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Bridgetower Subdivision CUP-00-043/. -~- - _ tslTY CLERK FILE CHECKLIST Project Name: Bridgetower Subdivision File No. CUP-00-043 Contact Name: Primeland Development Phone: 385-7310 Date Received from Planning and Zoning Department: JUIy 13, 2000 Planning and Zoning Level: Hearing Date: August 8, 2000 0 Transmittals to agencies and others: July 13, 2000 Q Notice to newspaper with publish dates: 21-Jul-00 and 4-Aug-00 Certifieds to property owners: ,,~v ;_ ~ ' :` ~ ~; ~ ~ ^ 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: Copies Disbursed: Findings Recorded Development Agreement: ^ Sent for signatures: ^ Signed by all parties: ^ Approved by Council: ^ Recorded: ^ Copies Disbursed: Hearing Date: and ^ Copies Disbursed: ^ Approved by Council: _ ^ Recorded: Deadline: 10 days ^ Published in newspaper: Ordinance No. Resolution No. Notes: ResoluGOns: Original Res !Copy Cert: Mlnuteeook Copy Rea /Copy Cert: City Clerk City Engineer City Planner City Attorney Sterkng Codifiers Project File Copy Res /Original Cert: Ada Coumy (CPAs) Applicant (non-CPAs) Recorded Ordinances: Original: Minmebook Copies to: Cgy Clerk State Tax Comm. State Treasurer, Auditor, Assessor Sterkng Codigers City Attorney City Engineer City Planner Project file AppNcam (if appL) Findings / Orden: Original Minmebook Copies to: Appkcam Project file City Engineer City Planner city Attorney "Record Vacation Findings " Recorded Devebpment Agnamenis: OriginaCFireproaf File Copies to:Applicam Project file City Engineer City Planner City Attorney r-~ MAYOR HUB OF TREASURE VALLEY Robert D. Come A Good Place to Live LEGAL DEPARTMENT CITY OF ME (208) 288 2499 • Fax 288-2501 CITY COUNCIL MEMBERS RIDIAN Ron Anderson 33 EAST IDAHO PUBLIC WORKS 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) 888-421 S 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 13, 2000 Hearing Date: August 8, 2000 File No.: CUP-00-043 Request: Conditional Use Permit fora 106 lot Planned Unit Development including 103 residential lots, 3 future office lots, 1 H.O.A center, 1 park lot and 19 common lots By: Primeland Development Location of Property or Project: East of Ten Mile, North of Ustick 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 Building Department Fire Department Police Department City Attorney City Engineer City Planner Gen - 26 PP/FP/PFP - 31 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 Your Concise Remarks: ~. CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT ~ e .~ ~,~.Fx~ ~~,~v~k ~~€~„~ NAME: Primeland Develo ment Co. LLP PHONE 385-7310 ADDRESS: 1111 ~ (lrr+h~rr! C...+.. gee r,_e_ _ , . ____ _ GENERAL LOCATION: S % Section 35 T.4N. R1 W. DESCRIPTION OF PROPOSED CONDITIONAL USE: Planned Unit Development consistina _r w nn ~_ 'a' ial r ZONING CLASSIFICATION: R-4 Proposed PLAN: A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yards (submit 35 copies). I certify that the information contained herein is true and correct. Signature of Applicant Social Security Number 566-60-6652 LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on _ at _.m.. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by located at TO for the property generally described as SUBDIVISION, BLOCK LOT NUMBER 0601\CONDUSE.MER (~ ~ rte, CONDITIONAL USE APPLICATION BRIDGETOWER SUBDIVISION 1. Primeland Development Co., LLP (1111 S. Orchard, Suite 155, Boise, Idaho 83705) Phone: 385-7310. 2. E. L. Bews (5204 Sorrento Circle, Boise, Idaho 83704; Phone: 867-1200) Chandos Hoaglun (2430 Ustick Road, Meridian, Idaho 83642; Phone: 884-5208) Young Lands Ltd. (Harry young) , (2420 Ustick Road, Meridian, Idaho 83642; Phone: 888-5559). 3. Legal description attached. 4. Warranty deed attached. 5. The property is currently used for agricultural and residential purposes. Two existing single family dwellings and an accessory building reside on the property. 6. Agricultural and residential use. 7. The applicant is requesting approval ofa (127) lot development consisting of (101) single family residential lots, (2) residential lots to accommodate the existing homes, (19) landscape, pedestrian path and drainage lots, (1) homeowner's recreation center lot, (1) park lot and (3) future office lots which require a LO rezone. The subject property consists of 46.20 acres and the proposed density is 2.3 dwellings per acre. The applicant is creating loop streets which provide smaller neighborhoods within a neighborhood. Two collector roadways are provided to accommodate the traffic generated by this development and by the future development north. The applicant has provided the 10% open space with lots 2 &3 block 2. This area is approximately (5) acres in size. This area will be landscaped and a Homeowner's recreation center will be constructed. The applicant will consider a dedication of the park area to the City Parks Department in exchange for Park Impact Fee Credits. The applicant intends to improve the park area with sprinklers, grass and trees. Existing trees will try to be retained if their condition is acceptable. '-. %~ CONDITIONAL USE APPLICATION BRIDGETOWER SUBDIVISION The development meets all the standards of the R-4 zone with the exception of the (80) foot frontage requirement. The applicant is trying to provide lots with larger depths. These depths range from 114 feet to 148 feet. We believe the amenities provided (clubhouse and open space) offset the frontage reduction. The present zoning designation is RT (Rural Transition). The proposed zoning request is R-4 (Low Density Residential). 9. (30) copies of 300 scale vicinity map is attached. 10. The preliminary plat submitted is the site plan. Since the application involves a single family development, the requirements of delineating buildings, parking, loading areas, refuse, and service areas does not apply. The preliminary plat reflects traffic access and circulation, open space and utilities. A conceptual landscape plan is attached for your review. 11. A property owner list is attached. 12. This conditional use is the first step in a large mixed use project. Our intent is to provide multiple lot sizes in the overall development. We believe character and style created by this project will establish a high standard for the remaining development. The applicant is providing extensive landscaping within the project and creating a unique neighborhood. 13. Fee is attached: $ 1,219.86 14. The applicant understands and agrees to pay any sewer, water, or trash fees, if any, associated with this project. 15. I, Becky Bowcutt, have prepared this application and hereby verify that all the information contained here is true and correct. The applicant has reviewed this application and confums that the information is correct. 16. I, Becky Bowcutt, will post the subject property (1) week prior to the public hearings. •-~ ,~ .~FIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss COUNTY OF ADA ) Name ~ F Address L~ ~ ~ ~3?07', 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 name ) ~Lt ! ?T !5 5 ~ ~ ~ C-~ ~ ~~p ~--~{~j (a dress 8'3705 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. et@meass~ ~/ ' . r0*be s~~®~ ~~~,• ;, ~o. ~ ~ ~~ •~~ tary Public for Idaho dam` ~~;,. '°`~`"` ~ `'y °•• Residin at ~1~' of F~E L~ 3,o._gf • 9 ~ . ~,~ ,,.~ ~ ~:r ~ My Commission Expires: •• l..R Y=.) fin" ,4..~ y" •• ~~ .~,,?•, ,;,-}~A ~p Tom. ~.~ i~ ~~~ ~ _ o FIDAVIT OF LEGAL INTEREST ~ STATE OF IDAHO ) ss COUNTY OF ADA ) I, ~~2 Y . D . Yacc Name Mkt o ~~- nl (city) (state) Gt~GTrulc.. Address being first duly sworn upon oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to ~i!'.I ILr,E ~~-~/A ~~ /~ c v Pf-rE~l T ~o. !~P ~/ ~/ ~: D (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 ~_ day of , ~y d (S' ature) SUBSCRIBED AND SWORN to bef,~e me the day and year first above written. s~`, PA/1~61IP/-/P 0 m w ~~® lo~~e ~~ m®r~l wa .'~. l ., O i rt ~ G ~~ ~ ® ~ C.~ t~ i. t ~ m ads: ~ t ~~',.~~'~~ Y.; , ~. ~ ~/ w Not Public f Idaho Residing at My Commission Expires: Z~ ~ ~FIDAVIT OF LEGAL INTEREST .-~ STATE OF IDAHO ) ss COUNTY OF ADA ~ I, Jet X21 b tk>~I (city) OQ (state) u~ o~ ~Tl C.~G ~d-D, Address Z ,being first duly sworn upon 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 DF/Ec.r>PM~~T c.d., mac, p ~!~/ eJ; o~~~a~, (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 .~ . w ,, ~ R ~• ®, ,a c~ a 0 :~ S ~d v~ ~ ~ ~ ~.~`~ i ~ ,~F V x ~ `~, o° Q a ,, „a y'~, ;~ ,r1~~~~~o~a P~e~~ is ~ ~ ~ ~'~ ~~~ `~~'3d~46Ea4.~~', re me the day and year first above written. w , G?~ ~~Ta-' N tary Public r Idaho esiding at My Commission Expires: ~ ~ 5 LEGAL DESCRIPTION FOR BRIDGETOWER SUBDIVISION June 30, 2000 Parcels of land located in the South '/z 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'/< 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 curve; 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. L~,O Michael E. Marks, PLS 4998 ~~~ ,~~ 4 B•~~ 0601 /0601. subd. des. doc T ..-~ .•. N RT RT 1000 0 1000 2000 Feet R i RT R O MERIDIAN CITY LIMIT8 BOIINDARY ~' +R_r_ ~ +' ~ I,~'~ RT r ~ ZONE BOIINDARY ^ Rd ~ i _- ~j ~ -~. ~ O ~`.~ RT R1 R, Rt ~ i u o --- ; , ~ ~, o d ~ -- - ^ o o ~ o u ~ ~~ - RT ++ f Rd/ _ .~ -.. ~.~r-~~~~ ~ 1~I~1 I 1J1 R ~\ y ` R _ _ .. ~ \ i BRIGGS ENGINEERING, INC. ~"""E~"° BRIGGS "° (208) 3449700 1/2 MILE VICINITY BRIDGETOWER SUBDIVISION pORTION OF THE SOUTH 1/2 OF SECTION 35, T.4N., R.1W., B.M., ADA COUNTY, IDAHO REVISION SHEET 1 OF 1 1800 W.OVERLAND ROAD BOISE, IDAHO 83705 DESIGN DRAFT BKB SCALE DATE 1" = 1000' 06/28/00 DWG. NO. 0601 \0601.APR .,, J J J 9 - ~ n. -a v~rww~ w wk~n~ ~ ~ ~ ~~ ~ ! ~ ~~ ~ a r ~dE ~ / / % / ~ ~-tl~! ~atl~ ~~~~ NOLSIAI48fLS ffiY073`Jm2I8 5a tl ~tlia s tl ~~ ~$~$t ~ ~ ~ tl~~ ~ / / / ~ ~ % n. r.~.~. wa.. iw wwrw~rmu : n ~ y F '~ i / Y 7 t}~~ ! ° ~" ~ gg § a~ // ~ + `.~ / III III I I~ I 4e~~ ~~ ~ ~ ~ e~ ~~1 ~ / / j -~~ ty~ / II x / v "g ~ I I I 9 ~~ // /./' "¢ ~ x-00 ~ I I I I I I tik ~ p A ~ /'er/1 a• ~~~, I I III \ ft ~ / // ~ ~ \ § I I I 1 ~ /// ~ ~~ / _ ~~s - ,~ , ~t`_~ I ~I II I ~~ ~.~, N ///// ~ • ~ ~? ~` ~Xi ~ Ili \ I / / ~ ~' II \ /// _, i "i ~"'~ r IIII I I I _ `\ /i~/// ~ ~ _ ~ _\ / 1 III ~ ~ a~ "€ "! ^I I IIl1 I I ~ ` / // ~~ / ; ~ i 1 I I // i/// / _ / -i -~ ~ ~x IIII I I - - ~ ~~ // 'i ~' i ~ ~ I I7 III ~~ ~ ~ .j + ~ /~ ; /~ 111 _ ~ --- l 1111 ~// i /I / ~ } i,'8 f/ ~` "i /ice ~~j/ li~l (~/ ~/ ~} II I ~~ ~•~ •~ ~' // - =x %~xx 1 ~ it ~~ / f ~ .~I ~~ / __ - I I x -s _~ -_ ~ -_- _-_ + - - __ l_l_E I I ~ i. • ~ty_ , ~ 3 i~ ./%/~4 -~ ~ III/~ ~~e //c. \ I /_ I ~. XI~ 3~ / / 6 /~~ ,7 l I 'u / ^5 r/~ ' / - l II 1 ~a / ~ - ~ / 1 I '-'l7J /~ a 1 III Ps -E ~ '// / ~/ A ~ ;~ - i / ~ I ~ ' l 'I / // i //~ ~/ I / ^~ / ~ / _ / ^S 1 I I h ~~ ~ ~ 'S / "$ / 1 1 I it i =s /~ / / - / ~_a_ - ------ ' --_------~ wa I I ~ ~. ~I /~ -till- I ~ l I 'e -a / // I I ' ~ - ~ I ,~ 1 I ~ / _§ tl 1~ 1 I o ~~ "1 / ,3 i/ ~ xx p ~ ~ / '~ ~ g I I :! N - e / ~ ~~~ 1 I >a x ~ ^x i I ~ a; I i / ~ / l 4 ~ i II ~ _~ ' 'j /' y. II3ii ' /~/ I III "~ I ~ ~ ! /~ ~y~,~`aa~~~aa~~i~~~aaa-~iiiL aau~v~~ 1 11 ~ ---- ~ 1/ t ~l ;x 1 / 1 1 ~ E ~ -=- - ---- ----~ /1 ~ ~l _ _ __ - _ ~ /1' I - ~~c.-Recree.eeetieeet.~ec ~e~c.~eeeee~ - - .-. b d O tV O "~ a"~, i--. 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 SUCCESS IN THE TREASURE VALLEY. WE HAVE ASSEMBLED A TRAINED STAFF OF TITLE AND ESCROW OFFICERS TD 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 () 21l West State Street Boise, Idaho 83702 (208) 344-5888 MAY I.IN 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. ~ ~ M E R I .mss , ~ ~' Forth Na t3a2 (1982) ALTA Plain Language Commitment i+ ,~~. ~~ first American ?'itle Insurance Company INFORMATION The Title 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 affeC2 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. ~ .~ ~i E R f .~ C .-s Bonn Na 1343 (1982) ~L7A Plain t~nQuale Cammitment i~ COMMITMENT FOR TITLE INSURANCE ISSUED BY First American Title Insurance Co~~any AGREEMENT TO ISSUE POLICY We agree to issue a policy `.c you according to the terms of this Commitment When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Com- mitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Oate, our obligation under this Commitment will end Also, our obligation under this Commitment will end when the Policy °~ '^su?d ar.d the^ - - -',"_aticn '.c, you will be under the Polic/. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1. The Exceptions in Schedule B-2. The Conditions on the other side of this page t. This Commitment is not valid without SCNEDUL~ A and Sections 1 and 2 of SC1iEDULE B. First American Title Insurance Cor~zpany 9Y ~ ~i(, ~ P9ESIDENT AT-cST~I~/ ~ ` 5Y `LZ% SECAl= I AAY 1 C.^.UNTEASIGNED Page 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 r 410 8. ORCHARD SUITE 176 5204 SORRENTO CIRCLE BOISE, IDAHO BOISE, IDAHO ATTN: DANNY CAFFERTY CC: FIRST AMERICAN TITLE 7311 POTOMAC DRIVE BOISE, IDAHO ATTN: TINA SMITH 1. Commitment Date: DECEMBER 17, 1998 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 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/HEWS 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 FA-126914/MLC Your No. YOUNG LAND/BEWS SCHEDULE B CONTINUED 17. License Agreement upon the terms, conditions and provisions contained therein: Dated: August 21, 1992 - Parties: NAMPA & MERIDIAN IRRIGATION DISTRICT Recorded: August 21, 1992, as Instrument No. 9256125, for NINE MILE DRAIN 18. Li cense 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. License Agreement upon the terms, conditions and provisions contained therein: Dated: May 5, 1998 Parties: NAMPA & MERIDIAN IRRIGATION DISTRICT Recorded: May 8, 1998 as Instrument 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/BEWS 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 b 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 Southwest Quarter of Section 35, Townshi Boise Meridian, Ada County, Idaho, as Survey No. 3428, filed for record in the Recorder, Boise, Idaho, under Instrumen particularly described as follows: continued Northeast Quarter of the p 4 North, Range 1 West, shown on the records of office of the Ada County t No. 96005700, and more 7 FA-126914/MLC Your No. YOUNG LAND/BEWS LEGAL DESCRIPTION CONTINUED Page 2 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 b 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 FA-126914/MLC Your No. YOUNG LAND/HEWS LEGAL DESCRIPTION CONTINUED Page 3 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 Southeast quarter and quarter of Section 35, Meridian, Ada County, follows: a portion of the Southwest quarter of the the Southeast quarter of the Southeast Township 4 North, Range 1 West, Boise- Idaho and more particularly described as 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 LEGAL DESCRIPTION CONTINUED Page 4 ,''`~, FA-126914/MLC Your No. YOUNG LAND/BEWS 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 b.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 NE4SW4 SW4NE4 & NW4SE4 SEC 35 4N 1W #347800-B 04NO1W354907 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 Zoning RT RD MERIDIAN ID Roll 1 PRIMARY Occ. 0 0 Flag 83642-0000 D.D. Ac Alt-Z FOR HELPS VT100 ~~ FDX ~3 9600 N81 :3 LOG CLOSED :.~ PRINT OFF 3 ON-LINE TAX*MAIN *PUBLIC TAX COL LECTION 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 Ar ea: 242 Year BASE CHARGE Hlf NET TAX RECEIVED HALF DUE TOTAL DUE 1999 4157.28 1 2078.64 2078.64- 2 2078.64 2078.b4- 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 .000% CF02-SELECT CF03-EXIT CF05-CALL Alt-Z FOR HELP~~ VT100 3 FDX 3 9600 N81 :3 LOG CLOSED :3 PRINT OFF 3 ON-LINE 6'~cl-~,c-E ~ .~ PFMDOI 00 M A S T E R U P D A T E Parcel SO435346619 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 Desc. PAR #6619 OF SE4SW4 SEC 35 4N 1W #346618 346610-C #9150868 9031873 04NO1W356619 4N 1W 35 Total 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 Roll 1 PRIMARY Occ. 0 Action: F2=Select F3=Exit F5=Corrctd Notice F6=Letters F10=Tax Alt-Z FOR HELPS VT100 :.3 FDX 3 9600 N81 3 LOG CLOSED ~~ PRINT OFF 3 ON-LINE TAX*MAIN *PUBLIC TAX COLLECTION 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 1999 292.90 1 146.45 2 146 .45 1998 298.06 1 149.03 2 149 .03 1997 223.18 1 111.59 2 111.59 1996 208.40 1 104.20 2 104 .20 1995 184.38 1 92.19 2 92.19 *ACTION 1999 Inter est as of CF02-SELECT CF03-EXIT Alt-Z FOR HELPS VT100 HALF DUE TOTAL DUE 000% CF05-CALC ~~ FDX 3 9600 N813 LOG CLOSED ~~ PRINT OFF ~~ ON-LINE RECEIVED 146.45- 146.45- 149.03- 149.03- 111.59- 111 .59- 104.20- 104.20- 92.19- 92.19- 4/28/2000 ,-. ~~~G~~ ~ PFMD01 00 M A S T E R U P D A T E Parcel 50435438410 Code Area 242 Type oty Name YOUNG LANDS LTD 010 33.550 190 4.750 Buyer C/0 Address 2420 W USTICK RD MERIDIAN ID 83642 - 5428 Last Change : 90/04/19 By : A5R2_FAUCE Desc. PAR #8410 OF S2SE4 SEC 35 4N 1W #438450-B #9016004 04NO1W358410 4N 1W 35 Total ~, 4/28/00 08:01:53 Value ACTIVE 33488 Bank Code Prepaid L.I.D. Bankrupt Sub .Code Annexation *NO Notes 33488 Exemption 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 FS=Co rrctd Notic e F6=Letters F10=Tax Alt-Z FOR HELP; VT100 ~~ FDX ~~ 9600 N81 :.~ LOG CLOSED 3 PRINT OFF 3 ON-LINE TAX*MAIN *PUBLIC TAX COL LECTION SYSTEM (MASTER) 4/28/00 00000 50435438410 08:02:02 YOUNG LANDS LTD Bank: Tax Value: X33,488 2420 W USTICK RD Prepaid: H/0: MERIDIAN ID 83642-5428 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 Inter est as of 4/28/2000 .0000 CF02-SELECT CF03-EXIT CF05-CALC Alt-Z FOR HELP:3 VT100 3 FDX ~ 9600 N81 3 LOG CLOSED 3 PRINT OFF 3 ON-LINE 1 c_v; J ~~. a ,~ t ti N 3.3 J I •.Ji'N .171 ... .. - t i~ _ . - __ 140 - "~~- ~_ - - _~ _ _ _.N - ~ -- --. . O - J,~ -~'P2.16' o' ~ ~ _ .. S~ \~ w _ ~ ~2 __ ____ °b- .~~ ~~ N 1 ~ #Y ;, ' ~': r p6 -, ~fi -~°-~-- \ +..- t --. S:9 "s:.~"`~~ ~ tee, cc',. _ w - .. ` -tea... "x` '~ ~,. S y4 `. \ , T 'xv a. ~v-r ,: ~ - ' !- -. ,. -~. ~: - ^- -- -- - . _ /-1 1 j :~ -_ r_ ~_~. SEC 35.~ ._.. .,.~.,.~._. -C,~ -~ - _-~ ~ -,----r- -~- __ -~-- ,- , __- _ - -_ = -- .~ :.~- _:._ __,_ _.; ~t ADA COUNTY ASSESSOR'S-OFFICE ~~ . __ __ - - ~" DAH BO SE, O ~ ~ RECQROI~~EQUEST F AQA COUNTY EAC4ROER ,,~~,,~~ ~- ~~ Qas~.~i~HORO Ff£~EPUTY IDAHO POWER - MCMIL~~?~~ ~~ ,)~ ~AT ROADS 9 9 0 4 16 ? 5 CROSSING AGREEMENT This Crossing License Agreement ("Agreement") is entered into and made effective this ~O~day of A'~I/~ ~ , 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 overheard 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 azeas: Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho: Section 35, NW '/, NW '/,; NE '/, NW %,; NW '/, NE '/,; NE %, NE '/,; Section 36, NW '/, NW '/,; NE %, NW %,; NW '/, NE '/,; NE %, NE '/,. Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho: Section 30, SW'/, SW'/,; SE'/, SW'/a; SW'/, SE'/,; SE'/, 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 - G i ~Thm\W PDATA V 220\SS00002-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 aclrnowledged 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 aclrnowledges 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. 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:\'I'kun\ W P DATA~3220156W 0002-ag'eomeot wpd 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~he 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 ternis 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 Powei• Line in a workmanlike manner. IDAHO POWER - MCMILLAN AND BLACK CAT ROADS CROSSING AGREEMENT - 3 G:\Thtn\ WPDATAi3220156\000p2 agrxement wpd - -. -- - - - - - _' ~ ~p,, rc e I ~~ ~ - - --- ~.-o~~ .~ -. - 0 -s . r a~ _ ~ _. - - - ~ n Q. r .. ~~ ~~' ` _ ~. - _ \__ `~ _ _ ~ .. .. .. .~ .. - .... - .~.. .. .: r,'4r ~' r~.ir.. _,.'x.~ .Y~i:1~1 +'~ r. ~`a~..~; ..~,; t:, ':t _...: ,.T.;,~.y... ...rrtr~.. -+z-' T'^' aF w+i..-Mw+hec~t.. s+ r'i+-..+ --...~-e-i..~w- sl"c_.~ a -s .. '.i~"`s~'^r.-r_; eC t "c .t c' ? - fi!' ~ .!~ T,~ {r :s~ ~-yr • ?x zrc Fes'' ._ „-' ~`-J.''-T..`R~~''__',LtN.~Tw.~ ~ !~-x~.+.'~"'1"`..:. ~~~"'~6: .~• 4 :+.+.s r'r. L t. f ~' ..~ 'y' ., ~ ~ ~! ~ -.-~f"_y~1~y„ A[' i. y3+.r "` ~.~ .'. ' ~~ . E.. .. f a Y' - => a .. us"~'„as .h.-e` SR. -~ ..~~w.~•.;, s, <tr '~ F.k ~ ~ ,;~ ~ij~~\ .._ ,. ..-.. »..s4«a..~%-...~r+w ~. .„ys; 's _ t.. : i....-~.....~-u..~.. r+.c rr+.;;.:-...M~K+µ a w~:.ti~' ...~1~-~al~i~.~.-.-. _ _ _ .. -~~_- ~ - --- - .'.F ~ " .t?';.~St.~. ~ u '..r + .,..6iG3''c 'S.' .- fi - `.'~. ~`i~. t`:vG~4. - 3f,.:_~.. ..7r~':a9.s' J.. r < _ "a ^aC ~.`Il 1 f - ~ -• s.,., ~ Y<t ./ '.rte _ .. _..._ . i - _ ~. - _.._ ..... . ~ - - -.--._.U_STI.C ! -Fi'Q--• ~~ w~ 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 Mazch 15. 5. 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.'•TtumWPDnTA 32?0~5ti`~00.12-egrcerucot wpd %~'~ 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. 8. Binding Agreement -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:~Thm\WPDATA\1220~5 610000 2-agroenxnt. wpd i"~ 12. Interpretation -The validity, meaning, and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. 13. 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 t chger, President of its Board of Directors Attest: ~~~. ~ ~ Vicki Keen, Secretary/Treasurer IDAHO POWER - MCMILLAN AND BLACK CAT ROADS CROSSING AGREEMENT - 6 G:`.Tl~m\WpDATA~l220\56\00002-ngrxment wpd STATE OF IDAHO ) ss. County of ~ ~,~ ) On this ~~ day of -~OBi L , 1999, before me, the undersigned notary public in and for said state, personally appeazed 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 yeaz in this certificate first above written. }~_ .l ^ ,.. C,, V G .~. ~r :.~~1? L~ .=~ x ~~' STATE OF IDAHO ) ss. County of Canyon ) Notary Public toads Residing at ~~ Commission expires On this ~ day of 1999, before me, the undersigned notary public in and for said state, persona ly appeared Don Smitchger, President of the Boazd of Directors of Settlers Irrigation 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 ~ ~(l~ ~ g't~ M8!'e~ Notary bli f 4~ Residing t ~.~~ AR Y ~ Commission Expires ~.~ G ~- ~ PU9~,1 ~O IDAHO POWER - MCMILLAN AND BLACK CAT ROADS CROSSING AGREEMENT - 7 G:\Thm\ WPDATA\3220\S 6\00002-agreemcnt wpd ~ ~ STATE OF IDAHO ) ss. County of Canyon ) On this ~ day of l.~_, 1999, before me, the undersigned notary public in and for said state, person ly appeazed Vicki Keen, Secretary/Treasurer ofSettlers Irrigation 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 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 ~ ~ ~~ ,~ ~.L ~ Y~ 4g Cif ~~ AR Y ~ ~ ~~~ G ~ pU91'ti ~O Notary Commission Expires IDAHO POWER - MCMILLAN AND BLACK CAT ROADS CROSSING AGREEMENT - 8 G:1T'hrn\u'PDATA\,3220\S 6\00002-agrecmcnt 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., prepared by Sharp & Smith, Inc., Engineers & Surveyors, Sheet 10; 3. Transmission System, Black Cat-Locust 138KV, Idaho Power Co., prepared by Sharp & Smith, Inc., Engineers & Surveyors, Sheet 11; 4. Transmission System, Black Cat-Locust 138KV, Idaho Power Co., prepared 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., prepared by Sharp & Smith, Inc., Engineers & Surveyors, Sheet 14. ExxrBIT A EXHIBIT B ~'1 Transmission System, Black Cat-Locust 138KV, Idaho Power Co., prepazed by Sharp & Smith, Inc., Engineers & Surveyors, Sheet 3 EXHIBIT B ~-• .. 0 70 O + n CA I ~ ~ ~ _ N ' i r r. ° o = ~ n r .., ~ v v m a m ~ ~_~~ ~ I o i A W m z ~-. A N I I n D m Z N p a~ l I I I j I ~ j ~ I~ I, ~ I~ I~ a Z r i ~ c cn O ~ I ,._, n ° a o > --~ I~ I~ I v -~ Pr'I i~ ~., ~ ~~ i~ I ; fTt n ~o I~+ l ~ I~ 1+7 (N O ~ ~' -r w I ~ ~^ ; ~ I ~~ I ~~ I ~ ~~ I" o ~, ~ ~ I~ I ~ ~~ ~ ~~ rn ~ ~ I I I ~ I I ~ I p Z ~ I~ I i~ I I I j~ I~ I c i ~ ~ I I I ~ j I j ~I- ~i ~I Qty P1 I a ~, Z i~ u V O ~u V v m o T ~~ i I pl z~! A ~ N 8 O ~ , ~~~ o A 1 v >~ z~ z~ ~~m r I . r 0 O a i~ ~4 0 ~N D Z D r .~ 0 -~~ Z ~T1 'i F-1 r m EXHIBIT C i~ y t ^ M ( q 4 ~- ~ ,f \,` ~~~~ I WARRANTY DEED For Value Received Paid by an Accommodator Pursuant to an IRC 51031 F_xchange Brian C. 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 5?A4 Sorrento Circle -Boise, ID 83704 the following described prcmises, to-wit: SEE EXHIBIT "A" ATTACHED HERETd 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 prcmises; that said prcmises 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 the premises, and that ;,ranlor will warrant and defend the same from all Maims whatsoever. Dated: December 29, 1998. AQA C4ii11~iTY R~CQRt#ER .r. QAVIQ I+AvARRO e~ Brian C. Young ~7 ~~ . ~~~~ i/~~ ri Youn RECDRflED • R~DU~ST 4F ~ ~~ FEE~DEP~T 98127Q32 F~~sr ~a~~~c~v riT~.E ca STATE OF IDAHO ) ss. COUNTY OF ADA ) On This 29th day of December, in the year 199$, before me, a Notary Public in aad far 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. ~~titi~S',i` ~~Nr/r~~~fi ary Public Of Idaho ~.~ S'~~,,a„,~a ,~A Residing at Boise, ID ~,Y~,,<'~ R ~,, '~~z'r Commission expires: 7/25/99 --r .~~ ~.., ~ ~ o n +~ O G v $~I _ P~~ ~ ~:r~ First American Title Company of Idaho N ,--~ ~'~. 300 0 300 600 Feet BLO K 7 RT 21 20 20 21 22 23 24 25 26 27 28 29 B 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 6 BLOC 44 20 12 9 14 16 7 5 21 34 11 7 10 13 15~ 13 6 3 22 35 10 11 12 11 12 -- _ 2 11 10 9 2 23 9K 5 6 5 13 14 8 -- _ --~. 8 1 ~~ ~ ~~ 1 ~g ~ ~~4 ~ 6 ~15 ,~ 3 ~~ ~ 6 2 5 4 ~ 1 6 5 LOCK 4 5 `i 1 1 2 3 4 ZONE AREA 2 BOIINDARY BLOCK2 3 3 2 R1 R-4 3 BLOCK 2 BLOCK 1 \ s 7 W. USTICK ROAD 0 ME CI Y L IT BO Y PEBBLESTONE PEBBLESTONE ST N ~ S E T NIB1- O w PARK STONE j a m ~ w ~ Q z ° R - ~ _ ~ ~ ~ I ~ - ~ - ~ ~ ~ ~ - TUMBLE CREEK `~ C~ - -~ BRIGGS ENGINEERING, INC. VICINITY MAP REVISION '~°"° BRIGGS BRIDGETOWER SUBDIVISION ~N~ PORTION OF THE SOUTH 1/2 OF SECTION 35, T.4N., R.1 W., B.M., ~206~ 3ya-s7oo ADA COUNTY, IDAHO SHEET ~ of ~ 1800 W. OVERLAND ROAD DESIGN DRAFT SCALE DATE DWG NO BOISE, IDAHO 83705 BK8 1"= 300' 06/29/00 . . 0601 \0601.APR RT PARCEL PRIMOWNER 188557150090 TUMBLE CREEK HOME OWNERS ASSOC 88557140160 TUMBLE CREEK HOMEOWNERS ASSOC ~ 82816770010 FIELDSTONE MEADOWS HOA INC 3 82816770020 BELL JOSEPH A 8 ''~ 82816770230 BONNING ROBERT W 5 82816770240 O'DELL LORI A 8 ~r 82816770250 JENSEN NANETTE C & 7 82816770260 FAUSETT CRAIG W & 8 82816770270 THIBAULT TED J & q 88557150070 DUE ROGELIO /O 88557150060 MITCHELL EILEEN M /~ 88557150050 COLLINS JENNIFER / Z 88557150040 PUGMIRE NATHAN D /3 88557150030 BARNHART RYAN J / ~ 88557150080 GRITZMACHER THOMAS J 8 /5 88557150020 MOORHOUSE AARON & /(~ 88557150010 CASH RONALD L / 7 88557140180 WALTERS J SCOTT & l~ 88557140170 CHANDLER AARON J & 88557150100 TUMBLE CREEK HOME OWNERS ASSOC 19 82816770280 KELLY TIMOTHY J & ~U 5 7 20221 241 0 ASCHENBRENNER JAMES J ~ / 82816770330 ANDERSON JAMES EDWARD ~ 2 82816770320 BARKER REESE FRANK & 88557150590 SHARP JEFFREY S & ~/ 88557150480 DENNIS KEVIN M & 1 a 88557150310 COOPER GEORGE & :s G+ 82816770310 SCHWARTZ JON F a ~ 88557150110 MCCLOY STEVEN A ~.Q 88557150300 FARNSWORTH RONALD a SR8557150290 SMITH WILLIAM R OF PLANNING io 88 5571 5028 0 BUTT JIMMY L & 3/ 88557150270 HOLTON HOMES INC 3282816770300 OLIVER ROBERT 33 82816770290 SWENSON ROYAL 3~S0435314907 YOUNG LANDS LTD 35 S0435325600 HUSKEY LEONARD RALPH 3L 50435315377 HOAGIUN BRAD & CHANDOS 37 50435346500 USA S0435346619 YOUNG LANDS LTD S0435325600 HUSKEY LEONARD RALPH S0435438410 YOUNG LANDS LTD S0435346800 USA 3 P S0435336002 GLENN JOHNSON HOMES INC 39'S0435346665 SCRAPER JOHN D & TAMARA L '/O S0435438600 BEWS E L ~// S0435346700 MARCUS CRAIG S0435346900 BEWS E L S0435438600 BEWS E L S0435438900 USA SECOWNER BELL JENNIFER J BONNING ANGELA M O'DELL RON R JENSEN THAYNE R FAUSETT SHARON C THIBAULT ALISA M BARNHART SARAH M GRITZMACHER PEGGY L 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 SEWS SHIRLEY G MARCUS BARRY BEWS SHIRLEY G BEWS SHIRLEY G ~~iC/ 11~~i aT ~5~ 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 2344 W PEBBLESTONE ST 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 1150 N CURTIS RD 2460 S MAPLE GROVE RD 2788 W USTICK RD 5204 N SORRENTO CIR 737 N 07TH ST 5204 N SORRENTO CIR 5204 N SORRENTO CIR 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 ^~ STATE OF IDAHO ) COUNTY OF ADA ) AFFIDAVIT OF ACCURACY 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 30t" day of SUBSCRIBED AND SWORN to before me the day and year first above written. tary Public for dahp Residing at My Commission Expires ~00~ swsa~oseo®ooo e®e~~y~p~~Do~®® o 4, o© ~o ° f' ~ ® ~o~ o ~- ~~a 0601 \affid-accuracy Sent By: City oI Meridian; 2088886854; Jul-14-00 12:17PM; Page 2 r., BRIDt~T01p&R 3UBDI4I3IQN - UBTICIC BROPB&TY ~&OPE,RTY oWL~R I1pDRl$88 LIST ~PITI~ZDi 300-8'lGb7' BF,.WS $ L WATSON WARREN ~ BE-~S ~HZRLEY G WATSON BEULAH F 5209 1~ SORRENTO CIR 1680 W USTICK RD BOISE~ID 83704-2347 MERIDIAN ID 83692-5481 W MCMILLAN RD YOUNGLANLlS LTD 2420 ~ USTICK RD MERIDIAN I'D 83642-5428 BRINE6AR E E & BRINEGAR VIRGINIA K 5190 ~ LOCUST GROVE RD MERIDIAN ID 83692-0000 4345 N CINDER RD HUSKEY LE©NARD RALPH 3630 ~ TEI~ MILE RD MERIDIAN ID 83642-5908 HOWELL-MURDOCH DEVELOPMENT coReo~tAT IdN 1087 ~ RIVER ST STE 250 BOISE'ID 83705-0000 N LINpER RD HOAGLpN BNAD & CHANDOS 2420 ~ USTICK RD MERIDIAN ID 63692-5428 USA ,' 1150 ~ CURTIS RD BOISE; ID 83706-1234 W UST%1CK RD GLENN; JOHNSON HOMES INC 2460 ~ MAPLE GROVE RD BOISE; ID 83709-0000 3390 tI TEN MILE RD SCHAE~ER JOHN D 6 TAMARA L 2788 W USTICK RD MERIDIAN ID 83642-5428 MARCUS CRAIG MARCUS BARRY 737 i~ 07TH ST 80ISE ID 83707-000 W USTICK RD ASCHENBRENNER JAMES J 2515 W USTICK RD MERIDIAN ID 83642-5462 WILSON MARK L 6 WILSON GLORIA J 2774 W PEBBLESTONE CT MERIDIAN ID 83692-7504 MILLER KEVAN M 6 CAROLYN 2760 OP PEBBLESTONE CT MERIDIAN ID 83692-7509 KLEM AARON A ~ KLEM LORI A 2732 W PEBBLESTONE CT MERIDIAN ID 83642-7504 BELL JOSEPH A & BELL JENNIFER J 2706 W PEBBLESTONE CRT MERIDIAN ID 83642-0000 BONNING ROBERT 9V BONNING ANGFI.A M 2650 W PEBBLESTONE CRT MERIDIAN ID 83692-0000 O'DELL LORI A & O'DELL RON R PO BOX 57 MERIDIAN ID 83680-0057 2624 W P)iBBLESTONE CRT JENSBN NANETTE C 6 JENSEN THAYNE R 2606 W FEBBLESTONE CT MERIDIAN ID 63642-7503 FAUSETT CRAIG W & FAUSETT SHARON C 2566 W PESBLESTONE GT MERIDIAN ID 83642-7502 i JUL 14 '00 12:12 2088886854 PAGE.02 Sent By: City of Meridian; THIBAG~LT TED J & THIBAt$LT ALISA M 2554 -~ PEBBLESTONE CT MERIDIAN ID 83642-7502 i~ FIELDgTONE MEADOWS HOA INC 6223 1~ DISCOVERY WAY STE 100 BOISEiID 83713-0000 N FIEIDSTONE 6~-AY TUMBLE CP,EEK HOME OWNERS ASSOC 691 W ;FRANKLIN MERIDIAN ID 83642-0000 N MARBURG AVE GRITZI}RCHnR THOMAS J ~ GRITZLtiWCHE,R PEGGY L 2394 ~ PEBBLESTONE ST MERIDIAN ID 83692-0000 DUE RQGELIO 2320 yp PEBBLESTONE ST MERID~AN ID 83642-0000 MITCHLL ~ILEEN M 2298 PEBBLESTONE ST MERIDIAN ID 63642-0000 COLLI~JS JENNIFER 2260 ~ PEBBLESTONE ST MERID~RN ZD 83642-0000 PUGMI~iE NATHAN D 2234 '~7 PEBBLESTONE ST BOISE; ID 83702-0000 fiYAN J SARAH M 2212 pPEBliLESTONE MERIDIAN IU 83642-0000 MOORI~OUSE AARON ~ MOORI~OUSE CRYSTAL 2180 'W PEBBLESTONE ST MERIDIAN ID 83642-0000 CASH kRONALD L 2156 •W PEBBLESTONE ST MER717IAN 'ID 83642-1399 2156 'W PEBBLESTONE ST WALT~RS J SCOTT b WALT$RS 13UEL7,F K 212 B W PEBBi,ESTONE ST MERIIIAN ID 83692-0000 i i 's JUL 14 '00 12 12 2088886854; JU1-14-00 12:18PM; CHANDLER AARON J ~ CHANDLER SARA E 2110 W PEBBLESTONE ST MERIDIAN ID 83642-0000 LEHMAN ROBERT J & LEHMAN DANA L 2066 PEBBLESTONE ST MERIDIAN ID 83642-0000 WASHINGTON MUTUAL BANK FSB PO BOX 91006 SEATTLE WA 98111-0000 2042 W PEBBLESTONE ST MACHADO DAVID A AND EARL ANGELA K 2020 W PEBBLESTONE ST MERIDIAN ID 83692-0000 HOWARD FRANK R ~ H09VARD MARL IA R 2000 W PEBBLESTONE 5T MERIDIAN ID 83642-0000 BADE DANNY e BADE MELVA J 1988 W PEBBLESTONE ST MERIDIAN ID 83692-0000 YAGER BARRY L 1964 W PEBBLESTONE MERIDIAN ID 83642-0000 REED HARLEN R & REED CYNTHIA S 2790 W PEBBLESTONE CT MERIDIAN ID 83692-7504 KELLY TIMOTHY J S KELLY SUSAN M 2551 W PEBBLESTONE CT MERIDIAN ID 83692-7502 SCHMIDT WAYNE J SCHMIDT ANGELIQUE M 2757 -Q PEBBLESTONE CRT MERIDIAN ID 83642-7504 GOURLEY DAVID B & GOURLEY KRISTIN MAE 2723 ~P PEBBLESTONE CT MERIDIAN ID 83642-750 2088886854 Page 3/4 PAGE.03 Sent By: City of Meridian; 2088886854; Jul-14-00 12:1HPM; ;." +'~ MARTIN ROBERT E ~ MARTIN S HA~tON R 2701 ~ PEBBLESTONE CT MERIDIAN ID 83642-7504 ANDER~ON JAMES EDWARD 2659 W PESBLESTONE CT MERIDIAN ID 83642-7503 BARKER REFSE FRANK ~ EARPCER JANA LYNN 2633 ~0 PE$BLESTONE CT MERIDIAN ID 83642-7503 SCHWA TZ .SON F 2617 ~ PEBBLESTONE CT MERIDIAN ID 83692-7503 OLIVE$t ROBERT 2595 ~ PE~BLESTONE CRT MERIDIAN ~D 63642-U000 STUBB~EFIELD CON5TRUCTN CO INC PO B0~ 327 MERIDIAN ID 83680-0327 W PEBBLESTONE ST SWENS~N ROYAL SOPENS~N DAVID 2563 ~ PE$BLESTONE CT MERIDIAN ID 83642-7502 MCCL03l STEVEN A 3101 ~1 MA~2BURG AVE MERIDxAN ID 83642-0000 Page 4/4 JUL 14 '00 12=13 2088886854 PAGE.04 . CITY OF MERIDIAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888433 Amer s r No. Date -' 3 -(~ ~ ` 'SS \~\~ J.. Lev ~i~11:~~ ~"'F` ~TT~ /'i~~l `~~,- ~ ~ ~L~S Phone: tTV y~ "t.~ ~~ C.O.D. CHARGE pN ACCT. MDSE. RETD. CL`Y~ . ~ --\~~ ~. PAID OUT . `C . ~ S N./ I - I I 'S-O ~ ~~ . ~ ~ .~ ~- ~ ~ ~ 8~ 50' ~q3 ~v ~ , ~ -- ~ r- C ., l~~ p/ I 0 tU ., t r ~ ~ I i I I i i ~`` .,' i I I I I laims and returned goods MUST be accompanied by this bill. i ~ TAX 12 3 0 7 Byceived TOTAL ~,~ .~~ Q1 ~s-zo2-z PRINTED IN U.S.A. ~ FBINTEbWITH . Q(J ' Q C SOYINK. ~ ... ... l ~ :J~uuti~u 61.(/ . .. .....,-~---.T~ -. .. _..._ - ~o 0 ~~ a O 0 N N N YN m Cp N Z ¢o H~ v W O °' im N (D o_ O Z Q a r O E n U F- Z ` cn W -o o ` ~ ~tnjch a ~~ + o ~ W =~~ Q O ~ ~ ~ _ W ~ O c°~ ~ cNp ~ omv w ~ ~ ~ ~ m Z r O c a ^ J '- ,~ W ~ U ~ ~ ~ ~ a w o ~ ~o O W 3 Q ~ ll.. a0 o y-= o~=~ I~z ~ 0 ¢o ~~ N WWI ~> ~, o m a ~F ~ az z~ ~o o aC a Z p Q O o ~ - w O _~ U C) W z ~ , ... .-~ ... _.. .. F-.-.... .....~, BOWCUTT PLANNING SERVICE 11283 WEST HICKORY DALE DR PH 208-376-8713 BOISE, ID 83713 I ~ PAY TO THE ~~ ORDER OF 111 ... 10 0 3 ;~'. J~~~pQJJ~~7 92-372/1231 3670 '~ ~ ~ C~ppTL ~' I $ ~G~ Z,39 '''. ~bank® Anytime, Anywhere Access ,_ t-BOo-US OANKS / /,n www.usbank.com l/~~'~~~`~/1~ci, _ ~~•~/V !+~ Foa ~~C-~.D`t !~~ C~ ~:L23L03729~:L53390L79643i1' L003 nr t n /"~. 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 cag 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°2fi'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°14'4]." 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: Beginning at a point on the North and South quarter section line 103.3 feet, North 00°2b' 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. ALSO EXCEPTING THEREFROM any portion of said property lying within USTICK ROAD Meridian City Council Special Meeting May 23, 2000 Page 18 Anderson: Second. ~~' J~ ~~ ~~Lz~f Corrie: Motion has been made and seconded to approve the three easements of E.L. Bews, Young Lands, Ltd., and Young Lands, Ltd., as well, for three total. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Smith: Thank you. May I have another moment of your time? I had received a phone call today from Ramon Yorgenson who is a land developer. His company is called Capital Development., Inc. He did the Crossroads Subdivision. He owns a parcel of property that fronts, it's a narrow parcel of property north-south, east-west, I mean, long dimension is north-south. Fronts on the Chinden Boulevard. It's in the very northeasterly most corner of our area of impact. I'll pass out a little drawing for you to look at. This parcel of property is adjacent to the west boundary of Bristol Heights Subdivision which is a Boise area of impact subdivision. The east boundary line of this parcel that Ramon Yorgenson is wanting to develop is the same line for the - it's a separating line between the Boise area of impact and the City of Meridian area of impact. Where I've labeled the lift station, that exists in Bristol Heights right now. That's Boise City lift station. What Mr. Yorgenson is proposing to do is to sewer this parcel of ground into the Boise lift station on a temporary basis. He's going to provide a gravity sewer line south from that lift station that would flow into where I've marked at the very bottom of the development, future gravity sewer line that would flow into our system eventually, and he's also willing to pay the assessment fees for each lot to the City of Meridian as well as the assessment fees to the City of Boise. Boise has agreed to allow him to transfer those fees to another development at such time that he connects to Meridian's sewer line or at least a portion of those fees. So the fees -and that's been one of the things that's been a stumbling block in these border subdivisions is the payment of fees once the switch-over is made. I told him that it was really kind of - I wanted you folks to be aware of what his proposition is. I don't have a particular problem with it as long as he provides the gravity sewer at the south end that we can eventually hook to, and he's willing to pay the fees to us. I don't know if there's a legal problem with that: paying the fees on a future connection. I assume that once you pay the fees, you have the right to connect, but not being in the City I don't know. deWeerd: How are they getting water? Smith: They're probably getting water from the Bristol Heights Subdivision, and I assume that's United Water. Bird: Once they get in there, there's no guarantee they will be - Smith: Well, we would need to have some kind of agreement between the subdivision either in the protective covenants that would say once City sewer is Meridian City Council Special Meeting May 23, 2000 Page 19 there that they will connect, and the fees - if the fees being paid now are acceptable, then that doesn't become an issue. We still do have an issue of the water that we probably need to address also. There will need to be an agreement between the City of Meridian and the City of Boise as far as the treatment of the sewage goes, too, so that at such time they connect to the City of Meridian, then Boise eliminates the need to treat their sewage. So I think we've got a couple of memorandums of understanding, maybe, with the City of Boise and some kind of a language that needs to be in the covenants so that the property owners understand it. They could probably care less as long as the sewage goes down the pipe away from the lot whether it goes to Boise or goes to Meridian. Corrie: (inaudible) something to work out with United Water? We have to meet with them so that they would come under our water system after we get the sewer? Smith: I think it would be a similar situation there, yes. Corrie: We wouldn't do it unless they did? Smith: Well, we're going to have to have some way to charge them sewer, and that's off of the water meter readings. We had a verbal agreement. I don't think there was ever a written agreement with the Aposolitic Church on Meridian and Chinden about a temporary service. That was done on kind of a verbal basis. So that when we get there with our water, they will disconnect with United Water and connect to us. But there was never anything written. So I don't know how far that's going to go. Bird: Mr. Mayor, I have a couple questions. The water thing really bothers me because as you've told me, the State Water Board has the final ruling over it. We have areas, but if they get into it, they can move those areas. Second thing, are you willing to get all the other developers out there -are you willing to make the agreements with Boise sewer and water on the rest of them? There are other developments right out there by that that would be happy to do that. It's been brought to the Commissioners' attention. Are we - is that a policy that we want to set? Smith: Well, that is a fair question. I don't know. Bird: I think that once you have water getting in there, you're not going to get an out. I think (inaudible) church thing is going to be a real test. Smith: I agree with you. Bird: I have a doubt that once the sewer gets going in there that Idoubt - we might get some fees. I think the court's going to prove that it can't be. I think the Meridian City Council Special Meeting May 23, 2000 Page 20 court thing got into this kind of a thing. I don't know. If we are going to do it for this one developer, we better be prepared to do it for everybody out there from Locust Grove east. McMillan to Chinden. You can't treat one parcel any differently than the others. We, as the City of Meridian, we (inaudible) when we did Vienna Woods. Anderson: Mr. Mayor, I think this whole thing just stinks really bad to me, Gary. I don't know why we look at this proposal. When you look at the layout of this subdivision for all practical purposes, it's going to become part of that Bristol Heights. We've done nothing to secure because we can't do spot annexation. It doesn't do anything to help us secure our border. From an emergency standpoint, you might as well give it to Boise. Their access is through Bristol Heights. It makes no sense for the Fire Department to go out of their district, go into Boise's district to gain access into this when police and fire are going to be quicker to service it from the other area. I don' t know. This whole thing to try to accommodate this one developer makes no sense to me, and I agree with Keith: All we're going to do is open the floodgates to everybody in that area that is willing to pay these fees, and there's nothing to say that we can't be overturned on it later that would make us keep from paying back fees for our service that we didn't provide. Bird: Mr. Mayor, Mr. Anderson, Idon't -looking at your response, our map, I'm not -fire map, I'm not positive that this little lot isn't in Boise's, north Ada. Corrie: I think it's in Ada County. Bird: I think it's in North Ada. I don't think the fire -the fire doesn't have anything to do out there. Corrie: They might. Bird: They might, but I don't know. If you look at the map - Anderson: I don't think North Ada has any land - Bird: Anyway, I think if you're going to do it for one, you better be prepared to do it for all of them or do none. deWeerd: Mr. Mayor, you know, I think when Edinburgh Subdivision came in front of us, we attempted to kind of draw a line in the sand, and this would be again scratching that line out and being fuzzy again. So I agree with the other two Council members that I know he's kind of answering some of the issues that you had, but it still is spot, leap-frogging around and not growing in that orderly and logical way that the engineers like to see us grow. Meridian City Council Special Meeting May 23, 2000 Page 21 Corrie: I'd like to give my comment, but I won't. I agree with you 100 percent for a different reason. Bird: Mr. Mayor, I have no problem with bringing it in and helping them, but I mean you just can't pick out one developer and do it. That's what we're seeing here. Until we get our utilities ready, but I don't think this is going to stop. I think that there's enough people out there right now that -and the Commissioners are guaranteed getting pressure. Smith: Okay. I'll take that word back to them tomorrow if that's -that's the consensus of the Council, then, from what I hear. Not any kind of a motion at all. Bird: We don't need a motion. deWeerd: I think those would be our general comments. The only one we haven't heard from is Councilwoman McCandless. McCandless: Mr. Mayor, I'll go ahead anyway. I think we'd be opening ourselves up for trouble, too, since we did turn down Edinburgh project in somewhat of the same area. I would vote against it myself for those reasons. Corrie: Pretty well got your margin, Gary. Smith: Thank you. By the way, Edinburgh is coming back. I guess you're aware of that. Fifty-six lots coming back through the County. Bird: Fifty-two, wasn't it? Smith: Fifty-six. Corrie: They presented it. McCandless: Increased it again? Smith: No. They increased it from the 50 approximate lots, and the County wanted those border lots on the northwest corner that he was going to leave out where the road connects to Vienna Woods. So that is coming back as 56 lots. McCandless: So they're going through P & Z again? Smith: County, yes. deWeerd: But it's still as ugly as it was before us. Smith: Same arrangement. Mr. Mayor, one other thing, next Tuesday on the 30tH we have a workshop at the Wastewater Treatment Plant with Planning and ** TX CONFIRMATION REPORT ** AS OF SEP 27 '01 15 46 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM 23 09127 15 45 3642406 Meridian City Council Special Meeting May 23, 2000 Pago 1 B Anderson: Second. MODE MINiSEC PGS CMD# STATUS EC--S 01'25" 004 165 OK ~~4-Z~~/ /~'I~n;'.Te~~ /" Corrie: Motion has been made and seconded to approve the three easements of E.L. Bews, Young Lands, Ltd., and Young Lands, Ltd., as well, for three total. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Smith: Thank you. May I have another moment of your time? I had received a ~~ phone call today from Ramon Yorgenson who is a land developer. His company is called Capital Development., Inc. He did the Crossroads Subdivision. He owns a parcel of property that fronts, it's a narrow parcel of property north-south, east-west, I mean, long dimension is north-south. Fronts on the Chinden Boulevard. lt's in the very northeasterly most corner of our area of impact. 1'll pass out a little drawing for you to look at. This parcel of property is adjacent to the west boundary of Bristol Heights Subdivision which is a Boise area of impact subdivision. The east boundary line of this parcel that Ramon Yorgenson is wanting to develop is the same line for the - it's a separating line between the Boise area of impact and the City of Meridian area of impact. Where I've labeled the lift station, that exists in Bristol Heights right now. That's Boise City lift station. What Mr. Yorgenson is proposing to do is to sewer this parcel of ground into the Boise lift station on a temporary basis. He's going to provide a gravity sewer line south from that lift station that would flow into where I've marked at the very bottom of the development, future gravity sewer line that would flow into our system eventually, and he's also willing to pay the assessment fees for each lot to the City of Meridian as well as the assessment fees to the City of Boise. Boise has agreed to allow him to transfer those fees to another development at such time that he connects to Meridian's sewer line or at least a portion of those fees. So the fees -and that's been one of the things that's been a stumbling block in these border subdivisions is the payment of fees once the switch-over is made. I told him that it was really kind of - I wanted you folks to be aware of what his proposition is. I don't have a particular problem with it as tong as he provides the gravity sewer at the south end that we can eventually hook to, and he's willing to pay the fees to us. I don't know if there's a legal problem with that: paying the fees on a future connection. I assume that once you pay the fees, you have the right to connect, but not being in the City I don't know. deWeerd: How are they getting water? Smith: They're probably getting water from the Bristol Heights Subdivision, and I assume that's United Water. Bird: Once they get in there, there's no guarantee they will be - Smith: Well, we would need to have some kind of agreement between the subdivision either in the protective covenants that would say once City sewer is ~` +''\ August 31, 2000 CUP 00-043 MERIDIAN CITY COUNCIL MEETING September 5, 2000 APPLICANT Primeland Development Co., LLP ITEM No. 24 REQUEST Request for Conditional Use Permit to construct a PUD consisting of 106 buildable lots in a proposed R-4 zone -north of Ustick Road and east of Ten Mile Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: 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: Contacted: COMMENTS See attached info from P 8~ Z Hearing See attached Recommendations ~ ~~~ c Date: R ~~~,~ Phone: '~ `,~~ Materials presented at public meetings shall become property of the Cffy of Meridian. - CCtec- /- rY WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE BL ROSSMAN, P.A. IuLIE KLEIN ilscta~x ATTOizNEYS AT LAw WM. F. GIGRAY, III BRENT J. JOHNSON 200 EAST CARLTON AVENITE D. SAMUEL IOHNSON POST OFFICE BOX I ISO WII,LIAM A. MoRROw MERIDL4N IDAHO 83680-1150 WII.LIAM F. NICI-IOLS , CHRISTOPHER $. NYE PHILIP A. PETERSON TNa, 208) 288-2499 ERIC S. ROSSMAN FAx (~08) 288-2501 TODD A.ROSSMAN Dwvro M. S WARTLEY TERRENCER WHITE August 22, 2000 To: Staff Applicant Affected Property Owner(s) Re: Application Case No. CUP-00-043 NAMPA OFFICE 104 NINTI-[ AvENVE SOUTH POST OFFICEBOX 247 NAMPA, IDAHO 83653-0247 TEL. 208)466-9272 FAX ( 08)466 3405 PLEASE REPLY TO MERIDL4N OFFICE R,~c~~D auo ~ 0 2aaa CITY OF MERIBIAN FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Findin s and Recommendations of the Planning and Zoning Commission shall be presented to the ~ity Council at the public hearing on the above referenced matter by the Planning and Zoning Administrator. Due to the volume of matters which the City Council must decide, and to insure your position is understood and clear, it is important to have a consistent format by which matters are presented at the public hearings before the City Council. The City Council strongly recommends: That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and be prepared to state your position on this application by addressing the Findings and Recommendations of the Plannuig and Zonung Commission; and 2. That you carefully complete (be sure it is leg~'ble) the Position Statement if you disagree with the Findings and-Recommendations of the Planning and Zoning Commission. The Position Statement form for this application is available at the City Clerk's office. It is recommended that you pprepare a Position Statement and deliver it to the City Clerk prior to the hearing: if possible. If that is not possible, please present your Position Statement to the City Council at the hearing, along with eight ($) copies. The copies will be presented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the City Attorney. If you are a part of a group, it is strongly recommended that one Position Statement be filled out for the group, which can be signed by the representative for the group. Very truly ours, City Attorney's Off' e ly/ BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FORA 106 LOT PLANNED UNIT DEVELOPMENT FOR PROPOSED BRIDGETOWER SUBDIVISION Case No. CUP-00-043 RECOMMENDATION TO CITY COUNCIL PRIMELAND DEVELOPMENT CO., LLP Applicant 1. The property is located east of Ten Mile Road, north of Ustick, 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. Applicant is Primeland Development Co., LLP. of Boise. 4. The subject property is currently zoned R-T. There is a current application before the City Council for annexation and zoning to R-4. The zoning district of R-4 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 5. The proposed application requests a conditional use permit fora 106 lot Planned Unit Development to be known as Bridgetower Subdivision. The R-4 RECOMMENDATION TO CITY COUNCIL - 1 CONDITIONAL USE PERMIT - 106 LOT PLANNED UNIT DEVELOPMENT, BRIDGETOWER SUBDIVISION - PRIMELAND DEVELOPMENT CO, LLP zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8- 1). 6. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 7. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Policy. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit as requested by the applicant, subject to the following: Adopt the Recommendations of Planning and Zoning and Engineering Staff as follows: 1.1 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. The applicant agrees that the deviation of RECOMMENDATION TO CITY COUNCIL - 2 CONDITIONAL USE PERMIT - 106 LOT PLANNED UNIT DEVELOPMENT, BRIDGETOWER SUBDIVISION - PRIMELAND DEVELOPMENT CO, LLP 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. 1.2 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 be off-site from this subdivision (i.e., there is no easement involved), staff requests that the Applicant address the pathway issue during the public hearing process. The gravel access shown between Lots 11 and 12, Bloclc 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. 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. 1.3 Item #7 of the Preliminary Plat application states that the Applicant has interest in dedicating the park area to the City for a neighborhood park in exchange for Parlc Impact Fee Credits for the land dedication. I~owever, 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. 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 set forth by the Parks Department would be imposed. These standards would most likely be more closely than development of the park RECOMMENDATION TO CITY COUNCIL - 3 CONDITIONAL USE PERMIT - 106 LOT PLANNED UNIT DEVELOPMENT, BRIDGETOWER SUBDIVISION - PRIMELAND DEVELOPMENT CO, LLP as private. The Park Impact Fee credits issue may warrant further investigation. 1.4 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. 1.5 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. 1.6 Ordinance 12-6-7.D requires that all planned developments provide underground utilities throughout the entire project site. 1.7 Please provide elevations of the proposed clubhouse for review and approval. Adopt the Recommendations of the Central District Health Department as follows: 1.8 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health SL Welfare, Division of Environmental Quality. 1.9 Run-off is not to create a mosquito breeding problem. 1.10 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 1.11 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater RECOMMENDATION TO CITY COUNCIL - 4 CONDITIONAL USE PERMIT - 106 LOT PLANNED UNIT DEVELOPMENT, BRIDGETOWER SUBDIVISION - PRIMELAND DEVELOPMENT CO, LLP ~-`. disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendations of the Meridian Fire Department as follows: 1.12 Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants, including adequate water supply and hydrants for the office lots. 1.13 Common areas will need to be kept clean of trash and weeds. 1.14 All roads will be installed before building is started with appropriate street name signs. The applicant requests that all applicable conditions be listed in this document. ey/Z:\Work\M\Meridian 15360M\BridgeTower AZ017 CUP043 PP017\CUP043Bridgetower.wpd RECOMMENDATION TO CITY COUNCIL - 5 CONDITIONAL USE PERMIT - 106 LOT PLANNED UNIT DEVELOPMENT, BRIDGETOWER SUBDIVISION - PRIMELAND DEVELOPMENT CO, LLP August 3, 2000 CUP-00-043 MERIDIAN PLANNING 8, ZONING MEETING AUgUSt 8, 2000 APPLICANT Primeland Development Co., LLB ITEM NO. 7 REQUEST Conditional Use Permit to construct a planned unit development consisting 106 buildable lots for Proosed Bridgetower Subdivision North of Ustick and East of Ten Mile AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS See Attached See Attached See Attached See Attached See Attached See Attached ,~~ lam' ~~~ ~~ ~~ BUREAU OF RECLAMATION: OTHER: See attached COI'Y1f71ef1tS ffOfl'1 SeWef ~A~~ ~` Contacted: '~ V~--(" Date: ~' ~~:`'~ ~ Phone: `` ~ ~!'~ ~-' Materials presented at public meetings shall become property of the City of Meridian. CENTRAL •• DISTRICT ~11"HEALTH DEPARTMENT Rezone # Conditional Use # Preliminary /Final /Short Plat ^ Boise ^ Eagle ^ Garden City Meridian ^ Kuna ^ Acz ^ I. We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ 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 ,.Q,/ water availability. ,J,f'I 8. After written approval from appropriate entities are submitted, we can approve this proposal for: r!T central sewage ^ community sewage system ^ community water well ^ interim sewage central water ^ individual sewage individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage ^ community sewage system ^ community water ^ sewage dry lines ~ central water 10. 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 4. ~%il~. t'rr .f ~~/ ~ r7'.4G f~C~D ~ +r~+'~ [.v~-T~z'~2 Date: ~ /~/ ~ /~'~~iJr16 ~/xl3~vT ,~~Co~~,t~i~i'o~/S Reviewed By: ~t~iC/~~' CENTRAL DISTRICT HEALTH DEPARTMENT Environmental Health Division U~''i,(~EjtjTa~llReturn to: I ~ ~ ~.. 2 6 Z~~~ CDHD 10/91 «e, ~~.. u9i Review Sheet CENTRAL •~ DISTRICT ~iT'HEALTH D EPARTMEN7 MAIN OFFICE • 107 N. ARMSiRGNG?l. • °OIEr.10 ~JiOa-08?5 • (:G5) 375-~_'~ . • ~.,;( ,,}?7.,;;00 Tu pervert! and !teat disease mrd dlsaGiliN; to prunwtr /~eal!lry lifestyles; arrd to protect acrd prnntvKe lire /rca!!fr rend quality uf~urrr c•nrrrurrnrerrr. STORNZ WATER MANAGEiYIENT RECO>titN1ENDATIONS It is recommended that storm water be pre-treated through a gassy 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 ground`vater and surface water degradation. Manuals that could be used for guidance are: State of Idaho Catalog of Stormwater Best ~ylanagement Practices For Idaho Cities and Counties. - Prepared by the Idaho Division of Environmental Quality, July 1997. Stormtivater Best Management Practices Gzlidebook. Prepared by City of Boise Public Works Department, January 1997. Serving Valley, ELnnre, Boise, aad Ada Cnu»[ies Ado /Boise County Office Ada-WtC Satellite Office Elmore County Office " Vcllay County Othce 7n,7 N Armsrong ?f. I X06 Rca?rt it. Boise i0 3J 705 e. 8th Stea~r rl. 520 Mounroin Home. ~D 8J6a7 PO Box IdG Base. i0 83i0d N9CIth: J27.1Q90 _nwr0 . Pn. 33a•3J55 CnvirO. H2dlth; 587.9225 AACCQII, ID 8JhJ8 . ~.mdy Plonrnn J27-Td00 9' SAX: J3dJJ55 Fomlly Health: 5BT-ad07 Pn. 63d•7I9u FAX 5Jd•21'~ ~r^.mun¢Orions: 321-7u50 WIC: SB7•dc09 3anror vurnhon: J27.7d00 FAX: 5B7•J521 ~~nC J27-7u88 -~x 327-8`CO ^- ~ HC~B OF TREASURE VALLEY MAYOR Robert D. Cowie A Good Place to Live LEGAL DEPARTMENT CITY OF MERIDIAN (208) 233-2199 • Fax 233-2501 CITY COUNCIL MEMBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDfNG DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-22t t • Fax 887-1297 Tammy deWeerd (208) 888-dd33 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 ~ DEPARTMENT ~' ~ ~~ ' (208) 884-5533 • Fax 888-6854 ~ ~° i, 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 13, 2000 Hearing Date: August 8, 2000 File No.: CUP-00-043 Request: Conditional Use Permit fir a 106 lot Planned Unit Development including 103 residential lots, 3 future office lots, 1 H.O.A center, 1 park lot and 19 common lots Location of Property or Project: East of Ten Mile, North of Ustick 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 Building Department Fire Department Police Department City Attorney City Engineer City Planner Gen - 28 PPlFP/PFP - 31 AZ - 27 R~C~'~D J U L 2 5 2000 CITY OF MERIDIAN 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 R~CE1V~'® 'J U L 2 4 2000 Meridian City Water Superintendent ~lA~ OR Robert D. Cowie CITI' COUNCIL ~IE~tBERS Ron .-Anderson Keith Bird Tammy deWeerd Cherie McCandless ~„\ HUB OF TRE.-fSL'RE VALLEY ,,,,~ ,a Good Place to E,ive CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 836x2 (208) 888-~J-t33 • Fax (208) 887-1813 City Clerk Office Fax (208) 888-1213 LEGAL DEP.~R'ItiIENT ('_081 '_88-'_499 • Fax ?88-'S0l PUBLIC WORKS BUILDING DEPARTMENT (208)387-_21l •Fax 887-1297 PLANNING AND ZONING DEPAR"itiIENT (208) 884-5533 • Fax 888-684 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 13, 2000 Hearing Date: August 8, 2000 File No.: CUP-00-043 Request: Conditional Use Permit fora 106 lot Planned Unit Development including 103 residential lots, 3 future office lots, 1 H.O.A center, 1 park lot and 19 common lots By: Primeland Development Location of Property or Project: East of Ten Mile, North of Ustick 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 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 Your Concise Remarks: MAYOR Robert D. Come CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless NUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT (208)288-2499 • Fax 288-2501 CITY OF MERIDIAN PUBL[C WORKS 33 EAST IDAHO BUILDING DEPARTMENT MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING City Clerk Offtce Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 .~ ,~` l ;. 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 13, 2000 Hearing Date: August 8, 2000 File No.: CUP-00-043 Request: Conditional Use Permit fora 106 lot Planned Unit Development including 103 residential lots, 3 future office lots, 1 H.O.A center, 1 park lot and 19 common lots By: Primeland Development Location of Property or Project: East of Ten Mile, North of Ustick 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 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 MAYOR Robert D. Cowie CITY COUNCIL ~'~IEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless HL'B OF TREAS(~'RE U~1 LLEY r A Good Place to Live LEGAL DEPARTMENT CITY OF MERIDIAN 0081 ~g8-24~9 • Fax X88-2501 PUBLIC WORKS 33 EAST IDAHO BUILDING DEPARTMENT MERIDIAN, IDAHO 83642 (''-og) $$~-?~tt • Fax ss~-t297 (208) 888-1433 • Fax (208) 887-x813 PLANNING AND ZON[NG City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-684 1'i 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 13, 2000 Hearing Date: August 8, 2000 File No.: CUP-00-043 Request: Conditional Use Permit fvr a 106 lot Planned Unit Development including 103 residential lots, 3 future office lots, 1 H.O.A center, 1 park lot and 19 common lots By: Primeland Development Location of Property or Project: East of Ten Mile, North of Ustick Sally Norton, P/Z Meridian School District ..Kent Brown, P/Z Meridian Post Office (FP/PP) Thomas Barbeiro, P/Z Ada County Highway District Richard Hatcher, P/Z Community Planning Assoc. Keith Borup, P/Z Central District Health Robert Corrie, Mayor Nampa Meridian Irrig. District Ron Anderson, C/C Settlers Irrigation District Tammy deWeerd, C/C Idaho Power Co. (FP/PP) Keith Bird, C/C U.S. West (FP/PP) Cherie McCandless, C/C Intermountain Gas (FP/PP) Water Department Ada County (Annexation) Sewer Department Idaho Transportation Department Sanitary Service Building Department Your Concise Remarks: ~j ` ~ '~ ~ ~~ / Fire Department Police Department L(~ ~~rr~n,,,L~,,, (~,~rt ~ ~~ ~~ fU.itsz~~ 7`b ~~ ~ t City Attorney ~L Q ~i~, Tr ~ s ~ ANA t~ ~,~~.~5' Sfr~.~f /(/'~y r-r ~ City Engineer ~` ~ ,v ~ ~ r~ Ro .~ ut; ; ~ Cr ~ ~~ ~~ to 8~ City Planner ~'sv~ f~- it-~ ~ ~.~~~ % ~~ (c~Rr`fi / S ~',~~„~ f~ ~~ ?~ ,.. Gen - 26 PP/FP/PFP - 31 AZ - 27 / ~ ~ h~j ~ ~ ~,~. ~~, ~,~ ~ \/ W /~,,Q y /+y„i ~ ~/}F ~~ ~.t~ ~-¢ ~ r St. -r ~ ~,, J ~F 4~/ i~ /~ 7 ~~'`~'~ SV /ICY t~'~ ~~ C~~~ ~l~ ~~~ .-. ti y' _v L -i r,~h:~ . ~+ _~JiJ 7 ~~ ;~ 1 ~Y ~ P r i ~'i j;_ ~a ~.~. Vii; August 7, 2000 BECKY B®WCUTT PtANNIN6 SE6YICES 11283 W. Hickory Dale Bolse, Itlaho 83713 City of Meridian Attn: Brad Hawkins-Clazk, Bruce Freckleton and Wil] Berg 200 F. Carlton, Suite 201 Meridian, Idaho 83642 r•~ .-., 7 ~ ~..-~ /~ ~/- ~ G' ~ ~ ~ Re: Bridgetower Subdivision (Responses to staff comments on the annexation, preliminary plat & planned unit development). ANNEXATION & ZONING -GENERAL COIVIlYIENTS: 1. The applicant agrees. 2. The applicant agrees. 3. The applicant agrees, ANNEXATION & ZONING -GENERAL REQ1iJIREMENTS: 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 retainers 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 standards. AUG 07 '00 12.09 PAGE. J2 ,~. ^~ ANNEXATION SITE SPECIFIC REQITIItEMENTS: 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 8c 3, block 1. This area will be landscaped to provide an adequate buffer for the adjoining residential use. 4. "I'he applicant understands that the three lots labeled as future office 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. PRELIMINARY PLAT REQUIREMENTS: I .The applicant will comply. 2. The applicant will comply. 3. The applicant will comply. 4. The applicant will comply. 5. 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 park 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. 11. 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 07 '00 12 09 PAGE.03 r•T f''ti The applicant would prefer the City look at other options to eliminate the possible conflict. 13. The appficant will comply. 14. The applicant will wmply. 15. The applicant will comply. 16. The applicant will comply. CONDITIONAL USE REQUIREMENTS: 1. The applicant requests that all appiicable 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 $ridgetower 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 further investigation. 5. The applicant will comply with staff recommendations. 6. The applicant will comply. 7. The applicant will comply. 8. The applicant wil{ provide elevations for staffreview. AUG 87 '88 12 10 PAGE.84 ~~~ HC%B OF TREASURE VALLEY ~ MAYOR 'NT Robert D. Cowie A Good Place to Live CITY OF MERIDIA ~ ~ ~,~~ --'~' CITY COUNCIL MEMBERS ' Ron Anderson 33 EAST IDAHO ~~ ~~~ ~T Keith Bird MERIDIAN, IDAHO 83642 J~ ~ ~ ~~ Tammy deweerd (208) 383-4433 • Fax (208) 887-4813 ~ ~ ~~, ' ~U~~ Cherie McCandless City Clerk Office Fax (208) 888-4218 ~~~~ , -vtS54 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-DO-OI ~ 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. Bridgetower.AZ PP.CUP.doc AZ-00-017, CUP-00-043, PP-00-017 Planning & Zoning Cor~'ssion/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. 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 of property. 7. All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridiaix,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 REQUIRMENTS 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-06017, CUP-00.043, PP-00-017 Bridgetower.AZ.PP.CUP.doc ~ ,•-. Planning & Zoning Con ssion/Mayor & City Council August 3, 2000 Page 4 PRELIMINARY PLAT REQUIREMENTS 1. 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 boundazies of this subdivision. 5. 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 preliminazy 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 aze at least one foot above the high groundwater. Bridgetowxr.AZ.PP.C UP.doc AZ-00-017, CUP-00.043, PP-o0-o17 ~ ~ Planning & Zoning COn"~ ~sion/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. 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. 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. s~asew.~.nz.PP.cuP.a~ A7r00-017, CUP-00-043, PP-00-017 Planning & Zoning Conu~__~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 1. 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 Pro sed 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. 3. 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 . _ ~ ~__..,..t,. -,..~t,..».. ;~~.,P rinrina the .~.- _ Planning & Zoning Comr',~ a,ion/Mayor & City Council s a August 3, 2000 Page 2 SURROUNDING PROPERTIES The property is located in an area designated as Single-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 are three separate property owners of the six (6) subject parcels. 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. Youn three parcels. Each owner has submitted consent for the applications.the owner of the remaining 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 annrnval cnhmitfa.a *,. +~,~ n..t,._ ~.~_ , ~, .-. Planning & Zoning Coma ,ion/Mayor & City Council August 3, 2000 Page 2 SURROUNDING PROPERTIES The property is located in an area designated as Single-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 parcels. E.L. Bews is the owner of the two (2) southernmost parcels, Brad and Chandos Hoaglun are 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. Bridgetowxr.AZ.PP. CUP.dce AZ-00-017, CUP-00-043, PP-00-0I7 Planning & Zoning Com~_ .~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 Communit.~g ChaQter Policies 1.8, 5.2U Bridgetower.AZ.PP.CUP. doc AZr00.017, CUP-00-043, PP-00-017 ~v irk \ .~~^1 . ~, i ~.~ ADA COUNTY HIGHWAY DISTRIGT;~` ~ ,. ~ ~::. { ,, (\~ ,, 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 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 manual. Roads impacted by this development: Ustick Road ACRD Commission Date -August 9, 2000 - 7:00 p.m. Bridgetower.cmm Page 1 RT /\ RT I' ,/~ N RT 1000 0 1000 RT RT RT ~, ~~ qr R1 2000 RT I ~~ p ~~, "~ 0 p p ® `. RT I R RT ~ \ BRIGGS ENGINEERING, INC. 1/2 MILE VICINITY B,pp,R ~ REVISION BRIGGS BRIDGETOWER SUBDIVISION PORTION OF THE SOUTH 1/2 OF SECTION 35, T.4N., R.1 W., B.M., wc. (208) 3aa-e7oo ADA COUNTY, IDAHO SHEEP ~ of ~ 1800 W. OVERLAND ROAD DESIGN DRAFT SCALE DATE DWG. NO. BOISE, IDAHO 83705 BKB 1"= 1000' 06/28/00 0801 W601.APR 3( i0 Feet BLO K 7 21 20 29 8 O 3 g7 ~ 20 21 22 23 24 25 26 27 28 30 14 15 19 31 32 18 12 13 1; 14 15 16 17 18 19 17 10 20 33 1 9 8 BLOC 4 7 5 4 21 34 1 16 15^v 13 12 6 3 22 35 1 11 2 23 10 '---Y. 8 7 6 J 2 O 5 3 /~~ 4 ZOPE AREA BOIINDARY 3 R ~ BLOCK 2 R-4 1 2 BLOCK 2 3 BLOCK 1 \ s 7 W. USTICK ROAD 19 - -- 18 17 16 15 9 14 10 13 11 12 11 i 12 9 5 13 \ 14 g \ 4 6 ~ 15 3 / ~~ 7 2 1 5 6 4 5 3 4 z \ 3 2 O ~ ME CI Y L BO Y PEBBLESTONE PEBBLESTONE gT N S E T MBA c~ w PARK STONE m a H ~ Q z ~ R- r - ~ TUMBLE CREEK d BRIGGS ENGINEERING INC. VICINITY MAP , REVISION " '° BRIDGETOWER SUBDIVISION BRIGGS PORTION OF THE SOUTH 1/2 OF SECTION 35, T.4 N., R.1W., B.M., '"` ADA COUNTY, IDAHO SHEET ~ OF ~ ~zo6~ 3aa97oo 1800 W. OVERLAND ROAD DESIGN DRAFT SCALE DATE DWG. NO. BOISE. IDAHO 63705 BKB t" = 300' 06/29/00 0601 10601.APR RT N I V.. :r~$.; .w;~:~ 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 _ 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. f. 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 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 ,"~ -~ .~ 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. a -- P. The turnarounds should be constricted 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 x~: ~~ 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. =~~-rz 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. 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. 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 .~ ~: Quanystone 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. 8. 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 14. Stub Towerbridge Way, a residential collector, to the north property line between Lot 14, Block 5 and Lot 30, Block 3, and constnict 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. ,rvn pL ~~ 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 of pavement 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 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: 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 of why such a reauirement would result m 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 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 $1 10.00. The request 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. w. 3. Payment of applicable road impact fees are required prior to building constntction 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 tl~e Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services "'~~ procedures and all applicable ACHD Ordinances unless specifically waived herein. An ~M 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 r 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. 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 ,~"~, ~~~~~~ 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 Planning and Development Division at 387-6170. Submitted bv: Commission Action: Planning and Development Staff Bridgetower.cmm Page 8 `~ 08!10/2000 08:52 y ~ MAYOR Robert D. Come 2088885052 SANITARY SERVICE .-~. PAGE 03 NUB OF TRFASURB VALLEY A Gaod Place to Live LECAL DEPARTMENT CITY OF MEIR~IAN `20B} P~~~ ~ wo~6~~50~ 33 EAST IDAHO BUILDING DflPARTMF.NT MERIDIAN, IDAHO 83642 (208) 6$7.2211 • Fax 887-1297 (208) 888-4433 • Fax (208) 887.4813 PLAN ONINC City Clerk Office Fax (208) $88.4218 D P,aR7TnEN (208) 384-5533 • Fsx 888.6854 CITY COUNCIL MEM9ERS Ron Anderson Keith Bird Tamttty dcWeerd Cherie McCandless TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will tie considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Wilt Berg, City Clerk, by: August 1, 2000 Transmittal Date: July 13, 2000 Heanng Date: August 8, 2000 File No.: CUP-00-043 Request: Conditional-Use Parmlt far a 1 103 residential 8y: 3 future office East of Ten Mile f'rtmeland Deveto location of Properly or Project: lot Planned Unit H.O.A center. l c tot and 19 common lots of Sally Norton, P2 ..~ Richard Matcher, P2 Keith 8orup, p!2 Robert Corrie, Mayor Ron Anderson, C/C ,Tammy deWeerd, C/C Keith t3ird, C/C Cherie McCandless, C/C ~_ Water Department Sewer Department ~-Sanitary Service Building Department Fire Department Police Department City Attorney ,__City Engineer _____ City Planner Con - 28 PP/FP/PFP - 37 /1Z - $7 ,~,.~•"'"" Meridian School District ~_ Meridian Post Office (FP/PP) Ada County Highway District _Communlty Planning Assoc, Central District Health Nampa Meridian brig. District Settlers Irrigation District Idaho Power Co. (FP/PP) tJ.S. West (FP/PP) ~` Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department Your Concise Remarks: ~,r,~,(, ,~,, ~ ;. ~« ~ ~~~ 1~ AUG 10 '00 09 00 2088885052 PAGE. 03 Theldaho Statesman P.O. Box 40, Boise, Idaho 83707-0040 LEGAL ADVERTISING PROOF OF PUBLICATION _ 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 LEGAL NOTICE JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal PUBLIC HEJ4RMIG Clerk of The Idaho Statesman, a daily newspaper printed and published at NOTICE IS HEREBY GNEN pursuant to the Ordinances of the C'~y of Meridian and the Boise, Ada County, State of Idaho, and having a general circulation therein, and Laws of the State o1 Idaho that the City Council of the City of Meridian will hold a which said newspaper has been continuously and uninterruptedly published in public hearing at the Meridian City Hall, 33 said Count Burin P East Idaho Street, Meridian Idaho, at the Y g a period of twelve consecutive months rior to the first hour of 6:30 p.m. on June 1~, 2001, for the publication of the notice, a copy of which is attached hereto: that said notice purpose, of reviewing and considering the was ublished in The Idaho Statesman, in conformity with Section 60-108, apppllcaUons of: P HUlview land Devebpmsrrt, LLC, for of Idaho Code, as amended for: annexation and zoning of 28.59 acres from TWO RUT to RS for proposed Macatle Meadows Subdivision and preliminary plat approval of 115 building, lots and 15 other lots on consecutive weekly single 28.69 acres to a proposed.RS zone gener- aly located south of Fairview Avenue and west of Cloverdale Road; ~ consecutive daily ~ odd skip TJBJ, Inc. for a variance for the reduc• 1 n S e rti 0 n (S ) lion of two required parking spaces for Moxie Java generaly located at 1975 East beginning with the issue of: Fairview; JUNE 1 2001 Hillview Land Dsvek~pmsrK, LLC, for a variance to exce3ed the maximum 1,000- and ending with the issue of: JUNE 1 5 2001 foot block lenettt for proposed Macaile Meadows Subdivision general)y located south of Fairview Avenue, north of Pine Ave- '~ ~ nue and a quarter mile west of Cloverdale Road. Primeland~ Devebpt~ant Company LLP, for prekminary plaf approval of 33~ STATE OF IDAHO , ) building lots and 58 other tots on 175.91 -Maras-+a-•~roposed R-4 and C-G zones for )SS Bridgetower Crossing Subdivision and request for a Conditional Use Permit for pro- COUNTY OF ADA OF posed . Bridgatower Crossing Subdivision On this 1 5 day of JUNE in the year of 2001 contatning 692 single-family lots, 17 office lots and 10 commercial lots on 370.55 before me, a Notary Public, personally appeared before me Janice Hildreth acres in proposed R-4 and C-G zones gener- alry located north of West Ustick Road and known or identified to me to be the person whose name subscribed to the east of North Ten Mile Road. within instrument, and being by me first duly sworn, declared that the state- Pub. Jun. 1,15, 2001 10488 ments therein are true, and acknowledged to me that she executed the same. Notary Public for Idaho Residing at: Boise, Idaho / My Commission expires: C~ ~' vi"R. , :...,'.r ,:~;'1,te:1!^-'^H-u~"~a#Nt}~~°..~5~;'^t;yw>~Waww "'~::- _.w°,r'~,d,~a ~4i-r ~~° . v"~'# r L`~a~v'~t"~'~~`ts<~rC,a'a "i" ~1 4650 North Linder Rd. Meridian, ID 83642 884-8045 (Home) 373-0425 (Work) June 3, 2001 Meridian City Council 33 East Idaho Street RECEIVED JUN - 5 2001 Meridian, ID 83642 CITY OF MERIDIAN RE: Tra~ic Concerns related to Proposed BridBetower 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 aze worried about the effects that the proposed subdivision will have on the existing road network, on which traffic is already 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 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 .;~, /"'~, i1 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 26, 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 'vindicate 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. ACRD 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 ._ ~ :: .,:, i-~. ~ .. 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 ACHD 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 Linder, 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. Si~cerely, ~ ~ 1`~_~ ~~ Brian L. Eng ish Margaretha M. English -'''r, ~"~ Primeland Development Company 1111 S Orchard, Suite 155 Boise, ID 83705 385-7310 Fax: 385-7373 May 31, 2001 RECEIVED 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 ofyour staffthat 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 any 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. 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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 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 ,~ o~~~ WILLI~M~~f,~ERG, JR. I CLERK PUBLISH July 21, 2000 and August 4, 2000 } _ $~ - 9 ~~~ ~~ \ 1'!'r`tt ~„=, at ettti'~~j