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Bridgetower Subdivision PP 00-017 /~ C.-iTY CLERK FILE CHECKLIST Project Name: Bridgetower Subdivision File No. PP-00-017 Contact Name: Primeland Development Phone: 385-7310 Date Received from Planning and Zoning Department: July 18, 2000 Planning and Zoning Level: Hearing Date: August 8, 2000 Q Transmittals to agencies and others: July 18, 2000 0 Notice to newspaper with publish dates: 21-Jul-00 and 4-Aug-00 © Certifieds to property owners: ~,a.._~~; ~ ~ ~~?(~~C~C~ _ r~-~- ^ Planning and Zoning Commission Recommendation: ^ Approve ^ Deny Notes: City Council level: ^ Transmittals to agencies and others: ^ Notice to newspaper with publish dates: ^ Certifieds to property owners: ^ City Council Action: ^ Approve ^ Deny ^ Findings /Conclusions /Order received from attorney on: Findings /Conclusions /Order: Approved by Council: ResoWtions: Original Res /Copy Cert: Minuteaook ~opyRea/COpyCe„: ~dYCbnr City Engineer Co ies Disbursed: City Planner p C„YA„,rosy Findings Recorded Sterling Cotlifiers Project Fib Copy Res /Original Cert: Develo ment A/~ree t Ada County (CPAs) men : P 9 AppFcard (non-CPPS) Sent for signatures: Recorded Ordkrances: Original: Minateboek Si d b Copies to: C„y Cbrk State Tax Come. gne y all parties: state Treacwer Aar,„er Assessor , , Sterling Codifiers Approved by Council: City Attorney ^ City Engineer Clly Planner Recorded: pr°;~ci gb ^ Copies Disbursed: Applicant (it appL) FndNge/Order:: OriglnaY. MinNebook Ordinance No R l ti N Copies to: AppYcard . eso on u o. Projectfib City Engineer ^ Approved b Council: Y City Planner ^ Recorded: Deadline: 10 days City Attorney "Record Vacation Findings " Recorded Devebpment Agreements: Original:FireprooTFlb ^ Published in news a er: p p °epieste:App°°ard Copies Disbursed: Project fib City Engineer ~„„ Pbnner Notes: City Attorney Hearing Date: and ~-~ ,`~ HUB OF TREASURE VALLEY MAYOR A Good Place to Live LEGAL DEPARTMENT Robert D. Cowie (208) 288-2499 • Fax 288-2501 CITY OF MERIDIAN CITY COUNCIL MEMBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: August 1, 2000 Transmittal Date: July 18, 2000 Hearing Date: August 8, 2000 File No.: AZ-00-017 Request: Prelimnary Plat for in a proposed R-4 zone with 106 buidable lots and 21 other lots on 46.20 acres for etower Subdivision By: Primeland Development Co., LLP Location of Property or Project: East of Ten Mile, North of Ustick Sally Norton, P/Z Bill Nary, P/Z Thomas Barbeiro, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer City Planner Your Concise Remarks: Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department Gen - 26 PP/FP/PFP - 31 AZ - 27 Rl~ JEST FOR SUBDIVISION APPRO ~L LE PRELIMINARY PLAT ~ -bo p,~- PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerks 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 that 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 action. GENERAL INFORMATION 1. Name of Annexation and Subdivision: Brid~etower Subdivision 2. General Location: _S '/2 Sec. 35, T4N., R1 W., (North of Ustick & East of Ten Mile Roads 3. Owners of record: E. L. Bews, Chandos Hoaglun & Young Lands Ltd. Address: 5204 Sorrento Circle. Boise, ID ,Zip 83704 Telephone 867-1200 Address: 2430 Ustick Road, Meridian, ID ,Zip 83642 Telephone 884-5208 Address: 2420 Ustick Road. Meridian, ID ,Zip 83462 Telephone 888-5559 4. Applicant: Primeland Development Co., L.L.P. Address: 1111 S. Orchard, Suite 155, Boise, ID, Zip 83705 Telephone 385-7310 5. Planner: Becky Bowcutt Firm Becky Bowcutt Planning Services Address: 11283 W. Hickory Dale, Boise, ID ,Zip 83713 Telephone 484-3904 Engineer: Kathy Stroschein, P. E. Firm Brun ineering, Inc. Address: 1800 W. Overland Road, Boise, ID Zip 83705 Telephone 344-9700 6. Name and address to receive City billings - Name: Primeland Development Co. LLP Address 1111 S. Orchard, Ste. 155, Boise, ID 83705 Telephone 385-7310 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres: 46.20 2. Number of building lots: 106 3. Number of other lots: 21 4. Gross density per acre: 2.32 5. Net density per acre: 3.71 6. Zoning Classification(s): R-4 (Proposed 7. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification? RT (Rural Transition) 8. Does the plat border a potential green belt? Yes (Five Mile Creek) 9. Have recreational easements been provided for? No (Five Mile Creek R-O-W = 140 Ft.)_ 10. Are there proposed recreational amenities to the City? Yes Explain _The ap licant would consider deeding park area to the city in exchange for Impact fee credits 11. Are there proposed dedications of common areas? Possibly Explain The ap lip Cant will improve park area and consider dedication. 0601 \SUBAPPL-MER-PP (1) •-~ For future parks? _ ?ossibly Explain Neighbc ,od Park 12. What school(s) service the area? _ Linder Elementary do you propose any agreements for future school sites? Yes ,Explain East of the proposed preliminary plat in a future phase 13. Are there any other proposed amenities to the City? No ,Explain 14. Type of Building (Residential, Commercial, Industrial or combination): Residential 15. Type of Dwelling(s) (Single Family, Duplexes, Multiplexes, other): Single Family 16. Proposed Development features: a. Minimum square footage of lot(s): 8,000 b. Minimum square footage of structure(s): 1,400 c. Are garages provided for? Yes Square footage: 400 d. Has landscaping been provided for: Yes ,Describe 40' buffer along Ustick 20 - 30' landscanin~ along collector roadways recreation center lot and park area e. Will trees be provided for? Yes ,Will trees be maintained ? H.O.A. f. Are sprinkler systems provided for? Yes (Installed by applicant) g. Are there multiple units ? No ,Type: Remarks: h. Are there special set back requirements ? No Explain: i. Has off street parking been provided for ? Yes Explain: Garages & driveways j. Value range of property: N/A k. Type of financing for development; Conventional 1. Were protective covenants submitted? Yes ,Date: 6/30/00 17. Does the proposal land lock other property? No Does it create Enclaves? No STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6, Street names must not conflict with City grid system. 9-604 B PRE-APPLICATION MEETING The developer shall meet with the Administrator prior to the submission of the Preliminary Development Plan. The purpose of this meeting is to discuss early and informally the purpose and effects of this Ordinance and the criteria and standards contained herein, and to familiarize the developer with the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance and such other plans and ordinances as deemed appropriate. The developer may also meet with the Commission or Council prior to submitting an application. 0601 \S UBAPPL-MER-PP (2) STATEMENT OF COMPLIANCE BRIDGETOWER SUBDIVISION 1. The proposed streets will be constructed to Ada County Highway District and City of Meridian standards. (Construction Standards: 36 ft. street section and 5 ft. sidewalks.) 2. The proposed development is in conformance with the City's Comprehensive Plan. This area is designated as Single Family Residential on the Comprehensive Plan Map. 3. The development will connect to City water and sewer facilities. The Five Mile Creek sewer trunkline is adjacent to this parcel. A City water mainline is located in Ustick Road. 4. The applicant is requesting an R-4 zoning designation and a Planned Unit Development application. The applicant is requesting a reduction of lot frontages. However, all lots will exceed the 8,000 square foot minimum lot size and all homes will comply with minimum home square footage of 1400. The applicant has also applied for a variance on the maximum block length of 1,000 feet. 5. The development plan reflects existing easements for the Creason Lateral. Five Mile Creek has no easement associated with it since the Federal Government owns the property in fee simple. 6. The proposed street names have been submitted to the Street Name Committee for their review. 7. The development consists of 127 total lots. (101) single family residential lots, (2) residential lots for the existing homes, (19) landscaping lots, (1) Homeowner's Recreation Center lot, (1) park lot and (3) future office lots. The subject parcel is 46.20 acres and the proposed density is 2.3 dwellings per acre. The applicant is requesting approval of a Planned Unit Development application. The development deviates from the 80 foot frontage requirement of the R-4 zone. The plan includes three future office lots adjacent to Ustick Road. The lots will take access offthe proposed collector. The applicant understands that a rezone to LO will be required for the office use. A rezone is not possible STATEMENT OF COMPLIANCE BRIDGETOWER SUBDIVISION at this time since the existing Comprehensive Plan would not support such an application. After the new Comprehensive Plan is adopted, the applicant will seek an LO rezone. The applicant has provided the required 10% open space under the Planned Unit Development requirements. A homeowner's recreation center will be constructed on lot 2, block 2. A park will be constructed on 3, block 2. The applicant has interest in dedicating the park area to the City of Meridian for a neighborhood park. This may be possible if the City would consider Park Impact Fee Credits for the land dedication and the landscaping improvements. The Parks Department would also need to allow some storm drainage facilities to be constructed within the park. These facilities would not conflict with the enjoyment of the park or create a hazard or nuisance. 8. Five Mile Creek adjoins this parcel. The Creek area is owned in fee simple by the Federal Government. Any pathway along the Creek will require Bureau of Reclamation and Nampa Meridian Irrigation District approval. This property is not a part of the development. The only relationship is the collector roadway crossing. 9. I met with Dave Szplett of Ada County Highway District. He indicated a traffic study is not required for this development since it consists of 106 buildable lots and two collector roadways are provided. One collector roadway will exit traffic to Ustick Road and the other will provide access to a possible elementary school in future phases of this development. A large overall traffic study will be done when the concept for the other parcels is complete. 10. The project is a proposed Planned Unit Development. The lot sizes range 8,120 SF to 45,638 SF. The median lot size is 10,516 square feet (excluding the two existing home lots and the three lots adjacent to Ustick). Extensive landscape buffering of 40 feet is provided along Ustick Road. Landscape lots ranging from 20 feet to 30 feet will be constructed along the proposed collectors. 11. A variance application has been submitted with this application. The variance request is for deviation from the maximum block length of 1000 feet. ~. N RT RT RT 1000 0 RT RT bIERIDIAN CITY ~ LIMIT8 BOIINDARY t_t~ ~~\ ° RT RT RT \` ~r~ ~ ZONE BOIINDARY ,~~~ ^ `. 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VICINITY MAP REVISION ""EEPo~ BRIDGETOWER SUBDIVISION BRIGGS PORTION OF THE SOUTH 1/2 OF SECTION 35, T.4N., R.1W., B.M., "~ ADA COUNTY, IDAHO SHEET (208) 344-9700 1 OF 1 1600 W. OVERLAND ROAD DESIGN DRAFT SCALE DATE DWG. NO. BOISE, IDAHO 83705 gK6 1" = 300' 06/29/00 0601 10601.APR T ^-. '" .-~ N RT RT 1000 0 1000 2000 F t ee R RT RT R O MERIDIAN CITY LIMIT8 BOIINDARY --- ~a a~--__~ ~ RT RT ~ ZONE BOIINDARY Rd I ~/ ~ ~~ '` ~ V ~`.~ RT ~ R1 p' R7 0 I l ~ ~~~ ; \' 1 I 1 o I 1 1 d ~~ ~~ J o 0 ~~ o u ~ _) RT Rdi __ ' \ ~ .._ ~....._ ~R RT _ _... ,, .._\ I BRIGGS ENGINEERING, INC. ~""E~"° BRIGGS "c (208) 3449700 i/2 MILE VICINITY BRIDGETOWER SUBDIVISION PORTION OF THE SOUTH 1/2 OF SECTION 35, T.4N., R.1W., B.M., ADA COUNTY, IDAHO REVISION HEET 1 OF 1 1800 W. OVERLAND ROAD BOISE, IDAHO 83705 DESIGN DRAFT BKB SCALE 1" = 1000' DATE 06/28/00 DWG. NO. 0601 \0601.APR LEGAL DESCRIPTION FOR BRIDGETOWER SUBDIVISION June 30, 2000 Parcels of land located in the South '/2 of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: PARCEL 1 Commencing at the southeast corner of the Southwest'/4 (South '/4 corner) of Section 35, Township 4 North, Range 1 West, Boise Meridian; thence N 00°26'55" E 25.00 feet along the east line of said Southwest'/4 to a point on the northerly right-of-way of Ustick Road, the REAL POINT OF BEGINNING of this subdivision parcel; Thence N 89°15'23" W 685.54 feet along the northerly right-of-way of Ustick Road to a point; Thence N 06°03'43" E 406.34 feet to a point on the southerly right-of-way of Fivemile Creek; Thence S 62°08'33" E 887.82 feet along the southerly right-of-way of Fivemile Creek to a point on the northerly right-of-way of Ustick Road; Thence N 89°14'22" W 142.37 feet along the northerly right-of-way of Ustick Road to the REAL POINT OF BEGINNING of this subdivision parcel description, said parcel comprising 3.84 acres, more or less. And: PARCEL 2 Commencing at the southeast corner of the Southwest'/4 (South '/4 corner) of Section 35, Township 4 North, Range 1 West, Boise Meridian; thence N 00°26'55" E 255.75 feet along the east line of said Southwest'/4 to a point on the northerly right-of-way of Fivemile Creek, the REAL POINT OF BEGINNING of this subdivision parcel; Along the northerly right-of-way of Fivemile Creek: Thence N 62°08'33" W 1109.68 feet to a point; Thence N 81°01'45" W 324.52 feet to a point; Leaving said northerly right-of-way and along the right-of-way of the Creason Lateral: Thence N 00°40'14" E 448.95 feet to a point; Thence N 45°43'33" E 72.70 feet to a point; Thence S 89°13'09" E 989.10 feet to a point; Leaving said right-of-way: Thence N 10°50'08" W 30.61 feet to a point; Thence S 89°13'05" E 52.47 feet to a point on a curare; 0601/0601. subd. des. doc ~"~ Thence along a curve to the left 20.69 feet, said curve having a radius of 20.00 feet, a delta angle of 59°15'59", tangents of 11.38 feet, and a long chord bearing S 62°22'01" E 19.78 feet to a point of tangency; Thence N 88°00'00" E 16.57 feet to a point; Thence N 00°26'55" E 237.28 feet to a point; Thence S 89°13'05" E 276.33 feet to a point; Thence S 39°22'16" E 282.38 feet to a point; Thence S 00°26'55" W 21.92 feet to a point; Thence S 26°24'21" E 65.90 feet to a point; Thence S 50°25'12" E 784.17 feet to a point; Thence S 25°17'47" W 204.78 feet to a point; Thence S 35°00'00" W 140.55 feet to a point; Thence S 29°00'00" W 173.61 feet to a point; Thence S 37°00'00" W 100.84 feet to a point; Thence N 53°00'00" W 102.00 feet to a point; Thence S 37°00'00" W 50.00 feet to a point; Thence S 53°00'00" E 110.00 feet to a point; Thence S 31°00'00" E 154.95 feet to a point on the northerly right-of-way of Fivemile Creek; Thence N 89°14'22" W 289.19 feet along the northerly right-of-way of Fivemile Creek to a point; Thence N 62°08'33" W 418.77 feet along the northerly right-of-way of Fivemile Creek to the REAL POINT OF BEGINNING of this subdivision parcel description, said parcel comprising 42.36 acres, more or less. Total subdivision area (Parcels 1 & 2 combined) comprises 46.20 acres, more or less. Michael E. Marks, PLS 4998 0601 /0601. subd. des. doc ,~-~.G~~ ..fin r,~ /..~- ~ 1 rFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss COUNTY OF ADA ) Name Address ~l~ ~A.~D 4 3?~7', being first duly sworn upon (city) (state) oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to ~RtNt,E`M~ D DEdE~i°tt~i~C1" (~• LL t'~ !~!~ ~. D~GQ~,~,d, ~Lt tY'~ - (n 155 ~ ~ C-E~ ~t~~{~p (address) - ~'3?oS to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this ~ day of (Signature) ~~ SUBSCRIBED AND SWORN to before me the day and year first above written. ® ~ ~ ~ ~.~~ ~ ~ pI a p 'a::+3~~3c'~ Sa ~'O g °, S~ C~ . tary Public for Idaho Residing at ~t~ol F~ My Commission Expires: ~''~ 5 1,,,~ "~ r=FIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss COUNTY OF ADA /~ ) ~ 3o Gc.t77C.~ ,e~ p I, ame Q/~ ,s' pQ GC/'~ Address ~~12.1 b ll~ 3lPSF~- ,being first duly sworn upon (city) (state) oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to ~R-r~t~~D DE/~c.oP~tE~7' ~o., ~c.P ~!!/ .J; o~2u~~, (name) (address) to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian,and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this ~Q~~ day of SUBSCRIBED AND SWORN to ,~o` C,c ~~~a~~~y ~~ , a~ ~ m 'O ~7 ~ ~ ,~~ ~~~~®s~a~sat.~~'~, me the day and year first above written. ~. o~ ~~~ N tary Public r Idaho esiding at My Commission Expires: ~ ~ 5 ~-. ^ ..a=FIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss COUNTY OF ADA ) I, Name D. ~au~ u.GTrulc- Address ~~O /~- ~ ,~I~-l~O Q 3~! `fib ,being first duly sworn upon (city) (state) oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to P~~r~ c-~d-~lA ~E/~c ~ P~r~IT ~o. 1-~P ~/~/ er: D (name) (address) ~ ~~ /55, ~ r ~• ~ ~~7QS' to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this _~ day of , ~ d (S~ ature) SUBSCRIBED AND SWORN to bef~e me the day and year first above written. o''GP L ° ~ ®~,''~ ~Qa. pTA~ ®~,s ~~: ~ ~ m ® ~®® ®~ . :~ W G ~ Leo a°'' ~.~,~ .~aR~~'2~ ;;`wy d~ a~~s~~7a~P ~~~~~ °~~~~~ ~- v Not Public f Idaho Residing at 0 My Commission Expires: Z~ ~ - ..., ,, .~~~ ,. 1 ~s~ L~i~ WARRANTY DCED Tor Value Received Paid by an Accommodator Pursuant to an IRC 51031 Exchange Brian C. Young and Lori Young, husband and wife hereinafter referred to as Grantor, does hereby grant, bargain, sell, and cnnvey unto E.L. Bews and Shirley G. Bews, husband and wife hereinafter referred to as Grantee, whose current address is 5204 Sorrento Cvde -Boise, ID 837(14 the following described premises, to-wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. To IfiAVE AND TO HOLD the said premises, with the'v appurtenances unto the said Crantee, his heirs and assigns forever, And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that said premises are Free tram all encumbrances except ctirrcnl years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record, and easements visible upon the premises, and that ;,ranlor wili warrant and defend the same from all claims whatsoever. Dated: December 29,1998. AQA C~41NTY RECORDER L 0 VIO HAVARRO ~.,,ts,~, ,f,,, rn ~ C Brian C. rounq :07 iJ . - r i ~~~ LLA/! /YLa>- ri Youn RECORDED-REOU~ST OF)),, ~U FEE~DEpUT~ 98127032 F1fiST AMERICAN TITLE C0. STATE OP IDAHO ) ss. COUNTY OF ADA ) On This 29th day o[ December, in the year 1998, before me, a Notary Public in and for said State, personally appeared Brian C. Young and Lori Young, known or identified to me to be the person(s) whose name(s) are subscribed to the within Instrument, and ac o dged to me that they cut the same. ~~~~•~'•-rrnrrrih ~ ary Public Of Idaho `' ~'~1 t f[ Residing at Boise, ID 5~~~.~a»:~a~ ~'~,.,f h B F, ~r ~?y_ Commission expires: 7/25/99 '_ O D v~.. .. C v ~~: P U ~ `' First American Title Company of Idaho ~'1 EXHIBIT "A" A parcel of land being a portion of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35, Township 4 North, Range 1 West, Boise Heridian, Ada County, Idaho, and more particularly described as follows: Beginning at a brass cap marking the Southwest corner of the said Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35, also said point being the REAL POINT OF BEGINNING; thence North 0°26'49" East 488.00 feet along the Westerly boundary of the said Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35 to an iron pin; thence South 89°14'41" East 600.00 feet along a line Northerly of and parallel with the Southerly boundary of the said Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35 to an iron_ pin; thence South 0°26'49" West 488.00 feet along a line Easterly of and parallel with the said Westerly boundary of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Sectian 35 to an iron pin on the said Southerly boundary of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35; thence North 89°14'41" West 600.00 feet along the said Southerly boundary of the southwest Quarter of the southwest Quarter of the Southeast Quarter of Section 35, which is also the centerline of Ustick Road, to the POINT OF BEGINNING. EXCEPTING THEREFROM: A strip of land in the South half of the Southeast Quarter of Section 35, Township 4 North, Range 1 West, Boise Meridian, and in the North Half of the Northeast Quarter of Section 2, Township 3 North, Range 1 West, Boise Meridian, for right of way purposes along Five Mile Drain, Soise Project, Idaho, more particularly described as follows: Beginning at a point on the North and South quarter section line 103.3 feet, North 00°26' West of thA South Quarter corner of Section 35, Township 4 North, Range 1 West, Boise Meridian; thence North 00°26' West 152.0 feet along the North and South Quarter section line; thence South 63°06' East 423.7 feet; thence South 89°52' East 1,109.0 feet; thence South 00°37' East 90.O,feet; thence North 89°52' West 1,231.5 feet; thence North 63°06' West 286.00 feet to a POINT OF BEGINNING. ALSO EXCEPTING THEREFROM any portion of said property lying within USTICK ROAD ~--~ ~ DELIVER TO: ED BEWS Date: April 28, 2000 5204 SORRENTO CIRCLE BOISE, IDAHO Ref YOUNG LAND/BEWS Order No: FA-126914 FIRST AMERICAN TITLE IS COMMITTED TO PROVIDE THE QUALITY OF SERVICE NEEDED TO ASSURE YOUR S UCCESS IN THE TREASURE VALLEY. WE HAVE ASSEMBLED A TRAINED STAFF OF TITLE AND ESCROW OFFICERS TO MEET YOUR EVERY NEED. OUR TEAM CONCEPT WILL PROVIDE YOU WITH THE SUPPORT AND ASSISTANCE YOU DESERVE. YOUR ESCROW OFFICER FOR THIS TRANSACTION IS TINA SMITH, AND HER ASSISTANT IS TERRIE GARUS. YOU CAN REACH YOUR ESCROW OFFICER AT: (X) 7311 Potomac Dr. Boise, Idaho 83704 (208) 375-0700 () 211 West State Street Boise, Idaho 83702 (208) 344-5888 MAY LIN CARLSEN HAS BEEN ASSIGNED TO THIS TRANSACTION, AS YOUR TITLE OFFICER, AND CAN ANSWER ANY OF YOUR QUESTIONS. HOWEVER, THE FOLLOWING TITLE UNIT IS AVAILABLE TO ASSIST YOU: MAY LIN CARLSEN KATHY CLOEPFIL PLEASE CALL US WITH ANY QUESTION AT 375-0700, AND THANK YOU FOR CHOOSING FIRST AMERICAN TITLE. ~ A M E -R I ,~ S ~ ~9 Form Na i~a2119821 AL TA Plam Lar+9t+a9e Commitment first American Title Insurance Company INFORMATION The Tale Insurance Commitment is a legal contract between you and the company. It is issued to show the on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain ri s o the land title, subject to the limitations shown in the Policy. The ompany will give you a sample of the Policy form, if you ask The Commitment is based on the land title as of the Commitment Date. Any changes in the lard title or the transaction may affeg2 the Commitment and the Policy. The Commitment is subject to its Requirements, Exceptions and Conditions. THIS INFORMATION IS NOT P~OF THE TITLE INSURANCE COMMITMENT. TABLE OF CONTENTS Page AGREEMENT TO ISSUE POLICY ~ SCHEDULE A 1. Commitment Date 2 2. Policies to be Issued. Amounts and Proposed Insureds 2 3. Interest in the Land and Owner 2 4. Description of the Land 2 SCHEDULE &1 -Requirements ~3 SCHEDULE &2 -Exceptions 4 CONDITIONS ether side of 1 YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. If you have any questions about the Commitment, please contact the issuing office. ~ .~ .~ ~t E R I .~ C .., arm Nn 1343 (1982) 1TA PI&in ~an0uals CJTmltmant COMMITMENT FOR TITLE INSURANCE ISSUED BY First American Title Insurance Company AGREEMENT TO ISSUE POLICY We agree to issue a policy is you according to the terms of this Commitment When we show the policy amount and your name as the aroposed insured in Schedule A, this Commitment becomes effective as of the Com- mitment Date shown in Schedule A If the Recuirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end Also, our obligation under this Commitment will end when the Policy '~ ''suQd and the^ -• - -'.~._at?cn !o you will be under the PolicJ. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-t. The Exceptions in Schedule B-2_ The Conditions on the other side of this page 1. This Commitment is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B. First American Title Insurance Company 9Y ~ ~(, ~ P9ESIDENT ~'-~l-r ~~~~.JJ/ I ~i' AT"EST~~_ / 8Y O ScCr~ETAFY c~ur,r~;,slcNE~ Pace 1 FA-126914/MLC Your No. YOUNG LAND/BEWS SECOND COMMITMENT (TO UPDATE & AMEND LEGAL DESCRIPTION) SCHEDULE A TO: DANNY M. CAFFERTY REALTY CC: ED BEWS 410 8. ORCHARD SUITE 176 5204 80RRENTO CIRCLE BOISE, IDAHO BOISE, IDAHO ATTN: DANNY CAFFERTY CC: FIRST AMERICAN TITLE 7311 P OTOMAC DRIVE BOISE, IDAHO ATTN: TINA SMITH 1. Commitment Date: DECEMBER 17, 1 998 AT 7:30 A.M. 2. Policy or Policies to be issued: Amount Fee (X) (a) Owner's Policy TO BE DETERMINED ALTA Form 1402-92 (10-17-92) Proposed Insured: E.L. BEWS and SHIRLEY G. BEWS ( ) (b) Loan Policy ALTA Form 1056-92 (10-17-92) Proposed Insured: ( ) (c) Endorsements (X) (d) CREDIT NONE 3. Fee simple interest in the land described- in this Commitment is owned, at the Commitment Date by: PARCEL I: YOUNGS LAND, LTD., also shown as YOUNG LANDS, LTD. PARCEL II, & IV: YOUNG LANDS, LTD., a limited partnership 4. The land referred to in this Commitment is situated in the State of Idaho, County of Ada, and is described as follows: SEE ATTACHED SCHEDULE C Address: 2420 USTICR ROAD, MERIDIAN, IDAHO 83642 MLC/kc 1 .~ ~ FA-126914/MLC Your No. YOUNG LAND/BEWS SCHEDULE B - Section 1 REQUIREMENTS The following requirements must be met: (a) Pay the agreed amounts for the interest in the land and/or the Mortgage to be insured. (b) Pay us the premiums, fees and charges for the Policy. (c) Documents satisfactory to us creating the interest in the land and/or the Mortgage to be insured must be signed, delivered and recorded. (d) You must give the following information: 1. Release(s) or Reconveyance(s) of item(s) AS MEETS INSURED'S REQUIREMENTS 2. Terms, conditions, and provisions of the general partnership agreement and any amendments thereto, of YOUNG LANDS LTD. We require a showing of the power and authority of the party or parties who plan to execute the forthcoming conveyance on behalf of said partnership. (e) We require Seller or Borrowers Affidavit provided and approved prior to recording. 2 '''~ v~ FA-126914/MLC Your No. YOUNG LAND/BEWS SCHEDULE B - Section 2 EXCEPTIONS Any Policy we issue will have the following exceptions unless they are taken care of to our satisfaction. PART I: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interest, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. 6. Any liens, or rights to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. NOTE: The foregoing numbered exceptions (1-6) may be eliminated in an ALTA Extended Coverage Policy. continued 3 .-~ ~..~ FA-126914/MLC Your No. YOUNG LAND/BEWS SCHEDULE B CONTINUED 7. General and Special Taxes for the year 2000, an accruing lien not due or payable until the fourth Monday in November 2000 when the bills are issued, the first half of which is not delinquent until after December 20, 2000. 8. Liens, levies and assessments of the Nampa-Meridian Irrigation District, and the rights, powers and easements of said District as by law provided. (Phone number 343-1884, for assessment information) 9. Liens, levies and assessments of the Boise-Kuna Irrigation District, and the rights, powers and easements of said District as by law provided. 10. Right of Way for COLEMAN LATERAL, FIVE MILE DRAIN, CREASON LATERAL, AND NINE MILE DRAIN 11. Reservations in U.S. Patent, recorded in Book 2 of Patents at Page 145, Official Records. (AFFECTS A PORTION OF PARCEL I & II) 12. Reservations in U.S. Patent, recorded in Book 2 of Patents at Page 395, Official Records. (AFFECTS PARCEL IV) 13. Reservations in U.S. Patent, recorded in Book 3 of Patents at Page 408, Official Records. (AFFECTS A PORTION OF PARCEL I) 14. Sewer Easement over said land in favor of CITY OF MERIDIAN, for sewer lines and incidental purposes as set forth in an instrument recorded January 12, 1978, as Instrument No. 7801810, Official Records. (AFFECTS PARCEL IV) 15. Sewer Easement over said land in favor of CITY OF MERIDIAN, for sewer lines and incidental purposes as set forth in an instrument recorded January 12, 1978, as Instrument No. 7801811, Official Records. (AFFECTS PARCEL II) 16. Any effects of Survey, recorded in book G of Surveys at Page 2006, recorded October 15, 1991, as Instrument No. 9157429, (AFFECTS PARCEL II) continued 4 ~'1 FA-126914/MLC Your No. YOUNG LAND/BEWS SCHEDULE B CONTINUED 17. License Agreement upon contained therein: Dated: August 21, 1992 Parties: NAMPA & MERIDIAN Recorded: August 21, 1992, MILE DRAIN the terms, conditions and provisions IRRIGATION DISTRICT as Instrument No. 9256125, for NINE 18. License Agreement upon the terms, conditions and provisions contained therein: Dated: April 7, 1998 Parties: NAMPA & MERIDIAN IRRIGATION DISTRICT Recorded: April 10, 1998 as Instrument No. 98033250, for CREASON LATERAL and FIVE MILE DRAIN 19. Li cense Agr eement upon the terms, conditions and provisions contained therein: Dated: May 5, 1998 Parties: NAMPA & MERIDIAN IRRIGATION DISTRICT Recorded: May 8, 1998 as In strument No . 98044238, for FIVE MILE DRAIN 20. Idaho Power - McMillan and Black Cat Roads Crossing Agreement, recorded April 27, 1999, as Instrument No. 99041675, Official Records. 21. Unrecorded Leaseholds, if any, rights of parties in possession other than the vestees herein, rights of chattel mortgages, vendors and vendees under conditional sales contracts of personal property installed on the premises herein, and rights of tenants to remove trade fixtures. 22. Except mineral or water rights, claims or title to mineral or water. 23. Right of access to and from the land, if any, is not established of record and assurance of such right of access is excluded from coverage of this policy. 24. Any off-record facts, encumbrances, easements or possessory claims, a survey or inspection would disclose. continued 5 '~`, ~ FA-126914/MLC Your No. YOUNG LAND/HEWS SCHEDULE B CONTINUED NOTE: General and Special Taxes for the year 1999, in the original amount of $4,157.28, Code Area 242, A.P. No. S-0435-31-4907, first half paid, second half now due and payable. (AFFECTS PARCEL I) NOTE: General and Special Taxes for the year 1999, in the original amount of $292.90, Code Area 242, A.P. No. S-0435-34-6619, first half paid, second half now due and payable. (AFFECTS PARCEL II) 25. General and Special Taxes for the year 1999, in the original amount of $451.66, Code Area 242, A.P. No. 5-0435-43-8410, first half paid, second half now due and payable. (AFFECTS PARCEL IV) NOTE: Pursuant to the State of Idaho insurance regulation: A cancellation fee will be charged on all cancelled orders, unless notified to the contrary, all orders shall be cancelled and a billing sent within 6 months of the effective date on the commitment. NOTE: If you have questions regarding this commitment please contact: MAY LIN CARLSEN, Commercial Title Officer, at FIRST AMERICAN TITLE COMPANY OF IDAHO, INC. 7311 Potomac Drive, Boise, Idaho 83704, or call (208) 375-0700. If you have questions regarding the escrow closing please contact: TINA SMITH, Escrow Officer, at FIRST AMERICAN TITLE COMPANY OF IDAHO, INC. 7311 POTOMAC DRIVE BOISE, IDAHO 83702, or call (208)375-0700. 6 FA-126914/MLC Your No. YOUNG LAND/BEWS SCHEDULE C PARCEL I: The East half of the Northeast Quarter of the Southwest Quarter of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho. EXCEPTING FROM THE ABOVE DESCRIBED PARCEL, THE FOLLOWING: A parcel of land lying in the Northeast Quarter of the Southwest Quarter of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northeast corner of the Southwest Quarter (center 1/4 corner) of Section 35, Township 4 North, Range 1 West, Boise Meridian, the REAL POINT OF BEGINNING of this description; thence South 00°10'49" East 660.00 feet (formerly South 40 rods), along the east line of the Southwest Quarter to a point; thence North 89°48'37" West 330.00 feet (formerly West 20 rods), parallel with the North line of the Southwest Quarter to a point; thence North 00°10'49" West 660.00 feet (formerly North 40 rods) , parallel with the East line of the Southwest Quarter to a point on the North line of the Southwest Quarter; thence South 89°48'37" East 330.00 feet (formerly East 20 rods), along h North line of the Southwest Quarter to the REAL POINT OF BEGINNING of this description. ALSO INCLUDING: The Southwest Quarter of the Northeast Quarter and the Northwest Quarter of the Southeast Quarter of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho. LESS AND EXCEPTING that portion deeded to the United States described in Book 124 of Deeds, at Page 207, Official Records. ALSO LESS AND EXCEPTING THEREFROM THE FOLLOWING: A parcel of land being a portion of the Northeast Quarter of the Southwest Quarter of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the records of Survey No. 3428, filed for record in the office of the Ada County Recorder, Boise, Idaho, under Instrument No. 96005700, and more particularly described as follows: continued 7 LEGAL DESCRIPTION CONTINUED Page 2 r FA-126914/MLC Your No. YOUNG LAND/BEWS Commencing at an iron pin marking the South quarter corner of the said Section 35; thence along the East boundary of the said Southwest Quarter of Section 35, North 00°10'49" West 1337.49 feet to an iron pin on the North right-of-way line of the Creason Lateral, also said point being the REAL POINT OF BEGINNING; thence along the said North right- of-way line, North 89°50'49" West 124.00 feet to an iron pin; thence leaving h said North right-of-way line along a line Westerly of and parallel with the said East boundary of the said Southwest Quarter of Section 35, North 00°10'49" West 150.00 feet to an iron pin; thence South 89°50'49" East 124.00 feet to a iron pin on the said East boundary of the said Southwest Quarter of Section 35; thence along the said East boundary, South 00°10'49" East 150.00 feet to the POINT OF BEGINNING. PARCEL II: A tract of land situated in the Southeast Quarter of the Southwest Quarter of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the South quarter corner of said Section 35, marked by a found brass cap monument, and thence North 00°00'50" West (formerly North 00°26' West), 255.71 feet, along the North-South midsection line of said Section 35, to a point on the Northerly right-of-way of Five Mile Drain (140 feet wide), and thence North 62°40'51" West, (formerly North 63°06' West), 20.26 feet along said Northerly right-of-way line of Five Mile Drain to a point which is 18.00 feet West of said North-South midsection line, marked by a set 1/2" iron pin, L.S. 874, THE REAL POINT OF BEGINNING, and thence continuing North 62°40'51" West, 1090.96 feet along said Northerly right-of- way line of Five Mile Drain to a point, marked by a set 1/2" iron pin, L.S. 874, and thence continuing along said Northerly right- of-way line of Five Mile Drain, North 81°30'51" West, (formerly North 81°58' West) 292.16 feet to a point on the East right-of-way line of Creason Lateral (60 feet wide), marked by a set 1/2" iron pin, L.S. 874, and thence along continued 8 LEGAL DESCRIPTION CONTINUED Page 3 FA-126914/MLC Your No. YOUNG LAND/BEWS said East and South right-of-way line of Creason Lateral the following courses and distances: North 0°12'33" East (formerly North 00°14' West), 442.11 feet to a point, marked by a set 1/2" iron pin, L.S. 874, North 44°31'31" East (formerly North 44°50' East), 46.91 feet to a point, marked by a set 1/2" iron pin, L.S. 874; South 89°41'02" East, (formerly North 89°54' East), 1223.50 feet to a point 18 feet West of the North-South midsection line of said Section 35, marked by a set 1/2" iron pin, L.S. 874, and thence South 0°00'50" East (formerly South 00°26' East), 1012.60 feet along a line 18 feet West of and parallel to said North-South midsection line, to the POINT OF BEGINNING. PARCEL IV: A parcel of land being a portion of the Southwest quarter of the Southeast quarter and the Southeast quarter of the Southeast quarter of Section 35, Township 4 North, Range 1 West, Boise- Meridian, Ada County, Idaho and more particularly described as follows: The West 90 rods of the South half of the Southeast quarter of Section 35, Township 4 North, Range 1 West, of the Boise-Meridian. EXCEPTING THEREFROM: A parcel of land being a portion of the Southwest quarter of the Southwest quarter of the Southeast quarter of Section 35, Township 4 North, Range 1 West, Boise-Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a brass cap marking the Southwest corner of the said Southwest quarter of the Southwest quarter of the southeast quarter of Section 35, also said point being the REAL POINT OF BEGINNING; thence North 0°26'49" East 488.00 feet along the Westerly boundary of the said; thence Southwest quarter of the southwest quarter of the Southeast quarter of Section 35 to an iron pin; thence South 89°14'41" East 600.00 feet along a line Northerly of and parallel with the Southerly boundary of the said Southwest quarter of the Southwest quarter of the Southeast quarter of continued 9 ~'1 LEGAL DESCRIPTION CONTINUED Page 4 r+~ FA-126914/MLC Your No. YOUNG LAND/HEWS Section 35 to an iron pin; thence South 0°26'49" West 488.00 feet along a line Easterly of and parallel with the said Westerly boundary of the Southwest quarter of the Southwest quarter of the Southeast quarter of Section 35 to an iron pin on the said Southerly boundary of the Southwest quarter of the Southwest quarter of the Southeast quarter of Section 35; thence North 89°14'41" West 600.00 feet along the said Southerly boundary of the Southwest quarter of the Southwest quarter of the Southeast quarter of Section 35, which is also the centerline of Ustick Road, to the POINT OF BEGINNING. AND EXCEPTING THEREFROM: A strip of land in the South half, Southeast quarter of Section 35, Township 4 North, Range 1 West, Boise-Meridian, and in the North half, Northeast quarter of Section 2, Township 3 North, Range 1 West, Boise-Meridian, for right-of-way purposes along Five Mile Drain, Boise Project, Idaho, more particularly described as follows: Beginning at a point on the North and South quarter section line 103.3 feet North 00° 26' West of the South quarter corner of Section 35, Township 4 North, Range 1 West, Boise-Meridian; thence North 00°26' West 152.0 feet along the North and South quarter section line; thence South 63° 06' East 423.7 feet; thence South 89°52' East 1,109.0 feet; thence South 00°37' East 90.0 feet; thence North 89°52' West 1,231.5 feet; thence North 63°06' West 286.00 feet to a point of beginning. LESS AND EXCEPTING any portion of said property lying within USTICK ROAD. 10 P~~c~~ z PFMDOI 00 M A S T E R U P D A T E Parcel SO435314907 Code Area 242 Type Qty Name YOUNG LANDS LTD 010 88.073 100 .500 Buyer 190 6.000 C/0 310 Address 2420 W USTICK RD 320 990 MERIDIAN ID 83642 - 5428 Last Change : 99/02/19 By : ASR_FRANK Desc. PAR #4907 OF NE45W4 SW4NE4 & NW4SE4 SEC 35 4N 1W #347800-B 04N01W354907 4N 1W 35 Property Address 02420 W USTICK Space # Type 1 REAL Total 4/28/00 08:00:40 Value ACTIVE 124343 25000 Bank Code 168900 Prepaid 40000 L.I.D. 50000- Bankrupt Sub .Code Annexation *NO Notes 308243 Exemption Hardship 0 Zoning RT Flag RD MERIDIAN ID 83642-0000 D.D. Roll 1 PRIMARY Occ. 0 Ac Alt-Z FOR HELP~~ VT100 3 FDX :3 9600 N81 ;3 LOG CLOSED :3 PRINT OFF :~ ON-LINE TAX*MAIN *PUBLIC TAX COLL ECTION SYSTEM (MASTER) 4/28/00 00000 SO435314907 DOCUMENTATION 08:00:48 YOUNG LANDS LTD Bank: Tax Value: X308,243 2420 W USTICK RD Prepaid: H/0: 50,000 MERIDIAN ID 83642-5428 Bankrupt: HA: Sub Code: CB Amt: Bill# 1999110101497 Cd Area: 242 Year BASE CHARGE Hlf NET TAX RECEIVED HALF DUE TOTAL DUE 1999 4157.28 1 2078.64 2078.64- 2 2078.64 2078.64- 1998 4005.70 1 2002.85 2002.85- 2 2002.85 2002.85- 1997 3472.62 1 1736.31 1736.31- 2 1736.31 1736.31- *ACTION 1999 Interest as of 4/28/2000 .0000 CF02-SELECT CF03-EXIT CF05-CALC Alt-Z FOR HELPS VT100 ;3 FDX :~ 9600 N81 3 LOG CLOSED 3 PRINT OFF 3 ON-LINE PFMD01 00 M A S T E R U P D A T E Parcel SO43534bb19 Code Area 242 Type Qty Name YOUNG LANDS LTD 010 21.867 Buyer C/0 Address 2420 W USTICK RD MERIDIAN ID 83642 - 5428 Last Change : 99/11/23 By = ASR_ALLEN Total Desc. PAR #bb19 OF SE4SW4 SEC 35 4N 1W #346b18 346610-C #9150868 9031873 04N01W356619 4N 1W 35 4/28/00 08:01:00 Value ACTIVE 21717 Bank Code Prepaid L.I.D. Bankrupt Sub .Code Annexation *NO Notes 21717 Exemption Hardship 0 Property Zoning RT Flag Address 00000 W USTICK RD MERIDIAN ID D.D. Space # Type 1 REAL Ro ll 1 PRIMARY Occ. 0 Action: F2=Select F3=Exit F5=Co rrctd Notic e Fb=Letters F10=Tax Alt-Z FOR HELPS VT100 ~3 FDX 3 9600 N81 :~ LOG CLOSED3 PRINT OFF 3 ON-LINE TAX*MAIN PUBLIC TAX COL LECTION SYSTEM (MASTER) 4/28/00 00000 SO435346619 08:01:19 YOUNG LANDS LTD Bank: Tax Value: X21,717 2420 W USTICK RD Prepaid: H/0: MERIDIAN ID 83642-5428 Bankrupt: HA: Sub Code: CB Amt: Bill# 1999110101504 Cd Area: 242 Year BASE CHARGE Hlf NET TAX RECEIVED HALF DUE TOTAL DUE 1999 292.90 1 146.45 146.45- 2 146.45 146.45- 1998 298.06 1 149.03 149.03- 2 149.03 149.03- 1997 223.18 1 111.59 111.59- 2 111 .59 111 .59- 1996 208.40 1 104.20 104.20- 2 104.20 104.20- 1995 184.38 1 92.19 92.19- 2 92 .19 92.19- + *ACTION 1999 Interest as of 4/28/2000 .0000 CF02-SELECT C F03-EXIT CF05-CALC Alt-Z FOR HELPS VT100 3 FDX 3 9600 N81 3 LOG CLOSED 3 PRINT OFF :.~ ON-LINE .-. PFMD01 00 M A S T E R U P D A T E Parcel SO435438410 Code Area 242 Type Qty Name YOUNG LANDS LTD 010 33.55 190 4.75 Buyer C/0 Address 2420 W USTICK RD MERIDIAN ID 83642 - 5428 Last Change = 90/04/19 By : ASR2_FAUCE Total Desc. PAR #8410 OF S2SE4 ~~-r ~~ Qri ~ i.i 4/28/00 08:01:53 Value ACTIVE 33488 Bank Code Prepaid L.I.D. Bankrupt Sub .Code Annexation *NO Notes 33488 Exemption 04NO1W358410 4N 1W 35 Hardship 0 Property Zoning RT Flag Address 00000 W USTICK ID D.D. Space # Type 1 REAL Ro ll 1 PRIMARY O cc. 0 Action: F2=Select F3=Exit F5=Corrct d Notice F6=Letters F10=Tax Alt-Z FOR HELP~~ VT100 3 FDX 3 9600 N81 :."~ LOG CLOSED :.3 PRINT OFF 3 ON-LINE TAX*MAIN *PUBLIC TAX COL LECTION SYSTEM (MASTER) 4/28/00 00000 SO435438410 08:02:02 YOUNG LANDS LTD Bank: Tax Value: X33,488 2420 W USTICK RD Prepaid: H/0: MERIDIAN ID 836 42-5428 Bankrupt: HA: Sub Code: CB Amt: Bill# 1999110 101513 Cd Ar ea: 242 Year BASE CHARGE Hlf NET TAX RECEIVED HALF DUE TOTAL DUE 1999 451.66 1 225.83 225.83- 2 225.83 225.83- 1998 460.64 1 230.32 230.32- 2 230.32 230.32- 1997 338.74 1 169.37 169.37- 2 169.37 169.37- 1996 315.42 1 157.71 157.71- 2 157.71 157.71- 1995 281.64 1 140.82 140.82- 2 140.82 140.82- + *ACTION 1999 Interest as of 4/28/2000 .000% CF02-SELECT CF03-EXIT CF05-CALC Alt-Z FOR HELP~~ VT100 3 FDX 3 9600 N81 3 LOG CLOSED 3 PRINT OFF ~~ ON-LINE .. -- __ . _ ~~. ~x ~ ~ _ _.~ ,- u,R ". -,,~~ 4 t`1 T J~ ",A."`~N,'7'Sfi~ ~~P~ry' C ~:}"~ r'~t }'N' ,. +,~si - t!a r.' - f `s"--:_ "."r-'"+°T.1"'w-gy'm'.'..°T. o-' ; y ` i 'C' ~`yy~}t..pµ.. r~.. 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YP` =C`'~T7C~'~'~('cr `C 's+?r~_~ ?T'q--- ; ... ..-_.._~..v._.-..a.._.a.`.. ......_.-..._ ~:_ ^., ~ ,,~. i~_ - --'+'~•------r-~+= = TV' e:!<-rrr-~~-Y . --~ roc _ .. ti` M ~esYnntw.~. ~.~v-~-r+.cw...v.w rte. .sFO .e.: P.M. r RfCORDIF~aJ,"a.-ftgQUEST F ADA COUNTY EAACpROER ,~,,,~ v ~~ aas~ N~NORO FEf~FUTY IDAHO POWER - MCMIL~A~ ~~ . ~{~AT ROADS g 9 0 416 7 5 CROSSING AGREEMENT This Crossing License Agreement ("Agreement") is entered into and made effective this ~O~day of /'~~ ~ , 1999, by and between Settlers Irrigation District ("District"), an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, and Idaho Power Company, an Idaho corporation ("Licensee' WITNESSETH: WHEREAS, the District owns and maintains a system of canals, including the Lemp Canal and the South Slough Canal, for purposes of delivering and removing irrigation water to and from its landowners, together with easements to convey water in such canals, easements for ingress and egress and for the operation, inspection, maintenance, and repair of the canals; WHEREAS, the Licensee desire to obtain a license ("Lemp License") from the District for the construction, operation, inspection, maintenance, and repair of an overheazd electrical power distributing line ("Power Line") which will cross over the Lemp Canal and run within the Lemp Canal Right-of--Way within the following areas: Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho: Section 35, NW '/a NW '/a; NE '/a NW %a; NW '/a NE '/a; NE '/a NE '/a; Section 36, NW '/a NW ''/a; NE '/a NW ''/a; NW '/a NE '/a; NE %a NE %. Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho: Section 30, SW'/a SW 1/a; SE 1/a SW'/a; SW'/a SE'/a; SE'/a SE'/a, as more particularly described in Exhibit A, attached hereto and incorporated herein, in order to provide electric power to customers in its service territory; WHEREAS, the District desires to grant the Lemp License to the Licensee for purposes of constructing, operating, inspecting, maintaining, and repairing said Power Line; IDAHO POWER - MCMILLAN AND BLACK CAT ROADS CROSSING AGREEMENT - 1 G:\Thm\ W PDATA~3220~56\00002-agreement. wpd WHEREAS, the Licensee also desires to obtain a license ("South Slough License") from the District for the construction, operation, inspection, maintenance, and repair of the Power Line which will cross over the South Slough Canal within the SW %. SW '/4, Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as more particularly described in Exhibits B and C, attached hereto and incorporated herein, in order to provide electric power to customers in its service territory; WHEREAS, the District desires to grant the South Slough License to the Licensee for purposes of constructing, operating, inspecting, maintaining, and repairing said Power Line; NOW THEREFORE, in consideration of the mutual benefits to be received by the District and Licensee and other good and valuable consideration, which consideration is hereby acknowledged by the parties, and the promises, covenants, agreements, and conditions hereinafter set forth, the parties agree with one another as follows: Grant of Lemp License -The District hereby grants the Lemp License to Licensee for purposes of constructing, operating, inspecting, maintaining, and repairing said Power Line crossing the District's Lemp Canal and the Lemp Canal Right-of--Way, subject to and subordinate to any and all property rights the District may have in the Lemp Canal. Licensee expressly acknowledges and agrees that this Lemp License does not grant Licensee the right to install any property or equipment, except as may be described in this Agreement, or the right to impair any rights of the District or others in the use of the Lemp Canal. This grant is expressly conditioned upon the prior receipt by Licensee of any and all necessary approvals from governmental entities and private parties for its activities to be performed under the terms of this Agreement. 2. Grant of South Slough License - The District hereby grants the South Slough License to Licensee for purposes of constructing, operating, inspecting, maintaining, and IDAHO POWER - MCMILLAN AND BLACK CAT ROADS CROSSING AGREEMENT - 2 G :\Thm\ W PDATA~3220~56100002-agfeemeot wpd /'1 repairing said Power Line crossing the District's South Slough Canal, subject to and subordinate to any and all property rights the District may have in the South Slough Canal. Licensee expressly acknowledges and agrees that this South Slough License does not grant Licensee the right to install any property or equipment, except as may be described in this Agreement, or the right to impair any rights of the District or others in the use of the South Slough Canal. This grant is expressly conditioned upon the prior receipt by Licensee of any and all necessary approvals from governmental entities and private parties for its activities to be performed under the terrns of this Agreement. 3. Term of Grant of Licenses -The term of the Lemp License and the South Slough License shall commence upon the effective date of this Agreement and shall continue for so long as Licensee's Power Line is in place and Licensee is in compliance with the terms of this Agreement. The District reserves the right to revoke the Lemp License or the South Slough License, or both of them, effective upon written notice to Licensee thereof, should Licensee at any time fail to comply with the terms of this Agreement. 4. Construction. Inspection. Maintenance. and Repair of Crossing Site and Power Line -Licensee, following execution of this Agreement by the parties, may commence construction of the Power Line crossings as described herein. Licensee may conduct periodic maintenance and repair of the Power Line, following written notice thereof to the District, as may be reasonably necessary. In case it becomes necessary to repair the Power Line due to an emergency, Licensee shall not be required to provide prior written notice to the District. Licensee shall bear all costs and expenses for such construction, installation, maintenance, and repair. Licensee, shall perform all work in connection with construction, installation, maintenance, and repair of the Power Line in a workmanlike manner. IDAHO POWER - MCMILLAN AND BLACK CAT ROADS CROSSING AGREEMENT - 3 G:\Thm\ WPDATA\3220156\00002agisemea4wpd Any construction or other activities by Licensee which may impede or impair the flow of water through the Canal may only be performed between November 1 and March 15. Representations and Warranties (a) Licensee -Licensee represents and warrants that: (i) it is a corporation incorporated and in good standing in the State of Idaho; (ii) it has the capacity to enter into and perform its obligations under this Agreement; (iii) all actions required to authorize Licensee to enter into and perform this Agreement have been properly taken; (iv) this Agreement has been properly executed and delivered by Licensee and is valid and binding upon Licensee in accordance with its terms; and (v) Licensee has obtained all permits, licenses, and acknowledgments required to conduct its activities under the terms of the Agreement. (b) District -The District represents and warrants that: (i) the District is an irrigation district organized and existing under and by virtue of the laws of the State of Idaho; (ii) the District has the capacity to enter into and perform the District's obligations under this Agreement; (iii) all organizational and other actions required to authorize the District to enter into and perform this Agreement have been properly taken; and (iv) this Agreement has been properly executed and delivered by the District and is valid and binding upon the District in accordance with its terms. 6. Indemnity -Licensee agrees to protect, defend, indemnify, and hold the District and its officers, directors, employees, members, and agents harmless from and against any and all liability, suits, losses, damages, claims, actions, costs, and expenses of any nature, including court costs and attorney fees, arising from or out of any acts or omissions of Licensee or its agents related to or in connection with its activities under this Agreement and the exercise of any rights or performance of any obligations by Licensee hereunder. Furthermore, Licensee agrees to protect, indemnify, and hold the District and its officers, directors, employees, members, and IDAHO POWER - MCMILLAN AND BLACK CAT ROADS CROSSING AGREEMENT - 4 G.'•TIumWPDATA 32?0~56'vO0J2-agrccnic~~t-wpJ ~'1 agents harmless from and against any and all liability, suits, losses, damages, claims, actions, costs, and expenses of any nature, including court costs and attorney fees, arising from or out of water quality violations, flooding, or any interruption or interference with the flow of water in the Lemp Canal and/or the South Slough Canal caused by any act or omission of Licensee or its agents. 7. No Liens -Licensee shall allow no liens as a result of any labor performed or materials supplied in connection with the activities of Licensee, or its agents or contractors, to attach to the Lemp Canal or the South Slough Canal or to any adjacent lands held by the District. Binding Agrreement -The promises, covenants, conditions, and agreements herein contained shall be binding on each of the parties hereto and on all parties and on all persons claiming under them or any of them; and the rights and obligations hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. 9. Further Consideration - In further consideration for inducing the District to grant the Lemp License and the South Slough License, the Licensee agrees to be responsible for and pay any attorney fees and costs incurred by the District in the preparation of this Agreement. 10. No Waiver -The failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party's right to enforce any provision or exercise any right. 11. Attorney Fees - In the event of any suit or proceeding by either party herein against the other party arising out of this Agreement or in connection with the activities of Licensee, or its agents or contractors, under this Agreement, the nonprevailing party in such suit or proceeding shall pay to the prevailing party such sum or sums as the court shall adjudge reasonable for attorney fees and costs, including such fees and costs on appeal. IDAHO POWER - MCMILLAN AND BLACK CAT ROADS CROSSING AGREEMENT - 5 G : ~'Ihm\ W P DATA~3220\5 610000 2-agroeme nt. wpd 12. Interpretation -The validity, meaning, and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. l 3. Notices -All notices permitted or required to be given under the terms of this Agreement shall be in writing and shall be deemed effective upon receipt if sent by first class mail, postage prepaid, and addressed to the respective party hereto as follows or at such other address as a party designates in writing: Settlers Irrigation District PO Box 7571 Boise, ID 83707-7571 Idaho Power Company Attn: Thomas Wicher PO Box 70 Boise, ID 83707 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date first set forth above. IDAHO POWER COMPANY Thomas Wicher, Supervisor T & D Design SETTLERS IRRIGATION DISTRICT By: Don S i chger, President of its Board of Directors Attest: Vicki Keen, Secretary/Treasurer IDAHO POWER - MCMILLAN AND BLACK CAT ROADS CROSSING AGREEMENT - 6 G:1Thm\ W P DATA\3220156\00002-agmmeot wpd STATE OF IDAHO ) ) Ss. County of ~n,~ ) On this ~Q day of ~~O~i L , 1999, before me, the undersigned notary public in and for said state, personally appeared Thomas Wicher, Supervisor, T & D Design, of Idaho Power Company, known or identified to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she has the authority to execute and executed the same for the purposes therein contained on behalf of Idaho Power Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. • }'_ J. ~~ ~ C,, V' - N o~ ~ `G ,r~•. Jp L .-c- .~ '~- . rf nr ~~, ~' STATE nF IDAHO ) ss. County of Canyon ) Notary YUb11C to Residing at Commission expires On this ~ day of 1999, before me, the undersigned notary public in and for said state, persona y appeared Don Smitchger, President of the Board of Directors of Settlers Imgation District, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, known or identified to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he has the authority to execute and executed the same for the purposes therein contained on behalf of Settlers Irrigation District. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. n ~ ~(~~ ~ ~ ~9'~I`L MBr~~ Notary bli f Cr4 ~~T AR y Residing t ~ Commission Expires +.~ G ~- * pupL1 ~p +r,~ rs o4 do IDAHO POWER - MCMILLAN AND BLACK CAT ROADS CROSSING AGREEMENT - 7 G:\Thm\ WPDATAU220\S 6\00002agTeement wpd STATE OF IDAHO ) ss. County of Canyon ) On this ~ day. of , 1999, before me, the undersigned notary public in and for said state, person ly appeared Vicki Keen, Secretary/Treasurer of Settlers Irrigation District, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, known or identiSed to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she has the authority to execute and executed the same for the purposes therein contained on behalf of Settlers Irrigation District. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. n ~ ~ ~~ ~g,S~L ~ Y~ Ga- ~~ AR Y ~ ~~~ G ~r~~og~ Commission Expires IDAHO POWER - MCMILLAN AND BLACK CAT ROADS CROSSING AGREEMENT - 8 G:1Thm\ WpDATAU 220156\00002-ag[eemenc wpd EXHIBIT A 1. Transmission System, Black Cat-Locust 138KV, Idaho Power Co., prepazed by Sharp & Smith, Inc., Engineers & Surveyors, Sheet 9; 2. Transmission System, Black Cat-Locust 138KV, Idaho Power Co., prepazed by Sharp & Smith, Inc., Engineers & Surveyors, Sheet 10; 3. Transmission System, Black Cat-Locust 138KV, Idaho Power Co., prepazed by Sharp & Smith, Inc., Engineers & Surveyors, Sheet 11; 4. Transmission System, Black Cat-Locust 138KV, Idaho Power Co., prepazed by Sharp & Smith, Inc., Engineers & Surveyors, Sheet 12; 5. Transmission System, Black Cat-Locust 138KV, Idaho Power Co., prepared by Sharp & Smith, Inc., Engineers & Surveyors, Sheet 13; and 6. Transmission System, Black Cat-Locust 138KV, Idaho Power Co., prepazed by Sharp & Smith, Inc., Engineers & Surveyors, Sheet 14. ExxrBIT A EXHIBIT B ,''~ Transmission System, Black Cat-Locust 138KV, Idaho Power Co., prepared by Sharp & Smith, Inc., Engineers & Surveyors, Sheet 3 EXHIBIT B ~ ~ ~i ~ I 1 v o m n Z v I~ 0 lu .'9 ni N N O ` Q (~1 C ~ ~1 j Z m~ 1!1 ~ z~ _ O ~ A m ~~ ~ i < . ~ ~ ~li ~ O~ ~ v ~ ..~ m L t ~ ' ~ ~ I T' ~ u n D i Z v ~~ D ~ ~ ~ r .~ I ~ Z ~ ~ •.~ ~ I I n ~ c ~ 0 I,s_'~' ~ Z V / ~ ~ ~ Z ~ I v ^ V m ~ O v i '~ m w Q V T I 1 m n IN I D ~ C ~ z o ~ l D ~ 1 I Z c!J ,..., rn ~ r- n ~ l I ~' I I I ~ r+-i o ~ i N{ $ Vl ? I I ,,, I If 1 ~ ~ v x z mi ~ I N I I I'' I I o ~ > -~ ~~ zi ~ i I I ~ I I ~ ~~$ I~ o ~ J 1 ~ I Im ~ ~ ~: ~ I m I° I n I~ IA ~ ~ ~ ~I ~ _ I I ~ ~ ~ I I I Io I N I I~ -c $ o ~ I ~ I I~ ~ I~ Ic, 1-~ o -' ~ I N ~' I I I I~ l" ~, Io N I I`O j 1 I~ I I~ m ~ I I I p I ~ j~ v ~ j ~ ~ ~ Z I I ~ I I~ I ~ o I I ~ I I I I ~ I I EXHIBIT C rt f'ix Value Received FIRST AMERICAN Bctly L. Tully, a widow hcrrinaftcr referred to as Grantor, does hereby gran[, bargain, sell, and convey unto ---- - ~. . "`;-' FEE.? ` DEFUT`r' _. ... 2030 ~P-4 hi~ll~3't 1000?_5307 WARRANTY DEED E. L. Bews and Shirley G. Bcws, husband and wife hcrcinalicr rcfe;rrcd to as Grantee, whose current address is 5204 Sorrento Circle -Boise, ID 83704 the following duscribcd premises, [o-wit: SEE EY.HIBIT "A" ATTACHED TiERETO AND MADE A PART HEREOF. fo 11,\VE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, his heirs and ;~ssi~ns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the rnvncr in fcc simple of said premises; that said premises arc free from all encumbrances except current years lairs, levies, ;md assessments, and except ll.S. Patent reservations, restrictions, easements of record, and c;isrmaus visible upon the premises, and that Grantor will warrant and defend the same from all claims ~aha~soc~rr. Dated: April 3, 2000. ~.~~ ~• Br-' ty L. lly S'1',A'fl~ Of' IDAl10 ) SS. (~OttNTVOr- AD/A ) On 'I his ~j L~f d;iy o(April, in the year 2(x)0, before me, a Notary Public in and for said State, personally ~4~I"'~~~r~l 13cuy L. Tully, known or identified to me to be the person(s) whose name(s) is su cribed to the within In.titrumcnt, and acknowledged to me that she exec e same. C~ .,~5 ~~1 ~~ ~~~~''~., otary Public of Idaho _ ,S~'~., Residing at Boise, ID `~^t.) r ~ ~ ~ '., Commission expires: 7/25/2005 -T`y ~~ < •°OOOe°°~°OJ-J First Ahrericrrrr Tjtle Comp~rny of jdolto r EBHIBIT "A" A tract of land situated in the Southeast Quarter of the Southwest Quarter of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: Beginning at the South quarter corner of Section 35, the REAL POINT OF BEGINNING; thence South 89°49'40" West along the South line of said Section 35 a distance of 688.00 feet; thence North 5°08'40" East a distance of 464.21 feet; thence South 63°35'40" East a distance of 720.45 feet to a point on the center quarter line; thence South 0°26'00" Bast a distance of 143.87 feet to the REAL POINT OF BEGINNING. LE88 AND BBCEPTING the East 18 feet thereof. ALSO LESS AND EBCEPTING therefrom a narrow strip of land 30 feet wide along the North boundary of said above described parcel of land. ALSO LESS AND EBCEPTING therefrom a portion deeded to UNITED STATES OF AMERICA by Warranty Deed, recorded in Book 120 of Deeds at Page 49, records of Ada County, Idaho. June 22, 2000 `~.; ~~ ~ ~~ Becky BOWCUtt Decky Bwcutt Planning Services 11283 W Hickory Dale Boise !D 83713 RE: Subdnrision Name Reservation - BRIDGETOWER SUBDIVISION LC}`~~~. ,~ $~~,~ ~,,^ a~ _ :, ~ ~' 4 ~~ <.. ~r~~ Dear Becky At your request I will reserve the name "BRIDGETOWER SUBDIVISION" for you to use for your project. I can honor this reservation only as long as your project is in the approval process. Final approval can only take place when the final plat is recorded. Sincerely, ~F~' John E. Priester, P.E.L.S. County Engineer Ji•-ijl DRAFT DECLARATION OF PROTECTIVE RESTRICTIONS AND COVENANTS OF BRIDGETOWER SUBDIVISION DEVELOPER: PRIMELAND DEVELOPMENT CO. LLP U!?CLAIZAT[ON Oh COVENANTS, ;".;UNVI"PIONS, ANU IZES"P1ZIC'I'IONS POR SOUTHPOINT SUBDIVISION THIS DECLARATION is made on the last date hereinbelow set forth, by Boulder Creek Associates, L.L.P., an Idaho Limited Liability Partnership, hereinafter referred to as "Declarant". WHEREAS, Declarant is the owner of certain real property in the County of Ada, State of Idaho, hereinafter referred to as the "property", more particularly described as follows: WHEREAS, Declarant desires to place covenants, conditions, and restrictions on the property to protect value, attractiveness, compatibility, and conformity of the use of the various lots and common areas; NOW, THEREFORE, Declarant hereby declares that all of said property is and shall be held and conveyed upon and subject to the easements, conditions, covenants, restrictions, and reservations hereinafter set forth. Said easements, covenants, restrictions, conditions, and reservations shall constitute covenants to run with the land and shall be binding upon all persons claiming under them, and shall inure to the benefit of and be limitations upon all future Owners of said property or any interest therein. ARTICLE ONE Definitions 1.1 "I~ssociation" shall mc~n end refer to Southpoi.nt I~omeowners Association, Inc., an Idaho non-profit corporation, its successors and assigns. 1.2 "Declarant" shall mean and refer to Boulder Creek Associates, L.L.P., an Idaho Limited Liability Partnership, its successors and assigns, if such successors or assigns should acquire more than one (1) undeveloped lot from- the Declarant for -the purpose of development. Declaration of Covenants, Conditions, and Restrictions for Southpoint Subdivision -Page 1 1_~ "Lot" si.aii mean and refer to any plot of laud shown upon any recorded subdivision map of the property. A "corner lot" is one that is bounded by street to the front of the lot and by another street to the side of the same lot. 1.4 "Common Area" shall mean all lots (including improvements thereon) owned by the Association for the common use, enjoyment, or benefit of all Owners. The specific common area lots are more particularly described in Article Ten to this Declaration. 1.5 "Member" shall mean and refer to every person or entity who holds membership in the Association. 1.6 "Mortgage" shall mean and refer to any mortgage or deed of trust, and "mortgagee" shall mean and refer to the mortgagee under a mortgage or the beneficiary under a deed of trust, and "mortgagor" shall mean and refer to the mortgagor of a mortgage or the grantor of a deed of trust. 1.7 "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of fee simple title to any lot which is a part of the property, including contract buyers, but excluding those holding a mortgage or those persons otherwise claiming an interest in a lot as security for the performance of an obligation. 1.8 "Plat" shall mean the recorded plat of Southpoint Subdivision, official records of Ada County, Idaho. 1.9 "Setback" shall mean and refer to the minimum distance between the lawful location of a residence on a lot from a given street or road or from a lot line as provided by the plat of Southpoint Subdivision. 1.10 "Architectural Control Committee" shall mean a designated t~.nincorporated association of three individuals to be appointed by the Declarant, whose function shall be to review and approve or disapprove each application for the construction of a residence on a lot and to take those other actions authorized by this Declaration. l.ll "Water District" shall mean Nampa and Meridian Irrigation District, who shall supply water and related services through a pressurized water system, according to Article Six, and pursuant to that certain. agreement between Nampa and Meridian Irrigation District and Declarant recorded as Instrument No. records of Ada County, Idaho., Declaration of Covenants,.Conditions, and Restrictions for Southpoint Subdivision -Page 2 ,,~ '"'~ l.l:' "1lighway District" shall mean Ada County Ifighway District or "ACRD" who shall operate and maintain storm drainage facilities located in public rights of way subject to those limitations set out in Article Four. ARTICLE TWO General Restrictions 2.1 Lands use. Each lot shall purposes and shall not be business, or professional permitted as follows: be used solely for residential used for the conduct of trade, activities, except as may be a. Those business activities which may be conducted through a "home office" or telephone sales services or the like, which have no visual business appearance can be conducted as long as they are otherwise permitted by the laws of the City of Boise in an R-I residential zone; and b. The Declarant is authorized to construct a building which may be used as a subdivision sales office or temporary office quarters for business activities pertaining to the development and/or sales of lots; and c. The construction trades shall be permitted to construct or use temporary facilities used solely for the purpose of aiding in the construction of a residence on a lot which use will be eliminated after the construction is complete. 2.2 Residence Construction. Each Owner, including any contractor, builder, or agent for an Owner, intending to construct a residence or improve an existing residence on any lot shall do so only if the following conditions have been met: a. The Owner shall first submit an application for construction authority to the Architectural Control Committee ("ACC") and receive from the ACC its written approval, according to the provisions of Article Nine. 17. r,,cl, residence constructed on a lot shall be a single- family" dwelling as defined by building codes applicable to Ada County and shall have a garage with at least two (2) bays suitable for vehicle storage. c. A residence shall only be constructed if the Owner, including any contractor, builder, or agent acting on behalf of the Owners, has obtained a building permit from Ada County and any other governmental agency with ...Declaration of Covenants, Conditions, and Restrictions fQr Southpoint Subdivision -Page 3 ~ ~ jur~~diction over residential construction ~_>i. ,, i<~L, i.. addition to ACC approval. d. All residential construction, including outbuildings and all other residential accommodations, shall strictly follow all of the covenants, conditions, and restrictions in this Declaration. 2.3 Setbacks and Utility Corridors. Each dwelling shall be constructed within the minimum setback regulations as established by Ada County and/or those that are described on the plat. An Owner shall not place any permanent obstruction in a utility corridor identified on the plat. 2.4 Landscaping. The following provisions shall govern the landscaping of all lots in Southpoint Subdivision: a. The Owner at his sole lot to be landscaped style, size, and value shall include, as a mi front, side, and back planting. and separate cost shall cause the in a style complimentary to the of the residence which landscaping nimum, providing for lawn areas in yards either by sod or grass seed b. All landscaping, including connections to the pressurized irrigation system, shall be fully installed and completed within one hundred eighty (180) days after completion of the residence on the lot. Completion of the residence shall mean a state of completion sufficient to obtain an occupancy permit. c. In the event an Owner shall-fail to provide minimum landscaping, the Declarant and/or the Association may cause the minimum landscaping to be completed at the Owner's cost and may file a lien for that value and recover any cost advanced in the same fashion as is provided for non payment of assessments as set out in Article Five. 2.5 Fences. Declarant intends to construct a perimeter fence around t!~e boundaries of the property. An owner may elect at his sole and separate cost to construct a lot fence but only if the following conditions are met: a. A fence may be constructed on a lot (other than a corner lot)-but the fence shall not extend into the front yard nor beyond a line running parallel to the front of the main residence (excluding porches and/or architectural detailings); and Declaration of Covenants, Conditions, and Restrictions for Southpoint Subdivision -Page 4 i . 1~ "I~lig}iway District" ;;hall mean Ada County Highway Uisf.rict oz: "ACHD" who shall operate and maintain storm drainage facilities located in public rights of way subject to those limitations set out in Article Four. ARTICLE TWO General Restrictions 2.1 Lands use. purposes and business, o permitted as Each lot shall shall not be r professional follows: be used solely for residential used for the conduct of trade, activities, except as may be a. Those business activities which may be conducted through a "home office" or telephone sales services or the like, which have no visual business appearance can be conducted as long as they are otherwise permitted by the laws of the City of Boise in an R-I residential zone; and b. The Declarant is authorized to construct a building which may be used as a subdivision sales office or temporary office quarters for business activities pertaining to the development and/or sales of lots; and c. The construction trades shall be permitted to construct or use temporary facilities used solely for the purpose of aiding in the construction of a residence on a lot which use will be eliminated after the construction is complete. 2.2 Residence Construction. Each Owner, including any contractor, builder, or agent for an Owner, intending to construct a residence or improve an existing residence on any lot shall do so only if the following conditions have been met: a. The Owner shall first submit an application for construction authority to the Architectural Control Committee ("ACC") and receive from the ACC its written approval, according to the provisions of Article Nine. b. r,,ch residence constructed on a lot shall be a "single- family" dwelling as defined by building codes applicable to Ada County and shall have a garage with at least two (2) bays suitable for vehicle storage. c. A residence shall only be constructed if the Owner, including any contractor, builder, or agent acting on behalf of the Owners, has obtained a building permit from Ada County and any other governmental agency with Declaration. of Covenants, Conditions, and Restrictions fqr South point Subdivision -Page 3 jur~;;diction over residcl~tial construction ~>n a lot., ii~~ addition to ACC approval. d. All residential construction, including outbuildings and all other residential accommodations, shall strictly follow all of the covenants, conditions, and restrictions in this Declaration. 2.3 Setbacks and Utility Corridors. Each dwelling shall be constructed within the minimum setback regulations as established by Ada County and/or those that are described on the plat. An Owner shall not place any permanent obstruction in a utility corridor identified on the plat. 2.4 Landscaping. The following provisions shall govern the landscaping of all lots in Southpoint Subdivision: a. The Owner at his sole lot to be landscaped style, size, and value shall include, as a mi front, side, and back planting. and separate cost shall cause the in a style complimentary to the of the residence which landscaping nimum, providing for lawn areas in yards either by sod or grass seed b. All landscaping, including connections to the pressurized irrigation system, shall be fully installed and completed within one hundred eighty (180) days after completion of the residence on the lot. Completion of the residence shall mean a state of completion sufficient to obtain an occupancy permit. c. In the event an Owner shall fail to provide minimum landscaping, the Declarant and/or the Association may cause the minimum landscaping to be completed at the Owner's cost and may file a lien for that value and recover any cost advanced in the same fashion as is provided for non payment of assessments as set out in Article Five. 2.5 Fences. Declarant intends to construct a perimeter fence around the boundaries of the property. An owner may elect at his sole and separate cost to construct a lot fence but only if the following conditions are met: a. A fence may be constructed on a lot (other than a corner lot) but the fence shall not extend into the front yard nor beyond a line running parallel to the front of the main residence (excluding porches and/or architectural detailings); and Declaration of Covenants, Conditions, and Restrictions for Southpoint Subdivision -Page 4 b. !~ fence may be constructeU on a ~:orncr lot buL the fence on the side bounded by the street may not be closer than fifteen feet (15') to the street right of way on the side parallel to the street side; and c. If the lot is an exterior lot (a lot where the back yard abuts the subdivision perimeter fence), then the owner must use the perimeter fence as the owner's back fence; and d. Every fence shall be six feet in height, the vertical pickets shall be 4" dog-eared cedar, with cedar 4" x 4" posts exposed to the view from the outside of the lot; and e. The cedar fence may be sealed or clear finished but shall not be painted or stained. 2.6 Nuisances. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the other lot Owners. 2.7 Signs. No sign of any kind shall be displayed to the public view on any lot except one sign of not more than five (5) square feet advertising the property for sale or rent, or signs used by a builder or the Declarant to advertise the property during a construction and sales period. The names of resident Owners may be displayed on a name and address plaque attached to the residence. 2.8 Garbage and Refuse Disposal. No lot shall be used or main- tained as a dumping ground for rubbish. Trash, garbage, or other waste shall not be kept except in sanitary containers. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. 2.9 Permitted Use of Vehicles and Recreational Equipment. An Owner shall not park any business or commercial vehicle greater in size than three-quarters (3/4) of a ton unless the same is fully garaged. An Owner shall not park on ar.y lot or adjacent street a vehicle which is not operable or which is non-working or unsightly. An Owner shall not park a vehicle with a "for sale" sign on any lot or adjacent street. An Owner may store or park recreational equipment, such as boats, snowmobiles, trailers, motorcycles, and the like, in a rear yard if and only if the rear yard is fenced and the recreational equipment when parked cannot be visually observed above the height of the fence by a person standing at street level. Declaration of Covenants, Conditions, and Restrictions for South point Subdivision -Page 5 ~'~. ~'"~ .~.i~~ Motor ~iornes/Recreational Vehicles. except Lor Liic purpose of loading or unloading, an Owner shall not park or store motor homes or "RV's", on a lot or adjacent street unless the same is fully garaged. A visitor of any Owner shall be permitted to park a motor home at the Owner's lot or dwelling for a period not to exceed six (6) days. 2.11 Hazardous Activities. No activity shall be conducted on or in any residence, lot, or common area which is or might be unsafe or hazardous to any person or property. Without limiting the generality of the foregoing, no firearm shall be discharged upon said property, and no open fire shall be lighted or permitted on any property except in a self-contained barbecue unit while attended and in use for cooking purposes, or within a safe and operational interior fireplace. 2.12 Lights and Sound, Generally. No Owner shall install lights which omit an offensive glare, however, an Owner may install a yard or security light which can be continuously operated by the Owner from one hour after dusk to one hour before dawn. No sound shall be emitted from any lot which is unreasonably loud or annoying, and no odors shall be emitted on any lot which are noxious or offensive to others. 2.13 Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs, cats, or other household pets may be kept provided that they are not kept, bred, or maintained for any commercial purpose and provided that the keeper of such pets complies with all county laws, rules, and regulations. All dogs, cats, or household pets shall be properly fed and cared for. Dogs shall not be allowed to run at large, and no dog, cat, or other household pet may be kept which unreasonably bothers or constitutes a nuisance to other Owners of lots. An Owner may construct a dog run on his lot provided that the dog run is not more than six feet (6') in width, not more than ten feet (10') in length, and not more than six feet (6') in height and is not placed closer than fifteen feet (15') from a side or rear lot line and is no closer to the front of a front lot than a point where the Owner could construct a fence under paragraph 2.5 above. 2.14 Reconstruction. In any case where it is necessary to reconstruct a residence or make any improvement to a residence on a lot, that reconstruction or improvement shall be prosecuted diligently, continuously and without delay from time of commencement thereof until such structure is fully completed, unless prevented by cause beyond control and only for such time as such cause continues. Declaration of Covenants, Conditions, and Restrictions for South point Subdivision -Page 6. AIZ"1'ICLE 'T'HREE Utilities and Utility Easements 3.1 Utility Services. All lots shall be served with underground utility lines for power, gas, water, sewer, and telephone services; which utilities shall be installed in the streets or in the platted easement rights-of-way. The costs of bringing these services to the Owner's lot are the sole and separate cost of the Declarant and Declarant is entitled to recover any and all connection fees or escrowed funds advanced by Declarant, if any, to bring these services to the lots of the subdivision. The Owners, or the Owner's builder constructing an Owner's residence, shall be liable for any additional costs for final hookups charged by a utility company as a condition precedent to final connection as well as any other utility service not supplied by Declarant. 3.2 Platted Easements. Declarant reserves a right-of-way or easements as shown and noted on the plat of the subdivision for the purpose of constructing water mains, electric distribution lines, sewer lines, gas pipelines, and such other public utilities as may be necessary, convenient, and desirable for the Owners of lots within the subdivision. ARTICLE FOUR Homeowners Association 4.1 Organization of Association. The Southpoint Homeowners Association, Inc. ("Association") shall be organized by Declarant as an Idaho corporation under the provisions of Idaho Code relating to general non-profit corporations and shall be charged with the duties and invested with the powers prescribed by law and set forth in the articles of incor- poration, by-laws, and this Declaration. Neither the articles of incorporation nor the by-laws shall, for any reason, be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. 4.2 Membership. Each lot Owner (including Declarant), by virtue of being such an Owner and for so long as such ownership is maintained, shall be a member of the Association. Membership in the Association shall not be assignable except to the successor in interest of an Owner, and each membership in the Association shall be appurtenant to the lot owned by such Owner. Membership in the Association shall not be trans- ferred, pledged, or alienated in any way except upon the transfer of title to said lot, and then only to the transferee of title to said 'lot. Any attempt to make a prohibited transfer of membership shall be void and will not be reflected on the records of the Association. Declaration of Covenants, Conditions, and Restrictions for Southpoint Subdivision -Page 7 .~'~ '''~ 9.s Masses of Voting Members. The Association shall have two classes of voting membership; however, all votes shall be equal and counted as such, except where voting by separate classes may otherwise be provided in the Articles and Bylaws of the Association of this Declaration., a. Class A members shall be Owners with the exception of the Declarant (during the period when the Declarant is a Class B Member). Each Class A member shall be entitled to one vote for each lot owned. When more than one person is an owner of a lot, all such persons shall be members. The vote for such lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any lot. b. The sole Class B member shall be the Declarant, who shall be entitled to three votes for each lot owned. Class B membership shall cease and be converted automatically to Class A membership (one Class A membership for each lot owned) upon the happening of either of the following events, whichever occurs earlier: (i) When seventy-five percent (750) of the lots have been conveyed by deed to Owners other than Declarant; or (ii) On January 15, 2000. 4.4 Board of Directors and Officers. The affairs of the Associa- tion shall be conducted by a Board of three Directors and such officers as the directors may elect or appoint, in accordance with the articles of incorporation and by-laws. The initial Board of Directors of the Association shall be appointed by the Declarant as the incorporator and shall hold office until the first annual meeting, at which time a new Board of Directors shall be elected in accordance with the provisions set forth in the by-laws. 4.5 Powers of the Association. The Association shall have all the powers of a non-profit corporation.organ.ized under the general non-profit corporation laws of the State of Idaho, subject only to such limitations upon the exercise of such powers as are expressly set forth in the articles of incorporation, the by-laws, and this Declaration. The Association shall have the power to do any and all lawful things which may be authorized, required, or permitted to be done by it under this Declara- tion, the articles of incorporation, and the by-laws, and to do and perform any acid a.ll acts which may be necessary or proper for, or incidental to, the proper management and Declaration of Covenants, Conditions, and Restrictions for Southpoint Subdivision -Page 8 ~"~ operation o~ and tree perL~riu;ince of ttie ottier_ re:,p~nsibilities herein assigned, including without limitation: a. Assessments: The power to levy assessments (monthly, special, and limited) on the owners of lots and to force payment of such assessments, all in accordance with the provisions of this Declaration. b. Right of Enforcement: The power and authority from time to time, in its own name, on its own behalf, or on behalf of any Owner or Owners who consent thereto, to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of this Declaration or the articles of incorporation or by-laws, including the Association rules adopted pursuant to this Declaration, and to enforce by mandatory injunction or otherwise all provisions hereof. c. Delegation of Powers: The authority to delegate its power and duties to committees, officers, employees, or to any person, firm, or corporation to act as manager. Neither the Association nor the members of the Board of Directors shall be liable for any omission or improper exercise by the manager of any such duty or power so delegated. d. Emergency Powers: The Association or any person authorized by it may enter upon any lot in the event of any emergency involving illness or potential danger to life or property, or when necessary in connection with any maintenance or construction for which the Association is responsible. Such entry shall be made with as little inconvenience to the Owner as is practicable, and any damage caused thereby shall be repaired by the Associa- tion and at its sole cost and expense. e. Association Rules. The power tc adopt, amend, and repeal by majority vote of the Board of Directors suct-. rules and regulations as the Association deems reasonable (the "Association rules") The Association rules shall govern the use of the common areas by the Owners, families of an Owner, or any invitee, licensee, lessee, or contract purchaser of an Owner; provided, however the Association rules may not discriminate among Owners and shall not be inconsistent with this Declaration, the Articles of Incorporation, or the By-laws. A copy of the Association rules, as they may from time to time be adopted, amended, or repealed, shall be mailed or otherwise delivered to each owner.. Upon such mai'ing or delivery to all Owners and posting upon the common areas, said Association rules Declaration of Covenants, Conditions, and Restrictions for South point Subdivision -Page 9 ~"` shall leave Lhe same Lorce and effect as i f ~hcy were set= forth in and were a part of this Declaration. In the event of any conflict between any Association rule and any other provision of this Declaration or the Articles or By-laws, the provisions of the Association rules shall be superseded by the provisions of this Declaration, the Articles, or the By-laws to the extent of any such inconsistency. f. Licenses, Easements, and Rights-of-Way. The power to grant and convey to any third party such licenses, easements, and rights-of-way in, on, or under the common areas as may be necessary or appropriate for the orderly maintenance and preservation of the health, safety, convenience, and welfare of the owners, or for the purpose of constructing, erecting, operating, or maintaining: (i) Underground lines, cables, wires, conduits, and other devices for the transmission of electricity for lighting, heating, power, telephone, and other purposes; (ii) Public sewers, storm drains, water drains and pipes, water systems, sprinkling systems, water, heating, and gas lines or pipes; and (iii) Any similar public or quasi-public improvements or facilities. The right to grant such licenses, easements, and rights- of-way are hereby expressly reserved to the Association. 4.6 Duties of the Association. In addition to the powers granted to it by the articles of incorporation and this Declaration, and without limiting the generality thereof, the Association or its agent, if any, shall conduct all general business affairs of common interest to all Owners including the following: a. Operation and Maintenance of Common Area.- Operate, maintain, and otherwise manage or provide for the operation, maintenance, and management of any common area, including the repair and replacement of property damaged or destroyed by casualty loss, and all other property acquired by the Association. (i) Maintenance and cost of operation and replacement of all street lamps, street lights, and decorative lighting is the responsibility of the Association geclaration of Covenants, Conditions, and Restrictions_for Southpoint Subdivision -Page 10 ,.~. .-~. until such time as the property is annexed by thc~ City of Boise (ii) Maintenance of the boundary fence around the perimeter of the property (including repair or replacement of damaged sections and maintaining paint in good repair) is the responsibility of the Association. b. Taxes and Assessments. Pay all real and personal property taxes and assessments separately levied against the common area owned and managed by the Association or against the Association and/or any property owned by the Association. Such taxes and assessments may be contested or compromised by the Association, provided, however, that such taxes and assessments be paid or a bond insuring payment be posted prior to the sale or disposition of any property to satisfy the payment of such taxes or assessments. In addition, the Association shall pay all other taxes, whether federal, state, or local, including income or corporate taxes levied against the Association in the event that the Association is denied the status of a tax-exempt corporation. c. Water and Other Utilities. Acquire, provide, and/or pay for water, sewer, garbage disposal, refuse and rubbish collection, electrical, telephone, and gas and other necessary services for the common area and other property owned or managed by it. d. The Association may, but shall not be required to, obtain policies of insurance from reputable insurance companies authorized to do business in the State of Idaho, and to maintain in effect the following types of policies of insurance: (i) Comprehensive public liability insurance insuring the Board of Directors, the Association, the Declarant, the individual owners, and the agents and employees of each of the foregoing, against any liability incident to the ownership and/or dse of the common area or other property owned or managed by the Association. (ii) Such other insurance, including Worker's Compensation Insurance to the. extent necessary to comply with all applicable laws, directors and officers liability insurance, and such .indemnity, faithful performance, fidelity, and other bonds as the Board of Directors shall deem necessary or Declaration of Covenants, Conditions, and Restrictions. for Southpoint Subdivision -Page 11 r. required to carry out the Association's functions or to insure the Association against any loss from malfeasance or dishonesty or any employee or other person charged with the management or possession of any Association funds or other property. (iii) Insurance premiums for the above insurance coverage shall be deemed a common expense to be included in the annual assessments levied by the Association. e. Pressurized Irrigation System. Provide for the use of common area use of this system in concert with Nampa and Meridian Irrigation District. f. Operation and Maintenance of Drainage Facilities. It is the primary responsibility of the Highway District (ACRD) to operate and maintain all storm drainage facilities located in public rights of way. However, when any part of the storm drainage system falls outside of the street right of way, the responsibility of operation and maintenance of the portion of the system lying outside of right of way shall belong to the Association. The storm drainage system for the property subject to this Declaration consists of catch basins, seepage beds and monitoring wells. These facilities can be seen on construction plans for the Southpoint Subdivision which are incorporated by reference and are on file at ACRD. This provision shall detail what portions of the storm drainage system is ACHD's responsibility and what portions is the Association's responsibility. Monitoring Wells. The monitoring wells shall be inspected by the Association three times a year on May 15, August 15, and November 15, as follows: Groundwater monitoring well: Remove the lid and probe the well to determine a) if them is a water table present and b) if so, what is its elevation. If it's determined that there is a water table present above the bottom of the sand layer, report the findings to the Maintenance Division of ACHD. If determined by ACRD, the affected bed may have to be reconstructed above the water table. Also, if water is found in any monitoring well, the Association should retain a professional engineer to Declaration of Covenants, Conditions, and Restrictions for Southpoint Subdivision -Page 12. represent the Association in wh~it~~~ver discussions occur with the ACRD. If the storm drainage run off into the catch basins appear sluggish, it may be necessary to clean the pipe between the sand and grease traps and the seepage beds. However, if storm run off is not freely draining into catch basins, call the ACHD for maintenance of their facilities in the street right-of-way. If the drainage problems persist after ACHD completes their cleaning, the Association shall clean the 12" pipe using high pressure jetting. Seepage Beds. Routine maintenance of the seepage beds is not necessary. However, it is important to limit the landscaping over the beds by complying with the limitations shown on the final plat. Definition of Heavy Maintenance. Heavy maintenance is defined as periodically inspecting and cleaning the facility when sediment levels exceed designed storage levels. 4.7 Personal Liability. No member of the Board of Directors or any committee of the Association, nor any officer of the Association, nor the manager if any, nor the Declarant, shall be personally liable to any Owner or to any other party, including the Association, for any damage, loss, or prejudice suffered or claimed on account of any act, omission, error, or negligence of the Association, the Board of Directors, the manager if any, or any other representative or employee of the Association, the Committee, or any other committee, or any officer of the Association, or the Declarant, provided such person has, upon the basis of such information as may be possessed by him, acted in good faith without wilful or intentional misconduct. 4.8 Dissolution. In the event the Association is dissolved, the assets of the Association shall be dedicated to a public body or conveyed to another non-profit organization with similar purposes. ARTICLE FIVE Covenant for Assessments 5.1 Creation of Lien and Personal Obligation for Assessments. The Declarant hereby covenants with each lot Owner within the property that by acceptance of a deed from Declarant, and whether or not it is expressly stated in said deed, that each Declaration of Covenants, Conditions,.and Restrictions for Southpoint Subdivision -Page 13 lot Owner shall agree to pay to the Association, the following: a. All regular assessments for specified services and maintenance as set forth in 5.3; and b. All special assessments for specified services and maintenance as set forth in 5.4. Each assessment, together with interest accrued thereon shall be a charge on the lot Owner's land and shall create a continuing lien upon the Owner's lot against which each assessment is made from and after the date the assessment is due. Each assessment shall bear interest at the rate of thirteen (13$) per cent annum to accrue after the due date until fully paid. Additionally, each assessment and accrued interest shall be the personal obligation of the Owner of the lot assessed at the date of assessment and may be collected by judicial action in the nature of a delinquent open account, which action may be in lieu of or in addition to the foreclosure of the lien created against the Owner's lot. The personal obligation for delinquent assessments shall not pass to an Owner's successor in title unless expressly assumed by the successor. Any collection action, whether it be by lien foreclosure and/or by action on a delinquent account shall require the Owner of the lot assessed to also pay reasonable attorney fees and court costs to be included as a part of the debt to the Association. Prior to bringing an action to foreclose the continuing assessment lien granted by this Article, the Association shall cause a notice of lien claim to be prepared and filed of record with the Ada County Recorder's office and shall send a copy by certified mail to the delinquent lot Owner. The cost of preparing, filing and mailing this claim of lien, including a reasonable attorney fee incurred by the Association, shall also be the cost of the delinquent lot Owner and shall be recovered from the lot Owner. 5.2 Initial Assessment. Each lot sold by Declarant shall be subject to a one-time initial assessment of $150.00 to be paid by the first true consumer-owner to the Declarant. This initial assessment shall not be paid by an owner-builder but shall pass through to the consumer-owner at a closing of a sale by the builder-owner. The Declarant, or if applicable, the owner-builder shall instruct the c.los.ing agent to make direct payment of this initial assessment to the Declarant in the same manner as other purchaser closing costs are paid. Declaration of Covenants, Conditions, and Restrictions for South point Subdivision -Page 14 ~ ~'~, ~._~ Regular Periodic Assessments. Each lot Owner shall a]_so be assessed and pay a regular periodic assessment to begin to accrue 30 days after the issuance of a certificate of occupancy, which regular assessments are to be used by the Association for the purpose of maintenance of the common area lots, paying costs incurred for policies of insurance purchased by the Association, and/or providing for any other regular business activities of the Association. The Association may elect to collect these periodic assessments on a monthly, quarterly, semi-annual, or annual basis, as it deems appropriate. The beginning assessment annualized for the year 1997 shall be $ based upon an estimate made by the Declarant for the cost of services anticipated. This periodic assessment can be automatically increased by the Directors of the Association by as much as 20$ per year beginning with the year commencing January 1, 1998. It may be increased by more than 20o by a majority vote of the members at a meeting called for that purpose by the Directors. 5.4 Special Assessment for Repairs, Operations, or Maintenance. In addition to the regular periodic assessments, the association, by the majority vote of its members at a meeting called for that purpose, may make any special assessment for a specific one-time cost or expense benefiting the common lot areas or for some common interest or purpose benefiting all members. 5.5 Notice of Action under Section 5.3 and 5.4. Written notice of any meeting called for the purpose of taking any action authorized under Section 5.3 and/or 5.4 of this Declaration shall be sent to all members not more than fifty (50) days nor less than ten (10) days in advance of the meeting. 5.6 Miscellaneous Assessment Information. The directors shall annually re-establish the amount of the regular periodic assessment per lot each November of each year and shall send written notice of that re-assessment to each Owner thirty (30) days before the effective date of the re-established regular periodic assessment. The Association shall, upon request and for a reasonable charge, furnish a certificate signed by officers of the Association stating whether or not assessments by the requesting Owner are current. 5.7 Effect of Nonpayment of Assessments and Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall be deemed to be delinquent and shall bear interest from the due date at the rate of thirteen (13$) per cent per annum. The Association may bring an action at Declaration of Covenants, Conditions, and Restrictions for South point Subdivision -Page 15 law ag~.:inst the Owner personally obligated to pay the delin- quent assessment or may record and foreclose a lien against the property. No Owner may waive or otherwise escape liabili- ty for the assessments provided for herein by non-use of the common area or abandonment of his lot. 5.8 Subordination of Assessment Liens to Mortgages. The lien of any unpaid assessment shall be subordinate to any first mortgage or deed of trust against a lot. No mortgagee of a mortgage or beneficiary of a deed of trust shall be required to collect any unpaid assessment. The failure of a lot Owner to pay assessments shall not constitute a default under a mortgage or deed of trust. Sale or transfer of a lot shall not affect the assessment lien, nor shall the transferee in such sale or transfer be relieved from liability for any assessment thereafter becoming due or from the lien thereof. ARTICLE SIX Special Boise City Requirements 6.1 Location of Subdivision. Declarant notes that the land described on page one of these Declarations is not as of the recording of this Declaration, land within the City limits of the City of Boise. Nevertheless, the City of Boise claims that this land is within its "area of impact" and that it has the lawful authority to impose additional requirements to these Declarations as well as to approve the form of this Declaration. In that regard, the following are specific requirements of the City of Boise: a. In the event that an Owner's lot is connected in the future to the Boise City public sewer system, the lot Owner shall: (1) Agree to pay standard monthly sewer charges; (2) Submit to ar. inspection by either the Department of Public Works or the Building Department as regards the connection; (3) The lot Owner consents to an enforcement action by the City of Boise for a follow up of the requirements of (1) and/or (2); and b. The recording of the plat shall be deemed and construed as a request by Declarant to have the property annexed by the City of Boise; and c. That if private street lights are installed by the Declarant, that the use, control, and maintenance of Declaration of Covenants, Conditions, and Restrictions for South point Subdivision -Page 16 these private street lights shall be approved by the City of Boise and the Homeowners Association shall agree to control and maintain theses private street lights until such time as the property has been annexed by the City of Boise. ARTICLE SEVEN Solar Access Conditions and Restrictions. 7.1 The City of Boise requires that all of Article Seven entitled "Solar Access Conditions and Restrictions" must be included. a. Definitions. (1) Exempt Tree. Any preexisting vegetation as defined in Article II, Section B or any vegetation included on the list of solar friendly vegetation kept by the City of Boise's Public Works and Community Planning and Development Departments. (2) Front Lot Line. The line represented by the connection of the most distant corners of a lot, including flag lots, where said corners are in common with the boundary of a public or private road. For corner lots, the front lot line is designated on the plat. (3) North Slope. The gradient, in percent slope, from the average finished grade of the front lot line of the shade restricted lot to the average finished grade of the solar lot line of a solar lot. The slope must be downward or decreasing in elevation from south to north. (4) Restricted Vegetation. A tree or other vegetation which is either evergreen, or if deciduous, tends to retain its leaves late in the fall and/or drop them late in the spring, or has a dense branching pattern which generally tends to block a high level of the sun's rays during the heating season. Refer to the list of "solar friendly" trees on file with the Boise City Public Works and the Community Planning and Development Departments. (5) Shade. That portion of the shadow cast by the shade point of a structure or vegetation which exceeds the 11.5 foot fence at the solar lot line at solar noon, January 21. Declaration of Covenants, Condition, and Restrictions for Southpoint Subdivision -Page 17 /'~, ~ (6) Shade Point. That part of a structure, tree or_ object, on a shade restricted lot, which casts the longest shadow (the most northerly shadow) when the sun is due south on January 21st at an altitude of twenty-six (26) degrees above the horizon, except a shadow caused by a narrow object such as a chimney, antenna, utility pole, wire, etc. (7) Shade Point Height. The vertical distance of height measured from the average elevation at the solar lot line to the shade point. If the shade point is located at the north end of a ridge line of a structure oriented within 45 degrees of a geodetic north-south line, the shade point height computed according to the preceding sentence may be reduced by 3 feet. If a structure has a roof oriented within 45 degrees of a geodetic east-west line with a pitch which is flatter than 6 feet (vertical) in 12 feet (horizontal), the shade point will be the cave of the roof. If such a roof has a pitch .which is 6 feet in 12 feet or steeper, the shade point will be the peak of the roof. (8) Shade Restricted Lot. Any lot within the subdivision that is southerly of and adjacent to a solar lot. These lots have some restriction of vegetation types and structure height. (9) Solar Friendly Vegetation. A tree or other vegetation which is included on the solar friendly vegetation list by the City of Boise's Public Works and Community Planning and Development Departments. (10) Solar Lot. A lot so designated on the recorded plat of Southpoint Subdivision which has the following characteristics: (a) The front line is oriented within thirty (30) degrees of a geodetic east/west bearing; (b) The lot to the immediate south has a north slope of ten (10) percent or less; (c) Is intended for the construction of above ground inhabited structure. (11) Solar Lot Line. The most southerly boundary of a solar lot: the line created by connecting the most distant southerly corners of the solar lot. Declaration of Covenants, Conditions, and Restrictions for Souttipoint SutxJivision -Page 18 ~ ~ (121 Solar Setbacks. The minimum distance, measured perpendicular in a southerly direction, from the center of the solar lot line to the shade point of a structure or to restricted vegetation based upon its height at maturity on the shade restricted lot. b. Restrictions. (1) Shade Restriction. Each lot within the subdivision which is classified as a shade restricted lot shall have the following restrictions: Any structure or restricted vegetation (solar unfriendly) cannot cast a shadow higher than an imaginary fence 11.5 feet above the solar lot line on solar noon of January 21st when the sun is at an angle of 26 degrees above the horizon. This sun angle at noon on January 21 causes structures, vegetation, and other objects to cast a shadow twice as long as their height. The height of the shade point of a structure on the shade restricted lot is limited to 19 feet at the 15 foot rear yard zoning setback in order that the 11.5 foot high "solar fence" at the property line of the shade restricted lot is not exceeded. These standards assure that a structure built to the 15 foot rear yard zoning setback, on the solar lot located to the north, will not be shaded more than 4 feet above grade on its south wall on January 21 at solar noon. (2) Preexisting Vegetation. Restricted vegetation (solar unfriendly), which existed when the subdivision was platted is exempt from the provisions of these covenants, conditions, and restrictions. Any lot which would be shaded beyond the allowed shade limit by such vegetation shall not be classified as a solar lot. (3) Slope Exemption. Any lot with an average finished grade slope along the north-south lot dimension greater than ten (10) percent shall be exempt from the terms and conditions of these covenants, conditions, and restrictions. (4) Solar Setbacks. Each separate structure and item of restricted vegetation shall have a solar setback dependent on and calculated by its shade point height. All shade restricted lots shall have the following solar setback (in feet) _ [shade point height in feet)-11.5'] x 2. Table 1 below shows a peclaration of Covenants, Conditions,.and Restrictions for South point Subdivision -Page 19 ~^. ~ few examples of so'.ar setbacks for given shade point heights: SOLAR SETBACKS REQUIRED FOR A GIVEN SHADE POINT HEIGHT shade point solar height setback 10' 0' 15' 7' 20' 17' 25' 27' 30' 37' (5) Solar Friendly Vegetation. Certain vegetation is considered ~~solar friendly" and is not restricted as regards to location on individual lots. Such vegetation is deciduous, droppings its leaves early fall and regaining them during late spring. Such vegetation also has sparse branching which allows high levels of sunlight to penetrate through. This growth cycle produces a shading during summer but allows sun to penetrate during winter. A list of acceptable solar friendly trees is maintained by the Boise City Public works and Community Planning and Development Departments. (6) Solar Access Rights, Duties, and Responsibilities. (i) Solar Access Rights. The owner(s) of solar lots shall have the right to unobstructed solar access in accordance with these .covenants, conditions, and restrictions. (ii) Solar Access Duties. The Owner(s) of any lot shall not build, install, or otherwise allow a structure or not solar friendly tree on that lot to cast more shade at their solar lot line than permitted under these solar access covenants, restrictions, and conditions. (7) Miscellaneous. (i) Enforcement and Non-Waiver. Any lot owner shall have the right, but not the obligation, to enforce, by any proceeding at law or in equity, any violation or threatened violation Declaration of Covenants, Conditions, and Restrictions for South point Subdivision -Page 20 of a provision of this Article 7. The failure of any person to enforce any covenant or restriction contained in Article 7 shall be deemed a waiver of the rights granted herein, unless suit is instituted prior to the completion of construction or installation of the alleged violating improvement or dwelling. Waiver of one breach does not constitute waiver of any other breach. Declarant assumes no obligation or duty whatsoever to enforce, monitor, or insure compliance with the terms, conditions, and restrictions of this Article 7 and Declarant shall not be liable or responsible to the City of Boise, any lot owner, builder, or other party whatsoever as a result of any violation or threatened violation of the restrictions of this Article 7. Enforcement of this Article 7 shall be handled by the City of Boise or the individual lot owners of the Southpoint Subdivision. (ii) Severability. Invalidation of any one of these covenants or restrictions in this Article 7 by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect. (iii) Duration and Applicability to Successors. The covenants, conditions, and restrictions set forth in this Article 7 shall be in effect as provided by these covenants, shall run with the land, and shall inure to the benefit of and be binding upon the Declarant and all lot owners in the subdivision and their successors in interest. (iv) Amendment. This Article 7 may be amended by the action of the owners of a majority of the lots in the subdivision affected by such amendment provided the amendment does not reduce the amount of solar access protection provided to the subdivision and the amendment is approved by the City of Boise. f#RTICLE EIGHT Pressurized Irrigation System 8.1 Pressurized Irrigation System and Assessments. Each Owner understands that the Declarant has entered into an agreement with the Nampa and Meridian Irrigation District, whereby the Declaration of Covenants, Conditions, and Restrictions for Southpoint Subdivision -Page 21 ''~ ~ water district has agreed to provide pressurized water service to each lot in the subdivision, and each lot Owner will receive an assessment from the water district for that service whether or not the water is actually used. Additionally, the Water District is obligated to operate, maintain, and repair the pressurized system and may also levy and collect additional annual assessments against each lot served by the system to defray the cost and expense of such operation, maintenance, repair or replacement in a manner specified in the agreement. This agreement is recorded as Instrument No. records of Ada County, Idaho, and is incorporated in this Declaration by reference. 8.2 Prohibitions. Lot Owners are prohibited from making any cross connection or tie in between the irrigation water system and their domestic water system. WATER FROM THE IRRIGATION WATER SYSTEM IS NOT DRINKABLE; EACH LOT OWNER SHALL BE RESPONSIBLE TO ENSURE THAT IItRIGATION WATER WITHIN THE BOUNDARIES OF ffiS/HER/THEIR LOT IS NOT CONSUMED BY ANY PERSON OR USED FOR CULINARY PURPOSES. Lot Owners shall not construct any ditch, drain, well or water system upon any lot or common area. 8.3 Use and Rules. The Association, through its Directors, unless otherwise established by Nampa and Meridian Irrigation District, may establish and serve on each lot Owner a set of rules establishing the use of this irrigation water including time of use and duration, recognizing that the system will not permit all lots to use the irrigation water simultaneously. The Association may also elect or contract for hire a water master to designate a rotation schedule. The Owner agrees to follow these rules and the schedules set by a water master. ARTICLE NINE Architectural Control In order to protect the quality and value of the homes built in the project and for the continued protection of the Owners thereof, an Architectural Control Committee (ACC) is hereby established consisting of three members to be appointed by Declarant as long as Declarant owns lots in the project. Thereafter, the Architectural Control Committee shall be appointed by the Board of Directors of the Association. 9.1 Approvals Required. No building, residence, or residential outbuilding of any type shall be commenced, erected, or installed upon any lot until the plans and specifications Declaration of Covenants, Conditions, and Restrictions for South point Subdivision -Page 22 showing the nature, kind, shape, configuration, height, materials, location of the same and such other detail as the ACC may require (including but not limited to any electrical, heating, or cooling systems), shall have been submitted to and approved in writing by the ACC. The ACC may consider such subjective criteria as compatibility with surrounding structure design as well as objective criteria as to the quality of materials, exterior residence and trim paint color, roof material and color, and engineering in making an approval or disapproval. The following specific criteria must also be met: a. The Owner's exterior paint and trim colors must be selected from the ACC's preapproved color combination book; and b. The Owner's roofing material must be a 25-year architectural grade composition with a color selected from the ACC's preapproved color book; and c. Any storage shed must not be greater than ten feet (10') by twenty feet (20') by ten feet (10') in height from the ground to the top of the roof ridge and the surface materials, the roofing, and the color scheme shall be identical to the residence building, unless a specific waiver is obtained from the ACC. In the event the ACC fails to approve, disapprove, or specify the deficiency in such plans, specification and location within thirty (30) days after submission to the ACC in such form as they may require, approval will not be required and this Article will be deemed to have been fully complied with. 9.2 Enforcement. The ACC may in its own name or direct the Association to exercise all available legal and equitable remedies available to prevent or remove any unauthorized or unapproved construction or improvements on any lot or property or any portion thereof. In the event the ACC exercises its right to remove or restrain the violation of any rule, the ACC shall recover liquidated damages not to exceed $500.00 in addition to its attorney fees and court costs as a means to reimburse those ACC members for their time and effort. 9.3 Waivers. The approval of any plans, drawings, or specifications for any plans, improvements, or construction, or for any matter requiring the approval of the ACC shall not be deemed a waiver of any right to withhold approval of any similar plan, drawing, specifications, or matter subsequently for approval. Declaration of Covenants, Conditions, and Restrictions for South point Subdivision -Page 23 r ~'~, 9.4 Liability. Neither the ACC nor any member thereof shall be liable to the Association, to any Owner, or to any other party for any damage suffered or claimed on account of any act, action, or lack thereof, or conduct of the ACC or the respective members thereof, acted in good faith on the basis of information they then possessed. ARTICLE TEN Common Areas Declarant intends to establish several common areas for the mutual benefit of all Owners. These common areas are designated in the final plat of Southpoint Subdivision as Lot 1, Block 1, Lot 1, Block 2, Lot 1, Block 3, Lot 1, Block 5, Lot 1, Block 6, Lot 1, Block 9, hereinafter referred to as Group 1 - Common Area Lots, and Lot 1, Block 4, Lot 7, Block 4, Lot 20, Block 4, Lot 1, Block 7, Lot 11, Block 5, Lot 1, Block 8, Lot 1, Block 10, hereinafter referred to as Group 2 - Common Area Lots and Storm Drain Seepage Area Beds. The use, control, and maintenance of these common areas shall be as follows: 10,1 Group 1 lots are center street islands and open areas. 10.2 Group 2 lots are drainage and open areas. 10 . 3 Common Rights . Each lot Owner shall have an in common and perpetual access easement with all other Owners for use within the purposes set forth above, which use and easement shall run with the Owner's lot. 10.4 Declarant's Conveyance. Declarant shall convey title to these common area lots to the Association before FHA/HUD insures any mortgage on any other lot, which title shall be free and clear of any liens or encumbrances other than those indicated on the Plat and/or as set forth herein. 10.5 Association's Duty to Maintain. In addition to other duties required of the Association, the Association shall maintain all common area lots. No individual liability shall be imposed on Declarant or any Owner for damages to a common area, except to the extent that his direct negligence is the cause of that damage. 10.6 Mortgage on Common Area. No mortgage shall be placed on a common area lot without the written consent of two-thirds (2/3) of all lot Owners, excluding the consent of Class B member-owners. If a mortgage is placed on a common area lot, it shall be subject to and inferior to the use and easement rights granted to all Owners. Declaration of Covenants, Conditions, and Restrictions for Southpoint Subdivision -Page 24 r r~ 10.7 Easements for Improvements in a Common Area. Declarant reserves access to the common area to construct and establish improvements and landscaping as Declarant deems appropriate. Irrespective of this reservation, Declarant shall not be the owner of these improvements nor shall Declarant be required to maintain a common area. That responsibility shall be the responsibility of the Homeowners Association. The Association however shall have the sole and exclusive right to determine the nature of all improvements that Declarant may choose to construct unless there is a special reservation in this Declaration. ARTICLE ELEVEN Future Development and Annexation 11.1 Annexation. Declarant presently intends, or may hereafter intend, to annex and develop property adjacent to property hereinabove described to be known as Southpoint Subdivisions #2, #3, and #4. The annexed property may at Declarant's sole discretion, be used and developed for any purpose allowed under appropriate zoning regulations. Such annexed property may be brought within the provisions of this Declaration by Declarant, its successors or assigns at any time and from time to time, without the approval of any owner, the Association, or the Association's Board of Directors. 11.2 Additional Properties. Subject to the provisions of Section 11.1 above, all provisions contained in this Declaration shall apply to the annexed property in the same manner as if it were originally covered by this Declaration, subject to such modifications, changes, and deletions as may be specifically provided in any Supplemental Declaration as described in Section 11.3 below. All Owners of lots located in the annexed property shall become members of the Association, and shall have all rights and duties of an Association member, from and after the recordation of the first deed conveying a lot within the annexed property from Declarant to an individual purchaser of a lot in the annexed property. 11.3 Procedure for Annexation. The annexation of additional property authorized under Section 11.1 above shall be made by filing of record a Supplemental Declaration, or other similar instrument, particularly describing the property being annexed, which instrument shall be executed by Declarant or the owner of the annexed property, and state the intent that the general plan and scheme of this Declaration shall be extended to the additional property described subject to such changes, modifications, deletions, and additions as are applicable to such additional property set forth in the Supplemental Declaration. Such Supplemental Declaration may Declaration of Covenants, Conditions, and. Restrictions for Southpoint Subdivision -Page 25 ~ ~ '/~ ~~ contain such additions, modifications, or declarations of the covenants, conditions, restrictions, reservations of easements, and equitable servitude contained in this Declaration as may be deemed by the Declarant to be desirable to reflect the different character, if any, of the annexed property or as Declarant may deem appropriate in the development of the annexed property. The filing of record of said Supplemental Declaration shall constitute and effectuate the annexation of the property described in the Supplemental Declaration, and thereupon such annexed property shall become and constitute a part of the property as described hereinabove and shall become subject to this Declaration and encompassed within the general plans and scheme of covenants, conditions, restrictions, reservation of easements, and equitable servitude contained herein and as modified by such Supplemental Declaration for the annexed property, and further shall become subject to the functions, powers, and jurisdiction of the Association, and the Owners of lots in the annexed property shall immediately become members of the Association. 11.4 Designation of Common Area. Any common area and common facilities designated by Declarant as such on the plat of the newly annexed additional property or in the Supplemental Declaration applicable thereto, or which may be acquired by or conveyed to the Association by Declarant, shall be subject to the same easements or other rights for the use and enjoyment of the Owners as for the other Owners of lots subject to this Declaration. 11.5 Approval for Annexation. In addition to the foregoing requirements, and as long as there is Class B membership in the Association, annexation must have HUD/VA approval before becoming effective. ARTICLE TWELVE General Provisions 12.1 Enforcement. The Association, as well as any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 12.2 Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise Declaration of Covenants, Conditions, and Restrictions for South point Sutxiivision -Page 26 12.3 Term. The covenants and restrictions of this Declaration shall run with and bind the land for a term of twenty (20) years from the date this Declaration is filed of record. After completion of the initial term of twenty (20) years, this Declaration shall be automatically extended for successive periods of ten (10) years. affect any other provision hereof, and all other provisions of this Declaration shall remain in full force and effect. 12.4 Amendment. This Declaration may be amended only with the written approval of two-thirds (2/3) of the Owners. However, as long as there is a Class B membership, the amendment of these articles will require the approval of HUD/VA. IN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration of Covenants, Conditions, and Restrictions this day of January, 1997. BOULDER CREEK ASSOCIATES, L.L.P. By Member-Partner STATE OF IDAHO County of Ada SS. On this day of January, 1997, before me, the under- signed, a Notary Public in and for said State, personally appeared the of Boulder Creek Associates, L.L.P., an Idaho limited liability partnership, known to me to be the person who executed the within and foregoing instrument for and on behalf of said limited liability partnership, and acknowledged to me that said limited liability partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for Idaho Residing at Commission expires Declaration of Covenants, Conditions, and Restrictions for Southpoint Subdivision -Page 27 i'~. A,~SOCIATED EARTH SCIENCES INC. BIOLOGY "GEOLOGY - ENGINEERING ~ SOIL SURVEYS • SOIL AND WATER QUALrrY 'RESOURCE PLANNING AND SITE INVES[7GATIONS 4b% Edgewater Drire Boise, Idaho 83709 June 14, 2000 Ed Bews 5204 Sorrento Circle Boise, ID 83704 Dear Ed: Four test holes were examined and described on the proposed Bridgetower Subdivision located in a portion of the S2SE of Section 35, T.4N., R.1 W., B.M., characteristics and internal drainage conditions were noted and logged on theattached field sheet, The purpose of this investigation was for placement of storm drainage facilities. Free water (water table) was found in test holes TH1, TH3 and TH4 at depths of 67", 84", and 84", respectively. Test hole TH2 had no free water (water table) to a depth of 115". Ten foot long PVC pipes were installed in each of the test holes so that water table depths can be measured and recorded through the irrigation season. Water table measurements should be taken at two-week intervals from June 15 until October 15 2000. I expect the water table levels to rise until about the third week in August and then lower when irrigation starts to slow down. When water is shut out of the canals (about October ltt) I would expect the water tables to drop rapidly. I have estimated soil permeability for each soil layer identified (see attached field sheet). The soil permeabilities were wed on the basis of soil texture, soil structure, density (porosity), and other characteristics of the horizons in the soil profile. Commonly, the percolation rate of a soil is set by the least permeable horizon (layer) in the soil profile. Monitoring the four test holes for water table maximum height will give a basis for the type of storm drainage facility that will be acceptable. Soil characteristics, texture, structure, density, clay content, etc., also should be considered in the design (see attached field notes). If you have any questions about this report, please call me at (208) 672-9213. Sincerely, ~~ M'./ s1.J ' Glen H. Logan Certified Professional Soil Scientist .-~. .-. AES Soil Evaluation Evaluation Date 6/13/2.000 Requested By Briggs Engineerna for Ed Bews Address 5204 Sorrento Circle City Boise State Idaho Zip Code 83704 Phone (208) 375-4.341 Lot Size - Bedrooms - Parcel 60+ Acres Legal Description Part of S2SE Section 35 T.4N. R.1W. B.M. Ada County, Idaho Pit THl - ~-...~ Pit TH2 ~ .~ . ,.," ct1L ~.r~7A Pit TH3 0-12" Silt loam (10% clay), 0-15" Silty clay loam (30% 0-13" Loam (15% clay), lOYR 2/2, many fine clay), I OYR 3/4, 10YR 3/4, many fine, and few medium many fine, few few medium and roots, estimated medium and coarse coarse roots, estimated permeability 2"/hr. roots, estimated permeability 2"!hr. permeability .5- 12-28" Silty clay loam (30% 1 "/hr. 13-23" Gravelly and cobbly clay), compact, lOYR silt loam (20-25% 3/3, few fine roots, 15-27" Silty clay loam (30% clay), iOYR 4/4, estimated clay), compact, common fine and few permeability .1-.5"11rr. strong blocky medium roots, " structure, IOYR 4/4, estimated permeability 28-40 Silty clay loam (30- common fine roots, 1 "/hr. 35% clay), l OYR 4/6, estimated no roots, estimated permeability .1- 23-36" Gravelly and cobbly permeability .02- .5"/hr. sandy clay loam (25- .OS"/hr. 30% clay}, IflYR 4/3, 27-35" Fine sandy loam few fine and medium 40-48" Weakly cemented silt (15% clay), l OYR roots, estimated loam (15% clay), 4/6, few fine roots, permeability .5-1 "/hr. compact, lOYR 5/4, estimated no roots, estimated permeability 4-6"/hr. 36-48" Extremely graveity permeability .OS- and cobbly loamy • 1 "mr• 35-47" Very gravelly fine medium sand (5% sandy loam (5% clay), IOYR 4/6, few 48-67" Weakly cemented clay), I OYR 4/4, few fine and medium very compact, no fine roots, estimated roots, estimated roots, estimated permeability 8- permeability 15"/hr. permeability <.02"/hr. 10"/hr. 48-85" Extremely gravelly 67-80" Extremely gravelly 47-85" Extremely gravelly and cobbly loamy loamy medium sand loamy medium sand medium sand (<5% {<5% clay), (<5% clay), clay), l OYR 4/6, no variegated color, no variegated color, few roots, estimated roots, estimated fine roots, estimated permeability 15 "/hr. permeability 15"/lrr. permeability 15"/hr. 85-120" Extremely gravelly 80-120" Extremely gravelly 85-115" Extremely gravelly and cobbly coarse coarse sand (0% sandy loam ( 5-10% sand (0% clay), clay), variegated clay), lOYR 4/4, no variegated color, no color, no roots, roots, estimated roots, estimated estimated permeability 6-8"/hr. permeability 20"/hr. eabili 20"/hr. riuwuvuai tutu: TH 1 - Free water (water table) below 67" depth. TH2 - No free water (water table) to a 1 I S" depth. This test hole is about 50' from the deep 5-mile drain. TH3 - Free water (water table) at 84" depth. AES Soil Evaluation Evaluation Date 6/13/2000 Requested By BricrcTS Engineerna for Ed Bews Address 5204 Sorrento Circle City Boise State Idaho Zip Code 83704 Phone {208) 375-4341 Lot Size - Bedrooms - Parcel 60+ Acres Legal Description Part of S2SE Section 35 T.4N. R.1W. B.M. Ada County, Idaho Gl nr~A n _ i s. _ , - -- Pit TH4 .~~a1ua ~=u ny ~~ en H. Lo an CPSS 0-14" Loam (15% clay), lOYR 3/4, many fine roots, estimated permeability 2"/hr. 14-36" Silty clay loam (30% clay), lOYR 3/4, few fine roots, estimated permeability .S-1 "/hr. 36-SS" Loam (15-20% clay), lOYR S/4, compact, no roots, estimated permeability .S-I "/hr. SS-8S" Sandy loam (1S% clay), lOYR S/4, no roots, estimated permeability 8-10"/hr. 85-118" Extremely gravelly loamy medium sand (<S% clay), variegated color, no roots, estimated rmeabili 1 S "/hr. Additional Info: TH4- Free water (water table) at an 84" depth. Saturated below 54". JIIN-Z2-~ 13=a3 ~IGGS Eh~IhEERItdG~ IIJC. .~ 1?~3a5~.~0 P.@~ '' ~,n7 ~_ ~ ~:. .. ~ ` - 2}2730; ~ ', ' ~`t - i ~. r:d _ t~~. ~ mac' 46~ 4 _ r ~~ 1~ r~ r i!4 i~ir 7 i ~~ ;{ I a t X' '< '~ ~... ~ ~ _ { ~.; - ___ _ _ t '~so~azaeoa ". i . . ..! . FBh3 E'L 8 _ ~ • ~ 7 CL ± S. _F . -.. 1 ..t - ~ L tY ~ 1t,~~ {2} Cs~~ 1• .~ l~.:~ 1 V7 f• Y ~ a4'. ~ ~`t :r !;-;` l f v J 'ri ~r <F ~ '#s~ '~ Z. ti 'lb 3- ~~~~:~7I ', V - - ~Y7`.; -~I Ys ~ ~ ~ f F rL 59~53ZSW0 ~ r t 3- i 1 .yt 'v 'L a~ r t__` r fKIS1CE7 tKYSrw4i1 RALPH ~ -Y- ~ ~? -~'k 3L` w SaY' r-~ 'i-' ~~ ~ . y1.k,~y„ -1.~ ~ N 'Xti s. we ~ jam. ~~r ' ay ` .-_ a. a t ~ ~u l ~ +.` h y. a J ~ n x a. J , ~ ~ i°~'s; ~~ f T r,'~ r'Y x~s:~ ta'i t "•'.'p Y .~ i-~,~ y _~Oa'a~8S86-a~Gtw'. ~ C - ~ ~ . ' ~- Ji _ ~~p .i 1 ::-~ 1 - r \ ~ mot..--_ F iy 4 ~N`~ TA .: scC. h . LC~rtarULOn Z7r9 --- __ w t~a363~2 ' `~ ~ 7 :' '•. O~EIaA.fa~wsaHnartESwC ,~j ~.5 `'--•.~..~,... t.ea ~`~~ .tt.6n r.r r •lAt+ET ia 6W soc36]a87~ a4av ~' :'s ~1 @CMaFHi .iflNN ~ i TAfMRA L ~ 19B RCVS GGIG +.y`t u;:' ;:~ WRCU881t "~ ~ .' ~[ h LL~T t ~. ~. Ro~4 D A ._. ': :it MOM~iELi va A ~ 'r L :-ace a.3 ~. t ~" J.e T t f e 138A_ 2~t _ _ 1 Y TQTAL P. ©? PARCEL PRIMOWNER 188557150090 TUMBLE CREEK HOME OWNERS ASSOC 88557140160 TUMBLE CREEK HOMEOWNERS ASSOC .Z 82816770010 FIELDSTONE MEADOWS HOA INC 3 82816770020 BELL JOSEPH A & ''!'' 82816770230 BONNING ROBERT W 5 82816770240 O'DELL LORI A & (i 82816770250 JENSEN NANETTE C & 7 82816770260 FAUSETT CRAIG W & g 82816770270 THIBAULT TED J & ~! 88557150070 DUE ROGELIO /0 88557150060 MITCHELL EILEEN M / / 88557150050 COLLINS JENNIFER Z 88557150040 PUGMIRE NATHAN D /3 88557150030 BARNHART RYAN J /'~ 88557150080 GRITZMACHER THOMAS J & l~j 88557150020 MOORHOUSE AARON 8 /(~ 88557150010 CASH RONALD L (~ 88557140180 WALTERS J SCOTT & l~ 88557140170 CHANDLER AARON J & 88557150100 TUMBLE CREEK HOME OWNERS ASSOC l9 82816770280 KELLY TIMOTHY J & ~U S7 20221 241 0 ASCHENBRENNER JAMES J .~/ 82816770330 ANDERSON JAMES EDWARD 92 82816770320 BARKER REESE FRANK & 93 88557150590 SHARP JEFFREY S & ~~ 88557150480 DENNIS KEVIN M & 15 88557150310 COOPER GEORGE & N/ 82816770310 SCHWARTZ JON F a ~ 88557150110 MCCLOY STEVEN A ~.Q 88557150300 FARNSWORTH RONALD a 5'88557150290 SMITH WILLIAM R OF PLANNING 30 88557150280 BUTT JIMMY L & 3/ 88557150270 HOLTON HOMES INC 3yR2816770300 OLIVER ROBERT 33 82816770290 SWENSON ROYAL 3~fS0435314907 YOUNG LANDS LTD 3~ S0435325600 HUSKEY LEONARD RALPH ~~ S0435315377 HOAGLUN BRAD & CHANDOS 37 S0435346500 USA S0435346619 YOUNG LANDS LTD S0435325600 HUSKEY LEONARD RALPH S0435438410 YOUNG LANDS LTD SECOWNER BELL JENNIFER J BONNING ANGELA M O'DELL RON R JENSEN THAYNE R FAUSETT SHARON C THIBAULT ALISA M BARNHART SARAH M ADDCONCAT 641 W FRANKLIN RD 641 W FRANKLIN RD 6223 N DISCOVERY WAY STE 100 2706 W PEBBLESTONE CRT 2650 W PEBBLESTONE CRT PO BOX 57 2606 W PEBBLESTONE CT 2588 W PEBBLESTONE CT 2554 W PEBBLESTONE CT 2320 W PEBBLESTONE ST 2298 W PEBBLESTONE ST 2260 W PEBBLESTONE ST 2234 W PEBBLESTONE ST 2212 PEBBLESTONE GRITZMACHER PEGGY L 2344 W PEBBLESTONE ST MOORHOUSE CRYSTAL WALTERS NOELLE K CHANDLER SARA E KELLY SUSAN M BARKER JANA LYNN SHARP MELISSA D DENNIS CARLA L COOPER AMY CUTLER RACHEL BUTT MICHELE M SWENSON DAVID 2180 W PEBBLESTONE ST 2156 W PEBBLESTONE ST 2128 W PEBBLESTONE ST 2110 W PEBBLESTONE ST 641 W FRANKLIN 2551 W PEBBLESTONE CT 2515 W USTICK RD 2659 W PEBBLESTONE CT 2633 W PEBBLESTONE CT 3102 N MARBURG AVE 2315 W PEBBLESTONE ST 11042 BLACKTAIL PL 2617 W PEBBLESTONE CT 3101 N MARBURG AVE 2231 W PEBBLESTONE ST 5964 S TEAK WAY 2175 W PEBBLESTONE ST 16299 FRANKLIN RD 2595 W PEBBLESTONE CRT 2563 W PEBBLESTONE CT 2420 W USTICK RD 3630 N TEN MILE RD 2420 W USTICK RD 1150 N CURTIS RD 2420 W USTICK RD 3630 N TEN MILE RD 2420 W USTICK RD S0435346800 USA 1150 N CURTIS RD 38 S0435336002 GLENN JOHNSON HOMES INC 2460 S MAPLE GROVE RD 3JrS0435346665 SCRAPER JOHN D & TAMARA L 2788 W USTICK RD ~/a 50435438600 BEWS E L BEWS SHIRLEY G 5204 N SORRENTO CIR °~^'! S0435346700 MARCUS CRAIG MARCUS BARRY 737 N 07TH ST S0435346900 BEWS E L BEWS SHIRLEY G 5204 N SORRENTO CIR S0435438600 BEWS E L BEWS SHIRLEY G 5204 N SORRENTO CIR 50435438900 USA 1150 N CURTIS RD STATCONCAT MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 BOISE, ID 83713-0000 MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 MERIDIAN, ID 83680-0057 MERIDIAN, ID 83642-7503 MERIDIAN, ID 83642-7502 MERIDIAN, ID 83642-7502 MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 BOISE, ID 83702-0000 MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-1399 MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-7502 MERIDIAN, ID 83642-5482 MERIDIAN, ID 83642-7503 MERIDIAN, ID 83642-7503 MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 BOISE, ID 83703-0000 MERIDIAN, ID 83642-7503 MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 BOISE, ID 83706-0000 MERIDIAN, ID 83642-0000 NAMPA, ID 83687-0000 MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-7502 MERIDIAN, ID 83642-5428 MERIDIAN, ID 83642-5408 MERIDIAN, ID 83642-5428 BOISE, ID 83706-1234 MERIDIAN, ID 83642-5428 MERIDIAN, ID 83642-5408 MERIDIAN, ID 83642-5428 BOISE, ID 83706-1234 BOISE, ID 83709-0000 MERIDIAN, ID 83642-5428 BOISE, ID 83704-2347 BOISE, ID 83702-0000 BOISE, ID 83704-2347 BOISE, ID 83704-2347 BOISE, ID 83706-1234 ~1_.i ~i ~ ~) f ~~ sI 1 1 ~^ 1 1,~-T AFFIDAVIT OF POSTING STATE OF IDAHO ) COUNTY OF ADA ) I, Becky Bowcutt 11283 W. Hickory Dale (name) (address) Boise Idaho 83713 ,being first duly sworn upon (city) (state) oath, depose and say: I will personally post the subject property with the hearing notice sign one week prior to the public hearing for the (annexation, variance, preliminary plat and conditional use for Bridgetower Subdivision. Dated this 30`h day of SUBSCRIBED AND SWORN to byre me the day and year first above written. Nok~ary Public for o, G~~/^~ Residing at C,~ My Commission Expires: ~ 7 DG 0601 \affid-posting °°°°~'Ki pRl~ C ~°°oo 1,,,, ~~~epe00p® ~,mpOe 4 -,.f+ ~pTA.I,' ~, ~ * yes o ~ • pUBLtG ~ ~'>, ® a ~o eeooeeoo~~~°ooo ~`''~TL~ OF t _~o°°o AFFIDAVIT OF ACCURACY STATE OF IDAHO ) COUNTY OF ADA ) I, Becky L Bowcutt 11283 W. Hickory Dale (name) (address) Boise Idaho 83713 ,being first duly sworn upon (city) (state) oath, depose and say: That I prepared the attached applications and the information contained is true and correct. Dated this 30"' day of SUBSCRIBED AND SWORN to before me the day and year first above written. tary Public for dahp Residing at My Commission Expires: ~oo~aaessooooe oe~~~p~R1~oc~® o< ~. o~ ~o ~' o ®o~ ~' e ~TB ®F t~„"AO, ti~ 0601 `,affid-accuracy CITY OF MEDIAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888-4433 Amer s / r IVo. ` ` Date (~.~ .3U^~-h~~ ~~ \~' \CII~L~ ~ t- ~ / \ f'~~ ("~ \ \ ~C7 ~ Cpl t 1~~ -~ \\\, ~ l~r~?~t^~ ~`~ ~~ ICJ •;~_ ~ - ~') ~ Phone: dv ~ „r,~ C.O.D. CH.~Ri;E ON 4CCT. ~~tDSE. RETD ?>10 OUT C~ C%~,~ c\ l~T)~ V V ~ I, A ~ ~ so F -~ . ~ - .~ ' t ~ 8~ 50'' ~ .' ~ ~ ~ q3 CV ~ ~ I I \ // X -~ ~ ,~ l~ ~L J I t p ~~ I J I I I I I ~~~~ I ~~ I I I I I (aims and returned goods MUST be accompanied by this hill. TAX -- ~ - 12 3 0 7 Byceived TOTAL ~~{ ~ Q\ ~s-zaz•z Pp~HTEO'MITH QQ PRINTED IN U.S.A. ..J ~SOYINK.- ~ C~~~'1CtYlXJ 61,U ' I BOWCUTT PLANNING SERVICE ,~~ 11263 WEST HICKORY DALE DR I PH 208-376-8713 ~I BOISE, ID 83713 '~, ~ ., - = J _ ~~ ~ , ~ ~.. ~ z o N ~ ~ 0 W $ O ~ 5 0 N ~p ' Q N ~. N ~ ~' W W Q . ~ ~ m sa ~~ as z~ c~ o ~~ a ~ i Y N ~ ~~ t m o1 N .-i ' Q o ~, ; O F ui v ~ ~ a rn . 3m J O k O ^• # • t O .r .. o ~„ ~, --r o Z ~ r" a a X R t-tJ * ~~ O In f ^ ^ U 3 1 L., ui Z - W ; O o ; ~'.' a ~~~ ` ~ s O o ~, O ~~c7 Q O .~ W =W^ p ~ ~ ~ Z O (] W tt O a ~ mv cD • ~ O ~ ~ W Z r ~` ~ c ~ _ J T ~ N ~ ~ ~ U N ~ W ~ O U a ~o ~ } W i 0 o t w ~o ~ 1003 JJ~~pp ~~ 92-372/1231 3670 G.I~DATE ~ ~ ~~ z,39 ~ Mytima. Mywhere ACCesa t-900-US ELWI(S /,7 ~ I www.usbank.com /C~.Gf/A"i-'."[~ ~--t..~ FOR ~~-~-~-~.~ vL~ - c ~:~23L03729~:L53390L7964311' 1 1- `~ ~- -' ~~r ~ _. _,_. L . '~~ \ .~ ~ ,~ ~l ~. ~~~ _ iii' ~. Fur Value Received FlRST AMEROCAN Betty L. Tully, a widow hcr~inaftcr referred to as Grantor, does hereby grant, bargain, sell, and convey unto E. L. Bcws and Shirley G. Bews, husband and wife hereinafter referred to as Grantee, whose current address is 5204 Sorrento Circle -Boise, ID 83704 the following described premises, to-wit: SEi; EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. Tu I IAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, his heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of recoa-d, and casements visible upon the premises, and that Grantor will warrant and defend the same from all claims whatsoever. Dated: April 3, 2000. .~~ ~ ~, Bey Ly L. lly ~ ss. On 't'his ~ r`+ day of April, in the year 2000, before me, a Notary Public in and for said State, personally apl~t•arcd 13cuy L. Tully, known or identified to me to be the person(s) whose name(s) is su cribed to the within Instrument, and acknowledged to me that she exec e same. }~ r C~ __ ~~~~`'""'°`'•°,,j otary Public of Idaho ~`' < 1~ ~ '~_ L • ''- Residing at Boise, ID ° ,'- 'Q~ '~ ..,,~ Commission expires: 7/25/2005 ~o w, ~[~.. ., ~'. / ~ 2G~OP-4 ~.;11~3'~ 1aOO2S3O7 WARRANTY DEED ~tAnrerican Title Company ofldaho r 1~ r f~_•~.0 t 4}t ^. 51f ~/ t ,1 WARRANTY DEED For Value Received Paid by an Accommodator Pursuant to an IRC 51031 Exchange Brian L. Young and Lori Young, husband and wife hereinafter referred to as Grantor, does hereby grant, bargain, sell, and convey unto E.L. Bews and Shirley G. Bews, husband and wife hereinafter referred to as Grantee, whose current address is 5204 Sorrento Circle -Boise, ID 83704 the following described premises, to-wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. To HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, his heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record, and easements visible upon [he premises, and that :.raptor wili warrant and defend the same from all elaims whatsoever. Dated: December 29, 1998. ALFA CO~~ITY R~CORD£R .r, pAYIE} ttAVARRO nn~~~~~ {(,plr~ f ~ Brian C. Young : ~7 iJ ri Youn STATE OF IDAHO ) ss. COUNTY UP ADA ) RECDROEO • R~t~U~ST 4F ~~ fE£~D£PCT 98127Q32 FIRST AMERICAN TITLE COQ On This 29th day of December, in the year 1998, before me, a Notary Public in and for said State, personally appeared Brian C. Young and Lori Young, known or identified to me to be the person(s) whose names} are subscribed to the within Instrument, and ac o dged to me that they a cut the same. ~+~'".~i~~ci~~~~~1~. ary Public Of Idaho +++ yS>>~ i H Residing at Boise, ID ~~•>oa~,~a r~, v•~r-~~ R ~, '~~`Zr' ~ Commission expires: 7/25/99 5... fi C v ~ . ~ ~ ~ ~ , .~•. ~ First American Title Company of Idaho d -~, EXHIBIT "A" ~. A parcel of land being a portion of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Beginning at a brass cap marking the Southwest corner of the said Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35, also said point being the REAL POINT OF BEGINNING; thence North 0°26'49" East 488.00 feet along the Westerly boundary of the said Southwest Quarter of the Southwest Quarter of the Southeast Quarter of section 35 to an iron pin; thence South 89°14'41" East 600.00 feet along a line Northerly of and parallel with the Southerly boundary of the said Southwest Quarter of the Southwest Quarter of the Southeast Quarter of section 35 to an iron_ pin; thence South 0°26'49" West 488.00 feet along a line Easterly of and parallel with the said Westerly boundary of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35 to an iron pin on the said Southerly boundary of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35; thence North 89°14'41" West 600.00 feet along the said Southerly boundary of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35, which is also the centerline of Ustick Road, to the POINT OF BEGINNING. EXCEPTING THEREFROM: A strip of land in the South half of the Southeast Quarter of Section 35, Township 4 North, Range 1 West, Boise Meridian, and in the North Half of the Northeast Quarter of Section 2, Township 3 North, Range 1 West, Boise Meridian, for right of way purposes along Five Mile Drain, Boise Project, Idaho, more particularly described as follows: section line; thence South 63°06' East 423.7 feet; thence South 89°52' East 1,109.0 feet; thence South 00°37' East 90.O,feet; thence North 89°52' West 1,231.5 feet; thence North 53°06' West 286.00 feet to a POINT OF BEGINNING. g 103.3 feet, North 00°26' West of the South Quarter corner of Section 35, Township 4 North, Range 1 West, Boise Meridian; thence North 00°26' West 152.0 feet along the North and South Quarter Be inning at a point on the North and South quarter section line ALSO EXCEPTING THEREFROM any portion of said property lying within USTICK ROAD o ~ ~ ~ "O ~ w 70m-707~Df) 'o w s r- 70 =_ 3O i ` ~~ ~T, , ~i" ~rY Z 'O _ / ~ Z ~ ~_ L'` `~D,- ', ~ ~ ,,.., = m ,` ° ~,~ 7p '. C'", ~€ ._.. 2 m y a ~,,,,~ n ~ ~•~ ; ~ r ~~~ ~ .+~i N W a t ~r ~ ~~. a s m ~ w ~ p z C o e y a m ~'' C m Y,~ ~' ~a: .L W ~ : ~~ ,~ ,. ~~. ~ -__ m ~ -~ ~ ~ , ~ c D D -I m 3 ~# 2 ~ n~ m D y~ m C f T Y O~ ~ -- ~~~~°'. N ~ ~' _; m R ~~'~/ / ME -DtgN ~~~ ~~' ~ o _ ti / ~ - ~ _ - w m Z n ~D -I m °; -~I m ~ ~ z ~ f ~ D P~ ;, < m O o ~ ~ ._ -~ ~ a,~ m ~ N N D i _. m ~ ~ ~, ~ , e - .. ,.., ~ ~ ~ .. ~, ~ m r r 4 ~+ N s,.v Meridian City Council Meeting October 2, 2001 Page 21 De Weerd: Second. Corrie: Motion has been made and seconded to approve the motion as stated with the noted changes. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-Call: Bird, aye; De Weerd, aye; McCandless, absent; Anderson, aye. Corrie: All ayes. Thank you. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT. 5-F. Tabled from September 18, 2001: Findings of Facts and Conclusions of Law of Approval: AZ 01-008 Request for annexation and zoning of 12.71 acres from R1 and RUT to C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. -Franklin Road west of Locust Grove Road: 5-G. Tabled from September 18, 2001: Findings of Facts and Conclusions of Law for Approval: PP 01-009 Request for Preliminary Plat approval of 10 building lots and 3 other lots on 12.71 acres in proposed C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. -Franklin Road west of Locust Grove Road: 5-H. Tabled from September 18, 2001: Findings of Facts and Conclusions of Law for Approval: CUP 01-015 Request for a Conditional Use Permit for a Planned Unit Development for mixed use Residential/Commercial in proposed C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. -Franklin Road west of Locust Grove Road: Corrie: Items F, G, and H. This is the Baltic Place Subdivision, both for the Facts and Conclusions of law, the annexation and zoning, Preliminary Plat, and Conditional Use Permit of a Planned Unit Development. Nichols: Mr. Mayor. Corrie: Mr. Nichols. Nichols: Mr. Mayor, I believe Mr. Centers and his attorney are just outside, so -- here they come. Don't start until they are here. Corrie: Okay. Okay. What was this one about? Annexation, is that -- _. _ _ ~Fnr'~~ •1'~npl~ ~~f fdali.o ,~ _ - ~ -~ ~ - STATE TAX COMMISSION 7iIN) Park BIvJ.. Plaza IV Boise. IU 2{,1722 May 9, 2002 William G. Berg, Jr. Meridian City Clerk 33 East Idaho Avenue Meridian, ID 83642 Subject: Ordinance Nos. 874 and 892 Dear Mr. Berg: c,~~ ~c.,~-env RECETjTE~ MAY 1 ? ?~'~? City of Meridian City Clerk Office The Idaho State Tax Commission received the documentation that was provided for the annexation of real property into the City of Meridian, for tax year 2003. The Idaho State Tax Commission approves the map and legal description. This approval is limited to the acknowledgement that the map and legal description meets the requirements of Section 63-215 Idaho Code, and Idaho State Tax Commission Rule 225. Sincerely, ~ . ~ ~~~ Cindy Lou McDonald GIS Manager Technical Support Bureau Idaho State Tax Commission CC: County Assessor County Clerk Harley Hinshaw, Property Appraisal Section Manager Gary Houde, Technical Records Specialist Equtr(Oppnrtunity EmpGwrr Hearing Impaired Callers TDD 1-8b0-377-3529 Meridian City Council Meeting October 2, 2001 Page 16 Corrie: Okay. Any other discussion? Okay. All those in favor of the motion Opposed no. All ayes. Motion carried. say aye. MOTION CARRIED: THREE AYES, ONE ABSENT. 1 • Five Mile Sewer Trunk Latecomer Agreements: Watson: Thank you, Mayor, and Council. I apologize; I ski one in the Public Works department reports in my enthus ap m fo tithe easementsmW r met with the developer who had brought up the questions on the Five Mile latecomere agreement last week, Gary and Bruce Freckleton and I and we are going to go back and look at our calculations and those haven't been completed. Well, the weren' completed as of last Thursday, so we don't have anything to offer on that topic.y t Corrie: Okay. Thank you. Yes, Brad. Watson: I'm sorry, Mayor. Could that be tabled until the next available Council -- Corrie: Yes. The 1 gm~ Watson: Yes. Thank you. Corrie: Yes. That -- you can bring that back the 16tH. I need to -- do we need a motion or do we need to -- we do. Okay. Item 5. (Items Moved from Consent Agenda) 5-C. Tabled from September 18, 2001: Findings of Facts and Conclusions of Law for Approval: AZ 01-003 Request for annexation and zoning of 371.42 acres from RUT to R-4 and C-G zones for a planned development consisting of residential, office and commercial uses for proposed Bridgetower Crossing Subdivision by Primeland Development Company - 2420 Ustick Road: 5-D. Tabled from September 18, 2001: Findings of Facts and Conclusions of Law for Approval: PP 01-005 Request for Preliminary Plat approval of 336 building lots and 58 other lots on 175.91 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision by Primeland Development Company - 2420 Ustick Road: 5-E. Tabled from September 18, 2001: Findings of Facts and Conclusions of Law for Approval: CUP 01-006 Request for a Conditional Use Permit for 692 single-family lots, 59 townhomes, 17 office lots and 10 commercial lots on 370.55 Meridian City Council Meeting October 2, 2001 Page 17 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision by Primeland Development Company -north of Ustick and east of Ten Mile Roads: Corrie: Item No. 5, then, items moved from the consent agenda, C, D and I. C, D, and E. Right? Bird: C, D, and E. Corrie: That was the -- Bird: That's one item. Corrie: One item. Bird: F, G, and H. Corrie: Bridgetower Crossing. We will take item C, Findings of Facts and Conclusions of Law on request for annexation and zoning, Bridgetower Crossing Subdivision. De Weerd: Can we do C, D and E at the same time? Corrie: We can take C, D, and E all at once if you'd like, yes. Bird: Yes. Let's do. De Weerd: Yes. Let's -- Corrie: Okay. Findings of Facts and Conclusions, request for Preliminary Plat and Finding of Fact and Conclusion of Law for Conditional Use Permit. Bird: Okay. Corrie: Okay. Nichols: Mr. Mayor, Members of the Council, I guess it was me. The way we have the last set of findings, Shari and Becky were going to get together and see if we could agree on some language that pertained to the concept approval versus some of the different layouts. I got an a-mail from Shari that addressed her concerns. I guess we can cover that with what was in the Council's discussion and approval and then we got that to Becky late, but she got a response to the Council, which I think was received yesterday or, if not, then today. The difference, really, is only in the one issue over the language that twe proposed and I think I covered in the memo that I gave to you, dated September 14 .Actually, that's -- I don't think that's the correct date. I think it was after that. But, at any rate, this was language that we put in about the concept issue. Becky Meridian City Council Meeting October 2, 2001 Page 18 has come back on behalf of the applicant and proposed some different language and I don't know about Mrs. Stiles, I don't have any problems with Ms. Bowcutt's proposed language, but Shari may, so -- Stiles: Mr. Mayor and Council, I felt that the proposal as submitted by the City Attorney was adequate. I don't have any particular problems with what she has proposed, except for the little part she snuck in about the roadway network. Our Planned Development Ordinance specifies major roadways and does not include the entire roadway network. So if that were to be taken out I could accept that language. Corrie: Ms. Bowcutt, do you have any objection to that? Bowcutt: Becky Bowcutt, 12715 West Edna Court. Iknew -- I don't think about my address. Mr. Nichols and I discussed what he wrote and he always comes up with great language. The only thing that scared me was the statement in here that these findings do not approve any proposed layout. On these concepts, it is not detail a are looking for, but conce tual a pproval that we p pproval. So, obviously, the City will retain -- Shari or staff will retain their right and reserve that right when we bring in a detailed Conditional Use Permit say for a commercial use or we bring in the next Preliminary Plat to scrutinize it and apply all the applicable standards. I just want to make sure that the Council's interpretation of what we have done is in compliance with ours. The example I used for Mr. Nichols, if the concept or the layout is not -- if it is interpreted that it's not -- it has no .approval at all and I bring in a new Preliminary -- or a second Preliminary Plat and someone says I don't like the school site there, move it to the south, and we have already constructed a half mile of collectors and everything and I have got to move a school site to the south and three phase power was coming in from McMillan and now I could have brought it in out of Ten Mile or Ustick and I have cut myself off. So I just want to make sure that this is concept -- I mean just concept only, but that we recognize that all of these pieces do fit together. If Shari wants more stub streets when the next Preliminary Plat comes in or other pathway connections, you know, that stuffs great, but I can't have people taking these collector roadways and moving them, because we are putting in about a half a million dollars worth of White Drain relocation and pathways and a million dollars in storm drains is going to go in and everything links together and so part of my designs on these first phases are linked to the entire site in its entirety. So I'm hoping the Council in adopting these findings views it as just a concept, but not that they are going to completely change everything when I come back in. Do you understand what I'm trying to get at, I guess? Corrie: I think so. Yes. Bowcutt: That's my point. Corrie: Thank you, Becky. Bowcutt: Thanks. Meridian City Council Meeting October 2, 2001 Page 19 Corrie: Any other questions? Staff? Nichols: Mr. Mayor. Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, it appears to me that the deci whether you take the language that I have drafted or take Ms. Bowcutt's Ian ua on is take Ms. Bowcutt's language and change the words roadway network to 9 olge or roadways and I think if that satisfies Mrs. Stiles, then that satisfies Ms. Bow utt~s concern over the location of collectors and then that -- I'm okay with that. Corrie: Okay. Mr. Anderson, any questions? Anderson: No. Corrie: Oh, I thought you were -- Anderson: No. De Weerd: He's been awfully quiet tonight Anderson: I'm always quiet. Corrie: Okay. Anyone else? Bird: I have nothing. Corrie: Okay. Then I will entertain a motion on the Findings of Fact and Conclusions of Law with the changes. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the Findings of Fact and Conclusions of Law for approval, request for annexation and zoning for 371.42 acres from RUT to R-4 and C-G zones for a planned development consisting of residential, office and commercial uses for proposed Bridgetower Crossing Subdivision by Primeland Development Company, 2420 Ustick Road, with the changes as agreed upon by Ms. Bowcutt and Mrs. Stiles. Anderson: Second. Corrie: Okay. Motion has been made and seconded -- or motion stated. Any further discussion? Hearing none, roll call vote, Mr. Berg. Meridian City Council Meeting October 2, 2001 Page 20 Roll-Call: Bird, aye; De Weerd, aye; McCandless, absent; Anderson, aye. Corrie: The ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT. Corrie: Preliminary Plat? Bird: Yes. Corrie: Okay. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the findings of fact and conclusions of law for approval request for preliminary plat approval of 336 building lots and 58 other lots on 175.91 acres in proposed r-4 and c-g zones for the proposed Bridgetower crossing subdivision by Primeland Development Company, 2040 Ustick road. De Weerd: Second. Corrie: Okay. Motion made and seconded to approve the motion as stated. Any further discussion? Mr. Berg, roll call vote, please. Roll-Call: Bird, aye; De Weerd, aye; McCandless, absent; Anderson, aye. Corrie: All yea. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT. Corrie: The facts and conclusions of law for the CUP request. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the findings of fact and conclusions of law for approval of the request for a Conditional Use Permit for 692 single family lots, 59 townhouses, 17 office lots, and 10 commercial lots on 370.55 acres in proposed R-4 and C-G zones for the proposed Bridgetower crossing Subdivision by Primeland development company, north of Ustick and east of Ten mile, with the noted changes -- with the noted changes on the -- on the Letter -- on the changes on the roadway to collectors. Corrie: Okay. r-~,,, PP 00-017 August 31, 2000 Se tember 5, 2000 23 MERIDIAN CITY COUNCIL MEETING ITEM NO. APPLICANT Primeland Development Co., LLP reliminary plat approval for pro osed Brid etower Subdivision with REQUEST Re uest for p {ots, 1 HOA recreation center, 1 park lot and 19 c Rmomdon lots on 46.2 acres In a 106 buddln roposed R-4 zone -north of Ustick Road and east of Ten Mde ENTS COMM ....- AGENCY See attached info from P & Z Hearing CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: $ee attached R@COmmendatlOnS CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: S e altachE Contacted: ~~~~ ~ See attached Date: Phone: v Materials presented at public meetings shall become property of the City of Meridian. statement to the City Council at the heari~~n~lonn~ s16r~pp1e~P-Your osi ion presented to the Mayor, g' $ ~th e1ght (8) copies. The copies will be City Attorney. If you are a part of a m ou Pnd Zon~og gAdmecomme r~ Public Works and the Statement be filled out for the group, wFiich can be signed by the represdentative foirth ~gro on P Very trujy yours, City Attorne s Office ~Y~ ~~ WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A• ATTORNEYS AT LAW 1vcrEKi,HaN FlscliFxx WM. F. GIGRAY, lII NSON J 200 EAST CARLTON AVENUE PosT OFFICE Box 1150 OH gr:F.rrr ], D. SAMUII. JoiussoN MER1IylAN, IDAHO 83680-1150 WILLIAM A. MORROW Wua,tAMF. NICfiOLS CHRISTOPHl1t S• NYE ON TNa. 208) 288-2499 F~ (~OS) 288-2301 PHILIP A. PEfFRS ERtc S. RossMAN TODD A. RossMAN D T~tatc~ER WHI'I'ir August 22, 2000 To: Staff A licant Affected Property Owner(s) A lication Case No. PPS 1 ~ ~~ NpMI'A OFFICE 104 P iN1'H~A ivy Box 247 NAMPA, IDAHO 83633-02A7 FAX~(~2 8) ~S PLEASE REPLY TO MERIDIAN OFI•TCE g~cE~D auc 3 o loon CI'i~' OF NiE~.iDLAN xe: pp FINDINGS AND RECOMMENDA~p SION pI,ANNING AND ZONING CO Staff, Applicant and/or Affected Property Owner(s): Please note that these Findin s anCoRrioma ~apublic hearing on the above Zoning Commission shall be presented to the ~rt}' and clear, it is referenced matter by the Planrun ~'d d toy nguremour po rtio Ds under tood me of m rims which the Crt}' Council must deci~e, an Y important to have a consistent format by which matters are presented at the public hea g before the City Council. The City Council strongly recommends: 1 • That you take time e Plannin f uand Zon g Commission,gand be Recommendations of th g prepared to state you nd do ° of tl>e Plan ung ~ d Zoning Commi g Tone Findings and Recomme d and 2 • That you carefullyy complete (be sure it is leg becomrnendations Statement if ou disa ee with the Findings ax-d-R sition Statement of the Plann ng and Zoning Commission. The Po form for this application is available at the City Clerk's office. It is recommended that yyou pprepare a Position Sta lease presentyour Positi on i£ ossible. If that is not possible, City Clerk prior to the hearing, p alon ~~ eight (~) copses. The co ies will be Statement to the City Council at the hearing, g• to the Ma or, Council, Planning and Zoning Administrator dedbthat one Position presented y City Attorney. If you are a part of a g~rroup, it is strongl recommen Statement be filled out for the group, which can be signed by the representative for the group. Very truly yours, C • lJ~' City Attorne s Office tyi BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR BRIDGETOWER SUBDIVISION, Case No. PP-00-017 RECOMMENDATION TO CITY COUNCIL PRIMELAND DEVELOPMENT CO., LLP, Applicant 1. The property is approximately 46.2 acres in size and is generally located north of Ustick and east of Ten Mile, in Meridian, Idaho. 2. The owners of record of the subject property are E. L. Bews of Boise, and Chandos Hoaglun and Young Lands Ltd., of Meridian. 3. The Applicant is Primeland Development Co., LLP, of Boise, Idaho. 4. The subject property is currently zoned R-T. There is an application currently before the City Council for annexation and zoning of R-4. The zoning of R-4 is defined within the City of Meridian's Zoning and Development Ordinance Section 11-7-2. 5. The proposed site of the subject property is north of Fieldstone Meadows Subdivision and Tumble Creek Subdivision. 6. The subject property is within the city limits of the City of Meridian. 7. The entire parcel of the property is included within the Meridian Urban RECOMMENDATION TO CITY COUNCIL - 1 PRELIMINARY PLAT -BRIDGETOWER SUBDIVISION BY PRIMELAND DEVELOPMENT CO., LLP. Service Planning Area as the Urban Service Planning Area and is defined in the Meridian Comprehensive Plan. 8. The Applicant proposes to develop the subject property in the following manner: develop 103 single family residential lots, 19 landscape lots, a recreation center common lot, a park common lot and three future office lots. 9. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the preliminary plat as requested by the Applicant for the property described in the application, subject to the following: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 1.1 Obtain a letter from the Ada County Street Name Committee, approving the subdivision and street names. Malce any corrections necessary to conform. 1.2 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.3 Sanitary sewer and water service to this site shall be via extensions from existing mains installed adjacent to the proposed subdivision. Applicant will be responsible to construct the sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer RECOMMENDATION TO CITY COUNCIL - 2 PRELIMINARY PLAT -BRIDGETOWER SUBDIVISION BY PRIMELAND DEVELOPMENT CO., LLP. manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 1.4 The developer shall be responsible for the payment of sewer and water assessment fees, as well as the actual physical connection of the existing homes located within the boundaries of this subdivision. 1.5 Underground pressurized irrigation must be provided to all landscape areas on site. Due to the landscape area, primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. The preliminary plat map indicates that the Five Mile Creelc will be utilized as the secondary source. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by an association or the Nampa ~ Meridian Irrigation District. If the system is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. The applicant will utilize the Creason Lateral as a primary source for the pressurized irrigation system. Five Mile Creek may be used as a secondary source if approved by Nampa-Meridian Irrigation District. A shallow well will be used for a second source if the Creek is not available. The applicant has not determined who will own and maintain the system, he is reviewing the options. 1.6 A detailed landscape plan for the common areas, including fencing locations and details, pathways and types of construction, shall be submitted for review and approval with the submittal of the final plat application. The plan must include sizes and species of trees, shrubs, berming/swale details, and all proposed ground cover/treatment. No fencing will be permitted within the required landscape buffers. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the Final Plat. Perimeter fencing shall be installed prior to obtaining building permits. 1.7 The soils investigation report submitted with the application indicates that groundwater was encountered at some fairly shallow depths within the project site. Design engineer to provide a statement of compliance, RECOMMENDATION TO CITY COUNCIL - 3 PRELIMINARY PLAT -BRIDGETOWER SUBDIVISION BY PRIMELAND DEVELOPMENT CO., LLP. prior to the approval of development plans, that certifies that the centerline finish grade of the streets, public or private, is at least three feet above the established normal ground water elevation. This is an effort to ensure that the building footings are at least one foot above the high groundwater. The property was under agricultural production when the test holes were excavated. This affects the groundwater levels. The applicant's engineer will provide the necessary data to meet City standards for groundwater separation. 1.8 An irrigation pump station is proposed within the 100-year floodplain on Lot 2, Block 2. The future base floor elevation of this structure must be raised a minimum of 12 inches above flood plain elevation. 1.9 N. Towerbridge Way is the only ingress/egress access proposed to serve the 103 homes in Phases 1 and 2. The Applicant must work with the Meridian Fire Department to determine whether a temporary emergency access point is necessary until such time as a secondary principal access is provided. The applicant will meet with Meridian Fire Department concerning a secondary access. However, the applicant believes a second access is not needed with this development since ACHD standards allow 100 homes to utilize a single access. 1.10 City Ordinance 12-4-12 states, "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 automobiles) can be provided throughout the City urban service planning area." Since no front-on housing is permitted along Towerbridge and Pride Crossing (as Collectors), Staff recommends Applicant coordinate with ACHD to provide bike lanes within the 50-foot right-of-way of both collectors. The bike lanes will also provide increased safety and accessibility for children traveling to school should a future elementary school be constructed east of the subdivision. Ada County Highway District did not require bike paths along the collectors. The applicant is providing separated sidewalk along Towerbridge and proposes a convenient system of interlinking pedestrian pathways. These pathways would link the neighborhoods to the park and possible school site. A pathway is proposed along the Creason Lateral northeast of this development application. Nampa-Meridian Irrigation District approval would be required. The applicant believes the planned network of pathways would be superior to a stripped bike path within the roadway. The RECOMMENDATION TO CITY COUNCIL - 4 PRELIMINARY PLAT -BRIDGETOWER SUBDIVISION BY PRIMELAND DEVELOPMENT CO., LLP. ~;, applicant would prefer the City look at other options to eliminate the possible conflict. The Planning and Zoning Commission further recommends that painted bike paths not be required. 1.11 As a condition of the plat, Applicant shall be required to construct open- vision fencing or four-foot-high solid fencing (max.) along both sides of any pathways. The developer shall place a deed restriction on the residential lots adjacent to these micropaths to prohibit the construction of any fencing on the residential lot higher than four feet on the sides adjacent to the pedestrian walkway lot. 1.12 Please show all existing permanent and temporary sanitary sewer construction easements on the preliminary plat map. No lots shall be allowed to encroach within any permanent sanitary sewer easement, and no lot improvements shall be allowed to encroach within the temporary construction easement until such time as construction is complete and the temporary easement is released per the terms of the easement. No building permits shall be issued on any lot bordering the north side of the Five Mile Creelc, until such time as the relief sanitary sewer main is built. The applicant has concerns about the time of the relief line adjacent to the first phase. The applicant would like the City to indicate a time frame. If the lots do not encroach within the permanent easement and adequate area is available for installation of the relief line, then this condition should be removed. This restriction would create a hardship on this project. 1.13 Applicant is proposing to leave the Creason Lateral open until such time as the adjacent property is developed. If approved, applicant should be required to provide a letter of credit and cash for tiling of the ditch prior to applying for building permits. 1.14 Lots 8-19, Block 7, and Lots 16-19, Bloclc 3, are impacted by irrigation easements. Provide a copy of the executed encroachment agreement with Nampa-Meridian Irrigation District, indicating how the land underlying these easements may be used, prior to signature on the final plat. If encroachment of the Creason Lateral is not granted, the easement area will need to be removed from the building lots. 1.15 Add the Right to Farm note to the plat. 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' o _ ,,i Y C d 07 ) T H ~` i a _m ` r ~ O U rn rn rn Q ti ~ . r~ ' 0 LL a NOTICE OF HEARING ~"~ NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho at the hour of 7:00 p.m. on August 8, 2000 for the purpose of reviewing and considering the application of Primeland Development Co., LLP for Annexation And Zoning of 52.9 acres from RT to R-4 for proposed Bridgetower Subdivision; Furthermore, the applicant also requests Preliminary Plat approval of 106 building lots and 21 other lots on 46.20 acres in a proposed R-4 zone and a Conditional Use Permit to construct a planned unit development consisting of 106 buildable lots, 1 park lot, 1 H.O.A recreation center and 19 common lots generally located at East of Ten Mile, North of Ustick for proposed Bridgetower Subdivision. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 13th day of July, 2000 ~j ,rl~~----/~ WILLI~M~~~,~ERG, JR. I CLERK C3' `~GO~o~TFO ~ ~-: PUBLISH July 21, 2000 and August 4, 2000 } _ - 5~~~, - ~' 9Q ~T 1~~ • a`' ,~r~jrr;irt;a~t~~~~ ~, NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m. on August 8, 2000, for the purpose of reviewing and considering the applications of: Barghausen Consulting Engineers for a Conditional Use Permit to construct a Fred Meyer Gas Station Facility with a canopy, five multi-product dispensers, cashiers kiosk and parking lot improvements currently in a C-G zone generally located at Fairview Avenue and Locust Grove. Greenstar Foods and TFCM Associates for a conditional use permit to construct a Carls Jr. with adrive-thru window currently in a I-L zone generally located at Pad P-3 at the Meridian Crossroads Center. Developers Diversified /Dakota Company for a Preliminary Plat and a Final Plat of three building lots on 10.99 acres currently in a I-L zone generally located at the southeast corner of Presidential Dr. and Eagle Road at the Meridian Crossroads Center. Primeland Development Co., LLP for Annexation And Zoning of 52.9 acres from RT to R-4 for proposed Bridgetower Subdivision; furthermore, the applicant also requests Preliminary Plat approval of 106 building lots and 21 other lots on 46.20 acres in a proposed R-4 zone and a Conditional Use Permit to construct a planned unit development consisting of 106 buildable lots , 1 park lot, 1 H.O.A recreation center and 19 common lots generally located at East of Ten Mile, North of Ustick for proposed Bridgetower Subdivision. Rod and Sheri Eisele for a Conditional Use Permit to construct Eagle Concrete Pumping in a Flood Plain Overlay District currently in an I-L zone generally located in the Meridian Business Park. PUBLISH July 21, 2000 and August 4, 2000 FILE COPY ' vit of Mailing of Public Hearing Notices Aff~da Subject: File No.. reb certify that the public hearing notices 1, Shelby E. Ugarriza, he y owners adjacent to the subject propel were sent to the propel f the noted in the mailing list on public hearing on June 5, 2001 Signed, Friday, MaY 18, 2001 or and witnessed by Holly Ulias. (prepare ~c ~ ~~ ~.~= win s) ~i~~~i Date Date i ~ _~ PUBLIC HEARING SIGN-UP SHEET DATE June 5, 2001 Item No. 2Z PROJECT NUMBER AZ 01-003 PROJECT NAME Bridgetower Crossing Subdivision NAME FOR AGAINST ~~ ~•-.. The ~~~ho Statesman ~~ ~ r _ , P.O. Box 40, Boise, Idaho 83707-0040 LEGAL ADVERTISING PROOF OF PUBLICATION _ t # DTI# Identification Amount: 064514 459983 PUBLIC HEARING $76.44 Ordered by: P.O. # Rate Run Dates NT JUNE 1, 15, 2001 CITY OF MERIDIAN Number of Lines 33 EAST IDAHO ST. 4 9 MERIDIAN, ID 83642 Affidavit Legal # 1 ~ 10488 i LEGAL NOTICE PUBLIC HFJIRMIG NOTICE IS HEREBY GNEN pursuant to the Ordinances of the C'~y of Meridian and the Laws of the State of Idaho that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian Idaho, at the hour of 6:30 p.m. on June 1~, 2001, for the purpose of reviewing and considering the appplications of: HAlvlew Land Development, LLC, for of annexation and zoning of 28.59 acres from RUT to R$ for proposed Macatle Meadows Subdivision and preliminary plat approval of 115 building. lots and 15 other lots on 28.69 acres In a proposed.R$ zone gener- aly located south of Fairview Avenue and west of Cloverdale Road; TJBJ, Inc. for a variance for the reduc• ~' lion of two required parking spaces for Moxie Java generally located at 1975 East Fairview; Hllhrlew Land Devebpmsnt, LLC for a variance to exce3ed the maximum ~ 000• foot block len~h for proposed Macaile Meadows Subdivision generally located south of Fairview Avenue, north of Pine Ave• nue and a quarter mite west of Cloverdale Road. Primsland* Developr~sM Company LLP, for preliminary plaf approval of 33~ building lots and 58 other lots on 175.91 .-.~:aas-~a-uraoosed R•4 and C-G zones for j Bridgetower~ Crossing Subdivision and I request for a Conditional Use Permit for pro- lots and 10 commercial lots on siu.55 acres in proposed R~ and C~ zones gener• ally located north of West Ustick Road and east of North Ten Mile Road. Pub. Jun, 1,15, 2001 10488 JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, in conformity with Section 60-108, Idaho Code, as amended for: T~/O consecutive weekly single consecutive daily odd skip insertion(s) beginning with the issue of: JUNE 1 2001 and ending with the issue of: JUNE 1 5 2001 STATE OF IDAHO )SS COUNTY OF ADA OF On this 1 5 day of JUNE in the year of 2001 before me, a Notary Public, personally appeared before me Janice Hildreth known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the state- ments therein are true, and acknowledged to me that she executed the same. Notary Public for Idaho Residing at: Boise, Idaho My Commission expires: (~ ~ ` r"~ S _ f -_ __ r_---~ ~, "_ r _ _ ~ ' ~ ~ ~ ~ ~ ~ ~ ~ ~ II Ijl r -- ~, ~ - ,. --~~i. ~ A I I I~~~2`t' ~ tll ~ I° 1 3 ~~r ~ F~ II 1 ~I ~j j~rFFFI~~~~~ }~ FF PF .. rl I ~~ ••` I \\ -• ,e I r _ ~ T~~ P /I ~~ 9. ~ _ e. t1 ~ y i :" ~ x ~/ ~ ~ ~ '~ / ~: ~ ~o I~ I ~ If I ~ ~/ ~~~ ~r ~ III' i l / I ( ~ ~ 9 'q~ ~ ~ / ,: - N ~~ I I' ~ . x ~~y ,, ; / ~ ~, ~ ~ I I I ~l ~ .Y /,ft ~_ / ~~ I gr I ° ~ _ '~ I I I I ~ /~/% ~~ ~~ / ~ ~ ~ ~ / @r I I ~~ ~. ~g~ _ ~ /.% / ~ ~ ~ @: I~ I r ~ I 4 ~y /f /~~~ ~-ice $. 1 ~ l ~r °I ~ I _/~~ ~/~ i ~~ _ - I~ I w I ~~ w. / ,' ~ _ _ 31 I~ I / _ / x- I, I I / a / - H III I ~ g ~ g ~~~•1111 S! ~ / /// ~ ~/~ ! o. ~ ~ ~r 8"p Ili I r / / ~. / ^ / ~ f y~ 1 / ~ ~ ' i I 999/ / ~~ ~ ~/f ! ~' / ! • 4t ~I x ~ r a'. • _~ // /I C f #~~ a I __ - ~~~sstarar R ~ III ~I ~~_ .' !~//~~1~ '~ ~~ _ ~x" _ -a, s ,,, - I) I I _ ' f '~~ I I ~' '= I .~L~ ~ • ~ ~r •_ ~~ ~1 _ ~ ~~~ I ~ /~f~ f~ 4, i ~ v / ~ _ 4 ~ I ~y III -` /'/ ~ Cf / ~ i `i d - ~ ti / I I ~ / 1 ~- - ~ I ~~,~1~,~ III ~ /~// ~~ ~ , ~~ ~~ ~ ~- ~ /~- ~f~~~ ~ ~ (~~ /~ f" VIII I %/., ~~' ~~~ ",~ ~ / E„ _ ~,~ / / I II III/I I i~ !i' ~ ~ / ~• ~ i 4- !rU ~ °.~_ ~ /~ ~ ~j ~ I / ~ ~ I III ~' o ~~~_ ~ '°RO //+~// / Maw_ . I I I I I I i !' [~ ~ ~~,' i_ / //~ // C I I I' p i l l N x ,' ~ ~ ~" / ~~ // / , I a.. ;i. / q I I~ I II Ill ' ~ .- ~~~ ~ / ~ - ~ /~~ ~ ~_ ~ _- 1 I I II II / + a _ / g= i~~~i V J I I I II Its k '•~ •-~ ~ :- ~ / // ~ ~-{ ~ k I I ~ ~ / i / // ""~~ ~~ ~ 1~ ~ 161 ~ ~ • ~' / ~ ~~ 1 II I1 ~++,~ _ ~ ,' ~ t I ~ II III I '~ ~ ~ ~ ~,~' ~` • v+R+ §_ ~~ /// / sT+..~ ~ `- ~ ~ ~ I II I ~• G° / / ~ ~: I ',pry ~- ~ ~ / r T Iii I I' i III ~ ~ `~~' ~'~ ~- ~ si ° / / / a ~ , I II '' '~' ~ / a/ / T I ~ ! I III // ~~ ~~ /~/ 5~ ~-si B R ~ Ep G B5i y3 ^ X PagJ1,11NMV 'lAT MYY aprs~RK % / / / ~ ~°A ~ ~ p ~~~~~D ~~ ~ 4 ~~~~ ~ ~ ~r = H1zrocETO1fER 3[JHDIVI3ION •e1 ~1~4 ~~_~~ ®~ ~ / ~ ~ / ~ ~~ 6 ~ ~ ~ ~ ~d ~~§ ~ ~ ^~~~~ ~ waves as Baia-n¢ ~~tiw ~~~:.:, ~ -~ i ~... ~LLLC ~OGL/2~ ~JV"G l2UlGt ~C6~NCC~ .,uuy rcavcy-ucli, ~~cawCi't 318 East 37th Street Dave Bivens, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer, Secretary Phone (208) 387-6100 Sherry R. Huber, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner E-mail: tellus@achd.ada.id.us August 11, 2000 REC'~n'ED TO: Primeland Development Co., L.L.P. Q~~ ~ ~ 2000 1111 S. Orchard St., Suite 155 Boise, ID 83705 CITY OF MERIDIAN FROM: Christy Richardson, Principal Development Analyst Planning & Development C~. /'r~edc~e~tlCe~a1% SUBJECT: Preliminary Plat: Bridgetower Subdivision/ MAZ-00-017/MCUP-00-043/M PP-00-017 n/o Ustick Rd., e/o Ten Mile Rd. On August 9, 2000, 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. b. Execute and Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. c. Complete all street improvements to the satisfaction of the District, or execute a Surety Agreement between the Developer and the District to guarantee the completion of the construction of all required street improvements. 3. Furnish a copy of the Final Plat showing street names as approved by the Local Government Agency having such authority to ether with the payment of fee charged for the manufacturing and installation of all street signs. ~ ~ 2 4. If Public Right-of-Way Trust Fund deposit is required, make the 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 together with the plat and plan review fees for District acceptance and endorsement. The final plat must contain the signed endorsement of the Owner and the Land Surveyor's certification. 7. All of the material must be submitted to District staff two-weeks prior to Commission review of the final plat. 8. Approval of the plat is valid for one year. The Commission will consider an extension of one year if requested within 15-days prior to the expiration date. Please contact me at (208) 387-6170, should you have any questions. Cc: Planning & Development Chron/File Planning & Development Services-City of Meridian Construction Services -John Edney Drainage- Chuck Rinaldi Becky Bowcutt Becky Bowcutt Planning Services 11283 W. Hickory Dale Boise, ID 83713 KathyStroschein, P.E. Briggs Engineering, Inc. 1800 W. Overland Road Boise, ID 83705 E. L. Bews 5204 Sorrento Circle Boise, ID 83704 Chandos Hoaglun 2430 Ustick Road Meridian, ID 83642 Young Lands Ltd. 2420 Ustick Road Meridian, ID 83642 .~ ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report Preliminary Plat - Bridgetower/MPP-00-017Ustick Road/Ten Mile Road 106 buildable lots MAZ-00-017/MCUP-00-043 A preliminary plat has been submitted to the City of Meridian for approval of a 127-lot residential subdivision. The applicant is also requesting a rezone from RT to R-4, and conditional use approval for a planned unit development. The application has been referred to ACHD by the City of Meridian for review and comment. The 46.2-acre site is located on the north side of Ustick Road, approximately 1/3-mile east of Ten Mile Road. This development is estimated to generate 1,060 additional (10 existing) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Ustick Road ACHD Commission Date -August 9, 2000 - 7:00 p.m. Bridgetower.cnun Page 1 RT ~ 2000 Feetl ® I I 1 1 1 1 1 1 1 l-1! N n ~ ~C/ ~~ o _ ~ u u ' ~® RT R .~~+~~•~~~ ~I RT BRIGGS ENGINEERING, INC. 1/2 MILE VICINITY REVISION "~"° BRIDGETOWER SUBDIVISION BRIGGS PORTION OF THE SOUTH 1 /2 OF SECTION 35, T.4N., R.1 W., B.M., INC. ADA COUNTY IDAHO SHEEP (208) 3449700 > 1 OF 1 1600 W. OVERLAND ROAD DESIGN DRAFT SCALE DATE DWG. NO. BOISE, IDAHO 83705 gKg ~~~_ ~000~ 06/28/00 p601 ~0601.APR I 300 N r ~ 0 300 600 Feet BLO RT 21 0 20 21 22 23 24 25 26 27 28 29 B O 3 37 30 14 15 19 31 32 18 12 13 14 15 16 17 18 19 1: 17 10 20 33 1 9 8 BLOC < 4 7 5 4 21 34 1 16 15v 13 12 6 3 22 35 1 11 2 23 10 --- _ _ g 1 1 ' "-r. 8 ~ 7 Z ~ C\\ ~~~~~~~~~, 6 5 ~ 4 3 ~/~v zoxE nx>rn _/ BOIINDARY \ 3 R 1 BLOCK 1 2 R-4 0 PEBBLESTONE L ST S E PARK STONE BRIGGS ENGINEERING, INC. gNYNEEPoNp BRIGGS INC. (208) 3449700 1800 W. OVERLAND ROAD BOISE, IDAHO 63705 ~ w ~ ~ a m a TUMI VICINITY MAP REVISION BRIDGETOWER SUBDIVISION PORTION OF THE SOUTH 1/2 OF SECTION 35, T.4N., R.1 W., B.M., ADA COUNTY, IDAHO SHEET ~ OF 1 DESIGN DRAFT SCALE DATE DWG. NO. BKB 1" = 300' O6f29/00 0601 \0601.APR 1 ~ 2 BLOCK 1 \ s 7 W. USTICK ROAD 7 zo 19 18 17 16 15 9 14 10 13 11 12 11 ' 12 9 5 13 14 g 4 6 ~ 15 , i 3 2 ~~ 7 1 6 5 4 5 3 4 2 \ 3 2 BLOCK 2 3 RT r'~ Facts and Findings: A. Generallnfonnation Owner - Ed Bews Applicant -Becky Bowcutt RT -Existing zoning R-4 -Requested zoning 46.20 -Acres 106 -Proposed building lots 21 -Proposed common lots 6,500 -Total lineal feet of proposed public streets (approximately) 256 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Service Area Meridian -Impact Fee Assessment District Ustick Road Minor arterial with bike lane designation Traffic count of 5,351 on 5-2-00 Better than C-Existing Level of Service Better than C-Existing plus project build-out Level of Service 670-feet of frontage 70-feet existing right-of--way (25-feet north from centerline) 96-feet required right-of--way (48-feet from centerline) Ustick Road is improved with 25-feet of pavement with no curb, gutter or sidewalk abutting the site. There is sidewalk on the south side of Ustick Road across from the site. B. On July 24, 2000, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On July 28, 2000, the staff met as the District's Technical Review Committee and reviewed the impacts of this proposed development on the District's transportation system. The results of that analysis constitute the following Facts and Findings and recommended Site Specific Requirements. C. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. D. The applicant is proposing to construct the main entrance, Towerbridge Way, with a 29-foot street section and a 36-foot street section, with a 30-foot wide center median and located approximately 400-feet east of Quarrystone Way on the south side of Ustick Road. The applicant will be required to dedicate sufficient right-of--way for the entire width of the entrance. Bridgetower.cmm Page 2 n ~ E. The applicant should be required to construct a center turn lane on Ustick Road for the Ustick Road/Towerbridge Way intersection. The turn lane should be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the tum lane with District staff. F. The applicant is proposing to construct the main entrances to Pride Crossing Drive with 29-foot street sections and a 20-foot wide center median. The applicant will be required to dedicate sufficient right-of--way for the entire width of the entrances. G. The applicant will be required to construct a bridge on N. Towerbridge Way where the roadway crosses Fivemile Creek. The bridge should be constructed as a 29-foot street section with curb, gutter and 5-foot wide concrete sidewalks. H. Towerbridge Way and Pride Crossing Drive should be designated as residential collector streets with no front-on housing, because the anticipated traffic volumes exceed 1,000 vehicle trips per day. The access restrictions for these streets should be stated on the final plat: District policy requires that these street segments be constructed as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks. Unless otherwise noted, parking should be prohibited on these street segments. Coordinate the signage plan with District staff. The applicant should be required to construct a 5-foot wide concrete sidewalk on Ustick Road abutting the parcel. The sidewalk should be located 2-feet within the new right-of--way. Coordinate the location and elevation with District staff. Utility poles should be relocated out of the new right-of--way on Ustick Road, and are the responsibility of the developer. K. Unless otherwise approved, the applicant should be required to construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet ofright-of--way. L. The applicant is proposing to construct the main entrance to Trestle Drive with 21-foot street sections and a 10-foot wide center median. The applicant will be required to dedicate sufficient right-of--way for the entire width of the entrance. M. The applicant is proposing to stub Pride Crossing Drive, a residential collector, to the east property line between Lot 3, Block 2 and Lot 2, Block 7. District staff supports the location of the stub street. The applicant is not required to provide a paved temporary hrnaround at the end of the stub street because the stub is one-lot in depth. The applicant should be required to install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. N. The applicant is proposing to stub Towerbridge Way, a residential collector, to the north property line between Lot 14, Block 5 and Lot 30, Block 3, and constructed over the Creason Lateral. District staff supports the location of the stub street. The applicant is not required to provide a paved temporary turnaround at the end of the stub street because there is a public street Bridgetower.cmm Page 3 intersection. The applicant should be required to install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. O. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. P. The turnarounds should be constructed to provide a minimum turning radius of 45-feet, as proposed. Q. The applicant is proposing to construct a recreation center on Lot 2, Block 2, and is proposing to construct a 40-foot wide driveway to access that lot. The driveway should be located as proposed at the east property line of Lot 2, Block 2, and should be constructed 24 to 30-feet wide. R. Lots 2, 3 and 6 of Block 1, are being rezoned to R-4 to follow Meridian's comprehensive plan. The applicant intends to rezone these lots to light office or commercial in the future (conceptual). The applicant is proposing to locate driveways approximately 140-feet north of Ustick Road. The driveways should be located as proposed, and constructed 24 to 30-feet wide. S. Unpaved driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with past action by the District the applicant should be required to pave the driveways their full width and at least 30-feet into the site beyond the edge of pavement of any public street. T. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will be adequate to accommodate additional traffic generated by this proposed development with the requirements outlined within this report. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACRD approval of the final plat: Site Specific Requirements: Dedicate 48-feet ofright-of--way from the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be compensated for all right-of--way dedicated as an addition to existing right- of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. Bridgetower.cmm Page 4 2. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. Construct the main entrance, Towerbridge Way, with a 29-foot street section and a 36-foot street section, with a 30-foot wide center median and located approximately 400-feet east of Quarrystone Way on the south side of Ustick Road, as proposed. Dedicate sufficient right-of- way for the entire width of the entrance. 4. Construct a center turn lane on Ustick Road for the Ustick Road/Towerbridge Way intersection. The turn lane should be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. Construct the main entrances to Pride Crossing Drive with 29-foot street sections and a 20-foot wide center median. Dedicate sufficient right-of--way for the entire width of the entrances. 6. Towerbridge Way and Pride Crossing Drive shall be designated as residential collector streets with no front-on housing, because the anticipated traffic volumes exceed 1,000 vehicle trips per day. The access restrictions for these streets shall be stated on the final plat. Construct these streets segments as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks. Unless otherwise noted, parking should be prohibited on these street segments. Coordinate the signage plan with District staff. 7. Construct a bridge on N. Towerbridge Way where the roadway crosses Fivemile Creek. The bridge shall be constructed as a 29-foot street section with curb, gutter and 5-foot wide concrete sidewalks. Coordinate the design of the bridge with District staff. Construct a 5-foot wide concrete sidewalk on Ustick Road abutting the parcel. The sidewalk should be located 2-feet within the new right-of--way. Coordinate the location and elevation with District staff. 9. If relocation is required, utility poles shall be relocated out of the new right-of--way on Ustick Road, and are the responsibility of the developer. 10. Construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet ofright-of--way. 11. Construct the main entrance to Trestle Drive with 21-foot street sections and a 10-foot wide center median as proposed. Dedicate sufficient right-of--way for the entire width of the entrance. Bridgetower.cnun Page 5 ,~'"~ r 12. Stub Pride Crossing Drive, a residential collector, to the east property line between Lot 3, Block 2 and Lot 2, Block 7. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 13. Stub Towerbridge Way, a residential collector, to the north property line between Lot 14, Block 5 and Lot 30, Block 3, and construct over the Creason Lateral. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 14. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 15. Construct the turnarounds to provide a minimum turning radius of 45-feet, as proposed. 16. Construct a 24 to 30-foot wide driveway at the east property line of Lot 2, Block 2 to access the proposed recreation center. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of Pride Crossing Drive. 17. Construct a 24 to 30-foot wide driveway on Towerbridge Drive, approximately 140-feet north of Ustick Road to access Lots 2, and 3, Block 1, future office/commercial sites. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of Towerbridge Drive. 18. Construct a 24 to 30-foot wide driveway on Towerbridge Drive, approximately 140-feet north of Ustick Road to access Lot 6, Block 1, a future office/commercial site. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of Towerbridge Drive. 19. Direct lot or parcel access to Ustick Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9.00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and Bridgetower.cmm Page 6 report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and inchide written documentation of data that was not available to the Commission at the time of its original decision The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the plam~ed use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Bridgetower.cmm Page 7 Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted bv: Commission Action: Planning and Development Staff August 9. 2000 Bridgetower.cinm Page 8 .-. August 3, 2000 PP-00-017 MERIDIAN PLANNING & ZONING MEETING AUgUSt $, 2000 APPLICANT Primeland Development Co., LLP ITEM NO. $ REQUEST Preliminary Plat of 46.20 acres in a proposed R-4 zone for 106 buildin lots 1 H O A recereation center, 1 park lot and 19 common lots for Proposed Brid etower Subdivision North of Ustick and East of Ten Mile AGENCY COMMENTS CITY CLERK: Subdivision Evaluation CITY ENGINEER: See Attached CITY PLANNING DIRECTOR: See Attached CITY ATTORNEY CITY POLICE DEPT: See Attached CITY FIRE DEPT: See Attached CITY BUILDING DEPT: CITY WATER DEPT: See Attached MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ~ ~ U CENTRAL DISTRICT HEALTH: See Attached NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: ,~ (- .~~ ~,.. US WEST: , ~ 1/~ ~~~ INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See attached comments from Sewer Department Contacted: ~°A ,~- Date: ~'``~ ~~~~'(~ ` Phone: ~~~ ~ ~ ~-= ~ ~ Materials presented at public meetings shall become property of the City of Meridian SUPS'"`'ISION EVALUATION ;'"`~~T Proposed Development Name BRIDGETGWER SUB File # PFP-00-017 Date Reviewed July 27.2000 Preliminary Stage XXX Final Engineer/Developer BRIGGS ENGINEERING WC/PRIMFI en~n nw~~ r,r,..~.~T 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 th The following existing street names shall appear on the plat "W. USTICK R AD" The following street names are approved and shall appear on this plat "N. TOWERBRIDGE WAY" "N. STATION AVENUE" "W. PRIMELAND DRIVE" "W. CROSSLAND DRIVE" "N. COACHMAN AVENUE" "W. PRIDE CROSSING DRIVE" "N. GOLDEN SPIKE WAY" "W. GRASSY BRANC DRIVE" "W. TRESTLE DRIVE" 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~GENCY ~RESENTATIVES OR DESIGNEES Ada County Engineer John Priester ~ ~+ ~~2-- Date 7~~ 7l~ Community Planning Assoc. Linda Ritt Date '% ~! % U City of Meridian Date ~ ~ MRD Fire District ° Representative -~ Date ~ Zf~-~ c~ 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 35 4N1 W Section NUMBERING OF LOTS AND BLOCKS a~ S ,, TR\SUBSISM_CITY.FRM ~ / ~~- 7/z 7/nc~ r CENTRAL CEN I RAL DISTRICT HEALTH DEPARYMENT •• DISTRICT Environmental Health Division ~R'HEALTH Return to: DEPARTMENT -- ^ Boise ^ Eagle Rezone # ^ Garden City Meridian Condi ' Use ## ^ Kuna - relimina Final /Short Plat mid -l~C~ -C5/ ~ ^ 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 ^ waste flow characteristics ^ or bedrock from original grade ^ other ^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After wr tten 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 f Environmental Quality: ~entral sewage ^ community sewage system ^ community water ^ sewage dry lines [~ central water 10. Run-off is not to create a mosquito breeding problem. I I. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 13. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store 14. ~f~ szS' -G ~ ..~Tf.ES .f~~b rpr.~..-w~ TG~/~ Date: ~' /.~ 7 / 6,c~ Reviewed By: _ ,~.,..-~.~~ NHD 10/91 r~, rcr. 7/91 Review Sheet CENTRAL ~~ DISTRICT i11'HEA~TH DEPARTMENT MAIN Off(CE • 101 N. ARtiiSiRGNG Pl. • 901St. ID 8Ji0~•08?5 • ;G9) X75-:.. • ; ,,;( ,',,i.,,S~O Tu prrvrnl arrd !teat disease mrd disability; to promote lrealtlry lifestyles; arrd to protect and promote flee lreal!lr arrd grraliry of urrr rrn•rrorarrenr. STORM tiVATER MANAGEMENT RECOiVZMENDATZONS It is recommended that storm water be pre-treated through a jrassy swale prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: State of Idaho Catalog of Stormwater Best ~Llana~ ement Practices For Idaho Cities and Counties. • Prepared by the Idaho Division of Environmental Quality, July 1997. Stormwater Best !lilanagement Practices Guidebook. Prepared by City of Boise Public Works Department, January 1997. Serving valley, Elmore, Boise, arrd Ada Counties Ada /Boise County Office Ada-WIC Satellite Office Elmore Count' Office Vcltey County Oftic2 ,'~i .4. ArmSrOng PI. 1506 RC09rt jt. J20 C. nth Siro?t ^I, TGJ iV. 1; jir9g' X062, IO BJiGd 30i5@, 10 ~J TGS MOUntpin Home, ID dJCd7 P Q. ~Ox I Gd?, :rnnro. Heath: J27aa9v Ph. 3Ja-JJ55 Enviro. Heairh: ;ZT•^.225 ~~ncCcu. 10 .J~JB F~mdy Plonninq: J21•Ta00 FAX: JJa•JJ55 Family Heoltre SaT•adOT Ph. bJa-TiOc ~nmurnzorions: 32T-Ta50 wIC: Sd1•da0p FAX: 6Jd•21 •'~ ~.?rnor ~VUrrmon: J27.7460 FAX: 537•J521 ~~nC J2T•Td98 MAYOR '~' HUB OF TREASURE VALLEY Robert D. Come A Good Place to Live LEGAL DEPARTMENT CITY CO CITY OF MERIDIAN ~..os~ PUBS ~ o KS~-501 UNCIL MEMBERS W R Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-'-'21I • Fax 887-1297 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: August 1, 2000 Transmittal Date: July 18, 2000 Hearing Date: August 8, 2000 File No.: -~ -00-017 Request: Prelimnary Plat for in a proposed R-4 zone with 106 buidable lots and 21 other lots on 46.20 acres for propsed Bridgetower Subdivision By: Primeland Development Co., LLP Location of Property or Project: East of Ten Mile, North of Ustick Sally Norton, P/Z Bill Nary, P/Z Thomas Barbeiro, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department Building Department Your Concise Remarks: ''~ Z ''~ ..~ ~~ Fire Department Police Department /;fl.L C~~JG,~ ~},"~L ~t/~.~~° ~`~ /3,,jL ~j City Attorney City Engineer City Planner Gen - 26 PP/FP/PFP - 31 AZ - 27 ~U~~'~ 1 r. r1 r^ MAYOR HUS OF TREASURE VALLEY Robert D. Cowie A Good Place to Live LEGAL DEPARTMENT CITY C CITY OF MERIDIAN (..08) B 2501 OUNCIL MEMBERS PUBL C WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: AUgUSt 1, 2000 Transmittal Date: July 18, 2000 Hearing Date: August 8, 2000 File No.: ~~ -00-017 Request: Prelimnary Plat for in a proposed R-4 zone with 106 buidable lots and 21 other lots on 46.20 acres for propsed Bridgetower Subdivision By: Primeland Development Co., LLP Location of Property or Project: East of Ten Mile, North of Ustick Sally Norton, P/Z Bill Nary, P/Z Thomas Barbeiro, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer City Planner Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP1PP) Ada County (Annexation) Idaho Transportation Department Gen - 26 PP/FP/PFP - 31 AZ - 27 ~~ MAYOR "`, .~ HUB OF TREASURE VALLEY "' - Robert D. Come A Good Place to Live LEGAL DEPARTMENT CITY COUNCIL MEMBERS CITY OF MERIDIAN (208) 288-2499 • Fax 288.2501 Ron Anderson 33 EAST IDAHO PUBLIC WORKS BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-22I I • Fax 887-1297 Tammy deWeerd (208) 888-.L133 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-j533 • Fax 888-6854 TRANSMITTALS 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: August 1, 2000 Transmittal Date: July 18, 2000 Hearing Date: August 8, 2000 File No.: ~~ -00-017 Request: Prelimnary Plat for in a proposed R-4 zone with 106 buidable lots and 21 other lots on 46.20 acres for propsed Bridgetower Subdivision By: Primeland Development Co., LLP Location of Property or Project: East of Ten Mile, North of Ustick Sally Norton, P/Z Bill Nary, P/Z Thomas Barbeiro, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer City Planner Gen - 26 PP/FP/PFP • 3t AZ - 27 Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department RECE~D J U L 2 5 2000 CITY OF MERIDIAN ~ U L 2 ~+ 2000 N12ric1ia~ n endelat Water Supe Your Concise Remarks: ~~D ~m~~ ~~ HUB OF TREASURE UgLLEY MAYOR - ~ A Good Place to Live LEGAL DEPARTMENT Robert D. Come (2pg) 2gg_2a99 • Fax 288-2501 CITY OF MERIDIAN PUBLIC WORKS CITY COUNCIL MEMBERS BUILDING DEPARTMENT Ron Anderson 33 EAST IDAHO (208) 887-2211 • Fax 887-1297 MERIDIAN, IDAHO 83642 Keith Bird (208) 888-4433 • Fax (208) 887-4813 ONING PLAN Tammy deWeerd City Clerk Office Fax (208) 888-4218 DEPARTMEN Cherie McCandless (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendationswdl be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: August 1, 2000 Transmittal Date: July 18, 2000 Hearing Date: August 8, 2000 File No.: ~Y -.... Request: Prelimnary Plat for in a proposed R-4 zone with 106 buidable lots and 21 other lots on 46.20 acres for propsed Bridgetower Subdivision By: Primeland Development Co., LLP Location of Property or Project: East of Ten Mile, North of Ustick Sally Norton, P/Z Bill Nary, P/Z Thomas Barbeiro, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer City Planner Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department Your Concise Remarks: ~ ~~ Gen - 26 PP/FP/PFP - 31 AZ - 27 RT IART 1000 •--~ N /~\ RT 0 1000 I 2000 Feet' Rr Rr N MERIDIAN CITY LIMITS BOIINDARY RT \ ~` O ZONE BOIINDARY ~ ^ ,,~ RJ R1 M~ IIOO I 1 ~r~-,IrT-, ~ ~~;~ ~~'^~ ~, a~ Ri BRIGGS ENGINEERING, INC. 1/2 MILE VICINITY e'°'" "° BRIDGETOWER SUBDIVISION REVISION BRIGGS "~ PORTION OF THE SOUTH 1 /2 OF SECTION 35, T.4N., R.1 W., B.M., (208) 3448700 ADA COUNTY, IDAHO SHEET 1800 W. OVERLAND ROAD 1 OF 1 BOISE, IDAHO 83705 DESIGN DRAFT SCALE DATE DWG. NO. BKt3 1" = 1000' 0628100 Og01 10601.APR .-. .-. 4 ~~ MAYOR HUB OF TREASURE VALLEY `'%~ Robert D. Cowie A Good Place to Live LEGAL DEPARTMENT CITY C CITY OF MERIDIAN 5~25o1 (208> P~B~~WOR OUNCIL MEMBERS K Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-22I l • Fax 887-1297 Tammy deWeerd (208) 888-J~i33 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: August 1, 2000 Transmittal Date: July 18, 2000 Hearing Date: August 8, 2000 File No.: ~~ -00-017 Request: Prelimnary Plat for in a proposed R-4 zone with 106 buidable lots and 21 other lots on 46.20 acres for propsed Bridgetower Subdivision By: Primeland Development Co., LLP Location of Property or Project: East of Ten Mile, North of Ustick Sally Norton, P/Z Bill Nary, P/Z Thomas Barbeiro, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer City Planner Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department Gen - 26 PP/FP/PFP - 31 AZ - 27 ~tECE~D JUL 2 5 2004 CITY OF MERIDIAN RECE'1'VE® J U L 2 ~+ 2000 Meridian ~ QndeRt Water Supe Your Concise Remarks: ~/D ~in~•--,~ HUB OF TREASURE VALLEY MAl OR A Good Place to Live LEGAL DEPARTMENT Robert D. Come , (..08) 288-2499 • Fax 288-2501 CITY OF MERIDIAN PUBLIC WORKS C1TY COUNCIL MEMBERS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT (zos> s87-221 I • Fax 887-1297 Keith Bird MERIDIAN, IDAHO 83642 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING City Clerk Office Fax (208) 888-4218 ` DEPARTMENT Cherie McCandless s~ (208) 884-5533 • Fax 888-6854 TRANSMITTALS 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: August 1, 2000 Transmittal Date: July 18, 2000 Hearing Date: August 8, 2000 File No.: ~ -00-017 Request: Prelimnary Plat for in a proposed R-4 zone with 106 buidable lots and 21 other lots on 46.20 acres for propsed Bridgetower Subdivision By: Primeland Development Co., LLP Location of Property or Project: East of Ten Mile, North of Ustick Sally Norton, P/Z Bill Nary, P/Z Thomas Barbeiro, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department ~ Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer City Planner Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department Your Concise Remarks: Gen - 26 PP/FP/PFP - 31 AZ - 27 ,~,~~, ,,r/1 ~w.~, - ADA COUNTY HIGHWAY DISTRICT ~~ ' ~ Zoao Planning and Development Division ~ ~~!~~ :y~~.: ~~~~~ Development Application Report :~-~:Y. ~~~~$ Preliminary Plat - Bridgetower/MPP-00-017Ustick Road/Ten Mile Road 106 buildable lots MAZ-00-017/MCUP-00-043 A preliminary plat has been submitted to the City of Meridian for approval of a 127-lot residential subdivision. The applicant is also requesting a rezone from RT to R-4, and conditional use approval for a planned unit development. The application has been referred to ACHD by the City of Meridian for review and comment. The 46.2-acre site is located on the north side of Ustick Road, approximately 1/3-mile east of Ten Mile Road. This development is estimated to generate 1,060 additional (10 existing) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Ustick Road ACHD Commission Date -August 9, 2000 - 7:00 p.m. Bridgetower.cmm Page 1 RT ~ fit; () 0 1000 RT RT RT MERIDIAA CITY O LIMITB BOIIADARY ~~~1 _~ ~- ~ / j aT ~ '', ZONE BOIIHDARY ~~.~ ^ Ra R1 _ ~_~ I [~ o rTTIT~ O ,..~ N .-.. RT Rt „ter Ri ^ ~ 2000 Feet I a ~~ ~~ t ~~• p p 1 1J111J R7 !_,~,T R ~~-~-~.~-~-~~~ ~ /(I III T~ IT~I RT LL1~1J BRIGGS ENGINEERING, INC. 1/2 MILE VICINITY REVISION ~'"~""° BRIDGETOWER SUBDIVISION BRIGGS PORTION OF THE SOUTH 1 /2 OF SECTION 35, T.4N., R.1 W., B.M., "~ (208) 3448700 ADA COUNTY, IDAHO SHEET 1 of 1 1800 W. OVERLAND ROAD DESIGN DRAFT SCALE GATE DWG. NO. BOISE, IDAHO 83705 BKB 1"= 1000' 06/28/00 0601 10601.APR r 3t i0 Feet BLOCK 7 21 20 a 20 21 22 23 24 25 26 27 26 29 8 O 3 g7 19 19 30 14 15 16 31 16 17 17 18 12 13 14 15 16 17 18 19 32 13 16 33 15 17 10 9 8 BLOC 4 20 12 9 7 5 4 21 34 11 10 14 16 7 13 15v 13 6 3 22 35 10 11 12 11 6 O 12 - - 11 10 2 1 23 ~ 1 9K 5 5 13 14 9 8 - - -Y. 9 8 7 J i~~ 8 7 i .4 3 6/ 1 ~~~ 7 6 ~~ 5 3 6 2 1 6 4 5 LOCK 4 5 ~; 1 2 3 zorr>, nx>ra 1 2 4 RT BOIINDARY 3 R~ BLOCK 1 2 R-4 O PEBBLESTONE L S~ S E PARK STONE BRIGGS ENGINEERING, INC. ~~~~ BRIGGS ~~~ (208) 3449700 1800 W. OVERLAND ROAD 801SE, IDAHO 83705 BLOCK 2 3 3 2 BLOCK 1 \ s ~ 7 W. USTICK ROAD i c7 ~ w ~ a m a TU MB LE C I R-41 VICINITY MAP REVISION BRIDGETOWER SUBDIVISION PORTION OF THE SOUTH 1 /2 OF SECTION 35, T.4N., R.1 W., B.M., ADA COUNTY, IDAHO SHEET 1 of 1 DESIGN DRAFT SCALE DATE DWG. NO. BKB 1' =300' 06!29/00 0601 ~0601.APR `.~~w, 4;u.r N. Facts and Findings: z~._, `:~~ A. General Information Owner - Ed Bews Applicant -Becky Bowcutt RT -Existing zoning R-4 -Requested zoning 46.20 -Acres 106 -Proposed building lots 21 -Proposed common lots ~~! 6,500 -Total lineal feet of proposed public streets (approximately) 256 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Service Area Meridian -Impact Fee Assessment District Ustick Road Minor arterial with bike lane designation Traffic count of 5,351 on 5-2-00 Better than C-Existing Level of Service .~~, Better than C-Existing plus project build-out Level of Service ;~ 670-feet of frontage 70-feet existing right-of--way (25-feet north from centerline) 96-feet required right-of--way (48-feet from centerline) Ustick Road is improved with 25-feet of pavement with no curb, gutter or sidewalk abutting the site. There is sidewalk on the south side of Ustick Road across from the site. B. On July 24, 2000, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On July 28, 2000, the staff met as the District's Technical Review Committee and reviewed the impacts of this proposed development on the District's transportation system. The results of that analysis constitute the following Facts and Findings and recommended Site Specific Requirements. C. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. D. The applicant is proposing to construct the main entrance, Towerbridge Way, with a 29-foot street section and a 36-foot street section, with a 30-foot wide center median and located approximately 400-feet east of Quarrystone Way on the south side of Ustick Road. The applicant will be required to dedicate sufficient right-of--way for the entire width of the entrance. E. The applicant should be required to constntct a center turn lane on Ustick Road for the Ustick Road/Towerbridge Way intersection. The turn lane should be constructed to provide a minimum Bridgetower.cmm Page 2 ~.,. /~ - of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. `~~ F. The applicant is proposing to construct the main entrances to Pride Crossing Drive with 29-foot ~- street sections and a 20-foot wide center median. The applicant will be required to dedicate sufficient right-of--way for the entire width of the entrances. G. The applicant will be required to construct a bridge on N. Towerbridge Way where the roadway crosses Fivemile Creek. The bridge should be constricted as a 29-foot street section with curb, gutter and 5-foot wide concrete sidewalks. H. Towerbridge Way and Pride Crossing Drive should be designated as residential collector streets with no front-on housing, because the anticipated traffic volumes exceed 1,000 vehicle trips per day. The access restrictions for these streets should be stated on the final plat. District policy requires that these street segments be constructed as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks. Unless otherwise noted, parking should be prohibited on these street segments. Coordinate the signage plan with District staff. I. The applicant should be required to construct a 5-foot wide concrete sidewalk on Ustick Road abutting the parcel. The sidewalk should be located 2-feet within the new right-of--way. Coordinate the location and elevation with District staff. J. Utility poles should be relocated out of the new right-of--way on Ustick Road, and are the responsibility of the developer. K. Unless otherwise approved, the applicant should be required to construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet ofright-of--way. L. The applicant is proposing to construct the main entrance to Trestle Drive with 29-foot street sections and a 10-foot wide center median. The applicant will be required to dedicate sufficient right-of--way for the entire width of the entrance. M. The applicant is proposing to stub Pride Crossing Drive, a residential collector, to the east property line between Lot 3, Block 2 and Lot 2, Block 7. District staff supports the location of the stub street. The applicant is not required to provide a paved temporary turnaround at the end of the stub street because the stub is one-lot in depth. The applicant should be required to install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. N. The applicant is proposing to stub Towerbridge Way, a residential collector, to the north property line between Lot 14, Block 5 and Lot 30, Block 3, and constructed over the Creason Lateral. District staff supports the location of the stub street. The applicant is not required to provide a paved temporary turnaround at the end of the stub street because there is a public street intersection. The applicant should be required to install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. Bridgetower.cmm Page 3 ~~ r/'~ O. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat r M should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. ~..;. =~=6 P. The turnarounds should be constructed to provide a minimum turning radius of 45-feet, as proposed. Q. The applicant is proposing to construct a recreation center on Lot 2, Block 2, and is proposing to construct a 40-foot wide driveway to access that lot. The driveway should be located as proposed at the east property line of Lot 2, Block 2, and should be constructed 24 to 30-feet `'"~' wide. ~~ ' ;~ R. Lots 2, 3 and 6 of Block 1, are being rezoned to R-4 to follow Meridian's comprehensive plan. ;~ The applicant intends to rezone these lots to light office or commercial in the future (conceptual). ~=° The applicant is proposing to locate driveways approximately 140-feet north of Ustick Road. The driveways should be located as proposed, and constructed 24 to 30-feet wide. S. Unpaved driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with past action by the District the applicant should be required to pave the driveways their full width and at least 30-feet into the site beyond the edge of pavement of any public street. ~=~~>- T. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will be adequate to accommodate additional traffic generated by this proposed development with the requirements outlined within this report. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: Dedicate 48-feet ofright-of--way from the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be compensated for all right-of--way dedicated as an addition to existing right- of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. Bridgetower.cmm Page 4 .~~<: 3. Construct the main entrance, Towerbridge Way, with a 29-foot street section and a 36-foot ;; street section, with a 30-foot wide center median and located approximately 400-feet east of Quan-ystone Way on the south side of Ustick Road, as proposed. Dedicate sufficient right-of- ,z--.. way for the entire width of the entrance. ~=v: 4. Construct a center turn lane on Ustick Road for the Ustick Road/Towerbridge Way intersection. The turn lane should be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. Construct the main entrances to Pride Crossing Drive with 29-foot street sections and a 20-foot wide center median. Dedicate sufficient right-of--way for the entire width of the entrances. 6. Towerbridge Way and Pride Crossing Drive shall be designated as residential collector streets with no front-on housing, because the anticipated traffic volumes exceed 1,000 vehicle trips per day. The access restrictions for these streets shall be stated on the final plat. Construct these streets segments as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks. Unless otherwise noted, parking should be prohibited on these street segments. Coordinate the signage plan with District staff. 7. Construct a bridge on N. Towerbridge Way where the roadway crosses Fivemile Creek. The bridge shall be constructed as a 29-foot street section with curb, gutter and 5-foot wide concrete sidewalks. Construct a 29-foot wide bridge where N. Towerbridge Way crosses Fivemile Creek with sidewalk on both sides of the bridge. Coordinate the design of the bridge with District staff. 9. Construct a 5-foot wide concrete sidewalk on Ustick Road abutting the parcel. The sidewalk should be located 2-feet within the new right-of--way. Coordinate the location and elevation with District staff. 10. If relocation is required, utility poles shall be relocated out of the new right-of--way on Ustick Road, and are the responsibility of the developer. 11. Construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet ofright-of--way. 12. Construct the main entrance to Trestle Drive with 29-foot street sections and a 10-foot wide center median as proposed. Dedicate sufficient right-of--way for the entire width of the entrance. 13. Stub Pride Crossing Drive, a residential collector, to the east property line between Lot 3, Block 2 and Lot 2, Block 7. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. Bridgetower.cmm Page 5 A~ /~.1~ 14. Stub Towerbridge Way, a residential collector, to the north property line between Lot 14, Block „~,:~ 5 and Lot 30, Block 3, and construct over the Creason Lateral. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". ' Coordinate the sign plan for the stub street with District staff. ,.,~_.; 15. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 16. Construct the turnarounds to provide a minimum turning radius of 45-feet, as proposed. ~~ 17. Constrict a 24 to 30-foot wide driveway at the east property line of Lot 2, Block 2 to access the .~. s. proposed recreation center. Pave the driveway its full width and at least 30-feet into the site «: ``~"~' beyond the edge of pavement of Pride Crossing Drive. ~, i 18. Construct a 24 to 30-foot wide driveway on Towerbridge Drive, approximately 140-feet north of Ustick Road to access Lots 2, and 3, Block 1, future office/commercial sites. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of Towerbridge Drive. 19. Construct a 24 to 30-foot wide driveway on Towerbridge Drive, approximately 140-feet north of Ustick Road to access Lot 6, Block 1, a future office/commercial site. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of Towerbridge Drive. 20. Direct lot or parcel access to Ustick Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request '- shall specifically identifv each reauirement to be reconsidered and include a written explanation ~r4 of why such a reauirement would result m a substantial hardship or inequity The written W request shall be submitted to the District no later than 9.00 a m on the day scheduled for Q:~ K,, =~ ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACRD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The reauest for reconsideration shall specifically identifv each reauirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its on final decision. The request Bridgetower.cmm Page 6 ~ `~ ~.,,~ for reconsideration will be heard by the District Commission at the next regular meeting of the ~: Commission. If the Commission agrees to reconsider the action, the applicant will be notified ~, ~ , of the date and time of the Commission meeting at which the reconsideration will be heard. _~~ 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Bridgetower.cmm Page 7 .-.~~ ~ .y, Conclusion of Law: ~_ 1. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity "° impacted by the proposed development. Should you have any questions or comments, please contact the Plamling and Development Division at 387-6170. Submitted bv' Commission Action: Planning and Development Staff Bridgetower.cmm Page 8 ti ~ O- .,y~. ~, ~ -~`~ -~;~ 8EC1[Y B®WCUTT PUINIiiN& SEBYICES ~ ~~ ~ ~' 11283 YV. Hickory Dele ~ ~'' _ ~l `' ~° Boise, ttlaho 83713 ., i, _ J l) z1 -:: ~ August 7, 2000 City of Meridian Attn: Brad Hawkins-Clazk, Bruce Freckleton and Will Berg 200 F. Carlton, Suite 201 Meridian, Idaho 83642 Re: Bridgetower Subdivision (Responses to staff comments on the annexation, preliminary plat & planned unit development). ANNEXATION & ZONING - GENERAL CONIIVIENTS: 1. The applicant agrees. 2. The applicant agrees. 3. The applicant agrees. ANNEXATION & ZONING -GENERAL REQUIREMENTS. 1. The applicant intends to pipe those portions of the Cresson Lateral which are within this phase of the project. Those sections of the lateral outside this plat and on the larger subject property will be piped in future phases. Five Mile Creek adjoins the property and will not be piped since it is a natural drainage waterway. 2. The applicant comply with removal of existing septic systems and wells. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will provide a drainage plan for the proposed parking area at the recreation center. Storm drainage for the parking lot will be retained on site. However, pre-development subdivision storm drainage will be discharged to Five Mile Creek if approved by Nampa-Meridian Irrigation District. 6. The applicant will comply. 7. The applicant will comply with signage requirements. 8. The applicant will comply. 9. The applicant will comply with applicable ADA standazds. AUr, 07 '00 12:09 PAGE.02 ~n1 ~•.~ •',NNEXATION SITE SPECIFIC .REQUIREMENTS; 1. The applicant will enter into a development agreement. 2. The applicant understands, 3. 'The applicant will provide a 20 foot rear setback for lots 2 8t 3, block 1. This area will be landscaped to provide an adequate buffer for the adjoining residential use, 4. "1'he applicant understands that the three lots Labeled as future ofI-ice lots will require a rezone after City the adopts the new Comprehensive Plan. The applicant will incorporate the three lots in a separate final plat if required by the Ada County Engineer. PRELIlVIINARY PLAT REQUREMENTS; I .The applicant will comply. 2. The applicant wilt comply. 3. The applicant will comply. 4. The applicant will comply. S. The applicant will utilize the Cresson Lateral as a primary source for the pressurized irrigation system. Five Mile Creek may be used as a secondary source if approved by Nampa-Meridian Irrigation District, A shallow well will be used for a second source if the Creek is not available. The applicant has not determined who will own and maintain the system, he is reviewing the options. 6. The applicant will comply. 7. The property was under agricultural production when the test holes were excavated. This affects the groundwater levels. The applicant's engineer will provide the necessary data to meet City standards for groundwater separation. 8. The applicant will comply if applicable. 9. The applicant will meet with Meridian Fire Department concerning a secondary access. However, we believe a second access is not needed with this development since ACRD standards allow l00 homes to utilize a a single access. 10. Ada County Highway District did not require bike paths along the collectors. The applicant is providing separated sidewalk along Towerbridge and proposes a convenient system of interlinking pedestrian pathways. These pathways would link the neighborhoods to the pazk and possible school site. A pathway is proposed along the Cresson Lateral northeast of this development application. Nampa-Meridian Irrigation District approval would be required. We believe the planned network of pathways would be superior to a stripped bike path within the roadway. l i. The applicant will comply. 12. The applicant has concerns about the timing of the relief line adjacent to the first phase. The applicant would like the City to indicate a time frame. If the lots do not encroach within the permanent easement and adequate area is available for installation of the relief line then this condition should be removed This restriction would create a hardship on this project. AUG 87 '88 1289 PAGE.~3 r • -* .~~` /"t --~, The applicant would prefer the City look at other options to eliminate the possible conflict. 13. The applignt will comply. 14. The applicant will ccmiply. 15. The applicant will comply. 16. The applicant will comply. CONDITIONAL USE REQUIItEMENTS: 1. The applicant requests that all applicable conditions be listed in this document. 2. The applicant agrees that the deviation of frontages and block length is allowable under the provisions of the PUD section. However, the applicant submitted a variance application since previous block length waivers were handled through a variance. 3. The applicant will discuss pathway locations and construction with the Parks Department. The applicant at this time is reluctant to make any commitments until a meeting with Parks and Nampa-Meridian Irrigation District is completed to discuss both agencies requirements. These agencies must be in agreement concerning standards. 4. Under Section 12-6-7-E-4 the Ordinance allows the common area to be conveyed to a public body. If the park is private, the use will be limited to the residents of the Bridgetower Subdivision. The applicant suggested the public option since the location of the park adjoins Five Mile Creek. If the park were developed as a public recreation area, certain standards setforth by the Parks Department would be imposed. These standards would most likely be more costly than development of the park as private. The Pazk Impact Fee credits issue may warrant fiuther invcstigation. 5. The applicant will comply with staff recommendations. 6. The applicant will comply. 7. The applicant will comply. 8. The applicant will provide elevations for staff review. AUG 07 '00 12 10 PAGE. 84 .-..~ MAYOR N~%R OF TRE.-1SURE VALLEY ~~' Robert D. Corrie A Good Place to Live NT CITY COUNCIL MEMBERS 1 `~7 J ~'~pp" CITY OF MERIDIA' -~'°' Ron Anderson 33 EAST IDAHO ~~"~ 1~~ P rT Keith Bird MERIDIAN, IDAHO 83642 ~. 97 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 ~ ~~ ~ ~ ~~ Cherie McCandless City Clerk Office Fax (208) 888-4213 ~ ~~ ~~~ ~ -utS54 MEMORANDUM: August 3, 2000 To: Planning & Zoning Commission/Mayor & City Council From: ~ .Bruce Freckleton, Assistant to City Engineer`h~,~- Brad Hawkins-Clark, Planner ,~~ Re: BRIDGETOWER SUBDIVISION Request for Annexation and Zoning of 52.9 Acres from RT to R-4 by Primeland Development Co., LLP (File AZ-00-01 ~ Preliminary Plat of 46.2 Acres with 106 Buildable Lots and 21 Other Lots by Primeland Development Co., LLP (File PP-00-01 ~ Conditional Use Permit for 106 Lot P.U.D. by Primeland Development Co., LLP (File CUP-00-043) We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATIONS SUMMARY There are three separate applications covered in this report, each addressed separately after the summary. These applications comprise the initial, southernmost phase of a larger, mixed-use project planned to be developed by the Primeland Development. The annexation application proposes to annex six (6) separate parcels north of Ustick Road between Linder and Ten Mile under an R-4 zone. The preliminary plat application proposes to create 103 single-family residential lots, 19 landscape lots, a recreation center common lot, a park common lot and three (3) future office lots. There are two new residential collectors and several local roads proposed in the plat. The CUP/PUD application proposes a new Homeowners' Association recreation center on Lot 2, Block 2, and also requests a reduction in the minimum lot frontage. LOCATION The parcels to be annexed are located on the north side of Ustick Road, bisected by Five Mile Creek, approximately 1,900 feet east of Ten Mile, immediately across Ustick Road from Tumble Creek and Fieldstone Meadows Subdivisions. AZ-00.017, CUP-00-043, PP -00-017 Bridgetower.AZ.PP.CUP.doc `~-~` ~~ Planning & Zoning Comm.... ~ioi,/Mayor & City Council August 3, 2000 Page 2 SURROUNDING PROPERTIES The property is located in an area designated asSingle-family Residential in the Comprehensive Plan. The surrounding uses follow: North -Agricultural, zoned RT (Ada Co.) South - Asingle-family home with accessory agricultural equipment, zoned RT (Ada Co.); Fieldstone Meadows Sub, zoned R4; and Tumble Creek Sub, zoned R4. East -Agricultural and single-family homes, zoned RT (Ada Co.) West -Single-family home on 4.2 acres, zoned R4 (Meridian) CURRENT OWNERS OF RECORD There aze three sepazate property owners of the six (6) subject pazcels. E.L. Bews is the owner of the two (2) southernmost pazcels, Brad and Chandos Hoaglun aze the owners of the 0.4-acre parcel, and Young Lands, Ltd. (represented by Harry D. Young), is the owner of the remaining three parcels. Each owner has submitted consent for the applications. ANNEXATION & ZONING -GENERAL COMMENTS The legal description submitted with the application meets the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. 2. The requested zoning of R-4 is compatible with the Comprehensive Plan Land Use Map designation of Single-family Residential. The subject property is within the Urban Service Planning Area. 3. Essential City services are available to the subject parcels. The Applicant has noted that discussions are underway with the Meridian School District regarding a potential school site east of subject parcel. ANNEXATION & ZONING -GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. 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 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. BridgetowEr.AZ.PP. C UP.doc AZ•00-OI7, CUP-00.043, PP-00.017 .~ .~ ~'~. Planning & Zoning Coma. ,i~1~Mayor & City Council August 3, 2000 Page 3 4. Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 5. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 6. Off-street parking shall be provided in accordance with the City of Meridian Ordinance 11- 13 for use ofproperty. 7. All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian.Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 8. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 9. All construction shall conform to the requirements of the Americans with Disabilities Act. ANNEXATION SITE SPECIFIC REQULRMENTS 1. Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 2. Meridian City Ordinance 12-6 sets forth the requirements for Planned Developments. Any conditions attached to a Final Development Plan for Planned Development projects run with the land and shall not lapse or be waived as the result of any subsequent change in tenancy or ownership. 3. Due to the single-family use abutting the west boundary of Lots 2 and 3, Block 1 (proposed as future office use), a minimum 20-foot planting strip, in accordance with City Ordinance 12-4-7.A., is required along the west property lines of these two lots and shall be a condition attached to this property in the Development Agreement. 4. The Applicant has noted that Lots 1-3 of Block 1, south of Five Mile Creek, are intended as future office lots. However, the current Comprehensive Plan does not support an office or commercial zoning. These lots may be annexed with an R-4 zone but shall be restricted from obtaining any building permits until the lots are formally rezoned to the L-O or other zone which allows office uses. Staff does support the concept of incorporating other uses besides residential as part of this development. Since the Bureau of Reclamation right-of--way separates these lots from the residential portion of the subdivision, a separate final plat and subdivision name will be required. AZ-00-OI7, CUP-00.043, PP-00-017 BridBetower.AZ.PP.CUP.doc .-r.~ ~~ Planning & Zoning Comm.~~ion/Mayor & City Council August 3, 2000 Page 4 PRELIMINARY PLAT REQUIREMENTS Obtain a letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department 3. Sanitary sewer and water service to this site shall be via extensions from existing mains installed adjacent to the proposed subdivision. Applicant will be responsible to construct the sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes aze to be provided to keep the sewer lines on the south and west sides of the centerline. 4. The developer shall be responsible for the payment of sewer and water assessment fees, as well as the actual physical connection of the existing homes located within the boundaries of this subdivision. Underground pressurized irrigation must be provided to all landscape areas on site. Due to the landscape azea, primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. The preliminary plat map indicates that the Five Mile Creek will be utilized as the secondary source. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by an association or the Nampa & Meridian Irrigation District. If the system is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process: A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. 6. A detailed landscape plan for the common azeas, including fencing locations and details, pathways and types of construction, shall be submitted for review and approval with the submittal of the final plat application. The plan must include sizes and species of trees, shrubs, berming/swale details, and all proposed ground cover/treatment. No fencing will be permitted within the required landscape buffers. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the Final Plat. Perimeter fencing shall be installed prior to obtaining building permits. 7. The soils investigation report submitted with the application indicates that groundwater was encountered at some fairly shallow depths within the project site. Design engineer to provide a statement of compliance, prior to the approval of development plans, that certifies that the centerline finish grade of the streets, public or private, is at least three feet above the established normal ground water elevation. This is an effort to ensure that the building footings are at least one foot above the high groundwater. Bridgetowxr.AZ.PP.CUP. doc AZ-00-017, CUP-00.043, PP-00-017 •-~•~ ~~ Planning & Zoning Comm.~.;ion/Mayor & City Council August 3, 2000 Page 5 8. An irrigation pump station is proposed within the 100-year floodplain on Lot 2, Block 2. The future base floor elevation of this structure must be raised a minimum of 12 inches above flood plain elevation. 9. N. Towerbridge Way is the only ingress/egress access proposed to serve the 103 homes in Phases 1 and 2. The Applicant must work with the Meridian Fire Department to determine whether a temporary emergency access point is necessary until such time as a secondary principal access is provided. 10. City Ordinance 12-4-12 states, "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 automobiles) can be provided throughout the City urban service planning area." Since no front-on housing is permitted along Towerbridge and Pride Crossing (as Collectors), Staff recommends Applicant coordinate with ACRD to provide bike lanes within the 50-foot right-of--way of both collectors. The bike lanes will also .provide increased safety and accessibility for children traveling to school should a future elementary school be constructed east of the subdivision. 1 1. As a condition of the plat, Applicant shall be required to construct open-vision fencing or four-foot-high solid fencing (max.) along both sides of any pathways. The developer shall place a deed restriction on the residential lots adjacent to these micropaths to prohibit the construction of any fencing on the residential lot higher than four feet on the sides adjacent to the pedestrian walkway lot. 12. Please show all existing permanent and temporary sanitary sewer construction easements on the preliminary plat map. No lots shall be allowed to encroach within any permanent sanitary sewer easement, and no lot improvements shall be allowed to encroach within the temporary construction easement until such time as construction is complete and the temporary easement is released per the terms of the easement. No building permits shall be issued on any lot bordering the north side of the Five Mile Creek, untill such time as the relief sanitary sewer main is built. 13. Applicant is proposing to leave the Creason Lateral open until such time as the adjacent property is developed. If approved, applicant should be required to provide a letter of credit and cash for tiling of the ditch prior to applying for building permits. 14. Lots 8-19, Block 7, and Lots 16-19, Block 3, are impacted by irrigation easements. Provide a copy of the executed encroachment agreement with Nampa-Meridian Irrigation District, indicating how the land underlying these easements may be used, prior to signature on the final plat. If encroachment of the Creason Lateral is not granted, the easement area will need to be removed from the building lots. 15. Add the Right to Farm note to the plat. Brid getower. AZ. PP. C UP. doc AZ-0P017, CUP-00.043, PP-00-0I7 s~ Planning & Zoning Comm,sion/Mayor & City Council August 3, 2000 Page 6 16. Please reply in writing to these comments by 12:OOpm on Monday, 8-7-00. CONDITIONAL USE REQUIREMENTS As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. 2. Variances to the straight R-4 zoning standards that would be required if this PUD is approved as proposed would include the following: R-4 Standard Proposed Minimum frontage 80 feet 61 feet Maximum block length 1,000 feet 1,500+ feet Both reductions are within the scope of allowable changes under the PUD ordinance. The Applicant has submitted a formal variance application for the block length, which will be heard before the City Council should the P&Z Commission recommend approval of the annexation and preliminary plat. The Comprehensive Plan, policy 4.1, pg. 56, of the Transportation Chapter, designates Five Mile Creek as a multiple use pathway. As stated in #8 of the Preliminary Plat application, any pathway along Five Mile Creek will require Bureau of Reclamation (BOR) and NMID approval. Since BOR owns the Five Mile right-of--way in fee simple and the future pathway location will beoff--site from this subdivision (i.e., there is no easement involved), staffrequests that the Applicant address the pathway issue during the public hearing process. The gravel access shown between Lots 11 and 12, Block 3, shall be constructed with a pedestrian walkway and platted as a separate common lot. Applicant is to coordinate pathway improvements with the Meridian Parks Director. 4. Item #7 of the Preliminary Plat application states that the Applicant has interest in dedicating the park area to the City for neighborhood park in exchange for Park Impact Fee Credits for the land dedication. However, as a PUD, the applicant is required to provide a minimum of 10% of the gross land area as common open space. If Lots 2 and 3 of Block 2 (common lots) are dedicated to the City, the 10% open space requirement would not be met. If the City did opt to accept dedication of the proposed park site, the developer would be responsible for construction of all improvements prior to dedication, and an offset to the required park impact fees would not be considered. 5. The Preliminary Landscape Plan submitted with the CUP application appears to propose two subdivision entrance signs on the east and west sides of Towerbridge Way at the Ustick Road entrance. No sign details or renderings were submitted. Staff supports the proposed locations (outside of the 40' x 40' clear vision triangle) and recommends monument-type signage along Ustick Road. Detailed signage plans will be subject to design review and separate permits. Bndgetowzr. AZ.PP. C UP. doc AZ-00.OI7,OUP-00.043, PP-00-017 Planning & Zoning Comm~~~ion/Mayor & City Council August 3, 2000 Page 7 6. Note that special attention will need to be paid on the Landscape Plan to ensure the 40' x 40' clear vision triangles are preserved at the intersections of all roadways. The preliminary plan currently shows some trees within these areas. 7. Ordinance 12-6-7.D requires that all planned developments provide underground utilities throughout the entire project site. 8. Please provide elevations of the proposed clubhouse for review and approval. RECOMMENDATION Staffrecommends approval of all three subject applications with the above conditions. COMPREHENSIVE PLAN POLICIES The 1993 Comprehensive Plan contains a variety of goals and policies that are relevant to this application. Staff has selected the following sections that most directly apply to the proposed project: The subject property is located in an area designated asSingle-family Residential in the Meridian Comprehensive Plan. It is within the Meridian Urban Service Planning Area. Economic Development Chapter Policies 3.1U, 3.2U Land Use Chapter Policies 2.1U, 2.2U, 2.3U, 6.3.c Natural Resources and Hazardous Areas Chapter Policies 1.1U, 2.1U, 2.SU, 3.1U, 4.1U Transportation Chapter Policies 1.6U, 1.9U Open Space. Parks & Recreation Policies 3.1, 5.3 Housing Chapter Policies 1.3, 1.4, 1.7, 1.12, 1.13U, 1.18 Community Desig_ Chapter Policies 1.8, 5.2U AZ-00-017, CUP-00-043, PP-00-017 BridgetowLr.AZ.PP.CUP.dce ~"~,~ . ti M~ ADA COUNTY HIGHWAY DISTRIC~T;~" - ;~, ~ ~ - Planning and Development Division ~l ~`~_ -~ -m. Development Application Report ~. `~ ~j Preliminary Plat - Bridgetower/MPP-00-017Ustick Road/Ten Mile Road 106 buildable lots MAZ-00-017/MCUP-00-043 A preliminary plat has been submitted to the City of Meridian for approval of a 127-lot residential subdivision. The applicant is also requesting a rezone from RT to R-4, and conditional use approval ~. for a planned unit development. The application has been referred to ACRD by the City of Meridian for review and comment. The 46.2-acre site is located on the north side of Ustick Road, approximately 1/3-mile east of Ten Mile Road. This development is estimated to generate 1,060 additional (10 existing) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation f manual. Roads impacted by this development: Ustick Road ACHD Commission Date -August 9, 2000 - 7:00 p.m. Bridgetower.cmm Page 1 RT ~,~"` 1000 N 0 RT Rr ~J RT 1000 ~~ 2000 Feet MERIDIAN CITY LIMITS BOIINDARY RT R1 IJ ~ I~ I I I I I ®~~ ~ ~ o _ o-a, ®® ~ ~ RT R RT BRIGGS ENGINEERING, INC. 1/2 MILE VICINITY REVISION ~'" "° BRIDGETOWER SUBDIVISION BRIGGS pORT10N OF THE SOUTH 1/2 OF SECTION 35, T.4N., R.1W., B.M., "` ADA COUNTY, IDAHO SHEET 1 OF 1 (208) 3448700 1800 W. OVERLAND ROAD DESIGN DRAFT SCALE DATE DWG. NO. BOISE, IDAHO 83705 BKB 1"= 1000' 0628/00 0801 ~p601.APR ~~~-• 31 10 Feet F ti BLO K 7 \ 21 20 20 21 22 23 24 25 26 27 28 29 B O D 3 37 30 14 15 16 19 31 17 18 12 13 14 15 16 17 18 19 32 13 17 10 20 33 12 9 8 BLOC < 4 7 4 21 34 5 11 16 6 3 22 ~ 15 v 13 35 10 12 11 2 23 K 5 10 $ ~~~~ . 8 7 i 6 ~ 2 ,7 C v 5 3 4 LOCK ,~ 1 2 ~ 1 ZONE AREA BOIINDARY BLOCK2 3 3 R 1 BLOCK 1 2 BLOCK 1 R-4 s 7 L `_""'~ -'----1--1 W. USTICK ROAD I -----~ 110 R! 19 ~ 18 17 16 15 9 I 14 10 13 11 12 11 i 12 O 5 13 9 i 14 ~~ 4 6 15 8 ~~~ 3 2 % ~~ 7 1 6 5 4 5 3 2 4 RT \ 3 2 Tlul gT N L S E T MBA C7 w PARK STONE ~ a m ~ z ~ Q ° R- ~- _ TUMBLE CREEK d BRIGGS ENGINEERING, INC. VICINITY MAP REVISION ~'"~'"° BRIGGS BRIDGETOWER SUBDIVISION I PORTION OF THE SOUTH 1/2 OF SECTION 35, T.4 N., R.1 W., B.M., NC Cie) 3aa-e7oo ADA COUNTY, IDAHO SHEET t OF ~ 1800 W. OVERLAND ROAD DESIGN DRAFT SCALE DATE DWG. NO. BOISE, IDAHO 83705 BKB 1" = 300' 06/29/00 0601 \p601.APR ~...~ Facts and Findings: A. General Information Owner - Ed Bews Applicant -Becky Bowcutt RT -Existing zoning R-4 -Requested zoning 46.20 -Acres 106 -Proposed building lots 21 -Proposed common lots 6,500 -Total lineal feet of proposed public streets (approximately) 256 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Service Area Meridian -Impact Fee Assessment District Ustick Road Minor arterial with bike lane designation ~~ Traffic count of 5,351 on 5-2-00 Better than C-Existing Level of Service .~$~ Better than C-Existing plus project build-out Level of Service 670-feet of frontage 70-feet existing right-of--way (25-feet north from centerline) `'~ 96-feet required right-of--way (48-feet from centerline) Ustick Road is improved with 25-feet of pavement with no curb, gutter or sidewalk abutting the site. There is sidewalk on the south side of Ustick Road across from the site. B. On July 24, 2000, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On July 28, 2000, the staff met as the District's Technical Review Committee and reviewed the impacts of this proposed development on the District's transportation system. The results of that analysis constitute the following Facts and Findings and recommended Site Specific Requirements. C. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. D. The applicant is proposing to construct the main entrance, Towerbridge Way, with a 29-foot street section and a 36-foot street section, with a 30-foot wide center median and located approximately 400-feet east of Quarrystone Way on the south side of Ustick Road. The applicant will be required to dedicate sufficient right-of--way for the entire width of the entrance. E. The applicant should be required to construct a center turn lane on Ustick Road for the Ustick Road/Towerbridge Way intersection. The turn lane should be constructed to provide a minimum Bridgetower.cmm Page 2 ~'1 _r r~ .~.•. Facts and Findings: °~"~ A. General Information ;,.,.,. Owner - Ed Bews Applicant -Becky Bowcutt RT -Existing zoning R-4 -Requested zoning 46.20 -Acres ~"'~ 106 -Proposed building lots ;~xu ,. 21 -Proposed common lots ~'"~~ 6,500 -Total lineal feet of proposed public streets (approximately) 256 -Traffic Analysis Zone (TAZ) ~~~t,. ~. West Ada -Impact Fee Service Area Meridian -Impact Fee Assessment District Ustick Road Minor arterial with bike lane designation Traffic count of 5,351 on 5-2-00 Better than C-Existing Level of Service Better than C-Existing plus project build-out Level of Service ;~,,;~ 670-feet of frontage M' 70-feet existing right-of--way (25-feet north from centerline) `~ 96-feet required right-of--way (48-feet from centerline) Ustick Road is improved with 25-feet of pavement with no curb, gutter or sidewalk abutting the site. There is sidewalk on the south side of Ustick Road across from the site. B. On July 24, 2000, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On July 28, 2000, the staff met as the District's `~ Technical Review Committee and reviewed the impacts of this proposed development on the District's transportation system. The results of that analysis constitute the following Facts and ~- . ~- Findings and recommended Site Specific Requirements. ,~~` C. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. D. The applicant is proposing to construct the main entrance, Towerbridge Way, with a 29-foot street section and a 36-foot street section, with a 30-foot wide center median and located _, approximately 400-feet east of Quarrystone Way on the south side of Ustick Road. The r applicant will be required to dedicate sufficient right-of--way for the entire width of the entrance. E. The applicant should be required to constrict a center turn lane on Ustick Road for the Ustick ~' Road/Towerbridge Way intersection. The turn lane should be constructed to provide a minimum Bridgetower.cmm Page 2 ~~ -._ of 100-feet of storage with shadow tapers for both the approach and departure directions. ,~,~ .~ Coordinate the design of the turn lane with District staff. `~ ~~ F. The applicant is proposing to construct the main entrances to Pride Crossing Drive with 29-foot ~.~~ street sections and a 20-foot wide center median. The applicant will be required to dedicate sufficient right-of--way for the entire width of the entrances. G. The applicant will be required to construct a bridge on N. Towerbridge Way where the roadway crosses Fivemile Creek. The bridge should be constructed as a 29-foot street section with curb, gutter and 5-foot wide concrete sidewalks. H. Towerbridge Way and Pride Crossing Drive should be designated as residential collector streets with no front-on housing, because the anticipated traffic volumes exceed 1,000 vehicle trips per day. The access restrictions for these streets should be stated on the final plat. District policy requires that these street segments be constructed as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks. Unless otherwise noted, parking should be prohibited on these street segments. Coordinate the signage plan with District staff. I. The applicant should be required to construct a 5-foot wide concrete sidewalk on Ustick Road abutting the parcel. The sidewalk should be located 2-feet within the new right-of--way. Coordinate the location and elevation with District staff. Utility poles should be relocated out of the new right-of--way on Ustick Road, and are the responsibility of the developer. K. Unless otherwise approved, the applicant should be required to construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet ofright-of--way. L. The applicant is proposing to construct the main entrance to Trestle Drive with 29-foot street sections and a 10-foot wide center median. The applicant will be required to dedicate sufficient right-of--way for the entire width of the entrance. M. The applicant is proposing to stub Pride Crossing Drive, a residential collector, to the east property line between Lot 3, Block 2 and Lot 2, Block 7. District staff supports the location of the stub street. The applicant is not required to provide a paved temporary turnaround at the end of the stub street because the stub is one-lot in depth. The applicant should be required to install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. N. The applicant is proposing to stub Towerbridge Way, a residential collector, to the north property line between Lot 14, Block 5 and Lot 30, Block 3, and constricted over the Creason Lateral. District staff supports the location of the stub street. The applicant is not required to provide a paved temporary turnaround at the end of the stub street because there is a public street intersection. The applicant should be required to install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. Bridgetower.cmm Page 3 ~~ ~~ O. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. P. The turnarounds should be constructed to provide a minimum turning radius of 45-feet, as proposed. Q. The applicant is proposing to construct a recreation center on Lot 2, Block 2, and is proposing to construct a 40-foot wide driveway to access that lot. The driveway should be located as proposed at the east property line of Lot 2, Block 2, and should be constructed 24 to 30-feet `'""~' wide. '~ ~' '~ R. Lots 2, 3 and 6 of Block 1, are being rezoned to R-4 to follow Meridian's comprehensive plan. ~` '' The applicant intends to rezone these lots to light office or commercial in the future (conceptual). fem. #'° The applicant is proposing to locate driveways approximately 140-feet north of Ustick Road. The driveways should be located as proposed, and constructed 24 to 30-feet wide. S. Unpaved driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with past action by the District the applicant should be required to pave the driveways their full width and at least 30-feet into the site beyond the edge of pavement of any public street. T. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will be adequate to accommodate additional traffic generated by this proposed development with the requirements outlined within this report. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: Dedicate 48-feet ofright-of--way from the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be compensated for all right-of--way dedicated as an addition to existing right- of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. Bridgetower.cmm Page 4 .-~'~ r~~ 3. Constrict the main entrance, Towerbridge Way, with a 29-foot street section and a 36-foot street section, with a 30-foot wide center median and located approximately 400-feet east of Quan-ystone Way on the south side of Ustick Road, as proposed. Dedicate sufficient right-of- way for the entire width of the entrance. 4. Construct a center turn lane on Ustick Road for the Ustick Road/Towerbridge Way intersection. The turn lane should be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 5. Construct the main entrances to Pride Crossing Drive with 29-foot street sections and a 20-foot wide center median. Dedicate sufficient right-of--way for the entire width of the entrances. Towerbridge Way and Pride Crossing Drive shall be designated as residential collector streets with no front-on housing, because the anticipated traffic volumes exceed 1,000 vehicle trips per day. The access restrictions for these streets shall be stated on the final plat. Construct these streets segments as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks. Unless otherwise noted, parking should be prohibited on these street segments. Coordinate the signage plan with District staff. 7. Construct a bridge on N. Towerbridge Way where the roadway crosses Fivemile Creek. The bridge shall be constructed as a 29-foot street section with curb, gutter and 5-foot wide concrete sidewalks. Construct a 29-foot wide bridge where N. Towerbridge Way crosses Fivemile Creek with sidewalk on both sides of the bridge. Coordinate the design of the bridge with District staff. 9. Construct a 5-foot wide concrete sidewalk on Ustick Road abutting the parcel. The sidewalk should be located 2-feet within the new right-of--way. Coordinate the location and elevation with District staff. 10. If relocation is required, utility poles shall be relocated out of the new right-of--way on Ustick Road, and are the responsibility of the developer. 11. Construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet ofright-of--way. 12. Construct the main entrance to Trestle Drive with 29-foot street sections and a 10-foot wide center median as proposed. Dedicate sufficient right-of--way for the entire width of the entrance. 13. Stub Pride Crossing Drive, a residential collector, to the east property line between Lot 3, Block 2 and Lot 2, Block 7. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. Bridgetower.cmm Page 5 I'~f~` ~'"~ r 14. Stub Towerbridge Way, a residential collector, to the north property line between Lot 14, Block 5 and Lot 30, Block 3, and construct over the Creason Lateral Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. ~,,~:: 15. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 16. Construct the turnarounds to provide a minimum turning radius of 45-feet, as proposed. -~ 4~~~: 17. Construct a 24 to 30-foot wide driveway at the east property line of Lot 2, Block 2 to access the proposed recreation center. Pave the driveway its full width and at least 30-feet into the site beyond the edge ofpavement of Pride Crossing Drive. ;.. 18. Construct a 24 to 30-foot wide driveway on Towerbridge Drive, approximately 140-feet north of Ustick Road to access Lots 2, and 3, Block 1, future office/commercial sites. Pave the driveway its full width and at least 30-feet into the site beyond the edge ofpavement of Towerbridge Drive. 19. Construct a 24 to 30-foot wide driveway on Towerbridge Drive, approximately 140-feet north of Ustick Road to access Lot 6, Block 1, a future office/commercial site. Pave the driveway its full width and at least 30-feet into the site beyond the edge ofpavement of Towerbridge Drive. 20. Direct lot or parcel access to Ustick Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each reauirement to be reconsidered and include a written explanation of why such a reauirement would result in a substantial hardship or inequity The written request shall be submitted to the District no later than 9.00 a m on the day scheduled for ACRD Commtsston action Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each reauirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its on final decision. The request Bridgetower.cmm Page 6 ,i",_~ /~ ~ ~ for reconsideration will be heard by the District Commission at the next regular meeting of the v,»xn= Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. a 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACRD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Bridgetower.cmm Page 7 ,~ ~~ r '- Conclusion of Law: ry~..~. .,~:.;; 1. ACRD requirements are intended to assure that the proposed use/development will not place an °' undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. 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Meridian, ID 83642 884-8045 (Home) 373-0425 (Work) June 3, 2001 RECEIVED Meridian City Council .1UN - 5 2001 33 East Idaho Street Meridian, ID 83642 CITY OF MERIDIAN RE: Tra~ic Concerns related to Proposed Bridgetower Crossing Subdivision Dear Councilmen: We understand that the Meridian City Council will be hearing three items related to the proposed Bridgetower Crossing Subdivision: 1) request for annexation and zoning of 371.42 acres in proposed R-4 and C-6 zones, 2) request for Preliminary Plat Approval of 336 building lots and 58 other lots on 175.91 acres in proposed r-4 and C-6 zones north of Ustick Rd. and East of Ten Mile Rd., and 3) Request for Conditional Use Permit of 692 single-family lots, 59 town homes, 17 office lots, and 10 commercial lots on 370.55 acres in proposed R-4 and C-G zones. We also understand that the item 1 will be heard during the June 2001 City Council meeting. We are worried about the effects that the proposed subdivision will have on the existing road network, on which traffic is akeady heavy at times. We obtained copies of the Bridgetower Crossing Traffic Study as well as the draft overall traffic study of the six square miles in which major development is occurring in Meridian. On the basis of these public records, we prepared a letter to the Meridian Planning and Zoning Commission documenting our concerns. Below is an excerpt from that letter regarding our traffic-related concerns. It is our hope that the Meridian City Council will consider these concerns as you hear and contemplate the three requests related to the Bridgetower Subdivision. TRAFFIC CONCERNS 1. The Bridgetower Traffic Study assumes area traffic growth not associated with the Bridgetower Crossing Subdivision to be 3-4 percent per year. This is inconsistent with other written records from Meridian City and the Ada County Highway District (ACRD), that indicate this area is a high growth area. Therefore, we request that the Bridgetower traffic study be revised to ,^ _ _ ~.,;,~r s __ , .. /'~ r^. include growth rates consistent with those used by Meridian City and the ACRD in their planning documents. 2. The Bridgetower Traffic Study includes traffic surveys that were conducted December 21, 22, and 2b, 2000. We question whether traffic surveys conducted so near the Christmas holidays are representative of standard traffic volumes. In particular, we are concerned that the Eagle High School may not have been in session when the surveys were conducted. We believe that high school traffic constitutes a significant percentage of daily traffic using the existing road network, particularly during the morning rush period. While the study's conclusion about the current Level of Service (LOS) for the studied intersections may not change, a revised traffic study representative of traffic volumes during normal use may indicate mitigative measures are required earlier in the life of this project. Accordingly, we request new traffic surveys be conducted during periods of normal use and the traffic plans revised as necessary. 3. Based on the Bridgetower and ACRD Studies, the intersections at the corners of the square are operating at LOS "C" or better during the peak evening rush. ACHD has indicated that, barring unique circumstances as found with a shopping center, the evening rush hour is the benchmark used to establish intersection LOS. We suggest that Eagle High School traffic constitute a special circumstance. On March 21 and 22, we observed as many as 22 southbound vehicles lined up at the Linder Road/McMillan Road intersection shortly after Eagle HS let out. The intersection had not cleared before the next group of southbound cars (controlled by the light at Linder Road/Chinden Boulevard) arrived, suggesting the LOS at this time was less than "C." Therefore, we request that the Bridgetower traffic study be required to predict the morning peak LOS for those intersections impacted by both commuter and high school traffic before the conditional use permit is granted. 4. The Bridgetower Traffic Study does not mention the impact the subdivision will have on surrounding intersections. For example, the Linder Road/Chinden Boulevard intersection currently operates at less than LOS C during the morning peak when Eagle High School is in session. The traffic study indicates that up to 200 extra vehicles per hour will use this intersection. The Bridgetower Subdivision Traffic Study should discuss the impacts of the proposed subdivision on the Linder/Chinden intersection and other nearby intersections. 5. We request the Zoning Commission require access to the elementary school be, at least in part, from McMillan Road. As mentioned above, we believe the impact of the subdivision and school on the morning rush period has not been fully evaluated. We are concerned that the Linder Road/Subdivision intersection will not provide an adequate level of service, especially since current plans call for the Linder Road speed limit to remain at 50 miles per hour. The City of Meridian and residents currently living adjacent to the proposed subdivisions (Note the March 14, 2001 ACHD comments did not address the "future plan" associated with the conditional use permit), have expressed a desire for an access road to the subdivision/elementary school be provided from McMillan Road to facilitate traffic flow. 6. The Draft ACRD study anticipates mid-mile or third mile intersections to help carry the traffic loads. The reasons provided by the developer for not constructing access to McMillan Road from the subdivision are inconsistent with the ACHD study and are without merit. Cut through traffic results from overloaded arterials and an easy to use alternate route. Anorth-south connection through the subdivision could be designed to discourage cut through traffic. The Northview example would not be applicable if the roads through the subdivision were not laid in a straight line. If there were an offset in the roads (and associated intersection controls), cut through traffic would be slowed and therefore discouraged. The current subdivision traffic design places a hardship on the existing residents of Lander, Ustick and Ten-Mile Roads. An additional subdivision access point on McMillan Road is needed. 7. We request that the Bridgetower Subdivision Traffic Study be revised, finalized and certified by a traffic engineer as required by Idaho Code 54- 1215.3. If you have any questions regarding these comments, please contact us at 884- 8045 (H) or 373-0425 (Brian's work #). We thank the City Council for their time. Sincerely, -~}~-- ~~~ ~ ~~ ~ ~ ~ ~ Brian L. Eng ish Margaretha M. English .~~ ~ . ... ~ :. f Primeland Development Company 1111 S Orchard, Suite 155 Boise, ID 83705 385-7310 Fax: 385-7373 RECEIVED May 31, 2001 JUN ' 5 2001 CITY OF MERIDIAN City of Meridian Attn: City Council Members 33 East Idaho Meridian, ID 83642 RE: White Drain Sewer Trunk Line- Bridgetower Crossing Dear Council Members, This letter is regarding the White Drain Sewer Trunk Easement proposed within the Bridgetower Crossing project. Comments have been made by members of your staff that Mr. Bews and I have been delaying the design and construction of the White Drain Sewer Trunk. We would like to set the record straight by expressing our desire to grant the easement through our property upon its satisfactory presentation to us. We would like to emphasize our past and current cooperation with your Public Works Department. Mr. Bews initiated and completed the design and construction of the first section of the trunk line through the Ten Mile Mini Storage parcel and north for an additional quarter mile on Ten Mile Road. This was completed by February 2001. We believe we have made effort to facilitate the easement process by providing an electronic copy of the roadway network and lot configuration of our project to your Public Works Department in January. We also provided a legal description of the sewer main location to Mr. Smith on March 3 to facilitate the drafting of the easement document. We again requested verbally on May 15 that the City draft the easement that traverses the Bridgetower Crossing project. On May 31, 2001, approximately 3 weeks after our verbal request of May 15, a written request was sent to your staff. Please see the copy enclosed. To this date we have not received atty easement documentation or written correspondence on this easement. We have no desire to delay the design and construction of the White Drain Trunk. If the Public Works Department will provide the easement document, we will sign it in an expeditious manner. We are also willing to work with Public Works in performing the actual construction of the first half mile of the sewer trunk line, if the City sees this as expeditious to the process. We appreciate your time and attention in this matter and look forward to working with the City of Meridian in providing the White Drain Sewer Trunk easements. Sincerely, .. ~ • , Frank S. Varriale Managing Partner cc. Gary Smith, Public Works Director NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at the hour of 6:30 p.m. on June 19, 2001, for the purpose of reviewing and considering the application of Primeland Development Co., LLP, for preliminary plat approval of 336 building lots and 58 other lots on 175.91 acres in proposed R-4 and C-G zones for Bridgetower Crossing Subdivision; Furthermore, the applicant also requests a Conditional Use Permit for 692 single- family lots, 59 townhomes, 17 office lots and 10 commercial lots on 370.55 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision generally located north of West Ustick Road and east of North Ten Mile Road. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Avenue, and is available for inspection during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials may be submitted seven (7) days prior to the above hearing date so that all interested parties may examine them prior to the hearing. All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 72 hours prior to the public meetin~q. t1jk~~i`St~. t{~ DATED this 22"d day of May, 2001 PUBLISH 1St and 15th of June, 2001 ILLIAM G. BERG, JR., i~ "'~'~ "5'~ ~ ;~~' asrt ~j~ ~," NOTICE OF HEARING ,"~, NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at the hour of 6:30 p.m. on June 19, 2001, for the purpose of reviewing and considering the application of Primeland Development Co., LLP, for preliminary plat approval of 336 building lots and 58 other lots on 175.91 acres in proposed R-4 and C-G zones for Bridgetower Crossing Subdivision; Furthermore, the applicant also requests a Conditional Use Permit for 692 single- family lots, 59 townhomes, 17 office lots and 10 commercial lots on 370.55 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision generally located north of West Ustick Road and east of North Ten Mile Road. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hafl, 33 East Idaho Avenue, and is available for inspection during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials may be submitted seven (7) days prior to the above hearing date so that all interested parties may examine them prior to the hearing. All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related tv documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 72 hours prior to the public meeting S}ji~//j^^~~ti f1:17,,t4tt1 it f~~~ DATED this 22"d day of May, 2001 ; ~` C; ~~T ~~~ ILLIAM G. BERG, JR., I GCE ,,-yam q ~~. ~~ ,'~ ~,~~ PUBLISH 1St and 15th of June, 2001 4~ ~, •,,`,~,Cf~ ~~~Ly~~~~~4~~ NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on July 5, 2000, for the purpose of reviewing and considering the application of Primeland Development Company, LLP, for annexation and zoning of 52.90 acres from RT to R-4 for proposed Bridgetower Subdivision; Furthermore, the applicant requests a Conditional Use Permit to construct a planned-unit development consisting of 106 buildable lots; preliminary plat approval for 106 building lots, 1 HOA recreation center, 1 park lot and 19 common lots on 46.2 acres in a proposed R-4 zone; and a variance of the maximum 1,000-foot block length also for proposed Bridgetower Subdivision and all generally located north of Ustick Road and east of Ten Mile Road. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 15th day of Aug~(st j ~ l ~~ UO PUBLISH August 18 and September 1, 2000. ~ur~ ~~1L ~, 9 ~y °~ `AST i"3'~ ,~ ~.~ Q ,~~ ~. 08/10/2000 08:52 2088885052 SANITARY SERVICE PAGE 02 .-. MAYOR RoDea D. Currie CITY COUNCIL MEMBERS Ron Anderson Keith Bird KUB OF TREASURE VALLEY A Good Place to Livc CI'T'Y OF MER.IDI.AN 33 BAST IDAHO MERIDIAN, IDAHO 83642 LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORK$ BUILDING DEPARTMENT {208) 387-221 [ • Paz 887.1297 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 r'LANIVWG AND ZONINO Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Pax 888.6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVEL ys~ g OPMENT PROJECTS ; ~~ WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Merldtan Ptanning and Zoning Commtsslon, please submit your comments and recommendations to Meridian Ciry Hall Attn; Will Berg, City Clerk, by: August 1, 2000 Transmittal Date: July 18, 2000 Heanng Date: August 8, 2000 File No.: ~-~ -00-017 Request: Prel other lots on nary riat ror In a .20 acres for pre By: Primeland Develo Location of Property or Project; Sally Norton, P2 Bill Nary, P/Z Thomas Barbeiro, P2 Richard Hatcher, P/Z __ Keith t3orup, P/Z Robert Come, Mayor _w Ron AnrJerson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department T Sanitary Service Building Department Fire Department Police Department City Attorney C1ty Engineer City Planner Gen - 26 PPfFPlPFP - ~1 AZ . 21 R-4 zone with 106 buidable Ivts and 21 rent Co., LLP East of Ten Mile, North of Ustick Meridian School District Meridian Post Offlce (FP/PP) Ada County Highway Distrlct Community Planning Assoc. Central District Health --Nampa Meridian brig. District Settlers InigaUon District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) -,Ada County (Annexation) Idaho Transportation Department Your Concise Remarks: ~ ~ , S'•\ r ~~ AUG 10 '00 08=59 ,~ 2088885052 PAGE. 02 ~~ r^ CITY CLERK FILE CHECKLIST Project Name: Bridgetower Subdivision File No. VAR 00-013 Contact Name: Becky Bowcutt Phone: 484-3904 Date Received from Planning and Zoning Department: _ AUgUSt 1 1, 2000 Planning and Zoning Level: ^ T i Hearing Date: ransm ttals to agencies and others: ^ Notice to newspaper with publish dates: and ^ Certifieds to property owners: ^ Planning and Zoning Commission Recommendation: ^ Approve ^ Deny Notes: No PH at P&Z Level for Final Plats City Council Level: T i Hearing Date:_ September 5, 2000 ransm ttals to agencies and others: August 15 2000 Notice to newspaper with publish dates: , _ 08/18/00 and 09/01 /00 ^ Certifieds to property owners: ^ City Council Action: ^ Approve ^ Deny ^ Findings /Conclusions /Order received from attorne y on: Findings /Conclusions /Order: Approved by Council: ResoWtions: Original Res /Copy Cert: Minutelaok t:epy Reg, ~epy yen: cay Clerk Copies Disbursed: City Engineer yin Planner Findings Recorded City Atorney Sterkrq Codifiers P Development Agreement: roject File Copy Res /Original Ced: Pda COUmy (CPAs) ^ Sent for signatures: Applicam (non-CPAs) R°`°'ded °`d°a"Ge5 Signed by all parties: Original: Minutelgok Copies to: Ciry Clerk state TaxC°,~,. ^ Approved by Council: State Treasurer, Auditor, Assessor S=erli~°odiTiers Ci Recorded: ^ ty Attorney Ciry Engineer ~dy Planner ^ Copies Disbursed: Project file 'scam"`apple' Ordinance No. Resolution No findings / Orders: Originak Minutebook °eltiegt°: Appfioam . Approved by Council: Project file Cgy Engineer City Planner ^ Recorded: Deadline: 10 da s Y City Attorney ~ Record Vacation Findings ^ Published in newspaper: R®corded tkvebpment Agreements: OriginatFlreproof File cnl„ea =n:A{~r6eam t~ Copies Disbursed: Project file Ciry Engineer Notes: City Planner City Attorney ,--~ ,~'~ MAYOR HUB OF TREASURE VALLEY Robert D. Corrie A Good Place to Live LEGAL DEPARTMENT CITY OF MERIDIA (208) 288-2499 • Fax 288-2501 CITY COUNCIL MEMBERS N PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (20S> 887-2211 • Fax 887-1297 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: August 31, 2000 Transmittal Date: August 15, 2000 Hearing Date: September 5, 2000 File No.: VAR 00-013 Request: Variance of the maximum block length of 1,000 feet for proposed Bridgetower Subdivision By: Primeland Development Company, LLP Location of Property or Project: north of Ustick Road and east of Ten Mile Road Sally Norton, P/Z ** Kent Brown, P/Z ** Thomas Barbeiro, P/Z ** Richard Hatcher, P/Z ** Keith Borup, P/Z ** Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (no C/C only) Building Department Fire Department Police Department City Attorney City Engineer City Planner Gen - 26 PP/FP/PFP - 24 AZ - 27 •• no FP Meridian School District ** Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Bureau of Reclamation (FP/PP) Idaho Transportation Department ** Ada County (Annexation) Your Concise Remarks: /'k. MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless August 21, 2000 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 Re: Notice of Public Hearing Dear Property Owner: LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211• Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 This is to inform you that notices of public hearings were mailed on August 18, 2000, incorrectly noting the date of the public hearing as July 5, 2000. The actual date of the public hearing is September 5, 2000, at 7:30 p.m. I apologize for any inconvenience this may have caused. Please find enclosed a corrected copy of the notice for such public hearing. If you have any questions, please feel free to call me at 208-888-4433 ext. 210. Sincerely, ~_~~~ L~C(~ ~r '~ Shelby E. UgarFiz Deputy City Clerk enc. r'~` ,.-. NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on September 5, 2000, for the purpose of reviewing and considering the application of Primeland Development Company, LLP, for annexation and zoning of 52.90 acres from RT to R-4 for proposed Bridgetower Subdivision; Furthermore, the applicant requests a Conditional Use Permit to construct a planned-unit development consisting of 106 buildable lots; preliminary plat approval for 106 building lots, 1 HOA recreation center, 1 park lot and 19 common lots on 46.2 acres in a proposed R-4 zone; and a variance of the maximum 1,000-foot block length also for proposed Bridgetower Subdivision and all generally located north of Ustick Road and east of Ten Mile Road. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 15th day of August SHELBY E. U DEPt~TY CITY CLERK PUBLISH August 18 and September 1, 2000. %-''` r