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Golfview Estates Variance Request VARMAY 15 '00 17 12 FR CITY OF MERIDIAN ..~ ~-'~ ~a `~ REcErvED MAY 1 5 2000 P. 01/01 gE°~""ED MAY 1 5 2000 CITY OF MERIDIAN 1503 FIRST STREET 50UTH NAMPA, IDAHO 83651-4395 FAX # 208.463-0092 Phones: Areo Code 208 OFFICE: Nampo 466-7861 SHGP: Nampo 466-0663 Lonnie Fox Hubble Bnglneering, Inc. 9550 Bethel Court Boise, Ip 83709 Re: Safford literal Right~f--Way in Section 3, 3N, iW Dear Lonnie: The Nampa & Meridian Irrigation District dThe re a ded surveyr nd catesoi5 feetrleft and 30 feet mentioned section, township and range. right facing downstream from the center of the facility. This is an accurate statement you ma e In you May 8~', 2000 facsimile. However, as the Safford lateral tur evelo ment shoulda not encroach witl~inOthe tares of nthe may not be adequate and the d p constructed bank. It would require an a n- ot~mately the last 800 feet prior to a oss ng Blackcat distance for any encroachments wlthl PP . Road. Based on your letter, it is dirficutt to rcan take accloserelook and det rm ne whp hvportio of the plan has been developed the District Safford Lateral will be impacted. Please feel free to contact me if you feel further discussion is required. Sincerely, L~ ~ ohn P.I~,Anderslorn~W' at~er Superintendent . NAMPA & MERIDIAN IRRIGATION DISl'RICT JPA: din Cc; File Board of Directors Secretary Treasurer Asst. Water Superintendent Ride 4 -Larry Gillmore Ada County Highway District City of Meridian APPROXIMATE IRRIGABLE ACRES RIVER FIOW RIGHTS - 23,000 BOISE PROJECT RIGH15. 40,000 208 SS4 4259 TO P-AND-Z May 12, 2000 MAY-15-00 MON 449 PM SEABOARD FAX N0. 208 ~ 1138 ~~ ~ ~~ ~~ ~ 2000 ~~~.~®~I~D FAX COVER SHEET ~,~,1~~ ~~ ~,~~r~ P.O. BOX 3510 KETCHUM, ID 63340 (208) 729-1134 NAPPY HAWN (208) 726-7133 BRIAN McCOY (208) 726-1709 LOR! TURNER To ~5 . S t~}'-4R ( ST I L~ (208J 726.1198 FAX ~ RI A~N V1'~~ Date ~) js. I0 V Fax num6or ~~ ~ ~ ~~~,~, RE: ~pGFV/~~J ~ ~lf~~ S Q Reply ASAP ~ For your acfion ~ For your Information [~ Wlll follow by m811 ~ (~Il not follow by mall Total ps~es, 7ncludMy covew. COMMENT'S MAY-15-00 MON 449 PM SEABOARD FAX N0, 208 7~ 1138 P, 2 l'.b. Box _351 U • Kcichum. Idaho 83340 • (208) 72ti- 1133 • Fax: (208) 726- 1138 May 15, 2000 VIA FAX 208-888-6854 Ms. Shari Stiles Planning and Zoning City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: Golfview No. 2 -Phase 5 Dear Shari: Our cul-de-sac was paved on Friday, and we expect to be complete with the balance of paving by either today or Tuesday. The perimeter fence along our northern perimeter canal (chain link), is 90% complete as of this morning, and I anticipate completion later this afternoon or Tuesday. Temporary road signs will be installed tomorrow, and l am advised by Cheryl that all other sign-offs for issuance of building permits have bean are received, except for fencing. With regard to the issue of perimeter fencing along the south border of phase 5, I'd like to resolve this with you ASAP. Since talking with you, I went back and reviewed my entire file and could find no requirement or even mention of temporary yr permanent fencing in: a) any of the hearing minutes, or written approvals; b) any subsequent documentation, such as the Development Agreement/ Release of Development Agreement; c) no mention/reference at the construction pre-conference as a requirement; d) not a requirement in our agreement with Settlers Irrigation. MAY-15-00 MON 4.50 PM SEABOARD Ms. Shari Stiles May 15, 2000 Page Two FAX N0, 208 7,2,6 11.3.8 P, 3 Additionally, as you know, this was not a requirement or even came up with the final approval of phase 4 for building permits last year. Lastly, I reviewed the plat, which was recorded several years ago. Although there is specific language requiring a fence along the northern border (which we have just installed), there is no mention of any fencing required along the southern border. In fact, the plat notes contain a specific prohibition against any fencing being installed along the irrigation/bike path/utility easement that is within our plat along our southern border (see Note #13). For something as substantial an expense item as perimeter fencing (over 1,000 ft.), it seems only fair to have had it included as one of the many notes on this plat and on all future plats in the city. Elsewhere among the plat notes and among the approved construction plans are other requirements that must be met by developer or builder prior to issuance of building permit, but not a south perimeter permanent fence. Due to the Golfview Fencing Standard Requirements contained in the CC&R's/Design Guidelines, the cost for this fence will approximate $13,000-$15,000. For the above reasons, I ask you to reconsider your position for this final phase, as you go back and review the files, as you indicated you would do last week. However, I am also concerned with trash migration by builders not properly cleaning their sites during construction, and although we were not required to do this in my previous phases at Golfview, I would be willing to immediately install the orange temporary fencing along the southern border (lots 7-14/Block 9), if this would be satisfactory to you, given the circumstances, so that building permits can be issued. This fencing would remain up until the completion of all construction along this southern portion of this plat. I'll look forward to your reconsideration of this permanent perimeter fencing requirement along the south border of phase 5 at your earliest convenience. Thank you very much Sincerely, ~~ Brian M. McCoy President MAY- 8-00 MON 3:29 PM SEABOARD FAX N0, 208 726 1138 P. 1 .-~ ~: ~~~~~~~~ FAX COVER SHEET P.O. BOX 3510 KETCHUM, ID 83340 (208) 726-9134 HAPPY HAWN (208) 726.1198 FAX (208) 726-1133 BRIAN MCCOY (208) 726-1109 LORI TURNER Tom,, ~`~ ~'7r~t-~~ From ~~114'J~' m..C`~~ CC: Date ~~o-~ (Fax number ~ ~r L ~~ RE: Reply ASAP ~ For your action For your Information 0 Will follow by mail (Will not follow by mall To[al pdgas, Including covor. ~_ COMMEN7"S .................................................................................. ............................. , , ........... ~.., .............. i f. ..,...,.~'l~v.. ..............r's aE~ S~~r~ ..,~rrl'~ ......,....... ........................... ................................... .........................................................................................~-a- ..~..... MAY- 8-00 MON 3.30 PM SEABOARD ~- d"~~-. ~~ ~ ~ o~ ~~~~ ~ ~~ •~ ~ a~~ 5 sj~~ ~~ ~i R ~..1 I FAX N0, 208 726,,..138 P. 2 ~x~x$~T a ~r ~~ ~ ~.~-~-~ ~~ ~:-~;,~~~. ~Y d~ r~~, w, ~ ~~ oariirt,wa ) j` ~ ~ ~1t0~ r ~N- s 'f,* ~ g ~.~.-~ a . .. ~- ~= ~ v ~ ~ 10 I ~ ~ i. I i I Y ' 1\ a- i ~ I 1~ IF i v S ^ .' 'L MAY- 8-00 MOFI 331 PM SEABOARD,, FAX N0. 208 726,..L138 P, 3 ;ECOr?CE~ - r',cCJt_S i CF . .:uA ~i~~4~llY 7~;GtlC'CR QO O LICENSE AGREEMENI~'QAND-~Nf ~F'E~ASl/MENT i 0 0 0 G 5 7 3 8 d ~ FOR ~ ~"" -~ GOLF VIEW ESTATES NO. S This License Agreement and Grant of Easement ("Agreement") is made and entered into this a0~ day of January, 2000 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, whose address is P.O. Box 7571, Boise, Idaho 83707, and Golf View Associates, an Idaho limited partnership ("Golf View"), whose address is P.O. Box 3510, Ketchum, Idaho 83340. WITNESSETH: WHEREAS, the District owns and maintains a system of canals for purposes of furnishing irrigation water to its landowners together with easements to convey irrigation water in such canals, easements for ingress and egress, and easements for the maintenance and repair of the canals, including the canal immediately adjacent to Golf View Estates Subdivision No. 5 ("Southside Canal"); WHEREAS, Golf View, a real estate developer is developing the Golf View Estates No. 5 Subdivision located within the Southwest 1/4 of Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and which fronts on Blaclc Cat Road ("Subdivision"). WHEREAS, Golf'View desires to obtain a License ("License") from the District to permit Golf View to install athirty-inch (30") concrete gravity irrigation pipeline replacing the Settlers Southside Canal adjacent to the Subdivision, the future location of said gravity irrigation pipeline being more particularly described in the drawings, plans and specifications referred to as the "Irrigation Plan for Settler's Lateral Improvements Golf View Estates Subdivision No. 5 Meridian. Ada County, Idaho, dated August 1999, Irr. Sheet 1 of l," (hereinafter "Irrigation Plan'') and attached hereto and incorporated by reference hc;rein as Exhibit A. [.CC>rNSE AGREEMENT AND GRANT OF EASEMENT license-agrmt-10700 I~AY- 8-00 MOId 3; 31 PM SEABOARD, FAX N0, 208 726,138 P, 4 WHEREAS, the District desires to grant the License to Golf View for said purposes in accordance with the terms set forth in this Agreement; WHEREAS, the District desires that Golf View provide an irrigation easement and right- of-way as an alternative means of access for the District for purposes of ingress and egress to inspect, operate, maintain and repair the Sutlers Southside Canal; and WHEREAS, Golf View desires to grant and convey to the District such an irrigation easement and right-of--way, as more particularly described herein below to provide an alternative means of access for the District to the canal, NOW THEREFORE, inconsideration of the mutual benefits to be received by the District and Golf View and other good and valuable consideration, which consideration is hereby acknowledged by the parties, and the promises, covenants, agreements and conditions hereinafter set forth, the parties agree with one and other as follows: 1. Grant of I.icen~. (a) The District hereby grants a License to Golf View for the installation of a thirty-inch (30") concrete graviry irrigation pipeline replacing the Settlers Southside Canal adjacent to the Subdivision within the Southside Canal irrigation easement owned and operated by the District. The gravity irrigation pipeline shall be designed and installed in the location and in accordance with the specifications described on the Irrigation Plan attached hereto as Exhibit A. Golf View warrants that the pipeline will be free of defects in materials and shall be properly installed and agrees to replace or repair any portion of the pipeline which is defective or was improperly installed for one (1) year after installation. (b) Golf View expressly acknowledges and agrees that the License does not grant Golf View the privilege or right to install any other property or equipment other than as LICENSE AGREEMENT' AND GRANT OP EASEMENT - 2 license-agrmt-10700 i1~AY- 8-00 MO~I 3:32 PM SEABOARD FAX N0, 208 726,,1138 P, 5 described herein or the privilege or right to impair any rights of the District or others in the use of the Settlers Southside Canal. All privileges granted to Golf View hereunder are subject and subordinate to any and all property rights the District may have in the Settlers Southside Canal. This grant of the License is expressly conditioned upon the prior receipt by Golf View of all necessary governmental approvals for the work to be performed herein by Golf View. 2. Term of Grant of License. The term of the License shall commence upon the effective date of this Agreement and shall continue for so long as said gravity irrigation pipeline is in use and Golf View is in compliance with the terms of this Agreement. Golf View's Activities. Golf View, following the execution of this Agreement by all parties, may install the gravity irrigation pipeline as described in this Agreement. Golf View shall bear all costs and expenses for any such installation, inspection, maintenance, and repair. Golf View shall perform all work permitted under the License in a workmanlike manner. Any construction by Golf View which may impede or impair the flow of water through the canal may only be performed between November 1 and March 15. 4. Grant of Easement to the District. (a) Golf View hereby grants and conveys to the District an irrigation easement and right-of--way often (10) feet on either side of the centerline of the pipleline in all areas where there are no protruding above-ground irrigation structures. In areas where protruding above-ground irrigation structures are located, Golf View grants grid conveys to the District an irrigation easement and right-of-way often (10) feet on the South side of the centerline of the pipeline and often (l0) feet on the North side of all such protruding above-ground irrigation structures associated with the Settlers Southside Canal. The location of the easement and right-of-way is i~ICENSE AGREEMENT AND GRANT OF EASLMI;NT - 3 license-agrmt- l ()700 MAY- 8-00 MON 3:32 PM SEABOARD,.... FAX N0. 208 726138 P, 6 more particularly described on the Plat Copy attached hereto as Exhibit B and incorporated herein by reference. The initial plat was tiled at the office of the Ada County Recorder in Book 72, Pages 7448 and 7449, instrument No. 96089868. The purpose of the irrigation easement and right-of--way is to provide an alternate means of access for the District for ingress and egress, to inspect, operate, maintain, and repair the Settlers Southside Canal. (b) Golf View further grants and conveys to the District an additional easement and right-of--way over an area ten (10) feet in length by ten (10) feet in width directly abutting and extending to the North of the easement referenced in subjection (a) above at the easterly most boundary of Phase 5 of the Subdivision as more particularly described on the survey attached Exhibit C and incorporated herein by reference. The purpose of this additional easement and right-of--way shall be for aturn-around area for District maintenance vehicles. A drawing of the turn-around area is attached hereto as Exhibit D. 5. Installation of Roadway/Turn-Around. Golf View shall install a roadway ten (10) feet in width within the easement azea described in paragraph 4(a) of this Agreement extending the entire length of the pipeline Azad aturn-around in the location described in paragraph 4(b) of this Agreement. The roadway and turn-around shall be constructed with two inch (2") pit-run gravel and shall be completed as soon as possible, but not later than Apri130, 2000. 6. Limitations Re ardin Easement. Golf View shall not construct or install or authorize others to construct or install any innprovements or any landscaping, including trees or shrubs, within the area of the Settler's Southside Canal irrigation easement and right-ot=way, LICENSE AGREEMENT AND GRANT OF EASEMENT - 4 license-agrtnt-10700 ___ ~ ~1AY- 8-00 MOIL 3.33 PM SEABOARD FAX N0. 208 726,,,,138 P, 7 however, Golf View shall be entitled to install a paved bike path with gravel shoulders within that portion of the Settler's Southside Cana[ irrigation easement that is within the Golf View No. ~ plat, provided that the paved path is no closer than ten (10) feet to any protruding above- ground irrigation structure. Golf View agrees that if any pvrtion ofthe paved bike path is damaged in any way by the District in the course of its maintenance of the pipeline, including any construction or excavation relating to the pipeline, providing that such maintenance, construction, or excavation is performed in a reasonable workmanlike manner, Golf View shall bear all costs associated with any necessary repair of the bike path. 7. Representations and Warranties. (a) Golf View. Golf View represents and warrants that: (i) it is a limited partnership in good standing in the state of Idaho; (ii) it has the capacity to enter into a;nd perform its obligations under this Agreement; (iii) all actions required to authorize Golf View to enter into and perform this Agreement have been properly taken; (iv) this Agreement has been properly executed end delivered by Golf View and is valid and binding upon Golf View in accordance with its tezxzas; and (v) Golf View has obtained all governmental permits, licenses or acknowledgments required to conduct its activities under the terms o~ this Agreement. (b) District. The District represents and warrants that: (i) it is an irrigation district organi2ed and existing under and by virtue of the laws of the State of ldahv; L[C1/NSE AGREEMENT AND GRANT OI' )/f1,$EMEN1' - 5 license-agrmt- l 0700 MAY- 8-00 MOIL 3 ~ 34 PM SEABOARD FAX N0. 208 726,,.138 P, 8 (ii) it 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 y the District and is valid and binding upon the District in accordance with its terms. g, Indemni .Golf View agrees to install the gravity irrigation pipeline in a safe manner so that the installation does not constitute a hazard to any person or persons or interrupt, interfere with, or in any way impede the District's activities in connection with the delivery of water. Golf View agrees to protect, defend, indemnify, and hold the District, 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 attorneys fees, arising from or out of any acts or omissions of Golf View or its agents or contractors related to or in connection with the installation, inspection, maintenance, and repair of said gravity irrigation pipeline and the exercise of any rights or perfornnance of any obligations by Golf View hereunder. 1~urthenmore, Golf View agrees to protect, defend, indemnify, and hold the District, 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 attorneys fees, arising from or out of any releases or discharges of any substance into the Settlers Southside Canal or Hooding or interruption or interference with the flow of water in the Settlers Southside Canal caused by any act or omission of Licensee or its agents. LICENSE AGREEMENT AND GRANT' OF EASI/MENT • b license-agrmt- 10700 'MAY- 8-00 MON 3.34 PM SEABOARD... FAX N0, 208 726138 P, 9 9, No Liens. Golf View shall allow no liens as a result of any labor performed or materials supplied in connection with Golf View's activities to attach to the Settlers Southside Cana! or to any adjacent lands held by the District. 10. Binding Agreement. The promises, covenants, conditions, and agreements herein contained shall be binding on each of the parties hereto and on all parties and all persons claiming such covenants under them or any of tltem, and the rights and obligations hereof shall inure to the benefit of each of the parties hereto and their respective successor and assigns. All provisions of this Agreement, including the promises, covenants, conditions, agreements, benefits, and burdens shall run with the land and are binding upon and inure to the heirs, assigns, successors, tenants, and personal representatives of the parties hereto. 11. Payment of Attorneys Fees/Engineerine Fees. In further consideration for inducing the District to grant this License, Golf View agrees to pay promptly, upon receipt of invoices therefor, all sums due for attorneys fees and costs incurred by the District relating to the negotiation and preparation of this Agreement. Golf View further agrees to reimburse the District, upon demand, for all engineering costs or irrigation consulting fees that the District has incurred in connection with the design, review, inspection, and installation of the gravity irrigation pipeline. 1 ~ , 4 ~ - _-. In the event of any lawsuit or proceeding by any party hereto against the other party hereto arising out of this Agreement or in connection with the enforcement of any right herein granted, the non-prevailing party in such lawsuit or proceeding shall pay to the prevailing party such sum or sums as the court shall adjudge reasonable for attorneys fees and costs, including such fees and costs on appeal. 13. Recordin .This Agreement shall be recorded at the Ada County Itecvrder's Uffice. LICENSE AGREEMENT AND GRANT OF EASEMENT - 7 license-agrmt-10700 MAY- 8-00 MOId 3; 35 PM SEABOARD FAX N0, 208 726138 P. 10 14. Interpretation. The validity, meaning, and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. 15. 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: Sertlers Irrigation District P.O. Box 7571 Boise, Idaho 83707 Golf View Associates Attn: Brian M. McCoy P.O. Box 3510 Ketchum, Idaho 83340 16. Further Action. Golf: View and the District each agree to take, from time to time, such actions and to execute such additional instruments as may be reasonably necessary or convenient to implement and carry out the intent and purposes of this Agreement. 1N WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year as indicated elow. , Date: 2 G , 2000 Attest: Vicki Keen, Secretary Date: ~ ~.~ , 2000 SETTLERS IRRIGATION DISTRICT i ; - ,. By_ ~1~ , ,~.~ Don Srnitchger, its President GOLF VIL•W ASSOCIATES, L.P. LICENSE AGREEMENT AND GRANT OF EASEivIEN~I' - 8 license•agrmt-10700 MAY- 8-00 MOIL 3 ~ 35 PM SEABOARD __ FAX N0, 208 726 1138 P, 11 1 ~ '~ Seaboard Corporation, its G neral Partner, by and through Bri M. McCoy, President of Seaboard Corporation LICENSE AGREEMENT AND GRANT OF EASEMEN"f - 9 licznse-agrmt-10700 MAY- 8-00 MON 336 PM SEABOARD^ STATE OF CDAHO ) ss. County of Ada ) FAX N0, 208 726 1138 P, 12 On this~0'~day of January, 2000, before me, a notary public, personally appeared Don Smitchger, known or identified to me to be the President of SETTLERS IRRIGATION DISTRICT, the corporation that executed the within instrument, and known to me to be the person who executed the within instrument on behalf of said corporation and acknowledged to me that such corporation executed the same. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~ ~ ~!-RY ~ v~ ! y ~ ~ •• pV~ ~ STATE OF IDAHO County of Blaine /r& Notary Public or Idaho Residing SQ Commission Expires: _ ) ss. r~~, ~/~1~~~~ ) ho On this ~:~day of January, 2000, before me, a notary public, personally appeared Seaboard Corporation, its General Partner, by and through Brian M. McCoy, known or identified to me to be the President of Seaboard Corporation, the corporation that executed the within instrument, and known to me to be the person who executed the within instrument on behalf of said corporation and acknowledged to me that such corporation executed the same. ,asaee~ ~ WI ~ I have hereunto set my hand and affixed my off cial seal the day and year i h`rtifica rst ove written. j ~ .~ ~~ s~ ~,~,~ p ~ Notary Public fb~daho ~~ .w~ ~ J ••000,91,°•••e. ~~. Residing at .•~~,~ ~ I ~ ~ ,- B -, , . '••e..__~~ ~.a~~ Commission Expires: ~ ~.. %'= -~- ~~~~ LICENSE AGREEMENT AND GRANT OF EASEMENT - 10 license-agrmt-10700 MAY- 8-00 MON 3.36 PM SEABOARD sTa~rE of 1DAI~TO ) ss, County of Ada ) FAX N0, 208 726138 P, 13 On this ~ day of Januazy, 2000, before me, ,the undersigned Notary Public in and for said state, personally appeazed Vicki Keen, known or identified to me to be the Secretary of Settlers Irrigation District, the person who executed the instrument on behalf of Settlers Irrigation District, and acknowledged to me that Settlers Irrigation District executed the same- IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. r'~~•'~~vDAx~tr o~~~ r~ M ~°T'~r ~~+ * ~UBL1G O' L~°'~y ~$ OP ~9~ Residing ~ Commission LICENSE AGREEMENT AND GRANT Or' EASEMENT - 11 license-agrmt-10700 MAY- 8-00 MON 3:37 PM SEABOARD.., FAX N0, 208 726,,..1.,138 P, 14 f , : , . ..:.,.,, .:, ~. , ... . - ~ ,. ,, ~~~~ .:~~ .~ ~~ ,~ 4 a~ 7 . 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I . , ~ • ' a I 5.': ~ 1 ~I ~ ~~,~ q~ ~~ _~ I a .y,.. :~ ~ ~ ^ ~ ~o i i ;'~ ,) I'1^ ~ ~ ~ " ~s Re "~ i ' r . I A: il~,. .- .. ,-.__.~.- ___ e' -_- ' !I '~ ,~ J ~ ih 1b~^ AN I^ ~ o~W .l .$~yy~~ PTV re a G _I 4 o& o r ,p >, b ~ ~* I ~ A ^. A ., ;. py a ~: 9'1~3~;` ~ ~ , ~„ ~' , 5 °, O ~ ~ ~ om' '''' ~.~.~ ~ - ? ;;_ F' . a ~ c~ Z m _ _ _ i ~ ) . 1~ V ? J, ) N ~(J "::~ i'i P. 1 ~r N ~IA'.':i'):I~~f 1 r }7pp ~: '~"~ 4~1e ~ ~ .~ in~ ~ ~ ~~,~ n _~~ n fl w`c~ ""~ - '_ ~ C c v ~`,, S J EXHIBIT B 208 72138 - -MAY- 8-00 MON 338 PM SEABOARD^ FAX N0. 208 726 1138 P, 16 r Rug ~ - ~~' ~ GIYta l i vCCK~ r Hn iVU. GYJb ,~ele-'7l'J r b ~'n. 24 2db~! X18: 38AM P2 ~~,,~ ay: GyM tN(iliVt6~Fi; 12tS~/3411tldy; Jan 7 d0 .3$Ahl; Papa 2/5 settler's IR1,ttWtiu» Distri cc Baeoment peeoription Att vaaem~at located it A pordon oC1.4t 7, Bloalc 9. "Golt~/iew Eetr~tee Nu. 5 Subd+vision", Apia County. Idaho; beiag nzon+ partienlariy cksacibed su follow-~: Comrn~s+roitlg at the rnosi Boutlurly oQrtler of said Lot 7, Thecae North 7'1°32' 13" Wear, t 3.30 feet along the 9ctuhetly bawtdedY of ~tid I,bt 7 to Tl~ REAL POINT OF ~EGTNNING. Thence continuing North 77°32' 1 ~" Wcat~ X4.14 feet alostg the 8outlsarly bousc~ry of said Lo! ~. 1'heacC North S7°27'48" Ea9t, 27.Q? foot. Thence South 32°32' 14" Banc, 10.00 feet, 'Thence South 57°21'46" West. 17.07 $eet to THFi REAL p01NT OF EHQiNNQ~TG. ss~•oz EXHIBIT C ' ~ - MAY- 8-00 MON 3:39 PM SEABOARD FAX N0, 208 726138 P, 17 _ r fCUI'I ~. rrll ~ i CIVU L 1 VCCi[J r ran i vU. ciao moo-~ e, r e A(1. ~-r GYJYJrJUb: J7N('I I'',S .. - 13'~^t By: ECM oNGI'VEEaS~ i~0A73d®OdO~ Jan•?-UO tf;36AN; Page 3Jo ?r.sa; ~,~, . N77~3~~13"w ~_ w ~ l ~ ~~ ~~•~~ ~ ti~ ~~ .,. ,• . :;, ,+ '~` 1 ~ ~ r w EXH1B(T D ~~ _. ~~E~I~ ~I~Q o 00~~ ~~ ;~~ ~ ~ Zaoo ZO!1~T>I~'~' P.O. Box 3510 • Ketchum, Idaho 83340 • (208) 726-1 133 • Fax: (208) 726-1 138 May 15, 2000 VIA FAX 208-888-6854 Ms. Shari Stiles Planning and Zoning City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: Golfview No. 2 -Phase 5 Dear Shari: Our cul-de-sac was paved on Friday, and we expect to be complete with the balance of paving by either today or Tuesday. The perimeter fence along our northern perimeter canal (chain link), is 90% complete as of this morning, and I anticipate completion later this afternoon or Tuesday. Temporary road signs wil! be installed tomorrow, and I am advised by Cheryl that all other sign-offs for issuance of building permits have been are received, except for fencing. With regard to the issue of perimeter fencing along the south border of phase 5, I'd like to resolve this with you ASAP. Since talking with you, I went back and reviewed my entire file and could find no requirement or even mention of temporary or permanent fencing in: a) any of the hearing minutes, or written approvals; b) any subsequent documentation, such as the Development Agreement/ Release of Development Agreement; c) no mention/reference at the construction pre-conference as a requirement; d) not a requirement in our agreement with Settlers Irrigation. Ms. Shari Stiles May 15, 2000 Page Two Additionally, as you know, this was not a requirement or even came up with the final approval of phase 4 for building permits last year. Lastly, I reviewed the plat, which was recorded several years ago. Although there is specific language requiring a fence along the northern border (which we have just installed), there is no mention of any fencing required along the southern border. In fact, the plat notes contain a specific prohibition against any fencing being installed along the irrigation/bike path/utility easement that is within our plat along our southern border (see Note #13). For something as substantial an expense item as perimeter fencing (over 1,000 fit.), it seems only fair to have had it included as one of the many notes on this plat and on all future plats in the city. Elsewhere among the plat notes and among the approved construction plans are other requirements that must be met by developer or builder prior to issuance of building permit, but not a south perimeter permanent fence. Due to the Golfview Fencing Standard Requirements contained in the CC&R's/Design Guidelines, the cost for this fence will approximate $13,000-$15,000. For the above reasons, I ask you to reconsider your position for this final phase, as you go back and review the files, as you indicated you would do last week. However, I am also concerned with trash migration by builders not properly cleaning their sites during construction, and although we were not required to do this in my previous phases at Golfview, I would be willing to immediately install the orange temporary fencing along the southern border (lots 7-14/Block 9), if this would be satisfactory to you, given the circumstances, so that building permits can be issued. This fencing would remain up until the completion of all construction along this southern portion of this plat. I'll look forward to your reconsideration of this permanent perimeter fencing requirement along the south border of phase 5 at your earliest convenience. Thank you very much Sincerely, Brian M. McCoy President SETTLERS' IRRIGATION DISTRICT P.O. BOX 7571 • BOISE, IDAHO 83707 PHONE 344-2471 October 8, 1999 EHM Engineers Rick Morrow 621 North College, Suite 100 Twin Falls, Idaho 83301 Re: Golfview Estates #5 Dear Mr. Morrow: ~~~~y UCT 1 3 -,, ~ ~~,. This is to confrrm that Settlers Irrigation District will not allow any construction to begin on the tiling of our South Side canal until the License Agreement has been executed and recorded. If you have any questions regarding this matter, please phone me at 343-5271. Sincerely, ~~ Nathan Draper, Manager Settlers Irrigation District Cc: City of Meridian/Shari Styles CENTRAL •+~ DISTRICT ~ ~ ~~~~~ ~ p ~~.~ DEPARTMENT MAIN OFFICE • 707 N ARD~ISiRONG PL • 3QISE, iD~3ied-0825 • r2C5i 375-021 i,• ~~A~' 327 8500 u proven[ and lrorn drserSC anal d~udN1Fly; rn prrunure neu ! n• r asn• rs: un~ ro prn ecr une prnnur/r ! u ~ru ! r unr yuu i r u ~nir ornvrunnrrnl 99-767 September 17, 1999 REcE~D SEP 2 0 1999 CITY OF MERIDIAN Ada County Recorder ATTN: David Navarro 650 Main Street Boise, ID 83702 RE: Golfview Estates #5 Subdivision Dear Mr. Navarro: Central District Health Department, Environmental Health Division has reviewed and does approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given on September 15, 1999. No lot size may be reduced without prior approval of the health authority. If you have any questions please call. Sincerely, ~~ d~f Michael H. Reno Senior Environmental Health Specialist Cii De~a~Lii~C :., Ci FiG;.'tSii:~ GP_~ lJ'~','JG.~ D2V°~^L i:'.e:lt City of Meridian Golfview Associates Limited Partnership EHM Engineers, Inc. MR/bm .Serving ~crllev, Elmore. Boise, and Ada C'o«nties Ada /Boise County Office 707 N. Armstrong PI. Boise, ID 83704 Enviro. Health: 327-7499 Family Planning: 327-7400 Immunizations: 327-7450 Senior Nutrition: 327-7460 WIC: 327-7488 FAX: 327-8500 Ada-WIC Satellite Office 1606 Roberts Boise, ID 83705 Ph. 334-3355 FAX: 334-3355 Elmore County Office 520 E. 8th Street N. Mountain Home, ID 83647 Enviro. Health: 587-3521 Family Health: 587-4407 WIC: 587-4409 FAX: 587-3521 Volley County Office 703 N. 1st Street PO. Box 1443 McCall, iD 83638 Ph. 634-7194 FAX: 634-2174 ~~~-{ i r~ia & ~~~ua'ia~ ~Ifinigatcoc~ Z~iatntct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 September 10, 1999 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Rick Morrow, P. E. EHM Engineers, Inc. _ 621 North Cdlege, Ste 100 ~~~~~ ~~ ~:~,- Twin Falls, ID 83301 ~;-, Re: Request for Addendum to License Agreement for Golfview Estates ~Iwau~l~~, Subdivision/Relocation of Sewer Line Nv.S ~-~ F F~.--: Dear Mr. Morrow: I recently received the plans to review to above-mentioned project. It appears that you are proposing to install a 10-foot pedestrian bike path within the easement of the Safford Lateral. path is removed from the plans. The District does not allow any bike paths on our laterals unless the facility has been piped and we have a license agreement with the appropriate county, city or state agency. Once the District receives a new set of plans, you will need to contact the District's attorney, Mr. Bryce Farris at 342-4591 and ask that he prepare an addendum to the license agreement for Golfview Estates Subdivision. Please feel free to contact me if you feel further discussion is required. Sincerely, John P. Anderson, Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT JPA:dIn Cc: File Each Director Secretary-Treasurer Asst. Water Superintendent Ringert Clark Chartered -Bryce Farris Sharp & Smith -John Sharp City of Meridian -Gary Smith -! ~~r.rCG i ...m _ ..~ Rrerc c. ...,. ~ ...G~:..-.. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 M E M O R A N D U M To: Gary Smith and Shan Stiles From: Wm. F. Gigray, III Subject: RELEASE OF NON-DEVELOPMENT AGREEMENT GOLFVIEW #4 Date: February 10, 1998 Ct/u--~- ~~~-- ~~ ~ ~~~ Gary and Shari: Please find attached to this memo a copy of a letter to Will. Berg from Brian McCoy, President of Seaboard. They have requested a Release of the Non- Development Agreement on Golfview #4. I have prepared that Release and need to know if you have any objections or comments to their request. Please advise. ms~~D:W1vFiles'V~1eridian Cirv Fiie'~GIGRr1Y NIEVIOS\Smich S~iles on Release on Non-Dev Agnu for Golfview w=?.+vpd ~ s~~ ~ D~L~'D P.~3. Box 3510 • Ketchum, Idaho 83340 • (208) 726-I 133 • Fax: (208) 726-1 138 ~~~~~~~ January 20, 1999 , A r~ 2 5 1999 CITY OF 1~I.~~~IDL~:'V Mr. William G. Berg, Jr. Via Fax and Mail City Clerk City of Meridian 33 E. Idaho Ivieridian ID 83642 Re: Release ofNon-Development Agreement for Golfview No. 4 Dear Mr. Berg; We are the developer of Golfview No. 4 Subdivision and are gregaring to convey our fizst lot in that subdivision (Lot 1 aBlock 7) to a builder. We just learned from the title company that tlae old Non-Development Agreement for Golfview Estates No. 4 Subdivision is still of record_ It is my understanding that the release of the Non- Development Agreement for GoIfview Estates No. 4 was approved by the City Council at a meeting of the Council held in July 1997, and have attached minutes of same. At your earliest convenience: I request that the City prepare a Release of the Non-Development Agreement for Golfview No_ 4 Subdivision (Golfview No. SNon-Development Agreement still in place), so that I can convey this lot free and clear of this restriction. please call inc ASAP if you have any additional questions. Thank you. Sincerely, Brian McCoy President Encl. cc; Bill Gigray, City Attomcy i i, Y RELEASE OF NON-DEVELOPMENT AGREEMENT The Non-Development Agreement entered into by and between GOLFVIEW ASSOCIATES, an Idaho Limited Partnership, whose address is 180 Telemark, Ketchum, Idaho 533=I0, and the City of Meridian, a municipality of the State of Idaho, acting by and through its Council Members, as filed for record in the office of the Ada County Recorder as Instniment No. 96051509, on the 20``' day of June, 1996, is hereby released and revoked, the provisions thereof are no longer binding on the parties thereto, and the time for development of Golfview #=I construction as required by the Ordinances of the City of Meridian, shall commence on the 1" day of July, 199 % . SEABOARD CORPORATION, GENERAL PARTNER OF GOLFVIEW ASSOCAITES CITY OF MERIDIAI~1 Brian vlcCov, President Robert D. Corrie, ~Iavor ATTESTED William G. Berg, Jr., City Clerk :~ -~ ACIQVOWLEDGMENT STATE OF IDAHO,) County of Ada, ss. On this day of 1999, before me, the undersigned Notary Public in and for the State, personally appeared Brian McCoy, known or identified to me to be the President of Seaboard Corporation, General Partner of Golfview Associates, Ada County, State of Idaho, and acknowledged to me that he executed the above instrument for and on behalf of said corporation, and acknowledged to me that said Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. SEAL STATE OF IDAHO, ) County of Ada, ss. NOTARY PUBLIC FOR IDAHO Residing at: My Commission Expires: On this day of , in the year 1999, before me, and William G. Berg, Jr., known or identified to me to the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument on behalf of said City, and acknowledged t o me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affi.Yed my official seal, the day and year in this cenificate first above ~~7itten. SEAL Notary Public for Idaho Residing at: Vlv Commission expires: msg'~D:VMvFiles~Meridian Cicv File~~~greemenr~RELE.~SE OF VON-DEVELOPMENT .-~GREEME~IT GOLFVIEb'V ~4.w•pd ~~cE~D FEB ' 0 1999 MEMORANDUM ~;ITI' o~~ ~lEI~,1DIAN l~1ING To: Gary Smith and Shari Stiles From: Wm. F. Gigray, III Subject: RELEASE OF NON-DEVELOPMENT AGREEMENT GOLFVIEW #4 Date: February 10, 1998 Gary and Shari: Please find attached to this memo a copy of a letter to Will Berg from Brian McCoy, President of Seaboard. They have requested a Release of the Non- Development Agreement on Golfview #4. I have prepared that Release and need to know if you have any objections or comments to their request. Please advise. msg\D:\MyFiles\Meridian City File\GIGRAY MEMOS\Smith Stiles on Release on Non-Dev Agmt for Golfview #4.wpd RELEASE OF NON-DEVELOPMENT AGREEMENT The Non-Development Agreement entered into by and between GOLFVIEW ASSOCIATES, an Idaho Limited Partnership, whose address is 180 Telemark, Ketchum, Idaho 83340, and the City of Meridian, a municipality of the State of Idaho, acting by and through its Council Members, as filed for record in the office of the Ada County Recorder as Instrument No. 96051809, on the 20`'' day of June, 1996, is hereby released and revolted, the provisions thereof are no longer binding on the parties thereto, and the tune for development of Golfview #4 construction as required by the Ordinances of the City of Meridian, shall commence on the 1 S` day of July, 1997. SEABOARD CORPORATION, GENERAL PARTNER OF GOLFVIEW ASSOCAITES Brian McCoy, President CITY OF MERIDIAN Robert D. Corrie, Mayor ATTESTED: William G. Berg, Jr., City Clerk ACKNOWLEDGMENT STATE OF IDAHO,) County of Ada, ) ss. On this day of , 1999, before me, the undersigned Notary Public in and for the State, personally appeared Brian McCoy, known or identified to me to be the President of Seaboard Corporation, General Partner of Golfview Associates, Ada County, State of Idaho, and acknowledged to me that he executed the above instrument for and on behalf of said corporation, and acknowledged to me that said Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. SEAL STATE OF IDAHO, ) County of Ada, ss. NOTARY PUBLIC FOR IDAHO Residing at: My Commission Expires: On this day of , in the year 1999, before me, and William G. Berg, Jr., known or identified to me to the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instntment on behalf of said City, and acknowledged t o me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. SEAL Notary Public for Idaho Residing at: My Commission expires: msg~D:WlyFilesWleridian City File~Agreement~RELEASE OF NON-DEVELOPMENT AGREEMENT GOLFVIEW ~4.wpd ~~~ ~~~~~ P.tJ. Box 3510 • Ketchum, Idaho 53340 • (208) 726-1133 • Fax: (208) 726-1 138 1 ~~cE~~ January 24, 1999 Via Fax and Mail Mr. William G. Berg, Jr. City Clerk City of Meridian 33 E. Idaho Meridian ID 83642 Re: Release of Non-1evelopment Agreement for Golfview No. 4 ,Ara 2 5 X999 CITY OF 1~II;JI~IDIA'V Dear Mr. Berg, We are the developer of Golfview NQ. 4 Subdivision and are preparing to convey our first lot in that subdivision (Lot laBlock 7) to a builder. VVe just learned from the title company that the old A1on-Development Agreement for Go}fview Estates No. 4 Subdivision is still of record- It is mo 4 was~andin ~ ~yt~c City Council at a n_ Development Agreement for GoIfv~ew Estates N pPr meeting of the Council held in July 1997, and have attached minutes of same. At your earliest convenience= I request that the City prepare a I2-elease of the Non-Development Agreement for Gotfiriew No_ 4 Subdivision (Golfview No. SNon-Development Affeement still in place), so that I can convey this lot free and clear of this restriction. Please call me ASAP if you have any additional questions. Thank you. Sincerely, Brian McCoy president Encl. ec; Bill Gigray, City Attorney r.~ MERIDIAN CITY COUNCIL AGENDA TUESDAY, JULY 1, 1997 - 7:30 P.M. CITY COUNCIL CHAMBERS MINUTES OF SPECIAL MEETING HELD JUNE 16, 1997: / MINUTES OF PREVIOUS MEETING HELD JUNE 17, 1997: J1. TABLEO JUNE 3, 1997: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST FOR ASHFORD GREENS SU801VISION BY BRIGHTON CORPORATION: f2. TABLED JUNE 3, 1897: ORDINANCE #760 -COMMISSIONS, BOARDS, COMMITTEES: ~3. TABLED JUNE 3, 1997: ORDINANCE ~ #761 - TRAFFIC SAFETY COMMISSION: ~4. TABLED JUNE 17, 1887: REQUEST FOR A REZONE OF APPROXIMATELY 9.42 ACRES FROM R-4 TO R-15 BY LORIN SAUNDERS: f5. TABLED JUNE 17, 1997: REQUEST FOR ANNEXATION~AND ZONING OF APPROXIMATELY ONE ACRE TO R-15 8Y LARRY 8 KAY HANSEN: '~. AMENDED ORDINANCE #764 - PACKARD SUBDIVISION NO. 2 ANNEXATION: ~?. TABLED JUNE 17, 1997: REQUEST FOR A PRELIMINARY PLAT FOR PACKARD SUBDIVISION N0.2 8Y PNE/EDMOND3 CONSTRUCTION: 18. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REQUEST FOR REDUCTION OF .FRONT AND SIDE STREET SETBACKNBY A'a LLC: '~~• FINDINGS OF FACT AND CONClU5lONS OF LAW FOR CONDITIO PERMIT FOR A CAR WASH WITH FUEL FACILITIES BY STEVEN BAINBRIDGE: X10• FINAL PLAT AND DEVELOPMENT AGREEMENT FOR MEDIMONT SUBDIVISION NO. 1 BY PROPERTIES WEST INC,: '~1 ~. REQUEST FOR A CONDITIONAL USE PERMIT FOR A TRUCKING 8Y DQNOVAN BROTHERS COMMERCIAL CONSTRUCTION: TERMINAL P.3 A-p~~~ \ ~2. REQUEST FOR RELEASE OF N - GOLF VIEW ESTATES N0.4 SUBDIVIS10NvELOPMENT AGREEMENT FOR 13. LEASE AGREEMENT WITH RED CANYON: 14. WATER/SEWER/TRAS}~ DELINQUENCIES: 15. APPROVE BILLS: • ~ 6• DEPARTME~ REPORTS: A• GARY SMITH, CITY ENGINEER: 1- ASHFORD GREENS LIFT STATION STATUS REPORT; 2• ASHFORD GREENS LIFT STATION CHANGE ORDER: B. WAYNE CROOKSTON, CITY ATTORNEY: 1 • LATE COMERS AGREEMENT WITH DAVE LEADER, IDAHO ATHLETIC CLUB AND CITY OF MERIDIAN: C• WILL BERG, CITY CLERK 1. STREET LIGHT AGREEMENT WITH STEINER DEVELOPMENT'; e,-~~ co~d~e,~ ~ ~~. - «-ag 14. REQUEST FOR CONDITIONAL USE PERMIT FOR ROARING SPRINGS A FAMILY WATER PARK BY REED J. BOWEN, JR -SOUTH OF I-84 & WEST OF HIGHWAY 69: (APPROVE FINDINGS -ACCEPT RECOMMENDATION OF P & Z -APPROVE CUP) 15. REQUEST FOR AMENDMENT OF INTERSTATE CENTER NON DEVELOPMENT AGREEMENT: (APPOVE) 16. REQUEST FOR A TIME EXTENSION FOR DAKOTA RIDGE SUBDIVISION BY STEINER DEVELOPMENT LLC: (APPROVE ONE YEAR EXTENSION) 17. REQUEST FOR BUILDING PERMIT FOR GOLFVIEW NO. 4: (APPROVE W/ CONDITIONS) 18. DISCUSSION OF AMENDMENT TO GOLFVIEW #5 NON DEVELOPMENT AGREEMENT: (APPROVE ONE YEAR EXTENSION) 19. DEPARTMENT REPORTS: A. GARY SMITH: TABLED DECEMBER 1, 1998: LICENSE AGREEMENT WITH NAMPA MERIDIAN IRRIGATION DISTRICT FOR SEWER LINE CROSSING ON VAN AUKER SEWER PROJECT. (APPROVE) 2. DECLARE EMERGENCY -DRILLING OF WELL #18. (APPROVE) 3. REQUEST TO RETAIN ZGA ARCHITECTS FOR SCHEMATIC DRAWING FOR MUNICIPAL CENTER. (APPROVE W/ PROVISIONS) 4. AWARD OF CONTRACT /WATER DEPT. PARKING GARAGE. (APPROVE CLEARY B UILDING CORP FOR $41,756.00) 5. BID RESULTS FOR GOVERNMENT UTILITIES BILLING SYSTEM. (TABLE UNTIL JAN. 5, 1999) B. RESOLUTION #208 -ESTABLISH INVESTMENT. (APPROVE) Meridian City Council Meeting December 15, 1998 Page 52 Rountree: Mr. Mayor I make a motion that we have Counsel prepare the necessary order to indicate approval of time extension for Dakota Ridge Subdivision to December 16, 1999, one year extension and authorize the Mayor to execute that document. Bird: Second. Corrie: Motion made by Mr. Rountree and second by Mr. Bird to extend the time extension of Dakota Ridge Subdivision according to the motion. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. 17. REQUEST FOR BUILDING PERMIT FOR GOLFVIEW NO. 4: Corrie: Shari, do you know anything about this one? Bird: Gary does. Smith: Mr. Mayor and Council, typically we've been requesting more improvements be made to the subdivision before building permits be issued. This applicant has requested a building permit with the road base in and I thought I had a note from my staff concerning the water system out there, but I don't seem to see it. The water system has be active to where the fire hydrants are available for fire protection. Those were minimums that we had established some time ago, here it is -fit run has been installed. This is as of December the 10th. Fit run has been installed. No 3/ inch gravel had been installed at that time. The sewer line was to be pressure tested on the 11th of December. Water system has been tested and sampled, but has not been activated as of that date. As of today, I don't know what the status of that is. But the very minimums that we established several years ago was that number we had to have a gravel road base that would support a fire truck. We had to have a water system that was active and a fire hydrant available for fire protection. Those were two very minimum. We also established that they needed temporary street signs so that the fire department, police department, medical people would know where they were going once they got in the subdivision. Those were absolute minimums. Since that time because of problems that we did incur we've upgraded the improvements just kind of as an internal policy almost to the point where roads are paved. Those things are all done, but this applicant is requesting that a building permit be issued for this subdivision. A little contrary to what our existing standards are, and so we didn't feel comfortable with that based on what we've been requiring other developers and that's why we sent them to City Council. Rountree: The applicant is here if you want to ask him any questions. Meridian City Council Meeting December 15, 1998 Page 53 Bentley: I'm not very comfortable with issuing this permit without the basic safety needs there. This is going to be a parade home or a show home and we're going to have these problems with construction going on there and the need for the safety I think has got to be there. Corrie: I guess I'd like to have a little clarification. I think the Council would too. Martins: Thank you Council and Mayor. My name is Gerald Martins. I'm here representing the applicant, the developer of Golfview Subdivision this evening, and we concur with all the requirements with the exception of the 3/ inch gravel. We do have the pit run gravel in. We would agree to have the water system activated, the temporary signage. We'd be glad to put in the 3/ inch gravel except ACHD in freezing conditions requested that it not be put in. This project got behind schedule because of the waiting on the utility companies this fall. We waited about 30 days. Idaho Power is way behind this fall. We're asking for one lot. It's only to allow a parade home to start. We would agree to work with the staff to make sure we do have the all weather road in. The water system is activated, the signs are installed, all of the conditions. I believe the only thing on the list we received we're asking fords the 3/ inch gravel. And we would even agree to put in temporary 3/4 gravel, but you have a foot of pit run gravel in there, and it will support a fire truck and we will work with the fire department to make sure that they were comfortable with what was there prior to the application for the building permit. We will -the contractor will move back on the site just as soon as conditions allow it in early spring and obviously we completed the roadway we totally complete it before we would request an occupancy permit for this home. Thank you. Corrie: Any further discussion? Rountree: We have in the past acted favorably on these with some pretty specific restrictions and I think Gary has indicated what those were and Mr. Martins can run down what the city has told him they need. My concern with the road is that it not only support the fire truck but it pass emergency vehicles so it would have to be graded to a certain specification. Beyond that if we were to further condition that we would not entertain any further building permits nor would we allow occupancy of this building until such time as all the improvements are done. I wouldn't have a problem with this request. Anderson: Mr. Mayor a few Danbury Subdivision a house under construction a painter applying lacquer thinner, static electricity set off a spark that caused one fatality. There was numerous ambulances, fire trucks, life flight brought. I think it is a life safety issue and I don't think just applying some pit run is going to suffice if a major incident did happen there, and I think if you make an exception in one case, there is going to be herd of them and I would not be in favor of granting an exception in this case. Meridian City Council Meeting December 15, 1998 Page 54 Rountree: I would have a question of Ron. Would the 3/4 temporary 3/ on top of the pit run accommodate your concerns in that aspect or what was -- I remember the Danbury deal, but I don't remember the particulars. Were they just not (inaudible) access that side? Anderson: Well they had the roads in and they accessed, but I'm giving you that as a particular in case. It's not just a single fire truck pulls in there in case of a major emergency like that. So just creating a small access corridor to get a vehicle in there, there could be three or four fire trucks parked around there. There could be a couple of ambulances and things like that. The problem and why ACHD doesn't allow the road (inaudible) is because the moisture content and freezing. It's impossible to get the compaction that they desire and without the compaction there we got a problem with fire trucks not being in the access and graded pit run even if it's rolled, is still very rough and doesn't compact well enough to support the weight of a 30,000 pound fire truck. Corrie: Any other comments? Smith: Mr. Mayor I don't which lot it is that they're wanting to apply for a building permit. Lot 24? Okay that's the one at the other end of Red Grass Court. Is that correct? Lot 24, block 7 Gerald, is that right? Okay. I'll bring this plat up. Martins: (Inaudible -off the microphone) They're concerned about the lack of compaction on the base not the pit run. It's the sub-base beneath it that we would have to peal it back off and recompact it in the spring. And the comment to the one comment. The road is constructed to full width. It's not anarrow - (inaudible -off the microphone) Anderson: Kenny, comments? Bowers: Mayor Corrie and Council, Councilman Anderson, this is the first thing that I had heard about it tonight so I hadn't looked at it before, but we had this pit run problem at Park Creek when it was being built. Trucks got buried out there just from the pit run. So I would think we are probably going to have to have the 3/4 rock. That looks like it's quite a ways in so maybe what he had just suggested possibly that temporary might get us by. Anderson: Have you seen these maps on the temporary through lot 6? Would you like to review them and see if that would be something that would be satisfactory? It looks like a short distance that way. Bowers: Yes. Anderson: It's 25 or 24 where you'd be building? Meridian City Council Meeting December 15, 1998 Page 55 Bird: How big a house? How many square foot? (Inaudible) Corrie: Any further discussion? Anderson: Mr. Mayor in light of the new information that was presented and the advice from the fire chief I would be amenable to an access road across lot 6 for this particular situation. Rountree: Is that a motion? Anderson: I would make it in a motion. Rountree: Second. Corrie: Motion is made by Mr. Anderson second by Mr. Rountree to allow the building permit on Golfview No. 4 lot 24 with the recommendations as stated by the staff and the applicant. Any further discussion? Bird: Mr. Mayor is ACHD going to allow an access road through that lot? Corrie: Do they have a choice on that Gary? Bird: I don't know that I'm asking the question Smith: I think Mr. Mayor and Councilman Bird and Council, I think it would just be a private access that the developer would have to construct and then he would have to take it out. I'm assuming of course is an undeveloped lot that exists still in that adjacent subdivision. Corrie: Any further discussion? Hearing none all those in favor of the motion say aye. MOTION CARRIED: All ayes. 18. DISCUSSION OF AMENDMENT TO GOLFVIEW #5 NON DEVELOPMENT AGREEMENT: Corrie: I think Shari - in reading Mr. Gigray's report here asking input of the Planning and Zoning Director, Public Works Director as to the merits and advisability of the request. C ~~~ C.o~~.~<< ~a~~s -9~ 14. REQUEST FOR CONDITIONAL USE PERMIT FOR ROARING SPRINGS A FAMILY WATER PARK BY REED J. BOWEN, JR -SOUTH OF I-84 & WEST OF HIGHWAY 69: (APPROVE FINDINGS -ACCEPT RECOMMENDATION OF P & Z -APPROVE CUP) 15. REQUEST FOR AMENDMENT OF INTERSTATE CENTER NON DEVELOPMENT AGREEMENT: (APPOVE) 16. REQUEST FOR A TIME EXTENSION FOR DAKOTA RIDGE SUBDIVISION BY STEINER DEVELOPMENT LLC: (APPROVE ONE YEAR EXTENSION) 17. REQUEST FOR BUILDING PERMIT FOR GOLFVIEW NO. 4: (APPROVE W/ CONDITIONS) 18. DISCUSSION OF AMENDMENT TO GOLFVIEW #5 NON DEVELOPMENT AGREEMENT: (APPROVE ONE YEAR EXTENSION) 19. DEPARTMENT REPORTS: A. GARY SMITH: TABLED DECEMBER 1, 1998: LICENSE AGREEMENT WITH NAMPA MERIDIAN IRRIGATION DISTRICT FOR SEWER LINE CROSSING ON VAN AUKER SEWER PROJECT. (APPROVE) 2. DECLARE EMERGENCY -DRILLING OF WELL #18. (APPROVE) 3. REQUEST TO RETAIN ZGA ARCHITECTS FOR SCHEMATIC DRAWING FOR MUNICIPAL CENTER. (APPROVE W/ PROVISIONS) 4. AWARD OF CONTRACT /WATER DEPT. PARKING GARAGE. (APPROVE CLEARY B UILDING CORP FOR $41,756.00) 5. BID RESULTS FOR GOVERNMENT UTILITIES BILLING SYSTEM. (TABLE UNTIL JAN. 5, 1999) B. RESOLUTION #208 -ESTABLISH INVESTMENT. (APPROVE) Meridian City Council Meeting December 15, 1998 Page 55 Bird: How big a house? How many square foot? (Inaudible) Corrie: Any further discussion? Anderson: Mr. Mayor in light of the new information that was presented and the advice from the fire chief I would be amenable to an access road across lot 6 for this particular situation. Rountree: Is that a motion? Anderson: I would make it in a motion. Rountree: Second. Corrie: Motion is made by Mr. Anderson second by Mr. Rountree to allow the building permit on Golfview No. 4 lot 24 with the recommendations as stated by the staff and the applicant. Any further discussion? Bird: Mr. Mayor is ACHD going to allow an access road through that lot? Corrie: Do they have a choice on that Gary? Bird: I don't know that I'm asking the question Smith: I think Mr. Mayor and Councilman Bird and Council, f think it would just be a private access that the developer would have to construct and then he would have to take it out. I'm assuming of course is an undeveloped lot that exists still in that adjacent subdivision. Corrie: Any further discussion? Hearing none all those in favor of the motion say aye. MOTION CARRIED: All ayes. 18. DISCUSSION OF AMENDMENT TO GOLFVIEW #5 NON DEVELOPMENT AGREEMENT: Corrie: I think Shari - in reading Mr. Gigray's report here asking input of the Planning and Zoning Director, Public Works Director as to the merits and advisability of the request. Meridian City Council Meeting December 15, 1998 Page 56 Stiles: Mr. Mayor and Council, I don't have any particular concerns with this. I would think that we would set it at least at the December 2000 and not through to 2001. If they wanted to approach Council again in 2000, probably should decide it at that time. (Inaudible) Corrie: Mr. Smith, any comment? Smith: No, Mr. Mayor I don't have a comment, thank you. Corrie: Any other discussion on item number 18? Hearing none, I'll entertain a motion on the - I guess it's just a discussion. I guess you can - Bentley: We're going to need a motion. Bird: We need a motion on the amendment to the extension don't we? Bentley: Mr. Mayor I would move we approve the one year extension of Golfview non development agreement No. 5 as prepared for us by Counsel dated 12/15. And with the attached resolution and authorize the Mayor to sign and clerk to attest. Bird: Second it. Corrie: Motion made by Mr. Bentley second by Mr. Bird to approve the amendment to Golfview No. 5 non development agreement as stated in the motion. Any further discussion? Hearing none, all those in favor of the motion. MOTION CARRIED: All ayes. 19. DEPARTMENT REPORTS: A. GARY SMITH: TABLED DECEMBER 1, 1998: LICENSE AGREEMENT WITH NAMPA MERIDIAN IRRIGATION DISTRICT FOR SEWER LINE CROSSING ON VAN AUKER SEWER PROJECT. Smith: Thank you Mr. Mayor, council members, the first agenda item for this evening is a license agreement between the City of Meridian and Nampa Meridian Irrigation District for the sewer line crossing for the Van Auker Sewer Project of the Evans Drain, which is a drain that we have discussed on a previous project this evening. The license agreement was originally submitted to me and upon my review I found a inconsistency To: Sheri Stiles, Planning and Zoning Director Gary Smith, Public Works Director ` From: Bill Gigra{y, City Attorney Date: 12-1-98 Re: Go-lfview (#5) Seaboard Corporation, General Partner of Golfview Associates, T,imited Partnership Nondevelopment .Agreement dated May 7th, 1996. Please find with this memo a copy of a letter that was faxed to me by Mr. Brian McCoy wishing a 1 year extension on phase 5 to allow completion of phase 4. I request your review and comment. Recommended action: If you disapprove of the requested extension: I shall. notify Mr. McCoy immediately and advise him he will have to make a motion before the council to request that extension. If you approve the requested extension I will then ask that the matter be placed on the City Council meeting for the 15th of December. We will prepare the necessary addendum to the contract. I await your response. ri~~~b~ ~ y~~ I'~4~~'iI 4:1 ~ FPu~ SE~EC!~!kD ,~ ~~~ ~~~~ ~} FAX COVER SHEET P.O. BOX 3510 KETCMUM, ED 83340 (208j 726-9134 HAPPY HAWN (208) 726.1938 FAX (248) 726-1133 BRIAN McGOY (20Bj 726-1108 LOR! TURNER To ~% 1 ~ t~Ig day From ~1'?~ ~ CC: lI Date tr J~~~~ Fax number , j~~ ~ ~~~ Reply ASAP ~ For your action '~ For your information [~ Will fo!!ow by ma!! ~ Wiil not fo!!ow by mat! Tate! geg~, including cover: ~- COMMENTS..,. ~~r... ~..~~c..... r~........~..._.....h~,~,~.~.r!! .................. ~....~'„rc.!1~~.f........................... ....1 ~.........,~......~.......~...... . .... r. P~.I~.~~' - ~~ ('~- 4 ^ I~~;~IC!P`~I ~ :1 ? pp~u~ $ E ~ F,,u; a F~ L, F a . P~i ~~.~. ' 0 ~~ "~~ n 11 F'. _ ,. r- ~ , ~ ~~ >-~.. P.O. [3ox 3S1{] • Kctehum. fQuho K334t] ~ {2U8} 72fi-I 133 • f~a~: (2t)H1726.1 1313 November 1 t, 1998 ivu. Wayne Crookston City Attorney City of Meridian 330 Eric Idaho Meridian, ID 83542 KE: GQLFVIEW ~5 NON-DEVELOPMENT AGREEMENT Dear Wayne: My firm is developer of the last phase of Golfi+iew {f~S), ,which phase is aubjeet to a Non- Development Agreement catered into with the City of Meridian dated May 7, 1996 (together with a Non-DevcIopmcnt Agreement on phase 4 of Golfview). I have enclosed a copy of the phase 5 Noa-Development Agreement for your convenieaee. With reference to our phone eoaversation last May, as a follow-up ro my letter to you dated May 8, 2998, I eta ncjuestiag as cxtcusioa of the termination date in the phase 5 Non Developrr,ent Agreement from December 31, 1998 to December 31, 2000, and an cxtensiom of the final date for eompletioa of said subdivision impTOVetttents until December 31, 2001. Impzovements to phase 4 are being iustailed this fall, and weather permitting, fatal road paving should occur in December. We plea to start improvements to phase 5 a8 soap as most of the lots in phase 4 are sold, which hopefully will be in 2 Yeats, or by December of 2000, but it could be delayed unti12001. Accordingly, we would like to request a 2 year extension in the tenniaatien date of rho phase 5 Non- Developmeat Agreement. If you have any questions. please give me a call. Thank you. Siuccrely, r Brian M. McCoy President enclosure ` I.I~~~ 30-98 P.~~~I~I ~:1~ FP,~I ~E.uFG~rRI~ - ~~ I13~' . Fh~' P~.IC~. ?Og ;~ p N EV MENT AGREES T This AGREE_tifENT, made and entered into this 7~da of ~-Q between Golfview Associates, an Idaho Limited Partttership,y whose addres96'tby aBdQ Telemark, Ketchum, Idaho $3340 hereinafter referred to as "DEVELOPER, " and the CITY OF MERIDIA.~~T, a municipality of the State of Idaho, acting by and through its Council 1~'Iembers, hereinafrer referred to as "CITY" . WITNESSETH: WHEREAS, DEVELOPER is curreotiy the Owner of all real property and subdivision lots contained itz Ada County, Idaho recorded as Instrument No. records of Ada County, Idaho; and, WHEREAS, DEVELOPER desires now to withhold development of street, utility and lot improvements and sale of Golfview #5; Lots. 7-14 Block 9 and Lots 4-16 flock 1Q in said Subdivision {hereafter "Undeveloped' Lots") also described on attached Exhibit A: NOW, THEREFORE, in consideration of the mutual covenartu and agreemeou contained herein, the parties of this agreement agree as follows: DEVELOPER, hereby agrees that no improvements will be installed in said Subditi~ision lots as required by the CITY, without the prior written permission of the CITY. If DEVELOPER desires to install. any of the said improvements for said lots, then DEVELOPER shall submit a written request co the CITY which shall contain a detailed description of the limited improvements which are desired and estimated time and cast to complete such improvements. The CITY reserves the right to require: An irrevocable letter of credit, cash deposit, or Surety Agreement in amounts sufficient to secure the full and adequate performance of DEVELOPER, upon such stated improvements and detailed construction plans, if the DEVELOPER desires to sell lots prior to completion of the required improvements. Such Surety deposits will be figured at the prevailing construction costs determined by the CITY. DEVELOPER herein agrees that when developer does desire to develop, the required improvements shall meet the Ciry Standards and Specifications in effect at that time. DEVELOPER further agrees not to sell any of the above referenced lots in said Subdivision during the term of this agreement, or until a new irrevocable Iener of credit or cash depv'it Surety Rgrccmcnt has been issued and delivered to the Ciry, or until the required improvements of said Subdivision are completed in accordance with then current CITY standards and specifications. DEVEL• OPER acknowledges that this Agreement will be recorded with the County Recorder of Ada County, Idaho, to provide public notice to prospective purchasers of the temporary restraint on conveyancing, DEVELOPER agrees to pay the recording costs. At such time as this Agreement, terminates, the City agrees to release DEVELOPER from such restraint, and to duly file and record with the County P~d~~ ~, - 0- y 8 P~q~'~~~P~~ ~ ~ 14 FY~;~4 S EhB 4AR D F r ~. P~~~~~~. ~ 0 g . ,? 6 11 ~ .. P. ~ ~, .~ /,; Recor er of Ada ounry an appropriate release and it is agreed DEVELOPER shall pay the recording cost. DEVELOPER and CITY specif caIly understand and agree that for the purpose of this Agreement, the status of the undeveloped lots in said Subdivision will be as though plats thereof had not been filed. This Agreement is not intended and does not affect CITY requirements heretofore complied with by the DEVELOPER and obtained by said DEVELOPER, except as expressly agreed to and contained in this Agreement. This agreement shall terminate on the 31st day of December 1998; When this agreement terminates, Developer shall have one year to complete development; if development is not completed on the 31st day of December. 1999, approval of the "undeveloped Iots" portion of the plat.. shall be null and void and any further development of the property shall require additional approval; if the developer. does not complete development on or before the above date, City shall record a statemen~ that approval of the plat for the subdivision is null and void and that approval for the "undeveloped lots" portion of the subdivision has been voided and DEVLOPER shall pay the cost of recording. This Agreement shall be mutual to the benefit of, and be binding upon, the heirs, executors, administrators, assistants and successors of the respective parties, IN WITNESS WHEREOF, the DEVELOPER has executed this Agreement ac Meridian, Idaho, the ~ day of ~ 1996. DEVELOPER C1' ~, `~ ~~' '. ~ .tai 1 -,,~ q ~` `~~. CI F MERIDiAi~1 Mayor A T r• ilium G. Berg, Jr. City Clerk p'~'~`` -ij-y~ 1',~f:~PI x:15 F'I',~~ ~E.~BC~.~F'F~ ,- ~. ;- ~~ . i' STATE OF IDAHO) County of .~da ) F::.. P~~~IU~. :'0~~ ~ ?6 11.. ~ F. 5 On ibis ~ day of 1~+ ~` , 199, before me, the undersigned, a Notary Public in and for said County and State, personally appeared g~lAT1 Yn~G~ known to me to be the P~es~d~.~ of ~'PA.boaret ra~~ , ~~ne~.Q ~rl-~.a..~6~r~ol~y;~ !}~,o~the partnership that executed the foregoing grant Casement, and acknowledged to me that he executed the same for and on behalf of said partnerhip, having lawful authority so to do. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ~~ ;•,, :, .. :; 'r ~; ~'r ~'.~SEAII~ ' ~ . , •~_,_,,,1,~ - ,~ . r N Public fo d o Residing at: My Commission Ex es: STATE OF IDAHO) ss. County of Ada ) On this o24'Kday of , 199, before me, the undersigned, a Notary. Public in and for said State, personally a eared Robert D. Come and William G. Berg, Jr. known to me to be the Mayor and City clerk of the Ciry of Meridian that executed this instrument and the person who executed the said instrument on behalf of said City of Meridian, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate fast above written. ,elf lctittiryllf ...., ~~,, G ~" ~ ' +!!!I 9 '• '~ d' ~• ,~~ ~ ~R ~ J- *{ A~s~~c Public for Idaho at: r Commission Expires: d c I`I ~r'', - ~ 0 - 9 ~~ 1'~aIO P.I ~ ~ 16 F' 1'~I ~ E F F C~ ~ F' 1~ r :': PIG. ~' i~i ~~~ "~~ 6 11 ~~ F' . r. .~' :;„ .: f .!(d ,;%'~~ . f~R-2a-1996 17 ~ 19 8F-0''1 ENGINEERS I fJC ~ ~B$ 734 604Q P, ~9 . E:{IiYBIT A ~ .~ .. property located in the SN;, Sae. 3. t'.3 N.. R.t :Y., Boise usridian.. Ada'CouAty, Idoho, aat0 Pfev+rty bang mcre spa- cjticoliy described a! fetto~s: gegfr,n;nQ of o found grass cap monumenting the ~outttwes; corner .ef solo Section 3: thence long the Souihar~y ttna pt void cotton 3 South 89't4't51" Eaat, 2845.03 tact to .o found braes cop rnonumeniing the South 1/4 cc+rnar of 9oid Section 3: Thence continuing clung sold So~iiheriy 1-r.e North 89'14'31' Yies'» 1373.08 fEet to a found steel pin; thattee oicny the wsetany boundory of 'Colt Yfow Estates No. 3' as -scorded t, book 6a, of plate at pogea 6x53 and 64S} Ado' County Recorder's Office, North 00'45'09' Eost. 45.00. feat to o se! Bross ~D monument, batRg tt~e iN1T1/1L POINT. Thence continuing aleny wttterly boundary of aotd "Gott Vlaw Estotes Mo. 3.Sul~divisien' South 00'4S'09" West, 45.00 feet; Thanca iaovinq Use sue9tsrly boundory of sold "Golf View Estctes No. 3 Sub vision,' North 89951' NtBSt, 248.28~faat Bony q+e Southerly section line; Thencs lsaving sold Section line North 00'45'06" Eest, 9fifi.91 rear . Thsr+ce North S1'4T31' East, 12.83 feet: Thents NOrti, 1'S'ZQ'T9• East. 135-17 fast; Thence North 12'30'00' East, 50.00 feet: th.noe North as'os'oo' East. 32410 fwt: Thsnca South 8918'Q3' East, 188.30 foot; a~rnsr of Lot 13, Block S of "Golf Yisw Estatta No, Z Subdivision.' Thence South 89'19'47" Eost, 76,70 fast, to Use rsorthweat Its rseardtd ~+ book 80, of plate of pages S99t and :1992 Ada Countyy R~aeordsr s Oftics. Thence olonq the westerly boundory of soil '3oN Visw Estokea Me. 2 yltbdtrisio.'s,' the fpt{awing eoureea and dtalonesa: South 00'41'37' wrest, 357.28 fsat; ' SouN 01'38'!9" West. 138.88 fNt; 5oyth 65'11'21" F.eOt, 11!.48 feet; Thence South 38'25'St3' East. 46.03 /ae!, to the south Corner of tot 3, t>ilo:k 7 of 'G9-f View 6atatea ,No. 2 $ybdiviaton," set point ol9o be{ng en the waetal bounder of atria "Ceti !raw t:atotss tta. ] SuOdtvis+or+." !!,ante along !ht westerly boundory of "Gdf Visw !states No. ~ Subdivta~on." the tanowing caunee and d<stant~r South 19'57'10 Wsst, 67.65 feet; South 15'36'34' 'M~st, I1LJJ tset; Soylh Q9'OQ'iT West, 110.88 feet: SouM C395'S4" Weet..114.04 feet: $pyth 41'S3'~T West, tt9.13 feet; North 8994'61' urea!, 44~fi feet; South 00'4755" East. 110.04 feet: North 89'f 4'51" Went, 84.SS feet: Thence South 00'45`09' west, 189.37 feat to the iNiTtetL POt!wT. . v - 0 ~ 1 s• ~~,',i~~ ~ti,1'T~?,RO 9O1SE iD /Y~ '96 :UiN~ P FEE flEC cG Ai ;li= :~ ~1~~^' r• , ~~ V1 ~n ~ .. . ~:.~J. ~ I~A'1 ~ i L. ~~~ ..,. interoffice M E M O R A N D U M To: Mayor Robert D. Corrie, City Council, Sha ' tiles From: Wm. F. Gigray, III Subject: GOLFVIEW (#5) SEABOARD ORPORATION, GENERAL PARTNER OF GOLFVIEW ASSOCIATES, LI File no. Date: December 7, 1998 Mayor Corrie, City Council and Shari: This memo is to notify you of the response from Gary Smith pertaining to the above matter and which you will find attached hereto. To: Sheri Stiles, Plaxu~ing and Zoning Director Gary Smith, Public Works Director ` From: Bill Gigray, City Attorney Date: 12-1-98 Re: Golfview (#5) Seaboard Corporation, General Partner of Golfview Associates, Limited Partnership Nondevelopment Agreement dated May 7th, 1996. Please find with this memo a copy of a letter that was faxed to me by Mr. Brian McCoy wishing a 1 year extension on phase 5 to allow completion of phase 4. I__r_e_q_uest your review and comment. Recommended action: If you disapprove of the requested extension: I shall notify Mr. McCoy immediately and advise him. he will have to make a motion before the council to request that extension. If you approve the requested extension I will then ask that the matter be placed on the City Council meeting for the 15th of December. We will prepare the necessary addendum to the contract. T await your response. %~Z~'~~ ~~~ -~ a-~?"ct~-kecl c~ Greu,~~tit~ av~ ~+~ ~.~rticr-c.-e, ~ ~.e c~-~~~-c~~.a- st~e~atea7_ ~l,~c~.,~-~,~ .~ . ~ b ._ cat, ~ ~.~~- ~-rv `rw~ ~n~-c~e cf ~-~.~- , ~~ ~ Q-Q'W~' ~~~~b~ ~~, ~- 3~ ~ ~ ~~_y ~rt~~~~ To: Bob Corrie, Mayor City Council Gary Smith, Public Works ' Shari Stiles, Planning and Zoning From: Bill Gigray, City Attorney Date: 12-4-98 Re: Request of Developer Go]fview Associates, an Idaho Limited Partnership Requested Action: Council approval for an amendment to that certain provision in the Nondevelopment Agreement dated May 7th, 1996 by and between Golfview Associates, an Idaho Limited Partnership and the City to extend the termination date of the Agreement to December 31, 2000. The basis for the request is set forth in the attached letter addressed to Mr. Wayne Crookston dated November 11, 1998. Required Process: The matter must come before the City Council for consideration and determination. Council should obtain input from the Planning and Zoning Director and Public Works Director as to the merits and advisability of the request. The record of this matter should be reviewed by the Staff to determine whether or not this is a material change in prior approval. If staff determines that the request is a material change then the Council should continue the request and set the matter for public hearing. Possible Action: Continue the request for public hearing Deny the request Grant the request and authorized the Mayor to execute the appropriate addendum to the Contract. ~i~~ ~o ©~ ~~' P.O. Box 3510 • Ketchum. Idaho 83340 • (208) 726-1 133 • Fax: (208) 726-1 138 ~/ November 11, 1998 Mr. Wayne Crookston City Attorney City of Meridian 330 East Idaho Meridian, ID 83642 R.E: GOLFVIEW #5 NON-DEVELOPMENT AGREEMENT' Dear Wayne: My firm is developer of the last phase of Golfview (#5), Which phase is subject to a Non- Development Agreement entered into with the City of Meridian dated May 7, 1996 (together with a Non-Development Agreement on phase 4 of (,olfview). I have enclosed a copy of the phase 5 Non-Development Agreement for your convenience. With reference to our phone conversation last May, as a follow-up to my letter to you dated May 8, 1998, I am requesting an extension of the termination date in the phase SNon-Development Agreement from Deccmbcr 31, 1998 to December 31, 2000, and an extension of the final date for completion of said subdivision improvements until December 31, 2001. Improvements to phase 4 are being installed this fall, and weather permitting, final road paving should occur in December. We plan to start ~PzOV or bn Decp er of 2000, butm~ould be delayed phase 4 are sold, which hopefully will be in 2 years, y unti12001. Accordingly, we would like to request a 2 year extension in the termination date of the phase 5 Non- Development Agreement. if you have any questions, please give me a call. Thank you. Sincezely, Brian M. McCoy President enclosure NONDEVELOPMENT AGREEMENT This AGREEMENT, made and entered into this 7~day of ~~ 1996, by and between Golfview Associates, an Idaho Limited Partnership, whose address is 180 Telemark, Ketchum. Idaho 8340 hereinafter referred to as "DEVELOPER," and the CITY OF NIERIDL~~1, a municipality of the State of Idaho, acting by and through its Council Members, hereinafter referred to as "CITY". WITNESSETH: WHEREAS, DEVELOPER is currently the Owner of all real property and subdivision lots contained in Ada County, Idaho recorded as Instrument No. records of Ada County, Idaho; and. WriEREAS, DEVELOPER desires now to witnnold development of street, utility and lot improvements and sale of Golfview #~; Lots 7-14 Block 9 and Lots 4-16 Block 10 in said Subdivision (hereafter '°Undeveloped Lots") also described on attached Exhibit A: NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties of this agreement agree as follows: DEVELOPER, hereby agrees that no improvements will be installed in said Subdivision lots as required by the CITY, without the prior written permission of the CITY. If DEVELOPER desires to install any of the said improvements for said lots, then DEVELOPER shall submit a written request to the CITY which shall contain a detailed description of the limited improvements which are desired and estimated time and cost to complete such improvements. The CITY reserves the right to require: An irrevocable letter of credit, cash deposit, or Surety Agreement in amounts sufficient to secure the full and adequate performance of DEVELOPER, upon such stated improvements and detailed construction plans, if the DEVELOPER desires to sell lots prior to completion of the required improvements. Such Surety deposits will be figured at the prevailing construction costs determined by the CITY. DEVELOPER herein agrees that when developer does desire to develop, the required improvements shall meet the City Standards and Specifications u1 effect at that time. DEVELOPER further agrees not to sell any of the above referenced lots in said Subdivision during the term of this agreement, or until a new irrevocable letter of credit or cash deposit Surety Agreement has been issued and delivered to the Ciry, or until the required improvements of said Subdivision are completed in accordance with then current CITY standards and specifications. DEVELOPER acknowledges that this Agreement will be recorded with the County Recorder of Ada County, Idaho, to provide public notice to prospective purchasers of the temporary restraint on conveyancing. DEVELOPER agrees to pay the recording costs. At such time as this Agreement terminates, the City agrees to release DEVELOPER from such restraint, and to duly file and record with the County STATE OF IDAHO) ,~~ ,~..~/) ss . County of .~da~ ) On this ~ day of mom, 199, before me, the undersigned, a Notary Public in and for said County and State, personally appeared ~~~AT1 ~'-'~~~ known to me to be the Pres ~ de+,~' o f lea bo ~L~+ ~-~o c-~`dy, ~ ~.av, ~.P ~z.v~4-~-~ B~ 4So~~yi ew ~~ the partnership that executed the foregoing grant easement, and acknowledged to me that he executed the same for and on behalf of said partnerhip, having lawful authority so to do. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. :; ~;,~. •~ ~~1_ ~ v• ~.~SEAI:) ~ . , STATE OF IDAHO) ss. County of Ada ) N~/ary Public fc Residing at:~ My Commission On this a9~ay of ti , 199, before me, the undersigned, a Notary Public in and for said State, personally a eared Robert D. Corrie and William G. Berg, Jr. known to me to be the Mayor and City clerk of the City of Meridian that executed this instrument and the person who executed the said instrument on behalf of said City of Meridian, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. `,~~trarrrrrrrrr .. ~~~` G i.. L ' r~ J I s~~ ~QVaao~ G,9 iii ,~ c ly' ~ i ~ i f~ ~ ~ cP ;~ '~ ~' o _~~ ~U~L~G ~~: w, l~L ~ ~ (SEAL) ~~''"""'~`„'' Public for Idaho`-' tng at: ~~,~°r~ ~-a-.- Commission Expires: 4 T/~' ,z /~'9 Recorder of Ada County an appropriate release and it is agreed DEVELOPER shall pay the recording cost. DEVELOPER and CITY specirically understand and agree that for the purpose of this Agreement, the status of the undeveloped lots in said Subdivision will be as though plats thereof had not beea filed. This Agreement is not intended and does not affect CITY requirements heretofore complied with by the DEVELOPER and obtained by said DEVELOPER, except as expressly agreed to and contained in this Agreement. This agreement shall terminate on the 31st day of December 1998; When this agreement terminates. Developer shall have one year to complete development: if development is not completed on the 31st day of December. 1999, approval of the "undeveloped lots" portion of the plat shall be null and void and any further development of the property shall require additional approval; if the developer. does not complete development on or before tiie above date, City shall record a statement that approval of the plat for the subdivision is null and void and that approval for the "undeveloped lots" portion of the subdivision has been voided and DEVLOPER shall pay the cost of recording. This Agreement shall be mutual to the beaefit of, and be binding upon, the heirs, executors, administrators, assistants and successors of the respective parties. IN WITNESS WHEREOF, the DEVELOPER has executed this Agreement at Meridian, Idaho, the 7fh day of Y1~1~/ 1996. DEVELOPER \`~Illliunurlrll',i ,,.~~ ~ c~ '~~~ ~ 4,''% G 'c~~ ~''~.: ~ ~ = ~, ~~ <:~~ . ti ' -per c~ t ~-t ~ ~~ -, .q ~~~' ~1 ,~ ~~''~~,, cCUN t Y ~ ,~~`~~\ ~~ 1j 11111111 1l illl~' CI'T;I~ F MERIDIAl~t c.2,~ :. L 1~Iayor ATT T William G. Berg, Jr. City Clerk . ~ !, S ,. FiPR-24-1996 17:19 EHM ENGIh•iEE°S INC 266 734 6049 P•P8 .. E;{HIB~T. A • property located in the 5'N 4 , Sec. 3. T.3 N., rZ.1 ~y.. 8nise '"eririian. Ada County, Idaho, said prop^rlY being mcre spe- ~ifiCOlt)~ described as foll~Jws: Beginning at a found hrass cop n'o^un'1zZ645.03er etJtcwe found bra s tae man men~iinghthP Souih5l/4 c ~ner olf snit' of said 5ect~an .3 South 89'14'51" Eost, a es 6453 and 6454 Ada' Section 3: Thence continuing olonS said Sc+liheriy fire North 89'5451' Wes'., 1373.0E feet to a found steel pin; thence along the :+resterty boundary of "C,olf View EStaLes No. ~" ns recorded i;1 book 64, of plats at p 9 County Recorder's Office, North 00'45'09" East, 45.00- feet to a set brass cop monument, bring thr. INITIAL ?OtNT. Thence continuing oW ,9 e~esboundarynof rsaidf Gotdf View Estates tNots3n5ubdi sion~sNorth 89'1 i 514 W st, 2e48.285feet feel, Thence leaving the e y " along the Southerly section Ilne; Thence leaving said Section line North 00'4506" Easi. 96b.91 feet: Thence Narth 51'47'31" East, 12.8 feet: . fiencs Narth 15'20'19' East, 135.17 feet; Thence North 12'30'00" Eost, 50.OC feet: ?hence North 05'05'00" East, 324.10 feet; Thence South 89'58'03" East, 198.30 feet: c::rner at Lot 15, Block 5 of 'Golf View Estates Na. 2 Subdivision." Thence South 89'19'47" East. 76.70 feet, to the northwest As recorded in book 60, of plats at pages 5991 and 5992 Ada County P.ecorder's Office. Thence along the westerly boundary of said "i;olf 'law Estates No. ^_ j~yhdivision," the following course, and distances: South 00'41'57" west, 357.28 feet; - South 01'36'19" West, 155.88 feet; South 55'11'21" Eosc, 111.46 feet; + Brock 7 of "Gaff Vtev~ Estates ,No. 2 Subdivision," Thence South 38'25'55" East, 96.03Y feet. to tt;e sou .h corner of °~ot 3, sold point also bP~V ew Est teseNoerlY Subd~~is on,f the fo IION•fng coursesE anao n Stan bdsvision.' Thence along the westerly boundary of Golf i South 19'57'10" West, 67.65 feet; 5auth 15'36'34" 'Nest, 111.33 feel; South 09'09'17" West, 110.88 feet: South 03'15'54" Wesk. 114.04 feet; South 41'53'27" West, 119.13 feet: North 89'14'51" West. 40.46 feet; South 00'47'55" East. 110.04 feet; North 89'14'51" We9t, 64.55 feet: Thence South 00'45'09" west. 1$9-37 feet to the iNlTli+;" POINT. -- 0605180$ n • .. _'~'~KJ~R ~. ~o~s~ ;~ ~ r ~t1~.-. V '~~~~;1 ...; . . _ u~L1/~~~ . ;~ % 4 ~- ~ -- - -- ~~~~~~~~ ~ FAX COVER SHEET P O FIOX 3510 KETCYiUM, !D 83340 (208) 726-1134 HAPPY HRWN (208) 726-1133 BRIAN McCOY (208) 726-? 109 LORI TURNER (208J 728.1138 FAX 70 ~ILL~ ~1 CrIQ/4'Y From 3~e„~ rn - ~ Date i ~z/r/~8 ~~,~~° ~~ P.O. Box 351U • Kclchum, Idaho ti33~,0 • (208) 72G-I 133 • Fax: (208) 726-1138 Dcccmber 1, 1998 Mayor Rabcrt D. Cozrie Meridian City Council City of Meridian 330 East Idaho Meridian 1D 83b42 Via Fax sad First Class Mail Dcar Mayor Come and City Council Members; Please find attached iuY letter dud November 11,1998 to the City Attoracy's ofEce, ro4~~ an extension of timc is our agreement for the dorelopmeut of the Sa81 Phase 5 of Golpview. The isagrovetaents for Phase 4 were started is late August, and should bo complete within a moat}'. ureather pcrtnittiag, and at the latest, nCxt sQriag. If possible, I would apgrcciatc you placing this matter before tha coimeil at their next mecdog. which I understand is December 15, 1998. If you have say Questions, please do not hesitate to give me a call. Thauk you for your consideration. . Respectfully, Brian M. McCoy President cc: Bill GigraY,~fl- City Attorney ~ `~~~~~C~~~ P.n. 13c~a 3510 • Kcschum, Iclalu~ ;i33s0 • {2UK) 72v-I !3~ • t=aa: (208) 726-1 138 November 11, 1998 lVg. Wayne Crvokscon City Attorney City of Moridiarx 330 East Idaho Meridian, ID 83b~12 RE: GOLFVTEw #5 NON-DEVELOPMENT AGREEME-'`iT Dear Wayne. My firm is developer of the last phase of Golfvicw (t~5), which phase is sut~ject to a Non• Development Agreement entered into wi e 4 o C~~i~ n~ha de e~nC osed a copy of the phi a Non-Development Agxectncnt on phas Non-Development Agreemen- for your convenience. With reference to our phones eoavet5ation last May, as a follow-up to my letter to you dated May g, 1998, 1 atn requesting an extension of the tertninatioa date in the phase 5 Dion-Davelopmen[ Agreement from December 31, 1998 to December 31, 2000, and an extension of the ~ date for completion of said subdivision improvements until December 31, 2001. Iaiprovcmeats to phase a are being installed this fail, and weather permitting, final road paving should occur in December We play to start iraprovemcnts to phase 5 as soon as most of the lots in phase 4 are sold, which hopefully will be in 2 year, or by December of 2040, but it could be delayed unti12001. Aceordittgly, we would like to rzquest a 2 year' Wctension in the t~mtaatton date of the phase 5 Non- Developmcnt Agreement. if you have any questions, please give >ne a ~l• 'thank you. Sincerely, Brian M. McCoy President enclosure BEFORE THE MERIDIAN CITY COUNCIL APPLICATION OF GOLFVIEW ASSOCIATES FORA VARIANCE TO REQUIREMENT TO „ ,;~; ~~~~oa_ ~ has MERIDIAN CITY COUNCIL MEETING: NOVEMBER 18 1997 APPLICANT: GOLFVIEW ASSOCIATES LTD. PART. ITEM NUMBER: 2 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW ON REQUEST FOR A VARIANCE TO TILE THE SAFFORD LATERAL AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS OTHER: 4. That the Applicant's application states that the Applicant is requesting a variance for the tiling of the Nampa- Meridian Safford Lateral on the north boundary of Golf View Estates No. 4 and No. 5; that these are the final two phases of development of the Golf View Estates; that all five phases were platted in 1990 without the requirement to the the Safford Lateral; that the first three phases of the subdivision have been constructed without tiling of the lateral; that the lateral was protected by a 6' high chain link fence in the first three phases; that Applicant requests the final two phases of the subdivision be developed as approved on the preliminary plat without tiling of the lateral, but with continued fencing of the lateral. 5. That Section 11-9-605 M. of the Subdivision and Development Ordinance states as follows: All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing, or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. The City may waive this requirement for covering such ditch, lateral or canal if it finds that the public purpose requiring such will not be served in the individual case. 6. The entire property in question is described in the subdivision application and is incorporated herein as if set forth in full. 7. That the Applicant has the consent of the property owner. 8. That at the October 7, 1997 public hearing, the FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 2 VARIANCE - GOLFVIEW ESTATES Applicant's representative, Russ Hepworth, testified that the first phases of the subdivision were allowed a variance from the piping requirement, and so the Applicant would like a variance from the requirement for this final two phases, allowing the Applicant to just put in chain link fence along the lateral. 9. The City Engineer, Gary Smith, in response to a question by Councilman Morrow, replied that he is not sure whether the Safford lateral requires a pipe in excess of 48" at this point, but that he cannot imagine the size of the pipe upstream from this subdivision being greater than 48". 10. Councilman Rountree commented that if it takes 48" or less, he would be inclined to deny the variance since the current chain link fence is not maintained well and there are weeds everywhere. Councilman Bentley also commented that he agreed if it takes less than a 48" pipe, it should be denied, so he would not vote until the size of pipe is determined. 11. Councilman Morrow moved to continue the public hearing to October 21, 1997. 12. At the October 21, 1997 public hearing, the Applicant's representative, Russ Hepworth, testified substantially as follows. He has determined that the size of pipe needed to pipe the Safford Lateral would exceed 48", and that it would require 60" piping, and he submitted his calculations supporting his testimony. 13. In response to a question by Councilman Morrow, Mr. FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 3 VARIANCE - GOLFVIEW ESTATES Hepworth responded that he had not heard back from Nampa Meridian Irrigation District in confirmation of his calculations. Also, the City Engineer, Gary Smith had not confirmed the calculations either. 14. Councilman Morrow then commented that it is necessary to have the calculations confirmed by the City Engineer, Gary Smith, and Nampa Meridian Irrigation District prior to making a decision. He also commented that Shari Stiles, the Planning and Zoning Administrator, in her October 12, 1997 memo, indicated that an ordinance is being worked on, and that Ashford Greens Subdivision's request far a variance is being held pending the adoption of an ordinance. He agrees with her that the variances for the two subdivisions ought to be decided together, and so he moved to table the discussion until November 5, 1997. The public hearing, however, was closed. At the November 5, 1997, meeting Gary Smith commented that he had received the calculations from EHM Engineering and also talked to John Anderson at Nampa and Meridian Irrigatin District, and stated that Mr. Anderson concurs that that length of ditch cannot be piped with a 48" diameter pipe. 15. That the City Engineer, Meridian Fire Department, Ada County Highway District, and the Central District Health Department comments are incorporated herein. 16. That the Nampa & Meridian Irrigation District submitted comments that the variance be denied. FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 4 VARIANCE - GOLFVIEW ESTATES 17. There was no further testimony at the public hearing. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City has authority to grant variances pursuant to Section 11-2-419 of the Zoning Ordinance and pursuant to Section 11-9-612 of the Development Ordinances. 3. That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Subdivision and Development Ordinance and upon the record submitted to it and the things upon which it may take judicial notice. 4. That the Council may take judicial notice of its own proceedings, those of the Planning and Zoning Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That the following provision of Section 11-9-612 A. 1., of the Subdivision and Development Ordinance is noted which is pertinent to the Application: 11-9-612 A. 1. PTR O FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 5 VARIANCE - GOLFVIEW ESTATES The Council, as a result of unique circumstances (such as topographic - physical limitations or a planned unit development), may grant variances from the provisions of this Ordinance on a finding that undue hardship results from the strict compliance with specific provisions or requirements of the Ordinance or that application of such provision or requirement is impracticable. 6. That the specific requirements regarding a variance that must be evidenced and found by the City Council are as follows: 11-9-612 A. 2., FINDINGS No variance shall be favorably acted upon by the Council unless there is a finding, as a result of a public hearing, that all of the following exist: a. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would clearly be impracticable or unreasonable; in such cases, the subdivider shall first state his reasons in writing as to the specific provision or requirement involved; b. That the strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the subdivider because of unusual topography, other physical conditions or other such conditions which are not self- inflicted, or that these conditions would result in inhibiting the achievement of the objectives of this Ordinance; c. That the granting of the specified variance will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated; d. That such variance will not violate the provisions of the Idaho Code; and e. That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Plan. FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 6 VARIANCE - GOLFVIEW ESTATES 7, That regarding Section 11-9-612 A. 2. it is specifically concluded as follows: a. That -there are special circumstances or conditions affecting the property that the strict application of the provisions of the piping Ordinance would clearly be reasonable since the Safford lateral cannot be piped at this location with a 48" diameter pipe. b. That the strict compliance with the requirements of this Ordinance will result in extraordinary hardship to the subdivider because the Safford Lateral cannot be piped with less than 48" diameter pipe at this location. c. That the granting of this variance would not be detrimental to the public welfare or injurious to other property in the area in which the property is situated; and d. That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Plan. 8. That it is concluded the Application for variance of the tiling requirements of the Safford Lateral should be granted. FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 7 VARIANCE - GOLFVIEW ESTATES APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby approve these Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN MORROW VOTED COUNCILMAN TOLSMA VOTED COUNCILMAN ROUNTREE VOTED COUNCILMAN BENTLEY VOTED MAYOR CORRIE (TIE BREAKER) VOTED D T TON That it is decided the variance for tiling of the Safford Lateral in Golfview Estates Subdivision is granted. APPROVED: DISAPPROVED: FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 8 VARIANCE - GOLFVIEW ESTATES rll=~~ t-l~ '~~~ ia:t F. t'.~ NOV - 5 x.97 CITY FD4ES~l31Ati ~H~ ~ ~exic~ia~~~~~~attioos ~i~t~Lct 1563 FikST STREET SOUTH NAMPA, lU~,t1U 83ti.i1 •a39S FAX # ~d3E>Xf(~SX~CDCX 20$-483-0183 Russ Plepworth EHM Engineers, lire. Sl6 S. Capitol Blw1, Boise, !D 83702 ~'f~0r1c5; AIeU COf~c ?U$ UFFICE: PJampu 4od•7861 xr~~~cxx~oc~ax SNOF: Nurnpu 466•U603 X~:3kak~XX~X9C~K RE: Ca~fview Estates - St~jford Lateral Dear Russ: The 1Vampa & Meridian Irrigation District has revie>•ved the calculations cui the above mentioned project and with the flow of the Sa„~`ard Lateral, it will require larger pipe than the ~8 inch maximum required by the City of Meridian. Please, feel free to carttact me if you have any ftuther questions. Sincerely, ~~~~_ tll Henson, Asst. Waxer Superintendent IVAMPA & 111L~'RIDIAIY 1RRIGATIQN DIS7RIC7' BPI.•dln ce: File -Shop File - O,~ice tauter Superintendent City of Meridian Ride S -Chavez Via Fax to Ef1M ~ 386-90?'6 aPPRpxlrgtiTE IRRIG,;EtE ~,<_RES kf~'Ek fLOW RIGHTS 23.OU~ bUISE PROJECT RIGHTS - a0,~)CO 4 November .1997 C G f i~C SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary September 23, 1997 City of Meridian 33 East Idaho Avenue Meridian, ID 83642 Re: MV-OS-97 Langely Irrigation Ditch: 1/2 mile north of Cherry Ln., east of Black Cat Rd. The Ada County Highway District (ACHD) staff has received and reviewed the application and site plan for the item referenced above. This item will not be heard by the ACRD Commission unless the site plan is changed in such a manner as to require Commission review. All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived in writing by the District. If you have any questions please feel free to call me at 345-7662. Sincerely, Steve Arnold Senior Development Analyst cc: Project file Chron file ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7h80 i~~,T. -?1' 9?ITCE1 1~~49 EH~'1 E1Gfh'EERS 1~G. TEL~?US 7~~ 6019 P, t10? EHM ~n insets, Inc Q+IONE~, f PLANNERS / SUR4E1'OF+9 881 North C~Ilepe, 9ulte 1Cb T4rih ~~N~.10 83309 ?.flB/73411$88 FAX 734~i8 r Jab NAME o L ~ v a E-+.J !moo . ~-(L Il~o . 5 J4B N0. BY GATE -- SHEET OF ;, ~ ~d' tt I G~e~r1c~...t`~E ~'~"" ;T~1~4a1~T~~r ...~i!..!rx".4 µ I.. ... _ . .. ~ .~ ~~~ ----'~-~c:1./.v..%r,.r,~ ~D.IINTdrl'_ W~!i~l.•+.r~~y;_~cra~ c~..raisw+is i I ~ i i T~^ I -~-~~- I ~ --T ---~ -- - „Sr. ~ rsJ_. ~~~ i~ _ i~ _i._. ,..... , ,. _ ~ , ~ .,., -- w~c. ~ ~ •,,. su''-!~ -~:~z-ate ~ ._. _ l i l y i I ~ I I ~~~~i ~ f ~ i ' ! I I I 1, ~ of (~ s +--i- ~!i --- -- ' , ! ~. ,.;. ~ ,5 ~ ~ ~ ~ i I f ~ ~ i I I I T ' I . ooZ ! ~ f ~ ~ ~ i f ~ ~ I I ~ .J_J.~ I i __ M ~'. i ~n ~ Jr Y ~ ~. r r ey,~~ l P . _I .I ' 'S~ i 1 ~~ i MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 16 1997 APPLICANT: GOLF VIEW ASSOC. LIMITED PARTNERSHIP ITEM NUMBER: 13 REQUEST: REQUEST FOR A VARIANCE TO REQUIREMENT TO TILE SAFFORD LATERAL AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor TO: Planning & Zoning Commission, Mayor & Council FROM Shari Stiles; P&Z Administrator ~!~ DATE: September 12, 1997 COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH SUBJECT: Request for Variance from Requirement to Tile the Safford Lateral by Golfview Associates Limited Partnership This application has been submitted in response to a condition placed on the development by the City Council for extension of time requirements on Golfview Estates Nos. 4 and 5 Subdivisions. The property is directly south of Ashford Greens Subdivision, and Brighton Corporation has submitted a request for variance on this same irrigation facility. No decision has been made on that application due to the discussions taking place on revising the section of the Ordinance dealing with piping of ditches. Coordination is needed between these two developments to come up with the best alternative. If the ditch is left open and access roads are planned both north and south of the lateral, that would appear to be excessive, regardless of the easement claimed by Nampa-Meridian Irrigation District. If the ditch is left open and fenced, the fence should be ofnon-combustible construction due to the fact that little or no maintenance in the form of weed control is performed by Nampa-Meridian Irrigation District. Even though this facility is a live irrigation ditch, it is unfortunate some enhancement of the area cannot take place to make it aesthetically pleasing and an asset to each development instead of a liability. As Gary Smith and I are working on a draft ordinance to be reviewed by the City Council at the September strategic planning meeting, this matter should be continued until the October 7, 1997 City Council meeting. 'ha~sr~ia & ~lti~id~a~ ~I~u'gatia~ Di,~flziet 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 3 September 1997 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian ID 83642 FAX # 208-888-6201 Phones: Area Code 208 f,.~~~ ~~, OFFICE: Nampa 466-7861 ~+ Boise 343-1884 J~~ ~ ~ ~~~ J 1.:~~ SHOP: Nampa Boise 466-0663 345-2431 RE: Variance Request to Tile the Nampa & Meridian Irrigation District's Safford Lateral on the North Boundary of Golfview Estates Nos. 4 & 5. Dear Commissioners: The Nampa & Meridian Irrigation District recommends this variance be denied. Sincerely, ~~ Bill ensonst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln cc: File - .Shop File - O,~cce Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS 23,000 BOISE PROJECT RIGHTS 40,000 HUB OF TREASURE VALLEY WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P 8 Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL' CORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-22(1 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: September 9. 1997 TRANSMITTAL DATE: 8/28/97 HEARING DATE: 9/16 /97 REQUEST:_Variance to requirement to the the Safford Lateral BY: Golfview Associates Limited Partnership LOCATION OF PROPERTY OR PROJECT: West of Chem Lane Sz Black Cat Road JIM JOHNSON, P2 MALCOLM MACCOY, P2 RON MANNING, P2 BYRON SMITH, P2 KEITH BORUP, P2 ROBERT CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINF.L PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PR I ~ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: ./ :~ Y Ott ..... , HUB OF TREASURE VALLEY WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: September 9. 1997 TRANSMITTAL DATE: 8/28/97 HEARING DATE: 9/16197 REQUEST: Variance to requirement to the the Safford Lateral BY: Golfview Associates Limited Partnership LOCATION OF PROPERTY OR PROJECT: West of Cherry Lane ~ Black Cat Road JIM JOHNSON, P2 MALCOLM MACCOY, P2 RON MANNING, P2 BYRON SMITH, P/Z KEITH BORUP, P2 ROBERT CORRIE, MAYOR -RONALD TOLSMA, C/C -CHARLIE ROUNTREE, C/C -WALT MORROW, C/C -GLENN BENTLEY, C/C -WATER DEPARTMENT -SEWER DEPARTMENT -BUILDING DEPARTMENT FIRE DEPARTMENT -POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) O ~ r V l is -^-} ~ S'S~c.. i -4 v't s f.- iw~ . -rG 0 t~p(ZTN bl2.S 1~ ~ (~ NAME: ~e.rA~ m~c~,~ - CaEN~2Ikl. t~t~fLTNE'R (Owner or holder of valid option) Phone: ~zoS~l `7Z6-if33 ADDRESS: ~.0. ~oK 3S ld IC.~TGN~Y-~ ~ ~t~,U 533 ~U GENERAL LOCATION: wC s-r- CIS-~v~~l ~N ~ ~ t.~ ~f~ c_~-r Q.~ Min ~ ~~a-,u -rn LEGAL DESCRIPTION OF PROPERTY: A ~oct.T-ow dF -n4~ 5~~ . 5rc~bN 3 .'T. 3 N . ~ ".~ . , go-SC Mcei flip.r~, Aar ~~~~~ ~ za PROOF OF OWNERSHIP OF VALID OPTION: A copy of your property deed or option agreement must be attached. PRESENT ZONE CLASSIFICATION: '~_`~ VICINITY SKETCH: A vicinity map and/or site plan at a scale approved by the City showing property lines, streets existing and proposed zoning and such other items as the City may require. SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses within, contiguous to, directly across the street from, and within a 300' radius of the parcel(s) proposed for a variance must be attached. (This information is available from the County Assessor.) DESCRIPTION OF PROPOSED VARIANCE: T-t~ ~-Ttc.i ac, c~F r~}~ IyA~-na~- - ,--- _(~t2-bi~-r..- 5/~~"o~p Ltat=ce~r_ Lo~l-t-co one -r-~4c f~.bell~ 3oJNOr~a.~ b~' ~ol...F y~cc,..) ~srfk~r-t~ ~ , ~{ ~. /~. ~ 5~;~~~~viSic~N SIGNATURE: CITY COUNCIL RECORDS Date Received City Council Hearing Date Received by August 7, 1997 Meridian City Council Members City of Meridian 33 East Idaho Meridian, ID 8364? RE: Variance for Golfview No. 4 and No. S Subdivision Dear Council Members: Golf View Estates No. 4 and No. 5 subdivision is located in a portion of the SW quarter, Section 3, Township 3 North, Boise Meridian, Range 1 t~Vest, Ada County, Idaho. This property has a present zone classification of R-4. The subject property is presently not being used, it was previousl}~ farmland. Golfview Associates Limited Partnership is requesting a Variance for the tiling of the Nampa-Meridian Safford Lateral located on the North boundary of Golf View Estates No. 4 and No. 5 subdivision. These are the last two Phases in a five (5) phase subdivision. All phases of this subdivision were preliminary platted in 1990 without the requirement to file the Sai~ord Lateral. The first three phases of the subdivision have been constructed. In the completed phases the lateral was protected, as required, with a 6' high chain link fence. The lateral was left open with sufficient access for lateral maintenance. We are requesting that the final t<vo phases of the subdivision be developed as approved at preliminary plat with continued fencing of the lateral. This will assure consistency in the protection of the lateral and the access for maintenance. EHM Engineers, Inc. will post the subject property at least one (1) week prior to the City Council meetutg which this issue is to be heard stating that we have applied for a variance. Thank you for your time and consideration. Respectfully, Brian M. 1\-4cCoy President Seaboard Associates, General Partner of Golfview Associates • ~L.. ~ '''.°',~`~f .~:; A.P{one~r Company PIONEER TI17.E COMPANY OF ADA COUNTI' 888 Notth Coie Road / Boise, ?daho 83704 /Telephone (7A8) 37?-2700 WARItA1V~'I' DEED ~ ~ fcottnor~re roturtl NEW CONCEPTS DEVELOPERS, INC. ,acorporation organized and existing under the laws of We State of Idaho, with its principal officx at P.0. BOX 45247 BOISE, .ID 83711 of County of ADA ,State oftdaho, grantor, hereby CONVEYS or GRANTS and WARRANTS TO GOLFVIEW ASSOCIATES LIMITED PARTNERSHIP AN LDAHO LL*SITED PAPTNERSHIP • grantee of for the sum of TEN AND OTIIER VALUABLE CONSIDERATION-=-----••-__._______..________...~__,._ DOLLARS, the following described tract(s) of land in County, State of Idaho: SEE ATTACHED EXIiIBIT "A" i'OR LEGAL DESCRIPTION idHICH BY THIS REFERENCE IS INCORPORATED HEREIN. Location of above desaibcd property ww 7~[~~,~ 1J~~~.~y3J~..R1t/ - t,0 9f:RF.4 - rot c' V~tl._E.~T6TE.~ House No. Street The officers who sign this deed hercbycertify that this deed and the.transfer represented thereby a~as duly authorized under a resolution duly adopted by the board of directors of the grantor a! a lawful mecling <luly held and a[tendcJ by a ryuorum. In witness whereof, the grantor l:as Caused its corporate namo and seal to be hereunto affixed by its duly authorized officers this day of ; A.D.19 _ NEW CONCEPTS DEVELOPERS. INC. _ (CO~jRyP~~O~RATE NAME) ~I- PRESIDENT .~.. SECC<E'i'ARY STATE OF IDAHO County of ADS :. .^_, ss, On lhis~day of lln t~hy~,vear of~y"/ a' :, before me THE ENDERS ICNED .~__,_ , a nottuy public, pcr• sonally appeared_DENNIS MARSHP I known or identified to me to be the person.._w!io executed the instrLment on behalf of said corporation, and acknowledged to me [hat such corporation executed the same. ~i?Ivtary.Public: ` "Residing at:.POISE DAHO My: Commission Expires: 5 - 5 - 9 3 r r~ v .w..._w AFIF ..____._. _. ._.._ __. .. __. ~,.. `'~. .~~ ~ ; ~ ~HI~ST '~A~~ :... TOWNSNYp 3 QF T HE EAST ciALF OF TFi$ bESCRZBED NORTx.~NGE 2 SOUTHWEST AS FOLLOWS; WEST, BOISE blERIDx,~UARTEt2 SEpTYON 3 OOMMENCZNG ADA GdUN7'y. 2z?AHp T1`-iE SOUTYWES~ THE NORxHWSST CO T`OWNSHxp THRE,SQUARTER (SEI/ RNER OF THE SOUTHEAST QU Np ADA GOUNTy~ (3) NORTFI, RANGEF ~WZ/~) OF SECTION T ARTEH OF . RTN TWO YDAHO; THENCE p~dE (,~ ~ y{EST NREE {S) EA$T AND•~7/HOC? CHAINS, ax' THE BOrSL t.1ERIDIAN fiORTY (4C1) RQDS• THENCE SOUTH TWO AIYD 27/lOp ~ THENCE EAST TWENTY (2C) CFiAxhS: THENCE SOUTH EIGHTY ) RODS: THENCE WESx SIXTY (8CJ) RObS: THENC '~ NORT!-f EIGHTY x(80) ORD$' THENCE E ODg TO THE PLACE OF BEGrNNING ~~ _`_ ~ N ' ~~ : u _~ I M `FI ~y i ~ ~~ `/ i, i i~ I U i N /_~ s a \/ N N -~N~~~~~~~~~~1j U A i A _ T C~ CA v w (1 J n C~ _~ (~ ~i i r---. \1~ ~~ ~ " -'.. I ~___~_ f ~ - ----- I r, /A ~~J m ~u ~ ~ A ~ -n- 1~ '~ a /1 ~l`~ J a ©~` N. PrARTREEAy, f'`- ~A ~ _ N. GREE VFlELO AVE `4C ~ _ ~ n ~ O N'' F ~-• ~ ,,~ ~ D _ O.A p .r p = \ ~, 10~ w O ~ ~_ ._ Y ~~ ~ _ ~ s' I - ~~f V" ~~ ~ N ~ ~ o~ ~, v N o_ _~ ~ X10 ~`~~ v ~ ~~ ~ ~ ~., '19.~ , ~ W -1 ° ~~ - ' , I ('1* .. rI~ ~ E pAK h .t~' ti N `~ .` w ~ ~ ~'Y _ /R... ~ ~ ~ m u m G ~ f. I I T s r ~ I b ( O J I A r ~ / `e ~_ MERIDIAN CITY COUNCIL MEETING: July 1 1997 APPLICANT: ITEM NUMBER; 11 REQUEST: REQUEST FOR RELEASE OF NON-0EVELOPMENT AGREEMENT FOR GOLF VIEW ESTATES N0.4 SUBD. AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. E , Engineers, Inc. ENGINEERS /SURVEYORS /PLANNERS June 25,1997 City of Meridian 33 East Idaho Meridian, ID 83fi42 Dear Mayor and Counci{ Members: IN THE FIELDS OF: PLANNING SURVEYING HIGHWAYS WATER SEWAGE STRUCTURAL SUBDIVISIONS BRIDGES ENVIRONMENTAL ~UAUTY CONTROL CONSTRUCTION MGMT. ~~~~~~~ ~s ~ ~; 1497 ~~~'~ ~~ ,,+~E~710I~41 Go{fview Limited Partnership is proposing to construct phase four of the Golf View Estates Subdivision and is requesting a spot on the City Council meeting agenda for July 1, 1997. We are requesting the release of the Non-Development Agreement for the Golf View Estates No. 4 Subdivision so that the Planning Department can proceed with the review of the construction plans. We are planning to construct this phase later this summer. Thank you for your time and consideration in this matter. Respectfully, ~y Russell T. Hepworth EHM Engineers, Inc. cc: Brian McCoy Gerald Martens 621 North College, Suite 100 • Twin Falls, Idaho 83301 (208) 734-4888 FAX 734-6049 Westside Office Building, 5th St. and 1st Ave. Ketchum, Idaho 83340 (208) 726-3578 i ~'. ~N Q ~~ ~ Q ~~ N u U I ~ ~ J `~ ` a ~I - /, ~O - m r ` ~ / I~ h ~- ~ I n N t? kb'p 3~„a~ ~ _. m N '. P~~ u~~ I - ~ N U tun ~ ® r -T_ ~ j Ifl i ~ _.. V ~` D ~ ~O~ N~ - V -0 O '- d 3 --~ .~ t~ n ~ ~ 3nb p~31~~ 33aJ 'N ~) °_,~.~ TV33LIlavad N ~ ~ ~ ~ M3UCd,0~J!! j V t0 ('~ ~' of S N ^ _ `Cr' ~J ~~ ~~, v W I ----_ .-. ' I 1 _______ _-_ I 1 ~I i ~ ' ~~~ 1 ~ ~ ~~ ~ ~, ~ ~--- / ~ - ~: ~ I ~. - ~ ~ ~ _0 _ ~. ~ n /~ n ~ ~,, ~.n ~_ r cA ~1 ~ ~ `J ~ I-- - --__ i dam' ~ ___ _. _ _ _.____ ...__.__ . _ -~ c~ ~J j J i i' 0~ SETTLERS' IRRIGATION DISTRICT P.O. BOX 7571 • BOISE, IDAHO 83707 PHONE 344-2471 July 19, 1996 Mr. Russ Hepworth l I-LU1 Engineers 1007 L Lewis Boise, Idaho 83712 Re: Golfview I?states #f4 8c #5 Dear Iv1r. Hepworth: ~.., .- ~,. j ~ i~Q!~ Pursuant to our conversation July 18, 1996, Settlers 11~7gation District will re~~iire a 20 foot. easement (10 feet from center on either side} over the ctisttt~g 30 ;.rich pezYna-lok pipe in Phase ~ arrd the 30 inch concrete pipe to be instalIc;d in 1'lrase 7. Settlers also requu•es that an iYigation delivery system be installed in Phases 4 and 5 and those plans should be submitted for our review and acceptance prior to final plat approval as we discussed. If you have any questions, please phone nu at 3~3-271. Sincerely, . ~/ Troy . Upshaw, Manager Settlers Irrigation District cc: City of Meridian Planning & Loning MERIDIAN CITY COUNCIL MEETING: MAY 7.1996 APPLICANT: ITEM NUMBER; 22 REQUEST:NON-DEVELOPMENT AGREEMENT FOR GOLFVIEW ESTATES N0.4 ~ 5 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. E~H M En ineer Inc. 9 ~ ENGINEERS /SURVEYORS / PLANNERS April 30, 1996 Meridian City Council Members City of Meridian 33 East Idaho Meridian, ID 83642 ~~~~~~~ APR 3 0 1QvR CITY ®F ~gE~i~1~N IN THE FIELDS OF: PLANNING SURVEYING HIGHWAYS WATER SEWAGE STRUCTURAL SUBDIVISIONS BRIDGES ENVIRONMENTAL OUAUTY CONTROL CONSTRUCTION MGMT. RE: Golfview Estates No. 4 and No. 5 Subdivisions Dear Council Members: This is a request to be placed on the agenda for the May 7, 1996 Meridian City Council Meeting for the approval of Nondevelopment Agreements for Golfview Estates No. 4 and Golfview Estates No. 5 Subdivisions. Attached herewith are copies of the Nondevelopment Agreements for your review. Thank you for your consideration. Respectfully, Russell Hepworth EHri Engineers, Inc. cc: Brian M. McCoy General Partner of Golfview Associates - - Engineers, Inc. ~~~ ENGINEERS • SURVEYORS • PLANNERS Russ Hepwolrth Boise Office (208) 386-9170 • Cellular 866-2578 621 North College Rd, Suite 100 • Twin Falls, Idaho 83301 TELEPHONE (208) 734-4888 • FAX (208) 734-6049 621 North College, Suite 100 • Twin Falls, Idaho 83301 (208) 734-4888 FAX 734-6049 Westside Office Building, 5th St. and 1st Ave. Ketchum, Idaho 83340 • (208] 726-3578 ~,ir:.~..~~ ~' ~;~% A~ ~ a 0 ~u::e C~~'Y. ~~ ~~~~i NONDEVELOPMENT AGREEMENT This AGREEMENT, made and entered into this day of 1996, by and between Golfview Associates, an Idaho Limited Partnership, whose address is 180 Telemark, Ketchum, Idaho 83340 hereinafter referred to as "DEVELOPER, " and the CITY OF MERIDIAN, a municipality of the State of Idaho, acting by and through its Council Members, hereinafter referred to as "CITY. " WITNESSETH: WHEREAS, DEVELOPER is currently the Owner of all real property and subdivision lots contained in Ada County, Idaho recorded as Instrument No. records of Ada County, Idaho; and, WHEREAS, DEVELOPER de fires now to withhold development of street, utility and lot improvements and sale of Golfview #4 Lots 18-20 Block 6, Lots 14-27 Block 7, Lots 3-9 Block 8, Lots 1-6 Block 9 an ots 1-3 Block 10 in said Subdivision (hereafter "Undeveloped Lots") also described on attached Exhibit A: NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties of this agreement agree as follows: DEVELOPER, hereby agrees that no improvements will be installed in said Subdivision lots as required by the CITY, without the prior written permission of the CITY. If DEVELOPER desires to install any of the said improvements for said lots, then DEVELOPER shall submit a written request to the CITY which shall contain a detailed description of the limited improvements which are desired and estimated time and cost to complete such improvements. The CITY reserves the right to require: An irrevocable letter of credit or cash deposit Surety Agreement in amounts sufficient to secure the full and adequate performance of DEVELOPER upon such stated improvements and detailed construction plans if the DEVELOPER desires to sell lots prior to completion of required improvements: Such Surety deposits will be figured at the prevailing construction costs determined by the CITY. DEVELOPER herein agrees that when developer does desire to develop, the required improvements shall meet the City Standards and Specifications in effect at that time. DEVELOPER further agrees not to sell any of the above referenced lots in said Subdivision during the term of this agreement, or until a new irrevocable letter of credit or cash deposit Surety Agreement has been issued and delivered to the City, or until the required improvements of said Subdivision are completed in accordance with then current CITY standards and specifications. DEVELOPER acknowledges that this Agreement will be recorded with the County Recorder of Ada County, Idaho, to provide public notice to prospective purchasers of the temporary restraint on conveyancing. At such time as this Agreement terminates, the City agrees to release DEVELOPER from such restraint, and to duly file and record with the County Recorder of Ada County an appropriate release. DEVELOPER and CITY specifically understand and agree that for the purpose of this Agreement, the status of the undeveloped lots in said Subdivision will be as though plats thereof had not been filed, this Agreement is not intended and does not affect CITY requirements heretofore complied with by the DEVELOPER and obtained by said DEVELOPER ,except as expressly agreed to and contained in this Agreement. This agreement shall terminate on the 31st day of December 1998; When this agreement terminates, Developer shall have two years to complete development; if development is not completed on the 31st day of December , 2000, approval of the "undeveloped lots" portion of the plat shall be null and void and any further development of the property shall require additional approval; if the developer does not complete development on or before the above date, City shall record a statement that approval of the plat for the subdivision is null and void and that approval for the "undeveloped lots" portion of the subdivision has been voided. This Agreement shall be mute to the benefit of, and be binding upon, the heirs, executors, administrators, assistants and successors of the respective parties. IN WITNESS WHEREOF, the DEVELOPER ,has executed this Agreement at Meridian, Idaho, the day of , 199_. DEVELOPER CITY OF MERIDIAN Mayor STATE OF IDAHO) ss. County of Ada ) On this day of , 199_, before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the of ,the partnership that executed the foregoing grant easement, and acknowledged to me that he executed the same for and on behalf of said partnerhip, having lawful authority so to do. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at: My Commission Expires: (SEAL) STATE OF IDAHO) ss. County of Ada ) On this day of , 199_, before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be the Mayor of the City of Meridian that executed this instrument and the person who executed the said instrument on behalf of said City of Meridian, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at: My Commission Expires: (SEAL) EXHIBIT A property located in the SW 4 , Sec. 3. T.3 N., R.1 W., Boise Meridian. Ada County, Idaho, said property being more spe- cificolly described as follows: Beginning at a found brass cap monumenting the Southwest corner of said Section 3; thence along the Southerly line of said Section 3 South 89'14'51" East, 2645.03 feet to a found brass cap monumenting the South 1/4 corner of said Section 3: Thence continuing along said Southerly line North 89'14'51" West, 1373.08 feet to a found steel pin; thence along the westerly boundary of "Golf View Estates No. 3" as recorded in book 64, of plots at pages 6453 and 6454 Ado County Recorder's Office, North 00'45'09" East, 45.00 feet to a set brass cap monument, being the INITIAL POINT. Thence continuing along westerly boundary of said "Golf View Estates No. 3 Subdivision" South 00'45'09" West, 45.00 feet: Thence leaving the Westerly boundary of said "Golf View Estates No. 3 Subdivision," North 89'14'51" West, 248.28 feet along the Southerly section line; Thence leaving said Section line North 00'45'06" East, 968.91 feet; Thence North 51'47'31" East, 12.83 feet: Thence North 15'20'19" East, 135.17 feet; Thence North 12'30'00" East, 50.00 feet; Thence North 05'05'00" East, 324.10 feet; Thence South 89'18'03" East, 198.30 feet; Thence South 89'19'47" East, 76.70 feet, to the northwest corner of Lot 15, Block 6 of "Golf View Estates No. 2 Subdivision." As recorded in book 60, of plats at pages 5991 and 5992 Ada County Recorder's Office. Thence along the westerly boundary of said "Goff View Estates No. 2 Subdivision," the following courses and distances; South 00'41'57" West, 357.28 feet; South 01'36'19" West, 156.88 feet; South 55'11'21" East, 111.46 feet; Thence South 38'25'56" East, 96.03 feet, to the south corner of Lot 3, Block 7 of "Golf View Estates No. 2 Subdivision," said point also being on the westerly boundary of said "Golf View Estates No. 3 Subdivision." Thence olong the westerly boundary of "Goff View Estates No. 3 Subdivision," the following courses and distances; South 19'57'10" West, 67.65 feet; South 15'36'34" West, 111.33 feet; South 09'09'17" West. 110.88 feet: South 03'15'54" West, 114.04 feet; South 41'53'27" West. 119.13 feet; North 89'14'51" West, 44.46 feet; South 00'47'55" East. 110.04 feet; North 89'14'51" West, 64.55 feet; Thence South 00'45'09" West, 189.37 feet to the INITIAL POINT. NONDEVELOPMENT AGREEMENT ~r:~ 3 ;~ «,-y!am~ This AGREEMENT, made and entered into this -day of 1996, by and between Golfview Associates, an Idaho Limited Partnership, whose address is 180 Telemark, Ketchum, Idaho 83340. hereinafter referred to as "DEVELOPER, " and the CITY OF MERIDIAN, a municipality of the State of Idaho, acting by and through its Council Members, hereinafter referred to as "CITY". WITNESSETH: WHEREAS, DEVELOPER is currently the Owner of all real property and subdivision lots contained in Ada County, Idaho recorded as Instrument No. records of Ada County, Idaho; and, WHEREAS, DEVELOPER desires now to withhold development of street, utility and lot improvements and sale of Golfview #5 Lots 7-14 Block 9 and Lots 4-16 Block 10 in said Subdivision (hereafter "Undeveloped Lots") also described on attached Exhibit A: NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties of this agreement agree as follows: DEVELOPER, hereby agrees that no improvements will be installed in said Subdivision lots as required by the CITY, without the prior written permission of the CITY. If DEVELOPER desires to install any of the said improvements for said lots, then DEVELOPER shall submit a written request to the CITY which shall contain a detailed description of the limited improvements which are desired and estimated time and cost to complete such improvements. The CITY reserves the right to require: An irrevocable letter of credit or cash deposit Surety Agreement in amounts sufficient to secure the full and adequate performance of DEVELOPER upon such stated improvements and detailed construction -plans if the DEVELOPER desires to sell lots prior to completion of required improvements: Such Surety deposits will be figured at the prevailing construction costs determined by the CITY. DEVELOPER herein agrees that when developer does desire to develop, the required improvements shall meet the City Standards and Specifications in effect at that time. DEVELOPER further agrees not to sell any of the above referenced lots in said Subdivision during the term of this agreement, or until a new irrevocable letter of credit or cash deposit Surety Agreement has been issued and delivered to the City, or until the required improvements of said Subdivision are completed in accordance with then current CITY standards and specifications. DEVELOPER acknowledges that this Agreement will be recorded with the County Recorder of Ada County, Idaho, to provide public notice to prospective purchasers of the temporary restraint on conveyancing. At such time as this Agreement terminates, the City agrees to release DEVELOPER from such restraint, and to duly file and record with the County Recorder of Ada County an appropriate release. DEVELOPER and CITY specifically understand and agree that for the purpose of this Agreement, the status of the undeveloped lots in said Subdivision will be as though plats thereof had not been filed, this Agreement is not intended and does not affect CITY requirements heretofore complied with by the DEVELOPER and obtained by said DEVELOPER ,except as expressly ,agreed to and contained in this Agreement. This agreement shall terminate on the 31st day of December 1998; When this agreement terminates, Developer shall have two years to complete development; if development is not completed on the 31st day of December , 2000, approval of the "undeveloped lots" portion of the plat shall be null and void and any further development of the property shall require additional approval; if the developer does not complete development on or before the above date, City shall record a statement that approval of the plat for the subdivision is null and void and that approval for the "undeveloped lots" portion of the subdivision has been voided. This Agreement shall be mute to the benefit of, and be binding upon, the heirs, executors, administrators, assistants and successors of the respective parties. IN WITNESS WHEREOF, the DEVELOPER has executed this Agreement at Meridian, Idaho, the day of , 199_. DEVELOPER CITY OF MERIDIAN STATE OF IDAHO) ss. County of Ada ) Mayor On this day of , 199_, before me, the u~ for said County and State, personally appeared the of partnership that executed the foregoing grant easement, executed the same for and on behalf of said partnerhip, idersigned, a Notary Public in and known to me to be the and acknowledged to me that he having lawful authority so to do. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at: My Commission Expires: (SEAL) STATE OF IDAHO) ss. County of Ada ) On this day of , 199_, before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be the Mayor of the City of Meridian that executed this instrument and the person who executed the said instrument on behalf of said City of Meridian, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at: My Commission Expires: (SEAL) EXHIBIT A ' property locoted in the SW 4 , Sec. 3, T.3 N., R.1 W., Boise Meridian, Ada County, Idaho, said property being more spe- cifically described as follows: Beginning at a found brass cap monumenting the South 1/4 corner of said. Section 3; thence along the Southerly line of said Section 3 North 89'14'51" West, 2645.03 feet to a found brass cap monumenting the Southwest corner of said Section 3. Thence along the Westerly line of said Section 3 North 00'38'01" East, 1327.01 feet. Thence North 89'21'59" West, 194.95 feet to a set brass cop monument, being the INITIAL POINT. Thence North 89'21'59" West, 194.95 feet to the Westerly line of said Section 3; Thence along the Welsterly line of said Section 3 North 00'38'01" East, 151.88 feet. Thence leaving said Section line South 89'18'03" East, 1105.40 feet, to the Northwest corner of Lot 3, Block 11 of "Golf View Estates No. 4 Subdivision" as recorded in book of Plats, pages & Ada County Recorders office. Thence along the Westerly boundary of said "Golf View Estates No. 4 Subdivision," the following courses and distances; South 05'05'00" West, 324.10 feet; South 12'30'00" West, 50.00 feet; South 15'20'19" West, 135.17 feet; South 51'47'31" West, 12.83 feet; Thence North 77'30'00" West, 115.22 feet leaving the boundary of "Golfview Estates No. 4 Subdivision"; Thence North 63'10'00" West, 365.00 feet; Thence North 65'10'00" West, 428.01 feet to the INITIAL POINT. - M I Engineers, Inc: ENGINEERS /SURVEYORS /PLANNERS April 30, 1996 Meridian City Council Members City of Meridian 33 East Idaho Meridian, ID 83642 ~~~~ , ASR 3 0 S~~n C~~ ~~ ~~~:~<~~~ RE: Golfview Estates No. 4 and No. 5 Subdivisions Dear Council Members: IN THE FIELDS OF: PLANNING SURVEYING HIGHWAYS WATER SEWAGE STRUCTURAL SUBDIVISIONS BRIDGES ENVIRONMENTAL OUAUTY CONTROL CONSTRUCTION MGMT. This is a request to be placed on the agenda for the May 7, 1996 Meridian City Council Meeting for the approval of Nondevelopment Agreements for Golfview Estates No. 4 and Golfview Estates No. 5 Subdivisions. Attached herewith are copies of the Nondevelopment Agreements for your review. Thank you for your consideration. Respectfully, Russell Hepworth EHM Engineers, Inc. cc: Brian M. McCoy General Partner of Golfview Associates <: Engineers, Inc. u'~iu. ,, ENGINEERS • SURVEYORS • PLANNERS Russ Hepworth Boise Office (208) 386-9170 • Cellular 866-2578 • 621 North College Rd, Suite 100 • Twin Falls, Idaho 83301 TELEPHONE (208) 734-4888 • FAX (208) 734-6049 621 North College, Suite 100 • Twin Falls, Idaho 83301 (208) 734-4888 FAX 734-6049 Westside Office Building, 5th St. and 1st Ave. • Ketchum, Idaho 83340 • (208) 726-3578 NONDEVELOPMENT AGREEMENT tl~ ..,~~ -, r- :trtso This AGREEMENT, made and entered into this _ day of 1996, by and between Golfview Associates, an Idaho Limited Partnership, whose address is 180 Telemark, Ketchum, Idaho 83340 hereinafter referred to as "DEVELOPER, " and the CITY OF MERIDIAN, a municipality of the State of Idaho, acting by and through its Council Members, hereinafter referred to as "CITY. " WITNESSETH: WHEREAS, DEVELOPER is currently the Owner of all real property and subdivision lots contained in Ada County, Idaho recorded as Instrument No. records of Ada County, Idaho; and, WHEREAS, DEVELOPER de fires now to withhold development of street, utility and lot improvements and sale of Golfview #4 Lots 18-20 Block 6, Lots 14-27 Block 7, Lots 3-9 Block 8, Lots 1-6 Block 9 an ots 1-3 Block 10 in said Subdivision (hereafter "Undeveloped Lots") also described on attached Exhibit A: NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties of this agreement agree as follows: DEVELOPER, hereby agrees that no improvements will be installed in said Subdivision lots as required by the CITY, without the prior written permission of the CITY. If DEVELOPER desires to install any of the said improvements for said lots, then DEVELOPER shall submit a written request to the CITY which shall contain a detailed description of the limited improvements which are desired and estimated time and cost to complete such improvements. The CITY reserves the right to require: An irrevocable letter of credit or cash deposit Surety Agreement in amounts sufficient to secure the full and adequate performance of DEVELOPER upon such stated improvements and detailed construction plans if the DEVELOPER desires. to sell lots prior to completion of required improvements: Such Surety deposits will be figured at the prevailing construction costs determined by the CITY. DEVELOPER herein agrees that when developer does desire to develop, the required improvements shall meet the City Standards and Specifications in effect at that time. DEVELOPER further agrees not to sell any of the above referenced lots in said Subdivision during the term of this agreement, or until a new irrevocable letter of credit or cash deposit Surety Agreement has been issued and delivered to the City, or until the required improvements of said Subdivision are completed in accordance with then current CITY standards and specifications. DEVELOPER acknowledges that this Agreement will be recorded with the County Recorder of Ada County, Idaho, to provide public notice to prospective purchasers of the temporary restraint on conveyancing. At such time as this Agreement terminates, the City agrees to release DEVELOPER from such restraint, and to duly file and record with the County Recorder of Ada County an appropriate release. DEVELOPER and CITY specifically understand and agree that for the purpose of this Agreement, the status of the undeveloped lots in said Subdivision will be as though plats thereof had not been filed, this Agreement is not intended and does not affect CITY requirements heretofore complied with by the DEVELOPER and obtained by said DEVELOPER ,except as expressly agreed to and contained in this Agreement. This agreement shall terminate on the 31st day of December 1998; When this agreement terminates, Developer shall have two years to complete development; if development is not completed on the 31st day of December , 2000, approval of the "undeveloped lots" portion of the plat shall be null and void and any further development of the property shall require additional approval; if the developer does not complete development on or before the above date, City shall record a statement that approval of the plat for the subdivision is null and void and that. approval for the "undeveloped lots" portion of the subdivision has been voided. This Agreement shall be mute to the benefit of, and be binding upon, the heirs, executors, administrators, assistants and successors of the respective parties. IN WITNESS WHEREOF, the DEVELOPER ,has executed this Agreement at Meridian, Idaho, the day of , 199_. DEVELOPER CITY OF MERIDIAN Mayor STATE OF IDAHO) ss. County of Ada ) On this day of , 199_, before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the of ,the partnership that executed the foregoing grant easement, and acknowledged to me that he executed the same for and on behalf of said partnerhip, having lawful authority so to do. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at: My Commission Expires: (SEAL) STATE OF IDAHO) ss. County of Ada ) On this day of , 199_, before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be the Mayor of the City of Meridian that executed this instrument and the person who executed the said instrument on behalf of said Ciry of Meridian, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at: My Commission Expires: (SEAL) EXHIBIT A property located in the SW 4 , Sec. 3, T.3 N., R.1 W., Boise Meridian, Ado County, Idaho, said property being more spe- cifically described as follows: Beginning at a found bross cap monumenting the Southwest corner of said Section 3; thence otong the Southerly line of said Section 3 South 89'14'51" East, 2645.03 feet to a found brass cap monumenting the South 1/4 corner of said Section 3: Thence continuing along said Southerly line North 89'14'51" West, 1373.08 feet to a found steel pin; thence along the westerly boundary of "Goff View Estates No. 3" as recorded in book 64, of plats at pages 6453 and 6454 Ada County Recorder's Office, North 00'45'09" East, 45.00 feet to a set brass cap monument, being the INITIAL POINT. Thence continuing along westerly boundary of said "Golf View Estates No. 3 Subdivision" South 00'45'09" West, 45.00 feet; Thence leaving the Westerly boundary of said "Golf View Estates No. 3 Subdivision," North 89'14'51" West, 248.28 feet along the Southerly section line; Thence leaving said Section line North 00'45'06" East, 968.91 feet; Thence North 51'47'31" East, 12.83 feet; Thence North 15'20'19" East, 135.17 feet; Thence North 12'30'00" East, 50.00 feet; TFience North 05'05'00" East, 324.10 feet; Thence South 89'18'03" East, 198.30 feet; Thence South 89'19'47" East, 76.70 feet, to the northwest corner of Lot 15, Block 6 of "Golf View Estates No. 2 Subdivision. As recorded in book 60, of plats at pages 5991 and 5992 Ada County Recorder's Office. Thence along the westerly boundary of said "Golf View Estates No. 2 Subdivision," the following courses and distances; South 00'41'57" West, 357.28 feet; South 01'36'19" West, 156.88 feet; South 55'11'21" East, 111.46 feet; Thence South 38'25'56" East, 96.03 feet, to the south corner of Lot 3, Block 7 of "Golf View Estates No. 2 Subdivision," said point also being on the westerly boundary of said "Golf View Estates No. 3 Subdivision." Thence olong the westerly boundary of "Golf View Estates No. 3 Subdivision," the following courses and distances; South 19'57'10" West, 67.65 feet; South 15'36'34" West, 111.33 feet; South 09'09'17" West, 110.88 feet; South 03'15'54" West, 114.04 feet; South 41'53'27" West. 119.13 feet; North 89'14'51" West, 44.46 feet; South 00'47'55" East, 110.04 feet; North 89'14'51" West, 64.55 feet; Thence South 00'45'09" West, 189.37 feet to the INITIAL POINT. .,~ NONDEVELOPMENT AGREEMENT ~s, pi ~ a ~~`~~ ;~ ~rt ~ ~ `~Ji a ........ate':.. i This AGREEMENT, made and entered into this _ day of 1996, by and between Golfview Associates, an Idaho Limited Partnership, whose address is 180 Telemark, Ketchum, Idaho 83340. hereinafter referred to as "DEVELOPER," and the CITY OF MERIDIAN, a municipality of the State of Idaho, acting by and through its Council Members, hereinafter referred to as "CITY". WITNESSETH: WHEREAS, DEVELOPER is currently the Owner of all real property and subdivision lots contained in Ada County, Idaho recorded as Instrument No. records of Ada County, Idaho; and, WHEREAS, DEVELOPER desires now to withhold development of street, utility and lot improvements and sale of Golfview #5 Lots 7-14 Block 9 and Lots 4-16 Block 10 in said Subdivision (hereafter "Undeveloped Lots") also described on attached Exhibit A: NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties of this agreement agree as follows: DEVELOPER, hereby agrees that no improvements will be installed in said Subdivision lots as required by the CITY, without the prior written permission of the CITY. If DEVELOPER desires to install any of tl~e said improvements for said lots, then DEVELOPER shall submit a written request to the CITY which shall contain a detailed description of the limited improvements which are desired and estimated time and cost to complete such improvements. The CITY reserves the right to require: An irrevocable letter of credit or cash deposit Surety Agreement in amounts sufficient to secure the full and adequate performance of DEVELOPER upon such stated improvements and detailed construction plans if the DEVELOPER desires to sell lots prior to completion of required improvements: Such Surety deposits will be figured at the prevailing construction costs determined by the CITY. DEVELOPER herein agrees that when developer does desire to develop, the required improvements shall meet the City Standards and Specifications in effect at that time. DEVELOPER further agrees not to sell any of the above referenced lots in said Subdivision during the term of this agreement, or until a new irrevocable letter of credit or cash deposit Surety Agreement has been issued and delivered to the City, or until the required improvements of said Subdivision are completed in accordance with then current CITY standards and specifications. DEVELOPER acknowledges that this Agreement will be recorded with the County Recorder of Ada County, Idaho, to provide public notice to prospective purchasers of the temporary restraint on conveyancing. At such time as this Agreement terminates, the City agrees to release DEVELOPER from such restraint, and to duly file and record with the County Recorder of Ada County an appropriate release. DEVELOPER and CITY specifically understand and agree that for the purpose of this Agreement, the status of the undeveloped lots in said Subdivision will be as though plats thereof had not been filed, this Agreement is not intended and does not affect CITY requirements heretofore complied with by the DEVELOPER and obtained by said DEVELOPER ,except as expressly agreed to and contained in this Agreement. This agreement shall terminate on the 31st day of December 1998; When this agreement terminates, Developer shall have two years to complete development; if development is not completed on the 31st day of December , 2000, approval of the "undeveloped lots" portion of the plat shall be null and void and any further development of the property shall require additional approval; if the developer does not complete development on or before the above date, City shall record a statement that approval of the plat for the subdivision is null and void and that approval for the "undeveloped lots" portion of the subdivision has been voided. This Agreement shall be mute to the benefit of, and be binding upon, the heirs, executors, administrators, assistants and successors of the respective parties. IN WITNESS WHEREOF, the DEVELOPER has executed this Agreement at Meridian, Idaho, the day of , 199_. DEVELOPER STATE OF IDAHO) ss. County of Ada ) CITY OF MERIDIAN Mayor On this day of , 199_, before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the of ,the partnership that executed the foregoing grant easement, and acknowledged to me that he executed the same for and on behalf of said partnerhip, having lawful authority so to do. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate -first above written. Notary Public for Idaho Residing at: My Commission Expires: (SEAL) STATE OF IDAHO) ss. County of Ada ) On this day of , 199_, before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be the Mayor of the City of Meridian that executed this instrument and the person who executed the said instrument on behalf of said City of Meridian, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at: My Commission Expires: (SEAL) EXHIBIT A property located in the SW 4 , Sec. 3, T.3 N., R.1 W., Boise Meridian, Ada County, Idaho, said property being more spe- cifically described as follows: Beginning at a found brass cap monumenting the South 1/4 corner of said Section 3; thence along the Southerly line of said Section 3 North 89'14'51" West, 2645.03 feet to a found brass cap monumenting the Southwest corner of said Section 3. Thence along the Westerly line of said Section 3 North 00'38'01" East, 1327.01 feet. Thence North 89'21'59" West, 194.95 feet to a set brass cap monument, being the INITIAL POINT. Thence North 89'Z1'59" West, 194.95 feet to the Westerly line of said Section 3: Thence along the Welsterly line of said Section 3 North 00'38'01" East, 151.88 feet. Thence leaving said Section line South 89'18'03" East, 1105.40 feet, to the Northwest corner of Lot 3, Block 11 of "Golf View Estates No. 4 Subdivision" as recorded in book of Plats, pages & -Ada County Recorders office. Thence along the Westerly boundary of said "Golf View Estates No. 4 Subdivision," the following courses and distances; South 05'05'00" West, 324.10 feet; South 12'30'00" West, 50.00 feet; South 15'20'19" West, 135.17 feet; South 51'47'31" West, 12.83 feet; Thence North 77'30'00" West, 115.22 feet leaving the boundary of "Golfview Estates No. 4 Subdivision"; Thence North 63'10'00" West, 365.00 feet: Thence North 65'10'00" West, 428.01 feet to the INITIAL POINT. SUBDIVISION EVALUATION SHEET Proposed Development Name GOLF VIEW ESTATES NO. 5 City MERIDIAN Date Reviewed B/14/96 Preliminary Stage Final ~(XXXX Engineer/Developer~HM Et~gr Inc / Golfview Assoc. The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Meridian City Street Name Ordinance. "WEST CHERRY LANE" "NORTH BLACK CAT ROAD" "NORTH SILVERLEAF PLACE" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTE NCY P ESENTATIVES OR DESIGNEES Ada County Engineer John Priester ... Date ~ ~ f~ Ada Planning Assoc. Terri Raynor" Date City of Meridian Representative D Date 3~/S~ YC~ Meridian Fire Distict Representative ~~~'`~~Date ~ ~-/.S ~ V NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index 3N 1 W 03 Section NUMBERING OF LOTS AND BLOCKS not~poroved ~~~~~~~/~~ SUBDIVISION EVALUATION SHEET Proposed Development Name GOLF VI W ESTATES in 4 City MERIDIAN Date Reviewed_ 3/14/ 6 Preliminary Stage Final XXXXX Engineer/Developer EHM Enar Inc / GolfviQw Assn The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Meridian City Street Name Ordinance. ~~ "WF_~T_WHITE Q~H nRniF^ the following new r nam ar aRoroved and hall aRoear on hP nlat a~ "WEST RED GRAS O 1RT" "WEST WHIT RIR(`N ('(~IIRT" " ~; t51' it 1 ff I i ~ ~ Vic' N ~,m _ ~ 1/~- u ,.' j _ ~vUlz11-~ C~YG'LY' /l FU! i. ?d Y~~ The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITI Ada County Engineer Ada Planning Assoc City of Meridian Meridian Fire Distict John Priester Terri Raynor Representati~ Representati~ IVES OR DESIGNEES Date -3 ~~ Date 1 cI (o Date 3 ~ Q Date -` ~S~ `'~ NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index 3N 1 W 0~ Section / ,~ NUMBERING OF LOTS AND BLOCKS _no~ap ed ~l1/.1srf~~ ~d ~ ~ _ ~~~ !s Cc ~~~~~0~ OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Perks Supt. SHARI S. STILES, P b Z Adm. KENNETH W. BOWERS, Flre Chief W. L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888--0433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 6 Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: May 9 1995 TRANSMITTAL DATE: 4/24/95 HEARING DATE: 5/16/95 ~~~`6/P~~ REQUEST:Two year time extension on recordingfinal plat for Golf ~Cw~No. 4 &~ 5 BY: Golf View Estates Limited Partnership LOCATION OF PROPERTY OR PROJECT: East of Black Cat Road and North of Cherry Lane JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: CITY OF ME::IDIAN 33 East Idaho Street. Meridian. ID 83642 VARIANCE APPLICAT~ (RE: Meridian Zoning Ordinance) GaLF ~JaEw A~oclArrES L,w„TEO l~A~l.=E2SIi~(~ NAME: 3sz,A,y t-'taCey ' Ca~N£Ra~ i~F1f2rNE~ 5 ras3naaD CceQ , Phone:~~A; ~ z c~ - ~ 133 (Owner or holder of valid option) ADDRESS: +~ O 8a x 3 SI U Ks'~~ M ~ zn A ~ A334U GENERAL LOCATION : ~ ES'j" GA6RQV L~ £ a LA ck CAT Rd i`~ EQ, o, AN SO LEGAL DESCRIPTION OF PROPERTY: a '' °~ ^ -~ nF rr~~ Sw4 SEc.-n°ti3~ T.3N. ~R.IW.~ 13p,Sc M62,D-AN,ADA CUtSMN~S.D PROOF OF n RSHTP OF VALID OPTION: A copy of your propesty decd or option agreement must be attached. PRESENT ZONE CLASSIFICATION: ~ ' 4 YICIIJI'TY SgETCH: A vicinity map and/or site plan at a scale approved by the City showing property lines, streets existing and proposed zoning and such other items as the City may require. SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses within, contiguous to, directly across the street from, and within a 300' radius of the parcel(s) pmmc>4ed for a variaace must be attached. (T~s information is available from the County Assessor.) DESCRIPTION OF PROPOSED VARIANCE: /~ ~ a ~Z~ YERi2 -r~ m E ~xTEIVSfl~a Ta ~,~CA2p THE f',NA~I. ~C.~4T5 c~F G,OLF Vl~w E~.~,q°r-~~ ~ ~' ,4ND GnLF V! ~•-~ CSTf~TE~ O $ Su3D~vlS,onSS SIGNATURE: Date Received City Coancil Hearing Date Received by ~ a . ~ ~r~r` '`~~. ' ' ~ , f ~ EX:II~'~T rr~rr • .~i ;_~: TQWNSITYpN QF' THE E' ,nS ~' ciALF Or bESO,RZBEp3 NCIRTH F~A.'~GE Z 'r,'EET~ T~QrSOUTH~JES?' AS FOL,L~7j~S: SE b1~RZD2,~,~UARTEK SEc,~YpN 3 GOPU'dENCZT(G AT T ADA rQUr~Ty. =~A,j;O THE SQUTHW$ST HE NOI2THW~'c.-, ~^0 ~`O~'NSH' QUA,'i a SR ..,..~ t R+'~cl~ pF xHF, S (SFrI %~ OF SPIZ/4~ OF OU7'NEAST xN ADA flt~UNTyS(~) Ir'C?R'TX;. RINGS, ~ SRC'1'2 ,.,, Q~'AR.ER OH NaRTH TWO CAFE pN ~ HREr'. { ~ ~ ID.r1r:G'. ThEN'pz.` C~~' AND ~ { .~, } bJEE T m FAST ~QRTY ~7~I.OCJ rN,~ jHE 30iS~ i~1E.~'~D.:.-'•.~' (~Q) RQDS • zNS; '7'u$NCE SOUTH mW0 AND ~7~Ipp, 'x'FiENCE SAST mWENTY (2D ~ RODS~~r`~}S; fiI-:RNCE SOUTH EICHTy ($0 ~ THE:YCS RODS: N ORTfi SEIGHTY ~ Q ~ RODSTHENCE CL ($0) ~2CbS Tp 'I'tiE rL,~,CE OF EEGI • , N~ING, ,,• ' - AptoneeiCompan7 s. , ; ~' ,~., . ,~• , ::PTONEiR TI1`LE CUT~IPAI`1Y ~~, ~ _~± _A~ - OF AnACOUN'T1' 888 North Cclc Roar! J Boise, Idaho 83704 / Telephone (208) 37,' %Oi) WARRANTY DEE1J fcottrot~-ri?. rotuYt) a ~prt~oratton INC. 0:5247 BOLE, ID NEW CONCEPTS DEVELOPERS, ,StalcoEtc;a!io, organized and existing under the laws of the State cf Idaho, with its principal e!rice at P n0 B LIMITF_D F'ARTNERSH I P of rounly of ADA 83711 arid,*,r,r~t2~2?.i~TSTO :,CLFV;.EW ASSOGI-.TE5 grantor, hereby GONVEY5 or GR.F'1`!'ts ~ IDAHO LI"SI'PED PAP,TNE1tSHIP grantee • for the Sum of TEN AND O'S'IER JALLABLE CONSIDE'RATXCN---~----.."---~--- County,State of ida6o: the following described t. act(s) of land in 5E5 ATTACHED E};.ItIBIT "A" FOR LEGAL DESCRIPTION ',~'tjlC" ItX THIS R.EFERc.NCE i.. INCORPORATED HEREIN. . .r ~TMJ t i%+ cy_!f_~ v - ~ ""' Street Location of abovo described property House No• officerswhosignthisdcedhercbycerti~~ thantlh~s~~~ grantor area lae;f ~~n~etil a`!1"~y !'°'d "'d °1Y`endcJrUy a The under a rusolut:on duly adopted by the board of clir..c. quorum. ereoE the gtar_tor i:as caused its corporate ~ me sad s'al to b~ he: "-ont° affixeri by its duly a°t!~urized In witness wh day of ~ A.D.1. officers this _-NEW CONC OPTS UE~IEL/gDPE~ (CURpGRATIr N 1r} . ~. 8Y: Y PRESIDENT '--~rARY IDAHO hCounty of-: -- STATE. ~I'- - J I /~/c~--- lrefere nr~ Th_.--E- UNJ°F'SICNED .-.--b1ic„cr- II L- r,in lha near of_L__ ---~--+ , a notary p l On this-~: day of ~u~ _' „-~------ ~ any', acknu'"fcJgo,I i ~--_: -~-~, M GHP i known or identi!:,c ~ :~ me to be the person-`"~10 execurcd the instrument vn beit~f o[ said corpora io". ` sonally appearea.~-=~-• i, to me that such corporation executed the same. ~ _ NOlary.+nllbtiC: ~-+~ Residing at: O~ ~-~ ~-- AH -_--------1"-'- ~-- My Commission Expires. d - 5' 9 ~ ---~-+ --~-__.---- i ;~~~: A ~~ ~ ~~1 O ;~,, N u :- -- ~ I I ~~s~H~iH~~~• n N 0 U /1 S a~ `/ N N v .~ y y _ N. GREE VFlELD E ~/tr~ ~„ c O > - WN rn ~ a ~ ~ ~_ _._.rn~_ T W°~ .-1 .. I ~ _ I N I p~~ ~/ ~v~, ~ _ _ :r ®~ ~___. . ' U 0 Fi SUS M,Tr ~ ; „` ~ r --- ~1 o t ` I ~ _ v ~(' ~ ~ N ~ t ~~ a _ . ~. ~ .~ r~~ i E QAK h ~`' ti ,_ ~ ,~ ~ m ~ ra I n ~~ ~ J . '~ ~~~ i ~. ~1 `~ 6' ,~ N ~~ -~, MERIDIAN CITY COUNCIL MEETING: MAY 16.1995 APPLICANT GOLF VIEW ESTATES PARTNERSHIIP ITEM NUMBER; 9 REQUEST; REQUEST FOR A VARIANCE FOR A TWO YEAR TIME EXTENSION ON RECORDING FINAL PLAT FOR GOLF VIEW N0.4 ~ 5 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION; SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian OFFICIALS WlLLiAM G. BERG, Jr., Clty Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P b Z Adm. KENNETH W. BOWERS, FlreChlef W. L. "BILL" GORDON, Police Chef WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (ZO8) 888-4433 • FAX (208) 887.4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P b Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TtM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations. will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: May 9, 1995 TRANSMITTAL DATE: 4/24/95 HEARING DATE: 5/16195 REQUEST:Two vear time extension on recording final plat for Golf View No 4 ~ 5 BY: Golf View Estates Limited Partnership LOCATION OF PROPERTY OR PROJECT: East of Black Cat Road and North of Chenv Lane JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT '~ POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMAT ELIM & FINAL PLAT) CITY FILES OTHER: ~ _ S YOUR CONCISE REMARKS: OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANtCE L. GASS. Clly Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste WeterSupt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P b Z Adm. KENNETH W. BOWERS, Flre Chief W. L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-221 I GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 6 Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARUEROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: Ma 9 1995 TRANSMITTAL DATE: 4/24/95 HEARING DATE: 5/16195 REQUEST:Two veer time extension on recording final plat for Goif View No 4 ~ 5 BY:_ Golf View Estates Limited Partnership LOCATION OF PROPERTY OR PROJECT: East of Black Cat Road and North of Cherrv Lane JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C1C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM ~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM ~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES , OTHER: ~ ~ `7 ~ ~S YOUR CONCISE REMARKS: rah 1 ~ -,-L t.c3 ~ h. ~ f e ru s i v~ *i w°~ ~ a APR 2 ~ 1995 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN ~~ ~ ~ Olr ~+~,~~I~It~., C%1,~.,~~--- CENTRAL •• DISTRICT HEALTH DEPARTMENT Rezone # Conditional Use # REVIEW SHEET Environmental Health Division Preliminary /Final /Short Plat ~Tdr~~ ~X/~~Si a,~.~ Return to: ^ Boise ^ Eagle ^ Garden city ,Meridian ^ Kuna ^ Acz ^ I . We have Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 9. Street Runoff is not to create a mosquito breeding problem. ^ 10. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ I I. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store /`~13. `~.'L: ~~9-vE /~~~' ~v'u ~~-C~`-7 ~-..~,5' /~'Ok~.l~~s^ ~c= Date: ~,/~~ / ~'~ v ' Gir!~S ~/~ ~~/'-~ d/~4-~~~ •fiNA-~~cN`r Reviewed By: ~~ s`/z~.~/ c- i/~u,~e r Gti'.= ~-~i'9~~Crv.v tDHD 10/91 rcb, rev. 11/93 jll S s CENTRAL ~• DISTRICT 'HEALTH DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG Pl. • BOISE. ID. 83104-0825 • (208) 375.5211 • FAX: 321-8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. STORMWATER MANAGEMENT RECOMMENDATIONS We recommend that the first one .half inch of stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with -the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 19892 2) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT 3) CALIFORNIA BEST MANAGEMENT PRACTICE HANDBOOK Prepared by Camp Dresser and McKee, Larry Walker Assoc. , Uribe and Assoc. , Resources Planning Assoc. , for the Stormwater Quality Task Force 4) URBAN STORM DRAINAGE CRITERIA MANUAL Volume 3, Best Management Practices Stormwater Quality Urban Drainage and Flood Control District, Denver, Colorado Serving Valley, Elmore, Boise, arui Ada Counties Ada I Boise County Office WIC Boiss • Meridian Elmore County Office Elmore County Office Valley County Office 701 N. Armstrong PI. 1606 Robert SL 520 E. 8th Sheet N. of Environmenfd Heofih P.O. Box 1448 Boise. ID. 83104-0825 Bose, ID. 83705 Mounton Home, ID. 190 S. 4th Sheet E. McCc9, ID. 83638 Erwiro. Health: 32J-1499 Ph. 334-335,5 83647 Ph 587.4401 Mountain Home, ID. Ph. 634.7194 Fomdy P!onnuig: 321.1:00 324 Meridian Rd. 83647 Ph. 587-9225 Immun¢atiors: 321-7450 Nutrition 327.1460 Meridian, ID. 83642 Ph. 888525 'NIC: 327-7488 ~~ HUB OF TREASURE VALLEY ~ coufvclL MEMBERs OFFICIALS RONALD R. TOLSMA WILLIAM G. BERG, Jr., city Clark A Good Place to Live MAX YERRINGTON JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E. City Engineer CITY OF MERIDIAN ROBERT D. CORRIE WALT W. MORROW BRUCE D. STUART, Water Works Supt. P 6 Z COMMISSION JOHN T. SHAWCROFT, Weate Weter Supt. DENNIS J. SUMMERS, Parka supt. 33 EAST IDAHO J IM JOHNSON, Chairman SHARI S. STILES, P 6 Z Adm. MERIDIAN, IDAHO 83642 MOE ALIDJANI JIM SHEARER KENNETH W. BOWERS, Fire Chief W. L. "BILL" GORDON, Police Chief Phone (20$) 888-0433 • FAX (208) 887-4813 r--. ' ~ r ~ ^'~ rf r ~'~ /~ f~ f CHARLIE ROUNTREE TIM HEPPER WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Department (208) 887-221 I ~ ~ ~ ~ ;~ 'vJ, ~i L~ GRANT P. KINGSFORD ~ ~ ~~~ ~~~~ Mayor NAMPA ~ MtRIJiAN IRRIGATION DISTRICT TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Haii, Attn: Wili Berg, City Clerk by: May 9, 1995 TRANSMITTAL DATE: 4!24/95 HEARING DATE: 5/16/95 REQUEST:Two Xear time extension on recording final plat for Golf View No. 4 ~ 5 BY: Golf View Estates Limited Partnership LOCATION OF PROPERTY OR PROJECT: East of Black Cat Road and North of Chevy Lane JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P2 ADA COUNTY HIGHWAY DISTRICT ~~-,;h~` ~_ , ,,,:.:as CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH ~°"'' GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C S SETTLERS IRRIGATION DISTRICT ~. e a .~,;, ;~,L,~~~~Ar . BOB CORRIE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM ~ FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: Nampa & Meridian Irrigation POLICE DEPARTMENT District's Safford Lateral courses along the north CITY ATTORNEY boundary of the project. The right-of-way of the Safford CITY ENGINEER Lateral is 45 feet: 30 feet to the right and 15 feet to the CITY PLANNER left of center facing downstream. See Idaho Code 42-1208- RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POSSESSION. The developer must contact John Anderson or Bill Henson at 466-0663 or 345-2 431 for approval before any encroachment or change of right- of-way occurs. This District re quires that a Land Use Change/Site Develo8ment application be filed for review rior to final lattin Contact Donna Moore at 343-1884 or 466-7861 for further >_n ormation. All laterals and waste ways must be protected. Municipal surface drainage must be retained on site. If any surface drainage leaves the site, Nampa & Meridian Irrigation District must review drainage plans. It is recommended that irrigation water be made available to all developments within this District. /i~ enson, Assistant Water Superintendent Nampa & Meridian Irrigation District MERIDIAN CITY COUNCIL MEETING: JUNE 20 1995 APPLICANT GOLF VIEW ESTATES PARTNERSHIP ITEM NUMBER; 4 REQUEST; FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: FINDNGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE MERIDIAN CITY COUNCIL APPTLICA~ION OF GOLD VIEW ASSOCIAT88. LIM~TL''D PARTNERSHIP FOR A VARIANCE FROM THE 1 -9-604, I. 1. RECORDING OF F,?NAI~PLAT ~`i~R GOLD VIEW .STATES 4 AND 5 FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for consideration on May 15 and again on June 6, 1995, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Sall, 33 East Idaho Street, Meridian, Idaho, and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the request for a variance from 11-9-604 I 1., which requires that the final plat be filed with the County Recorder within one year after written approval by the City Council was published for two consecutive weeks prior to the scheduled hearing for June 6, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 6, 1995, hearing; that copies of all notices were available to newspaper, radio and television stations. 2. That notice of public hea=ing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-2-416 E., 11-2-419 D., and 11- 9-612 B. l.b. of the Revised and Compiled Ordinances of the City of FINDINGS OF FACT & CONCLUSIONB OF LAW - GOLF' VIS'FT VARIANCE F'ag® 1 Meridian; that this requirement has been met. 3. That Ordinance 11-9-604 I 1., requires that the final plat be filed with the County Recorder within one year after written approval by the City Council, otherwise such approval shall become null and void, unless prior to said expiration date an extension of time is applied for by the applicant and granted by the council. 4. That the Applicant has requested to be granted a variance from the above filing and recording requirement; that Russ Hepworth testified at the May 16, 1995, hearing stating that approval of the final plats was granted by the City Council on July 6, 1993; that because of slow sales and the reconstruction of Cherry Lane there has been a delay in construction; that he stated that he was requesting a two year extension subject to the conditions that are already on the final plats. 5. The entire property in question is described in the subdivision application and is incorporated herein as if set forth in full. 6. That the Applicant is the property owner. 7. That no people appeared at the hearing objecting to the variance application; that the Meridian Fire Department commented that it did not have a problem with the variance but two years was a long time; that the Central District Health Department had no objections; that the Nampa & Meridian Irrigation District commented on the variance application but its comments related to the Safford Lateral. FINDINGS OF FACT & CONCLUSIONS OF LAW - GOLF VIEW VARIANCE Page 2 S. That the Ordinance requires that the plat be recorded within one year of final plat approval; that since the plats were approved on July 6, 1993, the plats should have been recorded on or before July 6, 1994; that the ordinance also states that any request for an extension must be filed with the zoning administrator prior to the lapse of the original one y®ar. 9. That proper notice was given as required by law and all procedures before the City Council have been given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice of hearing on the proposed variance to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City has authority to grant variances pursuant to Section 11-2-419 of the Zoning Ordinance and pursuant to Section 11-9-612 of the Development Ordinances. 3. .That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Subdivision and Development Ordinance and upon the record submitted to it and the things upon which it may take judicial notice. 4. That the Council may take judicial notice of its own proceedings, those of the Planning and Zoning Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That the following provision of Section 11-$-612 A. 1., FINDINGS OF FACT ~ CONCLUSIONS OF LAW - GOLF VIE1~T VARIANCE Page 3 _~ of the Zoning Ordinance is noted which is pertinent to the Application: 11-9-612 A. 1. P POSE The Council, as a result of unique circumstances (such as topographic - physical limitations or a planned unit development), may grant variances from the provisions of this Ordinance on a finding that undue hardship results from the strict compliance with specific provisions or requirements of the Ordinance or that application of such provision or requirement is impracticable. 6. That the specific requirements regarding a variance that must be evidenced and found by the City Council are as follows: 11-9-612 A. 2., FIB No variance shall be favorably acted upon by the Council unless there is a finding, as a result of a public hearing, that all of the following exist: a. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would clearly be impracticable or unreasonable; in such cases, the subdivider shall first state his reasons in writing as to the specific provision or requirement involved; b. That the strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the subdivider because of unusual topography, other physical conditions or other such conditions which are not self- inflicted, or that these conditions would result in inhibiting the achievement of the objectives of this Ordinance; c. That the granting of the specified variance will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated; d. That such variance will not violate the provisions of the Idaho Code; and e. That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Plan. FINDINaB OF FACT ~ CONCLU3ION8 OF LAW - t30LF VIEW VARIANCE Pags 4 7. That there does appear to be a specific benefit or profit, economic gain or convenience to the Applicant in that if the variance is not granted the Applicant would be required to go through the platting procedure again; that the Applicant could have recorded the plats within one year of July 6, 1993, but then under 11-9-616 it would have one year to commence construction and an additional year to complete construction; that there have been no significant subdivision and development ordinance changes to require additional requirements that were not in effect when the subdivisions were approved. 8. That regarding Section 11-9-612 A. 2. it is specifically concluded as follows: a. That there are no special circumstances or conditions affecting the property that the strict application of the provisions of 11-9-604 I 1. would clearly be unreasonable. b. That strict compliance with the requirements of the 11-9- 604 I 1., Approval Period, would not result in extraordinary hardship to the applicant as a result of factors not self-indicted, but since there have been no significant Subdivision and Development Ordinances changes which could be avoided if the variance was granted, it does make reasonable sense to grant the variance. c. That the granting of a variance would not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated. d. That the variance would not have the effect of altering the interests and purposes of the recording requirement or the Meridian Comprehensive Plan. 9. That it is concluded the Application for a variance should be granted, but the Applicant must record the plat on or before June 20, 1995, and the requirements of 11-9-616 shall be FINDINC~B OF FACT ~ CONCLUSIONS OF LAW - GOLF VIEW VARIANCE Pag® 5 complied with. 10. That the granting of this variance, or any variance, is on a case by case evaluation and the granting of this variance shall not be considered as setting a precedent; each application must mtand on its own merits and the granting of one variance is not a precedent for granting others. 11. That the granting of this variance is only for the recording requirement and all other ordinances of the City of Meridian must be met and complied with. APP1tOVAL OF FINDINGS OF FACT AND CONCLUBIONB The City Council of the City of Meridian does her®by approve these Findings of Fact and Conclusions. ROLL CALLS COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) DECISION VOTED .~_ VOTED -._,_ VOTED~~ VOTED VOTED -~_ That it fa decided the variance from the 11-9-604 I 1. is hereby granted and the plat must be r®eorded on or before June 20 1996; that this then is an extension of approximately two years of the time requirements of 11-9-604 I 1. APPROVEDs DISAPPROVED: ~_ FINDINGS OF FACT i COI~CLUBIONB OF LA1+i - GOLF VIE'N VARIANCE Page 6 MERIDIAN CITY COUNCIL MEETING: JUNE 20 1995 APPLICANT GOLF VIEW ESTATES PARTNERSHIP ITEM NUMBER; 4 REQUEST; FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: FINDNGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. BEFORE T88 MERIDIAN CITY COUNCIL APPLICATION OF GOLD VIEW ASSOCIA_,^,TE~, LIMITED PARTNERSHIP FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for consideration on May 15 and again on June 6, 1995, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the request for a variance from 11-9-604 I 1., which requires that the final plat be filed with the County Recorder within one year after written approval by the City Council was published for two consecutive weeks prior to the scheduled hearing for June 6, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter wad duly considered at the June 6, 1995, hearing; that copies of all notices were available to newspaper, radio and television stations. 2. That notice of public hearing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-2-416 E., 11-2-419 D., and 11- 9-612 B. l.b. of the Revised and Compiled Ordinances of the City of FINDINGS OF FACT S CONCLUSIONS OF LAW - GOLF VIEW VARIANCE Ps~e 1 Meridian; that this requirement has been met. 3. That Ordinance 11-9-604 11., requires that the final plat be filed with the County Recorder within one year after written approval by the City Council, otherwise such approval shall become null and void, unless prior to said expiration date an extension of time is applied for by the applicant and granted by the council. 4. That the Applicant has requested to be granted a variance from the above filing and recording requirement; that Russ Hepworth testified at the May 16, 1995, hearing stating that approval of the final plats was granted by the City Council on July 6, 1993; that because of slow sales and the reconstruction of Cherry Lane there has been a delay in construction; that he stated that he was requesting a two year extension subject to the conditions that are already on the final plats. 5. The entire property in question is described in the subdivision application and is incorporated herein as if set forth in full. 6. That the Applicant is the property owner. 7. That no people appeared at the hearing objecting to the variance application; that the Meridian Fire Department commented that it did not have a problem with the variance but two years was a long time; that the Central District Health Department had no objections; that the Nampa & Meridian Irrigation District commented on the variance application but its comments related to the Safford Lateral. FINDINGS OF FACT & CONCLUSIONS OF LAW - GOLF' VIEW VARIANCE Page 2 8. That the Ordinance requires that the plat be recorded within one year of final plat approval; that since the plats were approved on July 6, 1993, the plats should have been recorded on or before July 6, 1994; that the ordinance also states that any request for an extension must be filed with the zoning administrator prior to the lapse of the original one y®ar. 9. That proper notice was given as required by law and all procedures before the City Council have been given and followed. CONCLU8ION8 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice of hearing on the proposed variance to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City has authority to grant variances pursuant to Section 11-2-419 of the Zoning Ordinance and pursuant to Section 11-9-612 of the Development Ordinances. 3. .That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Subdivision and Development Ordinance and upon the record submitted to it and the things upon which it may take judicial notice. 4. That the Council may take judicial notice of its own proceedings, those of the Planning and Zoning Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That the following provision of Section 11-9-612 A. 1., FINDINGS OF FACT i CONCLUSIONB OF LAW - GOLF' VIEW VARIANCE Page 3 of the Zoning Ordinance is noted which is pertinent to the Application: 11-9-612 A. 1. PURPOS The Council, as a result of unique circumstances (such as topographic - physical limitations or a plann®d unit development), may grant variances from the provisions of this Ordinance on a finding that undue hardship results from the strict compliance with specific provisions or requirements of the Ordinance or that application of such provision or requirement is impracticable. 6. That the specific requirements regarding a variance that must be evidenced and found by the City Council are as follows: 11-9-612 A. 2., FINDINQS No variance shall be favorably acted upon by the Council unless there is a finding, as a result of a public hearing, that all of the following exist: a. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would clearly be impracticable or unreasonable; in such cases, the subdivider shall first state his reasons in writing as to the specific provision or requirement involved; b. That the strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the subdivider because of unusual topography, other physical conditions or other such conditions which are not self- inflicted, or that these conditions would result in inhibiting the achievement of the objectives of this Ordinance; c. That the granting of the specified variance will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated; d. That such variance will not violate the provisions of the Idaho Code; and e. That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Plan. FINDINC~B OF FACT ~ CONCLUSIONS OF LAW - GOLF VIEW VARIANCE Psi 4 7. That there does appear to be a specific benefit or profit, economic gain or convenience to the Applicant in that if the variance is not granted the Applicant would be required to go through the platting procedure again; that the Applicant could have recorded the plats within one year of July 6, 1993, but then under 11-9-616 it would have one year to commence construction and an additional year to complete construction; that there have been no significant subdivision and development ordinance changes to require additional requirements that were not in effect when the subdivisions were approved. 8. That regarding Section 11-9-612 A. 2. it is specifically concluded as follows: a. That there are no special circumstances or conditions affecting the property that the strict application of the provisions of 11-9-604 I 1. would clearly be unreasonable. b. That strict compliance with the requirements of the 11-9- 604 I 1., Approval Period, would not result in extraordinary hardship to the applicant as a result of factors not self-inflicted, but since there have been no significant Subdiv3.sion and Development Ordinances changes which could be avoided if the variance was granted, it does make reasonable sense to grant the variance. c. That the granting of a variance would not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated. d. That the variance would not have the effect of altering the interests and purposes of the recording requirement or the Meridian Comprehensive Plan. 9. That it is concluded the Application for a variance should be granted, but the Applicant must record the plat on or before June 20, 1995, and the requirements of 11-9-616 shall be FINDINGS OF FACT ~ CONCLUSIOI~B OF LAW - GOLF VIEW VARIANCE Page 5 i ~ r~ complied with. 10. That the granting of this variance, or any variance, is on a case by case evaluation and the granting of this variance shall not be considered as setting a precedent; ®ach application must stand on its own merits and the granting of one variance is not a precedent for granting others. 11. That the granting of this variance is only for the recording requirement and all other ordinances of the City of Meridian must be met and complied with. APP1tOVAL OF FINDIN~3~B OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby approve these Findings of Fact and Conclusions. ROLL CALLS COUNCILMAN MORROW VOTED~_ COUNCILMAN YERRINGTON VOTED COUNCILMAN CORRIE VOTED___,__„_ COUNCILMAN TOLSMA VOTED____,,,___ MAYOR KINGSFORD (TIE BREAKER) VOTED DECISION That it is decided the variance from the 11-9-604 I 1. is hereby granted and the plat must be recorded on or before June 20, 1996; that this then is an extension of approximately two years of the time requirements of 11-9-604 11. APPROVED :, DISAPPROVED:~_ FINDINC~8 OF FACT i CONCLUSIONS OF LAW - GOLF VIEN VARIANCE Ike 6 CENTRAL •• DISTRICT ~11"HEALTH DEPARTMENT MAIN OFFICE • 101 N. ARMSTRONG Pl. • BOISE. ID 83704-0825 • (208) 375-5211 . FAX 327-8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our errvironmenx 96-384 RECE~vE~ June 17, 1996 ~ U N 1 9 1996 Mr . David Navarro ~~~` '~~ tAERlOlQtu Ada County Recorder 650 Main Street Boise, ID 83702 RE: Golfview Estates No. 4 Dear Mr. Navarro: Central District Health Department, Environmental Health Division, wishes to RETAIN sanitary restrictions on Golfview Estates, #4. systems. Incomplete engineering data concerning central sewage and water, has prohibited this office from granting an approval for this project. Sanitary restrictions are to remain in force on ALL lots until a full approval can be granted by this office. Sincerely, Tom Schmal~EHS Senior Environmental Health Specialist cc: Tom Turco, Director of Environmental Health Martin O. Jones, Supervisor of Environmental Health HUD EHM Engineers, Inc. Golf View Associates LTD., Brian McCoy City of Meridian Serving valley, Elmore, Boise, and Ada Counties ADA / BOISE COUNTY OFFICE 707 N. Armstrong Place 8ase.ID 83104.0825 Ph. 315.5211 ELMORE COUNTY OFFICE 520 E. 8th Sheet North Mountain Home. ID 83641 Ph. 581-9225 VALLEY COUNTY OFFICE P.O. Box 1448 McCall, ID 83638 Ph. 634-7194 - \:.~ CENTRAL •• 96-383 DISTRICT ~ITHEALTH DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL. • BOISE. ID 83704-0825 • (208) 315-5211 • FAX 321-8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. ~EGEIVED June 17, 1996 JUN 1 9 1996 Mr. David Navarro Ada County Recorder ~"~ ~~~ '~9~~tI~IA~ 650 Main Street Boise, ID 83702 RE: Golfview Estates No. 5, Dear Mr. Navarro: Central District Health Department, Environmental Health Division, wishes to RETAIN sanitary restrictions on Golfview Estates, #5. Incomplete engineering data concerning central sewage and water, has prohibited this office from granting an approval for this project. Sanitary restrictions are to remain in force on ALL lots until a full approval can be granted by this office. Sincerely, .!%!~'~- Tom Schmalz, ~S Senior Environmental Health Specialist cc: Tom Turco, Director of Environmental Health Martin O. Jones, Supervisor of Environmental Health HUD EHM Engineers, Inc. Golf View Associates LTD., Brian McCoy City of Meridian Serving valley, Elmore, Boise, and Ada Counties ADA /BOISE COUNTY OFFICE EtMORE COUNTY OFFCE VALLEY COUNTY OFFICE 107 N. Armstrong Place 520 E. 8th Street Ngth P.O. Box 1448 Boise, ID 83104-0825 Mountain Fbrne. ~ McCatl, ID 83638 _ Ph. 315-5211 83641 Ph. 581-9715 Ph. 634-1194 /. MERIDIAN CITY COUNCIL MARCH 2, 1993 PAGE 5 Bradbury: Okay~I follow you and I appreciate you taking the time to hear me. The Motion was made by Tolsma and seconded by Yerrington to approve the Final Plat on Sunnybrook Subdivision #5 conditioned upon a dialogue continuing with Settlers Irrigation and meeting the City Engineer's requirements. Motion Carried: A11 Yea: ITEM #3: FINAL PLAT ON FIELDSTONE MEADOWS #1: Corrie: The Fire Department had one question on that N. Fieldstone Way needing a turn around. Torfin: We'll have a turn around on the plans for that. The Motion was made by Corrie and seconded by Tolsma to approve the final plat on Fieldstone Meadows #1 conditioned upon the engineer's report being met and the dialogue with Settlers Irrigation District: Motion Carried: All Yea: ITEM #4: FINAL PLAT ON GOLF ESTATES SUBDIVISION #3 & #4: Gerald Martens, EHM Engineers, representing the developer of this project. I have reviewed the letter from the Engineer with the comments and we concur with all the recommendations of the City Engineer and Mr. Niemann and we will be making those changes on the plat. . Kingsford: Asked City Engineer to address where we stand with lift station. Eng. Smith: The lift station is active as of yesterday I believe so it is in operation and pumping sewage as it was designed to do. Engineer Martens was in my office this morning and~we met -~ MERIDIAN CITY COUNCIL MARCH 2, 1993 PAGE 6 and talked about the location of the lift station with respect to the #4 subdivision and the alignment of the streets as being submitted on #4 verses the alignment that was approved under the preliminary plat of Golfview Estates as a total development. Mr. Martens stated that they would be willing to withhold the request for building permit on the lot that is shown on the present submittal of #4 that would be directly east of the location of the lift station so that we would have access to that lift station and they would provide access to that lift station far us. At the time that the sewer line or at the time that #4 subdivision is constructed they would propose installing a wet line sewer that would flow to the south and dump into the existing manhole at that cross intersection that they show on the #4 plat and then at the time that #5 was submitted for approval and construction they would move the lift station, they would abandon the sewer line that now flows north to the lift station then the sewage would flow on to the west toward Blackcat. It would work from a standpoint of operation of the lift station where it exists and the only thing that we would have that might be contrary to the way things would be done an a usual basis would be two sewer lines in that street, one flowing north and one flowing south and one of them would be abandoned as #5 phase is developed. We had that same situation develop on the #1 subdivision where we had two lines, one flowing east and one flowing west and as the existing lift station in Cherry Lane Village was taken out of service then one of those lines was abandoned. So that was Engineer Marten's proposal to me this morning by his developer. At that time, although I haven't had a lot of time today to really sit down and consider it in detail, it didn't sound to me as though it was a major problem, as long as we have their written authorization and agreement that they would not pursue a building permit on the lot opposite the lift station as it exists today and that we would have an all weather road access into that lift station. Corrie: The Fire Department had that on North Golfview it needs a turn around there. Martens: We would provide the necessary turn around at that location. Eng. Smith: I might make one other comment, when we noticed that there was a problem with the location of the lift station and the alignment of the streets in the #4 subdivision, I visited with Jack and the City Engineer's Department did not submit a detailed review of the final plat to Jack so that has not been done yet. r MERIDIAN CITY COUNCIL MARCH 2, 1993 PAGE 7 The Motion was made by Tolsma and seconded by Yerrington to approve of the final plat of Golf Estates Subdivision #3 & #4 conditioned upon the, development agreement as per the City Engineer's requirements 'and the receiving of the proper documentation the Zoning Administrator requested. Original Motion made by Tolsma withdrew, and Yerrington withdrew his second. Fie Motion was made by Tolsma and seconded by Yerrington to approve of the Final Plat of Golf Estates Subdivision #3 8 #4 conditioned upon a development agreement as per the City Engineer's requirements and receiving documentation as required by the Zoning Administrator and the continuation of the dialog h Settlers Irrigation on a pressurized system. Motion Ca ITEM #5: ORDINANCE #595: ORDINANCE AMENDING COMPREHENSIVE PLAN: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING SECTION 2-1102 OF THE REVISED AND COMPILES ORDINANCES OF THE CITY OF MERIDIAN AND BY SAID AMENDMENT, ADOPTING THE 1992 AMENDMENTS TO THE COMPREHENSIVE PLAN OF THE CITY OF MERIDIAN WHICH AMENDMENTS CHANGE THE AREA OF IMPACT BOUNDARY AND CHANGE THE COMMUNITY URBAN SERVICE PLANNING BOUNDARY AND CHANGE THE MERIDIAN POLICY DIAGRAM TO CONFORM TO THE CHANGE IN THE URBAN SERVICE PLANNING AREA AOUNDARV; AND PROVIDING AN EFFECTIVE DATE. Is there anyone present who wishes Ordinance #595 read in it's entirety? No response. The Motion was made by Giesler and seconded by Tolsma that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance #595 be passed and approved. Motion Carried: All Yea: ITEM #b: FINDINGS OF FACT & CONCLUSIONS ON ANNEXATION b ZONING REQUEST ON RUNNING BROOK ESTATES: Giesler: Questioned issue of .wetlands. Kingsford: It is my understanding that it is resolved or it will be de-annexed. .*~ ~- . /`