4302 • Fax: (208) 383-4387 November 13, 1996 City of Meridian ~~~ ~ ~`~~'~ Mr. will Berg, city clerk {~ ~ V 1 ~ ~~~~ 33 East Idaho Meridian, Idaho 83642 (;jam ®~ ~Ea~~~~~ Re: Chamberlain Estates Subdivision No.l, Phase II Deaz Will, Letter of Credit No. 5-0013033-9003 in the amount of $49,034.43 was issued to guarantee completion of the following improvements at Chamberlain Estates Sub., No. 1, Phase II: street lights, perimeter fencing; and pressurized irrigation. These improvements have now been constructed and aze in place. Please release the above mentioned letter of credit as soon as possible. Thank you for your time and consideration and do not hesitate to call if you have.any questions. Sincerely, -~~~ ~' ~..f,~.,Sv~ Tracey Persons Project Manager r _ c:\035.doc ~~"t p I~r~ l ~ w ~~~ ~`~ ~~' ~~ ~5 -~~ ~~~~t 5e~arr~ty Bank® IRREVOCABLE STANDBY LETTER OF CREDIT NO. 5-0013033-9003 ISSUED IN Boise, Idaho on 24 JUN 1996 APPLICANT: Kevin A. Howell Irene K. Howell 3451 E. Plantation River Drive Boise, Idaho 83712 ~EcE~v~~ .~ U N 2 5 ~99~ ;IT'Y OF IHERiDIAN BENEFICIARY: City of Meridian 33 East Idaho Meridian, Idaho .83642 Mr. William J. Berg, City Clerk AMOUNT: USD ***49,034.43 FORTY NINE THOUSAND THIRTY FOI:R AND 43/100 UNITED STATES DOLLARS DATE AND PLACE OF EXPIRY: 24 JUN 1997 Our counters. We hereby issue our Irrevocable Standby Letter of Credit in favor of the above named beneficiary. CREDIT AVAILABLE WITH: First Security Bank of Idaho, N.A. International Department 119 N. 9th Street, 2nd Floor Boise, Idaho. 83702 BY: PAYMENT AVAILABLE BY DRAFTS AT SIGHT DRAWN ON: First Security Bank of Idaho, N.A. Boise, Idaho Documents Required: 1. Beneficiary's written statement, signed by a person purportedly authorized by the beneficiary, stating that "Kevin A. Howell and Irene K. Howell have not completed the street lights, perimeter fencing, and pressurized irrigation improvements on the Chamberlain Estates Phase II Subdivision." 2. The original of this letter of credit. Drafts drawn under this Letter of Credit must bear the clause: "Drawn under First Security Bank of Idaho, N. A. Irrevocable Standby Letter of Credit No. S-0013033-9003 dated June 24, 1996." We hereby agree to honor each draft drawn under and in compliance with the terms of this credit, if duly presented (together with the documents as specified) at our office .on or before the expiry date of this credit. First Security B~ruk International Department 119 North 9tlr Street (83702) P.O. Box 7069 Boise, Idaho 83730 Telep)rone 208-393-2175 FAX 208-393-2160 SWIFT Address: FSBUUS51 Telex 3789450 h'rst sec bk A financial services company of First Security Coryoration REcE'vED O C T 2 8 1996 z ~, 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 24 October 1996 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Tracy Persons Boise 345-2431 Kevin Howe// Construction 3451 East 52nd Boise, /D 83703 RE.• Chamber/ain Estates Phase 2 of No. 1 Dear Ms. Persons: The Nampa & Meridian Irrigation District has conducted an inspection of the insta/lation of the above mentioned project. This insta//ation was put in according to the District's requirements. We a/so have a signed addendum to the construction contract for Chamberlain Estates No. 2, therefore, the District has accepted this pump system for operation and maintenance purposes. /f you have any further question regarding this matter, p/ease fee/ free to contact me. Sincerely, P~ John P. Anderson, Water Superintendent NAMPA & MER/D/AN IRRIGAT/ON DISTRICT JPA: d/n pc: File Each Director Secretary-Treasurer Asst. Secretary-Treasurer Asst. Water Superintendent Pressure /rrigation Specia/ist -Ted C/inton 1,2lty of Meridian Attorney -Laura Burri Via Fax -Kevin Howei/ Construction APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROTECT RIGHTS - 40,000 Meridian City Council October 1, 1996 Page 6 water, the water line will need to be extended in Ustick Road for the length of the development. At this point in time I can't tell you what size that line needs to be, it is going to be a major transmission line because of the location of the tank and a pumping facility. It will be probably larger than a 12 inch diameter line.- The church property will need to be responsible for their share of the cost of that line at a minimum. 1 suspect that an agreement can be worked out between the church and the City as far as who pays how much for the installation of the water line. The connection fees though because they are in the County are by ordinance a double assessment. That requires your approval for their connection. At this point I don't know that there is any chain of property available to provide annexation of the property from existing City limit boundaries. Corrie: I guess the question I had, are they aware of all of the changes here that, about the sewer and water? Have you discussed this with them? Smith: I talked with Mr. Hoffman just earlier this evening before Council convened. Corrie: Questions Council? Morrow: Mr. Mayor, I would move that we allow the hook ups as requested by the Meridian Presbyterian Church to charge double connection fees that the sewer line be allowed to be extended from the existing sewer service stub out in Meridian Road and the church pay their proportionate share of the to and through water line that will exist in Ustick Road. Rountree: Second Morrow: Motion made by Mr. Morrow, second by Mr. Rountree, you heard the motion as stated, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: UPDATE ON CAROL MOXLEY CONCERNS WITH CHAMBERLAIN ESTATES: N0. I Corrie: Council do you have the memorandum from the Code Enforcement Officer did you get that in your file? One of the things that we tried to see if we could get was Bill Henson from the Nampa Meridian Irrigation District to make a walk through out there and just see what we had on that ditch. We also went bask through the conditional excuse me the minutes in asking about what was said as far as the permits. Shari, do you want to kind of tell the Council what we found out as far as what we thought and what was what and what was not on that development agreement. Meridian City Council October 1, 1996 Page 7 . Stiles: Mr. Mayor and Council, I stated before that I believed the development agreement said retain and protect the ditch, it did not have any language to That effect. The thing I was referring to was on the development plans, the constnaction plans that were approved for this subdivision. The only note they have about the ditch is that it be protected in place. Bill Henson and Dean Ehlert and I went out there today, Dean and t walked along most of the easterly boundary of the ditch. The weeds are quite high, they are not able to get the equipment in there that they had used in the past to get the weeds down. The ditch is approximately 3 feet from the fence line and apparently when they put the fence in because the property was lower they had to build up that side and it is rough in along the fence line there. I guess my problem now is I don't know where we go from here, where legally we stand as far as being able to require the developer to pie it. There are some flow problems and some of them are because of the weeds and some of them are because of how they. dealt the ditch and how they constructed the inlet into the existing ditch. I guess I am just asking Council and Wayne Crookston to make some determination of where we go from here. Public Works Department and Planning and Zoning Department are stuck on how we need to proceed now. Crookston: I have not reviewed the development agreement but I have reviewed the findings of fact and conclusions of law. They require that afl ditches be tiled or piped. We do have a provision in our ordinance that allows a variance if they desire not to do that work they need to request a variance. It is my understanding that there was some discussion about that. development initially and it was to my knowledge there is no written agreement but there was some discussion between the developer and the City that ditch not be tiled at that time. I am assuming that is what happened as I said to my knowledge there is no written agreement waiving that requirement. If the developer requests that requirement be waived which is Mr. Howell he needs to apply for a variance then the City can act on the variance: I have not reviewed the development agreement but what Shari has said that it is not really addressed in that development agreement is that correct? So at this juncture under our ordinances as they stand now if it is, this is not in the ordinance at this time. The City has allowed ditches that are larger than 48 inches not to be tiled, it is my understanding that this ditch the piping would not be larger than 48 inches so that it should be piped and as I said if there is a request or a desire not th do that they would need to request a variance. Morrow: Question Mr. Mayor, this ditch that we are discussing, was it originally on the Howell property or was it originally on the Moxley property? Stiles: It was on the Moxley property. Morrow: From the very beginning? Meridian City Council October 1, 1996 Page 8 Stiles: Yes Morrow: My question to the Counselor is then how would you require the ditch to be tiled if it is was not on the Howell property? Crookston: What our ordinance says is that if the ditch is in essence a boundary that it still be piped is what our ordinance says. Morrow: I guess the question then is if this ditch is 3 feet away from the property line where is the boundary? Crookston: Well that would need to be a determination of what the banks of the ditch are. I don't think that the ordinance would allow the ditch not to be tiled if the banks of the ditch were the boundary. Let's say that the water flowing through the ditch was not the boundary but the banks of the ditch were then I think it should have to be tiled. Morrow: Well prior action by this Council in terms of and I believe it was Bedford Place Crookston: It was Morrow:. The determination was made by the Council at that time that the property line represented the boundary and that if the ditch and the right of way were contained within somebody else's property line it was not up to the developer to the that ditch. Crookston: That is correct, all I am stating is what our ordinance says. Morrow: Thank you, no further questions. Corrie: Any further questions of the Council or to the Counselor? So what I guess Counselor if I am hearing correctly we are not responsible for what has happened dov: rt there because the ditch is on her property line. So this is a problem between the developer and Mrs. Moxley. Crookston: I believe that is correct but I believe that the City needs to make a decision as to whether oc not the ditch should be tiled because it is an abutting boundary. Which in the case of Bedford the City Council decided that particular ditch should not be tiled but I think that the City needs to make a decision because if it is an abutting boundary our ordinance says that is has to be tiled. Bentley: I think if my memory serves me correct we discussed the issue of tiling the ditch and I believe that Mrs. Moxley said they didn't want it tiled far reasons of ascertaining the Meridian City Council October 1, 1996 Page 9 water out of it. I might be mistaken but that sticks in my mind. Crookston: Mr. Mayor and Council, as I remember from what she said at the last City Council meeting was that initially she had been approached by a rea[tor that had asked her to sign a consent that it not be tiled that there had been, now she says reasons why she did not think she should have signed that. She stated and led the Council to believe that the realtor placed some kind of inadvertent pressure on her to sign the document. I can't say that is right, wrong or indifferent, she did -sign it. But I don't think that is necessarily binding upon the requirements of our ordinance that says abutting ditches on abutting boundaries must be tiled. Rountree: Mr. Mayor, my recollection is that there was some evidence given that the developer had moved the property pins, that would bring into question we even knew where that ditch was with respect to the property line and make a decision as far as the boundary aspect of it kind of difficult. Morrow: 1 think the question of the property pins was that in the installation of the fence the property pins got pulled out were not replaced. So the presumption there would be that the fence was in fact on the property line so I guess from my perspective here is that I think that the ditch was an operational functional ditch as part of the developing occurring. The developer whether the ditch is on his property or the Moxley property has an obligation to make sure the ditch continues to function. The placement of a fence and construction work taking place nearby could impact the ditch and have it not function properly. The issue is whether the ditch is on your property and you lose the benefit of being able to drive a tractor down it and ditch it out because there was not a fence there before, the fence wasn't in that configuration it is an issue that you have to deal with as an individual. The second thing is I am a little troubled with what abutting means, does abutting mean 3 feet away, 9 feet away, 30 feet away, clearly in my nand and the decision we made before that the ditch in its entirety was within somebody else's property line it was clearly not fair to require an improvement of someone else's property. I think abutting in my mind means that the water flow itself was on the property line. And so it seems to me that the proper course of action here would be to require the developer to make the ditch serviceable and should the Moxley's want to move the ditch so that they can use equipment to service it then that is their option but that is not something that we can require because we can only require in my mind from the developer a return to service. If he destroyed wooden dams that they had or wooden check boxes that they had in the ditch he has an obligation to replace those check boxes. He had an obligation to replace the property pins. He has an obligation to put in the necessary elbows so that the water can move and not erode the bank of the ditch and make the ditch serviceable and function. It might be a good neighbor sense or gesture on his part to remove weeds but certainly in the future that maintenance would be in my opinion (inaudible). So t see those as being Meridian City Council October 1, 1996 Page 10 - the issues (inaudible). Rountree: To summarize all you said to put the ditch back into serviceable condition it was prior to construction. Morrow: That is absolutely correct. And the property pins issue, the property pins need to be there for, at some point in time they may wish to (inaudible) and have to have that as proof of property for title insurance purposes. Tolsma: (Inaudible) burn the ditch every year in the spring and they put in a flammable fence (inaudible) that a nonflammable fence be installed, a sealed nonflammable fence. Which one of them was out there on Los Alamitos (inaudible) Morrow: Was that part of the findings of fact and conclusions? Did we require that of this developer? Tolsma: I don't know Crookston: It is not addressed in the findings of fact and conclusions of law. Morrow: The development agreement? Corrie: No, it was in the development agreement either was it Shari? That wasn't in the development agreement even, the wood fence 'or the metal fence, non-combustible? Stiles: No it wasn't, it just spoke to perimeter fencing. Morrow: And didn't describe it in any manner? Stiles: No Rountree: Now the real question do we direct the enforcement officer to instruct the developer that he is to put it back in service, do we write a letter to the developer? Morrow: I think the first thing is the developer has written a letter to the Moxley's talking about as soon as the water goes out of the ditch on or about the 15th of October that they will put in the 45 degres concrete elbow whore it enters their property at the southeast comer. I think that what we do as a City is we address those other issues by virtue of letter to the developer and say these are the other conditions that we want resolved to bring this to a conclusion. Meridian City Council October 1, 1996 Page 11 Rountree: That is about all we can do at this point. Cowie: We need to make sure they have permission of the Moxley family that they go on that property and do that. Morrow: Well that has to be some what of a cooperative effort that is for sure. Cowie: I understand that as long as everybody else does. Morrow: Well that being the case Mr. Mayor I would move that we instruct the City Attorney or the head of the P 8~ 2 Department to draft a letter to Kevin Howell Construction outlining the conditions that we as a City would like to see those being that as soon as water has gone from the ditch and it is dry enough to work that the elbow be installed that the property pins be replaced and any irrigation structures that existed in the original ditch that were destroyed during construction of either the fence or earth work be replaced. That as a gesture of good faith that the weeds be removed at this particular point in time. That is all contingent upon the Moxley's granting the permission for that work to occur on their property. Tolsma: Second Cowie: Motion made by Mr. Morrow, second by Mr. Tolsma, you heard the motion, any further discussion on the motion? Bentley: I have something, I think we need to make the Moxley's aware that after if the weeds are indeed removed that after this the upkeep of the bank will be theirs so that they don't feel this is going to be an ongoing clean up by the developer. Cowie: Any further discussion? Sure you are part of this, we want to make sure that everybody gets fair shake here including you and the others. Moxley: My name is Carol Moxley, I am at 2680 North Locust Grove, we are on the southwest corner of the Chamberlain Estates Subdivision. A couple of points, you were talking back and forth, the property pins weren't removed when they did the fencing, the property pins were removed when they trespassed onto our property and changed the way the ditch turned in and went down. And they didn't get our permission, they didn't contact us prior to this and they said that the City of Meridian allowed them to do that and gave them permission to do it. Which now we are being told that no you haven't allowed them to make any of these changes. The developmental agreement says that they have to maintain fencing and keep it there they can't put it up once and go and traditionally I have burned by fence twice a year. If I go through and bum it is going to bum down that fence Meridian City Council October 1, 1996 Page 12 . and I am going to have liability with the neighbors now. It says that he has got responsibility to keep that fence going, he can't put it in once and just be gone. The price to remove the wood fence and put in a chain link fence would be more than the cost of what we are asking for for them to come in and concrete the ditch. We have problems with no one has brought up what the Nampa Meridian Irrigation ditch rider came and said today that the law is they have to leave the ditch in as good as or better condition and that has not been done. The developmental agreements say that they have to go along with the Nampa Meridian In'igation District's laws for the personal owned ditches and they have not done that and it says all along here that they have to get permission any time they make changes or do anything or divert the water over to theirs because of construction or a mishap or whatever. And none of that has been done. When we are talking about adjacent boundaries, if you stand in the middle of the ditch and lean over like this you are touching their fence. That is how close it is, the embankment is owned by both of us. It says right there in the ordinances that if they are on the boundary that they are required to take care of that. When you say that we signed a letter artd then changed our mind, we never changed our mind. If you look along the south side there was a v-shaped concrete ditch that people were able to irrigate out of. They came and said that they were going to do like they are doing along that south along mine which is file it in and pipe it without any access to the water. I signed that paper because it is true f can't let them do that, I am actively using that ditch to irrigate five acres of land. At this point the way they have left me I don't mind the development I don't mind the build up in the City and so forth but if you are going to put the City that close the County we feel that you need to make some kind of stipulation that they have to change that from an old Wintry dirt ditch that has to be serviced with fire and gravy tractors and rocks and things flying all over -the place to something that is more hospitable to the City. I don't want to go in there and bum down fences and throw rocks and endanger the people on the side of us and we don't feel that it is fair and the Nampa Meridian Irrigation agrees with us that you can't make it so that it takes us twice as much work to maintain the ditch as historically it has. With the development right there at this point the guy says we can come in and do it with a sickle we have jobs that we have to go to and aren't farmers that !-.ave another 40 hours a week that can go in there with sickle and pull out 390 feet of weeds. We are addressing we feel the points that have to do with the City of Meridian. We haven't addressed the civil suit things that we have that we are willing to let-slide if we can just get our ditch taken care of. If we have to go through a civil suit we will be going against the City of Meridian for permission they supposedly gave to make changes in the County and on our property which they did without ever once contacting us and I have known Shari and have been in the Council meeting for the last 2 1/2 years so they know that we are around and active in what is going on. Corrie: Thank you, Counselor, does anything there change your mind at all from what the original motion? Meridian City Council October 1, 1996 Page 13 . Crookston: That is entirely up to the Council. Corrie: That is what I thought you were going to say, Council? Any further discussion? Morrow: I don't have any, Shari raised her hand and I am not opposed to hearing hear discussion. Corrie: Okay, Shari? Stiles: I just wanted to mention something that we found when we were looking at the construction plans again today. Dean had noted that in the irrigation notes for the construction and I will read it, it says miscellaneous small structures such as fences, mailboxes, signs, irrigation .and drainage facilities and utility poles, lines and appurtenances when necessary to remove or disturb shall be replaced or reconstructed to equal or better their condition prior to disturbance. Morrow: I think that .basically the motion covered those issues for returning that to what existed before. Now the issue is I can't, I am rwt aware that under any circumstances the only thing that I would really question here in terms of any comments is that I don't think that under any circumstances as a Council or as a Council member on my part that an approval of the subdivision has ever in my mind given a developer or construction team permission to go onto somebody else's property. I guess what I would like to say in defense of the City it is not my belief that when we approve a project that the approval of that in any way implies that there is a right of that person to go onto somebody else's property without that person's permission for those improvements or changes or whatever. Corrie: (Inaudible) Morrow: I guess the purpose of the motion and the motion was made in such a manner to return them to what they were prior to the develop: Went taking place. Corrie: I have to agree with you Mr. Morrow, my five years, I have not had the same thing happen either. It has never been the City's intention to allow anybody to go onto anybody else's property. Mr. Bentley? Bentley: I have nothing further. Corrie: Any further discussion? Hearing none, all those in favor of the motion as stated? Opposed? MOTION CARRIED: All Yea Meridian City Council October 1, 1996 Page 14 Corrie: So we will get a letter drafted to the developer and we will go from there. They will need to get your permission to make those corrections so I would encourage you to talk with them too. Thank you, sorry it has taken so long to get it done, but let's hope it gets done here. ITEM #5: ORDINANCE #745 -VACATION OF EASEMENTNALLA: Corrie: AN ORDINANCE VACATING A RIGHT OF WAY EASEMENT RECORDED AS INSTRUMENT NUMBER 394607 WHICH EASEMENT IS iN A PORTION OF LOTS 1, 2, 3, 4 AND 5, BLOCK 1 OF FUTUR-IDA SUBDIVISION NO. 1 ACCORDING TO THE OFFICIAL PLAT THEREOF FILED IN BOOK 43 OF PLATS AT PAGES 3475 - 3476 RECORDS OF ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the audience that would like to have Ordinance #745 read in its entirety? Hearing none I will entertain a motion on Ordinance #745. Bentley: Mr. Mayor, I move that the City of Meridian adopt Ordinance #745 with the suspension of rules. Tolsma: Second Corrie: Motion made by Mr. Bentley, second by Mr. Tolsma that Ordinance #745 be approved with the suspension of rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #6: ORDINANCE #746 -REZONE ORDINANCE - WATKINS/STEWART: Corrie: AN ORDINANCE OF THE CITY 7F MERIDIAN AMENDING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PARCEL OF LAND BE A PORTION OF THE SE 1/4, SW 1/4, SECTION 1, T.3N, R.1W, B.M., ADA COUNTY, .IDAHO; AND PROVIDING AND EFFECTIVE DATE. Is there anyone from the audience that would like to have Ordinance #746 read in its entirety? Hearing none I will entertain a motion on Ordinance #746. Rountree: Mr. Mayor, I move that we approve Ordinance #746 with suspension of rules. Bentley: Second Corrie: Motion made by Mr. Rountree, second by Mr. Bentley that Ordinance #746 be ~ '-, WILL;AM G. BERG, JR., City Clerk JANICF L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Depamnent (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor MEMORANDUM COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT To: Mayor Come Meridian City Council From: Dean Ehlert -Code Enforcement (~ Re: Inspection of Imgation Ditch on Morley Property Date: 10-01-96 On September 20, at approximately 9:00 a.m., I conducted an inspection, accompanied by Mrs. Morley, of the irrigation ditch located on Carol Moxley's property The purpose of my inspection was to gather information on the condition of the ditch. The ditch is located on the east side of the Morley property and run north-south the entire length of the Morley property. A wooden fence approximately six (6) feet tall is located on the property boundary between Chamberlain Estates and the Morley property. The fence is approximately three (3) feet from the eastern edge of the irrigation ditch. The inspection started at the south end of the ditch where it enters the Morley property. Rocks were placed along the west side of the ditch in an effort to prevent erosion of the bank by water-- -_ entering the ditch from the pipe. This problem should be rectified after. the irrigation season by the developer placing an elbow on the pipe so the water does not enter the ditch at an angle. Both the side and top of the eastern bank of the ditch were uneven. Boards that had been in the ditch and used to raise the water level when irrigating were removed and stacked along the bank. According to Mrs. Morley, the boards were removed by the developer. Mrs. Morley indicated an area that was disturbed by a loader used during development. The loader slid into the ditch and pushed part of the bank into the ditch. She said the loader operator tried to fix the bank. The width of the ditch at this spot was 1 to 1 1 \2 ft. wider than the bank north and south of this spot. An area in the north pasture showed signs of sediment build-up (approximately 6 inches) which required a trench be dug to allow water to flow into the pasture. d Weeds and grass were 45 feet tall on both sides of the ditch making difficult to determine the condition of the entire ditch. - After inspecting the ditch Mrs. Moxley showed pictures of the ditch before construction and after construction. MERIDIAN CITY COUNCIL MEETING: September 17.1996 APPLICANT: ITEM NUMBER; 13 REQUEST: KARL ~ CAROL MOXLEY -CONCERNS WITH CHAMBERLoJN ESTATES SUBDIVISION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS II Materials presented at public meetings shall become property of the City of Meridian. . ' ~ y s~~ - 5 ~s~s /J/~ PT ~~ / 9 96 /~7e,~c~/i an TlJ. ~3! ~e G.~_r,~ r~ G~esti%~ fhaf ou.r Gor, ce•-r1s __.. ..._. ... ~ y _ ...1".~~.l~r_c~.,r~ .._~Q~Lc~ iC.r~G~.?'`10~2._. c~.fC12....lla~ ~~ie._~_~er~P.r2«.... ..._, ....... _.... ..Lcl.~1 ~..111~: ~„ L.~it~tb.~2P..~~C?ill.~sfQ~c.~ ~.~Qf ~P, vin. .~7~C~1 _ .. ~ . _ ._. .... . ~ot.~.sfr~e.fQa ~ ~tra/c~/c.Ga/ .~ ~~.e a._ Vin.. .c~ . ~f'h~. . .. Gh~ ~ ' ~ad~~ ~ ..the . c/~~ ~ _. ~ h ~•~ on ffi~ S ~ Cvi~ ~ o.~ ou.r . ~pr~p Gyi~t~~c.7~' QQn~~~ CO~S~rtJ~ _ ~~. /~ DC. . ~~1Y1c5~~an.. J.,~. _reS~J~G~~ Cr ~/~a~c-- r`Ja~ c~z G~C~r~a9ec{ O u~ l~~U~e~ Sri. /`" c.i ~u.r ~'asf ~. ~e,.~ l~~ /fare ~o~~.~c,~z~ ..~%o ~' . ~!Gt~ ~ ~i'O~o /hctr kP.~S /14 ./G !fJ`C4/I ~~ a /Q Q. . fCf'l~lr1 q ~aS .~P.e~! c_o~,t'1.~1'~c«:~Na~.Tlicz•7'~. .: S~~~.... 9! ~~ o~~ ou,.- ~oropei~4 a~n c~ ~ho^e s i~~~.~tho~ ~;?~c.~i ~aS~~~n'f f~17~"' . .__.... . _ ..... .....__. ~c,u- ~, c,~'.~ ~-~xs brx~? rerri~ ~~~ ~~ r .Incer.~.. . - 7D fh~ ex~~ ~Q~ 1~.2~C fi=r ~~c~r~ ~t. J arc( ~ ~ ` ~-o~c~~. SEP 05 '96 16 21 -~~ - 2088885458 PAGE.01 Kevin Howell Construction General Contractors 1087 W. River St., Suite 250 • Boise, Idaho 83702.Office: (208) 383-4302 • Fax: (208) 383-4387 September 15, 1996 Karl and Carol Moxley 2680 N. Locust Grove Road Meridian, Idaho 83642 Re: Ditch along a portion of the west boundary of Chamberlain Estates Subdivision No. 1 and east boundary of Moxley property. Dear Mr. and Mrs.. Moxley: In cooperation with the City of Meridian Public Works Department, Kevin Howell Corstr~~ction has agreed to install a forty-five degree concrete elbow on the ditch as it enters your property at the southeast corner. This is being done to prevent any possibility of future erosion to the ditch bank. Unfortunately, due to sporadic watering schedules it has been difficult for our excavator, Superior Excavation, to install the elbow because of water levels in the ditch. Therefore we will wait until irrigation water is no longer being delivered through the ditch to install the concrete elbow. The Nampa & Meridian Irrigation Department has informed us that irrigation water will quit being delivered on or about October 15th, at which time Superior Excavation will allow the necessary amount of time for the ditch to dry and they will then contact you to coordinate an acceptable time, for all parties, to install the concrete elbow. Thank you for your cooperation. Sincerely, ~ P.~~~~ ~~ Tracey Persons Project Manager cc: Meridian City Public Works Department; Gary Smith/Bruce Freckleton Meridian City Planning & Zoning; Shari Stiles Jim Kiser Law Office; Jim Kiser Hubble Engineering, Inc.; Richard Tomlinson Superior Excavation; Kelly Fulfer .. Kevin Howell Construction General Contractors 1087 W. River St., Suite 250 • Boise, Idaho 83702.Office: (208) 383-4302 • Fax: (208) 383-4387 September 13, 1996 ~ 4 i?~~' ~' HAND DELIVERED SAP 1 6 ~~'~S City of Meridian ~,~, ~~ ~~~;~~+ Mr. Will Berg, City Clerk 33 East Idaho Meridian, Idaho 83642 Re: Chamberlain Estates Subdivision No. 2 Dear Will, Enclsoed please find three (3) copies of the proposed Chamberlain Estates Subdivision No. 2 CC&R's for distribution to Wayne Crookston and Shari Stiles. Please forward Wayne and Shari's copies as soon as possible. Thank you for your time and please do not hesitat to call me if you have any questions. Sincerely, Tracey Persons Project Manager enclosure ~~~ SCP i 6 1~'~~ CITY OF M~:Y~~}Y~~[ DECLARATION OF ANNEXATION OF CHAMBERLAIN ESTATES SUBDIVISION NO. 2 TO THAT DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CHAMBERLAIN ESTATES SUBDIVISION [Recorded as Instrument No. 96034301] This Declaration of Annexation is made effective the day of September 1996, by Kevin Howell and Irene Howell, husband and wife, dba Kevin Howell Construction (hereinafter "Grantor" or "Declarant"). ARTICLE 1 ANNEXATION 1.1. Property Annexed: The property hereby annexed is that real property legally described in Exhibit A which is attached hereto. This property is owned by the Declarant. Once the final plat of this property is recorded it will be known as Chamberlain Estates Subdivision No. 2. 1.2 Existing Property and CC&R's to Which Property is Annexed: This annexed property is hereby annexed into that Declaration of Covenants, Conditions and Restrictions for Chamberlain Estates Subdivision which were recorded the 25th day of April 1996, in Ada County as Instrument No. 96034301 which are incorporated herein as if set forth in full. (These shall be referred to herein as the "Master CC&R's".) The real property subject to the Master CC&R's is legally described in the Master CC&R's. DECLARATION OF ANNEXATION - 1 d/realest/chamber.#2 1.3 Amendment to Master CC&R's: The Master CC&R's referred to above are hereby amended to include this Declaration of Annexation and the Master CC&R's and this Declaration of Annexation shall be construed as one document. 1.4 Authoritv: This Declaration is made pursuant to Article XI of the Master CC&R's. At the time of this Declaration Declarant is the holder of votes in the original Chamberlain Estates Neighborhood Association in excess of 70~ of the total votes available. This Declaration is the written consent to this annexation. 1.5 Effect: The effect of this Declaration of Annexation shall be that Chamberlain Estates Subdivision and Chamberlain Estates Subdivision No. 2 shall be treated as one subdivision and both shall be subject to the Master CC&R's and be governed by the Chamberlain Estates Neighborhood Association, Inc., as set out in the Master CC&R's. All property and lots in Chamberlain Estates No. 2 shall be subject to all provisions of the Master CC&R's except for those provisions in Article 2 of this Declaration of Annexation (below) which provisions shall apply only to Chamberlain Estates No. 2. Other than the provisions specifically set out in Article 2 below which are specific to the lots in Chamberlain Estates Subdivision No. 2, the Master CC&R's govern all lots in both subdivisions. DECLARATION OF ANNEXATION - 2 d/realest/chamber.#2 ARTICLE 2 SPECIFIC PROVISIONS APPLYING ONLY TO PROPERTY AND LOTS IN CHAMBERLAIN ESTATES NO. 2 2.1 Common Area: In Chamberlain Estates No. 2 the following lots are designated on the plat as private streets or drives, common open space, common areas, common landscaped areas or common drainage areas, including but not limited to the following lots: Lot 22 Block 2 Lot 23 Block 2 Lot 35 Block 2 Lot 36 Block 2 Lot 20 Block 2 Lot 5 Block 8 These common area lots shall be deeded to and managed and maintained by the Chamberlain Estates Neighborhood Association, Inc., as set out in the Master CC&R's. 2.2 Size of Dwelling Structures: In the original Chamberlain Estates Subdivision the minimum floor area of a one-story house is 1,301 square feet and for a two-story house is 1,530 square feet (Master CC&R's, Section 4.3.1). For Chamberlain Estates No. 2 the minimum square footage for a one-story house shall be 1,400 square feet and for a two-story house shall be 1,600 square feet. 2.3 Retention Ponds/Drainage Basins in Chamberlain Estates Subdivision No. 2: Lot 20 Block 2 Chamberlain Estates Subdivision No. 2 is primarily composed of the Finch Lateral and is subject to the maintenance and operation easements of Nampa-Meridian Irrigation District. Subject to these easements this Lot 20 shall DECLARATION OF ANNEXATION - 3 d/realest/chamber.#2 be common area. The portions not containing the Finch Lateral shall be used primarily for retention ponds/drainage basins which shall be maintained by the Association and/or ACHD as follows: 2.3.1 "Heavy" Maintenance of Retention Ponds/Drainage Basins. Heavy maintenance consists of periodically inspecting the retention ponds/drainage basins facility to ensure it is functioning properly; cleaning out the facility piping and mucking out the facility when the sediment level exceeds the designed storage level. All other maintenance shall be referred to herein as "light" maintenance. Ada County Highway District (ACHD) has opted to perform this "heavy" maintenance and shall be allowed by the Owners and the Association to perform this maintenance work. In the event ACHD shall decide not to do such "heavy" maintenance, then the Association shall do so. 2.3.2 Easement to ACRD for Heavy Maintenance. ACHD is hereby granted an easement over the entire Lot 20 as needed for maintenance of the retention ponds/drainage basins by ACHD. 2.3.3 "Light" Maintenance of Lot 20, Block 2 Chamberlain Estates Subdivision No. 2. The Association shall provide all "light" maintenance of the retention ponds/drainage basins pursuant to that "Manual for Light Maintenance" DECLARATION OF ANNEXATION - 4 d/realest/chamber.#2 which is attached hereto as Exhibit B and incorporated herein by reference. 2.3.4. Association Failure to Maintain• ACRD Remedies. In the event that ACRD determines, in its sole discretion, that the Association is not adequately maintaining the retention ponds/drainage basins then ACHD shall, before undertaking maintenance of said common area, provide written notice of its intention to begin maintenance within a thirty (30) day period, within which time frame the Association may undertake to initiate and conclude all maintenance defects as identified by ACHD. In the event that the Association shall fail to commence and conclude maintenance of the retention ponds/drainage basins to the extent said items of specific maintenance are identified by ACRD within the prescribed thirty (30) days, then in that event, ACRD may begin to undertake such maintenance. ACHD is hereby granted an irrevocable license and easement to enter upon any portion of the common area to perform such inspection and maintenance of the retention ponds/drainage basins. Should ACHD engage in maintenance of the defined common area or facility after having provided notice to the Association and having provided the Association an opportunity to undertake said maintenance, ACHD shall DECLARATION OF ANNEXATION - 5 d/realest/chamber.#!2 first bill the Association and if such bill shall not be paid within sixty (60) days, then ACRD shall be entitled to and empowered to file a taxable lien against all lots within Chamberlain Estates Subdivision and Chamberlain Estates Subdivision No. 2 with power of sale as to each and every lot in order to secure payment of any and all assessments levied against all lots in these Subdivisions pursuant to the Master CC&R's as if said maintenance had been performed by the Association, together with interest at the rate which accrues on judgments thereon and all costs of collection which may be paid or incurred by ACHD. The Association shall not be dissolved or relieved of its responsibility to maintain the defined common area and facilities contained therein without the prior written approval from ACRD. The Association and all Lot Owners by accepting title to a Lot agree that all Lot Owners within these Subdivisions are benefitted property owners of such maintenance. 2.4 Address of Board of Directors: The addresses of the Board of Directors is set out in the Master CC&R's in Article VI (page 21). The address therein of Kevin Howell is changed to be: 1087. W. River St., Suite 250, Boise, ID 83702. DECLARATION OF ANNEXATION - 6 d/realest/chamber.#2 2.5 Nampa-Meridian Agreements: The lots in Chamberlain Estates Subdivision No. 2 shall be subject to any recorded agreements or license agreements with Nampa-Meridian Irrigation District regarding Chamberlain Estates Subdivision No.2. 2.6 Easement to City of Meridian for Pathway; Lot 20 Block 2 Chamberlain Estates Subdivision No. 2: To the extent permitted by Nampa-Meridian Irrigation District, the City of Meridian is hereby granted an easement for a public pedestrian and bicycle pathway fifteen (15) feet in width on the south side of the Finch Lateral in Lot 20 Block 2. 2.7 Chain Link Fence; Finch Lateral: All lots adjacent to Finch Lateral shall have a six (6) foot chain link fence along the property line adjacent to the Finch Lateral. This Finch Lateral chain link fence shall be maintained by the Association. 2.8 Nampa-Meridian Irrigation District Easement: Lots 4 and 6 Block 8; Lot 19 Block 2; and Lots 24 through 33 inclusive, Block 2; Chamberlain Estates Subdivision No. 2 are all subject to an operations and maintenance easement in favor of the Nampa-Meridian Irrigation District. This easement is over and across a portion of these lots where these lots are adjacent to and adjoining the Finch DECLARATION OF ANNEXATION - 7 d/realest/chamber.#2 Lateral. A copy of the proposed plat depicting this Nampa-Meridian Irrigation District easement area is attached hereto as Exhibit C. Kevin Howell Irene Howell, by Kevin Howell, her attorney in fact DECLARANT STATE OF IDAHO, ) ( ss. COUNTY OF ADA, ) On this day of September, 1996, before me, the undersigned a Notary Public in and for said State, personally appeared Kevin Howell known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing in Boise, Idaho My Commission Expires: STATE OF IDAHO, ) ( ss. COUNTY OF ADA, ) On this day of September, 1996, before me, the undersigned a Notary Public in and for said State, personally appeared Kevin Howell known or identified to me to be the person whose name is subscribed to the within instrument as the attorney in fact of Irene Howell, and acknowledged to me that he subscribed the name of Irene Howell thereto as principal, and his own name as attorney in f act . DECLARATION OF ANNEXATION - 8 d/realest/chamber.#2 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing in Boise, Idaho My Commission Expires: CERTIFICATION The undersigned being the President and Secretary of the Chamberlain Estates Neighborhood Association, Inc., hereby certify and attest that the above Declarants' votes in the Association represent more than 70~ of the total available votes in the Association prior to the annexation. President Secretary 1996. SUBSCRIBED AND SWORN To before me this day of September, Notary Public for Idaho Residing at Commission Expires: DECLARATION OF ANNEXATION - 9 d/realest/chamber.#2 PROJECT N0. 9S-18501 MANUAL FOR LIGHT MAINTENANCE OF STORMWATER DETENTION PONDS AT CHAMBERLAIN ESTATES SUBDIVISION N0. 2 BOISE, IDAHO AUGUST, 1996 RUBBLE ENGINEERING, INC. ENGINEERING-SURVEYING-PLANNING ,~ NOINff9 9550 BETHEL COURT v '" BOISE, IDAHO 83709 ~208~ .322-8992 ~+'1~ o~N ua~E° ~ ibi ~- CHAMBERLAIN ESTATES SUBDIVISION N0.2 DETENTION PONDS O & M MANUAL This manual outlines the duties to be performed by the homeowner's association for the light maintenance of the stormwater detention ponds at Chamberlain Estates Subdivision No. 2. The detention ponds aze located on Lot 20, Block 2 of the Chamberlain Estates Subdivision No. 2 plat. A copy of the plat and a drawing of the ponds is included in this manual. The maintenance azea of the detention ponds shall include the entire lot in which the ponds aze located. For the various light maintenance items involved, periodic inspections are to be made of the ponds in addition to any work required in each of the categories below. These inspections shall be done a minimum of once every month. LAWN CARE: If the pond is grassed, fertilizer shall be applied at a rate and interval to keep the grass healthy. Also weekly mowing and grass clipping removal shall be performed to maintain a healthy appeazance and working drainage facility. IRRIGATION: If the pond is grassed, water shall be applied to the grass at a rate which will keep the grass healthy and not interfere with the proper operation of the stormwater detention pond. Over irrigating must be avoided as this will cause ponding and deterioration of pond performance. WEED CONTROL: If the pond is not grassed, a herbicide shall be applied to the entire area azound the pond in the spring of each yeaz. The application shall be in accordance with the manufacturer's requirements. During the periodic inspections, any weeds found shall be removed at the root and disposed of offsite. TRASH CLEANUP: During the periodic inspections, any trash found within the boundary of the ponds' lot shall be collected and disposed of offsite. BANK STABILITY: During the periodic inspections, the banks of the ponds shall be checked for any water spots, water entering the pond from adjacent lots, rodent holes, and bank erosion. If any of these problems aze found, the homeowner's association shall contact a licensed earthwork contractor to make the necessazy repairs to the pond. INSPECTION AND CLEANING OF PIPES: After it rains, the stormwater pipes shall be inspected to ensure they drain the sediment traps. In the event that a pipe does not drain, or flooding occurs in the street at the sediment trap locations, the homeowner's association shall have the pipes cleaned by a certified pipe inspection and plumbing service. In the event that a drainage pipe is broken or needs to be replaced, the homeowner's association shall contact a licensed underground pipe contractor to do the necessary construction. Page 1 PERIMETER FENCE: If the pond has a fence around it during the periodic inspections, the fence shall be checked for any loose, broken or missing boazds. Any portion of the fence which may be missing or in bad repair, including the boazds, is to be replaced as soon as possible. DEFINITION OF HEAVY MAINTENANCE: Heavy maintenance is defined as periodically inspecting the facility to ensure it is properly functioning; periodically cleaning the facility piping and mucking out the facility when sediment levels exceed designed storage levels. /misc. Page 2 KEVIN HOWELL CONST. 2083456004 P.01 • Kevin Howell Construction General Gontractors 1087 W. River St., Suite 250 • Boise, Idaho 83702.Office: (208) 383-4302 • Fax: (208) 383-4387 September 12, 1996 vIA ~ACSZMZZ,~ City of Meridian Mr. Gary Smith, P.E. (Public Works Dept.) VM's. Shari Stiles (Planning & Zoning) 33 East Idaho Street Meridian, Idaho 33642 Re: Chamberlain Estates Subdivision No. 2 Dear Gary and Shari, Attached please find a lot square Footage breakdown For th.e individual building lots at Chamberlain Estates Subdivision No. 2. If you have any #'urther questions or need additional information, please do not hesitate to call me. Sincerely, Bracey Persons Project Manager SEP 12 '96 15=58 2083456004 PAGE.01 i KEVIN HOWELL CONST. 2083456004 Kevin Howell Construction P.02 General Contractors 1087 W. River St., Suite 250 • Boise, Idaho 83702.Otfice: (208) 383-4302 • Fax: (208) 383-4387 CIIAMBERLAIN ESTATES SUBDIVISION N0. 2 LOT SQUARE FOOTAGE Lat 17, Block 2 7,687 Sq. Ft. Lot 18, Block 2 7,932 Sq. Ft. Lot 19, Block 2 1i~,212 Sq. rt. I.~t 21, Block 2 8,774 Sq. k't. Lot 24, Block 2 f>,873 Sq. 1:'t. (excludes NMID Finch Ck. esmt.) Lot 25, Block 2 6,512 Sq. Ft. (excludes NMID Finch Ck. ~;smt.) Lot 26, Block 2 6,512 Sq. Ft. (excludes NMID Finch Ck. eFmt.) Lot 27, Block 2 G,512 Sq. Ft. (excludes NMID Finch Ck. esmt.) Lot 28, Block 2 6,512 Sq. Ft. (excludes NMLD Finch Gk. ecmt.) Lot 29, Block 2 6,512 Sq. Ft. (excludes NMID Finch Ck. carnt.) Lot 30, Block 2 7,200 Sq. Ft. (excludes NMZD Finch Ck. esmt.) Lot 37., Block 2 7,.728 Sq. Ft. (excludes NIKID Finch Ck. egmt.) Lot 32, Black 2 8,7G~~ Sq. Ft. (excludes NMID Finch Ck. esmt.) Lor, 33, Block 2 8,893 Sq. Ft. (excludes NMID Finch Ck. e5mt.) Lot 34, Block 2 7,030 Sq. Ft. Lot 27, Block 4 7,699 Sq. Ft. Lot 28, Block 4 8,198 Sq. Ft. Lot 1, Block 7 8,819 Sq. Fr,. Lot 2, Block 7 7,250 Sq. Ft. Lot 3, Block 7 8,724 Sq. Ft. Lot 1, Block 8 Lot 2, Block 8 Lot 3, Block 8 Lot 4, Block 8 Lot 6, Block 8 Lot 7, Black 8 Lot 8, Block 8 Lot 9, Block 8 Lot l0, SEP 12 '96 15 58 8,752 Sq. k"t. 8,351. sq. rt. 8,356 Sq. Ft. 8,784 Sq. Ft. (excludes NMID Finch Ck. c~smt.) 7,42G~ Sq. Ft. (excludes NMID Finch Ck. e;snit. ) 8,0$1 Sq. Ft. 8,520 Sq. Ft. 8,431 Sq. Ft. 8,495 Sq. Ft. 2083456004 PAGE.02 09i10i96 08:08 $12083424657 RINGERT CLARK f~ 0011001 RINGERT ~ CLARK CHARTERED - '~"""''~""rr' LAWYERS JCffrcy It. Gult;trrriurl U. IiIFHr (:li+rk Mk•lunel J. L)ooliule Pauk•k U. Fwcy I>aWti I IAmrtlrt<fulsr Jorc{~h 13. J~nrc Jarttcti 1'. Kaulman Jarurv ti. 1'trk1 1996 September 10 wUll.~ml=.Itlrtgrn , . IknliCl V. $ItXR1K)n Ail~Tt 1.. M~ctxx~Y $arlttr(!1 KF1ulrRiill llU21-14)!Kf) Tracey Persons Kevin Howell Construction 1087 West River Street, Suite 250 ;Boise, Idaho 83702 Re: License Agreement, Easement, and Relinquishment of Easement for Howell Construction relocation and encroachments of the Finch Lateral Dear Tracey, The License Agreement, Easement, and Relinquishment of easement for relocation and encroachments of the Finch Lateral within-.Chamberlain Estates Subdivision No. 2 have been prepared. ~~J I am scheduling them for submission to the District's Board of Q Directors at its October 6, 1996 meeting. The new easement for the relocated portion of the lateral will be reduced from 80 feet to 77~ ~ feet, 38.5 feet on either side of centerline. Please contact me if you have any question regarding the status of these documents. Yours very truly, ~,, Ste on Enclosures y w Post-it" Fax Note To ~/Gc s•t- ~ 7671 date ~!'-10-t+L paoe~' From /}t., .Sft ~•-J r Co. P~f Ctll IK~- Ptwna M S Y.7 - YJ`t/ ts- YS SUBDIVISION EVALUATION SHEET Proposed Development Name CHAMBERLAIN ESTATES SUB NO 2 City _MERIDIAN Date Reviewed 9/5/96 Preliminary Stage Final ~JC~CX Engineer/Developer Hubble Enor. !Howell Construction The Street name comments listed bebw are made by the members of the ADA COUNTY STREET NAM E COMMITTEE (under direction of the Ada County Engineer) regding this development in accordance with the Meridian City Street Name Ordinance. The following propose street name may be reserved for use in this subdivision "CHEWELAH" "KAMAY" "KALAMA" "CHEHALIS" is simil r to CHALLIS and therefore cannot be used "TEKOA" is similar to TEKOMA and therefore cannot be used "ROBIE" is a duplication and therefore cannot be used "WINDER" is similar to WINDSOR and therfore cannot be used " UNBURY" is a duplication and therefore cannot be used "SUMAS" is similar to SUMAC and therefore cannot be used The above street name comments have been read and approved by the following agency repa~tatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, GE Y EP E TIVES OR DESIGNEES Ada County Engineer John Priester Date __ ~ Ada Planning Assoc. Terri Raynor L ~ , :: ~ ~ Date ` ~G City of Meridian Representative Date y'- S'4(o N Meridian Fire District Representative ~ -. ,` C~'~.11-~ ~- Date ~_ • - %~ ~C= NOTE: A copy of thisevaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index _3N 1 E 05 Section NUMBERING OF LOTS AND BLOCKS ~p 7~/Y~~// ~, ~i. O/ice ~.n., -< . aeptember s, 195+6 Tr ~ 1TT 1~Tt~ T1T.~71TT liAl~l L LL~:Ll V ~!(r:L City of Meridian Mr. William Berg 33 East Idaho Meridian, Idaho 83642 Re: Chamberlain Estates Subdivision No. 2 Deaz Will, Below I have addressed each of the general and site specific comments from the staff report dated August 1, 1996, please include the following comments in the September 3 Council packet. GENERAL COMMENTS 1. With the exception of the Finch Lateral, irrigation and drainage ditches shall be tiled per City Ordinance 11-9-605.M and approved by the Nampa & Meridian Irrigation District. Notice of final approval will be forwarded to the Meridian Public Works Department. . 2. Any existing wells and/or septic systems contained within the bounds of the. plat will be . rvmvvod from dvmootio evrvioo per City Ordinance $votivn 5-7-517. . . Z ~ ~1P rPp OA71~~ ~1R~ fTTl~l771~\119}PT 10 Af1TTAV1tY19}P~t7 Fi ~~ AT }r1P ~17P0} P11~ AT~}~P /lP\/P~AfH11P~-} J. 111V JVW7V11{Ll lllb'11 ~',A VlY14 Y1 K4V1 1J 1Lt/~Jl V/WlJ4~V1,' V./ V4 611V Yt VJI. V11lL ;Vl L1tV YVY VIV~/111V11~ and approximately 6' on the east end of the development. Soil profiles aze being included in the development plans and will be resubmitted to the public works department with their comments. 4. Restrictive covenants aze being prepared and will be submitted to the City Attorney for review by September 6, 1996. 5. The Nampa & Meridian In~igation District shall be responsible for the operation and maintenance of the pressurized irrigation system. This system will tie into the existing system that is currently in use for Cougaz Creek, Tract No. S and Chamberlain Estates No. 1 Bubdivieione. A Dopy of the reoorded addendum betvreen the developer and the irrigation district will be forwarded upon its completion. Laura Bum, the districts legal counsel, is preparing the addendum at this time. 6. The Nampa 8i Meridian Irrigation District approval letter for the irrigation system will be submitted to the public works department. 7. ,The subject site is not considered a special flood hazard. 8. ~~~ Ieiter tiered September 3, I9~S. SITE SPECIFIC COMMENTS a) The Finch Lateral easement has been reduced from SO' to 77' as shown on the revised final plat, the reduction of the easement will be accomplished through the license agreement between the developer and Nampa & Meridian Irrigation District. This license agreement is currently being prepared by Ringe~Clazk Attorneys and will be approved by the Board on September 17, 1996. b) The average lot size is approximately 7,042 square feet per lot which is exclusive of streets, highways, alleys, roads, right-of--ways, and irrigation easements.. The average street frontage is approximately 74.11 feet per lot. Lots 24 through 28, Block 2 have been revised and now contain 6,512 squaze feet per lot.. ~ The 15' Meridian City pathway easement is located on the South side of the Finch Lateral and is included in the 7T Finch Lateral Easement. In a meeting with Shari Stiles and Bruce Freckleton Shari said that this would be satisfactory. d) The 10':public utilities easement along the back of lots 24 through 32, Block 2 is. included~n the ~2' portion of the 77' Finch Lateral easement that is located within the back of these lots. The license agreement includes an encroachment agreement allowing the 10' P.U.E. to be included in the 12' portion of the 77' Finch Lateral.easement. e) to a meeting with Shari Stiles she indicated that a map showing the pathway details was not necessary. 2. The minimum house size shall be 1,400 square feet. The plat has been revised to indicate this, see Note 10. 3. This is being worked on. Proposed street names are being reviewed this Thursday, September 5th, and a copy of the Ada. County Street Name Committee's final approval letter will be submitted to the City as soon as it is received. The subdivision name and two of the three street names have been approved we aze trying to get a third street name approved at this time. 4. If the measurements for the lots aze taken from the center points of the curves to the southerly front property pins, the lots meet the minimum frontage requirement of sixty-five (65) feet. 5. Six foot high perimeter fencing will be constructed prior to obtaining building permits, and non-combustible fencing will be constructed along the easement line adjacent to the Finch Lateral. A letter of credit, cash or other acceptable bonding instrument will be submitted for the fencing prior to the signing of the final plat. 6. • ~ The improvements listed in this condition will be in place and/or approved prior to the issuance of building permits. 7. Note 4 has been revised as requested. i3ote ~ nas peen revised as requestea. The second reference to Lot 5, Block 8 in Note 6 seems to be appropriate since it is part of the common lots which contain the NMID maintenance road, the 15' future city pathway and the Finch Lateral improvements. 8. Has been completed. 9. Has been completed. 10. Has been completed. 11. A detailed landscape plan, including profile, will be submitted to the City prior to signature on the final plat. In a meeting with Shari Stiles and Bruce Freckleton Shari indicated that this would be satisfactory. The landscape plan is being prepared now, and I anticipate having it submitted to Shari for review sometime next week.' A letter of credit, cash, or appropriate bonding will be submitted prior to signature on the final plat. 12. This will be complied with. 13. The development agreement has been submitted to the City for review. We anticipate having the development agreement approved within the next couple of weeks, if appropriate we would propose that the development agreement be approved and recorded prior to signature on the final plat.. 14. Fifteen copies of the final plat were resubmitted on August 30th. Thank you for your time and consideration. Sincerely, Tracey Persons Project Manager ti r MERIDIAN CITY COUNCIL MEETING: September 3. 1996 APPLICANT: KEVIN HOWELL ITEM NUMBER;. _ 2 REQUEST• FINAL PLAT FOR CHAMBERLAIN ESTATES NO 2 SUBDMSION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDl,HO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Kevin Howell Construction General Contractors 1087 W. River St., Suite 250 • Boise, Idaho 83702.Office: (208) 383-4302 • Fax: (208) 383-4387 September 3, 1996 ..-`~~;~ ~ HAND DELIVERED S ~ ~ _ ~ ~~~~ City of Meridian ~~.~,~ ~~ ~'~~'i~~~i -a..- Mr. William Berg 33 East Idaho Meridian, Idaho 83642 Re: Chamberlain Estates Subdivision No. 2 Dear Will, Attached please find three copies of the propsed development agreement for the above mentioned subdivision. Please forward a copy to Mr. Crookston for his review at your earliest convenience. Please notify meat 867-8713 when redline comments on the development agreement are ready to be picked up and addressed. Thank you for your time and consideration. Sincerely, Tracey Persons Project Manager attachment: three (3) copies proposed development agreement qb H''' ~ P~~ ~° ~~ ~`~ SUBDIVISION EVALUATION SHEET Proposed Development Name CI-LAMBERLAIN ESTATES SUB NO 2 City MERIDIAN Date Reviewed 8/22/96 Preliminary Stage Final X~CXX EngineeNDeveloper Hubble Enar. /Howell Construction The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Meridian City Street Name Ordinance. The followino existing street names shall appear on the plat as' "E STICK ROAD" "N LO UST GROVE ROAD" "N UGHRIDGE AVENUE" The followino new street names are approved and shall appear on the plat as' "N HANTILLY AVENUE" "CHAMPAIGN" is similar to CHAMPAGNE and therefore cannot be used "CHAMPION" is similar to HAMPIONS and therfore cannot be use d "CHAPARRAL" is a duplication and therefore cannot be used "CHARTER" is similar to CARTER and therefore cannot be used "CHANCE" is similar to LANCE and therefore cannot be used 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, NCY R EN ATIVES OR DESIGNEES Ada County Engineer John Priester Date ~ ~~ Ada Planning Assoc. Terri Raynor ~ t C ~. ~ - Date ~! `~ City of Meridian Representative Date ~ 1 ~ - 9 L Meridian Fire District Representative Date ~ 3~'~ NOTE: A copy of this evaluation sheet must be presented to the Ada County Engin " eer at the time of signing the "final plat , otherwise the plat will not be signed !!!! Sub Index Street Index 3N 1 E 05 Section NUMBERING OF LOTS AND B SUBDIVISION EVALUATION SHEET Proposed Development Name _ City MERIDIAN Date Reviewed 8/22/96 Preliminary Stage Final X~CXXX Engineer/Developer Hubble Enar /Howell Construction The Street name comments fisted below are made by the member, of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Meridian City Street Name Ordinance. The followina existing street names shall a{~Aear on the i?lat as• "E USTICK ROAD" "N LOCUST GROVE ROAD" °N LA HRIDGE AVENUE" The followina new street names are approved and shall aprear on the Mat as - "N HANTILLY AVENUE" ~~ uin.t .. , ~1 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, NCY RE SENTATIVES OR DESIGNEES Ada County Engineer John Priester ~ Date Ada Planning Assoc. Terri Raynor Date ~ ~ City of Meridian Representative Dated 2 Meridian Fire District Representative ~~ Date - a'3' ~~ NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index 3N 1 E 05 Section NUMBERING OF LOTS AND ENGINEERING ~C1~ y-~ • d ~„ RUBBLE ENGINEERING, INC. 1 208 378 0329 P.02i05 9550 Bethel Court ^ Boise, Idaho 83709 August 6, 1996 VIA FACSIMILE City of Meridian ' Mayor lZobert Corrie 33 East Idaho Meridian, Idaho 83642 RE: Chamberlain Estates No. 2 Subdivision Dear Mayor Come: 2081322.8992 ^ Fax 2p8/37&0329 ~EcE~v~~ AUG 0 6 1996 CI~'Y ~3~ ~wERlalar~ In our haste to address statF comments from a Memorandum dated August 1, 1996, we have evidently omitted some corrections to the final plat and need additional time to confer with staff regarding these matters. We therefore respectfully request the tabling of this item to the next available council meeting. - Sincerely, HUBBL;E >=NG[NEERING, INC. J es Merkle ~ G' AUG. 06 '96 15 56 1 208 3?8 0329 PAGE. 02 1 208 378 0329 P.03/05 '`~ ~7"' NUBBLE ENt~1NEERING, INC. v y 9550 Bethel Court • Bogie, Idaho 83709 206/322.8992 • Fax 208!378.0329 y~ SUitv~~~~ August 5, 1996 HAND DELIVERED City of Meridian Bruce Freckleton, Assistant to C~.- F,ngineer Shari Stiles, PBcZ Administrator 33 East Idaho Meridian, Idaho 83642 RE: Chamberlain Estates No. ~ Subdivision Dear Shari & Bruce: In response to your August 1, memorandum, please include the following comments and attachments to the August 6, Comacil packet. Please let us know if uiditional copies of this letter are needed for your staff or members of the Council. GENERAL COMMENTS 1. With the exception of the Finch Lateral, irrigation and drainage ditches shall be tiled per City Ordinance i 1-9-605.1 and approved by the Nampa & Meridian Irrigation District. Notice of final approval rv11 be forwarded to the Meridian Public Works Dept. 2. Any existing domestic webs and/or septic systems contained within the bounds of the plat will be removed from domestic service per City Ordinance Section 5-7-517. 3. Pending, soil profiles will be forwarded as soon as the infornption is available us. 4. Noted, restrictive covenants and/ or deed restrictions will be fon~varded as soon as the documents are available 'to us. 5. The Nampa & Meridian Iaigation District shall be responsible for the operation and maintenance of the presswized irrigation system. This system will tie into the existing system that is currently in nse for Chamberlain Estates Subdi~eision. A copy of the recorded agreement between the developer and irrigation disdict will be forwarded upon its completion. 6. Attached, please find app~val letter from Nampa-Meridian Lrigation District. 7. The subject site is not conadered a special flood hazard. AUG. 06 '96 15 56 1 208 378 0329 PAGE.03 1 208 378 0329 P.04i05 8. See this letter dated August 5, 1996. SYTE SPECIFIC COMMENTS 1. Lots 24-28, Block 2, contain approadmately 7,400. sq. ft. of fee simple property which are subject to a 15' irrigation easement in favor of the Nampa & Meridian Irrigation District and a 10' Public Utilities Fasetnent: The 65' wide common lots indicated as Lot 20, Block 2 and Lot 5, Block 9 will caMain the NMID maintenance road, the 15' future city pathway and the Finch Lateral improvements. We believe that the 65' wide common lot will meet the needs of all concerned aasi is a width similar to what has been done in the past wiRh projects such as Cougar Czeel~ Dowell Tracts and Finch Creek, 2. Note 10 has been revised to 1400 sq. ft. 3. Attached. Plat reflects approved names. 4. If the measwements for the lots are taken from the cemer points of the curves to the southerly front property pim, the lots meet the minimum frontage requirement of sixty- five feet (65'). 5. A letter of credit, cash or other acceptable bonding instrument will be submitted for the fencing prior to the signing ofthe final plat. 6. The improvements listed in this condition will be in placed and/ or approved prior to the issuance of building pernrits. 7. Note 4 has been revised as c~oquested. Note 5 has been revised as requested. The second reference to Lot 5, Block 9 in note 6 seems to be appropriate since it is part of the common lots which contains the NNID~ maintenance road, the 15' future city pathway and the Finch Lateral improvements. 8. Will be complied with. 9. Completed, see revised signature page. 10. Will be complied with. 11. Landscaping plans and bonding will be submitted prior to the signing of the final plat. 12. We aze not aware of any inconsistency with lot numbering, could you please be more specific as to the corrections needed. 13. If appropriate, we would propose to submit a development agreement prior to the signing of the final plat. AUG 06 '96 155? 1 208 378 0329 PAGE.04 RUG-06-1996 16 00 RUBBLE ENGINEERING 1 208 378 0329 P.05i05 1~. Attached, please find 11 copies of the revised plat. Thank you for your time and consideration. Sincerely, RUBBLE ENGINEERING, INC. ~ ~~~, Ja s Merkle ~' ~ chamber.flt AUG 06 '96 15=57 TOTAL P.05 1 208 3?8 0329 PAGE.05 ~ ~ MERIDIAN CITY COUNCIL MEETING: August 6.1996 APPLICANT:_ KEVIN HOWELL ITEM NUMBER; 12 REQUEST: FINAL PLAT FOR CHAMBERLAIN ESTATES NO 2 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. HUB OF TREASURE VALLEY WILLIAM G. BERG, JR., City Clerk A Good Place to Live WALT W. MORROW, President JANICE L. GASS, City Treasurer i CITY OF MERIDIAN RONALD R. TOLSMA C E BRUCE D. S ART, Wat er w rks s~pt. GLENN R. BENTLEY JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83642 P & 2 COMMISSION PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS Fire Chief Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman , W.L. "BILL" GORDON, Police Chief Public Works/Building DepaRment (208) 887-2211 ' TIM HEPPER WAYNE G. CROOKSTON, JR., Attorney Motor Veh icle/Drivers Lic~se (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Maya MEMORANDUM: August 1, 1996 To: Mayor and City Council From: Bruce Freckleton, Assistant to City Engin Shari Stiles, P&Z Administrator ~~ Re: CHAMBERLAIN ESTATES NO. 2 SUBDIVISION (Final Plat - 29 Lots on 9.71 Acres by Kevin A. Howell) We have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant for final plat approval: Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. '~ Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions, as prepared by a soil scientist, with street development plans. Submit copy of proposed restrictive covenants and/or deed restrictions for our review. 5. Provide a statement as to whether the pressurized irrigation system in this development is to be owned and maintained by the irrigation district or the Homeowners Association. c:~ot~tc~wrwn~nctavtaut,~c~tttatz.Fr Mayor and City Council August 1, 1996 Page 2 :~ Submit letter from Nampa-Meridian Irrigation District for subdivision and pressurized irrigation design approval. A letter of credit, cash, or appropriate bonding will be required for these improvements prior to signature on the final plat. 7. Indicate any FEMA Flood Plains affecting. the area being platted, and detail plans for reducing or eliminating the boundary.. 8. Please address all items contained in this memorandum in writing, both General and Site Specific, and submit to the City Clerk's office prior to August 6, 1996. 1. This plat does not fully conform to the previously approved Preliminary Plat map. Preliminary plat showed reduction of 80' Finch Lateral easement to 54'; this is now shown as 65' . Applicant's representative indicated at P&Z public hearing on 5/31 /94, and at CC public hearing on 7/19/94 (see attached minutes), that the request for R-8 was only to provide relief on the frontage requirements and that the average lot size was 8,000 square feet. Verify that the net square footage of all lots meets or exceeds the minimum allowed in an R-8 Zone. The net square footage shall be determined exclusive of streets, highways, alleys, roads, right-of-ways, irrigation easements and land which is used for the conveyance of irrigation water, drainage water, creek or riper flows. Lots 24-28, Block 2, only contain 6,290 square feet and do not meet the minimum requirements of the R-8 zone. In addition, the 15-foot-wide easement along back lot lines is unacceptable. Applicant's representative assured the City this would be provided as a common lot. No public utilities, drainage and irrigation easement has been provided across the back of Lots 23-32, Block 2. No public utilities, drainage and irrigation easement has been provided for side lot lines adjacent to the Finch Lateral for Lots 4 and 6, Block 9. A map showing the pathway details was also requested and not received. Applicant's representative also stated on 5/31/94 that a written response would be provided to our comments; to date, this has not been accomplished. 2. Findings approved by the City Council on 7/ 19/94 required a minimum house size of 1,400 square feet (see attached minutes). Revise Note 10 to indicate this. c:~om~ca~wrwu~ncsaxme,~.~c~swxz.Fr Mayor and City Council August 1, 1996 Page 3 %3. Please submit a copy of the Ada County Street Name Committee's ~ approval letter for the Subdivision and street names. Make any corrections necessary to conform. 4. Put arrows on Lot 18, Block 2, and Lot 2, Block 1, to indicate house frontage is on W. Chanterelle Drive because these lots do not meet the minimum lot frontage on N. Laughridge Avenue. Add arrow symbol to legend. 5. Permanent, 6-foot high.perimeter fencing must be constructed prior to obtaining building permits, except where the City has agreed in writing that such fencing is not necessary. Permanent, non-combustible fencing is also required on the easement line adjacent to the Finch Lateral. A letter of credit, cash, or appropriate bonding will be required for these improvements prior to signature on the final plat. 6. Streetlights and street signs are to be in place, the water system approved and fire hydrants are to be active, and Streetlights and street signs are to be in place, water system shall be approved and fire hydrants are to be active, and road base is to be approved by the Ada County Highway District to prior to obtaining building permits. 7. Please add or revise the following notes: (4.) ...time of re-subdivision, or as allowed by Conditional Use. (5 .) ...and drainage easement, except as otherwise dimensioned. (6.) Revise to delete second reference to Lot 5, Block 9. 8. Complete the Certificate of Owners and the accompanying Acknowledgment. 9. Revise the statement of domestic water service origin note in the Certificate of Owners to read: "All lots within this plat will be eligible to receive water service from the City of Meridian's municipal water system, and the City of Meridian has agreed in writing to serve all the lots in this subdivision." 10. Complete the Certificate of Owners and accompanying Acknowledgment. 11. Twerrty-foot planting strip is to be required along entire frontage of Locust Grove except for driveway location for Lot 21, Block 2. Applicant to submit detailed landscape plan, including profile, for approval prior to signature on the final plat. A letter of credit, cash, or appropriate bonding will be required for improvements prior to signature on the final plat. c:~or+~rc~wrMnaaec~w~.u~~u.rn.Fr Mayor and City Council ,/ August 1, 1996 Page 4 12. Lots are not numbered consecutively; revise per Ada County Street Name Committee's requirements. 13. A development agreement is required as a condition of annexation. All details need to be adequately addressed prior to approval of the final plat. It would appear that substantial redesign is required to meet Ordinance requirements and the Applicant's representations. 14. Submit 11 copies of the revised plat. c:~omnce~wrwn~na~ex,~u.ea Meridian Planning & Zoning May 31, 1994 Page 36 Rountree: Any ether questions? Tanks Jim, anyone else wish to testify? Seeing none I will close the public hearing. Discussion, comments, recommendations. Nobody wants to make a motion. Shearer:. I move we have the Attomey prepare findings of fact and conclusions of law for this project. Hepper: Second Rountree: It has been moved and seconded that we have findings of facts and conclusions prepared, all those in favor? Opposed? MOTION CARRIED: All yea ITEM #6: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR CHAMBERLAIN ESTATES NO. 2, 28 LOTS BY HOWELL CONSTRUCTION AND RUBBLE ENGINEERING: Rountree: I will now open the public hearing, someone from the applicant. (End of Tape) Jim Merkle, 9550 Bethel Court, was swum by the City Attomey. Merkle: I am here this evening on behalf of Kevin Howell the applicant. Again I have the Highway District's comments for your packet which shows a little map on it far the vicinity of the project. The second or third to last page kind of shows a vicinity map for you to look at. This application is located about a 1000 feet south of Ustidc Road on the east side of Locust Grove. This is just directly north of the Chamberlain Estates subdivision which is an approved subdivision just beginning construction: This application is for ~tnexation R- 8zoning on 9.7 acres with 28 lot preliminary plat, this provides a density of 2.9 lots per acre. Which is well under the R-8 zoning, the reason for the R-8 request is the lot width requirement, your R-4 zoning requires 80 and we have some deep tots here and we want to keep the widths down to 70 or below and still have the lot square footage of an R-4 and the density of an R-4 but have an R-8 zoning to provide us with some relief on the width of the lots. The applicant is proposing home sizes with a minimum of 1300 square feet which is similar to what was approved on Chamberlain Estates. Access to the subdivision will be from.a future street, which is not constructed yet in Chamberlain Estates at the southeast comer. Also, 2 stub streets are proposed, one to the north, one to the east. Also the culdesac at the west end will have right of way that touches the adjacent right of way so that in the event that the property to the north develops they can take that road up Meridian Planning & Zoning May 31, 1994 Page 37 and out wherever they see f~ I would like to point out the entrance to Pheasant Pointe or Howell Tract is right here. In talking to the Highway District they did not want a direct connection like this to provide basically a residential street to act as a collector in the long run. We have the situation where we have a (inaudible) by a 1/4 mile and he thought that this piece could just loop bade up and around and acxess out onto Ustidc Road. So there will be a piece of right of way touching there so they can take this road off whichever direction they want to into that particular street right there. Again we met with the Highway district at the technical reviewon May 20th and they recommended approval as proposed. The streets within this subdiv~ion will be built to the Highway Districts standards, 50 foot of right of way, 36 foot streets and 5 foot sidewalks as required by Meridian. Sewer for the project will be provided by t~ extension of the 18 inch south slough trunk which is now located at the street entrance on Locust Grove to Pheasant Pointe. That will be run through a sewer access common lot which is in Green and right onto the east. This trunk sewer will eventually serve the City's impact area all the way to a 1I4 mile west of Cloverdale road. Water for the subdivision will be extended from the lines Chamberlain Estates 1 once those are stalled. The applicant doesn't anticipate developing this particular piece until after Chamberlain -which is to the south of him is completely developed, that would be one to 2 years. So this is something that is down the road. The existing south slough or Find Lateral whichever you want to call it traverses this property in the vicinity of the dashed line. It comes into the property at the north and kind of traverses through and back Up onto the culvert of Locust Grove. ]t7le are orooosina the reali n this ditch as was done between Howell Tract and Cougar Creek and that is represented by the solid lines The realignment will provide obviously room for the water to traverse but also for Namrra ~+~a~=mss road on the north side, they do not have any access road right there now. They just drive through the pasture to get to it. Th_ e e wall be an access road on a Wort side and then room for the future ci at ~ the ~autb. As I said the new alignment which is not too much differen as it is shown in the solid. Pressurized irrigation far the subdivision will be provided to these lots and tied into the system that will be provided in Chamberlain Estates. This is the same developer that did Chamberlain and he kind of went bade and rethought his conclusion on pressurized irrigation and is going to provide for Chamberlain as well as Chamberlain 2, this proposal. I vuould like to address the Citl- Engineer's cromments on this proposal. ~~uld I,_, ilk t0 St2t[~ fnr hnfh f_fln. ~.,a eu....:~.. 6....-_s.• •~_.. ... ... _ ~_ --- ------ --- ~ .....~.-...~ .. . umm a is q y1JVV 1~7aa to eliminate some miscommurrcation. Particularly I vuould like to talk about his comments about Lot 4 -Block 1, that was item 11, what happens the mature trees on Lot 4 -Block 1, can they be saved as existing residents on this lot to be removed Again we have a situation where there is an e~osting residence south and west of the existing ditch of the proposed ditch and isolated from the rest of the subdivision. The applicant is proposing the demolish, remove the house, save as many trees as he can but still allow this lot to have access to Locust Grove. The remainder of the subdivision will have interior Meridian Planning & Zoning May 31, 1994 Page 38 circulation. -Because of the alignment of the ditch, slough it is not practical for his to put a drnreway across (inaudible). We have discussed this situation with the Highway District and since there is an existing residence there even though t is going to be removed they will still (inaudible) and allow this to have access to Locust Grove. His comment #12, regar~ng status of the culvert under Locust Grove, there are no requirements to provide good or bad there are no requirements at this time by the Highway District to provide widening for Locust Grove, it is on their 5 year plan for improvements. Which I think it was spoken about earlier possibly 1996 or 1997 I don't know when they are going to improve it. But the requirements up and down Locust Grove right now are just to deed the right of way 45 foot, trust fund for the sidewalks but not to improve or vKden curb, gutter, sidewalk or streets. So, in my opinron a cu vert will stay as it is until the Highway District comes through and does the project probably from Fairview all the way up to north of Ustidc. Regarding Shari Stiles comments, again ovide her with a list addre of these items articular) thou h items 1 and 2 com wt am we have this 1000 foot long issue that is in .your ordinance for Block len .The block length on e south, the proposal to the south of us between our proposal and it, we are in e~acess of 1000 foot she is right. But there is no stub street provided for down here and by your definition of a block lengtfii we are going ~ have a longer than a (inaudible). So we wily requestin~a variance for that issue. Item 3 talks about Lot 4 -Block 1, which is that little lot at the southwest comer. We are proposing to access Locust Grove with that lot, again due to its proximity with the south slough and the driveway over the 5 foot culvert for a driveway and the Highway District does not have a problem with us just accessing Locust Grove. alks about a se orate lot for the Cityy's pathway plan. It is not shown that way, we have shown t is exactly like we showed Cougar Creek and Howell Tract but that is probably better idea of what she has come up with to provide a separate lots for homeowners to maintain. d the a licant is willing to modify that and inducts that in one common lot from here up to therefor maintenance respon ~ ~ i ies. n, think it was spoken earlier in the Bedford Place application about the City and Nampa Meridian coming to a meeting of the minds on what is going to be required on these pathway plans. I am not going to say tonight what will be done and what won't be done other than we will work with Shari and Nampa Meridian District to come up with a solution. ut that will be in a common lot as she has t_ Also on Locust Grove there will be a 20 foot landscape~erm and fence to go along with what is proposed for Chamberlain and what is going across the street in Howell Tract. They have already built they berm and this will be comparable to that, except for where that driveway~ss is out to Locust Grove. I believe that addresses their comments, at this time, and I would like to answer any questions if I could. Hepper: I have a question, you originally stated that the lot size and the building size would be the same as an R-4, you mentioned you wanted the building size to be 1300 square feet. Meridian Planning & Zoning May 31, 1994 Page 39 . Merkle: No; if I said that I mispoke, what I meant Commissioner Hepper is the density and _square footage of the lots would probably meet the R-4, we are askin for R-8 because of. house size wt a same as what hamberlain was approved at which was 1300 square foot minimum. We are not proposing to meet all the R-4 requirements, t~vas lust statin for informational o~rt~SPS that~e are meetin4 density and !ot square footage of R-4 but wee are asking for R-8 zoning. Hepper: Are you sure Chamberlain was approved at 1300? Merkle: Yes J am, in fact if staff could look it up in the minutes and see what is says, I think it says 1300 if it says 1350 that is what we will go with. Hepper: If it said 1300 it is one that slipped by us. I know that has been out intention to keep everything at 1350 out there. Merkle: If the City wants to go 1350 here !don't think the applicant will have a problem with that. Hepper: I think those are our intentions, at least my intentions. Alidjani: Wayne is is possible to look that up? Crookston: Tonight? Alidjani: Is it possible to look that up 1300 or 1350? Crookston: Yes, tonight? Alidjani: No Merkle: 1 would propose that whatever is there vue would request here. Rountree: Any other questions? Thanks Jim, anybody wish to testify on this issue? Vern Almond, 2101 East Ustick, was sworn by the City Attorney. Almond: I guess t have some questions, I adjoin this, property to the east and the question that I might have is there a possibility down the road I have looked over the proposal for the location of the sewer with the road access going to the east out of that subdivision. Is there a possibility down the road that this might change, this location and this road. I think they have done some of this in the past to some property adjoining me and I am just Meridian Planning & Zoning May 31, 1994 Page 40 . wondering if-that is possible for something like that to happen. Shearer: You mean to not put that stub street in? Almond: Well, to change the location or change the location of the sewer or whatever. Because I think before they had some streets that they changed coming into my property that they did change and I never knew anything about it. And it does affect Shearer: You are to the east and not to the north of this. Are you to the north too? Almond: I am north of the other previous Chamberlain. I am east of east of Chamberlain No. 2. There were some changes on the roadways in Chamberlain 1 which I knew nothing about until is was all over with. Fortunate to me I think they are ail right, but I wonder if that can happen again. Shearer: It is not too likely looking at this piece of property. Rountree: At this point we receive the comments from Ada County Highway District so I think it is unlikely but it would be something you would want to look at at the City Council stage when they look at the preliminary plat as well to make sure there hasn't been a change. You should be noticed when that happens. Almond: Okay, I don't know and I guess I should have known, presently my irrigation water and if 1 understood it correctly at that time, my irrigation water if it drains, I am talking about not being used and it has to go somewhere. Presently it goes over to Chamberlain No. 1 and is there until it gets down to Finch Lateral. And I was under the impression that was the same way it would be, if I am, I would like to know if I am wrong on that. Also that same irrigation also comes from additional property to my east and south. Okay another thing I am wondering about is whether there is a proposal for fencing. I am back on this fencing deal because being a farmer I have a problem. I don't know whether there is any provision. But anyway presently next to this property right now, north of this property there is a bull out in that pasture and I don't think anybody in the subdivision would want their children getting out with the bull in the pasture. I think there needs to be some fences also, for the the (inaudible) he has some cows and I have some cows and presently the children are over there and the mother coves are going to protect the calves and I don't think these subdivision people understand the danger that can develop from not having fences to keep their children away from those. A day or so ago I was up al~g the canal which feeds my irrigation ditch -and here are 2 little kids up there and they found some ducks in that canal. And they were in there trying to rescue them, they weren't in the canal, but they were there along that canal to rescue those little ducks. You know that is dangerous and they were way away from where there were any people that knew about Meridian Planning & Zoning May 31, 1994 Page 41 them. They came from the subdivision to the west quite a distance. I would like also, that Finch Lateral whenever there is a rain storm, it flows real heavily. and I am concerned that if there isn't some fencing done along there, there are going to be some kids and what not in danger. I would like to see, I farm other places along subdivisions and I have found when there were put in faces I get along pretty well,. but without-them I have a lot of problems. Thank you if you have any questions I would be happy to answer them. Rountree: Any questions for Mr. Almond? Thank you, anyone else wish to testify? Mr. Merkle if you would address some of the questions. Merkle: to my knowledge the streets and sewer alignment are not going to change from the proposal at the east end of the subdivision. I met with Mr. Almond a week or 2 ago and shared some information about the trunk fine and approximately about where it might be going through his property. The irrigation water that he was speaking of is this field right here that he owns. Here is Chamberlain 2 here is Chamberlain 1 the water comes down here and corrugates to the north. When he doesn't use it, it runs along here and gets (inaudible). That will accommodated for in Chamberlain 1 and (inaudible). I believe the applicant proposes to fence the back of the tats adjacent to the drain, that is what he has done in Howell Tract. There is a fence on the north side of the access road at the back of the lots. And since he owns the lots on both sides I wouldn't propose that he vwuld probably be fencing the back of the lots on both sides of the drain. Regarding his comments about safety near the drain, that is something the City is going to have to grapple with as far as safety and liability issues if they propose greenbelts along irrigation laterals. And that would be all unless you have other questions. Rountree: Anyone? Hepper: Did you mentioned fencing along the property to the north? Merkle: No, I did not. Hepper. Would that be possible to put in the restrictive covenants? Merkle: That each lot owner will be required, I think that is something we could vuork with. Hepper: Within a certain time frame, like their landscaping time flame within 30, 60, 90 days that they be required to put in a 6 foot cedar fence or something like that. Merkle: Okay, I think that would be acceptable to Kevin. Hepper. I think most of the property owners would Ibe doing that anyways. But if you made Meridian Planning & Zoning May 31, 1994 Page 42 it a restrictive covenant then you v~uldn't have one or 2 that tried not to. Merkle: And then possibly we could have them all .pretty close to the same type. I know in the subdivision south of Chamberlain there are many different types of fences as there are houses. Hepper: I don't think Mr. Almond is concerned about the type as he is about the fence. Rountree: Any other-questions? Hepper: How about putting a fence on the street stub to the north there, that would be the developers responsibility. Merkle: Yes, and as I stated earlier with the approval of the Highway District it will be their right of way to the property line, as long as they can. t know they put barricades but they don't put fences up. Hepper. I think otherwise you are going to have kids walking right ~ the fence there. Merkle: And that is a typical issue with subdivision that are platted adjacent to existing agricultural. Hepper. 1 think that would be the developers responsibility on that and to the east that could be a temporary type fence, something that could be taken down quite easily later on. But something to keep the kids out of there. Merkle: Again, in conclusion I would like to state that the key issues are providing the common lot for the ditch and the 20 foot landscape on the frontage. I will modify that and give it to Shari and let the process continue. Thank you. Rountree: Anyone else wish to testify? Don Brian, Locust Grove, was sworn by the City Attorney. Brian: (inaudible) we need to check our Compr~ensive Plan because 1 think it specifically states that new developments where it joins agricultural land is required to be fenced. It either has to be landscaped berm or fenced in some substantial blocking. I think it is all cut and dry in the new comp plan. That is all I have to say. Rountree: Anyone else wish to testify? Seeing none I will close the public hearing. For the record we did find the findings of fact on the Chamberlain 1 it did specifically say house Meridian Planning & Zoning May 31, 1994 Page 43 size shall not be less than 1301 square feet. Shearer: I move we have the attorney prepare findings of facts and conclusions of law on this project. Alidjani: Second Rountree: Its been moved and seconded that we have findings of fact prepared for this proposal, all chose in favor? Opposed? MOTION CARRIED: All Yea Rountree: Any other comments, discussion from anyone? I have one thing that I would like to direct to Gary, with respect to your comment about what City Council said about having all the i's" dotted and "t's" crossed for subdivision plats, when these things come back to us in the form of findings of fact that. is usually the point that we act on the preliminary plats. Is there some vehicle you can let us know that al! the concerns have been taken care of, or have not been taken care of and what the specifics are so we can act on those as well? Smith: Yea !can. Alidjani: Maybe we can table it. Rountree: Yes, we can table it or deny it or whatever. Smith: I think what Mr. Markle is proposing tonight and some others have done in the past is if .they physically address our comments, Shari's and my cromments and anyone else that makes comment or questions or whatever they might be that they address that in a written format and then it is of record. So, everyone knows where each one of us stands on these items. And when we review the findings and there are still unanswered things then they can be brought up at that time. I think the (inaudible) for the engineers, developers and surveyors to get back to Shari and I and get these things answered right away. And that way when you ask me a question or Wayne Crookston asks me a question or the City Council asks a question we have an answer for them. Hepper: I haves a question Gary, what do we have for means of enforcement when the developers saythey will do something and they get your approval and go out_and don't do it? Smith: I think that the developers agreement is being developed right now and if these Meridian Planning & Zoning May 31, 1994 Page 44 agreements are going to be commonplace for ail developments then there is a specific form of agreement. If the condition, Wayne and I met today and we were talking about these agreements and I think that it would be appropriate for the building department, namely I am trying to get another person on board over there to help on the work load. But that person, one of their responsibilities would be to make sure that these improvements that are required are completed and that they are completed at the very least time wise before any water meters or occupancy permits are issued to a building. And hopefully much sooner than that At the time we do our final inspection for sewer and water facilities, a final inspection would be done for ail those improvements, such as fences, berms, streets lights, street signs, irrigation piping whatever it might be outside of standard sewer and water and standard street construction. All of those items that will be named in the developers agreement as editions of approval will have to be done. And if they are not done then the developer will be put on notice and 1 don't remember the exact language that we had in that rough draft Wayne. They were that the developer was to be notified that they were not completed and that he had a certain length of time to complete or that a notification of water meter or occupancy permits weren't going to be issued until such time that they were. Or the developer has the opportunity to come before the City Council and voice his concerns about the development. But anyway w+e will be looking at that because right now the only time we don't know, the only time we know something hasn't been done is when a resident of the subdivision calls in or an adjacent property owner ifi it is an irrigation piping or whatever.. We get notified outside of anyone here ~ City Hall and that is not the way it should be done. I think this person I am trying to get on board will be put to good use, kind of policing that part of it Rountree: Thanks Gary, well I need one more motion before I can resign my Chairmanship. Shearer: I move we adjourn. Alidjani: Second Rountree: Moved and seconded that we adjourn, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 9:50 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) Meridian City Council July 19, 1994 Page 67 conclusions of law with the replacement of a 15 foot landscape setback required under the Comprehensive Plan. Morrow: Did you wish to include in your motion that the applicant submit a landscape plan for this site? Cowie: Yes Morrow: Second Toisma: Moved by Bob, second by Walt to approve the findings of fact and conclusions of law with a 15 foot setback instead of a 35 foot setback and that the developer provide a landscape site plan for the project, roll call wte. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea MOTION CARRIED: All Yea Torfin: Can I ask for one clarification and it will be brief when we submit the building plans the site plans and the landscape plan will be submitted for review is that a staff level review? Morrow: The landscape review plan based on the motion would be done at the staff level because the public hearing was not continued to the next meeting for that presentation. So it would be up to our #1 gal to take care of that. (Discussion Inaudible) Crookston: I think you need to table the ordinance because you are still waiting for the landscape plan. Morrow: So moved Cowie: Second Tolsma: Moved by Walt, second by Bob to table the rezone ordinance until we have a landscape plan, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #21: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING WITH A Meridian City Council July 19, 1994 Page 68 PRELIMINARY PLAT FOR CHAMBERLAIN ESTATES N0.2: Tolsma: Is there a representative here? Jim Merkle, 9550 Bethel Court, Boise, was swum by the City Attorney. Merkle: Mr. President, members of the Council, I am here this evening on behalf of Kevin Howell the applicant.. This.proposai is located about 1000 feet south of Ustick Road on the east side of Locust~Grove Road, just north of Chamberlain Estates Subdivision which is an approved subdivision by the same applicant just to the south. This is the rrortherfy piece of that already approved subdivision. This application is for annexation and R-8 zoning on 9.7 acres with a 28 lot preliminary plat. This provides us a density of 29 lots per acre. We are proposing home sizes with a minimum of 1350 square feet which is typical for the surrounding R-8 zoning to the west side of Locust Grove and what Kevin had approved on the Chamberlain plat just to the south of us. Access to the subcf~vision, right now we don't have any and it will be a condition of the city and the Highway district that we can't have access to the subdivision until this phase of Chamberlain does get constructed. Obviously our one access right now is here, we are providing stub streets to the east, to the north in this location and also some adjacent right of way at this location to punch up into this property when it develops. Pheasant Pointe access is right there. In talking with the Highway District we did not want to have this come through like that, it just creates a problem on residential streets to have through areas going a 1/4 m~e. So what they are proposing to do is have the acxess come up and loop up into the property like that and at some point access out to Ustick. All the streets within the subdivision will be built to the Highway District standards with the addition of 5 foot sidewalks as is required by the City of Meridian. Sewer to the project will be from the extension of the 18 inch South Slough sewer trunk which will come through the site and end right here. I would like to address the existing South Slough. This dotted line right here nrpresents the existing easement for the South Slough, it comes right through there and punches under Locust Grove. The applicant is proposing to realign this so we can have lots here back up to the south side lots back up to the front side and punch it ~ where it goes to Locust Grove existing. We will have the 18 foot Nampa Meridian access on the north side and we will leave 15 foot on the south side for the City's path, fior the pathway plan that identifies this particular slough as a pathway plan. One point of interest, this particular lot right here, there is an existing house on that lot right there and it right now provides acxess out to Locust Grove. We are wanting to continue that, that house will be tom down but we want to continue the access out here which is acceptable to the Highway District onto Locust Grove. The fact being that it just doesn't seem feasible to punch something across and put a big 7 foot (inaudible) to serve one lot so it was acceptable to leave that access out onto Locust Grove. Pressurized irrigation will be provided as the City ordinance to tie into the existing system that will be existing once it is put in for Chamberlain. Regarding Meridian City Council July 19, 1994 Page 69 Gary Smith's and Shari's comments, typically I provide a~written response to each of them I did not do that in this case, however, if you want~to I can go through them one by one or have them question me and I can answer. BuY none of them are insurmountable. I can submit the stuff provide it to them, or some of the stuff Shari wanted I have already provided on this plat and submitted it to them, if is a little bit drffen3nt from the Planning and Zoning. If you have any questions, or if Gary or Shari has any~comment I would like to address that at that time. Crookston: What is the average size of your lots? Merkle: I don't have a calculator on me right now, but I would guess they are in excess of 8,000 square feet. If I may what I think you are getting at is the R-8 versus the R-4, the reason we are going with R-8 here is the frontage. We have deep deep lots, 140 feet, 110, 108, we have some extra wide lots, but to go to an R-4 here we would lose a couple lots. We are only 2.9 lots per acre. The ~uriounding use is R-8. It is kind of lice the same situation we had over here on Cougar Creek, we have a narrow long side one road down the middle and we have 74 foot wide lots by a 120 and 140 in that case. So it is our opinion that the R-8 really it is not a big problem here. As far as the annexation goes we could with the development agreement set a maximum units on what is proposed tonight with the annexation. Cowie: How would the developer feel abaft 1400 square foot minimum homes? Merkle: He would probably rather have 1350. Come: Do you think he would go with the 1400, we are going to run into a problem here before too long. Merkle: I think that would be acceptable. Cowie: It would make our job a little easier down the road. Tolsma: Has this planned changed, Shari has a comment here that Block 1 is otter a 1000 feet long. Merkle: Right, and that was the original submittal some 2 months ago, but sirx:e then we put the stub street in and we have eliminated that long block. Tolsma: I see the school district doesn't recommend approval of this one either, do you have any comments on that? Meridian City Council July 19, 1994 Page 70 Merkle: Councilman Tolsma, does it say in their letter dated May 5th. Tolsma: I was reading in the findings of fact in-here. Cowie: Are they going to have a mandatory homeowners association with this? Merkle: Yes, it will probably be in accordance Frith Chamberlain to the South since they are trying to make it all one subdivision. Is there anything else? Tolsma: Anyone else from the public wish to after testimony? Vern Alleman, 2101 East Ustick, was sworn by the City Attorney. Alleman: I have some concerns and I expressed them at the Planning & Zoning and I don't know what the status is at this point., One is a question, previously this subdivision the other part of Chamberlain I believe it is, they had changed the roadways irdo~ my property and I got no notice of it. I think this was after it had been approved. VYhat they did I approve of I think it was better all the way around, but I am concerned ~ they come along and change the access to my property without me having after it has been approved can they change it. And the other question is, of course it was pointed out at the Planning and Zoning that because I am agriculture that they have to provide fencing between me and the subdivision. I wonder what provision tltere are for that and when the fencing is to be put in and by whom the fencing is to be put in. Put in by the neighborhood association, who oversees that it is done and what type of fencing it is. I am concerned, ! have been very concerned about this all through the Planning and Zoning at the Comprehensive Plan I have expressed by cartcems about this. Farming and subdivisions are not compatible and it is to their advantage just as well as mine that ~ have good fencing between farming and subdivisions because when children get over and this has been brought out in many of the hearings, when children get over into fanning and where you have livestock you are in for. some probje~n because children can get hurt not only that we do have the South Slough there they can get into the South Slough and there can be some problem. And of course l worry about them getting into the irrigation and t have the extra problems with the irrigation and all that causes. Morrow: 1 think to answer your question the action the Council has taken with recent annexation requests that l think the Councl has been very specific and put the developers and the development folk and realtors on note that they are to speafically spell out within the covenants and restrictions that the agricxiural uses exist immediately adjacent to those subdivisions for as long as they choose to exist that those fences go ~ prior to any construction'in terms of actual homes so that the trash that builders have that blows into agricultural fields and gets into hay and things Ilse that does not happen. 1 think that our Meridian City Council July 19, 1994 Page 71 staff right now is currently dealing with a development that has not put their fencing as quickly as possible and I suspect that the Council's direction if it is not quickly remedied will be to stop building permits, stop anything that goes on in that subdivision until that is remedied. So, I think that you will find that we are trying to be extremely sensitive to existing uses for as long as those folks wish to have those uses around. That both the development folk and the realtors end ultimately the buyers of the property are aware of what rights are being retained by the existing ordinance of surrounding properties. Alleman: I would compliment you on that. What type of fencing are we talking about when we talk about fencing, is there any provision for that? Tolsma: (Inaudible) Morrow: I have seen everything from 6 foot chain link with divider bars, to 6 foot cedar fencing. •~ Alleman: So, it is just a matter of stringing a barbed wire fence and saying this Morrow: No, the fence is designed to be blocking fences that do keep trash and force quite candidly a lot of my peers are real trashy folk. And the concept is that we stop doing that, we are not the best of citizens as builders. Most builders and most people that work for builders do not recognize that pieces of siding and trash that get in a hay stack can kill a $1000 in the space of a couple of hours. And so I think that this Council and Mayor have determined that they will recognize that as an issue and. deal with it very quicfcly. Generally speaking the fences that we are approving are fences that do not allow for sight through nor pass through debris. Alleman: And I might say pedestrians Morrow: As best we can. Alleman: I guess the other question is can they change the road access and the sewer without my knowing it once it has been approved or the way they have it drawn? Tolsma: If it was on the final plat it can't be ch~ged. Crookston: Not- without a request to amend the final plat. Alleman: Would I know about that though? I didn't know about when they changed the other portions of this subdivision. I never knew they changed it, I compliment them it was an advantage, it wasn't the way it was previously. What is to say they might do something Meridian City Council July 19, 1994 Page 72 that wasn't an improvement and I would never know about and yet it would affect. Crookston: If there is a substantial amendment to the plat there were would have to be anew notice, but whether or not, that is kind of a subjective call as to what is substantial amendment. Alleman: The thing of it is where the sewer and roadway is as of now is as of I think it should as best it can be, but if they changed it it would not be to my advantage. That is why I don't know how to address the problem, if they come along and want to change it I don't think they will but now is the time to bring the question. up. Crookston: We don't really have anything that addresses your specific question. Alleman: So they can change it and I would never know. Crookston: Well, it depends on what kind of change it is. It may be something that you would not be notified of and it may be something that you would be . Alleman: Can we make a specfic that the street and sewer won't be changed without my notification? Crookston: That is not up to me. Alleman: That would be my concern that they couldn't. Tolsma: Where do we go on this, if we approve the final plat, it is a pre~ninary plat (inaudible). So if this plat changes somewhere between now and the final plat what would be a significant change so that (inaudible). Corrie: That is the subjective part. I guess we could ask you to do it 1 suppose. Morrow: I think we handle that by making that a condition of approval because it is an annexation request. I think on the rebuttal that Mr. Merkle will address that issue. (End of Tape) Tammy DeWeerd, 2090 West Chateau, was sworn by the City Attorney. DeWeerd: I reluctantly come up again before you but I know if I wake up in the morning and haven't done it I would be really angry with myself. I apologize for exten~ng your lack of sleep. We decided to take you up on this additional rebuttal on another public hearing Meridian City Council July 19, 1994 Page 73 and so here I stand. I want to relay our frustration with the public hearing process, we went to planning and zoning they said they can ply deny ~on technical merits, we went to ACRD and they say they only are a small part of the application and can't deny a development. The school district sends a letter that doesn't have any impact so they all point to you our elected officials. What is the point of a public hearing where the residents bring their concerns and want them considered Then the discussion is closed and it is a done deal anyway, it is no wonder the residents that we tried to get to come tonight didn't come. They must have known what we found out tonight. Why can't preliminary plats be delayed so that what is brought before the Council at a public hearing is allowed to be looked into. All of the concems that are brought forth, why aren't all residents and affected subdivisions or schools or affected schools required to be noted of new development that will affect their quality of life. Poor Councilman Morrow, he has not seen a member of the School District attend a Council meeting, have you been to a School Board meeting? Is it possibly that the school district doesn't come here because they already know that it doesn't make a difference. Will it make a difference, if it will we will take upon us personally to continue to put pressure on these people to make it to these meetings. As per the Comprehensive Plan it is stated that continued cooperation between the City and school district is there to ensure quality education. Obviously the School District doesn't see it necessary to send personal representatives to these meetings because it doesn't make a difference. Is it out of line to ask you our elected representatives to contact the school district and initiate the cooperation needed to address these immediate concems. And not those of just selected sites, wee want buildings on those sites. We need to stop pointing fingers back and forth so I ask you to be the heros and initiate a public meeting with the Council and the school officials to answer questions of growth to the public that puts you alt in office. A town meeting addressing the issue of growth and education of youngsters. We would be more than happy to help with . this effort. Before this public meeting is closed these are the questions we would like answered and want the opportunity to address the answers and your comments if needed. Will it honestly make a difference having a school board person here attending these meeting? If it doesn't why don't you approach them and say the citizens of Meridian need answers to these concems. Are you open to a town hall meeting? Cowie: Yes we are open this is a town hall meeting right now. DeWeerd: A town hall meeting with the City Council and the school board to address the concerns of all this growth and what we are going to do with our kids. Come: You are addressing 2 separate entities here, you are addressing the school board and the City Council. School Board covers the schools, the City Council covers the City. We can't make decisions for the school board you have to go to the school board with your problems about schools being over crowded and what have you. We can't do that Meridian City Council July 19, 1994 Page 74 decision for the school board. One of us can go there and meet with the school board but it doesn't make any difference they make their ~decisioris of the schools and we make decisions for the City. So consequently we have 2 different town meetings our whatever you want to call it. We can't make decisions for the school system that is where you should go and make you (inaudible) or however you want to say it onto them on how you feel and then let them make their decision on what they are going to do with the schools, we can't. Now you made your decision about telling us about neighborhoods on what you want to see and what you don't want to see then we make that decision based upon findings of fact and conclusions of law: But we don't have anything to do with the schools. I have a feeling the way you are looking me either it is late or you are not hearing what I am saying or understand what I am saying. We cannot make the decisions for the schools at this Council level. DeWeerd: You put the residents in the City with the new developments and they have to find schools for them. - Come: It is part of a free society they can go where they want to. DeWeerd: That is true but don't we work in cooperation and can't we cooperate to address these concems. Cowie: Yes we do DeWeerd: We have 600 new students going into a school that is already at that size. Cowie: I understand that and I am sure that everybody in this room underst~ds but we . have no corrtroi over the schools. We can't tell you to go build a school there we have no control on telling people you cannot come into Meridian. DeWeerd: You have the authority to delay passing of a new subdivision while you go out and you find out some of these facts by working with the school district. Cowie: We are going in circles here. Toisma: We can't delay anything over a legal amount of time. DeWeerd: All I am doing is challenging to address these concems in the public forum you and the school district sitting here together addressing to the citizens of Meridian these concems of growth and how they will be dealt with. Tolsma: The Meridian school district sends us a form letter. Meridian City Council July 19, 1994 Page 75 DeWeerd: And they sent us the same form letter on Turtle Creek and you refer to on the Trailer park thing they said the same thing if you' look at those things. Tolsma: No, they turned down the trailer park but the other one they said they are not opposed to growth. DeWeerd: They are not opposed to growth but Tolsma: But, how is a contradictory statement like that, we are not opposed to growth except we don't want to have anymore of it. DeWeerd: But if they were here it wouldn't, make a difference. Tolsma: They are never here, the only time they show up (inaudible) DeWeerd: Would it make a difference if they were here? Tolsma: It probably would Yerrington: I wonder what the percentage of students in the Meridian School District No. 2 lives inside the City of Meridian? You have part of Boise is this district, you have all the County, you have Eagle and Star and (inaudible). I bet you when you get right down to it that we don't probably have roughly a 1/3 of the students in School District No. 2 from Meridian. DeWeerd: I agree, but we were addressing only those that impact Linder Elementary. Yerrington: That is true, but is compacting that, but us meeting with them, unless everybody meets, Boise would have to meet because part of that district is Boise, Eagle and Star if we met and all did the same thing yes it would probably make a difference. But just ourselves meeting with them well probably not. DeWeerd: Food for thought. Morrow: Gary and Shari do you have any comments, both of you had comments with respect to this proposed project and your letters are dated May 24 and May 26 respectively. Mr. Merkle has indicated that he doesn't have his normal line by tine response to your questions or comments is there anything we need to address spec~cally. Have you met with Mr. Merkle Gary for example and covered your twelve items? Gary Smith, 33 East Idaho, was sworn by the City Attorney Meridian City Council July 19, 1994 Page 76 Smith: Mr. President, Councilman Morrow, I have not mef with Mr. Merkle to discuss these items. I did receive a copy of a letter that an a~acent property owner wrote fio Ada County Highway District concerned with the large pit that has been dug that is adjacent to his property that is apparently going to serve as a~drainage bed for the number 'I subdivision which has not been, no construction has taken place on number 1 subdivision with exception of the street being excavafed. And I wonder why this subdivision is eMen before us for the Council approval. No. 1 subdivision has not gone anywhere other than the excavation and this letter that Bud Brinegar wrote stated that he is really concerned about the size of this hole and the water that standing in it. And he is requesting that ACRD to advise him of what can be done to correct this matter. And actually it is rat right of vvay it is just a hole in the ground it is just a preliminary plat. My review on this No. 2 subdivision was done May 24th and that is 2 months ago and nothing has happened on No. 1. I guess those are my only comments. Morrow: I am a little slow will you take me through with respect to subdivision No. 1 is it entirely different subdivision than this is that correct. Smith: It is the adjacent subdivision correct, but this subdivision has access through No. 1, until No. 1 is improved this subdivision has no access. The Highway Distr'idhas said in their comments that they will not sign off on the plat on No. 2 until No. 1 is an t<nproved public access connecting that subdivision providing access to it. Mon-ow: So, the 2 cannot be developed at the same time? Smith: I suspect that the 2 can be developed ~ the same time. Morrow: Is your concern that No. 1 gets done and approved and signed off befiore No. 2 is started or that everybody be aware that nothing can go on No. 2 until No. 1 has been completed or jointly completed at the same time. Smith: The second part of your comment yes. It would have to be done in sequence or together, but nothing can happen to No. 2 until No. 1 is working. Morrow: Has apre-construction confen3nce been held for No. 1 Smith: No Morrow: Why are .roads being cut, is that normal? Smith: Sometimes road are cut ahead of time, I don't think pre-construction has been held on it, I don't know. Like I said 2 months ago we reviewed the plans on NO.2 t darrR know Meridian City Council July 19, 1994 Page 77 where No. 1 is other than it is back in the fog someplace. Tolsma: Any questions? Smith: One other thing Councilman Morrow, I would like to get an answer from the developer on this pit that they have written the Highway District~about. Shari Stiles. 33 East Idaho, was swum by the City Attorney. Morrow: Your comments start out with request.for annexation and zoning for R-4 for 28 lots on 9.71 acres generally complies with the Comprehensive Plan and minimum requirements of the Planning and Zoning Development Ordinance. Apparently, this was written the 26th of May, apparently there has been a change from we are talking in terms of R-8 now. Stites: Councilman Morrow and Council, that may have been a .typo, but I believe it has always been proposed as R-8. Morrow: The Block 1 is over 1000 feet long a variance is required, does the redesign take care of that situation? Stiles: Yes I believe that is okay, the block probably still is over a 1000 feet long but there is nothing they are going to be able to do about it. With the south area property already approved. Morrow: Ultimately it solves the problem when the adjacent properties develop and the stub streets pass on through is that correct? Stiles: Correct. Morrow: You had a note in terms of the direct access to Locust Grove is prohibited, Block 4 has that been resolved by the Highway District's letter of consent. Stiles: Did they allow that? Morrow: Yes Stiles: I was confused because it said the building was to be removed and they were still proposing access from that lot and I didn't know why. Morrow: It sounds to me like one of the things to do here, do you have any other Meridian City Council July 19, 1994 Page 78 outstanding points that you wish to~make in terms of your comments with this. You had 12 of -them total Stiles: I guess it would be just getting the license agreement from Nampa Meridian, we are going to look into bonding the bike path along there. He does show the landscape strip. There is not a minimum house size on here yet and I believe he in~cated tonight 1400 would be fine. And other than the fact that there is no school and park site in the area. . Morrow: I have no other questions for Shari. Tolsma: Anybody else wish to offer testimony on this issue? Merkle: Back up to Vem Alleman's comment about the street and sewer alignment that is is proposed, we can just make a condition that what we may approve tonight is what we are going to go with at final plat and if anything changes from this.substantiaay we will put the burden on us to contact Vem and get that resolved. Regarding Shari s comment on the lot access, as I stated earlier there is an existing house with a bunch of trees around it and the Slough comes up like this. So with our street the way it is now not us and the Highway District comparing and not connecting this street through here this basically has to loop up into the property and provide a I~tg driveway over the slough just to do this lot seems impractical to me just when we have acxess on this lot existing out to the street now. And that is what we proposed and the Highway District is allowing that. So, the reason it is existing now, we are removing the house we are not leaving it there, it will be a for sale lot but we do not want to provide another 30 to 40 feet of a 6 foot pipe just for a long driveway coming down to this lot. R may provide access. problems for emergency or whatever. But it is existing access now and we want to continue it. Cowie: Who owns the property north of you, there where you have that stub street out? Merkle: I am not sure of the ownership, but t believe it is a 20 acre piece that goes out to Ustick. Alleman's property is over here. Cowie: What do you intend to do, all of those at one time? Merkle: No. 1 the plans are approved, the construction plans are approved, !believe DEQ has approved the sewer and water. Kevin is working across the street in Pheasant Pointe and is working from west to east along with the trunk sewer. He does not intend on doing this concurrently with 1. He will do 1 and then he will do 2. Regarding the roads cut in phase 1 along with the pit. Back up about a~tear, 6 months to a year, when we did Cougar Creek and Howell Tract on the other side of the street, we realigned the South Slough to Meridian City Council July 19, 1994 Page 79 provide Nampa Meridian access and the City's greenbelt, it was about 1600 feet from here . down to the west. When you get further down to the west the realignment basically created a fill situation, in other words we had to get -naterial to move the channel to the south to go between the 2 pieces of property. There wasn't enough material on these sites to fill that so as Kevin had ownership of this property-over here some of this street was cut out to about this location and then the future drainage pit for the phase was excavated out to generate material to realign the Slough down further to the west. And it is his plan that when he comes through here to do his subdivision that will,be graded to be the permanent swail. Right now Gary is right it is a hole in the ground but eventually it will be the permanent drainage pond for phase 1. Morrow: How deep is the hole? Merkfe: Probably 5 feet. Morrow: Is there water in it? Merkle: When there is a little bit of water it percolates out. And that solves us from having to go out there an do any more drainage test pits because now we know. I believe that was all that I had written down, are there any other questions? Corrie: (Inaudible) did that give you your answer on the pit Gary? Smith: The letter says there are 3 to 4 feet of water standing in the pit and mosquitos breeding. Merkle: I am not sure that is the case, when I have been out there it percolates out When the adjacent place irrigates to the south water nuns down to Locust Grove and fills it up but it percolates out. Tolsma: No more questions? Anyone else from the public wish to testify on this project? If not I will close the public hearing. Council members what is your decision? Morrow: I guess my first question would be is that has this changed the findings of fact and conclusions? Crookston: No Morrow: I think there are several things we want to do, the 1400 instead of 1350 and make sure in terms of the, and make sure of the sequence in terms of the agricultural fencing has that been covered? Meridian City Council July 19, 1994 Page 80 Crookston: No it hasn't been covered in the findings. It could be covered in the ordinance. Corrie: I can be covered in the ordinance and. also. changes from the preliminary to the final can be the same way in the ordinance. Like he requested that if there was any change he would have to be noted. Crookston: It could. Morrow: I would move that we adopt the findings of fact and conclusions of law as approved by the P & Z with the substitution of 1400 square feet as the minimum. Tolsma: 1 notice in the findings here they require a 6 foot cedar fence on the east side of this property. I just wonder if that would be compatible with (inaudible). Do you have animals on your side Vem? Alleman: (Inaudible) Tolsma: The findings of fact propose a 6 foot high cedar fence on the east side property line. Alleman: (Inaudible) Tolsma: There is also a bens over there, 25 foot landscape buffer and a 6 foot solid cedar fence. Yerrington: I will second the motion Morrow: So to reftesh my memory the motion is that we are adopting the findings of fact and conclusions of law as written for the P & Z with the change of 1400 square feet instead of 1350. Tolsma: Moved by Walt, second by Max to approve the findings of fact and conclusions of law presented by P & Z with exception of a 1400 square foot minimum house, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Come -Yea MOTION CARRIED: All Yea Merkle: Can I make one point please, it is late and I missed something, you said something about a 25 foot landscape. Meridian City Council July 19, 1994 Page 81 Tolsma: That was in the findings. Merkle: At the east end of the property with a 6 foot fence? Corrie: What page was that on? Tolsma: Page 3 oh 1 am on the wrong stuff here. Morrow: I would move~that we approve the decision and recommendation of the findings of fact and conclusions of law. Corrie: Second Tolsma: Moved by Walt second by Bob to approve the decision of the findings from P & Z, all those in favor? Opposed? MOTION CARRIED: All Yea Yerrington: I make a motion we have an ordinance drawn. Morrow: Would that motion include the requirement fora 6 foot screening fence to be constructed prior to any construction of residences. Yerrington: Yes Morrow: I think to be consistent with our other ones we have required that and we have also required that the covenants and restrictions notice the buyers that there is agricultural use. Second Tolsma: Moved by Max, second by Wait to have the Attorney draw up an ordinance with the conditions stated by Max and Walt that there be a 6 foot fence on the east side of the property line constructed before any other construction on the property. Yerrington: Just a question on that, their agricultural endeavors not only on the east but evidentially on the north. Now if you are going to fence the east why would you not fence the north? Corrie: Until such time as it is proven not agricultural. You can make the motion. Morrow: Do you wish to incorporate that into your motion? Meridian City Council July 19, 1994 Page 82 Yerrington: Yes Morrow: I withdraw the second Yerrington: I withdraw the first and incorporate it into the original motion. Tolsma: So, now we have a fence on the north side and the east side with agricultural properties on the north and east side being protected. All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #22: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR FAWCETTS MEADOWS N0.2 BY RONALD HENRY: Tolsma: Is there a representative here?~ Ronald Henry, 6301 Charleston Place, Boise, was sworn by the City Attorney. Henry: Just to be real brief so we can go home, this is an extension to Fawcett's Meadows No. 1. It is a 5 acre parcel to the south that is going to be added to the subdivision. There are 10 lots in this proposed subdivision. In just reviewing some of Gary Smith's comments item #3, the pressurized irrigation is going to be provided. We are going to take the water out of the existing ditches and pipe it to Ten Mile Creek. Then down the creek we are going to have a pump station that lift the water out and into the pressurized irrigation system. The existing ditches across the property will be abandoned. Item #8, we will have to submit a variance for that for those 2 lots. Sewer service will be extended across Lot 9 to Lot 10. And the answer to all those questions in item #10 is yes. Shari Stiles's letter, item #4 that is a common area lot so that will be maintained by the association. And we will renumber the plat because 15 was left out for some reason. And everything else I agree with and will take care of. Tolsma: Have you responded in writing to those? Henry: No Tolsma: Have you had any conversation with Gary and Shari about this? Henry: Not specifically about some of these. We have talked about the pressurized irrigation system. Tolsma: Any comments of the Council? WILLWM G. BF_RG, JR., Clty Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place oa Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Depa~ent (208) 887-2211 Motor Vehicle/Drivers Licea~e (2pg) 888-4443 ROBERT D. CCfJKRIE Maya ~~ -I 6" MB Ra WALTIN. MORROW, President FibNALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P_ & Z COMMISSION JUr1.6DHNSON, Chairman TIM HEPPEA JIM SHEARER GREG OSLUND YALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMEIUTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: Juiy 30. 1996 TRANSMITTAL DATE: 7/9/96 HEARING DATE: 8/6 /96 REQUEST: Final Plat for Chamberlain Estates No. 2 BY: Kevin Howell LOCATION OF PROPERTY OR PROJECT: East of Locust Grove Road, South of Ustick Road JIM JOHNSON, P2 MALCOLM MACCOY, P2 JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P2 ROBERT CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8 FINAL PLAT} ADA COUNTY HIGHWAY DISTRICT ADA PLAI~MiNG ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA NI~DIAN IRRIGATION DISTRICT SETTLERS BtRIGATION DISTRICT IDAHO POVYER CO.(PRELIM & FINAL PLAT) U.S. WEST{PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8 FINAL PLAT) CITY FILES YOUR CONCISE <..- , -, Wiz..-:.::.~C , ~~ ` ~ ' , ~ 1L-,,,, uy.. iwi Nil WILLIAM G. BERG, JR., Clty Cterk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" CORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE <rALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83ib4~ Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Depertrneat (208) E67-2211 Motor Vehicle/Drivers l.icensc (208) g8i-4443 ROBERT D. CORRIE Mayor COUNCIL M !BERG WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: wit y 30. 1996 TRANSMITTAL DATE: 7/9/96 HE~4RING DATE: 8/6 /96 REQUEST: Final Plat for Chamberlain Estates No. 2 BY: Kevin Howell LOCATION OF PROPERTY OR PROJECT: East of Locust Grove Road. South of Ustick Road JIM JOHNSON, P/Z MALCOLM MACCOY,P2 JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P2 ROBERT CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C!C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8 FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ,~~~,' ~ ~,•,~ ~,,,, ADA PLANNMG ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT ~ ~ ~ ~" SETTLERS IRRIGATION DISTRICT IDAHO POWER COJjPRELIM 8~ FINAL PLAT] I ~ ~ ~ %~ ~'~~? : ~ i ~ i i.: U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8 FINAL PLAT) CITY FILES -~ OTHER: ~'ls'"9 YOUR CONCISE REMARKS: ~ L orH....,,,o~/ /Z ~ s cu i !.L /1~.e ~ %~/~~~-~ July 22, 1996 ~„ . City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: Chamberlain Estates Subdivision No. 2 Dear Councilmen: I have reviewed the application for Chamberlain Estates Subdivision No. 2 and find that it includes approximately 29 homes assuming a median value of $100,000. We also find that this subdivision is located in census tract 103.11 and in the attendance zone for Chief Joseph Elementary School, Meridian Middle School and Eagle High School. Elementary students from this development will be bussed to Lake Hazel Elementary due to overcrowding at Chief Joseph Elementary. Using the above information we can predict that these homes, when completed, will house 10 elementary aged children, 7 middle school aged children, and 8 senior high aged students. At the present time Chief Joseph Elementary is at 117 of capacity.. The Meridian School District will grant approval of this development, however this subdivision will cause increased overcrowding in all three schools. There is little opportunity to shift attendance boundaries since the surrounding schools are also well over capacity. The cost per student for newly constructed schools, excluding site purchase price and offsite .improvements, exceeds $5,000 per elementary student and $10,000 per middle or high school student. We are in a difficult position and need your help in dealing with the impact of growth on schools. Sincerely, ~~R~~e~~ Jim Carberry Administrator of Support Programs JC:gr BOARD OF TRUSTEES Larry Andrews • Wally-Hedrick • Holly Houfburg • Jim Keller • Steve Mann SUPERINTENDENT Dr. Bob L. Haley ~ - ~ V ~ ~ ~ ~, Return to: ^ Boise ~,af. ^ Eagle Rezone # ^ Garden city P1eridian ConditionaF Use # ^ Kuna Preliminary Ina Short Plat ~`l~i'1dEl~ /~;,;i ~.:~~5 S~di,J/off N~. 2 ^ ACZ ^ I. We have No Objections to this Proposal ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. „~ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ~ central sewage ^ community sewage system ^ community water well ^ interim sewage ~ central water ^ individual sewage ^ individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ~ central sewage ^ community sewage system ^ community weer ^ sewage dry lines ~ central water ,~ 10. Street Runoff is not to create a mosquito breeding problem. ^ I I. ^ 12. Stormwater disposal systems shall be reviewed by relative to: ^ Wasne Disposal ^ Injection WeII rules. ^ Groundwater Protection This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 14. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care career ^ beverage establishment ^ grocery store ,~ I5. _ __ Date: ~ ~/~ 5~~...~+~y~"~IZiIO_~~f,Ggi~9~'?" ~~'YJ~"Y/.~4 /S Reviewed By: 1~- ~71~C/fi=~~ CDHD ID/91 ~~. «~. Iron Revi w Sheet CENTRAL CENT tZAL DISTRICT HEALTH DEPARTMENT •• DISTRICT Environmental Health Division ''IfHEALTH ~~.~- DEPARTMENT CENTRAL •• DISTRICT WHEAL DEPARTM TH ENT MAIN OfflCE • 707 N. ARMSTRONG PL • 801SE.10.83704 •0108) 3755111 • FAX. 327.8500 To pr+euent and treat discase and disability; m promote healthy lifestyles; and to protect and promote the heaitlt and quality of air erwir, STORMWATER MANAGEMENT RECOMN~NDATIONS We recommend that the first one half inch of stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 'The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: ,1) GUIDELINES FOR TREATMENT AND DISPOSAL OF STORMWATER RUN OFF. Idaho Division of Environmental Quality, Southwest Idaho Regional Office, September 1995. 2) STORMWATER MANAGEMENT MANUAL- FOR THE PUGET SOUND, State of Washington Department of Ecology, February 1992. 3) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT. Serving Valley. Elnwrc• Boise. and Ada Counties ova Ado / IoIN CorMr Oees wic Bore. - McAaan errors Cover osee ~ ~ ~.a r~ ~M 707 K AmntrOnq Pl 1606 Roberti 520 E 8q~ Street K ~ Wo~Ndn Hort+e 190 S 41h Street E bkCo1.O. B363B Boas. Q. x1701 8oae. ~. 83705 PR 334,1355 . . 83617 PR 587.4401 MoWa~ Home.10. Ph 6Jd-It91 Envia Flecett 32).1499 83647 Ph. SB7A225 famiY Plotr~ 717'7400 724 Meridor~. D. -nm ntrn-fmc 127.1450 83642 Ph. 888-0515 ;~'~: ~rivE~ "l ~ 19Q :t`: ~{ ~s~- v1E~~CtArl 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 OFFICE: Nampa 466-7861 2 4 July 19 9 6 Bone 343-1884 SHOP: Nampa 466-0663 Attn: Will Berg Boise 345-2431 City of Meridian 33 East Idaho Meridian, ID 8:3642 RE: FINAL PLAT FOR CHAMBERLAIN 88TATE8 NO. 2 Nampa & Meridian Irrigation Districts Finch Lateral courses along the south boundary of the project. The right-of-way of the Finch Lateral is 80 feet: 40 feet from the center each way facing downstream. See Idaho Code 42-1208--RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POSSESSION. The developer must contact John P. Anderson or Bill Henson at either 466-0663 or 345-2431 for approval before any encroachment or change of right-of-way occurs. Nampa & Meridian Irrigation District requires a Land Use Change./Site Development application be filed for review prior to final platting. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, Nampa & Meridian Irrigation District must review drainage plans. Contact Donna Moore at 343- 1884 or 466-7861 for further information. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within Nampa & Meridian Irrigation District. Sincerely, ~.lifi~ -a-~"' Bill enson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH/dln pc: Water Superintendent File - Office File - Shop APPROXIMATE IRRIGABIEAtRES RIVER FLOW RIGHTS - 23.fl00 BOISE PROJECT RIGHTS - x:400 ~N /G~ 'N~ 920 SURVEyO~y RUBBLE ENGINEERING, INC. 9550 Bethel Court ^ Boise, Idaho 83709 August 5, 1996 HAND DELIVERED City of Meridian Bruce Freckleton, Assistant to City Engrineer Shari Stiles, P&Z Administrator 33 East Idaho Meridian, Idaho 83642 RE: Chamberlain Estates No. 2 Subdivision Dear Shari & Bruce: ~l~ O~ wE~iolarl In response to your August 1, memorandum, please include the following comments and attachments to the August 6, Council packet. Please let us know if additional copies of this letter are needed for your staff or members afthe Council. GENERAL COMMENTS With the exception of the Finc~Lateral, irrigation and drainage ditches shall be tiled per City Ordinance 11-9-605.M and>pproved by the Nampa & Meridian Irrigation District. Notice of final approval will be ~rwarded to the Meridian Public Works Department. 2. Any existing domestic wells anEVor septic systems contained within the bounds of the plat will be removed from domestic ~rvice per City Ordinance Section 5-7-517. 3. Pending, soil profiles will be forwarded as soon as the information is available us. 4. Noted, restrictive covenants and/or deed restrictions will be forwarded as soon as the documents are available to us. The Nampa & Meridian Irrigati~ District shall be responsible for the operation and maintenance of the pressurized icr~ation system. This system will tie into the existing system that is currently in use for Chamberlain Estates Subdivision. A copy of the recorded agreement between the developer and irrigation district will be forwarded upon its completion. 6. Attached, please find approval letter from Nampa-Meridian Irrigation District. 208/322-8992 ^ Fax 208/378-0329 RI~~EOv~~ AUt; 0 6 1996 7. The subject site is not considered a special flood hazard. ,~ See this letter dated August 5, 1996. SITE SPECIFIC COMMENTS Lots 24-28, Block 2, contain approximately 7,400 sq. ft..of fee simple property which are subject to a 15' irrigation easement in favor of the Nampa & Meridian Irrigation District and a 10' Public Utilities Easement. The 65' wide common lots indicated as Lot 20, Block 2 and Lot 5, Block 9 will contain the NNIID maintenance road, the 15' future city pathway and the Finch Lateral improvements. We believe that the 65' wide common lot will meet the needs of all concerned and is a width similar to what has been done in the past with projects such as Cougar Creek, Howell Tracts and Finch Creek. 2. Npte 10 has been revised to 1400 sq. ft. 3. Attached. Plat reflects approved names. 4. If the measurements for the lots are taken from the center points of the curves to the southerly front property pins, the lots meet the minimum frontage requirement of sixty- five feet (65'). 5. A letter of credit, cash or other acceptable bonding instrument will be submitted for the fencing prior to the signing of the final plat. 6. The improvements listed in this condition will be in placed and/ or approved prior to the issuance of building permits. 7. Note 4 has been revised as requested. Note 5 has been revised as requested. The second reference to Lot 5, Block 9 in note 6 seems to be appropriate since it is part of the common lots which contains the NMID maintenance road, the 15' future city pathway and the Finch Lateral improvements. Will be complied with. 9. Completed, see revised signature page. 10. Will be complied with. 11. Landscaping plans and bonding will be submitted prior to the signing of the final plat. 12. We are not aware of any inconsistency with lot numbering, could you please be more specific as to the corrections needed. 13. If appropriate, we would propose to submit a development agreement prior to the signing of the final plat. 14. Attached, please find 11 copies of the revised plat. Thank you for your time and consideration. Sincerely, RUBBLE ENGINEERING, INC. Ja es Merkle ~~ ~ chamber. flt ~~~ia ~ ~ ~~~a~ot ?~~~;~ct 25 July 1996 Mr. Rich Tomlinson Hubble Engineering, Inc. 9550 Bethel Court Boise, ID 83709 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 __._..EAX 1~20&f388-6201 ' =. , -- _ _ -- - --- -----'---- ;Phones: Area Code 208 2 9 1[Y~e ~ OEEICE: JV Nampa 466-7861 L ~oE7 . Boise 343-1884 SHOP: Nampa d66-0663 - -- ------'---- -_--- = Boise 345-2431 RBs CHAMSERLAI)DT BBTATEB SIIBDIVIBION NO. 2 Dear Rich: The Nampa & Meridian Irrigation District has completed our review on the storm water runoff calculations for the above mentioned project. If they project is constructed according to the plans, this will be acceptable to the Nampa & Meridian Irrigation District. If you feel further discussion is required regarding this matter, please feel free to contact me. Sincerely, ~ ~~~ John P. Anderson, Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT JPA/dln pc: File Bach Director Secretary/Treasurer Asat. Water Superintendent Sharp & Smith - John Sharp Ride 2 - Arnold Harris .: .4•' • r. ~. APPROXUMTE IRRIGABLE ACRES RIVER fIOW RIGHTS • 23,000 BOISE PRO~Ci RIGHTS - 40,000 ~~~ ~~.~ G~GOMG ~ 9.~~63 Df ~Y ~ ID SUBDIVISION EVALUATION SHEET ~ ~~ L~ Proposed Development Name CHAMBERLAIN ESTATES SUB NO. 2 City MERIDIAN Date Reviewed 5/12/94 ~ Preliminary Stage XXX Final Engineer/Developer Hubble Enar. /Howell Construction The following SUBDIVISION NAME is approved by the Ada County Engineer of his designee per the requirements of the IDAHO STATE CODE. must be recorded in numeric order ~ IL ,~-~1 Date /Z ~. The Street name comments listed below are made by the members of the ADA C UN STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall aooear on the olat as• "E USTICK ROAD" "N LOCUST GROVE ROAD" street and therefore shall be named: "N LAUGHRIDGE 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 in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, G NCY R R NTATIVES OR DESIGNEES Ada County Engineer John Priester Date S /t Ada Planning Assoc. Terri Raynor ~c~--~ Z Date ~ a- 9~ 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 I!!! Sub Index Street Index NUMBERING OF LOTS AND BLOCKS IJ~~~j~~-yA~~Pf~i2/d~/~. ~~~EJtI~S OBI wN~Gk ~1~4.56 is TRISUBSISM CITY.FRM !i~'~l/C// F//~S~ --------"_...___._.. . . ~.~,0~/~z/y~ The street shown on the plat as "COUGAR CREEK DRIVE" is in alignment with an existing !. '" EXHIBIT "B" " TO THE DEVELOPMENT AGREEMENT [CHAMBERLAIN ESTATES NO. 2] BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND KEVIN A. HOWELL AND IRENE HOWELL - This subdivision development is for single-family dwelling --- units containing thirty-five (35) lots composed of six (6) non- - build lots and twenty-nine (29) single family building lots. The total acreage is 9.71 total acres and the density is 3.60 total lots per acre and 2.98 building lots .per acre. Developer agrees for each phase to: 1. Extend and construct water and sewer line extensions and connect to the existing Meridian water and sewer lines to serve this development. 2. Construct streets, curbs, gutters and sidewalks to and within the development which meet City and ACRD requirements. 3. Dedicate all required public rights of way from the center line of adjoining public roads. 4. Pay any usual and customary development fees or transfer fees adopted by the City of Meridian. 5. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law adopted by the City of Meridian regarding this development. 6. Comply with all Meridian City ordinances. 7. Construct berms and landscaping in the following common area lots in the development: Lot 22 Block 2 Lot 23 Block 2 Lot 35 Block 2 Lot 36 Block 2 8. Fence with six (6) foot chain link .fence the perimeter of the .following common area lots which contain the Finch Lateral: Lot 20 Block 2 Lot 5 Block 8 Fencing shall not be installed along roadways or between the bermed and landscaped common area Lot 36 and Lot 20. -- - 9. All common area lots in #7 and #8 above shall be transfeYred to the Homeowners Association and the Covenants, Conditions and Restrictions (CC&R's) for this subdivision shall provide that the Association shall maintain these common area lots. (For the Finch Lateral common area lots this maintenance obligation shall include the maintenance of Finch Lateral itself which is done by Nampa-Meridian Irrigation District.) 10. Pressurized irrigation shall be provided to all lots in this development and shall be installed and operational prior to the issuance of building permits. 11. Perimeter Fencinct: In addition to the fencing set out in #8 above, Developer agrees to construct fencing around the remaining exterior Subdivision perimeter of the entire development except where roadways and streets for access are located or where the City has agreed that such ending is not necessary. 12. The CC&R's shall provide that the City of Meridian (to the extent permitted by Nampa-Meridian Irrigation District) shall have a fifteen (15) foot pathway easement with the eighteen (18) foot Nampa-Meridian Irrigation District's access road along the southerly side of Finch Lateral. SUBDIVISION EVALUATION SHEET Proposed Development Name CHAMBERLAIN ESTATES SUB NO 2 City MERIDIAN Date Reviewed 7/18/96 Preliminary Stage Final XXXXX Engineer/Developer Hubble Enor. /Howell Construction The Street name comments listed below are made by the members of the ADA COUNTY STREET NAII~MMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise Citjr~t Name Ordinance. The followino existing street names shall aooear on the plat as' "E. USTICK ROAD" "N LO UST GROVE ROAD" "N LAUGFi~RIDGE AVENUE" The followino new street names are anoroved and shall appear on the plat as' "N CHANTILLY AVENUE" "CHANTERELLE" is similar to CHAPARRAL and therefore cannot be used 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 mu~0e secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTE~ G,~NCY Ada County Engineer Ada Planning Assoc. City of Meridian Meridian Fire District John Priestel Terri Rayn~ Representati~ Represerrtati~ Date 7-/8-~~ Date ~~y`C/ tC1 NOTE: A copy of thisevaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index 3N 1 E 05 Sectio~ NUMBERING OF LOTS AND BLOCKS i ~ q ~ /~ ~+j i~ t '~~1.~ C~~ ~~~~~~ 'ATNES OR DESIGNEES Date ~~ ~~ Date ~~ ~' /i ~° HUB OF TREASURE VALLEY WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. ST'UART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding DepaRment (208) 887-2211 Motor Vehicle/Drivers License (208)' 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 30 1996 TRANSMITTAL DATE: 7/9/96 HEARING DATE: 8/6 /96 REQUEST: Final Plat for Chamberlain Estates No 2 BY: Kevin Howell LOCATION OF PROPERTY OR PROJECT: East of Locust Grove Road, South of ~ ~~*~~~ Road ~~~..... JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P2 ROBERT CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER ~PL`~k~IPIL~" ~' MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8 FINAL PLAT} ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8 FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: ~ . '`'~ ~~' RUBBLE ENGINEERING, INC. ~ 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 2081378-0329 9~0 SURVEy~P June 28, 1996 City of Meridian Ms. Shari Stiles, Planning & Zoning Administrator 33 East Idaho Avenue Meridian, Idaho 83642 Re: Chamberlain Estates Subdivision No. 2 Dear Shari, On behalf of Kevin Howell we hereby submit the attached final plat application for your review and to then be placed on the next City Council meeting agenda. This final plat is in substantial accordance with the conditions of approval of the preliminary plat, or the conditions thereof, and the provisions of the City of Meridian Subdivision Ordinance. This single family residential subdivision is also in substantial conformance with the City of Meridian Comprehensive Plan, and conforms with all acceptable engineering and surveying practices and local standards. Existing sewer and water mains will be extended to serve this project. Streets, curbs, gutters, and sidewalks will be constructed to standards as required by the Ada County Highway District and Meridian City Ordinance. All sidewalks will be five (5) feet in width. Please confirm the hearing date on which this final plat will be heard by the Meridian City Council. Thank you for your time and consideration and do not hesitate to call if you have any questions. Sincerely, ~~~~~ Tracey Persons Project Coordinator d:\chamb2.ltr ^ ~ 'D .~rw~e .~ SUBDIVISION EVALUATION SHEET The street shown on the olat as "COUGAR CREEK DRIVE" is in alignment with an existina street and therefore shall be named• "N LAUGHRIDGE AVENUE" Proposed Development Name _CHAMBERLAIN ESTATES SUB NO 2 ~ City MERIDIAN Date Reviewed __ 5/12/94 Preliminary Stage XXXX Final Engineer/Developer Hubble Engr. /Howell Construction The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE. must be recorded in numeric order ~ ~- Date /Z ~. The Street name comments Ilsted below are made by the members of the ADA C UN STREET NAME COMIVIITTEE• (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existina street names shall aooear on the plat as• "E. USTI K R AD" - "N. LOCUST GROVE ROAD" The followin new street names area roved n hall a ear on he I t "N. CHANTILLY V~ N~ hef (i ~ ~ Ettr "W. CHANTERELLE RI E " "W. CN~4NTSREUi..E UR " 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, /(GEfNCY Ada County Engineer John Priester Ada Planning Assoc. Terri Raynor Meridian Fire District Representative NOTE: A copy of this evaluation sheet must bra~p i time of signing the "final plat", otherwise the plat Street Index 'ATIVES OR DESIGNEES . . Date S !Z ~ Date ~ ~- ~~ _ ~~~ Date .~95 ~~/'3 to th~ County Engine ~t the be signed !!I! Sub Index NUMBERING OF LOTS AND BLOCKS J0- a~~~, ~~~/-71,b1 0 I wNi ~ Pl~sd-~s TRISUBSISM CITV.FRM "Y' / 2/CE2PLAT Fri Jun 28 10:33:34 1996 RLC Ms -+---k w ~'' /~ N ~ ~ ~ + ~~ I ~ ~ ~ ~ j ~ ( ~ I ' N ~ I ~ I ^' a ~ w ~ ~--- j j ~ I I ' N ' ' N I N I ~ I W ~ N u a' ., i I ~' ' a I ~ ~ ae I~ ~ v v oe m --- 1 11 ~ ' 1 0 REQUEST FOR SUBDIVISION APPROVAL FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerk's possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will heaz the request at the monthly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation aze received before 5:00 p.m., Thursday following the Planning and Zoning Commission. GENERAL INFORMATION 1. Name of Annexation and Subdivision, C'hamhPrlain Estates Subdivision No 2 2. General Location, N'/z of the S %2 of Government Lot 4 of Section 5 T 3N R lE 3. Owners of record, Kevin A and Irenen K Howell Address, 3451 Plantation River Drive. Boise ,Telephone (2081867-4424 Idaho 83703 4. Applicant, Kevin A. Howell Address, 3451 Plantation Rive Drive Boise Idaho 83703 5. Engineer, James C. Merkle Firm Hubble Engineering Inc Address, 9550 Bethel Ct.. Boise. ID 83709 ,Telephone X208)322-8992 6. Name and address to receive City billings: Name: Applicant Address: Telephone PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres: 9.71 2. Number of Lots: 34 ( 9 building and 5 commonl 3. Lots per Acre: 2.98 4. Density per Acre: 2.98 5. Zoning Classification(s): R-8 6. If the proposed subdivision is outside the Meridian City Limits, but within the jurisdictional mile, what is the existing zoning classification N/A 7. Does the plat border a potential green belt No 8. Have recreational easements been provided for No 9. Are there proposed recreational amenities to the City No Explain N/A 10. Are there proposed dedications of common azeas Yes Explain i .andscane common lots. and 15' bike Math easement. For future pazks No Explain NA 11. What school(s) service the area Meridian Do you propose any agreements for future school sites No Explain N/A 12. Other proposed amenities to the City X Water Supply X Fire Department X ,Other Sanitary Sewer Explain 13. Type of building (residential, commercial, industrial, or combination) Residential 14. Type of dwelling(s), single family, duplexes, multiplexes, other ogle Family 15. Proposed development features: a. Minimum square footage of lot(s) 6 500 Sc~,Ft b. Minimum square footage of structure(s) 1.35' 0 Sa. Ft. c. Are garages provided for Yes squaze footage 400 sq. feet d. Are other coverings provided for No e. Landscaping has been provided for Yes Describe Covenants will require landscan~g for each building lot and lots 22 & 35. Block 2 will be landscaped. f. Trees will be provided for Yes Trees will be maintained Lan jgg,on Lots 22 ~ 3S_ Rlnck 2_ will be maintained by the Homeowners Association. g. Sprinkler systems are provided for Yes h. Are there multiple units No Type Remarks N/A i. Are there special setback requirements No Explain N/A Has off street pazking been provided for No Explain N/A k. Value range of property .100,000 + 1. Type of financing for development Standard m. Protective covenants were submitted Yes Date with final plat application 16. Does the proposal land lock other property No Does it create enclaves No STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks aze to be constructed to standazds as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. 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CNAN"I.iY AVE. ~ ,i . 'r' • s ~., ' I i I I C U ~ • ~ Y • f l I taa I t I I 4 I In r ^j1• M I ~ M i0R•'!1' [ 11 r +aa ~ .:Darr T~' I$ ~ ti7 ' ~ s i ~ :$ `:J m i$' -I re Y ;Jgtjl' t I M I yp~l '~ ~ ,fr ~~ ~~ ' ~ ~ ~ ,. ~:' ' r 4 n ~ ~~ jio,l \~~ I ~ ~7~ .707•Yt~ [ n v ~ i~ .~ 'f W ~ ,g s 'a' I .: mzr~r «--- - ~ ~...~ ... Z '~ ~\ ~ ~ ~~ a I ~t b' M ~ p ~~_ ' ~ N. IAUCNIlIOGE .AVE. aw I I; °e ~ r 1 I ~ ; 6l CC+Y _ s 7 -~ M ~• I ~ .~ ,- ~~ ~- Z e ~ ~.i >_~~-~ ~ o~ ~~ oz~ ~~_~ ~,~~:/; ~ ? ~~y oti~~ ~Z~~ZOy~ ~Q~pDCr''~~ o~~C1 O 'x~°'~ur^~/1~ ~~ zz~, ~ ~: ~ :~~ti;/1 -~ • Dm~ti O~C~~, = r~* ~! z ~ ~//1~ Z "1 ~~ '`' `~ RUBBLE ENGINEERING, INC. `9 y 9550 Bethel Court ^ Boise, Idaho 83709 2081322-~92 ^ Fax 2pg137g.p32g Project No. 93163-01 June 18, 1996 CHAMBERLAIN ESTATES SUBDIVISION N0.2 The North 1/2 of the South 1/2 of Govemment Lot 4 of Section 5, T.3N., R.1 E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the quarter comer common to Section 6 and the said Section 5, from which the Northwest comer of said Section 5 bears North 00°24'35" East, 2603.50 feet; thence North 00°24'35" East, 1648.90 feet to a point; thence South 89°35'39" East, 45.00 feet to the REAL POINT OF BEGINNING (INITIAL POINT); thence North 89°35'39" West, 45.00 feet to a point on the West boundary of said Section 5; thence along said West boundary North 00°24'35" East, 318.20 feet to a point; thence South 89°38'45" East, 1327.39 feet to a point on the East boundary of said Government lot 4; thence along said East boundary South 00°26'05" West, 319.39 feet to a point; thence North 89°35'39" West, 1282.25 feet to the Point of Beginning. Containing 9.71 acres, more or less. Prepared by: NUBBLE ENGINEERING, INC. D. Terry Peugh, P.L.S. DTP/bh/1333.des p..w ~r ~.+r~ // . , , 7 ~ • M' ' I .. . .ri. +~r..i..~. Y 1 ,,.. OU~~ WARRANTY DF.E~ ~•:-• •~~ a 1~~t J. 1rILi>K~ erd llt~- i1Cx7 iRit»t, 1~~ .. / -.~... •r•,•'n+:!b~ rs!$zl+~d b0 !e1 Ccartboc. d~7as i¢!by ~tnt, a~."~I ab~bl- ~ ~vl~ 71. lCIdJL ~d IIal! K. !QlLL, 1Kiib~id and w! h, ha-~1,-r+ft~x sa~rtted C~ [r! moaner. ~ daes+ant a~~ L 6901 M. /Min, R.>~, ><0 a~fOt tl'r fp21oKlrq dns[rl~k~ed p~e+letaar, yo-Miti T+a i~urfil+ *+el f o! tl+a lvvtls hlr p! [ak 4, saett,an 'J, il~ltip 3 T~-:tl~, /try I Tiff, 6a~w gsrl~a+l. 11~ ~~. rd~o 7p w~VS >,!O TO HOiD tre ssiA pc~ssaa, ~dtl~ tludr appiabs~flaa ~ribo tl~s ees4 t~anbsa. Isis 1+eus erd aadpsl ~.~. 1kd tlr ta3d c#cnrwoir des ts:e~ ~~eeit to ena +dtl~ es,s said a•~+t:es, tl+e~t ~ L ~ aa~r Lt >Qrs s3apl~e o! oese p~ersser; eat eid prerds~ ~ ~ 0co~ ail anar a~oept t~eye 2eaea cease. 2tvl~, erd afaes~sb, and r.oept V. !R. ~t t~all4es, rstri~li~ana, aess~R~ ar[ l+ac~C+R+a, and a^aa~^ntit vSsdbL tit life per, ~ tf+et x311 v.~rxatt end de£erd tl+s sane f:aa ell c],elre ~. ovee~l: Oieoa+~ ~'y 1993. ' I ~~rTL/~'.r •J /j ~../ L... l;_J~L~ 1~ 1~ /y., ~.~/ /~ i` WV~, S K a1 t?t!s ~~~ Of Dae~Ib^r, Lt !~ ~aQt 1990. bOrQ7 _, 0 >~tmT P1~I,ic in end f+oc eiedd Bt~Ca, pesera~ealY appaa+ld JQlr J. IRt13B! a<d J4fI~11 tW iiB~t, 1afo~s ~c lela~if! rie bo by tl,s P~~ Mld~ tleeea ara ~~acribad m t>tie wittttn .. ~ leclped eo fa' tl+st t~!- aMa~d 13r sere. ~~' ~ ~ ~~ ~,V ~.• iRl~So roe mho pett~rr~ 1n eob~, b~h0 Myr OonrNl~ton !~M 2.1294 First American Title R 14 '94 15:00 mpaRy of Idaho WILLIAM G. BF_RG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor June 24, 1996 Ms. ~'racey Persons Hubble Engineering, Inc. 9550 Bethel Court Boise, ID 83709 Re: Chamberlain Estates No. 1 Subdivision Release ofNon-development Agreement, Phase II Dear Ms. Persons: GOUNGI h!E!~!QFRG WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY At the meeting of June 18, 1996, the Meridian City Council moved to authorize the Mayor and City Clerk to sign the above-referenced release agreement. Please call if'you have questions or need additional information. Sincerely, CITY OF MERIDIAN ~~~ ~~. ~ s Shari L. Stiles Planning & Zoning Administrator ,.,~ RELEASE OF NON-DEVELOPMENT AGREEMENT The non-development agreement entered into by and between Kevin A. Howell, whose address is 3451 Plantation Rive Drive, Boise, ID 83703, an the City of Meridian, a municipality of the State of Idaho, acting by and through its Council bers, as filed for record in the office of the Ada County Recorder as Instrument No. 95053422, on the 3rd day of August, 1995 is hereby released and revoked, the provisions thereof are no longer binding on the parties thereto, and the time for development of Chamberlain Estates Subdivision No. 1, Phase 2 as required by the Ordinances of the City of Meridian, shall commence on the 21st day of June, 1996. Kevin A. Howe 1 ACKNOWLEDGMENT State of Idaho ) ) SS County of Ada ) CI F MERIDIAN ert D. Come, Mayor William G. Berg, City ``\`~,t,,iu a rrr,,,~i, ,~~` .~ OF ~~Jl~''~. ~ ~'9 ~• ~ ~ -, T ~' k ~ SEAL '~ ~ ~.°~ 'O ~r tg't ' ~.~`~ ~9 P ~~'~~ , cOUIVTY . ~~~~~~• ~~~~rrrnrt ri~t~~~~~~ On this 201_h day of n 19 ,before me, the undersigned, a Notary Public in and for said state, personally appeared Kevin A. Howell, known or identified to me to be the person who executed this instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and• affixed my official seal, the day and year in this certificate first above written. r Notary Publ for Idaho Residing in Boise, Idaho My Commission Expires: 9-29-99 CBY pBR~e-` ~~' ~~ ~OTq~~ `~ * ~~ rf~~ ~~ pUBLiG " O e °6056549 kD~, CC~. REG'ORCEp ~. a~+.10 tt,VARRO ls~ 1D _ ~~~ '96 JUL o ~ 0 FEE ~ GEP RECORDED l.T THE ft~ E57 OF ACKNOWLEDGMENT State of Idaho ) ss County of Ada. ) On this day of tie , 1996, before me, the undersigned, a Notary Public in and for said state, personally appeared Robert D. Corrie and William Berg, known or identified to me to be the Mayor and City Clerk of the ity of Meridian, and the persons who executed this instrument on behalf of said City of Meridian, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day ~~d year in this certificate first above writ n. ~~~ ~ ~pT A /~ y of ry Public for Idaho iding in 7y/ p~ %c/: ~..~ ,Idaho *~ * 'O V 81.~~' y Commission Expires: _,~~ ;; s gyp; ,, l ~~ '•-:'4rE of ®,.,••' 296.t1r MERIDIAN CITY COUNCIL MEETING: JUNE 18.1996 APPLICANT: ITEM NUMBER; 14 REQUEST REQUEST FOR RELEASE OF NON-DEVELOPMENT AGREEMENT FOR CHAMBERLAIN _ESTATES NO. 1. PHASE 2 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: COMMENTS 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: All Materials presented at public meetings shall become property of the City of Meridian. JUN-12-1996 1344 HJBBLE ENGINEERING 1 20B 378 0329 P. 02/06 RELEASE OF NON DEVELOPMENT AGREElV1~NT The non-development agreement emered into by and between JYevin A. tloweell, whose address is 3451 Plantation ,Riviprp~y~ ID 8,3703, and the Qty ofMerirSan, a municipality of the State of Idaho, acting by and through its Council Members, as filed for record in the office of the Ada County Recorder as Instrument No. 95053422, on the 3rd day of August, 2995 is hereby released, Kevin A. Howell ~•~! ~ ~i cvin A. Howell ACKNOWLEDGMENT State of Idaho ) s. s. County of Ada ) City of Meridian Robert D. Corrie, Mayor Attested: William G. Borg, City Clerk On this (~ day of ~UtO. 1996 before me, the undersigned, a Notary Pubfic in and for said state, personally appeared Kevin A Howell, known of identified to me to be the person who executed this instnunerrt and aclmowledged to me that he executed the same. IN WITNESS WFIEREQF, I have h set my hand and affixed my ofI'iaal seal, the day and year in this certificate first above written. `r' ~~ ~"~ ~! ~'~ ~`e * moo.. ~ . A~~~AC Notary Public r Idaho Residing in Boisq Idaho My Commission Expires: 9-29-g9 JIMl-12-1996 1344 I~JBBLE ENGINEERING 1 208 378 0329 P. X06 4 ACKNQ'1~V LEIJGMENI' State of Idaho ) s.s. County of Ada ) 4n this day of , 1996, beforo me, the undesigned a Notary Public in and for said state, personally appeared Robpt D. Corrie and William G. Berg, known to me to be the Mayor and City Clerk of the City of Meridian and the persons who executed the said instrument on behalf of said City of Meridian, and acknowledged to the that said Clty of Meridian executed the same. IN'WITNESS WHEREQF, I have hereunto set my hand and affixed niy official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing in Idaho My Commission Expires: ENGiryF i V~y`~/ , lc,9il+ r RUBBLE ENGINEERING, INC. .. q y 9550 Bethel court .Boise, Idaho 83709 2o8J322-8962 ,Fax 20$/3780329 yO SURV EyOQ ' June 3, 1996 ~ RECEIVED VIA FACSIMILE ~ ~~ ~ U ~ ~ ~ 1QQS 1ti~fC~3tAh~ City of Meridian ~ ~iY'Y ENG~q Mr. Gary Smith, P.E. 33 East Idaho Avenue Meridian, Idaho 83642 Re: Chamberlain Estates Subdivision No. 1, Phase 2 Dear Gary, The developer of Chamberlain Estates Subdivision No. 1, Phase 2 is preparing for construction and requests that the non-development agreement currently in place for phase two of this project be released. We are preparing for apre-construction conference with construction anticipated to begin in mid June. Thank you for your time and consideration and please do not hesitat you have an questions. 6 ^~~ _ Q(p Sincerely, `. , „ ~ i.x, `~~~ , - ,1,~, /1.c.. i:~UK.r~-e-a~ n-~r - ~a.G~ Tracey Persons GZ g-f-t~GU~1~C. f ~2. Project Coordinator Q ~t,e,Ve~G~~>% ' G'1 d 0 c: Kevin Howell Construction Will Berg, City Clerk . Shari Stiles, Planning & Zoning Administrator d: ~~ ..,:., r a„ ~p~n,~-v-r~.C c~,,~( ~ l„ ~,~,,~. ~~, ~J'ici~~v `~ ,~ z~: ,ex~ o~ Tip ~~ ~ ,,, .JUN-12-1996 13 44 NUBBLE ENGINEERING 1208 378 0329 P.02i06 / ` d ~~~ ///"""lll~-~----... - - - . 6-~~r~~ I~-~7-~~ RELEASE OF NOY DEVIE;LOP~VIENT AGREElV1:E1VT The non-development agreement entered into by and between Kenn A. F7owell, whose address is 3451 Plru+tatinn RiverDriy~e, Bare, ID 83703, and the City ofMeridurn, a municipality ofthe State of Idaho, acting by and through its Council Members, as filed far record in the office o1'the Ada ~vunt~ er ~~ ent No. 95053422, on the 3rd day of August, 1995 is hereby released. Q,,.t,®/ Kevin A. Howe[1 Ci of Meridian ~"~ evin A. Howell ACKNOWLEDGMENT State of Idaho ) s.s. County of Ada ) On this ~ day of ~~Q, 1996 before me, the undersigned, a Notary Public in and for said state, personally appearcd Kevin A. Howell, known of identified to me to be the person who executed this instniment and acknowledgeri to me that he executed the same. ~2~ IN WITNESS WHEREOF, I have hereunto set m hand and afExed and year in this certificate first above written. y mY official seal, the day 1., ~ ~ ~ a~ F~$o , ' Notary Public r Idaho ~/ ~T~ ~~ Residing in Boise, ldaho 1 ~ ~' ~ M~y Commission Expires: 9-29-99 ~ Boa. g ~ ~ ; p • AvBI.R~ ~ _~ c~a ~ ~~ ~'~.~~' ®F ~ _~~ -~-~ '~/~ C'/~ /~,~~ 6-ie-9E Robert D. Corrie, Mayor L~~e~ J~ Attested: `~-~ ~ , 4~ William G. Berg, City Clerk `~ • ~ ~`~. d / C~ ~ „ .tIJN-12-1996 13 ~ 44 F~JBHLE ENCi I NEER I NG 1 208 378 0329 P. 03106 ACKNQ'VI+LEpGMENT State of Idaho ) s.s. County of Ada ) On bus ~Y of 1996, beforo me, the undesigned a Notary Public in and for said state, personally appeared Robert D. Corrie and William G. Berg, known to me to be the Mayor and City Clerk of the City of Meridian and the persons who executed the said ins~.rument on behalf of said City of Meridian, and acknowledged to me that said City of Meridian exeruted the same. 1N WITNESS WHEREt'~F, ~ have set my hand and affixed my official seal, the day and year in this certificate first above written, Notary Public for Idaho Residing in Idaho My Commission Expires: AMBROSE, FITZGERALD & CROQKSTON ATTORNEYS AND COUNSELORS AT LAW GRANT' 4 AMEROSE (1915-I%8) TELEPHONE (20D) 88a-4461 JOHN O. FfIZGERALD, PA I53U WEST STATE ~ P.O. BOX 427 FACSIMILE (206) bEM3969 WAYNE G. CROOKSTON, JR., PA WILLLIM ]• SCHWARTZ ]oHN o. FITZGERALO u, PA MERIDUIN, IDAHO 83680 PETER W. WARE, JR. THIS FIRM INCLUDES PROFESSIONAL CORPORATIONS May 3, 1995 Mr. and Mrs. 3451 E. 52nd Boise, Idaho Kevin A. Howell 83703 Re: CHAMBERLAIN ESTATES SUBDIVISION Dear Mr. and Mrs. Howell: I am writing this letter to you as the Meridian City Attorney. At the City Council meeting held on May 2, 1995, the Council heard complaints about the water drainage pit that is on your property which you are developing as CHAMBERLAIN ESTATES SUBDIVISION and the drainage that crosses into and over your subdivision. The Council also received information from the Planning and Zoning Administrator and the City Engineer. City Councilman, Walt Morrow, inspected the land and the pit in the morning of May 3, 1995. Mr. Morrow's observations and views were related on to Councilmen Yerrington and Corrie and to Mayor Kingsford. Councilman Tolsma was not at the meeting. Councilman Morrow did indicate to me that he had had a discussion with you on May 2, 1995, prior to the meeting but that he did not have a feel for the land or the drainage pit. In Councilman Morrow's opinion, after viewing the pit and after speaking with you, the problems did not appear at the time of his view to be as drastic as portrayed at the meeting. However, it was, and is still, the opinion of the Mayor and City Council that something needs to be immediately done to stop or prevent the pit from being a nuisance and safety problem. Would you please contact the City Clerk, William G. Berg, Jr., so that he can schedule a meeting between you, Councilman Morrow, Gary Smith, City Engineer, Shari Stiles, Planning and Zoning Administrator, possibly Mayor Kingsford, myself, and any other Councilmen that desire to be at the meeting. Mr. and Mrs. Kevin A. Howell, April 3, 1995 Page 2 This meeting needs to held prior to the next Council meeting on the 16th of May, 1995, so you should contact the City Clerk within two (2) days of receipt of this letter so that he can schedule the meeting as soon as possible. If you have any questions please contact me at the telephone number listed in this letter, Very Truly Yours,- ~ ~ ~, WAYN G. CROOKSTON JR. Meridian City Attorney WGC/tj I0 ' d ~ti101 ~C?1~p~~[7 ~.,~rMp~ P~ F'i.Al~ f ~ ~ ~ ~ p V~ S' ~ ~? _ Q~ ~ ~ ``''~ ~ ~ ~- . T ~~~_ o ~ ti 1~ ~ \ r ! ti ~_ c~ •rr `~ a r 1.~ ~. ti 0~ ~0 ' d 6Z~0 SLR 8~z ~ JN I ~l33N I JN3 3~SHf1H L~ ~ t`~ ~~ a ~~~ ;~ i ~ I {v ~-- ~~I ~~ 0S:9~ 9661-92-~~JW U~ ~i u V1 1 '~a~sr¢za & 'n~e~udicuc ~Ivzigatia~i Dc~xict 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 14 March 19 9 6 Phones: Area Code 208 OFFICE: Nampa 466-7861 Rich Thomlinson Boise 343-1884 Hubble Engineering, IriC. SHOP: Nampa 466-0663 9550 West Bethel COUrt Boise 345-2431 Boise, ID 83709 RE: Chamberlain Estates Pressure Urban Irrigation System Contract Dear Rich: The plans for the pressure urban irrigation system at Chamberlain Estates have met the District's requirement, and at the Board Meeting of 19 December 1995, the President and Secretary of the Board of Directors of Nampa & Meridian Irrigation District signed a Construction Contract for Urban Irrigation System in Chamberlain Estates Subdivision between the Irrigation District and Kevin and Irene Howell. That contract has been recorded at the Ada County Recorder's office as Instrument #95004382. Therefore, this system is in substantial compliance with Nampa & Meridian Irrigation District's requirements. If you feel that further 'discussion concerning this subject is needed, please feel free to call. Sincerely, John P. Anderson, Water Superintendent JPA/dnm cc: File Each Director Secretary/Treasurer Bill Henson City of Meridian ~o~~ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 2680 I~ Locust Grove Rd Meridian, Idaho 83642 phone: 208-888-5458 8 Manch,1996 Mr. Richard J. Tomlinson, Staff Engineer Hubble Engineering, Inc. 9550 Bethel Ck Boise, Idalro 83709 Dear Mr. Tomlinson: Thank you for wing with us our concerns over the excavation and irrigation ditch work at Chamberlain Estates adjacent to our property On February 2,1996 Superior Excavating ~ Construction trrapassed on our properly, removing a soudFto-north oriented 12" i.d concrete culvert that supplied irrigation water to our ditch. The calvert that was removed is similar to the others along our ditch. The concrete culvert wan replaced widr 81/4" wall thiclmess plastic culvert oriented southeast-to-norfhv~st. The plastic culvert is not sufficient for application near the sarface, where it could be broken by tractors, horses, or personnel, or damaged by ditch burning. It must be replaced by a 12" id concrete culvert. The sou~east notthvvesl orie~tion of the new caivert a om ditch is unac~ptabie because a normal water flow will evenp~ally wear away the opposite ditch bank. The culvert entering our ditch must beorientedsouth-to-north, or else our ditch must be tiled in within eight feet of where the culvert e~rters the ditch A normal flow of water during irrigation season has water filling 1/2 to all of the cross- section of a 12" culvert during free flow. This is the flow that will be expected atler irrigation season begins is Apri11996. Law requires that cha~ogCS implemented in an irrigation ditch must not restrict normal flow of irrigation water to users downstream. Your help in bringing about these repairs will be appreciated Auer Superior Excavating and Construction finished installing the pressurized irrigation pipe next to our eastern property line the grade sloped downward toward the property boundary so that rt is about 16 inches (average) lower than it was before the excavation Because the ground is porous, and because there have been North American Pocket Gophers infesting the 17 acre parcel, the lots adjacent to our property will be flooded when we irrigate. Chamberlain P,states will be held liable for flooding damage on residents' property. The following options will be acceptable: (1) construct a 6 foot berm on the Chamberlain Estates side of our property boundary, (2) file in all of our irrigation ditch, or (3) restore the grade to its original elevation so that Chamberlain Estates will not be exposed to this liability. We request that you obtain our permission prior to doing any work on our paoperty_ We need ~ know what work will be performed and what day the work is planned for, in order to insure the safety and security of the horses that are boarded in our pasture. During the day Carol Ann can usually be reached by phone or fax at 88&5458, and Karl's daytime work number is 396-7868. If you prefer to remove ourbarbed-wire fence on the east side of our irrigation ditch when the subdivision fence is installed, that will be acceptable if the fenceposts are returned to us, if reasonable effort is made to keep dirt out of the ditch, and if all of the wire remaining at the corners is properly terminated at the corner posts. Thanks and regards, Karl and Carol Ann Moxley eJAMES W. KISER ATTORNEY AT LAW 54050VERLAND ROAD (OVERLAND AT PHILLIPPII BOISE.IDAHO 83705 208 376-3100 FAX 208.376.3126 February 28, 1996 Sherry Stiles City Hall 33 E. Idaho Ave. Meridian, ID 83642 Re: Development Agreement Dear Sherry: Would you please send me a copy of the fully executed and recorded Development Agreement between Kevin Howell and City of Meridian. Sincerely, ~' ames W. Kiser JWK:da i MERIDIAN CITY COUNCIL MEETING: NOVEMBER 8.1995 APPLICANT: ITEM NUMBER; 27 REQUEST; DEVELOPMENT AGREEMENT & CCbR'S FOR CHAMBERLAIN ESTATES AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: AL Materials presented at public meetings shall become property of the City of Meridian. eJAMES W. KISER ATTORNEY AT LAW 54080VERLAND ROAD (OVERLAND AT PHILLIPPII BOISE.IDAHO 8x708 November 3, 1995 208 876-3100 FAX 206-376.3 t 26 Sherry Stiles City Hall 33 E. Idaho Ave. Meridian, ID 83642 Re: Chamberlain Estates/Kevin Howell Dear Sherry: 1. Development Agreement/Exhibit B: SheJf~ 1~ Gw~'- C./~~' S ~ ~LL-/ c G~~~ f ~/S~~" ~~' "-t~ ~~~~~~ ~¢~~. ~~~ ,` ~~ I met with Wayne Crookston this morning regarding the changes to Exhibit B of the Development Agreement. Enclosed please find the final Development Agreement with the legal description together with the revised Exhibit B. Hopefully, these changes satisfy Wayne's questions. 2. CC&R's for Chamberlain Estates Subdivision: Attached hereto are the CC&R's for Chamberlain Estates Subdivision. I have met briefly with Wayne Crookston on these. He is going to attempt to review them and he thought we could have these on the agenda for the November 8 City Council meeting as well as the Development Agreement. Of particular importance in these CC&R's is Section 4.6.2 where we have satisfied the concerns of ACRD regarding the maintenance of the retention pond. As you can see from reviewing these particular sections, ACRD is going to perform the "heavy" maintenance on the retention pond and the Homeowners Association will perform the "light" maintenance. ACHD has agreed to that "heavy" maintenance and a copy of their letter is also attached hereto. Please review and if you have any questions about anything, please do not hesitate to give me a call. If possible, Kevin Howell would like to get this done at the City Council meeting on November 8 and to have the pre-construction meeting as soon thereafter as possible. very much for your assistance. S~'ncerely/,~ James ~/. Kiser JWK: Attachments DEVELOPMENT THIS AGREEMENT, made and entered into this day of 1995, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party of the first part, hereinafter called the "CITY", and Kevin A. Howell and Irene Howell, husband and wife, dba Kevin Howell Construction, party of the second part, hereinafter called the "DEVELOPER", whose address is 3451 Plantation River Drive, Boise, Idaho 83703. WITNESSETH: WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, described in .Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning of land; and WHEREAS, the CITY has passed two development agreement ordinances, one when land is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned, 11-2-417 D; and WHEREAS, the DEVELOPER has submitted an application for annexation and zoning, or an application for rezone, of that certain property described in Exhibit "A", and requested zoning of R-8 and has submitted a subdivision preliminary plat for said DEVELOPMENT AGREEMENT - 1 d/realest/chambrln.dev property which has been recommended for approval by the Meridian Planning and Zoning Commission; and WHEREAS, the DEVELOPER made some representations at the public hearing before the Meridian Planning and Zoning Commission as to how the land would be developed and what improvements would be made; and WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or rezoning of property; and WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this agreement and acknowledges that this agreement was entered into voluntarily and at its urging and request; and WHEREAS, the DEVELOPER, as sole owner of said land, has made request to the CITY to have the same annexed to said CITY, or rezoned, and has submitted to the CITY a Plat thereof which has been approved for annexation by the CITY and as part of the annexation or rezone the CITY adopted and approved Findings of Fact and Conclusions of Law; and, WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and WHEREAS, the said City Council in the Findings of Fact and Conclusions of Law annexed or rezoned the property subject to de- annexation if the DEVELOPER did not enter into a Development Agreement. DEVELOPMENT AGREEMENT - 2 d/realest/chart~brln.dev NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: DEVELOPER agrees, and hereby binds his, its, or their heirs, successors and assigns to this agreement, in consideration for the annexation, rezone, or the non-de-annexation of .the area, as follows: 1. That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 2. That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit "A", only construct single-family houses and that all such single-family houses shall have at least 1301 square feet of floor space, exclusive of garages. 3. That the property zoned R-8, described in "Exhibit A", shall have lot sizes of at least Sixty Five Hundred (6500) square feet, which is the size represented at the City hearings, and shall meet all of the requirements of the R-8 zone and have no duplex units, townhouses, or patio homes constructed on said property. 4. That there shall be no change to increase the number of lots or the size of lots as shown in the preliminary plat submitted with the request for annexation, zoning and preliminary plat approval, which is incorporated herein as if set forth in full herein. DEVELOPMENT AGREEMENT - 3 d/realest/chambrln.dev 5. That DEVELOPER will, before annexation, or de-annexation, file or cause to be filed with the City Engineer, a complete set of "Subdivision Improvement Plans" showing all streets, utilities, pressurized irrigation facilities, sewer, water, drainage, street and other similar signing and barricades, and other such improvements contemplated within the subdivision, which Plans and all improvements shown thereon shall meet the approval of the City Engineer. The Subdivision Improvement Plan, or Plans supplemental thereto, shall also show the proposed location of pressurized irrigation facilities within or that may affect or be affected by the development. Said Subdivision Improvement Plans are incorporated herein and made a part hereof by reference. 6. That DEVELOPER will, at his or their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs and gutters, pressurized irrigation system, electrical transmission lines, natural gas lines, telephone lines, sidewalks, cross drains, street, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Subdivision Improvement Plans. DEVELOPER shall also install DEVELOPMENT AGREEMENT - 4 d/realest/char~rln.dev telephone, electrical power, gas lines, and television as required for the development. 7. That DEVELOPER will construct and install all such improvements in strict accordance with the filed and approved plat and Subdivision Improvement Plans, and the City Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the time the construction of said improvements is accomplished, or as otherwise agreed between the DEVELOPER and the CITY if the standards and specifications are more restrictive and onerous at the time of construction than at the time of execution of this Agreement. 8. That DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of when and of what portion, or portions, of said improvements he intends to complete and the time schedule therefor; and agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the City Engineer. 9. That DEVELOPER will have "corrected" original drawings of the Subdivision Improvement Plans of all said improvements prepared by a Registered Professional DEVELOPMENT AGREEMENT - 5 d/realest/chambrln.dev Engineer and will provide the CITY with said Plans or a duplicate mylar copy of said Plans. The Subdivision Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location (both horizontally and vertically) of the various water and sewer lines, all utility lines, and pressurized irrigation lines and their individual building service lines, the curb and gutter alignment and grades, etc. The "corrected" Subdivision Improvement Plans shall include a "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans of the various improvements are true and correct and that he (the Registered Professional Engineer) has inspected the construction of the various improvements (water lines, sanitary sewer lines, pressurized irrigation lines, gas lines, electricity lines, storm drain lines, curb and gutter, street paving, etc.) and that the materials for and the installation of the same were all done in conformance with the applicable City Standard Engineering Drawings and Standard Engineering Specifications governing the construction of these facilities. 10. That DEVELOPER will, immediately upon the completion of any such constructed portion, portions, or the entirety DEVELOPMENT AGREEMENT - 6 d/realest/chambrln.dev of said development, notify the City Engineer and request his inspection and written acceptance of such completed improvements. 11. That DEVELOPER agrees, that upon a finding by the City Council, duly entered in the official minutes of the proceedings of the City- Council, that a portion, or portions, or the entirety of said improvements need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the CITY, the DEVELOPER will thereupon, within a reasonable time, construct said needed improvements, or, if he does not so construct within a reasonable time after written notification of such Council action, and the CITY thereafter determines to construct, and does construct such improvement, or improvements, the DEVELOPER will pay to the CITY the cost of such construction, in such manner and under such terms as the CITY shall order after conference with the DEVELOPER. Provided, however, the City Council shall not make the finding set forth in this paragraph except at a regular or special meeting of the City Council and unless the DEVELOPER has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be present DEVELOPMENT AGREEMENT - 7 d/realest/chart~brln.dev in person or by counsel, and to be heard on the merits of the proposed finding. 12. That DEVELOPER agrees that upon his, its, or their having received written notification from the City Engineer, that any of the requirements herein specified have not been complied with, that the CITY shall have the right to withhold the issuance of any Certificates of Occupancy within such annexed area and/or shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed area until such time as all requirements specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its decision shall be final, except that the rights of the parties are preserved at law and equity. 13. DEVELOPER agrees that, in the event any of the improvements required herein are not timely installed, DEVELOPMENT AGREEMENT - 8 d/realest/chambrln.dev the CITY may, at its sole option, install the improvements and declare the entire cost of said improvements to be immediately due and payable and may seek to collect such sums in the manner provided by law, or may pursue any other remedy set forth herein or as may be available in law or equity. In the event of such declaration, all sums due shall bear interest at the prime interest rate of First Security Bank of Idaho, plus five percent (5~) per annum, until paid. 14. That DEVELOPER agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement, to secure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, pressurized irrigation system, landscaping and berming, and fencing. In the event of DEVELOPER'S failure to complete such installation, the CITY may install such improvements and, without notice, foreclose this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of Idaho; provided further that upon request of the DEVELOPER, the CITY will execute and deliver a partial release of the lien created herein against all or any portion of the subject land, upon completion of that portion of the total improvements installed which relates DEVELOPMENT AGREEMENT - 9 d/realest/chambrln.dev to the percentage of improvements that have been installed as compared to the total amount of improvements. The CITY further agrees that, upon request of DEVELOPER, the CITY will, by written agreement, subordinate the lien created hereby, to any mortgage, deed of trust, or other security device required to secure the payment of any loan or advance made to DEVELOPER for the sole purpose of financing the construction of improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall first warrant and represent in writing that it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will take reasonable precautions usual and customary to the financing and lending industry to ensure that the loan proceeds or advances will not be used for any other purpose. The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure the installation of the improvements, and the DEVELOPMENT AGREEMENT - 10 d/realest/chambrln.dev DEVELOPER agrees to provide such, if required by the CITY. 15. That DEVELOPER agrees that those portions of the water main or the sanitary sewer line, for which the CITY has expressly agreed to enter into a late comers agreement, if any, for including any water or sewer line extensions, increased line size or capacity, are required because of future service needs originating from properties not owned by DEVELOPER and located within the vicinity of the subject development; that sound planning requires construction thereof at the present time in order to accommodate future expansion and development. In recognition of the cost savings which can be accomplished by construction of such excess capacity and/or improvements concurrently with the facilities to be constructed for DEVELOPER's purposes, and the impracticality or impossibility of constructing such excess capacity and/or improvements separately or at a later time, DEVELOPER agrees to design and construct such facilities subject to the CITY's agreement to enter into a late comers agreement to reimburse DEVELOPER for a portion of the costs of such excess capacity. DEVELOPER agrees to obtain three independent bona fide bids for the performance of such work from qualified and responsible DEVELOPMENT AGREEMENT - 11 d/realest/chambrln.dev contractors and shall deliver copies of such bids to the CITY prior to the commencement of such work. Such bids shall be solicited and itemized in a manner which allows clear and specific identification of that .portion of the construction work for which the CITY may possibly agree to enter into a late comers agreement. The CITY~s obligation to enter into a late comers agreement to help DEVELOPER to pay for such costs shall be limited to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER to perform the work. 16. That DEVELOPER agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the CITY and the DEVELOPER have entered into an addendum agreement stating when the improvements will be completed in a phased development; in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 17. That DEVELOPER agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in Exhibit "B" attached hereto and by this reference made a part hereof; and agrees to construct a perimeter fence around the entire DEVELOPMENT AGREEMENT - 12 d/realest/chambrln.dev parcel prior to any construction, except where roadways and streets for access are located and except where the CITY has agreed that such fencing is not necessary. 18. That DEVELOPER agrees that any notice required by this Agreement shall be given at the following address: CITY of Meridian : DEVELOPER: City Engineer Kevin A. Howell City of Meridian Irene Howell 33 East Idaho 3451 Plantation River Drive Meridian, ID 83642 Boise, Idaho 83703 19. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 20. All covenants and conditions set forth herein shall be appurtenant to and run with the land and shall be binding upon DEVELOPER'S heirs, successors or assigns. 21. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 22. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de- annexation if the. owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the CITY of Meridian. DATED the date, month and year first appearing. DEVELOPMENT AGREEMENT - 13 d/realest/chambrln.dev DEVELOPER: Kevin Howell Construction By Kevin A. Howell By Irene Howell CITY OF MERIDIAN By Grant P. Kingsford, Mayor By William G. Berg, Jr., City Clerk DEVELOPMENT AGREEMENT - 14 d/realest/chambrln.dev STATE OF IDAHO ) County of Ada :ss. On this day of 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared Kevin A. Howell and Irene Howell, husband and wife , known, or proved to me, to be the persons who executed this instrument and acknowledged to me that they executed the IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at• (SEAL) My Commission Expires: STATE OF IDAHO ) County of Ada :ss. On this day of , 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared GRANT P. KINGSFORD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at• (SEAL) My Commission Expires: DEVELOPMENT AGREEMENT - 15 d/realest/chambrln.dev id A -.~ ~ -~, . ~. ~9. -y~ ~URV~ RUBBLE ENGINEERING, INC. i ~ / .l ~~~ r, ~~ (~.~ tG ~ L~~ J, '. 9.~s3 9550 Bethel Court ^ Boise, Idaho 83709 Project No. 93053 PORTIONS OF 2081322-8992 ^ Fax 208/378-0329 January 21, 1994 Revised May 9, 1994 REVISED DESCRIPTION FOR CHAMBERLAIN ESTATES SUBDIVISION A RESUBDIVISION OF LOTS 9 THROUGH 16, BLOCK- 8, CHATEAU MEADOWS EAST NO. 9, GOVERNMENT LOT 4 AND THE S1/2 NW1/4, SECTION 5, T.3N., R.1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO A parcel of land being portions of a resubdivision of Lots 9 through 16 of Block 8 of Chateau Meadows East No. 9, a Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 61 of Plats at pages 6048 and 6049 and in particularly shown in Quitclaim Deed No. 9346079, Government Lot 4 and the S1/2 of the NW1/4 of Section 5, T.3N., R.1 E., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Commencing at the brass cap marking the one-quarter corner common to Section 6 and the said Section 5; thence North 0°24'35" East 2603.50 feet along the Westerly boundary of the said NW1/4 of Section 5, which is also the centerline of North Locust Grove Road, to a 5/8" iron pin marking the section corner common to the said Sections 6 and 5 and Sections 31 and 32, T.4N., R.1 E., B.M.; thence South 0°24'35" West 954.60 feet along the said Westerly boundary of the NWi/4 of Section 5 to an iron pin; thence South 89°39'35" East 45.00 feet to a 2-inch iron pipe, also said point being the REAL POINT OF BEGINNING (INITIAL POINT); thence along the following courses and distances to iron pins: continuing South 89°35'39" East 1282.25 feet; thence South 0°26'06" West 328.63 feet; thence South 89°44'12" East 331.34 feet; Chamberlain Est. Subd.-Rev. ~ ~ ~ Page 1 of 3 Project No. 93053 January 21, 1994 thence South 0°28'15" West 655.80 feet to a point on the Northerly boundary of Chateau Meadows East No. 8, a Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 60 of Plats at pages 6023 and 6024; thence North 89°35'33" West 485.93 feet along the said Northerly boundary of Chateau Meadows East No. 8 to a point marking the Northwest corner of the said Chateau Meadows East No. 8 and the Northeast corner of the said Chateau Meadows East No. 9; thence along the Southerly boundary of the said Quitclaim Deed Instrument No. 9346079 the following courses and distances: South 89°15'42" West 95.40 feet; thence South 89°47'28" West 101.42 feet; thence North 89°50'16" West 70.00 feet; thence South 89°47'38" West 70.00 feet; thence North 89°55'10" West 70.00 feet; thence South 89°50'06" West 70.00 feet; thence North 89°47'08" West 106.20 feet; thence leaving the said Southerly boundary of Quitclaim Deed Instrument No. 9346079 North 4°30'28" West 398.65 feet; thence North 89°42'09" West 554.65 feet to a point on the said Westerly boundary of the NW1/4 of Section 5; thence North 0°24'35" East 50.00 feet along the said Westerly boundary of the NW1/4 of Section 5; . thence South 89°42'35" East 548.22 feet; thence North 3°53'33" West 211.83 feet; Chamberlain Est. Subd.-Rev. Page 2 of 3 Project No. 93053 January 21, 1994 thence North 89°37'50" West 532.33 feet to a point on the said Westerly boundary of the NW1/4 of Section 5; thence North 0°24'35" East 330.94 feet along the said Westerly boundary of the NW 1 /4 of Section 5; thence South 89°35'39" East 45.00 feet to the point of beginning, comprising 27.24 acres, more or less. Prepared by: NUBBLE ENGINEERING, INC. f: JCM/DTP/G LR/bh/761. des '~ ~~ 3 N 4431 0 y S-~~~' ~ O ~F 0 F `ate Z` G D. Terry Peugh, P.L.S. Chamberlain Est. Subd.-Rev. Page 3 of 3 EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND KEVIN A. HOWELL This subdivision development is for single-family dwelling units and is to be developed in two phases. Phase I will have 53 lots (composed of four non-build lots and 49 building lots) and Phase II will have 50 lots (all of which are building lots). The total acreage is 27.24 total acres and the density is 3.78 total lots per acre for all lots and 3.63 building lots per acre. Developer agrees for each phase to: 1. Extend and construct water and sewer line extensions and connect to the existing Meridian water and sewer lines to serve each phase of this development as each phase is constructed and serve each building lot. 2. Construct streets, curbs, gutters and sidewalks to and within each phase of the development as each phase is constructed which meet City and ACHD requirements. 3. Dedicate all required public rights of way from the center line of adjoining public roads. 4. Pay any usual and customary development fees or transfer fees adopted by the City of Meridian. 5. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law adopted by the City of Meridian regarding this development. 6. Comply with all Meridian City ordinances. 7. Construct berms and landscaping in all common area lots of the development which are designated as follows: Lot 1 Block 1 (planting strip traffic divider) Lot 1 Block 2 (sidewalk adjacent to ACHD right-of-way and landscape all other portions of this lot; construct perimeter fence between this lot and adjacent building lot) EXHIBIT B - 1 d/realest/howell.exb Lot 1 Block 3 (sidewalk adjacent to ACHD right-of-way and landscape all other portions of this lot; construct perimeter fence between this lot and adjacent building lot) Lot 13 Block 3 (retention pond/drainage basin area; landscape) These lots shall be transferred to the Homeowners Association and the Covenants, Conditions and Restrictions (CC&R's) for this subdivision shall provide that the Association shall maintain these common area lots. 8. Pressurized irrigation shall be provided to all lots in each phase of this development as each phase is developed. 9. Perimeter Fencing: Construct fencing around the exterior Subdivision perimeter of the entire Phase I development. Between Phase I and Phase II Developer shall construct temporary construction fencing while Phase I is under construction but Phase II is not. Upon construction of Phase II of the development Developer agrees to construct the remainder of the fencing around the perimeter of Phase II. In the alternative to the temporary construction fencing between Phase I and Phase II Developer may elect to construct permanent fencing around all of Phase I and Phase II. EXHIBIT B - 2 d/realest/howell.exb ~c~no JAMES E. BRUCE. President SHERRY R. HUBER.'/ice President SUSAN S. EA.STLAY.E. Secretary October 13, 1995 Gary Smith, P.E. City Engineer City of Meridian 33 East Idaho Meridian, Idaho 83642 Subject: Chamberland Estates Dear Mr. Smith: `.. ~ QG~ . . ,~~ ~~ 1- Today I met with Jim Merkle and Rich Tomlinson of Hubble Engineering Inc. and discussed ACHD accepting maintenance of the stormwater retention facility for the subject development. If certain conditions are met by the developer, ACRD will accept heavy maintenance of the facility. Heavy maintenance will consist of periodically inspecting the facility to ensure it is functioning properly, cleaning out the facility piping and mucking out the facility when the sediment level exceeds the designed storage level. All other maintenance will be the responsibility of the homeowner's association. The following conditions must be met for ACHD to accept maintenance: The facility must have an access road along one side able to support an HS-20 truck loading. The access road shall run from Locust Grove Road to the East end of the facility. The engineer shall develop a maintenance manual for the facility outlining the maintenance responsibilities of the homeowner's association. This manual shall include a requirement for periodic weed control, keeping the area free of debris and trash and periodically inspecting for bank stability. It shall also include provisions for inspecting the fence around the facility and maintaining or replacing the fence as necessary to ensure integrity of the facility. The CCR's shall contain reference to the maintenance manual and require the homeowner's association to perform the maintenance required by the manual or ACHD ~~ill have the maintenance performed and charge the homeowner's association accordingly. ada county highway district 318 East 37th • Boise, Idaho 83714-6494 • Phone 1208) 345-7f~80 ~ ~ ~ Mr. Gary Smith, P.E. October 13, 1994 Page 2 • The plat shall include an easement to the District for access and maintenance of the facility. The District will review the bonding requirements to assure the required pond modifications are covered. We can assure the rest of the requirements are met prior to signing the final plat. If you have any questions or comments, please contact me. Sincerely, ADA COUNTY HIGHWAY DISTRICT ,~.~~%~~ Dorrell Hansen, P.E. Staff Engineer c: Jim Merkel, P.E.. Hubble Eng. L. Kent Brown, P.E. Larry Sale Errol Morgan Duane Hays Central Files Project File Chron October 30, 1995 Attention: City of Meridian, Public works Dept. Gary Smith, P.E. I do not want the user-irrigation ditch on the east side of my property to be tiled because I irrigate out of it and it would not be practical. Signed: %2E z~ L `~' ~ Date: OC~Oh~r mil, fq~~ Address: ~2~~~~ ~`~, l.,c~~us ~ G r~~~~ 1~c~ l~~e rr cl i a~ ~ , ~~ . ~ 3~ ~~~ ~' ~~ a.i..a. y:.. ... _. .. ~:: -~ °.RE~Ei`/~1~ O C T 0 5 X95 CITY Ul~ iN~Kiwr~. 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651.4395 FAX # 208-888-6201 4 October 19 9 5 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Richard Tomlinson ~ Boise 345-2431 Hubble Engineering, Inc. 9550 Bethel Court Boise, Idaho 83709 ' Re: Pressure Irri ation- ~ g k, ,~ Subdivision/ Cre+~k= Subdivision/T>~` .~°'- , '"soon Nn. 5' Dear Rich: Nampa & Meridian Irrigation District has completed a review of the above mentioned proposed pressurized irrigation system. For the most part, it looks like the combined system for these subdivisions will be adequate. This system does meet Nampa & Meridian Irrigation District's specifications but I have concerns that I would like addressed. In Tract Subdivision No. 5 there are two open ended lines. I do not have the block numbers but I am sure that you can use the plans as a reference. Lots 2 through 13 and lots 6 through 13 do not loop the entire system. If these lines were looped, it would make the system much more efficient. As this system is large, when the area expands to the point of the development of Chamberlain Estates No. 2, I would like to add a booster pump off of Nampa & Meridian Irrigation District's Finch Lateral. We will stay within the easement. It would be helpful if the engineers would include the piping to reach this area. This will generate a more constant pressure and better flows for the entire area. APPROXIMATE IRRIGABLE ACRES RNER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 . \ 4 October 1995 Richard Tomlinson Page 2 Nampa & Meridian Irrigation District does require a contract with all three subdivisions. I know that a signed contract has been returned to the District by the owners of Tract Subdivision No. 5 and Cougar Creek Subdivision. This contract will go before the District's Board of Directors at the meeting of 17 October 1995. At the same meeting, I would like to see Chamberlain Estates tied to this contract by an addendum. Please contact the District's attorney, Laura Burri, at 342-4591 and have her prepare the necessary document. If you feel further discussion is required regarding this matter, please feel free to contact me. Sincerely, John P. Anderson District Water Superintendent pc: Each Director Secretary of the Board Laura Burri Bill Henson John Sharp Ted Clinton Ga Lee/JUB Engineers ity of Meridian Trish Cooper File MERIDIAN CITY CO`JNCIL MEETING: AUGUST 1.1995 APPLICANT. ITEM NUMBER; 11 REQUEST; NON-DEVELOPMENT AGREEMENT FOR CHAMBERLAIN ESTATES AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: ~~,~ P~4 OTHER: pal Materials presented at public meetings shall become property of the City of Meridian. .~•-~-r ..~r~ nc~/~l_~PIIAENT AGREE-i - , 1995, of This AGREEMENT, madWand entered into this __-day a municipality of VI A ,whose address is 3451 Pla t tion River Drive. Qoise by and between KE h HO ELL 83703 hereinafter referred to as "DEVELOPER," and the CITY OF MERIDIA , -- tin by and through its Council Members, hereinafter referred to as "CITY." the State of Idaho, ac 9 WITNESSETH: is currently the Owner of all real property and subdivision lots WHEREAS, DEVELOPER, Ada County, Idaho; and, ,..^ncR~ elti cSTATE_~UBDlYI~~ contained in AS DEVELOPER desires to withhold development of street, sewer, water, irRga Ion 0 osed LOTS 12 THROUGH 26, BLOOC GH WHERE , and other utility and lot improvements and sale of P particularly described as follows: THROUGH 24, BLOCK 5, LOTS 22 ToHROoUe P 27, BLOCK 3, AND LOTS 1 ~~ LOTS 2 ed Lots) 6, BLOCK 6 (hereafter "Undevelop FICE OF THE ADA COUNTY RECORDER, BOISE, IDAHO Ir- BEING PORTIONS OF LOTS 9 T OFOUGH 12 OF BLOCK 8 OF CHAT~EM DE D N0.9346079 I A PARCEL OF LAND .~'~~ ! N0.9, A SUBDMSION, AS FILED FOR RECORD IN THE IN BOOK 61 OF PLATS AT N GES 6048 AND 6049 AND IN PARE CULAR SHOWN IN (lUl T LOT 4 AND THE S1/2 OF THE N ED AS FOLLOWS; 5, T.3N., R.1 E., B.M., MERIDIAN, AND LYING IN GOVERNME ADA COUNTY, IDAHO AND MORE PARTICULARLY DESCR AT A POINT MARKING THE ONE-ClUARTER CORNER COMMON TO SECTION 6 AND THE COM(vIENCING SAID SECTION 5; TH 0°24'35" EAST 2603.50 FEET FLONG THE WESTERLY BOUNDARY OF THE SAID NW1 NORTH LOCUST GROVE ROAD, p 32, T.40N. R.1 ER BI.M.; THENCE NOR THE SECTION CORNER COMMON TO THE SAID SECTIONS 6 AND 5 AND SECTIONS 3 OF SECTION 5, WHICH IS ALSO THE CENTERLINE THE SAID WESTERLY BOUNDARY OF THE NW1/4 THENCE SOUTH 0°24'35" WEST 954.60 FEET ALONG OF SECTION S, H 8g°35'39" EAST 1327.25 FEET TO A POINT ON THE EASTERLY BOUNDARY OF THE SAI THENCE SOOT GOVERNMENT LOT 4 OF THE NW114 OF SECTION 5; T ALSO SAID POINT BEING THE REAL POINT OF H 0"26'06" WEST 280.49 FEED INLONG THE SAID EASTERLY BOUNDARY OF THENCE SOUT GOVERNMENT LOT 4 OF THE NW114 OF SECTION 5 TO A T ALONG THE SAID EASTERLY BOUNDARY AND BEGINNING; THENCE CONTINUING SOUTH 0°26'06" WEST 48.14 FEE RLY BOUNDARY OF THE SAID GOVERNMENT LOT 4 OF THE NW1/4 OF SECTION 5 T EXTENDED EASTE POINT; THENCE SOUTH 89°44'12" EAST 331.34 FEET TO A POINT; CORD IN THE OFFICE OF THE ADA TH 0°28'15" WEST 655.80 FEEATS OLEp ~OR RE THE NORT4 ERLY BOUNDARY OF THENCE SOU CHATEAU MEADOWS EAST NO. 8, A SUBDIVISION, THE SAID NORTHERLY BOUNDARY OF CHATEAU COUNTY RECORDER, BOISE, IDAHO IN BOOK 60 OF PLAT GAT PAGES 6023 AND 6 ATEAU MEADOWS THENCE NORTH 89"35'33" WEST 485.93 FEET ALON pOWS EAST NO. B TO A POINT MCORNER OF THE SAID CHATEAU MEADOWS EAST N0.9; MENT NO. MEA EAST NO. B AND THE NORTHEAST ENCE ALONG THE SOUTHERL pISTANCESY OF THE SAID QUITCLAIM DEED INSTR TH 9346079 THE FOLLOWING COURSES AND SOUTH 89"15'42" WEST 95.40 FEET 70 A POINT; THENCE SOUTH 89°47'28" WEST 101.42 FEET TO A POINT; THENCE NORTH 89°50'16" WEST 70.00 FEET TO A POINT; THENCE SOUTH 89°47'38" WEST 50.74 FEET TO A POINT; G THE SAID SOUTHERLY BOUNDARY OF QUITCLAIM DEED INSTRUMENT N0.9346079 THENCE LEAVIN NORTH 0°00'00" EAST 175.59 FEET TO A POINT; THENCE NORTH 83"26'00" WEST 26.54 FEET TO A POINT; CENTRAL •• DISTRICT ~11'HEALTH DEPARTMENT To prevent and treat disease and disa 95-279 July 19, 1995 MAIN OFFICE • 707 N. ARMSTRONG Pl. • BOISE, 10 83104-0825 • (2081375.5211 FAX 327-8500 t+ility; to promote healthy li/estyles; and to protect and promote the health and finality o/osr ent•ironrnent. _ ~~ j G DAVID NAVARRO ( ~ t + n <~, _-, ADA COUNTY RECORDER 650 MAIN STREET {;~ t ~ ;_; ~ .. _a,,.;.1:r BOISE ID 83702 RE: CHAMBERLAIN ESTATES SUBDIVISION Dear Mr. Navarro: Central District Health Department, Environmental Health Division has reviewed and do approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given on July 18, 1995. No lot size may be reduced without prior approval of the health authority. If you have any questions please call. Sincerely, ~~ d~ ~ Cl , ~ ~ ~ Thomas E. Schmalz, E.H.S.,. ~ -~ ~ Senior Environmental Health Specialist cc: Tom Turco, Director of Environmental Health Marty Jones, Supervisor of Environmental Health HUD Kevin Howell Construction Hubble Engineering City of Meridian Sen~ng Yalley, Elmore Boise andAda Cain ADA / BOISE CouNrr OFFICE WIC BOISE - MEtlOLW ELIAOIIE COUNTY OFFICE EUIOfE COUNTY OEFKE VALLEY COUNIY OifICE 707 N. Armstrong PI. 1606 Robert St. 520 E. 8th Street N. aE ENVIeo•wENrAI HE~LTM 703 North 1st Boise, ID 83704-0825 Boise, ID 83705 Mountain Home, ID 190 S. 4th Street E. P.O. Box 1448 Enviro. Health: 327-7499 Ph. 334-3355 83647 Ph. 587-4407 Mountain Home, ID McCall, ID 83638 Family Planning: 327-7400 324 Meridian Rd. 83647 Ph. 587-9225 Ph. 634-7194 Immunizations: 327-7450 Meridian, 10. 83642 Nutrition: 327-7460 Ph. 888.6525 WIC: 327-7488 r - ~~ MERIDIAN CITY COUNCIL MEETING: JULY 18 1995 APPLICANT KEVIN HOWELL ITEM NUMBER; 13 REQUEST; ONE YEAR EXTENSION ON THE APPROVAL OF THE PRELIMINARY PLAT FOR CHAMBERLAIN ESTATES NO 2 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: Nag°''~ 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: All Materials presented at public meetings shall become property of the City of Meridian. '`~ 7`~ RUBBLE ENGINEERING, INC. \9 ~ 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 2081378-0329 RV July 7, 1995 City of Meridian Ms. Shari Stiles 33 E. Idaho Street Meridian, Idaho 83642 Re: Chamberlain Estates Subdivision No. 2 Preliminary Plat Approval Dear Shari, s~~"~'~'y'' ~' ,.. J l) L 1 0 19'J~ On behalf of Kevin Howell Construction we hereby request a one year extension of the approval of the preliminary plat for Chamberlain Estates Subdivision No. 2. This request is being made in conformance with the Meridian City Subdivision Ordinance Section 9-604 F.2. The developer is planning on starting construction of phase I of Chamberlain Estates Subdivision No. 1 in September of 1995, with anticipated construction of Chamberlain Estates Subdivision No. 2 beginning in the fall of 1996. Thank you for your time and consideration, and please do not hesitate to call if you have any questions. Sincerely, -~~'tit/~ Tracey Persons Project Coordinator d:\177.1tr May 18, 1995 Mayor Grant Kingsford City of Meridian 33 E. Idaho Meridian, ID 83642 RE: Chamberlain Estates Drainage Pond Dear Mayor Kingsford: After our meeting with you on May 17, 1995, I met with Jim Merkle and Rich Tomlinson from Hubble Engineering at the site to decide the course of action to resolve the city's concerns about the existing pond. The pond will be reshaped and the bottom filled to an elevation such that the pond will drain to the east to the seepage trench which was in the original design. The new elevation of the bottom at the east end will be 2.00 and the elevation of the bottom at the west end will be 3.00 (the original design was for the bottom to be 3.00). The areas along the north and the south property line fences will be bermed and widened to allow more protection from the adjacent irrigating operations. This will result in the pond being longer than the design plan, but will still have the capacity required for the future subdivision. Also, the subsurface trench at the east end as shown on the design plan will be installed to allow water in the pond to percolate in a sufficient time to eliminate any hazard. Once the sides and bottom aze regraded, they will be seeded to help with stabilization of the ground. We believe this solution should adequately eliminate any potential concern the City may have. We talked with the neighbor to the north and the indicated they would be finished irrigation on May 17, 1995 and not irrigate again until May 27, 1995. Since there was very little water in the pond now, this should give adequate time to dry and to complete the work as described above. Please feel free to call if you have any questions. Sincerely, r l •~7~.-~ L`~ Kevin Howell KH/vw/2346.1tr cc: Hubble Engineering, Inc. SUBDIVISION EVALUATION SHEET Proposed Development Name CHAMBERLAIN ESTATES SUB City MERIDIAN Date Reviewed 05/04/95 Preliminary Stage Final XXXX Engineer/Developer Hubble Enar. /Kevin Howell Construction The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Meridian City Street Name Ordinance. The following existins~ street names shall appear on the plat as: "N. LOCUST GROVE ROAD" "E. USTICK ROAD" "N. LAUGHRIDGE AVENUE" The following new street names are approved and shall appear on the plat as: "N. CHIANTI WAY" "E. CHALLIS DRIVE" "E. COUGAR CREEK DRIVE" "CHALET" is a dulication and cannot be used. Please choose a name and have it approved by the street name committee. The street at the end of "COUGAR CREEK" is in alignment with an existing street and therefore shall be named: "N. LAUGHRIDGE AVENUE" "CHORTLE" sounds like WARDLE and therefore cannot be used. "CHAPEAU" sounds like CHATEAU and therefore cannot be used. "CHAGRIN" sounds like CRAYDON and therefore cannot be used. The followings propose street name may be used for one on the streets in this plat: "CHAMFRON" ~ AFQ~L~ .~ TUB Oi.Ll~;t: T~ `C~f~l~~f ~ L Please choose_ 2. more names and have them approved. 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 Ada County Engineer John Priester _ Ada Planning Assoc. Terri Raynor ~ City of Meridian Representative Meridian Fire Dept. Representative NOTE: A copy of this evaluation sheet must be presented to the p-da signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index 3N 1 E 05 Section Y REP~iESENTATIVES OR DESIGNEES S Date ~"-- Date `~ ~i~ Date ~~ fS~ Date .. County Engineer at the time of NUMBERING OF LOTS AND BLOCKS ' ~ ,1 ` ' COUNCIL MEMBERS OFFICIALS A GOOd PIaCe t0 LIVC RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk '1 MAk YERRINGTON JANICE L. GASS, City Treasurer ~ l I TY OF MERID I ROBERT D. CORRIE GARY D. SMITH, P.E. City Engineer v l ~1 \ WALT W. MORROW BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO SHARI STILES JOHN T. SHAWCROFT, Waste Water Supt. Planner & Zoning Administrator KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 W.L. "BILL" GORDON, Police Chief t Phone (208) 888433 • FAX (208) 887813 JIM JOHNSON Chairman • Planning b Zoning orney WAYNE G. CROOKSTON. JR., At Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM April 13, 1995 TO: MAYOR & COUN IL FROM: Gary Smith, PE RE: CHAMBERLAIN ES~'ATES SUBD. Jim Merkle advises me, and my field inspector verifies, that the developers contractor has graded the drainage retention basin for this subdivision to a general configuration of that shown on the development plans. The developers engineer has taken some elevations in the field to compare with the design depth of basin. The design depth of pond was shown to be 3.1 feet. The existing depth of pond is approximately 4 feet and they have constructed a small berm along the top edge to help prevent surface water from entering the pond. The approximate 1 foot difference in pond depth will be eliminated with final grading when the collection box and some piping is installed with the other subdivision improvements. The above information is presented to you to verify the efforts made by this developer to conform with an April 15, 1995 deadline condition of your previous approval for extension of the preliminary plat approval of this subdivision. RECEYVEi~, MAR 2 4 1995 GITY OF 1~IERIDIAN cfea & ~1~enidtac~ ~I~vugauooc Z~lo~cCct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651.4395 FAX # 208-888-6201 2 2 March 19 9 5 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466.0663 James Merkle, P.E. Boise 345-2431 Hubble Engineering, Inc. 9550 Bethel Court Boise, Idaho 83709 Re: Cougar Creek, Chamberlain, and Tract Subdivisions Pressure Irrigation Dear Jim: Nampa & Meridian Irrigation District has reviewed the pump station details furnished for the above mentioned project. The pump station and pumps appear to be adequate, thus if this portion of the pressurized irrigation system is built according to the plans that were reviewed, it will be adequate to meet the District's requirements for this type of installation. Nampa & Meridian Irrigation District does require a contract between the developer or developers before the District can assume control of the operation and maintenance of these facilities. If this assumption is intended for the above mentioned project, please have your client or clients contact Daren Coon, Secretary/Treasurer of Nampa & Meridian Irrigation District, so that he can commence with the paper work that is necessary. If you feel that further discussion is required regarding this matter, please feel free to contact me. Sincerely, John P. Anderson District Water Superintendent pc: Each Director Secretary of the Board Steven Mahaffy John Sharp Bill Henson Allen Damberger Rider 3 ~rt~ of Meridian Ada County Development Services APPROXIMATE IRRIGABLE ACRES F i 1 e RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40.000 ~~'` ~~`~ .RUBBLE ENGINEERING, tNC. f ~ 9560 6ethei Court ^ Saise, Idaho 83709 2081322.8992 ~ Fax 2081378-0329 \v. sy March 16, 1995 PN 93-053 RECFI VED Mr. Gary Smith, P.E. MAR 1 7 1995 City of Meridian Public Works Department Ct ~R 33 E. Idaho Meridian, ID 83642 RE: CHAII~ERLAIN ESTATES SUBDYVISION DRAINAGE POND Dear Gary: The mugh gta~ding of the stormwater pond at Chamberlain Estates Subdivision has been completed. Richard Tomlinson has been to inspect the work. The pond has been rough graded in accordance with the approved plans and the top banks of the pond have been bermed up so as not to allow any izrxgation runoff from adjacent lots into the pond. As you know, this was to be completed prior to April 15, to allow the extension of the Chamberlain final plat. Please forward this information to the City Council so as not to affect our plat extenio><. Zf you have any question regarding this matter, please call Richard Tomlinson or me. Sincerely, ~` ~ i~ James C. Merlcle, P.E. JCM/vw/Itc.2271 Co~ do 7n~,cCL f1u~' ~~i7~95 m ** TOTAL PAGE.001 ** Meridian City Council December 6, 1994 Page 67 Kingsford: Moved by Walt, second by Bob to enter into a late comers agreement with Nelson/McAlvain late comers agreement for water line extension, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #30: GULL PEST CONTROL: REQUEST A 6 MONTH EXTENSION OF TEMPORARY SALES TRAILER AT 1720 FRANKLIN ROAD: Gull: I am Scott Gull, 1720 Franklin Road is our office location. Mr. Mayor and Councilmen I want to thank you for allowing us to have our temporary status on our mobile home office. We would like to extend that for an additional 6 months if we could. Kingsford: Any questions of the Council. You can go by and see the progress being made. Morrow. I have no problem. Corrie: I just make the comment that he really has a nice area there and I agree. Kingsford: Entertain a motion to extend that 6 months. Morrow. So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to have the mobile office for Gufl Pest Control for another 6 months, all those in favor? Opposed? MOTION CARRIED: All Yea --~- ITEM #31: KEVIN HOWELL CONSTRUCTION: REQUEST FOR ONE YEAR EXTENSION FOR CHAMBERLAIN ESTATES SUBDIVISION: Merkle: Mr. Mayor, members of the Council I am Jim Merkle from Hubble Engineering on behalf of Kevin Howell the applicant. Chamberlain Estates is a 27 acre single family subdivision on the east side of Locust Grove. His original intention was to develop the, to get started on the project this past year but due to market and the (inaudible) on the final plat he is finishing his second phase of Howell Plat this Spring and probably won't start the first part of this until Fall of this year. So we do need a one year extension of the final plat. All the engineering plans have been done, the sewer and water plans have been approved by the City, approved the State, the plat is being processed through the health department Meridian City Council December 6, 1994 Page 68 and the highway district. He has just not started with the construction phase due to the slow down in the market. He is requesting a one year extension on the time period it takes to record a final plat. Corrie: I don't have a problem with that. Smith: Mr. Mayor, members of the Council, one thing that and I think that Mr. Howell has directed Jim Merkle to write a letter which Jim did and I received a copy of it by fax today. We have had a problem out there with the, we lovingly refer to it as the pit between, it is along narrow finger like piece of ground that connects Chamberlain properties with Locust Grove Road and was originally the access to the first piece of property that makes up Chamberlain Estates Subdivision. And throughout last summer this pit was continually full of water and we received numerous phone calls from the adjacent property owners, from Commissioner Bisterfeldt of Ada County who was called several times by one of the property owners. We were in contact with Mr. Howell and Mr. Howell made some attempts to eliminate the problem. But as of the end of the irrigation season it was still there. The letter that Jim wrote to me and was faxed to me today says that they will be constructing that pond which is a retention pond in accordance with the approved plans. And that the sand and grease traps and the storm drain pipes and trenches will be constructed with the street improvements at a later date. They are saying that the construction of the pond should alleviate any potential irrigation run off problems from the adjacent fields. We were in contact with Mr. Howell and requested that this letter be sent to us as an indication that they will take care of the problem, but I guess all I can say is that we have, it has been addressed by the developer. And it was a concern through the last irrigation season. Kingsford: I guess the request for extension ought to be predicated on that being remedied. Morrow. I think my, if I were to make a motion at this point is, my motion would be that we grant an extension until April 15th and conditioned on at such time if that improvement is not in then the extension is over with. If the improvement is in then it presses on for the remainder of the 1 year calendar date. Merkle: Weather permitting. Morrow: Irrigation comes in April 15th. Merkle: You are right, the letter we sent to the City said by the end of January it would be graded weather permitting. If there is a foot of snow you can't grade. There is no problem now, the problem doesn't come until the water does. And I do understand your point. Meridian City Council December 6, 1994 Page 69 Morrow. What I would be after is that the extension is good until April 15th, if the improvement is in it is good until whatever a year from today's date is, December 6th, 1995. Yerrington: Second Kingsford: My recollection of what you meant was from your statement if I were to make a motion and apparently you did because Max seconded it. The extension be granted until April 15th conditioned upon the gravel pit issue being remedied and if it not it is dropped if it is then it is extended for the calendar year which would be December 6th 1995; all those in favor? Opposed? . MOTION CARRIED: All Yea ITEM #32: PROCLAMATION: A TIME OF DRUNK AND DRUGGED DRIVER PREVENTION: Kingsford: Whereas, drivers and pedestrians impaired by alcohol and other drugs account for nearly 17,500 national highway deaths annually; and Whereas, 85 fatalities and 1,508 injuries resulted from alcohol-involved crashes in Idaho during 1993; and Whereas, motor vehicle crashes are the number one cause of deaths for children, adolescents and young adults in the United States; and Whereas, injury and property damage resulting from alcohol and drug-impaired driving accidents cause physical, emotional, and economic hardship for hundreds of thousands of adults and young people; and Whereas, health care costs resulting from motor vehicle injuries cost American society over $14 billion a year; and $35,000 in health care costs alone can be saved for each serious injury prevented; and Whereas, comprehensive community-based programs to further reduce and prevent impaired driving tragedies through education are known to help the cause; and Whereas, if we take a stand now, we can prevent impaired driving and save lives; Now, therefore, I Grant Kingsford, Mayor of Meridian do hereby proclaim December 1994 as A time of Drunk and Drugged Driver Prevention in Meridian and I urge all citizens to support the these "the responsibility is yours - choose a sober driver" to become aware of the problem of driving under the influence and the importance of education, legislation and enforcement to help prevent drunk and drugged drivers. I proclaim this Friday, December 16, 1994 as National Lights on for Life Day and encourage all drivers of publicly and privately owned commercial and non-commercial vehicles to drive with their head lights on throughout the day to call attention to the importance of measure to prevent drunk and drugged driving and in memory of victims of this crime. ITEM #33: DEVELOPMENT AGREEMENT FOR CANVEST (VAN AUKER): 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 WAYNEG.%ROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 8884433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. K[NGSFORD Mayor HUB OF TREASURE VALLEY MEMORANDUM April 13, 1995 TO: MAYOR & COON IL FROM: Gary Smith, PE , RE: CHAMBERLAIN ES~'ATES SUBD. COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman -Planning 8 Zoning Jim Merkle advises me, and my field inspector verifies, that the developers contractor has graded the drainage retention basin for this subdivision to a general configuration of that shown on the development plans. The developers engineer has taken some elevations in the field to compare with the design depth of basin. The design depth of pond was shown to be 3.1 feet. The existing depth of pond is approximately 4 feet and they have constructed a small berm along the top edge to help prevent surface water from entering the pond. The approximate 1 foot difference in pond depth will be eliminated with final grading when the collection box and some piping is installed with the other subdivision improvements. The above information is presented to you to verify the efforts made by this developer to conform with an April 15, 1995 deadline condition of your previous approval for extension of the preliminary plat approval of this subdivision. '`' "`~ RUBBLE ENGINEERING, INC. \~ y 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 2081378-0329 ~URV' December 1, 1994 Meridian City Council 130 East Idaho Street Meridian, Idaho 83642 per: Cl:amherl~.n. Irstatc'~ Subd1~-~s~nn Dear Councilmen: ~~~~~~~~ DEC - 1 X994 CITY ~?F t~ERii~i1~~! On behalf of Kevin Howell Construction we hereby request a one year time extension (9- 604-I-1) for the recording of the final plat for chamberlain Estates Subdivision. Thank you for your time and consideration. Sincerely, ~~:,Q.~ Tracey Persons Project Coordinator 090.1tr Meridian City Council July 19, 1994 Page 67 conclusions of law with the replacement of a 15 foot landscape setback required under the Comprehensive Plan. Morrow: Did you wish to include in your motion that the applicant submit a landscape plan for this site? Cowie: Yes Morrow: Second Toisma: Moved by Bob, second by Walt to approve the findings of fact and conclusions of law with a 15 foot setback instead of a 35 foot setback and that the developer provide a landscape site plan for the project, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yen'ington -Yea, Corrie -Yea MOTION CARRIED: All Yea Tofin: Can I ask for one clamcation and it will be brief when we submit the building plans the site plans and the landscape plan will be submitted for review is that a staff level review? Morrow: The landscape review plan based on the motion would be done at the staff level because the public hearing was not continued to the next meeting for that presentation. So it would be up to our #1 gal to take care of that. (Discussion Inaudible) Crookston: 1 think you need to table the ordinance because you are still waiting for the landscape plan. Morrow: So moved Cowie: Second Toisma: Moved by Walt, second by Bob to table the rezone ordinance until we have a landscape plan, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #21: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING WITH A Meridian City Council July 19, 1994 Page 68 PRELIMINARY PLAT FOR CHAMBERLAIN ESTATES NO. 2: Toisma: Is there a representative here? Jim Merkle, 9550 Bethel Court, Boise, was sworn by the City Attorney. Merkle: Mr. President, members of the Councl, I am here this evening on behalf of Kevin Howell the applicant. This.proposal is located about 1000 feet south of Ustidc Road on the east side of Locust Grove Road, just north of Chamberlain Estates Subdivision which is an approved subdivision by the same applicant just to the south. This is the northerly piece of that already approved subdivision. This application is for annexation and R-8 zoning on 9.7 acres with a 28 lot preliminary plat. This provides us a density of 2.9 lots per acre. We are proposing home sizes with a minimum of 1350 square feet which is typical for the surrounding R-8 zoning to the west side of Locust Grove and what Kevin had approved on the Chamberlain plat just to the south of us. Access to the subdivision, right now we don't have any and it will be a condition of the city and the Highway District that we can't have access to the subdivision until this phase of Chamberlain does get constructed. Obviously our one access rigtrt now is here, we are providing stub streets to the east, to the north in this location and also some adjacent right of way at this location to punch up into this property when it devebps. Pheasant Pointe access is right there. In talking with the Highway District we did not want to have this come through like that, it just creates a problem on residential streets fo have through areas going a 1/4 mile. So what they are proposing to do is have the access come up and loop up into the property like that and at some point access out to Ustidc. All the streets within the subdivision will be built to the Highway District standards with the addition of 5 foot sidewalks as is required by the City of Meridian. Sewer to the project will be from the extension ofi the 18 inch South Slough sewer trunk which will come through the site and end right here. I would like to address the existing South Slough. This dotted line right here represents the existing easement for the South Slough, it comes right through there and punches under Locust Grove. The applicant is proposing to realign this so we can have lots here back up to the south side lots back up to the front side and punch it up where it goes to Locust Grove existing. We will have the 18 foot Nampa Meridian access on the north side and we will leave 15 foot on the south side far the City's path, for the pathway plan that identifies this particular slough as a pathway plan. One point of interest, this particular lot right here, there is an existing house on that lot right there and it right now provides access out to Locust Grove. We are wanting to continue that, that house will be tom down but we want to continue the access out here which is acceptable to the Highway District onto Locust Grove. The fact being that it just doesn"t seem feasible to punch something across and put a big 7 foot (inaudible) to serve one lot so it was acceptable to leave that access out onto Locust Grove. Pressurized irrigation will be provided as the City ordinance to tie into the existing system that will be existing once it is put in for Chamberlain. Regarding Meridian City Council July 19, 1994 Page 69 Gary Smith's and Shari's comments, typically I provide a written response to each of them I did not do that in this case, however, if you want~to I can go through them one by one or have them question me and I can answer. But none of them are insurmountable. I can submit the stuff provide it to them, or some of the stuff Shari wanted I have already provided on this plat and submitted it to them, it is a little bit different from the Planning and Zoning. If you have any questions, or ~ Gary or Shari has any comment I would like to address that at that time. Crookston: What is the average size of your lots? Merkle: I don't have a calculator on me right now, but I would guess they are in excess of 8,000 square feet. If I may what I think you are getting at is the R-8 versus the R-4, the reason we are going with R-8 here is the frontage. We have deep deep lots, 140 feet, 110, 108, we have some extra wide lots, but to go to an R-4 here we would lose a couple lots. We are only 2.9 lots per acre. The surrounding use is R-8. It is kind of like the same situation we had over here on Cougar Creels, we have a narrow long side one road down the middle and we have 74 foot wide lots by a 120 and 140 in that case. So it is our opinion that the R-8 really it is not a big problem here. As far as the annexation goes we could with the development agreement set a maximum units on what is proposed tonight with the annexation. Corrie: How would the developer feel about 1400 square foot minimum homes? Merkle: He would probably rather have 1350. Come: Do you think he would go with the 1400, we are going to run into a problem here . before too long. Merkle: I think that would be acceptable. Corrie: It would make our job a little easier down the road. Tolsma: Has this planned changed, Shari has a comment here that Block 1 is over a 1000 feet long. Merkle: Right, and that was the original submittal some 2 months ago, but since then we put the stub street in and we have eliminated that long block. Tolsma: I see the school district doesn't recommend approval of this one either, do you have any comments on that? Meridian City Council July 19, 1994 Page 70 Merkle: Councilman Tolsma, does it say in their letter dated May 5th. Tolsma: I was reading in the findings of fact in -here, Corrie: Are they going to have a mandatory homeowners association with this? Merkle: Yes, it will probably be in accordance with. Chamberlain to the South since they are trying to make it all one subdivision. Is there anything else? Tolsma: Anyone else from the public wish to offer testimony? Vern Alleman, 2101 East U dick, was sworn by the City Attorney. Alleman: I have some concerns and I expressed them at the Planning & Zoning and I don't know what the status is at this point.. One is a question, previously this subdivision the other part of Chamberlain I believe it is, they had changed the roadways into my property and I got no notice of it. 1 think this was after it had been approved. What they did I approve of 1 think it was better atl the way around, but I am concerned can they come along and change the access to my property without me having after it has been approved can they change it. And the other question is, of course it was pointed out at the Planning and Zoning that because I am agriculture chat they have to provide fencing between me and the subdivision. I wonder what provision there are for that and when the fencing is to be put in and by whom the fencing is to be put in. Put in by the neighborhood association, who oversees that it is done and what type of fencing it is. I am concerned, I have been very concerned about this atl through the Planning and Zoning at the Comprehensive Plan I have expressed by car~cems about this. Farming and subdivisions are not compatible and it is to their advantage just as well as mine that we have good fencing between fanning and subdivisions because when children get over and this has been brought out in many of the hearings, when children get over into farming and where you have livestock you are in for some problem because children can get hurt not only that we do have the South Slough there they can get into the South Slough and there can be some problem. And of course I worry about them getting into the irrigation arul I have the extra problems with the irrigation and all that causes. Morrow: I think to answer your question the action the Council has taken with recent annexation requests that l think the Council has been very speck and put the developers and the development folk and realtors on notice that they are to specifically spell out within the covenants and restrictions that the agrxultural uses exist immediately adjacent to those subdivisions for as long as they choose to exist that those fences go in prior to any construction'in terms of actual homes so that the trash that builders have that blows into agricultural fields and gets into hay and things like that does not happen. I think that our Meridian City Council July 19, 1994 Page 71 staff right now is currently dealing with a development that has not put their fencing as quickly as possible and I suspect that the Council's direction if it is not quickly remedied will be to stop building permits, stop anything that goes on in that subdivision until that is remedied. So, I think that you will find that we are trying to be extremely sensitive to existing uses for as long as those folks wish to have those uses around. That both the development folk and the realtors end ultimately the buyers of the property are aware of what rights are being retained by the existing ordinance of surrounding properties. Alleman: I would compliment you on that. What type of fencing are we talking about when we talk about fencing, is there any provision for that? Tolsma: (Inaudible) Morrow: I have seen everything from 6 foot chain link with divider bars, to 6 foot cedar fencing. Alleman: So, it is just a matter of stringing a barbed wire fence and saying this Morrow: No, the fence is designed to be blocking fences that do keep trash and force quite candidly a lot of my peers are real trashy folk. And the concept is that we stop doing that, we are not the best of citizens as builders. Most builders and most people that work for builders do not recognize that pieces of siding and trash that get in a hay stack can kill a $1000 in the space of a couple of hours. And so 1 think that this Council and Mayor have determined that they will recognize that as an issue and deal with it very quickly. Generally speaking the fences that we are approving are fences that do not allow for sight through nor pass through debris. Alleman: And I might say pedestrians Morrow: As best we can. Alleman: I guess the other question is can they change the road access and the sewer without my knowing it once it has been approved or the way they have it drawn? Tolsma: If it was on the final plat it can't be changed. Crookston: Not without a request to amend the final plat. Alleman: Would I know about that though? I didn't know about when they changed the other portions of this subdivision. I never knew they changed it, I compliment them it was an advantage, it wasn't the way it was previously. What is to say they might do something Meridian City Council July 19, 1994 Page 72 that wasn't an improvement and I would never know about and yet it would affect. Crookston: If there is a substantial amendment to the plat there were would have to be anew notice, but whether or not, that is kind of a subjective call as to what is substantial amendment. Alleman: The thing of it is where the sewer and roadway is as of now is as of I think it should as best it can be, but if they changed it it would not be to my advantage. That is why I don't know how to address the problem, if they come along and want to change it I don't think they will but now is the time to bring the question up. Crookston: We don't really have anything that addresses your specific question. Alleman: So they can change it and I would never know. Crookston: Well, it depends on what kind of change it is. It may be something that you would not be notified of and it may be something that you would be . Alleman: Can we make a specific that the street and sewer won't be changed without my notification? Crookston: That is not up to me. Alleman: That would be my concern that they couldn't. Tolsma: Where do we go on this, if we approve the final plat, it is a preliminary plat . (inaudible). So if this plat changes somewhere between now and the final plat what would be a significant change so that (inaudible). Corrie: That is the subjective part. I guess we could ask you to do it I suppose. Morrow: I think we handle that by making that a condition of approval because it is an annexation request. I think on the rebuttal that Mr. Merkle will address that issue. (End of Tape) Tammy DeWeerd, 2090 West Chateau, was sworn by the City Attorney. DeWeerd: I reluctantly come up again before you but I know if I wake up in the morning and haven't done it I would be really angry with myself. I apologize for extending your lack of sleep. We decided to take you up on this additional rebuttal on another public hearing Meridian City Council July 19, 1994 Page 73 and so here I stand. I want to relay our frustration with the public hearing process, we went to planning and zoning they said they can only deny ~on technical merits, we went to ACHD and they say they only are a small part of the application and can't deny a development. The school district sends a letter that doesn't have any impact so they all point to you our elected ofFicials. What is the point of a public hearing where the residents bring their concems and want them considered.. Then the discussion is dosed and it is a done deal anyway, it is no wonder the residents that we tried to get to come tonight didn't come. They must have known what we found out tonight. Why can't preliminary plats be delayed so that what is brought before the Council at a public hearing is allowed to be looked into. All of the concems that are brought forth, why aren't ail residents and affected subdivisions or schools or affected schools required to be notfied of new development that will affect their quality of life. Poor Councilman Morrow, he has not seen a member of the School District attend a Council meeting, have you been to a School Board meeting? Is it possibly that the scthOOl district doesn't come here because they already know that it doesn't make a difference. Will it make a difference, if it will we will take upon us personally to continue to put pressure on these people to make it to these meetings. As per the Comprehensive Plan it is stated that continued cooperation between the City and school district is there to ensure quality education. Obviously the School District doesn't see it necessary to send personal representatives to these meetings because it doesn't make a difference. is it out of line to ask you our elected representatives to contact the school district and initiate the cooperation needed to address these immediate concems. And not those of just selected sites, we want buildings on those sites. We need to stop pointing fingers back and forth so I ask you to be the heros and initiate a public meeting with the Council and the school offidals to answer questions of growth to the public that puts you all in office. A town meeting addressing the issue of growth and education of youngsters. We would be more than happy to help with this effort. Before this public meeting is closed these are the questions we would like answered and want the opportunity to address the answers and your comments if needed. Will it honestly make a difference having a school board person here attending these meeting? If it doesn't why don't you approach them and say the citizens of Meridian need answers to these concerns. Are you open to a town hall meeting? Cowie: Yes we are open this is a town hall meeting right now. DeWeerd: A town hall meeting with the City Council and the school board to address the concerns of all this growth and what we are going to do with our kids. Come: You are addressing 2 separate entities here, you are addressing the school board and the City Council. School Board covers the schools, the City Council covers the City. We can't make decisions for the school board you have to go to the school board with your problems about schools being over crowded and what have you. We can't do that Meridian City Council July 19, 1994 Page 74 decision for the school board. One of us can go there ar~d -meet with the school board but it doesn't make any difference they make their decisions of the schools and we make decisions for the City. So consequently we have 2 different town meetings our whatever you want to call it. We can't make decisions for the school system that is where you should go and make you (inaudible) or however you want to say it onto them on how you feel and then let them make their decision on what they are going to do with the schools, we can't. Now you made your decision about telling us about neighbofioods on what you want to see and what you don't want to see then we make that decision based upon findings of fact and conclusions of law. But we don't have anything to do with the schools. I have a feeling the way you are looking me either it is late or you are not hearing what I am saying or understand what I am saying. We cannot make the deasions for the schools at this Council level. DeWeerd: You put the residents in the City with the new developments and they have to find schools for them. Corrie: It is part of a free society they can go where they want to. DeWeerd: That is true but don't w+e work in cooperation and can't we cooperate to address these concerns. Corrie: Yes we do DeWeerd: We have 600 new students going into a school that is already at that size Corrie: I understand that and I am sure that everybody in this room understands but we have no control over the schools. We can't tell you to go build a school there we have no control on telling people you cannot come into Meridian. DeWeerd: You have the authority to delay passing of a new subdivision while you go out and you find out some of these fads by working with the school district. Corrie: We are going in circles here. Tolsma: We can't delay anything over a legal amount of time. DeWeerd: All I am doing is challenging to address these concems in the public forum you and the school district sitting here together addressing to the citizens of Meridian these concems of growth and how they wip be dealt with. Tolsma: The Meridian school district sends us a form letter. Meridian City Council July 19, 1994 Page 75 DeWeerd: And they sent us the same form letter on Turtle Creek and you refer to on the Trailer park thing they said the same thing if you' look at those things. Tolsma: No, they turned down the trailer park but the other one they said they are not opposed to growth. DeWeerd: They are not opposed to growth but Tolsma: But, how is a contradictory statement like that, we are not opposed to growth except we don't want to have anymore of it. DeWeerd: But if they were here it wouldn't make a difference. Tolsma: They are never here, the only time they show up (inaudible) DeWeerd: Would it make a difference if they were here? Tolsma: It probably would Yerrington: I wonder what the percentage of students in the Meridian School District No. 2 lives inside the City of Meridian? You have part of Boise is this district, you have all the County, you have Eagle and Star and (inaudible). I bet you when you get right down to it that we don't probably have roughly a 1/3 of the students in School District No. 2 from Meridian. DeWeerd:- I agree, but we were addressing only those that impact Linder Elementary. Yerrington: That is true, but is compacting that, but us meeting with them, unless everybody meets, Boise would have to meet because part of that district is Boise, Eagle and Star if we met and all did the same thing yes it would probably make a difference. But just ourselves meeting with them well probably not. DeWeerd: Food for thought. Morrow: Gary and Shari do you have any comments, both of you had comments with respect to this proposed project and your letters are dated May 24 and May 26 respectively. Mr. Merkle has indicated that he doesn't have his normal line by line response to your questions or comments is there anything we need to address specifically. Have you met with Mr. Merkle Gary for example and covered your twelve items? Gary Smith, 33 East Idaho, was sworn by the City Attorney .Meridian City Council July 19, 1994 Page 76 Smith: Mr. President, Councilman Morrow, t have not met with Mr. Merkle to discuss these items. I did receive a copy of a letter that an adjacent property owner wrote to Ada County Highway District concerned with the large pit that has been dug that is adjacent to his property that is apparently going to serve as a drainage bed for the number 1 subdivision which has not been, no construction has taken place on number 1 subdivision with exception of the street being excavated. And t wonder why this subdivision is even before us for the Council approval. No. 1 subd'Mision has not gone anywhere other than the excavation and this letter that Bud Brinegawrote stated that he is really concerned about the size of this hole and the water that standing in it. And he is requesting that ACRD to advise him of what can be done to correcx this matter. And actually it is not right of way it is just a hole in the ground it is just a preliminary plat. My review on this No. 2 subdivision was done May 24th and that is Z months ago and nothing has happened on No. 1. I guess those are my only comments. Morrow: I am a little slow will you take rrie through with respect to subdivision No. 1 is it entirely different subdivision than this is that correct. Smith: It is the adjacent subdivision correc#, but this subdivision has access through No. 1, until No. 1 is improved this subdivision has no access. The Highway District has said in their comments that they will not sign anon the plat on No. 2 until No. 1 is an improved public access connecting that subdivisiart providing access to it. Morrow: So, the 2 cannot be developed at the same time? Smith: I suspect that the 2 can be developed at the same time. Morrow. Is your concern that No. 1 gets done and approved and signed off before No. 2 is started or that everybody be aware that nothing can go on No. 2 until No. 1 has been completed or jointly completed at the same time. Smith: The second part of your commer~yes. It would have to be done in sequence or together, but nothing can happen to No. 2 until No. 1 is working. Morrow: Has apre-construction conference been held for No. 1 Smith: No Morrow: Why are. roads being cut, is that normal? Smith: Sometimes road are cut ahead of time:. I don't think pre-construction has been held on it, I don't know. Like I said 2 months ago we reviewed the plans on NO.2 I don't know Meridian City Council July 19, 1994 Page 77 where No. 1 is other than it is back in the fog someplace. Tolsma: Any questions? Smith: One other thing Councilman Morrow, I would like to get an answer from the developer on this pit that they have written the Highway District~about. Shari Stiles. 33 East Idaho, was swum by the City Attorney. Morrow: Your comments start out with request. for annexation and zoning for R-4 for 28 lots on 9.71 acres generally complies with the Comprehensive Plan and minimum requirements of the Planning and Zoning Development Ordinance. Apparently, this was written the 26th of May, apparently there has been a change from we are talking in terms of R-8 now. Stiles: Councilman Morrow and Council, that may have been a .typo, but f believe it has always been proposed as R-8. Morrow: The Blodc 1 is over 1000 feet long a variance is required, does the redesign take care of that situation? Stiles: Yes I believe that is okay, the block probably still is over a 1000 feet long but there is nothing they are going to be able to do about it. With the south aces property already approved. Morrow: Ultimately it solves the problem when the adjacent properties develop and the stub streets pass on through is that correct? Stiles: Correct. Morrow: You had a note in terms of the direct access to Locust Grove is prohibited, Block 4 has that been resolved by the Highway District's letter of consent. Stiles: Did they allow that? Morrow: Yes Stiles: I was confused because it said the building was to be removed and they were still proposing access from that lot and I didn't know why. Morrow: It sounds to me like one of the things to do here, do you have any other Meridian City Council July 19, 1994 Page 78 outstanding points that you wish to make in terms of your comments with this. You had 12 of them total. Stiles: I guess it would be just getting the license agreement from Nampa Meridian, we are going to look into bonding the bike path along there. He does show the landscape strip. There is not a minimum house size on here yet and I believe he indicated tonight 1400 would be fine. And other than the fact that there is no school and park site in the area. Morrow: I have no other questions for Shari. Tolsma: Anybody else wish to offer testimgny on this issue? Merkle: Back up to Vem Alleman's comment about the street and sewer alignment that is is proposed, we can just make a condition that what we may approve tonight is what we are going to go with at final plat and if anyltung changes from this .substantially we will put the burden on us to contact Vem and get that resolved. Regarding Shari's comment on the lot access, as I stated earlier there is an existing house with a bunch of trees around it and the Slough comes up like this. So with our street the way it is now not us and the Highway District comparing and not connecting this street through here this basically has to loop up into the property and provide a long driveway over the slough just to do this lot seems impractical to me just when we have access on this lot existing out to the street now. And that is what we proposed and the Highway District is allowing that. So, the reason it is existing now, we are removing the house we are not leaving it there, it will be a for sale lot but we do not want to provide another 30 to 40 feet of a 6 foot pipe just for a long driveway coming down to this lot. It may provide access problems for emergency or whatever. But it is existing access nvNr and we want to continue it. Corrie: Who owns the property north of you, there where you have that stub street out? Merkle: I am not sure of the ownership, but I believe it is a 20 acre piece that goes out to Ustick. Alleman's property is over here. Corrie: What do you intend to do, all of those at one time? Merkle: No. 1 the plans are approved, the construction plans are approved, I believe DEQ has approved the sewer and water. Kevin is working across the street in Pheasant Pointe and is working from west to east along with. the trunk sewer. He does not intend on doing this concurrently with 1. He will do 1 and then he will do 2. Regarding the roads cut in phase 1 along with the pit. Back up about a year, 6 months to a year, when we did Cougar Creek and Howell Tract on the other side of the street, we realigned the South Slough to Meridian City Council July 19, 1994 Page 79 provide Nampa Meridian access and the Guy's greenbelt, it was about 1600 feet from here down to the west. When you get further down to the west the realignment basically created a fill situation, in other words we had to get material to move the channel to the south to go between the 2 pieces of property. There wasn't enough material on these sites to fill that so as Kevin had ownership of this property over here some of this street was cut out to about this location and then the future drainage. pit for the phase was excavated out to generate material to realign the Slough down further to the west. And it is his plan that when he comes through here to do his subdivision that will.be graded to be the permanent swail. Right now Gary is right it is a hole in the ground but eventually it will be the permanent drainage pond for phase 1. Morrow: How deep is the hole? Merkle: Probably 5 feet. Morrow: Is there water in it? Merkle: When there is a little bit of water it percolates out. And that solves us from having to go out there an do any more drainage test pits because now we know. t believe that was alf that I had written down, are there any other questions? Corrie: (Inaudible) did that give you your answer on the pit Gary? Smith: The letter says there are 3 to 4 feet of water standing in the pit and mosquitos breeding. Merkle: I am not sure that is the case, when l have been out there it percolates out. When the adjacent place irrigates to the south water runs down to Locust Grove and fills it up but it percolates out. Tolsma: No more questions? Anyone else from the public wish to testify on this project? If not I will close the public hearing. Council members what is your decision? Morrow: I guess my first question would be is that has this changed the findings of fact and conclusions? Crookston: No Morrow: I think there are several things we want to do, the 1400 instead of 1350 and make sure in terms of the; and make sure of the sequence in terms of the agricultural fencing has that been covered? Meridian City Council July 19, 1994 Page 80 Crookston: No it hasn't been covered in the findings. It could be covered in the ordinance.. Corrie: 1 can be covered in the ordinance and. also changes from the preliminary to the final can be the same way in the ordinance. Like he requested that if there was any change he would have to be notified. Crookston: It could. Morrow: I would move that we adopt the findings of fact and conclusions of law as approved by the P & Z with the substitution of 1400 square feet as the minimum. Tolsma: I notice in the findings here they require a 6 foot cedar fence on the east side of this property. I just wonder if that would be compatible with (inaudible). Do you have animals on your side Vem? Alleman: (Inaudible) Tolsma: The findings of fact propose a 6 foot high cedar fence on the east side property line. Alleman: (Inaudible) Tolsma: There is also a berm over there, 25 foot landscape buffer and a 6 foot solid cedar fence. Yerrington: 1 will second the motion Morrow: So to refresh my memory the motion is that we are adopting the findings of fact and conclusions of law as written for. the P & Z with the change of 1400 square feet instead of 1350. Tolsma: Moved by Walt, second by Max to approve the findings of fact and conclusions of law presented by P & Z with exception of a 1400 square foot minimum house, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Come -Yea MOTION CARRIED: All Yea Merkle: Can I make one point please, it is late and I missed something, you said something about a 25 foot landscape. Meridian City Council July 19, 1994 Page 81 Tolsma: That was in the findings. Merkle: At the east end of the property with a 6 foot fence? Cowie: What page was that on? Tolsma: Page 3 oh I am on the wrong stuff here. Morrow: I would move that we approve the decision and recommendation of the findings of fact and conclusions of law. Cowie: Second Tolsma: Moved by Walt second by Bob to approve the decision of the findings from P & Z, all those in favor? Opposed? MOTION CARRIED: All Yea Yerrington: I make a motion we have an ordinance drawn. Morrow: Would that motion include the requirement fora 6 foot screening fence to be constructed prior to any construction of residences. Yerrington: Yes Morrow: I think to be consistent with our other ones we have required that and we have also required that the covenants and restrictions notice the buyers that there is agricultural use. Second Tolsma: Moved by Max, second by Walt to have the Attorney draw up an ordinance with the conditions stated by Max and Walt that there be a 6 foot fence on the east side of the property line constructed before any other construction on the property. Yerrington: Just a question on that, their agricultural endeavors not only on the east but evidentially on the north. Now if you are going to fence the east why would you not fence the north? Con'ie: Until such time as it is proven not agricultural. You can make the motion. Morrow: Do you wish to incorporate that into your motion? Meridian City Council July 19, 1994 Page 82 Yerrington: Yes Morrow: I withdraw the second Yerrington: I withdraw the first and incorporate it into the original motion. Tolsma: So, now we have a fence on the north side and the east side with agricultural properties on the north and east side being protected. All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #22: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR FAWCETTS MEADOWS N0.2 BY RONALD HENRY: Tolsma: Is there a representative here?~ Ronald Henry, 6301 Charleston Place, Boise, was sworn by the City Attorney. Henry: Just to be real brief so we can go home, this is an extension to Fawcett's Meadows No. 1. It is a 5 acre parcel to the south that is going to be added to the subdivision. There are 10 lots in this proposed subdivision. In just reviewing some of Gary Smith's comments item #3, the pressurized irrigation is going to be provided. We are going to take the water out of the existing ditches and pipe it to Ten Mile Creek. Then down the creek we are going to have a pump station that lift the water out and into the pressurized irrigation system. The existing ditches across the property will be abandoned. Item #8, we will have to submit a variance for that for those 2 lots. Sewer service will be extended across Lot 9 to Lot 10. And the answer to all those questions in item #10 is yes. Shari Stiles's letter, item #4 that is a common area lot so that will be maintained by the association. And we will renumber the plat because 15 was left out for some reason. And everything else I agree with and will take care of. Tolsma: Have you responded in writing to those? Henry: No Tolsma: Have you had any conversation with Gary and Shari about this? Henry: Not specifically about some of these. We have talked about the pressurized irrigation system. Tolsma: Any comments of the Council? Meridian Planning & Zoning May 31, 1994 Page 36 Rountree: Any other questions? Thanks Jim, anyone else wish to testify? Seeing none I will close the public hearing. Discussion, comments, recommendations. Nobody wants to make a motion. Shearer:. I move we have the Attomey prepare frndings of fact and conclusions of law for this project. Hepper: Second Rountree: It has been moved and seconded that we have findings of facts and conclusions prepared, alt those in favor? Opposed? MOTION CARRIED: All yea ITEM #6: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR CHAMBERLAIN ESTATES NO. 2, 28 LOTS BY HOWELL CONSTRUCTION AND RUBBLE ENGINEERING: Rountree: I will now open the public hearing, someone from the applicant. (End of Tape) Jim Merkle, 9550 Bethel Court, was swum by the City Attomey. Merkle: I am here this evening on behalf of Kevin Howell the applicant. Again I have the Highway District's comments for your packet which shows a little map on it for the vicinity of the project. The second or third to last page kind of shows a vicinity map for you to look at. This application is located about a 1000 feet south of Ustidc Road on the east side of Locust Grove. This is just directly north of the Chamberlain Estates subdivision which is an approved subdivision just beginning construc~iort. This application is for annexation R- 8 zoning on 9.7 acres with 28 lot preliminary plat, this provides a density of 2.9 lots per acre. Which is well under the R-8 zoning, the reason for the R-8 request is the lot width requirement, your R-4 zoning requires 80 and we have some deep lots here and we want to keep the widths down to 70 or below and still nave the lot square footage of an R-4 and the density of an R-4 but have an R-8 zoning to provide us with some relief on the width of the lots. The applicant is proposing home sizes with a minimum of 1300 square feet which is similar to what was approved on Chamberlain Estates. Access to the subdivision will be from .a future street, which is not constnxted yet in Chamberlain Estates at the southeast comer. Also, 2 stub streets are proposed, one to the north, one to the east. Also the culdesac at the west end will have right of way that touches the adjacent right of way so that in the event that the property to the north develops they can take that road up Meridran Planning & Zoning May 31, 1994 Page 37 and out vuherever they see fit I vwuld like to point out the entrance to Pheasant Pointe or Howell Tract is right here. In talking to the Highway District they did not want a direct connection like this to provic~ basically a residential street to act as a collector in the long run. We have the situation where we have a (inaudible) by a 1/4 mile and he thought that this ptec~ could just loop back up and armed and access out onto Ustick Road. So there will be a piece of right of way touching there so they can take this road off whichever direction they want to into that particular street right there. Again we met with the Highway district at the technical review on May 20th and they recommended approval as proposed. The streets within this subdivision will be built to the Highway Districts standards, 50 foot of right of way, 36 foot streets and 5 foot sidewalks as required by Meridian. Sewer for the project will be provided by the extension of the 18 inch south slough trunk which is now located at the street entrance on Locust Grove to Pheasant Pointe. That will be run through a sewer access caorrrrnon lot which is in Green and right onto the east. This trunk sewer will eventually serve the City's impact area all the way to a 1/4 mile west of Cloverdale road. Water for the subdivision will be extended from the lines Chamberlain Estates 1 once those are installed. The applicant doesn't anticipate developing this particx~lar piece until after Chamberlain which is to the south of him is completely developed, that would be one to 2 years. So this is something that is down the road. The existir~ south slough or Find Lateral whichever you want to call it traverses this property in the vicinity of the dashed line. It comes into the property at the north and kind of traverses through and back uP onto the culvert of Locust Grove. YVe are oronosina the realion this ditch as was done between Hornrell Tract and Cougar Creek and that is represented by the solid tines The realignment will provide obviously room for the water to traverse but also for Nampa Metid~an~c ~~_ rid on the north side, they do not have any caress road right there raw. They just drive through the pasture to get to it. Th_ e~ will bean aaess road on a Wort side and then room for the future ci athwa on the rsoltta. As I said the new alignment which is not too much differen as it is shown in the solid. Pressurized irrigation far the subdnrision will be provided to these lots and tied into the syst~rt that will be provided in Chamberlain Estates. This is the same developer that did Chamberlain and he kind of went bads and rethought his conclusion on pressurized irrigation and is going to provide for Chamberlain as well as Chamberlain 2, this proposal. 1 would ice to address the City Engineer's comments on this proposal. min I would I` to~both am and Rhai'g ~~fj~ tflat t WIII be providing a written lie+ rf rAcnnncog to eachthese items to theirs+sfaction before we go to Counal. I think it is a good idea to e~irr~nate some miscommunication. Particularly I would like to talk about his comments about Lot 4 -Block 1, that was item 11, what happens the mature trees on Lot 4 -Block 1, can ttey be saved as exis~ng residents on this lot to be removed. Again we have a situation where there is an existing residence south and west of the existing ditch of the proposed ditch and isolated firom the rest of the subdivision. The applicant is proposing the derralish, remove the house, save as many trees as he can but still allow this lot to have access to Locust Grove. The remainder of the subdivision will have interior Meridian Planning & Zoning May 31, 1994 Page 38 circulation. Because of the alignment of the ditch, slough it is not practical for. his to put a driveway across (inaudible). We have discussed this situation with the Highway District and since there is an existing residence there even though t is going to be removed they will still (inaudible) and allow this to have access to Locust Grove. His comment #12, regar~ng status of the culvert under Locust Grove, there are no requirements to provide good or bad there are no requirements at this time by the Highway District to provide vwdering for Locust Grove, it is on their 5 year plan for improvements. Which I think it was spoken about earlier possibly 1996 or 19971 don't know when they are going to improve if But the requirements up and down Locust Grove right now are just to deed the right of way 45 foot, trust fiord for the sidewalks but not to improve or widen curb, gutter, sidewalk or streets. So, in my opmron a cu vert will stay as it is until the Highway District comes through and does the project probably from Fairview all the way up to north of Ustidc. Regarding Shari Stiles comments, again ovide her with a list addre ' of th items articular) thou h items 1 and 2 comp y w7 am we have this 1000 foot long issue that is in your ordinance for Block ten .The block length on e south, the proposal to the south of us between our proposal and it, we are in excess of 1000 foot she is right. But there is no stub street provided for down here and by your definition of a bfodc length we are going th have a longer than a (inaudible). So we wills requestin~a variance for that issue. Item 3 talks about Lot 4 -Block 1, which is that little lot at the southwest comer W ane proposing to access Locust Grove with that lot, again due to its proximity with the south slough and the driveway over the 5 foot culvert for a driveway and the Highway District does not have a problem with us just accessing Loc~~ G~e• ~ alks about a se crate lot for the City's pathway plan. It is not shown that way, we have shown t ~s exactly-like we showed Cougar Creek and Howell Tract but that is probably better idea of what she has come up with to provide a separate lots for homeowners to maintain. d the a licant is willing to modify that and include that in one common lot from here up to there for maintenance respon i t i yes. gam, think it was spoken earlier in the Bedford Place application about the City and Nampa Meridian coming to a meeting of the minds on what is going to be required on these pathway plans, tam not going to say tonight what will be done and what won't be done other than we will work with Shari and Nampa Meridian District to come up with a solution. ui that will be in a common lot as she ttas requested, Also on Locust Grove there will be a z0 foot landscape erm and fence to go along with what is proposed for Chamberlain and what is going across the street in Howell Tract. They have already built their berm and this will be comparable to that, exoapt for where that driveway a~ce_ ss is out to Locust Grove. I believe that addresses their comments, at this time, and I would like to answer any questions if I could. Hepper: I have a question, you originally stated that the lot size and the building size would be the same as an R-4, you mentioned you wanted the building size to be 1300 . square feet. Meridian Planning & Zoning May 31, 1994 Page 39 Merkte: No, if I said that I mispoke, what I meant Commissioner Hepper is the density and _square footage of the kits would probably meet the R-4, we are asking for R-8 because of . house size wt a same as what Chamberlain was approved at which was 1300 square foot minimum. We are not proposing to meet all the R-4 requirements, i~ras lust statin4 for informational ournoses that wie are meetin4 ensi~ and lot square footage of R-4 but we are asking for R-8 zoning. Hepper. Are you sure Chamberlain was approved at 1300? Merkle: Yes I am, in fact if staff could look it up in the minutes and see what is says, I think it says 1300 if it says 1350 that is what we will go with. Hepper: ff it said 1300 it is one that slipped by us. I know that has been out intention to keep everything at 1350 out there. Merkle: If the City wants to go 1350 here I don't think the applicant will have a problem with that. Hepper: I think those are our intentions, at least my intentions. Alidjani: Wayne is is possible to look that up? Crookston: Tonight? Alidjani: Is it possible to look that up 1300 or 1350? Crookston: Yes, tonight? Alidjani: No Merkle: I vwutd propose that whatever is there vue would request here. Rountree: Any other questions? Thanks ,fim, anybody wish to testify on this issue? Vern Almond, 2101 East Ustick, was sworn by the City Attorney. Almond: I guess t have some questions, I adjoin this; property to the east and the question that I might have is there a possibility. down the road I have looked over the proposal for the location of the sewer with the road access going to the east out of that subdivision. Is there a possibility down the road that this might change, this location and this road. I think they have done some of this in the past to some property adjoining me and I am just Meridian Planning & Zoning May 31, 1994 Page 40 wondering if that is possible for something tike that to happen. Shearer. You mean to not put that stub street in? Almond: Well, to change the location or change the location of the sewer or whatever. Because 1 think before they had some streets that they changed coming into my property that they did change and I never knew anything about it. And it does affect. Shearer: You are to the east and not to the north of this. Are you to the north too? Almond: tam north of the other previous Chamberlain. I am east of east of Chamberlain No. 2. There were some changes on the roadways in Chamberlain 1 which I knew nothing about until is was alt over with. Fortunate to me I think they are all right, but I wonder if that can happen again. Shearer: It is not too likely looking at this piece of property. Rountree: At this point we receive the comments from Ada County Highway District so I think it is unlikely but it would be something you would want to look at at the City Council stage when they look at the preliminary plat as well to make sure there hasn't been a change. You should be noticed when that happens. Almond: Okay, 1 don't know and I guess i should have known, presently my irrigation water and if I understood it correctly at that time, .my irrigation water if it drains, I am talking about not being used and it has to go somewhere. Presently it goes over to Chamberlain No.1 and is there until it gets down to Fincth Lateral. And I was under the impression that was the same way it would be, if I am, i would like to know if I am wrong on that. Also that same irrigation also comes from additional property to my east and south. Okay another thing I am wondering about is whether there is a proposal for fencing. I am back on this fencing deal because being a farmer I have a problem. I don't know whether there is any provision. But anyway presently next to this property right now, north of this property there is a buU out in that pasture and I don't think anybody in the subdivision would want their children getting out with the bull in the pasture. I think there needs to be some fences also, far the the (inaudible) he has some cativs and I have some cows and presently the children are over there and the mother c~ are going to protect the calves and I don't think these subdivision people understand the danger that can develop from not having fences to keep their children away from those. A day or so ago I was up along the' canal which feeds my imgation ditch and here are 2 littler kids up there and they .found some ducks in that canal. And they were in there trying to rescue them, they weren't in the canal, but they were there along that canal to rescue those little ducks. You know that is dangerous and they were way away from wtaere there were any people that knew about Meridian Planning 8~ Zoning May 31, 1994 Page 41 them. They came from the subdivision to the west quite a distance. I would like also, that Finch Lateral whenever there is a rain storm, it flows real heavily. and I am concerned that if theme isn't some fencing done along there` there are going to be some kids and what not in danger. I would like to see, I farm other places along subdivisions and I have found when there were put in faces I get alor~ pretty well, but without them I have a lot of problems. Thank you if you have any questions 1 would be happy to answer them. Rountree: Any questions for Mr. Almond? Thank you, anyone else wish to testify? Mr. Markle if you would address some of the questions. Markle: to my knowledge the streets arul sewer alignment are not going to change from the proposal at the east end of the subdivision.. I met with Mr. Almond a week or 2 ago and shared some information about the tn,u~c line and approximately about where it might be going through his property. The irrigation water that he was speaking of is this field right here that he owns. Here is Chamberaain 2 here is Chamberlain 1 the water comes down here and corrugates to the north. When he doesn't use it, it runs along here and gets (inaudible). That will accommodated #or in Chamberlain 1 and (inaudible). I believe the applicant proposes to fence the bads of the lots adjacent to the drain, that is what he has done in Howell Tract. There is a fence on the north side of the access road at the back of the lots. And since he owns the lots on both sides I wouldn't propose that he would probably be fencing the back of the lots on both sides of the drain. Regarding his comments about safety near the drain, teat is something the City is going to have to grapple with as far as safety and liability issues if they propose greenbelts along irrigation laterals. And that would be all unless you have other questions. Rountree: Anyone? Heppe`. Did you mentioned fencing alor~ the property to the north? Markle: No, I did not. Heppe`. Would that be possible to put in tte restrictive covenants? Markle: That each lot owner will be required, I think that is something we could work with. Rapper: Within a certain time frame, like !lair landscaping time frame within 30, 60, 90 days that they be required to put in a 6 foot cedar fence or something like that. Markle: Okay, I think that would be acceptable to Kevin. Heppe: I think most of the property owners would be doing that anyways. But if you made Meridian Planning & Zoning May 31, 1994 Page 42 it a restrictive covenant then you wouldn't have one or 2 that tried not to. Merkle: And then possibly we could have them a!I pretty close to the same type. I know in the subdivision south of Chamberlain there are many different types of fences as there are houses. Heppe: I don't think Mr. Almond is concerned about the type as he is about the fence. Rountree: Any other questions? Hepper. How about putting a fence on the street stub to the north there, that would be the developers responsibility. Mende: Yes, and as 1 stated earlier with the approval of the Highway District it will be their right of way to the property line, as long as they can. I know they put barricades but they don't put fences up. Hepper: 1 think otherwise you are going to have kids walking right up the fence there. Merkle: And that is a typical issue with subdivision that are platted adjacent to existing agricultural. Hepper I think that would be the developers responsibility on that and to the east that could be a temporary type fence, something that could be taken down quite easily later on. But something to keep the kids out of there. Merkle: Again, in conclusion I would like to state that the key issues are providing the common krt for the ditch and the 20 foot landscape on the frontage. I will modify that and give it to Shari and let the process continue. Thank you. Rountree: Anyone else wish to testify? Don Brian, Locust Grove, was swum by the City Attorney. Brian: (Inaudible) we need to check our Comprehensive Plan because I think it specifically states that new developments where it joins agricultural land is required to be fenced. It either has to be landscaped berm or fenced in some substantial blocking. I think it is all cut and dry in the new comp plan. That is all I have to say. Rountree: Anyone else wish to testify? Seeing none I will close the public hearing. For the reoond we did find the findings of fact on the Chamberlain 1 it did specifically say house Meridian Planning ~ Zoning May 31,1994 Page 43 size shall not be less than 1301 square feet. Shearer: I move we have the attorney prepare findings of facts and conclusions of law on this project. Alidjan"r. Second Rountree: Ifis been moved and seconded that we have findings of fact prepared for this proposal, all those in favor? Opposed? MOTION CARRIED: All Yea Rountree: Any other comments, discussion from anyone? I have one thing that I would like to direct iD Gary, with respect to your comment about what City Council said about having all the i's" dotted and "t's" crossed for subdivision plats, when these things come back to us in the form of findings of fact that is usually the point that w+e act on the preliminary plats. Is there some vehicle yrw can let us know that all the concerns have been taken care of, or have not been taken care of and what the specifics are so we can act on those as well? Smith: Yea 1 can. Alidjani: Maybe we can table it. Rountree: Yes, vue can table it or deny it ar whatever Smith: 1 think what Mr. Merkle is proposing ~ionight and some others have done in the past is ~ ~Y PhYs~ally address our comments, Shari's and my comments and anyone else that makes comment or questions or whatever ~ might be that they address that in a written format and then it is of record So, everyone knows where each one of us stands on these items. And when we review the findings and there are still unanswered things then they can be brought up at that time. I think the (inaudible) for the engineers, developers and surveyors to get back to Shari and I and get these things answered right away. And that ~Y when you ask me a question or Wayne Crookston asks me a question or the City Council asks a question we have an answer for them. Hepper: I have a question Gary, what do we have for means of enforcement when the developers say they will do something and they get your approval and go out.and don't do it? Smith: i think that the developers agreement is being developed right now and if these Meridran Planning & Zoning May 31, 1994.. Page 44 agreements are going to be commonplace for all developments then there is a specific form of agreement. If the condition, Wayne and I met today and we were talking about these agreements and I think that it would be appropriate for the building department, namely I am trying to get another person on board over there to help on the work load. But that person, one of their responsibilities would be to make sure that these improvements that are required are completed and that they are completed at the very least time wise before any water meters or occupancy permits are issued to a building. And hopefully much sooner than that. At the time we do our final inspection for sewer and water facilities, a final inspection would be done for ail those improvements, such as fences, berms, streets lights, street signs, irrigation piping whatever it might be outside of standard sewer and water and standard street construction. All of those items that will be named in the developers agreement as conditions of approval will have to be done. And if they are not done then the developer will be put on notice and I don't remember the exact language that we had in that rough draft Wayne. They were that the developer was to be notified that they were not completed and that he had a certain length of time to complete or that a not cation of water meter or occupancy permits weren't going to be issued until such time that they were. Or the developer has the opportunity to come before the City Council and voice his concerns about the development. But anyway we will be looking at that because right now the only time we don't know, the only time we know something hasn't been done is when a resident of the subdivision calls in or an adjacent properly owner if it is an irrigation piping or whatever. We get noted outside of anyone here at City Hall and that is not the way it should be done. I think this person t am trying to get ~ board will be put to good use, kind of policing that part of it. Rountree: Thanks Gary, well I need one more motion before I can resign my Chairmanship. Shearer: I move we adjourn. Alidjarrc Second Rountree: Moved and seconded that we adjourn, all those in favor? Opposed? MOTI~1 CARRIED: All Yea MEETING ADJOURNED AT 9:50 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ORDINANCE NO. 663 AN ORDINANCE OF THE .CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS THE NORTH HALF OF THE SOUTH HALF OF GOVERNMENT LOT 4 IN SECTION 5, :T.3N, R.1 E, B.M. ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: The North half of the South half of Government Lot 4 in Section 5, R.3N, R.1 E, B.M. Ada County, Idaho, more particularly described as follows: Commencing at the comer common to Sections 31 and 32, T.4N, R.1 E, and Section 5 and 6, T.3N, R.1 E, B.M., from which the quarter corner common.to said Section 5 and 6 bears South 00°24'35" West, 2603.50 feet; thence south 00°24'35" West 636.40 feet to the Northv~rest corner of the North half of the South half of said Lot 4; thence South 89°38'45" East, 45.00 feet to the REAL POINT OF BEGINNING(initial point) thence continuing South 89°38'45" East, 1282.39 feet to the Northeast corner of the North half of the South half of said Lot- 4;. thence South 00°26'06" West 319.39 feet along the East boundary of said Lot 4 to a point; thence North 89°35'39" West 1327.25 feet to a point on the West boundary of said Section 5; thence North 00°24'35" East, 318.20 feet to a point; thence South 89°38'45" East 45.00 feet to the Point of Beginning. is hereby annexed to the City of Meridian, and is zoned R-8 Residential; that the annexation and zoning is subject to the Conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning. Section 2. That the property shall be subject to de-annexed if the owner shall not r c. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the subdivision of the requirements of 11-9-605 C, G, H 2, K, L of the Revised and Compiled Ordinances of the City of Meridian and other matters. d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements and 11-9-605 M which pertains to the tiling of ditches and waterways. e. That these conditions shall run with the land and bind the applicant, the titled owners and their assigns. The requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. Section 3. That if the Applicant shall fail to meet the above conditions the property shall be subject to de-annexation, which conditions subsequent- shall run with land and also be personal to the owner and applicant. Section 4. That the City Clerk shall cause one (1) copy of the legal description, and map which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor and the State Tax Commission within ten(10) days following the effective date of this Ordinance. Section 5. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 2nd day of August, 1994. APPROVED: MA OR -GRAN . KI G ORD ATTEST: 'rl / _ ' ? .~ l9Jl .F~ n / f SUBDIVISION EVALUATION SHEET Proposed Development Name _CHAMBERLAIN ESTATES SUB NOS 2 ~ City MERIDIAN Date Reviewed 5/12/94 Preliminary Stage XXXXX Final Engineer/Developer Hubble Enar. /Howell Construction The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE. must be recorded in numeric order 0 ~L- Date S /Z ~. The Street name comments listed below are made by the members of the ADA C UN Y STREET NAME COMMITTEE- (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall aapear on the plat as• "E. USTICK ROAD" "N. LOCUST GROVE ROAD" The followin new street names area roved and shall a ear on the lat as: "N. CHANTILLY ~~ N~'~ hPP ~~'~ ~ a.rra "W. CHANTERELLE Riv'E " °W. CNaNi~'R~~e uRT" The street shown on the plat as "COUGAR CREEK DRIVE" is in alignment with an existing street and therefore shall be named: "N. LAUGHRIDGE AVENUE" i ne above street name comments have been read and approved by the following agency representatives of tl~e 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, ~NCY R RE NTATIVES OR DESIGNEES Ada County Engineer John Priester Ada Planning Assoc. Terri Raynor Meridian Fire District Representative NOTE: A copy of this evaluation sheet must time of signing the "final plat", otherwise the plat Street Index Date S /Z \ L2 Date ~ ~-- ~Y' Date ~/~ ~.S' r/~9S to th~ County Engine the of be signed !!!! Sub Index NUMBERING OF LOTS AND BLOCKS 1/DT l~°2d~. i2Efl~~s D,~I wNiCt~ ~~i/,56~s TRISUBSISM CITY.FRM ORDINANCE NO. 663 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS' THE NORTH HALF OF THE SOUTH HALF OF GOVERNMENT LOT 4 IN SECTION 5, T.3N., R.lE., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: The North half of the South half of Government Lot 4 in Section 5, T.3N., R.lE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 31 and 32, T.4N., R.lE., and sections 5 and 6, T.3N., R.lE., B.M., from which the quarter corner common to said Sections 5 and 6 bears South 00°24'35" West, 2603.50 feet; thence South 00°24'35" West, 636.40 feet to the Northwest corner of the North half of the South half of said Lot 4; thence South 89°38'45" East, 45.00 feet to the REAL POINT OF BEGINNING (Initial Point) thence continuing South 89°38'45" East, 1282.39 feet to the Northeast corner of the North half of the South half of said Lot 4; thence South 00°26'06" West, 319.39 feet along the East boundary of said Lot 4 to a point; thence North 89°35'39" West, 1327.25 feet to a point on the West boundary of said Section 5; thence North 00°24'35" East, 318.20 feet to a point; thence South 89°38'45" East, 45.00 feet to the Point of Beginning. is hereby annexed to the City of Meridian, and is zoned R-8 Residential; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of ANNEXATION ORDINANCE - CHAMBERLAIN EST. #2 Page 1 • • Law as adopted by the Meridian Council on the request for annexation and zoning. Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: a. That the Applicant is required to connect to the Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. c. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, R, L of the Revised and Compiled Ordinances of the City of Meridian and other matters. d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and 11-9-605 M. which pertains to the tiling of ditches and waterways. e. That these conditions shall run with the land and bind the applicant, the titled owners, and their assigns. f. The requirements and conditions of the Findings of Fact and Conclusions of Law, and meet the Ordinances of the City of Meridian. Section 3. That if Applicant shall fail to meet the above conditions the property shall be subject to de-annexation, which conditions subsequent shall run with land and also be personal to the owner and Applicant. Section 4 . That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission ANNEXATION ORDINANCE - CHAMBERLAIN EST. #2 Page 2 y within ten (10) days following the effective date of this Ordinance. Section 5. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and. approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this day of August, 1994. APPROVED: MAYOR -- GRANT P. RINGSFORD ATTEST: WILLIAM G. BERG, JR. -- CITY CLERR STATE OF IDAHO,) ss. County of Ada, ) I, WILLIAM BERG, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS THE NORTH HALF OF THE SOUTH HALF OF GOVERNMENT LOT 4 IN SECTION 5, T~.3N., R.lE., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE," passed as Ordinance No. 663, by the City Council and Mayor of the City of Meridian, on the day of August, 1994, as the same appears in my office. DATED this day of , 1994. City Clerk, City of Meridian Ada County, Idaho ANNEXATION ORDINANCE - CHAMBERLAIN EST. #2 Page 3 ~ ~ STATE OF IDAHO,) ss. County of Ada, ) On this nd day of August, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this. certificate first above written. SEAL Notary Public for Idaho Residing at Meridian, Idaho ANNEXATION ORDINANCE/CHAMBERLAIN EST. #2 Page 4 a s • MERIDIAN CITY COUNCIL MEETING: Julv 19.1994 APPLICANT: KEVIN HOWELL AND RUBBLE ENGINEERING AGENDA ITEM NUMBER: 20 REQUEST:__.PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR CHAMBERLAIN ESTATES N0.2 ' AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW 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: SEE ATTACHED COMMENTS 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: OTHER: ~ • r HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live WILLIAM G. BERG. JR., City Clerk S CITY OF MERIDIAN GARY D. SM TH P.EYCity Eng Weer BRUCE D. STUART. Water Works Supt. JOHN T. sHAwcaoFT, waste water s~Dt. 33 EAST IDAHO KENNY W. BOWERS, Fire Chief " MERIDIAN, IDAHO 83642 W.L. "BILL GORDON, Police Chief WAYNE G. CROOKSTON. JR., Attorney Phone (208) 888433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM May 24, 1994 To: Mayor, City Council, Planning & Zoning From: Gary Smith, PE RE: CHAMBERLAIN ES(T ES NO.2 (Annexation, Zoning, Preliminary Plat) COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman ~ Planning 8 Zoninc 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 annexation description needs to be amended to include the adjacent one half of Locust Grove Road. 2. The submittal vicinity map needs to show the surrounding area for one half mile in all directions from the subdivision boundary. 3. The street right of way widths need to be shown and we need street name approval letter from the Ada County Street Name Committee. 4. The existing Finch Lateral shows an existing 80 foot wide easement and relocated lateral shows a 54 foot wide easement. Submit Nampa & Meridian Irrigation District approval for this proposal. 5. What is the proposal for storm drain water disposal? 6. Two street lights will need to be added. 7. Submit proposed restrictive covenants. 8. Establish the highest seasonal groundwater level to aid builders in setting the bottom of their house footings a minimum of one foot above that elevation. 9. Show a benchmark for reference to the contour lines shown. 10. Show a landscape area adjacent to the west side of Lot 2 -Block 1 to continue what will be done across the street and to the south. • C 11. What happens to the mature trees on Lot 4 -Block 1? Can they be saved? Is the existing residence on this lot to be removed? 12. What will be the status of the culvert conveying the Finch Lateral under Locust Grove Road now that property on both sides of Locust Grove Road are developing? • HUB OF TREASURE VALLEY OFFICIALS COUNCIL MEMBERS A Good Place to Live WILLIAM G. BERG, JR., City Clerk RONALD R. TOLSMA I S CITY OF MERIDIAN OBERT D. CORRIE P.E. Clty Engineer GARY D. SM TH 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 s Zoning Administrator W.L. "BILL" GORDON, Pollce Chief JIM JOHNSON WAVNE G. CROOKSTON, JR., Attorney Phone (208) 888-0433 • FAX (208) 887-4813 Chairman • Planning 8 Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD MEMORANDUM Mayor TO: Planning & Zoning Com ssion, Mayor and Council `~~ ~~~ FROM: Shari L. Stiles, Planning & Zoning Administrator DATE: May 26, 1994 SUBJECT: Annexation and Zoning with a Preliminary Plat for Chamberlain Estates No. 2 Subdivision Request for annexation and zoning of R-4 for 28 lots on 9.71 acres generally complies with the Comprehensive Plan and minimum requirements of the Zoning and Development Ordinance. The following exceptions are noted: 1. Block 1 is over 1,000 feet long; a variance is required. 2. Lot 1, Block 1, should also be designated for pedestrian access. 3. Add note that direct lot access to Locust Grove Road is prohibited. Why is Lot 4 proposed as having access to Locust Grove if existing building is being removed? 4. Submit executed license agreement with Nampa-Meridian Irrigation District for relocation of South Slough (Finch Lateral). Area proposed for bike path in the City of Meridian Comprehensive Plan must be provided separately from lots. Submit composite map showing this proposed pathway. . 5. Include names, addresses and telephone numbers of the owner(s) and developer on the plat. 6. Submit proposed covenants for review and approval prior to final plat submittal. 7. Include designer's initials on all plats, both preliminary and final. 8. Submit vicinity map showing relationship of proposed plat to surrounding area (1 /2 mile minimum distance from exterior boundaries, scale optional). 9. Provide 20' landscape easement along Locust Grove Road to be maintained by homeowners association. • • Planning & Zoning Commission, Mayor and Council May 26, 1994 Page Two 10. Elementary school and park school sites are still needed in this area. Students in this subdivision will probably have to be bussed to another school outside existing boundary. 11. Show minimum house size as note on final plat and in covenants. 12. Development agreement is required as a condition of annexation. ~ ~ D BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION KEVIN HOWELL ANNEXATION AND ZONING NE 1/4, Section ~5, T. 3N. R.lE., B.M., Ada County CHAMBERLAIN ESTATES #2 SUBDIVISION MERIDIAN. IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on May 31, 1994, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing through his engineer, 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 May 31, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the May 31, 1994, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That the property included in the application for FINDINGS OF FACT & CONCLUSIONS OF LAW Page -1 • • annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately nine and 8/10 acres in~size; the property is south of Ustick Road and West of Locust Grove Road. 3. That the property is presently zoned by Ada County as (RT) Rural Transition and the proposed use would be for R-8 Residential type development; that the Applicant states in his subdivision application that the subdivision lot size would be a minimum or 6,500 square feet, that the preliminary plat submitted for approval also show that most of the lots are substantially greater than 6,500 square feet; that there would be 28 lots in the. proposed subdivision; that the Applicant in its subdivision application states that the minimum square footage of home would be per the Ordinance, that there would be 2.88 lots per acre. 4. The general area surrounding the property is used agriculturally and residentially; that the residential property is developed in the R-8, Residential fashion, but only with single family dwellings; that most subdivisions in the area, except for Chamberlain Estates No 1, were annexed with the condition that the minimum house size be 1,350 square feet. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant is the owner of record of the property and has submitted the request for this Application for annexation and zoning. 7. That the property included in the annexation and zoning FINDINGS OF FACT & CONCLUSIONS OF LAW Page -2 ~ • application is within the Area of Impact of the City of Meridian. 8. That the entire parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. That the Application requests that the parcel be annexed and zoned R-8 Residential; that the present use of the property is for agriculture and a house; that the intended development of the property is for an R-8 subdivision and the subdivision Application states the density would be approximately 2.88 dwelling units per acre. 10. The Applicant's representative stated that they would install pressurized irrigation both in this subdivision and in Chamberlain Estates No 1; that they would re-align the South Slough; that the house would be removed but that they would try to save as many trees as possible; that there would be a common lot along the South Slough for maintenance; that there would be a 20 foot landscaped berm and fence; that a fence would be placed along the South Slough along the back of the lots; that there would be fencing along lots on the north; and that there would be fencing along stub streets to the north and east subdivisions access will be from Finch Creek to the east. 11. That the subdivisions to the west have not been fencing the South Slough but have been landscaping the Slough. 12. That comments were received from the Meridian City Engineer, City Planning Director, Fire Department, Police Department, Meridian School District, Ada County Street Name FINDINGS OF FACT & CONCLUSIONS OF LAW Page -3 • Committee, Central District Health Department, Nampa & Meridian Irrigation District, and Idaho Power Company, and they are incorporated herein as if set forth~~in full. 13. The Meridian City Engineer, Gary Smith commented, among other things, that the annexation legal description needs to be amended to include the adjacent one half of Locust Grove Road, that restrictive covenants need to be submitted, and that the highest seasonal groundwater level needs to be established to aid builders in setting the bottom of their house footings a minimum of one foot above that elevation; and the Planning Director, Shari Stiles commented that a license agreement with Nampa & Meridian Irrigation District needs to be executed for the relocation of the South Slough; that the area for a proposed bike path must be provided separately from lots; that covenants need to be submitted; that a 20 foot landscaped easement along lgr maintained by a homeowners association needs to be provided; that an elementary school site still needs to be provided in this area; that a development agreement is required as a condition of annexation. 14. The Meridian School District's comment in another annexation request where the. students would be in the Chief Joseph attendance zone was that the subdivision proposed for the land would mean 42 elementary aged children, 32 middle school aged children and 29 senior high aged students; that Chief Joseph Elementary School is at 117 of capacity, Meridian Middle School at 130 of capacity and the Meridian High School at 117$ of capacity; the District went on to state as follows: FINDINGS OF FACT & CONCLUSIONS OF LAW Page -4 i • "Considering these facts, Meridian School District can not recommend approval of this subdivision at this time. If and when you do, it will be a certainty that students from this subdivision will be transferred outside of Chief Joseph Elementary attendance zone. The school district will have to be allowed time to review an alternative solution to the attendance problem."; •• the Meridian School District did submit a comment for this Application and such is incorporated herein as if set forth in full; its comment was that this subdivision will cause increased overcrowding in all three schools; that before they could support this subdivision, land needs to be dedicated to the district or at least made available for a school site in this area; that the site would need water and sewer service available." 15. That two people testified on this Application; Vern Allmen stated that he wants there to be fencing along the South Slough, that he had concerns over irrigation, that he wanted fencing of the perimeter of the subdivision to prevent trash from dispersing, and that he wondered about in the road layout; Don Bryan testified that there should be fences constructed to separate subdivisions and agricultural land. 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 FINDINGS OF FACT & CONCLUSIONS OF LAW Page -5 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 density 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 Municipal 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; that the Applicant's representative stated that the subdivision eventually applied for would comply with the neighborhood. 21. That the Meridian Comprehensive Plan, under Land Use, Residential Policies, 2.1U states as follows: "Support a variety of residential categories (urban, rural, single-family, multi-family, 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 . FINDINGS OF FACT & CONCLUSIONS OF LAW Page -6 • A 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 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 FINDINGS OF FACT & CONCLUSIONS OF LAW Page -7 • 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. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School 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. 29. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a FINDINGS OF FACT & CONCLUSIONS OF LAW Page -8 ' ~ ~ 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. 30. 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." 31. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement." 32. 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;" 33. That Section 11-9-605 K states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi- improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; FINDINGS OF FACT & CONCLUSIONS OF LAW Page -9 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." 34. 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 Desian Manual for Ada County (as prepared by Ada County eighway District) when reviewing bicycle and pedestrian pathway provisions within developments. 35. 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 FINDINGS OF FACT & CONCLUSIONS OF LAW Page -10 • • annexation and zoning application under Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the annexation is contiguous to the. present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant, which is not the titled 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. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, Section 11-9-605 M., which pertains to the tiling of ditches and water ways, and Section 11-9-606 B 14., which pertains to pressurized irrigation; that the Applicant will be required to FINDINGS OF FACT & CONCLUSIONS OF LAW Page -11 connect to Meridian water and sewer; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a~condition of annexation the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, R, L and prior comments of the previous Planning Director, Wayne Forrey, relating to the lack of adequate recreation facilities and that land set aside for a future park would be desirable, that the City is in need of land set- asides for future public service use, that a school site was not. reserved; that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any development fee or transfer fee adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de-annexation and loss of City services, if the requirements of this paragraph are not met. 10. That the Applicant's property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. 11. That the requirements of the Meridian City Engineer, including those he specifically stated in his comments and those stated herein in these Findings and Conclusions, and of the Ada County Highway District, Nampa & Meridian Irrigation District, FINDINGS OF FACT & CONCLUSIONS OF LAW Page -12 Meridian Fire Department, Idaho Power, and the comments of the Meridian Planning Director referenced herein, shall be met and addressed in a development Agreement. 12. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de-annexation; that the Applicant shall be required to install a pressurized irrigation system, and if not so done the property shall be subject to de-annexation. 13. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance. 14. That as a condition of annexation the house size of 1,350 square feet must be met; that this is concluded as a condition of annexation because most of the other subdivisions in this area have that as a condition of annexation and it was only not required of Chamberlain Estates No. 1 due to an oversight. 15. That proper and adequate access to the property is available and will have to be maintained. 16. That these conditions shall run with the land and bind the applicant and its assigns. 17. With compliance of the conditions contained herein, the annexation and zoning of R-8 Residential would be in the best interest of the City of Meridian. 18. That if these conditions of approval are not met the FINDINGS OF FACT & CONCLUSIONS OF LAW Page -13 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 VOTED VOTED COMMISSIONER ROUNTREE .~ COMMISSIONER SHEARER VOTED COMMISSIONER ALIDJANI VOT CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RECOI~II~IENDATION The Meridian Planning and Zoning Commission hereby recommends to the City 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 if the conditions are not met that the property be de-annexed. MOTION: l~ APPROVED Y' DISAPPROVED: FINDINGS OF FACT & CONCLUSIONS OF LAW Page -14 E VALLEY HUB OF TREASUR OFFICIALS A Good Place to Live WILLIAM G. BERG, JR., City Clerk JANICEL.GASS,CityTreasurer CITY OF MERIDIAN GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. sHAwcROFT, waste water supt. 33 EAST IDAHO KENNY W. BOWERS, Fire Chlel IDAHO 83642 MERIDIAN W.L. "BILL" GORDON, Police Chief WAVNE G. CROOKSTON, JR., Attorney , Phone (208) 888-0433 • FAX (208) 887813 Public Works/Building Departmen[ (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman • Planning 8 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 ~ Zoning Commission, may we have your answer by: Mav 24. 1994 _ TRANSMITTAL DATE: 5/3/94 HEARING DATE: 5/31/94 REQUEST: Annexation/zoning with a Preliminary Plat for Chamberlain Estates #2 BY: Howell Construction and Hubble Engineering LOCATION OF PROPERTY OR PROJECT: South of Ustick Road, East of Locust Grove Road JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8t FINAL PLAT) U.S. WEST(PRELIM 8t FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RE LAMATION(PRELIM & FINAL PLAT) CITY FILES ~ ~//\/~ /1TLJCC. _ _ _ ~ _ _ le ~ / ~~ , YOUR CONCISE HUB OF TREASURE VALLEY COUNCIL MEMBERS OFFICIALS L1Ve IO A GOOCI PI$C RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer TT T A 1~VT ~1I~ ^ V O~ M l ~ F RIDI MAX YERRINGTON ROBERT D. CORRIE GARY D. SMITH, P.E. City Engineer `/ 1 1 l 11 , L WALT W. MORROW BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO SHARI STILES - - JOHN T. sHAwcROFr, Warta water supt. ~.., ~ ~~ ~ ''L ~ ; - ~ ~ Zoning Administrator ~I KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 ~ ~-.• ~ ~ ~ -~ "BILL" GORDON, Police Chief W L JIM JOHNSON . . WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888.4433 • FAX (208) 887-4813 887 2211 8 ~ ~~ r Chairman -Planning 8 Zoning 1 2 1g~~ - ) Public Works/Building Department (20 t GRANT P.KINGSFORD ~~`~ ~ ~,~~._..~Yt~l'i 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 ~ Zoning Commission, may we have your answer by: May 24, 1994 TRANSMITTAL DATE: 5/3/94 HEARING DATE: 5/31/94 REQUEST: Annexation/zoning with a Preliminary Plat for Chamberlain Estates #2 BY: Howell Construction and Hubble Engineering LOCATION OF PROPERTY OR PROJECT: South of Ustick Road, East of Locust Grove Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM ~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH . NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES ~ M // .. OTHER: YOUR CONCISE REMARKS: a a ~ 77 acv ~m~ RECEIrt7E ~°a EXCE~I~- c~ Zn Q ~~ PLAY - 9 {~~'~ CITY 0~ i~6I:R1D1A1'~! SUPERINTENDENT OF SCHOOLS Bob L. Haley DEPUTY SUPERINTENDENT Dan Mabe, Finance i~ Administration DIRECTORS Sheryl Belknap, Elementary Jim Carberry, Secondary Christine Donnell, Personnel Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911 MERIDIAN STREET MERIDIAN,IDAH083842 PHONE(208)888-6701 May 5, 1994 City of Meridian 33 East Idaho Meridian, Idaho 83642 RE: Chamberlain Estates No. 2 Subdivision Dear Councilmen: I have reviewed the application for Chamberlain Estates No. 2 Subdivision and find that it includes approximately 28 homes at the median value of $100,000. We also find that this subdivision is located in census tract 103.11 and in the attendance zone for Chief Joseph Elementary, Meridian Middle School and Meridian High School. Using the above information we can predict that these homes, when completed, will house 12 elementary aged children, 8 middle school aged children, and 8 senior high aged students. At the present time Chief Joseph Elementary is at 117$ of capacity, Meridian Middle School is at 129 of capacity and Meridian High School is at 116 of capacity. The Meridian School District is not opposed to growth in our district, however this subdivision will cause increased over- crowding in all three schools. There is little opportunity to shift attendance boundaries since the surrounding schools are also well over capacity. Before we could support this subdivision, we would need land dedicated to the district or at least made available at a minimum price for a school site in this area. The site would need water and sewer service available. In addition we would need to pass another bond issue for the construction of schools. The cost per student for newly constructed schools, excluding site purchase price and offsite improvements, exceeds $5,000 per elementary student and $10,000 per middle or high school student. n • We are in a difficult position and need your help in dealing with the impact of growth on schools. Sincerely, Dan Mabe Deputy Superintendent DM:gr GLENN J. RHOGES, President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary TO: Kevin Howell Howell Construction 6901 W. Emerald Boise ID 83704 ~E~~~~~~ MAY 3 1 19°4 CITY ~1: ~~~~llyfi~~i May 25, 1994 FROM: Larry Sale, Superv'sor~" Developmen ~ ~,v~c ~~ ~ ,~j SUBJECT: CHAMBERLAIN STAT S4~.TdBDIVISION NO. 2 - PRELIMINARY PLAT On May 25, 1994, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the Preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are required: Prior to any construction within the existing or proposed public right-of- way, the following shall be submitted and subject to review and approval by the District: a. Three complete sets of detailed street construction drawings prepared by an Idaho Registered Professional Engineer, together with payment of plan review fee. b. Execute an Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. c. Complete all street improvements to the satisfaction of the District, or execute Surety Agreement between the Developer and the District to guarantee the completion of construction of all street improvements. ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345 ~ c R0 • • May 25, 1994 Page 2 3. Furnish copy of Final Plat showing street names as approved by the Local Government Agency having such authority together with payment of fee charged for the manufacturing and installation of all street signs, as required. 4. If Public Rights-of-Way Trust Fund deposit is required, make deposit to the District in the form of cash or cashier's check for the amount specified by the District. 5. Furnish easements, agreements, and all other datum or documents as required by the District. 6. Furnish Final Plat drawings for District acceptance, certifications, and endorsement. The final plat must contain the signed endorsement of the Owner's and Land Surveyor's certification. 7. Approval of the plat is valid for one year. An extension of one year will be considered by the Commission if requested within 15-days prior to the expiration date. Please contact me at 345-7680, should you have any questions. LS cc: Development Services Chron Hubble Engineering Inc. Meridian City Hall n INTER-DEPARTMENT CORRESPONDENCE GLENN J. RHODES, President SHERRY R. HUGER, Vice President JAMES E. BRUCE, Secretary TO: FROM: SUBJECT: ACRD Commission Development Services CHMBEST2/DSTECH 5-25-94 DATE: May 23, 1994 PRELIMINARY PLAT - CHAMBERLAIN ESTATES SUBDIVISION NO. 2 Annexation/Zoning (Developer - Howell Construction, Kevin Howell, 6901 W. Emerald, Boise, ID 83704) (Engineer/Surveyor - Hubble Engineering, Inc., 9550 Bethel Ct., Boise, ID 83709) FACTS & FINDINGS: 1. Chamberlain Estates Subdivision No. 2 is a 9.7 acre, 28-lot, single family residential subdivision located on the east side of Locust Grove Road approximately 630-feet south of Ustick Road. There are 1420-feet of new public streets planned. This project has no street frontage on any existing public street other than Locust Grove, which will be access restrict- ed. This application includes annexation by Meridian and a zone change from R-T to R-8. 2. GENERAL INFORMATION: LEAD AGENCY - Meridian ACRES - 9.7 FEET OF NEW PUBLIC STREETS - 1420 LOTS - 28 ZONING - Existing R-T; Proposed R-8 ESTIMATED VEHICLE TRIPS PER DAY - 280 TRAFFIC ANALYSIS ZONE - 265 L.F. OF FRONTAGE ON Locust Grove - 323-feet MOST RECENT TRAFFIC COUNTS - Date 1/18/94 Volume 2,794 FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Minor Arterial ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Lane EXISTING RIGHT-OF-WAY - 50-feet ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 PRELIMINARY PLAT CH. 3ERLAIN ESTATES SUBD~SION N~. 2 May 23, 1994 Page 2 REQUIRED RIGHT-OF-WAY - 90-feet; (45-feet from centerline) Locust Grove is improved with 28-feet of paving. IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - WestE:-z Cities 3. In February of 1994, the Commission approved the preliminary plat for Chamberlain Estates (a 99-lot single family residen- tial subdivision) to the south. Chamberlain Estates No. 2 proposes to access Locust Grove through Chamberlain Estates. 4. There is an existing house on Lot 4, Block 1, which proposes to take access from Locust Grove. 5. Locust Grove is a section line road, classified as a Minor Arterial. The District requires 90-feet of right-of-way on arterials in an urban impact area, width suf~icient for 4 traffic lanes, 5-foot sidewalks, and bicycle pathways. 6. Locust is scheduled for improvements in the ACRD Five Year Work Program, therefore staff recommends that a deposit be made to the Public Rights-of-Way Trust Fund for the required street improvements (5-foot sidewalks) on Locust Grove abut- ting parcel. 7. The ACRD Capital Improvement Plan indicates that Locust Grove is approved for use of Road Impact .Fee funds to increase its capacity; therefore, Road Impact Fee offsets may be given for construc}on of the roadway improvements (excluding sidewalk) along L.:ust Grove and for right-of-way dedication in addition to what exists now. If the developer wishes to be paid for the additional right-of-way, he/she must submit an application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 8. There are two existing dwellings to the north of the proposed cul-de-sac on the west end of Chanterelle Drive. 9. Staff recommends that the right-of-way on the east end of Chanterelle Drive be extended to the north property boundary. Staff does not anticipate a future connection from this point to Locust Grove, as this would result in a lenghty, continuous street to the south of Finch Lateral. 10. Lot 1, Block 1 constitutes a sewer right-of-way and will not be allowed to provide public access to Locust Grove. 11. This application is scheduled for public hearing by the Meridi- an Planning & Zoning Commission on May 31, 1994. PRELIMINARY PLA~ CHAMBERLAIN ESTATES SUB~VISION PiO. 2 May 23, 1994 Page 3 SITE SPECIFIC REOUIREMENTS: 1. Dedicate 45-feet of right-of-way frcm the centerline of Locust Grove Road abutting parcel (20 additional feet). The owner will be compensated ,for this additional right-of-way from available impact fee revenues in this benefit zone. 2. Provide a deposit to the Public Rights-of-Way Trust Fund at the District for the required street improvements (5-foot sidewalks) on Locust Grove abutting parcel. 3. With the exception of Lot 4, Block 1, direct lot or parcel access to Locust Grove is prohibited, in compliance with Dis- trict policy. Lot access restrictions shah be stated on the final plat. 4. Provide stub streets to the north and east property line as shown on the preliminary plat. Connect with the existing street in Chamberlain Estates No.l (Cougar Creek Drive) on the south property boundary. 5. Provide 100-feet of right-of-way on tY~e northwest end of pro- posed Chanterelle Drive on the north property bounda=y. 6. The District will not sign the plat for any part of this project until the adjacent street system that it connects to becomes part of the public street system. STANDARD REQUIREMENTS: 1. Street and drainage improvements required 'n the public right- of-way shall be designed and constructed in conformance with District standards and policies. 2. Dedicated streets and drainage systems shall be designed and constructed in conformance with District standards and poli- cies. 3. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 4. Provide written approval from the appropriate irriga- tion/drainage district authorizing storm runoff into their system. 5. Locate obstructions (utility facilities, irrigation and drain- age appurtenances, etc.) outside of Lhe proposed street im- PRELIMINARY PLAT CHAMBERLAIN ESTATES SL'B~=SIGN ND. 2 May 23, 1994 Page 4 provements. Authorization for relocations shall be obtained from the appropriate entity. 6. Continue existing irrigation and drainage systems across par- cel. 7. Submit three sets of street construc~io:n plans to the District for review and appropriate action. 8. Submit site drainage plans and calculations for review and appropriate action by ACHD. The proposed drainage system shall conform to the requirements of Meridian and shall retain all storm water on-site. Public street drainage facilities shall be located in the public right-of-way or in a drainage easement set aside specif- ically for that use. There shall be no trees, fences, bushes, sheds, or other valuable amenities placed in said easement. Drainage easements and their use restrictions shall be noted on the plat. 9. Provide design data for proposed access to puDiic streets for review and appropriate action by ACHD. 10. Locate driveway curb cuts a minimum of 5-feet from the side lot property lines when the driveways are a~ot being shared with the adjacent property. 11. Developer shall provide the District with a copy of the record- ed plat prior to the installation of street name signs. Street signs will not be ordered until all fees have been paid and a copy of the recorded plat has been prcvided to ACRD staff. The copy of the recorded plat shall show the recording information as inscribed by the Deputy County Recorder. 12. Install a stop sign on every unsgnalized approach oz a project street to an intersection involving a collector or arterial as the cross-street. The stop sign shall be ir_- stalled when the project street is first accessible to the motoring public. 13. A right-of-way permit must be obtained from ACED for all street and utility construction witrin the public right-of- way. Contact Construction Services at 345-706) (with zoni,zg file number) for details. ' PRELIMINARY PLAT-- CHAMBERLAIN ESTATES SUB • IS?ON N0. 2 May 23, 1994 Page 5 . 14. A request for modification, variance or waiver of any require- ment or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request. shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Development Services Division at 345-7662. STAFF SUBMITTING: Larry Sale D:~TE OF COMMISSION AFPROVaL: MAY 2 5 1994 • .~/ y ..~ i~ I " ~~ ~~ r ' ~ ~ b ~ 0 N / y ~/ N N N .~ _ N M ~ • ~~L ~7S N • !i" '1d N31'~100V lI F • ~ ~ ~ O ` N M . If f f ~ p ~ ~ • ~ ,,, n . . ~ N r a ` ~ ~ . ~ and 39ota env N h _ ~.~~~- G A • ~ Q ~ ~ r. r 7E m ~ ^f- _ ~ ' ~ ~ a < V ' ~ ~ ~ ~W O N i ~ = J ' ~ •~ W n i ~ V ~ ~ . ~ N N M! ~ r . ~ • N ~. W ~ N ~ ~ N • - `~ __ l a ~ i s ~ ~a N ., N N M • • N ~_ ~ M n ~ • GL~ N ~ a 4i kl ~-- ~ • • -~. ~- - ~ -~ f A N N N A ~ N N ~ +~ n' '1 h 'te .3wl~A 'N ~ '3At! 13 W"itlr 0 9~ ~ + I + i ~ " O A Q N q ~, p • ~ ~ ~_ ~ rpm ~ ~ ~; ~ r S~ b~ (l 4j o ~ A ~' ~~ti ~ s .,, abb 1 F; ti N q Vf O '~ n ~ ~f,• O'~` yam. » ~ .` ~ APO n r , ~ O ~ ~~ x ~ N `~ ~. _ 1 ( : {~ ! .. r ~ 1 - 1 ~ ~ 1 J 1 r_ __ I' ' '- • 1 =- 1 ~ Y ~° 1 ~ ~u / 1 1 1 '• 0 i /'. 1. ., ~ 1 ' ~ / I , ~~ rM ~ 1 1 1 ~ / 1 t O f 1 I 1 1 1 I I ° Q ~I ~ Ai I j I I I 1 ~ ~ I ~ Ov wY 1 I 1 O I I I ~ YAW I I I _ ~'! `v` _ _ • '~ + ~r'1fK7~-p ~ I Mfl aM 'fit 1 ~\~ 1 1 ~ 0 ~ i ~ ~ I t ` 1 ~ 1 , Al I ~ ` ~ °~ U 1 t ~. ~ ~ ~ ~ 1 . ` ` 1 ~, ~~., `, ~ A i `, `~ `, 1~ - .~ i • ` ,1 ~ \ ` ~ ~ ~\ ~ 1 I 1 ~ - I ~~ ~ ~ ~ , ® 1ti \ ~ ~~~ ' o ~~. ~ ~ ~ ,~, 1 I .. ~~ ~` . I. ~,, ~~ x I I .,, i , ~ i ~~ f I~ O ' I I I I ~,1 Y ~~ ,~ ~ ~ I~ ~ . ~ o ~ ~ o ~~ ~~ ~ ~~ ~ < 4 ;~ 1 ~ oX ~ shy ~~ ,. I ~ ~ I I ~ wwM ~~ ~t ~ ~~ ! i I I • J1w1 ~ 1 ~ I ~ 2 i •I A• • r x ,e ~ r~ I I e O ~= O ,: ~ I~' ~ {1~ O 1 , r~ ~~ ~ 0 0 I~ 0~ / • ~/ A ~ i II I i, it o ~~ CY a ,+ i ~ , i ;/ , y i,~~ I ~ i ~~ i ~! T~ ^ • , i o j f~ © ~ , ,. ~~ 1 1 1 ti1~,~~+ o ! ! ~ ` yj ~t~~Bi~~ III a ~~S~E~~~;r~ I ~ I ~ i ® ~ ai I II I 0 I ~ ~ I LI L - •~ I .I I ® ~ I ~I W~ a Nm > < z_ 3 z ~ _ W Zn 1 ~~ w Q u Z z~ J N m m Q ~ U ~~~ ~~~ ti w~ ~~ ~~ v SUBDIVISION EVALUATION SHEET M'~Y ~ ~ ~~~~ Proposed Development Name CHAMBERLAIN ESTATES SUB NO. 2 City MERIDIAN Date Reviewed 5/12/94 Preliminary Stage XXXXX Final Engineer/Developer Hubble Engr. /Howell Construction The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE. / must be recorded _in_ numeric order ~ ~ Date S/I Z I~- The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall appear on the plat as: "E. USTICK ROAD" "N. LOCUST GROVE ROAD" street and therefore shall be named: "N. LAUGHRIDGE 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 in order for the street names to be officially approved. /~ ADA COUNTY STREET NAME COMMITTEE, /KGf~NCY R RE NTATIVES OR DESIGNEES Ada County Engineer John Priester ~ Date S /Z Ada Planning Assoc. Terri Raynor ~-` L~ Date 5 ~- ~~ 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 .-~~~~-Ay~~CiP.d~itJ. ~e'~IEIG~S OtiJ wN~C/~ ~i~~lS6"/S TRISUBSISM_CITY.FRM End%~'~^vl/G// !'~S~ ~l.~I~y/'z/~~ The street shown on the plat as "COUGAR CREEK DRIVE" is in alignment with an existing • ~ . ~~ C9r c _ ~q _ ~ V }' .~ --• _ ~ • ~ a < w & ~ ti ~ O F~~ p N c - ~ • C yD (/f b . P • i . a q,~ `' m r y~4Y ~ ~ ~~ m a C~ s ~i = 4 m t ~ ~ a D M W N o r • • GB 0 ~ VALME7 c~ ~ AVE. N, N• vA~rE' °~. .N a i-_ _ .. N fA .,. u • ~ . Y _. ~~ m o ~ m u - p a O • 4 {/ + O D ~ ^~ Y + ~ 4 N N ~ O~ m m a v N , N SEO~ ~ AvE . N G • W Y V m N N ~ A N v / v m ~ 2 i r _ N Q ~ i> ~ a _ i ~ • N O Y V 9 y _ C _ ~ N N. AUG RIOGE AVE. * N W • + W , V ~ w ~ m 0 ~ ~ S L ~ ~ ~ W 0 ~ . ~ ~ ~ N. M ADOY/tiLEN PL. ~ Y • t . ® d O ~ N ~ ~_ N ~~~ i i ~ s s .. .; . ~ . ~ ~ i ~~ r M . ' ~ ~ !~ • 1 `~ ~ ++ ~ ~~ . ~ r~ ~ ~ ~ '~ w ~ .h `~ V ~~ ;: w . ~ ~ ~ d ( rt5' ~ Y i ~ » . ., w •. • ~ ~ ~ ~ • ~ • ~~ ~ ~ ~ ^ ~D +~ -~Q ^ nfl i Rfl ~ ~7fl ~ ~~ ~~ I ~ ~. __-i F-J" I ~~._ J~ T ~~~ v O O ~4 ~~ r ~ a C-A { l ~~' I `~ T CENTRAL i •• DISTRICT ~~~~; ~~ Retum to: ~RHPEALTH ~~ ^ ~1Se MAY 12 1~~~ ^ Eagle REVIEW SHEET C1.t,'~ ~~ ~~;v~~Jl~~r~ ^ Garden City '~ Meridian Rezone # ^ Kuna ~~~~+'al Use # ^ ACz relimina /Final/Short Plat ~~r`t/jr~l.~--i ~i~S it/a. ~ ^ 1. We have n0 objections to this proposal. ^ 2. We recommend denial of this proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this proposal. ^ 4. We will require more data concerning soil conditions on this proposal before we can comment. ^ 5. Before we can comment concerning individual sewge disposal, we will require more data concerning the depth of ^ high seasonal ground water ^ solid lava from original grade ^ 6. We^can approve this proposal for individual sewage disposal to be located above solid lava layers: 2 feet ^ 4 feet 7. After written approval from appropriate entities are submitted, we can approve this proposal for: Central sewage ^ Community sewage system ^ Community water well ^ Interim sewage ® Central water ^ Individual sewage ^ Individual water 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality: ® Central sewage ^ Community sewage system^ Community water ^ Sewage dry lines ~ Central water '~ 9. Street runoff is not to create a mosquito breeding probelm. ^ 10. This department would recommend deferral until high seasonal ground water can be determined If other considerations indicate approval. ^ 11. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. We will require plans be submitted for a plan reiew for any: ^ Food establishment ^ Swimming pools or spas ^ Child Care Center ^ Beverage establishment ^ Grocery store ,~ 13. ~~rPr`/yv.~n~~ /t!/t7~.4-c~r~l~~% .S~iA-~~r~ai DATE: J~ v ~ EC; ~i= U,n-~~2 ~ut-~i i y. ~~C.'~irH ~~~'i7~ ~ Reviewed by: ~1 .s{'1~'/~ h~ ,(~/'G~~l(~' ]~/1~ d E/`1.~n~S~i?2Q~S rY~~3 _ CDHD 10-91 rcb CIT`Y' ~~ ~z~,~~I3#~i < ~a & 7~l~ttdia~i ~~raigauooc Z~ta.~zict 1 X03 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 Meridian Planning 33 East Idaho OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 & Zoning Commission Raise 345-2431 Meridian, Idaho 83642 Re: Annexation/Zoning Chamberlain Estates No. 2 Commissioners: The Nampa & Meridian Irrigation District has-no problems with the annexation and zoning and preliminary plat for Chamberlain Estates No. 2. Nampa & Meridian Irrigation District's Finch Lateral and, possibly, the Onweiler Lateral are within this area. The District will need to a complete review for any encroachments or for any relocations of the District's facilities. The Nampa & Meridian Irrigation District will need to do a review on all drainage from this site. All laterals and waste ways must be protected. Nampa & Meridian Irrigation District recommends that pressurized urban irrigation water be placed within the subdivision. This 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. Sincerel , John P. Anderson District Water Superintendent pc: Bill Henson File - office File - shop APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 13 May 1994 • • 72a~r¢aa & ~~enidla~ ~l~rigatia~ ?~ceazict 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 James C. Merkle Hubble Engineering, Inc. 9550 West Bethel Court Boise, ID 83709 OFFICE: Nampa 466-7861 Boise 343.1884 SHOP: Nampa 466-0663 Boise 345-2431 RE: Land Use Change Application for Chamberlain Estates Sub No. 2 Dear Mr. Merkle: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above- referenced development. You were previously sent a complete packet of information concerning Land Use Change, urban irrigation, and exclusion. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Superintendent Howell Construction Meridian Planning and Zoning enc. ~OoQ~ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 17 May 1994 ~. OFFICIALS .~ WILLIAM G. BERG, JR., Clly Clerk JANICE L. GASS, Cily Treasurer GARY 0. SMITH, P.E. Cily Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chlef W.L. "BILL" GORDON, Pollce Chlel WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VA~,LEY• COUNCIL MEMBERS A GOOd Place IO LIVe RONALO R. TOLSMA CITY OF MERIDI~-~1' ° ° 1994 WALT W. MORROW 33 EAST IDAHO sHARI sTILEs IDAHO 83642 MERIDIAN ' PlannerdZoninpAdmmistratcr , '( ~+ ` JIM JOHNSON ~~~ ~ i~ Phone (208) 8881433 • FAX (208) 887813 T~'~;~ Chairman • Planning 6 Zomnp Public Works/Building Department (208) 887-221 I ~~11 GRANT P. KINGSFORD MAY 2 0 199+ 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 ~ Zoning Commission, may we have your answer by: M av 24. 1994 TRANSMITTAL DATE: 5/3194 HEARING DATE: 5/31/94 REQUEST: Annexation/zoning with a Preliminary Plat for Chamberlain Estates #2 BY: Howell Construction and Hubble Engineering LOCATION OF PROPERTY OR PROJECT: South of Ustick Road, East of Locust Grove Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT rrrv nrrnanir=v 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 8 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. Tim Adams Idaho Power ~~ S 322-2047 c.,7-g~ • HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY 0. SMITH, P.E City Engineer BRUCE 0. STUART, Water Works Supl. JOHN T. SNAWCROFT, Waste Wafer Supt. KENNY W. BOWERS. Firs Chisf W.L. "BILL" GOROON, Polies Chief WAYNE G. CROOKSTON, JR.. Attorney 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887.4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SNARI STILES Planner d Zoning Administrator ~~C~+~~.~~~' JIMJONNSON rman • Planning 6 Ioning J U ~~ - 9 1934 Ct'I'Y OF MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 81 Zoning Commission, may we have your answer by: Mav 24, 1994 TRANSMITTAL DATE: 513194 HEARING DATE: 5131!94 REQUEST: Annexationlzoning with a Preliminary Plat for Chamberlain Estates #2 BY: Howell Construction and Hubble Engineering LOCATION OF PROPERTY OR PROJECT: South of Ustick Road, East of Locust Grove Road JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, CIC WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM ~ FINAL PLAT) U.S. WEST(PRELIM 8t FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8t FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: A Good Place to Live CITY OF MERIDIAN US WEST REQUEST A 10' _ EASEMENT ALONG FRONT AND REAR PROPERTY LINES, - AND A 5' EASEMENT ALONG - ALL SIDE LOT LINES. SIGNED: A.J. CAR,L30N ~ • A MERIDIAN PLANNING & ZONING COMMISSION MEETING: June 14.1994 APPLICANT: KEVIN HOWELL AGENDA ITEM NUMBER: 12 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CHAMBERLAIN N0.2 SUBDMSION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: FINDNGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: