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Packard Acres Sub. No. 2 FP 00-018TRANSMITTALS 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 13, 2000 Transmittal Date: August 22, 2000 Hearing Date: September 19, 2000 File No.: FP 00-018 Request: Final Plat approval of 61 building lots and 3 other lots on 23.02 acres for proposed Packard Acres Subdivision No. 2 By: Packard Estates Development, LLC Location of Property or Project: South of Ustick Road between Locust Grove and Vintage Lane Sally Norton, P/Z ** Kent Brown, P/Z ** Thomas Barbeiro, P/Z ** Richard Hatcher, P/Z ** Keith Borup, P/Z ** Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (no C/C only) Building Department Your Concise Remarks: Fire Department Police Department City Attorney City Engineer City Planner Gen - 26 PP/FP/PFP - 24 AZ - 27 ** no FP Meridian School District ** Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Bureau of Reclamation (FP/PP) Idaho Transportation Department ** Ada County (Annexation) --k HUB OF TREASURE VALLEY MAYOR Robert D. Corrie A Good Place to Live LEGAL DEPARTMENT CITY OF MERIDIAN (208) 288-2499 • Fax 288-2501 CITY COUNCIL MEMBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: September 13, 2000 Transmittal Date: August 22, 2000 Hearing Date: September 19, 2000 File No.: FP 00-018 Request: Final Plat approval of 61 building lots and 3 other lots on 23.02 acres for proposed Packard Acres Subdivision No. 2 By: Packard Estates Development, LLC Location of Property or Project: South of Ustick Road between Locust Grove and Vintage Lane Sally Norton, P/Z ** Kent Brown, P/Z ** Thomas Barbeiro, P/Z ** Richard Hatcher, P/Z ** Keith Borup, P/Z ** Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (no C/C only) Building Department Your Concise Remarks: Fire Department Police Department City Attorney City Engineer City Planner Gen - 26 PP/FP/PFP - 24 AZ - 27 ** no FP Meridian School District ** Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Bureau of Reclamation (FP/PP) Idaho Transportation Department ** Ada County (Annexation) Sent By: City of Meridian; 2088886854; Aug -2-00 2:57PM; REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION FOVvED AUG 16 2000 Cn..y OF MEJUIDIANpi,��ffiGtZONWG 'E TABLE FOR SUBMISSION: The submission deadline for ALL applications (other than Final Plats and Variances) is 5:60 p.m. of the fust business day of every month, Applications must be submitted to the Planning & Zoning Department, located 'at 200 E. Carlton Ave., Ste. #20 1, Meridian. NO EXCEPTIONS WILL BE MADE. The Planning and Zoning Commission will hear the request at the monthly meeting following the month that a complete application is received by the deadline date. Incomplete applications will be returned to the applicant and will not be processed until all required application elements are completed. Applicants are encouraged to arrange for a pre -application meeting with a Planner at least ten (10) business days BEFORE the submission deadline to address any concerns or questions regarding the project. GENERAL INFORMATION �"��i A 1. Name of AnnAnnexation AW Sut�ivision: �L)t> NO, Z. C��#'� 2. General Location: 3. Owners of Record: 7 t;�:N' .� ( �/'. L•l--C, Address: 4!o I 7/oCvZI. y. PI�v G�,{Zip `b31t 3 Telephone: 4. Applicant: AL?'oyo- Address: _ , Zip Telephone: 5_ Engineer: Oma% /IV _ � Firm: 1'15;,A t/Ati D hcj iwl I- r, 6. Name and address to recmeive City billings- Name: 1 G 6PP•p�/i�j Address (o22-,;7 N . 044,00* -Lt > 1Telephone.-_­-, _2. 3 4,00 _ X3-113 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres: 2. Number of building lots: C01 3. Number of other lots: 7 4. Gr bss density per acre:_ _ �_, (PV% 5. Net density per acre: _ 6. Zoning Classification(s): 7. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification? Kb+ 8. Does the plat border a potential green belt? D Sent By: City of Meridian; 9. 10. 11. 12. 13. 2088886854; Aug -2-0(L— 2:57PM; Page 6 Have recreational easements been provided for?—H a Are there proposed recreational amenities to the City? N D Explain Are there proposed dedications of common areas? Explain For future parks? —Explain What schools) service the area? A Iz- I Ari Ott. Do you propose any agreements for future school sites? N Explain Are there any other proposed amenities to the City?_{tel o Explain 14. ' 'Type of Building (Residential, Commercial, Industrial or combination): F -t? -.6A VA-L- 15. im15. '; Type ofDwelling(s) (Single Family, Duplexes, Multiplexes, other): Ll�i`J�.f/• �iMit 16. Proposed Development features: a. Minimum square footage of lot(s): 8040 b. Minimum square footage of structure(s): +00 i C. Are garages provided for'? Square footage: d. Has landscaping been provided for? ' Describe: (,14Vyi&oN AF.0&-14 e. Will trees be provided for?_ g64Will trees be maintained? f. Are sprinkler systems provided for? !� 847 g.: Are there multiple units? N b Type: Remarks: L Are there special set back. requirements? HO Explain: L Has off street parking been provided for? HO Explain j. Value range of property: -P I V0 ;0D0 . X10 rclyTo�/Lrs k.: Type of financing for development: 1. Were protective covenants submitted? o Date: 17. Does the proposal land lock other property? hl0 Does it create Enclaves?. STA;1'EMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances, 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. 2 El August 4, 2000 TEA�ETS LAND SURVEYING Shari Stiles, Administrator Meridian Planning and Zoning Department 33 East Idaho Street Meridian, Idaho 83642 RE: Final Plat Application Packard Acres Subdivision #2 Dear Ms. Stiles: 2501 Bogus Basin nd. • Boise, Idaho 83702 (208) 385-0636 Fax (208) 385-0696 This is the final plat application for Packard Aces Subdivision #2. Attached, you will find thirty (3 0) copies of the final plat; four (4) copies of the construction plans; ten (10) copies of a map at 1" = 300'; and a copy of the current deed to the property. The final plat meets the approved preliminary plat for Packard Acres Subdivision. It also complies with the conditions of approval. As required by City Ordinance, the plat was drawn according to the standards for development in the R-4 Zone and the appropriate notes are on the face of the plat. This plat also complies with acceptable engineering and surveying practices as well as local standards. Please review the attached information and schedule a public hearing before the City Council. If you have any questions or want additional information, please let me know. Thank you for considering this request. I look forward to hearing from you regarding this matter. Respectfully, qJOW I Patrick A. 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I i R.R.m ` 0EE91 3 .[L.yL.00 N ,ch co 'c sr �v I 1d Alt13W15 'N RR.m W r 0) 8 N O B >.Ea S S a�gw N O) I N �S Jf•' u I >.; t: ofyy $ tn NPI �fyN ' mY 1% m P �ml = W vo In m .a weO - R �a w - _Qo`w ,mA -.wa1 _.fiao _ _ ,w•ee Q --_ ,ma 0 .er% ,error a .56'6L9 3 „W.SE.00 N 1Z6'E99 3 .Ee.9Z.00 N N >_ r a311VldNn¢e anns 531tl153 W NVIHEIGHVHO Q fi n PW 2 V V Ww W W i' By: City or ivieri.dian; 2088886854; Aug -2-00 2:56PM; Page 2 CITY OF MERIDIAN FINAL SUBDM. SION PLAT CHECKLIST INCOMPLETE SUBMITTALS WILL NOT BE PROCESSED SUBb1VISION NAME: �C��! 4--A) Z- ENGINEER: 47 The final plat shall include and be in compliance with all item required under Title 50, Chapter 13 of the IdAlLo Code. The final plat submittal shall include at least the following: TTF,11 DESCRIPTION C MMENTS 1. Thirty (30) copies of written application for approval as stipulated by the Council 2. ' Pniof of current ownership of the real property included in the proposed final plat and consent of recorded owners of the plat (wrarrty deed, signature sheet of final plat) 3. A statement of conformance with the approved preliminary plat and meeting all requirements or conditions.thereof 4. A statement of conformance with all require- ments and provisions of this Ordinance C/ 5. A statement of conformance with acceptable engineering, architectural and surveying v practices and local standards 6. Street name approval letter from Ada County 7. Three (3) copies of the final engineering construction drawings for streets, water, sewers, sidewalks, irrigation and other public improvements 8. Thirty (30) prints of the final plat at a scale of one inch equals three hundred feet (1" = 300D. Include subdivision and street 41-11, names, lot and block numbersz4n Sent By: Citywof Meridian; 2088886854; r. FINAL SUBDIVISION PLAT CHECKLIST Aug -2-0 1 0 "1 2:56PM; Page 3 Page 2 9. Thirty (30) folded copies of the final plat containing the following requirements and three (3) copies of the signature page of the1nal plat. Plat shall include: a. Approved Plat Name b. Year orplatting c. Sectional location of plat - County d. North arrow e. Scale of plat (not smaller than I "=100') ✓ f Streets and alleys with widths and bearings g. Street names h. Consecutive numbering of all lots in each block, and each block lettered or numbered L Each and all lengths of the boundaries of each lot including curve table j. Exterior boundaries shown by distance and bearing (heavier lines than streets and lots) including curve table k. Descriptions of survey monuments ✓ 1. Initial point and tie to at least two public land survey corners or, in lieu thereo4 to two monuments recognized by the City Engineer or County Engineer or surveyor; and also, if required by the City or countygoverning bodies, give coordinates based on the Idaho Coordinate system in Easements n. Basis of bearings. 0. Pertinent notes for easements, restrictions, designations, etc. p. Land Surveyor - signed seal q. Land Surveyor business name City location r. Legend of symbols s. Minimum residential house size ✓ t. Adjacent platted subdivision names 10. Fee Paid - Lots (a?, $10.00/Lot 11. Other Informflon as Requested by Administrator, City Engineer, Planning & Zoning Commission, or City Council Sent By: City of Meridian; 2088886854• Aug-2-00---,2:56PM; Page 4 FINAL SUBDIVISION PLAT CHECKLIST Page 3 12. Substantial difL-rencOs between the approved preliminary plat and the final plat, variances not yet: applied fior, non-conformance with cormnents of staff and/or agencies, etc., will be cause for: rejection and/or possible resubmittal to Planning & 7,oning Commission for approval. REVIEW BY: Shari Stfies. PlaMing & Zoning Administrator Gga D. Sm& P ., City Engineer ACCEPTANCE DATE: OTHER ITEMS 1. L=iscape plan for common lott, 2. �,ot frontages C\2 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF PACKARD ESTATES DEVELOPMENT FOR APPROVAL OF FINAL PLAT FOR PACKARD ACRES SUBDIVISION NO. 2, LOCATED SOUTH OF USTICK ROAD BETWEEN LOCUST GROVE ROAD MERIDIAN, IDAHO FILE COPY CASE NO. FP -00-018 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code § 12-3-7 on October 17, 2000, and continued until November 8, 2000, and continued from January 2, 2001, and tabled until January 16, 2001, and the Council finding that the Administrative Review is complete which has included certain comments and conditions as stated in a letter to the Mayor and Council from Bruce Freckleton, Engineering Technician III, and Shari Stiles, Planning and Zoning Administrator, listing 7 General Comments and 25 Site Specific Comments, which are herein found fair and reasonable, and at the January 16, 2001 meeting, Shari Stiles, Planning and Zoning Administrator, commented at the hearing, and Pat Tealey testified on behalf of the Applicant, and Wanda Sharp, Dale Sharp and Craig Groves appeared and testified, and the Council having considered the requirements of the preliminary plat the Council takes the following action: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PACKARD SUBDIVISION NO. 2 (FP -00-018) IT IS HEREBY ORDERED THAT: 1. The Plat of "PACKARD ACRES SUBDIVISION NO. 2" as evidenced in Plat bearing the Project No. 1408, Sheet 1 of 2, By: Tealey's Land Surveying, and Packard Estates Development, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Frecicleton, Engineering Technician III, and Shari Stiles, Planning and Zoning Administrator, dated September 28, 2000, listing 7 General Comments and 25 Site Specific Comments, a true and correct copy of which is attached hereto marked Exhibit "A", and a copy of a Statement received by the North Wingate Lane Residents, and consisting of eight pages, and by this reference incorporated herein, with the additional requirements that: 1.1 Additionally, at the City Council meeting on January 16, 2001, action taken by the Council consisted of the following revisions to the Staff comments of September 28, 2000, as follows: Under Site Specific Comment number 9, it shall read as follows: 9. Show Wingate Lane on the final plat map as a 15 -foot wide easement, and reference the existing 15 -foot wide recorded private lane easement. Under Site Specific Comment number 13, it shall read as follows: 13. Provide a ten -foot -wide easement for public utilities, drainage, and irrigation along the southern boundary of Lot 20, Block 2, and ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PACKARD SUBDIVISION NO. 2 (FP -00-018) -2 west of 15 -foot -wide easement for Wingate Lane along Lots 17-22, Block 2, and Lot 10, Block 5. Under Site Specific Comment number 15, it shall read as follows: 15. Provide detailed fencing and gate plans that also show the proposed location of irrigation clean out structures for approval prior to signature on the final plat. Irrigation plans must be approved by downstream water users. Perimeter fencing shall be installed prior to applying for building permits. The applicant needs to provide revised detailed fencing and gate plans. Under Site Specific Comment number 19, it shall read as follows: 19. Wingate Lane borders the eastern boundary of this subdivision. The easement for this private roadway needs to be shown along the backs of Lots 17-22, Block 2, and Lot 10, Block 5. All headgate and cleanout structures are to be located outside of the 15 -foot -wide easement and be accessible to water users without requiring entrance onto individual building lots or climbing over fences. Under Site Specific Comment number 20, it shall read as follows: 20. The City requires that there be a gate across E. Challis Street on the east boundary of Wingate Lane, and one on the west boundary of Wingate Lane. This shall allow pedestrian traffic, as well as bicycles. Under Site Specific Comment number 23, it shall read as follows: 23. Staff foresees a problem with buyers of Lots 17-22, Block 2, trying to access Wingate Lane if the easement is part of the platted lots. The developer shall have their attorney draw up a release of dominant parcel interest in the private lane easement and record it prior to signature on the final plat. Also provide a recorded copy of deed restriction to prohibit access to Wingate Lane and forbid gates or removal of permanent fencing on these lots prior to applying for building permits. Fencing shall be set at the western boundary of the 15 -foot easement for Wingate Lane. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PACKARD SUBDIVISION NO. 2 (FP -00-018) -3 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: a. The Plat dimensions are approved by the City Engineer; and b. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. By action of the City Council at its regular meeting held on the /6 _10 day of , 2001. By: L, G%, r.� Ca7u-n - P�'Jide•i.t Aee.21L 131�'d. Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. B 1�A 1()_ Dated: City Clerk /_M_b'd msg/ZAWorkVv \Meddian\Meridian 15360M\BridgeTower AZ017 CUP043 PP017\FPOrder025 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PACKARD SUBDIVISION NO. 2 (FP -00-018) ` t��tr�rttlrtrtrryrc, 4. SEAL Y �►G�A c1 -p'(.v 1� rj Nil Y Mayor-Yk and Crty Council ( C% � To: City of Meridian `-'' October 16, 2000 33 East Idaho Meridian, Idaho 83642 From: North Wingate Lane Residem 2445 North Wingate Lane % t�fiice Meridian, Idaho 83642 city Re: Statement of expectations for developers of Packard Estates Development, LLC. The residents of North Wingate Lane feel it is necessary to restate their position concerning use, access, or development of Wingate Lane by anyone not directly now living in a residence on the lane. We are supported byprevious documents and proceedings that specifically prohibit any kind of access to North Wingate by others not presently living on the lane. We are very weary of having to keep such a vigilant watch on the proceedings for development of the lands that abut North Wingate Lane. We have made it clear in the past that all traffic of any kind, including pedestrian and bike traffic, will be prohibited now and in the future from traveling on or across North Wingate Lane. We expect the compliance of Packard Estates Development, LLC. to the city council for the construction of permanent gates (for the use of emergency vehicles only ) and fences to assure this. The property owners on the lane established this lane as a private lane, July 25, 1913. Ada County has already ruled that no more houses may be built along North Wingate Lane that would require entrance and exit directly from the lane. The residents of the lane pool money to maintain the lane. In the past, great damage has occurred because of use by construction vehicles that have illegally used the lane to access the developing areas of Packard Estates Development, LLC. Enforcing compliance has been difficult. The council has stated that permanent, not wire, fences and gates were to be constructed along North Wingate Lane before development began. The wire fences have been lowered whenever someone wanted to use the lane to access or crossover to the east or west development. Only emergency county access is allowed. All other accesses, including utility, ACRD, or irrigation, must be done on the development property and not involve the lane in any way, or at any time. No gates will be installed to allow the passage of pedestrians and bicycles across North Wingate Lane. This allowance would only invite problems. Sometimes this area is referred to as the unconstructed portion of E. Challis. It is not. It is part of our established, permanent private lane. We greatly appreciate the efforts of Mr. Bruce Freckleton, and Ms. Shari Stiles. They have been very helpful to explain and interpret the somewhat confusing documents concerning these proceedings. We also appreciate any other entity that is working to assure that legal concerns are correctly dealt with on this matter. Please help us put to rest any further worries concerning our proper right to keep our private lane as such. Sincerely, ��, CY North Wingate Lane Residents ��� Attachment Enclosed: MEMORANDUM: September 28, 2000 To: Mayor & City Council From: Bruce Freckleton, Assistant to City Engine * Shan Stiles, Planning & Zoning Administrator Re: Request for a Final Plat Approval of Packard Acres Subdivision No. 2 — 60 Single- family Building Lots on 23.02 Acres in an R4 Zone by Packard Estates Development, LLC (File# FP -00-018) We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: LOCATION & SURROUNDING USES The subject property is located west of Wingate Lane, south of Ustick Road, and east of Locust Grove Road. The parcels) is currently zoned R-4. The South Slough borders the property on the north, along with property owned by Vem Allem-an on the north and northwest boundaries. The southwest portion of the property borders Chamberlain Estates Subdivision. Chateau Meadows East No. 8 Subdivision is south of the property, along with two five -acre parcels in Ada County. The northeast portion of the property borders other acreages with single-family homes in Ada County. The property is located in an area designated as single-family residential in the Comprehensive Plan. SYrE SPECIFIC C0NIl4i N -n Applicant is to meet all terms of the approved preliminary plat and development agreement. 2. Applicant has indicated previously that the pressurized irrigation system within this development is to be connected to the existing system within Packard Subdivision. The common areas within the development will be a subject to City of Meridian water assessments for the domestic backup. Payment of water assessment fees is required prior to city signatures on the final plat map. 3. Compaction test results must be submitted to the Meridian Building Department for all lots impacted by filling. 4. The design of drainage areas shall ensure that water is retained only during major storm events for a maximum 24-hour period. FP -00-018 Packard Acres Subdivision No. 2 11173 OF 7RF_ ISURE 1:4 LLEY D. Robert . Come ?me A Good Placc to Live LEGAL, DEP;SRT\B\T CITY COUNCIL MEMBERS CITY OF MERIDIAN (209)'-88-2499 Fax 288-2501 PUBLIC WORKS Ron :X.r,derson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 Tantmv de Weerd (208) 888-4433 • FAX (208) 887-1813 PLA_\tiTNG .IIID ZONING Chore McCandless City Clerk Office Fax (208) 888-3218 DEPARTMENT (208) 8845533 • FAX 888-0854 MEMORANDUM: September 28, 2000 To: Mayor & City Council From: Bruce Freckleton, Assistant to City Engine * Shan Stiles, Planning & Zoning Administrator Re: Request for a Final Plat Approval of Packard Acres Subdivision No. 2 — 60 Single- family Building Lots on 23.02 Acres in an R4 Zone by Packard Estates Development, LLC (File# FP -00-018) We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: LOCATION & SURROUNDING USES The subject property is located west of Wingate Lane, south of Ustick Road, and east of Locust Grove Road. The parcels) is currently zoned R-4. The South Slough borders the property on the north, along with property owned by Vem Allem-an on the north and northwest boundaries. The southwest portion of the property borders Chamberlain Estates Subdivision. Chateau Meadows East No. 8 Subdivision is south of the property, along with two five -acre parcels in Ada County. The northeast portion of the property borders other acreages with single-family homes in Ada County. The property is located in an area designated as single-family residential in the Comprehensive Plan. SYrE SPECIFIC C0NIl4i N -n Applicant is to meet all terms of the approved preliminary plat and development agreement. 2. Applicant has indicated previously that the pressurized irrigation system within this development is to be connected to the existing system within Packard Subdivision. The common areas within the development will be a subject to City of Meridian water assessments for the domestic backup. Payment of water assessment fees is required prior to city signatures on the final plat map. 3. Compaction test results must be submitted to the Meridian Building Department for all lots impacted by filling. 4. The design of drainage areas shall ensure that water is retained only during major storm events for a maximum 24-hour period. FP -00-018 Packard Acres Subdivision No. 2 Mayor and Council September 28, 2000 Page 2 5. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing and gates installed, and road base approved by the Ada County Highway District prior to applying for building permits. Landscaping shall be installed prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, pathways, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 6. Applicant shall be responsible to construct a six -foot -high, permanent perimeter fence along Property boundary (and westerly easement line of Wingate Lane), except where the City has expressly agreed, in writing, that such fencing is not necessary. Fencing is to be in place prior to applying for building permits. 7. Revise the following notes: (5.) u adjacent to the exterior subdivision boundary lines. (7) u Lot 10, Block 5, Lot 1, Block 8, and Lots 32 and 33, Block 2u (8) u aad T et 33 R4)et_ Tu_ (12) Access to Wingate Lane is specifically prohibited (13) This subdivision is subject to the terms of a development agreement recorded as Instrument No. , records of Ada County Idaho easement t (14) (Provide a blanket o the City of Meridian over Lot 33, Block 2 for the operation and maintenance of the sanitary sewer intercepter.) (15) Lots 1, 23, 24-26, and 29, Block 9 shall be subject to the terms of the existing temporary sanitary sewer easements along their western boundary. No permanent structures, fences, trees, or brush shall be placed within said easements 8. Remove 20 -foot -wide sanitary sewer easement south of E. Chemise Drive, and reference the existing easement instrument number north of E. Chemise Drive. 9. Show Wingate Lane on the final plat map as a 20 -foot wide easement, and reference the existing 15 -foot wide recorded private lane easement. The extra 5 -foot width is required by the City of Meridian as the minimum width for an emergency access. 10. Widen Lot 33, Block 2, by ten feet to accommodate the South Slough sewer interceptor main. Provide a blanket easement to the City of Meridian for the extension of the South Slough Sewer Interceptor (see plat note #14 above). This portion of the sewer trunk line shall be constructed at the time this subdivision is developed. 11. Revise the reference to the sewer easement along the western side of the subdivision to read: 20 foot -wide temporary sanitary sewer easement, Instruments Nos. and (Make sure you reference both easements, Cassell, and PNE/Edmonds) 12. Add an arrow symbol to the plat legend that depicts front of house orientation. Place symbol on Lot 27, Block 2, toward N. Devlin Way. An arrow is required because less than minimum FP -400-018 Packard Acres Subdivision No. 2 Mayor and Council September 28, 2000 Page 3 street frontage is shown on the other lot side. 13. Provide a ten -foot -wide easement for public utilities, drainage, and irrigation along the southern boundary of Lot 2, Block 2, and west of 20 -foot -wide easement for Wingate Lane along Lots 17-22, Block 2, and Lot 10, Block 5. 14. Detailed landscaping plans for all common areas, including species, size, quantities, and locations, and pathway details must be submitted for approval to the Planning & Zoning Department prior to City Engineer signing Final Plat. 15. Provide detailed fencing and gate plans that also show the proposed location of irrigation cleanout structures for approval prior to signature on the final plat. Irrigation plans must be approved by downstream water users. Perimeter fencing shall be installed prior to applying for building permits. 16. Sanitary sewer and water service to this site will be via extensions of the existing mains installed in adjacent developments. Applicant will be responsible to construct lateral sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 17. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 18. Sidewalks are to provide a clear five -foot -wide walkway pathway without encroachment of mailbox structures. 19. Wingate Lane borders the eastern boundary of this subdivision. The easement for this private roadway needs to be shown along the backs of Lots 17-22, Block 2, and Lot 10, Block 5. The easement width needs to be increased to 20 feet wide to meet Meridian Fire Department requirements. All headgate/cleanout structures are to located outside of the 20 -foot -wide easement and be accessible to water users without requiring entrance onto individual building lots or climbing over fences. 20. One of the City's requirements in the development agreement conflicts with Ada County Highway District's requirements. The applicant is not to construct the 20 -foot -wide portion of E. Challis Street at the east boundary, and is to deposit money to complete construction of E. Challis Street and remove the gates when (and if) the two five -acre parcels to the south are developed (when Wingate Lane can be vacated). The City put a condition that a 20 -foot -wide gate be constructed at the easement line of Wingate Lane that allows emergency fire department access only (with appropriate signage). ACHD's condition of approval is to install gates and allow the passage of pedestrians and bicycles across the unconstructed portion of E. Challis Street. The homeowners along Wingate Lane have requested that all access to Wingate Lane be prohibited. Staff requests the City Council to specifically address this issue and instruct staff of preferred direction. FP -00.018 Packard Acres Subdivision No. 2 Mayor and Council September 28, 2000 Page 4 21. Another requirement of the development agreement is provide a pathway along the South Slough, as it is designated as a pathway in the Meridian Comprehensive Plan. However, Nampa -Meridian Irrigation District will not allow a license agreement for a pathway along live irrigation ditches. Perhaps, instead of designating a pathway, the applicant could pave over the sewer easement along the slough as a "sewer access road" to satisfy the pathway requirement and avoid problems with Nampa -Meridian Irrigation District. 22. All damages to Wingate Lane caused by the developer or contractors are to be repaired immediately. Homeowners along Wingate Lane have reported that damage to the lane presently exists from construction equipment and work on the irrigation system. No building permits will be accepted until the repair work is complete. The developers have agreed that no construction traffic will be allowed to access Wingate Lane. 23. Staff foresees a problem with buyers of Lots 17-22, Block 2, trying to access Wingate Lane if the easement is part of the platted lots. The developer shall have their attorney draw up a release of dominant parcel interest in the private lane easement and record it prior to signature on the final plat. Also provide a recorded copy of deed restriction to prohibit access to Wingate Lane and forbid gates or removal of permanent fencing on these lots prior to applying for building permits. Fencing shall be set at the western boundary of the 20 -foot easement for Wingate Lane. 24. Submit copies of proposed restrictive covenants and deed restrictions for review. This information was required at the preliminary plat stage; application indicates covenants have not been submitted. 25. . Staffs failure to cite specific ordinance provisions or terms of the approved preliminary plat does not relieve Applicant of responsibility for compliance. c, A _GENERAL REQUIREMENTS W/a��re/rsectmig, 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, in crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. One -hundred -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. FP -UO -018 Packard Acres Subdivision No. 2 Mayor and Council September 28, 2000 Page 5 4. Submit oFinalp letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 5. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 6. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 7. If possible, respond in writing to this memorandum by noon on October 3, 2000. Submit three copies of the revised Final Plat Map to the Public Works Department for compliance review prior to development plan approval. FP -00-018 Packard Acres Subdivision No. 2 � Z I d _ y jz _o I . �4IL� t UST J o J �C!v A�.r �'.�e ✓.G 4J 'tic J W I o � 1 1 � C;hn CLrr -r7 i Tj � 0 � v .. It jrf { / ..fes _ L-A 7-C I1 'jr �� 4 /—G,.✓e,, y c % h .ef7- 7-A j!. a 1. ( zo �— C ° i d (L y ! c� /� ..r ...� .� a ... i Z,•_� C r •r- 7 A a�vL E �Z a .` . e .� y ✓ ! 4 • e L.�j 1+•f i:! E e ,.0 . 4 Jo -e- Y17 a v t L,j r L C. {^ �/' A / r -a•..0 J ""t �.•'i r .i. �_T! L / e G ^r J b l S U PIONEER TITLE ` RECOPI O -REQUEST OF iADA COUNTY RECDR J.OAVWg' 8011 E, IDAHO DEED FEE 6rj DEPUTY 1. DATE, NAMES RPRALPTA 3 ADDRESSES 99087122 1.1. Date. This warranty deed is executed and delivered by Grantor to Grantee, or assigns, on Aug. 27, 1999. 1.2. Name of Grantor and Address. The name of the Grantor is Edmonds Construction, Inc., an Idaho corporation, whose mailing address is 1966 North Stoneview, Boise, Idaho 83702 ("Grantor"). 1.3. Name of Grantee and Address. The name of the Grantee is PACKARD ESTATES DEVELOPMENT, LLC, an Idaho limited liability company, whose mailing address ks 6223 N. Discovery Way, Boise, Idaho 83713, ("Grantee"). 2. CONVEYANCES 2.1. Grant. For value received, Grantor grants, bargains, sells and conveys to Grantee, or assigns, all of its, title and interest in and to certain real property located in Ada County, Idaho, and more particularly described on Exhibit "A" which is attached to this warranty deed. 2.2. Covenants. Grantee, or assigns, their successors and assigns, shall have and hold the property. The Grantor covenants to and with the Grantee, or assigns, that it is the owner in fee simple of the property, that it is free from encumbrances and that it will warrant and defend the same from all lawful claims whatsoever. 3. SIGNATURE EDMONDS CONSTRUCTION, INC., an Idaho corporation, ByG-�� Wirt monds, President WARRANTY DEEDPage 1 14418-001 \\COMPAQ2500R\F1LES\e\edmonds constructionMarx:r,Deed #3A.doc. 07-02-99 STATE OF IDAHO ) ss. County of Ada ) On O yo 27, 1999, before me, the undersigned, a notary public in and for said county and state, personally appeared Wirt Edmonds, known to me to be the President of Edmonds Construction, Inc., the corporation whose name is subscribed to the within instrument on behalf of said corporation and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the same day �.,W,y,gpr�in this certificate first above written. CITA.Rp N Y PUBLIC FOR pUB N Re iding at 'o��'j, •.N.•••�,��.•' Commission Expires 7 - ��5 48811111111 WARRANTY DEED 14418-001 \\C0MPAQ2500R\F1LES\e\edmonds construction\Warranty Deed #3A.doc. 07-02-99 Page 2 ' EXHIBIT A PORTION OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 3 NORTH, RANGE -1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH 935 FEET OF THE FOLLOWING DESCRIBED PROPERTY: COMMENCING AT THE NORTHWEST CORNER OF LOT 2 OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN; THENCE EAST ALONG THE NORTH LINE OF SAID LOT 34 1/2 RODS; THENCE SOUTH PARALLEL WITH THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID NORTHEAST QUARTER OF SAID SECTION; THENCE WEST ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF SAID NORTHEAST QUARTER OF SAID SECTION TO THE SOUTHWEST CORNER THEREOF; THENCE NORTH ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION TO THE PLACE OF BEGINNING. EXCEPT: A PARCEL OF LAND SITUATED IN THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 5; THENCE ALONG THE NORTH -SOUTH CENTER OF SECTION LINE OF SAID SECTION 5 SOUTH 0 DEGREE 27'32" WEST 1,673.35 FEET TO A POINT; THENCE ALONG A LINE THAT IS 935.00 FEET NORTH OF AND PARALLEL WITH THE EAST -WEST CENTER OF SECTION LINE OF SAID SECTION 5 SOUTH 09 DEGREES 40'20" EAST 182.20 FEET TO A POINT; THENCE LEAVING SAID PARALLEL LINE SOUTH 0 DEGREE 26'23" WEST 80.77 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 0 DEGREE 26'23" WEST 119.58 FEET TO A POINT ON THE RIGHT OF WAY LINE REPRESENTING THE LOCATION OF A FUTURE ROAD; THENCE ALONG SAID FUTURE RIGHT OF WAY LINE NORTH 89 DEGREES 33'37" WEST 159.29 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT WHOSE RADIUS IS 20.00 FEET, WHOSE CENTRAL ANGLE IS 90 DEGREES 00'00" WHOSE LENGTH IS 1,831.42 FEET, AND WHOSE LONG CHORD BEARS NORTH 44 DEGREES 3337" WEST 28.28 FEET TO A POINT OF TANGENCY; THENCE NORTH 0 DEGREE 26'23" EAST 99.58 FEET TO A POINT; THENCE LEAVING SAID FUTURE RIGHT OF WAY LINE SOUTH 89 DEGREES 3337" EAST, 179.29 FEET TO THE POINT OF BEGINNING. 8 Q Li 'iN :DEVELOPMENT SERVICES 2083642406 1999.09-21 10:31 #133 P.01/03 SUBDIVISION EVALUATION SHEET >sed Development. Name PACKARD SUB. NO 2 City Meridian „ PT I Reviewed 09/25/97 Preliminary Stage XXX Final street name comments listed below are made by the members of the ADA COUNTY ET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this opment in accordance with the Boise City Street Name Ordinance. • • • �• �. •:u 1.INNI••-: •1 1c • A � - \ _' • -1 • • •111=1 �• � - •�. • • • •- 1• -� The above street name comments have been read and approved by the following agency representatives, of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEEENCY�IPRESENTATIVES OR DESIGNEES Ada County Engineer John Priester Ada Planning ASSOC. Ann Hurley Date Date City of Meridian Representative Date Fire District Meridian Representative Date ` " NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!II Sub Index Street Index SN 1E 5 Section NUMBERING OF LOTS AND TM$UM6M—CfTI.FRM d. -r --R81 :DEVELOPMENT SERVICES _ 2083642406 1999j09-21 10:32 #133 P.03/03 MERIDIAN EVALUATION SHEET Proposed Development Name Packard Acres Sub. File # Date Reviewed 911/99 Preliminary Stage XX Final Engineer/Developer Teaiey's Land Surveying The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following street name exists and shall appear on the plat: "E. USTICK RD." The following street names are approved as extensions of existing roads: "E. CHALLIS ST." "N. HICKORY WAY" "E. MEADOWGRASS ST." and'E. LOCHMEADOW ST" 'MALACHITE" is a duplicate and cannot be used. You must choose another name_ The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order f7 the street names to be officially approved. ADA COUNTY STREET NAME COMMITTE�,'i G7NCY REPRESENTATIVES OR DESIGNEES Ada County Engineer John Priester�I rx`/? ����C?'` � _ Date Ada Planning Assoc. Sue Hansen ✓ Date _ I 2 c? - City of Meridian Representative `J Date Meridian Fire District Representative Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed 1111 Subindex Street Index 3N 1E 5 Section NUMBERING OF LOTS AND BLOCKS 42,L TR�SUSSISM CITY.FRM —� ]nRr,sw f,t•Y,lM ]IfYtl,D•Y lm f� Ai a n,o,umw +�1 T ]/1R h f•RM1r6 "��j l mafa•m Ma,r•r!. p E. KAMAY DR. F n+•,nm. msna, L G bib^�;,,'•' "�°' Z9 2B 27 33 !„m,m••o nr,.w,a low, A` .; 32 3 ,r'173I ��— 26 m••ruM �.. 31 19 25 a 20 18 < 30 LOCATION OF PROPOSEDD _ > PARKARD ACRES SUBDIVISION d ✓ � � 21 17 z 8�p29 NO. 2 �. ui a 28 Arm 22 16 _ z zZ 15 27 26 25 24 23 OOH / OGS E. CHEMIRE DR. 0`' 22 �\, 23 . •� �= 14 13 IZ 11 10 21 ]+,a,],.•o 1 2 3 45 b 7 8 9 20 •,,.,]ora �,.�,, x . e a E. CHEMISE DR. 19 s' w 6 7 ¢ I 2 3 4 18 2 �� 5 8 Q 8 0� 6 5 17 I {�$ 3 4 9 z E. 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LLC Location of Property or Project: Vintage Lane South of Ustick Road between Locust Grove and Sally Norton, P/Z ** MAYOR HUB OF TREASURE VALLEY Meridian School District ** Robert D. Corrie . A Good Place to Live LEGAL DEPARTMENT CITY COUNCIL MEMBERS CITY OF MERIDIAN Ada County Highway District Keith Borup, P2 ** (2°8) _' 9 •Fax 288-2501 Ron Anderson 33 EAST IDAHO PUUBLIBLI C WORKS BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 Cherie McCandless City Clerk Office Fax (208) 888-4218 PLANNING .AND ZONING Idaho Power Co. (FP/PP) —_ 'Cherie McCandless, C/C � -Water Department DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: September 13, 2000 Transmittal Date: August 22, 2000 Hearing Date: September 19, 2000 File No.: FP 00-018 Request: Final Plat approval of 61 building lots and 3 other lots on 23.02 acres for proposed Packard Acres Subdivision No. 2 By: Packard Estates Development. LLC Location of Property or Project: Vintage Lane South of Ustick Road between Locust Grove and Sally Norton, P/Z ** Kent Brown, P/Z ** Meridian School District ** Thomas Barbeiro, P/Z ** Meridian Post Office (FP/PP) Richard Hatcher, P/Z ** Ada County Highway District Keith Borup, P2 ** Community Planning Assoc. Robert Come, Mayor Central District Health Ron Anderson, C/C Nampa Meridian Irrig. District Tammy deWeerd, C/C Settlers Irrigation District Keith Bird, C/C Idaho Power Co. (FP/PP) —_ 'Cherie McCandless, C/C � -Water Department U.S. West (FP/PP) Intermountain Gas (FP/PP) Sewer Department __ Bureau of Reclamation (FP/PP) Sanitary Service (no C/C only) Idaho Transportation Department ** Building Department Your Concise Remarks: Ada Cou (A)� Fire Department Police Department Z�- City Attorney City Engineer City Planner Gen - 26 PP/FP/PFP - 24 AZ .27 ^ no FP TTG, pendia iAte4��1 SEP 2 2 2000 CITY OF MERIDIAN Z0'39dd bbL0b8880Z HUB OF TREASURE VALLEY MAYOR Robert D. Comic A Good Place to Live CITY COUNCIL MEMBERS CITY OF MERIDI.,A.N Ron Anderson 33 EAST IDAHO Keith Bird MERIDIAN, IDAHO 83642 Tammy de Weerd (208) 888-4433 • Fax (208) 887-4813 Cherie McCandless City Clcrk Office Fax (208) 8SS-421 S 60:92 00, SE d9S LEGAL DEPARTMENT - (208) 288.2499 • Fax 288.2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887.1297 PLANNING AND ZONING DEPARTMENT (20S) 984-5533 • Fax 988-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: September 13, 2000 Transmittal Date: August 22, 2000 Hearing Date: September 19, 2000 File No.: FP 00-018 Request: Final Plat approval of 61 building lots and 3 other lots on 23.02 acres for proposed Packard Acres Subdivision No. 2 By: Packard Estates Development, LLC Location of Property or Project: South of Ustick Road between Locust Grove and Vintage Lane Sally Norton, P/Z ** Kent Brown, P/Z ** Thomas Barbeiro, P/Z Richard Hatcher, P/Z Keith Borup, P/Z `* Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department —�� Sewer Department Sanitary Service (no C/C only) Building Department Fine Department Police Department City Attorney City Engineer City Planner Gen - 26 PP!FP/PFP - 24 AZ - 27 •• no FP zi Your Concise Remarks: Meridian School District *- Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Bureau of Reclamation (FP/PP) Idaho Transportation Department ** Ada County (Annexation) ACHD - f !�� Ada County Highway District INTER -OFFICE MEMO June 17, 2002 Right -of -Way & Development Department Planning & Development Division To: ACHD COMMISSION RECEIVED From: Development Services JUN 2 0 2002 Subject: Final Plat: Packard Acres No. 2 City of Meridian City Clerk Offiet- Meeting Date: June 26, 2002 FACTS & FINDINGS: Packard Acres No. 2 is a 6 common 60 buildable -lot residential subdivision on 23.00 -acres. This site is located south of Ustick Road approximately 1/4 mile east of Locust Grove Road. 2. The preliminary plat was approved on October 18, 1995. All conditions of the preliminary plat have been satisfied. RECOMMENDATION: Approve the final plat of Packard Acres No. 2 and authorize the President to endorse. 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De Weerd: Mr. President, I move we table the request by Glenn Johnson Homes for a Variance No. 00-021 to February 6, 2001. Bird: Do I hear a second? McCandless: Second. Bird: Been moved and seconded that we table the variance for a one-year extension for Glenn Johnson Homes at Hartford Subdivision to February 6, 2001. Any discussion? Hearing none, all in favor? MOTION CARRIED: ALL AYES Item 10. Tabled from January 2, 2001: FP 00-018 Request for Final Plat approval for of 61 building lots and 3 other lots on 23.02 acres by Packard Estates Development for proposed Packard Acres Subdivision No. 2 — south of E. Ustick Road between N. Locust Grove Road and Wingate Lane: Bird: Item No. 10 is tabled from January 2nd. Request for Final Plat approval for of 61 building lots and 3 other lots on 23.02 acres by Packard Estates Development for proposed Packard Acres Subdivision No. 2 — south of East Ustick Road between North Locust Grove Road and Wingate Lane. Staff? Stiles: Mr. President, Council, I don't know if anyone is here from Ada County Highway District to address this issue or if the applicant has anyone here. We did request Ada County Highway District to be in attendance. They indicated at a meeting that we had with them last week that they would be here. There's pretty significant issues dealing with Wingate Lane that we felt that they needed to address. If they're not here I don't know that we can continue. We could go ahead with some of the other items that we've met on. Do you have the comments from staff dated September 28, 2000? Bird: Could you refresh us on the comments from staff on the 28th so they can be heard? Meridian City Council Meeting January 16, 2001 Page 10 Stiles: I'll just go over the items that we had met about. We did meet with the applicant and their engineer and there are a few items that remain to be decided. The first item would be Item 9, on our memo dated September 28, 2000. After discussion with Bill Nichols, Legal Counsel, we agreed that the 15 -foot wide easement would be what needs to be shown on the plat. It was put out that we couldn't require anything in addition to that 15 -foot existing easement that is the private lane easement for Wingate Lane. On Item 9, the 20 -foot wide easement would be changed to 15 -feet and the last sentence would be deleted. Item 12, on our comments has been fixed on the new plat that's been submitted. Item 13, is regarding an easement for public utilities, drainage and irrigation. We had asked for an additional easement that would be along these lots and also along the Wingate Lane lots. As there is an existing easement for the Wingate Lane here, they would need to provide an additional easement beyond that for utilities, irrigation and drainage. Their response was that they would work out a solution with the Public Works Department that we would like that item to remain as is except it should reference lot 20, block 2 and 15 -foot wide easement in lieu of the 20 -foot wide easement. I know this isn't making any sense to you if you don't have the comments. I will get a copy to Bill so he can know what's going on. On Item 15, we asked for detailed fencing and gate plans. They had submitted previously some fencing and gate plans. Those were not approved. The irrigation plans, they indicate that this was done as part of a prior approval. The irrigation plans were subject to approval by downstream water users and that can be coordinated through the Public Works Department. I still need details on the fencing and gate. Part of the Wingate Lane discussion has a lot to do with that fencing and gate plan. Item 19, the third sentence may be deleted as it was talking about the 20 -foot wide easement. All headgate/cleanout structures are to be located outside of the 15 -foot wide easement not the 20 -foot wide easement. Item 20, this is probably the biggest issue remaining on this subdivision. Wingate Lane has always been an item of contention since the beginning of this project. Wingate Lane runs north and south from Ustick Road to — there are two five -acre parcels that are still in the County. I'll go back to the arial so you can see it a little better. This property is currently still in the County, this property is in the County it is owned by Helen and Dale Sharp. Packard Acres No. 1 Subdivision is east of Wingate Lane. All of this area is where Packard Acres Subdivision No. 2 is proposed. As part of the final approval of the Development Agreement and the Preliminary Plat, Ada County Highway Districts' comments in their Conditions of Approval were that there would be a public road in this location linking Packard Acres No. 1 and Packard Acres No. 2. The way that Ada County Highway District comments read, was that there would be a gate constructed on the east and west sides of Wingate Lane across this public road. I think I still need to go back the other one again, sorry, this public road here. What was proposed was there would be a gate here and a gate on the other side of that 15 -foot wide easement. There would, in essence, be a permanent fence constructed on each side of that 15 -foot lane to prevent anyone in this subdivision or the public in general from accessing Wingate Lane and using it to access Ustick Road. Ada Meridian City Council Meeting January 16, 2001 Page 11 County Highway District, in their Conditions of Approval, said the applicant is not to construct a 20 -foot wide portion of East Challis Street at the east boundary. He (sic) is to deposit money to complete construction of East Challis Street and remove the gates when and if the two five -acre parcels to the south are developed. Which was when at least this portion of Wingate Lane could be vacated. The City put a condition that a 20 -foot wide gate be constructed at the easement line of Wingate Lane that allows Emergency Fire Department access only with appropriate signage. ACHD also had a condition of approval to install gates and allow the passage of pedestrians and bicycles across the un - constructed portion to East Challis Street. The homeowners along Wingate Lane have requested that all access to Wingate Lane be prohibited. This is one of the major items that we are at an impasse and it needs to be decided through the Ada County Highway District and the Council, which of those conflicting requirements will stand. The original conditions of approval of this project required a bike path to be located along the South Slough. The South Slough is designated in the Meridian Comprehensive Plan as a multiple use pathway. Staff has agreed to not require the pathway but has asked that they pave over the sewer access road that will be constructed along the City's trunk line. Item No. 23, staff had asked, after consulting with our Attorney that the developer have their attorney drop a release of Dominant Parcel Interest in the Private Lane Easement and record it prior to signature on the Final Plat. Also provide a copy of the recorded deed restriction to prohibit access to Wingate Lane and forbid gates or removal of permanent fencing on these lots prior to planning for building permits. Fencing shall be set at the western boundary of the 15 -foot easement for Wingate Lane. This requirement as staff asked for, due to the fact that some of these lots, particularly probably this lot due to the size of that lot, it would not be unreasonable to think that the person buying that property would love to come down Wingate Lane. Perhaps have a gate, and park his RV in the back. That was an attempt to have all of these lots give up their right to access to that lane until such time it could be vacated. Those are the major items and the remaining items that need to be determined — still not seeing anyone from Ada County Highway District. Do you have any questions of me? Bird: Council any questions for Shari? Anderson: Mr. President, help me to understand the gate stuff and the issue there on Item 20, with Wingate Lane so that I get this straight in my mind. Wingate Lane will have a 15 -foot easement; is that correct? Stiles: Yes. Anderson: Wingate Lane comes south from Ustick Road. It services a couple of five -acre parcels that are going to be south of this subdivision? Is that correct? Stiles: Yes, those plus everything north to Ustick Road. All of these lots all access Wingate Lane as their only access. Meridian City Council Meeting January 16, 2001 Page 12 Anderson: The Ada County Highway District is asking for a gate to go across Challis both to the east and west of Wingate? The City of Meridian wants access through there for the Fire Department and pedestrians? Stiles: I believe Ada County Highway District is not aware of how their condition actually read. We would like to have access for pedestrians and bicycles and agree with Ada County Highway District on that point but realize the neighbors did not want that. Anderson: Wingate's a gravel road is that correct? Stiles: Yes. Anderson: These homeowners that are south of where Challis crosses it, it's their desire to continue to access their homes down this gravel road on Wingate? They don't want to go through a paved subdivision to get to their parcels is that what I'm understanding? Stiles: Correct. Anderson: That's the purpose of the gates? Stiles: Yes. Ada County Highway District, the way their report read, was that they would not construct that 15 -foot wide portion of Challis. They would put up a deposit to construct it in the future and that on the east and west sides of the un -constructed portion they would put up these gates. Now the Highway District is telling us that they really meant to put two gates on Wingate Lane on the north and south boundaries of Challis so that these property owners back here would have to go through two sets of gates to get to their house. Anderson: Or come through the paved subdivision and then just go through one gate. Stiles: And do away with the gates. Anderson: I think I'm understanding. Stiles: The neighbors are wanting to know what the legal precedents is or what allows Ada County Highway District to basically condemn a portion of their private lane, their existing easement and to allow construction of gates across that lane. Bird: Any other questions for staff? Meridian City Council Meeting January 16, 2001 Page 13 Anderson: This will just be a question of the attorney and maybe he doesn't know the answer to this. I've always understood property rights; laws to say that you have to provide access to the property. My question is, if that was the case and they put a gate on the north side of this Challis Drive and blocked off Wingate, the people that own property to the south, if they still had access to their properties through this Challis Drive and through that subdivision? Doesn't' that still fulfill the requirements of the law? You're not blocking them off from access to their property you're just forcing them to go a different way then what they want to go apparently. Nichols: Councilmen Anderson, members of the Council, as a general proposition what you've stated is correct. The difference though here, is that in this case the Sharp's have a 15 -foot easement that's attached if you will to their property that runs all the way from Ustick Road to their property boundary. If I recall correctly there's even, I think kind of a joint maintenance thing with the property owners in terms of how they're going to share costs of road and so on. To cut of their access to Ustick Road on that easement, in effect takes away a part of the easement that goes along with their land. I don't think that's — if that's what ACHD thinks they want to do, it doesn't, it wouldn't be what my advice would be but that's a different issue as far as this Council goes. Staff's recommendation is essentially that you block off vehicular access to Wingate Lane and allow these cars to access the Sharp's property only on Wingate but still have some perhaps pedestrians on this 15 -foot easement. The other thing is where this Packard Subdivision is, that property is a party or a piece of the original property to which this 15 -foot easement attached. That property has deeded access if you will, to Wingate Lane. That's for the purpose of going up and down so we're asking the developer or requiring the developer to give up part of that. By my way of thinking they would rather go through their subdivision anyway, the streets are going to be better. I think there's — it would seem to me putting a gate on the north and the south side of Challis, interferes with the easement and creates the — it's the vehicle and open the gate, shut the gate, open the next gate and shut that gate. Or install one of those electric ones with the garage door opener type deal and I don't think that's right under these circumstances. Anderson: That was one of my other questions. Are we talking about some elaborate gate system that has automatic openings or are we talking about a manual chainlink fence? Get out and shove the gates out of the way type of deal or does it even specify? Nichols: Looks like Mr. Sale is here so perhaps he can take off his coat, stay awhile and enlighten us on the whole issue. De Weerd: Your timing is always impeccable. Bird: Somebody forgot to tell you we start at 6:30 now didn't they? Meridian City Council Meeting January 16, 2001 Page 14 Sale: Perhaps they did and I forgot. Bird: Sorry Larry. (Inaudible discussion amongst Council members) Anderson: Mr. President, maybe we could brief Larry I guess on kind of where we were. We were getting comments from staff and I was seeking clarification on the gates. Staff had indicated that the original request was that there would be gates on Challis Drive to the ease and west of Wingate. Now they're not sure, they're thinking that Ada County Highway District is now asking for gates on Wingate. We're kind of confused as far as where the gates are and what the legal requirements would be to provide access to the property (inaudible) of Challis. That's kind of where we're at, at this point. Sale: Mr. Anderson did you ever have one of those bad dreams that you kept having and it wouldn't go away? Anderson: Yes, I've had a couple of those. De Weerd: I'm sure those residents have. Bird: Would you state your name Mr. Sales? Sale: My name is Larry Sale, I'm Development Services Supervisor for Ada County Highway District. I'm semi -pleased to be here with the Council tonight. This has been and obviously still is a real thorny issue. I went back through the Commission minutes to make sure that we hadn't said it wrong, but we didn't say it wrong. After listening, at that time if you remember this was October of 1995. At that time there was a lot of testimony from the neighbors about their desire and their need to keep Wingate Lane open. Now how much of that testimony was actually related to Wingate Lane and how much of it was just related to opposing the subdivision, I don't know. At any rate, after discussing this subdivision for two or three meetings, the Commissioners made a motion to find that there was unique and compelling circumstances and that sometimes pollicies had to be set aside to or interpreted differently to accommodate the public good. They made a motion to require the developer of Packard Subdivisions to dedicate right-of-way for what's the name of the street, Challis across Wingate Lane but to not construct it, to pave it up to each side of the Wingate Lane easement and to gate the public right-of-way. That is an action that's unique in Ada County with one exception. That is there's a public street named Preece Drive or Preece Street that runs east and west from Milwaukee to Cole. It used to run that lane. When the Home Depot was approved in Boise, because of the great difference in land use between the commercial and Mulda family on the west side of a certain line, and an old existing single-family Meridian City Council Meeting January 16, 2001 Page 15 neighborhood on the east side of that line. Our Commissioners vacated a one - foot strip of Preece Drive and it has a gate in it. The gate is only for emergency access so that the Fire Department and Emergency vehicles can get through it because nobody else has access to that gate. This, I guess was a like situation. Quite frankly I hoped and still hope that the situation would resolve itself and I guess it partially has. At least one of the two parcels south of Challis has been sold. The Commission's action went on to say that this was a temporary situation, that the developer would be required to deposit the cost of removing the gates and completing Challis Street across this Wingate Lane at the time the two parcels to the south were developed. That's the way it is. It probably isn't a — if it were a permanent decision I would feel badly about it. I think under the six circumstances that it was something the Commissioner's obviously felt they should do. It does have a sunset, it isn't a permanent situation and when the other parcel to the south develops then the gates will be removed. It is possible to go back and revisit the issue. If the neighbors in the are have changed their opinions about the need for the complete Wingate Lane, I suspect the Commissioner's would change that decision. I'm here to offer that as a possibility of the City if you would help me make that request we would take it back to the Commissioners and revisit that decision. Any questions? Bird: Questions, Council? Anderson: I guess it's not really a question as much as it is a comment. It would seem like building two streets and leaving a 15 -foot section of dirt in the middle of it doesn't seem to make rhyme or reason to me. When you've got the equipment there, you've got the asphalt spreader, you've go the concrete trucks, you've got your curb machine your set up there doing curb. It would make more sense to me to go ahead, even if you wanted to allow to continue, that easement of Wingate to go ahead to pave it, put the curbs and the sidewalks in that you could still put in your gates. Those could be removed fairly easily but it seems like a lot of additional expense to come back after the fact to put in 15 feet of asphalt and curb and gutter and sidewalk. They could still have their access come in from Ustick Road, they would just drive over, however wide road that is of asphalt and go on down their lane. Then it makes it easy in the future to make that a third string. Sale: Mr. Mayor, Mr. Anderson, you're absolutely correct. As everyone in the room knows, there was some testimony at the time that indicated that the Wingate Lane easement might (sic) be superior to a public road. Since that testimony, we've received documentation that convinces us that it is not superior to a public road, it is just another easement on private land. The owner of the public land dedicates right-of-way over the easement then the right-of-way takes precedent. At that time, there was a lot of -- there was a great deal of testimony opposing to the extension of what is now Challis. The Commissioner's didn't want to give up the ultimate ability to make the connection but they felt in view of the overwhelming neighborhood testimony, they needed to listen to that. Meridian City Council Meeting January 16, 2001 Page 16 De Weerd: Mr. President, when they do open that are they going to then gate Wingate to the north of East Challis to restrict the access out onto that gravel road? Sale: Mr. President, Ms. De Weerd that wouldn't be necessary we would just treat this as another driveway. It wouldn't have enough traffic on it to warrant any special safety requirements. We would probably require that it be paved back to the right-of-way line so that they wouldn't track mud and gravel onto the pavement. De Weerd: Yes, but that's going to poor quite a bit of traffic out onto Wingate then to Ustick. If you've ever driven in any of those subdivisions I would look for that access myself. Sale: To be honest, I have not driven Wingate Lane since that day. I haven't gone down there looking for it. It doesn't matter to us if there's a concern about traffic using Wingate Lane it can be gated. It's just another driveway as far as we're concerned. The owner of that driveway can gate it, the developer can gate it, and you or the Highway District could require it to be gated that's a simple matter. Anderson: I would imagine those properties if they didn't need the access would vacate that and then that property could be used by the homeowners that bought that wouldn't they? (Inaudible) vacated easement. Nichols: Councilmen Anderson that would be a pretty major chore I would think because all of those parties that have to — it wouldn't be like a vacation of a public easement or where you simply petition the City. You have to have all the parties to whom the easement runs would have to release the easement, extinguish it. Anderson: Not likely to happen. Bird: Mr. Sales, as I understand it right now, the Commission is saying bring Challis in there and then gate east and west sides so you have no access on Wingate at all? Sale: Mr. President, that's correct. De Weerd: Was that also the recommendation of our staff, Shari? Stiles: In lieu of any alternative to come forward, yes. Anderson: Maybe we could hear from (inaudible), his point of view. Just the whole picture I guess. Meridian City Council Meeting January 16, 2001 Page 17 De Weerd: And the residents. Bird: Yes, we can. Do you have any other questions for Mr. Sale? Anderson: Not right now. Sale: If you would like I would read into the record the action of the — Bird: Would you please? Sale: This was the concluding discussion of the discussion of Packard Subdivision No. 2 on October 18, 1994. Commissioner here we're moved to accept staff recommendations but to alter it whereby the developer has the opportunity to cross Wingate Lane with the public right-of-way. The portion crossing Wingate Lane will remain gravel, the portions east and west will be gated in a manner which will allow pedestrian access and that at the time the Rickord and Sharp parcels developed, the public right-of-way will be open and will provide connectivity between the two neighborhoods. This motion is made because of the unique and compelling circumstance and requires a little different approach to the policies. To implement this motion, the developer will be required to dedicate the right-of-way, will not construct the roadway, would deposit the cost of constructing the roadway into the Road Trust Fund. Further that the developer's required to provide an easement physical connection from the Rickord property to the public road system and the subsequent lot purchasers of the subdivision not be responsible for the maintenance of Wingate lane. In as much as they will not have access to it. Commissioner East Lay seconded and the motion carried unanimously. Bird: Thank you Mr. Sale. Okay, Represent? De Weerd: You were early and under our old schedule. Bird: Would you please state your name? Tealey: Mr. President and members of the Council, my name is Pat Tealey, office address 2501 Bogus Basin Road. I'm here representing the applicant. The applicant is also here for any input that he can offer on this issue. I'm glad Larry showed up, I was going to ask for at the worst, another deferment (inaudible) which we all don't want to do. I think you all have been here from the beginning of this and stayed at this. This actually started in 1994 and here we are six years later, still with the same basic issue, what to do with Wingate Lane. It hasn't gone away, won't go away and shouldn't go away, there are people with — the Sharp's definitely do have an access easement across the 15 feet as being platted as part of Packard Acres No. 2. This is an easement only there is no ownership involved in this by any other parties. The parties to this easement Meridian City Council Meeting January 16, 2001 Page 18 range all the way from Ustick down to the Sharp's parcel. They all own their adjoining land in feet. The access is simply that an easement, there is no ownership involved in this at all. I think that was one of the major issues from the start that the City and the Highway District didn't know this. They thought each, that there was natural ownership in the land itself, the 15 feet so there are other rights perceived by this misunderstanding. Mr. Nichols has reviewed the easement and in our staff meeting has basically indicated that the easement is in fact only for access purposes. It is not exclusive; in other words that 15 -foot strip can only be used for access. There are other easements that can be granted pertinent to this land. The access cannot be impeded, that's the only thing that really goes with the easement. In other words we can't block their access to their parcel. As stated there were at the time, two five -acre parcels north of what is going to be platted as Challis Street. The Rickord parcel, one of the five -acre parcels where the cursor is right now has been bought by the developers of Packard Acres, the only people that access Wingate Lane. South of what would be Challis would be the Sharp's parcel where the cursor is right now. The people to the north of the platted subdivision really aren't affected by anything we're doing down in this area of Wingate Lane. We are not affecting their access from Ustick Road. We aren't doing anything north of our property line, which is about south of where that cursor is. I forget which parcel it is. From here north this parcel here can access (inaudible) and all of these parcels over here along Wingate Lane can access from Ustick Road and won't be impeded by anything that we're doing in Packard Acres No. 2. The issue is boiling down to the access to the Sharp parcel. The developer of course would like to see no gates on Challis, which I think is the proper solution, however the powers that be have offered other solutions to it. The solutions that you hear about the gates I believe are only there to address the neighbors concern, the Sharp's concern. Certainly the public would be better served by a connected street in that area, both as a safety issue and an access issue. There is a newly constructed school I think which you can see the pad over there. The way the neighbors want it, there will be no pedestrian or vehicle access from the west of the cursor to that school over there. It seems natural that they ought to be able to walk the sidewalks and bike along the streets to get to that school and to other — just their neighbors. This is a neighborhood that we're actually building out there and we're throwing a barrier up between these two neighborhoods. Basically, if you want to go to Eagle Road, you have to head west a half mile, north a half mile and east a mile to get over to Eagle road. You're pretty good with that cursor Shari. As stated, I think the solution of the gates was there to address the Sharps' issue. If that's a solution that comes down the developer will live with it. We don't think it's a good solution, I don't think you think it's a good solution and I believe that if the Highway District were to address this again that you wouldn't come up with the same solution once the issue has been understood. However you must respect the public input and if the Sharp's carry enough weight to get those gates built and the other neighbors, we're not just saying just the Sharp's. They're the only ones that really access this thing though, then that has to be respected and we will build the gates. You just have to tell us what kind. Do we want to build Meridian City Council Meeting January 16, 2001 Page 19 physical barriers there where no access across that 15 -foot area is allowed which is what the City of Meridian's solution is or do we want to allow pedestrian and bicycle access across that area which is the ACHD's solution? I believe that's really the only two issues. Stated again, I don't believe those gates would be there in any normal solution, this is something out of the ordinary. As far as the other conditions that were put on the plat, we have had talks with staff; we don't have any problems with what they're asking for. We have a couple of other conversations to have with the Public Works Department about the sewer access road and sewer easement. I believe that can be handled by staff, we work with them they work with us. All references to the 20 -foot easement for Wingate Lane should be reduced to the 15, which is the existing. We have had talks with staff and with the Fire Department as far as what they want. I believe we can work out Item No. 23, which states that the attorney draws up the release of (inaudible), a parcel interest. I believe the attorney for the applicant and Mr. Nichols the City Attorney, can work that out against themselves. Are there any questions I would be glad to answer? Bird: Council, any questions? Anderson: This is Packard Estates No. 2. No. 1, where will they gain their access how will you get into that? Tealey: From Hickory. Anderson: Which is? Is that on the map there? Tealey: You just see the end of it right here. (Inaudible discussion amongst Council members.) Anderson: My other question would be then as developers, you folks have met with the Sharp's and weren't able to work out any details on them using the subdivision roads to gain access to your property? Has that been explored or that's not an acceptable solution to them? Tealey: I believe the answer is it's not an acceptable solution to them. They have traditionally come down from Ustick and used Wingate Lane and they want to do that in the future. There is a road in Packard Acres No. 1 that dead ends into their property a little bit further — about where the end of the picture is there's a road that dead ends into the Sharp parcel from Packard Acres No. 1. There's also Challis, which will go across the top there, which they can get back down Wingate Lane. They choose not to use those paved public access roads they choose to use Wingate Lane as their access. They have the easement to do it so we're not fighting that at all, never have fought it it's just the solution is just not, at this time a good solution. Meridian City Council Meeting January 16, 2001 Page 20 Bird: Mr. Tealey, if we allow gates or no gates across there and stuff what do you think that 90 percent of the traffic is going to go to get out? They're going to come right up and go up Wingate Lane to the north to get to Ustick. Tealey: I'll bet you there'll be a few that adventure up there and want to go out there the first few times. That is a dusty road, it is bad access to Ustick. The entrance is very dangerous actually at that intersection and certainly, I guess my solution to that problem would be, again excuse me for going to the picture again. De Weerd: Just grab the microphone Mr. Tealey. Tealey: My solution to the problem would be to gate it right here. The Sharp parcel could access out Challis this way and this way. They could come into this street that we're platting as part of Packard Acres No. 1. Get out this way and get out this way. These people here would still guarantee their access and the traffic that would go north of Ustick would be stopped by that gate right there. As long as we're talking about gates that would be my solution. Bird: The only problem is the Sharp's and that other property which you guys have already purchased I understand, have an easement coming down Wingate. Wingate no way is going to be able to take any more traffic than it already is. I disagree with you, I think that the people in that subdivision are (sic) going to go up Wingate a lot more than they're going to come out to Fairview or any place else coming through their subdivision, if that's an access to get out to. The thing Mr. Tealey, that I see is maybe, and Wingate is not capable of handling anymore traffic than it already is. I don't know whether it's considered a public road or it's a private lane, as I understand. I don't know if it's even considered to be that. Tealey: I don't even believe it to be a private lane there's an access easement. Bird: It's an access easement that goes all the way down to Sharp's property. It's a real problem. Tealey: It's an odd situation but I don't believe it's without parallel in Ada County. Certainly there are situations like this that arise. I agree there would be extra traffic down there and something has to be done to stop that traffic is what that is. My solution would be to put the gate at the north end of our property. It doesn't inhibit the access for anybody that uses Wingate Lane to the north of the subdivision. It would hinder the Sharp's access if they were to come down Ustick, however they would have to go through a gate. They would be routed with public access from two different sources though. It is an odd situation and I think that's where the solution was born on it. We sat here from meeting after meeting after meeting trying to hammer this out and this is what came out of it. If the gates are what have to be fine we'll do it you just tell us what kind of gate you want there. I don't think again though, the developer, myself, and I even think Meridian City Council Meeting January 16, 2001 Page 21 the Highway District and the City don't think that's a good solution because it just doesn't make sense to gate a public road. However in this situation it may make the only sense that we can get out of this. Bird: Any other questions? Anderson: I have none. Bird: Thank you Mr. Tealey. Council any questions of anybody here before we go forward, of staff or Mr. Sales? Anderson: I have none. De Weerd: Not at this point. Bird: Council discussion? Anderson: I know this isn't a public hearing but are the Sharp's here? Would it be appropriate to hear their views on this particular issue since we're talking about access to their property? Nichols: Councilmen Anderson, members of the Council there's not prohibition against hearing from them. There's nothing in the Ordinances or statues that says that you can't ask them something or have them state their position. Bird: With Council permission? Is everybody agreeable? Would Mr. and Mrs. Sharp like to give you a couple free minutes here? Helen Sharp: I'm Helen Sharp, I of course am the one that lives on the end of the lane. To a few staff, thank you for wanting to listen to us I think it's only fair. I find the thing that's very, very interesting when they asked did you have meetings with the members of the lane? No, the only one we met was Craig after he bought it and told us what was going to be done. The meetings with Ada County Highway was more than two, my husband and I went to several meetings and it was stated, they had no jurisdiction over a private lane. If you will contact Ada County they will tell you it is a private lane and there is to be no more access. I have been down to the records, I have been to Planning and Zoning, and I've been to all of them. They have it flagged, there will be no more on Wingate Lane as it's a private lane. A private lane constitutes no more than four, which means our Ada County is illegal because they granted building permits on more than four acres. As you can tell I'm very disturbed and I'm having a real problem. We've been there since 1968, and now they're going to say because of public we should allow them to cut us off so that we haven't got the access to Wingate Lane. If you're going to bring the garbage trucks down -- our friends coming down Wingate to see us they're going to have to go through the subdivision. Can you imagine what a nice turn that's going to be coming from their subdivision on Meridian City Council Meeting January 16, 2001 Page 22 Wingate Lane? Do you who live in a subdivision, would you like to have more traffic through your subdivision? The words we're getting out there is no. As far as access into that new school which is a lovely building, they can't come in that way they have to go around the front so they would have to revamp that. My question to you, I could go on for a long time, has this really been completely pursued? I'm sure that the minutes that Shari has as to the gates on the east and the west is a little different than what he's saying on the north and the south because I was at the meeting when it said no, we have no jurisdiction on a private lane. That is a private lane. Thank you. Bird: Thank you, Council? Council Mr. Sharp would like to speak, agreeable? Anderson: Sure. Dale Sharp: I'm Dale Sharp and I live on Wingate Lane. They say we're the only ones concerned but I think in our letters to the — has been made part of the meetings previously that all of the neighbors are very much concerned of any additional traffic whether it be foot traffic or bicycle traffic. People come down there and they walk their dogs down there and they won't move aside for us to get through. It's like we have a right to be there, we can exercise on this lane. We're not the exercise for the subdivisions there. They should use their own subdivision for that purpose. As far as access, we do have that Private Road Agreement. It's been in effect since 1913 and it very clearly states that it is a Private Road Agreement. As such it should be — we should adhere to that. The Ada County Planning and Zoning did say that there would be no more access off of Wingate Lane, four or more houses. The developer says well it's not that it's another sort of enterprise but it is houses. Speaking for the neighbors, they are very much concerned. Thank you. Bird: Thank you. Council what's your pleasure? McCandless: Mr. President, am I to understand that this has been more or less of a private road into the Shari's residence? Bird: It's a private lane. Helen Sharp: Yes, it's a private lane, (inaudible) access from Ustick. Right now it's our only access to our property, (inaudible) the original agreement for this piece of property because of the first one on the front coming right off Ustick. They made the agreement and I'm sure they owned all of that property because we were the only two houses on that road. In order for us to get down there the agreement was made by these other (inaudible) that we would have access to it. I think another problem too is when people buy that land — Bird: Ma'am — Mrs. Sharp. Meridian City Council Meeting January 16, 2001 Page 23 McCandless: Thank you. Bird: Mr. Nichols is that, as she stated a private road? Nichols: President Bird, I think it's simply an access easement. To boil this down here, the issue before the Council's whether to grant Final Plat approval and if so with what conditions. You have before you a report from your staff dated September 28, which has — Shari's gone through and made some corrections, some notations, updated that staff report. That staff report includes a condition if you will, that Wingate Lane be gated off on the east side and the west side of that lane. Mr. Sale has been here to clarify the issue and read into the record the minutes from the Ada County Highway District meeting as which that's the same thing as said with the exception of the allowance of pedestrian access. I guess what I'm saying to you is, we do not have an issue other than the applicant saying maybe we could gate someplace else and so forth. As far your staff, ACHD, and so on it's a gate on both sides of Wingate Lane where it crosses Challis. Leave it unimproved, the developer makes his deposit and at some point in time it's likely the Sharp property will be developable. They'll want to develop it or their successors or somebody they sell to. At that time this issue goes away. Right now, what you have before you is your recommendation, your staff with those notations that she's made. I guess what I'm telling you is we can get lost in the issue of what is Wingate Lane and try to divine what -- it would take somebody a tremendous vision in 1913 to see what was happening out there now. You have to make the best soup with the ingredients you have now and I think that's where you are. Bird: Council, we have allowed the Sharp's to speak and the developer is here if it would be with your approval he would like to speak for a short period. Like two or three minutes. Groves: Mr. Bird, Council members, thank you very much. My name is Craig Groves, I am one of the managing members for Packard Estates Development. Unfortunately, I wasn't at these Public Hearings back in 1994 and if I were I probably wouldn't be in this position here today. We acquired an ownership interest in this project back in July of 1999. We have met with Mr. and Mrs. Sharp just a couple of times and met with some of the other neighbors out on site. Really, we're at your guidance here. Whatever you guys decide is appropriate, you know we'll live with that. I would like to make just two points. The first point is that as a property owner, developer of the project, we are giving up a tremendous amount of our rights. One of the conditions of the Preliminary Plat approval is that you're asking us to basically give up our dominant ownership interest in Wingate Lane on those properties that adjoin there forever. We're agreeing that we will draft a document to make it part of the plat, make it part of the covenance that will prohibit any access onto Wingate Lane. We certainly agree with that but the other condition of giving up that 15 feet forever is a big issue. We can work through that issue also. The next issue that we have is that Meridian City Council Meeting January 16, 2001 Page 24 in our meeting with Mr. and Mrs. Sharp and the other owners, they've been very, very adamant that they want absolutely a solid locked gate going east and west across Challis. That's really not our understanding of the development conditions of approval, what the Ada County Highway District adopted and what the City of Meridian adopted. It's very clear that they will allow pedestrian and bicycle access across there through those gates. For that reason, and I would like to see the Council do today is give us our Final Plat approval and defer the rest of the question back to the Highway District as far as the gate and the types of gate issue. Thank you. Bird: Thank you. Any questions for Mr. Groves? Anderson: I have none. Bird: Council, I believe we've heard from everybody that's necessary, what's your pleasure? Anderson: I just have one more question for Shari about the gate. Are we in agreement with Ada County Highway District about the type of gate and the type of access that we're talking about? Is it pedestrian and bicycle is that what the City of Meridian's wanting too? Stiles: I believe that we would want to have pedestrian and bicycle access through there so the children can get to the Elementary School. It is the Sharp's desire that there be absolutely no access to it. Anderson: Is there a question — are we requesting emergency access for Fire Department too or is that not an issue? Stiles: Yes, then we would need to have Fire Department, emergency access. Bird: Any other questions Council? Discussion? I entertain a motion. Anderson: Mr. President, I guess in light of all of the testimony we've heard I agree with the City Attorney. This has already been through Public Hearings at Planning and Zoning and at the Ada County Highway District. At this time I'm not sure that we're going to resolve the Sharp's issue with the road so both the developer and the City are in agreement with a solution how this can still get done. I don't see any reason to deny the Final Plat at this point. The only remaining issue seems to be the type of gating system and I would feel comfortable having that worked out at staff level. I would make a motion that we approve this Final Plat for 61 building lots and 3 other lots for Packard Estates Development and instruct the City Attorney to drop the appropriates Findings of Facts and Conclusions of Law and Decision of Order. Bird: Before that's seconded, Mr. Anderson does that include staff comments? Meridian City Council Meeting January 16, 2001 Page 25 Anderson: Yes it does. Subject to the staff comments. Bird: Do I hear a second? De Weerd: Second. Bird: Been made and seconded to approve Final Plat for 61 building lots and 3 other lots for Packard Acres Subdivision No. 2 with staff comments. Any discussion Council? De Weerd: Mr. President, just a question for staff. Have you the answer to work with ACHD on the gates, or the developer would work with ACHD on that? Is that normal protocol in regard to what kind of gates and those kinds of issues? Stiles: It would probably be more appropriate to work with the Emergency Services on what types of gate they would want there. I don't think there's any real president for gates crossing a public road. Bird: Any other questions or discussion? De Weerd: No. Bird: Hearing none, Roll -call vote, Mr. Clerk please. Roll -call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES Item 11. Ordinance No. 01-900: AZ 00-009 Request for annexation and zoning of 101.4 acres from RT to R-4 for proposed Autumn Faire Subdivision by Gem Star Properties, LLC — southwest corner of Black Cat and Ustick Roads: Bird: No. 11, Ordinance NO. 01-900. Request for annexation and zoning of 101.4 acres from RT to R-4 for proposed Autumn Faire Subdivision by Gem Star Properties, LLC. Clerk would you read the Ordinance by title only please? Berg: Thank you Mr. President, Ordinance No. 01-900: An Ordinance finding that certain land be known as Autumn Faire Subdivision lies contiguous or adjacent to the City limits of the City of Meridian, County of Ada, State of Idaho; finding that the owner has made a request for annexation in writing to the Council; and that said land be annexed to the City of Meridian and zoning designated low-density residential district R-4; and declaring that the said land by proper legal description as described below be a part of the City of Meridian, County of Ada, State of Idaho repealing all Ordinances, resolutions, orders or cqff CENTRAL DISTRICT HEALTH DEPARTMENT MAIN OFFICE 707 N. ARMSTRONG PL BOISE, ID 83704-0825 (208) 375-5211 0 FAX 327 8 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect andpromote the health and quality of our environment. 02-0122 February 25, 2002 David Navarro Ada County Recorder 650 Main Street Boise, ID 83702 RE: Packard Acres #2 Subdivision Dear Mr. Navarro: ."iWEIVED FEB 2 6 2002 City of Meridian. City Clerk Off ieF 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 February 22, 2002. If you have any questions, please call. Sincerely, Michael H. Reno Senior Environmental Health Specialist cc: Department of Housing and Urban Development City of Meridian Tealey's Land Surveying Packard Estates Development, LLC MR:bm Serving Valley, Elbnore, Boise, and Ada Counties Ada / Boise County Office Ada -WIC Satellite Office Elmore County Office Valley County Office 707 N. Armsrong PI. 1606 Robert St, 520 E. 8th Street N 703 N, 1 st Street Boise, ID 83704 Boise, ID 83705 Mountain Home, ID 83647 P O. Box 1448 Enviro. Health: 327-7499 Ph. 334-3355 Enviro. Health: 587-9225 McColl, ID. 83638 Family Planning: 327-7400 FAX: 334-3355 Family Health: 587-4407 Ph. 634-7,19.4 Immunizations: 327-7450 WIC: 587-4409 FAX 634-2174 Senior Nutrition: 327-7460 FAX 587-3521 WIC: 327-7488 FAX: 327-8500 ACH Ada County Highway District David E. Wynkoop, President 318 East 37th Street Dave Bivens, 1st Vice President Garden City ID 83714-6499 Judy Peavey -Derr, 2nd Vice President Phone (208) 387-6100 Susan S. Eastlake, Commissioner FAX (208) 387-6391 Sherry R. Huber, Commissioner E-mail: tellus@ACHD.ada.id.us RECEIVED March 6, 2002 MAR - 8 2002 City of MeridiarL TO: Packard Estates Development, LLC City Clerk Office 6223 N. Discovery Way, #120 Boise, Idaho 83713 FROM: Development Review Division Ac� SUBJECT: Preliminary Plat: Packard No. 2 / Wingate Lane s/o Ustick Road On February 27, 2002, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the staff request to modify previous Commission Action on the Preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are required: Prior to any construction within the existing or proposed public right-of-way, the following shall be submitted and subject to review and approval by the District. a. Three complete sets of detailed street construction drawings prepared by an Idaho registered professional Engineer. b. Execute and Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. C. Complete all street improvements to the satisfaction of the District, or execute a Surety Agreement between the Developer and the District to guarantee the completion of the construction of all required street improvements. 3. Furnish a copy of the Final Plat showing street names as approved by the Local Government Agency having such authority together with the payment of fee charged for the manufacturing and installation of all street signs. 4. If Public Right -of -Way Trust Fund deposit is required, make the deposit to the District in the form of cash or cashier's check for the amount specified by the District. 5. Furnish easements, agreements and all other datum or documents as required by the District. 6. Furnish Final Plat drawings together with the plat and plan review fees for District acceptance and endorsement. The final plat must contain the signed endorsement of the Owner and the Land Surveyor's certification. 7. All of the material must be submitted to District staff two -weeks prior to Commission review of the final plat. 8. Approval of the plat is valid for one year. The Commission will consider an extension of one year if requested within 15 -days prior to the expiration date. Please contact staff at (208) 387-6170, should you have any questions. Cc: Planning & Development Chron/File Planning & Development Services -City of Meridian A r_ - Ada County Highway District MEMO Right -of -Way & Development Department Planning Review Division To: ACHD Commissioners From: Gary Inselman, Christy Richardson Subject: Packard Acres Subdivision, Staff Request for Modification of Previous Commission Action Date: February 13, 2002 Regular Agenda ACHD REVIEW & APPROVAL On October 18, 1995, the ACHD Commission reviewed and approved the preliminary plat for Packard No. 2 Subdivision. Packard No. 2 Subdivision is platting as Packard Acres Subdivision. A private road, Wingate Lane, bisects the site. The previous Commission action required the developer dedicate right-of-way but not construct the streets across Wingate Lane. The developer was also required to install two gates, one at each end of the unconstructed portion of the public streets across Wingate Lane, that would allow passage of pedestrians and bicycles along the unconstructed section of the street but not automobiles (Exhibit "A"). The developer owns the property that Wingate Lane is constructed upon. The owners of the property at the south end of the Lane, the Sharps, have a non-exclusive easement to use Wingate Lane but they have no ownership of the lane. The parcel directly north of the Sharps (formerly the Reichert parcel) is currently owned by the developer and will be the subject of a development application in the future as a residential subdivision (Exhibit "B"). There is a house currently on this parcel that the developer desires to access from the public streets within Packard Acres No. 1 and cannot because of the fence and gates currently in place. The Commission meeting minutes reflect that the Commission did not intend for the Reichert parcel to access the public streets east of Wingate Lane located within the first phase of Packard Acres (Exhibit "C") The final plat for Packard Acres Subdivision No. 1 was approved and signed by the Commission on April 4, 2001 and recorded July 26, 2001. This first phase of the development includes two stub streets to the east side of Wingate Lane, East Challis Street and East Meadowgrass Street (Exhibit "D"). The street improvements have been constructed but not accepted for public maintenance. The developer constructed the gates as required at the end of the public right-of-way along the east side of Wingate Lane. However, the pedestrian gate at the end of East Challis Street is locked and the latch for the pedestrian gate at East Meadowgrass Street is too tight to open. The vehicle gate at the end of East Challis Street is locked as well. This gate is the District's only access to the ACHD storm drain pond constructed in this phase of the development on Lot 15, Block 2. The developer granted ACHD an easement to access the pond from East Challis Street across a 20 -foot wide strip of ground that includes the 15 -foot wide Wingate Lane. The developer has stated that the locks are not his. They are not ACHD locks. ACHD POLICY Section 7203.5 Continuation of Streets 7203.5.1 Consideration for Future Development The street design in a proposed development shall cause no undue hardship to adjoining property. An adequate and convenient access to adjoining property for use in future development may be required. If a street ends at the development boundary, it shall meet the requirements of sub -section 7205, "Non -Continuous Streets". 7203.5.2 Existing Adjacent Development An existing street, or a street in an approved preliminary plat, which ends at a boundary of a proposed development shall be extended in that development. The extension shall include provisions for continuation of storm drainage facilities. The policy on the continuation of streets requires that the right-of-way for East Challis Street and East Meadowgrass Street be dedicated to the public and that the streets be constructed. The ACHD Legal Department has provided a written legal opinion relating to this matter. See attached Memo (Exhibit "E"). The Legal Department concludes: "Absent a significant safety concern, public streets and public rights-of-way should remain open and accessible to the public". The Traffic Department has reviewed this matter and concluded that there is no significant safety concern in opening the two streets in question and extending them across Wingate Lane. ACHD PLAN REVIEW APPROVAL PROCESS In November the applicant submitted plans to ACHD's Development Review Division that included the first phase of the development west of Wingate Lane. The plans are acceptable for public street construction with the exception of this issue of gating the public right-of-way. Development Review Division staff have delayed approving the plans and allowing construction to proceed until this issue is resolved (Exhibit "F"). STAFF RECOMMENDATION Staff is requesting a modification of previous Commission action as it relates to the crossing of Wingate Lane with the public streets. Staff is concerned about the gating of a public right-of-way. These streets are necessary for connectivity in the area and will not deny the Sharp's access to Wingate Lane. Although the previous Commission action was acceptable to the developer at the time, circumstances have changed. As stated above, the developer currently owns the Reichert parcel and plans to submit a preliminary plat application for development of this parcel in the near future. Joint School District No. 2 has constructed and opened an elementary school within the section. One of the access points for the school is through Packard Estates Subdivision (Exhibit "D"). Staff believes that the previous decision contradicts District Policy and creates an impractical situation for residents in the area trying to circulate within this section. OPTIONS 1. Deny staff's request and uphold the previous Commission action. 2. Approve staff's request. Require that East Challis Street and East Meadowgrass Street be constructed and dedicated to the public across Wingate Lane. Delete the requirement for the gates. 3. Require the developer revise and resubmit the preliminary plat to delete the public streets crossing Wingate Lane. This option would require significant costs to the developer to redesign Packard Acres No. 1 and to reconstruct the stub streets to provide permanent turnarounds. Staff recommends Option 2, the modification of the previous Commission action on Packard No. 2 Subdivision and require East Challis Street and East Meadowgrass Street be constructed and dedicated to the public across Wingate Lane without the gates across the public streets. NOTIFICATION Residents along Wingate Lane were notified by mail of the Commission meeting and staffs recommendation. COMMISSION ACTION FEBRUARY 27 2002 The ACHD Commission acted on this item February 27, 2002. The Commission voted to approve the staff request and modify the previous Commission action per option 2 as recommended. All other conditions of approval from the Commission action dated October 18, 1995 are still in effect. The Commission also made a special recommendation to the City of Meridian as follows: Recommend that the City of Meridian require the developer to install a gate on Wingate Lane north of Lot 15, Block 2 of Packard Acres Subdivision No. 1. The developer and residents along Wingate Lane have come to an agreement for the installation of the gate by the developer and maintenance of the gate by the residents. Attachments: Exhibit "A" ACHD staff report Exhibit "B" Wingate Lane map Exhibit "C" October 18, 1995 Commission Meeting Minutes Exhibit "D" Vicinity Map Exhibit "E" Legal Department Memo Exhibit "F" Plans Acceptance letter JAMES E. BRUCE, President SHERRY R. HUBER. Vice President SUSAN S. EASTLAKE, Secretary October 20. 1995 TO: Pacific Northwest Electric/Edmonds' Construction 3131 E Lanark, Suite C Meridian, ID 83642 FROM: Karen Gallagher, Coordinator Development Services Divisi lt SUBJECT: Packard No. 2 Wingate Lane s/o Ustick Road- PRELIMINARY PLAT On October 18, 1995, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the Preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: Drainage plans shall be submitted and subject to review and approval by the District. 2: If public street improvements are required: Prior to any construction within the existing or proposed public right-of-way, the following shall be submitted and subject to review and approval by the District: a• Three complete sets of detailed street construction drawings prepared by an Idaho Registered Professional Engineer, togethe with payment of plan review fee. b. Execute and Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. C. Complete all street improvements to the satisfaction of the District, or execute Surety Agreement between the Developer and the District to guarantee the completion of construction of all street improvements. ada county highway district 313 East 37th • Boise, Idaho 83714-6499 . Phone (2 EXHIBIT 'A' October 20, 1995 Page 2 3. Furnish copy of Final Plat showing street names as approved by the Local Government Agency having such authority togethe with payment of fee charged for the manufacturing and installation of all street signs, as required. 4. If Public Rights -of -Way Trust Find deposit is required, make deposit to the District in the form of cash or cashier's check for the amount specified by the District. 5. Furnish easements, agreements, and all other datum or documents as required by the District. 6. Furnish Final Plat drawings for District acceptance, certifications, and endorsement. The final plat must contain the signed endorsement. The final plat must contain the signed endorsement of the Owner's and Land Surveyor's ` certification. 7. Approval of the plat is valid for one year. An extension of one year will be considered by the Commission if requested within 15 -days prior to the expiration date. Please contact me at 345-7680, should you have any questions. KG cc: Development Services Chron John Edney Chuck Rinaldi Tealey's Land Surveying City Of Meridian ADA COUNTY HIGHWAY DISTRICT Development Services Division Preliminary Report Preliminary Plat - Packard No. 2 - MRZ-7-95/Annexation Wingate Lane s/o Ustick Road, City of Meridian Packard No. 2 is a 95 -lot residential subdivision on 35.23 -acres. The site is located south of Ustick Road approximately 1/4 -mile east of Locust Grove Road, north of Packard Subdivision No. 1. This development is estimated to generate 950 additional vehicle trips per day. Roads impacted by development: Locust Grove Road - Minor arterial with bike lane designation - Traffic count 2,794 on 1-18-94 Ustick Road - Minor arterial with bike route designation - Traffic count 1,791 on 8-18-92 ACHD Commission Date - October 18, 1995 - 12:00 p.m. Facts and Findings: General Information RT - Existing zoning R-4 - Requested zoning upon annexation 95 - Lots 35.2 - Acres 265 - Traffic Analysis Zone (TAZ) West Ada - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District Locust Grove Road Minor arterial with bike lane designation Traffic count 2,794 on 1-18-94 No Frontage Ustick Road Minor arterial with bike route designation Traffic count 1,791 on 8-18-92 No frontage 2. This subdivision proposes to plat and construct a public street across an existing private road, Wingate Lane. Wingate Lane is a narrow gravel road providing access to Ustick Road for 12- 13 homes (two of which have been incorporated into this proposed development). Several residents are opposed to improving Wingate Lane to public road standards and/or having a public road cross the private road. District legal staff has advised DS staff that there is no statute prohibiting the crossing of a private road with a public road, however the authorized users of the private road have rights that will be prior to the public road. For example, those rights would probably preclude the closure of that private road without the permission of the authorized users. The developer has submitted an opinion from an attorney stating that a public roadway can be built across the private easement and utilities can be constructed across the private easement so long as the use of the private easement is not unreasonably blocked. District legal staff has reviewed the opinion and generally concurs with its contents. 3. The site plan proposes 5 stub streets, none of which connect to existing streets. 1. The Hickory Way stub (to the south) will connect to Packard Subdivision No.1 when that subdivision is constructed (also being developed by this applicant). 2. The Devlin Avenue stub (to the south) will eventually connect to Kearney Place Subdivision when Kearney Place Subdivision and the intervening property are developed. Packard No.2 - MRZ-7-95/Annexation Page 2 3. The Carnelian Street stub (to the west) will connect to Chamberlain Estates Subdivision No.1 when that approved subdivision has been constructed. 4. The Quartz Street stub (to the west) will eventually connect to Chamberlain Estates Subdivision No.2 when Chamberlain is constructed and when the intervening property is developed. 5. The Devlin Way stub (to the north) will eventually connect to Ustick Road as a residential collector when the intervening farm has been developed. Lot access will be restricted as per District policy. 4. Packard Subdivision No. 1 abuts the southern boundary of the proposed subdivision. Packard Subdivision No. 1 connects to Fairview Avenue via Hickory Way, a 41 -foot back-to-back collector street. With the development of the 95 lots in Packard No.2 and other approved development, Hickory Way will carry 7,000 vpd at Fairview Avenue. When Packard No. 2 is constructed with its only street connection through Packard No. 1, a section of Hickory Way will temporarily have 12 -lots with direct access and/or front -on housing and 1,500 vpd and another section will have 2 -lots with direct access and 1,900 vpd. This situation will last until other properties are developed and an additional collector street connection can be constructed out to Eagle Road, one-quarter mile east of Packard No. 1 Subdivision. District policy states that the ADT on local streets will typically be less than 1,000 but may reach 2,000 is some situations. Although the 1,500 to 1,900 vpd on Hickory Way will be temporarily high volumes, they will decrease when new residential collector street connections are made to Eagle Road and Ustick Road. However, there is no way to forecast how long this temporary arrangement will remain. 5. Chamberlain Estates Subdivision No. l has 99 -lots. All roads within Chamberlain Estates No.l are local streets. The traffic study states that Cougar Creek Road will reach 1,000 vpd at Locust Grove Road and Chateau Drive will reach 2,600 vpd with the development of Packard No.2. 6. It is difficult for staff to anticipate which street connections will be constructed first. The applicant has direct control over the scheduling of construction for Packard No. 1, but as stated above, no more than 400 additional vehicle trips should be routed to Hickory Way. Chamberlain Estates No.l is the only other parcel that has received preliminary plat approval (and has applied for a time extension) and can be expected to develop in the near future; however, this possible street connection would be of insignificant value because the trip destination point for the majority of vehicles in this area is to the southeast, to Boise, encouraging use of Hickory Way. 7. This application was heard by the Meridian Planning and Zoning Commission on June 22, 1995, and was tabled until September 12, 1995, to receive a response from the District. Packard No.2 - MRZ-7-95/Annexation Page 3 Site Specific Requirements: Provide documentation to the District that the authorized users of the private road have subordinated their rights to use the road to the Highway District to the extent that public roads and utilities may cross the easement for the private road, or an opinion from a practicing attorney that such crossings can legally occur. 2. Construct all internal streets to a 37 -foot back-to-back street section with 5 -foot sidewalk (Meridian width requirement) within a 50 -foot right-of-way. 3. Two of the knuckles or half culdesacs shall be constructed with median islands, maintaining a minimum travel width of 21 -feet to the back of curb. Coordinate with District Traffic Services Division. 4. All landscaped medians shall be separate platted lots owned and maintained by a homeowners association. 5. Maintain a minimum radius of 100 -feet on all curves having other than 90 -degree angles of deflection. 6. E. Challis Street (as depicted on the drawing on file dated September 15, 1995) shall be dedicated but not constructed across Wingate Lane until the two properties south of the street crossing are developed and construction has been approved by the Ada County Highway District Commission. The developer shall deposit the cost of constructing E. Challis Street across Wingate Lane and removing the gates required below to the Public Rights -of -Way Trust Fund. 7. Provide and install two gates, one at each end of the unconstructed portion of E. Challis Street across Wingate Lane, that will allow the passage of pedestrians and bicycles along the unconstructed section of the street but not automobiles. 8. Construct a 14 -foot wide all weather road along the route of the sanitary sewer line in all unplatted areas of the proposed subdivision, including the portion of E. Challis Street across Wingate Lane. 9. Provide legal and physical means of access from the Reichert parcel to the public street system. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the Development Services Supervisor. The request shall Packard No.2 - MRZ-7-95/Annexation Page 4 specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. Requests received prior to the date scheduled for Commission action shall be rescheduled for discussion with the Commission on the next available meeting agenda. 2. A request for an appeal of the Commission's action shall be made in writing to the Development Services Supervisor within 15 calendar days of the action and shall include a minimum fee of $110.00. The appeal will be scheduled to be heard by the Commission within 20 calendar days after receipt. The request for appeal shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. 3. A right-of-way permit must be obtained from ACHD for any street or utility construction within the public right-of-way. Utility cuts should be combined where practical to limit pavement damage. Contact Construction Services at 345-7667 (with zoning file number) for details. 4. Submit site drainage plans and calculations for review and appropriate action by ACHD prior to issuance of building permit (or other required permits). The proposed drainage system shall retain all storm water on-site and shall conform to the requirements of the City of Meridian. Public street drainage facilities shall be located in the public right-of-way or in a common lot owned by a homeowners association set aside specifically for that use. There shall be no trees, fences, bushes, sheds, or other valuable amenities placed in said easement. Drainage lots and their use restrictions shall be noted on the plat (when applicable). 5. Locate driveway curb cuts a minimum of 5 -feet from the side lot property lines when driveways are not being shared with the adjacent property. 6. Construct pedestrian ramps on the corner of all street intersection in compliance with Idaho Code, Section 40-1335. 7. Dedicate a 20'x 20' right-of-way triangle (or appropriate curve to keep street improvements within the public right-of-way) at all intersections abutting and/or within the development prior to issuance of building permit (or other required permits). 8. Continue existing irrigation and drainage systems across parcel. 9. Continue borrow ditch drainage abutting parcel (culvert may be required). Packard No.2 - MRZ-7-95/Annexation Page 5 10. Provide written approval from the appropriate irrigation/drainage district authorizing storm runoff into their system. 11. If street improvements are proposed, locate obstructions (utility facilities, irrigation and drainage ditches and appurtenances, etc.) outside of the public right-of-way, as may be required by the District. Authorization for relocations shall be obtained from the appropriate entity. 12. Locate proposed sign(s) out of the public right-of-way and out of the clear -vision sight -triangle of all street and driveway intersections. 13. Install a stop sign on every unsignalized approach of a project street to an intersection involving a collector or arterial as the cross -street. The stop sign shall be installed when the project street is first accessible to the motoring public. 14. The developer is required to install street name signs at the locations approved by the Ada County Highway District. Purchase street name signs, sign poles, and mounting hardware from ACHD's Traffic Operations Department or an approved outside supplier. The District will not manufacture street signs until a copy of the recorded plat showing the recording data has been provided to Development Services staff. 15. Provide a clear vision sight triangle at all street intersections. Within this triangle no obstruction higher than 36 -inches above the top of pavement will be allowed, including landscaping, berms, fences, walls or shrubs. The triangle shall be defined by the long leg measured down the centerline of any collector 350 -feet; and the short leg measured down the centerline from the collector street curb line 20 -feet. Provide notes on the plat and street construction plans of these restrictions. 16. Submit three sets of street construction plans to the District for review and appropriate action. 10. Provide design data for proposed access to public streets for review and appropriate action by ACRD. 11. All public streets and drainage systems shall be designed and constructed in conformance with District standards and policies. 12. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 13. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. Packard No.2 - MRZ-7-95/Annexation Page 6 14. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. Should you have any questions or comments, please contact the Development Services Division at 345-7662. Submitted by: Date of Commission Approval: Development Services Staff Packard No.2 - MRZ-7-95/Annexation Page 7 N 1/4 SECT. 5 T3.N., R.I.E. WINGATE LANE EXHIBIT V.L. & CRAIG & JOHN & HULDA SUSAN SHIRI-EY SITUATED IN NW 1/4 SECTION 5 HOLLADAy LACY SCHEY T.3N., R.E., B.M., 212445 212405 ADA COUNTY, IDAHO 120800 120775 N GARY & BILLIE JO'' PREMOE 212465 A LAGHE oG� S 120850OHN & JULIE 0 150 300 600 KAAAY DRIVE BLAKESLEE CRAIGE 9 28 ER SCALE IN FEET 27 33 212485 THOMPSO I" = 300' 32 120880 31 26 ` DIXIE ROBER PROPERTY OWNERS KEY 25 20 I 30 ❑ V.L. & HULDA HOLLADAY L ER & AR '-- < DAUVE CRAIG & SUSAN LACY Ct 21 17 = 29 121040 ❑ JOHN & SHIRLEY SCHEY J22 6 28 21253 WILLIAM GALLLAGHER " JOHN &JULIE BLAKESLEE L�. 15 27 6 zs 1 24 23 CRAIG & ROBERTA THOMPSON 22 E]GARY & BILLIE JO PREMOE E. CHUIERE sr. 4{ 14 21 � CATHERINE PET ERSO❑ DIXIE ROBERTS 13 12 10 131450 ❑ ALBERT & MARY DAUVEN r 2 3 4 5 6 7 W CATHERINE PETERSON 8 9 1 --a- ❑ GARY IMBS, WIRT EDMONDS & E. CHEAISE ST, J CRAIG GROVES In W FRED & ANA HELEN SHARP y . 7 2 3 4 Q -F-- 15= J 2 U y7j ---- z -- 3-y 14 13 12 2 N 5 8 J 8 7 b S W 16 11 — Ld W D h 3 4 9 E. CHALLIS ST. Q -----I e +_ 23 22 21 GARY IMBS 6 WIRT EDMONDS24D; CRAIG GROVES 2 4 CHAT U H DOWS 244350 244300 S -VB DIY ION O8 25 - (RIECHERT PARCEL) MEAppWcxtAss --- _ ��, v tg U ". 26 4 I 3 0 W----- - 27 __ I --- t2 __ 0 17 4 28 J 2 z W 16 FRE ANE A 24455 3 > 6 o<FLOCH7AADOW O15 43za s TEALEY'S LAND SURVEYING 2501 BOGUS DAM RD. *- BOISE, IDAHO 83702 ;406-WINGATE.dwg 1-17-02 :1.2,'730 0^- EXI-IIBIT 'B' Icno President Vice President (E, Secretary Minutes of the regular Commission meeting held 1995, at 12:00 noon, in the offices of the Ada District, 318 East 37th Street, Boise, Idaho. Commissioners Bruce, Huber, and Eastlake present. Approximately twenty-five citizens present. October 18, County Highway Ada County Highway District staff present: Jerry Nyman, Kent Brown, Terry Little, Larry Sale, Karen Gallagher, Mike Brokaw, Dave Wynkoop, Steve Spickelmier, John Edney, Dave Szplett, Joe Rosenlund, D. Brown, and Alice Sinsel. Commissioner Bruce called the meeting to order at 12:03 p.m. CONSENT AGENDA: DEVELOPMENT APPLICATIONS; REVISED LICENSE AGREEMENT ALLEY, BLOCK 31 LAMBERTON'S ADDITION•CHANGE ORDER NO. 5 NEIGHBORHOOD ENHANCEMENT OVERLAY PROJECT NO. 52128.0(4) - Larry Sale requested that item A-9, Chesnut Hills Preliminary Plat, be remanded to staff to be brought back next week; that item A-5, Parhelion Condos, and item A-3, Auto Park, Preliminary Plats, be removed from this agenda and placed on next week's agenda for discussion. Commissioner Eastlake re- quested that under item A* -10, 95 -77 -CU, 5580 Coffey Street, that the Highway District include a special recommendation to ITD that they install sidewalks along their frontage on Chinden Boulevard. She explained her request and the need for the sidewalk because of the residential area in the near vicinity. After discussion, Commissioner Huber moved to approve the items listed under the Consent Agenda with the following exceptions: that items A-3 and A-5 be deferred for one week; that item A-9 be remanded to staff; and that item A-10 have a special recom- mendation for sidewalks along Chinden Boulevard. Commissioner Eastlake seconded. Motion carried unanimously. DISCUSSION OF STAFF REQUIREMENTS, SUB NO. 2 - Larry Sale explained that requested that this item be deferred discussion. 'Commissioner Huber state tion and stated that if everyone is need to be deferred any further. She trict shouldn't get involved in any crossing Wingate Lane; she suggested stalled in public right-of-way across PRELIMINARY PLAT PACKARD Mr. and Mrs .Sharp had to an evening meeting for d that she had a sugges- in agreement, it might not suggested that the Dis- legal issue with regard to that the sewer be in - the lane; that it be ada county highway district EXHIBIT 'C' 318 East 37th • Boise. Idaho 83714-&dQQ • Phnr)ca (,)nu)'1AF Ston Commission Meeting - October 18, 1995 Page 2 Discussion, Packard Sub No 2 (Continued gated east to west. She stated that solution would allow the Sharps to use Wingate Lane with no disruption in any of the services or use and would allow non -vehicular interconnectiv- ity. If and when the Sharp and Reichert properties develop, the connection could be opened up to vehicular traffic. Discus- sion held concerning the ability of the District to gate a public road and the method by which a temporary cul-de-sac would be installed which would eliminate the use of Wingate Lane from Packard No. 1. Also discussed was the alignment of the future sewer facility and the phasing of the development. Larry Sale stated that he doesn't have a problem with the sug- gested solution as long as there is no legal problem with plac- ing the gate across public right-of-way. Commissioner Eastlake agreed with Commissioner Huber's suggested solution for this point in time; at some future date it may be appropriate to open the gates and pave that section of roadway to allow interconnectivity between the two neighborhoods; it would also put the burden of the gates on the developers rather than on the Wingate Lane residents. Dale Sharp, 2445 Wingate Lane, stated that he believes Commis- sioner Huber's idea is a pretty good one because it would limit the access to the lane and allow them free access to receive the mail, newspaper, etc. He wanted to make sure that the gates are very well constructed to make sure people don't get through there. Larry Sale pointed out that there should be some provision made for the two property owners to the south to be able to use the public road system. The Commissioners stated that they would not have anything more than they have currently, the use of Wingate Lane. Ted Hutchinson, Healy's Land Surveying, 109 South 4th Street, stated that they have ,no problem with placing the gates on the east and west sides of the lane, with the understanding that the roadway will be public roads constructed to ACHD standards, with the short strip of gravel gated on either end. Helen Sharp, 2445 Wingate Lane, pointed out that the agreement for ownership of Wingate Lane will indicate that the people on the east side of the lane will own the adjacent portions of the lane. She wanted to know if they will be required to assist in the maintenance of the lane;,that needs to be taken into consid- eration. She stated that they have people who live.on the lane who would like to speak about this matter. Commissioner Bruce, speaking about the letter submitted by Mrs. Sharp from her attorney, pointed out that any time the District makes a mis- take, she has an absolute right to ask for injunctive relief. Mrs. Sharp stated that since this is a new idea, the neighbors #` should have the opportunity to provide input. Dale Sharp, 2445 Wingate Lane, stated that he believes Commis- sioner Huber's idea is a pretty good one because it would limit the access to the lane and allow them free access to receive the mail, newspaper, etc. He wanted to make sure that the gates are very well constructed to make sure people don't get through there. Larry Sale pointed out that there should be some provision made for the two property owners to the south to be able to use the public road system. The Commissioners stated that they would not have anything more than they have currently, the use of Wingate Lane. Commission Meeting - October 18, 1995 Page 3 Discussion, Packard Sub No 2 (Continued Floyd Reichert, 2575 Wingate Lane, stated that it is not fair for him not to be able to use public roads that are close to his property. Consideration should be given to the future of the community to have an even flow of traffic through that mile section. He is not in favor of a two -gate system which bars him from having access to a public road that's right at his place. He stated that he is being penalized because someone else wants to live in 1913. Discussion held concerning the Possibility of connecting with one of the public roads to the west of the gate. Mr. Reichert stated that he would have to depend on the developer for that access; he does not own land adjacent to the roadway. Ted Hutchinson stated that the developer agrees with Commission- er,Huber's recommendation and thinks they can probably work something out with the Reicherts to provide some access to a public road from their property. Larry Sale asked if it is the intent of the Commission that the developer be responsible for the ultimate construction of the roadway between the two subdivisions. He suggested that the roadway be constructed only as wide as required by the City of Meridian. Dave Wynkoop pointed out that the gates on public right-of-way is a skittish issue and suggested that the Commission find that this is a unique and compelling circumstance in order to place the temporary gates across public right-of-way. Discussion held concerning the possibility of requiring a license agree- ment for placement of the gates. Commissioner Huber moved to accept the staff recommendations, but to alter it whereby the developer has the opportunity to cross Wingate Lane with a public right-of-way; the portion crossing Wingate Lane will remain gravel; the portions east and west will be gated in a manner which will allow pedestrian access; and that at the time the Reichert and Sharp develop, the cels public right-of-way will be opened and pwillrppro- vide connectivity between the two neighborhoods. This motion is X made because of the unique and compelling circumstance and requires a little different approach to the policies. To imple- ment this motion, the developer will be a y required to dedicate the right-of-way, would not construct the roadway, eos- it the wroad ould dtrust cost of constructing the roadway into the fund. Further, that the developer is required to provide an easement and physical connection from the Reichert property to the public road system and that the subsequent lot purchasers in the subdivision not be responsible for the maintenance of Wingate Lane, inasmuch y they will not have access to it. CommiS- sinner Eastlake seconded. Motion carried unanimously. Y SITE Sch EXHIBIT 'D' APWI CHD*' Ada County Highway DistrictgallowE INTER -OFFICE MEMO Legal Department February 4, 2002 TO: Commissioners; Director Schweitzer; M. Neal Newhouse; Diane Kushlan and Gary Inselman FROM: Brad Flinders, Senior Staff Attorney SUBJECT: Legal Opinion — Packard Acres No. 2 and Wingate Lane The following question has been submitted to the Legal Department in connection with Packard Acres No. 2: Is Ada County Highway District ("ACHD") authorized to gate or allow the gating of public streets and public rights-of-way? Summary of Conclusion ACHD owns the public streets and public rights-of-way under its jurisdiction in trust for the use and benefit of the public. Absent a significant safety concern, public streets and public rights-of-way should remain open and accessible to the public. Discussion Idaho law allows highway districts to acquire and hold title to an interest in real property for public right- of-way purposes without incurring an immediate obligation to construct or maintain a highway. The highway district commissioners may proceed with highway construction when it is determined "that the necessities of public travel justify opening a highway within the right-of-way." Idaho Code §40-202(2). In the meantime, the public right-of-way retains its public nature without any corresponding duty on the part of the highway district to maintain or improve it for the benefit of the traveling public. Id. at subsection (4). Highway districts are in fact statutorily absolved from liability for any injury or damage due to the lack of such maintenance. Id. In other respects, however, the legal status of unopened public rights-of-way appears to be equivalent to that of opened highways. That is to say, in both cases the real property in question is owned by a public agency in trust for the use and benefit of the public, without any apparent distinction between them except as noted above. That being the case, the following statement of the Idaho Supreme Court in connection with public streets should apply with equal force to unopened public rights-of-way: "The state and its political subdivisions are without power to make a valid contract permanently alienating any part of the public streets and highways or permitting a permanent encroachment or obstruction thereon limiting the use of the public thoroughfares by the public." State ex rel. Rich v. Idaho Power Co., 81 Idaho 487, 346 P.2d 596 (Idaho 1959) (citations omitted). Since no legal authority to the contrary appears to exist the Legal Department views this statement as expressing the law in Idaho with respect to all public rights-of-way, whether opened or unopened. Unless necessary for some reason of public safety, ACHD has little or no basis for allowing gates on public rights-of-way. Packard Acres No. 2/Wingate Lane Legal Opinion — Page 1 of 1 EXHIBIT 'E' Al .jHR Ada County Highway District Judy Peavey -Derr, President Dave Bivens, 1 st Vice President 318 East 37th Street Sherry R. Huber, 2nd Vice President Garden City ID 83714-6499 Susan S. Eastlake, Commissioner Phone (208) 387-6100 David E. Wynkoop, Commissioner FAX (208) 387-6391 E-mail: tellus@ACHD.ada.id.us David N. Marks, P.E. December 27, 2001 Tealey's Land Surveying 2501 Bogus Basin Road Boise, Idaho 83714 RE: Packard Acres Subdivision No.2 PLANS ACCFMNCE The District has reviewed the plans for the above referenced project, and they are accepted for public street construction with the following stipulation: ✓ The plans cannot be finalized prior to the Commissioner's review of the Wingate Lane crossing sometime in January. At that time a revised set of plans may be necessary to show the new proposed Wingate Lane crossing. By stamping and signing the improvement plans, the Registered Engineer ensures the District that the plans conform to all District policies and standards. Variances or waivers must be specifically and previously approved by the District in writing. Acceptance of the improvement plans by the District does not relieve the Registered Engineer of these responsibilities. The fees and surety amount are attached. Please provide two additional sets of plans, plus an additional set of plans for each contractor, arrange for an inspection agreement to be signed, pay the inspection fee deposit, and schedule a pre -con when these items have been accomplished. Submit to Idaho Department of Water Resources a Shallow Injection Well — Notice of Construction / Inventory Form at least 30 -days prior to construction of the facility. Provide a copy of the form to the District prior to scheduling the final plat for signature. All fees must be paid and the following documents received two weeks prior to scheduling for the signature of the final plat. Please provide: an 8 '/2" x 11 " reduction of the plat, a vicinity map, a copy of the CC & R's, and the maintenance and operation manual for any drainage facilities to be located in a common lot to be owned and maintained by the homeowners association. Maintenance and Operation Manuals shall be bound and include the following: Note: Multi phase developments under the same Homeowners Association must have one manual that includes all previous phases of the development. EM BIT V 1. An 11" x 17" plan view of the subdivision showing the location of all storm drainage facilities. 2. An 8 1/2" x 11 " copy of the final plat(s). 3. Engineering drawings of the facility. These drawings must show the details of each facility that accepts ACHD drainage that the homeowners are responsible for maintaining. The plan sheets must be folded and appended to the manual. 4. A written description of the maintenance required by the Homeowners Association. 5. An itemized estimate of the annual operating and maintenance costs for the Homeowners Association. 6. A statement describing the primary purpose of the facility is for storm water. Any additions to the facility, such as park benches or additional landscaping, should be considered temporary and may be removed when heavy maintenance of the facility is needed. Replacement of these items will be the responsibility of the Homeowners Association. CC & R's Requirements 1. The recorded restrictive covenants shall include a section describing the maintenance responsibilities of the property owners within the development. 2. The Maintenance and Operation Manual outlined above must be referenced. 3. The recorded restrictive covenants shall include wording that: a. Gives the District the right to inspect such facilities, and if necessary, promptly perform any required maintenance. b. Requires District concurrence with any proposed changes in the previously approved documents. C. Allows the District to assess the costs of any required maintenance to the property within the development, including the use of liens and/or assessment of maintenance costs against the real property taxes owed by the lots within the development. d. Prohibits the Homeowners Association from dissolving without written approval from ACRD. Required Post Construction Submittals: Record Drawings and Engineer's Storm Drainage Inspection Certificate The following submittals are required after construction and prior to District acceptance of the public street improvements within the subdivision: 1. An electronic record of the as -built construction drawings and final plat of the subdivision. 2. Letter stamped and signed by the engineer of record certificating that the storm drainage system has been constructed in conformance with the accepted construction plans and that the system functions as designed. The District cannot accept the street and drainage improvements for public maintenance or release the developer's financial surety until these requirements have been met: January 11, 2001 MERIDIAN CITY COUNCIL MEETING January 16, 2001 APPLICANT Packard Estates Development ITEM NO. I Q REQUEST Final Plat approval for 61 building lots and 3 other lots on 23.02 acres for proposed Packard Acres Subdivision No. 2 - south of East Ustick Road btw North Locust Grove Road and Wingate Lane AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See Previous Item Packet 6v� Contacted: j- Te a (c .�i Date: (11Z-101 Phone: :,� C)(0 3 Materials presented at public meetings shall become property of the City of Meridian. December 29, 2000 FP 00-018 MERIDIAN CITY COUNCIL MEETING January 2, 2001 APPLICANT Packard Estates Development ITEM NO. 5 REQUEST _Final Plat approval of 61 building lots and 3 other lots on 23.02 acres for Packard Acres Subdivision No. 2 south of E. Ustick Road between N. Locust Grove and Wingate Lane AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS See previous Item Packet OTHER: Contacted: Pa_t- CL&L= Date: t Z1C'I Phone. 3J' "�'6'-3L- U Materials presented at public meetings shall become property of the City of Meridian. November 17, 2000 FP 00-018 MERIDIAN CITY COUNCIL MEETING November 21, 2000 APPLICANT Packard Estates Development ITEM NO. 2 REQUEST Regeust for Final Plat approval of 61 building lots and 3 other lots on 23.02 acres for proposed Packard Acres Subdivision No. 2 - s/o Ustick Road between Locust Grove Road and Vintage Lane AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: Pat Tealev COMMENTS See previous item packet Date: 17 -Nov Phone: 385-0636 Materials presented at public meetings shall become property of the City of Meridian. November 3, 2000 FP 00-018 MERIDIAN CITY COUNCIL MEETING November 8, 2000 APPLICANT Packard Estates Development ITEM NO. 1 REQUEST Tabled 10/17/00 - Request for Final Plat approval foo 61 building lots and 3 other lots on 23.02 acres for proposed Packard Acres Subdivision No 2 - s/o Ustick Road between Locust Grove Road and Vintage Lane AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS 5,-e- re-,utausr �-t -'.2 ok Ka- C)k e_ OTHER: Contacted:?a,1- :e Date: ( Phone: :385 Materials presented at public meetings shall become property of the City of Meridian. To: Mayor and City Council City of Meridian 33 East Idaho Meridian, Idaho 83642 From: North Wingate Lane Residents 2445 North Wingate Lane Meridian, Idaho 83642 October 16, 2000 �ECEIVEn OCT 232000 City of Mcridian City Clerk Office Re: Statement of expectations for developers of Packard Estates Development, LLC. The residents of North Wingate Lane feet it is necessary to restate their position concerning use, access, or development of Wingate Lane by anyone not directly now living in a residence on the lane. We are supported by previous documents and proceedings that specifically prohibit any kind of access to North Wingate by others not presently living on the lane. We are very weary of having to keep such a vigilant watch on the proceedings for development of the lands that abut North Wingate Lane. We have made it clear in the past that all traffic of any kind, including pedestrian and bike traffic, will be prohibited now and in the future from traveling on or across North Wingate Lane. We expect the compliance of Packard Estates Development, LLC. to the city council for the construction of permanent gates (for the use of emergency vehicles only ) and fences to assure this. The property owners on the lane established this lane as a private lane, July 25, 1913. Ada County has already ruled that no more houses may be built along North Wingate Lane that would require entrance and exit directly from the lane. The residents of the lane pool money to maintain the lane. In the past, great damage has occurred because of use by construction vehicles that have illegally used the lane to access the developing areas of Packard Estates Development, LLC. Enforcing compliance has been difficult. The council has stated that permanent, not wire, fences and gates were to be constructed along North Wingate Lane before development began. The wire fences have been lowered whenever someone wanted to use the lane to access or crossover to the east or west development. Only emergency county access is allowed. All other accesses, including utility, ACRD, or irrigation, must be done on the development property and not involve the lane in any way, or at any time. No gates will be installed to allow the passage of pedestrians and bicycles across North Wingate Lane. This allowance would only invite problems. Sometimes this area is referred to as the unconstructed portion of E. Challis. It is not. It is part of our established, permanent private lane. We greatly appreciate the efforts of Mr. Bruce Freckleton, and Ms. Shari Stiles. They have been very helpful to explain and interpret the somewhat confusing documents concerning these proceedings. We also appreciate any other entity that is working to assure that legal concerns are correctly dealt with on this matter. Please help us put to rest any further worries concerning our proper right to keep our private lane as such. Sincerely, North Wingate Lane Residents Attachment Enclosed: October 13, 2000 FP 00-018 MERIDIAN CITY COUNCIL MEETING October 17, 2000 APPLICANT Packard Estates Development ITEM NO. 5 REQUEST Tabled from October 3, 2000 - Request for Final Plat approval of 61 building lots and 3 other lots on 23.02 acres for Packard Acres Subdivision No. 2 - s/o Ustick Road between Locust Grove Road and Vintage Lane AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS See previous item packet OTHER: Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. September 29, 2000 '111 MERIDIAN CITY COUNCIL MEETING October 3, 2000 APPLICANT Packard Estates Development ITEM NO. 5 REQUEST Request for final plat approval of 61 building lots and 3 other lots on 23.02 acres for Packard Acres Subdivision No. 2 - s/o Ustick between Locust Grove Road and Vintage Lane AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS See attached comments vv OTHER: Contacted:-P/a {— TV6L( (?,ice Date: ,}— Phone: -3�7�J -���✓ �� i Materials presented at public meetings shall become property of the City of Meridian. MEMORANDUM: SEP 2 8 2000 September 28, 2000 CITY OF MERIDIAN To: Mayor & City Council CITY CLERK OFFICE From: Bruce Freckleton, Assistant to City En inee * Shari Stiles, Planning & Zoning Administrator Re: Request for a Final Plat Approval of Packard Acres Subdivision No. 2 — 60 Single- family Building Lots on 23.02 Acres in an R-4 Zone by Packard Estates Development, LLC (File# FP -00-018) We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: LOCATION & SURROUNDING USES The subject property is located west of Wingate Lane, south of Ustick Road, and east of Locust Grove Road. The parcel(s) is currently zoned R-4. The South Slough borders the property on the north, along with property owned by Vern Alleman on the north and northwest boundaries. The southwest portion of the property borders Chamberlain Estates Subdivision. Chateau Meadows East No. 8 Subdivision is south of the property, along with two five -acre parcels in Ada County. The northeast portion of the property borders other acreages with single-family homes in Ada County. The property is located in an area designated as single-family residential in the Comprehensive Plan. SITE SPECIFIC COMMENTS 1. Applicant is to meet all terms of the approved preliminary plat and development agreement. 2. Applicant has indicated previously that the pressurized irrigation system within this development is to be connected to the existing system within Packard Subdivision. The common areas within the development will be a subject to City of Meridian water assessments for the domestic backup. Payment of water assessment fees is required prior to city signatures on the final plat map. 3. Compaction test results must be submitted to the Meridian Building Department for all lots impacted by filling. 4. The design of drainage areas shall ensure that water is retained only during major storm events for a maximum 24-hour period. HUB OF TREASURE VALLEY MAYOR A Good Place to Live LEGAL' DEPARTMENT (208) 288-2499 • Fax 288-2501 Robert D. Come CITY OF MERIDIAN PUBLIC WORKS CITY COUNCIL MEMBERS 33 EAST IDAHO BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 Ron Anderson MERIDIAN, IDAHO 83642 Keith Bud (208) 888-4433 • FAX (208) 887-4813 PLANNING AND ZONING Tammy deWeerd City Clerk Office Fax (208)j Tj1 T j T�j 1 �( �-/ DEPARTMENT 08) 884-5533 FAX 888-6854 Cherie McCandless L ift MEMORANDUM: SEP 2 8 2000 September 28, 2000 CITY OF MERIDIAN To: Mayor & City Council CITY CLERK OFFICE From: Bruce Freckleton, Assistant to City En inee * Shari Stiles, Planning & Zoning Administrator Re: Request for a Final Plat Approval of Packard Acres Subdivision No. 2 — 60 Single- family Building Lots on 23.02 Acres in an R-4 Zone by Packard Estates Development, LLC (File# FP -00-018) We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: LOCATION & SURROUNDING USES The subject property is located west of Wingate Lane, south of Ustick Road, and east of Locust Grove Road. The parcel(s) is currently zoned R-4. The South Slough borders the property on the north, along with property owned by Vern Alleman on the north and northwest boundaries. The southwest portion of the property borders Chamberlain Estates Subdivision. Chateau Meadows East No. 8 Subdivision is south of the property, along with two five -acre parcels in Ada County. The northeast portion of the property borders other acreages with single-family homes in Ada County. The property is located in an area designated as single-family residential in the Comprehensive Plan. SITE SPECIFIC COMMENTS 1. Applicant is to meet all terms of the approved preliminary plat and development agreement. 2. Applicant has indicated previously that the pressurized irrigation system within this development is to be connected to the existing system within Packard Subdivision. The common areas within the development will be a subject to City of Meridian water assessments for the domestic backup. Payment of water assessment fees is required prior to city signatures on the final plat map. 3. Compaction test results must be submitted to the Meridian Building Department for all lots impacted by filling. 4. The design of drainage areas shall ensure that water is retained only during major storm events for a maximum 24-hour period. Mayor and Council September 28, 2000 Page 2 5. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing and gates installed, and road base approved by the Ada County Highway District prior to applying for building permits. Landscaping shall be installed prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, pathways, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 6. Applicant shall be responsible to construct a six -foot -high, permanent perimeter fence along property boundary (and westerly easement line of Wingate Lane), except where the City has expressly agreed, in writing, that such fencing is not necessary. Fencing is to be in place prior to applying for building permits. 7. Revise the following notes: (5) ...adjacent to the exterior subdivision boundary lines. (7) ...Lot 10, Block 5, Lot 1, Block 8, and Lots 32 and 33, Block 2... (8) ... and rot 33 Bleev 2... (12) Access to Wingate Lane is specifically_ prohibited. (13) This subdivision is subject to the terms of a development agreement recorded as Instrument No. , records of Ada County, Idaho. (14) (Provide a blanket easement to the City of Meridian over Lot 33, Block 2 for the operation and maintenance of the sanitary sewer intercepter.) (15) Lots 1, 23, 24-26, and 29, Block 9 shall be subject to the terms of the existing temporary sanitary sewer easements along their western boundary. No permanent structures, fences, trees, or brush shall be placed within said easements. 8. Remove 20 -foot -wide sanitary sewer easement south of E. Chemise Drive, and reference the existing easement instrument number north of E. Chemise Drive. 9. Show Wingate Lane on the final plat map as a 20 -foot wide easement, and reference the existing 15 -foot wide recorded private lane easement. The extra 5 -foot width is required by the City of Meridian as the minimum width for an emergency access. 10. Widen Lot 33, Block 2, by ten feet to accommodate the South Slough sewer interceptor main. Provide a blanket easement to the City of Meridian for the extension of the South Slough Sewer Interceptor (see plat note #14 above). This portion of the sewer trunk line shall be constructed at the time this subdivision is developed. 11. Revise the reference to the sewer easement along the western side of the subdivision to read: 20 -foot -wide temporary sanitary sewer easement, Instruments Nos. and (Make sure you reference both easements, Cassell, and PNE/Edmonds) 12. Add an arrow symbol to the plat legend that depicts front of house orientation. Place symbol on Lot 27, Block 2, toward N. Devlin Way. An arrow is required because less than minimum street frontage is shown on the other lot side. r Mayor and Council September 28, 2000 Page 3 13. Provide a ten -foot -wide easement for public utilities, drainage, and irrigation along the southern boundary of Lot 2, Block 2, and west of 20 -foot -wide easement for Wingate Lane along Lots 17-22, Block 2, and Lot 10, Block 5. 14. Detailed landscaping plans for all common areas, including species, size, quantities, and locations, and pathway details must be submitted for approval to the Planning & Zoning Department prior to City Engineer signing Final Plat. 15. Provide detailed fencing and gate plans that also show the proposed location of irrigation cleanout structures for approval prior to signature on the final plat. Irrigation plans must be approved by downstream water users. Perimeter fencing shall be installed prior to applying for building permits. 16. Sanitary sewer and water service to this site will be via extensions of the existing mains installed in adjacent developments. Applicant will be responsible to construct lateral sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 17. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 18. Sidewalks are to provide a clear five -foot -wide walkway pathway without encroachment of mailbox structures. 19. Wingate Lane borders the eastern boundary of this subdivision. The easement for this private roadway needs to be shown along the backs of Lots 17-22, Block 2, and Lot 10, Block 5. The easement width needs to be increased to 20 feet wide to meet Meridian Fire Department requirements. All headgate/cleanout structures are to located outside of the 20 -foot -wide easement and be accessible to water users without requiring entrance onto individual building lots or climbing over fences. 20. One of the City's requirements in the development agreement conflicts with Ada County Highway District's requirements. The applicant is not to construct the 20 -foot -wide portion of E. Challis Street at the east boundary, and is to deposit money to complete construction of E. Challis Street and remove the gates when (and ii) the two five -acre parcels to the south are developed (when Wingate Lane can be vacated). The City put a condition that a 20 -foot -wide gate be constructed at the easement line of Wingate Lane that allows emergency fire department access only (with appropriate signage). ACHD's condition of approval is to install gates and allow the passage of pedestrians and bicycles across the unconstructed portion of E. Challis Street. The homeowners along Wingate Lane have requested that all access to Wingate Lane be prohibited. Staff requests the City Council to specifically address this issue and instruct staff of preferred direction. Mayor and Council September 28, 2000 Page 4 21. Another requirement of the development agreement is provide a pathway along the South Slough, as it is designated as a pathway in the Meridian Comprehensive Plan. However, Nampa -Meridian Irrigation District will not allow a license agreement for a pathway along live irrigation ditches. Perhaps, instead of designating a pathway, the applicant could pave over the sewer easement along the slough as a "sewer access road" to satisfy the pathway requirement and avoid problems with Nampa -Meridian Irrigation District. 22. All damages to Wingate Lane caused by the developer or contractors are to be repaired immediately. Homeowners along Wingate Lane have reported that damage to the lane presently exists from construction equipment and work on the irrigation system No building permits will be accepted until the repair work is complete. The developers have agreed that no construction traffic will be allowed to access Wingate Lane. 23. Staff foresees a problem with buyers of Lots 17-22, Block 2, trying to access Wingate Lane if the easement is part of the platted lots. The developer shall have their attorney draw up a release of dominant parcel interest in the private lane easement and record it prior to signature on the final plat. Also provide a recorded copy of deed restriction to prohibit access to Wingate Lane and forbid gates or removal of permanent fencing on these lots prior to applying for building permits. Fencing shall be set at the western boundary of the 20 -foot easement for Wingate Lane. 24. Submit copies of proposed restrictive covenants and deed restrictions for review. This information was required at the preliminary plat stage; application indicates covenants have not been submitted. 25. Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat does not relieve Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. One -hundred -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 4. Submit "Final" letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform Mayor and Council September 28, 2000 Page 5 5. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 6. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 7. If possible, respond in writing to this memorandum by noon on October 3, 2000. Submit three copies of the revised Final Plat Map to the Public Works Department for compliance review prior to development plan approval. To: Mayor and City Council City of Meridian 33 East Idaho Meridian, Idaho 83642 From: North Wingate Lane Residents 2445 North Wingate Lane Meridian, Idaho 83642 October 16, 2 I U � �,�ti or1c offlc city tie Re: Statement of expectations for developers of Packard Estates Development, LLC. The residents of North Wingate Lane feel it is necessary to restate their position concerning use, access, or development of Wingate Lane by anyone not directly now living in a residence on the lane. We are supported by previous documents and proceedings that specifically prohibit any kind of access to North Wingate by others not presently living on the lane. We are very weary of having to keep such a vigilant watch on the proceedings for development of the lands that abut North Wingate Lane. We have made it clear in the past that all traffic of any kind, including pedestrian and bike traffic, will be prohibited now and in the future from traveling on or across North Wingate Lane. We expect the compliance of Packard Estates Development, LLC. to the city council for the construction of permanent gates (for the use of emergency vehicles only ) and fences to assure this. The property owners on the lane established this lane as a private lane, July 25, 1913. Ada County has already ruled that no more houses may be built along North Wingate Lane that would require entrance and exit directly from the lane. The residents of the lane pool money to maintain the lane. In the past, great damage has occurred because of use by construction vehicles that have illegally used the lane to access the developing areas of Packard Estates Development, LLC. Enforcing compliance has been difficult. The council has stated that permanent, not wire, fences and gates were to be constructed along North Wingate Lane before development began. The wire fences have been lowered whenever someone wanted to use the lane to access or crossover to the east or west development. Only emergency county access is allowed. All other accesses, including utility, ACRD, or irrigation, must be done on the development property and not involve the lane in any way, or at any time. No gates will be installed to allow the passage of pedestrians and bicycles across North Wingate Lane. This allowance would only invite problems. Sometimes this area is referred to as the unconstructed portion of E. Challis. It is not. It is part of our established, permanent private lane. We greatly appreciate the efforts of Mr. Bruce Freckleton, and Ms. Shari Stiles. They have been very helpful to explain and interpret the somewhat confusing documents concerning these proceedings. We also appreciate any other entity that is working to assure that legal concerns are correctly dealt with on this matter. Please help us put to rest any further worries concerning our proper right to keep our private lane as such. Sincerely, North Wingate Lane Residents Attachment Enclosed: � n�^ MEMORANDUM: To: Mayor & City Council From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, Planning & Zoning Administratorr� LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • FAX 888-6854 September 28, 2000 Re: Request for a Final Plat Approval of Packard Acres Subdivision No. 2 — 60 Single- family Building Lots on 23.02 Acres in an R-4 Zone by Packard Estates Development, LLC (File# FP -00-018) We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: LOCATION & SURROUNDING USES The subject property is located west of Wingate Lane, south of Ustick Road, and east of Locust Grove Road. The parcel(s) is currently zoned R-4. The South Slough borders the property on the north, along with property owned by Vern Alleman on the north and northwest boundaries. The southwest portion of the property borders Chamberlain Estates Subdivision. Chateau Meadows East No. 8 Subdivision is south of the property, along with two five -acre parcels in Ada County. The northeast portion of the property borders other acreages with single-family homes in Ada County. The property is located in an area designated as single-family residential in the Comprehensive Plan. SITE SPECIFIC CONaVIF1V'I'S Applicant is to meet all terms of the approved preliminary plat and development agreement. 2. Applicant has indicated previously that the pressurized irrigation system within this development is to be connected to the existing system within Packard Subdivision. The common areas within the development will be a subject to City of Meridian water assessments for the domestic backup. Payment of water assessment fees is required prior to city signatures on the final plat map. 3. Compaction test results must be submitted to the Meridian Building Department for all lots impacted by filling. 4. The design of drainage areas shall ensure that water is retained only during major storm events for a maximum 24-hour period. FP -00-018 Packard Acres Subdivision No. 2 HUB OF TRE4SURE (:4LLEF MAYOR A Good Place to Live Robert D. Come CITY OF MERIDIAN CITY COUNCIL MEMBERS Ron Anderson 33 EAST IDAHO Keith Bird MERIDIAN, IDAHO 83642 Tanuny deWeerd (208) 888-4433 • FAX (208) 887-4813 City Clerk Office Fax (208) 888-4218 Cherie McCandless MEMORANDUM: To: Mayor & City Council From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, Planning & Zoning Administratorr� LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • FAX 888-6854 September 28, 2000 Re: Request for a Final Plat Approval of Packard Acres Subdivision No. 2 — 60 Single- family Building Lots on 23.02 Acres in an R-4 Zone by Packard Estates Development, LLC (File# FP -00-018) We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: LOCATION & SURROUNDING USES The subject property is located west of Wingate Lane, south of Ustick Road, and east of Locust Grove Road. The parcel(s) is currently zoned R-4. The South Slough borders the property on the north, along with property owned by Vern Alleman on the north and northwest boundaries. The southwest portion of the property borders Chamberlain Estates Subdivision. Chateau Meadows East No. 8 Subdivision is south of the property, along with two five -acre parcels in Ada County. The northeast portion of the property borders other acreages with single-family homes in Ada County. The property is located in an area designated as single-family residential in the Comprehensive Plan. SITE SPECIFIC CONaVIF1V'I'S Applicant is to meet all terms of the approved preliminary plat and development agreement. 2. Applicant has indicated previously that the pressurized irrigation system within this development is to be connected to the existing system within Packard Subdivision. The common areas within the development will be a subject to City of Meridian water assessments for the domestic backup. Payment of water assessment fees is required prior to city signatures on the final plat map. 3. Compaction test results must be submitted to the Meridian Building Department for all lots impacted by filling. 4. The design of drainage areas shall ensure that water is retained only during major storm events for a maximum 24-hour period. FP -00-018 Packard Acres Subdivision No. 2 Mayor and Council September 28, 2000 Page 2 5. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing and gates installed, and road base approved by the Ada County Highway District prior to applying for building permits. Landscaping shall be installed prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, pathways, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 6. Applicant shall be responsible to construct a six -foot -high, permanent perimeter fence along property boundary (and westerly easement line of Wingate Lane), except where the City has expressly agreed, in writing, that such fencing is not necessary. Fencing is to be in place prior to applying for building permits. 7. Revise the following notes: (5.) u adjacent to the exterior subdivision boundary lines. (7) u Lot 10, Block 5, Lot 1, Block 8, and Lots 32 and 33, Block 2 u (8) u and Lot 33 Block4u (12) Access to Wingate Lane is specifically prohibited. (13) This subdivision is subject to the terms of a development agreement recorded as Instrument No. , records of Ada County, Idaho. (14) (Provide a blanket easement to the City of Meridian over Lot 33, Block 2 for the operation and maintenance of the sanitary sewer intercepter.) (15) Lots 1, 23, 24-26, and 29, Block 9 shall be subject to the terms of the existing temporary sanitary sewer easements along their western boundary. No permanent structures, fences, trees, or brush shall be placed within said easements. 8. Remove 20 -foot -wide sanitary sewer easement south of E. Chemise Drive, and reference the existing easement instrument number north of E. Chemise Drive. 9. Show Wingate Lane on the final plat map as a 20 -foot wide easement, and reference the existing 15 -foot wide recorded private lane easement. The extra 5 -foot width is required by the City of Meridian as the minimum width for an emergency access. 10. Widen Lot 33, Block 2, by ten feet to accommodate the South Slough sewer interceptor main. Provide a blanket easement to the City of Meridian for the extension of the South Slough Sewer Interceptor (see plat note #14 above). This portion of the sewer trunk line shall be constructed at the time this subdivision is developed. 11. Revise the reference to the sewer easement along the western side of the subdivision to read: 20 -foot -wide temporary sanitary sewer easement, Instruments Nos. and (Make sure you reference both easements, Cassell, and PNE/Edmonds) 12. Add an arrow symbol to the plat legend that depicts front of house orientation. Place symbol on Lot 27, Block 2, toward N. Devlin Way. An arrow is required because less than minimum FP -00-018 Packard Acres Subdivision No. 2 Mayor and Council September 28, 2000 Page 3 street frontage is shown on the other lot side. 13. Provide a ten -foot -wide easement for public utilities, drainage, and irrigation along the southern boundary of Lot 2, Block 2, and west of 20 -foot -wide easement for Wingate Lane along Lots 17-22, Block 2, and Lot 10, Block 5. 14. Detailed landscaping plans for all common areas, including species, size, quantities, and locations, and pathway details must be submitted for approval to the Planning & Zoning Department prior to City Engineer signing Final Plat. 15. Provide detailed fencing and gate plans that also show the proposed location of irrigation cleanout structures for approval prior to signature on the final plat. Irrigation plans must be approved by downstream water users. Perimeter fencing shall be installed prior to applying for building permits. 16. Sanitary sewer and water service to this site will be via extensions of the existing mains installed in adjacent developments. Applicant will be responsible to construct lateral sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 17. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 18. Sidewalks are to provide a clear five -foot -wide walkway pathway without encroachment of mailbox structures. 19. Wingate Lane borders the eastern boundary of this subdivision. The easement for this private roadway needs to be shown along the backs of Lots 17-22, Block 2, and Lot 10, Block 5. The easement width needs to be increased to 20 feet wide to meet Meridian Fire Department requirements. All headgate/cleanout structures are to located outside of the 20 -foot -wide easement and be accessible to water users without requiring entrance onto individual building lots or climbing over fences. 20. One of the City's requirements in the development agreement conflicts with Ada County Highway District's requirements. The applicant is not to construct the 20 -foot -wide portion of E. Challis Street at the east boundary, and is to deposit money to complete construction of E. Challis Street and remove the gates when (and if) the two five -acre parcels to the south are developed (when Wingate Lane can be vacated). The City put a condition that a 20 -foot -wide gate be constructed at the easement line of Wingate Lane that allows emergency fire department access only (with appropriate signage). ACHD's condition of approval is to install gates and allow the passage of pedestrians and bicycles across the unconstructed portion of E. Challis Street. The homeowners along Wingate Lane have requested that all access to Wingate Lane be prohibited. Staff requests the City Council to specifically address this issue and instruct staff of preferred direction. FP -00-018 Packard Acres Subdivision No. 2 Mayor and Council September 28, 2000 Page 4 21. Another requirement of the development agreement is provide a pathway along the South Slough, as it is designated as a pathway in the Meridian Comprehensive Plan. However, Nampa -Meridian Irrigation District will not allow a license agreement for a pathway along live irrigation ditches. Perhaps, instead of designating a pathway, the applicant could pave over the sewer easement along the slough as a "sewer access road" to satisfy the pathway requirement and avoid problems with Nampa -Meridian Irrigation District. 22. All damages to Wingate Lane caused by the developer or contractors are to be repaired immediately. Homeowners along Wingate Lane have reported that damage to the lane presently exists from construction equipment and work on the irrigation system. No building permits will be accepted until the repair work is complete. The developers have agreed that no construction traffic will be allowed to access Wingate Lane. 23. Staff foresees a problem with buyers of Lots 17-22, Block 2, trying to access Wingate Lane if the easement is part of the platted lots. The developer shall have their attorney draw up a release of dominant parcel interest in the private lane easement and record it prior to signature on the final plat. Also provide a recorded copy of deed restriction to prohibit access to Wingate Lane and forbid gates or removal of permanent fencing on these lots prior to applying for building permits. Fencing shall be set at the western boundary of the 20 -foot easement for Wingate Lane. 24. Submit copies of proposed restrictive covenants and deed restrictions for review. This information was required at the preliminary plat stage; application indicates covenants have not been submitted. 25. Stafrs failure to cite specific ordinance provisions or terms of the approved preliminary plat does not relieve Applicant of responsibility for compliance. p e t GENERAL REQUIREMENTS' 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, inrsecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. One -hundred -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. FP -00-018 Packard Acres Subdivision No. 2 Mayor and Council September 28, 2000 Page 5 4. Submit oFinalp letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 5. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 6. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 7. If possible, respond in writing to this memorandum by noon on October 3, 2000. Submit three copies of the revised Final Plat Map to the Public Works Department for compliance review prior to development plan approval. FP -00-018 Packard Acres Subdivision No. 2 ** TX CONFIRMATION REPORT ** DATE TIME TO/FROM 29 10/17 14:29 PUBLIC WORKS 30 10/17 14:32 LEGAL DEPARTMENT 31 10/17 14:36 208 888 6854 AS OF OCT 17 '00 14•j9 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS OF --S 02'17" 008 125 OK EC --S 03'25" 008 125 OK EC --S 02'35" 008 125 OK fti� ' To: Mayor and City Council V1� �� City of Meridian 0� 33 East Idaho \ �� Meridian, Idaho 83642 From North Wingate Lane Residem 2445 North Wingate Lane Meridian, Idaho 83642 )ctober 16, 2000 ?�Vu Re: Statement of expectations for developers of Packard Estates Development, LLC. The residents of North Wingate Lane feel it is necessary to restate their position concerning use, access, or development of Wingate Lane by anyone not directly now living in a residence on the lane. We are supported by previous documents and proceedings that specifically prohibit any kind of access to North Wingate by others not presently living on the lane. We are very weary of having to keep such a vigilant watch on the proceedings for development of the lands that abut North Wingate Lane. We have made it clear in the past that all traffic of any kind, including pedestrian and bike traffic, will be prohibited now and in the future from traveling on or across North Wingate Lane. We expect the compliance of Packard Estates Development, LLC. to the city council for the construction of permanent gates (for the use of emergency vehicles only ) and fences to assure this. The property owners on the lane established this lane as a private lane, July 25, 1913. Ada County has already ruled that no more houses may be built along North Wingate Lane that would require entrance and exit directly from the lane. The residents of the lane pool money to maintain the lane. In the past, great damage has occurred because of use by construction vehicles that have illegally used the lane to access the developing areas of Packard Estates Development, LLC. Enforcing compliance has been difficult. The council has stated that permanent, not wire, fences and gates were to be constructed along North Wingate Lane before development began. The wire fences have been lowered whenever someone wanted to use the lane to access or crossover to the east or west development. Only emergency county access is allowed. All other accesses, including utility, ACHD, or irrigation, must be done on the development property and not involve the lane in any way, or at any time. No gates will be installed to allow the passage of pedestrians and bicycles across North Wingate Lane. This allowance would only invite problems. Sometimes this area is referred to as the unconstructed portion of E. Challis. It is not. It is part of our established, permanent private lane. We greatly appreciate the efforts of Mr. Bruce Freckleton, and Ms. Shari Stiles. They have been very helpful to explain and interpret the somewhat confusing documents concerning these proceedings. We also appreciate any other entity that is working to assure that legal concerns are correctly dealt with on this matter. Please help us put to rest any further worries concerning our proper right to keep our privates lane �as�su"ch_ CY Sincerely,�✓5 ��`C�?iCO.J'�p=--- North Wingate Lane Residents Attachment Enclosed: // NOV, -1?' 00(FRI) 14:05 PARKPOIN`Lz�OMMERCL GM' N. DIscovery Way, Suite 120, Boise, ID. 83713 Phone(208)323-g1sa Fax(208)323-4102 LM To: Will Berg Fax 888-4218 Phone: Re: Packard Acres #2 ❑ Urgent ❑ For Review TEL : 20867281-4,1 P. 001 Fromc Stacy Wirick Pages: 2 including cover Date: 11/17/00 CC: ❑ Please Comment ❑ Please Reply ❑ Please Recycle Dear Will, Attached, please find our request to table Packard Acres #2 from the public hearing on November 21, 2000. Please contact me with any question or concems you may have. Sincerely, Stacy Wirick NOV 17 '00 13:37 2086728201 PAGE.01 IVDU.-17'00(FRI) 14:05 PARKPOINTECOMMERCL TEL:2086728201 P. 002 Packard Estates Development, 'LLC. 6223 N. Discovery Way, #120 Boise, Id. 83713 (208)323-4002 November 17, 2000 Will Berg Meridian City Clerk 33 East Idaho Meridian, Id. 83642 Re: Packard Acres #2 Dear Mr_ Berg: � C�IVED NOV 17 2000 CITY OF MEgIDrAN Please accept this letter as our formal request to have the hearing for Packard Acres #2 tabled from the November 21, 2000 public hearing. The engineer for the project will be out of town, therefore we feel we will not have the proper representation. Please have us added to the next available hearing. Thanking you in advance for your cooperation. Administrative Assistant to R. Craig Groves NOU 17 '00 13:37 2086728201 PAGE.02 G . j C-`/ ` O In c� o , ,tl� 7.A a 6--T4 L✓ .Cv,s T /c,/ c o'c W' i �� .► �-� L .a w C.J r L O `� r �/ G ( o ..rT y 4 N A a. %A o !� ( Z� +.0 % B v T j d t t y c G v /i "....X- V a i C 4b f S' U f J / J a ti . ['f o ✓ t L.' . �+t .✓-..s' /'� L4% e / ' z c•it - /f C G c 1/ �: C, .% t_ `�' ✓ / �i La.�j !t, f iJ �F c .l • (� --� 4– 4 Ja -C � ] (..tet j" � �' d} 1 ... i. ✓� H't ,,..t v cr i ..�-Ter L r A9 Al 1-1 Il- C - L `f C. ..yJ /;u 7- pix l 7 7-4- d 77,o Q . to a /� T T4 G1 LH i IN -s; o C> I �1 pA�� ate✓ 1 6 � u IN vNTJ N Cl( L / - I'q � IOA — /+-L 0 r I ✓i n w/ C: A J t '+a , 1 ' ► ra n O �/ r . �OwAIS /f' v�d✓iC4J .rte^ k` 7 _ N,A /�Jr' Ati � � s••• zip E 4 CC tj-r N / � 0 La .f J•f� L 7. :,.:.... � V i V ' tr c N� C- '. r r •N.rCr � 6i.ft•� � d /C I�j 1 N/ .J l• a', r C TEs� _ N,A /�Jr' Ati � � s••• zip E 4 CC tj-r N / � 0 La .f J•f� L 7. :,.:.... n A/ ,n i 4 C. C ,(i I C L( J iJ/7L,-Lf6.ej P T� orA�S j -rA / J � f J V e, r U � U Q d a ft N C � Yl , V r .4 O ✓ G i"}� � ct L G C r n% C N A 7-4 o �• Z� �L %— e o T j[ C y c G e 1 /i •v L J LI f ✓ / J 10 .� C/ u ✓ C.. _s /� r• -L rJ -..s /� l'( I`r 4 ' /� �- f c `, '7—/7 A UvL_ E .-Z n .` y e t_ y J `ire L --j f ► f �J �.54so -Cc 7 % O L7 , /?-/-+ y.. ,cam v� o ..✓ �' "'� 1 / /.r / C .J c' - -N r r ' C-. �1 7 /Al T � Y / / T C N 7 Cl— Z— /V 6.6, s V v T- T 7 FIX � � �� ,, 7<�� / i me roff ice MEMORANDUM RECEIVED To: William G. Berg, Jr. JAN 18 2001 From: Wm. F. Nichols CITY OF MERIDIAN Subject: PACKARD A RES NO.2 SUBDIVISION (FP -00-018) Date: January 18, 2000 Will: Regarding the above referenced matter, please find attached the original of the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval by the City Council. After approval and the appropriate signatures, please serve a copy of the Order upon the Applicant, with a Certificate of Service in the file, and a copy to Planning and Zoning, Public Works and the City Attorney. If you have any questions, please give me a call. msg/Z:\Work\M\Meridian\Meridian 15360M\Packard Sub FP1ats\BergFP018mem.wpd interoffice MEMORANDUM RECEIVED To: William G. Berg,Jr. JAN 19 2001 From: Marlene St. Geor CITY OF MERIDIAN Subject: Packard Acres No. 2 Subdivision (FP -00-018) Date: January 18, 2001 Please find attached a new page 4, with signature for the Mayor and yourself, for the above matter. As per our discussion, all Preliminary Plats will have the Roll Call language and all Final Plats will have a signature line for the Mayor and yourself. If you need anything further, please advise. Z:\Work\M\Meridian\Meridian 15360M\BridgeTower AZ017 CUP043 PP017\13erg011801.Mem Ey/Z:\Work\M\Meridian\Meridian 15360M\BridgeTower AZ017 CUP043 PP017\Berg01 1801.Mem 2. The final plat upon which there is contained the Certification and signature of the City Cleric and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: a. The Plat dimensions are approved by the City Engineer; and b. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. By action of the City Council at its regular meeting held on the day of , 2001. ROLL CALL: COUNCILMAN RON ANDERSON VOTED: COUNCILMAN KEITH BIRD VOTED: COUNCILWOMAN TAMMY deWEERD VOTED: COUNCILWOMAN CHERIE McCANDLESS VOTED: MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED: Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. Bv: City Cleric Dated: msg/ZAWork\M\Meridian\Meridian 15360M\Packard Sub MatsTPOrderNo2 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PACKARD SUBDIVISION NO. 2 (FP -00-018) -4 Memorandum To: Will Berg, Jr. — City Clerk CC: file From: Gary Smith Date: 12/30/99 Re: Packard Subdivision No.2 — Final Plat RWEIvED DEC 3 0 1999 CITY OF MERIDIAN Will: Here is final plat mylar Sheet No.1 and No.2 for this subdivision. I have signed Sheet No.2 in the appropriate space after review of my file and of the documentation submitted by the developer for the Letter of Credit. I believe that you have the original Letter of Credit and its support documentation. If you have any questions, give me a call Regards, Gary 1 Packard Estates Development, LLC 6223 North Discovery Way Suite 120 Boise, ID 83713 Office: 208-323-4002 City of Meridian C/o Gary D. Smith Public Works Director 200 E. Carlton Suite 100 Meridian, ID 83642 RE: Packard Subdivision No. 2 — Fin,, 13FcF,wED DEC 16 1999 CITY OF MERIDIAN Dear Gary: Enclosed is a Letter of Credit from We �" �q $50,001.33 representing 110% of the cost of imps ing the letter of credit amount. Also, we are enclosin ;ment Fees for Packard Estates #1 and #2 in the am( / However, before processing this cher osessment Fee for common areas when our common aroaa My understanding is that we paid a Water Assessment Fee at the- time we Paurrv.-.-______nd backflow preventor when we installed the Urban Pressure Irrigation Pumping Station. Please check this out. Also, in regards to the temporary construction fencing are you going to require that this fence be installed prior to issuance of any building permits? We feel that since we own all the adjoining land and since we are trying to hold a pre -construction meeting to start development on the next phase that we should not be required to install this fence. Please let me know you thoughts. Thanks for all of your help and have a happy holiday season. Sincerely Yours, Packard Estates Development, LLC Ry--, Craig Groves Managing Member Cc: City Clerk, Bruce Freckleton y"*or.J-J ~r City of Meridian, Building Department 200 E Cart Y <� 24 HOUR ton, Suite 100 INSPECTION LINE Meridian ID 83642 PH 887-2211 / FAX 887-1297 DEC 21 1999 Building Permit CITY OF MERIDIAN Page:1 Permit Number: BP1999-322 Printed: 12/20/1999 Approved: Applicaft, PACKARD ESTATES DEVELOPMENT Zoning: 6223 N.DISCOVRY WAY, SUITE 120 Addition: Boise, ID 83713 Block: Lot(s): Parcel Number: PARC19911 b � Section: 1 PACKAI �� ,�p S Cco.� C-\,—wnship: MERIDIAN `L" f s^ \- V -S �'�"` � _ Range: '' Area: Legal Description: � S g I"` --C-11 PROPERTI l]>- _ P-Ss-e-s� ,�'Sc�3Z Local Livens � �S cv� Fees and Receipts: Number FEE1999-1678 RCPT1999-564 Construction Value: $0.00 rice: -ax: se: mount 332.00 _32.00 $5,632.00 Receipts Total: $5,632.00 Structure Use: Start Date: 00/00/0000 Purpose: Water Assessment fee's End Date: 00/00/0000 Floor Areas Living Space: 0.00 Basement/Storage: 0.00 Garage: 0.00 Porches: 0.00 Decks: 0.00 Other: 0.00 Total Area: 0.00 Site Area: 0.00 Structure Area: 0.00 Percentage of Site: Impervious Surfaces House: 0.00 Porch/Walk: 0.00 Garage: 0.00 Other: 0.00 Driveways: 0.00 Total: 0.00 CITY OF MERIDIAN Application for Water & Sewer Assessment or Reassessment Important: Complete all items, check all applicable spaces. 1. Location of Su ision:Address: Ck�.rd ",t � 4 Z Block Lot: Building Proposed Use: See item 6 below (CyNrVAQf\ (VC, ❑ City Sewer 0- Residential ❑ Commercial El industrial ❑ Other ❑ Septic Tank 2. Owner: 7-Lc,,S \-a4-e_S Z)2J-e:o-p&A_a�j LL—,- Phone No 323 - I-{ pOZ 3. Contractor: Phone No. 4. Plumber: Phone No. 5. Architect: Phone No. 6. Residential: Commercial: Industrial: New Structure Recreational/Amusement Food/Milk Processing Existing Church/Religious Org. Plating/Metals Remodel Service Station Warehouse/Storage Addition Car Wash/Garage Other - Specify Single -Family Office/Bank/Professional Two or More Family School/Library Number of Units Other - Specify Note: Plans shall be furnished Other - Specify �qW_r ASS CSS for all commercial and LScc' Floor Space, Sq. Ft. Industrial Buildings 7. All fees shall be paid to the City of Meridian when building permit is obtained. 8. No Water Meter will be installed prior to approval of all inspections and payment of fees. 9. Inspection required at water meter yoke where plumber makes, connection, at connection of sprinkler system and at location of backflow prevention device. 10. Person signing application is responsible for notification for inspection, and/or deficient materials or workmanship by sub- contractors. 11. For Meter Installation call 888-5242. Signature of Applicant: Address and Phone o.: ate: For Office uce Only Maie%w Th;c i .,__. CITY OF MERIDIAN Application for Water & Sewer Assessment or Reassessment Important: Complete all items, check all applicab 1. Location Su ision: of ckG,d # Building Proposed Use: See item 6 below P§- Residential ❑ Commercial ?. Owner: �.c.. S Vr 3. Contractor: 4. Plumber 5. Architect: 3. Residential: Comm New Structure R Existing C Remodel S1 Addition C. Single -Family 01 Two or More Family Sc Number of Units Ot Other - Specify k)jCje.r 14S:e.SS Plating/Metals Scoff-e- Warehouse/Storage Flc '. All fees shall be paid to the City of Meridian whe 3. No Water Meter will be installed prior to approva 3. Inspection required at water meter yoke where pl of backflow prevention device. 10. Person signing application is responsible for notif contractors. 11. For Meter Installation call 888-5242. signature o pp icant: Tress =or Office use Onl Below This Line :Approved Amount Due Date Permit Fee F c!R Water Asses: Number of Cc ' Size of Meter Approv Latecomer As Lawn SprinklE Backflow Dev Fire Sprinkler Backflow Devi Approved ewer hook atecomer Assess Dtal X$ )tal Due ate Meter Installed by, Nam e spaces. J Address: Block Lot: CC7YAMQf\ Fec` LD ❑ City Sewer ❑ Industrial ❑ Other ❑ Septic Tank Phone No 3Z3 E—( 00 Phone No. Phone No. Phone No. -rcial: Industrial: CI'T'Y OF MERID 3creational/Amusement Food/Milk Processing lurch/Religious Org. Plating/Metals :rvice Station Warehouse/Storage rr Wash/Garage Other - Specify Tice/Bank/Professional hool/Library her - Specify Note: Plans shall be furnished �S for all commercial and ,or Space, Sq. Ft. Industrial Buildings 1 building permit is obtained. I of all inspections and payment of fees. umber makes connection, �:= connection of sprinkler system and at location kation for inspection, and/or deficient materials or workmanship by sub - and PRone o.: ate: Date received by Water De t. Number of Approved )r S�'b E uiv. Conn B.O.A. Ins ection Comments ment 3 )nnections6 Dd sessment r Connection ce Connection Connection ce Connection Date BOA No. Equiv. Amount Inspection Comments Conn. +$ _ ty No. Mfg. No. Account No. nount Paid Co Date oto 199 Size Make Reading Packard Estates Development, LLC 6223 North Discovery Way Suite 120 Boise, ID 83713 Office: 208-323-4002 City of Meridian C/o Gary D. Smith Public Works Director 200 E. Carlton Suite 100 Meridian, ID 83642 RE: Packard Subdivision No. 2 — Final Plat Recording Dear Gary: RECEIVED DEC 1 b i99 CITY OF MERIDIAN Enclosed is a Letter of Credit from Washington Federal Savings and Loan in the amount of $50,001.33 representing 110% of the cost of improvements yet to be completed as well as the bids backing the letter of credit amount. Also, we are enclosing a check to the City of Meridian for the Water Assessment Fees for Packard Estates #1 and #2 in the amount of $5,632.00. However, before processing this check please explain to me why we are paying a Water Assessment Fee for common areas when our common areas are watered by the pressure irrigation system. My understanding is that we paid a Water Assessment Fee at the time we paid for the meter and backflow preventor when we installed the Urban Pressure Irrigation Pumping Station. Please check this out. Also, in regards to the temporary construction fencing are you going to require that this fence be installed prior to issuance of any building permits? We feel that since we own all the adjoining land and since we are trying to hold a pre -construction meeting to start development on the next phase that we should not be required to install this fence. Please let me know you thoughts. Thanks for all of your help and have a happy holiday season. Sincerely Yours, Packard Estates Development, LLC RS1__' Craig Groves Managing Member PACKARD ESTATES DEV LLC 1036 6223 N. DISCOVERY WY. STE. 120 Cc: BOISE, IDAHO 83713 92-7008/3241 City Clerk, �atrl2j�,/99 Bruce Freckleton 91�gto the City Of dean M (�rilrr of em $ 5,632.00 Five Thousand Six Hundred Thi T., nr,iiars Bn1t o IIfH .ieas o. s I Washington Federal Savings ® Cole & Ustick Office 3197 N. Cole Road, Boise, ID 83704 1:3 24 7008 Si: 02? 740600 Sus i i Memorandum To: Will Berg, Jr. — City Clerk CC: file From: Gary Smith Date: 12/30/99 Re: Packard Subdivision No.2 — Final Plat RFcF-PvrED DEC 3 0 1999 CITY OF MERIDIAN Will: Here is final plat mylar Sheet No.1 and No.2 for this subdivision. I have signed Sheet No.2 in the appropriate space after review of my file and of the documentation submitted by the developer for the Letter of Credit. I believe that you have the original Letter of Credit and its support documentation. If you have any questions, give me a call. Regards, Gary 1 Packard Estates Development, LLC 6223 North Discovery Way Suite 120 Boise, ID 83713 Office: 208-323-4002 City of Meridian C/o Gary D. Smith Public Works Director 200 E. Carlton Suite 100 Meridian, ID 83642 RE: Packard Subdivision No. 2 — Fim Dear Gary: Enclosed is a Letter of Credit from W representing 110% of the cost of imps credit amount. Also, we are enclosin Packard Estates #1 and #2 in the amt 0"'Z /L% f� F.EcElvED DEC 1 6 1999 CITY OF MERIDIAN '$50,001.33 ing the letter of 'ment Fees for However, before processing this chec :sessment Fee for common areas when our common arae�v ____ My understanding is that we paid a Water Assessment Fee at the time we-panr-tv, �-._-__nd backflow preventor when we installed the Urban Pressure Irrigation Pumping Station. Please check this out. Also, in regards to the temporary construction fencing are you going to require that this fence be installed prior to issuance of any building permits? We feel that since we own all the adjoining land and since we are trying to hold a pre -construction meeting to start development on the next phase that we should not be required to install this fence. Please let me know you thoughts. Thanks for all of your help and have a happy holiday season. Sincerely Yours, Packard Estates Development, LLC Craig Groves Managing Member Cc: City Clerk, Bruce Freckleton City of Meridian, Building Department �M 24 HOUR 200 E Carlton, Suite 100 f/ PEEC ION L� Meridian ID 83642 4 RCE ,D PH 887-2211 / FAX 887-1297 DEC 2 1 1999 Building Permit CITY OF MERIDIAN Page: 1 Permit Number. BP1999-322 Printed: 12/20/1999 Approved: Applicant: PACKARD ESTATES DEVELOPMENT Zoning: 6223 N.DISCOVRY WAY, SUITE 120 Addition: Boise, ID 83713 Block: Lot(s): Parcel Number: PARC1990 b Section: 1 PACKAI S wnship: MERIDIAN `R- ' W �'� `G Range: L Area: Legal Description: PROPERTI s Local Livens Fees and Receipts: Number FEE1999-1678 RCPT1999-564 j Receipts Total: ,ice: 'ax: se: mount 332.00 _32.00 $5,632.00 $5,632.00 Construction Value: $0.00 Structure Use: Start Date: 00/00/0000 Purpose: Water Assessment fee's End Date: 00/00/0000 Floor Areas Impervious Surfaces Living Space: 0.00 Basement/Storage: 0.00 House: 0.00 Porch/Walk: 0.00 Garage: 0.00 Porches: 0.00 Garage: 0.00 Other: 0.00 Decks: 0.00 Other: 0.00 Driveways: 0.00 Total: 0.00 Total Area: 0.00 Site Area: 0.00 Structure Area: 0.00 Percentage of Site: CITY OF MERIDIAN Application for Water & Sewer Assessment or Reassessment Important: Complete all items, check all applicable spaces. 1. Location of Su ision: C��c✓d #I Z Address: Block Lot: Building Proposed Use: See item 6 below (0yAA/\Qf\ reC,_ �- Residential ❑ City Sewer ❑ Commercial ❑ Industrial ❑ Other ❑ Septic Tank 2. Owner:PC,-r- LG,, S VrA4-S �� �o� 2nt Uc Phone No T I-( OOZ 3. Contractor: Phone No. 4. Plumber: Phone No. 5. Architect: Phone No. 6. Residential: Commercial: Industrial: New Structure Recreational/Amusement Food/Milk Processing Existing Church/Religious Org. Plating/Metals Remodel Service Station Warehouse/Storage Addition Car Wash/Garage Other - Specify Single -Family Office/Bank/Professional Two or More Family School/Library Number of Units Other - Specify Note: Plans shall be furnished Other - Specify k�)a4e.r Assess m4.^ -is for all commercial and Z Floor Space, Sq. Ft. Industrial Buildings 7. All fees shall be paid to the City of Meridian when building permit is obtained. 8. No Water Meter will be installed prior to approval of all inspections and payment of fees. 9. Inspection required at water meter yoke where plumber makes connection, at connection of sprinkler system and at location of backflow prevention device. 10. Person signing application is responsible for notification for inspection, and/or deficient materials or workmanship by sub- contractors. 11. For Meter Installation call 888-5242. ress and Nrnone No.: Tor Office use Only (Below Thin I inP) Hata rceoivori by Wntcr r)nnt CITY OF MERIDIAN Application for Water & Sewer Assessment or Reassessment 1111Nuriant: Uomplete all items, check all applicable spaces. 1. Location Su ision: of C�Ccfd # o`er` 4 Z Address: Building Proposed Use: See item 6 below CbyA /\aAeTCLO ;6- Residential ❑ Commercial ❑ Industrial ❑ Other 1 Owner: �.G, �Q"e �o iM2r1 t l.l.0 Phone No 3. Contractor: Dti 4. Flumber: 3. Architect: J. Residential: Commercial: New Structure Recreational/Amusement Existing Church/Religious Org. Remodel Service Station Addition Car Wash/Garage Single -Family Office/Bank/Professional Two or More Family School/Library Number of Units Other - Specify Other - Specify kj)q-�e-r INSS2SS tV A_ S Ct>w��n.�eM 11 s= l 1Sco.(�� Size of Floor Space, Sq. Ft. Phnno K1 - Block I Lot: LJ City Sewer ❑ Septic Tank —L4C1aZ Industrial: CITY OF MERID Food/Milk Processing Plating/Metals Warehouse/Storage Other - Specify Note: Plans shall be furnished for all commercial and Industrial Buildings I. All fees shall be paid to the City of Meridian when building permit is obtained. 3. No Water Meter will be installed prior to approval of all inspections and payment of fees. 1. Inspection required at water meter yoke where plumber makes connection, a' connection of sprinkler system and at location of backflow prevention device. 10. Person signing application is responsible for notification for inspection, and/or deficient materials or workmanship by sub- contractors. 11. For Meter Installation call 888-5242. signature o pp scant: ress an one o.: ._. =or Office use Onl Below This Line ApprovedAmount Due Date received b Water De t. B -Date Permit Fee For Number of Approved (2_Z -0 -cid a.2 Water Assessment Sib � ( E uiv. Conn B.O.A. Ins ection Comments 3 Number of Connections �! Z' S I Size of Meter Approved Latecomer Assessment Lawn Sprinkler Connection Backflow Device Connection Fire Sprinkler Connection Backflow Device Connection Approved Date BOA By No. Equiv. Amount Inspection Comments Conn. :wer hook-up itecomer Assess. �tal x $ +$ tal Due S,1o32 ao �te Meter Installe by, y No. Mfg. No. Account No. count Paid '5053`0Date lowcid Z99 Size Make__ Reading Packard Estates Development, LLC 6223 North Discovery Way Suite 120 Boise, ID 83713 Office: 208-323-4002 City of Meridian C/o Gary D. Smith Public Works Director 200 E. Carlton Suite 100 Meridian, ID 83642 RE: Packard Subdivision No. 2 — Final Plat Recording Dear Gary: JIWEMED U i 'u,�J9S CITY OF MERIDIAN Enclosed is a Letter of Credit from Washington Federal Savings and Loan in the amount of $50,001.33 representing 110% of the cost of improvements yet to be completed as well as the bids backing the letter of credit amount. Also, we are enclosing a check to the City of Meridian for the Water Assessment Fees for Packard Estates #1 and #2 in the amount of $5,632.00. However, before processing this check please explain to me why we are paying a Water Assessment Fee for common areas when our common areas are watered by the pressure irrigation system. My understanding is that we paid a Water Assessment Fee at the time we paid for the meter and backflow preventor when we installed the Urban Pressure Irrigation Pumping Station. Please check this out. Also, in regards to the temporary construction fencing are you going to require that this fence be installed prior to issuance of any building permits? We feel that since we own all the adjoining land and since we are trying to hold a pre -construction meeting to start development on the next phase that we should not be required to install this fence. Please let me know you thoughts. Thanks for all of your help and have a happy holiday season. Sincerely Yours, Packard Estates Development, LLC Craig Groves Managing Member PACKARD ESTATES DEV LLC 1036 6223 N. DISCOVERY WY. STE. 120 Cc: BOISE, IDAHO 83713 92-7008/3241 City Clerk, :43&-1211 r,.Igg Bruce Freckleton 'P91hrr of City of Pleridi an $ 5,632.00 Five Thousand Six HL+ Thi rt -.y Oalail, n Mck. s I Washington Federal Savings o Cole & Ustick Office 3197 N. Cole Road, Boise, ID 83704 ': 3 24 L 7008 5i: 02? 740600 5u' i l�f Washington Federal Savings P.O. Box 1460, Boise, ID 83701-1460 (208)343-1833 • Fax: (208)338-7374 IRREVOCABLE LETTER OF CREDIT NUMBER 1999-49 To: City of Meridian 33 E. Idaho St. Meridian ID 83642 Dear Sirs: December 13, 1999 We hereby establish our irrevocable Letter of Credit in your favor for the account of PACKARD ESTATES DEVELOPMENT, LLC. up to the aggregate amount of $50,001.33 available by your drafts drawn at sight on us presented at WASHINGTON FEDERAL SAVINGS, Main Office, 1001 W. Idaho Street, Boise, Idaho 83701. Drafts must be accompanied by Beneficiary's signed statement that the developer has failed to perform or is in default of completion of the street lights, fencing, pressurized irrigation, retention pond, and landscaping in PACKARD ESTATES SUBDIVISION #4. Drafts drawn under this credit must bear the following clause: Drawn under Washington Federal Savings Letter of Credit Number 1999-49 dated December 13, 1999. The amount of each draft must be endorsed hereon. Partial drawings are permitted. We hereby engage with the drawer, endorsers, and holders in due course of drafts drawn under and in compliance with the terms of this credit, that such drafts will be duly honored upon presentation to the drawee bank. This Letter of Credit expires December 13, 2000. Very truly, By: Paula J. verett Adminis ative Officer Provisions applicable to the credit: Unless otherwise expressly stated, this credit is subject to the "Uniform Customs and Practice for Documentary Credits (1983 Revision) International Chamber of Commerce Brochure No. 400" or by subsequent Uniform Customs and Practice fixed by subsequent Congresses of the International Chamber of Commerce. WITH OFFICES IN WASHINGTON, IDAHO, OREGON, UTAH AND .ARIZONA CORPORATE HEADQUARTERS: 425 PIKE STREET SEATTLE, WA 98101 (106) 624-7910 Packard Estates 0eIe10RMent9 LLC. R. Craig Groves Managing Member December 13, 1999 John Pertyl Washington Federal Savings & Loans P.O. Box 4007 Boise, ID. 83711-4007 Re: Letter of Credit for Packard Estates #2 Dear John: 6223 N. Discovery Way, Suite 120 Boise, ID. 83713 Phone (208)323-4188 Fax (208)323-4102 stacy@parkpointe.com 1?,FCE1vED D E C 1 6 1999 CITY OF MERIDIAN This letter shall serve as a formal written request to obtain a letter of credit for construction items in Packard Estates #2. Enclosed, please find a copy of the City's request for the letter of credit and supporting contractor's proposals for the items outlined in line #4. As per the City of Meridians requirements, the letter of credit must be for 110% of the contractors bid. Therefore, we will need a letter of credit in the total amount of 50,001.33. Attached is a spreadsheet with the breakdown of said costs. Should you have any questions regarding this request, please do not hesitate to contact me at your earliest convenience. Sincerely, R. Craig Groves Managing Member N U) R W U) W Y 0 m CL c U O cm OQ C: y V C:a)�O Co d L i4 V O O O O ul _ L a- O L Y O 0 O N t� O � n M Q C C f0 = = a) o U N O O L M O O A L CD O R1 H 69 669 69 � N603� r IV� CD L0 w C C O ik O m 0 U O cm OQ C: y V C:a)�O Co d L i4 V d d U y _ aLi ul _ L a- O L Y O 0 O OCM D N r Eo O O C C f0 = = a) o U N 'Q ami Q J d m m = L y vY R C-6 0 ca C14L N C w C C O ik O m — E " m c a) m m c w c O E O Nca N w (0 2-11 O U U cn a) W v O c O cu C C6 = N E 0 `— C cn Y m o E ami o_ N N C O C a7 p a p 'C u- O r- O j (n (p C O p O O C a) LQ � 00 a. � m 3 io p O O O O O N p c O c O c O c O (D a) m m L- p N N ty/1 N N 0 C OQ U) v y • O y d L i4 V w_ j aLi V O L Y O 0 O C d Qa O • C L W = = a) o U N 'Q ami Q J m m = L y R LL 0 y w ti y d Q U) N Q N U 0 C1i 2:1--RI, u•cv 6 ,LS'72 G�11 ,84'BL9Z avow al` va HIUON .OZ,iC.00 S ___ ,4Z'Eo[l N z o )I- aW m Y .�% Ln C z 1 w J 3 m co J k z W o e H r V u- 8 '9r. 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W N` wn Zvi I I "boa a EL3 EL �g w N'iM =W a: a: g z n N a a S 5 O O EL_081— M .4L_S 1 00 S _o_r z F 6 N z r a w a o _ IZF<i 7 z \ d 3^ W � Ca z z �o z0 zzz'o �a� Ile W N�c�io= tae B ° I1 w rIW C y N opZo-- 7 y� � I. 3 I .^f" A. yr a/s IaA.M l -- o l° a nl l ta Z - .S UL OO N (3 .07x.00 N) �Ha� -Idwr9 VAOWM (.4Z'szsz) I (3 ,W.Moo N) 3 �BZ'6E42.51.00 N L N'iM :CHCI Y:7IH I I� n N p E-0 �BZ'6E 3^ W V) O�� NQ u 'd I 'vii o n Fu� l iZ rIW C opZo-- 7 AE'BSS 3 ,SL,LZoo N .. �m 4',7 S /9vau 135' .DZ (3 ,LLOO N) yr a/s IaA.M l X17 lAkgd a .................................................. ta •• �njjn�ner SMITTYBUILT SERVICES Lawrence R. Smith 5251 N. Watersedge Ave. Boise ID 83703 Bill To EDMONDS CONSTRUCTION Wirt Edmonds 1966 N. Stoneview Boise ID 83702 Estimate Number E101 Date 12/05/99 Job Descrip. Build chain-link fence Work Date Terms Agent Job Site P.O. Number Larry Packard Estates 11y1�1nll SMITTYBUILT SERVICES Lawrence R. Smith 5251 N. Watersedge Ave. Boise ID 83703 Bill To EDMONDS CONSTRUCTION Wirt Edmonds 1966 N. Stoneview Boise ID 83702 Estimate Number E102 Date 12/07/99 Job Descrip. build perimeter fence on common area phase 2 Work Date Terms Agent Job Site P.O. Number Larry Packard Estates Quantity Description Unit Price Amount 500 MATERIAL & LABOR 9.00 4,500.00 build 3' ceder fence around 500' of common area in phase 2. TOTAL $4,500.00 Dec -10-99 01:36P Anvil Fence Co 208 375 6768 P.01 MAILING ADDRESS: III IONI'.: (2W)375-6767 106 E. 46th Place Boise, Idaho 83714 Fax: (2(1:>)375-6768 ,tiirrrr l-`lh! LOCATED MIKE THOMPSON, PRESIDENT 4640 Chinden Blvd. in Boise, Idaho 83714 FENCE CO. Where Quality Counts PROPOSALTO: Packard Estates Development, LLC DATE December 10 1999 ADDRESS ATTN: Stacy CHAIN LINK FENCE SPECS Fence Style Mesh 'Gauge Une Posts WOOD FENCE SPECS JOB ADDRESS Eagle 8 Fairview PHONE: 323-4188 FAX: 323-4102 Height of Fabric Top Rail lie Wire 9 Gauge Post Spacing End Posts Top -Barb Wire Concrete Gale Posts Height of Fabric Board Size Fabric Quality 2x4 Rails 44 Posts Post Spacing Concrete Nails Galvanized Ring Shank Air Quontity: 820' of 6' tall temporary, rental chain link on green "t" posts with no gates. • • . . . . Total for above -- $ 1.937.25 Installed . . . . . . . Rental period to be 90 days. 10% per each additional or partial month thereafter. Price Includes one trip to Install and one trip to demo fence. All changes other than shown on this order or drawing will be charged for at prices agreed upon al' tirne of change. Owner responsible for property lines, private utilities, repairing sprint -:,air sy!dtenis damaged during post hole digging, sewer lines, removal of existing obstructions and permit:.. initial `NOTE: The higher number of chain link gauge, reflects lighter weight materials. ACCEPTED TermsofPayment Per purchase urder. oma..,,,, ,L„i �e.,, vri,..., r„.,• Sales Order i •y 1. r uotatlon void atter thirty (30) days. Mlke o THANK YOU! WF. APPRE /ATE THE OPPORTUNITY TO QUOTE YOUR PRO.IFC'T! r0 sat Construction Exca� kYtlx. , ,. n h& ting, Inc. �,Y$��POBox 455 • Meridian, Idaho 83680 Office (208) 884-4011 •Fax: (208) 884-5060 f y y o est�Electri j .%Su�t�e� i w w 'SUBDIVISION #2 �Y 9.98 ESG TION ,OF- W ORK . It , r '`rte s*QTY. ' U/M UNIT TOTAL GRAND rt5111, PRICE OF LINE TOTAL ITEM Qt `,'SEWER, 370 LF $15.50 $5,735.00 &, 3 723 LF $8.50 $6,145.50 1rRVTCES $30.00 EA $330.00 O UT 1 , y., . _ ,.,a EA $250.00 $250.00 2 EA 1ES ' "' "• $1,250.00 2 500.00 $13,710.00 WATER' , TRE X LF $14.25 18 11:,. $15,931.50 302 LF a;: t $11.00 $3,322.00 r EA $250.00 $1,000.00 EA $430.00 $430.00 EA $750.00 $750.00 3El- 2 EA $375.00 $750.00 GATE VALVE 5 EA $710.00 $3,550.00 a� N`GATE,yALVE 4 EA $410.00 $1,640.00 4­'. m 9 yYDRANT „' ' r 2 EA $1,000.00 $2,000.00 k0` rD()UBL'ESERVICES . 12 EA $690.00 $8,280.00 SERVIC xqt t%' �i� E . 1 t EA $580.00 $580.00 -oFr ti .. 2 EA $1,400.00 $2,800.00 ?RA$1B,1.OW-OFF ..: - 1 EA $1,200.00 $1,200.00 I Al' REINSTALL,°2"BLOW-OFF EA $700.00 700.00 $42,933.50 , STORM. DRAIN LF $18.50 105 r'-F1 S,MZ C:, $1,942.50 ;1.213 y. LF $14.00 $2,982.00 tF.�fQ4 A1ON SAND &'GREASE TRAP 1 EA $1,700.00 $1,700.00 +- r , Page I of 2 iQF i � 4 t � - f li+XY) r2 4 • Page 2 of 2 ARD"SUBDIVISION #2 - Continued �k � y '} �# ?ESCRIl'TION. OF WORK 120': r - " LF $2.10 $252.00 y QTY'"' U/M UNIT TOTAL GRAND 4# n1 PRICE OF LINE TOTAL $250.00 $500.00 1A 29 ITEM $110.00 r)'UP CHAMBER 100 LF $7.50 $750.00 EL 1 EA $500.00 $500.00 Y }*. 2 EA $250.00 $500.00 $7,624.50 °:. $3,500.001150 - 00 IMMI8.50 RESSURE IRRIGATION 294. LF $7.50 $2,205.00 Qlp'} Sys 646 „ ` LF $5.50 $3,553.00 1397 LF $5,588.00 h� �; �.,• .:.-.. 120': r - " LF $2.10 $252.00 160 `�• :" LF $1.80 $288.00 2, EA $250.00 $500.00 1A 29 EA $110.00 $3,190.00 100 LF $7.50 $750.00 Y 35 ' Y' - LF $5.50 $192.50 S FITTINGS`' 1 "``+ LS $3,500.001150 - 00 IMMI8.50 TOTAL 8 537 00 h, labor& materials .complete in accordance with the above specifications, for the sum of: 'HUNDRED THIRTY SEVEN & 00/100'' $85M7.00 „9`71 be ag!,ppecjfied ,,All,work to be completed §in a workmanlike manner according to standard deiatlo�i from :above specifications involving; extra costs, will be executed only upon written . . ezrstch rge over and above the estimate ,All agreements contingent upon strikes, accidents or ItR�iposal,may be withdrawn by;us if not accepted within 20 days. : f � Acceptance of Proposal ons`and conditions are satisfactory, and are.hereby accepted. You are authorized to do ent*lll betmade as,outlined above, and due by the 10th of each month. yt ,r t; '4 Signature:' Signature: r � CREEKSIDE SPRINKLER & LANDSCAPE 2536 E. MEADOW WOOD COURT Meridian, ID 83642 BILL TO Packard Estates/ John L. Scott Atte: Stacy Wirick Invoice DATE INVOICE # 12/13/1999 527 DEC 01 '99 09:57 FR PUBLIC WORKS 2088871297 TO 3858696 Hr ROBERT p, CORRIE CITY OF MERIDIAN Mayor PUBLIC WORKS J BUILDING DEPARTMENT GARY D, SMITH, P.E. Public Works Director November 15, 1999 Mr_ Pat Tealey, PLS Teafey's Land Surveying 109 S. 4" Street Boise, Idaho 83702 RE: PACKARD SUBDIVISION NO.2 -- FINAL PLAT Dear Pat: P.02/03 COUNCIL MPMRPRC CHARLES M. ROUNTRFf GLENN R, BENTLEY RON ANDERSON KEITH BIRD F&e -Z_ %c ('e +?y ,) I have reviewed this final plat, submitted for city signatures, and have the following comments: 1. Plat sheet No. 1 needs to show 10 foot wide utility easements in the locations noted on the attached blueline print. Please revise this plat sheet No.1 accordingly and resubmit. 2. "E. Semite Drive" street name needs to be approved by the Ada County Street Name Committee, with a copy of their evaluation sheet submitted to me. 3. ` Please submit evidence to me that the pressurized irrigation system has received irrigation district approval. 4. A Letter of Credit needs to be submitted to me to guarantee installation of all subdivision improvements not yet completed. These improvements are as follows: a. l -Street Lights. Please submit Idaho Power Co. distribution system drawing to me for this subdivision so that streetlights can be accurately located with respect to junction boxes - Street lights are bonded at $1500 each. (2) F 3 b. d�Non Combustible Fence: Construct a non-combustible fence along this subdivision's '' north bounds ry. (Approximately 490 lineal feet, u e,� c, Common Area Delineating Fence: Construct a delineating fence (e.g,; split rail, 3' chain link, etc.) along the boundaries of the common areas not otherwise fenced so the adjacent property owners know where the common area boundary is located. 1�Temporary i=ence: this type fencing is to be installed along all subdivision boundaries except Packard No.1 and the north boundary. (Approximately 820 lineal feet)- Purpose is to retain construction debris to this phase of the subdivision. e. ►-Pressure Igigation System: Install a pressurized irrigation system service to each of the _e platted lots. approved Landscaping of Common Areas: Provide landscaping,in accordance with the roved landscape plan, for all common lot areas. The Letter of Credit, for an amount of 110% of the cost of the above items, needs to be substantiated with a copy of a contractor's bid for each of these items, 5. Submit payment of city water assessment fees to the City of Meridian for sprinkling of the Common areas of this subdivision and for the No.1 subdivision as follows: 200 East Carlton, Suite 100 • Meridian, Idaho 83642 Phone (208) 887.2211 • Fax (208) 887-1297 DEC 01 '99 09:57 FR PUBLIC WORKS 2eeee71297 TO 3850696 P.03iO3 Packard No.1 = 3 ERU @ $704.00 = $2112.00 Packard No.2 = 5 ERU $704.00 = $3520.00 After I have received information addressing the above items I will sign sheet No.2 of the plat and forward it on to the City Clerk for his signature. If you have any questions, please give me a call. Si jith, Gary PE City Engineer Cc- file, City Clerk, P&Z Admin. ** TOTAL PAGE.03 ** F.FeETvED OEC 1 6 1999 CITY OF MERIDIAN BILL OF SALE FOR PRESSURE URBAN IRRIGATION SYSTEM IN PACKARDS SUBDIVISION NOS. 1 AND 2 from EDMONDS CONSTRUCTION, INC. and PACIFIC NORTHWEST ELECTRIC, INC. to NAMPA & MERIDIAN IRRIGATION DISTRICT 12 March 1998 Instrument #98056157 NAMPA & MERID4AN IRRIGATION DISTRICT 1,0A CO.'ITY RcCORDCR J. DAVID HAYARRO BOISE, IDAHO 1998 A 10 6 7 2: 03 RECORDED - REQUEST Or FEE ro OEr UT 90056157 BILL OF SALE FOR PACKARD SUBDIVISION NOS. 1 AND 2 KNOW ALL MEN BY THESE PRESENTS, That on this day of 1998, Edmonds Construction, Inc. and Pacific Northwest Electric, Inc., Idaho corporations, hereinafter referred to as "Seller", for and in consideration of the sum of TEN AND 00/100 DOLLARS ($10.00) and other good and valuable consideration, to it in hand paid by NAMPA & MERIDIAN IRRIGATION DISTRICT, hereinafter referred to as "Buyer", the receipt thereof is hereby acknowledged, and do by these presents Grant, Bargain, Sell and Convey unto Buyer, and its successors and assigns, an undivided 57% interest the personal property listed as follows: All irrigation equipment, including, but not limited to pumps, pipelines, fittings and valves, constructed or to be constructed, which constitute the pressurized irrigation system located in Packard Subdivision Nos. 1 and 2, the legal descriptions of which are attached hereto and made a part hereof. TO HAVE AND TO HOLD the same to Buyer, and its successors and assigns forever; and Sellers do covenant and agree to and with Buyer, and its assigns to WARRANT AND DEFEND the sale of said property, goods and chattels hereby made, unto Buyer and its successors and assigns, against all and every person and persons whomsoever, lawfully claiming or to claim the same. Buyer herein receives the right to full and unhindered operation, maintenance and control over the personal property described in Exhibit A as if the property was being conveyed in full herein. Buyer further receives the right to the full capacity of the pumping facility. Buyer shall receive the full 100% interest in the property described as Exhibit A six (6) years from the date of this Bill of Sale, unless earlier conveyed to Buyer by Sellers. BILL OF SALE - PAGE 1 IN WITNESS WHEREOF, Sellers do hereunto set its hand the day and year first above written. EDMONDS CONSTRUCTION, INC., an Idaho corporation Lor JWirt Edmonds, President �� PACIFIC NORTHWEST ELECTRIC, INC., an Idaho corporation By UWAaalterT.igm , Jr4. Secretary/Treasurer STATE OF IDAHO ) ss: COUNTY OF 6LIkA-"I )) On this I O day of , 1998, before me, the undersigned, a Notary Public in and for said State, personally appeared Wirt Edmonds, known to me to be the president of Edmonds Construction, Inc., the corporation that executed the foregoing instrument and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in tWprC 1'l�re��e first above written. �.•` �,V ACID ''•,. =Wi �P / V 5z: •�- * p��.•' Notary Public for o '••, ST A.�ti.�•• Residing at: '••••'111•••••••' My commission s: Z. BELL OF SALE - PAGE 2 STATE OF IDAHO ) ss: COUNTY OF On this day of ,A998, before me, the undersigned, a notary public ' anfor said state, personally appeared Walter T. Sigmont, Jr. known to me to be the secretary/treasurer of Pacific Northwest Electric, Inc. the corporation that executed the foregoing instrument and acknowledged to me that such 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. g. G,14D9•�, �0 T.4�p�, � ArjBL1G �''•.�F OF fffllfffff�f��' BILL OF SALE - PAGE 3 Notary Public Residing at My commission ;���rll f � f► r GJ J, lJ/1JJu .-..,_ ---.. -- TEALEY'S LAND IOC South 41^ Street Boise, Idaho 83702 SURVEYING (208) 385-0636 Fax (208) 385-0696 Project No.: 1290 Date: April 23, 1996 DESCRIPTION 41' PROPOSED PACKARD SMADIVISION No. 1 A parcel of land being a portion of the NW 1/4 of the SE 1/4 of Section 5, T.3N., R.lE., B.M., Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at a brass cap marking the Southeast corner of said Section 5; thence along the Southerly boundary of said Section 5 North 89048153" West 2644.18 feet to an iron pin marking the South 1/4 corner of said Section 5; thence along the North-South center of section line of said Section 5 North 00027115" East 1312.52 feet to a brass cap marking the Southwest corner of the said NW 1/4 of the SE 1/4 of said Section 5, said point also being the INITIAL POINT; thence continuing along the said North-South center of section line North 00027115" East 558.39 feet to an iron pin; thence leaving the said North-South center of section line South 89444136" East 152.60 feet to an iron pin; thence South 00015124" West 32.00 feet to an iron pin; thence South 89044136" East 100.00 feet to an iron pin; thence North 00015124" East 10.79 feet to an iron pin; thence North 23053143" East 97.32 feet to an iron pin; thence North 45015124" East 119.55 feet to an iron pin; thence South 89044136" East 214.62 feet to an iron pin; thence South 00015124" West 209.65 feet to an iron pin; thence South 45015124" West 223.82 feet to an iron pin; thence South 44°44136" East 150.00 feet to an iron pin; thence South 45015124" West 34.47 feet to an iron pin; thence South 44044136" East 163.30 feet to an iron pin; thence South 00015124" West 97.05 feet to an iron pin on the South boundary of the said NW 1/4 of the SE 1/4; thence along the said South boundary North 89044136" West 631.60 feet to the INITIAL POINT. Said Parcel of Land Contains 7.96 Acres, nor* or less. Uzi/ l:J/ L:= 1J::!4 GCJG.:iGJClb7b TEALEY'S LAND SURVEYING Project No.: 1290-2 Date: October 16, 1997 109 South 4' Street • Boise, Idaho 83702 (208) 385-0636 Fax (208) 385-0696 DESCRIPTIO or PROPOSED PACKARD SUBDIVISION No, 2 A parcel of land being a portion of the NW 1/4 of the SE 1/4 of Section 5, T.3N., R.1E., B.M., Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at a brass cap marking the Southeast corner of said Section 5; thence along the Southerly boundary of said Section 5 North 89048153" West 2644.18 feet to an iron pin marking the South 1/4 corner of said Section 5; thence along the North-South center of section line of said Section 5 North 00027,115" East 1312.52 feet to a brass cap marking the Southwest corner of the said NW 1/4"of the SE 1/4 of said Section 5, which point is also the Southwest corner of Packard Subdivision No. 1; thence continuing along the said North-South center of section line North 00027115" East 558.39 feet to an iron pin marking the Northwest corner of said Packard Subdivision No. 1, which point is also the INITIAL POINT; thence continuing North -00027115" East 754.12 feet to an iron pin marking the center of said Section 5; thence along the North boundary of the said NW 1/4 of the SE 1/4 South 89040120" East 490.66 feet to an iron pin; thence South 00015124" West 130.37 feet to an iron pin; thence South 45015124" West 170.39 feet to an iron pin; thence South 44044136" East 150.00 feet to an iron pin; thence South 45015124" West 19.21 feet to an iron pin; thence South 44044136" East 100.00 feet to an 'iron pin; thence North 45015124" East 44.04 feet to an iron pin; thence South 66.23122" East 25.78 feet to an iron pin; thence South 00015124" West 180.73 feet to an iron pin marking the Northeast corner of said Packard Subdivision No. 1; thence along the Northerly boundary of said Packard Subdivision No. 1 North 89044136" West 214.62 feet to an iron pin; thence South 45015124" West 119.55 feet to an iron pin; thence South.23053'43" West 97.32 feet to an iron pin; thence South 00015124" West 10.79 feet to an iron pin; thence North 89044136" West 100.00 feet to an iron pin; thence continuing North 00015124" East 32.00 feet to an iron pin; thence continuing North 89644136" West 152.60 feet to the INITIAL POINT. Said parcel of Land contains 8.00 Acres, more or leas. WARRANTY DEED (PUMP SITE) from EDMONDS CONSTRUCTION, INC and PACIFIC NORTHWEST ELECTRIC, INC. to NAMPA A MERIDIAN IRRIGATION DISTRICT 12 March 1998 Instrument #98056156 F.FcElvED DEC 1 6 1999 CITY OF MERIDIAN NAMPA & MERVAN IRRIGATION DISTRICT ;%Jrk %-- U1'. 7 111, vi.n ,Li j.0AVID HAVARRO DOISE.Ioxio 1998 J� 10 t ! WARRANTY DEED RECORDEn- RFS AES T O FEE DEP 98056156 EDMONDS CONSTRUCTION, INC. and PACIFIC NORTHWEST ELECTRIC, INC. owners of Packard Subdivision Nos. 1 and 2, hereinafter called "Grantors", hereby convey, grant, bargain, sell and warrant to NAMPA & MERIDIAN IRRIGATION DISTRICT whose address is 1503 First Street South, Nampa, Idaho 83651, hereinafter called "Grantee", the following described premises situated in Ada County, Idaho, to wit: See attached Exhibit "A". TO HAVE AND TO HOLD, the said premises, with their appurtenances unto the said Grantee and to the Grantee's successors and assigns forever, and the Grantors do hereby covenant to and with the said Grantee, that the Grantors are the owners in fee simple of said premises; that they are free from all encumbrances except as above described and that Grantors will warrant and defend the same from all lawful claims whatsoever. IN WITNESS WHEREOF, the Grantors has hereunto signed their names this / -�"day of 1998. EDMONDS CONSTRUCTION, INC. .•��,E.B.,Cl10* 9 �� �G B 4W-'monds, y President ��, • VB GIC * PACIFIC NORTHWEST ELECTRIC, INC. ��'•.;� OF ID By Walter T. igm t, Jr. Secretary/Treasurer WARRANTY DEED - PAGE 1 STATE OF IDAHO ) ss: COUNTY OF ) On this /�— day of 22�gd 98, before me, the undersigned, a Notary Public in and for said State, personally appeared Wirt Edmonds, known to me to be the president of Edmonds Construction, Inc., the corporation that executed the foregoing instrument and acknowledged to me that such 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. 9 � �• NOT ••� .y L - C+�.!�/ „A i G %LIC : Notary Public for I o '•••'�pF ID A1�� ������•`, Residing at: •.,#BAR ... 22% • My commission expires: STATE OF IDAHO ) ss: COUNTY OF ) On this � day of 1998, before me, the undersigned, a notary public in and for said state, personally appeared Walter T. Sigmont, Jr. known to me to be the secretary/treasurer of Pacific Northwest Electric, Inc. the corporation that executed the foregoing instrument and acknowledged to me that such 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. .11� '9C O ,%%pTA*k d * «� pVB010 WARRANTY DEED - PAGE 2 Notary Pubh Residing at vfi My commission 01,-0S _any EXHIBIT "A" Lot 2, Block 3, Packards Subdivision No. 1 according to the official plat thereof filed in Ada County, State of Idaho. PcF-wED DEC 1 6 1999 CITY OF MERIDIAN CONSTRUCTION CONTRACT FOR URBAN IRRIGATION SYSTEM IN PACKARD SUBDIVISION NOS. 1 AND 2 between NAMPA 8 MERIDIAN IRRIGATION DISTRICT and EDMONDS CONSTRUCTION, INC. and PACIFIC NORTHWEST ELECTRIC, INC. 2 June 1998 Instrument #98054113 AOA COUNTY RECORDER J. DAVID NAVARRO BOISE, IDAHO 1998 JN -4 P,,-11 I : C I ,ECQRDED -REQUEST OF UWA I IV"AN IRRIG lON (STRICT FEE DEPUT 9805 13 CONSTRUCTION CONTRACT FOR URBAN IRRIGATION SYSTEM IN PACKARD SUBDIVISION NOS. 1 AND 2 1. DEFINITION. In this Agreement certain words appear which have the following meaning: "Owner" or "Owners" mean the owner(s) of the land to which irrigation water will be distributed by the urban irrigation system that is the subject of this Agreement. "Plans" means drawings or diagrams graphically showing the work to be done. "Specifications" means the statements describing the materials, dimensions, and workmanship for the work to be done. "Agreement" means this written and signed Agreement (contract) the Owner, Nampa & Meridian Irrigation District and Settlers Irrigation District have entered into for the work to be done. 2. STATUTORY AUTHORITY. This Agreement is made under the authority of Idaho Code § 43-330A. 3. PROPERTY COVERED BY THIS AGREEMENT. This Agreement is intended for the benefit of those lots in Packard Subdivision Nos. 1 and 2. Neither subdivision have recorded a final plat. A legal description for Packard Subdivision No. 1 is attached hereto as Exhibit "A". A legal description of Packard Subdivision No. 2 is attached hereto as Exhibit "B". Owner intends to record the final plats for Packard Subdivision Nos. 1 and 2 from the appropriate authorities. However, in the event final plat is not recorded, or otherwise not approved, this Contract shall be null and void. In the event the final plats or legal descriptions are altered from the legal descriptions attached hereto as Exhibits "A" and "B", _Ghs Contract shall be null and void unless an addendum to this Contract is approved by Nampa & Meridian Irrigation District. 4. SEPARATE AGREEMENT AMONG OWNERS. RIGHTS RESERVED. It is understood and agreed by the parties to this Agreement that the Owner of Packard Subdivision CONSTRUCTION CONTRACT FOR URBAN IRRIGATION SYSTEM IN PACKARD SUBDIVISION NOS. 1 AND 2 - Page 1 Nos. 1 and 2 intends to enter into a separate agreement with the owners of Wingate Place Subdivision No. 2 and Dove Meadows Subdivision Nos. 1 and 2 whereby they will purport to agree to share costs associated with construction of the pump station. No part of the Owners' agreement shall be made part of this agreement. It is expressly understood and agreed by the Owner, Nampa and Meridian Irrigation District and Settlers Irrigation District that Nampa and Meridian Irrigation District and Settlers Irrigation District shall have no responsibility, duty, or obligation with regard to the Owner's agreement with these subdivisions to share costs associated with construction of the pump station. The pump station is to be located in Packard No. 1 Subdivision. It is understood and agreed by the parties that the capacity of the pumps will be sufficient for delivery of pressurized water to all the lots in Packard Subdivision Nos. 1 and 2. It is understood and agreed by Owner and Nampa & Meridian Irrigation District that any other lands to be served by the pump station, including Wingate Place Subdivision No. 2 and Dove Meadows Subdivision Nos. 1 and 2 , must enter into a separate contract with Nampa & Meridian Irrigation District and/or Settlers Irrigation District. If such separate contracts are not entered into with Nampa & Meridian Irrigation District and/or Settlers Irrigation District within twelve (12) months from the date of this agreement, this agreement will be null and void. In addition, if the Owner does not enter into a separate agreement to share the costs associated with construction of the pump station or if the pump station is not constructed and conveyed to Nampa & Meridian Irrigation District within twelve (12) months from the date of this agreement, this agreement will be null and void. 5. PLANS & SPECIFICATIONS. The Owner will provide all labor, materials, and equipment necessary to do the work described in this Agreement and as stated in the Plans and Specifications, which constitute a part of this Agreement. This Agreement contains all of the agreements between Owner, Nampa & Meridian Irrigation District and Settlers Irrigation District. Any changes must be in writing on a Change Order form. Should any conflict occur between the Plans, Specifications, or other documents and this Agreement, this Agreement will be followed. CONSTRUCTION CONTRACT FOR URBAN IRRIGATION SYSTEM IN PACKARD SUBDMSION NOS. 1 AND 2 - Page 2 Nampa & Meridian Irrigation District and Settlers Irrigation District are not responsible for corrections in the work resulting from errors and omissions in Plans and Specifications provided by the Owner, architects, or others. 6. INSURANCE. Owner will provide a Worker's Compensation insurance policy for all persons working under his direction and a General Liability Insurance policy with limits of at least $100,000 for any one occurrence and $1,000,000 total for all occurrences. If Nampa & Meridian Irrigation District wants proof of insurance from Owner, Owner's insurance company will provide a certificate of insurance on request. If Nampa & Meridian Irrigation District wants Owner to obtain additional insurance, Nampa & Meridian Irrigation District must request it in writing before this Agreement is signed. At Nampa & Meridian Irrigation District's request, Owner will provide at his expense, "all risk" insurance including theft, vandalism, fire, and Acts of God coverage throughout the work in an amount equal to the Total Cash Price of the improvements. This insurance will be provided before Owner begins work. If Owner does not provide this insurance, Nampa & Meridian Irrigation District will have the right to obtain this insurance as Owner's agent and Owner agrees to reimburse Nampa & Meridian Irrigation District at the time the district purchases this insurance. Nampa & Meridian Irrigation District will provide proof of insurance to Settlers Irrigation District upon request by Settlers Irrigation District. 7. PERMITS. Owner is responsible, unless Owner and Nampa & Meridian Irrigation District and Settlers Irrigation District agree otherwise in a separate writing, to pay for and obtain all necessary permits, surveys, and other documents or approvals that may be required by the Public Authorities for the performance of the work. Should Owner provide Plans or Specifications, Owner will also be responsible to make sure that they meet all the regulations and requirements of the Public Authorities. 8. SITE IDENTIFICATION. At Nampa & Meridian Irrigation District's request, Owner will show Nampa & Meridian Irrigation District's representatives the location of all pipelines, valves, clean-out boxes, dividers and other facilities included in the Project. If Owner is not certain of their location, Nampa & Meridian Irrigation District may require that the lines be staked before construction commences. If Owner makes an error and identifies the wrong CONSTRUCTION CONTRACT FOR URBAN IRRIGATION SYSTEM IN PACKARD SUBDIVISION NOS. 1 AND 2 - Page 3 locations, Owner will make any necessary changes before Nampa & Meridian Irrigation District approves the completed work. 9. SITE & BUILDING CONDITIONS. Owner is responsible, unless Owner and Nampa & Meridian Irrigation District agree otherwise in a separate writing, to pay for the removal of all trees, debris, obstructions either above or below ground, and correction of any unforeseen conditions or defects, that are necessary for completion of the work. 10. ACCESS. Where necessary, Owner will arrange for access through a neighbor's property so that the owner can do the work. Owner will be responsible for any damage to the neighbor's property other than acts of negligence by agents or representatives of Nampa & Meridian Irrigation District. If that neighbor withdraws his consent and Owner cannot go through his property, then Owner is not responsible for any delays or additional costs to finish the work. 11. DAMAGE TO WORK. As between the Owner, Nampa & Meridian Irrigation District, and Settlers Irrigation District, Owner is responsible for any damages caused by Owner, Acts of God, or others not under the control of either district. 12. UTILITY SERVICE. Owner is responsible for obtaining any utility service for water, gas, and electricity as needed for Owner to do the work. Neither irrigation district is responsible for any delays in obtaining utility service or due to interruption of utility service to the site. 13. START OF WORK TO COMPLETION. Owner will begin the work within 90 days after the date of this Agreement. However, Owner must fust obtain the necessary insurance and permits. Owner will work through to completion, and shall complete the work prior to December 31, 1997, subject to delays permitted under this Agreement. 14. WORKMANSHIP. Owner will do the work in a workmanlike manner. Where additional Plans or Specifications are not provided, Owner will do the work so as to comply with the local building code. If no local building code applies, Owner will do the work according to industry standards or common trade practices or manufacturer's specifications. Owner is responsible for clean-up after his work and will leave the site in broom clean condition. When Owner finishes any segment of the work, Nampa & Meridian Irrigation District has the right to notify Owner in writing of any defects it finds. Nampa & Meridian Irrigation CONSTRUCTION CONTRACT FOR URBAN IRRIGATION SYSTEM IN PACKARD SUBDIVISION NOS. 1 AND 2 - Page 4 District shall not be required to approve and accept the urban irrigation system, and place it in service, until all defective work has been corrected by the Owner. 15. WORK STOPPAGE. If Owner stops work for seven (7) days or more, except for delays permitted under this Agreement, Nampa & Meridian Irrigation District has the right to give Owner written notice by certified mail of Nampa & Meridian Irrigation District's request that Owner continue the work. If Owner does not continue the work within seven (7) days after receiving this notice, Nampa & Meridian Irrigation District, at its option, may complete the work and Owner agrees to pay Nampa & Meridian Irrigation District the entire cost of completing the work, plus a reasonable amount to cover Nampa & Meridian Irrigation District's administrative expenses, and all out-of-pocket costs and attorney's fees resulting from arbitration or litigation, or both. If Owner stops the work, he will be responsible for protecting the building site, materials and work performed, unless and until Nampa & Meridian Irrigation District commences work to complete the Project. 16. MATCHING MATERIALS. Where materials are to be matched, Owner will make every reasonable effort to do so, but does not guarantee a perfect match. 17. SUBSTITUTIONS. When necessary, Owner has the right to use different construction procedures or to substitute material of equal quality to the material described in the Specifications if the results of the work are substantially the same. Owner will provide Nampa & Meridian Irrigation District with a Change Order for any Changes he will make before he continues the work. 18. CHANGES. If Owner wants to change any of the work he is to do, he must request that change from Nampa & Meridian Irrigation District in writing. Owner and Nampa & Meridian Irrigation District will sign a Change Order form describing the change, if Nampa & Meridian Irrigation District approves the change. The Change Order will become a part of this Agreement. Owner also agrees to pay for any changes required by the Public_ Authorities, or necessary for him to do the work according to the local building code, upon completion of the Change Order work. 19. INSPECTION, ACCEPTANCE, WAIVER(S) OF LIEN & PAYMENTS. When Owner claims that any portion of the work is complete and ready for inspection and CONSTRUCTION CONTRACT FOR URBAN EMGATION SYSTEM IN PACKARD SUBDIVISION NOS. 1 AND 2 - Page 5 approval, he will ask the Public Authority (when required) to inspect and approve the work. When the Public Authority or Owner, or both, have inspected and approved the work, and Owner has done the work according to this Contract, Nampa & Meridian Irrigation District agrees to accept the work and assume responsibility for operation and maintenance of the urban irrigation system. Owner will provide Nampa & Meridian Irrigation District with Owner's Waiver(s) of Lien and other Waiver(s) of Lien as evidence of Owner's payment for all employees, sub- contractors and material suppliers listed on a notarized Contractor's Affidavit at the time of completion of the work. Upon completion Owner will deliver the project to Nampa & Meridian Irrigation District free of liens. 20. STATUTORY REQUIREMENTS OF IDAHO CODE § 43-330B. The following provisions are included in this Agreement as required by Idaho Code § 43-330B. A. The cost of construction of the irrigation system has been, or shall be, paid in full by Owner. B. Any portion of the cost of construction that is not paid upon completion of construction by the Owner or Owners, or by a third party on their behalf, shall constitute a lien against the lots in Packard Subdivision Nos. 1 and 2, securing payment of the balance of the construction cost and payment of interest on any deferred installments of the construction cost. C. There are no annual payments anticipated to be made by each lot owner on the deferred balance of the construction costs. D. Any annual installment payments shall be included in the annual assessments levied by Nampa & Meridian Irrigation District against each lot in Packard Subdivision Nos. 1 and 2, and the levy and collection of those installments shall be, as nearly as practicable, in accordance with the assessment, levy and collection of other assessments levied upon lands in Nampa & Meridian Irrigation District. E. Any deferred annual installment payments of principal and accrued interest, if any, may be prepaid in whole or in part at any time without penalty, but any prepayment of principal shall be not less than one-half of the amount of the annual installment payment of principal next coming due, but the prepayment privilege authorized by this subparagraph shall not be applicable where the construction costs have been financed through a local improvement district. CONSTRUCTION CONTRACT FOR URBAN IRRIGATION SYSTEM IN PACKARD SUBDIVISION NOS. 1 AND 2 - Page 6 F. if the pumping station and pipeline serving the Packard Subdivision Nos. 1 and 2 also serve other lands, the cost of the pumping station and pipeline has been apportioned by Nampa & Meridian Irrigation District to all lands which are planned to be served by the pumping station, so that each acre of irrigable land to be served by the pumping station will be assessed and required to pay the same amount. G. The Owner hereby grants to Nampa & Meridian Irrigation District an easement for the installation, operation, maintenance, repair and replacement of those portions of the irrigation system located on any portion of Packard Subdivision Nos. 1 and 2. The location of the easement shall be determined by the location of the pipelines and other facilities, as finally installed, and the width of the easement shall be five (5) feet on either side of the centerline of each pipeline, for a total of ten (10) feet. 21. OWNERSHIP OF DISTRIBUTION SYSTEM. The pressurized irrigation system constructed under this Agreement shall be the property of, and shall be owned by, Nampa & Meridian Irrigation District. 22. OPERATION AND MAINTENANCE BY NAMPA & MERIDIAN IRRIGATION DISTRICT; ASSESSMENTS FOR OPERATION AND MAINTENANCE. As provided in Idaho Code § 43-330F, the pressurized irrigation system constructed under this Agreement shall be operated, maintained, repaired and replaced by Nampa & Meridian Irrigation District, and Nampa & Meridian Irrigation District may levy and collect annual assessments against each lot served by the irrigation system to defray the cost and expense of such operation, maintenance, repair or replacement. The Board of Directors of Nampa & Meridian Irrigation District shall apportion to each lot in Packard Subdivision Nos. 1 and 2 a portion of the cost of operation, maintenance, repair and replacement of the irrigation system, on the basis of the ratio between the acreage in that lot and the total acreage in all lots in Packard Subdivision Nos. 1 and 2. 23. LAND IN TWO DISTRICTS. As provided in Idaho Code 43-330G, the land in Packard Subdivision Nos. 1 and 2 is located in both Nampa & Meridian Irrigation District and Settlers Irrigation District. The ownership, management operation, maintenance, repair and replacement of the pressurized irrigation system shall be the sole responsibility of Nampa & Meridian Irrigation District. Assessments for construction costs, if any, and for costs of CONSTRUCTION CONTRACT FOR URBAN IRRIGATION SYSTEM IN PACKARD SUBDIVISION NOS. 1 AND 2 - Page 7 operation, maintenance, repair and replacement against Packard Subdivision Nos. 1 and 2 shall be levied and collected by Nampa & Meridian Irrigation District. The land will be subject to separate assessment by Nampa & Meridian Irrigation District and also by Settlers Irrigation District. The Settlers Irrigation District assessment does not include any charges for the costs of operation or maintenance of the pressurized irrigation system. The assessment by Settlers Irrigation District represents the portion of the operation and maintenance of Settlers Irrigation District which are properly apportioned to the land. 24. SUPPLEMENTAL WATER. NO LIABILITY FOR LACK OF WATER. Supplemental water (water provided both before and after the regular irrigation season) to this subdivision may be provided by the City of Meridian. All costs associated with supplemental water shall be a cost of operation, maintenance, repair or replacement. Each lot will be assessed for supplemental water regardless of whether or not water is actually used on the lot or the quantity of water used. The parties hereto acknowledge that irrigation water is not always reliable. Irrigation water or water from the City of Meridian may not be available due to drought, harsh weather conditions, governmental actions or other causes. The District shall have no liability to any lot owner, tenant or others for any damages to, or loss of lawns, landscaping or the like caused by lack of water. 25. REQUEST TO SETTLERS. The Owner agrees that prior to sale of any lots in Packard Subdivision Nos. 1 and 2 that they shall submit a written request to Settlers Irrigation District that all lots located within Settlers Irrigation District be combined for assessment purposes, pursuant to Idaho Code Section 43-701. In the written request, the owner shall include the name and mailing address of the person designated to receive notices from Settlers Irrigation District. 26. REIMBURSEMENT OF EXPENSES. Owner, on its own volition, installed and constructed the pump station with more capacity than was necessary to serve Packard Subdivision Nos. 1 and 2, Wingate Subdivision No. 2 and Dove Meadows Subdivision No._2. _Due this excess capacity, the Owner shall be entitled to receive reimbursement from any subsequent property owner(s) which become part of the pressurized irrigation pump station currently serving Packard Subdivision Nos. 1 and 2, Wingate Subdivision No. 2 and Dove Meadows Subdivision No. 2. Such reimbursement shall be in the sum of $100.00 per lot to be paid directly to Owner CONSTRUCTION CONTRACT FOR URBAN IRRIGATION SYSTEM IN PACKARD SUBDIVISION NOS. 1 AND 2 - Page 8 by any subsequent property owner(s) who wish to connect to the existing pump station. Such payment will be required by any subsequent property owner(s) only to the extent of the current excess capacity present in the pump station, without enhancement. The present capacity of the pump station is estimated to be 1,035 gpm or about 115 miners inches of water. Assuming 5/8 miners inches per acre is sufficient, the pump station is estimated to be able to serve no more than 185 acres. The present number of acres in Packard Subdivision Nos. 1 and 2, Wingate Subdivision No. 2 and Dove Meadows Subdivision No. 2 is approximately 105 acres. The excess capacity is therefore estimated and agreed to be no more that 80 additional acres to be served by the pump station. In the event the actual capacity is less than 80 additional acres, Nampa & Meridian Irrigation District reserves the right, at its sole discretion, to notify Owner that the capacity is less than estimated and that Owner's reimbursement under this paragraph will be adjusted accordingly. Reimbursement under this paragraph shall cease and be at an end the earliest of six (6) years from the date of this agreement or when the present capacity of the system is reached, at the discretion of Nampa & Meridian Irrigation District, without enhancement. Nampa & Meridian Irrigation District shall retain the right to full and unhindered operation, maintenance and control over the pump station despite the terms of the paragraph. It shall further have the use of the entire capacity of the pump station. Nampa & Meridian Irrigation District shall receive an undivided fractional interest in the pump station representing its ownership share until the terms of the paragraph cease. At the end of that time, the entire pump station and capacity shall automatically revert to Nampa & Meridian Irrigation District. The current lands being served by the pump station will pay all costs of operation, maintenance, repair and replacement assessed by Nampa & Meridian Irrigation District until such time as additional lands are added. If additional lands are added under this paragrpah, all such lands served by the pump station will be assessed for operation, maintenance, repair and replacement. 27. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties hereto with respect to the subject matter of this Agreement. 28. GOVERNING LAW. This Agreement shall be construed under, and governed by, the laws of the State of Idaho. CONSTRUCTION CONTRACT FOR URBAN IRRIGATION SYSTEM IN PACKARD SUBDIVISION NOS. 1 AND 2 - Page 9 29. BINDING EFFECT. This Agreement shall bind the parties hereto and their respective heirs, personal representatives, successors and assigns. IN WITNES WHEREOF, the parties have hereunto caused their names to be subscribed this � day of , 1998. EDMONDS CONSTRUCTION, INC '% i / • ice, i iTid dnoidPresident PACIFIC NORTHWEST ELECTRIC, INC. By Walter T.igmo , Jr., Secretary/Treasurer NAMPA & MERIDIAN IRRIGATION DISTRICT B ATTEST: SETTLERS IRRIGATION DISTRICT By _ & '4 CONSTRUCTION CONTRACT FOR URBAN IRRIGATION SYSTEM IN PACKARD SUBDIVISION NOS..1 AND 2 - Page 10 STATE OF IDAHO ) ss: COUNTY OF ADA On this -�= day of , 1998, before me, the undersigned, a notary public in and for said state, personally appeared WIRT EDMONDS, known to me to be the President of Edmonds Construction, Inc., and acknowledged to me that the corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and official seal, the day and year in this certificate first above 'tten. #0 NOT Notary Public fo Stat f Idaho 7 % hr-IC r- C j �, Residing at , Idaho��Op 1.�, ? * •� My commission expire . — S 00, 4% ID ASC •0••,• STATE OF IDAHO ) ss: COUNTY OF D?UA'� On this ! ✓� day of , 1998, before me, the undersigned, a notary public in and for said state, personally appeared WALTER T. SIGMONT, JR., known to me to be the Secretary/Treasurer of Pacific Northwest Electric, Inc., and acknowledged to me that the 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. Notary Public for Residing at My commission e CONSTRUCTION CONTRACT FOR URBAN IRRIGATION SYSTEM IN PACKARD SUBDMSION NOS. 1 AND 2 - Page i l Idaho Idaho -5- �d STATE OF IDAHO ) ss: County of Canyon ) On this day of , 1998, before me, a undersigned, a Notary Public in „ and for skid State, personally appeared and known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such 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. ',•••//lvflllffff/ ''NM••�'•0- •4 -•1�OTARf ,• r u 100.;UB L1 G .f O .� • lunH••• �f' Notary Public for Idaho Residing at , Idaho My Commission Expires: / D ZDOO STATE OF IDAH� ) ss: COUNTY OF ADA On this 2A of�ersonaily 1998, before me a undersigned, a notary public in and for said state,eared Dm 5m,'and V I cb Keen , known to me to be the President and Secretary -,)respectively, of SETTLERS IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument, and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and d my official seal, the day and year in this certificate first above written. /'; , Notary X or I Residin , Idaho My commission expires: 4 � CONSTRUCTION CONTRACT FOR URBAN IRRIGATION SYSTEM IN PACKARD SUBDIVISION NOS. 1 AND 2 - Page 12 UJ/ 1J/ 1 JJy a....• ....� LyyJ�Jvvv�v TLALEY'S LAND 10� South 41" Sh�_t Boise, Jdaho 83702 SURVEYING EXHIBIT A Project No.: 1290 Date: April 23, 1996 (208) 385-0636 Fax (208) 385-0696 DESCRIPTION PROPOSED PACKARD SMBDIVISION No. 1 A parcel of land being a portion of the NW 1/4 of the SE 1/4 of Section 5, T.3N., R.1E.1 B.M., Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at a brass cap marking the Southeast corner of said Section 5; thence along the Southerly boundary of said Section 5 North 89048153" West 2644.18 feet to an iron pin marking the South 1/4 corner of said Section 5; thence along the North-South center of section line of said Section 5 North 00027115" East 1312.52 feet to a brass cap marking the Southwest corner of the said NW 1/4 of the SE 1/4 of said Section 5, said point also being the INITIAL POINT; thence continuing along the said North-South center of section line North 00027115" East 558.39 feet to an iron leaving the said North-South center of section line South 89444136" East 152.60 feet to an iron pin; South 00015124" West 32.00 feet to an iron pin; South 89044136" East 100.00 feet to an iron pin; North 00015124" East 10.79 feet to an iron pin; North 23053.43" East 97.32 feet to an iron pin; North 45015'24" East 119.55 feet to an iron pin; South 89044136" East 214.62 feet to an iron pin; South 00015124" West 209.65 feet to an iron pin; South 45015124" West 223.82 feet to an iron pin; South 44044136" East 150.00 feet to an iron pin; South 45015124" West 34.47 feet to an iron pin; South 44044136" East 163.30 feet to an iron pin; South 00015124" West 97.05 feet to an iron pin pin; thence thence thence thence thence thence thence thence thence thence thence thence thence on the boundary of the said NW 1/4 of the SE 1/4; thence along the South boundary North 89044136" West 631.60 feet to the INITIAL POIrII'. South said Said Parcel of Land Contsina 7.96 Acres, sore or lass. TEALEY'S LAND SURVEYING 109 South 4'Stret. • Boise, Idaho 83702 Project No.: 1290-2 EXHIBIT B Date: October 16, 1997 (208) 385-0636 Fax (208) 385-0696 DESCR PTION or PROPOSED PACKARD SUBDIVISION No, 2 A parcel of land being a portion of the NW 1/4 of the SE 1/4 of Section 5, T.3N., R.1E., B.M., Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at a brass cap marking the Southeast corner of said Section 5; thence along the Southerly boundary of said Section 5 North 89048153" West 2644.18 feet to an iron pin marking the South 1/4 corner of said Section 5; thence along the North-South center of section line of said Section 5 North 00927115" East 1312.52 feet to a brass cap marking the Southwest corner of the said NW 1/4"of the SE 1/4 of said Section 5, which point is also the Southwest corner of Packard Subdivision No. 1; thence continuing along the said North-South center of section line North 000271151' East 558.39 feet to an iron pin marking the Northwest corner of said Packard Subdivision No. 1, which point is also the INITIAL POINT; thence continuing North -00027115" East 754.12 feet to an iron pin marking the center of said Section 5; thence along the North boundary of the said NW 1/4 of the SE 1/4 South 89040120" East 490.66 feet to an iron pin; thence South 00015124" West 130.37 feet to an iron pin; thence South 45015124" West 170.39 feet to an iron pin; thence South 44044136" East 150.00 feet to an iron pin; thence South 45015124" West 19.21 feet to an iron pin; thence South 44044136" East 100.00 feet to an Iron pin; thence North 45015124" East 44.04 feet to an iron pin; thence South 66023F22" East 25.78 feet to an iron pin; thence South 00015124" West 180.73 feet to an iron pin marking the Northeast corner of said Packard Subdivision No. 1; thence along the Northerly boundary of said Packard Subdivision No. 1 North 89044136" West 214.62 feet to an iron pin; thence South 45015'2411 West 119.55 feet to an iron pin; thence South.23053143" West 97.32 feet to an iron pin; thence South 00015124" West 10.79 feet to an iron pin; thence North 89044136" West 100.00 feet to an iron pin; thence continuing North 00015124" East 32.00 feet to an iron pin; thence continuing North 89644'36" West 152.60 feet to the INITIALPOINT. Said Parcel of Land Contains 8.00 Acres, more or less. 11 M Cl\ �\ 1 � �� � (� � �� r� `\ 4 t � � � � � v `, D � _ � �. � 4 \ � � �' ti r � � � � y' �`� � fig`/ �� � �: � - � � .� � � Q .. �, g �� �� � �� � � � ,, ,. y � ti � w P ,. � C" � � � r4 � h I P �i1 �� r, s i� n �. c� M1 \ /�yyy \\�,}\ ' q �\ ( j °u \ } '!, �� iso \\�y -i �� � � �. �� �, �v �� `�. «; �;;� � �� J \ ;� � � �, 6, r. �� �1 �� � i � c... r� �� Brad Hawkins -Clark From: Anna Canning [canninga@meridiancity.org] Sent: Wednesday, February 23, 2005 12:35 PM To: hawkinsb@meridiancity.org Subject: FW: Helen & Dale Sharp Follow Up Flag: Fottow up Due By: Wednesday, February 23, 2005 12:00 AM Flag Status: Flagged FYI. I'm trying to -hunt down the article. I should have it this afternoon: Anna Borchers Canning City of Meridian Planning Director -----Original Message ----- From: Tammy de Weerd [mailto:deweerdt@meridiancity.org] Sent: Tuesday, February 22, 2005 9:29 PM To: Anna Canning Subject: Helen & Dale Sharp I read the guest opinion of the Sharp's in the Valley Times this evening after it was pointed out to me by Councilman Bird. We all realize that the Sharp's do not have a high opinion of the City of Meridian, however, we must keep customer service as our front line response in dealing with them. Will told me that they have been into his office and he told them they needed to go to your office with their issues. I noted that he should also give a heads up to you when they come in with their 'issues' - he said he did. I would like a response to the issues they raise in the paper and would like you or a staff member to go out to this site and make sure that all conditions of approval have been met. I would then appreciate a report back in the next day or two. Tammy de Weerd, Mayor City of Meridian www.meridiancity.org (208) 888-4433 ext. 204 (208) 888-4218 fax 1 FEB 24 '05 13:46 FR CITY OF MERIDIAN 2 '° V P ri g .'riyY '• O C1. N 7 r_? (1i �' � v N r, E q d H j r'2weQ 7 c'°.,C G..� � �'. -tj Q I 2- toT y g o Iv 4 '21 .,y p^ � B � J. N ('(••• w 'Jn 4ti, F, h O � y � y 1 [4 '� a E ' g ❑•r' J 3 B n� c•c a - r o n 2 a N iY E b ro n cno d G) Ip p nG U7 N c R c �. rn. 0ti R $ E G yG y o G m ry aa, y t y eb 6 .t, — A, T Q' '� N b S 9 EP mo 3nc � n�(b 'rv' ri CD f.O N C L 47 ti G C' j i,• '! q 4 5. c 0 r r� r, rm 79 y VJ no A p• f !n O S r f4 C, N�� 1- � i A G 7 EL ra A �' P 208 888 4218 TO P—AND—Z P.02i02 1.2 rL 2i. 'ten q m> n p Nryrq 4e^titer „tyo^ i'D 7 Li mm b fir' � c � "N �' •^ ��' ., �t, � '� ri � y o. Q o m_ mr rN c'' rti G Q _~J �5 ry '� v' ry a I 1.. r? 4 r; eri 2 r),0 N. "+ N N f n e CJi fl4 N, mr ,moo cl.a ' v� � G ^ o _j N O .� • 1 •P' '�' a Y r Ip d G pi IN n' Q cr Gy.4' ' h0 114 In ,2x.. , _,T, 7 ❑ 'T rl ^r cci �'n� v ry ?Ipy w•7 Gb��d.2 b v r P_ • . � P' P tin �. .I S v C ig f'1 v' ❑ 6 -_ • i_f• 4 a= r i^u c 14 .L O H = _ _ -45 (� ii �. '9 K' 1 • .G o' C �c•� a b y: L• 1� C Y G ry G. -s 22. 5 o- ob I Op Nit Fe t2 Im y ;rn^ P p y T oO cL rn r. 'c. Y•' g p=j 1 -.o' a y I(- lCL c X. � c' R1 G n r u _ .7 6 60 C � 4. V' F• G IIO N� !Y W bi 2 h n G' G i .� _ /5 6 1,4 i d t' o v a ry ,,n b 4 T r -,• 4 40 N om^• G ' �' �' G '� 01 P M f' ryi n ' '� • A F. 0 ': n ML ID J =-A. f ** TOTAL PAGE.02 ** To: Mayor de Weerd From Brad Hawkins -Clark CC: Anna Canning Date: February 28, 2005 Re: Helen Sharp's Letter to Editor — Wingate Lane & Packard Acres Subdivision Mayor, I interpret Helen Sharp's editorial in the February 21 Valley Time to contain three specific criticisms of the City: 1. Common Lot: A fence is bisecting a common lot which was platted to be all open space. 2. Graduated Fence on Wingate Lane: A portion of the graduated fence along Wingate Lane was reconstructed to remove the taper. 3. Gate Across Wingate Lane: City Council approved a subdivision to allow a gate to be constructed across Wingate Lane. Besides these three issues, the rest of her editorial simply regurgitated history which everyone familiar with this area already knows. Below are my responses to her criticisms: Common Lot: The common lot she refers to is in Packard Acres No. 1 at the southeast comer of Challis and Wingate (Lot 9, Block 5). The lot is 20 feet wide and is designated as a common lot, owned by the Packard HOA. However, the lot is not required open space. It was created because it contains a sewer trunk line and there is a 20 -foot easement in favor of the City of Meridian to maintain the trunk. The lot is divided by a 6 -foot cedar fence and the property owners on both sides are using the lot as their side yards. Last summer, I asked the Public Works Department if they knew about the fence across their easement and they did not. The fence appears to have been built after we inspected the subdivision for CO's. However, Public Works does not intend to have the fence removed unless they need access to the sewer. (For more information, please see the attached letter to the Packard HOA which I wrote for Brad Watson last year.) 2. Graduated Fence: When Packard Acres No. 2 was constructed and Challis crossed Wingate Lane, the developer constructed a 6 -foot cedar fence on both sides of Wingate. At the intersection of Challis and Wingate, a 3 -foot fence was constructed for approximately 18 feet behind the sidewalk and then tapered up to 6 feet. Last October (2004), the property owner at the northwest comer of the intersection reconstructed about 5 feet of the fence (which was their rear yard fence) to remove the taper to give them more privacy. The fence permit was issued by the Building Department on 10/14/04 (to Meridian Fence Company). The fence remains 3 feet high for 18 feet and then immediately extends to 6 feet high. MCC 11-20-2 requires a solid fence to remain a maximum of 3 feet in height for at least 20 feet behind the property line (not 18 feet as constructed). So, the fence is non -conforming (both as originally constructed and has modified). I am working with Anna and the Building Department to determine our next steps. (Since a fence permit was pulled and inspected by the City, it complicates the issue.) 3. Gate Across Wingate Lane: As you well know, the City Council did not require the developer to construct a gate across Wingate Lane. They did require the developer to post an $8,000 bond for use by the Wingate Lane User's Association, if they choose to construct a fence across Wingate Lane. Since the Sharp's are members of this association, they have the ability to influence the outcome of this issue. Finally, even if a gate is constructed, the City did not violate Ada County Ordinance 389 in allowing the gate because that ordinance only applies to land outside incorporated city limits. The gate location was specifically chosen to be within Meridian city limits. As you can see, the City had no control over #1 or #2 — these changes were made by property owners after the City signed -off on the subdivisions. Once we were informed, we researched the topic and are taking action as necessary. Should the City require correction of these situations? Regarding Item #1, if we enforce this easement violation, we should be prepared to enforce a host of other violations in order to be fair across the board. The Public Works Department should be further consulted, but my understanding of their current thinking is to address these issues when and if they need access to the sewer. It's the property owner's responsibility to replace the fence if removed. For Item #2, we are following this up. For Item #3, 1 don't believe any further action is necessary. Let me know if you'd like any further information. 0 Page 2 September 25, 2004 Mr. Dave Battalia Packard Estates Homeowner's Association Meridian, ID 83642 Re: Lot 9, Block 5, Packard Acres Subdivision No. 1 Dear Mr. Battalia, This letter is in reference to ongoing conversations you've had with Brad Hawkins -Clark of the Planning & Zoning Department about the subject common lot in Packard Acres Subdivision No. 1. 1 understand the two property owners immediately east of this common lot (Lots 1 and 8, Block 5) currently enjoy use of the lot as part of their improved side yards. I also understand there is a six-foot cedar fence constructed across the middle of the common lot that runs east -west for approximately 20 feet. As stated on the recorded plat for Packard Acres Subdivision No. 1 (Notes No. 7, 8 and 9), this lot is designated as common and non -buildable, is to be maintained by the Homeowner's Association, and is covered by a City of Meridian sanitary sewer easement and ACHD drainage easement. There is both a sanitary sewer line and a stormwater pipe below grade within this lot. While the likelihood of either the City or ACHD needing to have access to this lot for maintenance purposes is low, both easements do require the entire lot be free of any encroachments or obstructions, including fences and trees. It is important that this access between E. Challis and E. Meadowgrass remain open and accessible. I trust this helps to clarify the Public Works' Department position regarding this common lot. Brad Watson City Engineer ,-► Brad Hawkins -Clark From: Brad Hawkins -Clark [hawkinsb@meridiancity.org] Sent: Thursday, May 29, 2003 4:11 PM To: 'Christy Richardson' Subject: RE: Wingate Lane Thanks for checking, Christy. We'll go with the Wingate letters already in the public record. Brad -----Original Message ----- From: Christy Richardson[mailto:Crichardson@achd.ada.id.us] Sent: Thursday, May 29, 2003 3:30 PM To: hawkinsb@meridiancity.org Subject: Wingate Lane Brad, Legal staff has said "mums the word". If you need any information I would suggest that you call our attorney, Steve Price at 387-6112. Sorry, that's all I know! Christy 1 Page 1 of 1 Brad Hawkins -Clark From: Brad Hawkins -Clark [hawkinsb c@meridiancity.org] Sent: Wednesday, May 28, 2003 3:12 PM To: 'Christy Richardson' Subject: Wingate Lane Hi Christy, Are you or your legal office able to confirm that ACHD still has pending litigation with Dale and Helen Sharp regarding Wingate Lane? If so, does that mean ACHD staff are unable to speak on the issue in a public meeting? The reason I ask is that the City of Meridian is planning to hold a public hearing to potentially amend the Packard Acres No. 2 Final Plat condition that states Challis must be gated. But we will no doubt solicit ACHD's testimony at the hearing. We would like to hold the hearing within the next month. If there's a "do not speak" order on you, I'm wondering if there's any estimate on when the litigation might be complete? I was also wondering if ACHD's ordinances require the District Commission to hold a public hearing when amending your adopted conditions? I seem to recall ACHD held a public meeting at which the Wingate Lane Association members were invited when you amended the Challis gate condition. Correct? Thanks! Brad 10/15/2003 i Mame: Phone:___T_Z CITY OF MER JIAN RESEARCH REQUEST Darr: z Z� Time: RECEIVED 17a7m03 CITY OF MERIDIAN CITY CLERK OFFICE esaitslFiadia�s: -- �, y REQ O ' SIGNA of pages: Date Finished: Staff providing information: Time required: Staff Comments: RECEIVED 17a7m03 CITY OF MERIDIAN CITY CLERK OFFICE 660 E. Watertower Ln. Suite 202 Meridian, ID 83642 Ph: (208) 884-5533 Fx: (208) 888-6854 To: Sharon — City Clerk's Office From: Brad Hawkins -Clarke Fax: Pages: 4 Phone: Date: 10/15/2003 Re: H. Sharp Research Request CC: ❑ Urgent 1 0 For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle Sharon, I did a review of the P&Z Department's files on Packard Acres No. 2 and Wingate Lane and found the attached three e-mails. The 4-28 e-mail is from the developer's rep, Stacy Wirick, regarding the final plat inspections. The other two e-mails are communications between me and Christy Richardson at ACRD. I also have several e-mails (not attached) after the requested 2-11 date regarding Packard Acres No. 2 that were sent among myself and Marlene St. George, Bill Nichols, Bill Musser and the Clerk's Office. The two from Bill Nichols include the standard confidentiality clause. Please let me know if these are exempt from the Public Information Request or if you need copies of these. Of course, I also have the 2-24-03 letter I sent to the Sharps summarizing the 2-11 council meeting as well as several letters the Sharps submitted to the city. But I'm assuming you have copies of these. If you'd prefer to meet and go over this information together, let me know. Brad June 9, 2003 Mayor Corrie: 33 E. Idaho Ave. Meridian, Idaho 83642 Dear Mayro Corrie The City of Meridiran Council unanimously agreed at the pre -council meeting February 11, 2003 that ALL conditions for granting the Packard Estates and Packard Acres sub -division, were to be adherred to. This includes No. 20 of the Final Platt which reads in part " The applicant is not to construct the 20 -foot -wide portion of E. Challis Street at the east boundary, and is to deposit money to complete constuctions of E. Challis street and remove the gates when (and if) the two five -acre parcels to the south are developed (when Wingate Lane can be vacated." No corrective action has been taken to solve the safety and hazardous conditions created by crossing Wingate Lane (private) at E, Challis and Meadowgrass. Another example of government entities not adherring to their commitments. ncerel�y�_e���� ale and Hel n S CC: City Council Brad Hawkins -Clark ` City Clerk Shirley McKague Monday, June 09, 2003 America Online: AHSHARP Page: 1 Message Brad HC From: Bill Nichols [wfn@whitepeterson.COM] Page 1 of 1 Sent: Tuesday, April 29, 2003 10:57 AM To: 'Robert Corrie'; Tammy De Weerd; 'birdronaldkeith@msn.com'; 'cgmccandless@msn.com'; 'William Nary' Cc: 'Brad Hawkins -Clark'; Will Berg Subject: Wingate Lane Confidentiality Notice: This email message may contain confidential and privileged information exempt from disclosure under applicable law. If you have received this message by mistake, please notify us immediately by replying to this message or telephoning us, and do not review, disclose, copy, or distribute this message. Thank you. White Peterson 5700 East Franklin Road, Suite 200 Nampa, Idaho 83687-8402 208.466.9272 Mayor and Council As you know, Mr. and Mrs. Sharp continue to complain about the condition of Wingate Lane. I will be meeting with Brad Hawkins Clark and Anna Powell to discuss the City's options. It is my understanding that staff has investigated this matter and concluded that the developer is in compliance with the terms of the development agreement and conditions of approval. After I meet with staff, we will likely present a recommended course of action which can range from informing the Sharps that the City will do nothing more, to the other extreme of filing a lawsuit against the developer alleging violation of conditions of approval. We have bounced around in the middle for years, and nothing seems to have satisfied the Sharps. This issue has consumed more of staffs and your time than it warrants. One way or another we need to bring it to a conclusion. Either staff or I will notify you when we think it appropriate for a PreCouncil meeting (most likely in executive session). Thank you for your continued patience. Bill Nichols 5/5/2003 n Brad Hawkins -Clark Planning and Zoning Department 33 East Idaho Meridian, Idaho 83642 Dear Brad Hawkins -Clark: �CE Ij,7),in, APR 2 9 cnyoi? MF JPL'AIVNING � ZONIl�TG To date we have not had a response to our letter of March 10, 2003 nor seen and evidence of enforcing the conditons for granting Packard Acres sub -division as agreed by Meridian City Council at the February 12, 2003 pre -council meeting. The conditons are to be adherred to completely. Will Berg, City of Meridian Clerk, assured me (Helen) he had contacted you by phone and letter regarding the answering of our questions and concerns in the above mentioned letter. Immediate action and response are expected. As a govennment entity you have the responsibilty/obligation to enforce these established conditions as agreed upon by ACH, City of Meridian and developers. Sincerely, Dale and Helen Sharp CC: Mayor Bob Come City Council City Clerk Monday, April 28, 2003 America Online: AHSHARP Page: 1 660 E. Watertower Ln. Suite 202 Meridian, ID 83642 Ph: (208) 884-5533 Fx: (208) 888-6854 I -MOV To: Bill Nichols From: Brad Hawkins -Clark Fax: 466-4405 Pages: 11 Phone: 466-9272 Date: 4/29/2003 Re: Wingate Ln — Sharp's 3-5-03 Letter CC: ❑ Urgent ❑ For Review lhi Please Comment ❑ Please Reply ❑ Please Recycle M Could you please review the attached letter? Attached to it are copies of invoices demonstrating (in their opinion) that Wingate Lane was maintained in good condition prior to the developer of Packard Acres receiving plat approval. They feel this is adequate evidence to require the developer to repair/upgrade Wingate and cease building permits. Can we meet together tomorrow afternoon or Thursday to discuss how to proceed on this matter? Thanks, Brad Will Berg Meridian City Cierk 33 E. Idaho Ave. Meridian, Idaho Dear Will Berg: RECEIVED MAR 17 2003 City of Meridian City Clerk Office Attached are the minutes from the ACRD Commission Meeting - February 27, 2002. Our question is - was the City of Meridian invited to this meeting as it involved changing one of the conditions for granting the Packard Estates subdivision. Prior to this meeting there was an informal meeting held at ACRD with staff and residents of Wingate Lane in attendance concerning the private lane. The paragraph inpart- "The Legal Department concludes: "Absent a significant safety concern public streets and public -rights- of-way should remain open and accessible to the public" has been confrimed by the City of Meridian police department to be a serious hazardous condition. ACRD was well aware of Section 7203.5.1 and 7203.5.2 Continuation of streets joining E. Challis St. crossing Wingate Lane when the original Platt was agreed upon and should be adherred to_ ACRO, nor anyone else, should not be allowed to make changes to the orginal established conditions. Sincerely, Orale and Helen Sharp 3', 7,c 3 � r. ��P s `hf G w Pit M^-^-LIM WI-rch 17..2M Am Ica Wine: APSMAW Pape: 7 Questions: Why did ACHD schedule a public meeting to solicit input from the public relative to removal of fencing (gates, etc.) along Wingate Lane and installation of security gate across Wingate Lane when according to Al Dauven (former resident of Wingate Lane ) he was told by ACHD staff that the commissionrs were ready to vote prior to scheduled meeting without considering any input from the public? Why did Gary Inselman, Christi Richardson (ACHD) state in subject memo "Packard Acres Subdivision Staff Request for Modification of Previous Commission Action" dated February 13, 2002 that "this gate is the districts only access to the ACHD storm drain pond constructed in this phase of the development on Lot 15, Block 2" when there is access from Wingate Lane through gate directly intoi the storm drain pond? Why did this same memo state "that the developer and the homeowners on Wingate Lanre have agreed that the homeowners on Wingate Lane will maintain the security gate" to be paid for by the developer when public testimony and discussions prior to the meeting would not substantiate this statement? How can developer, ACHD,City of Meridian legally disregard the 1913 Private Road Agreement as well as other statues dealing with private roads without the consent of the homeowners to abdicate their rights under the agreement? Information to request: Tape of the proceedings specific to Wingate Lane during the ACHD meeting of February 27, 2002 as this will confirm homeowners (at least not all of those that live on the lane) agree to the installation or maintenance of any gate across the lane. Copy of agreement (document) signed by residents of Wingate Lane that would specify they are in agreement with the installation of gate on Wingate and maintenance thereof. Thursday, October 10, 2002 America Online: AHSHARP Page: 1 OCT 09 '02 1155 FR CITY OF MERIDIAN 206 888 4218 TO P -AND -Z P.02iO4 Ada County Highway District Planning Review Division To: ACRD Commissioners From: Gary Inselman, Christy Richardson Subject: Packard Acres Subdivision, Staff Request for Modification of Previous Commission Action Date: February 13, 2002 Regular Agenda ACRD REVIEW & APPROVAL On October 18, 1895, the ACHD Commission reviewed and approved the preliminary plat for Packard No. 2 Subdivision. Packard No. 2 Subdivision is platting as Packard Acres Subdivision. A private road, Wingate Lane. bisects the site. The previous Commission action required the developer dedicate right-of-way but not construct the streets across Wingate lane. The developer was also required to install two gates, one at each end of the unconstructed portion of the public streets across Wingate Lane. that would allow passage of pedestrians and bicycles along the unconstructed section of the street but not automobiles (Exhibit "A"). The developer owns the property that Wingate Lane is constructed upon. The owners of the property at the south end of the Lane, the Sharps, have a non-exclusive easement to use Wingate Lane but they have no ownership of tis lane. The parcel directly north of the Sharps (formerly the Reichert parcel) is currently owned by the developer and will be the subject of a development application in the future as a residential subdivision (Exhibit "13"). There is a house currently on this parcel that the developer desires to access from the public streets within Packard Acres No. 1 and cannot because of the fence and gates currently in place_ The Commission meeting minutes reflect that the Commission did not intend for the Reichert parcel to access the public streets east of Wingate Lane located within the first phase of Packard Acres (Exhibit "C`). The final plat for Packard Acres Subdivision No. 1 was approved and signed by the Commission on April 4, 2001 and recorded July 26, 2001. This first phase of the development includes two stub streets to the east side of Wingate Lane, East Challis Street and Fast Meadowgrass Street (Exhibit "D"). The street improvements have been constructed but not accepted for pubic maintenance. The developer constructed the gates as required at the end of the public right-of-way along the east side of Wingate Lane. However, the pedestrian gate at the and of East Challis Street is locked and the latch for the pedestrian gate at East Meadowgrass Street is too tight to open. The vehicle gate at the end of East Challis Street is locked as well. This gate is the District's only access to the ACHD storm drain pond constructed in this phase of the development on Lot 15, Block 2. The developer granted ACRD an easement to access the pond from East Challis Street across a 20 -foot wide strip of ground that includes the 15 -foot wide Wingate Lane. The developer has stated that the locks are not his. They are not ACHD locks. SEF' 10 '02 15:06 1 208 3457650 PAGE.07 /i OCT 09 102 11:55 FR CITY OF MERIDIAN 208 888 4218 TO P -AND -Z P.01iO4 r-w.nu---�.1 Alts dub (b5u �'NLit t:i y Commission Meeting — February 27, 2002 Page 2 Kent Brown, Briggs Engineering, 1800 W. Overland, Boise, representative of the applicant, said the applicant supports the proposed vacation in accordance with the staffs recommendations. For the record, ACRD received a hand written letter from Carl Hoffman, 7490 Lake Hazel Road, expressing his concerns. Commissioner Wynkoop closed the public hearing. After discussion, the Commission took the following action: ACTION TAKEN: Commissioner Peavey -Derr made a motion to approve the vacation and abandonment of a portion of Lake Hanel located In Government Lot 4 of Section 31, Township 3 North, Range 2 East, and Section 6, Township 2 North, Range 2 East of the Boise Meridian, Ada County, Idaho and impose additional fees for the vacated right-of-way in the amount of approximately $32,400 and provide staff with a new legal description for the entire Lake Hazel right-of-way abutting the applicant's property (approxiimately 60 feet by 1,440 feet). In addition, staff recommends that the vacation be conditioned on the following: that formal agreement between the Idaho Department of Lands (IDL) and the developer with the conditions specified by IDL in a letter dated December 13, 2001, being accounted for in the agreement and associated documents. Commissioner Blvens seconded. Motion carried unanimously. ESTATES NO. 2_(DEFERRED FEBRUARY 13, 20021 — Gary Inse)man, Plan Review presented the staff report. Dale Sharp, 2445 Wingate Lane, Meridian, expressed his concems. Mr_ Sharp submitted a copy of a private road agreement dating back to 1913, and a copy of a letter from their former attorney, Kenneth. Kreis, dated October 18, 1995, Helen Sharp, 2445 Wingate Lane, Meridian, expressed her concerns. Mrs. Sharp said her husband put the locks on the gates. �--• Chip Gallagher, 3020 Wingate Lane, Meridian, expressed his concerns. Dixie Lee Roberts, 2855 Wingate lane, Meridian, expressed her concerns. Al Dauven, 2020Wingate lane, Meridian, expressed his concerns. Wirt Edmonds, 2297 N. Chandler Way, Meridian, the developer, said he is willing to pay for the gate_ After discussion, the following action was taken: ACTION TAKEN: Commissioner Huber made a motion to approve Option No. T, with the amendment to the staff report indicating a special recommendation to the City of Meridian outlining the conditions of the security gate that will be installed on the northisouth alignment and indicating that the developer and the horneownem on Wingate Lane have agreed that the homeowners on Wingate Lane will maintain the security gate and the developer has agreed to pay for the initial cost of the gate. Commissioner Givens seconded. Discussion followed. Motion carried unanimously. SEP 10 102 15 06 1 209 3457650 PAGE.06 OCT 09 '02 1155 FR CITY OF MERIDIAN i 1FG WU.1:7f V��yV L'G �•VG 1L-H�.I'7,{J ACHC POUCY Section 7203.5 Continuation of Streets 206 Bee 4218 TO P -AND -Z P.03/04 N • 1 Guts 645 fbou F Hbt: t5/ y 7203.5.1 Consideration for Future Development The street design in a proposed development shall cause no undue hardship to adjoining property, An adequate and convenient access to adjoining property for use in future development may be required. If a street ends at the development boundary, it shall meet the requirements of sub -section 7205, "Non -Continuous Streets". 7203.5.2 Existing Adjacent Development An existing street, or a street in an approved preliminary plat, which ends at a boundary of a proposed development shall be extended in that development. The extension shall include provisions for continuation of storm drainage facilities. The policy on the continuation of streets requires that the right-of-way for East Challis Street and East Meadowgrass Street be dedicated to the public and that the streets be constructed. The ACHD Legal Department has provided a written legal opinion relating to this matter. See attached Memo (Exhibit "E") The Legal Department concludes; "Absent a significant safety concern, public streets and public rights-of-way should remain open and accessible to the public". The Traffic Department has reviewed this matter and concluded that there is no significant safety concern in opening the two streels in question and extending them across Wingate Lane. ACHD PLAN REVIEW APPROVAL PROCESS In November the applicant submitted plans to ACHD's Development Review Division that included the first phase of the development west of Wingate Lane. The plans are acceptable for public street construction with the exception of this issue of gating the public right -of -way - Development Review Division staff have delayed approving the plans and allowing construction to proceed until this issue is resolved (Exhibit "F"). sTAFF RECOMMENDATION Staff is requesting a modification of previous Commission action as it relates to the crossing of Wingate Lane with the public streets. Staff is concerned about the gating of a public right-of-way. These streets are necessary for connectivity in the area and *11 not deny the Sharp's access to Wingate lane. Although the previous Commission action was acceptable to the developer at the time, circumstances have changed. As stated above, the developer currently owns the Reichert parcel and plans to submit a preliminary plat application for development of this parcel in the near future, Joint School District No. 2 has constructed and opened an elementary school within the section. One of the access points for the school is through Packard Estates Subdivision (Exhibit "D"). Staff believes that the previous decision contradicts District Policy and creates an impractical situation for residents in the area trying to circulate within this section. OPTIONS 1. Deny staffs request and uphold the previous Commission action. 2. Approve staffs request. Require that East Challis Street and East Meadowgrass Street be constructed and dedicated to the public across Wingate Lane. Delete the requirement for the gats. 3. Require the developer revise and resubmit the preliminary plat to delete the public streets crossing e Wingate Lane. This option would require significant costs to the developer to redesign Packard Acres No. 1 and to reconstruct the stub streets to provide permanent turnarounds. SEP 10 102 15:07 1 206 3457650 PAGE.08 OCT 09 '02 1156 FR CITY OF MERIDIAN 208 888 4218 TO P -AND -Z P.04/04 I IkG- I%IV.14f V:J-1V Vir- 1-.4-Vd !L-M11kv trite -1 LV�i J4JfVJV �I"r4'� J Staff recommends Option 2, the modification of the previous Commission action on Packard No. 2 Subdivision and require East Challis Street and East Meadowgress Street be constructed and dedicated to the public across Wingate Lane without the gates across the public streets. NO'nFICATION Residents along Wingate Lane were notified by mail of the Commission Meeting and staffs recommendation. COMMISSION ACTION, FEBRUARY 27.2002 The ACHD Commission acted on this item February 27. 2002, The Commission voted to approve the staff request and modify the previous Commission action per option 2 as recommended. All other conditions of approval from the Commission action dated October 18, 1995 are still in effect. The Commission also made a special recommendation to the City of Meridian as folkrws: Recommend that the City of Meridian require the developer to install a gate on Wingate Lane north of Lot 15. Block 2 of Packard Acres Subdivision No. 1. The developer and residents along Wingate Lane have come to an agreement for the installation of the gate by the developer and maintenance of the gate by the residents. Attachments: Exhibit "A' ACHD staff report Exhibit "B' Wingate Lane map Exhibit "Cr October 18. 1995 Commission Meeting Minutes Exhibit 40' Vicinity Map Exhibit "E' Legal Department Memo Exhibit "F" Fans Acceptance letter SEP 10 102 15=07 1 288 345?650 PAGE -09 ** TOTAL PAGE.04 ** Christy Richardson Planning Review Supervisor Right -of -Way & Development This is in reference to your letter of Februaryl, 2002 regarding Packard Acres 42 and gating of right -of - way at Wingate Lane and also to offer some comments to the staff report. First we would comment that we should have been advised of this meeting (February 13, 2002) at least thirty (30) days prior to meeting date to allow us adequate time to prepare for the meeting. We received notice of this meeting February 6 and a copy of staff report about 4:30 pm on February 8, 2002. We will not be able to attend this meeting as we have had a death in the immediate family and will be out of town for several days to attend services. The comments and in some instances exhibits to support these comments are as follows, and while not necessarily in date sequence in which they occurred are : 1. In the early 1990's the Ada County Zoning Board ruled that the Peterson property should be the last new residence to be allowed on the lane. Ada County Planning and Zoning addressed concerns of Wingate Lane residents when declaring that no more egress to new homes would be allowed on this private lane while considering a proposal on property then owned by the Holladays. 2. The developer or the applicants representative , Pat Tealey has stated on numerous occassions that there would be no access to Wingate Lane whatsoever from proposed development (exhibit a) . Also see City of Meridian memorandum dated September 28, 2000 stating "access to Wingate Lane is specifically prohibited (exhibit b). See also letter dated March 22, 2000 from R. Craig Grove stating "Gates and fencing along Wingate Lane will be sufficiently constructed to preclude foot, bicycle and motorized vehicle access other than emergency vehicles. Also that "Developer, Property Owners along Wingate Lane not within the proposed subdivision and Governmental Agencies will agree on the type and style of fencing and gates to be installed " (exhibit c). We would not sign off on fencing since there were known problems with property boundaries between Peterson's property and development properties to the south (this also affected ACHD drainage Pond) and also because we were not sure the gating systems would meet requirements for emergency vehicle access. Because of numerous instances of violations by other than authorized users of the gates locks were installed to discourage these trespasses. This still has not entirely discouraged use of the larger gate as a backhoe accessed Wingate Lane through the gate just a few days ago to do some work adjacent to drainage pond. Keith Bird, Meridian City Councilman, told us to call him any time if violations occurred. Prior to installation of fence violations occurred on regular basis and Mr. Bird said he called developer but with limited or no results. The fence and gates have limited the number of violations considerably for the most part. 3. For the first meeting with ACHD Mr. Sales (ACHD) said we should submit legal opinion relative to construction of road across Wingate Lane. We questioned the necessity of doing this but did consult an attorney and gave a copy of his findings to ACHD prior to commencement of the meeting. The ACRD mentioned they had received an opinion from Developer's attorney but for whatever reason failed to acknowledge receiving an opinion from our attorney (exhibit d). 4. Mr. Grove assured us that "Any damage caused by our contractors will be repaired immediately'. The Wingate Road Association has had to repair a lot these damages because of the developer's failure to do as promised. We hired Gary Rushman to haul in necessary sand/gravel and grade the lane to repair developer's damages. The latest damages have not been repaired and Mr. Burns, Code Enforcement Officer, employed by City of Meridian was out here recently to inspect the lane and can attest to the fact lane has not been repaired. 5. Because of time constraints we are limiting our comment s to above and hope this will explain our position relative to the scheduled February 13, 2002 meeting. Sincerely, V d-.- -Z� Wingate Lane Road Organization We spoke with Mr. Gary Inselman of the ADHD; He stated. 1- Our road is not a public road and it never will be. The documents given to us by the Sharps only state laws for making any new private lane between two public roads, not for existing private roads encroached upon by new public roads. He said we would dictate what is to be done with our lane. They do not want it. 2- He stated that Sharps had tried quite aggressively to get him to make Wingate Lane into a public access road by widening it to 50 feet all the way down, and then claiming it for the district. This would take out the front yards of at least 5 of us. This sent mixed messages to them about our desires for the future of this road What is in the best interest of the most of us? 3- Allowable passage of Wingate is given to everyone living on this lane. A gate would not pre-empt this passage and is in the best interest of the majority. 4- Only those who contribute monetarily to the maintenance fund of Wingate lane have a right to contribute input as to its future. 5- A gate is the best possible solution to control usage of Wingate Lane. It will not cause any more change than the new road extension has to access. Therefore the plans to construct one should be ASAP. 6- The excessive trespassing on Wingate Lane must be stopped to allow our ability to maintain it. This can only be done by a remote gate or a complete blockage with a turnaround. 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"•.pQC.; yCv uCv �°C+ wv O v — C`eC Ov h6 . vL [O :%[; Av �y w'Ov 'Cw w 0 o Oo OPanLa �0v an 'W a 'tcaf 41 vo ca D > b0 CL 3 y v e�a Vro4 „"0Car v` wv iUm�d h 0 -0 > m v v C uo>a°A Eo� Qj 0 Ctied aV4; March 5, 2003 Brad Hawkins - Clark Interim Planning Director Planning and s'_oning Department 33 East Idaho Mendian, Idaho 33642 tet=: tntorcemert of conditions for Packard Acres No. 2 :,'ubdrvsslon Dear Brad Haw ins - Clark: Thank you for your letter dated February 24, 2003 which confirms City Council's enforcement of conditions for Packaru Estates Development, LLC. We were given thirty minutes at the February 11, 2003 pre -council meeing which did not allow time to address all condtions. T'ne fencing as stated in No. 6 and No. 15 were not in agreement and therefore ambiguous. Number twenty in part —"remove the gates when (and if) the two five -acre parcels to the south are developed (when Wingate Lane can be vacated". ACHD was well aware of the public street (Challis) issue when agreeing to the Platt. The five acres south of the Packard Acres No. 2 has not been annexed into the city of Meridian and is not apart of the subdivision. ACHD is not adhering to the Platt as agreed upon and should not be allowed to make changes after building has started. Interestingly enough Wingate Lane (Private) was graded and graveled February 12, 2003 before pictures were taken regarding the condidition of the lane as requested by Council member Tammey DeWeerd. There should be photos in file as to the condition prior to all the construction trucks using the lane (No.22). The repairs have been done at the expense of the residents in order for the postal and paper deliveries to continue. The attached invoices reflect the expenses incurred as a result of the development activities. The residents of Wingate Lane can also attest the developer has not complied with agreed upon condition concerning the repairs to the lane. Who from Planning inspected and "signed of' on Wingate Lane prior to issuing building permits—No. 22. As a condition, this should be done the same as the inspection of the fencing. In the Idaho Law Library is a book "Private Land Use Arragements" S-406 Interface by the servient owner. The Rules and It's jusifications----The servient owner can do nothing to diminish the use of the easement or make it more inconvenient, costlly or hazardous to use." A copy of this was given to you Brad. The hazardous condition was confirmed by Captain Bill Musser of the Meridian Police Department, and can be elimated by enforcing condition No. 20. As for Councilman Nary, he had not done his home work about Wingate Lane prior to the meeting. In conclusion, either ail the conditions for granting the Packard Estates Development, LLC be inforced as agreed upon by City of Meridian, ACHD, developer and all concerned, or why bother to establish conditions and why have the Planning Department? Sincerely, Date and Helen Shafp V ctc— CC: Mayor Bob Corrie Council President-Tammey DeWeerd City Clerk We*--,daY, March 05, 2003 America Online: AHSHARP Page: 1 -SAND- 1915 WALTMAN STREET �' -- GRAVEL' MERIDIAN, IDAHO 83642 INC. (208) 331-9222 or 888-1666 Ship To: Bill To: n/a ROBERTA THOMPSON n/a 2950 N. WINGATE LANE n/a MERIDIAN, IDAHO 83642 n/a Invoice CUSTOMER Customer No: I M 5 Invoice No: 1 1 BLADE 570 BLADE RENTAL BLADE ROAD Invoice subtotal Invoice total 200.00 200.00 200.0( 200.0( MIKE'S SAND & GHA►VEL INC. i 20667 FRANKLIN ROAD NAMPA, IDAHO 83687 Mike Mulchayw ._._ _ Office 030-200C REMIT TO: Iowa Tanklm"nc. D U DBA Dust Abatement, Inc. LocalPhone#: P-( PO Box 1217 (208) 365-2930 ABATEMENT Ankeny, IA 50021-0975 2211 Schiller Road • Emmett, Idaho 83617 DATE INVOICE NO. JOB LOCATION AND DESCRIPTION r ROBE RTA TH;.C1MFS---M" 2-7-0—:510 W-T-P1j(:-jAT!F 11ERIDIA141 1Fj P'3-642, 10/15/02 ADL`200 4--.50 6AL W0*1:10*2-7--'f--� PURCHASE ORDER NO. Terms: Due upon billing; 11,tz% interest charged on past due accounts. 18%Annual Percentage Rate --'If check is postmarked after add interest charge of (ini t Eric e Q, u -I n t i i b 4-59 00 T TWVnTriR. nT 1F T TPON RECEIPT PLEASE REMIT WITH YELLOW COPY • '*Add Interest if applicable. c—,4 , c 11" i ?cam D A1410 - MIKE'S SAND & urIAVEL INC. 20667 FRANKLIN ROAD NAMPA, IDAHO 83687 GRA Mike Mulchay Office 939-2000 Sandy Mulchay Home 467-2329 Customer's Order No. b a t e Z 20� Name ell Address ACCTMDSE. I RETD. DUAN PRICE I AMOUNT Our drivers will make every effort to place material where customer designates, but -COMPANY" assumes po-leiponsibility for damage inside curb or property line. Custornbr.agrees to terms of sale and accepts material as is:,, Rec'd by VC) SE TOTAL Our drivers will make every effort to place material where customer designates, but -COMPANY" assumes po-leiponsibility for damage inside curb or property line. Custornbr.agrees to terms of sale and accepts material as is:,, Rec'd by - Invoice -SAND- 1915 WALTMAN STREET GRAVEL- MERIDIAN, IDAHO 83642 INC. (208) 331-9222 or 888-1666 Customer No: Q' Invoice No: 060 7! ShipTo: DALE SHARP Bill To: DALE SHARP A/— Y,21 a �/,Z,z v 2445 WINGATE LANE 2445 WINGATE LANE MERIDIAN, ID 83642 MERIDIAN, ID 83642 1 1 BLADE 570 BLADE RENTAL 120.00 120.00 1 1 WTREN WATER TRUCK RENTAL 100.00 100.00 BLADE AND WATER LANE Invoice subtotal 220.00 Invoice total 220.00 MIKE'S SAND & GRAVEL INC. . 20667 FRANKLIN ROAD NAMPA, IDAHO 83687 Mike Mulchay �,i;, 6 U t 3 6 Office 939-2000 Sandy Mulchay Home 467-2329 Customer's D 3 k Order No._ Name Address Yn+ \ ' 1 x� 1 7� SOLD YIi CASH C.O.D. CHARGE ION ACCT RETOE. PAID OUT /OEESCRIPTION PRICE AMOUNT �Q�UA TOTAL Our drivers will make every effort to place material where customer designates, but "COMPANY" assumes no responsi ' y for amage inside curb or property line. Cu er agrees to terms of ale and accepts material as is. Recd by .ui,.F ;. �- :l"•� • . V 4 y •+�1. .i'i F r ;6 .i •• .f t•. '}a .,� _ y< } +♦. 47. .A ! �•. : [. • ♦'� i _ t - . • .I. • �' -a '! [ .i • tet. . .. f .. C /"!E, -� is ? �-- ...... .... /,2- 9,9 SAND, 1915 WALTMAN STREET -6 /AGRAm- MERIDIAN, IDAHO 836424'1j (208) ' 362-9000 or 888.1 C�6.3 Bili To: C Ship To: CRCUSTOME ustomer No: Invoice No: 000382 BLADE 570 BLADE RENTAL 150.00 160.00 BLADE WORK AT WINGATE LANE Invoice subtotal 150.00 Invoice total 150M MIKE'S SAND & GN A En INC. 206 NAMPA, IDAHO 83687 Office 939-2000 Mike Mulchay Home 467-2329 Sandy Mulchay , Customer's Date Order No Name L c ( r AririrPSS effort to place mate—, Our driver responsibility for damage s will make every agrees to terms of sale and designates, but "COMPA'ne Customeer ages inside curb or property accepts material as is. Recd by i evIvo •1. MIKE'S SAND & GRAVEL INC. 20667 FRANKLIN ROAD NAMPA, IDAHO 83687 7J Mike Mulchay Cch4-' Office 939-2000 Sandy Mulchay L/ y" Home 467-2329 Customer's Order No. - Date�'�— 1g Name Address—. i r. SQL,A Y 'CASH C.O.D. CHARGE 6�NACC T MDSE. PAIDOUT RETD. r= ,{—QUAN. J D CRIPTIO PRICE i AMOUNT f / s � -;w 4- EAS .'LL NO STATEENT M BE SrWF UNLESS RE b1E87F!!!E) (j, ` l TOTAL Our drivers wiff`make every effort`fo p►ace material where customer designates, but "COMPANY" assumes no responsibility for damage inside curb or property line. Customer agrees to terms of sale and accepts material as is. Rec'd by _ w t roadway i interfer- 1 circum - o buy the prospec- profit.425 the cost ,f regrad- evidence .te courts es by the they are ,r is com- ial court t -of -way, `unliqui- that the damages d court's ,it where ;.hat they d not be "intelli- v Dykes, 311 (Fla Wilhelm, §4.17 DAMAGES 165 Punitive Damages A court may award punitive damages for interference with an easement.433 In order to grant punitives, the interference of the servient owner.must involve "more than momentary thoughtlessness, inadvertence, or error of judgment," but rather, "such an entire want of care as to- show conscious indifference to the rights, welfare, or safety" of the dominant owner.434 Punitives were found appropriate when a servient owner in "heedless and reckless disregard" of the easement owner's rights "root plowed" the roadway subject to the easement to make it impassable and threatened to shoot the ease- ment owner in a dispute over the right.435 Even less egregious behavior can support the award of punitives. Thus, where the servient owner built an apart- ment blocking a right-of-way, the court awarded punitives because the servient owner had actual and constructive notice of the easement and so demonstrated a "wanton disregard" of the dominant owners' rights .436 Punitives were rejected, however, when officers of the lessee of a servient parcel ignored a prior court's order not to obstruct an easement, but there was no finding that the conduct was malicious.411 4 ee, e.g., Can Am Indus v Firestone Tire & Rubber Co, 631 F Supp 1180 (CD Ill 986), Leclerq v Zaia, 28 Ill App 3d 738, 328 NE2d 910 (1975); MH Siegfried Real Estate, Inc v Renfrow, 592 SW2d 488 (Mo Ct App 1979), affd in part & revd in part, 633 SW2d 272 (Mo Ct App 1982); Shors v Branch, 221 Mont 390, 720 Ptd 239 (1986): Langhorst v Riethmiller, 52 Ohio App 2d 137, 368 NE2d 328 (1977); Consolidated Rail Corp v MASP Equip Corp, 67 NY2d 35, 490 NE2d 514, 499 NYS2d 647 (1986); Gerstner v Wilhelm, 584 SW2d 955 (Tex Ct App 1979); Crabbe v Verve Assocs, 549 A2d 1045 (Vt 1988). 434 Gerstner v Wilhelm, 584 SW2d 955 (Tex Ct App 1979). Accord Consolidated Rail Corp v MASP Equip Corp, 67 NY2d 35, 490 NE2d 514, 499 NYS2d 647 (1986); Crabbe v Verve Assocs, 549 A2d 1045 (Vt 1988). 431 Gerstner v Wilhelm, 584 SW2d 955 (Tex Ct App 1979). 436 Crabbe v Verve Assocs, 549 A2d 1045 (Vt 1988). 437 See Consolidated Rail Corp v MASP Equip Corp, 67 NY2d 35, 490 NE2d 514, 499 NYS2d 647 (1986). AV vier, 187 � 'S2d 275 - rated after Srabbe v §4.17 DAMAGES 165 Punitive Damages A court may award punitive damages for interference with an easement.433 In order to grant punitives, the interference of the servient owner.must involve "more than momentary thoughtlessness, inadvertence, or error of judgment," but rather, "such an entire want of care as to- show conscious indifference to the rights, welfare, or safety" of the dominant owner.434 Punitives were found appropriate when a servient owner in "heedless and reckless disregard" of the easement owner's rights "root plowed" the roadway subject to the easement to make it impassable and threatened to shoot the ease- ment owner in a dispute over the right.435 Even less egregious behavior can support the award of punitives. Thus, where the servient owner built an apart- ment blocking a right-of-way, the court awarded punitives because the servient owner had actual and constructive notice of the easement and so demonstrated a "wanton disregard" of the dominant owners' rights .436 Punitives were rejected, however, when officers of the lessee of a servient parcel ignored a prior court's order not to obstruct an easement, but there was no finding that the conduct was malicious.411 4 ee, e.g., Can Am Indus v Firestone Tire & Rubber Co, 631 F Supp 1180 (CD Ill 986), Leclerq v Zaia, 28 Ill App 3d 738, 328 NE2d 910 (1975); MH Siegfried Real Estate, Inc v Renfrow, 592 SW2d 488 (Mo Ct App 1979), affd in part & revd in part, 633 SW2d 272 (Mo Ct App 1982); Shors v Branch, 221 Mont 390, 720 Ptd 239 (1986): Langhorst v Riethmiller, 52 Ohio App 2d 137, 368 NE2d 328 (1977); Consolidated Rail Corp v MASP Equip Corp, 67 NY2d 35, 490 NE2d 514, 499 NYS2d 647 (1986); Gerstner v Wilhelm, 584 SW2d 955 (Tex Ct App 1979); Crabbe v Verve Assocs, 549 A2d 1045 (Vt 1988). 434 Gerstner v Wilhelm, 584 SW2d 955 (Tex Ct App 1979). Accord Consolidated Rail Corp v MASP Equip Corp, 67 NY2d 35, 490 NE2d 514, 499 NYS2d 647 (1986); Crabbe v Verve Assocs, 549 A2d 1045 (Vt 1988). 431 Gerstner v Wilhelm, 584 SW2d 955 (Tex Ct App 1979). 436 Crabbe v Verve Assocs, 549 A2d 1045 (Vt 1988). 437 See Consolidated Rail Corp v MASP Equip Corp, 67 NY2d 35, 490 NE2d 514, 499 NYS2d 647 (1986). AV A-, I- /."�-ems �w .�.'�c..�/f •_�-•� MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless Keith Bird February 24, 2003 Dale and Helen Sharp 2445 N. Wingate Ln. Meridian, ID 83642 Re: Enforcement of Packard Acres No. 2 Subdivision Final Plat Order Dear Mr. and Mrs. Sharp: The purpose of this letter is to summarize my understanding of the City Council's direction regarding enforcement of the subject application's conditions, as discussed at the February 11, 2003 Pre -City Council Meeting. First, I believe there was agreement amongst the Mayor and council members that the developer, Packard Estates Development, LLC, must adhere to every condition placed upon them. To date, there have been no special waivers or modifications granted by the City of Meridian to the adopted Order for Packard Acres No. 2 Final Plat. There is consensus on this issue. It is no different than any other plat the City of Meridian approves. Second, of the 32 conditions listed in the Order (dated 1-16-01), it is my understanding that you believe three of the conditions (items #15, #20 and #22) have not been adequately complied with. I will address each of these items below: On Item # 15 (perimeter fencing), based upon Councilman Nary's statements at the February 11th meeting, staff does not intend to require the developer to construct a fence on the south side of Challis Lane, on the north boundary of the so-called "Reichert property" (5 acres). This is because we have an approved fencing plan that shows no perimeter fence in this location. An approved plan is deemed to be a "written" response, as allowed for under condition #6 of the same Order. On Item # 20 (E Challis gates), Mayor Corrie stated (on page 13 of the minutes) that he believes ACHD should be involved because of the public right-of-way issue. I called ACHD's Development Services staff after the meeting and was told that on February 27, 2002, the ACHD Commission held a public hearing (at which you both provided testimony) and at that meeting the Commission reversed their decision of the October 18, 1995 preliminary plat that the gates had to be constructed. Their reversal resulted in the 33 EAST IDAHO - MERIDIAN, IDAHO 83642 (208) 888-4433 - Fax (208) 887-4813 - City Clerk Office Fax (208) 888-4218 - Human Resources Fax (208) 288-1193 LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 CITY OF l�lf.. PARKS & RECREATION (208 888-3579 - Fax 898-5501 PUBLIC WORKS IDAHO )/ (208) 898-5500 -Fax 887-1297 y SCF BUILDING DEPARTMENT tiTFR°/ (208)887-2211 - Fax 887-1297 T aha (SINCE . '' 1903 PLANNING AND ZONING (208) 884-5533 - Fax 888-6854 Dale and Helen Sharp 2445 N. Wingate Ln. Meridian, ID 83642 Re: Enforcement of Packard Acres No. 2 Subdivision Final Plat Order Dear Mr. and Mrs. Sharp: The purpose of this letter is to summarize my understanding of the City Council's direction regarding enforcement of the subject application's conditions, as discussed at the February 11, 2003 Pre -City Council Meeting. First, I believe there was agreement amongst the Mayor and council members that the developer, Packard Estates Development, LLC, must adhere to every condition placed upon them. To date, there have been no special waivers or modifications granted by the City of Meridian to the adopted Order for Packard Acres No. 2 Final Plat. There is consensus on this issue. It is no different than any other plat the City of Meridian approves. Second, of the 32 conditions listed in the Order (dated 1-16-01), it is my understanding that you believe three of the conditions (items #15, #20 and #22) have not been adequately complied with. I will address each of these items below: On Item # 15 (perimeter fencing), based upon Councilman Nary's statements at the February 11th meeting, staff does not intend to require the developer to construct a fence on the south side of Challis Lane, on the north boundary of the so-called "Reichert property" (5 acres). This is because we have an approved fencing plan that shows no perimeter fence in this location. An approved plan is deemed to be a "written" response, as allowed for under condition #6 of the same Order. On Item # 20 (E Challis gates), Mayor Corrie stated (on page 13 of the minutes) that he believes ACHD should be involved because of the public right-of-way issue. I called ACHD's Development Services staff after the meeting and was told that on February 27, 2002, the ACHD Commission held a public hearing (at which you both provided testimony) and at that meeting the Commission reversed their decision of the October 18, 1995 preliminary plat that the gates had to be constructed. Their reversal resulted in the 33 EAST IDAHO - MERIDIAN, IDAHO 83642 (208) 888-4433 - Fax (208) 887-4813 - City Clerk Office Fax (208) 888-4218 - Human Resources Fax (208) 288-1193 gates on E. Challis being removed due to being an obstruction of a public street. To date, the City of Meridian has not amended its January 16, 2001 Final Plat Order to reflect the ACHD Commission's action on February 27, 2002. I would refer you to Idaho Code 40- 1310, which states, in part, that highway districts have jurisdiction over all rights-of-way within highway systems. In my opinion, this decision by the ACHD Commission supercedes the City's ability to enforce this condition. On Item # 22 (damages to Wingate Lane), Councilwoman deWeerd asked (on page 12 of the minutes) that you provide a picture of Wingate Lane in the pre -development condition so that we can determine if the lane was damaged by the developer or contractors. You (Helen) asked if an aerial photo was available and said that you did not have such a photo. The City does not have access to aerial photos or any other evidence that clearly depict the surface condition of Wingate Lane prior to the approval of Packard Acres No. 2 Subdivision. The Planning & Zoning Department is fully prepared to enforce this condition but only after we have the appropriate evidence to support our position. Finally, Councilman Nary summarized the issues as follows (on page 14 of the minutes): "The Planning and Zoning Department should determine whether or not there is enough (information) to go forward and what the process would be to enforce these conditions on the developer. It is the City's responsibility to do that, so you were correct ... The problem I think that you are having is that you and Planning and Zoning don't agree as to how far out of compliance they are and that's not something at least today we can mediate until it's heard by Planning and Zoning and the Commission and then it comes here." Therefore, if you would like the Planning Department to pursue any other course of action beyond what I have stated herein, I would like to request a written letter from you stating your concerns and/or disagreements with the items I've outlined and any additional evidence demonstrating a violation of an approved condition. I will then follow-up with the Mayor, City Council and City Attorney to take the appropriate actions. Sincerely, Brad Hawkins -Clark Interim Planning Director Cc: Mayor Bob Corrie City Council City Clerk Packard Estates Development, LLC r - Dave McKinnon From: Stacy Wirick [stacy c@parkpointe.com] Sent: Monday, April 28, 2003 9:57 AM To: 'mckinnod@meridiancity.org' Subject: FW: failure notice Dear Dave: Please accept this memo as our written assurance that we will have the sewer lift station at Packard Acres #2 removed from the site no later than June 15, 2003, at which time we will have the landscaping outlined in the original landscape plan completed. Should you have any questions regarding this memo or our intent, please do not hesitate to contact me at 794-7692 mor 323-4188. I appreciate your willingness to work with us on this matter. Sincerely, Stacy Wirick Property Manager for Packard Estates Developers, LLC. Dave I had tried to send this to you on Friday but had written your e-mail address down wrong. Sorry for the delay. Have a great day. Stacy -----Original Message ----- From: MAILER-DAEMON@fiberpipe.com [mailto:MAILER-DAEMON@fiberpipe.com] Sent: Friday, April 25, 2003 4:16 PM To: stacy@parkpointe.com Subject: failure notice Hi. This is the qmail-send program at fiberpipe.com. I'm afraid I wasn't able to deliver your message to the following addresses. This is a permanent error; I've given up. Sorry it didn't work out. <McKinnonD@meridiancity.org>: Sorry, no mailbox here by that name. vpopmail (#5.1.1) --- Below this line is a copy of the message. Return -Path: <stacy@parkpointe.com> Received: (qmail 28241 invoked by uid 2006); 25 Apr 2003 22:15:51 -0000 Received: from unknown (HELO fiberpipe.net) (172.25.173.12) by spooll.boidmz.fiberpipe.net with SMTP; 25 Apr 2003 22:15:51 -0000 Received: (qmail 25251 invoked by uid 2005); 25 Apr 2003 22:15:51 -0000 Received: from stacy@parkpointe.com by smtpl with qmail-scanner-0.90 (uvscan: v4.0.50/v4054. . Clean. Processed in 0.319471 secs); 25/04/2003 16:15:50 Received: from mail.parkpointe.com (HELO pprnt.parkpointe.com) (209.210.58.67) by smtp2.boidmz.fiberpipe.net with SMTP; 25 Apr 2003 22:15:50 -0000 Received: by PPRNT with Internet Mail Service (5.5.2650.21) id <J4GJ7ZL1>; Fri, 25 Apr 2003 16:15:05 -0600 1 Message-ID:<11159E3EALbFD2llB565204C4F4F5020B2915B@PPPL,-, From: Stacy Wirick <stacy@parkpointe.com> To: "'McKinnonD@meridiancity.org'" <McKinnonD@meridiancity.org> Cc: Craig Groves <rcgroves@parkpointe.com> Subject: Packard Acres #2 Date: Fri, 25 Apr 2003 16:15:04 -0600 MIME -Version: 1.0 X -Mailer: Internet Mail Service (5.5.2650.21) Content -Type: multipart/alternative; boundary="---- = NextPart 001 O1C30B78.1F49BODO" This message is in MIME format. Since your mail reader does not understand this format, some or all of this message may not be legible. ------ _=_NextPart_001_01C30B78.1F49BOD0 Content -Type: text/plain Dear Dave: Please accept this memo as our written assurance that we will have the sewer lift station at Packard Acres #2 removed from the site no later than June 15, 2003, at which time we will have the landscaping outlined in the original landscape plan completed. Should you have any questions regarding this memo or our intent, please do not hesitate to contact me at 794-7692 mor 323-4188. I appreciate your willingness to work with us on this matter. Sincerely, Stacy Wirick Property Manager for Packard Estates Developers, LLC. ------- =_NextPart_001_O1C30B78.1F49BOD0 Content -Type: text/html <!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN"> <HTML><HEAD> <META HTTP- EQUIV="Content-Type" CONTENT="text/html; charset=US-ASCII"> <TITLE>Message</TITLE> <META content="MSHTML 6.00.2800.1106" name=GENERATOR></HEAD> <BODY style="COLOR: #000000; FONT -FAMILY: "> <DIV><SPAN class=450441022-25042003><FONT face=Arial size=2>Dear Dave:</FONT></SPAN></DIV> <DIV><SPAN class=450441022-25042003><FONT face=Arial size=2>Please accept this memo as our written assurance that we will have the sewer lift station at Packard Acres #2 removed from the site no later than June 15, 2003, at which time we will have the landscaping outlined in the original landscape plan completed.&nbsp; </FONT></SPAN></DIV> <DIV><SPAN class=450441022-25042003><FONT face=Arial size=2>Should you have any questions regarding this memo or our intent, please do not hesitate to contact me at 794-7692 mor 323-4188.</FONT></SPAN></DIV> <DIV><SPAN class=450441022-25042003><FONT face=Arial size=2>I appreciate your willingness to work with us on this matter.</FONT></SPAN></DIV> <DIV><SPAN class= 450441022-25042003><FONT face=Arial size=2>Sincerely,</FONT></SPAN></DIV> <DIV>&nbsp;</DIV> <DIV align=left><FONT face="Lucida Handwriting"><STRONG>Stacy Wirick</STRONG></FONT></DIV> <DIV align=left><STRONG><FONT face="Lucida Handwriting">Property Manager&nbsp;<SPAN class=450441022-25042003>for</SPAN></FONT></STRONG></DIV> <DIV align=left><STRONG><FONT face="Lucida Handwriting"><SPAN class=450441022-25042003>Packard Estates Developers, LLC.</SPAN></FONT></STRONG></DIV> <DIV>&nbsp;</DIV></BODY></HTML> ------ = NextPart 001 OIC30B78.1F49BODO-- �, ,.0-.., �� ��� Tom; � ���� e�l CN,7- gat lZIECIErvq) AUG 0 8 2000 CITY OF AMRIDMN PLANNING & ZONING RECEIVED SEP 12 2002 City of Meridian City Clerk Office North Wingate Lane Road Association Meridian, Idaho 83642 September 10, 2002 To Whom It May Concern: We, as members of the Wingate Lane Road Association wish to bring to the attention of the Ada County Highway Commissioners, The City of Meridian and the developers of Packard Estates that our private lane is being used by workmen and residents of both Chamberlain Estates and Packard Estates as a shortcut. This is in direct violation of everything we as residents and owners of Wingate Lane have been promised. It seems that the developers of Packard Estates have forgotten that they are only one entity of ownership on the lane. The rest of us pay dues to maintain the lane, the developers have not. The promise of no access has been made in numerous hearings and meetings with the ACRD, Meridian City Council, and Mr. Edmonds and Mr. Grow of Packard Estates. Mr. Grow and Mr. Edmonds promised Mrs. Thompson and Mr. Sharp last fall that a fence would be built on both sides of Wingate Lane with no side -gate access. When the fence was built, three gates were included. We now find that the lane has been crossed over with a paved street and sidewalks, leaving the lane open to easy access to anyone who decides to travel on it. We observe that the lane is being accessed both from Ustick and from the subdivision. Trash is being left by those who have no interest in this area except for a quick passage. L We never want nor intend for this lane to be a main thoroughfare. We expect the promises of privacy to be kept. Please inform us as to how you will do this. Owners of Wingate Lane Road Association, 'SEP, -12' 02 (THU) 16:26 JW'+K.-L-SCOTT-601 SE 6223 N. Discovery Way, Suite 120, Boise, ID. 83713 Phone (208)323-4188 Fax (208)323-4102 TD-- 83230128 P. 001 10 � 70 � To: I -C)- a lll�S LiL�� From: Stacy Wirick Fax: %%% 4 PagesA including cover Phone: 3 Date: Re: f-�Uo 1 es' 1� CC. ❑ Urgent O For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle 'red , 0 rn.e &ded, Anae ajd �pNiclAc'a�bu� ��'r��i,�b dor �Jaa(�a✓Gt� �-es`#a 6XN Odd14)m `� qk2 Gaud l�al�;- �se 6-iyu�u� `SEP. -1?' 02 (THU) 16:26 JAL -SCOTT -BOISE TDA• 83230128 P. 002 CREEKSIDE LANDSCAPE & SPRINKLERS 2536 E.1biEADOWWOOD CR.T. M- El IDIAN, ID 65642 A87-1$$4 DATE: Sept. 06, 2002 Proposal Submitted To. Craig Groves/John L. Scott Packard Estates L.L.C. PROPOSAL JOB # Packard Estates Work To Be Performed At Phase #2 Meadows Detention Pond Lot 1 Block 8 We hereby propose to furnish the materials and perform the labor necessary for the completion of, Installation of Custom Automatic Rainbird Irrigation System, We use commercial Rainbird materials which are guaranteed for five years. For the larger areas we use Rainbird T -bird rotors. We will install a Rainbird ESP Outdoor Automatic timer. We will enclose the valve boxes with % drain rock to keep the mud and debris out of the valve box. We propose to irrigate the entire Detention area for the sum of ($1,950). Aprox. 7,000 Sq. Ft. • Install Sod at .30 Sq. Ft. Premium Cloverdale Bluegrass/Rye blend Turf Estimated Sq. Ft. 7,000 Sq. Ft for entire detention park ($2,100), • Grading will be billed out at $50/hr. for bobcat grading, Cat/Dozer work at $75/hr and hourly labor for Fine Grade raking $28/hr. We propose a Rough estimate ($350). Estimate 25 yds. of Topsoil at $10/Vds. ($250). • Landscape per the tree list: 7-2" trees with cut out tree rings and soil aid ($1,715). • Weed barrier and drain rock in sand filter area ($NA). All work areas to be kept clean at all times. Irrigation is -guaranteed for One Year. All material is Guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of Dollars ($6,365). Included 25 yds. of topsoil. Any alteration or deviation from above specifications involving extra costs, will be exerted only upon written orders, and will become an extra charge over and above the estimate_ All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire and other necessary insurance. Our workers are fully covered by Workmen's Compensation Insurance and Liability. Authorized Signatures. BSEP. -12' 02 (THU) 16:26 JAL -SCOTT -B01 SE TEl,�83230128 P.003 CR SIDE LANDSCAPE & SPRINKLE,RS 2536 E.1VIEADOWWOOD CRT. MEWDIAN,1D 63642 $$7-Y AA4 PROPOSAL DATE: Sept. 06, 2002 JOB;* Packard Estates Proposal Submitted To: Work To Be Performed_ At Craig Groves/John L. Scott Phase #2 Meadows Detention Pond Packard Estates L.L.C. Lot 32 Block 2 We hereby propose to furnish the materials and perform the labor necessary for the completion of: • Installation of Custom Automatic Rainbird Irrigation System. We use commercial Rainbird materials which are guaranteed for five years. For the larger areas we use Rainbird T -bird rotors. We will install a Rainbird ESP Outdoor Automatic timer. We will enclose the valve boxes with 3/4 drain rock to keep the mud and debris out of the valve box. We propose to irrigate the entire Detention area for the sum of ($2,500). Aprox. 11,500 Sq. Ft. • Install Sod at .30 Sq. Ft. Premium Cloverdale Bluegrass/Rye blend Turf Estimated Sq. Ft. 10,000 Sq. Ft for entire detention park ($3,000). • Grading will be billed out at $50/hr. for bobcat grading, Cat/Dozer work at $75/hr and hourly labor for Fine Grade raking $28/hr. We propose a Rough estimate ($750). Estimate 40-50 yds. of Topsoil at $10/Yds. ($450). • Landscape per the tree list: 13-2" trees with cut out tree rings and soil aid ($3,185). • 'Weed barrier and drain rock in sand filter area ($400). All work areas to be kept clean at all times. Irrigation is guaranteed for One Year. All material is Guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of Dollars ($10,285). Included 45 yds, of topsoil. Any alteration or deviation from above specifications involving extra costs, will be exerted only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire and other necessary insurance. Our workers are fully covered by Workmen's Compensation insurance and Liability. Authorized Signatures -SEP. -1.2' 02(THU) 16:27 JP`4,L-SC0TT-B01SE TE?�83230128 P. 004 CREEKSllDE LANDSCAPE & SPRINKLERS 2536 E. MEADOW WOOD CRT.NEWMAN, ID As642 AA7-1 AA4 PROPOSAL DATE: Sept. 06, 2002 JOB # Packard Estates Proposal Submitted To: Work To Be Performed At Craig Groves/John L. Scott Phase #2 Meadows Detention Pond Packard Estates L.L.C. Block 10/Lift Station We hereby propose to furnish the materials and perform the labor necessary for the completion of: Installation of. Custom Automatic Rainbird Irrigation System. We use commercial Rainbird materials which are guaranteed for five years. For the larger areas we use Rainbird T -bird rotors. We will install a Rainbird ESP Outdoor Automatic timer. We will enclose the v'al've boxes with % drain rock to keep the mud and debris out of the valve box. We propose to irrigate the entire Detention area for the sum of ($4,450). Aprox. 22,000 Sq. Ft. • Install Sod at .30 Sq. Ft, Premium Cloverdale Bluegrass/Rye blend Turf Estimated Sq. Ft. 21,000 Sq. Ft for entire detention park ($6,300). • Grading will be billed out at $50/hr. for bobcat grading, Cat/Dozer work at $75/hr and hourly labor for Fine Grade raking $28/hr. We propose a Rough estimate ($1,100). Estimate 120-150 yds. of Topsoil at $10/Yds. ($1,500). • Landscape per the tree list. 21-2" trees with cut out tree rings and soil aid ($4,975). 10 4-5' Arborvitae ($720), • Weed barrier and drain rock in sand filter area ($575). All work areas to be kept clean at all times. Irrigation is guaranteed for One Year. All material is Guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of Dollars(29 , 620 . ) Included 150 yds, of topsoil. Any alteration or deviation from above specifications involving extra costs, will be exerted only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire and other necessary insurance_ Our workers are fully covered by Workmen's Compensation Insurance and Liability. Authorized Signatures -SEP. -1'2' 02(THU) 16:27 JQAX,,L-SCOTT-BOISE Jar, 03 02 11:39a TEI,- Z 83230128 TEALEWS LAND 2501 Bogus Basin Road, Boise, Idaho 83702 SURVEYING (208) 385-0636 Fax (208) 885-0696 FAX 'T'PL�SMITTAL To: Stacy Wirick Date. January 3, 2002 Co_- Jo1n7. L Scott Project No. 1408-2 Fax No. 672-8201 Transmitted By- David Marks Reference: Packard Acres Subdivision No. 2 — Square footage of common areas Pages transmitted (Including tlus cover sheet) - I Below are the areas of the conn -ion lots in Packard Acres Su4jiV—m-6tj No. 2 - Lo � 9 Lot 33, Block 1 C Lot ock S 6,648 s.F. Lot 1 Block i0 23.415 s,f,1 Lot 1, Block 11 81 .9. f. -- $'rA The total square footage for the common Lots is 60,642 square feet. Respectfully, :David N. Marks, PE/PLS Tealey's IlAmd Surveying P. 005 P_ 1 -SEP. -1'2' 02(THU) 16:27 JO+iA�-,L-SCOTT-BOISE TEJ,- Q83230128 P. 006 City of Meridlial., Building Department uriglhl/+li 200 E Carlton, Suite 100 ZAlfMCP"IT ������,�.�,PN L#��, Meridian ID 8364?_ PH 887-2211 / FAX 887-1 297 Bl.lilding Permit W Page:1 Permit Number- BP1999-322 Printed_ 12/20/1999 Approved: Applicant: PACK(ARD ESTATES DEVELOPMENT 6223 N.DISCOVRY WAY, SUITE 120 Boise, ID 83713 Parcel Number: PARC1999-5673 1 PACKARD #1 & 92 MERIDIAN, fD 83642 Legal Description: PROPERTY OWNER Zoning: Addition: i3lock: Lot(s): Section: Township: Range: /area: Voice: Fax: Local License: State Llcen:.e: Fees and Receipts: Number Descriptlol'r FEE1999-1878 Water Assesment Fee's Fees Total: RCPT1999-564 AWrlount $ 5,632.00 $ 5,632.00 $5,(332.00 Receipts Total: $;,632.00 Construction Value: $0.00 Structure Use: Start Date- 00/00/0600 Purpose: Water Assessment fee's End Date: 00/00/0000 impervious Surfaces 0.00 Porch/Wallc: 0.00 Other: 0.00 Total: 0.00 0.01) MOD Floor Areas Living Spac=e: 0.00 Basemenustorage: 0.00 House; Garage: 0.00 Porches: 0.00 Garage: Decks: 0.00 Other: 0.00 Driveways: Total Area: 0.00 Site Area: 0.00 Structure Area: D -DD p.3rcentage of Site: impervious Surfaces 0.00 Porch/Wallc: 0.00 Other: 0.00 Total: 0.00 0.01) MOD -SEP,'- Y2' 02 (THU) 16 : 27 dq.U�- L -SCOTT -BOISE TEy:-2,083230128 P. 007 CITY OF MERIDIAN Application for Water & Sewer Assessment or Reassessment mportant: Complete all items, check 311 applicable spaces - Location Su rsion Addl'oss: Block Lot: 4 i alae .,i # l o of Building ow Cc!y 011 f`�- CJ L-1 City Sewer Proposed Use: See Item 6 bel� M Septic Tank Residential U Commercial LI Industrial EA Other Q2� - Owner: 1P,s L -L -r- Phone No. Phone No. Contractor: Plumber: Phone No. ?hone No. Architect: Residential: Commercial: Industrial: _ New Structure Recreational/Amusement _ Food/Milk Proce5sinc7 _— Existing ___ __ Church/Religious Ong_ Plating/Metals Remodel Service Station Warehouse/Storage Addition Car wash/Garage Othor - Specify Single -Family Office/Bank/Professional Two or Mote Family School/Library _ Number of Units__ Other - Specify Note: Plans shall be furnished is Other - Specify %A-ke-4' for all commercial and Floor Space, Sq. Ft. Industrial Buildings All fees shall be paid to the City of Meridian whoa building perrTdl is obtained. 3. No Water Meter will thn instnklied prior to approval of all inspections and payment of lees. I_ inspection required at water meter yoke where plumber makes connection, at connection of sprinkler system and al location of backflow prevention device. 10_ Person signing application is responsible for notification for inspection, and/or deficient materials or workmanship by sub- contractors - 1. For Meter Installation call L969-5242. Signature of Applicant: ress an tune o.: Date - 'or Office use Onl Selow This Line Date received b Water De t. Approved Amount Due Number of Approved B - Date Permit Fee For Equly- Conn B.Q.A. Inspection Comments tZ--7-,m-cult Water Assesgment $ S Number or Connections _ Size of Meter Approved Latecomer Assessment Lawn Sprinkler Connection Backflow Device Connection Fire S rinkler Connection Backflow Device Connection Approved Dale BOA No. Equiv. Amount Inspection Comments By Conn. ewer hook-up atecomer Assess. - _ btal x $ _+ $ - olal Due ;t5 4'32 - o0 _ gate Meter Installed _ by, Name fly No. Mfg. No_ Account No. mount Paid Date lo`Zrte- o Size Make________ Reading �,� --- AN ** TX STATUS REPORT ** DATE TIME TO/FROM 0823 10:42 3234102 -------------------------- AS OF AUG 23 °02 10=42 PAGE.01 PUBLIC WORKS MODE MIN/SEC PGS CMDU STATUS EC --S 00,38" 001 044 OK Fax Memo To: Stacey Wirek, Packard Estates F-23 _q 102- From. otFrom: Brad Watson, P.E. City Engineer CC: Shari Stiles, File Pages: 1 Date: 8232002 Re: Packard Acres Subdivision No. 2 Stag, In response to your voice mail message yesterday, I did correspond with Shari about the pathway requirements and conditions for Packard Acres No. 2. The asphalt pathway is required according to Planning & Zoning with specific reference to Site Specific Staff Comment Nos. 14 and 21. Consequently, plans, surety & applicable license agreement with NMID for the pathway will be required. Thanks, X-� 0 Page 1 Frmr the dc* of Brad Wrdaq P F- City Maidiae Public Works Dcpemmm 660 E Was awwet 1-=�. Suite 200 Maidiam Idaho 83642 (208)898-5500 Fax (208)887-1297 w��t+Qrreridinncity-org SEP.-23'02(MON) 09:57 JOHN -L -SCOTT -BOISE TEL:2083230128 P.004 2536 E. Mf-ADOW WOOD CRT. MERIDIAN, ID 63642 867-1884 PROPOSAL DATE: Sept. 06, 2002 JOB # Packard Estates Proposal Submitted To: Work To Be Performed At Craig Groves/John L. Scott Phase #2 Meadows Detention Pond Packard Estates L.L.C. Lot l Block 8 We hereby propose to furnish the materials and perform the labor necessary for the completion of: • Installation of Custom Automatic Rainbird Irrigation System. We use commercial Rainbird materials which are guaranteed for five years. For the larger areas we use Rainbird T -bird rotors. We will install a Rainbird ESP Outdoor Automatic timer. We will enclose the valve boxes with 3/4 drain rock to keep the mud and debris out of the valve box. We propose to irrigate the entire Detention area for the sum of ($1,950). Aprox. 7,000 Sq. Ft. • Install Sod at .30 Sq. Ft. Premium Cloverdale Bluegrass/Rye blend Turf Estimated Sq. Ft. 7,000 Sq, Ft for entire detention park ($2,100). • Grading will be billed out at $50/hr. for bobcat grading, Cat/Dozer work at $75/hr and hourly labor for Fine Grade raking $28/hr. We propose a Rough estimate ($350). Estimate 25 yds. of Topsoil at $10/Yds. ($250). • Landscape per the tree list: 7-2" trees with cut out tree rings and soil aid (S1,715). • Wecd barrier and drain rock in sand filter area ($NA). All work areas to be kept clean at all times. Irrigation is guaranteed for One Year. All material is Guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial worlcman ike manner for the sum of Dollars ($6,365). Included 25 yds. of topsoil. Any alteration or deviation from above specifications involving extra costs, will be exerted only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire and other necessary insurance. Our workers are fully covered by Workmen's Compensation insurance and Liability. Authorized Signatures RVIEW APPpO BY SE p 2 3 2002 ME8,ZP' O NG MT SEP 23 102 10=33 2083230128 PAGE.04 SEP. -23' 02 (MON) 04:57 JOHN -L -SCOTT -BOISE TEL:2083230128 P. 005 '---%1 1-6-1 CREEKSI E LANDSCAPE & SPRINKLERS 2536 E. 1FJ F-ADOSl1 W' GOD, CRT. MERIDIAN, ID 83642 887-1$$4 PROPOSAL DATE: Sept. 06, 2002 JOB # Packard Estates Proposal Submitted To: Work To Be Performed At Craig Groves/John L. Scott Phase 42 Meadows Detention Pond Packard Estates L.L.C. Lot 32 Block 2 We hereby propose to famish the materials and perform the labor necessary for the completion of: Installation of Custom Automatic Rainbird Irrigation System. We use commercial Rainbird materials which are guaranteed for five years. For the larger areas we use Rainbird T -bird rotors. We will install a Rainbird ESP Outdoor Automatic timer. We will enclose the valve boxes with 114 drain rock to keep the mud and debris out of the valve box. We propose to irrigate the entire Detention area for the sum of ($2,500). Aprox. 11,500 Sq. Ft. • Install Sod at .30 Sq. Ft. Premium Cloverdale. Bluegrass/Rye blend Turf Estimated Sq. Ft. 10,000 Sq. Ft for entire detention park ($3,000). • Grading will be billed out at $50/hr. for bobcat grading, Cat/Dozer work at S75/hr and hourly labor for Fine Grade raking $28/hr. We propose a Rough estimate ($750). Estimate 40-50 yds. of Topsoil at $10/Yds. ($450). • Landscape per the tree list; 13-2" trees with cut out tree rings and soil aid ($3,185). • Weed barrier and drain rock in sand filter area ($400). All work areas to be kept clean at all times. Irrigation is guaranteed for One Year. All material is Guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner for the stun of Dollars ($10,285). Included 45 yds. of topsoil. Any alteration or deviation from above specifications involving extra costs, will be exerted only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire and other necessary insurance. Our workers are fully covered by Workmen's Compensation Insurance and Liability. Authorized Signatures ri;: W APPROVAL S EP 2 3 2007 MEANNING & ZONING DEPT- SEP EFT SEP 23 '02 10:33 2083230128 PAGE.05 SEP. -2312 XN) 09:57 JOHN -L -SCOTT -BOISE TEL:2083230128 P. 006 CR E.KSIDE LANDSCAPE & SPMKLERS 2536 E. MP�DOW WOOD COT. M1rRIMA , ID 83642 667-166-'r PROPOSAL DATE: Sept. 06, 2002 JOB # Packard Estates Proposal Submitted To; Work To Be Performed At Craig Groves/John L. Scott Phase 42 Meadows Detention Pond Packard Estates L.L.C. Block 10/Lift Station We hereby propose to furnish the materials and perform the labor necessary for the completion of: • Installation of Custom Automatic Rainbird Irrigation System. We use commercial Rainbird materials which are guaranteed for five years. For the larger areas we use Rainbird T -bird rotors. We will install a Rainbird ESP Outdoor Automatic timer. We will enclose the valve boxes with % drain rock to keep the mud and debris out of the valve box. We propose to irrigate the entire Detention area for the swn of ($4,450). Aprox. 22,000 Sq. Ft. • Install Sod at .30 Sq. Ft. Premium Cloverdale Bluegrass/Rye blend Turf Estimated Sq. Ft. 21,000 Sq. Ft for entire detention park ($6,300). • Grading will be billed out. at $50/hr. for bobcat grading, Cat/Dozer work at $75/hr and hourly labor for Fine Grade raking S28/hr. We propose a Rough estimate ($1,100). Estimate 120-150 yds. of Topsoil at $1ONds. ($1,500). • Landscape per the tree list: 21-2" trees with cut out tree rings and soil aid ($4,975). 10 4-5' Arborvitae ($720). • Weed barrier and drain rock in sand filter area ($575). All work areas to be kept clean at all times. Irrigation is guaranteed for One Year. All material is Guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of Dollars (19, 620 . ) Included 150 yds. of topsoil. Any alteration or deviation from above specifications involving extra costs, will be exerted only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire and other necessary insurance. Our workers are fully covered by Workmen's Compensation insurance and Liability. Authorizedt1ty w j pprmaVU Signatures u.._,.... __ � a 3 zoos MENDEP & MERIDIAN T SEP 23 102 10:34 2083230128 PAGE.06 /"N1 /'N Fax Memo To: Pat Tealey, PLS, Tealey's Land Surveying (385-0696) From: Brad Watson, RE � City Engineer CC: File, Stacy Wirick (323-4102) Pages: 3 Date: 8/5/2002 Re: Packard Acres Subdivision No. 2 Following are my initial plat review comments. Please call Karie in my office or the City Clerk's office if you need a copy of the Order of Conditional Approval of Final Plat. From the desk of.. . Br" Watson, Py— City _ —City Engineer Meridian Public Works Departrn ert 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 (208)898-5500 Fax (208)887-1297 -asmb@m-idimcity.org 0 Page 1 3) Our project tracking shows no final approvals for installation of water, sewer, fencing, pressurized irrigation, landscaping, fencing or streetlights. A letter of credit for these items must be provided to the City Clerk, substantiated by copies of contractor's bids, prior to plat signature. Surety for all items must be 110% of the bid except that streetlights may at $1500 each if they will be standard type (Site Specific staff comment No. 5). Please submit all surety items directly to me and I will route the fencing and landscaping items to Planning & Zoning Department. 4) Detailed landscaping plans for all common areas and pathway details must be approved by the Planning & Zoning Department prior to plat signature. I do not yet have confirmation from P&Z that this has be done (Site Specific staff comment No. 14). 5) Provide revised detailed fencing and gate plans. The irrigation plans have been approved by the downstream water users (Site Specific staff comment No. 15). 6) Provide signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal ground water elevation (Site Specific staff comment No. 17). 7) The final plat conditions require a "release of dominant parcel interest in the private lane easement" be recorded prior to plat signature. The conditions h:\subl\packard acres #2.tealeys.final plat.8-5-02.memo.doc 660 E. Watertower Ln., Suite 200 Meridian, Idaho 83642 Public Works (208) 898-5500 Building (208) 887-2211 Fax(208)887-1297 CITY OF MERILIAN GARY D. SMITH, P.E. MAYOR PUBLIC WORKS DIRECTOR PUBLIC WORKS / BUILDING DEPARTMENT ROBERT D. CORRIE BRAD R. WATSON, P.E. COUNCIL MEMBERS CITY ENGINEER KEITH BIRD TAMMY DE WEERD CHERIE MCCANDLESS WILLIAM L.M. NARY TO: Pat Tealey, PLS, Tealey's Land Surveying (385-0696) FROM: Brad Watson CC: File, Shari Stiles DATE: 8/5/2002 SUBJECT: Packard Acres Subdivision No. 2 1 completed a review of the plat and project file and have the following comments: General Comments 1) Please provide irrigated common area calculations for computing water assessment fees for the secondary irrigation connection to the domestic water system. Payment of these fees is required prior to plat signature (Site Specific staff comment No. 2). 2) Compaction tests for any and all filled lots must be submitted (Site Specific staff comment #3). 3) Our project tracking shows no final approvals for installation of water, sewer, fencing, pressurized irrigation, landscaping, fencing or streetlights. A letter of credit for these items must be provided to the City Clerk, substantiated by copies of contractor's bids, prior to plat signature. Surety for all items must be 110% of the bid except that streetlights may at $1500 each if they will be standard type (Site Specific staff comment No. 5). Please submit all surety items directly to me and I will route the fencing and landscaping items to Planning & Zoning Department. 4) Detailed landscaping plans for all common areas and pathway details must be approved by the Planning & Zoning Department prior to plat signature. I do not yet have confirmation from P&Z that this has be done (Site Specific staff comment No. 14). 5) Provide revised detailed fencing and gate plans. The irrigation plans have been approved by the downstream water users (Site Specific staff comment No. 15). 6) Provide signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal ground water elevation (Site Specific staff comment No. 17). 7) The final plat conditions require a "release of dominant parcel interest in the private lane easement" be recorded prior to plat signature. The conditions h:\subl\packard acres #2.tealeys.final plat.8-5-02.memo.doc 660 E. Watertower Ln., Suite 200 Meridian, Idaho 83642 Public Works (208) 898-5500 Building (208) 887-2211 Fax(208)887-1297 8) also require providing a recorded copy of a deed restriction that prohibits access to Wingate Lane prior to applying for building permits (Site Specific staff comment No. 23). 9) Submit copies of the proposed OCR's to the City Attorney's office for review (Site Specific staff comment No. 24). Finally, Site Specific staff comment No. 21 requires a pathway along the South Slough. The language in that condition is vague and I will meet with Planning & Zoning staff to resolve. Plat Comments 1) Change year of plat to "2002". 2) Insert instrument numbers for sewer and drainage easements and development agreement (in plat notes). I can sign the plat and forward it to the City Clerk for his signature as soon as the above items are addressed. hAsubl\packard acres #2.tealeys.final plat.8-5-02.memo.doc MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless December 20, 2001 HUB OF TREASURE VALL- A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 Packard Estates Development, LLC 6223 N. Discovery, Ste. 120 Boise, ID 83713 LEGAL DEPARTMENT (208)288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 RE: Final Plat Time Extension Approval on Packard Acres Subdivision No. 2 To Whom It May Concern: This letter is to confirm that the City of Meridian's City Council approved the Final Plat Time Extension application for the subject property at their 12/18/01 meeting. The Final Plat must be recorded by January 16, 2003. Sincerely, CITY OF MERIDIAN C�C5 Shari Stiles Planning Director/Zoning Administrator cc: Pat Tealey, Tealey's Land Surveying CITY OF MERIDIAN PUBLIC WORKS DEPARTMENT DATE: TO: FROM: SUBJECT: LETTER OF TRANSMITTAL November 19, 2001 Brad Echeverria Echeverria Construction, Inc. Brad Watson, PE City Engineer Packard Subdivision No. 2 — Lot Line Adjustment, Lots 12 & 13, Block 5 Enclosed are the following: These are transmitted: ❑ For Your Information ❑ For Review and Comment ❑ For Your Use ❑ As Requested ® For Action Specified Below Remarks: There are two items to address on the drawing: 1) the parcel number and area call -outs on Lot 12 are not shown and 2) the distance the lot line is being moved must be shown. Please call if you have any questions. CC: Shari Stiles, File Signed: 660 E. Watertower Lane, Suite 200 Meridian, ID 83642 Phone: (208) 898-5500 Fax. (208) 887-1297 MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless January 17, 2001 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 Packard Estates Development, L.L.C. 6223 N. Discovery Way, Ste. 120 Boise, ID 83713 RE: Final Plat Approval for Packard Acres Subdivision No. 2 To Whom It May Concern: LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 This letter is to confirm that the City of Meridian's City Council approved with conditions the Final Plat application for the subject property at their 1/16/01 meeting. Per Ordinance Title 12-3-8, the Final Plat shall be filed with the County Recorder within one (1) year after written approval by the 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. The Council may authorize an extension of the final plat for a period not to exceed one year from the end of the original one-year period. Any request for an extension must be filed with the Zoning Administrator prior to the lapse of the original one year and must be in writing. (Ord. 456, 9-3-85) The fee for an extension request is $100.00. Sincerely, CITY OF MERIDIAN C:—S- I Shari Stiles Planning Director/Zoning Administrator cc: Pat Tealey, Tealey's Land Surveying 01/02/2001 10:51 2083850696 TEALEYS LAND SUR�kY r � Te. -ley Land Surveying 2501 Bogus Basin Road Boise, Idako 83702 Phone; 385-0636 Fax; 385-0696 To: Bruce Freckleton & Shari Stiles From: Pat Tealey Fax: 888-6854 Date: January 2, 2001 Phone: 884-5533 Pages: 4 Re: CC: PAGE 01 Fax 0 Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle • Comments: 01/02/2001 10:51 2083850696 TEALEYS 11�1L ID SURWY PAGE 02 TEALEY'S LAND 2501 Bogus Basin Rd. • Boise, Idaho 83702 SURVEYING (208) 385-0636 F3 Fax (208) 385-0696 City of Meridian 33 East Idaho Street Meridian, Idaho 83642 Attn: Bruce Freckleton Shari Stiles January 2, 2001 RE: Final Plat Comments — Packard Acres No_ 2 The following is a response to your letter of September 28, 2000 that lists comments made by the City Engineers & Planning and Zoning Departments. The numbered responses below correspond to the numbers listed on your letter. Site Stvecific Comments Item 1 The applicant will meet terms of the preliminary plat and development agreement. Item 2 Water assessment will be paid prior to signature by the City of Meridian on the fiaaal plat. Item 3 If needed, compaction test results will be submitted. Item 4 The design of drain areas takes this into account. Item 5 These requirements will be in place or submitted prior to City of Meridian signature on the final plat. Item 6 Fencing will be constructed in accordance with the fencing plan submitted to the City of Meridian as part of the preliminary plat application. Item 7 These items have been assessed on a revised final plat that is attached to this letter. Item 8 The 20 foot easement is removed. See attached plan. 01/02/2001 10:51 �2,k838506/ 9` TEALEYS LAND SUNY PAGE 03 Item 9 The applicant does not agree with this requirement and will discuss this with staff and city council. Item 10 After discussion with staff, Wingate will remain 15' wide. Item 1 I The wording will be added to the final plat. Item 12 We will adjust the width of lot 27, block 2 to meet minimum requirements. Item 13 After Discussion wit staff a solution will be worked out with Public Works. Item 14 Landscape plans will be submitted. Item 15 This item was approved by the City of Meridian as part of the irrigation construction plans submitted and built in 1999 as part of Packard Acres No. 1. Item 16 Sewer and water services will be designed in accordance with City of Meridian requirements. Item 17 The applicant will supply this certification_ Item 18 Mailboxes will be built outside of the 5 foot sidewalk. Item 19 Wingate Lazne will remain 15' wide as discussed with staff and the Meridian Fire Department, Item 20 After discussion with staff and concurring legal opinions between the developer and the City of Meridian, the city council will determine the solution. Item 21 The developer agrees with staff about an access road. Item 22 The developer will address this situation with the affected party. Item 23 A legal opinion will be submitted to the City of Meridian confirming this and other comments about Wingate Lane. Item 24 The applicant will submit covenants and restrictions. Item 25 What does this comment mean? 01/02/2001 10:51 73850669` General Requirements TEALEYS LAID SUPSJWY Item 1 Plans will be submitted for approval. Item 2 Wells will be removed from domestic service. Item 3 Specifications will meet City of Meridian requirements. Item 4 The applicant will submit this letter. Item 5 Fire hydrants will be placed as required by the City of Meridian. Item 6 5 foot sidewalks will be provided. Sincerely, Patrick A. Tealey PAGE 04 To: N''a �dahlo d City Council Citerdian 33 MIdaho 83642 'fit f► L c s � ,- G — v v October 16, 2000 Il�CE� DEC 0 6 2000 From: North Wingate Lane Residents 2445 North Wingate Lane Meridian, Idaho 83642 AC SCS Re: Statement of expectations for developers of PackardnEstates Development, LLC. The residents of North Wingate Lane feel it is necessary to restate their position concerning use, access, or development of Wingate Lane by anyone not directly now living in a residence on the lane. We are supported by previous documents and proceedings that specifically prohibit any kind of access to North Wingate by others not presently living on the lane. We are very weary of having to keep such a vigilant watch on the proceedings for development of the lands that abut North Wingate Lane. We have made it clear in the past that all traffic of any kind, including pedestrian and bike traffic, will be prohibited now and in the future from traveling on or across North Wingate Lane. We expect the compliance of Packard Estates Development, LLC. to the city council for the construction of permanent gates (for the use of emergency vehicles only ) and fences to assure this. The property owners on the lane established this lane as a private lane, July 25, 1913. Ada County has already ruled that no more houses may be built along North Wingate Lane that would require entrance and exit directly from the lane. The residents of the lane pool money to maintain the lane. In the past, great damage has occurred because of use by construction vehicles that have illegally used the lane to access the developing areas of Packard Estates Development, LLC. Enforcing compliance has been difficult. The council has stated that permanent, not wire, fences and gates were to be constructed along North Wingate Lane before development began. The wire fences have been lowered whenever someone wanted to use the lane to access or crossover to the east or west development. Only emergency county access is allowed. All other accesses, including utility, ACRD, or irrigation, must be done on the development property and not involve the lane in any way, or at any time. No gates will be installed to allow the passage of pedestrians and bicycles across North Wingate Lane. This allowance would only invite problems. Sometimes this area is referred to as the unconstructed portion of E. Challis. It is not. It is part of our established, permanent private lane. We greatly appreciate the efforts of Mr. Bruce Freckleton, and Ms. Shari Stiles. They have been very helpful to explain and interpret the somewhat confusing documents concerning these proceedings. We also appreciate any other entity that is working to assure that legal concerns are correctly dealt with on this matter. Please help us put to rest any further worries concerning our proper right to keep our private lane as such. Sincerely, North Wingate Lane Residents Attachment Enclosed: EC A q CLrs J7 - TJ l `-T/ i 1 + y I e �"� °r 1 Q 6T I v � C SPA - A -L Or i ✓i -%-. E - J i -11 i..i%T L Le- Al � s•► a ✓� c 4J 2 � L e � V Q � � � V � Z i 1 1 Cr r •NrGP C CAJr) r A v v � C SPA - A -L Or i ✓i -%-. E - J i -11 i..i%T L Le- � J y I 1 n P 4 s V C A AJ Y �� 0to to RJ fr&✓1a<J TJ .� fl rr< fJr� - {^'-t U.� r ✓. n.•! � it v : -a< �..IfT�. r SEP 2 5 2000 �Cffyeww ,eo.- Y X 4, j, 2j J7 11 U � t (rar � t ' Jr�s er' c J - h a 3�$ Q}.l A, �C, . pnr;,`r � y �- �-• J "T �. .. c s i a i V " cC LC C,7- z - �/ /� sem► /� y O �" Q L. �ry c.� G C ,n cc w17 ('l� � L � .6- i `" �.. � /�i 1 w C . 'L � �t ✓moi P c r i y - -� d L � �•. C % � - J- '� ^7 �-- f/ 74. u T 7- 4 . J i s► .,, / �, -,.� �. r !`— w ter ,° . J _ v c ✓-P ` r .vt ivy 6 .,. G W.`C Cl � � V ^ ° ti✓ ✓ er �t � 7 � C ..� c ..�,•S� % L ✓ J 4-y 9 / �' '� ��'• cJ ,h � U l IVIVE SEP 2 5 2000 September 24, 2000 Dear Sirs, I have lived at 3045 Wingate Lane for eighteen years and have been an active participant in most of the hearings that were held concerning Packard Estates I and II. I am now concerned that the developers be held to the agreed upon terms of those hearings. These terms include no breeching of the privacy of Wingate Lane, the fencing along our lane easement and the necessary work to the irrigation system to guarantee the farmers full access to their water rights and a way to clean out the piping to their properties. 1 understand that final approval for the property that touches Wingate is in the works, and therefore I urge a review of the hearings to see what was proposed at that time that the developers should now be held to comply with. Sincerely, Billie Jo Premoe 3045 Wingate Lane Meridian, ID in T C J A .. „( r G .J c ..✓ C ,O o A .v..L L✓ v s -7- f - r . C[ o C�, C J T rCL ovT O [Ly Gl` /1.v-.= cA L4 of 0 C. - C! o .q ,v,.L E 12 4L r /� 0 7 C -r • ..r �= h e ..� iN ,T ti � 4�•t �' �' o� s .. 'Tl' //-- r . 'Z L C1 v •� m .aY' S `A I s � e ..iT L✓ r L L - e Q � t •yf 74 .G? / o .J L •1 �r� N a, 7-4 Al 49 L4 e .J,, Fle •x / Gi V �/�hr�,�7l.��J ry .,-�� I N�-� •.C�/ / I/J /� i ti D '� L a 0.5 MERIDIAN CITY COUNCIL MEETING: August 5 1997 APPLICANT: ITEM NUMBER; 1 REQUEST: Conditions for Packard Subdivision No. 2 Preliminary Plat AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. Meridian City Council August 5, 1997 Page 2 anyone is here waiting for that one only then I want to let you know about it. We will take it as we come down the line and the Council can make the recommendation for table at that point. ITEM #1: CONDITIONS FOR PACKARD SUBDIVISION NO. 2 PRELIMINARY PLAT.- Corrie: LAT: Corrie: Is there a representative from Packard Subdivision No. 2? Tealey: My name is Pat Tealey I am here representing the developer's of Packard Subdivision No. 2. We have read through the conditions that were supplied to us in a letter dated July 24, 1997. And have responded back to staff to address their comments and agree with all of the conditions placed on the plat. If there are any questions based on our letter back to them I would be glad to answer them. Corrie: Council, questions? Rountree: I have none, other than maybe for Gary. The response to the conditions set forth by Shari and Bruce for this subdivision have you reviewed those are they satisfactory? Smith: Yes they are. Bentley: I have a question for Mr. Smith, on item 15 on the site specific, I wasn't here for the discussion of that. Can you tell me we that refers about? Smith: I believe that was a comment that Shari Stiles brought up concerning the existing dwelling unit that was occupied by the owner of a portion of this property being platted by the name of Brown, there is an existing house on Brown property and it is my understanding from what Shari Stiles has said that there are two dwelling units on that lot. She has raised the issue of the right for those two dwelling units to be existing on that lot. That is all I know about it. Tealey: If I can maybe I could shed a little bit of light on it. The original owners the Brown's built the residence and then a shop. On the end of the shop they had living quarters for their daughter. It is essentially a one bedroom built onto the end of a shop out there. The shop is out there (inaudible). It was approved from what we have been told it was approved through the County before the City of Meridian annexed it. I believe Shari is just asking for some direction whether or not this is to make the Council aware that this is a non -conforming use on this lot. The lot itself I believe is over Y acre. It is this lot right here, you can see on your preliminary plat this is the residence and this is shop and then the north end of the shop there is a, they originally built the place for their daughter to live. It sits on an acre and a half and that is how big the lot will be when it is platted. Meridian City Council August 5, 1997 Page 3 Bentley: Do you have any plans to do anything with that at this time or is it going to remain Tealey: We don't own it. I think Shari was just bringing it up for your attention and whether or not there was any action that the Council wanted to take on maybe approving this non -conforming use or somehow enforcing the zoning code or City ordinance. Morrow. Follow up Mr. Mayor, did you ever own this particular lot? Was the action taken prior to your ownership? Tealey: Again I am just representing the owner and what I have been told by the owner this action took place, the split was taking place at the real estate closing. In other words we bought the remainder, the developer bought the remainder of the land and at that same closing the people that own it now bought that other portion, the acre and a half. Morrow So then the split was a one time split under the rules of Ada County because at that juncture the ground was not within the city limits of the City of Meridian is that correct? Tealey: That is correct but I believe that even the zone for the county at the was for a larger lot than an acre and a half. We are trying to legalize the lot now and making it a part of the plat so that it would conform to the zone that (inaudible). Bentley: So we have annexed that as part of this plat. Tealey: There is a letter from the owners in the packet that went to the City Attorney agreeing to the annexation and platting. Morrow. Mr. Mayor, I have a question for Gary, yesterday or the day before I gave you a copy of a letter that had been sent to you addressing some issues with respect to this preliminary plat in terms of Bruce's and Shari's issues. Where those issues addressed at that time or will they need to be addressed at the final plat stage? Smith: Mr. Mayor and Councilman Morrow I think that the fencing issue is addressed and perhaps the type of fencing has not been addressed. But the, let me back up, the type of fencing had been addressed as a six foot high non-combustible fence perimeter fence to be installed prior to applying for building permits. Except where the City has expressly agreed in writing that such fencing is not required. It is my understanding from the copy of the letters that I saw that the property owners in Carol Subdivision were requesting a screening fence. The comment in our item 14 under site specific is it referring to a 6 foot non-combustible fence. A development agreement is required on this. I believe that the ditch along the East boundary of this subdivision is used by other than Carol Subdivision lot owners, I can't say that for certain but the ditch would be Meridian City Council August 5, 1997 Page 4 piped. Unless there are open ditches on Carol Subdivision that would need to be burned the fence would not need to be non-combustible for that reason. Not having been out to the site Councilman I can't tell you for sure what exists there. Morrow: In any event I guess my point there is that if there is discrepancy between what the plat says, between what the conditions of approval say by the time that we get to the final plat approval those things will have been resolved. I understand that the plat does call out for some cedar fencing. I want to make sure that the non-combustible areas and the screen fencing are in fact compatible or at least we would make sure that we solve that issue with some consistency based on (inaudible) at the final plat time. Smith: If you are going to approve, I guess if the fence plan is approved as has been presented tonight where they show chain link fence along part of it and cedar fence along part of the perimeter is that what you want to hold the applicant to that requirement? Morrow. I guess my answer to that would be is I want to make sure it is doable I don't want to see us approving cedar fence along a ditch that is on the western boundary of Carol the Eastern boundary of Packard only to find out that it is a situation where the ditch is maintained by burning it so that we burn up the fence. I understand, I am sensitive to the fact that the homeowners of Carol Subdivision wish to have a fence that is screenable. Meaning the cedar fencing but I want to make sure that we don't create a conflict there that there is not a resolution to. Smith: So it would be a, then the decision would be make at staff level whatever the condition is in the field? Morrow. I think, it has to be at least from my perspective. It seems to me like that ought to be an issue that the staff can work out the developers and or their representative Mr. Tealey can work out so that everybody clearly understands what it is we are doing. Thank you Mr. Mayor. Corrie: Council, you have your conditions on the preliminary plat, what is your pleasure? Morrow. Mr. Mayor, I would move that we approve the conditions for Packard Subdivision No. 2 subject to staff and developer's representative resolving the fencing issues and the location of the types of fencing that are to be put up. Rountree: Second Corrie: Motion has been made by Mr. Morrow, second by Mr. Rountree to approve the conditions subject to staff and developer's representative resolving the fence issues, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea SU6JIVISION EVALUATIONS ,EET Proposed Development Name PACKARD SUB. NO. 2 City Meridian Date Reviewed 09/25/97 Preliminary Stage XXX _ Engineer/Developer Tealev Fnnr anis R. The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. "N. HICKORY WAY" "E. MEADOWGRASS STREET" "N. DEVLIN AVENUE" "N. DEVLIN WAY" "E. LOCHMEADOW STREET" "N. WINGATE AVENUE" ••nnvv." The above street name comments have been read and approved ng agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL oflthe 'signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, ENCY PRESENTATIVES OR DESIGNEES Ada C ounty Engineer John Priester Date Ada Planning Assoc. Ann Hurley Date City of Meridian Representative Date 1- ZS— S7 Fire District Meridian Representative Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index 3N 1E 5 Section NUMBERING OF LOTS AND BLOCKS TR\SUBS\SM_CITY.FRM OFFS 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 MEMORANDUM: "IN HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor To: Mayor and Council From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, P&Z Administrator o COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman GREG OSLUND MALCOLM MACCOY KEITH BORUP RON MANNING July 24, 1997 Re: PRELIMINARY PLAT FOR PACKARD SUB. NO. 2 BY PNE/EDMONDS CONSTRUCTION — Comment Compilation We have reviewed the July 15, 1997 submittal and offer the following compilation of current comments as well as relevant previous comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped are to be shown on the Preliminary Plat. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the street development plans. 4. Submit copy of proposed restrictive covenants and/or deed restrictions for review by the City Attorney's Office. 5. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 6. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Packard No2 compUation.doc Mayor and City Council July 24, 1997 Page 2 7. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any necessary corrections to the Preliminary Plat map prior to resubmittal to the City. 8. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 9. Indicate any existing FEMA Flood Plain Boundaries on the Preliminary Plat Map, and/or any plans to reduce said boundaries. 10. Submit a master street drainage plan, including the method of disposal. Prior to development plan approval, written confirmation of approval will be required from any affected irrigation/drainage district. 11. Please respond in writing, to each of the comments contained in this memorandum, both general and site specific, and submit with copies of the revised Preliminary Plat Map to the City Clerks Office by 12:00 P.M. on Friday, August 1, 1997. SITE SPECIFIC COMMENTS 1. Applicant will be responsible to construct the sewer mains to and through this proposed development. The subdivision designer is to coordinate main sizing and routing with the Meridian Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. Sewer easements will need to be dedicated with the development of Phase 1 of Packard Subdivision No. 1 to access the lift station, with gravel accesses built in accordance with City standards. 2. Water service to this site could be via mains installed in N. Hickory Way as part of Packard Subdivision No. 1. Applicant will be responsible to construct the water mains to and through this proposed development. The subdivision designer to coordinate the main sizing and routing with the Meridian Public Works Department 3. 100 -watt high pressure sodium street lights will be required at locations designated by the Meridian Public Works Department. All street lights shall be installed, at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 4. Lot 17, Block 2 doesn't meet the minimum 80 foot frontage required in an R-4 zone. Lot 2, Block 6 doesn't meet the minimum 80 foot frontage, or the minimum lot area of 8,000 square feet, unless the additional 10 feet of frontage can be gained by the granting of an encroachment by the Nampa & Meridian Irrigation District. Lot 16, Block 10 shall have a limitation on house orientation towards E. Challis Street because the N. Lapis Avenue frontage is less than the minimum required 80 foot frontage. Packard No2 compilation.doc Mayor and City Council July 24, 1997 Page 3 5. The Preliminary Plat map needs to be stamped, signed, and dated by the Land Surveyor. 6. Provide statements of dedications to the public and/or easements, together with a statement of location, dimension and purpose of such. 7. Include layout of the pressurized irrigation system, including pumping facilities, on the Preliminary plat map or irrigation plan. Any proposal for a supplementary connection from the City's water system to the required pressurized irrigation system will need to be reviewed closely due to the size of the area to be watered. Applicant shall provide a statement as to the ownership of, and operation and maintenance, of the pressurized irrigation system. The developer shall be responsible for payment of assessment fees and meter costs associated with a single point connection. 8. The width of the pavement around the islands in the "90° Knuckle" corners needs to be reviewed and approved by the Meridian Fire Dept. and Meridian School Dist. Applicant shall submit written confirmation of approvals. 9. Would it be feasible to relocate the gravity irrigation pipe shown along the common boundary with Carol's Subdivision, (12" irrigation line "N'), to the front of the lots in Block 9? Are there any users of this irrigation line in Carol's Subdivision? By relocating this line, there would be open access to cleanout boxes along the pipeline. 10. Add note that the minimum house size is to be 1,600 square feet, exclusive of garages, as represented in public meetings. 11. A six -foot -high, permanent, non-combustible fence shall be installed on the northerly easement line of the Stokesberry Lateral. 12. The Applicant is to develop a pathway along the South Slough in accordance with the Ada County Pathway Plan and City requirements. Any relocation of the South Slough will negate its consideration as a "natural waterway" and will require tiling. 13. Submit detailed landscape plans for all common areas for review and approval. 14. Permanent, six -foot -high, non-combustible perimeter fencing is to be installed prior to applying for building permits except where the City has expressly agreed in writing that such fencing is not required. 15. Staff requests direction from Council for action needed, if any, on non -conforming use of Lot 7, Block 2 (two dwelling units on one lot, apparently approved through Ada County). Packard No2 compilation.doc Mayor and City Council July 24, 1997 Page 4 16. Construction of Phase 1 of Packard Subdivision No. 2 may commence only after Hickory Avenue adjacent to the southerly boundary has been constructed for access. 17. Construction equipment shall not use Wingate Lane for access, and shall not cross Wingate Lane except on a limited basis for necessary utility construction. 18. A development agreement is to be prepared by the Applicant for review by City staff and approval of Council prior to final plat approval. The development agreement shall be recorded prior to signature on the final plat of any phase. Packard No2 compilation.doc MERIDIAN CITY COUNCIL MEETING: July 15, 1997 APPLICANT: PNE/EDMONDS CONSTRUCTION ITEM NUMBER; 1 REQUEST: PRELIMINARY PLAT FOR PACKARD SUBDIVISION NO. 2 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Meridian City Council July 15, 1997 Page 2 ITEM #1: TABLED JULY 1, 1997: REQUEST FOR A PRELIMINARY PLAT FOR PACKARD SUBDIVISION NO. 2 BY PNE/EDMONDS CONSTRUCTION: Corrie: Is there a representative from Packard Subdivision here this evening. If you would like to kind of give us a little background here. Tealey: I am Pat Tealey, representing the developer Sigmont and Edmonds for Packard Subdivision No. 2. 1 thought I would start with just a little chronology of what has happened in the past month so everybody can understand what we have been going through and what we have been trying to do to solve the problems. On May 27th we had written a letter to Shari concerning the original comments about the subdivision that were part of her original 16 comments. This was her letter in November 13, 1995. We had originally commented but somehow the letter was misplaced by either us or the staff. We indicated in that letter rather than discuss who did what it was best just to make the comments and get over that hump. We then had a meeting on Tuesday June 3rd for City Council. The discussion was deferred because comments, staff believed that the comments had not been answered. The meeting was deferred to June 17th. On June 17th the staff called I the afternoon and said most likely the meeting would be cancelled because there was a problem with the annexation, the wrong description had been used to advertise the annexation in the paper. The annexation was we had requested was for 35 acres somehow a description was used that comprises only a half acre of that 35 acre parcel. We then faxed over a copy of the annexation description to Mr. Crookston the City Attorney and I believe that has been readvertised. That description again was originally written in 1995 as part of our annexation package. We met, that night we did meet with the Council and the Council directed the staff to set up a meeting between us and the staff and the neighbors requested that they could attend. At that time the Council indicated that the neighbors could be there to observe not to participate. We called on Wednesday, Thursday and Friday of that week and on Friday, late Friday the staff called and scheduled the meeting for June 26 only givin� us essentially 3 days to make comments after that meeting. At that meeting on the 26t we went over our letter, we were sitting at that table right over there. We had the preliminary plat out, I redlined all the concerns that staff had. We went through every comment, one by one specifically. I took down any concerns that were noted by staff and went back to the office to then fix up the drawing to address those. It should be noted I think in the comment, the comments from the City of Meridian by staff the 17th article in that original letter is applicant is to address all comments in writing and submit to the City Clerk. We have addressed those comments in writing, there was never any mention in the fact that we should modify our preliminary plat. I think that has been a sticky point between us and interpretation. Hopefully we solved it at that May 27th meeting. We came out of there with 5 concerns according to the notes that I kept at that meeting. We wanted some details of the fences, where they were and what they were. In other words non-combustible fences as opposed to 6 foot cedar fences and how they would relate to the surrounding land uses. The non-combustible chain link fences against rural uses and the cedar fences against residential uses. That was supplied in the fence detail plan that was submitted that next Monday. There was then talk about a Meridian City Council July 15, 1997 Page 3 turn around in phase one, this wasn't part of the original 17 items, 16 items. However we agreed that this was needed and it shows up on the plat, the preliminary plat of revised preliminary plat of Packard No. 2. There was some concern about the lot configuration in Block 6, the property that is adjacent to the Sharp's and the Reichert's. We went back and looked over, there is a question about whether or not we could count the square footage of the Stokesbury Lateral in the calculation of the lot areas. Meridian City code indicates that minimum lot size shall be determined exclusive of land that is used for streets, highways, alleys, roads, right of way, irrigation easement unless the water is conveyed through pipe or tile. We indicated that we were piping this and felt that we could then use that square footage in the inclusion of the calculation of the square footage of the lot. This later proved evidently that foot note I the City code is not, we can't use it. The staff has made an interpretation I believe on two prior subdivisions that for some reason they won't allow that square footage to be calculated even if it is piped. We wanted to have some contact and discussion with the City Council on that item and as a result we didn't agree with what the staff wrote in the comments. The fourth item that was of concern at that meeting were Gary Smith the City Engineer wanted us to provide sewer profile. Well that was also not part of the original letter of the staff. We agreed to do this, it was a short time period to provide this but Gary agreed to work with us and review those things on Tuesday the day before the meeting. As I stated before we got the corrected legal description to the City Attorney for the annexation. We have no idea where the '/2 acre subdivision came from or excuse me '/2 acre description came from for that annexation. It wasn't checked by the City of Meridian and when they did do it the day before the meeting they found out that it was wrong and we have gone and corrected that. Then at our Tuesday July 1St meeting we were ready to deliver the sewer profiles to Gary Smith at noon and I got a call from staff at 1:30 that said Gary Smith was sick for the day and that he would not be able to review the sewer profiles and the meeting would have to be cancelled. I called, that was called into my office. I then called Shari to confirm this and asked if Gary was the only one that could review it and we agreed that in fact that he had requested them and was probably the only one that could review it. So the meeting that night was cancelled. We then waited for the July 15th meeting however on July 8th after not hearing anything from staff again I wrote a letter and asked for a response. The letter essentially said that we had our meeting, we have gone over these items, we understand that we have addressed. If you have any more comments or discussion on this please let us know. On Friday at 5:10 after working hours we received a fax from City staff indicating there were in fact 16 conditions that they were concerned about. We have been scrambling since then essentially addressing it since Monday trying to address these 16 items. They are different from the original 16 conditions. They are legitimate concerns and we feel that we should address them. We addressed them in writing as requested at the bottom of the letter that the applicant needs to give a written response to these comments prior to approval of the preliminary plat. We did provide that in writing to the staff. Again we have modified some of the preliminary plat to take care of some of the new concerns that have arisen. As I understand it this property is annexed and zoned. There is a subdivision that will take place on this property. Whether it be this one or some other one that somebody else might come in with. I think Meridian City Councii July 15, 1997 Page 4 we are down to the nitty gritty, there are very few things that are left on this. We are willing to work with both staff and the surrounding neighbors to make this a good subdivision for anybody and I believe it is a good subdivision. We have addressed all of the concerns I believe of staff. There may be some differences between us as far as interpretation again they asked for it in writing and I gave it in writing. There have been some modifications to the preliminary plat which were asked for as part of that meeting that we had. But I believe we are real close to having this thing done. Essentially every two weeks that this is postponed or deferred it cost our client quite a bit of money. It wouldn't be bad if it were just two weeks, essentially this has been a period of over two years. We would like to tonight call an end to discussion on this and make a decision one way or the other and move on. As I stated we are very close on this, the items that are of discussion are very minor. I believe that we can come to an agreement tonight. How would you like me to proceed? Morrow: I guess from my perspective Mr. Tealey obviously if you have a new set of requirements that were faxed to you at 5:10 or whatever Friday evening and we just now within the last 30 to 45 minutes have the response would you please review your responses from your letter dated as of today the 15 or 16 responses verbally to bring us back up to speed here? Tealey: What I will do is I will read the staff comment and then I will read my answer if there is any discussion I assume it will take place at that time. Item #1 of the July 11th letter is that "the Stokesbury Lateral easement needs to be designated as a separate lot even though tiled. Downstream water users need to have ready access to weir structures at all times and cannot expect to enter back yards of people to get their irrigation water. As Nampa Meridian Irrigation District also uses the adjacent access road on a daily basis it is not appropriate to enclose the access road along rear lot lines." My response is, "the Stokesbury lateral will be designated as a separate lot. We are piping the lateral and as such its easement area should qualify for square footage requirements. We will provide access for downstream water users and of course will not impair Nampa Meridian Irrigation District's access to their ditch. If the City of Meridian will not use the easement for lot areas the lots will still satisfy frontage and area requirements. We will obtain a letter from Nampa Meridian Irrigation District for lot encroachment." What this refers to is a discussion that we had today after learning that could be a solution to it yesterday was a discussion with Bill Henson of Nampa Meridian Irrigation District. He had promised us a letter for tonight's meeting but it has not arrived. I would assume that we could somehow condition the plat that if we can't get that letter we have to wipe out a lot. I am confident we can get it, he promised it to us. This would only concern lot 1 of block 6 which is the problem area in front of the Sharp's and Reichert's, all the other lots will qualify. This is the Stokesbury lateral easement here it is down as a 40 foot strip, we have designated it as lot 1 and then renumbered all of the other lots. The lot in question is this one down here this lot 2, as of right now it has 70 feet of frontage and 7,000 square feet. However according to staff both Shari and Bruce if we can obtain this letter for the 10 foot they call it an encroachment letter we can satisfy the frontage requirement and the area requirement. The second item Meridian City Counci, July 15, 1997 Page 5 from staff, "The full easement for Stokesbury Lateral has never been depicted on the plat. Lot 1, block 6 will not meet minimum square footage requirement exclusive of this easement." Our response to it was Lot 1, block 6 will meet the square footage requirements per City of Meridian code 2-410 A footnote 8 which is the one that says you can, you have to exclude those easements unless you pipe them. That is what I was relying on, however, given the fact that we can get this letter from Nampa Meridian we don't need to rely upon that part of the code. The third item, "what accommodations will be made for downstream water users to access clean outs of the ditch?" My answer, "downstream water users will have direct access or specific easements for access to all clean outs. This arrangement has been standard practice in other subdivisions such as Dove Meadows and Packard No. 1. Once the ditch is piped the need for access to the system will be greatly reduced. See the irrigation plans for easements and access." On our irrigation plan we have noted that we have ten foot easements for the irrigation system and there was one irrigation box to Mr. Alleman that was over in the middle of these lots here on the Dixie Roberts Property. We thought that we could always, he could work on an agreement with Dixie Roberts to walk back there if there ever was a problem. None of these boxes are to divert or control water, they are maintenance boxes. In other words it is nothing that you will have to go to on a daily basis to divert water to his property. We will however move this box back as far as we could and then provide a ten foot easement here. We will fence it off for him so he can get out on Wingate Lane out of his truck walk down that ten foot easement to get to this box if he so desires. All the other boxes are accessible either street frontage or Wingate Lane's frontage. The fourth item and is one that may prove to be a sticking how this is going to come out. "Property owners to the west of Wingate Lane have furnished a 15 foot wide easement for the private roadway. Meridian Fire Department needs a minimum access with 20 feet. Properties to the east of Wingate Lane should provide an additional 5 feet for the road right of way." My answer was, "we do not feel that we need to dedicate the additional five feet. We have been denied any access or use of Wingate Lane and feel we do not need to solve their problem." In other words there is a 15 foot strip for Wingate Lane that comes all the way from Ustick Road to a '/ mile south to the center of the section. No matter what happens in our subdivision even if we were to give them that additional five feet which we don't feel we have to there would still be a 15 foot strip for over'/ of that road. Wingate Lane starts here at Ustick, it is 15 feet down to here, it is 15 feet all the way down here to the center of the section. There has been 15 feet dedicated by us as part, we own the land that underlies this 15 foot easement and then this 15 foot has been dedicated out of the Reichert and Sharp Parcel. They need the 20 feet to be able to have emergency access down to the Sharp and Reichert Parcel. We have provided a road stub out to the Reichert Parcel so that feel that is their problem to solve. We have been told repeatedly that we actually they can get there by pavement much faster then coming down this'/ mile. We will not touch Wingate Lane, we have been denied access or any use of it even though we own the land underneath it. I just don't feel that this is an issue that needs to be solved by the developer. Item #4, "the line shown for fence construction coincide exactly with the proposed irrigation plan, fences may not be constructed on top of irrigation lines." I thought that was a very simply explanation, I would assume that the first time we go to Meridian City Counci, July 15, 1997 Page 6 drive a post through a pipe we will realize that hey you can't build a fence there. We will not build the fences on top of the irrigation lines. Number 6, "it has been brought to our attention that the subdivision boundary as described in the legal description submitted for annexation does not appear to follow the established and monumented boundary along the south slough. It was our understanding that this line was established and monumented when the original parcel was split and that the monuments are still existing. Please explain the reason for not recognizing and using the existing monumentation." I believe Mr. Alleman came in and made a comparison between his legal description and the one we supplied for annexation and saw a difference. That was the reason for this item. My response was that the property was surveyed from a legal description supplied by Stuart Title Company and is similar to the adjoining parcel. The boundaries are identical according to the legal description, there is no conflict here whatsoever. I explained this to Bruce this afternoon. Seven, although the applicant's representative stated that there are two accesses to this site only one presently exists. There is no access from Hickory Avenue at this time as only the first phase of Packard Subdivision No. 1 has received final plat approval. Construction equipment for phase on Packard Subdivision No. 2 cannot have primary access across Wingate Lane. My response was that, "the access to Packard No. 2 will be provided for by Hickory Lane as part of Phase 2 of Packard No. 1. Right now we are constructing phase 1 of Packard No. 1 and phase 2 will bring the access road up to this first phase and that will be used for the access. Further state that the condition should read that the phase 1 of Packard No. 2 which is this phase right there will not be allowed until Hickory is constructed or built in conjunction with that first phase. Item #8, house orientation designation needs to be added to the plat on those lots that do not conform to the minimum frontage requirements. My comment there was "as requested in your prior letter item #8". On further review staff had requested and I may have misread the original letter that the lots she was interested in were lots 1, 3, 4 and 6, block 7, 1 missed the last part of it the etc. There were about 3 or 4 lots that needed to be corrected and (inaudible). They meet the frontage requirements and they area requirements. The 9th item, Lot 7, block 2 contains the non -conforming uses there is more than one building being used as a dwelling unit on the lot. This separate unit was not built by us it was built by the Brown's the former owners and as we understand and have been told by the Brown's that is was approved when it was in the County. It was built by the Brown's so a family member could stay there. What it is is a shop out in the back, I don't know if you have been out there with a living unit on the end of it. I also said refer to item 7 of a prior letter that I had written. Which essentially says that we don't own it, we didn't build it, if there is a conflict with the City ordinance I would assume that the City would take care of that situation. Item #10, the Borup property was illegally split by the developer with their full knowledge. The response to the Brown property will be "legalized" by this subdivision it will be known as Lot 14, block 9. 1 tem #11, "The City Attorney needs to further explore the legality of crossing Wingate Lane with public utilities and right of ways. The response is that "the crossing of Wingate lane should be left to discussion between the respective lawyers for the Wingate Lane uses and the developer. It seems that the Wingate Lane users are whining to the City to fight their battles. Wingate Lane users have an easement for ingress and egress and it is not an exclusive easement." In other words Meridian City Council July 15, 1997 Page 7 an exclusive easement would bind that piece of property to only one use and that is the one stated in the easement. This is not an exclusive easement. And as such does not preclude other uses which would not interfere with their rights. We have an opinion from our lawyer, I can submit it to you. Again, this has been the pressing question all along and I believe that if the adjacent owners wish to pursue this they should use the right venue and not use the City to create a conflict that would then preclude this subdivision. Number 12, "proposed phasing sewer easements will have to be dedicated and phased (inaudible) to access the lift station with gravel accesses built in accordance with City standards." I said "the access roads for the sewer will be built in accordance with City standards." This refers to the fact that this lift station down here that was in Packard No. 1 can be eliminated and moved to the northwest corner of this subdivision. That was the reason for the sewer profiles and us putting together a sewer plan through the subdivision. If we have to build this the City will require gravel roads be over the top of this for access and maintenance. This statement I have agreed to that. Number 13, "the lift station maintenance agreement and detailed conditions of approval need to be fully worked out prior to submittal of the final plat on any phase." This condition really doesn't concern this preliminary plat however I stated "if the lift station agreements are needed they will be worked out as part of the final plat application." I am saying as needed because we may well be able to connect that thing to gravity sewer and eliminate the need for the lift station. If things can be worked out with the adjacent land owner. Fourteen, "a turn around is needed on the east side of Wingate Lane on East Challis Street. A turn around will be provided and shown on the revised preliminary plat I believe if you look at the preliminary plat you can see the 50 foot radius on the original, I believe it was lot 10. It will be built in accordance to the Ada County Highway District specifications. Number 15 is fairly lengthy, but it is an important one. It will be the last one, "the applicant's representative indicates that adequate buffering has been provided where they believe full development potential of the adjacent properties has occurred." What I am referring to there is the adjacent development being Carol Subdivision and the 5 acre lots along Wingate. None of these lots along Wingate will be allowed to be subdivided any further because of the access problem with Wingate. Unless somehow this becomes a public road. Many of these lots on the east side of Wingate are built on illegal parcels. They will not be allowed to subdivide their land or rebuild on there the way I understand it. Unless this road situation is cured and that means a public road and we all know that will never happen as discussions have taken place. In the case of Dixie Roberts property as her only access is Wingate Lane further subdivision will not be possible and adequate buffering with transitional lots in accordance with the comprehensive plan as needed. Dixie Roberts property is this parcel right in here. We have provided buffering here with 14,000 (inaudible) 3 14,000 square foot lots, a 12,800 square foot lot, 11,000 and right over here in the adjacent corner we do have four 8,000 square foot lots which are the minimum lot size in the R-8 zone. We feel we have buffered her as requested. It also means that because the Sharp's have been vocal in their opposition to the project the applicant has intentionally provided the smallest lots adjacent to their property. I was a little upset at this when I first heard it. It seems to be fairly judgmental and certainly doesn't represent the facts. The applicant when he submitted this preliminary plat in 1995 had no conversations whatsoever with the Meridian City Counci, July 15, 1997 Page 8 Sharp's as a matter of fact I have a copy of the original subdivision has we had proposed it. At that time we had foolishly thought that we could use Wingate Lane as a public access and that is why we had the road in this place. And this was before we even knew who the Sharp's were, had not heard any testimony whatsoever and once we found out that Wingate Lane could not be used we switched the road over here and put some lots along their frontage and that was our and that is what is represented here on this application in 1995. This was before any public hearings, before we had a chance to talk to the Sharp's or anything. In my comment I say "it was never the intention to place smaller lots adjacent to the Sharp property to spite them. The plat was drawn and submitted prior to any testimony by the Sharp's. We resent this implication by the staff has absolutely no basis. The other part of the comment here is Lot 1, Block 6 cannot meet minimum square footage requirements and the fact that an additional 5 feet of road easement should be provided. Larger lots need to be incorporated at this location. The comprehensive plan does not differentiate between existing rural residential lots and existing rural residential lots that may someday be further developed. My response to the second part of this comment is that "we believe we have provided the transition from R-8 and R-8 is the surrounding subdivisions, Kearny Place No. 3, Chateau Meadows Estates East No. 8 and Chamberlain Estates Subdivision." You will notice that Kearny Place and Chateau Meadows are adjacent to the Sharp property, these have 7,000 to 7,500 square foot lots adjacent to them. No problem. Chamberlain Estates comes in adjacent to us which is a total agricultural use with an R- 8 zone no problem. As a matter of fact it is against the Alleman property over here in the corner, no problem. Yet when we try to do the same thing there is a problem. I then finish by saying, "I thank you for your attention to this matter, please call at your earliest convenience." Now I think we have addressed them. In my mind I have, if my discussion here tonight raises some questions I would be glad to answer them. I am sure staff has some comments and we would like to proceed from there. Morrow: Mr. Tealey I have a question with respect to item 15, if memory serves me correctly when we were dealing with Packard No. 1 in its initial presentation to us at the City there was some issues with a first concept by which we as a Council suggested that the buffering would create a transition from Carol Subdivision which are estates. We required the lots to be larger buffering them and that change was made. I think our sense of direction was that you were to transition from Carol Subdivision over to Chamberlain basin subdivision which was R-8 and make an orderly transition between the two. Does this plat that you propose today continue that same theme that does in Packard No. 1? Tealey: Yes I believe it does, we have, I will just quickly go over this. We have 95 lots on 35 acres, we are getting 2.7 lots per acre in this zone that allows 4 per acre. The minimum lot size is 8,000 square feet. We have 34 lots that are in the 8,000 to 9,000 square feet which represents approximately 35 percent of it. Fifteen lots in the 9,000 to 10,000 and 46 lots 10,000+ which represents nearly 505 of the project. I believe we provided that transition. Meridian City Counc July 15, 1997 Page 9 Morrow. A follow up question please with respect to those lots sizes and your CC&R's what are you doing in terms of square footage of those homes? Tealey: I haven't been part of that discussion I really don't know, you would probably have to ask the owner and developer. (Inaudible) Tealey: The developer has indicated that 1600 square foot minimums. Morrow: Thank you Corrie: Thank you Pat, questions from staff? Morrow: Yes, I would like to hear a response from staff in terms of the issues raised by Mr. Tealey. Corrie: Shari, do you want to start or Gary do you want to start? Stiles: Is there something specifically? Corrie: I guess I had one if I may Council, on this item #1, using the easement, is there a possibility that on those lots that they can fence that easement since it is part of their lot they can fence or it is put in the development that they wouldn't be able to put fences in that easement area? Stiles: Mr. Mayor and Council the City has permitted that to be included as part of lots when the Nampa Meridian Irrigation District does not have an easement existing there. If it is just like a user ditch where they do not have control of it is and it is included in the back of the lots. However since they do have an existing 40 foot easement there the City has required that be fenced outside the lots unless they can obtain an encroachment agreement with Nampa Meridian and that is what they have indicated (inaudible). Rountree: I just ask Shari or Gary are there any of the responses that are not addressing the issues that you brought up? Stiles: I guess the only item I still have a question on since I did receive a plan that showed the fencing and the irrigation the fencing was exactly on the property line as was all the irrigation piping shown. So I guess if the public works department is satisfied that they will meet the requirements for access as part of their review of the development plans that will be up to them to review. Morrow: Mr. Mayor, follow up question for Gary, Gary you were working in terms of where are we going with this either lift station or gravity flow. When we last met and last Meridian City Counci, July 15, 1997 Page 10 discussed this I believe 30 days ago you were working towards a potential solution that would allow the gravity flow to take place, is that still out there? Smith: I think the major stumbling block at this point is a request by Vern Alleman that his property not be annexed by the City without his approval. I haven't received any kind of confirmation that this is possible. He wants a letter from the City of Meridian so stating. Morrow. I think that my preliminary response to that would be is that this Council cannot make that kind of a deal binding future councils. As you well know from time to time for sake for fire and police issues we have enclave annexations that clean those things up and allow those two life safety departments to conduct their jobs as they are supposed to do it. I would not be willing as a councilman to put either citizens of that area or the fire and police department in a position where the City in a liability position by virtue of agreeing to something that doesn't make good sense from our standpoint as a City. Now the practical matter there is that until the ground was a legitimate enclave and as you well know, we are due for one of those clean ups now or overdue and will probably do so within the next few months. It is a substantial amount of time before that becomes a legitimate enclave that would be susceptible to a if you will a forced annexation. Smith: That is his requirements or one of this requirements to submit to an easement for crossing his property. Morrow That being the case let's move away from the gravity flow and because that is not likely to happen and go to the issue of the lift station. It seems to me if memory serves because we are going back some distance here that the maintenance of that lift station was to be done by the developer, the owners association. Do I have the right lift station in mind? Smith: That is correct. Morrow The changing of this based on our prior conversation was the reason for the profile and the sewer because we talked about we had some height issues and some fall issues that we were trying to get resolved, was that satisfactorily resolved with this profile? Smith: The profile that they submitted to me shows that it can gravity at the minimum grades from the interceptor from the lift station location back to Packard No. Subdivision. There were some modifications that were made in Packard No. 1 field changes to raise the grade of some sewers to allow it to gravity flow all the way through. So from the stand point of requiring the profiles I think we aborted a problem in the future by not being able to gravity Packard No. 1 to the interceptor. Secondarily the profile requirement although I have mandated that it me submitted and part of the preliminary plat submittal it has always been a requirement of a preliminary plat as far Meridian City Counc,, July 15, 1997 Page 11 as the ordinance is concerned. It is not a new ordinance requirement it is simply a requirement that I have required to be done because we have had some problems in some past subdivisions of sewers fitting the ground. Morrow: My question is that I don't disagree with your actions there and I don't disagree with the ordinance. Smith: That did prove to be a benefit it did prove that Packard No. 1 can gravity all the way to the interceptor on the south slough. Morrow: I think that is a wise decision, I think that probably in fairness to the applicant whether they were notified should have been maybe sooner or not that is a secondary issue in my mind. What is important here is that we now have confirmation that the system works and it works fine. We also have confirmation that if it is going to be the lift station which it appears it will be at this juncture that the development agreement is such that they maintain it until gravity becomes available. to hook on is that correct? Smith: That is correct, I have an agreement in my packet tonight for your consideration for this lift station maintenance agreement so that they can submit their plans onto DEQ for the extension of the gravity line through Packard no. 2. Morrow: And that is part of the Department Reports, your department reports? Smith: Yes Morrow. I have another follow up question with respect to the and where did the issue in terms of 15 and 20 feet come from. Apparently, it is my understanding by prior testimony this has been a lane since the early 1900's. So why do we see an issue here from the Fire Department that they want 20 feet as opposed to the 15 feet that exists for that time frame? Smith: I don't have an answer for that Councilman, I will let Shari Stiles: Councilman Morrow, Mayor and Council this issue came up when the fire Marshall and Fire Chief were reviewing the plat to check actually it was the fencing plan that was submitted because of the gates that were involved whether they would be adequate for their use. It has always been their requirement that if there was a roadway that it should have a minimum of 20 feet. The only problem would be if the Sharp's decided to fence on their side of their property on the easement line there would only be 15 feet there. Morrow. Does that no describe the rest of that lane though with the exception of this small parcel. If property owners on each side of the lane decided to fence the lane it would be 15 feet (End of Tape) property owners have that same option and choose to fence then it is a 15 foot lane. So my question is that how do we justify trying to take Meridian City Counc, July 15, 1997 Page 12 another 5 feet from the other side when they have already dedicated the 15 feet and from a practical standpoint you can't get there from here is my point. Stiles: That was just a comment that was brought up by the Fire Department. Morrow: Thank you Mr. Mayor, those would be my questions for now. Corrie: Any further discussion by the Council? Hearing none I will entertain a motion for preliminary for Packard Subdivision No. 2. Morrow. Mr. Mayor I think what I would like to do as a point of discussion with the rest of the Councilmen is to move to approve the preliminary plat for Packard Subdivision No. 2 and I don't want to have that motion talked about subject to staff conditions. At this juncture it seems to me that we are all over the board with the potential conditions. I think that what I would like to do is to maybe move to approve the preliminary plat for Packard Subdivision No. 2 and then see a clean up of exactly what the conditions are at this point and have the staff present at our next meeting or prior to our next meeting a write up of what the conditions of approval are. It seems to me that we have an original sixteen conditions of approval and now we have 16 more. Some of them are valid, some are not valid. So I think that what I would like to see here is a new menu of conditions of approval. Rountree: By new do you mean a new listing? Morrow: Well a joining of the two lists that we have and eliminate the stuff that has little or no relevance to this issue before us and get down to the heart of what really the conditions of approval ought to be. Those are the technical issues in terms of addressing how this plat is to be constructed. Rountree: I think that would be a good point to clarify that for everybody. Corrie: Before we get into discussion is this a motion? Morrow: No I am discussing my thoughts as to how we go. I don't want to be making a motion and stumbling all over the place. Corrie: Comments? Tolsma: I think Walt is right I think we need to get everything clarified, who is doing what. Morrow: That being the case I would move that we approve the preliminary plat for Packard Subdivision No. 2 by PNE/Edmonds Construction subject to a new listing of relevant conditions to the technical issues of this subdivision and that new listing of those issues to be presented to this Council at our August 5th meeting. Meridian City Counc. July 15, 1997 Page 13 Rountree: Second Corrie: Okay, Council you have heard the motion to approve the preliminary plat for Packard Subdivision No. 2 subject to the new conditions set forth and brought back to City Council at the meeting of August 5th, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REZONE OF 9.42 ACRES FROM R-4 TO R-8 BY LORIN SAUNDERS: Tolsma: Mr. Mayor I have to step down on this I have a conflict. Corrie: Mr. Tolsma is stepping down for a conflict of interest. Morrow. Mr. Rountree you thoughts since it is just the two of us? Rountree: I didn't have any specifics on the findings of fact. Morrow. I have no problem with them, I move to approve the findings of fact and conclusions of law as prepared for us by the City Attorney. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to approve the findings of fact and conclusions of law as adopted by the Council, any further discussion? Roll call vote ROLL CALL VOTE: Morrow — Yea, Bentley — Absent, Rountree — Yea, Tolsma- Abstain, Corrie — Yea MOTION CARRIED: All Yea Morrow. Mr. Mayor, the City Council here by recommends that the property set forth in the application be approved by the City Council for the zoning amendment requested under the conditions set forth in these findings of fact and conclusions of law including that the applicant or its successors, interests, assigns, heirs, executors or personal representatives enter into a development agreement. That the property only be developed as a planned unit development under the conditional use process. That if the applicant is not agreeable to these findings of fact and conclusions of law and it not agreeable with entering into a development agreement and developing the property only as a planned unit development under the conditional use permit process the application for the zoning amendment shall be denied. Project No.: 1408 August 1, 1997 TE. EY'S LAND 109 South 41" Strer'Boise, Idaho 83702 SURVEYING (208) ,85-0636 Fax (208) 385-0696 City of Meridian 33 East Idaho St. Meridian, Idaho 83642 Attn: Shari Stiles RE: PACKARD SUBDIVISION NO. 2 PRELIMINARY PLAT Dear Shari; In response to the City's letter dated July 24, 1997 we have the following comments: The response numbering is in relation to comment numbers of your letter: GENERAL COMMENTS: 1. Ditches will be piped per City Ordinance 11-9-605.m and as shown on the irrigation plan. 2. Existing wells and septic systems will be removed and replaced with City services. 3. Strata Engineering has been hired to provide seasonal high ground water information. 4. The developer will submit the covenants and restrictions for review. 5. The street section detail on the preliminary plat shows a 5 foot sidewalk as required by the city of Meridian. 6. No comment. 7. See attached letter. 8. We talked with the city of Meridian's water works superintendent, he indicated that final placement of fire hydrants will be done as part of final road plans. 9. There are no flood plain boundaries on this project. 10. See attached drainage plan. SITE SPECIFIC COMMENTS: 1. The applicant will construct sewer mains and services in accordance with the City of Meridian requirements. 2. The applicant will construct water mains and services in accordance with the City of Meridian requirements. 3. In accordance with the City of Meridian street lights requirements. 4. Lot 17, Block 2 has been adjusted to concern with the 80 foot frontage requirements. Lot 16, Block 10, has been adjusted to concern with the 80 foot frontage requirements. Lot 2, Block 6 will meet the minimum frontage and Lot area requirements by the granting of the encroachment permit from Nampa Meridian Irrigation District (see attached letter). 5. The preliminary plat is signed and stamped. 6. The final plat will dedicate the required easements. 7. See irrigation plan previously submitted. 8. Meridian Fire Department and school district have approved the pavement widths. Their letters will be sent directly to staff. 9. The applicant prefers not to have irrigation ditches in front yards. There boxes will very seldom if ever have to be accessed. They will be located on lot lines with appropriate easements. 10. See note on plat. 11. See fencing plan. 12. See note on preliminary plat. 13. Detailed landscape plans will be submitted as part of the final plat application. 14. The applicant will install fencing prior to applying for building permits in accordance with City of Meridian Requirements. 15. No comment. 16. No comment. 17. No comment. 18. The applicant will enter into a development agreement prior to signature of final plat. Thank you for your attention to this matter. Please call at your earliest convenience if you should have any questions. 7atric ectfully, k AIWy Tealey's Land Surveying P.L.S. No. 4347 SUBDIVISION EVALUATION SHEET Proposed Development Name PACKARD SUB NO 2 City MERIDIAN Date Reviewed 5/04/95 Preliminary Stage XXXXX Final Engineer/Developer _Tealey's Land Surveying / PNE & Edmonds Contruction The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall appear on the plat as: "N HICKORY WAY" "E. MEADOWGRASS STREET" "N DEVLIN AVENUE" "N DEVLIN WAY" "E. LOCHMEADOW STREET" "N. WINGATE AVENUE" The following new streets are in alignment with new streets in proposed subdivisions and therefore shall be named: "N. SIMERLY PLACE" lit: "E CHANTERELLE DRIVE" Af1ri. IX20 � � `'� T ) QgAri' Please choose 5 new street names and have them approved by the street name committee 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 COMMITTIK, AGENCY Ada County Engineer Ada Planning Assoc. City of Meridian Meridian Fire District John Priester Terri Raynor Representative Representative KSENTATIVES OR DESIGNEES _ Date r Date S Date�S i Date NOTE: A copy of this evaluation sheet must be presented to the Aha County Engineer at the time of signing the "final plat", otherwise the plat will not be signed 1111 Sub Index Street Index / 3N 1 E 05 Section NUMBERING OF LOTS AND BLOCKS bfi JLL 16 '97 12:16PM Nfr' ^DRIDIAN IRR. P.22 1603 PIS STREET SOUTH ice+, DAMO w1=4345 FAX # 2400-M-6= Dm Tom - Thrs Jea!2r k to follow up our telelzhmc corkmAim IS July 1997 The went an the Sok a7y Latmal is 40 few .20 fat fr= the a ta^ each w&y. We 90 4VDw & 10 k' enaoarhm ent upas 8ppro ' plaQs imd a sy&edhb se aga=aat If ynu ba w anyfr nfia- q ue-sCions, plaiw fwl fry to contsct Me S�c�ly, BW Hmzw, Asst. Waw Supa•'irrttEdent NAMPA & MERIDIAA" IRRIGA77ONDISTRICT CC., File Fa,wd to 343-484 APFi =40TF IRRC-41 E ACRES RfYER KOW ROWS - 23.= 1= Maw bc*m • 40,000 Kmcm; Aroa Co& 2^% .hrly iS, 1957 OFFICE � 466-7961 88d SHOP: Nm -,c 4666-0653 Ted Stm=t Boise 345-2431 Pic Herrwry Ela:=, Irrc 410,5 Cmhard , ID 837025 Dm Tom - Thrs Jea!2r k to follow up our telelzhmc corkmAim IS July 1997 The went an the Sok a7y Latmal is 40 few .20 fat fr= the a ta^ each w&y. We 90 4VDw & 10 k' enaoarhm ent upas 8ppro ' plaQs imd a sy&edhb se aga=aat If ynu ba w anyfr nfia- q ue-sCions, plaiw fwl fry to contsct Me S�c�ly, BW Hmzw, Asst. Waw Supa•'irrttEdent NAMPA & MERIDIAA" IRRIGA77ONDISTRICT CC., File Fa,wd to 343-484 APFi =40TF IRRC-41 E ACRES RfYER KOW ROWS - 23.= 1= Maw bc*m • 40,000 TP""' LEY'S LAND 109 South 4'" Stv ' Boise, Idaho 83702 SURVEYING (208) 3185-0636 Fax (208) 385-0696 TRANSMITTAL Date: August 1, 1997 To: Shari Stiles City of Meridian (x) For your action ( ) For your files Transmitted By: Pat Tealey Reference: Packard Sub No. 2 Project No.: 1408 Llaa.iva%.0 cum �igllt NULLA Vi unc ionowing pians: preliminary, irrigation, fence and storm exhibit and a response letter to your comments. Meridian City Co!!nc!i August 5 1997 Page 52 Morrow. My motion would be that we instruct the City Attorney to prepare findings of fact and conclusions of law for the variance for Haven Cove Subdivision No. 7 by Meridian Land Development Company. And we also table this issue to our meeting of August 19 so we can adopt the annexation ordinance. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to direct the City Attorney to draw up findings of fact and conclusions of law, also to table to the August 19 meeting, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #19: REQUEST FOR HOOK UP TO CITY SEWER FOR 3195 N. LINDER BY GARY AND MARGARET PALMER:. Corrie: We have the letter here this is a hook up request for a temporary living quarters for parents (inaudible). I guess they are not here at this time what is the Council's pleasure to do in this case? Rountree: I would just offer my opinion that I would be not particularly favorable for this application for this purpose, it doesn't appear that there is a hardship being presented to these folks. Without them being here to represent their case I don't know anymore than what is in the letter. I don't see any advantage to the City to act on this request at this point. Morrow: I guess my position would be is that give them an opportunity at the next meeting to make their point, to sell us on whether we want to do this or not. If I was going to do it on the merit of the letter my response would be no we don't need to do that. But also they need to be represented and make their case. So we could have our City Clerk notify them that they do in fact need to be present and make a presentation. I would move to table. Rountree: Second Corrie: Motion made to table item #19 until the August 19 meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #20: PACKARD SUBDIVISION — LIFT STATION MAINTENANCE AGREEMENT: Corrie: Gary do you want to address that one? Meridian City Council August 5, 1997 Page 53 Smith: Thank you Mr. Mayor and Council members, this lift station was patterned after the previously approved lift station maintenance agreement for the Whitestone Subdivision. I took the approved copy that Wayne had looked at for that subdivision and with one exception managed to get rid of Whitestone. Wayne re -reviewed this and had some other additions that he is requesting be made. It has been submitted to the developer's of Packard and they have signed it and sent it back. I don't know that the requested revisions from Wayne would present a problem for the Packard Developers but they have agreed to and signed the original submittal. Morrow: If I may ask a question Mr. Mayor, does that mean that the document that the development folk sign does not have the revisions that Mr. Crookston suggested? Smith: No it didn't because I took the previously reviewed and approved addition from Wayne and just changed the name of the subdivision and sent it out to them. Morrow: Are these suggestions of any great substance? Smith: I don't know it is a legal issue I guess and I am not, it doesn't affect the amount that they are requested to pay it is some concerns that Wayne had as far as how the transfer may take place between Packard and the homeowners association and if it doesn't that Packard is responsible for it. I kind of thought that it was already inferred in the body of the document but I would have to let Wayne discuss that. Crookston: Gary is correct, I think that there at a minimum needs to be a change in the agreement to remove the word Whitestone from the document because it is not a Whitestone agreement it is a Packard Agreement. And I think that there needs to be something in there that provides that if a homeowners association is not set up and established then Packard's development company will be the have the obligation to perform the agreement. Smith: May I ask a question, does that mean Wayne that we need to go back and revise the Whitestone Agreement then because it is the same, identical. Crookston: If they have not set up their homeowners association yet I think we should. Smith: Because that has been sent out for their signature. They were balking at signing it originally because of the amount and I revisited that and reduced that based upon development within the subdivision. Crookston: If they have set up their homeowners association I don't believe that there is any necessity to do that. But we don't know in this case, the case that we are dealing with now we have no idea whether or not that homeowners association will ever be set up. I imagine that it will be we don't know that. Meridian City Council August 5, 1997 Page 54 Morrow: Well if I may ask the question Mr. Mayor, wasn't the homeowners association in all subdivisions that we approved a requirement of the approval or de -annexation takes place, not only the association but dues paying homeowners associations? Crookston: I don't believe it is set forth that it will be de -annexed if that is not done. Rountree: Part of the final plat approval is approval of CC&R's and that is a requirement (inaudible) Crookston: I am not sure that is a requirement of the approval of the final plat. I don't think that it is. We generally get them at that time but I don't think it is a requirement, do you know Gary if we have to approve CC&R's or a homeowners association before the final plat is approved? Smith: It is typically required that the Council approve the CC&R's along with the final plat, now it doesn't always happen but it is typically required. Crookston: I agree that it is typically required but it is not a requirement of our ordinance that be done before the plat is approved as I remember it. Smith: I couldn't speak to that specifically I don't know. Concerning this agreement I don't think that the Packard developing people will have a problem with this addition. They haven't had a problem with, they didn't have a problem with the agreement as I submitted it to them for signature. So I don't think that is going to impact their signing this agreement with these additions. Morrow. Mr. Mayor, I guess if I could, two comments here. One is that I don't like add on stipulations, conditions after the fact. But in order to move this forward I guess what I would like to move in a motion would be that we approve the lift station maintenance agreement, authorize the Mayor to sign and the City Clerk to attest on the condition that the Packard Development folk sign the new corrected agreement and if there is any reluctance for them to sign it that they be able to come back before the City Council and plead their case and we take action based on that. Bentley: Second Corrie: Okay you heard the motion by Mr. Morrow, second by Mr. Bentley, is there any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #21: LATE COMERS AGREEMENT WITH STOR-MOR SYSTEMS INC. AND TREASURE VALLEY BAPTIST CHURCH: ** TX CONFIRMATI­ REPORT ** DATE TIME TO/FROM 11 07/24 16:42 208 385-0696 OFFICIALS 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 AS OF JUL 24 '9'r �:43 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC --S 01'20" 004 217 OK HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 88811433 - FAX (206) 88711813 Public Works/Building Depamuent (208) 887.2211 Motor VehicWDrivcrs License (208) 988.4443 ROBERT D. CORRIE MEMORANDUM: Mayo[ To: Mayor and Council From: Bruce Freckleton, Assistant to CityEer Shari ShStiles, P&Z Administrator SO I 1 ' MB RG WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY l a 7 GOb'MISSION JIM JOHNSON. Chalrman GREG OSLUND MALCOLM MACCOY KEITH BORUP RON MANNING July 24, 1997 Re: PRELIMINARY PLAT FOR PACKARD SUB. NO, 2 BY PNE/EDMONDS CONSTRUCTION — Comment Compilation We have reviewed the July 15, 1997 submittal and offer the following compilation of current comments as well as relevant previous comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL CQMIVIENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped are to be shown on the Preliminary Plat. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the street development plans. 4. Submit copy of proposed restrictive covenants and/or deed restrictions for review by the City Attorney's Office. 5. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 6. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Pecked Not ..Pd.cuo.Joc MAYOR Robert D. Come CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless March 15, 2000 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 - Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 Idaho Power Company 10790 W. Franklin Road Boise, ID 83709 322-2000 388-2402 *Dena 388-2021 fax 388-6924 388-6532 fax 322-2032 Re: Street Lights for Packard Estates Subdivision #2 LEGAL DEPARTMENT (208) 288-2499 - Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 - Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 - Fax 888-6854 The street lights have been installed by the developer in Packard Estates Subdivision #2. These are 100 watt high-pressure sodium lights on steel poles, owned by the City of Meridian with a maintenance agreement with Idaho Power. The four (4) street lights are located at.- t.Lot Lot5 Block 5 N. Hickory Way Lot 8 Block 8 N. Hickory Way Lot 11 Block 5 E. Nikki Court Lot 4 Block 8 E. Nikki Court Please use this letter as your authority to activate these street lights. See attached map for additional information. Sincerely William G. Berg, Jr. City Clerk Enclosures OFFI IA S 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 6 2' Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W- BOWERS, Fire Chief W.L. 'BILL' GORDON. Police Chief WAYNE G. CROOKSTON. JR., Attorney NUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE MEMORANDUM: Mayor To: Will Berg, City Clerk Bruce Freckleton, Assistant to City Engineer From: Harold Hudson, Electrical Inspector Re: STREET LIGHT ELECTRICAL INSPECTION Date 211& L Me WALT W, MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P 8 7 r'OMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH T4— s—\ F E 8 2 8 2000 1711TY 0-F I have inspected and approved the electrical wiring and associated components for lights in K.1i�� o Se -1 G� �� --_ Street can now proceed with the activation. Idaho Power Co. --lee-�� - ZA'� Harold Hudson, Electrical Inspector C:\0FF10E\WPWfIAGENERALXELECrNSp. MMO -10"d ve0:60 00-vz-qaA MERIDIAN 24 HOUR /Ns- p-=CF/ON LINE 887- 1 -155 Elec-Commercial Permit Permit Number: ELC2000-53 Applicant Alloway Electric Phone: 344/2507 Parcel Number: PARC2000-246 Address: PACKARD #2 Addition: Contractors Electrician Alloway Electric Address: 1420 Grove St BOISE, ID 83702 Fees and Receipts: Number FEE2000-4282 Other Fields: Value: Description: Fees Due / Credit Info: City of Meridian, Building Department 200 E Carlti Suite 100 Meridian ID 83642 PH 887-2211 / FAX 887-1297 Lot(s): Block: Page 1 of 1 Printed: 2/24/2000 Phone: 344/2507 FAX: Description Amount Electrical -Commercial $114.90 Total Fees:__ $114.90 4487 Install 4 ea 100 WATT H.P.S. streetlights — 5/5, 11/5, 4/8, 8/8 X U N N n n O N N O N N_. O Z O U W N nnn nav nn Nlvnn Ncvn r x U Z K N ^ o x U W m a O O N O p p 0 0 0 N O p N O p o d aeon om -nnn 0 0 0 o n n n n n n o n n n o n n zo ^ ^ ^ z 2 2 z r N Y Y Y y O D u D D U Z 0 u S O D 1 1 1 1 1 1 1 1 1 1 D I 1 1 1 I 1 1 I I I^ ^ U 3 3 2 Z2 Z ZI Z 3 3 Z 1 1 1 11 1 2 x x Y Y Y Y Y x x Y 2 2 2 Y x x 40'— N. R/W Stokesberry Lateral 27 install 3- 3" conduits; cable to be installed �wilh Packard Acres H1 4' 0' — S. R/W Stokesberry Lateral J 3 MAYOR HUB OF TREASURE U,4LLEY _N Robert D. Corrie A Good Place to Live LEGAL DEPARTMENT CITY COUNCIL MEMBERS CITY OF MERIDIAN ISI (208) 288-2499 • Fax 288-2501 PUBLIC WORKS Ron Anderson 33 EAST IDAHO ' 1 BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO(208) 887-2211 - Fax 887-1297 Tammy deWeerd (208) 888-4433 •Fax (208) 3 4813 200® PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218Sr_PDEPARTMENT ME ,�D1NA8) 884-5533 • Fax 888-6854 � ERK OFFICE TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: September 13, 2000 Transmittal Date: August 22, 2000 Hearing Date: September 19, 2000 File No.: FP 00-018 Request: Final Plat approval of 61 building lots and 3 other lots on 23.02 acres for proposed Packard Acres Subdivision No. 2 By: Packard Estates Development, LLC Location of Property or Project: South of Ustick Road between Locust Grove and Vintage Lane Sally Norton, P/Z ** Kent Brown, P/Z ** Thomas Barbeiro, P/Z ** Richard Hatcher, P/Z ** Keith Borup, P/Z ** Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (no C/C only) Building Department Fire Department Police Department City Attorney City Engineer City Planner Gen - 26 PP/FP/PFP - 24 AZ - 27 — no FP Meridian School District ** Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Bureau of Reclamation (FP/PP) Idaho Transportation Department ** Ada County (Annexation) '-_ CENTRAL DISTRICT 1HIALTH\� DEPARTMENT MAIN OFFICE - 707 N. ARMSTRONG PL. - BOISE, ID 83704-0825 • (208) 375-5211 • FAX 327-8500 o prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. 98-200 April 6, 1998 David Navarro Ada County Recorder 650 Main Street Boise, ID 83702 RE: Packard Subdivision #2. Dear Mr. Navarro: RFGErVED APR 0 8 1998 CITY OF MERIDIAN Central District Health Department, Environmental Health Division has reviewed and do approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given on April 3, 1998. No lot size may be reduced without prior approval of the health authority. If you have any questions please call. Sincerely, Michael H. Reno, E.H.S. Environmental Health Specialist CC: Tom Turco, Environmental Health Director Martin O. Jones, Environmental Health Supervisor Tom Schmalz, Sr. Environmental Health Specialist UD City of Meridian Ted Sigmont & Wirt Edmonds Tealey's Land Surveying Ada / Boise County Office 707 N. Armsrong 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 Serving Valley, Elmore, Boise, and Ada Counties Ada -WIC Satellite Office Elmore County Office 1606 Roberts 520 E. 8th Street N. Boise, ID 83705 Mountain Home, ID 83647 Ph. 334-3355 Enviro. Health: 587-9225 FAX: 334-33552P Family Health: 587-4407 WIC: 587-4409 ® FAX: 587-3521 Valley County Office 703 N. 1 st Street P.O. Box 1448 McCall, ID. 83638 Ph. 634-7194 FAX: 634-2174 Project No.: 1408 July 8, 1997 City of Meridian 33 East Idaho St. Meridian, Idaho 83642 Attn: Shari Stiles TE '--,_ E Y'S LAND 109 south 4w Stred 'Boise, Idaho 83702 S U R V EYING (208) 385-0636 Fax (208) 385-0696 RE: PACKARD SUBDIVISION NO. 2 PRELIMINARY PLAT Dear Shari; After our meeting of June 26th which was attended by yourself and Gary Smith we were directed to supply you with additional information as a result of discussions concerning your original comments of Nov. 13, 1995, and my letter of May 27, 1997. The information you requested was supplied to you prior to the scheduled July 1 st meeting. Unfortunately, as you indicated in our phone conversation, the July 1 st meeting on this issue had to be tabled, this time as a result of Gary Smith being sick. You said that you would notify the neighbors about the cancellation of the meeting, however, as I was advised, not only did the neighbors show up but also Gary Smith showed up. What happened? In order to ensure that the next scheduled meeting of July 15th proceeds as scheduled please advise me of any questions/comments that have not been answered or exhibits that are still needed. I look forward to finally having a meeting where we will have an answer one way or the other as to the fate of this subdivision. Thank you for your attention to this matter. Please call at your earliest convenience if you should have any questions. Also, in a related matter, what is the outcome of the time extensions for Packard No. 1. We have not received any correspondence on those items? Respectfully, Patrick A. Tealey Tealey's Land Surveying P.L.S. No. 4347 HECEP D 3.F /, J U L - 7 1997 �-zv � 1 -41 WY 4F MERIDIAN .--I 0 1 Project No.: 1408 July 15, 1997 City of Meridian 33 East Idaho St. Meridian, Idaho 83642 Attn: Shari Stiles TE "1.EY'S LAND 109 South 41i Stret'-.'Boise, Idaho 83702 SURVEYING (208) 385-0636 Fax (208) 385-0696 RE: PACKARD SUBDIVISION NO.2 PRELIMINARY PLAT Dear Shari; REcE'vED J U L 15 1997 CITY OF MERIDIAN In response to the City's letter dated July 11, 1997 we have the following comments: 1. We do not believe that the Stokesberry Lateral needs to be designated as a separate lot. We are piping the lateral and as such its easement area will qualify for square footage requirements. We will provide access for downstream water users and of course will not impair Nampa Meridian Irrigation Districts access to their ditch. 2. Lot 1, Block 6 will meet square footage requirements per Meridian City code 2-410A, Footnote 8. 3. Downstream water users will have direct access or specific easements for access to all cleanouts. This arrangement has been standard practice in other subdivisions such as Dove Meadows and Packard No. 1, once the ditch is piped the need for access to the system will be greatly reduced. 4. We do not feel that we need to dedicate the additional 5'. We have been denied any access or use of Wingate Lane and do not feel we need to solve their problem. 5. Fences will not be built on top of irrigation lines. 6. The property was surveyed from a legal description which was supplied by Stewart Title Company and, as I understand, it is similar to the adjoining Allman parcel. 7. Access to Packard No. 2 will be provided for by Hickory Lane as part of Phase 2 of Packard No. 1. The condition should read that Phase I of Packard No. 2 will not be allowed until Hickory Ave is constructed or built in conjunction with Phase 1 of Packard No. 2. 8. The arrows were added as requested in your prior letter (item No. 8). 9. The separate dwelling unit was not built by us. It was built by the Browns so that a family member could stay there. As we understand it was approved by Ada County - refer to item No. 7 of prior letter. 10. The Brown parcel will be "legalized" by this subdivision and will be known as Lot 14 Block 9. 11. The crossing of Wingate Lane should be left to discussions between respective lawyers for Wingate Lane users and the developer. It seems that the Wingate Lane users are wanting to use the City to fight their battles. The Wingate Lane users have an easement for ingress and egress and it is not an "exclusive easement" and as such does not preclude other uses which would not interfere with their rights. 12. Access roads for the sewer will be built in accordance with City Standards. 13. Lift station agreements, if needed, will be worked out as part of the final plat application. 14. A turnaround will be provided and is shown on the revised preliminary plat. 15. It was never the intention to place smaller lots adjacent to the Sharp property to spite them. The plat was drawn and submitted prior to any testimony by the Sharps. We resent this implication by staff as it has absolutely no basis. We believe that we have provided the transaction form R-8 to rural residential as ordinance requested. Both Kearney Place Subdivision No. 1 & 3, Chateau Meadows No. 8 and Chamberlain Estates Subdivision have done the same. Thank you for your attention to this matter. Please call at your earliest convenience if you should have any questions. R pectfully, t 14�1 Patrick A. Tealey Tealey's Land Surveying P.L.S. No. 4347 OFFICIALS 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. WOLFKI EL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 - FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor To: Mayor and Council From: Bruce Freckleton, Assistant to City En 'neer Shari Stiles, P&Z Administrator 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 July 11, 1997 Re: Preliminary Plat for Packard Subdivision No. 2 by PNE/Edmonds Construction We have reviewed this submittal and offer the following supplemental comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council.- The ouncil: The Stokesberry Lateral easement needs to be designated as a separate lot, even though tiled. Downstream water users need to have ready access to the weir structures at all times and cannot be expected to enter the back yards of people to get their irrigation water. As Nampa - Meridian Irrigation District also uses the adjacent access road on a daily basis, it is not appropriate to enclose the access road along rear lot lines. 2. The full easement for the Stokesberry Lateral has never been depicted on the plat. Lot 1, Block 6, will not meet the minimum square footage requirements exclusive of this easement. 3. What accommodations will be made for downstream water users to access the cleanouts of the ditches? 4. Property owners to the west of Wingate Lane have furnished a 15 -foot -wide easement for the private roadway. The Meridian Fire Department needs a minimum access width of 20'. Properties to the east of Wingate Lane should provide an additional five feet for the roadway easement. The lines shown for fence construction coincide exactly with the proposed irrigation plan. Fences may not be constructed on top of the irrigation line. 6. It has been brought to our attention that the subdivision boundary as described in the legal description submitted for annexation does not appear to follow the established and monumented boundary along the South Slough. It is our understanding that this line was established and monumented when the original parcel was split, and that the monuments are still existing in the field. Please explain the reason for not recognizing and using the existing monumentation. Mayor and City Council July 11, 1997 Page 2 7. Although the applicant's representative stated that there are two accesses to this site, only one presently exists. There is no access from Hickory Avenue at this time, as only the first phase of Packard Subdivision No. 1 has received final plat approval. Construction equipment for Phase 1 of Packard Subdivision No. 2 cannot have primary access across Wingate Lane. 8. House orientation designations need to be added to the plat on those lots that do not conform to the minimum frontage requirements. 9. Lot 7, Block 2, contains a non -conforming use as there is more than one building being used as a dwelling unit on the lot. 10. The Borup property was illegally split by the developer, with their full knowledge. 11. The City Attorney needs to further explore the legality of crossing Wingate Lane with public utilities and right-of-way. 12. With the proposed phasing, sewer easements will have to be dedicated in Phase 1 to access the lift station, with gravel accesses built in accordance with City standards. 13. The lift station maintenance agreement and detailed conditions of approval need to be fully worked out prior to submittal of a final plat on any phase. 14. A turnaround is needed on the east side of Wingate Lane on E. Challis Street. 15. Applicant's representative indicates that adequate buffering has been provided where they "believe the full development potential of the adjacent properties has occurred." In the case of Dixie Roberts' property, as her only access is Dixie Lane, further subdividing will not be possible and adequate buffering with transitional lots, in accordance with the Comprehensive Plan, is needed. It also seems that, because the Sharps have been vocal in their opposition to the project, the Applicant has intentionally provided the smallest of lots adjacent to their property. As Lot 1, Block 6, cannot meet minimum square footage requirements, and the fact that an additional five feet of roadway easement for Wingate Lane should be provided, larger lots need to be incorporated at this location. The Comprehensive Plan does not differentiate between existing rural residential lots and existing rural residential lots that may someday be further developed. 16. Applicant needs to give a written response to these comments prior to approval of a preliminary plat. Project No.: 1408 July 15, 1997 r TL .LEY'S LAND SURVEYING City of Meridian 33 East Idaho St. Meridian, Idaho 83642 Attn: Shari Stiles 109 South 41" Stre. _ Boise, Idaho 83702 (208) 385-0636 Fax (208) 385-0696 RE: PACKARD SUBDIVISION NO. 2 PRELIMINARY PLAT Dear Shari; RECEIVED J U E. 15 1997 CITY OF MERIDIAN In response to the City's letter dated July 11, 1997 we have the following comments: The Stokesberry Lateral will be designated as a separate lot. We are piping the lateral and as such its easement area should qualify for square footage requirements. We will provide access for downstream water users and of course will not impair Nampa Meridian Irrigation Districts access to their ditch. If the City of Meridian will not use the easement for lot areas, the lots will still satisfy frontage and area requirements. We will obtain a letter from Nampa Meridian Irrigation District for lot encroachment. 2. Lot 1, Block 6 will meet square footage requirements per Meridian City code 2-410A, Footnote 8. 3. Downstream water users will have direct access or specific easements for access to all cleanouts. This arrangement has been standard practice in other subdivisions such as Dove Meadows and Packard No. 1, once the ditch is piped the need for access to the system will be greatly reduced. See irrigation plan for easements and access. 4. We do not feel that we need to dedicate the additional 5'. We have been denied any access or use of Wingate Lane and do not feel we need to solve their problem. 5. Fences will not be built on top of irrigation lines. 6. The property was surveyed from a legal description which was supplied by Stewart Title Company and, as I understand, it is similar to the adjoining Allman parcel. The boundaries are identical according to legal description. 7. Access to Packard No. 2 will be provided for by Hickory Lane as part of Phase 2 of Packard No. 1. The condition should read that Phase 1 of Packard No. 2 will not be allowed until Hickory Ave is constructed or built in conjunction with Phase 1 of Packard No. 2. 8. The arrows were added as requested in your prior letter (item No. 8). 9. The separate dwelling unit was not built by us. It was built by the Browns so that a family member could stay there. As we understand it was approved by Ada County - refer to item No. 7 of prior letter. 10. The Brown parcel will be "legalized" by this subdivision and will be known as Lot 14 Block 9. 11. The crossing of Wingate Lane should be left to discussions between respective lawyers for Wingate Lane users and the developer. It seems that the Wingate Lane users are wanting to use the City to fight their battles. The Wingate Lane users have an easement for ingress and egress and it is not an "exclusive easement" and as such does not preclude other uses which would not interfere with their rights. 12. Access roads for the sewer will be built in accordance with City Standards. 13. Lift station agreements, if needed, will be worked out as part of the final plat application. 14. A turnaround will be provided and is shown on the revised preliminary plat. 15. It was never the intention to place smaller lots adjacent to the Sharp property to spite them. The plat was drawn and submitted prior to any testimony by the Sharps. We resent this implication by staff as it has absolutely no basis. We believe that we have provided the transaction form R-8 to rural residential as ordinance requested. Both Kearney Place Subdivision No. 1 & 3, Chateau Meadows No. 8 and Chamberlain Estates Subdivision have done the same. Thank you for your attention to this matter. Please call at your earliest convenience if you should have any questions. Respectfully, )IA lu Patrick A. Tealey Tealey's Land Surveying P.L.S. No. 4347 GENE YOUNGBERG 2083438598 P.02 Beginning at the North qu&ctsr oorpm• of the NorUlvestgjazt=of SautIm 5 TOWMhiP 3 North, Range 1 East, Bpiss Maridien, Ada County, Id o; therjoB Weut 335 feet to a Point: thence South 876.63 feet to a podnt: theme West 25 feet to a paint, the REAL POW OF P GDRWG,- theme, South 468.37 feet to a post; thews East 310 feet to a paint: thence South 660 feet to the SouH"St a=ier of the Nnrtheaft q mrbar of the Southeast quarter of the Mrameat qui; tune East 50 feet to a paints ti> South 660 feet to a Point: nonce West 25 meet to the EM CIF EASM4W. qmrter of w • West 25 feet to a point; therx�e of the m South 275 feet, more cw lam, to the Southeast corner of the N=dvest quartp of the jioffjft#est quarter. tlleMe _r op South 660 feert to ths Southeast conwr of the NortjxmM qtlarber of the SbuthGaSt quarber of the Norduvest quarter; thence East 50 feet to a point;■ - •Weet 25 feet to thS EM CF EASMEm - i innT n mann ^ . rr►rr xnlr►rrnrnr, � J U L 1 5 1997 ;Cyrsthlx AlebFiCh et al raese.k.a.sss.rsrerse.•• ,¢ C OF ERWIAN Private toad ae�amrit. rhia A `.rr1t :►is bay wdo b,r *qct tti+•vre*n the psrtiae hereto as fol]owe• to•4;,tt; I Whoreas aro syr:hta Aldorlah 10 ?red A AMP 114*11F.L.Yost, C.F:.Vhn Auker, L.A.W,dsjn, n.A, r?tr►hla, be'a� 4tRlrra of•':a .*Vesal treats of la•�� sonstitutln+ arv! boriaring ori t'r.• Oast Iirsl Co. t:ts 1"t h0r sr tete xoelk xoat quartar of Sections ?owwhtp 3 i-ortih or t2ae� 1 rar1: or Sot+M elerid:any a rx! o : dessrbaa� o; cps Hitt; ArW ■alma! nin j o pr tV.r.a ra .+ alot•� the a&14 i:YA bej-.lnn:L%. the publicFis►•aay !o:vin;: t:sa north lues of *aid A6otlOD SS, &:V rUnn$Zj ?Oils t ILICU tae 9"d "%t line of tyle raid Rj of tns ws-4 or aAul i Seo. 5 b+.S-rz t�;a h►3! seattor. 11.no, to Lia ticruth sat oosrxr of thA said M � of ,.aid r + 3oetloa Zj tho t•44 road to to 25 !e04 is +*idth. New t2;ere'Ore we thv ardorAlerlad r:a hornby &Crw %a and with e84':00er and bind oera•)Ivoa arA our Nucaoarors as ow, " or r• i noveral treats atu6tinU on the 3"oi half rootion lino, t>b*t wo will. apvn arra r 'giatn a prtr►'.� rout 351h:ragL :A r:Tth, t}* h& 2f seat 101A Uro *0ret ltutind the sant .;'ho or SQA acid Mfad, that thA maid road :wall b* tor4rt" ups or all o: the 4''the .at(i tr••:tr ►tl.th oqukl rlyhtA'ss Lo the U96 or thO sem, in ftifrP rherOOf rte Maty rarllritD t9t our ha Me an -t err im(I our mov Is t his 12t h &Y of Jun$, 1913 ., Harry. L.Yost Post It" bra fax transmittal memo of Pages 0. a From Go. Dept. Phan* r F"#QV x f •�J %nix tis. Al-41liah tv r'"4 Adwxs. H.•J.Itah la L. A.-*Avi RQr'. - gub�arl reef in t;t• preearoa and sworn to botoro as by C.K.Van Aetker thloi 13th dry of Jure 1913., Ldwivri St,4in4 HD t ary i'u bli , . 3ubsoritod is r_ P!•asero a arri owern to betnrs ao by Wry aL.YostI bred tdaas r H,d. Mahla aAd L.AAswison this 901 4W Of MY 1:913., i f F. C. Pfaff 34 0cal) Notary Nblio. RIeordod at tbA request of harry Yo,rb at 2:25 pax. -IUIY 25th, 1913 ,Vas 60 ,, �i2 aea, Rodarder' . , i •kt. �! ;r: y'/ 1���'�;t,i 7z.,.7 .\e�%• 4� 4 �'r mf!�'...:.1 a :}i"`7 �r.•l i)a3�%� w�R� y +..,.• .......... _.... .�In74NnorR 17:x,hnr agt179. Leh at r7k Auxaxu......xe•xn.euxxu.mx nn19 nt•• road r.� private 1 14.vron t.hO part.inm hnrOtO An follow- eo-+rtt•: b' :,i• dr nw do b. are C.X.Vnn A::l:ort G.a.l.+.+iaunt H. A. 1' pr,oror.,'•+n g;•n:h1a Alm•Sch LY Fren Arfammt Itarry.1'.Voett hoMerinB ',n q+e ' e — e .!or"t"Utin'. •.n,l tracts Of lay. ��• o+rrn,rm ot•Lho ,nveral Nahlrt� r n;. orth of ::oction 5 TonmhtP S ►: .} :re r. r. rivartnr o" ox,t ?.lm or t.hO Fact halt of the North +rt .t.e rad , '-art Botno Heridiant and bo dualrD+ Ke,• opOnln: arrl manmrt n'i Awra:o l of * - ttO rerrh 'in* of Haid 6M l'ub?.Sa ilt;gaay furiain:( �.. •lore;; the Aa1,1 11114 boCin^in'( at 1 of ,aid the F', or tno HW• k t Outh along thu maid Fa,t line of .•aid ` noation `+ and runnin; A .aid N7F;t of ,a1A ' yyys the half Aoction list to the timlth Bnet eermr of the :i brirk: ltlorANd Ao to be L4 foot in .11 At h, NOa t*.ora; OrO ,te the ule4 ianthe m•.1A road e "wet ion 31 Otrso Ivan rnd OVr ,ucenmAorr on Ownava o . "wet each other and bind Wt wnrl witheach• - IN a •nn Ina halt •cation lint that We u11). Oprlh• .p•rnral traote aMrttfnit on the awlrl tntitutilu Lho pant lire of tt•r+ 1 ,.:•1%h tfo nr'.f coact ion Si ry ro rna•I Lith fnot 'n t. of the •aid traotr i prlvatn o.torm .!tall be f Or�r•hn u,o of a]3 N tho road !; •,S AwtA rrndt t!:nr• the +.aid 1n WitrD its r,peroof no have horru nto •ot our 1 srl'•h ogvnl ..i �ttA •ae to tho uma of Lho aaml t '•.+Ir I or .lune 1913•t and afrisod ,ur so thin lith rlrY t P+ tr!d� Hnrry.I,.Yoat Aukor I •.ed.l;Sa AVlrieh by Frn,l Adamm• I!. A.tiahla L.A.(Ogi,on • r to bn:roru me by C.K. Van Anker thi n lit" day ° :u9•o rt roA in cy 1'roee rao A. sworn •a }:ch+aryl ttnin. Nbtury 1111bll7. - (goal) - 11..1.. by Horry.h.YOett Prod AAaaet r' it hmurimd in tyv promam0 aM mworn to bornro m I!aH?a and L.A.1,aeieon thi, C.Praff In 9thIay of f1],Y r:. . h Notary Public. ,� Y+" Yomt at s :7l P.m, .iu]y '2",t•ht 141V rno Gorl. t '*. Itar mlott at. tha requomt of tt,rry i (Not a legal transcription) 7/15/97 — Anr�-rnent by Cynthia Aldrich et al Private road agreement. This Agreement this day made by and between the parties hereto as follows to -Witt: Whereas we, Cynthia Aldrich by Fred Adams, Harry D. Yost, C. ,. Van Auker, L.A. Lewison, H.A.Mahla, beina owner of the -everal tracts of land constituting and bordering on the east line of the East half of the North West quarter of Section 5 Township 3 North of Range 1 East of Boise Meridian, and he desiro,-s of opeiing and maintainina a private road along the said line beginning at the public Highwav forming the north line of said section F, and running south along the said East line of the said E1/2 of the NW1/4 of said Sec. 5 being the half section line, to the South East corner of the said NW1/4 of said Section 5, and said road to be 15 foot in width. Now therefore we the undersigned do hereby agree to and with each other and bind ourselves and our successors as owners of the several tracts abutting on the said half section line constituting the east line of the said road, that the said road, that the said road shall be for the use of all of the owners of the said tracts with with equal rights as to the use of the same, in Witness whnrenf -e have hereunto -,et sur hands and -ffixed our seals +his 12th Aay of June, 1913 , carr„ 1. Yost C. v. Van Aukor Cynthia Aldrich by Fred Adams H. J. Mahla L. A. Lewison Subscribed in my presence and sworn to before me by C. K. Van Auker this 13th day of June 1913., (Seal ) Edward Stain. Notary Public. Subscribed in my presence and sworn to before me by Harry L. Yost, Fred Adam, H.J. Mahla and L.A. Lewison this 9th day of July 1913. C.C.Pfuffin Notary Public Recorded at the request of Harry Yost at 2:25 p.m. July 25th, 1913 Fee 60¢ Stephen Utter, Recorder �'� .. .. .! rT •....•w r r•!.r••p'R:f•S.�►e.+w•`�'.y'•.• PYJ•• �5w1 _, 49gi� • .=Ing vww ,rumartt )l.rah�r•y ,,:.,...-.• .....:. _._...:. -...w .''`�: 0.J L Aldrich at r.l MNwh/, N)INM N NNNM NN.N I/MNMMMN . ' privata roanvont• ;. M• ant b�l�•aran t•he Dartio+ h++roto as �o1lo►r+ t. o—►,tt.:• '•. Thfr A;.-ru��:.ont :t•1- day nµ da Harry.r.,Yo&tt C.iC.Vr.n A:,I:drr, L.�►.l�►.rir.+nt H.A. vR,oroe� :�+ •n:hfa Aldrich by Fran Atims, 5; N. rot hoMnring nn the •.o+ o+ n�mors or•.tf o-nvorwl tract, of ta•t ..ur'titutin:: Wahl&, r . •A;. moctlon5 Town-MP S Forth of i1n/l.of r,ha FKr+t hal: of tho itorth :+e r.►• rivartnr o" o ,,t )r tvot.e ma d ntn c t uerictian ,�nl bo I1u,ir6c o,- epontn: att`f maintaf t•:art :of HAt10 11ric Rs.r4..6 l i! Alno or ,airt t �haay f urinina tho north P11 &tori; tho &Rill ll.tt<r boginrin-t at LM [ N1rt the raid F+': of too at •a11t . ,oath alon1 Thu paid Fant 1f no or at Ion 5t Rat rennin, • .aid . tho ratd leg,t or tho halt taction livor to f•ho Anuth F•e►&t a'rror of =ua.:i. bai►ti r. a ttcto r, ie.'nJrt e:o ;.Zoo %18 Lr foot In ,ririth. Nor t*.ora: ez+t h 3�tntiun sir thn .^.id road to bo our ,ucen,•or• N& nvrnare. of rho With each othor and bird aur&olw+ onsi o to rnrl *.orn►,y agro at•ftain a hal! •nation dirt), thwt ►wo ►ri11 opon an'1 . tti on tha &girl •ovnra 1 tructa n►f� . na t a dant 11no aril's . irt;. h, .•1lr.hr t*o nrl`..r ,action Sirs► com"tut pr roa,l litjl foot.,n of w71 �� tho o.acOr. of tho .atA trrotr d rondl t:nt• t!:e -aid road ,!:all bd lot•/t•l•n ttno horru oto "at our ,n "a ono of tho aarrr t in Witco &s vq eiroof ►ro hovo ( s,i•.h oryanl ..i Jttn'as afrlmiott ::ur sac l& thi+ 12th rivY or dunHt 113•/ anti Itnrry.lLYo�t .. . C.:•:.Can Aukor •.•r,t•Faw Al•rrich by Frnrt Adam&. j i1J•t/ahla . 1.. A. ho►rt n on by C.K.vwn Aui!er thin. ;3..•. 4wY or :u9 orf l,oct.in .mY hruse►wo and sworn to bo•'oru no ' Fai►rarrl St-41M r �;; •. Nu tory F'ubli � . �� • (squall H.J.. Harry.Il•Yo&tt prod Adaat t i i m d in TV. Proaam a an4 .►corn t o bllrr,ro r-A by i :fiw,cri thin and L. A.ts►tinon 9th • 1ty of July ""3 • r '±• t:.e.Nrarrin. ttotaXyr ['ublio r Sual) 1 YO-It at 2!:P—"l .m. 1p� dna God.•, of 1.Rrry r �'�. i ligccrdad at tha requo&t tr„3. -nocardar. . t ' FI August 30, 1995 J U L 15 1997 Ada County Highway District attn: Larry Sales RE: Wingate Lane, easements Dear Mr. Sales: have reviewed the private road easement creating what is now called Wingate Lane, in regard to Packard Subdivision No. 2, and I have also reviewed the comments from ACHD regarding the conflict between the private and public roads in the subdivision. It is my legal opinion that: 1. Since the applicants now own all of the Packard Subdivision No. 2 real property where the private and public roads, and/or utilities, would cross, the applicants can make temporary alternate methods of ingress and egress, on a practical basis, without the permission of any other person or entity. 2. The 1913 ingress and egress easement only refers to the surface right of travel and does not grant any further rights to subsurface usages, nor does it grant any rights to block any subsurface usages which do not interfere with the ingress or egress. Therefore, applicants may run utilities and the like under the surface of the easement without the necessity of consent from users of the easement. 3. So long as the ability of the beneficiaries of the easement to travel the easement is maintained, the applicants may improve the surface of the easement area, including, for example, by the addition of blacktop or other road surfaces. 4. In order to maintain or otherwise use the area of the easement, applicants may provide temporary alternate methods of granting ingress and egress to the beneficiaries of the easement. For example, applicants could provide a temporary road next to the easement area while resurfacing the easement area or digging utilities on which the sole beneficiary of the easement to the south of Packard No. 2 could travel. Ada County Highway District Page 2 August 30, 1995 I therefore see absolutely no impediment to the proposals of the applicant for surfacing and placement of utilities so long as temporary access is provided to the neighbor using the easement. e y yours, Robert L. Aldridge Attorney at Law RLA/yw Meridian City Council July 1, 1997 Page 8 (Inaudible) Crookston: It includes three separate pieces of property. (Inaudible) Sharp: I am interested in which properties they have got because when you are reading the descriptions because on that one 22 acres it is the PNE that owns it, there is the Browns that own it and the Castles and on the other side there is the Borup property the PNE and also the people that bought that, that couple that bought that house that was at one time the Borup's. So the way we are. looking, when I went down to check the titles there actually was more than just the three pieces. So I would like to see a copy and have it checked with the records the public records to make sure they are all included in that. According to the facts and findings they have one and they were all to be included in the annexation. Corrie: One more opportunity, would anyone like to have the complete ordinance read at this time? Hearing none. Morrow: Mr. Mayor, I would move that we adopt Ordinance #764 with the suspension of rules. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to adopt amended Ordinance #764 with suspension of rules, roll call vote. ROLL CALL VOTE: Morrow — Yea, Bentley — Yea, Corrie — Yea, Tolsma — Yea MOTION CARRIED: All Yea ITEM #7: REQUEST FOR PRELIMINARY PLAT FOR PACKARD SUBDIVISION NO. 2: Corrie: I am going to ask the Council with their approval that we table that one until the next meeting. The reason being that the agenda that was put our Friday did not have that on the original agenda it was changed on Tuesday and it hasn't had a chance to have everybody knowing about the change. I think that Morrow: Were there those of the public that were informed that is was on the agenda for tonight and so therefore they did not have an opportunity to show up? Tolsma: Yes Meridian City Council _ July 1, 1997 Page 9 Corrie: Council, whatever you would like to do. Rountree: I don't either, but I do have a question, was the meeting held and the issues resolved? Stiles: Yes there was a meeting held, I have received some additional information. I would like to discuss that information at the next meeting. Corrie: At the next meeting of this meeting Shari? Stiles: The next meeting. Corrie: Any further discussion by Council? I will entertain a motion for table to the next meeting which would be the 15th of July. Rountree: Mr. Mayor I move that we table item #7 until July 15. Morrow: Second Corrie: Motion made by Mr. Rountree, second by Mr. Morrow to table item 7 until the July 15th meeting, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A VARIANCE REQUEST FOR REDUCTION OF FRONTAGE AND SIDE STREET SETBACK BY A'a LLC: Corrie: Council, you have the findings of fact and conclusions of law on that one, any discussion or comments? Morrow: I move that we hereby adopt the findings of fact and conclusions of law. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to approve the findings of fact and conclusions of law as written, roll call vote. ROLL CALL VOTE: Morrow —Yea, Bentley — Yea, Rountree — Yea, Tolsma — Yea MOTION CARRIED: All Yea Corrie: Entertain a motion for the decision. Meridian City Council July 1, 1997 Page 7 Rountree: I just want confirmation from Shari that there are no additional issues with this property. If we were to pursue and a PUD. Stiles: I don't have any as far as the rezone. Morrow: Mr. Mayor, that being the case I would move that we instruct the City Attorney to prepare findings of fact and conclusions of law. Crookston: I just want to reference that this is not a rezone this is an annexation and zoning. Corrie: Mr. Morrow you may proceed. Morrow: The motion would be that we instruct the City Attorney to prepare findings of fact and conclusions of law for a request of annexation and zoning of approximately one acre to R-8 by Larry and Kay Hanson with a Planned Unit Development. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to instruct the City Attorney to draw up new findings of fact and conclusions of law with a PUD on the annexation, any further discussion? All those in favor? Opposed? . MOTION CARRIED: All Yea ITEM #6: AMENDED ORDINANCE #764 — PACKARD SUBDIVISION NO. 2 ANNEXATION: Corrie: Gary, did you have time to read this amended ordinance? Smith: I believe that my assistant Bruce Freckleton reviewed that and said it was okay. We started a process of sending a legal description to Wayne for inclusion into the ordinances that is stamped as approved and signed off by Bruce. I think you got that right Wayne for this ordinance? Crookston: That is correct but we did not get the legal description until yesterday at approximately 1:00. But Bruce and I have done that and he has reviewed the legal description and he says that it is fine. Corrie: AMENDED ORDINANCE #764, AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE NW Y4, SECTION 5, T.3N, R.1 E, B.M. ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the audience that would like to have Amended Ordinance #764 read in its entirety? Meridian City Council July 1, 1997 Page 8 (Inaudible) Crookston: It includes three separate pieces of property. (Inaudible) Sharp: I am interested in which properties they have got because when you are reading the descriptions because on that one 22 acres it is the PNE that owns it, there is the Browns that own it and the Castles and on the other side there is the Borup property the PNE and also the people that bought that, that couple that bought that house that was at one time the Borup's. So the way we are looking, when I went down to check the titles there actually was more than just the three pieces. So I would like to see a copy and have it checked with the records the public records to make sure they are all included in that. According to the facts and findings they have one and they were all to be included in the annexation. Corrie: One more opportunity, would anyone like to have the complete ordinance read at this time? Hearing none. Morrow: Mr. Mayor, I would move that we adopt Ordinance #764 with the suspension of rules. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to adopt amended Ordinance #764 with suspension of rules, roll call vote. ROLL CALL VOTE: Morrow — Yea, Bentley — Yea, Corrie — Yea, Tolsma — Yea MOTION CARRIED: All Yea ITEM #7: REQUEST FOR PRELIMINARY PLAT FOR PACKARD SUBDIVISION NO. 2: Corrie: I am going to ask the Council with their approval that we table that one until the next meeting. The reason being that the agenda that was put our Friday did not have that on the original agenda it was changed on Tuesday and it hasn't had a chance to have everybody knowing about the change. I think that Morrow: Were there those of the public that were informed that is was on the agenda for tonight and so therefore they did not have an opportunity to show up? Tolsma: Yes AMENDED ORDINANCE NO. 764 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE NORTHWEST 1/4, SECTION 5 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: A parcel of land situated in Gov't Lot 3, NWh and the NE4 of Section 5, T. 3N., R. 1E., B.M. , Ada Coupty,, Jdaho;_ more particularly described as follows: J f 1L '_I ' Commencing at the North h corner of said 'Section .5; thence along the North line of said Section 5L` North 89044157" -West 335.00 feet to a point; thence along a line 335.00 feet West of and parallel to the North- South center of Section line of said Section 5 South 0027132" West 876.63 feet to a point on the centerline of the South Slough said point being THE POINT OF BEGINNING; thence continuing South 0°27132" West 404.43 feet to a point on the North line of the NE'h SEh NWh of said Section 5; thence along the North line of the NEk SEh NWk of said Section 5 South 89032,4311 East 335.00 feet to a point on the North- South center of section line of said Section 5; thence along the North-South center of section line of said Section 5 South 0°27132" West 391.14 feet to a point on a line that lies 935.00 feet North of the East-West center of section line; thence along a line 935.00 feet North of and parallel to the East-West center of section line of said Section 5 ANNEXATION ORDINANCE - PACKARD R-4 PAGE 1 South 89040120" East 569.25 feet to a point; thence along a line 569.25 feet East of and parallel to the North- South center of section line South 0°27132" West 935.00 feet to a point on the East- West center of section line of said Section 5; thence along the East-West center of section line of said Section 5 North 89040120" West 569.25 feet to the center of section of said Section 5; thence along the North-South center of section line of said Section 5 North 0027132" East 663.07 feet to a point marking the Southeast corner of the N,� SEk NW 4 of said Section 5; thence along the South line of the N' SE4 NW4 of said Section 5 North 89035139" West 995.09 feet to a point marking the Southwest corner of the Eh NW a SEk NW a of said Section 5; thence along the West line of the Eh NWh SEk NWk of said Section 5 North 0026123" East 663.92 feet to the Northwest corner of the E� NWh SE�r NWh of said Section 5; thence along the North line of the Eli NWh SES; NW k of said Section 5 South 89032143" East 4.31 feet to a point on a line that lies 991.00 feet West of the North-South center of section line of said Section 5; thence along a line 991.00 feet West of and parallel to the North-South center of section line of said Section 5 North 0027132" East 680.84 feet to a point on the centerline of the South Slough; thence along the centerline of the South Slough the following courses and distances South 85059'55" East 132.90 feet (Formerly South 86°30126" East 135.83 feet) to a point; thence South 58005124" East 99.48 feet (Formerly South 58035'55" East) to a point; thence South 30047'28" East 189.47 feet (Formerly South 31°17159" East) to a point; thence South 7555125" East 191.49 feet (Formerly South 76025126" East) to a point; thence South 86007149" East 154.36 feet (Formerly South 86038120" East) to THE POINT OF BEGINNING. ANNEXATION ORDINANCE - PACKARD R-4 PAGE 2 Said parcel contains 35.23 acres, more or less. is hereby annexed to the City of Meridian, and is zoned R-4 Residential; that the reason for the R-4 zoning is to allow development for a single family residential subdivision to be known as Packard Subdivision No. 2; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council; that all ditches, canals and waterways shall be tiled including those that are property boundaries or only partially located on the property. Section 2. That the property shall be subject to de - annexation if the owner shall not meet the following requirements: a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land, particularly as stated in the Conclusions of Law, paragraph 22. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. C. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the project of the requirements of 11-9-605 of the Revised and Compiled Ordinances of the City of Meridian and other matters; that the property may be de -annexed if the terms and conditions of the Development Agreement are not satisfied. d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, 11-9-605 M. which pertains to the tiling of ditches and waterways, and 11-9-606 B 14. which pertains to pressurized irrigation. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. ANNEXATION ORDINANCE - PACKARD R-4 PAGE 3 f. That the Applicant shall meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. Section 3. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this day of ju te_, 1996. `Tc � j ATTEST: CITY CLERK -- WILLI APPROVED: ",MAYOR ---ROBERT D. CORRIE G .'" BERG, JR. t%jillt1t1111" t,Of� SEAL N'/ �O J(, tli ANNEXATION ORDINANCE - PACKARD R-4 PAGE 4 STATE OF IDAHO,) ss. County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Amended Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE NORTHWEST 1/4, SECTION 5 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Amended Ordinance No. 764, V_ the City Council and Mayor of the City of Meridian, on the jf day of dam$, 1997, as the same appears in my office.�TwYy DATED this �% day of -duas, 1997. `1rr<<�,tt�rrritrtrrif, Su.QtJ. OF City Clerk, City of Me idian Ada County, Idaho SEAL7 STATE OF IDAHO,)/���rrisrt"ttr�.rr ss. County of Ada, ) On this C -`f day of 3e, 1997,. before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR., known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written, rttttttrrrrr,,rr�' ♦r�+��G E L aaTAR SEAL 0 � T•it1 •♦ Notary Public for"Idaho Residing at Meridian, Idaho My commission expires: el'r ANNEXATION ORDINANCE - PACKARD R-4 PAGE 5 , N. tit° 44'5.7 W. 33G. oo r- #--- iJ. l"4 C ---------------------- Sec . 5 T 314 , t2, I E -- - - -- -------------- - J �M yP 3p �- +� o GJ1 A� Pbltrf OF �-INNtIV�, E. 49'Lu � m •N ,3 a N Q e't'3243' E. 335.0 flakn a'35'3q' W. R�6, oqin I—r-- '!=gL:ll 1 2 i 00 :. UBD b ' EE an 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 Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor June 30, 1997 Mr. Wirt Edmonds Mr. Walter T. Sigmont Packard Development Co., L.L.C. 3131 E. Lanark St. — Suite C Meridian, Idaho 83642 RE: PACKARD SUBDIVISION NO. 2 Lift Station Maintenance Agreement Dear Mr. Edmonds and Mr. Sigmont: COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman GREG OSLUND MALCOLM MACCOY KEITH BORUP RON MANNING Attached are two (2) copies of a maintenance agreement, used for another subdivision in Meridian, containing the most current language acceptable to our City Attorney. Please review this proposed agreement and if acceptable to you sign both copies and return them to me for Mayor and Clerk signatures. Thanks. Sincerely, Gary D. Smith, P.E. City Engineer cc: File City Clerk LIFT STATION MAINTENANCE AGREEMENT This Agreement is entered into this day of '19_, by and between the City of Meridian hereinafter "Meridian" and Packard Development Company, L.L.C. hereinafter "Packard". WITNESSETH WHEREAS, Packard has made application to Meridian to rezone and annex that certain parcel of real estate to be known as Packard Subdivision, and to develop that subdivision as more particularly described on its initial application; and, WHEREAS, Meridian has granted Packard's application subject to all of the terms and conditions of a Developer's Agreement entered into on 19 ; and, WHEREAS, one specific condition of the Developer's Agreement requires Packard to install a sewage lift station in order to properly move sewage from a collection point in the subdivision to connect to the South Slough Interceptor of the Meridian Sewer System, which sewage lift station must be monitored and maintained to prevent malfunctions; and, WHEREAS, Meridian has the capability and the expertise to monitor and maintain this lift station because it does same with other lift stations at other projects and subdivisions; and will agree to do the same for Whitstone for a fee equivalent to its costs and expenses; and, WHEREAS, Packard intends to form a non-profit corporate homeowners association to be known as Packard Homeowners Association, Inc. (hereinafter the "Association") and that association will pay Meridian's fees for monitoring, repairing, and maintaining this lift station after construction by Packard and assignment of this Lift Station Maintenance Agreement thereto; NOW THEREFORE in consideration of the mutual benefits, the parties agree as follows: 1. Scope of Meridian's duties: Meridian shall provide the following periodic maintenance services to the Packard lift station: A. Daily operations monitoring. B. Periodic line maintenance in accord with City's normal schedule. C. Emergency response to telemetry relayed breakdown messages. D. In the event routine repairs exceeding $100.00 are needed, Meridian shall notify Packard who shall then make or contract for the repairs at Packard's separate cost. E. In the event emergency repairs are necessary, Meridian shall cause those repairs to be made at Packard's expense. Cost for emergency repairs shall be based on time and materials in correcting the problem. Time will be at the rate of $31.50/hour for two (2) personnel or at the then published hourly rate for services by Meridian wastewater maintenance personnel during regular hours (8:00 a.m. - 5:00 p.m. Monday - Friday) and $49.50/hour (2 employees) for non -regular hours, or at the then published rate for non - regular hours. A service vehicle rate is charged at $15.00 per hour in addition to the personnel charge. NOTE: Emergency repair call -outs require the use of two (2) employees for safety purposes. F. These rates are subject to periodic negotiation not more frequently than once per year or, if the parties agree, the rates may be negotiated by mutual agreement at any time. 2. Scope of Packard duties: A. In addition to bearing the cost of installing the sewage lift station, Packard shall install an alarm system in accord with City Standards which shall cause a telemetry relayed breakdown signal to be relayed to the Meridian City Wastewater Department which shall then give rise to the duties in Section 1. B. Packard shall pay all utility costs incurred in operating the lift station including water, power and telephone. C. Packard shall pay to Meridian routine maintenance charges as follows: • daily lift station monitoring at $340.00/month. • periodic line cleaning at $135.00 per cleaning as necessary or in accord with City's normal cleaning schedule. These rates are subject to periodic negotiation not more frequently than once per year or if the parties agree the rates may be negotiated by mutual agreement at any time. 3. Packard shall indemnify and hold Meridian harmless from any and all losses, claims, actions, judgments for damages or injury to persons or property and losses and expenses caused by or arising from operations and maintenance of the lift station and not caused by the negligent conduct of Meridian or its employees. 4. All sums of money due Meridian shall be paid within thirty (30) calendar days of the date of invoice. 5. This agreement may be terminated by either party upon sixty (60) days written notice. 4 r► 6. In the event that the sewage collection system serviced by this sewage lift station can subsequently be connected directly to a gravity sewer line connecting to a main sewer trunk line making the lift station unnecessary, then the lift station may be abandoned and all of the equipment shall belong entirely to Packard or its assignee. 7. The duties and rights of Packard may be assigned by Packard to the Association. Packard Development Co., L.L.C. Partner Signature Name Partner Signature Name STATE OF IDAHO, ) ss. County of Ada, ) On this day of 19 , before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared, and known or identified to me to be the Partners of Packard Development Co., L.L.C. and who subscribed their names to the within instrument and acknowledged to me that they executed the same for said Packard Development Co., L.L.C.. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fust above written. SEAL City of Meridian Notary Public for Idaho Residing at My Commission Expires 3 Meridian City Council June 17, 1997 Page 3 ITEM #1: TABLED JUNE 3,1997: REQUEST FOR A REZONE OF APPROXIMATELY 9.42 ACRES FROM R-4 to R-15 BY LORIN SAUNDERS.- Morrow: You have in your packets a letter from Mr. Saunders requesting a table until the July 1 st meeting, is there a discussion or motion to table to the July 1 st meeting? Rountree: Mr. President I would move that item 1 on our agenda be tabled until our regularly scheduled meeting July 1St and item 2 as well because it is connected to the resolve of item #1. Tolsma: Second Morrow: Moved and seconded to table Item #1 the request for the rezone of approximately 9.42 acres from R-4 to R-15 by Lorin Saunders and Item #2 the request for annexation and zoning of approximately 1 acre to R-15 by Lary and Kay Hanson, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: TABLED JUNE 3, 1997: PRELIMINARY PLAT FOR PACKARD SUBDIVISION NO. 2 BY PNE/EDMONDS CONSTRUCTION: Morrow: Some guidance here Counselor, the public hearings are all completed in terms of this process. What the Council has been waiting for is a resolution of conflict between staff and the developer's representative with respect to a written response to questions that the staff has raised. The proper procedure here would be my question is the proper procedure now is do we simply ask Staff if that resolution has taken place and we press on or do we have a presentation by Mr. Tealey in terms of those responses and stand for question. If so is there an opportunity for neighbors or members of the public to ask questions concerning that? Crookston: I believe that the proper procedure would be for you and the Council to ask the staff if they have received their responses. If they have then I would move to the point of asking Mr. Tealey if he has any comments. If they have not received those then it is up to the Council as to whether or not they want to proceed further at this time or whether they want to table it until staff receives their responses. Morrow: Thank you Tolsma: Mr. President, being as how we just received these things today and I haven't had a chance to look at them and I know the other councilmen haven't had a chance to look at them I am in favor of leaving it lay until the next scheduled meeting. They should have been in here last Thursday so we would have a chance to look at this thing. That Meridian City Council June 17, 1997 Page 4 means we have not had a chance to review it, we (inaudible) to make the decision or are we going to make the decision ourselves? Morrow. It is a fair question, comments Mr. Rountree? Rountree: We did receive the information from Mr. Tealy related to the response of the comments earlier. I guess I would have a question for staff if those resolve that particular part of the issue. The other component of this is that we wanted to see a preliminary plat that reflected the conditions of the findings of fact and conclusions and the two Councilman on either side have received that but l haven't. For some reason it wasn't in my box this evening. I might have left it sitting in there somewhere too, but I don't have it. Morrow: Mr. Rountree's first question was have you received in writing the response to the comments requested as you had asked some time ago. And it was Mr. Tealey's belief if memory serves me that he had submitted answers to those some time ago also. Stiles: I have received their revised comments, still have been able to find the original comments in the file. However I would like to note that the previous version was marked draft was not signed and did not address the items that I talked about. The latest letter dated May 27, 1997 although they are responses I am not satisfied with those responses and I think Council needs to review those responses carefully and look at the revised plat. Because we did just get that plat in your boxes yesterday. We do have a technical problem with this project as well. The annexation ordinance that was passed only included one of the lots that were split off. For some reason it does not include the entire parcel or two parcels for, that were propose to be annexed. So we do need to have an amended ordinance on the entire property prior to acting on this. I am still pretty concerned about the accesses and the Wingate lane situation. I think before we are able to prepare adequate development agreements for this I would like a little more detail on how that is working out. Also they have that shown on a preliminary plat exactly where those fences are going to be. Morrow: Does that answer your question? Rountree: I had a question about the annexation ordinance, was that a result of the inadequate property description or do you know? Stiles: I believe what happened is it has been so long since the original description was provided and then some additional legal descriptions were provided or warranty deeds when the parcels that had been split off they gave new notarized consents and had legal descriptions with them. Well I think that was taken and put in the annexation ordinance inadvertently. Bruce Freckleton didn't get a chance to review that until today. The actual ordinance that was prepared. Meridian City Council June 17, 1997 Page 5 Morrow: Any further questions? Mr. Crookston then is Ms. Stiles point correct that the annexation ordinance being flawed action could not proceed on the preliminary plat this evening anyway? Crookston: That is correct, if the preliminary plat includes any land that has not annexed excuse me any land that would not be annexed because it was not included in the annexation ordinance. I draw the ordinances and the descriptions were taken from the descriptions that I had. Morrow. Thank you, your pleasure Council? Rountree: Well I would have a questions for Mr. Tealy related to the ordinance. Does that encompass the preliminary plat that we just received or is that less than. Tealey: We supplied adequate descriptions to the City for the annexation. Whether inadvertently they were left portions of it were left out I don't know I haven't seen that ordinance I have no idea what they used for a description. The descriptions we supplied were adequate. Rountree: Well my opinion we don't have enough information to act on this this evening. guess what I would like to see done is that staff, council, and Mr. Tealey get together and resolve these issues once and for all so we don't continue to keep coming back at this and maybe he feels that he has done that. Tealey: Can I make just one comment? Rountree: If you let me get through here. Which will be real quick. It seems to me coming back and forth on these issues is not productive for anyone. If we can't reach an agreement and get a subdivision that we feel comfortable putting together a development agreement on then possibly as Mr. Tolsma indicated we make a decision to put an end to this or get it moving forward. Coming back and forth like this in my opinion is not productive for the neighbors, the developer or us. I would move to table to our next regularly scheduled meeting July 1St with a meeting that is arbitrated if it has to be to get these issues resolved. So we get answers, the developer knows what the questions are with the City and the City what the answers and they are provided so we can have sufficient information from which to make a decision. Morrow. Let me ask you this, do you wish at this time to, it seems to me in order to do that we set up or have one of the staff set up a meeting and have some mandatory attendance by members of our staff with some instructions from us to be prepared to come to resolution. Meaning bring all of their information and be prepared to act on that day certain and that meeting and Mr. Tealey (inaudible) and the folk that he represents or has in terms of the information that he has be at that same meeting. So (inaudible) did you wish to put that in the form of a motion? Meridian City Council June 17, 1997 Page 6 Rountree: Certainly, I a sense you stated so I won't restate it so I will move that. Tolsma: Second Morrow: It has been moved and seconded to table the preliminary plat for Packard Subdivision No. 2 by PNE/Edmonds Construction for the final time to July 1. In the interim there be a mandatory meeting set between members of our staff representative from PNE/Edmonds to iron out the technical issues and for each to come to the meeting prepared with the information that has been missing or to resolve the conflict over what is missing and what isn't missing, all those in favor? Opposed? MOTION CARRIED: All Yea Morrow: Mr. Tealey. Ms. Stiles will notify you of the date and the time of that meeting, please be prepared with anything that you need to resolve the final issues. In the interim Mr. Crookston, for our next meeting you will have prepared a corrected annexation ordinance so that we can correct flaw and proceed forward. Crookston: As soon as I get the legal description for the corrected (Inaudible) Morrow: It will be up to Mr. Tealey to review and respond to the City and if the problem is within the City then we will find out where it is and resolve it from within the city. Tealey: The motion is exactly what I was going to ask for, the only communication we get between the staff and ourselves is at these meetings and we just can't come together on it because we don't know what the questions are going to be. Thank you for mandating the meeting. (Inaudible) Morrow: Well I think you can certainly be there to observe, it is not a meeting where there is testimony taken. It is a technical meeting in terms of ironing out the issues such as legal descriptions and those types of things. Then at our next meeting we will bring it off the table and then deal with that as a Mayor and a Council at that time. (Inaudible) Morrow: It will be a meeting that you cannot participate in but you can observe because it is not a publicly noticed meeting. ITEM #4: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST BY WINNIE ARD: Meridian City Council June 3, 1997 Page 4 Corrie: Motion is made by Mr. Morrow, second by Mr. Rountree that we table items 4 and 5 the two ordinances, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: ORDINANCE #764 — PACKARD SUBDIVISION NO. 2 ANNEXATION: Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE NW Y4 SECTION 5, T.3N, R.1 E, B.M., ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone here that would like to have Ordinance #764 read in its entirety? Hearing none I will entertain a motion from Council. Morrow: Mr. Mayor, I move that we approve Ordinance #764 with suspension of rules. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to approve of ordinance #764 with suspension of rules, roll call vote. ROLL CALL VOTE: Morrow —Yea, Bentley — Yea, Rountree — Yea, Tolsma — Yea MOTION CARRIED: All Yea ITEM #7: PRELIMINARY PLAT FOR PACKARD SUBDIVISION NO. 2 BY PNE/EDMONDS CONSTRUCTION; TABLED MAY 20,1997.- Corrie: 0,1997: Corrie: Is there a representative from the Packard Subdivision here tonight? Morrow: I believe the tabling was a procedural matter so that we could do the annexation ordinance first. Rountree: I think that and also so that they would have an opportunity to respond to comments provided previously and incorporate any comments in the preliminary plat. It is my understanding we haven't seen either of those. Corrie: Is that correct staff? Stiles: Yes Morrow: You have not seen any of the incorporation of the comments from our last meetings within the preliminary plat? Stiles: No, we had requested some changes to the plat and responses to my comments and I haven't seen any response. Meridian City Council June 3, 1997 Page 5 Morrow: Mr. Mayor, I am going to ask from Edmonds if he has a response to that. Corrie: Would you come up here please? Edmonds: The only thing that I have seen as Pat Tealey sent me a letter I received yesterday a copy of the one that was in question about the 17 items that Shari wanted in writing that he had sent to the City clear back in early part of 1996. He sent me a copy of that and a new copy that he re -answered and sent over. That is the only thing that I have seen. Rountree: And you received that yesterday? Edmonds I received that from Pat Tealey yesterday. Morrow: Mr. Mayor, I guess if Mr. Tealey or someone shows up later we can bring this back off the table. My suggestion would be since we have not received the information that we were after for the time being we table this until the 17tH (Inaudible) Corrie: Council I, Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to table the preliminary plat of Packard Subdivision No. 2 until the proper to June 17t until the proper credentials are presented to us and the study by Staff, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: FINAL PLAT: SPORTSMAN POINTE SUBDIVISION NO. 7, 45 LOTS, SW CORNER OF LOCUST GROVE AND OVERLAND BY WESTPARK CO. INC.: Corrie: Is there are representative from Sportsman Pointe here tonight? Council, comments or discussion, staff? Rountree: I would have a question for staff, Gary have either you or Shari seen a response to your letter of the 29th? Stiles: Yes we have. Rountree: And is it satisfactory? Meridian City Council June 3, 1997 Page 4 Corrie: Motion is made by Mr. Morrow, second by Mr. Rountree that we table items 4 and 5 the two ordinances, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: ORDINANCE #764 — PACKARD SUBDIVISION NO. 2 ANNEXATION Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE NW Y4 SECTION 5, T.3N, R.1 E, B.M., ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone here that would like to have Ordinance #764 read in its entirety? Hearing none I will entertain a motion from Council. Morrow: Mr. Mayor, I move that we approve Ordinance #764 with suspension of rules. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to approve of ordinance #764 with suspension of rules, roll call vote. ROLL CALL VOTE: Morrow —Yea, Bentley — Yea, Rountree — Yea, Tolsma — Yea MOTION CARRIED: All Yea ITEM #7: PRELIMINARY PLAT FOR PACKARD SUBDIVISION NO. 2 BY PNE/EDMONDS CONSTRUCTION; TABLED MAY 20,1997-. Corrie: Is there a representative from the Packard Subdivision here tonight? Morrow: I believe the tabling was a procedural matter so that we could do the annexation ordinance first. Rountree: I think that and also so that they would have an opportunity to respond to comments provided previously and incorporate any comments in the preliminary plat. It is my understanding we haven't seen either of those. Corrie: Is that correct staff? Stiles: Yes Morrow: You have not seen any of the incorporation of the comments from our last meetings within the preliminary plat? Stiles: No, we had requested some changes to the plat and responses to my comments and I haven't seen any response. 2101 S. U stick yid. Meridian, ID 83642 June 24, 1997 Mr. teary 6mith Meridian City . ngineer 33 E. Idaho Ave, Aeridian, ID 83642 Ae: Irrigation 4ater across Packard ;12 Subdivision Dear Sir; I talked with my ditch rider, Andy Madsen, for Nampa Meridian Irrization and he indicRted this system to supply my irrigation should be desiwned for 125 miner inches which is the amount of water available at this time from our headgate. This system should be designed to connect with the drainage system of Ch-imberlain Subdivision. I have worked with another siphoned system which included a drainage of the system in the winter. The developer was required to dig what I terma sump pump down to pure gravel a.nd thorn install a material which ellows the water to seen out but prevents silt from entering this sump. This then was filled with coarse rock with a. valve to drain the system into this sump. I request that this or a comparable system be installed on the Packard #2 Subdivision property next to our property. If you have any questions or I can be of any assistance, please contact me. Sincerely, Vern Allema.n 888-2895 RECEIVED JUN 2 4 1997 CITY EMG*4EER 16:50 208-385-0696 TEALEY'S LAND SURVEY PAGE 03 OFFKXMA LLIAM a BERG, JFL, CRyaork JAN" L. GAS-, Cny rreasurar GARY D. Sr ffK P.E., City Engineer MWOE D STUAFif. Water Works Supt JOHN L "WC.R(*7., WaM Welter Supt DENNIS J. SUMMERS. PA is SupL SHM L UM48, P & Z Ad'ninMfi'a or PATTY A, WOO KIEL_ DMV Supwoor KENNETH W. BOWERS, Flu Chi& tor. Tp,I.' GOFWK Poke Chief WAYNE G. CROOKSTON, JAR Aftmey MEMORANDUM HUB OF TREASURE VALLEY A GoW Plwo to Live CITY OF 1VMERIDIAN 33 EAU ' IDAM MERIDIAN, IDAHO W"2 Plane (208) 868-4433 * PAX (2M 887-813 Public Wm kwUwWug Vap wovr t (208) 887-2711 Mata VaEtiaWPnVM LV== CM M-4"3 GRANT P. UNGSFO" Mawr TO: Planning & Zoning Commission, Mayor and Council FROM: 9F?�L, Planning & Zoning Administrator DATE: November 13, 1995 tt"a RCNALD R. TC"MA MAX YEMNMN R080M D. COME WALT W. MOPAM JW JOHNSON, Chatman MOE ALa,IAM JW SHEARER aHAPILE TIM HEPPM SUBJECT: Preliminary Plat for PwJmd Subdivision. No.2 by PNElF.dmoods Construction 1. The C,omprebensive Plan indicates the meed for a park in this area. With over 75 acres proposed for annexation in Packard Subdivisions Nos. I and 2, opera space appears bmdequate to midptr. the impacts of the m6&isioas. 2. The South Slough is designated as a future pathway in the Meridian Comprehensive Plan. Construct on sbali be in accordance with the Ada County Paddy Plan and City requirements. Any relocation of the South Slough will negate its conideration as a "natural Waterway" and will require riling. 3. Perimeter fencing will be required prior to obtaining building permits. The South Slough shall be fewed with non-combustible fencing outside of existing/required easement to accommodate future pathway. 4. A development agreement is required as a condition of annexation. 5. No school capacity is available to serve this subdivision. b. No access is available to chis site at this time, 7. I have had reports that apartments have been constructed on Lot 7, Block 2. If this is the case, the lot does not conform to the R--4 zoning requnvments. In addition, it appem that this proposed Int has already been split illegally. 8. All corner lots shall have a minimum of 80 feet of frontage. For purposes of Ming frontage, the lime length plus of the curve length is used. Some lots wW need arrows indicating the dirmtion the house must face (c.g., Lots 1, 3, 4 and b, Block 7, etc.). 7 16:50 208-395-0696 Commissaov, Mayor and Council ember 13, 1995 :2 TEALEY'S LAND SURVEY PAGE 04 Lot square footages are to.be determined exclusive of irrigation easements. The South Slough area should be designated as a separate lot to be owned and maintained by the homeowners associatm. Phasing -of this project, if applicable, shall be indicated on the preliminary plat. Easements shall be provided as required by City Ordinance Section 11-9-605_D. Any changes to existing natural fcatures shan mea the approval of the City of Meridian and the appropriate public agency prior to any duction activity taking place. P resswized irrigation is to be supplied to all bots within this subdivision. 14. Buffering of adjacent residential nwal lots is required- Whsle consideration has been given to some adjacent property owners, the lots in Block 6 do not show this same consideration. 15. All ditches crossing or abutting this property are to be tiled per City Ordinance unless a vatitasce is granted. What is proposed for the Stokes" Lateral and other ditches shown? lb. Driving lanes at cube -sacs ("knuckles") at north and south ends of N_ Malachite Avenue, with a 21' width, do not appear to be adequate. 17. Applicant is to address W comments, in wri ft, and submit to the City Clerk's office. 16:50 208-385-0696 June 23, 1995 Meridian Planning and Zoning Commission 33 East Idaho Street Meridian Idaho 83642 TEA -EY' S LAND SURVEY RE: Packard Subdivision #2 - Response to Staff Comments Dear Mentbecs of the Commission: On June 22, 1995, during your public hearing regarding the above captioned subdivision application, you directed the applic aru to address the comments and concerns of the City MO. Following are our responses to the comments from Ms. Stiles, Meridian Planning and Zoning Administrator_ 2 The original design of Packard Subdivislozn 01 included a five (5) acre park. When that proposal reached the City Council, the proposal met severe opposition due to the inability of the city of Meridian to acquire and maintain public parr land. Although the original proposal Ieft mainteamoe of the park in the hands of the Packard Subdivision Homeowners Association the city wanted the proposal redesigned without the large park - Yhe latest versions of the Packard Subdividons proposal include over an acre and one-half cf open space far use by the residents ofPackard Subdivision. 6) 3 The developers are wig to worm with the city of Meridian for development off pathway slang, that portion of the South Slough next to Packard Subdivision. No relocation of this waterway is proposed. 04 The developers agree with this comment. 05 The developers are in the process of providing a development agreement for this proposal. 49nb&vvjq*#2 -1 A ea 14= 16:50 208-385-0696 TEALEY'S LAND SURVEY PAGE 06 The developers support the Meridian School District's plans for needed facilities. The developers also recognize that the children living in this subdivision will nut necessarily attend the nearest neighborhood school. ' (9 7 The developers have an easement from the owner of the land lying between Packard Subdivision and Dove Meadows Su divisicm (Instrument #94082998). This easement provides access to the site. This easement terniinmes upon the dedication of a public road upon the area desert'bed in the easement. 8 Arrows denoting the front lot line will be added to the plat for Lots 1, 3, 4, and 6 Block 7. 09 For those lots where the waterways will not be tiled, the area calculations will exclude the irrigation easement. however, for those lots where the irrigation easement is tried and located with the normal setbacks, the area wW not be excluded (§ 2.410 A, Footnote 8, Meridian City Code). 10 Phase roves will be added to the preliminary plat. 1 I Thee developers agree with this comment - 12 The developers agree with this comment. 13 The developers agree with this comment. A pressurized irrigation system wig be developed and approved by the appropriate irrigation district and the City Engineer. Regarding the com nients from the City Engineer's office concerning water pressor, we are awaiting the results of testing by the City Engineer and the Meridian Water Superintendent. RespectfuDy, Patrick A. Tealey Tealey's Land Surveying By: Ted Hutchinson €**04 6abdivi%ffl #2 t 14" -2- MERIDIAN CITY COUNCIL MEETING: June 17 1997 APPLICANT: PNE/EDMONDS CONSTRUCTION ITEM NUMBER; 3 REQUEST: PRELIMINARY PLAT FOR PACKARD SUBDIVISION NO.2 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 �2 ,kar Nt 5y-4'1-rQ49"fvt OTHER: All Materials presented at public meetings shall become property of the City of Meridian. r Z1p1 E. USTICIC Cc ;ff MERIDIAN; !D 83642 cv oL-e� RECEIVED J U N 17 1997 CffY OF ME AN Project No.: 1408 May 27, 1997 TE. _4-EY'S LAND SURVEYING City of Meridian 33 East Idaho St. Meridian, Idaho 83642 Attn: Shari Stiles RE: PRELIMINARY PLAT COMMENTS Dear Shari; 109 South 41h Stret. _ Boise, Idaho 83702 (208) 385-0636 Fax (208) 385-0696 RECE vED JUN 13 19V CITY OF NIERIVIA N After reviewing our files I found the letter we originally sent to you on June 23, 1995 (attached). However, since so much time has elapsed and the situation has changed I will re -address the comments as follows; the numbering of the responses refers to the numbering of your comments: 1. The original design of Packard Subdivision #1 included a five (5) acre park. When that proposal reached the City Council, the proposal met severe opposition due to the inability of the city of Meridian to acquire and maintain public park land. Although the original proposal left maintenance of the park in the hands of the Packard Subdivision Homeowners Association, the city wanted the proposal redesigned without the large park. The latest versions of the Packard Subdivisions proposal include over 2 acres of open space for use by the residents of Packard Subdivision. 2. The developers are willing to work with the city of Meridian for development of a pathway along that portion of the South Slough next to Packard Subdivision. No relocation of this waterway is proposed. 3. Perimeter fencing will be built in accordance with the Meridian City Ordinance and the findings of fact for the annexation. 4. A development agreement will be drafted by the developers in accordance with the findings of facts of the annexation and conditions of the preliminary plat. 5. Sewer and water extensions that are part of the project will serve the new school that is proposed on the Barnes property which is adjacent to the Northeast corner of Packard No. 1. 6. Access is available from Hickory Avenue thru Packard No. 1 on the South and Chemise Street on the West. Also Stub street to adjacent properties to the East and South have been provided. 7. The developers do not know of any "apartments" that have reportedly been constructed on Lot TEALEY'S LAND SURVEYING 109 SOUTH 4" STREET, BOISE, IDAHO 83702 * (208) 385-0636 PAGE 2 7, Block 2. It seems that if the city knows of a violation they should enforce their ordinance. The developers purchased the land as it now exists, with separate parcels for the original Brown and Borup houses. The owners of the original Brown and Borup houses have consented to being included in this development. Their affidavits are on file with the city attorney. 8. Arrows denoting the front lot line will be added to the plat for Lots 1, 3, 4 and 6 Block 7. 9. For those lots where the waterways will not be tiled, the area calculations will exclude the irrigation easement. However, for those lots where the irrigation easement is tiled and located with the normal setbacks, the area will not be excluded (§ 2-410 A, Footnote 8, Meridian City Code). 10. Phases lines will be added to the preliminary plat (attached). 11. Easements will be provided as required by City ordinance. 12. If any changes to existing natural features are required the developer will get the approval of the city of Meridian or the appropriate public agency. 13. Pressurized irrigation will be supplied to each lot as part of the system already constructed in Phase I of Packard No. 1. 14. We have provided buffering to adjacent properties where we believe the full development potential of the adjacent properties has occurred. It is obvious that the properties adjacent to Block 6 have not been fully developed and when developed will have the same zoning requirements. 15. All ditches will be tiled or a variance requested per the city ordinance. This will be further addressed in the development agreement. �G; 16. A.C.H.D. and the Meridian City Fire Department have approved these driving QS -widths. Please call at your earliest convenience if you should have any questions. Re ectf illy, Patrick A. Tealey Tealey's Land Surveying P.L.S. No. 4347 05/27/1997 16:50 208-385-0696 TLALETS LAND SURVEYING 91 LN Project No.: 1408 May 27, 1997 City of Meridian 33 East Idaho St. Meridian, Idaho 83642 Attn: Shari Stiles TEALEY'S LAND SURVEY r. io9 South 41, StreL $vise, Idaho 83702 (208) 385-0636 Fax (208) 385-0696 PAGE 01 Ll-�t e-�M- RE: PRELIMINARY PLAT CON WENTS Dear Shari; After reviewing our files I found the letter we originally sent to you on June 23, 1995 (attached). However, since so much time Inas elapsed and the situation has cbanged I will re -address the comments as follows; the numbering of the responses refers to the numbering of your comments:. 1. The original design of Packard Subdivision #1 included a five (5) acre park. When that proposal reached the City Council, the proposal met severe opposition due to the inability of the city of Meridiani to acquire and maintain public park land. Although the original proposal left maintenance of the park in the hands of the Packard Subdivision Homeowners Association, the city wanted the proposal redesigned without the large park. The latest versions of the Packard Subdivisions proposal include over 2 acres of open space bw use by the residents of Packard Subdivision. 2. The developers azo willing to work with the city of Meridian for development of pathway along that portion of the South Slough next to Packard Subdivision. No relocation of this waterway is proposed- 3. roposed 3. perimeter fencing will be built in accordance with the Meridian City Ordinance and the findings of fact for the amexalion. 4. A development agreement will be drafted by the developers in accordance with the findings of facts of the annexation and conditions of the preliminary plat. 5. Sewer and water extensions that are part of the pmt ect will serve the Dew sclwol that is proposed on the Barnes property which is adjacent to the Northeast corner of Packard No. 1. 6. Access is available from Hickory Avenue thru Packard No. 1 on the South and Chemise Street on the West. Also Stub street to adjacent properties to the East and South have been provided. 7. The developers do not know of any "apartments" that have reportedly been constructed on Lot 997 16:50 208-385-0696 I LRLt Y -) Lltil YL ` Ljf','J C i SLAND SURVEXING109 SOUTH 4- STREET, BOISE, IDAHO 88702 * (20B) 38"0636 PAGE 2 7, Block 2. It seems that if the city knows of a violation they should enforce their ordinance. The developers purchased the land as it now exists, with separate parcels for the original Brown and Borup houses. The owners of the original Brown anal Borup houses have consented to being included in this development. Their affidavits are on file with the city attorney. 8. Arrows denoting the front lot line will be added to the plat for Lots 1, 3,4 and 6 Block 7. 9. For those lots where the waterways will not be tiled, the area calculations will exclude the iaigation easement. However, for those lots wbex+e the irrigation easement is tiled and bated with the normal setbacks, the area will not be excluded (§ 2-41 Or A, Footnote 8, Meridian City Code). 10. Phases lines will be added to the preliminary plat (attached). 11. Easements will be provided as required by City ordinance. 12. If any changes to existing natural features are required the developer will get the approval of the city of Meridian or the approp.date public agency. 13. Pressurized irrigation will be supplied to each lot as part of the system already constructed in Phase I of Packard No. 1. 14. We have provided buffering to adjacent, properties where we believe the full development Potential of the adjacent properties has occurred. It is obvious that the properties adjacent to Block 6 have not been hilly developed and when developed will have the same zoning requirements. 15. All ditches will be tiled or a variance requested per the city ordinanm- This will be further addressed in the development agreement. . 16. A.0 -H D. and the Meridian City Fixe Department have approved these driving land widths. Please call at your earliest convenience if you should have any questions. Rewnctfidly, Patrick A. Tealey Tealey's Land Surveying P.L.S. No. 4347 WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. 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 MEMORANDUM MOM HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 GRANT P. KINGSFORD Mayor TO: Planning & Zoning Commission, Mayor and Council FROM: L. les, Planning & Zoning Administrator DATE: November 13, 1995 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER SUBJECT: Preliminary Plat for Packard Subdivision No. 2 by PNE/Edmonds Construction 1. The Comprehensive Plan indicates the need for a park in this area. With over 75 acres proposed for annexation in Packard Subdivisions Nos. 1 and 2, open space appears inadequate to mitigate the impacts of the subdivisions. 2. The South Slough is designated as a future pathway in the Meridian Comprehensive Plan. Construction shall be in accordance with the Ada County Pathway Plan and City requirements. Any relocation of the South Slough will negate its consideration as a "natural waterway" and will require tiling. 3. Perimeter fencing will be required prior to obtaining building permits. The South Slough shall be fenced with non-combustible fencing outside of existing/required easement to accommodate future pathway. 4. A development agreement is required as a condition of annexation. 5. No school capacity is available to serve this subdivision. 6. No access is available to this site at this time. 7. I have had reports that apartments have been constructed on Lot 7, Block 2. If this is the case, the lot does not conform to the R-4 zoning requirements. In addition, it appears that this proposed lot has already been split illegally. 8. All comer lots shall have a minimum of 80 feet of frontage. For purposes of calculating frontage, the line length plusone-hal f of the curve length is used. Some lots will need arrows indicating the direction the house must face (e.g., Lots 1, 3, 4 and 6, Block 7, etc.). P&Z Commission, Mayor and Council November 13, 1995 Page 2 9. Lot square footages are to be determined exclusive of irrigation easements. The South Slough area should be designated as a separate lot to be owned and maintained by the homeowners association. 10. Phasing -of this protect, if applicable, shall be indicated on the preliminary plat. 11. Easements shall be provided as required by City Ordinance Section 11-9-605.D. 12. Any changes to existing natural features shall meet the approval of the City of Meridian and the appropriate public agency prior to any construction activity taking place. 13. Pressurized irrigation is to be supplied to all lots within this subdivision. 14. Buffering of adjacent residential rural lots is required. While consideration has been given to some adjacent property owners, the lots in Block 6 do not show this same consideration. 15. All ditches crossing or abutting this property are to be tiled per City Ordinance unless a variance is granted. What is proposed for the Stokesberry Lateral and other ditches shown? 16. Driving lanes at cul-de-sacs ("knuckles") at north and south ends of N. Malachite Avenue, with a 21' width, do not appear to be adequate. 17. Applicant is to address all comments, in writing, and submit to the City Clerk's office. June 23, 1995 Meridian Planning and Zoning Commission 33 East Idaho Street Meridian Idaho 83642 RE: Packard Subdivision #2 - Response to Staff Comments Dear Members of the Commission: On June 22, 1995, during your public hearing regarding the above captioned subdivision application, you directed the applicants to address the comments and concerns of the City staff. Following are our responses to the comments from Ms. Stiles, Meridian Planning and Zoning Administrator. 02 The original design of Packard Subdivision #1 included a five (5) acre park. When that proposal reached the City Council, the proposal met severe opposition due to the inability of the city of Meridian to acquire and maintain public park land. Although the original proposal left maintenance of the park in the hands of the Packard Subdivision Homeowners Association, the city wanted the proposal redesigned without the large park. The latest versions of the Packard Subdivisions proposal include over an acre and one-half of open space for use by the residents of Packard Subdivision. .� 3 The developers are will to work with the city of Meridian for development of a pathway along that portion of the South Slough next to Packard Subdivision. No relocation of this waterway is proposed. C�4 The developers agree with this comment. 5 The developers are in the process of providing a development agreement for this proposal. Packard SubdAision #2 Project 1408 _ ] 06 The developers support the Meridian School District's plans for needed facilities. The developers also recognize that the children living in this subdivision will not necessarily attend the nearest neighborhood school. ip 7 The developers have an easement from the owner of the land lying between Packard Subdivision and Dove Meadows Subdivision (Instrument #94082998). This easement provides access to the site. This easement terminates upon the dedication of a public road upon the area described in the easement. 8 Arrows denoting the front lot line will be added to the plat for Lots 1, 3, 4, and 6 Block 7. 9 For those lots where the waterways will not be tiled, the area calculations will exclude the irrigation easement. However, for those lots where the irrigation easement is tiled and located with the normal setbacks, the area will not be excluded (§ 2410 A, Footnote 8, Meridian City Code). 10 Phase lines will be added to the preliminary plat. 11 The developers agree with this comment. 12 The developers agree with this comment. 13 The developers agree with this comment. A pressurized irrigation system will be developed and approved by the appropriate irrigation district and the City Engineer. Regarding the comments from the City Engineer's office concerning water pressure, we are awaiting the results of testing by the City Engineer and the Meridian Water Superintendent. Respectfully, Patrick A. Tealey Tealey's Land Surveying LM Ted Hutchinson Packard Subdivision #2 Project 1408 _ 2 MERIDIAN CITY COUNCIL MEETING: June 3,1997 APPLICANT: ITEM NUMBER; 7 REQUEST: PRELIMINARY PLAT FOR PACKARD SUBDIVISION NO.2 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: �. CITY FIRE DEPT: Ile 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. AT, 2 37 ay ow '4Z 2- ALLEMAN ,101 E. D! AN CIJf LI(1J7f 10. :J C1 b Irw rY •J LAM W"LY HAGS el ,o T ALETS LAND i o9 south a suer=- Boise, Idaho 83702 SURVEYING (208) 5-0635 Fax (20a) 385-0696 ----------,,� ` !7of Poet=d' Fax NOW 7871 Project No.: 1448 TO ,G. �i' Co - May 27, 1997 CoxNvt 0. ."r 1 ` rw- City of Meridian 33 East Idaho St- d Meridian, Idaho 83642 Atte: Shari Stiles U' RE: PRELP&NARY PLAT COMMENTS Dear Shari; After reviewing our files I found the letter we originally sent to you on June 23, 1995 (attached). However, since so much time has elapsed and the situation has cbanged *I will re -address the comments as follows; the numbering of the responses refers to the numbering of your comments:. 1. The original design of Packard Subdivision #1 included a five (5) acne park. When that proposal reached the City Council, the proposal met severe opposition due to the inability of the city of Meridian to acquire and maintain public park land. Although the original proposal left mainter c e of the park in the hands of the Packard Subdivision Homeowners Association, the city wanted the proposal redesigned without the large park. The latest versions of the Packard Subdivisions proposal include over 2 acres of open space :for use by the residemts of Packard Subdivision 2. The developers are willing to work with the city of Wridiian for development of a pathway along that portion of the South Slough next to Packard Subdivisions. No relocation of this waterway is proposed. 3. Perimeter fencing will be built in accordance with the Meridian City Ordinance and the findings of fact for the annexation. 4. A development agreement will be drafted by the developers in accordance with the findings of facts of the annexation and conditions of the pmlimb3ary plat. 5. Sewer and water extensions that are part of the project will serve the new school that is proposed on the Barnes property which is adjacent to the Northeast corner of Packard No. 1. 6. Access is available from Hickory Avenue thru Packard No. 1 on the South and Chemise Stmt on the West Also Stub street to adjacent properties to the East and South have been provided. 7. The developers do not know of any "apartments" that have rcportedly been conswxted on Lot TRALEY'S LADM SURVEYING log SOUTH as STREET. BOISE, IaAHO 833702 * (205) 385-0635 PAGE 2 7, Block 2. It seems that if the city knows of a violation they should enforce their ordinance. The developers purchased the land as it now exists, with separate parcels for the original Brown and Borup houses. The owners of the original Brown and Borup houses have consented to being included in this development. Their affidavits are on file with the city attorney. 8 Arrows denoting the front lot line willbe added to the plat for Lots 1, 3,4 and 6 Block 7. 9. For thow lots where the waterways will not be filed, the area calculations will exclude the irrigation easement. however, for those lots where the irrigation easement is tiled and located with the normal setbacks, the area will not be excluded (§ 2-41 GA, Footnote S, Meridian City Code). 10. Phases lines will be added to the preliminary plat (attached). 11. Easements will be provided as required by City ordinance. 12. If any changes to existing natural features are required the developer will get the approval of the city of Meridian or the appropriate public agency. 13. Pressurized irrigation will be supplied to each lot as part of the system already constructed in Phase I of Packard No. 1. 14, We have provided buffering to adjacent. properties where we believe the full development Potential of the adjacent properties has occurred. It is obvious that the properties adjacent to Block 6 have not been fully developed and when developed will have the same zoning requirements. 15. All ditches will be tiled or a variance requested per the city ordinance. This will be further addressed in the developnaml agreement. 16. A.C.11D. and the Meridian City Fire Department have approved these driving land widths. Please call at your earliest convenience if you should have any questions. Re fly, ,� Patrick A. Tealey TeaWs Land Surveying P.L.S. No. 4347 MIWAM G. BEIM JR.. Cay Clerk JANICE L GABS. my'rawam "W D. SMITH, P.E. CIIy Erglnear ESUCE Q STUARr. Vftw Wmks SWC .X" L "W=XrE WAIN waw gum PENN(8J. SUMMERS. Pwft Supe WART L STRZO, r & 2 Ad abar PATTY A. WOLFKIFL DMV Suprnviaor KENNETH W. BQWERIj� FirmCJflpf WAYNE G. CROOKSTON, JR, Atfemey HUB OF TREASURE VALLEY A Good P we t otove Li CITY OF -M ERIDIAN 33 FAST IDAHO MERIDIAN, IDAHO 183642 Phone (208) SU -4433 • PNC (2W W-4813 Public WMkWZa>lrha=1grulm= (208) 887-2211 P'jax Vahkimlod m tam® (208) US -4"3 MEMORANDUM (WANT R 1014cSFKXW TO: Pbxnning & Zonmg Comnussion, Mayor and Council ZFROM: I - es, Planning & Zoning AdministTatT r DATE: November 13, 1995 RCNAtD R. TaLsw MAX ` ERAINGM4 ROBERT D. CCRRIE WAIT VL MORROW SUBJECT: Preliminary Plat for Packard Subdivision No. 2 by Pf-WEdmomis Construction 1. The C0MprehC=ve Plan indicates the need for a park in this area_ With over 75 acres Proposed for anncxatian in Packard Subdivinow Dios. l and 2, open space app= 14 to mitigzft the impacts of the subdivisions. 2. The South Slough is dempabed as a future pathway in the Meridian Cvmpral=sive Plan. Construction shall be in accordance with ft Ada County Paltltway Pian and City xeemenis. Any relocation of the South Slough will negate its consideration as a "nahaml waterway" and will require tiling. 3. Pet imete~r fencing wffl be regaircd prior to obtauxmg building permits. The South Slough shall be fenced with non-cumbus" fencing outside of ezi3ftgfregUwW easem= to accommodate future pathway. 4. A development aV=mwnt is required as a condition of anne cion. 5. No school capacity is available to serve this subdivision. 5. No access is available to this site at this time. 7. I have lead reports that aP2= ms have been Constructed on Lot 7, Block 2. If this is cbe case, the lot does not conform to the 12-4 ==ng req==enm. In addition, it appears that this pnqoscd lot has ahendy been SpIft inky, 8. All corner las shall have a minimum of 80 feet of frontage. For purposes of ming frontage, the lime la2gth Plus of the curve length is used. Some lots wW need arrows ing the direction the hoarse must fou (e.g., Lots 1, 3, 4 and 5, Block 7, etc.. P&Z Commission, Mayor and Council November 13, 1995 Page 2 9. Lot square footages are to. be determined exclusive of irrigation easemets. The South Slough area should be designated as a separate lot to be owned andmaintained by the homeowners association. M. Phasing -of this project, if applicable, shall be indicated on theell pa' minary plat - 11. Easements shall be provided as required by City Ordinance Section 11-9-605.D. 12. Any changes to existing natural features shall meet the approval of the City of Meridian and the appropriate public agency prior to any construction activity taking Place. 13. Pressurized irrigation is to be supplied to all hots within this subdivision. 14. Buffering of adjacent residenrial rural Intl is req need. While consideration has been given to some adjacent property Owners, the lots in Block 6 do not show this same consideration. 15. All ditches crossing or abutting this property are to be riled Per City Ordinance unless a variance is granted. What is proposed for the Stokesberry Lateral and other ditches shown? lb. Driving lanes at cal -de -sacs ("lmuckies") at north and south ends of N. Mblarhite Avenue, with a 21' width, do not appear t6 be adequate. 17. Applicaut is to address a11 comments, in writing, and submit to the (Sty Clerk's office_ June 23, 1995 Meridian Planning and Zoning Commission 33 East Idaho Street Meridian Idaho 83642 Irc:u r -Y 5 LAND Y PAGE 85 RE: Packard Subdivision #2 - Response to Staff Comments Dear Members of the Commission: On June 22, 1995, during your public hearing regarding the above captioned sAxfivision application, you directed the applicants to address the comments and concerns of the City staff Following are our responses to the comments from Ms. Stiles, Meridian Plaiming and Zoning Administrator. 2 The original design of Packard Subdivision #1 included a five (5) acre park When that proposal reached the City Council, the proposal met severe opposition due to the imbil ty of the city of Meridian to acquire and mai>nain public park land. AWmugb the original proposal Ieft maintenance ofthe park in the hands of the Packard Subdivision Homeowners Awocuwoz; the city wasted the proposal redesigned without the large park. The latest versions of the Pacimrd Subdivisions proposal include over an acre and ont-. half Cf open space for use by the residents ofJ'aaknrd Subdivision. 03 The developers are will to wank with the city of Meridian for development off pwjrw y along that portion of the South Slough next to Packard Subdivision No relocation of this waterway is proposed. 04 The developers agree with this comment. 6) 5 The developers are in the process of providing a development agreement for this proposal. 9WW#2 thea ins ` 1 A- -- cuu-ao:�-uo�o I LALt.Y' S LAND SURNEV PAGE 86 The developers support the Meridian School District's plans for needed facilities. The developers also recognize that the children living in this subdivision wdl not necessarily attend the nearest neighborhood sclmL (q 7 The developers have an easement fi- m the owner of the land lying between Packard Subdivision and Dove Meadows Subdivision (Instrument #94082998). This easement provides access to the site. This easement team fiWes upon the dedication of a public road upon the area desmbed in the easement. 8 Arrows de coring the front lot line will be added to the plat for Lots 1, 3, 4, and 6 Block 7. 19 For those lots where the waterways will not be tiled, the area calculations will exude the irrigation esseament. However, fbr those lots where the irrigation easement is tiled and located with the normal setbacks, the area will not be excluded Q 2-410 A, Footnote 8, Meridian City Code). 10 Phase fines will be added to the preliminary plat. 11 The developers agree with this comment 12 The developers agree with this comment. 13 Tice developers ages with this comment. A irrigation system wi71 be developed and approved by the appropriate irrigation district and the City Engineer. Regarding the comments from the City Engineer's officeConcerning water p�� we are awaiting the remits of testing by the City Engineer and the Meridian Water- Superintendent. Rft7ectfuoy, Patrick A. Tealey Tealey's band Surveying Ted Humbfi n PadcArd Subdiviam #2 mea 14" -2- Meridian City Council May 20, 1997 Page 12 Rountree: I make a motion that the Meridian City Council adopts the findings of fact and conclusions of law as prepared by Planning and Zoning. Bentley: Second Morrow. It has been moved and seconded to adopt the findings of fact and conclusions of law as prepared by Planning and Zoning, roll call vote. ROLL CALL VOTE: Bentley - Yea, Rountree — Yea, Tolsma — Yea MOTION CARRIED: All Yea Morrow: Is there a decision? Rountree: I move that the Meridian City Council approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law and that the property be required to meet the water, fire, sewer requirements, life safety codes, uniform fire code, parking, paving and landscaping requirements and all of the ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City. Bentley: Second Morrow. It has been moved by Mr. Rountree, second by Mr. Bentley to approve the decision as read all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING OF APPROXIMATELY 35.23 ACRES TO R-4 BY PNE/EDMONDS CONSTRUCTION: Morrow: Counsel, question with respect to the findings of fact and conclusions, did we table, we asked for new findings of fact and conclusions based on new information at our last public hearing. Crookston: That is correct. Morrow. So, I think it is appropriate then that we take action on this and then hear the continued public hearing on the preliminary plat. Or, if you prefer we can invert the sequence of these two items and hear the preliminary, the continuation of the preliminary plat and then step back and either approve or change the findings of fact and conclusions and then approve the preliminary plat or disapprove the preliminary plat as you desire. Meridian City Council May 20, 1997 Page 13 Crookston: I don't see that the preliminary plat is on the agenda. Morrow: It is item #10, it is a continuation of a public hearing from last meeting. Crookston: That is up to the decision of the Council on how you wish to do that. I would say that it would be appropriate not to take action on the findings of fact if you are going to put the plat on before that. Morrow: Well my point is as an option that the council has is they wish if they are not totally comfortable with the findings of fact and conclusions or if they wish for further information concerning the preliminary plat before adopting or modifying the findings of fact and conclusions. Mr. Bentley? Bentley: I myself am not comfortable with these findings so I would be in favor of listening to the plat. Rountree: I think the continuation of the hearing on the preliminary plat may add some specificity and clear up some of those issues with the findings. Tolsma: I have the same comment that Charlie does. Morrow. is there a motion to reverse the order of agenda items 9 and 10 then? Rountree: So moved Bentley: Second Morrow: It has been moved and seconded to reverse the order of items 9 and 10, all those in favor? Opposed? MOTION CARRIED: All Yea Morrow, we will now take up item #10 on the agenda which is a continued public hearing (End of Tape) ITEM #10: PUBLIC HEARING CONTINUED FROM MAY 6, 1997: REQUEST FOR A PRELIMINARY PLAT FOR PACKARD SUBDIVISION NO. 2 BY PNE/EDMONDS CONSTRUCTION: Morrow: Mr. Tealy I believe that is you. Pat Tealey, 109 S. 4th Street, Boise, was sworn by the City Attorney. Meridian City Council May 20, 1997 Page 13 Crookston: I don't see that the preliminary plat is on the agenda. Morrow: It is item #10, it is a continuation of a public hearing from last meeting. Crookston: That is up to the decision of the Council on how you wish to do that. I would say that it would be appropriate not to take action on the findings of fact if you are going to put the plat on before that. Morrow: Well my point is as an option that the council has is they wish if they are not totally comfortable with the findings of fact and conclusions or if they wish for further information concerning the preliminary plat before adopting or modifying the findings of fact and conclusions. Mr. Bentley? Bentley: I myself am not comfortable with these findings so I would be in favor of listening to the plat. Rountree: I think the continuation of the hearing on the preliminary plat may add some specificity and clear up some of those issues with the findings. Tolsma: I have the same comment that Charlie does. Morrow: is there a motion to reverse the order of agenda items 9 and 10 then? Rountree: So moved Bentley: Second Morrow: It has been moved and seconded to reverse the order of items 9 and 10, all those in favor? Opposed? MOTION CARRIED: All Yea Morrow, we will now take up item #10 on the agenda which is a continued public hearing (End of Tape) ITEM #10: PUBLIC HEARING CONTINUED FROM MAY 6, 1997: REQUEST FOR A PRELIMINARY PLAT FOR PACKARD SUBDIVISION NO. 2 BY PNE/EDMONDS CONSTRUCTION: Morrow: Mr. Tealy I believe that is you. Pat Tealey, 109 S. 4th Street, Boise, was sworn by the City Attorney. Meridian City Council May 20, 1997 Page 14 Tealey: I received a copy of the findings of fact before the meeting and read through them. There appears to be four major points. I will try to limit my comments to those four major points because evidently there are some questions about the findings or I guess whether or not they have been addressed or not. The first is the sewer, we have worked out a plan with the City Engineer, there will be the grade that is recorded by the City the four tenths grade there will be no three tenths grade as indicated in the last meeting. We have done this by raising the sewer in Packard No. 1 which is already an approved subdivision. This will eliminate the lift station at the northwest corner of Packard No. 1 and move it down to the northwest corner of Packard No. 2. This sewer lift station will then be eliminated with connection to south slough sewer when it is advanced to our property. This can either be worked out by the City or us with an easement through the Alleman property. There is no question any more about grades or service ability of the sewer. Irrigation, we will provide access and maybe, do you want me to stop now and let the city engineer (Inaudible) Morrow: We can deal with that at the conclusion of your presentation. Tealey: Okay, irrigation, we will pipe all irrigation ditches through the property as the phases of the subdivision occur. We will provide delivery of water in its present delivery point and capacity to the surrounding properties as it required by City ordinance and State code. These irrigation ditches will be tiled and constructed during off season time so as not to disrupt any irrigation water that will be flowing to these lands during the growing farming season. The fencing of the property was a third issue, the property will be totally fenced as a result of this subdivision with fences that are consistent with the farming practices on two sides the Alleman property and I believe the Reichert property on the south. If there are any other conflicts with Farming practice the appropriate fence will be up again as stated as the phases of the subdivision are approved. We sort of see this thing developing in one of two areas. First area being the old Borup parcel approximately 12 acres if we develop from the south to the north or the Brown property if we choose to develop from the Chamberlain Estate side. If we do a phase on this portion of the property this whole 12 acres will be fenced with the first phase. In other words if we just do a phase down here this whole property will be fenced. If we choose to start development phase over in here this whole 23 acre parcel will be fenced so as not to have a conflict with the adjacent farming practice which is along the South slough here and I believe it is Dixie Robert's property here on Wingate. The other issue is Wingate Lane itself we propose no access to Wingate Lane whatsoever as part of this plat. There will be a crossing of Wingate Lane for emergency vehicle purposes only. The road that does come up to Wingate lane will have ballards put in it so that there will be no vehicular traffic across Wingate Lane, emergency vehicle access only. If there are any other questions I would be glad to answer them. Morrow: Mr. Tolsma? Mr. Rountree? Rountree: Show me the proposal on Wingate Lane on the plat? Meridian City Council May 20, 1997 Page 15 Tealey: This is Wingate Lane running from north to south, this road here will dead end at Wingate with Ballards here. This road here will dead end at Wingate Lane with Ballards here for emergency access vehicular access across here. This plan has been approved by the Ada County Highway District and the City of Meridian in prior discussions. There is no access at all from this lot or any of these lots that back up to Wingate Lane. These will all be Wingate Lane itself will be totally fenced off other than the emergency vehicle access across this road here. Rountree: So what you are saying by totally fenced off those lots that are in your eventual subdivision would not have access to Wingate Lane Tealey: Absolutely no access to Wingate Lane. Morrow. Mr. Bentley questions? Bentley: I have a question on the irrigation, are you going to do that in phases or are you going to do it all at once? Tealey: The irrigation will be done in phases as we pipe it through the subdivision phases. We will not pipe the irrigation through the total 35 acres until the phase gets there. In other words, Mr. Alleman has access to that ditch and anybody else who may have access to it we will pipe that ditch through the subdivision as part of the phasing. We will provide pressure irrigation to our lots through the system that we have now. Bentley: In the last meeting we had there was discussions on if they have a problem getting their water that it would be piped. Tealey: If for some reason we fail to clean the ditches on a regular basis so the delivery of water is denied to Mr. Alleman the way I understand it is the applicant will be forced to tile the ditches in their entirety and if he doesn't do that the property be de -annexed. Bentley: Next, do you have any plans in your plat there for open areas for parks? Tealey: In this phase of Packard Subdivision we don't have any large open areas for parks, we provided that in the first phase of Packard No. 1 approximately 5 acres worth. Morrow: Any further questions or comments Ms. Stiles? Stiles: I believe you have all my comments in my previous memorandums. Morrow. Mr. Smith, I think there is a direct question in terms of the sewer issue or an update on the sewer issue. Smith: Yes, Mr. President and Council members, David Marks from Tealey Land Surveying did bring in a plan view of the sewer line for number 2 that would sewer back Meridian City Council May 20, 1997 Page 16 or actually it would sewer through number 2 and also carry the sewage from number to the northwest corner of number 2 at minimum grades four tenths percent there wouldn't be anything less than four tenths percent Then the sewage would either be handled by a lift station or into an extension of the south slough interceptor depending upon negotiations between the land developer and Vern Alleman. They did have some revisions to Packard No. 1's development plans that raised the sewer from what was designed so that this would all work and still maintain the cover that we needed on a sewer in Packard No. 1. 1 think that pretty well answered my questions on the sewage or the sewering of these two pieces of property. Tolsma: I have a question for Gary, by raising the elevation on this and moving the lift station or doing away with the lift station is this still going to gravity back over to where the school is going to be built off of Eagle Road there? Smith: Yes, they showed a sewer line stub to that corner of that property approximately 9 feet deep. I don't know where the school is to be located but it appeared to me that with the grade of the existing ground out there falling from the east to the west if you start at the west end at 9 feet deep you should be able to maintain an adequate depth by the time you get to the east boundary or to Eagle Road. They did not have survey data, topog data for that piece of ground that 20 acres. But just a feeling, my feeling the way the land runs in this area that if you are going upgrade with a sewer you should be alright. Mr. President, I did have another question, I think I heard Pat say that the Highway District had approved closing off what would be Challis Street at Wingate is that correct Pat? Tealey: Yes, we went through that in their meetings that was a solution to the problem. Smith: Does that create any problem on access to Locust Grove in terms of number of lots on a single access. Because I think Chamberlain only has on access doesn't it? Tealey: It filters back down, our map doesn't go far enough. But I think Chamberlain does have only one access that is correct. The secondary access the emergency vehicle access would be through this ballard portion of the road. Smith: That was my only question was I understood the highway district in the past had a policy of 100 lots on a single access or 1000 trips per day. If they have changed that I don't know. Tealey: Their comments were specific to this subdivision with the number of lots that were shown in Chamberlain Estates also. They approved this total concept, we do provide access points to go out to Ustick in the future if the Alleman property is ever developed so it will provide another access from Ustick. The traffic consultant showed this access as such and the Highway District approved it in our traffic study that was addressed. Meridian City Council May 20, 1997 Page 17 Smith: Mr. President, Pat that means there will then be a turn around on the east side of Wingate Lane for that section of Challis is that correct. Tealey: The turn around essentially is affected by this motion right here. This is only one lot deep so that they don't require a turn around. This right in here they didn't require a turn around if they do we will address that as part of our site specific when we get to submitting the final plat on this portion of Packard No. 2. They did not make specific comment to a culdesac. Smith: I think it would be my recommendation that a turn around be provided down there because it is four lots deep, if they are not going to be able cross Wingate I think they need to have some way to turn around without backing out 400 feet. Tealey: The developer wouldn't have any problem with a turn around in that area. This was not addressed by the Highway District, this is the first time it has come up. Morrow: Any other questions of staff? Rountree: Just an indication from staff, apparently we haven't received the minutes or the action on the part of ACRD? Stiles: Not that I am aware of. Rountree: I haven't seen anything. Stiles: I had one comment, Mr. Tealey indicates he thought he had responded to my comments earlier I still have not received any response to those comments. Tealey: Just an answer to one of the questions, there are two access for Chamberlain, I think if you look on your City maps you can see two access points. Excuse me there will be one access through Chamberlain and then chamberlains connects to another road down in Chateau Meadows I believe and it gets out that way Morrow: While you are there Mr. Tealey would you respond to Mr. Stiles comments about have you responded to her comments in writing? Tealey: All of her, I think she had in this, are you referring to item #32 in these findings of fact? All of those items are addressed on this preliminary plat Stiles: I don't believe any of these comments have been addressed and I, it said that you are to submit your response in writing. Tealey: Those are the comments that I was looking for in the package from 1995 and in fact this thing is asking us to address it as part of a 75 acre. It was part of the total package of the 40 acres of Packard NO. 1that have already been approved and such. Meridian City Council May 20, 1997 Page 18 So I assume that all of these have been answered or it will be answered. They certainly can be answered, there is nothing in there that presents a problem whatsoever. Stiles: I would like to see this addressed in writing prior to any action being taken. I think two years is long enough to wait. Morrow: Final questions of Pat? Thanks Pat, this is a continuation of the public hearing is there anybody else from the public that would like to offer further testimony? Mr. Alleman Vern Alleman, 2101 East Ustick Road, Meridian, was sworn by the City Attorney. Alleman: Thank you for the opportunity to testify on this subdivision. I have a hard time separating preliminary plat and facts and findings so I will just go through mine as I have prepared it which is probably covering both. I need to clarify an answer I gave to a question by Mr. Rountree, he asked me, this was at the last meeting, he asked me if I favored this subdivision, I tried to look at things from a broad view and that was what my answer was based on. From a strictly personal view I would prefer that it remain like it was before the developer purchased it. The following is made to findings of fact and conclusions of law. Reference is made to item 19, page 12 which reads as follows, "the construction of irrigation system will occur in the winter", now this is a reply from the engineer, "so as not to interrupt the delivery of irrigation water. Situations do occur in which a contractor does not do what he is supposed to or to (inaudible). This is not specific enough, this allows the developer too many (inaudible) and this couldn't get done on time. Then there is the question of what is the irrigation season or the contractor couldn't do it when we needed it done. I request that it specified it must be started after October 15 and completed before March 15. There is no reason they cannot start it in the last of October which would be more than adequate time to complete it well ahead of the dead line. Reference is made to item 32 A page 41 which reads as follows, " the Meridian Comprehensive Plan indicates the need for a park in the area of the property." My understanding was that they did away with the five acre plot on the Packard No. 1 if it is still there I would like to see it. With over 75 acres annexed or proposed for annexation in Packard No. 1 and Packard No. 2 open space appears inadequate to mitigate the impacts of both subdivisions. I request that you address this issue now and I ask you to decide if a park is needed now or in the future. If you find that there is a need now or in the future for a park please address where and how land will be provided. I beg you address this question now even if it will be needed at a later date. I plead with you don't ignore this issue now and then at a later date come to me and say we didn't take care of this when we should have and now we need your land to solve our problem. I would like clarification of item 32 D and F on page 21 of the facts and findings. Now my facts and findings are the ones from Planning and Zoning so if there are new ones I haven't had access to them. Reference is made to item 33A page 23 which states, "any existing irrigation, drainage, ditches crossing the property to be included in the proposed project shall be tiled per City ordinance 11-9- 605 M. The ditches to be piped are to be shown on the preliminary plat of the proposed Meridian City Council May 20, 1997 Page 19 subdivision. Plans will need to be approved by the appropriate irrigation, drainage district or lateral user association which written conformation of said approval submitted to the Public Works Department. No variance has been requested for tiling of any of the ditches crossing the proposed property. I haven't seen anything on the preliminary plat covering the ditches across the property and request approval of the preliminary plat be denied until this is shown and the irrigation district and the lateral users approve the plans. It is my understanding that once this property is annexed it is the obligation of the developer to maintain the irrigation ditches crossing the property. I wish to compliment Mr. Morrow for the motion he made pertaining to Packard No. 1 subdivision whereby if the developer doesn't maintain these ditches he will be required to tile the complete system immediately. I request this same provision be made applicable to Packard No. 2 subdivision and reference is made to site specific comments and page 26 which pertains to pressurized irrigation. It is my understanding the water needed for pressurized irrigation during the off irrigation season will utilize Meridian city water. Should there be any change from this such as drilling a well it should be cleared with the Idaho Water Resources agency and we the surrounding private property owners of private wells should be notified so we can protect our private water. Then in this last item is in general so it is not pertaining to a specific subdivision, reference item #53 page 31, concerns increased population not paying for the impact need for services and so forth and thus imposing additional cost for those that have been here prior to all of this development. I ask that impact fees be implemented on new development to correct this problem. I stand for any questions that you may have thank you. Morrow: Questions for Mr. Alleman? Rountree: Would you repeat the window of time for the construction on irrigation? Alleman: October 15 to March 15. Rountree: And that would be a period of time where work on the irrigation system would be acceptable? Alleman: Yes, it would need to be started after October 15 and completed prior to March 15. Bentley: Is October 15 their date certain for shutting the water off this year with the high water we have? Alleman: Not necessarily but I think a person can live with the possibility of that late watering getting by. Morrow: Any further questions of Mr. Alleman, is there anyone else from the public that wishes to offer testimony? Don Brian, 2070 N. Locust Grove, Meridian, was sworn by the City Attorney. Meridian City Council May 20, 1997 Page 20 Brian: As a matter of saving time I would just like to make sure my testimony that I gave at the previous testimony gets recorded into this meeting which I believe it will ver batim. As in that same idea I would like to get an answer to my question on the traffic study. That is my biggest concern on this subdivision since it putting out all the traffic out to Locust Grove which is the road that I exit on. When I stated at the previous meeting about the traffic study that was done in the packet that you have the one that I got and is public record with 10,000 trips per day now and the last traffic study that I know about was done in 1994. 1 was wondering if there is a new traffic study and if I can get a copy of the findings on what that traffic study found as far as the amount of vehicles on Locust Grove and how this is going to affect that. With the construction of widening Locust Grove not to happen until 2001 1 think it is going to be a major problem on Locust Grove for the next 4 years. So that is only thing that I would like to take up your time with tonight. Tolsma: I think he has a well sounded comment (inaudible) Brian: Anyone who does up and down Locust Grove Road knows what it is like and if you can't, like I stated previously if you don't get out before 7:00 in the morning you might as well have breakfast on the way. Stop at the end of your driveway and finish it off Bentley: I want to know what your feelings were on his responses to the fencing of the irrigation? Brian: Well I don't feel it is my place to speak on it in regards to this subdivision because it doesn't affect me directly but I will because I have been affected directly with the development around me. The fencing has always been a problem and they didn't require fencing when they developed around me and it was a problem. They need to fence the whole subdivision at once and not in phases to contain the whole the mess an the people mostly the people. When you have a situation like Wingate Lane you have a lot of horses and livestock out there and you are going to have to keep the people they are going to have to take special steps to keep the people away from these rural areas because it becomes a petting zoo and that is going to have to be looked at real seriously to avoid future problems. Bentley: And the irrigation? Brian: I think we have the irrigation taken care at the last meeting with their agreement to be required to tile it if any problems come up down the road. Morrow: Anybody else from the public that would like to offer further testimony? Helen Sharp, 2445 Wingate Lane, Meridian, was sworn by the City Attorney. Meridian City Council May 20, 1997 Page 21 Sharp: I apologize for my voice but it is something I can't control. I don't know if that is good or bad, but anyway my big concern right now is the comment "I think" this is what is going to happen. We are right back to square one we don't have definites. I don't care what kind of fencing they got and I don't care if they build something designed like the TajMahai I would not like to see the zone change and I would not like to see the development because I moved out to the rural area to have just what we have got a private lane with few houses. The 20 acres is against Wingate Lane would be developed. What happens to that phase of Wingate Lane as our friend that is at the end of Wingate Lane has land and he can't build there and it borders against Wingate Land and Ustick Road and has been told he cannot build there. I am having a little problem too with they say we have all the problems resolved with the sewer and the water irrigation. What happens with the flood irrigating and we have water under new houses because of the run off. Now we know that is a fact we know it has happened because there has been pending and threatening of lawsuits. Somebody buys a new house and finds out I have six inches of water under it, who do I go after, the guy that has the run off water he was there long before they built the house and the subdivision was made. think it is something that needs to be seriously considered. We have a very high water table and they say you won't have that much flood irrigating, are you going to stop people from sprinkling and that is still going to saturate the ground. You will have more houses watering so are you saying then there isn't going to be as much water used. You are still going to have to have a (inaudible) and something to handle that water run off because there is a high water table. We may not have had as much problem when we had (inaudible) but with the abundance of water we could have a very serious problem and we have just a spot under our house where we keep a pump and when the water table is high we do pump water in July and August. What is that going to do to the subdivision. We can still put dry lines as I mentioned before into these subdivisions and make sure the people (inaudible) that they have to be well aware of the fact that if the sewer line is there and the sewer is available they have to hook up. We know that, that was one of the issues with the meeting that we were here the first of the month, one young couple is faced with that very problem. I think that because there is not a great need at this time for housing that they should wait until phase one is done to see how that goes before we get too involved with phase 2. We are talking about emergency equipment going across Wingate Lane and only then. I have a letter in my hand that was addressed to Mr. Floyd Reiterate, a copy sent to us dated January 2, 1996 and I am not going to read all of it but a paragraph so states, "Since E. Meadowgrass terminates at your east property line you will have full access to it. The developer is required to install a barricade at the end of the public street. But it typically does not extend across the entire width of the street and since the street abuts your property you may drive around the barricade and use the public street as you would any other property owner who's land abuts the public right of way. Similarly you can access East Challis Street by driving north along the Wingate Lane easement only the (inaudible) to block public usage from Wingate Lane and use that public right of way also. We haven't been that we are going to put gates on there and once one car goes around a barricade you can imagine the others are going to bypass that. So this is in black and white from ACHD and we have a date on that. I think that again is that really needs to be Meridian City Council May 20, 1997 Page 22 addressed. I think we are right back and I think we should consider the staffs recommendation until we have cold, hard facts and definites on a plan it should be denied. Thank you Morrow: Questions for Mrs. Sharp? Rountree: I know it is your only copy but can you get us a copy of your letter from ACHD? Dixie Roberts, 2855 Wingate Lane, Meridian, was sworn by the City Attorney. Roberts: Well my statement stays the same as last time. I still have concerns and everything 1 think that has been said has been very vague. As far as the irrigation I think is the biggest thing for me and should this go through I would like to see the whole thing tiled all at once and at the beginning. Of course the fencing is a concern of mine because of the animals. They talk about fencing their part but I think it really boils down to fencing mine also should this go through. Everything I think is very vague and I think it would ruin our country living there and I am very much opposed to this. That is basically what I have to say. Morrow: Is there anyone else from the public that would like to offer testimony? Al Dauven, 2820 Wingate Lane, Meridian, was sworn by the City Attorney. Dauven: I guess I stand on my statement from the last time and it doesn't seem like you guys are taking in the animal factor and the amount of houses you are putting in this area. So I think that I am dead against this I think they should be big lots and they should probably have a berm hill around them with a fence on top if it. Because that might discourage little kids from crawling over it. The animal factor has to come into it some time. If it is not going to come into it then there is something wrong. As far as this Council goes I don't think that we might be in your impact area but you guys are negligent to govern in your impact area as well as Ada County is too. When you are addressed with an ordinance violation nobody will address it. So what happens when we are outside the City limits and we have these people that are in the City limits dumping their garbage over the fence. We are in the same situation once again. Nobody takes responsibility for it. So I think maybe we better back up and look at what has happened there so far. Browns are operating I don't know what you want to call it a garage or junk yard or whatever. They broke that property off and sold it. Mr. Alleman sold that property to his brother so it was already split once. You cannot keep splitting property without going through zoning. It doesn't fall under the five acre requirement, neither does the Borup property with the house there. Somebody is going to have to address this and somebody is going to have to be the governing body. So who is going to take responsibility. So I think somebody has to step up here pretty quick. If you guys don't want to take it then throw us back to Ada County. That is all I have to say. Meridian City Council May 20, 1997 Page 23 Morrow: Anyone else from the public that would like to testify? Floyd Reichert, 2575 Wingate Lane, Meridian, was sworn by the City Attorney. Reichert: I have always been in favor of the subdivision out there around because I have been out there 30 years and like I say there are a lot of problems with the lane. I can go ahead like Mr. Dauven did and go on and on but I would like to have them on the east side of the lane ever show me that they have anything in their deeds or right of ways from the conception of their property being broke off consistently from the 50's (inaudible). The right of way we have in front of our place is a road agreement it was 1903/1908 is the east boundary of the property owners on the west side of that lane. When I bought my place that was on my deed and I would like to see everybody else show me facts that they instrument number is attached to their property. But on the request I had from Ada County Highway when the subdivision was coming in yes would like to have that road abut my property on the east line so I can move my driveway over from the house and modify it so I can cross the lane and go out onto a paved street and go to Fairview. I would not like to see that blocked off that I don't have access to drive around. I own the property to the access the public right of way why should I be blocked off from it. I have made an agreement with the developer on the north of my property when they do the fence I can have right of way to get off, I will have to redo my driveway again to get off on the north side to go out on the other road to have access to the public road so that it can be fenced so it won't be hindered. If we don't take into consideration the future you don't have to worry about a park down there. My piece of property isn't going to be worth nothing so there is going to be open property down there that the kids can some down and play on it on my five acres because it isn't going to be any good to me or I can't sell it. If you don't have access for the future of that community out there that is all I have to say. Morrow. Questions for Mr. Reichert? Anybody else from the public that would like to offer testimony? Billy Jo Premoe, 3045 Wingate, Meridian, was sworn by the City Attorney. Premoe: I would also like to go on record again as being opposed the subdivision for the traffic, for the concern of people coming on our lane. If there is emergency access I am sure there is going to be filtering down problems with the lane and we are really concerned about that about the animals on the lane. Also, the lack of planning for a park, all of these things concern us and our quality of life. First and foremost we all moved out there with one thing in mind and we are going to lose it if this subdivision goes through. Thank you. Morrow: Thank you, anyone else? Dale Sharp, 2445 Wingate Lane, Meridian, was sworn by the City Attorney. Meridian City Council May 20, 1997 Page 24 Sharp: I also oppose this zoning and also the preliminary plat and spelled out by Mr. Alleman there are certainly quite a few concerns there that I agree with. Also in the findings of fact that I have I don't have the most recent but it said that provide pedestrian bicycle access across Wingate Lane and we are opposed to that because this is a private road and we want to keep it such. These gates that we are talking about should be adequate enough to restrict any bicycle or foot traffic over Wingate Lane, there is liability involved here and we certainly don't want to be involved with that. As far as fencing, it should be entire fencing of the whole project so that we don't have all of this trash come over from the housing when it is being built. As I have had happen on the south of me on the Woods and they developed that. As far as the gates are concerned or the barricades they have barricade on a street that abuts my property the Nampa Irrigation (inaudible) we have, we finally put a cable across there with a sign up that said no trespassing. People pay no attention to that, they come across there. They were coming through with their motorcycles and cars and everything else. We padlocked a cable across there. On the east side of my property on Nampa Meridian Irrigation we also need a fence across the road there so Nampa Irrigation road so that if this is, even with phase one we need that there to keep those people from accessing that property. Because they don't pay any attention, there is a sign there also. If you would care to come out and take a look at it, it is plenty visible and they pay no attention whatsoever. The tiling of ditches, I think that should be done not in phases but all at once. If they are going to do this development why don't they do the tiling of ditches and then we don't' have any problems. Who is going to monitor this down the way, just go ahead and do it. Above all I am opposed to this project. Morrow: Anyone else from the public that would like to offer testimony? Okay, Mr. Tealey it is opportunity for response. Tealey: I guess I stand by the testimony that I just gave you earlier, we have dealt with the sewer, there is concrete answer to it. We have it there is nothing ambiguous about it whatsoever. There is nothing ambiguous about the irrigation problem, we have said that we will pipe this thing in phases and we will clean the ditches. We will only construct during certain times of the year. If we do not live up to these requirements one of them being that we keep our ditches clean and the flow of the water to adjacent properties as it is today then yes we will be subject to a penalty and that penalty will be tiling of all of the ditches immediately. You have never required that I know of a parcel this large to tile all the irrigation ditches as a matter of (End of Tape) we are more than willing to work with these people. I guess I just don't know how much more specific we can get. The fencing for instance, this project essentially once we fence Wingate Lane is two parcels, one 12 acre and one 22 acre and we will develop on one side or the other of Wingate Lane (inaudible). This 12 acre parcel Wingate Lane will be fence, essentially then we will have this part the eastern parcel and the western parcel. If we choose to develop here we will immediately fence this entire parcel here and will be self contained within itself and will be self contained in itself because Wingate Lane will be fenced here, we will then if we choose to develop here we will fence the entire parcel. If we choose to develop down in here with Wingate Lane being fenced here we will then finish Meridian City Council May 20, 1997 Page 25 the fencing of this parcel so it will essentially be self contained. Wingate Lane issue, I don't think these people will ever be satisfied, we have done our best, we have worked with the Highway District, we have provided them with the traffic studies. We have repeatedly gone back to them. As a result of this application been taking over the 2 year period and asking them do you want anymore input, do you stand by your evaluation of the situation. The answer has been resoundingly yes, never a maybe never do we want another traffic study. We will not access Wingate Lane, there will be emergency access across it that we can't stop. I think that is in the best interest of the general public anybody that lives in Chamberlain Estates at the east end of Chamberlain Estates would like another outlet, emergency outlet back down towards Hickory and Fairview. I think that is in the best general interest of the public. I guess you can go on and on trying to address the numerous issues that they bring out but as soon as we address them then they will have another issue. I figure it is best to stop right now, if you have any questions I would be glad to answer. Tolsma: Is there such a thing as a deed restriction on this property that abuts Wingate Lane so there would be no access so when you build a fence in there they don't cut a hole in the fence and decide to put a gate in there to access Wingate Lane. Tealey: There will be a note on the face of the plat that says no access from any lots in the subdivision to Wingate Lane. That is one of the requirements of the Highway District. Tolsma: Would that be on the deed, the property (inaudible) Crookston: It could be Tolsma: (Inaudible) Crookston: It could be, it is just as good to have it in a deed restriction. Any type of restriction like that is just like a speed limit sign on the highway. Tolsma: But if they cut a hole in the fence at least (inaudible) something on the deed that said you couldn't do that or it is on the plat. Maybe (inaudible) Crookston: The plat will be recorded Tolsma: (Inaudible) Crookston: That is true, you would have to go through, you would have to have some means of accessing the recorded document. Tealey: The plat is a recorded instrument and on that instrument if we restrict the access to Wingate Lane, you would certainly can enforce it that issue on from that recorded instrument. There are numerous issues that can be covered in notes on the Meridian City Council May 20, 1997 Page 26 plat such as addressing maintenance of common areas to addressing maintenance of irrigation ditches and stuff. That seems to work for those issues so why wouldn't it work in the access to Wingate Lane. Typically like if you have a double frontage situation where say Ustick Road and you have a road parallel to it the note on the face of the plat says no access to Locust Grove Road. That is covered all of the time with a note on the plat. Plus if you wanted a deed restriction it would apply to, there are only about 10 or 12 lots along Wingate Lane actually back up to where that situation can occur. Tolsma: The other thing on the ballards they are using for emergency access several subdivisions in Boise now have what they call a fire gate it is a swinging gate that the fire department has the key for it only. Some of them are running on the ditch rider roads that they are put a gate across there that goes to the ground up, 42 inches tall that if the fire trucks carry the key if they need emergency access to the ambulance they have a key to gain through that access rather than the ballards which seems to be right around because the motorcycles go up and down the ditch banks where there are ballards. But where there is a gate across there, there are no motorcycles that go up and down the ditch bank. Tealey: A gate would be fine if that works and it works for the City of Meridian it works for us. Tolsma: There are several developments in Boise that have went to those fire gates and the fire department likes them better than trying to get posts out of the ground or something like this to get through because it is better for them easier to gain access through. That is just a statement. Tealey: If the City of Meridian fire department would rather have those than the ballards then that is what we will install. Tolsma: Most of the ballards if they are a break away ballard they are touch and go to run a truck up against one of those things to try and break the thing off and get through it. Anyone in a four wheel drive will be able to the same thing. If they are a gate at least they are going to damage something (inaudible) that is something that you might check. I know they have done a lot in Boise for the irrigation district and fire department both. Tealey: If there is a better way than ballards and it is approved by the Meridian fire district and the ambulance service and emergency medical we will definitely look at that. Tolsma: (Inaudible) Rountree: The last time you were here you indicated there had been a traffic study done, ACHD had indicated that no additional traffic study was necessary because of the date of the previous traffic study. Am I remembering correctly or did you say something different? Meridian City Council May 20, 1997 Page 27 Tealey: I think the traffic study was referring to was updated in mid -year 1995 1 have a copy of that here if you want to look at it. It addresses the connection with Chamberlain Estates and Locust Grove Road. Rountree: Specificity in terms of construction timing of irrigation if that were added to the findings you indicated you would work within whatever time period is non -irrigation if specified October 15 to March 15. Tealey: Correct, that is my understanding and the developer's understanding also. Morrow. That being the case I will close the public hearing, Council your pleasure? Rountree: Vern had a question. Morrow: Okay, Vern please come forward I will re -open the public hearing. Crookston: You need a motion to re -open it. Rountree: So moved Tolsma: Second Morrow. It has been moved and seconded to reopen the public hearing all those in favor? Opposed? MOTION CARRIED: All Yea Alleman: Can I ask a question of the staff, Shari in regards to the comment that is pertaining to the parks, you state that there is no provision for park area, is there in Subdivision No. 1 or in that area? I was under the impression that the park for number one the five acre had been done away with, is it still there? Stiles: The 5 acre park they originally proposed is no longer there, they do have some small pocket parks and some pedestrian pathways. I am not sure what the total acreage of that is. As far as 5 acres in one spot there is not one. Morrow: Now I will close the public hearing. What is your pleasure. Rountree: Well I think the appropriate thing to do would be to go back to the findings of fact and conclusions on the annexation and take action on it. That will drive what happens with the preliminary plat. So I move that we go back to item 9. Tolsma: Second Morrow: Moved and seconded we go back to item 9, all those in favor? Opposed? Meridian City Council May 20, 1997 Page 29 issues Ms. Stiles has an issue with response or written response to her conditions (inaudible) Rountree: That was a condition on the findings of fact and conclusions of law as it relates to annexation. The same comment for comments on the plat. One and the same. Stiles: It does, that is one of them comments it is included in the findings. I don't know how you will address any response we might get. Crookston: I thought that your comment referred to the platting and not the annexation and zoning. Stiles: It was both. Rountree: Help me find that comment. Morrow: He is looking for your in the findings of fact and conclusions he is looking for your comment requesting written responses to your comments. Stiles: Page 24, item Q, the comments that are indicated my comments apparently it references the preliminary plat. There are items in there that do deal with the annexation. Rountree: The findings do indicate that any questions you do have will be responded to. Stiles: What page is that on? Rountree: That is page 24, it says the applicant is to address all the foregoing comments in writing. That was one of your comments that is included in the findings of fact and that needs to be done or that needs to be done as part of the findings of fact, depending on what happens to them. Morrow: Technically speaking if they are adopted then that response has to (inaudible) what is your pleasure? Rountree: Mr. President, I would move that the City Council of the City of Meridian hereby adopts and approves these findings of fact and conclusions of law and the amendments. Morrow: It has been moved and seconded the City Council of the City of Meridian hereby adopt the findings of fact and conclusions of law and approve them as amended, roll call vote. ROLL CALL VOTE: Bentley — Yea, Rountree — Yea, Tolsma —Yea Meridian City Council May 20, 1997 Page 30 MOTION CARRIED: All Yea Morrow: Is there a motion on the decision? Rountree: Mr. President I move that the City Council of the City of Meridian hereby decides that the property set forth in the application be approved for annexation and zoning under the conditions set forth in these amended findings of fact and conclusions of law and revised including that the applicant or its successors and interests, assigns, heirs, executors or personal representatives enter into a development agreement that if the applicant is not agreeable with these amended findings of fact and conclusions of law and are not agreeable with entering into a development agreement that the property should not be annexed. Tolsma: Second Morrow: It has been moved and seconded for the decision as read by Mr. Rountree, all those in favor? Opposed? MOTION CARRIED: All Yea Morrow. Item nine has been taken care so now item 10 is the preliminary plat. Is there a motion, now that we have done item 9 we need a motion to direct the City Attorney to prepare an annexation ordinance. Tolsma: So moved Rountree: Second Morrow: It has been moved and seconded to instruct the City Attorney to prepare an annexation ordinance, all those in favor? Opposed? MOTION CARRIED: All Yea Morrow. Now item 10 on the agenda is the preliminary, what action do you wish to take? Rountree: Mr. President, I would move that we table action on the preliminary plat until such time as we have the annexation ordinance and the applicant has addressed in writing the comments of City staff and had an opportunity to review the findings of fact and make appropriate modifications to the plat. Tolsma: Second Morrow: It has been moved and seconded by Mr. Rountree and Mr. Tolsma to table the preliminary plat pending the adoption of the annexation ordinance and response by the Meridian City Council May 20, 1997 Page 31 applicant in writing to staff conditions and response by the applicant to the recently adopted amended findings of fact and conclusions, all those in favor? Opposed? MOTION CARRIED: All Yea Bentley: I move we take a ten minute break. Rountree: Second Morrow: It has been moved and seconded to take a ten minute recess. TEN MINUTE RECESS ITEM #11: REQUEST FOR A CONDITIONAL USE PERMIT FOR TWO BUILDINGS WITH DRIVE UP WINDOWS BY R.T. NAHAS: Morrow: I believe that is you Mr. Knopp. Knopp: My name is Larry Knopp, the project consists of two buildings, two separate buildings on a lot out here at a commercial subdivision off of Meridian Road, 1St Street. What we are proposing are two approximately 4,000 square foot buildings with appropriate parking, landscaping that meets or exceeds the City of Meridian's ordinance. The one building will have an optional or the flexibility of having a drive up window facility located on the east and west ends to get some flexibility for the leasing of this facility. It is not for a restaurant, the facility, the drive up window would be used for a facility similar to an espresso coffee fast service not a restaurant service. The buildings are constructed of stucco, brick, store front, glazing, flat roofs with parapets continuous on all four sides so that there is no visibility of roofs or roof top units and fabric awnings at the windows. Morrow. Questions for Mr. Knopp? Rountree: have you read the findings of fact and conclusions of law as prepared by Planning and Zoning and if you so do you have any items you would like to discuss? Knopp: I have read them and I have no questions or no problems with them. Morrow: Ms. Stiles do you have any questions for Mr. Knopp? What is your desire? Rountree: Mr. President, I would move that the City of Meridian City Council adopts the findings and approves the findings of fact and conclusions of law as prepared by Planning and Zoning. Tolsma: Second MERIDIAN CITY COUNCIL MEETING: May 20 1997 APPLICANT: PNE/EDMONDS CONSTRUCTION ITEM NUMBER; 10 REQUEST:PUBLIC HEARING CONTINUED FROM MAY 6 1997 - REQUEST FOR A PRELIMINARY PLAT FOR PACKARD SUBDIVISION NO. 2 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. JAMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary Floyd F. Reichert 2575 Wingate Lane Meridian, ID 83642 Re: Packard Subdivision No. 2 Dear Mr. Reichert: "66i ec6 January 2, 1996 This is in response to your letter of November 27, 1995 requesting clarification of your access to the public road(s) that may be constructed and dedicated to the public through the platting of Packard Subdivision. There are two public streets that are proposed to be located near your property. One runs east and west approximately 20 -feet north of your north property line (called E. Challis Street on the preliminary plat) and the other also runs east and west, stubbing to your east property line approximately 180 -feet south of your north property line (called E. Meadowgrass Street on the preliminary plat). The Commissionwas specific in their concern that the "public" be prevented from using Wingate Lane by gating/blocking E. Challis Street on both sides of the Wingate Lane easement so that use of Wingate Lane by you and the Sharps would not be interfered with until other situations develop with regard to your properties. Since E. Meadowgrass Street terminates at your east property line, you will have full access to it. The developer is required to install a barricade at the end of the public street, but it typically does not extend across the entire width of the street and since the street abuts your property, you may drive around the barricade and use the public street as could any other property own=r whose land abuts the public right-of-way. Similarly, you could access E. Challis Street by driving north along the Wingate Lane easement, opening the gate required by the Commission to block public usage from Wingate Lane, and use that public right-of-way also. The enclosed copies of part of the preliminary plat show the proposed streets in question. Sincerely, rry S e Development Services Supervisor cc: Chron Project File Traffic Services Gary D. Smith, P.E., City Engineer Tealey's Land Surveying, Inc. Mr. & Mrs. Dale Sharp - 2445 N. Wingate Lane. Meridian. ID 83642 ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 r � � ce Oil rn IA) •,,0f1%: � `3bb� I- S.b+n�c !�'' IOk�38�� ;rl�i � 4514 A P 00 - .R - 1 in 2 A 3 in i j a � °I,Ef3'7 a 3 W. 41, , �. � r �. l � �,-..;.�_ �' . _ s�s9T of w71�� _ 6. } '11,739 • S f 9131s 3 ( 98i1s , 9131.9 lit, r � � Oil 4514 A P 00 - .R - 1 in 2 A 3 in i j a 9,-731 a °I,Ef3'7 3 W. 41, , �. � r �. l � �,-..;.�_ �' . _ s�s9T of w71�� _ 6. } '11,739 • S 12083 11,624 6 - L.LS'. ..? '.� - '.' •.iv'C)`�'.. ^' A.e✓././ \1.-.•_`� .:L41c �E.,l..... _,'" - MATCH MATCH UNE SHEET . f ilbo CL - _ it ..GS :1 '14Mt — Z8' } ?4' 7%. 22 i3g s d a 9406 s mjs s ' to -'-x • w � �. � 22' 1� 2c d:t X -.042 a .84!36 s a 61.0 t r7 '� 20 -- low. 6 14.0 2 '24- 21. wr SAM Za t iT .......s I� .110,6'38 «:. �'63 :b�'S3 s' D93!!s?�, a 3 _ 4 � „ _ � • . " - n �, ' �a13• �"�. A �;} '9,539 s 813 s 3338 8,338 s ' ��; 4,g33 ; • I 53' At 3rd . Meridian City Council May 6, 1997 Page 25 Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to continue the public hearing to May 20 on the request for a conditional use permit on item #7, all those in favor? Opposed? MOTION CARRIED: All Yea FIVE MINUTE BREAK ITEM #8: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF APPROXIMATELY 35.23 ACRES TO R-4 BY PNE/EDMONDS CONSTRUCTION: Corrie: I will now open the public hearing and invite a representative from Edmonds construction to come forward. Pat Tealey, 109 S. 4th Street, Boise, was sworn by the City Attorney. Tealey: I don't know where you want me to start on this one, whether it just be the annexation that we are going to listen to right now. Are you going to separate these? This application was originally made in 1995, almost 2 '/ years ago and we have been going through this process for some 2 '/years and finally we have gotten to City Council. Planning and Zoning on March 11th voted unanimously to prepare findings of fact and conclusions of law to support an annexation of this property. The property in question is adjacent to and abutting the present city limits of the City of Meridian. The property which is subject to this application is within the area of impact to the City of Meridian and the entire parcel is also included in the Meridian urban service planning area. The property is designated in the Meridian Comprehensive Plan as single family residential. All services can be provided to this parcel as a condition of this annexation. We are requesting an R-4 zone which is consistent with the zone in the immediate area. Are there any questions about the annexation I would be glad to answer them. Corrie: Council, any questions? Anyone else from the public that would like to issue testimony at this time? Vern Alleman, 2101 East Ustick, Meridian, was sworn by the City Attorney. Alleman: I don't know which one I am supposed to be testifying under, so I guess I can go ahead and give it anyway. As a matter of clarification, the plat shows the irrigation district is Settlers Irrigation District. How can this be when Nampa Meridian delivers this water and bills the irrigation taxes. I am concerned about my irrigation which comes through the Packard No. 2 property according to plat dated April 1997. 1 don't find the map showing where this would cross the Packard property nor any of the specifications such as size of pipe, grade, placement of manholes and so forth. I specifically request that as a condition of approval of the plat that this information be shown and a specific time be mandated between October 15 and March 15 as a time for construction of the Meridian City Council May 6, 1997 Page 26 irrigation system to our property. I went through this with another development where the system was not completed on time and my crops suffered because of the lack of irrigation. Another experience I had with the development was where the developer was to install the system with specific requirements. They tried to cover the system before we had a chance to inspect it and if we had not been on top of this it would have been installed improperly. Because of this I specifically request that myself and Nampa Meridian plus the City Engineer examine and approve this installation during installation. Undoubtedly you will remember the problems that were created with water on the property around Don Bryan's and the Fred Meyer property which I understand is due to improper installation. As you know livestock and children are not compatible so therefore I also feel that, wait I will go back. It is my understanding that my irrigation system should be shown for future reference in case there is a question of easement. Without this I request a recorded easement so that there won't be problems if it is necessary to assess property if there is difficulty with the irrigation system. As you know there is, livestock and children are not compatible. I also specifically request the installation of a six foot high chain link fence on the north side of Packard No. 2 and the south side of our property so as that to keep children and dogs from crossing over to our property where we have livestock. Also, that there be a fence between Packard and our property to the west which I understand is a requirement of the City. That is my testimony, do you have any questions? Rountree: Mr. Alleman, a lot of your concerns are probably more appropriate for the plat. Do you have any particular issues with the annexation of this parcel into the City of Meridian? Alleman: Well, as long as they meet the requirements I guess I don't. Corrie: Anyone else that would like to issue testimony on the annexation and zoning? Dale Sharp, 4445 Wingate Lane, Meridian was sworn by the City Attorney. Sharp: I also would like to have the developer state here as to what is going to happen as Mr. Morrow pointed out we need this on record so that as time goes on we tend to forget or intentionally forget what is going to happen. I would also like to read a statement from our attorney as far as the private road so there is no question about that. They are going to, they say they are going to provide service across that private Road called Wingate Lane. That is an agreement, it has been in effect since 1913. As such that private road will maintain a private road. The Ada County Highway District has made some statements that they really have no legal right to do. Which affects this private road. I would like to read this. In reference to the issue as to whether or not the private road should be construed as a public road it appears evident that there is no statutory basis pursuant to Idaho Code Section 40-202 and relevant Idaho case law including Cox vs. Cox 84 Idaho 513373 p 2"d, 929, 1962, to support the idea that the proposed crossroad being proposed to be built across the private road would in any way Meridian City Council May 6, 1997 Page 27 satisfy the test for being a public road so that unless the County of Highway District undertook some affirmative action to declare the road a public and or record some as a public road in compliance with such statutes. Your private road (inaudible) based upon the facts as represented to me it appears that there is no satisfaction of statutory or criteria to declare the private road a public road in any respect of the current I just want to point this out, that in case they cross with the utilities or sewer or whatever that there is no access with pedestrians or bicyclists or any other unauthorized people. There is a question of liability here and with all of that additional traffic. So we would request that this Wingate Lane protected from this traffic and so forth. And that there be no public road across it. And such, we need fences and as far as that goes we need a gate across the Nampa Meridian Irrigation District road there. That can be done, I have talked to Bill Henson from Nampa Meridian and they said they would be willing to work with the developer to do that. There is some question on that with the Planning and Zoning but I have checked it out. So we also unfortunately when we are talking about zoning of Packard Subdivision No. 2 the Brown, this gets back to Packard Subdivision No. 1 because Packard Subdivision No. 1 was approved that they would have a lift station. Now they are saying we are going to move that lift station over to this property by the Brown's. So this in effect might make Packard Subdivision No. 1 null and void because you don't have a lift station there anymore. So you can't separate these. The irrigation that we have, 1 have a ditch that goes down on the side of my property that feeds in behind the subdivision to the west of me and then services people over in Locust Grove. I also have a lateral that goes on the east side of my property that goes down through the Brown, past Reichert's and Brown's subdivision and services Alleman. So we need these, we need to have this stated that they will tile that and take care of that in accordance as Mr. Alleman pointed out. As far as having construction workers or equipment on Wingate Lane we don't want that to happen. That is a private lane and it is collectively agreed on by those land owners that it will remain a private lane. If there is sewer that crosses that private lane or any utilities we don't want be impeded to getting to Ustick to our homes by any means or services. Mail service or (inaudible) if that is going to be done it has to be done so that we are not inconvenienced. Then also I mentioned here that there is a lot of livestock out there and we do need these fences, we need the barriers that would prevent refuse and people from getting onto our property which this does happen. Right now people throw their grass clippings over the fence onto my property. They have taken rocks, they have dumped their cement trucks over there when they were building and I just don't appreciate that at all. So, when we, I am emotional about this and I do object to the zoning of Packard Subdivision No. 2. 1 don't think we need it, I think there is plenty of houses available and this growth, so called growth I don't think it is good for our services that you are providing now. Our schools are overly impacted as it is. Our traffic on Locust Grove, they are not going to do anything about that and that is a mess. It is going to put more traffic out onto Locust Grove and as far as the sewer system or the lift station as Mr. Smith pointed out in the Planning and Zoning meeting last time that if they put a lift station in there they can't develop the whole subdivision because it won't service. So I think we need to get our ducks in a row here and state exactly what is Meridian City Council May 6, 1997 Page 28 going to be done and not this changing of every time we come there is a change and there are so many questions, legal questions and everything else that I am opposed to it? Corrie: Thank you Mr. Sharp, any questions? Anyone else from the public that would like to testify at this time? Dixie Roberts, 2855 Wingate Lane, Meridian, was sworn by the City Attorney. Roberts: I also have all of these concerns the restroom have voiced. Mainly the irrigation my concern. The land is worthless without and I don't want it changed. I don't want the pump system put in. This is set up for the irrigation that I have now which is the regular flow irrigation. Also the Lane is up concern to me . It is a private lane, we have maintained it, we have put money in, all of us, on the lane for the maintenance of it to take care of it. We don't want other people accessing into the lane. Also there is concern of children, I have livestock also. My land is closer would be closer to the subdivision. There is concern there for their safety. One other item, my son tried to buy an acre or less than 5 acres from me to build and then the developer comes in and sells his different areas, right adjacent to me and less than 5 acres. I don't know how that happen we were, they would not less us do it. Planning and zoning, so I am opposed this . Al Dauven, 2820 N. Wingate Lane, Meridian, was sworn by the City Attorney.. Dauven: Well I kind of live kitty corner from this property and he stated it is all R-4 out there. I don't know how it can be R-4 on the east and north sides of this property they are 5 acre properties. It will go from R-4 on the south and west side of it but when you divide that property up you had better make the lots a little bit bigger wen it comes to the 5 acre parcel or else don't annex it. I think you are biting off more than it is worth. You are going to put a bunch of lower income houses in there with a lot of kids. We have horses at our place and I will not responsibility. I will bring my attorney and he says that if you guys approve it without certain conditions and stuff that we agree to that you are putting this City at jeopardy to those lawsuits. Because the south slough goes through my property and you guys aren't providing for parks in that area. You don't have one in a four mile square out there. So let's say they are putting 95 houses on this 35 acres many kids are they going to put in an R-4 residential zone. We have five acres sitting there with a nice stream running through it. We have 5 to 8 horses running around out there in that 5 acres, you can put three or four kids out there and I am not going to be responsible. You don't know what a horse is going to do, you don't know what any animal is going to do. They could just as well charge that kid and trample them right over or do anything. This is something that this board has to take into consideration and they have to think about it. If they are putting a subdivision right along side that isn't R-4. I will agree with you we are in your impact zone area whatever and sooner or later I know the slough carries the sewer line and somebody has got to come Meridian City Council May 6, 1997 Page 29 and talk to us which everybody kind of neglects to do when you get drawn into one of these things. You guys have got a nice green path drawn right across my property which I don't agree with. Have you ever talked to me about it, you have no right to put that on that map. You haven't bought that property, I haven't agreed to nothing. So, these things you better start straightening out with this Council. Your P & Z is nothing but a joke, I mean you have guys on there going to sleep when you are stating stuff and they just ignore the facts. These are things that have to be considered into this. Sure there is R-4 housing like I said you have a subdivision, you got all of the (inaudible) sure that is R-4 and they abutted basically vacant land that was just being farmed, there was no livestock on it so there was no question there. But now you are abutting people's land that have livestock. So does the City want to be responsible for putting a jillion houses up against something that has livestock in there. I am kind of in agreement with the rest of them. I don't see how they could have sold off the Brown house from that 35 acres when it is only like '/2 acre. How did they sell off the Borup house which is less than '/ acre off the 12 acres. These are things that have to be addressed and everybody runs and hides from them. They sure won't let me split no land off my property. It would be probably (inaudible). These things have to be taken care of and there has to be some consideration for us people that lived there for a long time. They are impacting my life, they are impacting me I am not impacting them. They are making a profit by impacting me. So it should be done the way that people want it done. You can't put little stray lots around 5 acre parcels and build a bunch of $80,000 to $90,000 houses and put 4 or 5 kids in them. Those 4 or 5 kids aren't watched very well and they are running all over and they are all over everybody's property and they are down in the slough. We already had an instance here earlier this year that the canal ditch rider was telling me about and it was a good thing the father was there. A little three year old just about drown in the ditch right of way right above us where we get our water. If the dad wouldn't have been there and been right on top of it he would have drown. Things like that you don't hear about because they don't get in the newspaper because nobody has called because the dad took care of it all. One instance is too much, I guess is what I am saying. I am a Meridian businessman so I like the impact. It provides business for me and revenue and stuff but 1 want it done according to Hoyle. That is about all I have to say about it. Corrie: Anybody else? Billy Jo Premoe, 3045 Wingate Lane, Meridian, was sworn by the City Attorney. Premoe: I would just like to go on record as being opposed to this as well. Our quality of life will change if this subdivision is approved. We have lived out there for 14 years and we are probably one of the newcomers on the block. We really appreciate the way of life we have and when we bought on a private lane we were assured that there would be no more building on it. That everything is agricultural around and I know things are changing. The majority of us that are out there would like to keep it the way it is and would beg your consideration of our needs. Meridian City Council May 6, 1997 Page 30 Corrie: Anyone else that would like to issue testimony on this at this time? Mark Peterson, 2700 Wingate, Meridian, was sworn by the City Attorney. Peterson: I too want to go on record as opposing the subdivision. We are going to be adjacent on two sides to the new subdivision. We too have livestock and we just seem to have enough buffer zone I guess between that kind of density of housing and kids and livestock that we do. I want to emphasize if it does go through that they cannot have access to the lane where they plan on abutting the road into our Wingate Lane. It is very easy to put in a simple little barricade and we all know how easy it is to take the kids bicycle or walk right around something like that and go ride down the lane. I am not sure that they have shown us the proper kind of barricade that they are going to use in that area. That is all I have to say. Corrie: Anyone else? Don Brian, 2070 N. Locust Grove Road, Meridian, was sworn by the City Attorney. Brian: Good evening Mr. Mayor and Councilmen, I have two concerns with this development actually. My number one concern is what directly affects me and it is traffic. Mr. Sharp hit on it a little bit about what a mess Locust Grove Road is. If I don't leave my house before 7:00 in the morning I can't get out on the street, it is just bumper to bumper all day long. Going through, in your packet you have the Ada County District traffic study or the results from what they did on the findings when this first went through dated October 1995 when it went to Commission. They have they determined that this subdivision would generate about 950 additional trips per day of vehicles down Locust Grove Road. At that time the traffic count on Locust Grove Road they have on your sheet that was made January 1994 and that was over 3 years ago when that was done. They had a traffic count of 2794 and as of October 2, 1996 which is 6 months ago or more, the vehicles per day on Locust Grove was 10,026 so there is a substantial difference and what they have looked as far as a study for this development and what is really there. I guess my question would be is there a new traffic study out and if so where is all of the new information and how do they or you get the information to digest so you make a prudent decision on this. I know your argument is that you don't have anything to do with roads it is up to Ada County Highway to keep up with our growth. But, in checking with Ada County, the projected construction date of Locust Grove widening is 2001. So, here we are building all these new subdivisions and dumping all of this traffic out on the road and making it a mess and there is nothing going to be done until 2001. If it doesn't get bumped anymore. Obviously everything gets bumped but it paints a pretty bad picture. I just wanted to point that out and see if there were any other studies done as far as traffic congestion and what they have come up with and how that would affect the new plat that we are going through three years later. My second concern is the same concern that all of the folks on Wingate Lane have that is fencing Meridian City Council May 6, 1997 Page 31 and livestock. I have been here before talking to you guys about this. But we need to take a real serious look at the separation of rural, agricultural land with livestock and the residential land that is coming into the valley. I have first hand experience with that with my horses, all of these people on Wingate Lane are horse people and there is going to have to be a separation between the people and the horses that they can't go through, climb over, go under. It is a problem because like what was stated before children and horses and adults, I have problems with adults. They all think that I have the first petting zoo behind Fred Meyers. I had to put up signs and fences and I had people make special trips down there to take pictures of them, they had never seen horses before. That is fine but it is like a magnet. They come from Fred Meyer and they make the loop by the horses and then down to Locust Grove. In your approval of the plat or annexation or whatever we need to look at a good separation between those animals. Something that is going to work, and I think a fence, a solid fence that they can't go through or get over is the best way to do that. As far as the water concerns, I think you all know where I stand on that so I won't go into that. Any questions? Thank you Floyd Reichert, 2575 Wingate Lane, Meridian, was sworn by the City Attorney. Reichert: I would like to go on record as probably the only one on the lane that is in favor of the annexation into the City and building the houses. My property is adjoined to the east by the old Kirkpatrick property and Brown's on the north side. Everybody's concerns could probably be met like I say with the irrigation being .tiled, ditches being tiled, I could probably go into a lot of history on the lane. I came home from Vietnam in 1968 1 bought my property and there were only four houses on the lane. I had a very difficult time getting a building permit due to the easement. I finally had to go to Frank Church our Senator and got my building permit. Since then on the and I was given a deed with a private road easement on it, 15 feet that bordered the east side. But all the houses that these people are concerned about they have gone down and approved everybody else out there but now they are denying the people that have in my opinion the access to the lane. But my concern out there isn't the children I have sold off my livestock, haven't had any for years. I have a problem with the neighbors livestock getting out and ripping up my flower beds and yard and everything that they don't keep them in. I could go on and on about that but I really think if you look at the community's interest of a whole I think this is a well worth project to take part of that congested traffic off of the Fairview, Eagle Road, Locust Grove because it is a mess getting down the lane. Trying to get out on the road that 15 feet the ingress and egress is a problem and always has been. But the traffic on Ustick is so bad now it will only get worse. It should be for the access or an easement through that mile section to eliminate some of that traffic going through the session instead of over it. As far as the utilities, we have power and telephone and everything comes down it and for some of the houses out there they have come down Wingate Lane and buried natural gas line down there so there is public utilities that lay in the right of way of Wingate Lane. That is all I have to say if you have any questions. Meridian City Council May 6, 1997 Page 32 Corrie: Any further testimony at this time? Helen Sharp, 2445 Wingate Lane, Meridian, was sworn by the City Attorney. Sharp: Mayor and Councilman going along with something that was brought up quite conclusively was the ordinances and thanks to Mr. Morrow we should abide by them. We have been told that there is a buffer zone and this buffer zone is where we are living on Wingate Lane between Ada County and Meridian. As a resident on Wingate Lane I would like to see that continue so therefore I am opposing this zone change. Going along with ordinances Mrs. Kirkpatrick had asked and her husband, to cut off one acre and their little house because it was becoming too much to take care of. The 12 acres which now has been including with the 20 acres, 12 on one side of the lane and 22 approximately on the other side of the lane. So the properties are not together, they are separated by this private lane. Kirkpatrick's were not allowed to cut off because of this buffer zone so they could not do as they chose and had to sell it all. I realize that comprehensive plans are created and every time something is rezoned it is changed. My question to you then is why would a few people be allowed to change at the expense of those that don't want it. Does anyone pursue the possibility of asking the people in the area are they interested in changing or would they like it the way they are. On the corner of this property or section there is a big farm, next to that is a church. At the opposite corner of that on Locust Grove and Ustick there are 20 acres that are farm land and this gentleman does not propose to sell or have it developed. We have five acres and we have been there since 1968 with the idea that you cannot break it off. On the property where Edmonds (inaudible) and Castle now own the 22 acres and that is on record there has been a break off since Mr. Alleman bought it from Mr. Cooper. It is something that if we have an ordinance do we abide by it or do we have the person who has the loudest voice being a developer get what he wants. We are talking about lift stations and I see on your agenda tonight you are going to have to do some approving of bidding or that they are on your agenda. Why would the City of Meridian if we are gong to (Inaudible) want to put in lift stations. Did they ask the developers whether or not there was going to be sewer accessible to this property. And why not make them wait. Other people have had to wait to get what they want to do what they want but developers can go in and dot ask they just choose to do. I am having a little problem with that. We are talking about growth and we all know that we are getting tremendous growth not only in Meridian but the entire valley. I think here again we could use it with a little bit more planning. I think that just to develop for the sake of developing is not the answer either. As far as fencing in animals you know when you are living out in the country as much as you want to fence in an animal they do at times get out. And not always going where you want them to go. I don't know if you gentlemen here have seen them but I had submitted some pictures of our lane and the area showing you just what it is. I think it is kind of nice to have something different rather than one mass mess of houses. In talking to the realtors we have an abundance of houses right now. Not only vacancies of those have already been built an the new owner ones that they are trying to sell but that does not include that that are already on the block to be built. That Meridian City Council May 6, 1997 Page 33 was over 600 houses that are vacant at this time. So at this point in time I am saying there is no demand for housing. I am saying in time maybe there will be and maybe at that time we would be willing to say okay fine take our five acres and let's develop it. I don't see it at this time. We don't abide other things either, we have a manhole that is supposed to be five feet from the property is on the property line. Who's is going to check these things that they are taken care of. The don't. I think another thing who is responsible for notifying potential buyers that they are on a lift station meaning that they are going to have a monthly or quarterly charge on that. And if the sewer should come through and hopefully it will a lift station as we are told is a temporary set up. They will then have to connect as the young couple that were here should they try to sell they would have to hook up, they ware within 300 feet. Speaking of 300 feet, does that mean I will have to hook up t the sewer my property or our property right there at the end of Wingate Lane and we could be within that jurisdiction also. So I am looking out for my interests naturally. We have been there since 1968 when they had all of these so called ordinances and somehow someone calls along and a whim changes them. Nobody is asked, nobody cares it is let's go for it. So I am saying please at least (inaudible) City Engineer. He tried to tell Planning and Zoning they didn't have everything ready for the sewer and they didn't, but it was passed onto you guys with the idea of pick that up and decide what needs to be done. Thank you, by the way Mr. and Mrs. Premoe tried to build 20 by 40 shop on their property and were told they couldn't because they haven't got five acres. That is not because they are annexed either, they have less than 5 acres and they are not all 5 there we have to admit to that. We as a private lane are supposed to have four houses on the lane and we all know there are many more than that. But if a developer can rezone and build why can't they build a shop on their property. Thank you Corrie: Anyone else from the public that would like to issue testimony? Are there some questions that you would like to answer at this time. Tealey: I guess the sensitive issue is as you can tell here Wingate Lane. We propose no access to Wingate Lane whatsoever from this subdivision. We own the lane, the developers owns the ground underneath Wingate lane and these people have an easement for access. They don't, so there is no break in the land between the Brown and the Borup property. I don't know exactly how to go through this but I guess I can start by each person that offered testimony. We will have a development agreement that states many of the concerns that people have such as fence and irrigation issues. We will fence the entire property as part of the subdivision. As the phases are approved and built we will provide for irrigation delivery to each parcel that is serviced through the ditch that goes through our property. We will pipe it and we will provide an easement for that pipe in the plat that we record on each phase. Wingate Lane will remain private, there is as I stated no access from this subdivision to Wingate. There was some mention of the Ada County Highway District traffic study. We conferred with them just two months ago. What they told us is we don't need a new traffic study, they have some updated figures. These figures that were supplied as part of our traffic study did not Meridian City Council May 6, 1997 Page 34 change. They had some updated traffic figures and that the level of service for surrounding roads of Eagle and Locust Grove will not suffer as part of this as part of their studies. These are not our studies they are their studies. So of this commuter traffic or course will be converted. From going onto Locust Grove through the building of Hickory which is a collector road that will end out in the middle of the subdivision. Again I am getting into the subdivision issues. I don't know if you want me to address them now or wait until the subdivision comes up. Which do you prefer? Corrie: I was going to say if you have it as testimony go ahead and address and we will take it as part of the (inaudible). Tealey: Mr. Alleman alluded to the irrigation and the problems that he has had with developers in the past. Again will sign a development agreement guaranteeing him access to his irrigation and we will provide easements through the plats as we build them. The construction time table we have already agreed to that in the findings of fact for the annexation provides for that concern. (End of Tape) Some of the problems that are happening with Locust Grove and Ustick and surrounding roads each of these lots that will be built on will provide impact fees to actually construct improvements on these roads to improve the traffic. I guess other than that, if you have any questions which I am sure you do I would be glad to answer them. There may be some other things that come up as part of it. Corrie: Council, any questions at this time? Questions of staff? Morrow: Mr. Mayor, I have questions with in terms of Gary, a letter from you to Pat Tealey dated April 9, 1997. It talked about issues with respect and I am quoting here, "if there are plans to move the lift station in Packard No. 1 to a site in the proposed Packard No. 2, as Ted Sigmont mentioned to me this morning, then things need to move very quickly as there is a Pre -construction meeting for Packard No. 1 scheduled for tomorrow which includes the construction of the lift site. Also, Shari Stiles indicated that Packard No. 2 parcels of the property within the boundaries of the proposed Packard No. 2 subdivision (inaudible) have the proposals annexed into the city as part of the Packard No. 2 annexation and zoning request. I guess my issue is you bring us up for your part bring us up to speed on the sewer issues and the lift station issues and all of that as it relates to this subdivision. Smith: On April the 25th I believe it was I received some prints from Tealey's Land Surveying, their engineer David Marks and on the prints he outlined the revised location of a lift station to the northwest corner of Packard Subdivision No. 2 from the northwest corner of Packard No. 1. This would necessitate the installation of some 8 inch diameter line from the northwest corner of Packard No. 1 to that point. The sewage then from No. 1 and the proposed No. 2 and the proposed elementary school site to the east of Packard No. 1 would flow to the northwest corner of the proposed Packard No. 2 and be pumped into Chamberlain Estates Subdivision which would then gravity flow into Meridian City Council May 6, 1997 Page 35 the south slough that has been built. That is what they called option 2, the option 1 that shows on that plan is to cross Vern Alleman's property with a gravity sewer interceptor line which is an extension of the south slough. The developer's have been in conversation with the Mr. Alleman over the past several years concerning an easement. Mr. Alleman has offered to them to discuss the easement subject to I think about 19 different conditions. Which he outlined to them in written form and I received a copy of those conditions from Mr. Tealey for my file. At this point Mr. Alleman has not consented to an easement for a gravity sewer line. However, I have talked to Mr. Alleman as late as yesterday and I don't think that there is an insurmountable situation with getting an easement across his property and eliminating the lift station. However, there are two proposals on the table for sewering the property. Now part of that sewer line, the gravity sewer line to the lift station in the northwest corner of the proposed no. 2 Packard Subdivision is less than the minimum grade for an 8 inch sewer line. There is about 1500 feet of line that would be at 3/10 percent slope. Mr. Marks from Tealey's land surveying said this grade could be increased by raising the elevation of the sewer line in Packard No. 1. 1 don't know to what extend but there is apparently an option to increase the grade of that sewer. I don't think it is a significant problem, he has estimated the velocities in that those lengths of 3/10 percent sewer at about 1 '/ feet per second which is slightly less than the 2 feet per second minimum that we looked for in an 8 inch line. But, it looks like we are going to be faced with something less than 4/10 percent even if the lift station isn't there. Those details need to be worked out however. The one positive point of the lift station being relocated from Packard No. 1 to Packard No. 2 is that they will be pumping into the service area for the south slough. In Packard No. 1 they were pumping into another service area that isn't the drainage area for the subdivision. So it does put the sewage in the south slough drainage basin. I think that is about the most current information on the sewage system. Morrow. So at this point it is safe to say we don't how the sewage is going to be handled is that correct? Smith: Well, it is not a detailed resolution, but I think there are two alternatives on the board both of which are doable. One would require the agreement of an adjacent property owner for an easement. I don't think that is an insurmountable situation but again it resolves itself down to negotiations between the developer and Mr. Alleman. The other is the installation of a lift station and again that is from an engineering standpoint it is possible. Now I haven't seen any detailed details of what happens in Packard No. 1 as opposed to what has been approved and what is under construction at this point. I am assuming that they are able to tie onto what is being built in Packard No. 1 and extend it to the north and west to get the northwest corner of proposed subdivision No. 2. Morrow. Thank you, Shari, you comments with respect to the authorization by the two parcel owners? Meridian City Council May 6, 1997 Page 36 Stiles: Councilman Morrow, Mayor and Council, we have received some notarized consents from those property owners since the last meeting. I don't know if you have those in your packet but we did receive them and have those in our files. Morrow. So that issue has been resolved, how about written response to, your letter of November 13, 1995. Did you receive written response to those 17 issues that you raised at that point in time? I guess the other thing is that is long enough to go maybe we didn't have a policy in place at the time that we needed written responses. Stiles: I guess I would use your response earlier, if it was before (inaudible) Tealey: We did provide her with response to those 17. If you want (inaudible) Corrie: Gary, I had one question, I am still a little confused here, the lift station in option 1 they would be permanent lift stations in option 1 or temporary? Smith: No sir they would be an interim lift station correct. Morrow: If it is okay with you, I would like to see him present your map of the lift station (inaudible). Tealey: I apologize for the audience not being able to see this but I am sure they have all looked at this plat many times and it is fairly easy to understand. Right now down ins this area is Packard No. 1, it has a lift station in this, an approved temporary lift station right now in this position. This is Packard No. 2 if this Packard No. 2 is approved and annexed and the preliminary plat approved we will move the lift station from here down to here. This right in here is the south slough. This over here is the last manhole on the south slough. This is Mr. Alleman's ground, there is 230 feet in here between this manhole and our ground. If we were to get an easement which is our option number 1 across here we would just gravity flow this sewer into the south slough and do away with all of the lift stations. If we can't come to agreement with Mr. Alleman we propose moving this lift station to here and being temporary until either Mr. Alleman sells his land or develops it himself or the City gains some type of easement to where the south slough sewer interceptor can be built. At that time this lift station will be eliminated and this system flows to the gravity sewer for the south slough interceptor. This 40 acres as stated is Packard No. 1, over here to the east is the new elementary school that will be serviced by the sewer through this subdivision and eventually get into the south slough. Are there any questions? Morrow: I have one, the sewer issue with respect to velocity that Mr. Smith raised, your solution to that. Are you in fact raising the elevation of the sewer in Packard No. 1 ? Tealey: We can still do that, we haven't started construction on the sewer yet. We have had a pre -construction meeting. When we first proposed Packard No. 1 we kept the Meridian City Council May 6, 1997 Page 37 sewer so that we had an ample cover of what would be over in the southeast comer. We can raise that a little bit in order to give us the sewer flows and velocities that will be needed to get into the south slough. As Mr. Smith stated our velocity is in the 8 inch sewer are just a little under what are needed to make it flow. It will flow but not at the velocity, there will be more maintenance involved in it then a sewer line at 4/10 percent. We can alleviate that problem by bring the sewer up in Packard No. 1. As I stated we are waiting to start that construction until we see if we have a project here on this parcel of ground. The sewer in Packard No. 1 was not only for us but it was for the school district that we kept it up as low as we could. Morrow: Let me ask you this if it is raised to facilitate the gravity slough does that include the school district being able (inaudible). Tealey: No, all it does is possible remove the little bit of safety margin that you would typically have. Some flexibility in where the school was placed on the site or how height it was or how much fill was put on the site for the school. Bentley: I have a question for Gary, is flow of Packard No. 1 and 2 into the south slough the desirable area of where we want it to go to? Smith: Councilman Bentley yes it is, that is where it is supposed to flow the south slough. Stiles: Mr. Mayor and Council I am unable to find in my packet any response to any of my comments that I made November 13, 1995. Sharp: (Inaudible) Rountree: Mr. Mayor, a question for Mr. Tealey, I don't remember hearing it but have you and your clients reviewed the findings of fact and conclusions of law as prepared by the Planning and Zoning Commission? They are pretty extensive and there are a lot of conditions are you in general agreement with those. Tealey: Yes, I will find, like I said there is a lot of paperwork in the file. I have seen my comments back to her, I will provide them to her. I know we have addressed them, I know we addressed Mr. Freckleton's comments and they should be in that same general area. Morrow: Mr. Mayor, I have a question for the counselor, is there any testimony or substantial testimony change that would merit new findings? Crookston: I think that there is in relationship to the sewer particularly and then with regard to some of the comments made about Wingate Lane. Meridian City Council May 6, 1997 Page 38 Corrie: Any further comment then? I will close the public hearing at this point. Bentley: Mr. Mayor, I feel we have had significant changes in these findings of fact and some issues that aren't totally covered as Councilman Morrow and the attorney have spoken out against. I am uncomfortable with the ones we have, I would like to make a motion for the attorney to prepare new findings of fact and conclusions of law. Morrow. Second Corrie: Motion made by Mr. Bentley, second by Mr. Morrow that we have the City Attorney prepare new findings of fact and conclusions of law, discussion? Rountree: Mr. Mayor, I guess just a point of clarification for me where those differences appear in the findings. Bentley: I don't feel that the Wingate Lane the private lane has been properly addressed. The issue of fencing needs to be addressed and the changes in the lift station still need to be addressed. Morrow: I am in concurrence with that. I think that in my notes the private lane, the fencing and the irrigation and particularly the sequencing of the fencing and those types of things have not been adequately addressed. I think the testimony tonight by the overwhelming majority of the public is in respect to the buffering or the isolation of the two uses that are not compatible. Historically the Council has been very adamant about having non-combustible continuous fencing in place prior to any development efforts the full length of the border between agricultural uses and residential uses. I think those issues are not adequately addressed in these findings of fact and conclusions. I think we need to address those items to bring some sense of consistency to the actions that we have taken in the past. Most recently with respect to Kachina Estates and the Goldsmith Salmon Rapids. So I think that is a policy that has evolved because of problems that we have had in the City in the past between agricultural and residential uses. It could easily be that within a short period of time all of those properties get sold for residential uses. In the interim those folk have some right to assurance that the residential usage is not going to negatively impact the livestock issues. It is real easy for construction debris to kill an animal and that (inaudible). So those were the issues that I take exception with the current findings and I think tonight's testimony reflects a very well founded concern about those issues. Rountree: Just a question in my mind how the sewer would be addressed given the options that we have, address both? Morrow: I think we have to, I think we have to have on record that there are only two acceptable solutions and in fairness to the developer and his team they need to know Meridian City Council May 6, 1997 Page 39 those acceptable solutions are. Our City staff needs to know what parameters they have to it in. Then they can take it from there and work at the solution. Tolsma: I have a question also, (inaudible) is it up to us to decide how they cross Wingate Lane or who crosses Wingate Lane or if Wingate Lane is a private lane (inaudible) Crookston: I hope that it doesn't go to court but it is up to the developer to decide how to do that. It also has to be in agreement what is best for the City's sewer system. So there are some issues there that still need to be worked out. Tolsma: (Inaudible) Corrie: Any further discussion, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR PACKARD SUBDIVISION NO. 2 BY PNE/EDMONDS CONSTRUCTION: Corrie: I will open the public hearing, we are going to end up tabling it. Tealey: It is best we have it at the May 20tH meeting. Crookston: You are going to table this and continue it to May 20tn? Corrie: Well we have a public hearing scheduled we still have to have the public hearing and then we can table it and continue the public hearing. Anyone else from the public? Vern Alleman, 2070 E. Ustick Road, Meridian, was sworn by the City Attorney. Alleman: In regards to the plat, I still haven't gotten an answer in regards to Nampa Meridian or Settlers Irrigation District. Also, I would like to ask Mr. Tealey where in the findings of fact it addresses the irrigation scheduling time for construction. I would like to find out what page that is on? (Inaudible) Bentley: The meeting will be continued. Corrie: We will do the same thing as we are doing now and you will get another shot at it and the questions will have to be answered again. Meridian City Council May 6, 1997 Page 39 those acceptable solutions are. Our City staff needs to know what parameters they have to it in. Then they can take it from there and work at the solution. Tolsma: I have a question also, (inaudible) is it up to us to decide how they cross Wingate Lane or who crosses Wingate Lane or if Wingate Lane is a private lane (inaudible) Crookston: I hope that it doesn't go to court but it is up to the developer to decide how to do that. It also has to be in agreement what is best for the City's sewer system. So there are some issues there that still need to be worked out. Tolsma: (Inaudible) Corrie: Any further discussion, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR PACKARD SUBDIVISION NO. 2 BY PNE/EDMONDS CONSTRUCTION: Corrie: I will open the public hearing, we are going to end up tabling it. Tealey: It is best we have it at the May 20th meeting. Crookston: You are going to table this and continue it to May 20tn? Corrie: Well we have a public hearing scheduled we still have to have the public hearing and then we can table it and continue the public hearing. Anyone else from the public? Vern Alleman, 2070 E. Ustick Road, Meridian, was sworn by the City Attorney. Alleman: In regards to the plat, I still haven't gotten an answer in regards to Nampa Meridian or Settlers Irrigation District. Also, I would like to ask Mr. Tealey where in the findings of fact it addresses the irrigation scheduling time for construction. I would like to find out what page that is on? (Inaudible) Bentley: The meeting will be continued. Corrie: We will do the same thing as we are doing now and you will get another shot at it and the questions will have to be answered again. Meridian City Council May 6, 1997 Page 40 Alleman: I thought that is the way it was going to be on Saunders and they didn't open it up for the public. Corrie: This one will be. Alleman: Thank you Corrie: It is a continued public hearing so you will want to be here in two weeks to give testimony. Is there anybody else who would like to issue testimony at this time (inaudible). Council I will entertain a motion Morrow: So moved Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to continue the public hearing on item #9 the preliminary plat, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: PNEJEDMONDS CONSTRUCTION: DISCUSSION OF PACKARD NO. 1 SUBDIVISION CONDITION OF APPROVAL ITEM 3: Corrie: I think this is a discussion about tiling all ditches prior to any phasing done. Tealey: Yes, the staff felt since it was brought up at the meeting.by someone from the public that wanted all of the ditches surrounding Packard No. 1 to be tiled before as part of our first phase that it should be made a condition. Evidently there was some confusion or a misstatement certainly that a representative of the developer that said yes we will tile all ditches as part of this first phase What we want to do is the all the ditches as each phase is constructed as a standard practice of any subdivision. In other words, where the ditch borders our property we will pipe it and that is the way we designed it. For some reason it got entered into as Item #3 that we should pipe all the ditches around all the 40 acres as part of the first phase. Maybe Shari can shed some light on that, she evidentially picked that out of the public testimony on Packard No. 1 approval is that correct Shari? Stiles: Mr. Mayor and Council, it was my recollection that an indication had been made at the public hearings that was no problem. But I am unable to find anything in the minutes that says that whether it was Ted turning to the developer and them nodding their head. I don't know what it was but that was always my belief is that they had agreed to that so that was why that was in my comment was that they should tile all the ditches and then when the plat was approved it was approved with all staff conditions. MERIDIAN CITY COUNCIL MEETING: May 6 1997 APPLICANT: PNEIEDMONDS CONSTRUCTION ITEM NUMBER; 8&9 REQUEST: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 35.23 ACRES TO R-4 WITH A PRELIMINARY PLAT FOR PACKARD SUBDIVISION NO. 2 (PLEASE REFER TO THE FILE FOR A COMPLETE ACCOUNT OF MINUTES) 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: COMMENTS MINUTES FROM 3-11-97 P & Z SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS V CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS �U NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: i Jv V US WEST: INTERMOUNTAIN GAS: V BUREAU OF RECLAMATION:` Y " OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning & Zoe _ . ig Commission March 11, 1997 Page 13 Johnson: Recommendation? MacCoy: The recommendation, the Planning and Zoning Commission hereby recommends that the property set forth in the application be approved by the City Council for the zoning amendment requested under the conditions set forth in these findings of fact and conclusions of law including that the applicant or his successor, interest, assigns, heirs, executors, or personal representatives enter into a development agreement and that the property only be developed under the conditional use process. That if the applicant is not agreeable with these findings of fact and conclusions of law and is not agreeable with entering into a development agreement and developing the property only under the conditional use process the application for the zoning amendment should be denied. Manning: Second Johnson: It is moved and seconded that we pass a recommendation onto the City as stated, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF APPROXIMATELY 35.23 ACRES TO R-4 BY PNE/EDMONDS CONSTRUCTION: Johnson: This has been before us some time ago, I personally have a conflict of interest, it is adjacent to my residence so I am going to step down. We are in receipt of numerous letters from adjoining property owners. Most of which are either opposed or unfavorably disposed towards the application. There is one letter in favor of the application as stated. At this time I will step down and turn the conduct of the meeting over to Commissioner MacCoy who needs to open the public hearing. MacCoy: Is the applicant or his representative here, I will open the public hearing. Pat Tealy, 109 S. 4th Street, Boise, was sworn by the City Attorney. Tealy: What I have given you is a reduced exhibit of what we have here on the poster, it should give you some idea of the location of the people that most likely will testify tonight and their proximity to Packard No. 2. We are here tonight to request annexation, rezone and approval of the preliminary plat with a development agreement. The development agreement will tie the developer to certain items that we will discuss and agree to tonight. These items being for instance fencing of the subdivision, requirement of pressurized irrigation, sewer and water services. While that is not the entirety of the development agreement it will assure the neighbors in the area that we will develop in a responsible manner. All of the utilities are available to this site. We Meridian Planning & Zc,...,ig Commission March 11, 1997 Page 14 have approved or in the past you have approved Packard Subdivision No. 1 which is a 40 acre site to the southeast of this subdivision. It joins the road system that is proposed for this Packard Subdivision No. 2. It also allows the connection for the sewer to the south slough extension that is planned by the City of Meridian. Water, power and gas are also available to this site along with telephone, cable and other utilities. We had a neighborhood meeting last night at which we had a fairly good response to. There were quite a few neighbors that showed, we talked about some of the problems that people have had with it and some of the misconceptions that possibly have been portrayed in the past. We hope some of these will come out tonight so that we can satisfy the City of Meridian that we are in fact doing this in a responsible manner. There are several questions that were part of the original review of packard Subdivision No. 2. First was connection to a road system. Since we have submitted the application which was in September of 1995 Dove Meadows subdivision has become complete. We now have a connection to a public road system on the south. This will be further enhanced by Packard Subdivision No. 1 which will being the road system to our south boundary. Chamberlain Estates in that period has also been improved and we have a road connection to the west which will get us out onto Locust Grove Road. We have proposed buffering from adjacent subdivisions by, bordering for example the Carol Subdivision and the adjacent acreage with larger lots. The R-4 zone that we are requesting has a minimum lot size of 8,000 square feet. We have over 50% of these lots above 10,000 square feet and there is approximately 48% between 10,000 and 8,000 square feet, 8,000 being the minimum. We are buffering the adjacent subdivision with larger lots as can be seen on the preliminary plat. If you wish to go over these things, I assume that you will ask me questions when I am done talking here. I will try and keep it short so that we can move on with this. When Packard Subdivision No. 1 was developed and approved and the developers then had an opportunity to buy the Brown property or the Borup property which consisted of 22 acres. They saw this as a natural progression of Packard No. 1 and natural progression of development in that section. Then the Brown property became available and the actual solution to the sewer problem then became evident. We would take the lift station that is a portion of Packard No. 1 and eliminate it and actually get the sewer into a gravity situation along the South Slough. This is one of the main issues that probably will be approached tonight. One of the other main issues being Wingate Lane. Wingate Lane has been a subject of a lot discussion it was the prime point of discussion last night at the neighborhood meeting. We have assured the neighbors that we will have no access whatsoever onto Wingate Lane as is seen by the preliminary plat. There are, let me go to the exhibit here, Wingate Lane is in this, is shown on the map in this area right here. They are fronted by these owners who have access to this private lane along with two five acre lots down here that are owned by Reichert and Sharp. This road system that we anticipate right now will have two gates across the public road system that we have in this area right here you will be able to have pedestrian and bicycle access and some type of emergency access through break away ballards that will allow (inaudible) if anything were to happen on either side and the only access in through here would be break away bollards. These are specifically Meridian Planning & Z(-- -Ag Commission March 11, 1997 Page 15 designed for these purposes. Just to go over the sewer issue graphically we have a lift station that has been approved for Packard No. 1 down on this area. It is at the north connection of Packard No. 1 to Packard No. 2. We will propose moving this into Packard No. 2 as part of the solution to the sewer to get the sewer out of this area because we had a problem with gaining access to the south slough sewer over the past year we tried to negotiate with the land owner but it just didn't work. This right here that you see in red that you also see on the drawing is the south slough sewer. It is an 18 inch sewer that is proposed to go along the south slough. We will make this connection here at the northwest corner of subdivision. This lift station down here at Packard No. 1 not only serves Packard No. 1 subdivision it also serves the elementary school that is planned for out here on Eagle Road. That is one of the reasons that it was able to be built because we provided sewer up in here and they didn't have to wait for this (inaudible) So that is one of the benefits of us bringing the sewer and the water to this area. There has also been some question about irrigation, we will provide pressurized irrigation to each lot in this subdivision. We have entered into an agreement with Nampa Meridian Irrigation District who will own the system. We are presently right now building a system in Packard No. 1 which will accommodate the Dove Meadows Subdivision, Wingate Subdivision, Packard No. 1 and Packard No. 2. This is being done at the cost of some $85,000 by the developer who will provide the piping system, the pumps and the pump house and then turn it over to Nampa Meridian Irrigation District who will own and operate it. That is a just a short overview, if you have any questions (End of Tape) Borup: (Inaudible) I might mention to the applicant and especially to the public, since last month and for the last several months things have changed as far as our comfort zone with what has happened in the past. We have received packets of minutes of the meetings, all the submittals, the last week we have been going over those. We have gone through about 6 hours of catch up on this application. I feel a lot more comfortable knowing what has transpired in the past, the requirements from ACHD and the City and everyone else. I think we are all up to date on the thing now which makes it a lot easier on our part. Tealy: Just to add, if you did read those you can see there is quite a long progression of let's stop and get more information and then we got to this point and more information. We got to the point where sewer was the issue and we have solved that issue. That is where at the last meeting we pretty much thought we had the solution to the problem, but with all of the new commissioners on here it was very prudent that you get it reviewed so if you do approve it you can do it at a comfort level. Borup: Just to make one other comment, I know the items that you had mentioned would be completed were all items some of them specified by ACHD. Your solution on Wingate Lane was their recommendation, written recommendation and I believe the same thing on sewer was what was worked out with the City Engineer isn't that correct? Meridian Planning & Zo,- ig Commission March 11, 1997 Page 16 Tealy: That is correct. MacCoy: Just one comment from myself, since I am in the position of one side and then the other. As Keith has already mentioned we have spent a lot of time on this thing which I do appreciate. I want you to understand that I know it has been a long drawn out process and sometimes go slow is a way to do things like this. I was going back through some of this material and every commissioner up here has changed since you started all of this. So thanks for the time for that. If there is nothing else, are you going to sit down. Just for the record and the public here, as you will look at this map or you have already heard our applicant state the Name of Borup, Keith didn't get up to leave for conflict. I asked him for the record would you please explain the name situation here? Borup: I think that name had come up with apparently some property that a Borup had owned, I am not even sure of how many acres it was here, was that about 10 acres or somewhere in that range. Whatever it was it was a tract they owned, I didn't even know anything about it until last month's meeting I was talking to one of the neighbors or someone around the area and asked if I was related. Going back it looked like maybe through my great grandfather there was a relationship. Also the property is not owned by Borup at this point anyway. So I don't feel like there is any conflict there and I wouldn't think that anyone else would either. MacCoy: Through working with our Counsel we felt it would be best to go on record with that. Anybody from the public that would like to make a statement now? Dale Sharp, 2445 Wingate Lane, Meridian, was sworn by the City Attorney. Sharp: I expect you have this letter, we would like to have those issues in writing that they address those issues in writing and also address the issue of why they sold off part of that split to those properties. I think this is not legal, if it is not then why do we proceed with this. Also, I had a question as to they have all the small lots you might say over, in front or our property, most of them anyway. The minimum lot is I think 4 of them, 8,000 square feet and they are protecting the Carol Subdivision with the larger lots. I think we ought to have a level playing field there if we are going to do this thing. And they say it is difficult to do, well I don't think it is difficult at all. If you take 4 of those lots at 32,000 and divide by 3 you would come up with 10,600 and if you take 3 of the lots over by Carol Subdivision, there are a couple of them with 15,500 and 11,700. If you divide by 4 you would come up with about 10,600 that would kind of even this thing out and not give the appearance of stacking the deck against us. I just don't think it is necessary I think we have been out there before Carol Subdivision was ever in there. In fact if we hadn't been there you would probably have 300 mobile homes out there because that was their original was to put 300 mobile homes in there. Like I say we have been out there and I do object to this subdivision. Our educational system is going Meridian Planning & Z(,...ng Commission March 11, 1997 Page 17 to unduly impacted. Our traffic is going to be impacted, our crime rate is going to go up and all of our services are going to be impacted. So that is what I object to. Fitzgerald: Mr. Sharp, I have one question, you referred to a letter, what letter were you referring to? Sharp: We brought it over for the Commissioners. Fitzgerald: That is the letter dated March 8, 1997? Sharp: Yes MacCoy: Is there anyone else that would like to make a statement? Vern Alleman, 2101 East Ustick, Meridian, was sworn by the City Attorney. Alleman: I have some concerns about Packard No.2, at the present time irrigation water for our property comes through the land proposed for Packard No. 2. 1 understand the City requires these ditches to be tiled, I am concerned that this tiling be done between October 15th and March 15th off season for irrigation so as not to interfere with my crops. I am also concerned about the size of the pipe for this, placement of the main manholes. Also grade of pipe and inspection for the same. I also request that the easement for this be recorded so as to avoid conflicts should be necessary to repair or maintain this in the future. I am also concerned about the location of the system across Packard No. 2 subdivision to our property. As a matter of information there has not been any agreement made for the sewer crossing our property to Packard No. 2. MacCoy: Thank you Borup: I have a question, is that under Nampa Meridian Irrigation District? Alleman: Yes Borup: Don't they usually regulate the irrigation as far as specifications? Alleman: No that is my private ditch you might say or it would have been anybody along there once it left Nampa Meridian's canal there. Their delivery point is, therefore it becomes our concern from there on from our head gate. Our head gate is up east of the South of Wingate Lane. Borup: And it is the responsibility of any land owner to, then you are saying they can do anything on their property as far as relocating as long as the water is delivered at the beginning of your property. Meridian Planning & Zoe.., Ig Commission March 11, 1997 Page 18 Alleman: I am not saying they can I wanted to see what they, I know where it is now. Borup: Isn't that what it normally is that the water still needs to be provided to your property the same as it was before. Alleman: Oh yes, it has to be delivered Borup: And I think that is the same thing that Nampa Meridian is going to make sure that is required. Then just clarification on your comment on the sewer crossing your property, they have got no plans or designs for that to happen at this point. Alleman: We have discussed it and we haven't reached an agreement. Borup: Well they have gone another way. Alleman: That is fine Borup: Thank you MacCoy: Anyone else? Albert Dauven, 2820 Wingate Lane, Meridian, was sworn by the City Attorney Dauven: I am kind of concerned like Vern is with the irrigation water. Ours comes quite a ways further east than his does and then comes all the way almost to the Borup property there and then comes up the regional house. Anyway, Nampa Meridian says they have no laws, they can do nothing for us. This has to be decided right from the get go, we have to have it in writing. Because there is no agency that governs this. You can go right down Ustick and hit every farmer down there that has been impacted by a subdivision along Ustick Road and they will tell you that the have been inconvenienced by the contractors. So to protect ourselves we need to have this done. Borup: I am not sure what it is you want done. Dauven: I want it in writing that the water is going to be delivered to us that they are not going to go out there and tear our ditch out and six months later they put it back in. We have got to protect ourselves. That is what everybody has told us up and down there that has been impacted by a subdivision. You have got to get it in writing, you have to have it notarized, you have got to have some way to make them do it. It might not be them it might be the contractor they hire and he might not just get the job done. Borup: You are talking about an uninterrupted flow of water Meridian Planning & Zr,, ig Commission March 11, 1997 Page 19 Dauven: Right, in the summer time, during the irrigation season which is April 15 to the end of August is usually when the water season actually starts. As far as these gates going across Wingate Lane we went over this time and time again, we do not want the kids out of the subdivision in our animals. I live right on the south slough and that slough is the biggest attraction for little kids that you have ever seen in your life. I mean we can chase them out of there probably three times a week that come out of Carol Subdivision. That is quite a distance if you get to looking at it from the road into Carol Subdivision to my property. But they are in there all of the time. We have said this that we didn't want any foot traffic or bicycle traffic, because we have it right now along the half mile deal, the Nampa Meridian east west road right there behind Sharp's. Now the kids ride their motorcycles likely split up and down that, they have had snowmobiles out there. They dump all of their trash over it, over the fence, that people put all of their clippings, rocks. If you want to see it for yourself just go out there and drive down that dirt road. And you can see what they have thrown over their fences. I want to protected from that. I want to see a berm built with a fence built on top of it. Borup: A berm between where? Dauven: Between Packard No. 2 or the Brown property and Wingate Lane. And probably Dixie's property and Peterson's property. Or else, if Wingate Lane is impacted by a road and it is decided to put a road through there then maybe we ought to have a dead zone from the center line over I don't know what it would be, it would probably be 30 feet because they would probably make it a main road through there in the future. So each side would have to give up 30 feet so maybe there should be a dead zone from the center property line over the 30 feet so they can't do that. If you understand what I mean. The road right now is dedicated 15 feet off the west side property. If the City or whoever is going to be in jurisdiction of it one of these days they might want to as people sell their property the 5 acres that is in there they might want to put a big road through there or a main road. So we have to take those kinds of things into consideration too. Borup: You are suggesting a right of way dedication for future roads you are saying? Dauven: Well it is something to that effect. I don't know how it would impact the neighbors or what it would do, but I think we have to think about the future, we can't just think about right now. If you build all of those houses right next, let's say 15 feet there where the road is at now. You back it up against there and what are we going to do, if they want to put a road through there if they are going to have a school up through there it is going to be something to kind of think about. Maybe we are not making the right decisions right now that we need to maybe (inaudible) to set that back. Another thing is if we take the 15 foot off the back of those lots they are all along Wingate Lane there that cuts them down, if you want to measure them that is going to cut them down to almost 8,000 feet. Meridian Planning & Zo. .,ig Commission _ March 11, 1997 Page 20 Borup: Well not on this plat, these lots are (inaudible) Dauven: Yes but they lose 15 feet because of road dedication there that was done in 1903 or 1913. See the property line is actually (inaudible) Borup: So you are saying the whole road is on their property? Dauven: Right because our for fathers kind of give it away the people that owned the land on the west dedicated it to the people that lived along the lane. So they proposed 15 feet from that property line to the west. Borup: Even if 25 feet was dedicated which would be a 50 foot right of way if half was taken from each that would still leave those lots 84 by 105. So they are well (inaudible). Dauven: I was just saying that it does size them down when you take into all the considerations and everything. You have to take quite a bit of thought into that. I would just like to say that we wouldn't like to see the kids, we have horses and horses like that are unpredictable. And you don't know what they are going to do and kids love to go and pet horses. We went through an unfortunate circumstance this last year with two horses and one killed the other one. So, they were both tame horses, you just don't know what an animal is going to do when it is that big and powerful and that is the same with a cow. You might go out there everyday and pet that cow and one day it comes out there and puts its head down and shoves you into next year. So that is about all I have to say, you are putting agricultural with public and I don't think a six foot fence is quite adequate. Because if you put horses up close to that 6 foot fence and they throw their clippings over there they are going to compact a horse and kill it. Lots of people that live in the City don't understand that. They think it is grass and they can eat it. That is just some things that need to be addressed that I think they just get passed by quite a bit. I am a business owner in Meridian, I do pay taxes in this town. I am not an outsider per say. I am not against this subdivision development but I want it done right for what we have got there. That is about all I have to say. MacCoy: Thank you very much Don Bryan, 2070 North Locust Grove Road, Meridian, was sworn by the City Attorney Bryan: There are a lot of new faces here since the last time I was here. So I will introduce myself as a property owner on Locust Grove which was affected and impacted by a multitude of subdivisions around the whole area, the whole section between Locust Grove, Fairview and Eagle Road. I had a history of fighting water problems and the way the developers develop and some of the problems we have run into and we have managed to work out and both the pros and cons of these developments. That is why 1 am here tonight to get some of these things in writing and Meridian Planning & Zo. ig Commission March 11, 1997 Page 21 a lot of things that I have learned from my mistakes is I didn't get things in writing and it was my fault, tough luck for me. I don't want to see anybody or myself go through that again. So there are a few items that I would like to bring to your attention over here. Mr. Dauven had a lot of them, I will start by kind of following up on his that agricultural and residential separation needs to be looked at. I think the ordinance requires fencing but I have dealt with the developer. I live between I am right behind the Fred Meyer on Fairview. I work with the developer and he put up a chain link fence along my property line but that doesn't keep the kids away from the horses. I am in the process now of putting up signs telling them to stay away both on Locust Grove and in the vacant lot next door seems to be a magnet for everybody, kids and parents alike and dogs and it is a problem. I don't know what the solution would be but it needs to be taken a serious look at. The reason I am putting up signs is to get rid of my liability as far as somebody getting bitten or hurt or anything that is going to happen out there. Another item that needs to be addressed is the pressurized irrigation that they are putting in on this new development, the reason I am here is because Packard No. 2 connects with Packard No. 1. Packard No. 1 my lateral coming off the main ditch canal comes along the two sides of Packard No. 1 and down to me. Since all of this project is tied together then I am wanting the developer if he is here tonight to put on public record stating what his plans are and maintain those ditches until they get developed or while they are getting developed. Right now in Packard No. 1 the ditches are just choke full of weeds they haven't been taken care of in two years. It used to be farm land and the man that used to farm that particular piece ran a ditcher through there and burned it off every year and we had plenty of the good water supply. I don't know what they plan on doing in the next 30 days to get that cleaned out and get taken care of. Or what they are going to do with regards to the pressurized irrigation, what they are installing, what they are putting in and how it will affect me and how it will affect the other property owners. They hire the people to design the systems and they go ahead and put them all in and then say six months down the road I don't get any water who do I go talk to? I had nothing to do with the design it was Nampa Meridian that takes it over after the developer designs it, I am kind of in the dark on this and I am sure (inaudible) because they have to supply water to all of these people. But I would kind of like to see what is going on or be part of the process as far as what they are doing. I also have a problem with the traffic flow, initially, I question how these tie together number 2 and number 1 because they are proposing running a lot of the traffic on the Ada County traffic study. They said most of the traffic will be going since they are connected will be going out Fairview which was nice for me living on Locust Grove, Locust Grove is so busy now you can't even get out there during the peak hours. According to the Ada County Highway District traffic study that you have in your packet it states that with the development of this project, this Packard No. 2 you are going to put 950 more vehicles per day on Locust Grove Road. I question whether we can handle that until Locust Grove gets improved. It is slated to be improved in 1998 which will be more like the year 2000 before they even widen it enough to handle the traffic. So I think that needs to take a serious look at. I believe that is all I have, do you have any questions? Meridian Planning & Zoe ... ig Commission March 11, 1997 Page 22 Borup: You said your ditch, the water delivery to your property goes through Packard No. 1? Bryan: It goes through Packard No. 1 and then from that point on it, where it comes down on the south side of Packard it abuts the church and the Packard property and then it is buried from that point to me. Borup: So Packard No. 2 does not affect your ditch? Bryan: No Borup: Did you, I assume then that you were here testifying when Packard No. 1 was approved? Bryan: Yes and I got put in the public record that the developer will probably argue this point but the way I read the findings I have in the public record that he is to the that ditch that affects me before he starts development. If you like I can read that to you, I have it with me. He contested it at the time of the approval but the way I read the approval (inaudible) Borup: Thank you MacCoy: Thank you very much. Marc Peterson, 2700 Wingate Lane, was sworn by the City Attorney. Peterson: I just wanted to reiterate some of the concerns that have already been brought up like with the irrigation. They mentioned tonight about where the road in their subdivision is going to cross Wingate lane there and have gates so that they cannot have access onto Wingate Lane. But they said that there would still be pedestrian and bicycle traffic across there which I do not agree with. My property is only about 100 feet from where that gate would be and we do have horses and livestock there. We have electric fences there and I don't want kids and stuff going up and down the lane. I am also concerned with the lot size again they increased the lot sizes around Carol Subdivision and down one side but not directly across from my property right there. I believe that both for the reason of possibly widening the road in the future and a buffer zone from the livestock and what not I like the idea of a berm and a fence there. In particular concern, I only saw the new plot last night that they are planning on doing. They have, I was the last one approved by Ada County to be have access to Wingate Lane. When I did that I had to have a minimum of a five acre parcel. I built my house and now according to their deal it looks like they are trying to squeeze one more house in between me and my neighbor now. It looks to me to be a land locked lot because it shouldn't have access to Wingate Lane and they don't really have access to their streets in their subdivision. So I really don't believe that should be a buildable lot. Meridian Planning & Zo. ... ig Commission March 11, 1997 Page 23 Borup: Which lot are you referring to? Peterson: (Inaudible) this is different than what they showed me last night. They showed me that this lot right here was going to be divided in two and that this was going to be another lot here. Because this lot here has access to the street and they cannot get out onto Wingate that would make that an unbuildable lot unless they snuck a little driveway down one side there. Borup: That is lot 14, Block 9, on the plat that I have anyway. Peterson: For the right price I might consider making an offer on the lot. Borup: This seems to indicate that there is an existing house on that lot is that true? Peterson: They are planning on putting a lot between that house and my property. They are planning on splitting that lot again according (inaudible) Anyway those are my concerns, any questions? MacCoy: Thank you, anyone else from the public that would like to make a statement at this time? Helen Sharp, 2445 Wingate Lane, Meridian, was sworn by the City Attorney. Sharp: Commissioners I thank you for your time. I think I have more questions than anything. One being I can't believe that they would ask you to pass on this when we find right of way that we have some conflicts in the plat that you have got and what we have got here. I have talked to Boise Planning and Zoning last week and if anybody goes down there and it is all public record you will find that there was no more building on Wingate Lane which means you cannot use Wingate Lane to get off and on the property. We are also told that this is a buffer zone between Boise and Meridian and I for one naturally am favored because I live on Wingate Lane and at time it was supposed to be five acres. We were told too that you couldn't divide off the property if you bought after a given year in 1968 and it has been proven by title check and that too is public record that the property that once was Borup's has now been sold to a young couple. Which means it hasn't been zoned, it hasn't been changed but there is a break. On the property that Brown's owned that is also on Wingate Lane where there are (inaudible) there are three owners there and that course transpired before the cut off and before you were allowed to supposedly legally cut off property. There are three that own that, they are the developers, Brown's and the (inaudible). The thing, my problem too is this is not only a zoning but it is supposed to be planning. I would like to see some serious planning done in this area. I would like to ask each one of you if you have any idea really where this Wingate Lane is? Meridian Planning & Zo, .., ig Commission March 11, 1997 Page 24 Borup: Yes I do Sharp: It is a small'/ mile lane, and there were pictures presented before on this lane when we were here doing this before and one of the questions of course was the benefits that Meridian might get from this so called zoning. We certainly don't need that many new houses right now. Contacting Realtors who have got over 500 that are now available that is not including those that are being contracted to be built and those that are in the process of being built because of the new subdivisions. Why would they want to build when we are supposed to be progressive a subdivision with a lift station. I am sure that if anybody is aware of what happens with a lift station the City of Meridian would have the good honor or taking care of it and the question is for how long. The sewer, if this is the impact area and we are told that it is clear to McMillan it is a big impact area why are we so concerned about how long it is going to take to get the sewer there. If they are saying that we are going to have a grade school there why wouldn't they try as fast as possible to get sewer in that area as opposed to going to some of the more outlying areas when this is so close to City of Meridian. I think that the idea of a lift station that has been moved which changes, plat one they have changed what they were supposed to be doing there and they moved it over to plat 2. 1 questioned that being a valid argument as far as continuing the development to plat one. As far as you probably can't see it, our property of course is at the end of the lane and we do abut against the subdivision with a fence and told that people do not throw gravel, they do not throw grass clippings and I will let you come over in the middle of the summer and help us move the grass clippings and also when they empty their cement barrels that they don't know what to do with. It gets on our property that is private property. We also have been told that manholes are supposed to be five feet from the property lines. If you will come out and measure ours it right on the property line. The one that goes into the street that is stubbed onto our property. Again I would request that we use a little bit of foresight and not always hindsight. We realize the development is going to be and I am for it but let's do it with some serious planning. don't think at this point that all of the issues have been addressed clearly and completely enough that they could really ask you to act on it and I agree it should be done in black and white so that you have everything concrete and you know just exactly what you are zoning and what you are planning to do with that zoning. Thank you MacCoy: Thank you very much. Dixie Roberts, 2855 Wingate Lane, Meridian, was sworn by the City Attorney. Roberts: First of all I want to thank you very much for letting us voice our opinions on this. I really oppose the growth out there, we all moved out there for country living. The developers want to come in and change it and ruin it for us so to speak. Then they leave and we are left with a mess. My son tried to buy an acre out there from me so he could build on it and they said the zoning was that he could not. He had to own five acres and they have sold off and acre and a % and since he tried to do this. So I guess Meridian Planning & Zo. Ig Commission March 11, 1997 Page 25 some people can sell some acreage off and some can't, I don't understand that. My concern is most of all the irrigation because my land is worthless without it. I don't want a pump, I want it just the way it is now because the way the land lies that is the way it should be irrigated. Another thing with growth comes children and I do love children but if they get in my property and the cows somebody is going to get hurt. I work and I can't protect them. Of course our lane, I am real concerned about that and the traffic even though they say it can't be used I think there is a lot of concern there. MacCoy: Thank you very much Craig Thompson, 2950 Wingate Lane, Meridian, was sworn by the City Attorney. Thompson: I don't live adjacent to where the property is going to be developed. I am concerned with what will happen in the future. There should be some kind of a blending effect there. I can't say how you can make it look good when you have 5 acre plots and they are right up against where you have 8,000 to 10,000 square foot lots. That bothers me. Another thing is by our property we live by the slough that goes down through there and we have a flume. A concern of mine is children getting in there and playing. How can we possibly prevent that if there is some kind of excess to that. Also, they mentioned dumping grasses over the fence and other things, that bothers me. It seems like every time we come in here we think some certain things have taken place, we come here and the some changes have taken place. The map for example, what we received last night, there are certain places where houses are going to be built where is it here? Why isn't it on the map that we received and why is it different now. I would like to see this be up front, we have been playing games with this for about 3 to 4 years. At first we were approached by the contractors, they were rude to us and threatened us and made statements that were contrary to what is true. We checked things out. I would like to come into a meeting once here where things were said that were true. Where things were consistent. So we would know as an association of what was going to take place. That has never happened and that bothers me. Again, I think there are too many questions here right now. I think that the contractors, they should again respond to some of the questions that we have, they are different than what we talked about and what we were shown last night. That is all I have, thank you. MacCoy: Anybody else? Sharp: Helen Sharp, I am sorry that I didn't bring this up before because I think it is very important. One of the big issues here for those of us that have gone before Ada County Highway and trying to settle crossing a private lane with joining two pieces of property that are divided by a private lane. I was told last week that Ada County Highway has absolutely no jurisdiction and I quote over a private lane unless a deed of warranty is granted that has not been done. So my question is right back to the original how can they get from one piece of property to the other crossing a private lane with the sewer and water if the Ada County Highway District says they too have no problem Meridian Planning & Zo, ..,ig Commission March 11, 1997 Page 26 or cannot have jurisdiction. I realize that has been addressed because we have been to the meetings, numerous meetings to that too. They don't have any jurisdiction over that. I think this is something else that really needs to be addressed and maybe a precedent set. We had contacted an attorney on this issue for our argument but they didn't have one on their argument when the (inaudible) attorney for Ada County Highway District. He said and I quote "I see no reason why we can't cross a private lane" I am sure that I couldn't go across a public road with a private one just because I thought I should be able to do that. But I think it is something that should be addressed very seriously. That you can find out by contacting Ada County offices. Borup: Mrs. Sharp, just some clarification, at this point, the road is not crossing a private lane so I don't believe that is at issue. Sharp: The road isn't but the sewer lines are going to have to cross. Borup: That was my question, you made a statement that a sewer line can't, I was confused on your statement on the sewer line. Sharp: When we had gone to meetings, one of the issues of course connecting the two properties with water and sewer. Of course Ada County Highway got involved with that and they Borup: The two properties are already contiguous. Sharp: I understand (inaudible) Borup: They already adjoin each other, it is not crossing a separate property, the two properties (inaudible) Sharp: But the private lane is in between. Borup: The lane is one their property yes. Sharp: The private lane is an entity of its own because of the contract that was drawn up in 1913. It is a dedicated private lane. So the question is could anybody just do what they want to cross that private lane. I am saying this is something that needs to be addressed. Borup: As far as the sewer you are saying? Sharp: Anything, we are also told of course they can't go down Wingate Lane there can be no more access to it. If you want to go down to Ada County Planning and Zoning they have got on every one of their maps no more building permits on Wingate Lane. So if they have got a piece of property where they would have to go down Wingate Meridian Planning & Zoe „.Ig Commission March 11, 1997 Page 27 Lane at this point no they cannot do that. So I agree with them I think that the plats and drawings should be more concrete before they even ask you to consider acting on it. MacCoy: Gary, do you have any comment on that? Okay, Dan Wood, 13141 West Blue Bonnet Court, was sworn by the City Attorney. Wood: I would just like to make a couple of comments in favor of this project. The City's comprehensive plan calls, the comprehensive plan as was impact states that they want residential houses in this area. So I mean that is what they are doing. They are also exceeding the surrounding subdivisions which are all zoned at R-8 they are going with larger lots which are R-4 zoning. All of their lots are exceeding the minimum standards of 8,000 to 10,0000 and 12,0000. They are doing everything they can to help these neighbors. At this point they have got their rights too, they own the ground as long as they abide by the rules of the City, the County and the State then they should be able to do as long as they meet the requirements. I understand all of these people's concerns but these guys have their rights. MacCoy: Thank you Alleman: My name is Vern Alleman, I too, I didn't put it in my but I have livestock that adjoins this property on the north. Therefore I am concerned about the proper fence to defend problems with children and livestock. So I think that should be addressed. Thank you MacCoy: Is there anyone here that would like to make a statement? I am going to ask the applicant, do you want to take the podium? Tealy: Pat Tealy, the applicant's representative (inaudible) with the City of Meridian that we hope will ensure some of the concerns that the adjoining neighbors have. Irrigation seems to be a problem and certainly we have to deliver the same quantity to the same place that it now exists. In other words Mr. Alleman, Mr. Dauven and Mr. Peterson will all get water delivered to them where they have it delivered now and in the same quantity. If they feel that they need an agency to review our irrigation plans w we will gladly accept any review by Nampa Meridian Irrigation District whether or not they have jurisdiction over these ditches or not or the City of Meridian whichever you choose we will do it correctly. We won't provide pressurized irrigation to them but we will provide them with the water that they now have. Wingate Lane Borup: Mr. Tealy, while you are still on that subject, do you have a comment on the interrupting water flow, is that something, have you talked with the applicant on it if they feel that they can construct the new lines without disrupting water service? Meridian Planning & zo, .., Ig Commission March 11, 1997 Page 28 Tealy: It is their intention not to disrupt water service, there is no doubt about that. Typically this is done in an off season situation, we will build it during the winter to market it during the summer. There are always situations I agree where a contractor may not do what he wants, what we want him to do or in a timely manner. If there is anything we can do to assure him of that we will enter into any agreement that they would like. We will not interrupt their water. Borup: Is that the plan at this time the schedule would be, I realize that phase 2 and phase 1 are just going, or Packard No. 1 is just getting going and this is two. So it looks like at this point the schedule would work that it would be planned for construction during the off water season? Tealy: Nampa Meridian will not allow us to mess with their ditches which are their delivery points where they get the water during the water season so we have respected that same (inaudible) Borup: So that should not be a problem of interrupting. Tealy: Wingate Lane seems to touch off more than its share of concern. I am sure that if I lived there I would share the same concern that they have. We do not plan to access Wingate lane in any way. There was some talk last night I agree at the meeting of an additional lot along Wingate Lane. That is no longer planned, that is not part of this plan, it never was because as you see that lot 14, Block 9 is all one lot. We do not plan an additional lot on that. (Inaudible) Tealy: I can assure them that will not be a lot, there will not be any building on it whatsoever. Borup: Doesn't lot 14 have a house on it? Tealy: Lot 14 as an existing house on it. Borup: Is that the lot that they are referring to talking about possibly being split? Tealy: Yes right now the lot that the person that owns Lot 14 doesn't own all of the lot 14 that is represented on this plat. They are either going to sell it to him as part of the subdivision or it will have to be part of lot 14, it will not be another lot, I can't say it any more plainly. There will not be another lot. Borup: And maybe for information that is the way the plat is drawn so that the plat would have to be changed and resubmitted for that configuration to change. Meridian Planning & Zoe ..ng Commission March 11, 1997 Page 29 Tealy: That is correct, Wingate Lane getting back to that. We do not plan or the Highway District doesn't plan that I know of in my conversations with them of improving Wingate Lane. That is going to stay the way it is. There was a gentleman up here Mr. Dauven questioning or not whether we should grant some additional right of way to plan for the future of an improved Wingate Lane. We certainly have learned in this process that Wingate Lane is not going to be messed with, that is all there is to it, it is a private lane. I can show you on the drawing where we have planned for an exit out to, originally we had planned for Wingate to be an access to the subdivision. We had this road was actually over in this position and we were going to improve Wingate Lane with curb, gutter and sidewalk and put the sewer and water in. We got so much opposition to it that we totally abandoned any effort to deal with Wingate Lane. We even had a plan at one time that showed (inaudible) we had discussions with bringing this culdesac (inaudible) so that Wingate Lane would have a good access to Ustick Road, right now it is a pretty dangerous intersection. It is just a 15 foot dirt road that comes out (inaudible) right on Ustick. We were offering (inaudible). Right now our plans are to dead end an access road into the Alleman property. If the Alleman property ever develops in the future this road will then go out to Ustick Road so that we have a main connection with Ustick and can longer mess with Ustick at all. (Inaudible) Mr. Bryan brought up the fact that Packard No. 1 has sort of been on hold for 2 years. Well it has been on hold for two years and not farmed because of this ongoing process with Packard No. 2. 1 assure him right now that we will clean the ditches and we will start the construction of Packard No. 1 within a short time period. We are just waiting for this approval to know the ultimate plan for the location of the lift station. I guess other than that, we did hold a neighborhood meeting, just about all of the people that testified were not there. There was Mr. Dauven was there, Mr. Peterson was there and that is it ( Inaudible) I don't remember him. So there are three of these, a lot of these questions could have been answered and maybe we wouldn't have had such a conflict here at the meeting. If there are any questions I would be happy to answer them. Borup: I had a number of them, but I think we answered them as far as the plat we have the proper plat at this point. Any comment on the sewer crossing Wingate? Tealy: Their easement is for a private road, the developers own the land that underlies this easement. We cannot interrupt their use of that easement in any way. It does not preclude in any way the construction of utilities. If it is a legal issue it will be settled, if they get a lawyer to sue us again we will get a lawyer to defend it. I don't know if that is a good solution to it but if that is where it has to end up we believe we have the right to cross that easement with utilities. MacCoy: Anything else? Thank you very much, are there any other questions? Sharp: Yes I would just like to address why we weren't at the meeting. I think we have gone up and down this road and heard so many stories before on what they are going to do and this change and so forth that we wanted to have it before Council here the Meridian Planning & Zoe ong Commission March 11, 1997 Page 30 Commissioners on record of what they are going to do, so it could be understood. Also, on the Nampa Meridian Irrigation easement there we want a gate there because right now we get people going back and forth across our property there and with their snowmobiles and motorcycles and just walking and they throw their grass clippings and even with signs there that say no trespassing for Nampa Meridian Irrigation business only. They go over the cable and they pull it up and go under it. So I want that on my southeast corner of my property there so we don't have access there, people out of the subdivision. If they get there then they can go right down Wingate Lane and cause more problems and we don't need more foot traffic and bicycle people going across on Wingate Lane. It is a private lane and who is going to be responsible. Are you going to put it on us or are you guys, if you allow this are you going to be responsible, the City? Fitzgerald: I am sorry could you identify yourself? Sharp: Dale Sharp Borup: Your comment on the gate, that is access to an irrigation ditch on your property? Sharp: They have, Nampa Meridian uses it or their, it is their Stokesbury lateral. Borup: And that goes through your property and it is the maintenance road that you are referring to, the Nampa Meridian maintenance road. Sharp: Right, all we need is something to discourage that traffic on there. I do have livestock also and the people get on there and they throw rocks and they throw their trash out in my pasture and I don't need that. If we can get the gate there I think it will stop a lot of that. Borup: There have been a lot of comments on grass and I just feel like making an off the record editorial comment, a good solution I have seen happen in the past when someone throws garbage and grass is just go pick it up and throw it back. That usually solves the problem. I have been in that situation before, or talk to the individual. I do have one more question of the applicant and Tealy might be able to answer. That was pertaining to the gate for the maintenance road for Nampa Meridian. Is there any discussion at all with Nampa Meridian do they want a gate there is that something they would like on their property or maintenance road? Tealy: That is nothing we have discussed with Nampa Meridian, typically that was something that was just brought up tonight. We can certainly talk to Nampa Meridian but whether they would want a gate on their road they would just have to get out and unlock every time they go down the maintenance road. That can be more trouble for them than they want. Meridian Planning & Zoe „ng Commission March 11, 1997 Page 31 Borup: That is what I was noticing, other subdivisions they have not usually gated them and I think that was by their choice. Tealy: If it is something that Nampa Meridian wants then we would put a gate there. Borup: Thank you. MacCoy: Entertain a motion? Since there is no other person from the public that would like to speak we will close the public hearing at this time. Borup: Mr. Commissioner, I would move that instruct the City Attorney to prepare findings of fact and conclusions of law on this application. Manning: Second MacCoy: It has been stated and seconded, vote Borup: I think for discussion I think some emphasis on their irrigation seems to be a big concern of the neighbors, I think that is something we would want to consider in the findings. MacCoy: All those in favor? Opposed? MOTION CARRIED: All Yea TEN MINUTE BREAK ITEM #11: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR PACKARD SUBDIVISION NO. 2 BY PNE/EDMONDS CONSTRUCTION: MacCoy: I will open the public hearing and do you want to make a statement? Pat Tealy, 109 S. 4h Street, Boise, was sworn by the City Attorney. Tealy: As I said I understand we had a little bit of procedural mess up. We thought that this preliminary plat was included with the annexation and rezone. I just ask that you enter the public testimony from the prior item into the record. Thank you MacCoy: Is there anybody from the public that would like to make a statement at this time? Your earlier statements will be carried forward, you are not required to come back up here if you don't feel like it. Meridian Planning & Zoe „ng Commission March 11, 1997 Page 32 Borup: I do have a question for the applicant then. This is, (inaudible) it looks like on here that there were between the two properties 3 existing residences, is that correct, 2 in the Brown property and 1 on Lot 14. Tealy: There is only one on each property. The original Brown residence and the original Borup residence. They will be made parts of the lots in the subdivision. In other words they will be a lot in the finished subdivision. Borup: The plat refers to, it is all one lot on lot 7, is the house that is on the Brown property. Does the applicant presently own both of those properties then? Tealy: I believe they were sold to, I don't know their names Borup: But they are not the deeded owners at this point of those two properties? Tealy: No they are not, those people will be included in the signature on the plat. Borup: That was my next question. Then I guess we are to assume that they are participating. Tealy: Yes, there was a statement gathered from each one of them prior to the sale of those lot that indicated their concurrence with the plat and their signature on the plat. Borup: I didn't find that in our packets, do you know was that forwarded to the City or not? Tealy: Truthfully I have never seen them myself, that is what the developer tells me. If you need those statements I am sure they can supply them. But in order for the plat to be recorded they would have to be a record owner of the property and sign the back of the plat. Borup: That is something, you say that is something the County (inaudible). Tealy: The County engineer will assure that fact. Borup: Thank you that is all I have. MacCoy: Are there any other statements to be made? I will close the public hearing on the preliminary plat for the Packard Subdivision No. 2 (inaudible). Borup: Commissioner MacCoy I would since this point we do not have findings and conclusions I would move that we table any action on the preliminary plat until after we reviewed the findings of fact and conclusions of law. Meridian Planning & Zo, :ng Commission March 11, 1997 Page 33 Manning: Second Borup: Table that to our next scheduled meeting which is April 15. MacCoy: All those in favor? Opposed? Borup: I correct that to April 8, table it to April 8. MacCoy: Is everybody in favor of that now? MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF APPROX. 4.26 ACRES TO L-0 BY A'a LLC: Johnson: I will now open the public hearing and invite the applicant or the applicant's representative to address the Commission. Roger Smith, 870 N. Linder Road, Suite B, Meridian, was sworn by the City Attorney. Smith: This project is as discussed a proposal to annex and rezone to limited office the corner of, the southwest corner of Franklin and Eagle Roads. This is primarily for the purpose shown, the three professional office buildings that will be nestled up in the corner. This project meets with the City's comprehensive plan to have this general area basically rezoned to commercial and mixed use. We have received the City's requirements for annexation and zoning and also for the conditional use which we are in concurrence with and have addressed with a letter in writing to the City. We feel that this would be an excellent use for this parcel of ground compared to other possible uses for the commercial and mixed use zone. The plan is to have very high quality construction for these buildings basically a split face masonry with glass block and some tinted glass on the exterior structures and an extensive amount of landscaping to both help screen the project from the adjacent residential uses and to buffer noise from both major thoroughfares which this project abuts. The buildings are planned to follow the existing topography and basically blend in with the existing terrain. If you want to look at the elevation that we have now or when we address the conditional use but I can pass this around. The view that is shown there is what the view will be from the corner of Franklin and Eagle. The buildings that are shown the one, in the northeast corner is planned to be basically two stories that are above ground to hide some of the parking we have designed to have the parking underneath that main building for some of the use there. There will be elevators that are going to be in the corners in the parking area along with enclosures for trash so that we keep those out of the exterior of the buildings. The two lower buildings will be 2 stories each with basically a daylight basement concept. The lower floor will be completely below grade of the uphill side of the structure. Walkways are planned in the berms and as shown in the area adjacent WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. 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 Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 GRANT P. KINGSFORD Mayor R RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER MEMORANDUM: July 11, 1995 UPDATED: NOVEMBER 13, 1995 To: Mayor, City Council and Planning & Zoning From: Bruce Freckleton, Assistant to City Engineer Re: PACKARD SUBDIVISION NO. 2 - Revision received Sept. 21, 1995 (Annexation/Zoning and Preliminary Plat - By PNE/Edmonds Const.) I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: GENERAL COMMENTS 1 • Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped are to be shown on the Preliminary Plat. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the street development plans. 4. Submit copy of proposed restrictive covenants and/or deed restrictions for our review. 5. Provide 5 foot wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 6. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. 7. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any necessary corrections to the Preliminary Plat map prior to resubmittal to the City. C:\WPWINOD\GENERAL\PACKARD2.P&Z Mayor, Council and P&Z November 13, 1995 Update Page 2 8. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 9. Indicate any existing FEMA Flood Plain Boundaries on the Preliminary Plat Map, and/or any plans to reduce said boundaries. 10. Submit a master street drainage plan, including the method of disposal & approval from the affected irrigation/drainage district. 11. Respond in writing, to each of the comments contained in this memorandum, and submit with copies of the revised Preliminary Plat Map to the City Clerks Office SITE SPECIFIC COMMENTS 1. The legal description submitted with this application and Preliminary Plat appear to meet the annexation criteria of the City of Meridian and Idaho State Tax Commission. 2. Sanitary Sewer service to this site shall be via an extension of the South Slough Sewer Interceptor. At this time the South Slough Interceptor is at Locust Grove Rd., approximately 1800 feet west of this proposed development. The interceptor line would need to cross the length of the proposed "Chamberlain Estates" parcel and one that is owned by Vern Allemen. Without the extended interceptor line, this proposed development is not serviceable with our municipal system. Applicant will be responsible to construct the sewer mains to and through this proposed development. The subdivision designer is to coordinate main sizing and routing with the Meridian Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. This Preliminary Plat submittal does not show how the proposed development will be served. Until that sewer line routing is proposed, this development should not be considered. 3. Water service to this site could be via mains installed in N. Hickory Way as part of the first phase of the "Dove Meadows" project, however the approved Preliminary Plat of "Dove Meadows" has expired beyond the one year time frame established in City Ordinance for completing the second phase. This leaves a gap of approximately 300 feet between the existing water main and property that this developer controls, (Packard Subdivision No. 1) Applicant will be responsible to construct the water mains to and through this proposed development. The subdivision designer to coordinate the main sizing and routing with the Meridian Public Works Department. This Preliminary Plat submittal does not show how the proposed development will be served. Until that water line routing is proposed, this development should not be considered. C:\WPA K60\GENERAL\PACKARD2.P&Z Mayor, Council and P&Z November 13, 1995 Update Page 3 4. Subdivision designer to coordinate E. Carnelian street stub alignment into the proposed "Chamberlain Estates" with Hubble Engineering, Inc. 5. Revise the Preliminary Plat Map to show all adjacent land use and existing zoning of properties surrounding the proposed development, including existing or approved proposed streets and lots, revise the Preliminary Plat to include all proposed and existing utilities including pressurized irrigation, with proposed source, and addressing all other comments contained herein. Resubmit the Preliminary Plat with the revisions. 6. Submit a master street grading and drainage plan including method of disposal & approval from the affected irrigation/drainage district. 7. 100 watt high pressure sodium street lights will be required at locations designated by the Meridian Public Works Department. All street lights shall be installed, at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 8. The minimum street frontage for Lot 17, Block 2 shall be eighty (80) feet, measured at the arc for the curved portion, per City Ordinance. 9. Lots 1 & 6, Block 7 shall have a limitation on house orientation towards N. Hickory Way, Lots 3 & 4, Block 7 shall have a limitation on house orientation towards N. Malachite Ave., Lot 5, Block 6 shall have a limitation on house orientation towards E. Meadowgrass Street and Lot 7, Block 10 shall have a limitation on house orientation towards N. Devlin Way. Please indicate this with an arrow on the Preliminary Plat and Final Plat Maps. 10. Provide a 50 foot radius paved temp. turn around at the westerly end of E. Quartz St. 11. The Preliminary Plat map contour lines need to be labeled and tied to an established Benchmark. 12. The Preliminary Plat map needs to be stamped, signed, and dated by the Design Engineer or Land Surveyor. 13. Provide statements of dedications to the public and/or easements, together with a statement of location, dimension and purpose of such. 14. Any proposal for a supplementary connection from the City's water system to the pressurized irrigation system being proposed will need to be reviewed closely due to the size of the area to be watered. Applicant shall provide a statement as to the ownership of and operation and maintenance for the pressurized irrigation system. C: \WPWIN60\GENERALTACKARDI P&Z Mayor, Council and P&Z November 13, 1995 Update Page 4 15. Revise the Preliminary Plat map to show the extension of N. Wingate Ave. across the Reichert Property. Provisions shall be made in the design to accommodate access from this extension to the Sharp parcel. 16. The width of the pavement in the "90' Knuckle" turn outs need to be reviewed and approved by the Meridian Fire Dept. and Meridian School Dist. 17. Please refer to the attached correspondence between Larry Sale, Ada County Highway District and Gary Smith, P.E., Meridian City Engineer. C: \ W PWIN60\GENERAL\PACKARD2. P&Z JAMES E. BRUCE. President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretory Gary D. Smith, P. E., City Engineer 33 E.Idaho Meridian, ID 83642 FAX: (208) 887-4813 Re: Packard Subdivision No. 2 Dear Gary: October 2, 1995 RECEIVED 0 C T 0 2 1995 MERIDIAN CITY ENGINEER The Highway District Commission is having considerable discussion with regard to this application, particularly the crossing of the Wingate Lane private road easement with public road and right-of-way. There are two primary reasons that District staff is supporting the proposed crossing of Wingate Lane: the need for connectivity through this square mile, and the need for sanitary sewer to be within a public right-of-way. It is my understanding that the City requires sanitary sewer to be placed in a public right-of-way, or within a planned public right-of-way that can reasonably be expected to be constructed in a short period of time. The Commission has deferred action on the application until October 18, 1995 and directed staff to learn the City's requirement with regard to the placement of sanitary sewer and the need for the approval of Packard No. 2 at this time. The applicant has stated that Packard No. 2 approval is necessary so the City will not allow the extension of sanitary sewer Iines through the intervening property unless the future street locations have been identified through the approval of a preliminary plat, at the least. Will you please provide me with written explanation of the City's policies in this area, particularly as they apply to Packard Subdivision No. 2 and/or attend the Commission meeting of October 18 1995 (12:00 Noon) to answer the Commission's questions. ervisor cc: Chron. Project File Traffic Services ada county highway district 318 East 37th • Boise. Idaho 83714-6499 • Phone (208) 345-7680 OCT 02 195 17:13 208 345 7650 PAGE.01 OFFICIALS HUB OF TREASURE VALLEY COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk A Good Place to Live RONALD R. TOLSMA JANICE L GASS, City Treasurer GARY D. SMITH, P.E.. City Engineer CITY OF MERIDIAN MAX YERRINGTON D. CORRIE WALT W MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt 33 EAST IDAHO P & 2 COMMISSION DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES. P & Z Adm. MERIDIAN, IDAHO 83642 JIM JOHNSON, Chairman PATTY A. WOLFKIEL, DMV Supervisor Phone (208) 888-4433 • FAX (208) 8874813 MOE ALIDJANI KENNETH W. BOWERS, Fire Chief Public Works/Building Department (208) 887-2211 JIM SHEARER W.L. "BILL' GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney Motor Vehicle/Drivers License (208) 888-4443 CHARLIE ROUNTREE TIM HEPPER GRANT P. MNGSFORD Mayor October 12, 1995 Mr. Larry Sale Ada County Highway District 318 E. 37th St. Boise, Idaho 83714-6499 RE: PACKARD SUBDIVISION NO. 2 Preliminary Plat Dear Larry: I am submitting the following comments in accordance with your letter request dated October 2, 1995. Packard Subdivision No. 1 Mn No. 2 will sewer to the north into what could be an extension of the South Slough Sewer Interceptor, which now ends at Locust Grove Road approximately 1700 feet west of the Packard Subdivision No. 2 west boundary. The sewage from the proposed Packard No. 1 Subdivision will accumulate at its northwest corner in an "interim" lift station and be pumped to the south into an existing sewer line. The residents in the Packard No. 1 Subdivision will be responsible for the associated operation and maintenance costs for this lift station. The City of Meridian does maintain a policy requiring a publicly owned sanitary sewer line to be placed within a public right of way or a subdivision "common lot" area. In the past we have allowed sewer lines to be constructed across the open ground of an approved preliminary plat. The construction of a sewer line in this situation requires a permanent easement to the City of Meridian and construction of a 14 foot wide "all-weather" gravel access road over the line to allow year -a -round city personnel access for maintenance. A concern we have with this procedure is that approval of a preliminary plat is valid for only one year unless an extension is requested by the applicant. Once a sewer line is constructed across open ground following a proposed street alignment, the street alignment becomes more than proposed unless the applicant agrees to move the sewer line or create common lot areas over the sewer line. i A portion of the July 11, 1995 City of Meridian Public Works Department review comments to my Mayor, City Council and Planning and Zoning Commission for the preliminary plat submittal of Packard Subdivision No. 2 addressed the need for the applicant to submit a plan showing how this subdivision would be served by city sewer. To date this plan has not been submitted and this department will not support approval of the preliminary plat until such plan is submitted and approved. With the uncertainty of a plan and timing to construct an extension of the sanitary sewer interceptor line it is apparent the realization of this proposed subdivision will not occur in the short period of time. I hope these comments address your questions. I can be in attendance at your October 18 Commission meeting if needed. Sincerely, Gary D. Smith, PE City Engineer cc: File r ^ HUB OF TREASURE VALLEY WILLIAM G. BERG, JR., City Clerk A Good Place to Live RONALD R. TOLSMA JAN ICE L. GASH, City Treasurer GARY D. SMITH, P.E., City Engineer OF MERIDIAN MAX YERRINGTONCITY . ROW BRUCE D. STUART, Water Works Supt. WATT JOHN T. SHAWCROFT, waste Water Supt. 33 EAST IDAHO DENNIS J. SUMMERS, Parks Supt. P & Z COMMISSION SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83642 JIM JOHNSON, Chairman PATTY A. WOLFKIEL, DMV Supervisor Phone (208) 888-4433 • FAX (208) 887-4813 MOE ALIDJANI KENNETH W. BOWERS, Fire Chief Public Works/Building Department (208) 887-2211 JIM SHEARER W.L. "BILLGORDON, Police Chief WAYNE G.. CROOKSROOKSTON, JR., Attorney Motor Vehicle/Drivers License (208) 888-4443 CHARLIE ROUNTREE TIM HEPPER GRANT P. KINGSFORD MEMORANDUM Mayor TO: Planning & Zoning Commission, Mayor and Council FROM: ;YZL:i1es, Planning & Zoning Administrator DATE: November 13, 1995 SUBJECT: Preliminary Plat for Packard Subdivision No. 2 by PNE/Edmonds Construction 1. The Comprehensive Plan indicates the need for a park in this area. With over 75 acres proposed for annexation in Packard Subdivisions Nos. 1 and 2, open space appears inadequate to mitigate the impacts of the subdivisions. 2. The South Slough is designated as a future pathway in the Meridian Comprehensive Plan. Construction shall be in accordance with the Ada County Pathway Plan and City requirements. Any relocation of the South Slough will negate its consideration as a "natural waterway" and will require tiling. 3. Perimeter fencing will be required prior to obtaining building permits. The South Slough shall be fenced with non-combustible fencing outside of existing/required easement to accommodate future pathway. 4. A development agreement is required as a condition of annexation. 5. No school capacity is available to serve this subdivision. 6. No access is available to this site at this time. 7. I have had reports that apartments have been constructed on Lot 7, Block 2. If this is the case, the lot does not conform to the R-4 zoning requirements. In addition, it appears that this proposed lot has already been split illegally. 8. All corner lots shall have a minimum of 80 feet of frontage. For purposes of calculating frontage, the line length plus one-half of the curve length is used. Some lots will need arrows indicating the direction the house must face (e.g., Lots 1, 3, 4 and 6, Block 7, etc.). -ft., n P&Z Commission, Mayor and Council November 13, 1995 Page 2 9. Lot square footages are to be determined exclusive of irrigation easements. The South Slough area should be designated as a separate lot to be owned and maintained by the homeowners association. 10. Phasing of this project, if applicable, shall be indicated on the preliminary plat. 11. Easements shall be provided as required by City Ordinance Section 11-9-605.D. 12. Any changes to existing natural features shall meet the approval of the City of Meridian and the appropriate public agency prior to any construction activity taking place. 13. Pressurized irrigation is to be supplied to all lots within this subdivision. 14. Buffering of adjacent residential rural lots is required. While consideration has been given to some adjacent property owners, the lots in Block 6 do not show this same consideration. 15. All ditches crossing or abutting this property are to be tiled per City Ordinance unless a variance is granted. What is proposed for the Stokesberry Lateral and other ditches shown? 16. Driving lanes at cul-de-sacs ("knuckles") at north and south ends of N. Malachite Avenue, with a 21' width, do not appear to be adequate. 17. Applicant is to address all comments, in writing, and submit to the City Clerk's office. CCU-& JAMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary TO: Pacific Northwest Electric/Edmonds' Construction 3131 E Lanark, Suite C Meridian, ID 83642 FROM: Karen Gallagher, Coordinator Development Services Divisi CEIVED OCT 2 5 1995 17'Y Of MERtUJ� October 20, 1995 SUBJECT: Packard No. 2 Wingate Lane s/o Ustick Road- PRELIMINARY PLAT On October 18, 1995, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the Preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are reduired: Prior to any construction within the existing or proposed public right-of-way, the following shall be submitted and subject to review and approval by the District: a. Three complete sets of detailed street construction drawings prepared by an Idaho Registered Professional Engineer, together with payment of plan review fee. b. Execute and Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. Complete all street improvements to the satisfaction of the District, or execute Surety Agreement between the Developer and the District to guarantee the completion of construction of all street improvements. ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 r. October 20, 1995 Page 2 3. Furnish copy of Final Plat showing street names as approved by the Local Government Agency having such authority together with payment of fee charged for the manufacturing and installation of all street signs, as required. 4. If Public Rights -of -Way Trust Find deposit is required, make deposit to the District in the form of cash or cashier's check for the amount specified by the District. 5. Furnish easements, agreements, and all other datum or documents as required by the District. 6. Furnish Final Plat drawings for District acceptance, certifications, and endorsement. The final plat must contain the signed endorsement. The final plat must contain the signed endorsement of the Owner's and Land Surveyor's certification. 7. Approval of the plat is valid for one year. An extension of one year will be considered by the Commission if requested within 15 -days prior to the expiration date. Please contact me at 345-7680, should you have any questions. KG cc: Development Services Chron John Edney Chuck Rinaldi Tealey's Land Surveying City Of Meridian ADA COUNTY HIGHWAY DISTRICT Development Services Division Preliminary Report Preliminary Plat - Packard No. 2 - MRZ-7-95/Annexation Wingate Lane s/o Ustick Road, City of Meridian Packard No. 2 is a 95 -lot residential subdivision on 35.23 -acres. The site is located south of Ustick Road approximately 1/4 -mile east of Locust Grove Road, north of Packard Subdivision No. 1. This development is estimated to generate 950 additional vehicle trips per day. Roads impacted by development: Locust Grove Road - Minor arterial with bike lane designation - Traffic count 2,794 on 1-18-94 Ustick Road - Minor arterial with bike route designation - Traffic count 1,791 on 8-18-92 WPD ACHD Commission Date - October 18, 1995 - 12:00 p.m. ,r.. Facts and Findings: A. General Information RT - Existing zoning R-4 - Requested zoning upon annexation 95 - Lots 35.2 - Acres 265 - Traffic Analysis Zone (TAZ) West Ada - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District Locust Grove Road Minor arterial with bike lane designation Traffic count 2,794 on 1-18-94 No Frontage Ustick Road Minor arterial with bike route designation Traffic count 1,791 on 8-18-92 No frontage B. This subdivision proposes to plat and construct a public street across an existing private road, Wingate Lane. Wingate Lane is a narrow gravel road providing access to Ustick Road for 12- 13 homes (two of which have been incorporated into this proposed development). Several residents are opposed to improving Wingate Lane to public road standards and/or having a public road cross the private road. District legal staff has advised DS staff that there is no statute prohibiting the crossing of a private road with a public road, however the authorized users of the private road have rights that will be prior to the public road. For example, those rights would probably preclude the closure of that private road without the permission of the authorized users. The developer has submitted an opinion from an attorney stating that a public roadway can be built across the private easement and utilities can be constructed across the private easement so long as the use of the private easement is not unreasonably blocked. District legal staff has reviewed the opinion and generally concurs with its contents. C. The site plan proposes 5 stub streets, none of which connect to existing streets. 1. The Hickory Way stub (to the south) will connect to Packard Subdivision No. l when that subdivision is constructed (also being developed by this applicant). 2. The Devlin Avenue stub (to the south) will eventually connect to Kearney Place Subdivision when Kearney Place Subdivision and the intervening property are developed. Packard No.2 - MRZ-7-95/Annexation Page 2 ,_� 3. The Carnelian Street stub (to the west) will connect to Chamberlain Estates Subdivision No. l when that approved subdivision has been constructed. 4. The Quartz Street stub (to the west) will eventually connect to Chamberlain Estates Subdivision No.2 when Chamberlain is constructed and when the intervening property is developed. 5. The Devlin Way stub (to the north) will eventually connect to Ustick Road as a residential collector when the intervening farm has been developed. Lot access will be restricted as per District policy. D. Packard Subdivision No. 1 abuts the southern boundary of the proposed subdivision. Packard Subdivision No. 1 connects to Fairview Avenue via Hickory Way, a 41 -foot back-to-back collector street. With the development of the 95 lots in Packard No.2 and other approved development. Hickory Way will carry 7,000 vpd at Fairview Avenue. When Packard No. 2 is constructed with its only street connection through Packard No. 1, a section of Hickory Way will temporarily have 12 -lots with direct access and/or front -on housing and 1,500 vpd and another section will have 2 -lots with direct access and 1,900 vpd. This situation will last until other properties are developed and an additional collector street connection can be constructed out to Eagle Road, one-quarter mile east of Packard No. 1 Subdivision. District policy states that the ADT on local streets will typically be less than 1,000 but may reach 2,000 is some situations. Although the 1,500 to 1,900 vpd on Hickory Way will be temporarily high volumes, they will decrease when new residential collector street connections are made to Eagle Road and Ustick Road. However, there is no way to forecast how long this temporary arrangement will remain. E. Chamberlain Estates Subdivision No.I has 99 -lots. All roads within Chamberlain Estates No. l are local streets. The traffic study states that Cougar Creek Road will reach 1,000 vpd at Locust Grove Road and Chateau Drive will reach 2,600 vpd with the development of Packard No.2. F. It is difficult for staff to anticipate which street connections will be constructed first. The applicant has direct control over the scheduling of construction for Packard No. 1, but as stated above, no more than 400 additional vehicle trips should be routed to Hickory Way. Chamberlain Estates No. l is the only other parcel that has received preliminary plat approval (and has applied for a time extension) and can be expected to develop in the near future; however, this possible street connection would be of insignificant value because the trip destination point for the majority of vehicles in this area is to the southeast, to Boise, encouraging use of Hickory Way. G. This application was heard by the Meridian Planning and Zoning Commission on June 22, 1995, and was tabled until September 12, 1995, to receive a response from the District. Packard No.2 - MRZ-7-95/Annexation Page 3 Site Specific Requirements: Provide documentation to the District that the authorized users of the private road have subordinated their rights to use the road to the Highway District to the extent that public roads and utilities may cross the easement for the private road, or an opinion from a practicing attorney that such crossings can legally occur. 2. Construct all internal streets to a 37 -foot back-to-back street section with 5 -foot sidewalk (Meridian width requirement) within a 50 -foot right-of-way. 3. Two of the knuckles or half culdesacs shall be constructed with median islands, maintaining a minimum travel width of 21 -feet to the back of curb. Coordinate with District Traffic Services Division. 4. All landscaped medians shall be separate platted lots owned and maintained by a homeowners association. 5. Maintain a minimum radius of 100 -feet on all curves having other than 90 -degree angles of deflection. 6. E. Challis Street (as depicted on the drawing on file dated September 15, 1995) shall be dedicated but not constructed across Wingate Lane until the two properties south of the street crossing are developed and construction has been approved by the Ada County Highway District Commission. The developer shall deposit the cost of constructing E. Challis Street across Wingate Lane and removing the gates required below to the Public Rights -of -Way Trust Fund. 7. Provide and install two gates, one at each end of the unconstructed portion of E. Challis Street across Wingate Lane, that will allow the passage of pedestrians and bicycles along the unconstructed section of the street but not automobiles. Construct a 14 -foot wide all weather road along the route of the sanitary sewer line in all unplatted areas of the proposed subdivision, including the portion of E. Challis Street across Wingate Lane. 9. Provide legal and physical means of access from the Reichert parcel to the public street system. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the Development Services Supervisor. The request shall Packard No.2 - MRZ-7-95/Annexation Page 4 specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. Requests received prior to the date scheduled for Commission action shall be rescheduled for discussion with the Commission on the next available meeting agenda. 2. A request for an appeal of the Commission's action shall be made in writing to the Development Services Supervisor within 15 calendar days of the action and shall include a minimum fee of $110.00. The appeal will be scheduled to be heard by the Commission within 20 calendar days after receipt. The request for appeal shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. A right-of-way permit must be obtained from ACHD for any street or utility construction within the public right-of-way. Utility cuts should be combined where practical to limit pavement damage. Contact Construction Services at 345-7667 (with zoning file number) for details. 4. Submit site drainage plans and calculations for review and appropriate action by ACHD prior to issuance of building permit (or other required permits). The proposed drainage system shall retain all storm water on-site and shall conform to the requirements of the City of Meridian. Public street drainage facilities shall be located in the public right-of-way or in a common lot owned by a homeowners association set aside specifically for that use. There shall be no trees, fences, bushes, sheds, or other valuable amenities placed in said easement. Drainage lots and their use restrictions shall be noted on the plat (when applicable). Locate driveway curb cuts a minimum of 5 -feet from the side lot property lines when driveways are not being shared with the adjacent property. 6. Construct pedestrian ramps on the corner of all street intersection in compliance with Idaho Code, Section 40-1335. Dedicate a 20'x 20' right-of-way triangle (or appropriate curve to keep street improvements within the public right-of-way) at all intersections abutting and/or within the development prior to issuance of building permit (or other required permits). Continue existing irrigation and drainage systems across parcel. 9. Continue borrow ditch drainage abutting parcel (culvert may be required). Packard No.2 - MRZ-7-95/Annexation Page 5 10. Provide written approval from the appropriate irrigation/drainage district authorizing storm runoff into their system. 11. If street improvements are proposed, locate obstructions (utility facilities, irrigation and drainage ditches and appurtenances, etc.) outside of the public right-of-way, as may be required by the District. Authorization for relocations shall be obtained from the appropriate entity. 12. Locate proposed sign(s) out of the public right-of-way and out of the clear -vision sight -triangle of all street and driveway intersections. 13. Install a stop sign on every unsignalized approach of a project street to an intersection involving a collector or arterial as the cross -street. The stop sign shall be installed when the project street is first accessible to the motoring public. 14. The developer is required to install street name signs at the locations approved by the Ada County Highway District. Purchase street name signs, sign poles, and mounting hardware from ACHD's Traffic Operations Department or an approved outside supplier. The District will not manufacture street signs until a copy of the recorded plat showing the recording data has been provided to Development Services staff. 15. Provide a clear vision sight triangle at all street intersections. Within this triangle no obstruction higher than 36 -inches above the top of pavement will be allowed, including landscaping, berms, fences, walls or shrubs. The triangle shall be defined by the long leg measured down the centerline of any collector 350 -feet; and the short leg measured down the centerline from the collector street curb line 20 -feet. Provide notes on the plat and street construction plans of these restrictions. 16. Submit three sets of street construction plans to the District for review and appropriate action. 17. Provide design data for proposed access to public streets for review and appropriate action by ACHD. 18. All public streets and drainage systems shall be designed and constructed in conformance with District standards and policies. 19. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 20. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. Packard No.2 - MRZ-7-95/Annexation Page 6 21. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. Should you have any questions or comments, please contact the Development Services Division at 345-7662. Submitted by: Development Services Staff Date of Commission Approval: OrT 18 1995 Packard No.2 - MRZ-7-95/Annexation Page 7 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 6 Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. BILL' GORDON, Police Chief WAYNE G. CROOKSTON. JR., Attorney April 9, 1997 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN Mr. Pat Tealey, PLS Tealey's Land Surveying 109 S. 4th St. Boise, Idaho 83702 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Driver; License (208) 8884443 ROBERT D. CORRIE Mayor RE: PACKARD SUBDIVISION NO.2 PRELIMINARY PLAT COUNCIL MEMBERS WALT W. MORROW, President RONALD R.TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P P. Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY The Meridian City Planning & Zoning, at their regularly scheduled meeting of April 8, 1997, recommended to the Meridian City Council that this plat be approved. I raised questions at that meeting as to how this subdivision was to be sewered, since at this point the only thing that has happened is some testimony at the public hearings and some conversations between you and me. I would suggest that a proposal, shown on the preliminary plat, be submitted prior to the City Council meeting at which this plat will be heard. I have spoken by telephone with Ted Sigmont this morning and related the above suggestion to him. I cannot support this preliminary plat at the Council meeting unless I have a proposal in hand that can be approved and used as a basis for development of the final plat and development plans. If there are plans to move the lift station in Packard No. l to a site in the proposed Packard No.2, as Ted Sigmont mentioned to me this morning, then things need to move very quickly as there is a pre - construction meeting for Packard No. l scheduled for tomorrow, which includes the construction of the lift station. Also, Shari Stiles mentioned to me that the present owners, other than PNE, of two parcels of property within the boundaries of the proposed Packard No.2 subdivision, have not submitted authorizations to her to have their parcels annexed into the city as a part of the Packard No.2 annexation and zoning request. I would suggest that you talk to her ahead of this Council meeting to resolve this matter. The Findings of Fact and Conclusions of Law, as approved by the Planning & Zoning Commission last night, are available for your review and I would suggest that you obtain a copy of that document and review it thoroughly so that you are aware of conditions of approval of the preliminary plat as recommended for approval by the Commission. I have spoken with Martha this afternoon and have set a meeting at my office with you for this Friday, April 11, 1997, at 11:15 A.M. to discuss the Packard Subdivision. Sincerely, Gary D. Smith, PE City Engineer cc: File 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 February 13, 1997 r. HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor vehicle/Drivers License (208) 888-4443 Mr. Pat Tealey, PLS Tealey's Land Surveying 109 S. 4th St. Boise, Idaho 83702 ROBERT D. CORRIE Mayor RE: PACKARD SUBDIVISION NO. I Final Plat Dear Pat: CO it cru MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY As you and I have recently discussed, I don't have any particular problem with you locating a temporary sewage lift station in the proposed Packard No. 2 Subdivision and pumping into the gravity sewer line system in the Chamberlain Estates Subdivision. This location is much more palatable to me by putting the Packard Subdivision sewage into the designated drainage basin, which contains the South Slough sewer interceptor. It will, of course, be necessary for your sewerage system design plans to reflect this revision. You will need to include details for construction of an "all-weather" graveled access road above the sewer lines and to the lift station site. As you outlined in the most recent Planning and Zoning Commission developed ehe gau. �there theywill are not sewerahlcs by in Packard No. 2 Subdivision that cannot b provisions will need to be made at the gravity, to the lift station location. Additionally, p pressure line discharge manhole to protect downstream concrete materials from the destructive effects of the hydrogen -sulfide gas released from pumping of sewage. The Packard Subdivision developer has returned a agreement, which I have not yet reviewed. It is my of an agreement we have in place for another subdivision. Si erely, Gary D. Smith, PE City Engineer cc: File Mayor Council Planning & Zoning proposed lift station maintenance understanding that he used a copy subdivision as a model for this BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION PACIFIC NORTHWEST ELECTRIC (P.N.E.)/EDMONDS' CONSTRUCTION APPLICATION FOR ANNEXATION AND ZONING A PORTION OF THE NORTHWEST 1/4, SECTION 5 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for public hearing on March 11, 1997, at the hour of 7:00 o'clock p.m., the Applicant appearing through its representative, Pat Tealey, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for March 11, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the March 11, 1997, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. The property included in the application for annexation and zoning is described in the application, and by this reference FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. P.N.E./EDMONDS' CONSTRUCTION is incorporated herein as if set forth in full. The property is approximately 35.23 acres in size. 3 The property is presently zoned by Ada County as RT, Rural Transitional, and is vacant land. The Applicant requests the property be zoned (R-4), Low Density Residential District. The Applicant has requested the annexation and this zoning, and the application is not at the request of the City of Meridian. 4. The property is of agricultural use with two single family dwellings and outbuildings. The Applicant intends to develop a single-family residential subdivision known as Packard Subdivision No. 2. 5. The property is north of Fairview Avenue and west of Eagle Road, and borders existing subdivision developments, Chamberlain Estates, Chateau Meadows, Kearney Place and Carol's Subdivision. There exist a few small agricultural parcels ranging in size from three to five acres to the north and to the east of the property. 6. This application has been the subject of previous public hearings the first of which was on June 22, 1995. In addition, written comment of the public was received and made a part of the record of the previous public hearings on this application. The written comment of the public submitted and made part of the record of the previous public hearings previously held on this application include the following: (a) A letter dated June 20, 1995 from W. R. Johnson and Virginia L. Johnson, which letter is incorporated herein as if set forth in full; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. P.N.E./EDMONDS' CONSTRUCTION (b) A letter dated June 21, 1995 from residents of Wingate Lane, Meridian, Idaho, which letter is incorporated herein as if set forth in full; (c) An undated letter from Vern Alleman received by the City of Meridian on June 22, 1995, which letter is incorporated herein as if set forth; and (d) A letter dated November 12, 1995 from residents of Wingate Lane, Meridian, Idaho, which letter is incorporated herein as if set forth in full. 7. The Applicant's representative, Pat Tealey, testified substantially as follows at the March 11, 1997 public hearing on this application. The Applicant requests annexation and zoning of the property in conjunction with approval of a preliminary plat with a development agreement for the development of the property as a residential subdivision. The development agreement will bind the Applicant to certain items, which include fencing of the subdivision, pressurized irrigation, and sewer and water services. Although these foregoing items are not all the items to be addressed by the development agreement, the development agreement will assure the neighbors in the .area that the Applicant will develop the property in a responsible manner. 8. The Applicant's representative, Pat Tealey, further testified substantially as follows at the March 11, 1997 public hearing on this application. All of the utilities are available to the property, to-wit: water, electricity, gas, telephone, cable and other utilities. The road system of Packard Subdivision No. 1 joins the road system of the proposed development of this property, which permits the connection of the sewer to the south slough extension which is planned by the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. P.N.E./EDMONDS' CONSTRUCTION 9. The Applicant had a neighborhood meeting on March 10, 1997 at which quite a few neighbors attended. There were discussions concerning the problems which had been voiced previously about the proposed development and some of the misconceptions which have been portrayed in the past. 10. The roadway system has been an issue and an expressed concern. Since the time the application was submitted, Dove Meadows Subdivision has been completed, which permits the connection of the proposed development to a public road system to the south. This access will be further enhanced by the development of Packard Subdivision No. 1, which will bring the public road system to the property's south boundary. Chamberlain Estates has also been improved, which provides a connection to the public road system to the west. 11. The Applicant has proposed buffering from adjacent subdivisions with larger lots. The R-4 zone imposes a minimum lot size of 8,000 square feet. Over 50% of the lots of the proposed development are approximately 10,000 square feet. Approximately 48% of the lots are between 10,000 and 8,000 square feet in size with 8,000 square feet being the minimum size. 12. After Packard Subdivision No. 1 was approved, the Applicant had an opportunity to purchase the Borup property which consists of 22 acres. The Applicant perceived the Borup property as a natural progression of Packard Subdivision No. 1, and the natural progression of development in the area. Thereafter, the Applicant had the opportunity to purchase the Brown property, which FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. P.N.E./EDMONDS' CONSTRUCTION provided a solution to providing sewer service to the property. The Applicant will eliminate the lift station which is part of Packard Subdivision No. 1 and design the sewer for gravity flow along the South Slough. 13. Another issue has been the use of Wingate Lane, which was a prime point of discussion at the March 10, 1997 neighborhood meeting. The Applicant has assured the neighbors that the road system of the proposed development of the property will not provide access to Wingate Lane. The road system of the proposed development will have two gates across the public road system, which will provide pedestrian and bicycle access. The two gates will also provide emergency access through break away bollards, which are specifically designed for such emergency access to either side of the area. 14. There has also been questions about irrigation. The Applicant will provide pressurized irrigation to each lot of the proposed development. The Applicant has entered into an agreement with the Nampa & Meridian Irrigation District who will own the system. The Applicant is presently constructing a pressurized irrigation system in Packard Subdivision No. 1 which will accommodate the Dove Meadows Subdivision, Wingate Subdivision, Packard Subdivision No. 1 and the proposed Packard Subdivision No. 2. At the cost of $85,000.00, the Applicant will provide the piping system, the pumps and the pump house. The system will be turned over to the Nampa & Meridian Irrigation District who will own and operate it. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. P.N.E./EDMONDS' CONSTRUCTION 15. In response to questions from Commissioner Borup, the Applicant's representative, Pat Tealey, responded affirmatively that the solutions to the issue concerning access to the Wingate Lane and the sewer service to the property were respectively based upon the recommendations of Ada County Highway District and of the City of Meridian's City Engineer. 16. The residents of Wingate Lane submitted a letter dated March 8, 1997 concerning this application, and the concerns and issues of such residents. This letter is incorporated herein as if set forth in full. 17. There was testimony at the hearing objecting to the application which was principally as follows: a. Dale Sharp testified substantially as follows. Mr. Sharp referred to the letter dated March 8, 1997 submitted by the residents of Wingate Lane and expressed the desire to have the Applicant address in writing the issues stated in the letter. Mr. Sharp questioned the sale of parts of the property, and whether the split of such parts of the property were legal. Mr. Sharp further testified that most of the lots which front his property are smaller lots. He believes the minimum lot size for the R-4 District is 8,000 square feet. The lots which border Carol Subdivision are larger lots, and he believes the lots which border his property should also be larger lots. He stated that the Applicant has indicated that increasing the lot size is difficult to do, but he does not think it would be difficult. The residents along Wingate Lane have been in the area for a long time; he believes longer than Carol Subdivision was developed. He objects to this proposed subdivision development on the property. It will unduly impact the educational system, impact traffic, the crime rate will increase, and their services will be impacted. b. Vern Alleman testified substantially as follows. At the present time, irrigation water for his property comes through the property. He understands the City requires the tiling of the ditches through the property. He is concerned about the time period in which the ditches FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. P.N.E./EDMONDS' CONSTRUCTION through the property will be tiled. He desires that the ditches be tiled during the period of October 15th and March 15th; the irrigation off-season so as not to interfere with his crops. He is also concerned about the location of the irrigation ditches across the property, the size and grade of the pipe used to tile the ditches through the property and the placement of manholes. He requests that the location of or easement for the ditches through the property be recorded to avoid future problems and conflicts. He added as a matter of information that there is no agreement to allow the sewer to cross his property. In response to a question of Commissioner Borup, Mr. Alleman stated that the ditch crossing the property is the users' private ditch for delivery of irrigation water from the canal of Nampa & Meridian Irrigation District. After the water passes the delivery point from the Nampa & Meridian Irrigation District's canal or the head gate, the delivery of the irrigation water becomes the problem of the users. The head gate is located east of the south part of Wingate Lane. In response to Commissioner Borup's clarification concerning an agreement for the sewer to cross Mr. Alleman's property, Mr. Alleman stated that it was fine that the Applicant had developed plans for the sewer so it would not have to cross his property. c. Albert Dauven testified substantially as follows. He shares the concerns expressed by Vern Alleman concerning the delivery of irrigation water. The irrigation water to his property comes further east than Mr. Alleman's water. His irrigation water comes from almost that portion of the property which was the Borup property. Nampa & Meridian Irrigation District has said that it can do nothing for the users to assure the delivery of the water through the ditches. The issue for the delivery of the water needs to be decided from the start of the process, since no agency governs the issue. One can ask the farmers along Ustick Road about the impact caused by contractors, and they would state that they have been inconvenienced by the contractors. So for protection, the issue of the delivery of water needs to be addressed. In response to questions of Commissioner Borup, Mr Dauven stated that he wanted in writing that the irrigation water will be delivered to the farmers in the area, that the Applicant is not going to destroy the ditches across the property and replace six months later. Mr. Dauven is speaking to the interruption of the flow of water during the irrigation season. With regard to access to Wingate Lane, he does not want children from the property entering the area where animals are pastured. He lives on the south slough and the animals FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. P.N.E./EDMONDS' CONSTRUCTION create an attraction for kids. He has chased from his pastures kids from the Carol Subdivision probably three times a week. The animals are unpredictable. He does not want foot or bicycle traffic. They already have enough traffic, including persons riding motorcycles and snowmobiles in this area. People dump their trash, grass clippings and rocks over the bordering fence. He wants to be protected from these things, through the construction of a berm between the subdivision development on the property and Wingate Lane with a fence on top of the berm. Mr. Dauven further stated that if it is decided to put a road through on Wingate Lane, then maybe there should be an area or dead zone from the center line for no development ,to anticipate this roadway. He is not against the subdivision development, but he wants to see the development completed correctly. d. Don Bryan testified substantially as follows. He is a property owner on Locust Grove whom has been affected and impacted by a multitude of subdivisions in the area between Locust Grove, Fairview and Eagle Road. He has had a history of fighting water problems and the way developers develop. Some of the problems into which he has faced have managed to work out, both the pros and the cons of these developments. Because of the problems he has faced in the past, he desires to have addressed in this development to avoid problems for himself and other neighbors. The separation between agricultural areas and residential areas needs to be examined. He lives behind Fred Meyer on Fairview. He worked with the developer of that property. The developer erected a chain link fence along his property line; however, this fence does not keep the kids away from his horses. He is in the process of posting his property with signs advising people to stay out. The vacant lot next to his property is a magnet for children, parents and dogs, and this creates a real problem. He does not know what the solution may be, but the problem needs to be examined. The issue of pressurized irrigation which the Applicant is putting into the development needs to be examined. The proposed development of this property connects with Packard Subdivision No. 1. The lateral ditches to my property from the main ditch runs along the two sides of Packard Subdivision No. 1. He wants the developer to state his plans for the ditches and to maintain the ditches until the property is developed. He does not know how the pressurized irrigation which the Applicant is installing will effect him or other property owners with regard to the delivery of irrigation water. He also has a concern about the flow of traffic. The traffic will apparently flow to Fairview which is beneficial to him as he lives FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. P.N.E./EDMONDS' CONSTRUCTION ti. on Locust Grove. Locust Grove is so busy he cannot access the road during peak hours. According to the Ada County Highway District traffic study, the development of the property will increase the traffic on Locust Grove by 950 vehicles per day. He questions whether Locust Grove can handle that amount of traffic until it is improved. Locust Grove is to be improved in 1998, but the improvements will probably not occur until the year 2000. In response to a question from Commissioner Borup, Mr. Bryan stated that the irrigation ditch which delivers water to his property is not affected by the proposed development of the property. e. Marc Peterson testified substantially as follows. With reference to the gates and pedestrian and bicycle access to Wingate Lane from the property, he does not agree with such access. His property is approximately 100 feet from the proposed location of the gates. He has horses and livestock on his property. He has electric fences along his property. He does not want people going up and down Wingate Lane. He is also concerned about the size of the lots. The Applicant has increased the lot sizes around Carol Subdivision, but have not increased the size of the lots directly across from his property. He believes that the size of the lots along Carol Subdivision and his property should be increased for the reason of future widening of the road and a buffer zone from the livestock. He likes the idea of a berm and fence between the property and his property. Of particular concern is that he saw the proposed subdivision plat for the first time on March 10, 1997. He was the last property owner to be approved by Ada County to have access on Wingate Lane. To have the access, he had to have a minimum five acre parcel of property. It appears that the Applicant is attempting to squeeze one more house in between his house and his neighbor's house. It appears to him that this Lot 14, Block 9 is land locked because it should not have access to Wingate Lane and it does not have access to the streets in the proposed subdivision. So he does not believe that Lot 14, Block 9 should be a buildable lot. He understands that the Applicant plans to split the lot to put a lot in between the existing house on the lot and his house. f. Helen Sharp testified substantially as follows. She cannot believe this development can be approved when there is a conflict between the proposed subdivision plat presented at this hearing and the one shown to the neighbors at the March 10, 1997 neighborhood meeting. She has spoken with Boise Planning and Zoning and there FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. P.N.E./EDMONDS' CONSTRUCTION a� l is to be no more building on Wingate Lane, which means that one cannot use Wingate Lane as a means of access to the property. She is also advised that the area is a buffer zone between Boise and Meridian. She was also advised that one cannot divide the property if purchased after 1968. The Borup portion of the property has been sold to a young couple, which means it has not been zoned but there is a break. Her concern is that the process is not only zoning, but also planning. She would like to see some planning done in this area. Wingate Lane is a small one-half mile lane. Pictures have been presented previously of Wingate Lane, and the question is what benefit will the City of Meridian receive from this type of zoning. Meridian does not need many new houses right now. Realtors she has contacted say there are over 500 houses available, which does not include those houses which are to be built in new subdivisions. Her property abuts the property. A fence exists between her property and the property, over which people dump their grass clippings and other material. She requests that foresight be used rather than hindsight. She realizes that development is going to occur, but the development should be accomplished with planning. She does think that all of the issues have been addressed at this point. g. Dixie Roberts testified substantially as follows. She opposes the growth in the area in which the property is located. She moved out to the area for country living. The developers want to come and develop the area, and ruin it, so to speak, for the residents in the area. Her son tried to buy an acre from her to build on it. But, because of the zoning he could not build on the one acre parcel to be purchased from her. He was required to own five acres. One and a quarter acre have been sold since her son's attempt to purchase the one acre. Her primary concern is the availability of irrigation water, because her property is worthless without the water. She does not want a pump to irrigate her property, but wants to be able to irrigate her property the way she presently irrigates. The lay of the land allows for the irrigation of the property without a pump, and this is how the land should be irrigated. Another issue is the number of children which will come with the development. She loves children. However, if the children enter upon her property where she has cows, the children may be injured. Although there is to be no access to Wingate Lane from the property, she is concerned about the traffic on Wingate Lane created by the proposed development of the property. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. P.N.E./EDMONDS' CONSTRUCTION h. Craig Thompson testified substantially as follows. He does not live adjacent to the property, but is concerned with what will happen in the future. The development should provide some type of blending effect. He does not know how to make the area look nice when there are five acre parcels of land next to a subdivision development with 8,000 to 10,000 square feet lots. He has a concern of children playing in the south slough. He questions how safety can be promoted with the number of people in the area. He questions why the proposed plat presented at the hearing is different from the one he saw previously. It bothers him that he is told one thing but finds the contrary to be true or that things are different. He thinks there are too many questions right now. The Applicant should respond to the questions and concerns presented. i. Helen Sharp further testified substantially as follows. A big issue is the crossing of Wingate Lane with the sewer line. In response to a question of clarification by Commissioner Borup, Helen Sharp stated that Wingate Lane is a dedicated private lane pursuant to a 1913 contract. She questions how the sewer line can cross this private lane. J. Vern Alleman further testified substantially as follows. He has livestock on his property. He desires a proper fence be constructed to protect against children entering the area in which livestock are pastured. 18. Dan Wood testified in favor of the application. Mr. Wood testified substantially as follows. The City of Meridian's Comprehensive Plan provides for this area to be residential. The applicant proposing to development this into a residential area. The size of the lots in the proposed development of the property are larger than the lots of surrounding subdivisions. The proposed lot sizes meet or exceed the minimum requirements of the R-4 District. The Applicant is doing everything it can to help the neighbors. However, the Applicant, as the owner of the property, has rights. If it follows the requirements of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. P.N.E./EDMONDS' CONSTRUCTION Meridian, Ada County and the state of Idaho, it should be able to develop the property as it desires. 19. The Applicant's representative, Pat Tealey, responded to the comments from the public substantially as follows. With regard to irrigation water, the Applicant must see that the same quantity of water is delivered to the same place. Those neighboring land owners will receive the same quantity of water at the same location. If these land owners desire an agency review of the Applicant's irrigation plans, the Applicant will gladly accept such review by the Nampa & Meridian Irrigation District, whether it has jurisdiction, or the City of Meridian. The Applicant will not provide pressurized irrigation to the neighboring land owners, but will provide the irrigation water each is to receive. The Applicant does not intend to disrupt the delivery of irrigation water. The construction of the irrigation system will occur in the winter so as not to interrupt the delivery of the irrigation water. Situations do occur in which a contractor does not do what it is suppose to do or complete the work timely; however, the Applicant will do whatever it can, including entering into an agreement, to assure that the delivery of irrigation water is not disrupted. With regard to Wingate Lane, the Applicant does not plan to access Wingate Lane in any way. An additional lot along Wingate Lane was discussed at the March 10, 1997 neighborhood meeting, but that additional lot is no longer part of the plan. Lot 14, Block 9 is one lot, and the Applicant does not plan to split it to create another lot. There exists a house on Lot 14, Block 9, but the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. P.N.E./EDMONDS' CONSTRUCTION owner of the house does not own the entire area of this lot represented on the proposed subdivision plat. In response to a question of Commissioner Borup, Mr. Tealey stated that it is correct that if the configuration of Lot 14 is changed, the proposed plat of the subdivision will have to change and be resubmitted for review. The Applicant does not plan and the Ada County Highway District does not plan, based upon his conversations with it, to improve Wingate Lane. It is to remain as it is. Initially, the Applicant planned to make Wingate Lane an access to the property and to improve Wingate Lane by constructing curbs, gutters and sidewalks and install water and sewer lines. However, the Applicant was presented with so much opposition that it abandoned its attempts to improve it. The Applicant's present plans are to dead end an access road at the Alleman property, so that in the event the Alleman property is developed the road can be extended to Ustick Road. With regard to the development of Packard Subdivision No. 1, the Applicant is waiting for the approval of this application so it knows the plan for the location of the lift station. With regard to the sewer line crossing Wingate Lane, although the Applicant owns the property over which the easement exists for Wingate Lane, the Applicant cannot disrupt the use of the easement. However, the Applicant maintains that the easement for Wingate Lane does not preclude the installation of utilities through the area of the easement. The Applicant believes it has the right to cross Wingate Lane with utilities. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. P.N.E./EDMONDS' CONSTRUCTION 20. Mr. Sharp further testified that he would like to see a gate constructed to discourage people entering upon the Nampa & Meridian Irrigation District's maintenance road for the Stokesberry Lateral and his property. He would like to discourage traffic there, and a gate would stop people from entering the area. 21. In response the Applicant's representative stated that the Applicant had not discussed such issue with the Nampa & Meridian Irrigation District; however, if it wanted a gate at the location the Applicant would construct a gate there. 22. Richard A. Scarr submitted a letter dated March 10, 1997 concerning this application, and his concerns and desired requirements for the development of the property. This letter is incorporated herein as if set forth in full. 23. R.W. and Mary Lee Peckenschneider submitted a letter dated March 10, 1997 concerning this application, and their concerns and desired requirements for the development of the property. This letter is incorporated herein as if set forth in full. 24. Floyd F. Reichert submitted a letter dated March 10, 1997 concerning this application, and his and his wife's support of the application and their desired requirements for the development of the property. This letter is incorporated herein as if set forth in full. 25. U.S. West submitted comments and may hereafter submit comments. Its submitted comments are incorporated herein as if set forth in full and such comments hereafter submitted shall be FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. P.N.E./EDMONDS' CONSTRUCTION incorporated herein as if set forth in full when submitted. Its submitted comments included that it requests a ten feet easement along front and rear property lines, and a five feet easement along all side lot lines. 26. Idaho Power submitted comments and may hereafter submit comments. Its submitted comments are incorporated herein as if set forth in full and such comments hereafter submitted shall be incorporated herein as if set forth in full when submitted. Its submitted comments included that it requires a permanent ten feet wide easement along all lots adjacent to a road right-of-way dedicated to public or private use. 27. The Nampa & Meridian Irrigation District submitted comments and may hereafter submit comments. Its submitted comments are incorporated herein as if set forth in full and such comments hereafter submitted shall be incorporated herein as if set forth in full when submitted. Its submitted comments included the following. Its Finch Lateral courses through the north portion of the property. The right-of-way of the Finch Lateral is 80 feet: 40 feet from the center each way. Its Stokesberry Lateral courses through the south portion of the property. The right-of-way of the Stokesberry Lateral is 40 feet: 20 feet from the center each way. The Applicant must contact it for approval before any encroachment or change of right-of-way occurs. It requires that a Land Use Change/Site Development application be filed for review prior to final platting. All laterals and waste ways must be protected. Municipal surface drainage must be retained on site. If any FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15. P.N.E./EDMONDS' CONSTRUCTION surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. It is recommended that irrigation water be made available to all developments within this District. 28. The Central District Health Department submitted comments and may hereafter submit comments. Its submitted comments are incorporated herein as if set forth in full and such comments hereafter submitted shall be incorporated herein as if set forth in full when submitted. Its submitted comments included the following. After written approval from the appropriate entities are submitted, it can approve this proposal for central sewage and central water. Plans for central sewage and central water must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. Street runoff is not to create a mosquito breeding problem. It recommends that the first one half inch of storm water 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 the project should obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. 29. Joint School District No. 2 submitted comments and may hereafter submit comments. Its submitted comments are incorporated herein as if set forth in full and such comments hereafter FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16. P.N.E./EDMONDS' CONSTRUCTION submitted shall be incorporated herein as if set forth in full when submitted. 30. The Meridian Fire Department submitted comments and may hereafter submit comments. Its submitted comments are incorporated herein as if set forth in full and such comments hereafter submitted shall be incorporated herein as if set forth in full when submitted. Its submitted comments included that open spaces will need to be kept clear of trash and weeds, and whether there will be only one way in and out to E. Quartz St., N. Simerly Pl. and N. Devlin Way. 31. The Ada County Highway District submitted comments and may hereafter submit comments. Its submitted comments are incorporated herein as if set forth in full and such comments hereafter submitted shall be incorporated herein as if set forth in full when submitted. Its submitted comments included the following: a. The Applicant provide documentation to the District that the authorized users of the private road have subordinated their rights to use the road to the Highway District to the extent that public roads and utilities may cross the easement for the private road, or an opinion from a practicing attorney that such crossings can legally occur; b. The Applicant construct all internal streets to a 37 feet back-to-back street section with 5 feet sidewalks within a 50 feet right-of-way; C. Two of the knuckles or half culdesacs shall be constructed with median islands, maintaining a minimum travel width of 21 feet to the back of the curb; d. All landscaped medians shall be separate platted lots owned and maintained by a homeowners association; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17. P.N.E./EDMONDS' CONSTRUCTION e. A minimum radius of 100 feet be maintained on all curves having other than a 90 degree angle of deflection; f. E. Challis Street, as depicted on the drawing on file dated September 15, 1995, shall be dedicated but not constructed across Wingate Lane until the two properties south of the street crossing are developed and construction has been approved by the Ada County Highway District Commission. The Applicant shall deposit the cost of construction of E. Challis Street across Wingate Lane and the cost of removal of the gates required in item g., immediately hereinbelow, to the Public Rights - of -Way Trust Fund; g. Provide and install two gates, one at each end of the unconstructed portion of E. Challis Street across Wingate Lane, which will allow the passage of pedestrians and bicycles, but not automobiles, along the unconstructed section of said street; h. The Applicant construct a 14 feet wide all weather road along the route of sanitary sewer line in all unplatted areas of the proposed subdivision, including the portion of E. Challis Street across Wingate Lane; i. The Applicant provide a legal and physical means of access from the Reichert parcel of property to the public street system; j. A request for modification, variance or waiver of any requirement or policy outlined in the Ada County Highway Districts submitted comments or comments submitted hereafter shall be made in writing to the Development Services Supervisor; k. A right-of-way permit must be obtained from the Ada County Highway District for any street or utility construction within the public right-of-way. Utility cuts should be combined where practical to limit pavement damage; 1. The Applicant shall submit site drainage plans and calculations for review and appropriate action by the Ada County Highway District prior to issuance of building permits or other required permits. The proposed drainage system shall retain all storm water on-site and shall conform to the requirements of the City of Meridian; M. Public street drainage facilities shall be located in the public right-of-way or in a common lot owned by a homeowners association set aside specifically for that FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18. P.N.E./EDMONDS' CONSTRUCTION use. There shall be no trees, fences, bushes, sheds or other valuable amenities placed in said easement. Drainage lots and their use restrictions shall be noted on the plat when applicable; n. The Applicant shall locate driveway curb cuts a minimum of 5 feet from the side lot property lines when driveways are not being shared with the adjacent property; o. The Applicant construct pedestrian ramps on the corner of all street intersections in compliance with Idaho Code Section 40-1335; p. The Applicant dedicate a 20 feet by 20 feet right- of-way triangle, or an appropriate curve to keep street improvements within the public right-of-way, at all intersections abutting and/or within the development prior to issuance of building permits or other required permits; q. The Applicant continue existing irrigation and drainage systems across the parcel of property; r. The Applicant continue the borrow ditch drainage abutting the parcel of property and culverts may be required; S. The Applicant provide written approval from the appropriate irrigation/drainage district authorizing storm runoff into their system; t. If street improvements are proposed, the Applicant locate obstructions; such as utility facilities, irrigation and drainage ditches and appurtenances; outside of the public right-of-way, as may be required by the Ada County Highway District. The Applicant shall obtain authorization for relocations from the appropriate entity; U. The Applicant locate proposed sign(s) out of the public right-of-way and out of the clear -vision triangle of all street and driveway intersections; V. The Applicant install a stop sign on every unsignalized approach of a project street to an intersection involving a collector or arterial as a cross -street. The stop sign shall be installed when the project street is first accessible to the motoring public; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19. P.N.E./EDMONDS' CONSTRUCTION W. The Applicant is required to install street name signs at the locations approved by the Ada County Highway District. The Applicant shall purchase street name signs, sign poles and mounting hardware from the Ada County Highway District's Traffic Operation Department or an approved outside supplier. The District will not manufacture street signs until a copy of the recorded plat showing the recording data has been provided to Development Services staff; X. The Applicant shall cause to be provided a clear vision sight triangle at all street intersections. Within this triangle, no obstructions higher than 36 inches above the top of the pavement will be allowed, including landscaping, berms, fences, walls or shrubs. The triangle shall be defined by the long leg measured down the centerline of any collector 350 feet and the short leg measured down the centerline from the collector street curb line 20 feet. The Applicant shall provide notes on the plat and street construction of these restrictions; Y- The Applicant shall submit three sets of street construction plans to the Ada County Highway District for review and appropriate action; Z. The Applicant shall provide design data for proposed access to public streets for review and appropriate action by the Ada County Highway District; aa. All public streets and drainage systems shall be designed and constructed in conformance with the Ada County Highway District's standards and policies; bb. Specifications, land surveys, reports, drawings, plans, design information and calculations presented to Ada County Highway District shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor in compliance with Idaho Code Section 54-1215; CC. The Applicant shall submit revised plans for staff approval which incorporates any required design changes prior to issuance of building permits or other required permits; and dd. The construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20. P.N.E./EDMONDS, CONSTRUCTION 32. The Planning and Zoning Administrator, Shari Stiles, submitted comments and may hereafter submit comments. Her submitted comments are incorporated herein as if set forth in full and such comments hereafter submitted shall be incorporated herein as if set forth in full when submitted. Her submitted comments included the following: a. The Meridian Comprehensive Plan indicates the need for a park in the area of the property. With over 75 acres annexed or proposed for annexation in Packard Subdivision No. 1 and Packard Subdivision No. 2, open space appears inadequate to mitigate the impacts of the both subdivisions; b. The South Slough is designated as a future pathway in the Meridian Comprehensive Plan. Construction shall be in accordance with the Ada County Pathway Plan and the City of Meridian's requirements. Any relocation of the South Slough will negate its consideration as a "natural waterway" and will require tiling; C. Perimeter fencing shall be required prior to obtaining building permits. The South Slough shall be fenced with non-combustible fencing outside of existing/required easement to accommodate future pathways; d. A development agreement is required as a condition of annexation; e. [At the time these comments are made,] no school capacity is available to serve this subdivision; f. No access is available to the property [at the time these comments are made]; g. She has had reports that apartments have been constructed on Lot 7, Block 2. In the event these reports are accurate, this lot does not conform to the R- 4 District zoning requirements. Additionally, it would appear that this proposed lot has already been split illegally; h. All corner lots shall have a minimum of 80 feet of frontage. For purposes of calculating frontage, the line length plus one-half of the curve length is used. Some FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21. P.N.E./EDMONDS' CONSTRUCTION lots of the proposed subdivision; such as Lots, 1, 3, 4 and 6, Block 7; will need arrows indicating the direction the house must face; i. Lot square footages are to be determined exclusive of irrigation easements. The South Slough area should be designated as a separate lot to be owned and maintained by the homeowners association; j. Phasing of the development of the project, if applicable, shall be indicated on the preliminary plat; k. Easements shall be provided as required by City Ordinance Section 11-9-605 D.; 1. Any changes to existing natural features shall meet the approval of the City of Meridian and the appropriate public agency prior to any construction activity taking place; M. Pressurized irrigation is to be supplied to all lots within the proposed subdivision; n. Buffering of adjacent residential rural lots is required. While consideration has been given to some adjacent property owners, the lots in Block 6 do not show the same consideration; o. All ditches crossing or abutting the property are to be tiled per City Ordinance unless a variance is granted; p. Driving lanes at culdesacs, "knuckles," at the north and the south ends of N. Malachite Avenue, with a 21 feet width, do not appear to be adequate; and q. Applicant is to address all of the foregoing comments, in writing, and submit such response to the City of Meridian's Clerk's office. 33. The Assistant to the City Engineer, Bruce Freckleton, submitted general and site specific comments and he or the City Engineer may hereafter submit general and site specific comments. The submitted general and site specific comments of the Assistant to the City Engineers are incorporated herein as if set forth in full and such general and site specific comments hereafter FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22. P.N.E./EDMONDS' CONSTRUCTION submitted by the Assistant to the City Engineer or the City Engineer shall be incorporated herein as if set forth in full when submitted. The general and site specific comments submitted by the Assistant to the City Engineer included the following: General Comments: a. Any existing irrigation/ drainage ditches crossing the property to be included in the proposed project shall be tiled per City Ordinance 11-9-605 M. The ditches to be piped are to be shown on the preliminary plat of the proposed subdivision. Plans will need to be approved by the appropriate irrigation/drainage district or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing the proposed project; b. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation; C. The Applicant shall determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the street development plans; d. The Applicant shall submit a copy of proposed restrictive covenants and/or deed restrictions for the City of Meridian's review; e. The Applicant shall provide 5 feet sidewalks in accordance with City Ordinance Section 11-9-606 B.; f. Water service to the proposed development is contingent upon positive results from a hydraulic analysis by the City of Meridian's compute model; g. The Applicant shall submit a letter of approval from the Ada County Street Name Committee, approving the subdivision and street names. The Applicant shall make any necessary corrections to the preliminary plat map prior to resubmittal to the City of Meridian; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23. P.N.E./EDMONDS' CONSTRUCTION h. The Applicant is to coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent; i. The Applicant shall indicate any existing FEMA Flood Plain Boundaries on the preliminary plat map, and/or any plans to reduce said boundaries; j. The Applicant shall submit a master street drainage plan, including the method of disposal and approval from the affected irrigation/drainage district; and k. The Applicant is to respond, in writing, to all of the comments of the Assistant to the City Engineer, and submit the responses with copies of the revised preliminary plat map to the City of Meridian's Clerk's office. Site Specific Comments: a. The legal description submitted with the application and the preliminary plat appears to meet the annexation criteria of the City of Meridian and Idaho State Tax Commission; b. Sanitary sewer service to the property shall be via an extension of the South Slough Sewer Interceptor. [As of the date these comments are made], the South Slough Interceptor is at Locust Grove Road, approximately 1,800 feet west of the proposed development. The interceptor line would need to cross the length of the proposed "Chamberlain Estates" parcel and parcel owned by Vern Alleman. Without the extended interceptor line, the proposed development is not serviceable with the City of Meridian's municipal system. The Applicant will be responsible to construct the sewer mains to and through the proposed development. The subdivision designer is to coordinate main sizing and routing with the Meridian Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. [At the time these comments are made,] the preliminary plat submitted does not show how the proposed development will be served. Until the sewer line routing is proposed, this development should not be considered; C. Water service to this property could be via mains installed in N. Hickory Way as part of the first phase of the "Dove Meadows" project; however, [at the time these comments are made,] the approved preliminary plat of "Dove Meadows" [had] expired beyond the one year time FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24. P.N.E./EDMONDS' CONSTRUCTION frame established by the City of Meridian's ordinances for completing the second phase. This leaves a gap of approximately 300 feet between the existing water main and property that the Applicant controls (Packard Subdivision No. 1). The Applicant shall be responsible to construct the water mains to and through the proposed development. The subdivision designer is to coordinate the main sizing and routing with the Meridian Public Works Department. [At the time these comments are made, ] the preliminary plat submitted does not show how the proposed development will be served. Until the water line routing is proposed, this development should not be considered; d. The subdivision designer is to coordinate E. Carnelian street stub alignment into the proposed "Chamberlain Estates" with Hubble Engineering, Inc.; e. The Applicant is to revise the preliminary plat map to show all adjacent land use and existing zoning of properties surrounding the proposed development, including existing or approved proposed streets and lots, and to include all proposed and existing utilities including pressurized irrigation, with proposed source, and addressing all other comments of the Assistant to the City Engineer. The Applicant is to resubmit the preliminary plat with said revisions; f. The Applicant is to submit a master street grading and drainage plan including the method of disposal and the approval from the affected irrigation/drainage district; g. One hundred watt high pressure sodium street lights will be required at locations designated by the Meridian Public Works Department. All street lights shall be installed at the Applicant's expense. Typical locations of the street lights are at street intersections and/or fire hydrants; h. The minimum street frontage for Lot 17, Block 2 shall be eighty feet, measured at the arc for the curved portion per City of Meridian ordinance; i. Lots 1 and 6, Block 7 shall have a limitation on house orientation towards N. Hickory Way. Lots 3 and 4, Block 7 shall have a limitation on house orientation towards N. Malachite Ave. Lot 5, Block 6 shall have a limitation on house orientation towards E. Meadowgrass Street. Lot 7, Block 10 shall have a limitation on house orientation towards N. Devlin. The Applicant is to FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 25. P.N.E./EDMONDS' CONSTRUCTION indicate said house orientations on the preliminary plat and final plat maps; j. The Applicant is to provide a 50 feet radius paved temporary turn around at the westerly end of Quartz St.; k. The preliminary plat map contour lines need to be labeled and tied to an established benchmark; 1. The preliminary plat map needs to be stamped, signed and dated by the design engineer or land surveyor; M. The Applicant is to provide statements of dedications to the public and/or easements, together with a statement of location, dimension and purpose of the dedication or easements; n. Any proposal for a supplementary connection from the City of Meridian's water system to pressurized irrigation system being proposed will need to be reviewed closely due to the size of the area to be watered. The Applicant shall provide a statement as to the ownership of, and operation and maintenance for the pressurized irrigation system; o. The Applicant is to revise the preliminary plat map to show the extension of N. Wingate Ave. across the Reichert property. The Applicant shall make provisions in the design to accommodate access from this extension to the Sharp parcel; p. The width of the pavement in the "90 degree Knuckle" turn outs need to be reviewed and approved by the Meridian Fire Department and Meridian Joint School District No. 2; and q. The correspondence between Larry Sale of the Ada County Highway District and Gary Smith, P.E., Meridian City Engineer, respectively dated October 2, 1995 and October 12, 1995 are incorporated herein as if set forth in full. 34. The Applicant's represenative, Ted Hutchinson of Tealey's Land Surveying, responded to the general and site specific comments of the Assistant to the City Engineer, Bruce Freckleton, by letter dated December 12, 1995. The responses contained in said letter of December 12, 1995 are incorporated herein as if set forth in full. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 26. P.N.E./EDMONDS' CONSTRUCTION 35. There were no other comments by the public regarding this application. 36. The property is adjacent and abutting the present city limits of the City of Meridian. 37. The Applicant is the owner of the majority of the property which is the subject of this application. Robert Cassell and Willa J. Cassell are the record owners of a portion of the property which is the subject of this application. Robert Cassell and Willa J. Cassell have consented to this application of the Applicant, have consented to be bound by the Findings of Fact and Conclusions of Law approved and adopted for this application, have consented to be bound by the ordinance annexing their property into the City of Meridian, if annexed, and have agreed to pay any and all applicable fees associated with the annexation of the property. Robert E. Coburn and Michelle L. Chesworth are the record owners of a portion of the property which is the subject of this application. Robert E. Coburn and Michelle L. Chesworth have consented to this application of the Applicant, have consented to be bound by the Findings of Fact and Conclusions of Law approved and adopted for this application, have consented to be bound by the ordinance annexing their property into the City of Meridian, if annexed, and have agreed to pay any and all applicable fees associated with the annexation of the property. 38. The property which is the subject of this application is within the Area of Impact of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 27. P.N.E./EDMONDS' CONSTRUCTION 39. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 40. The property is in an area designated on the Generalized Use Map of the Meridian Comprehensive Plan as a single family residential area. In the Comprehensive Plan property inside the Urban Service Planning Area may be developed at greater densities than one dwelling unit per acre. 41. In the Meridian Comprehensive Plan under LAND USE, Rural Areas, Section 6.3 provides that land in agricultural activity should so remain in agricultural activity until urban services can be provided. See COMPREHENSIVE PLAN CITY OF MERIDIAN at page 29. 42. The City of Meridian has, and is, experiencing a Population increase. There exist pressures on land previously used for agricultural uses to be developed into residential subdivision lots. 43. The property can be physically serviced with City of Meridian water and sewer if the Applicant extends the lines, and constructs and installs the necessary equipment and facilities. 44. The R-4, Low Density Residential District is described in the Zoning and Development Ordinance, 11-2-408 B. 3 as follows: R-4 Low Density Residential District: Only single- family dwellings shall be permitted and no conditional uses shall be permitted except for Planned Residential Development and public schools. The purpose of the (r-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominately residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 28. P.N.E./EDMONDS' CONSTRUCTION areas by prohibiting the intrusion of incompatible non- residential uses. The (R-4) District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal Water and Sewer System of the City of Meridian. 45. Pursuant to the Zoning and Development Ordinance, 11-2- 411 D 1., all new single-family detached housing in the (R-4) Low Density Residential District shall be constructed to contain at least 1,400 square feet of living space of which the garage is not included in determining the square footage of living space. 46. The following pertinent statement is made in the Meridian Comprehensive Plan under LAND USE, "2. RESIDENTIAL POLICIES 2.1U Support a variety of residential categories (urban, rural, single- family, multi -family, townhouses, duplexes, apartments, condominiums etc.) for the purpose of providing the City with a range of affordable housing opportunities." COMPREHENSIVE PLAN CITY OF MERIDIAN at page 23. 47. The following pertinent statement is made in the Meridian Comprehensive Plan under LAND USE, RURAL AREAS, section 6.3 c.: Within the Urban Service Planning Area development may occur in densities as low as 3 dwellings units per acre if physical connection is made to existing City of Meridian water and sewer service and the property is platted and subdivided in accordance with Ada County Zoning and Subdivision Ordinances Policy. Development density below three dwelling units per acre may be allowed by conditional use permit if a cost/benefit analysis indicates positive impacts to the City of Meridian. COMPREHENSIVE PLAN CITY OF MERIDIAN at page 29. 48. The following pertinent statement is made in the Meridian Comprehensive Plan under LAND USE, RURAL AREAS, section 6.4 c.: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 29. P.N.E./EDMONDS' CONSTRUCTION Residential development is allowed in the rural areas provided that said development does not exceed the Rural Residential Agricultural density, unless it is inside the Urban Service Planning Area and City sewer and water is provided, when Low, Medium and High density residential may be considered. All residential development must also comply with the other appropriate sections of this plan. COMPREHENSIVE PLAN CITY OF MERIDIAN at page 30. 49. The following pertinent statements are made in the Meridian Comprehensive Plan under HOUSING, Housing Policies: 1.1 The City of Meridian intends to provide for a wide diversity of housing types (single-family, modular, mobile homes and multi -family arrangements) andchoices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development. 1.3 An open housing market for all persons, regardless of race, sex, age, religion or ethnic background, shall be encouraged. 1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged. COMPREHENSIVE PLAN CITY OF MERIDIAN at page 67. 50. The City of Meridian has experienced an influx in its population which influx is reasonably anticipated to continue. The property borders upon city limits of the City of Meridian, and economic conditions are making the continuation of farming in the area difficult. 51. With regard to this application, Planning and Zoning Administrator, Shari Stiles, made specific comments concerning the need of parks in the area of the property, the lack of capacity in FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 30. P.N.E./EDMONDS' CONSTRUCTION the area schools and that the annexation should be conditioned upon a development agreement. 52. In 1992, the Idaho State Legislature passed amendments to the Local Planning Act, which included amending Idaho Code Section 67-6513. Section 67-6513 provides in part: Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of Political subdivisions of the state, including school districts, to deliver services without compromising quality of service, delivery to current residents or imposing substantial additional costs upon current residents to accommodate the proposed subdivision. 53. The City of Meridian is concerned with the increase in its population, and the impact such increase has upon its ability to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City of Meridian. The City of Meridian is further concerned about the impact and burden placed upon the schools of Meridian School District No. 2 resulting from the influx of its population. The City of Meridian knows the increase in population does not sufficiently increase the tax base to offset the costs of providing fire, police, emergency health care, water, sewer, and parks and recreation services. The City of Meridian further knows the increase in population does not provide sufficient tax base to provide for school services to current and future students. 54. Pursuant to the instruction, guidance and direction of the Idaho State Legislature, the City of Meridian may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive to apply to all residential lots FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 31. P.N.E./EDMONDS' CONSTRUCTION in the City because of the imperilment to the health, welfare and safety of its citizens. 55. Section 11-9-605 C of the Zoning and Development Ordinance provides, "Right-of-way for pedestrian walkways in the middle of the long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping area; the pedestrian easement shall be at least ten feet (10') wide." 56. Section 11-9-605 G of the Zoning and Development Ordinance provides in part: Planting strips . . . shall conform to the following: 1. Planting Strips - Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to. screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement;.. . . . 57. Section 11-9-605 H of the Zoning and Development Ordinance provides in part: Public sites and open spaces shall conform to the following: 1. Natural Features - Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision; 58. Section 11-9-605 K of the Zoning and Development Ordinance provides: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 32. P.N.E./EDMONDS' CONSTRUCTION The extent and location of lands designed for linear open space corridors should be determined largely by natural features and, to a lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi -improved areas(a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural values, especially waterways, drainageways and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities. Subdivision plats or development plans shall show the location of any lineal open space corridors. 59. Section 11-9-605 L of the Zoning and Development Ordinance provides: Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobiles) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicvcle-Pedestrian Design Manual for Ada County (as prepared by Ada county [sic] Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 60. Section 11-9-605 M of the Zoning and Development Ordinance provides in part: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 33. P.N.E./EDMONDS' CONSTRUCTION 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. 61. Proper notice was given as required by law and all procedures before the Planning and Zoning Commission and City Council were given and followed. CONCLUSIONS OF LAW 1. 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 Applicants' property. 2. The City of Meridian has authority to annex land pursuant to Idaho Code Section 50-222 and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian. The exercise of the City's annexation authority is a legislative function. 3. The Planning and Zoning commission has judged this annexation and zoning application under Idaho Code Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it may take judicial notice. 4. There has been compliance with all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 34. P.N.E./EDMONDS' CONSTRUCTION 5. The Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. The land within the proposed annexation is contiguous to the present city limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. The annexation application has been initiated by the Applicant, and is not upon the initiation of the City of Meridian. 8. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The Citv of Idaho Falls, 105 Idaho 65, 665 P2d. 1075 (1983). 9. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 11-9-616 which pertains to development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. 10. The development of the property shall be subject to and controlled by the Zoning and Development Ordinance of the City of Meridian. 11. Section 11-2-417 D of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 35. P.N.E./EDMONDS' CONSTRUCTION development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. It is concluded, however, that it is more appropriate to enter into a development agreement for the development of the property, and therefore as a condition of annexation a development agreement must be entered into prior to development of the property or issuance of final plat approval. 12. As a condition of annexation and the zoning of (R-4) Low Density Residential District, the Applicant shall enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D. The development agreement shall address, but not limited to, the following matters: a. Inclusion into the development the requirements of 11-9-605; b. Payment by the Applicant, or if required, any successors in interest, assigns, heirs, executors or personal representatives, of any impact, development, or transfer fee, adopted by the City; C. Addressing the property access linkage, screening, buffering, transitional land uses and traffic study; d. An impact fee, or fees for fire, police, emergency health care, water, sewer, and parks and recreation services as determined by the City; e. Appropriate berming and landscaping; f. Submission and approval of any required plats; 9. Submission and approval of individual building, drainage, lighting, parking, and other developmental plans of the property; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 36. P.N.E./EDMONDS, CONSTRUCTION h. Harmonizing and integrating the site with the surrounding residential development rovements and other development; i. Addressing and complying with the present comments of and the comments hereafter made by the Planning and Zoning Administrator; j. Addressing and complying with the present general and site specific comments of and the comments hereafter made by the City Engineer and the Assistant to the City Engineer; k. Addressing and complying with the comments and requirements of the Ada County Highway District; 1. Addressing and complying with the comments and requirements of other governmental agencies submitting comments; M. The sewer and water requirements; n. Traffic plans and access into and out of any development; and o. Any other items or matters deemed necessary by the City Staff, including design review of all development, and conditional use processing. 13. As the property is in an area marked as a single family residential area, the annexation and zoning application is in conformance with the Rural Area policies. 14. The development of the property as an (R-4) Low Density Residential District, as requested by the Applicant, would be compatible to the development in the surrounding area. 15. It is therefore concluded that the annexing and zoning of the property is in the best interest of the City of Meridian, and it is concluded that the annexation shall be conditioned upon meeting the requirements of these Findings of Fact and Conclusions of Law and if they are not met the land may be de-annexed. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 37. P.N.E./EDMONDS' CONSTRUCTION 16. The requirements of the Meridian City Engineer, Meridian Planning and Zoning Administrator, Ada County Highway District, Central District Health Department, the Nampa & Meridian Irrigation District and other governmental agencies shall be met and addressed in a development agreement. 17. All ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled, the property shall be subject to de-annexation. 18. Pressurized irrigation shall be installed and constructed, and if not so done the property shall be subject to de-annexation. 19. The Applicant shall be required to connect the property to Meridian water and sewer, extend the water and sewer lines to serve the property, and resolve how the water and sewer mains will serve the property, all of which shall be at the Applicant's, or its successor's, or successors' cost and expense. Said water and sewer requirements shall be performed on or before the time that the Applicant or its successor, or successors desire to use the property or place a user on the property. 20. These conditions shall run with the land and bind the Applicant and its successors in interest, assigns, heirs, executors or personal representatives. 21. With compliance of the conditions and requirements contained herein, the annexation and zoning of the property as (R- 4) Low Density Residential District would be in the best interest of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 38. P.N.E./EDMONDS' CONSTRUCTION 22. If these conditions of approval are not met, the property shall not be annexed or if already annexed, it shall be de -annexed. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COMMISSIONER BORUP COMMISSIONER OSLUND COMMISSIONER MACCOY COMMISSIONER MANNING CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED �-- VOTED VOTED VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 39. P.N.E./EDMONDS' CONSTRUCTION DECISION AND RECOMMENDATION The Planning and Zoning Commission hereby recommends that the property set forth in the application be approved by the City Council for annexation and zoning under the conditions set forth in these Findings of Fact and Conclusions of Law, including that the Applicant or its successors in interest, assigns, heirs, executors or personal representatives enter into a development agreement; that if the Applicant is not agreeable with these Findings of Fact and Conclusions of Law and are not agreeable with entering into a development agreement, the property should not be annexed. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 40. P.N.E./EDMONDS' CONSTRUCTION OFFICIALS WILLIAM G. BERG, Jr., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P A Z Adm. 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) 8884433 • 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 & 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 Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: June 13, 1995 TRANSMITTAL DATE: 5/26/95 HEARING DATE: 6/22/95 REQUEST: Annexation/Zoning/Preliminary Plat for Packard Subdivision No 2 BY: PNE/Edmonds Construction LOCATION OF PROPERTY OR PROJECT: South of Ustick Road, East of Locust Grove Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z _GRANT KINGSFORD, MAYOR _RONALD TOLSMA, C/C _BOB CORRIE, C/C _WALT MORROW, C/C _MAX YERRINGTON, C/C WATER DEPARTMENT _SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES / OTHER: Jr' ( `- YOUR CONCISE REMARKS: CD PC A) S 02 ,q s ice, : JL, /V i_ W ,, � 8e_ r C4ege�>1 7Tr4,5ti 4- L CL ri, r O by l vl /3 Z- CU w e— t v ,,4 44 r dv C) A�_ f Z .SIfJ e RECEIVED MAY 3 -0 1995 C11,14 ul- MLhAmi- June 2, 1995 JOINT SCHOOL DISTRICT NO.2 911 MERIDIAN STREET • MERIDIAN, IDAHO 83642 • PHONE(208)888-6701 City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: Packard Subdivision No. 2 Dear Councilmen: I have reviewed the application for Packard Subdivision No. 2 and find that it includes approximately 95 homes at a median value of $115,000. We also find that this subdivision is located in census tract 103.11 and in the attendance zone for Chief Joseph Elementary, Meridian Middle School and Eagle High School. The School District may be required to transport elementary students from this subdivision to Ridgewood Elementary or another school that may have capacity, due to overcrowding at Chief Joseph Elementary. Using the above information we can predict that these homes, when completed, will house 32 elementary aged children, 23 middle school aged children, and 22 senior high aged students. At the present time Chief Joseph Elementary is at 119% of capacity. The Meridian School District is not opposed to growth in our district, however this subdivision will cause increased over- crowding in all three schools. There is little opportunity to shift attendance boundaries since the surrounding schools are also well over capacity. Before we could support this subdivision, we would need land dedicated to the district or at least made available at a minimum price for a school site in this area. The site would need water and sewer services available. In addition we would need to pass another bond issue for the construction of schools. The cost per student for newly constructed schools, excluding site purchase price and offsite improvements, exceeds $5,000 per elementary student and $10,000 per middle or high school student. S=RINTENDENT OF SCHOOLS Bob L. Haley DEPUTY SUPERINTENDENT Dan Mabe, Finance & Administration ASSISTANT SUPERINTENDENT gym_ iy�%1 Christine Donnell, Personnel & Instruction DIRECTORS Sheryl Belknap, Elementary Jim Carberry, Secondary Doug Rutan, Special Services JOINT SCHOOL DISTRICT NO.2 911 MERIDIAN STREET • MERIDIAN, IDAHO 83642 • PHONE(208)888-6701 City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: Packard Subdivision No. 2 Dear Councilmen: I have reviewed the application for Packard Subdivision No. 2 and find that it includes approximately 95 homes at a median value of $115,000. We also find that this subdivision is located in census tract 103.11 and in the attendance zone for Chief Joseph Elementary, Meridian Middle School and Eagle High School. The School District may be required to transport elementary students from this subdivision to Ridgewood Elementary or another school that may have capacity, due to overcrowding at Chief Joseph Elementary. Using the above information we can predict that these homes, when completed, will house 32 elementary aged children, 23 middle school aged children, and 22 senior high aged students. At the present time Chief Joseph Elementary is at 119% of capacity. The Meridian School District is not opposed to growth in our district, however this subdivision will cause increased over- crowding in all three schools. There is little opportunity to shift attendance boundaries since the surrounding schools are also well over capacity. Before we could support this subdivision, we would need land dedicated to the district or at least made available at a minimum price for a school site in this area. The site would need water and sewer services available. In addition we would need to pass another bond issue for the construction of schools. The cost per student for newly constructed schools, excluding site purchase price and offsite improvements, exceeds $5,000 per elementary student and $10,000 per middle or high school student. We are in a difficult position and need your help in dealing with the impact of growth on schools. Sincerely, Dan Mabe Deputy Superintendent DM: gr SUL.JIVISION EVALUATION `, BEET Proposed Development Name PACKARD SUB NO. 2 City MERIDIAN 33 Date Reviewed 6/01/95 Preliminary Stage XXXXX Final Engineer/Developer Tealey's Land Surveying / PNE & Edmonds Contruction The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall appear on the plat as: "N. HICKORY WAY" "E. MEADOWGRASS STREET" "N,. DEVLIN AVENUE" "N. DEVLIN WAY" "E. LOCHMEADOW STREET" "N. WINGATE AVENUE" The following new streets are in alignment with new streets in proposed subdivisions and therefore shall be named: SIMERLY PLACE" "E. CHALLIS STREET" "E. CARNELIAN STREET" "N. LAPIS AVENUE" "MALACHITE" is reserved for another subdivision and cannot be used unless it is in alignment."TOURMALINE" is a duplication and cannot be used "QUARTZ" is too close to QUARTZITE and therefore cannot be used. The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, N Y REPRES NTATIVES OR DESIGNEES Ada County Engineer John Priester Date Ada Planning Assoc. Terri Raynor Date City of Meridian Representative ate FS" Meridian Fire District Representative ate cY NOTE: A copy of this evaluation sheet must be presented to the Ad County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index 3N 1 E 05 Section NUMBERING OF LOTS AND BLOCKS N I -L - 1 �5 1 ♦ a 1 ♦ i 1� /J A ._ 30 ADA PLANNP;� AU -N. AUG 12 94 29 3' 0 LE Q BoGK 25 24 / 12 22 10 21 9 O s 21 Ic 8 5of W 18 P J a I' 10 l � �•'n 16 � II 12 14 I 13 `.b UNLAiFaAL ! r Q8a ►��• ♦ars♦ 37 - 39 38 32 24 #Ai g AUa MLX. A QW ao =-D*t RA i a a� � 0 26 3 •3 a 29 27 24.22 8 E -Oc�ml DOz f 9 8 9 10 a ;2 1 i3 �a � \ 3 '15 ib� ♦ al . of al al • • a► � a► a► A N a 5 6 la 3 i2 E. KATELYN DR. ie 1� i W3.j x a If2 Z g 13 Q1 2 A > 6 9 .z o C 5 �0 �� 2 \� (71) E�CHATEEASU—DDR. / 1 1In/ L C 6,k /J A ._ 30 ADA PLANNP;� AU -N. AUG 12 94 29 3' 0 LE Q BoGK 25 24 / 12 22 10 21 9 O s 21 Ic 8 5of W 18 P J a I' 10 l � �•'n 16 � II 12 14 I 13 `.b UNLAiFaAL ! r Q8a 'CENTRAL CEN'tKAL DISTRICT HEALTH DEPARTMENT •• DISTRICT Environmental Health pDivision, 'It' HEALTH� � Return to: °�.� ❑Boise DEPARTMENT '...� ❑Eagle ❑ Rezone # Garden city r'y • - a—'��.�ad Meridian al Use # ❑ Kuna CP7liminary / final /Short Plat /�i'Fc ��r�r/isia.0 /�G • a— ❑ ACZ ❑ I. We have No Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ solid lava from original grade ❑ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ❑ 2 feet ❑ 4 feet ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ,-central sewage ❑ community sewage system ❑ community water well ❑ interim sewage -central water ❑ individual sewage ❑ individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: 'central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines "FI—eentral water 0 Street Runoff is not to create a mosquito breeding problem. Stormwater disposal systems shall be reviewed by relative to: ❑ Waste Disposal ❑ Injection Well rules. ❑ Groundwater Protection This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 14. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store �A IS .Date: Reviewed By: Review Sheet CDHD 10/91 rcb, rev. 1/95 CCENTRAL .-� •-. •® DISTRICT HEALTH DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL • BOISE, ID. 83704*25 • (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 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, and Ada Counties Ada /boas Courtly Office WIC Boise . Mender+ Elmore county Ofke am" County Office 707 R Armstrong PI. 1606 Robert St. 520 E. 8th Street N. of Enwiwriedd HeoBh 8m. 0. 83704-0825 Boise. ID. 83705 Mountain Home. ID. 190 S. On Sfre:,t E. Envro. Heaft 327-7499 Ph. 334.3355 83647 Ph. 581.4407 Mountain Home, ID. Fainly Plorvmq. 327.1400 324 Meridian Rd. 83641 Ph. 587.9225 Irrvnun¢atim 321.1450 Meridian, ID. 83642 Nutrition: 317.7460 Ph. 888-6525 G) 'NIC: 27.7488 Vabey Courtly Office P.O. Box 1448 Mccal. 0.83638 Ph. 634.7194 To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: June 13, 1995 TRANSMITTAL DATE: 5/26/95 HEARING DATE: 6/22/95 REQUEST: Annexation/Zoning/Preliminary Plat for Packard Subdivision No. 2 BY: PNE/Edmonds Construction LOCATION OF PROPERTY OR PROJECT: South of Ustick Road. East of Locust Grove Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z _CHARLES ROUNTREE, P/Z _TIM HEPPER, P/Z _GRANT KINGSFORD, MAYOR _RONALD TOLSMA, C/C _BOB CORRIE, C/C _WALT MORROW, C/C _MAX YERRINGTON, C/C _WATER DEPARTMENT _SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT 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 ATTORNEY — _CITY ENGINEER _CITY PLANNER 1� �- t_Qp ,e . J 1 U�f 0 HUB OF TREASURE VALLEY COUNCIL MEMBERS OFFICIALS RONALD R. TOLSMA WILLIAM G. BERG, Jr., City Clerk A Good Place to Live MAX YERRINGTON JANICE GITH,P.E.ity OOR IEW ROBERT D. MORROW WALT W. MORROW RYD. Engiurerneer GARY D. SMITH, P.. City Engineer CITY ®F MERIDIAN BRUCE D. STUART, Water Works Supt. P & Z COMMISSION JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO JIM JOHNSON, Chairman DENNIS J. SUMMERS, Parks Supt. MOE ALIDJANI Adm. SHARI S. STILES, P & Z Ad. MERIDIAN, IDAHO 83642 JIM SHEARER KENNETH W. BOWERS, Firedm Chief W. L. "BILL" GORDON, Police Chief Phone 208 888-4433 • FAX (208) 887-4813 ( ) n r 0MV CHARLIE R PPER E TIM HEPPER WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211 ((�� D GRANT P. KINGSFORD 3 1 MAY 1995 Mayor NAMPA & MERIDIAN 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 Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: June 13, 1995 TRANSMITTAL DATE: 5/26/95 HEARING DATE: 6/22/95 REQUEST: Annexation/Zoning/Preliminary Plat for Packard Subdivision No. 2 BY: PNE/Edmonds Construction LOCATION OF PROPERTY OR PROJECT: South of Ustick Road. East of Locust Grove Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z _CHARLES ROUNTREE, P/Z _TIM HEPPER, P/Z _GRANT KINGSFORD, MAYOR _RONALD TOLSMA, C/C _BOB CORRIE, C/C _WALT MORROW, C/C _MAX YERRINGTON, C/C _WATER DEPARTMENT _SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT 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 ATTORNEY — _CITY ENGINEER _CITY PLANNER 1� �- t_Qp ,e . J 1 U�f 0 7 June 1995 ffl 111 / / / ! I Tealey's Land Surveying 109 South 4th Street Boise, ID 83702 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 RE: Land Use Change Application for Packard Subdivision #2 Dear Tealey's: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above - referenced development. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Superintendent P.N.E./Edmonds Construction ,-City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 OFFICIALS WILLIAM G. BERG, Jr., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P & Z Adm. 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 a FAX (108) 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 & ZCOMMISSION 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 Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: June 13, 1995 TRANSMITTAL DATE: 5/26/95 HEARING DATE: 6/22/95 REQUEST: Annexation/Zoning/Preliminary Plat for Packard Subdivision No. 2 BY:PNE/Edmonds Construction LOCATION OF PROPERTY OR PROJECT: South of Ustick Road, East of Locust Grove Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z _CHARLES ROUNTREE, P/Z _TIM HEPPER, P/Z _GRANT KINGSFORD, MAYOR _RONALD TOLSMA, C/C _BOB CORRIE, C/C _WALT MORROW, C/C _MAX YERRINGTON, C/C _WATER DEPART IAENT _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(PREUM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: TOUCIA, c< r_ ,; 71, J U N 0 1 1995 G11'Y Of MthImA, ..k r JUN 12 '95 06:10PM IPCO BOISE OPERATIONS OFFICIALS WILLIAM G. BERG. Jr.. City Cleric JANICE L OAKS, City Treaowor GARY D. SMITH, P.E. City Enalnear BRUCE D. STUART, Water works Supt. JOHN T. SHAWCROFT, wa7ta Water Supl. DENNIS J. SUMMERS, Parks SUFI. SHARI S. STILES, P a Z Adm. KENNETH W. BOWERS, Fire Chief W. L "BILL" GORDON. Pollee Chief WAYNE G. CROOKSTON, JR., Attorney NUB OF TREASURE VALLEY A Good Place to Live P.1/1 COUNCIL ME B RS RONALD R. TOLSMA MAX YERRINGTON CITY OF MERIDIAN IE ALTW. MORROW WW ALT W. P L Z COM ISSION 33 EAST IDAHO JIM JOHNSON. Chairman DJANI MERIDIAN, IDAHO 83642 JIM SHEARER '������ ��.. JIM SHEARER Phonc (208) 8884433 • FAX (208) 8874813 CN TIM NARLIE E PERREE Public Works/Building Department (208) 887-2211 J U N 13 4n 1395 GRAM' P. KINGSFORD Mayor i+. i 1/ d M L ti I v I res TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: ,dune 13, 1995 TRANSMITTAL DATE: 5/26/95 HEARING DATE: 6/22/95 REQUEST: AnnexationlZoning/Preliminary Plant for Packard Subdivision No 2 BY: PNE/Edmonds Construction LOCATION OF PROPERTY OR PROJECT: South of Ustick Road._Ea�st of Locust Grove Road - th a 1 JOHNSON, P/Z )E ALIDJANI, P/Z 1 SHEARER, P/Z ARLES ROUNTREE, P/Z IHEPPER,P/Z ANT KINGSFORD, MAYOR NALD TOLSMA, C/C B CORRIE, C/C LT MORROW, C/C X YERRINGTON. C/C ITER DEPARTMENT BER DEPARTMENT &DING DEPARTMENT tE DEPARTMENT LICE DEPARTMENT rY ATTORNEY MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: We require a permanent 10 -foot wide public utilities easement along all lots adjacent to a road right-of-way dedicated to public or private use. Tim Adams &.0es Idaho Power 322-2047 JUN 12 '95 1e:09 PAGE.01 OFFICIALS WILLIAM G. BERG, Jr., City Clerk JANICE L GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P 3 Z Adm. 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 a 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 Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: June 13, 1995 TRANSMITTAL DATE: 5/26/95 HEARING DATE: 6/22/95 REQUEST:_ Annexation/Zoning/Preliminary Plat for Packard Subdivision No 2 BY: PNE/Edmonds Construction LOCATION OF PROPERTY OR PROJECT: South of Ustick Road, East of Locust Grove Road JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: U S WEST REQUEST A I O' EASEMENT ALONG FRONT AND REAR PROPERTY LINES. AND A 5' EASEMENT ALONG ALL SIDE LOT LINES. THANK YOU AJ. CARLSON - 11), N 0 1 1935 - T, 4LETS LAND SURVEYING May 22, 1995 Meridian Planning and Zoning Commission 33 E. Idaho St. Meridian Id 83642 109 South 41" Str Boise, Idaho 83702 RE: Annexation Request - Packard Subdivision 42 Dear Members of the Commission: (208) 385-0636 Fax (208) 385-0696 This application by Pacific Northwest Electric (P.N.E.)/ Edmond's Construction is seeking annexation of 35.23 acres. Located in the northwest quarter of Section 5, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, the parcel adjoins the city limits along its western boundary. Currently zoned RT (Rural Transition) under Ada County regulations, we are asking that the site be annexed into the city with a zoning designation of R4. The site consists of two (2) parcels. Part of the site, previously owned by Bill and Joy Brown, was submitted for annexation in September of 1994. That application was tabled until a development proposal was submitted. Since September of 1994, P.N.E./ Edmond's Construction have purchased additional land. The total annexation package is 35.23 acres. Presently, both parcels are in limited agricultural uses. Each parcel contains a single-family dwelling and outbuildings. The dwellings will be incorporated into the subdivision proposal that accompanies this annexation request. It is the intention of the applicant to development a single- family residential subdivision on these parcels. Under the jurisdiction of Ada County, the parcels are presently zoned RT (Rural Transition). This county designation limits the amount of development until urban services and other urban -type development extends to the parcel. Urban services and urban development have extended to the western boundary of these properties. The applicant seeks an R4 zoning designation for these parcels upon annexation. Much of the area surrounding the site has already developed. Chamberlain Estates, Chateau Meadows, Kearney Place and Carol's Subdivision are next to the site. Except Carol's Subdivision which is zoned R1, all of the surrounding subdivisions are zoned R-8. There are a few smaller agricultural parcels lying north and east of the site Those parcels range is size from three to five Padcard Subdivision #2 - Acmexx6on Projea 1408 -1- acres. Each has a single-family dwelling. Annexing and zoning this parcel to R4 is compatible with the existing and planned development in the area. With an R4 zoning designation, development of the site will provide a transition between those subdivisions that are zoned R-8 and the larger lot development east of the site. The site is close to the center of Meridian. Annexation of this site provides an orderly, logical extension of the city limit. Following the annexation is the extension of sewer services. Development will be a consistent extension of the Packard Subdivision #1. Development of the site for residential purposes is consistent with the goals of the Meridian Comprehensive. The Comprehensive Plan Map shows this area as designated for single-family residential development. In summary, the parcel is contiguous to the current city limits. The Meridian Comprehensive Plan designates the area for residential development. Our proposal is consistent with the development pattern in the area and provides the transition between R-8 development and larger lots in the area. Extension of the South Slough sewer -trunk will progress with the development of the site. This proposal meets the requirements for annexation in both the Meridian City Code and the Idaho Code. We ask that the Commission make positive findings of fact and recommend approval of this application to the City Council. Respectfully, Patrick A. Tealey Tealey's Land Surveying !7rr,-v��, Ted Hutchinson Packard SuMvisim #2 - Aimexatim Projed 1408 -2- lo.l October 17, 1995 Ada County Highway District Commission 318 East 37th Street Boise Idaho 83714 RE: Packard Subdivision #2 Dear Members of the Commission: This letter is to provide a chronology of proposed Packard Subdivision 42. The development application for this project has been in the works for over one and one-half years. Hopefully, this information will clarify the issues of concern and will get our proposal back on track. In the Spring of 1994, Pacific Northwest Electric and Edmonds' Construction (P.N.E./Edmonds) purchased approximately forty acres of land (the Packard property). It lays about one-quarter mile north of Fairview Avenue in Section 5 of Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho. This forty -acre parcel abuts the northern edge of Dove Meadows Subdivisions. It is also directly north of the Capitol Christian Center and east o Wingate Place Subdivision. The forty acres seemed perfect for subdivision. Primary access would be along North Hickory Avenue from Fairview Avenue with a secondary access from Wingate Place Subdivision. After discussion with Ada County Highway District staff, additional stub -streets for future development established to the north and to the east. This site adjoins the city limits of the city of Meridian on two sides. As stated above, it seemed the perfect and logical place for a new subdivision. Other residential subdivisions are on three sides. As P.N.E./Edmonds began the process for development of this forty -acre parcel, their attention was drawn to another parcel in the area. The Browns owned 22.66 acres laying northwest of the Packard property. The Brown property adjoins the city limits of Meridian and is next to existing or proposed residential subdivisions. One problem exists with the Brown property. The problem is access. Until Chamberlain Estates Subdivision is completed, the Brown parcel is landlocked. However, once Chamberlain Estates (phases 1 and 2) are completed, two roads will provide access to the Brown property. P.N.E./Edmonds' attention was drawn to the Brown parcel because of the proposed location of the South Slough sewer trunk line. The city of Meridian designated the South Slough as location for sewer extension into the northern portion of Section 5. By purchasing the Brown property, extension of the sewer from Chamberlain Estates through the Brown property then Pad.ard subdivision *2 Proj ,A 1408 - 1 - southward to the Borup and Packard properties is possible. Once this extension is made, a temporary sewer lift -station for Packard Subdivision will be eliminated. P.N.E./Edmonds did not want to rely solely on the development of Chamberlain Estates for their access. P.N.E./Edmonds purchased fourteen acres from Borup. The Borup property adjoined the northern property line of the Packard property and the southeastern boundary of the Brown property. In controlling these three properties, P.N.E./Edmonds were assured of street access from the Packard property. Development applications for the Brown, Borup, and Packard properties were not submitted simultaneously because P.N.E./Edmonds did not purchase the Borup property until after the Packard property applications were already submitted. An annexation request for the Brown property had been submitted at nearly the same time as the development application for the Packard property. However, the city of Meridian delayed any action on the annexation request until a development application (subdivision proposal) was submitted for concurrent review. The city of Meridian wanted the additional information to see how the South Slough sewer trunk -line was going to be extended. Without approval of the development on the Brown and Borup properties, the South Slough sewer trunk -line cannot extend into the northern portion of Section 5. During the early stages of land acquisition and examination of development options, P.N.E./Edmonds visited with Highway District staff. Several discussions took place concerning location of connecting streets, possible connection of the northern end of the development to Ustick Road, and general traffic issues. All proposed roadway locations on the Packard, Borup, and Brown properties were laid out after discussions with Highway District staff. Because the development entailed more than one hundred lots, a traffic study was required by staff. Dobie Engineering prepared a traffic study for the Packard property. This study was updated to include the Borup and Brown properties. It was during visits with Highway District staff that the issue of Wingate Lane arose. Wingate Lane is a privately owned and maintained access way for approximately twelve dwellings. The lane extends south from Ustick Road, along the western edge of the center section line of Section 5. In 1913, several property owners recorded an easement agreement for access. Each land owner holds fee simple ownership of their land subject to the ingress -egress agreement. Because Wingate Lane is a private lane, a few dwellings may be allowed under the provisions of the Ada County Zoning Ordinance. The lane currently serves more dwellings than permitted under Ada County Code. Section 8-13-3 of the Ada County Zoning Ordinance allows a maximum of four dwelling on an approved private street. More dwellings are allowed if the private street is constructed to the standards of the Ada County Highway District. Ada County Development Services (the planning and zoning department for Ada County) will not issue further development permits along the lane. The Brown property is one property having access onto Wingate Lane. The Borup property also takes access, however, it was not included in the original 1913 agreement. Pa&ard subdivision 172 ProjW 1408 - 2 - When P.N.E./Edmonds met with Highway District staff, discussion naturally turned to Wingate Lane as a possible location for a collector street to serve the north half of Section 5. District staff recognized that Wingate Lane was privately owned and that the District would not participate in any condemnation proceedings for acquisition of the lane. District staff did, however, ask P.N.E./Edmonds to see what they could do about obtaining access to Ustick Road along Wingate Lane. P.N.E./Edmonds were told that if access was not possible, the District would make other considerations for the traffic issues. After their discussion with District staff, P.N.E./Edmonds began contacting property owners along Wingate Lane. Ted Sigmont from P.N.E. and Wirt Edmonds from Edmonds Construction met individually with some owners and together with others. These informal meetings were to find out if they (P.N.E./Edmonds) could buy portions, or all, of the properties along Wingate Lane. Some property owners expressed an interest (for the right price); others were not interested. One property owner delayed meeting with P.N.E./Edmonds until P.N.E./Edmonds figured out that the owner was simply not interested in selling the land. P.N.E./Edmonds set up four meetings over a couple of months with that land owner. Each time, the owner would cancel the meeting for "two more weeks." Clearly, the Wingate Lane property owners were not interested in selling or improving the lane. When they attended public hearings before the Meridian Planning and Zoning Commission and Meridian City Council, the owners expressed severe opposition. At each of the several meetings, the property owners expressed a great deal of opposition to any development that would allow traffic onto Wingate Lane. P.N.E./Edmonds met with District stag. They explained that options of using or improving Wingate Lane was not possible. Lot and street layouts for the development of the Brown and Borup properties were completed without using Wingate Lane. A design with a single public road crossing Wingate Lane has been proposed. A public road crossing would not deprive the Wingate Lane easement holders of their right to use the lane. On September 18, 1995, a representative of P.N.E./Edmonds met with several Wingate Lane property owners. This meeting was at the request of P.N.E./Edmonds in hopes that a solution could be found to the issue of Wingate Lane. The meeting lasted over an hour and the P.N.E./Edmonds representative asked the property owners for a list of concerns and acceptable solutions to the Wingate Lane problem. On September 27, 1995, the property owners provided the following list. 1 We are requesting a gate be installed at the south entrwice of Wingate Lwie. This gate must be of sufficient quality to discourage outside automobile acid foot traffic. Also gate on south side of street crossing Wingate Lane. 2 Details of the irrigation system need to be established. Hoii, rill the current land augers receive their irrigation Nater both during construction and When the system is pressurized? 3 The site plans need to include brumes (sic) along Dixie Roberts property and also along Petersofi's property. Packard Subdivision #2 Project 1408 _ 3 4 We would like to review a copy of the covenants for the development on Winrgate (sic) Lane. Issues to be addressed in the covenants are homeowners duniping over their fence and onto Wingate Lane and hm�ing gates that access Wingate Lane. S Berms and fence along east side of Sharps property including gate across Nampa Meridian access road. 6 Tile lateral ditch east side of Sharps property. We are considering these issues and will respond to their concerns. It is important to examine the location of the proposed development in relation to the properties that may be affected by the development. Of the twelve properties along Wingate Lane, one is the Brown property, one is the Borup property, both owned by P.N.E./Edmonds. One property owner, Reichert, favors the development plans. Eight of the properties are north of the Borup property. This leaves one property, Sharp's, south of any development of the Brown and Borup properties. Of those expressing a preference, those property owners north of the Borup property would prefer to have a cul-de-sac on Wingate Lane at the north end of the Borup property. However, this would cut off the Sharps' access to the Wingate Lane easement. P.N.E./Edmonds are trying to find and to provide an acceptable solution to this issue. It seems the harder P.N.E./Edmonds look for a solution, the harder the process becomes. What should have been a simple development has become convoluted. All of the pre -application planning and meeting with District staff have been for little or no progress. Directed by District staff to find a way to use Wingate Lane, P.N.E./Edmonds tried to purchase land along Wingate Lane for access to Ustick Road. This effort met severe resistance. Without access to Wingate Lane, P.N.E./Edmonds put together a logical development proposal systematically providing future access to adjoining properties based upon advice and comments from District staff P.N.E./Edmonds recognized the landlocked predicament of the Brown and Borup properties when they purchased them. However, they also recognized that development proposals were in process that would provide access to the properties. P.N.E./Edmonds also recognized that they could provide a continuation of their Packard Subdivision proposal onto the Brown and Borup properties. This continuation would provide connection and continuity of public streets through Section 5. The planning of those street connections was done with District staff in the early stages of the development proposal. Interconnection to existing and proposed developments has been planned for these properties. This is not leapfrog development. It is next to existing and proposed developments and contiguous to the corporate limits of the city of Meridian. Concurrent application for annexation into the City is part of the development application being considered by the City. The traffic engineering studies completed for these projects show that the proposed street system can accommodate the traffic that will be generated by this proposal. That study was based upon the street interconnection of the existing development plan. Packard Subdi%ision 42 Projw 1408 - 4 - We cannot emphasize enough that in an attempt to eliminate problems and to avoid delays, we worked closely with District staff. From street -stub locations to street widths, District staff was consulted. Every attempt has been made to use the advice given by District staff, including attempts to obtain right of way along Wingate Lane. This has been a long, frustrating process. Several times, the project has been redesigned to accommodate additional comments and concerns of District staff, neighboring property owners, and the city of Meridian. The proposal now before the Commission is the end -product of the planning process thus far. Street interconnection is there. Provision of future street interconnection is there. Good land -use planning and traffic planning is there. We cannot understand the difficulties now encountered. We believe all the answers have been provided to the Commission supporting the approval of this development as proposed. We have looked for other options, but no logical ones exist. We do not have the solutions for the concerns of the neighboring property owners. They do not want traffic from this development using Wingate Lane. We agree with their position. The property owners have the right to use the Wingate Lane easement. We are not proposing to cut off that access, only to cross the access with a public street. Most of the property owners would prefer to see a cul-de-sac on Wingate Lane at the north end of the Borup property. The Sharps want to continue using Wingate Lane as they have done since 1968. This creates the additional problem of finding a satisfactory solution for all parties. One solution is to provide a cul-de-sac at the north end of the Borup property with a gate for use by the Sharps. This will not completely satisfy the Sharps. They are opposed to all development in the area. But, this will satisfy most of the property owners along the lane. Covenants and restrictions will be placed on the development of the Brown and Borup properties to prevent use or access to Wingate Lane. With the interconnection of public streets, we believe the Sharps and anyone visiting them will prefer the improved streets over the unimproved lane. As an important note of interest, on October 3, 1995, P.N.E./Edmonds met u-ith a representative of the Meridian School District and with Jon Barnes regarding locating an elementary school on thirteen acres owned by Mr. Barnes. The site is next to the northeast corner of the Packard property. P.N.E./Edmonds have agreed to provide a pathway and easement for extension of sewer to the site through Packard Subdivision. It is important to the city of Meridian, and now to the Meridian School District, that the South Slough sewer trunk -line is extended. Extension of this line depends upon approval of the subdivision proposal on the Brown and Borup properties -- Packard Subdivision 42. This has been an overview of the process we have been involved in for the development of these properties. Common sense and good planning have been used to provide a quality development plan that provides a logical extension of development in the area. Normally, the issues raised by the neighboring property owners are not perceived as so complicated. But, for some reason, here, they appear to have become enormously convoluted. Really, they are not. Packard subdivision u2 Project 1408 — 5 — We are seeking your advice for resolution to this endless review. Thank you for taking time to consider this letter. Respectfully, Walter T. Sigmont Pacific Northwest Electric Attachment WTS/WE/th Wirt Edmonds Edmonds Construction Packard Subdivision #2 Project 1408 _ 6 .--- - V_� I MML-r- i J JU![VC I I I'lu TEALEY'S LAND SE .IVEYING Gary Smith, City Engineer City of Meridian 33 East Idaho Street Meridian, Idaho 83642 RE: Packard Subdivision #2 Comment Sheet Dear Mr. Smith: 109 South 491 Street Boise, Idaho 83702 (208),' 0636 Fax (208) 385-0696 December 12, 1995 RECEIVED 0 E C 1 2 1995 CITY OF MERIDIAN This letter is in response to Bruce Freckleton's comments on Packard Subdivision 42. I will outline my response according to the outline Bruce used, GENERAL COMMENTS 1. As required by City Ordinance, irrigation and drainage ditches will be tiled. This will be done under the approval of Settlers Irrigation District. Any work involving the irrigation ditches and drainage ditches will have written approval for the work before beginning the work. 2. No existing domestic well(s) on this site will be used for other than irrigation purposes. Domestic water service will be from the city of Meridian. 3. Test -holes were dug on the site in August. Presently, monitoring of the test -holes is ongoing. 4. A copy of the proposed restrictive covenants will be forwarded to your office when they are ready. 5. As required by City Ordinance, sidewalks within the development will be at least five feet (5') wide (see street cross-section on preliminmy plat). 6. Water service lines, size and location, were discussed with the Water Works Department. 7. A copy of the Ada County Street Name Committee review is attached. 8. Fire hydrant location was discussed with the Water Works Department. 9. There is no FEMA Flood Plain boundary within this development. DEC 12 '95 14=02 PAGE.02 14:10 ItHLtY'S SUKVtY1NU 10. Work is continuing within this office regarding the street drainage_ Drainage will be retained on-site. Drainage method and location will be approved by the appropriate public agency. 11. Copies of the revised preliminary plat were delivered to your office on December 11, 1993. SITE SPECIFIC COMMENTS 1. The site is contiguous to the existing corporate limits of the city of Meridian. 2. Regarding the extension of sewer, the developers understand that wet line sewer service is required for this development. They also understand that unless they can provide the wet line sewer in a location and manner that meets with your approval, it is not possible to record the final plat for this development. Sewer plans for this development were laid out using the preliminary plat design of Chamberlain Estates Subdivision 92 and the extension of the South Slough Sewer Trunk -line. Given approval of the Chamberlain Estates #2 project by the city of Meridian, the basic assumption is that the extension of the South Slough Sewer Trunk -line will happen. Extension of this line through the Alleman property has been worked out (verbal agreement at this time) with Mr. Alleman. The revised plans provided your office show how the sewer trunk -line will be extended to, and through, this property. 3. The revised plans provided your office show the extension of water service lines to this project from their existing end in Dove Meadows Subdivision #1 through Packard Subdivision #1 and into this project. The developers understand that this project appears to have more than its share of perceived problems. However, given that this project is at the preliminary plat stage, there are ways for the city of Meridian to address the issues. We know that this is the stage in the development where the City has its greatest say regarding the requirements under which development occurs. This is the time for the City to review the proposal and to decide whether the proposal meets the Comprehensive Plan for the City. The City must also decide whether the proposal complies with the existing zoning requirements. The process, at this point, allows the City the opportunity to place specific requirements upon the developers and the development. Not all of those requirements will be met at the preliminary stage; but, they will be met at the final stage. If, for some reason, a requirement is not met, the City has the authority to withhold approval of the final plat and to withhold the City Engineer's endorsement. This is the method by which the City assures completion of their requirements. But, at this stage in the process, the developer simply needs to know the specific requirements that will lead to obtaining the City's approval of the final plat. The City`s approval of a preliminary plat is contingent upon compliance with those specific requirements. For example, the City requires wet line sewer for all developments. This does not necessarily mean that to submit a preliminary plat for review and approval that wet line sewer must presently be in place at the site. This simply means that in order for the development to go on through to final plat, those sewer lines must be in place before the City is asked to sign the final plat. This is the same with any DEC 12 '95 14:02 PAr,F A� LCI, -1G 177J 14. lu 1 LHLtY' S !:DUKVtY 1NU I1. U4 other condition or requirement that the City places on the preliminary development plan. If the City wants a pathway, landscape strip, park, sidewalk, paved street, streetlight, or any other of a host of improvements, those improvements are not required before the preliminary plat is considered. Rather, it is up to the City at the preliminary plat stage to decide whether a proposal is appropriate given the circumstances. If decided that the development is appropriate, then a list of conditions of approval is provided to ensure that the development is completed in a fashion acceptable to the City. That list includes such items as wet line sewer, water service, landscaping, sidewalks, and so on. It is then up to the developer to comply with those requirements and to meet those conditions before submitting the final plat for approval. If for some reason the developer is unable to meet those conditions, the project dies. If the developer finds out that it is too costly to extend a service, the project dies. At the preliminary plat phase, the City should decide if a development proposal complies with their Comprehensive Plan. If the proposal complies, the City should then provide a list of items required for that development. This list is, in essence, the map that guides the developer to the end -product, a final plat approval. This pontificating should be directed at the decision -makers, the Planning and Zoning Commission and the City Council. But, they turn to you for your expertise and guidance in the matters of infrastructure provision. It is the time between approval of the preliminary plat and the approval of the final plat that developer provides those improvements to the satisfaction of the City. At the preliminary plat stage, we are asking for your list of conditions that will make it possible for a project to go. If for any reason, those conditions cannot be met, the project will not make it to the final plat stage. If a final plat is submitted for approval without having met those conditions, the City should not sign the final plat. In fact, the City is under no obligation to do so. The city of Meridian is the only development agency requiring resolution of these issues before the preliminary plat is approved. We are not asking that you delete any of your conditions or requirements, just that you place them in the proper order of consideration. We have presented our proposal, give us your list of requirements to be met. Those will be completed before the final plat is submitted for your signature. Thank you for taking time to consider this information. I understand the development process from both sides of the counter, public review agency and private sector consultant. I am trying to Put the city of Meridian's process into perspective. Respectfully, Patrick A. Tealey Tealeys Land S;Z� ' B6� Ted Hutchinson DEC 12 '95 14:03 DEC -12-1995 14:11 TERLEY'S SURVEYING SUBDIVISION EVALUATION SHEET WR RECEIVED 0 E C 12 1995 CITY OF MERIDIAt, Proposed Development Name PACKARD SUIS NO, 2 City MERIDIAN Date Reviewed 5/04/95 Preliminary Stage XXXX Final Engineer/Developer _Tealey's Land Surveying / PNE & Edmonds Contruction The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The folio win4 existing street names shall aporar on the plat as: "N HICKORY WAY" "E MEADOWGRASS STREET" "N. DEVLIN AVENUE" "N DEVLIN WAY" "E HMEADOW STREET" "N. WINGATE AVENUE" The folio wino new streets are in alignment with new streets in proposed subdivisions and therefore shall be named: "N SIMERLY PLACE" Please choose 5 new street names and have them approved by the street name committee. The above street name comments have been read and approved by the followin a enc representatives of the ADA COUNTY must be secured by the representativ officially approved. ADA COUNTY STREET NAME COW Ada County Engineer Ada Planning Assoc. City of Meridian Meridian Fire District 9 9 y STREET NAME COMMITTEE. ALL of the signatures i or his designee in order for the street names to be John Priester Terri Raynor Representa Representative �ESENTATIVES OR DESIGNEES Date Date S ' Dat", at, 9 S i Date NOTE: A copy of this evaluation sheet must be presented to the Aba County Engineer at the time of signing the "final plat`, otherwise the plat will not be signed 1111 Sub Index Street Index 3N 1 E Q5 Section NUMBERING OF LOTS AND BLOCKSfes` y 17 - TOTAL P.05 DEC 12 '95 14:03 PAGE.05 JUN -19-1996 14:04 M TERLEY'S SURUEYiNG F.02 j.OAVID WNAP 0 Robert l.. Aldridge, Chartered Attorney at Law 1209 North Eighth Street Boise, Idaho 83702-4297 Telephone: (208) 336-9880 Fax: (208) 335-9882 Attorney for PNE/Edmonds BOISE ID '96 JUN 5 flM T4 I0 56- FEE -Q� 0 E GAY RECO DR EG t7 THc" REC ES F AMENDED GRANT OF TEMPORARY EASEMENT David Leader and Mary Leader, husband and wife, and Capital Christian Center, Inc., an Idaho corporation (formerly known as Capitol Christian Center, Inc.), for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby grant unto Edmonds Construction, Inc., and Pacific Northwest Electric, Inc., a temporary easement for ingress and egress upon any portion of the road described on Exhibit "A" attached hereto lying in the Southeast Quarter of the Southwest Quarter of Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. Said easement is granted by each party as to their respective portions of ownership in the road described on Exhibit "A". This temporary easement shall terminate automatically without further action by any party, upon the dedication of the public road more particularly described on Exhibit "A" attached hereto and incorporated by this reference. IN WITNESS WHEREOF, the parties have hereunto subscribed their names to this Amended Grant of Temporary Easement, DATED April 12, '1996. .r• David LeaderMary ea- • CAPITAL CHRISTIAN CENTER, INC. // Kenne G. Wilde, President ,RY EASEMENT Page 1 JUN 19 '96 14:05 PAGE.02 JUN -19-1996 14:04 TERLEY'S SURVEYING F.03 STATE OF IDAHO ) ) COUNTY OF ADA ) J On the .,t�day of June. 1996, befor�;me, the undersigned, a Notary Public in and for said State, personally appeared David Leader and Mary Leader, known to me to be the persons whose names are subscribed to the within and foregoing instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I gave hereunto affixed my official seal the day and year first above v+R&am er4� .a. sg '0,C)"'Akr �r %cl 4 STATE OF IDAHO ) ) ss. COUNTY OF ADA ) Residing at 10Z,44 Commission expires On this June , 1996, before me, a Notary Public in and for said State, personally appeared Kenneth G. Wilde, known or identified to me to be the President of Capital Christian Center, Inc., and to be the person whose name is attached to the foregoing instrument and acknowledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto placed my official hand and seal the day and year in this Certificate first above written. tw�r NotaiVPublic f r d ho Residing at o Commission expires 'T of fir► AMENDED GRANT OF TEMPORARY EASEMENT Page 2 JUN 19 '96 14:05 PAGE.03 JUN -19-1996 14:05 TEALEY'S SURUEYING P.04 .TEALETS LAND io9 South 4 -street tio,se. ►aano aj/uz SURVEYING r 3a5 -M36 Fox (208) 385-0696 jest No. 1165-2 a: December 6, 1995 •y.rIt �� a1• ► �� A 60 foot wide ingress-wgroas easement situated in the sw 1/4 of the SE 1/4 and the SE 1/4 or the SW 1/4 of section 5, T. 3N. , R.1E., B.K., Meridian, Ada County, Idaho, the boundaries of which are located 30 goat right of and 30 feet left of the following described centerline: Commencing at an iron pin marking the Northwest corner of Lot 10 Ot Block 1 of Dove Meadows Subdivision No. 1, as on file in Book 65 of Plats at Pages 6662 through 6664 in the office of the Ada County Recorder, Boise, Idaho, which point is also on the Easterly right--•of-vay boundary of North Hickory Avenue; thence along the Northerly boundary of said Dove Meadows Subdivision No. 1 South 83610.5711 wast 33.50 feat to an iron pin on a curve on the. centerline Of said North hickory Avenue which point is the QZ 1iNZ1 ; thence leaving the said Northerly boundary and running Northeastsrly 7.53 feet along the arc of a curve to the right having a radius of 175.00 feet, a central angle of 2.27154" and a long chord which bears North 18058031" East 7.53 feet to a point oz tangent; thence North 20612'28" East 280.66 feet to a point on the North boundary of the said SW 1/4 of the SE 1/4, which point bears south 89044046" East 31.92 feet from the Northwest corner of the said SW 1/4 of the SE 1/4, said point also being the ZgZNT or SND uo of the said 60 toot wide ingrass-egress easement. 05/31/86 08:05 TZ/R1 NO. 0726 P02 TOTAL P.03 TOTAL P.04 JUN 19 '96 14:06 PAGE.04 Lc� 1C -177J 14; ulj I LHLtY' S SUKVtY 11YU �'- b1 TEALEY's LAND SURVEYING 109 SOUTH 4TH STREET BOISE, IDAHO 83702 (208) 385-0636 FAX: (208) 385-0696 LJ ransmittal to: I Gary Smith - City )Engineer f= 1 887-4813 from: Ted Hutchinson date: I December 12, 1995 re: Packard Subdivision #2 pages: [includes cover sheet] r5 NOTES: see following DEC 12 '95 14:01 onr1r, JUN -19-1996 14:04 TEALEY'S SURVEYING P.01 FAX COVER SHEET TEALEY'S LAND SURVEYING 109 SOUTH 4 th STREET BOISE, IDAHO 83702 REc,EsvF-0 J U N 19 1996 CITY OF MERIDIAN TO: Shari Stiles COMPANY: City of Meridian FAX #: 887-4813 DATE: 6/19/96 TIME SENT:_ 2:05 pm NO. OF PAGES SENT (INCLUDING TRANSMITTAL): 4 REMARKS: Enclosed is the easement from Dove Meadows to Packard Subdivision IF YOU DID NOT RECEIVE ALL OF THE PAGES INDICATED ABOVE, PLEASE CALL. (208) 385-0636 FAX #(208) 385-0696 Project No_: 1290 JUN 19 '96 14:05 PAGE.01 RECEIVED APR - 8 1997 CMOFMERN Meridian, Idaho 8:3642 April 8, 1997 Meridian Planning and Zoning Commission 33 East:: Idaho AVe. Meridian, Idaho 83642 President Johnson .and Fellow Connissionors, deference is made to Para. raPh 5 on pmge2. Findings of eact Packard #2. As +a matter of information I would like to state my wife and I own approximately 20 acres which I farm and which land joins the north side and west side of proposed Packard Sub ff2. S�'.ncerely, Vern Alleman 21U1. r:. Ustick .ltd. �. 4 tieridian, Idaho 0642 JUiN 2 2 isa Chairman and nembers City Planning and /,oning Commission..��61- ME�jl SY name is Vern Alleman, k4y wife and I own land adjoining the north and west side of proposed Packard r2. We have owned and farmed this land. for 25 years. I presently fares this anu additional lana . I farmed the -brown property until this year. We have two sons who are involved in various farming activities with us. It is my intention to continue to operate as we do now. Because of the development around us, it is important to be involved in the planning process. It is in this context that 1 make reference to developing our property. This being the case I have concerns about this development. Irrigation for our property is routed through the proposed subdivision. I request any change in this system be of a size to accommodate the present supply* any changes in this system must be done well ahead of the irrigation season* also, where trlis system crosses the proposed subdivision there has to be provision for maintenance and use of same which requires right of way and access with roan holes, etc. Presently there is provision to the south and west of our property for drainage of live water when necessary, while this is not on the proposed subdivision, it is important this remain. 1 am concerned about the sewer whictl will need to cross our property. The location of the sewer is very important, It must be located so that it will properly serve our property if need be in the future. This requires engineering and planning and legal documents. `The timing of construction ana method must be done to conform to my farming operations, bpon completion it must be put back in shape for present farming and without manholes, etc. 'There is proposed a street exiting the proposed subdivision on the west and entering our property on tree east. There must not be any streets across our property for traffic or for sewer servicing until such time as our property is developed. I am concerned about the cost and fees pertaining to the sewer as it affects our property. As with the sewer, the location, etc. of streets need to be such that they will properly work with our property should it be developed. ppa •e 2 tai y Planning and boning 1 understand there is a bike path proposed, along and through our property to which T am opposed. This is not conducive or compatible to our farming due to problems with people using same and problems they create. We have livestock and our neighbors have livestock. Three of our neighbors have :had a bull on their property in the last year which presents the possibility of real danger to people using this path. 1 am concerned about the liability when there are problems along such pathwagys. Are those who mandate these pathways liable for problems that occur as a result of them being there? we will not agree to any pathway across our property. 1 am concerned about fencing between our property and proposed subdivision, kencing must be done prior to development for our protection as weal as protection of the people in the subuivision. There is also the concern about traffic problems, school needs, fire and police needs and parks. It is acknowledged there is a real need for at least park sites and 1 feel the time to address this is now. There is the problem of acquiring and maintaining these. & possible solution is impact fees. in the planning process it is important that sites for these be provided.. 1 think these need to be of a size to accoauodate sports activities. Unce again 1 express my concern that you address and solve this problem now and not come back after the fact and say you need our land because you did not act prudently now. Thank you, Vern Alleman W .E0 JUN 2 2 1995 June 21, 1995 CITY Of HERNIA' To: Meridian Planning and Zoning From: Residents of Wingate Lane Meridian, Idaho The following issues have been raised by members of the Wingate Road Maintenance Fund as concerns that we would like to have considered by this body when reviewing the Packard Subdivision zoning proposal. Wingate Lane has served the residents of the adjoining properties since the 1920s when an easement was given to the Sharp property. Maintenance and right of ways have always functioned for the land owners of those properties. In 1990, Ada County Zoning Board ruled that the Peterson property should be the last one to be allowed access on the lane for a new residence. We oppose any development that would change the status of our rural setting and impact the traffic on our road. We therefore propose that these properties be denied use of our lane other than for the existing homes on Wingate Lane. We would find it less objectionable if the Brown property could be accessed from the west and the Borup from the South without crossing Wingate Lane. We would also like to see the lane's privacy insured with fencing and berms to delineate residential from agricultural areas. If the two properties connect on Wingate Lane the following issues become concerns for lane landowners: 1. The sharp residence has always had access to Ustick. Would this access be maintained? 2. If the access to Ustick is maintained for Sharps, what would be the liability of the property owners if someone without access rights was involved in an accident while on the lane. 3. How could we control use of the lane if it were left open to a public street? Human nature being what it is, people would use the short cut for northbound access (gravel or no gravel). 4. How would we keep subdivision occupants out of pastures and ditches? 5. How would this development impact irrigation water from the south? 6. Does the current plan have access to Ustick, Locust Grove or Eagle Road? How does this fit into the Master Plan for this area? 7. We are also concerned that schools are full in this area. 8. Will these properties require the city to be saddled with another high-priced sewer lift station? 9. What about the high water table of the area? Thank you for listening to the concerns of Wingate landowners as presented at this time. U 0_� __J ' , - y Yr� w 4 *J/ wT L _% %. Q27d0 /I/ C�„► u�c ,L,,, I RECEIVED November 12 , 19 9 5 N 0 V 13 1995 CITY OF MERIli1A1 WINGATE LANE RESIDENCES WOULD LIKE THE FOLLOWING ISSUES ADDRESSED FOR FUTURE DEVELOPMENT OF A SUBDIVISION ALONG WINGATE LANE: 1. Inst.allat.ion of a gate on the. ea.Lt and west. side -f Wingate lane be completed prior to the start of the subdivision. The gate will be of sufficient qualitv to discourage outside automobile and foot traffic. When the two remaining five acre parcels on the south end of Wingate lane are developed, Wingate Lane will be qated at the North end of the road. Those two parcels will use public roads for access. Wingate Lane will dead end prior to the start of those two developed properties. '. Details of the irrigation system need to be established. How will the cnirrent land owner_- rec:ei=Te t.lseir irrigation water both during construction and vhen the system is pressurized? 3. The site plans need to include brumes along Dixie Roberts property and also along Peterson's property. 4. Ve would like to review a copy of the covenants for the development on Wingate Lane. Issues to be addressed in the covenants are homeowners dumping over their fence and onto Wingate Lane and having gates t.1iat. .ac:ces= Wingate Lane. S. Access by Wingate Lane residents will not be impeded by work on the sever across the lane and other construction activities. h. Construction vehicles will not use Wingate. Lane dura iq the development of the subdivision. To: Meridian Planning and Zoning Commission 6/20/95 Re: Packard Sub No. 2, PNE/Edmunds Application Gentlemen: We are residents living immediately adjacent to this proposed project. We compliment the developer for providing larger size lots in that portion of their plan that abuts our property. However, we have the following concerns and suggestions for your consideration: 1. Redesign the easterly portion to prevent Wingate Lane from being used by just anyone. This is a private lane and should be reserved for those residents already living there. Installation of a limited use barrier/gate at the developers expense might be an answer. 2. Erection of a fence between the subdivision and Carol Sub to the east to prevent construction debris from blowing onto our property. 3. Complete hydrology studies now being considered and recommended by the City's Public Works Dept. There are numerous shallow wells in our area ( ours is 88') and nearby city residents to the west in already established subdivisions are on record as complaining about poor water pressure. This application should be denied or at the very least be tabled until the City of Meridian is certain no adverse effect on the water quality and supply will result from this development. There has been no effort on the part of the developer to contact residents adjacent to this planned subdivision to explain their full intentions. This is a policy suggested for all developers in the county and in the City. Therefore, we request that you deny or table the application for Packard Sub No. 2 for the reasons stated. There is nothing in it for the City of Meridian except more strain on an already stressed infrastructure. Since ely, ` son & Virgini . Johnso 1083 N. Justin Place Meridian, Id 83642 1 MHLC T " 5 SUMVt T i M,7 \h 0N1A3AtlI1B Q/Y ,31r3j 'uN Ni11.In1uMf1S W(ry.7ra T4 au t�sd .t;�rwwsTQ:ta n ddZW s ri � 't Y 4 O � } N �Y u 11=u .` .�; rQ] •9y ¢ VW� _1 a •j�c ' v � al �l21i 111n.'�IV Wllteu qz.eV , r N I I I,. •N _ ` � ') x " "r � tr� /� �j1Ik—� , p Tp •� '7'� I -i-�'j', 1 •1 _- {.I 4 •4: •'':. `(s j ' 'VIN "�C p .S �' ri? y i // •\ ' • any3A IV �1 I � y • � it � 1 �f. I � •\) �`S•i, I x ��7 "F16 �!-�.lf+��.aP�T'i�7 2-4 • � s. I \ � _ .i !�+�1 - v n t I 1+' p �. Y . ii •� � rs _a = .I i I J✓ � '" c1..aY = i:a Y . fs p .� .Yn � � p V �' ,v •a � � - sk Imo. .ten.. •c_ I y g• �_ • • q -fro. , b a s SY �1 ��. Y .s �� w»���� 1 a � •�iFi d �•e ^�.�1 1, ►r.�iox:.oN f171 C w .� .y i' •t 4 ,� �Tlc Y 1 i \;-re \`r� ..�- s `w ',•+t - I+ —•�- 'i � � I u � x OCT 27 '95 10:47 TOTAL P.02 PAnF AD 02/09/1994 12:50 2088871680 B PAGE 02 1059 Justin Place Meridian, ID 83642 March 10, 1997 Anna Doty Meridian city Hall 33 E. Idaho St. Meridian, ID 83642 p&CEiVED MAR 1 0 1997 (QTY OF MERIDIAN Re: PNE/Edmonds Construction proposed annexing, zoning and preliminary plat hearing scheduled for March 11, 1997. Dear Ms. Doty, Since I cannot be at the meeting, I wish to have this letter entered into testimony. I insist that the developer be required to provide perimeter fencing of the solid, six feet high type around the entire project. Also the open ditch(es) that cross or border the project will have to be tiled and covered. Further, I feel that specific limits on the times that noise- and dust -making machinery are allowed to be in operation should be made part of the approval, if granted. Si ely, nis Hrockwa MAR 10 '97 08:20 2088871680 PAGE.02 02/09/1994 12:50 2088871680 B Avery juicy fax. N U PI Date: '7- ap �� pages to follow: / -- /L��i'�i'� From: Comments: �,,¢Ie ow& Dee eroakway, FAX 2"487-1680 K you do not receive all of these pages, please call 208-887-1390. PAGE 01 MAR 10 '97 08:19 2086871680 PAGE.01 Mar -10-97 09:33A Dr Doom ZO8 887 3666 P_01 1131 JUSTIN PLACE MERIDIAN, OHO 83642-5717 AAS �.. )0�-97 l� .ma c �v� �s_ Qt ., c ► 'L �; s,i/ 1 —14, w t��-t%�� ..�::u ��,�C.. �"✓a ..fin.. a.P��-r�c..� 2. r cell . .... A A n eAr4,e�, �a�.�. �-�e.a.� a•�"�..v ,.k.a.�v,�-...�1� cu-a�-t.�"c�l uth.�n .� t-2,CA 1� C7�t7LAV-I, ckl�-"f-j ZA-.k UC4, - V I.. MAR 10 '97 09:3e 208 687 3666 PAGE. 01 ADMITTED TO PRACTICE IDAHO LAW OFFICE OF TEXAS KENNETH O. KREIS ILLINOIS PROFESSIONAL ASSOCIATION P.O. BOX 4811 BOISE, IDAHO 83711 Helen and Dale Sharp 2445 Wingate Lane Meridian, Idaho 83642 Dear Mr. and Mrs. Sharp: 6901 EMERALD, SUITE 207 BOISE, IDAHO 83704-8660 October 18, 1995 TEL: (208) 322-5530 FAX: (208) 322-5540 RECEIVED Irv131995 Of Of mtli otv' RE: Review of Private Road Agreement Dated June 13, 1913 I have had the opportunity to review the Private Road Agreement identified as Instrument Number 49375 dated June 13, 1913 concerning that certain private road bordering your property situated in Meridian, Idaho and legally described in the attached true and correct copy of said Private Road Agreement. Upon review of said document, and after conducting some research at the Idaho State Law Library, I have made an assessment as to the validity of said Agreement and the legal ramifications of construction of a road across the private road herein for the purposes of building and expanding a subdivision utilizing said crossroad. Initially, I would indicate the Private Road Agreement on its face appears to be a valid legal contract binding all the parties who executed said Agreement. The legal question arises as to the binding effect of said Agreement on successors in interest inasmuch as this Agreement was executed over 80 years ago. The Agreement lacks a clause in which the parties agree to bind themselves, their successors and assigns so that it has an inherent weakness in reference to the failure to include such a provision in the Agreement when drafted in 1913. However, even acknowledging such limitation, it appears that the practical effect of the Agreement, the continuing consistent interpretation placed upon the Private Road Agreement by the parties and their successors in interest and the continued use of said road by the parties bordering said road would likely signify that all parties to the Agreement and their successors in interest effectively recognize the existence of an easement by necessity for use of the private road even assuming that the court were to declare the Private Road Agreement not binding or enforceable against any current lot owner bordering said private road. In essence, an easement by necessity arises wherein part of a tract is conveyed as a result of a severance of a portion of the tract, and the part conveyed or retained is deprived of legal access to a public road. The proof of an easement by necessity requires a unity of ownership Helen and Dale Sharp October 18, 1995 Page 2 prior to division of the land, a necessity for the easement at the time of the severance and a great present necessity to continue the easement therein. It appears from my understanding of the facts that all of these elements are satisfied by the situation involving the private road in question so that even if the Private Road Agreement was not enforceable, you would have the legal right to enforce an easement by necessity and/or other alternative easement rights in court. The establishment of a crossroad which effectively divides your private road by actions of one of the adjacent property owners for purposes of developing the Packard Subdivision would conceivably constitute a violation of the easement and entitle you to seek injunctive relief in court inasmuch as such action would greatly overburden the existing easement and would also violate the intent of the Private Road Agreement in any respect. In reference to the issue as to whether or not the private road could be construed as a public road, it appears evident that there is no statutory basis pursuant to Idaho Code Section 40-202, and relevant Idaho case law, including Cox v. Cox 84 Idaho 513,373 P2nd 929 (1962), to support the idea that the proposed crossroad to be built across the private road would in any way satisfy the test for being a public road so that unless the County or Highway District undertook some affirmative action to declare the road a public road and/or record same as a public road in compliance with said statute, your private road would remain a private road and you would retain the right to enforce same in court. Based upon the facts as represented to me, it appears that there is no satisfaction of statutory criteria to declare the private road a public road in any respect under the current factual situation. As such, it appears that you would have valid legal grounds upon which to bring a legal action against the developer or any other adjacent land owner who attempts to build a road crossing your existing private road for purposes of building a subdivision which would significantly expand the use and/or interference with your easement and/or Private Road Agreement. Furthermore, I believe that you would have a very good chance of prevailing in court and obtaining injunctive relief against said developer or parties. I hope that this brief assessment assists you in your review and consideration of this matter and the course of action that you intend to take herein. Sincerely, Kenneth O. Kreis KOK/tb MAR March 8, 1997 To: Meridian Planning and Zoning From: Residents of Wingate Lane Meridian, Idaho The following issues have been raised by residents who reside on Wingate Road as concerns that we would like to have considered when reviewing the Packard Subdivision zoning proposal at your meeting on March 11 m. Wingate Lane has served the residents of the adjoining properties since July 9,1913 when a private road agreement, Instrument Number 49375, was subscribed and signed before a notary public. This document established an easement for the Sharp property and has continued to provide right of ways for the homeowners living on the lane. In 1990, Ada County Zoning Board ruled that the Peterson property should be the last new residence to be allowed access on the lane. Ada County Planning and Zoning addressed concerns of Wingate Lane residents when declaring that no more egress to new homes would be allowed due to heavy traffic on a private lane while considering a proposed home site on property owned by the Holladays. That lot was ruled to have access only off Ustick, not Wingate Lane. We question if the selling off of the two existing homes and their respective lots on the Brown and Kirkpatrick properties were legal. Isn't that illegal subdividing when no subdivision has been approved. Since 1994, we have opposed any development that would change the status of our rural setting and impact the traffic on our road. We have attended endless Planning and Zoning and Ada County Highway meetings to defend our land and our rural way of life. We now resubmit our proposal that the properties of Packard Subdivision be denied any use of our lane and ask for denial of annexation of this property. Should Packard Subdivision be approved, we would like to have our privacy insured by the following requirements: 1. Berms and fencing around the subdivision. 2. A gate across the Nampa -Meridian Easement, 3. Any work on irrigation laterals be completed in the irrigation off-season (October - April). Irrigation rights will be maintained and not interrupted for homeowners of Wingate Lane. 4. Gates wherever public roads stub up to Wingate Lane to be erected immediately upon the commencement of work on the subdivision. These gates will be of sufficient quality to discourage outside automobile and foot traffic. 5. No access on Wingate Lane for construction workers and/or their equipment. 6. Access for residents will not be impeded by work on sewer or other construction. 7. We would like assurance that covenants of Packard Subdivision will prohibit the dumping of refuse and grass clippings over their fences onto Wingate Lane. 2 L" ';7 ADMITTED TO PRACTICE LAW OFFICE TEL: (208) 322-5530 IDAHO OF FAX: (208) 322-5540 TEXAS KENNETH O. KREIS ILLINOIS PROFESSIONAL ASSOCIATION P.O. BOX 4811 BOISE, IDAHO 83711 6901 EMERALD, SUITE 207 BOISE, IDAHO 83704-8660 October 18, 1995 Helen and Dale Sharp 2445 Wingate Lane Meridian, Idaho 83642 RE: Review of Private Road Agreement Dated June 13, 1913 Dear Mr. and Mrs. Sharp: I have had the opportunity to review the Private Road Agreement identified as Instrument Number 49375 dated June 13, 1913 concerning that certain private road bordering your property situated in Meridian, Idaho and legally described in the attached true and correct copy of said Private Road Agreement. Upon review of said document, and after conducting some research at the Idaho State Law Library, I have made an assessment as to the validity of said Agreement and the legal ramifications of construction of a road across the private road herein for the purposes of building and expanding a subdivision utilizing said crossroad. Initially, I would indicate the Private Road Agreement on its face appears to be a valid legal contract binding all the parties who executed said Agreement. The legal question arises as to the binding effect of said Agreement on successors in interest inasmuch as this Agreement was executed over 80 years ago. The Agreement lacks a clause in which the parties agree to bind themselves, their successors and assigns so that it has an inherent weakness in reference to the failure to include such a provision in the Agreement when drafted in 1913. However, even acknowledging such limitation, it appears that the practical effect of the Agreement, the continuing consistent interpretation placed upon the Private Road Agreement by the parties and their successors in interest and the continued use of said road by the parties bordering said road would likely signify that all parties to the Agreement and their successors in interest effectively recognize the existence of an easement by necessity for use of the private road even as umin that the court were to declare the Private Road Agreement not binding or enforceable against any current lot owner bordering said private road. In essence, an easement by necessity arises wherein part of a tract is conveyed as a result of a severance of a portion of the tract, and the part conveyed or retained is deprived of legal access to a public road. The proof of an easement by necessity requires a unity of ownership Helen and Dale Sharp October 18, 1995 Page 2 prior to division of the land, a necessity for the easement at the time of the severance and a great present necessity to continue the easement therein. It appears from my understanding of the facts that all of these elements are satisfied by the situation involving the private road in question so that even if the Private Road Agreement was not enforceable, you would have the legal right to enforce an easement by necessity and/or other alternative easement rights in court. The establishment of a crossroad which effectively divides your private road by actions of one of the adjacent property owners for purposes of developing the Packard Subdivision would conceivably constitute a violation of the easement and entitle you to seek injunctive relief in court inasmuch as such action would greatly overburden the existing easement and would also violate the intent of the Private Road A#reement in any respect. In reference to the issue as to whether or not the private road could be construed as a public road, it appears evident that there is no statutory basis pursuant to Idaho Code Section 40-202, and relevant Idaho case law, including Cox v. Cox 84 Idaho 513,373 P2nd 929 (1962), to support the idea that the proposed crossroad to be built across the private road would in any way satisfy the test for being a public road so that unless the County or Highway District undertook some affirmative action to declare the road a public road and/or record same as a public road in compliance with said statute, your private road would remain a private road and you would retain the right to enforce same in court. Based upon the facts as represented to me, it appears that there is no satisfaction of statutory criteria to declare the private road a public road in any respect under the current factual situation. As such, it appears that you would have valid legal grounds upon which to bring a legal action against the developer or any other adjacent land owner who attempts to build a road crossing your existing private road for purposes of building a subdivision which would significantly expand the use and/or interference with your easement and/or Private Road Agreement. Furthermore, I believe that you would have a very good chance of prevailing in court and obtaining injunctive relief against said developer or parties. I hope that this brief assessment assists you in your review and consideration of this matter and the course of action that you intend to take herein. Sincerely, (0. Kenneth O. Kreis KOK/tb M pockY�e...�w•�ewRf Lnl•w.'1M .-...t..ry T!•rtT1=.....�y.�.._..�.r ,. t;30 � � _ V Or..�...„�.6,WbO..i >iJLSY daG ... .,.... ..-�.LtyY:1_.. � ._.moi+•:..L-l_.�.... .. InstrumorA Nur•:ber 49875. !•A;•."anont h;+ i 'Cynthia Aldrich et a1 vr�rreKrrererrreer&egave Private road a.�reeront. This ASL-.cnt :►im bar and.{ b�kL aryl b1t.ween the parties hereto AS rollofar t.o—tjtt; Whereas vo Syr:hia Alarich by ?red Arians, Iiarry.L.Yost, C.F:.Ven Auker, L.A.iAsaiean, h.A. Nahla, b9'-n� ot4l0rs of•%1 a several tracts of lane+ •;onstitutin;; anal bovieriny )n tre oast lint o, the FAst halt )f the North 'Wort quartor of roction 5 Towmhlp 3 Yorth of RarQo 1 Fast of Boi cl uerid.ani enrl b3 ciosirbas-.o; opentn, and maintainini G privpre res.c+ alor.- the said ling baain.^.=cY a' the public lil ►- ray f onning too north line of maid meotion S, a.:V runnin; sous i alonj the said Fant line or the said F- of the NW -4 of saki Sao. 5 beirc the half &eotior. lino, to ;.:ye South -:sat corror of the said IrFF of said ioction 5, the mp.id road to to 15 'eot in ;ridth. Now t:ero: ore we the urrlermittnarl r:o i horeby &Zreo %n anri with each other and bind ours•31ves and our mucensmors as owm” of tro several traota abuttin;; on the sairi halt section .lino, that wo will open Fn1 r..tntairf a priva*." roaA 151,h feet :n ..1,1th, the 'half sectior lire corotitutind tho east ino of ti,.n s -.1d rood, that the ,airi roar{ shall be for/t1,6 ame of all of the 0ti4mrs of the sairl tro-:ts with equkl ri:itm'as to the use of tho same, in •11itrp • r1-rnreof we have hornynto -tot our hands and afri:oed our sec is thio 12th day of .lune, 1913., Harry.L.Yost C.f.Van Auker %rnt•hip. Alirich b; Frnd Ada:rs. H.-J.Uahla I.. A.:,exison i qub*cr11*d in z:V Frosence and sworn to bn"oru me by C.K.Van Auker thin 13th day or June 1913.0 Edwarri ;its in, (seal) Notary Publi,. 1 , Subsori bad in presenia aM mwornto bor oro me by Farry.I,.Yost, Fred Aslan H.J. f l!ahla and L.A.lAwison thin 9th day of July 1;1-13., • R. C. Pf arr le . (Seal) tlotary Public. Racordod at thm request of Harry Yomt at 2:25 p.m. .Tiny 25t.h, 1913 Fye 601.., March 10, 1997 Planning and Zoning Commission City of Meridian RE: Packard Subdivision #2 Public Hearing Hearing March 11, 1997 To Whom It May Concern: I Floyd F. Reichert, reside at 2575 Wingate N. Lane, would like to go on record that I and my wife Kathy are in favor of the development of the Brown and Borup properties into Packard Subdivision #2. We would like the developers to fence the perimeters of the development before construction is started. Also irrigation water (supply and waste) from Nampa Meridian Irrigation District be tiled 100% back to the lateral. We would ask that the public street running east and west adjoining our property line to the east (called E. Meadowgrass street on the preliminary plat) be developed 100% to the property line with us being able to access the public right of way without disruption. Also the pubic street running east and west to the north of our property line (called E. Challis Street on the preliminary plat) adjoining ours with two (2) access. One being N. Devlin Ave on preliminary plat and the other at the northeast corner of our property where Wingate Lane crosses E. Challis with a 50' or approved width that Ada County Highway District will accept in the future. With these two accesses developed 100% to the property line with us being able to access the public right of way without disruption. We would like the developer to install curb and sidewalk on the east side of Wingate Lane between E. Challis and E. Meadowgrass. We ask for these considerations of the developers to protect the value of our property and home and also to provide future development of our property with the communities best interest with access roads for smooth flowing traffic through the adjoining subdivisions. We will not be in town on the date of this meeting but are very much concerned and would like an opportunity to hear others testimony and express our concerns. Thank -you for our consideration. Floy F. Rei ert WOW-, W fD �f.•'�ry �` L iC 1 ,� 1m"2 1 9b65 9�6� IOM: i^ 1551t- 12, 4f Zvi r _ 30 1 � 1 �Id14RP „_ r t eracr 1 - --- Vie.'``'<: � OY !4` �_ •�s. .. ,.� fi {s 1 I ,• U� , 12, 93 • 373P�4 > P k24 s. , f AM& ism i ' =.MATCH LINE 'SHEET .! ..= From (208) 887-1561 Anna Doty Meridian City Hall 33 E. Idaho St. Meridian, ID 83642 to 8874813 at 03/11/97 12:03a Pg 001/00' March 10, 1997 Scarr's MAN1107 Justin Place Meridian, ID 83642 Ph: (208)887-0933 .9 y o RE: PNEJEdmonds Construction Application for annexation, zoning change, and Preliminary Plat approval for Packard Subdivision No. 2 Dear Ms. Doty; I wish to offer the following as testimony for the public hearing to be held March 11, 1997. I have three concerns about the approval the Packard Subdivision No. 2. First, there is the irrigation ditch that parallels the my adjoining property line. This ditch has been problem in past years, primarily due to lack of maintenance. I request the provisions be stipulated for it s enclosure. Second, I request that a stipulation be included which will require that a solid six to eight foot high privacy fence be constructed around the perimeter of the subdivision prior to completion of the first dwelling. Finally, I request that stipulations be included that restrict exterior building, grading, paving, and landscaping activities to the hours between 8:OOam and 6:OOpm, Monday through Saturday ( no work on Sunday). Sincerly; Richard A. Scarr MAR 11 '97 00:10 C208)887-1561 PAGE.01 MERIDIAN PLANNING & ZONING COMMISSION MEETING: February 11 1997 APPLICANT: PNE/EDMONDS CONSTRUCTION AGENDA ITEM NUMBER:__.L& & 2 REQUEST: ANNEXATION20NING/PRELIMINAR(PLAT FOR PACKARD SUBDIVISION NO.2 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: COMMENTS cl d f -r -L- �4 /11 ADA COUNTY STREET NAME COMMITTEE CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Id - it ^^K A All Materials presented at public meetings shall become property of the City of Meridian. VE RN ALI - EMAN, PH WIERUJIftiN, !D kMQ