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Staten Park Subdivision PP 00-027^"ITY CLERK FILE CHECKLIST File No. PP 00-027 Project Name: Staten Park Subdivision phone: 463-0333 Contact Name: Reese Leavitt Date Received from Planning and Zoning Department: Planning and Zoning Level: O 0 51 F0 Notes: Transmittals to agencies and others: Notice to newspaper with publish dates: Certifieds to property owners: December 15, 2000 Hearing Date: January 18, 2001 December 19, 2000 29 -Dec -00 and 12 -Jan -01 December 29, 2000 ❑Deny Planning and Zoning Commission Recommendation: LJ Approve City Council Level: Hearing Date: Fe.Zv,2oD Transmittals to agencies and others: h �� Notice to newspaper with publish dates: 2(Z and 2(( b ❑ Certifieds to property owners: ❑ City Council Action: ❑ Approve ❑ Deny ❑ Findings / Conclusions / Order received from attorney on: Findings / Conclusions / Order: ❑ Approved by Council: _ ❑ Copies Disbursed: ❑ Findings Recorded Development Agreement: ❑ Sent for signatures: ❑ Signed by all parties: ❑ Approved by Council: ❑ Recorded: ❑ Copies Disbursed: Ordinance No. ❑ Approved by Council: Resolution No. ❑ Recorded: Deadline: 10 days ❑ Published in newspaper: _ ❑ Copies Disbursed: Notes: Resolutions: Original Res / Copy Cert: Minutebook Copy Res / Copy Cert: City Clerk City Engineer City Planner City Attorney Sterling Codifiers Project File Copy Res / Original Cad: Ada County (CPAs) Applicant (cion -CPAs) Recorded Ordinances: Original: Minutebook Copies to: City Clerk State Tax Comm. State Treasurer, Auditor, Assessor Sterling Codifiers City Attorney City Engineer City Planner Project file Applicant (it appl.) Findings / Orders: Original: Minutebook Copies to: Applicant Project file City Engineer City Planner City Attorney "• Record Vacation Findings "• Recorded Development Agreernents: OriginatFireproof File Copies to:Apphcant Project file City Engineer City Planner City Attorney MAYOR HUB OF TREASURE VALLEY Robert D. Corrie A Good Place to Live CITY COUNCIL MEMBERS CITY OF MERIDIAN LEGAL DEPARTMENT (208) 288-2499 • Fax Ron Anderson 288-2501 Keith Bird Tammy 33 EAST IDAHO MERIDIAN, IDAHO 83642 PUBLIC WORKS BUILDING DEPARTMENT deWeerd Cherie McCandless (208) 888-4433 • Fax (208) 887-4813 (208) 887-2211 • Fax 887-1297 City Clerk Office Fax (208) 888-4218 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT WITH THE CITY OF MERIDIAN PROJECTS To insure that your comments and recommendations will be considered by the Meridian and Zoning Commission, please submit your comments and recommendations to MeridianFanning Attn: Will Berg City Clerk, by: City Hall T Janua ransmMal Date: December 18, ng Date 2000 Heari File No.: PP 00-027 Request: A Preliminary Plat of 24 blui .J ed R-4 Zone for Leavitt and Associates Location of Property or Project: Sally Norton, P/Z Bill Nary, P/Z Jerry Centers, PIZ Richard Hatcher, P/Z Keith Borup, PIZ Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department 2001 January 18, 2001 lots and 5 other lots on 8.1 C. 5 acres in a Staten Park Subdivision ineerin Black Cat Road and Ustick Road Your Concise Remarks: Fire Department Police Department City Attorney City Engineer City Planner Parks Department (Residential Applications only) Gen - 26 PP/FP/PFP - 30 AZ - 27 Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department q. Floodplain b, dary as determined by FEMA or measurk boundar .r. jameEndthiEs Stub streets to provide access to adjacent undeveloped land or e roadways; block lengths do not exceed 1,0001. S. Cul-de-sac len hs not in excess of 450'. Vol 6. A statement as to whether or not a variance will be requested with respect to any provision of the ordinance describing the particular provision, the variance and the reason therefore. V-11requested, 7. A statement of develo ment features. 8. A map of the entire area scheduled for development if the proposed subdivision is a portion of a larger holding intended for subsequent development. (Scale optional) 9. One (1) copy of a vicinity map showing a minimum 1/2 -mile radius from exterior boundaries of plat, including land use and existing zoning of proposed subdivision and adjacent land (scale optional) 10. One (1) 8 ''/i" x 11" copy of thepreliminary lat 11. One (1) copy of a 1"=300' scale map on 8 %i" x 11" paper indicating all adjacent development and/or lots of record within 300' of any boundary of the proposed development, with the layout of the proposed development in bold outline. 12. A statement of traffic impact on existing adjacent roadways and intersections. 13. A statement regarding the pre -application meeting - dates of meeting, and staff resent. 14. One (1) set of conceptual engineering lans, including respective profiles. 15. A list of the mailing addresses of all property owners within three hundred feet (300') of the external boundaries of the land being considered. This list must be obtained from the City of Meridian Planning & Zoning Department. Please r uest list seven days prior to submitting application. 16. Fee in the amount of $300.00 + $10.00/Lot (includes total number of buildable, common and landscape lots), plus mailings @ $0.33 per mailing x 2 (two public hearings = two mailin ) 17. Proposed restrictive covenants and/or deed restrictions. 18. A site report for establishment of the highest seasonal groundwater elevation. 19. A signed affidavit stating that the property will be posted 1 week before the public hearing. Posting must contain name of applicant, description of the plat, and time and date of public hearing. Official notices are available at City Hall or the Planning & Zoning Department. 20. After the property has been posted the applicant shall deliver to the Zoning Administrator a notarized statement that he has posted the property and the date the posting was placed. 21. Other Information as Requested by Administrator, City Engineer, Planning & Zoning Commission, or City Council. Rev. 101'26,100 CITY OF MERIDIAN Planning & Zoning Departmei,, F1 L 200 E. Carlton Avenue, Suite 201, Meridian, ID 83642 (208) 884-5533 Phone / (208) 888-6854 Fax REQUEST FOR SUBDIVISION APPROVAL o PRELLNIINARY PLAT (RE: Meridian Subdivision Ordinance — 12-3-1 thru 12-3-6) 'A, 0 0- N . --_RAL INFORMATION 1. Name of annexation� subdivision: 2. Address, general location �9 of site: Rr 3. Owner(s) of record: >T�cwjC r,�rrF� . Au � I(ST1Ck_ Address:_-" 7 G S i�F. /�i�, �,, „ , _ T L,�vr lrT Telephone: Fax: 4. Applicant: - E-mail: 5. Te�hone(c'`Y) Q r - i �c, c Fax: (,—v,,) Engineer:_GLFr 1E,a1. ,7T- Address:-// rdress:// / Telephone: L 6. Name and address to 3 c Fax:4�, 3 - /i��p E-mail- � rrr in lr,V cN. Al F_ T receive C' s- N C Address Ce3l 41 N p m' billing ame:� � E r , 6 UL, � ,, , �, _Al r ,+; rZ�acCy u \ 111TH , ,?itD4 % l Telephone:_(zUL)Ycv1 - - PRELIMINARY PLAT FEATURES I. Acres:_ �,', j r 2. Number of building lots:_ 3. Number of other lots: 4. Gross density per acre:. S5 5. Net density per acre:_ S 6. Zoning District(s): Existing:_ t t Proposed:_ E' y 7. Does the plat border a potential green belt or pathway?_ 8. Have recreational easements been provided for?_ yr 9. Are there proposed recreational amenities to the Crty? V�5 Explain p .4 '+J�t� TC rt�r�T t OFni (tDtN�anJ F _ 10. Are there proposed dedications of common areas?_ y `5 Explain , '- G r r Y -r."- r. rn_ [ vrri mots TffE /fGrz�� r r+1�AIC��r For future parks? Ea plain /�T 11. What school(s) service agreements for fiture schclol sites"1. wExplain;. Do you propose any 12. Are there any other proposed amenities to the City?�dL2Explain -------------- 13. Type of building (residential, commercial, industrial, office or combination): 14. Type of dwelling(s) (single family,i 1"i duplexes, multiplexes, other): �; ,� i ` ;' 1 Rev. 10/26100 City of Meridian PRELIMINARY PLAT Application Checklist (Incomplete applications will not be processed) Applicant: •Afeoo Submittal Date: Project/Subdivision: ,� �cp,✓(� Application Completion Date: j/ (57/ oa Hearing Date: L / 1 /,Do, P&Z/CC For Ofj`ice Use Only Rev. 10'26'00 Completed and signed preliminary plat application form. Submit thirty (30) 1. copies of the completed preliminary plat application form.. 2.- Proof of title of said owner(warranty deed). 3. Notarized consent from titled owner of property. (If owner is a corporation, we need a copy of the Articles of Incorporation or other evidence to show that the person signing is an authorized representative). 4. Legal description (metes & bounds) of subject property. 5. Thirty (30) folded copies of the preliminary plat (dimensions of not less than 24" x 36") drawn to a scale of not less than 1" = 100'. The preliminary plat shall include: a. Proposed subdivision name b. Drafting date C. Section location in county d. North arrow e. Scale f. Name, address and phone number of owner(s), applicant, and engineer, Surveyor or planner who prepared the preliminary plat ✓ g. Statement of intended use of the proposed subdivision (i.e. residential, commercial, industrial) h. Proposed sites for parks, playgrounds, schools, churches or other public uses i. Streets, street names, rights-of-way and roadway widths, including adjoining streets or roadways Lot lines and blocks showing scaled dimensions and numbers of each k. Legend of symbols 1. Minimum residential house size M. Contour lines shown at 5' intervals where land slope is greater than 10% and at 2' intervals where land slope is 10% or less, referenced to an established benchmark, including location and elevation. n. Any proposed or existing utilities, including, but not limited to, storm and sanitary sewers, irrigation laterals, ditches, drainage, bridges, culverts, water mains, fire hydrants, streetlights, pressurized irrigation and their respective profiles. o. Any dedications to the public and/or easements together with a statement of location, dimensions and purposes of such. p. Master street drainage plan including method of disposal and approval from the affected drainage district. Rev. 10'26'00 15. Proposed deve— ment features: a. Minimum square footage of lot(s): b. Minimum square footage of structure(s): C. Are garages provided for? Square footage: d. Has landscaping been provided for? Describe: 1_4N P ; c 4 r i ty e. Are sprinkler systems pro,,ided for? f. Are there multiple units? f! Type: Remarks: g. Are there special set back requirements? i1V . Explain: h. Value range of property: O 0 L Type of financing for developme . C0N5TR U 4,1-1 aA) L.4,44 j. Were protective covenants submitted? �'E5 Date: 1 /3G1%-',D 16. Does the proposal land lock other property? `_', Does it create Enclaves? X1/0, STATEMENTS OF COMPLIANCE 1. Streets, curbs, gutters and sidewalks are to be constrwted 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 includes all appropriate easements. 6. Street names do not conflict with City grid system 7. All items noted on the preliminary plat checklist have been completed. I have read the information contained herein and certify the information is true and correct and that this plat is in compliance with the above statements. Signature of Applicant Rev. 1012600 EXHIBIT A Description of. Parcel 2 Date: November 20, 2000 Page 1 of 1 pages PARCEL 2, as shown on Record of survey No. 4892, recorded as Instrument No. 97101984 in the Ada County Recorder's office, being a parcel of land in Government Lot 4 of Section 3, UN., R.1 W., B.M.,Ada county, Idaho, being more particularly described as follows: Commencing at the northwest corner of said Section 3, in the intersection of Ustick Road and Black Cat Road; thence, 5.89°10'38"E., 1314.32 feet (5.89°53"E., 1320.0 feet per previous deed) along the north line of said Section (centerline of Ustick Road) to the northeast corner of said Government Lot 4 and the POINT OF BEGINNING; thence, 5.00033'02"W. (S.0008"W), 834.98 feet along the east line of said Lot 4 to a point in the centerline of Eight Mile Lateral of the Ridenbaugh canal; thence, along said centerline the following courses: N.49045'05"W., 57.26 feet; thence N.57020'47"W., 192.74 feet; thence, N.54035'00"W., 126.50 feet; thence, N.63059'23"W., 202.17 feet; thence, N.60005'49"W., 48.03 feet to a point; thence, leaving said centerline, N.00033'02"E., 515.75 feet to a point on the north line of said Section 3 (centerline of Ustick Road); thence continuing, N.00033'02"E., 25.00 feet to a point on the north right of way of Ustick Road; thence, S.89010'38"E., 535.54 feet along said right of way to a point; thence, 5.00033'02"W., 25.00 feet to the POINT OF BEGINNING. said Parcel 2 containing 8.46 acres of land, more or less, and being subject to the right of way of said Ustick Road and the easement for said Eight Mile Lateral. �L LAV Prepared by: Raymond A. Scott, PLS 8578, of Leavitt & Associates c�S �c,�STER 9, Engineers, Inc., from the abovementioned Record Q of Survey No. 4892, and not from an actual survey . made by Leavitt & Associates Engineers, Inc. Foxil . WARRANTY DEED ,440 For Value Received WANM L. DAVISON AILD VER11A 1I. DAVISON (husband and wife) the grantors , do hereby grant, bargain, sell and convey unto STEWART M. TERRY AND NONA R. TEPA (husband and wife) the grantee s, the following described premises, to -wit:.,__ ADA_ ...................................... County Idaho, to wit: Commencing at the NW corner of Section 33 Towhship 3 North, Ranges 1 West Boise Meridian, Ada County, Idahp, thence South 00711' West, to a point in west boundary of said Section 3, 65.0 feet; THE REAL PLACE OF BEGINIIING: thence North 00141 East, 65.0 feet to NW'corner of said Section 31 thence South 890531 East, 1320.0 feet; thence South 00681 West to a point in center line of live irrigation ditch, the FIGHT MILE LATERAL OF RIDENBAT,IGH CA'iIA.L, a part of Nampa -Meridian Irrigation District's System; thence Northwesterly along centerline of said Eight -Mile Lateral throughout all it's various courses to the REAL ]'LACE OF BEGINUING. Containing 13.7812 acres, more or less. Subject to the Southerly half of right-of-way of Ustick Road and to the Easterly half of Right-of-way of Black Cat Road, together with all annurtenanaesF thereto. TO RAVE AND TO 11OLD the said premises, with their appurtenances unto the said Grantee 8, their heirs and assigns forever. And the said Grantor s do hereby covenant to and with the said Grantees, that t hey are the owner sin fee simple of said premises; that said premises are free from all incumbrances Except property taxes for 1972 and that t hey will warrant and defend the same from all lawful claims whatsoever. Dated: Anril 2l1, 1972 STATE: OF IDAHO, COUNTY OF ADA on this 211th. day of Anril '19 72, before me, a notary public in and for said State, personally appeared,p Yiontp 7{;.fif6fin and Verna M. Davison �a Yxge ) knowq to me to b`iLUe jt_t•'kon s who 3e name s are subscr'rbedntU $r -.•ittdq��lnstrument, and acknowledged to me that. th y executed the same. Notary Public Residing at Boise , Idaho Comm. Expires 1-17-73 STATE: OF IDAHO, COUNTY OF I hereby certify that this instrument was filed for record at the request of LdahO Title Co. at _7_'6 minutes past o'clock/}m., this xG 4e day or , 1972— im my office, and duly recorded in B of Deeds at page CLARENCL A. PLANTING Ex -Officio RecorderBy pvtp. Fees i�-(<-c.,; crr�`-!✓ �3 �� Mail to: 1717 �L�✓mt?N�;�/J cTi 80/16-7OAlio z r_ a z c IN3TRUMIDNT No. 8003529 QUITCLAIM DEED 491 1082 For Value Received STEWART MILES TERRY and NONA RACHAEL TERRY, husband and wife, do hereby convey, release; remise and.forever quit claim - unto STEWART MILES TERRY; and`.NONA BAC14AEL TERRY, husband and wife, as Trustees under that certain Revocable .Inter Vivos Trust dated January /Y , 1980, under which Grantors are Trustors, the following described premises, to -wit: Commencing at the NW corner of Section 3, "Township 3 North, Range 1 West Boise -Meridian, Ada County, Idaho; thence South 0014' West, to a point in West boundary of said Section 3, _65.0 feet; THE REAL PLACE OF BEGINNING; thence North 0°141 East, 65, 0 feet to NW corner of 'said Section 3; thence South 89'053' East, 1320.0 feet thence South 0008' �`- West to a point in center line of live irrigation ditch, the EIGHT MILE LATERAL OF RIDENBAUGH CANAL, a part of Nampa -Meridian Irrigation D'istrict's System; thence Northwesterly along centerline of said Eight - Mile Lateral throughout all its various courses to the REAL PLACE OF BEGINNING. Containing -13. 7812 acres, more or less. Subject to the Southerly 'half of right-of- way of Ustick Road and to the Easterly half of right- of-way of Black Cat Road, together with all appurtenances thereto. Grantees' Address: 4625 W. Ustick Rd. Meridian, ID 83642 together with their appurtenances. Dated: January 1980. STATE OF IDAHO, COTTNTY OF ADA ' On this day of January . 19 80• before me, a notary public in and for said State, personally app" Stewart Miles. Terry and ��+• iT �::.�� #f�i• 'i'i:�#rg-�, �iii$4Fi9 ,kno to,.mi to be'th ;is=g' mho Be name g are . substiecL•ti;at�.Pjihip4nstrument, and acknowledged to Yne4et�. - thCey `. executed the same. ,'��•' -•. p ..�tNotary Public .. �'t! iiesiLlgfltr Boise Idaho i;omth: Expires x.,200 -A ,Qul4iaim-Deed (IBA) STATE OF IDAHO, COUNTY I hereby certify that this irstrumen a filed for record the request at `y minutes pant 9 C19CK/tyyy., this oE=% day of to my aifrrr, and dale record of Deeds at page JOHN BASIMA E Officio ec�6 r lIY �vY Deputy. Fees Mail to: Printed end for sale by Brme-York CumO•nr. Bold 970„989 BOISE (D Wt"C 0 S`� '97 JUL'J 8 P(i 9 O1 FEE L "�� RECOF,:E i.1 „�r..;!EST OF FOR VALUE RECEIVED, Stewart Miles Terry, Jr., as the sole Trustee of that certain Revocable Inter Vivos Trust dated June 18, 1980 whereunder Stewart Miles Terry and Nona Rachael Terry, husband and wife, were Trustors which Trust was registered in the District Court of the Fourth Judicial District of the State of Idaho, in and for the County of Ada, June 3, 1986 and under which the original Trustees were Stewart Miles Terry and Nona Rachael Terry, both of whom are now deceased, and Stewart Miles Terry, Jr. having been appointed Trustee of said Trust by Order dated June 3, 1986 signed by Patricia G. Young, Judge, in that certain proceedings then pending in the District Court of the Fourth Judicial District of the State of Idaho, in and for the County of Ada entitled "In the Matter of the Stewart Miles Terry and Nona Rachael Terry Revocable Inter Vivos Trust dated January 18, 1980", a copy of said Order being attached hereto, Grantor, does hereby convey, release, remise and forever quitclaim all of the right, title and interest of said Trust and of the Trustees therein in and to the following described real property unto `Stewart Miles Terry, Jr. and Verla Terry, husband and wife,V whose current address is 3709 Pasadena Dr., Boise, Idaho 83705, Grantees, the following described real property located in Ada County, Idaho, more particularly described as follows, to -wit: Quitclaim Deed - Page 1 Commencing at the NW corner of Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; thence South 0014' West, to a point in West boundary of said Section 3, 65.0 feet; the real place of beginning; thence North 0°14' East, 65.0 feet to NW Corner of said Section 3; thence South 89°53' East, 1320.0 feet; thence South 0°08' West to a point in centerline of Live Irrigation Ditch, the Eight Mile Lateral of Ridenbaugh Canal, a part of Nampa -Meridian Irrigation District's System; thence Northwesterly along centerline of said Eight - Mile Lateral throughout all its various courses to the real place of beginning. 4' Containing 13.7812 acres, more or less. Subject to the Southerly half of right-of- way of Ustick Road and to the Easterly half of right-of-way of Black Cat Road, together with all appurtenances thereto. DATED this day of July, 1997. Stewart Miles Terry, Jr. Trustee of that certain Revocable Inter Vivos Trust dated January 18, 1980 whereunder Stewart Miles Tent' and Nona Rachael Teary are Trustors STATE OF IDAHO ) ss. County of Ada ) On this 9 day of July, 1997, before me, the undersigned, a Notary Public in and for said state, personally appeared Stewart Miles Terry, Jr., known to me to be the person whose name is subscribed to the within instrument as Trustee of that certain Revocable Inter Vivos Trust dated January 18, 1980 whereunder Stewart Miles Terry and Nona Rachael Terry are Trustors, and acknowledged to me that he executed the same as such Trustee of said trust. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal tay and year first above written. .• Notary Public f (r Idaho Residing at Idaho is AL)t� ,�; : My Commission Expires: ` : �� Qui,'1aim Deed -Page 2 CRAIG MARCUS MARCUS, MERRICK & MONTGOMERY Attorneys at Law 737 North 7th Street Boise, Idaho 83702-5595 Telephone: (208) 342-3563 COPY X0. FILED *AI —_P.* JUN 31 JOHN BASTIDA, Cie* 4 P@GOY GATES DEPUTY IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA In the Matter of.the Stewart ) Civil No. Miles Terry and Nona Rachael ) Terry Revocable Inter Vivos ) O R D E R Trust dated January 18, 1980 ) The Petition of Stewart Miles Terry, the Trustee of the above Trust, for appointment of Stewart Miles Terry, Jr. as co - trustee of the above described Trust having come on duly for hearing before the above entitled Court and the Court being fully advised in the premises, NOW, THEREFORE, it is hereby ORDERED as follows: 1. Stewart Miles Terry is the only interested person entitled to notice of these proceedings and has waived in writing further notice of proceeding upon Petition for Appointment of Co -Trustee. 2. Stewart Miles Terry is the Trustee of the above described Trust. The Trustees named in the Trust instrument of the above entitled Trust are Stewart Miles Terry. and Nona Rachael Terry and Nona Rachael Terry has become deceased following execu- ORDER - Pg. 1 06/86 mrs tion of the Trust instrument of the above described Trust. 3. It is appropriate for convenient administration of the above entitled Trust to appoint Stewart Miles Terry, Jr. as co -trustee of the above entitled Trust. 9. It is hereby ordered and this does order that Stewart Miles Terry, Jr. be and he hereby is appointed co -trustee of the above entitled Trust and that the Trustees of the above entitled Trust are Stewart Miles Terry and Stewart Miles Terry, Jr. and that if either ceases to be Trustee of the above entitled Trust because of resignation, death or removal, the surviving Trustee shall administer and distribute the assets of said Trust in accordance with the terms and provisions of the trust instrument of said Trust. Dated this 3 day of June, 1986. PATRICIA G. YOUNG Judge ORDER - Pg. 2 06/86 mrs 12/1/2000 CITY OF MERIDIAN ENGINEERING DEPARTMENT 200 E. Carlton, Suite 100 Meridian, ID 83642 Attention Bruce A. Freckleton RE: Owners Statement of consent A portion of government lot 4 of section 3, 73N, R I W, BM. Meridian, Ada County Idaho I Verla Terry, consent to the development of my land. -7�'7" 1 , � - L - , 'r-1 7 ,. Verla Terry On this J. day 0000Tefore me Junelle Ceibel the undersigned a Notary Public in and for said State, Personally appeared Verla Terry, whose name is subscribed to the with in instrument, and acknowledged to me that he executed the same. Notary Pub is My commission expires on UG abed `INV Ib: l G 00- G-oap `"06CM0a !8833NION3 831VIOOSSV V 11IAV31 8 juag 11/30/2000 CITY OF MERIDIAN ENGINEERING DEPARTMENT 200 E. Carlton, Suite 100 Meridian, ID 83642 Attention Bruce A. Freckleton RE: Owners Statement of Consent A portion of government lot 4 of section 3, T3N, R1 W, BM. Meridian, Ada County Idaho I Stewart Miles Terry, Jr., consent to the development of my land. o- Stewart Miles Terry, Jr. On this' day 0420&] 90-0 before me Junelle Geibel the undersigned a Notary Public in and for said State, Personally appeared Stewart Miles Terry, Jr., whose name is subscribed to the with in instrument, and acknowledged to me that he executed the same. \ see I I I I ###toa LE GEI •••. .•` Notary Public O T A R �- My commission expires on G UBL1 �•'•rE O F 1D *#'0" �. .... ...... .w.....:. a.:..�:......�....�..w..a _.. l..R:� . ...._._ ..11. w:Lru.d.<tilbi "'.'.,�.."�::..� LEAVITT & ASSOCIATES ENGINEERS, INC. Structural - Civil - Materials Handling - Planners - Surveyors 11/30/2000 CITY OF MERIDIAN ENGINEERING DEPARTMENT 200 E. Carlton, Suite 100 Meridian, ID 83642 Attention Bruce A. Freckleton RE: Statement of intended use of Staten Park Subdivision, waver request, Development Features & Traffic Impact Study. A portion of government lot 4 of section 3, T3N, R1 W, BM. Meridian, Ada County Idaho Staten Park Subdivision is intended to be developed into single-family residential building lots We would like to ask for a waver to not tile the Eight Mile Lateral. We are planning to have a walking path that runs the length of the lateral. It is also our understanding that the adjacent subdivisions are not planning to tile the lateral as well. The development features we are proposing a walking path along the Eight Mile Lateral, a landscaping strip along Ustic Road that meets the current City of Meridian requirements and common spaces developed as parks that meet the new City of Meridian Ordinance. All roadways will be improved to meet Ada County Highway Districts Standards. The subdivision will add an estimated 240 vehicle trips per day to Ustic and surrounding roads Sincerely Leavitt & Associates Engineers, Inc. Kurt Smith, E.I.T. cc: File 11 - Thirteenth Ave. South, Suite A - Nampa, ID 83651 - 208 / 463-0333 - Fax 208 / 463-9040 NOV-21-00 TUE 11:41 AM refer to Vie fl -000 INSURANCE RATE MAP EPFE""'E DAT! shown this mao to dctorrninc wticn actUar4f rates : to -truclures in ones wher6 alevetions or daCtns nave poen esubftrti o Oetermina it hood insurance in available, contact an in ijrance agent or .all tnc Natonal flood Insurance Program aI 18001636-6820. L&] APPROXIMATE SCALE IN FEET 500 0 500 4 NATIONAL FLOOD INSURANCE PROGRAM FIRM f100D INSURANCE RATE MAP ADA COUNTY, IDAHO AND INCORPORATED AREAS PANEL 139 OF 815 (SEE MAP INDEX FOR PANELS NOT PRINTED) CONTAINS: COMMUNRY NUMBER PANEL SLIFFIX MEAM". Cfrf OF temp em G ADA COUN Y, uMNCORPORATEO AREAS *wI M39 G MAP NUMBER 16001CO139 G EFFECTIVE DATE: SEPTEMBER 21,1999 Federal Emergency Management Agency NOV-21-00 TUE 11:41 0 P. 02 I I ANEL 3250 ZONE X 3 y � /'1 r I �NN W �O z Lilt, LLJ L.., a V L ffm 0 = .. N- 5120] — s12U223459 I ]+26U23. I 112C]i2].60 e° w e°'o yew 9 8 °' � ' g ; r � € ti raa2oataaloro ..._ I __. �. �— �YiIB�BN g 10� tee°ID 'P t 3ti 1 iRos]fuooio a R9v99.au / at � � � � IRNNRNI —� � �mm 4; �. I, q / / RosJ96Az R95]96}OSOd GRAPEW Da" .1 �1 ] inch 900 m 1 ♦- 1 eiSil R05]96.O+UOI 1 6fo � \ 1 NSJ9as00] � IF R05]9U � p 5� ' � ROSJ96.0090' i ROJ]54'OI9° 14 R°5�a•` `/~� F'I 1 iI i 39 12 1 R55]96.oCB0 � a R� 1 � Ras I 105]9 .00 � 1 � Ro5Jf6iU \, 51 J96.CCSG .� x__36. CSS�y ;� f0R95]96a00]0' / v95J9U9J1 1 s le ' �RCS]96.0 � 1� •11 'i05]95.. �:� � ��.• .-�' 705!96}0l1� i 1 ` f1 •11°519U0J ' i 1 1 1 1 a1°� t aosJ9 so 1 al 99Jssato]e6 I„a 5+2932JJU0 �a190 '5g61p5 I13 E 1 1 3] .. GIYS2-. 9 �� ROSJ9a20]90 .4 iao 9nmaa. to � �• ,a„ \ e I NO9»N )0 ■F9]fNU �� to 1 I 1• i 1\ 1 I l0 ROJ]YF.O2 � I vovfazo.+ � ... .. _ .. .. ... .... :... ... .....�. \.i .t _.�.. ....r.:�........W,....Ku.w.i.eua..�._n;.e..a......'._:..�._,._.J..._i.�.....wu.�J�.A..a..a.ati.u'Wsi 4+�ikw.:_a LEAVITT & ASSOCIATES ENGINEERS, INC. Structural - Civil - Materials Handling - Planners - Surveyors 11/30/2000 CITY OF MERIDIAN ENGINEERING DEPARTMENT 200 E. Carlton, Suite 100 Meridian, ID 83642 Attention Bruce A. Freckleton RE: Site report for Staten Park Subdivision A portion of government lot 4 of section 3, T3N, RI W, BM. Meridian, Ada County Idaho Leavitt & Associates Engineers, Inc. has performed a site evaluation to determine soil type and ground water elevation for Staten Park Subdivision. Three test holes were dug and soil profiles recorded on November 22 2000. Water was encountered in test holes one (1) and two (2) at elevation 38.20and at 36.10 respectively. Test hole one is located in the area we are planning to detain storm water. Elevation 38.20 will be used to design the storm drain facilities in accordance with The Catalog of Storm Water Best Management Practices For Idaho Cities and Counties and the current storm drain policy of the city of meridian. Sincerely Leavitt & Associates Engineers, Inc. Kurt Smith, E.I.T. cc: File 11- Thirteenth Ave. South, Suite A - Nampa, ID 83651- 208 / 463-0333 - Fax 208 / 463-9040 C\J M O � N N rl-) d- 07 CO I- 00 0') I I I I I I I I I I I I W J J O m O U � � = C) C) < Z O < Cl) Cn W J m m O U = Z Q C) (n U _ W J m Q 0' W Q z _O n U CT: C O O N N Q Q W O V W w co() m z m O O — U Q = U_ w p � Q U (n J_ O O C/') � p LL- W_ w LL- � z z =� _J < Q O Cf) U) LJ J O V) Cn 1— w O V) k LEAVITT & ASSOCIATES ENGINEERS, INC. Structural - Civil - Materials Handling - Planners - Surveyors 11/30/2000 CITY OF MERIDIAN ENGINEERING DEPARTMENT 200 E. Carlton, Suite 100 Meridian, ID 83642 Attention Bruce A. Freckleton RE: Affidavit for Staten Park Subdivision in a portion of government lot 4 of section 3, T3N, R1 W, BM. Meridian, Ada County Idaho Staten Park Subdivision will be posted 1 (one) week before the scheduled public hearing. Daniel D'Alessio D'Alessio Building Development o Building Development 11- Thirteenth Ave. South, Suite A - Nampa, ID 83651- 208 / 463-0333 - Fax 208 / 463-9040 CITY OF MERIDIAN "Hub of Treasure Valley' 33 E. Idaho Meridian, Idaho 83642 888-4433 Order No. Date Z- I —co Name Address Phone: SOLD 3Y 61F C.O.D. CHARGE ON ACCT. MDSE. RETO. PAID OUT Y � � b CI A"�n fiv n 5 Zo I - 12-1 �� I I I I I I I All claims and returned goods MUST be accompanied by this bill. TAX 0 012 416 Received By TOTAL GS -202-2 PRINTED WITH„yQ� PRINTED IN U.S.A. � SOYINK <r�l R'-ww FN,i/ r-: o{ � Phone: SOLD BY CA717- C.O.D. VtT CHARGE ON ACCT. MDSE. RETD. m U) ^ rn w U) 11 J A O — z IU 29 , D C 2 v N © Cl) mmC) o� �— FD 0 (n *? 5 v �D(0rn t X33 x Z com . -2— En r C: O m w z rn, ( z 0 d S N A V t VO O O A � O � V� w U d O r Y > � t.l All All claims and returned goods MUST be accompanied by this bill. TAX ---, 0 012 413 Byceived D7 s i�� T 1-. CITY OF MERIDIAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888-4433 Order No. fDate if/ Odd ress Phone: SOLD BY CA717- C.O.D. VtT CHARGE ON ACCT. MDSE. RETD. PAID OUT I I I d_ 29 , I t X33 x Z . -2— All All claims and returned goods MUST be accompanied by this bill. TAX ---, 0 012 413 Byceived TOTALC s i�� GS -202-2 PRINTED IN U.S.A. � PNINTEO WITN p ��/ SOYINK, ��pnFL ,Je"` oy: 208 888 6854; Nov -17-00 10:26AM; Page 2/3 QUf?N;GER EUGENF, & QULN7.ER ARDYCE L 4020 N BTACK CAT RD MI�.RIDIAN ID 83642-0000 3680 N< BLACK CAT RD JOHNSON C FRANK & JEA:N E TRST JOHNSON C F & J E CO -TRUSTEES 4010 Vii USTICK RD MERIDIAN ID 83642-5483 W USTICK RD MILL4R. ROSS E & LORI L 6970 USTICK RD BOISE ID 83704-0000 4625 V USTICK RD TERRY STEWART MILES JR & VERLA 3709 PASADENA DR BOIS8 ID 83705-4651 4625 W USTZC:K RD STEn4FR Louis J 554 E BELLEVUE RD STE B ATWAETER CA 95301-2300 W USTICK RD N BI.A4CK CAT RD W MOON LAKE DR WILKINS JOHN A & WILKNS RUTH E 3764 W USTICK RD MERIDIAN ID 83642-5430 W USTICK RD SORENSEN MICHAEL G & KAREN L 3150 N BIACK CAT RD MERIDIAN ID 83642-5355 N BLACK CAT RD GESET.T.T,'. (JIARLES S & GESELLE DAWN 4630 W MOON LAKEE, DR MERIDIAN Ill 83642-0000 BOGENREIF GARY 1. 4604 W MOON LAKE DR MERIDIAN ID 83642-0000 ALLSBROOK ALLEN S & ALLSBROOK DEBORAH M 4588 W MOON LAKE DR MERIDIAN ID 83642-0000 RICE GARY B & RICE AMY C 4575 MOON LAKE DR MERIDIAN ID 83642-0000 MERIDIAN CITY 33 E IDAHO AVE MERIDIAN ID 83642-2631 N BLACK CAT RD Sent Py: 208 888 6854; Nov -17-00 10:27AM; Page 3/3 sy��, 1� � � 71i. 4-41 FRELUM NARY DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF PARK SUBDIVISION THIS DECLARATION is made on the date hereinafter set forth by D' Alessio Building & Development, Inc. WITNESSETH WHEREAS, Declarant is the owner of certain real property in Ada County, State of Idaho, hereinafter referred to as "the Property," more particularly described as follows: 5 -E -c. -ie n PARK SUBDIVISION, according to the official plat to be submitted for approval WHEREAS, Declarant desires to subject the above described Properties to certain protective convenants, conditions, restrictions, reservations, easements, liens, and charges for the benefit of the Properties and their present and subsequent Owners as hereinafter specified, and will convey the Properties subject thereto; NOW, THEREFORE, Declarant hereby declares that all of the Properties above described shall be held, sold and conveyed upon and subject to the easements, conditions, covenants, restrictions and reservations hereinafter set forth, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness oC and which shall run with the Properties and be binding on all parties now or hereafter having any right, title or interest therein or to any part hereof, and shall inure to the benefit of each owner thereof. ARTICLE I: DEFINITIONS The following terms shall have the following meanings: Section 1. "ASSOCIATION' shall mean and refer to WESTERLY PARK SUBDIVISION, a non-profit corporation organized under the laws of the State of Idaho, its successors and assigns. Section 2. "PROPERTIES" shall mean and refer to that certain real property herein above described. Section 3. "COMMON AREA" shall mean all real property and improvements thereon (including private streets, drives, parking areas and recreational facilities) owned by the Association for the common use and enjoyment of the Owners. The Common Areas to be owned by the Association at the time of the conveyance of the first Lot is described as follows To be determined Section 4. "LOT" or " LOTS" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties, with the exception of the Common Areas. Section 5. "OWNER' shall mean and refer to the record owner, whether one or more persons or entitles, of the fee simple title to any Lot which is part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 6. "DECLARANT" shall mean and refer to D'Alessio Building & Development, Inc., its successors, and subject to the provisions of Article XIV, Section 4 below, it assigns. Section 7. "DECLARATION' shall mean and refer to the Declaration of Covenants, Conditions and Restrictions applicable to the Properties recorded in the office of the County Recorder of Ada County, State of Idaho. Section 8. "DWELLING UNIT' shall mean that portion of part of any structure intended to be occupied by one family as a dwelling unit, together with the vehicular parking garage next thereto, and all projections therefrom. Section 9. "MORTGAGE" shall mean any mortgage, deed of trust or other security instrument by which a Dwelling Unit or any part thereof is encumbered. Section 10. "MORTGAGEE" shall mean any person or any successor to the interest of such person named as the mortgagee, trust beneficiary or creditor under any mortgage, as mortgage is defined in Section 9 Section 11. "FIRST MORTGAGEE" shall mean any Mortgagee, as defined in Section 10, possessing a lien on any Dwelling Unit first and prior to any other Mortgage, as that term is defined in Section 8. Section 12. "INSTITUTIONAL HOLDER" shall mean a Mortgagee which is a bank or savings and loan association or established mortgage company, or other entity chartered under federal or state laws, any corporation or insurance company, or any federal or state agency. Section 13. "PLAT" shall mean a final subdivision plat covering any real property in Westerly Park Subdivision as recorded in the office of the county recorder, Ada County, Idaho, as the same may be amended by duly recorded amendments thereto. ARTICLE 11: PROPERTY RIGHTS Section 1. Enjoyment of Common Area: Each Owner shall have a right and easement of enjoyment in and to the Common Area, and such easement shall be appurtenant to and shall pass with the title to every Lot, subject, however, to the following provisions: A. The right of the Association to levy reasonable assessments for the maintenance of any landscaping improvement or other facilities situated upon the Common Area. B. The right of the Association to suspend the voting rights and right to use of the recreational facilities by an Owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations. C. The right of the Association to limit the number of members Permitted to use the Common Area. D. The right of the Association to charge reasonable admission fees for the use of any recreational facility situated upon the Common Area or otherwise controlled by the Association, including, particularly, the right to charge a special use fee for members who desire exclusive short-term use of such facility- and who are willing to pay a special fee or assessment for such use. E. The rights or the Association, in accordance with its Articles and Bylaws, to borrow money for the purpose of improving the Common Area and Facilities; and, in aid thereof, to place a mortgage or trust deed thereon, which shall be a first and prior lien there against, provided that the Common Area may not be mortgaged or conveyed without the consent of at least 66-2i3% of the Owners (excluding Declarant), and that any conveyance or mortgage of Common Area shall be subject to and subordinate to right or ingress and egress of an Owner to his/her Lot. F. The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the members; provided however, that except as to the Association's right to grant easements for utilities and similar or related purposes, no part of the Common Area and facilities may be alienated, released, transferred, hypothecated or otherwise encumbered without the written approval of all First Mortgagees and two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly held for this purpose. G. The right of the Directors of the Association to promulgate reasonable rales and regulations governing such right or use, from time to time, in the interest of securing maximum safe usage of the Common Area by the members of the Association without unduly infringing upon the privacy or enjoyment of the Owner or occupant of any part of said property, including without being limited thereto, rules restricting persons under or over designated ages from using certain portions of the Common Area during certain times and reasonable regulations and restrictions regarding vehicle parking. Section 2. Delegation of Use: Any member ay delegate, in accordance with the rules and regulations adopted from time to time by the directors, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants or contract purchasers, provided they reside on the property at the time of use. ARTICLE III: HOMEOWNERS ASSOCIATION Section 1. Membership: Every Owner of a Lot which is subject to assessment shall be a member of the Association. The foregoing is not intended to include persons or entitles who hold an interest merely as security for the payment of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. Such ownership shall be the sole qualification for membership and shall automatically commence upon a person becoming such Owner and shall automatically terminate and lapse when such ownership in said property shall terminate or be transferred. Absolute liability is not A imposed on Ownersimember for damage to Common Areas or Lots in the subdivision. Section 2. Voting Rights: The Association shall have two classes of voting membership: Class A: Class A members shall be all Owners, with exception of Declarant, and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot. Fractional votes shall bot be allowed. The vote applicable to any said Lot being sold under contract of purchase shall be exercised by the contract seller, unless the contract expressly provides otherwise. Class B: Class B Member(s) shall be Declarant and shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs first: A. When the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership; or B. On December 31, 2010. Section 3. Assessments: A. Creation of Lien and Personal Obligation of Assessments: Each owner of any Lot, by acceptance of a deed thereof ( whether or not it shall be so expressed in such deed), is deemed to covenant and agree to pay to the Association: Regular annual or other regular periodic assessments or charges; and 2. Special assessments for capital improvements, such assessments to be fixed, established and collected from time to time as hereinafter provided. The regular and special assessments, together with interest, costs of collection and reasonable attorney's fees shall be a charge on the Lot and shall be a continuing lien upon the Lot against which such assessment is made. Each such assessment, together with interest, costs of collection and reasonable attorney's fees, shall also be the personal obligation of the Owner of such Lot at the time when the assessment fell due. The obligation shall remain a lien on the Lot until paid or foreclosed, but shall not be a persona obligation of successors in title, unless expressly assumed. B. Purpose of Assessments: The assessments levied by the Association shall be used for the purpose of promoting the recreation, health, safety and welfare of the residents in the Properties, for the operation, maintenance, repair and improvement of the Common Areas and facilities located thereon, for the reasonable expenses incurred in the operation of the affairs of the Association, for the expenses incurred by the Association in connection with any of its obligations contained in this Declaration or in the Bylaws of the Association, and for any other purpose reasonably authorized by the Directors of the Association. C. Maximum Annual Assessment: Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximun annual assessment shall be $150.00. 1. From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased each year not more than ten percent (100/6), or the maximun percentage increase allowable by Federal National Mortgage Association (whichever is greater), above the maximum assessment as set forth above. 2. From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased above the amount set forth in the preceding paragraph by a vote of two-thirds (2/3) of the votes f each class of members who are voting in person or by proxy at a meeting duly called for this purpose. 3. The Board of Directors of the Association may fix the annual assessment at an amount not in excess of the maximum; and said assessments shall be payable to the Association in regular monthly or quarterly installments as may be determined by the Board of Directors. D Lnitiation Assessment: Upon the initial conveyance of each Iot, the purchaser thereof shall pay an initiation assessment in the amount of $200.00 E. Special Assessments for Capital Improvements: In addition to the regular assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the 4 purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement or a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. Any such special assessment shall be payable over such a period as the Association shall determine. F. Notice and Quorum for Any Action Authorized Under Sections 3C and 3E: Written notice of any meeting called for the purpose of taking any action authorized under Section 3C or 3E, above, shall be sent to all members not less than thirty (30) days nor more than sixty (60%) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. if the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one —half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. G. Uniform rate of Assessment: Both annual and special assessments must be fixed at a uniform rate for non-exempt Lots. H. Date of Commencement of Annual Assessments- Due Date: The annual assessments provided for herein shall commence as to a Lot sold on the first day of the month following the initial conveyance of the said Lot. The firs annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors of the Association shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. Et%ct of Nonpayment of Assessments Remedies of Association: Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of twelve percent (12%) per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot. J. Subordination of the Lien to Mortga: The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. K. Exempt Property: The following property, subject to this Declaration, shall be exempt from the assessments created herein: I. All property expressly dedicated to an accepted by a Local public authority; 2. The Common Area; 3, Al I other Properties owned by Declarant of the Association; 4. All Lots owned by Declarant, until title is transferred to another, or until occupancy, whichever occurs first. ARTICLE IV. IRRIGATION WATER SLIPPY SYSTEM Section 1. Irrigation Water Supply: Each Lot shall have access to an Irrigation Water Supply System to be constructed by Declarant and owned and operated by the Nampa Meridian Irrigation District. All Owners to which the system has been extended shall be required to pay any assessment therefore levied by Nampa Meridian Irrigation District. Section 2. Easement For Irrigation Water Supply System: Declarant and the Nampa Meridian Irrigation District shall have a permanent easement for the construction, maintenance and repair of the irrigation water supply system and related wells, pumps, pipes, and any other conveyancing apparatus in the utility easement areas as are depicted on the Plat, togheter with the right of ingress to and egress from the easement premises over and across the privately owned property of Owners to perform maintenance upon the well, pump, pipes and other conveyancing apparatus comprising the irrigation water ,supply system together with all rights necessary for the full and complete use, occupation and enjoyment of the easements hereby reseryed, and all rights and privileges incident thereto, including the right form time to time to cut, trim and remove trees, brush, overhanging branches and other obstructions which may injure or interfere with the use, occupation or enjoyment or the reserved easement. ARTICLE V. EASEti1ENTS Section 1. Future Easements: The Association shall have the future right to f its Common Area as provide for such easements across, upon and under the surface o platted herein as r^ be reasonably necessary to serve the' erests and convenience of the property Owners of this subdivision for public or private ways, public utilities (including cable television), drainage, access, subterranean irrigation lines, eave and balcony overhangs. Section 2. Encroachments: In the event that, by reason of the construction, settlement or shifting of the building, any part of any Dwelling Unit or drainage water from any Lot or Dwelling Unit encroaches or shall hereafter encroach upon any part of the Common Area or any adjacent Lot, easements for the maintenance of such encroachment and for such use of the areas encroached upon are hereby established and shall exist for the benefit of said Dwelling Unit, so long as all or any part of the buildings shall remain standing; provided, however, that in no event shall a valid easement for any encroachment or use of the Common Area or adjacent Swelling Units be created in favor of any Owner of such encroachment or use if it is detrimental to or interferes with the reasonable use and enjoyment of the property by other Owners and if it occurred due to the willful conduct of any Owner. Section 3. Easement for Maintenance: Declarant and the Association shall have a permanent easement to go upon the privately owned property of Owners in this subdivision to perform maintenance upon the Properties and the Common Area, including, but not limited to, snow removal, landscape maintenance, utility service and drainage system maintenance, subterranean irrigation water system maintenance and perimeter fence maintenance, together with all rights or ingress and egress necessary for the full and complete use, occupation and enjoyment of the easements hereby reserved, and all rights and privileges incident thereto, including the right from time to time to cut, trim and remove trees, brush, overhanging branches and other obstructions which may injure or interfere with the use, occupation or enjoyment of there reserved easement and the operation, maintenance and repair of utility service connections and drainage systems. ARTICLE VI: MAR4TENANCE RESPONSIBIL1TY The Association shall provide maintenance to and be responsible for the Common Areas and improvement thereon. In the event the need for maintenance or repair is caused through the willful or negligent act of an Owner, his family, guests or invitees, the costs of such maintenance or repairs shall be added to and become part of the assessment to which such Owner's Lot is subject. Each Owner shall be responsible for maintaining and keeping in good order and repair the exterior of his Dwelling Unit and any private decks, fences (if permitted as herein provided), courtyards, landscaping and lawn contiguous to his Dwelling Unit, except any perimeter fence which may be constructed around the Properties, the maintenance of which shall be done by the Association. The Association reserves an easement for ingress, egress and maintenance as may be reasonably necessary to perform the maintenance duties of the Association. In the event of damage or destruction of a Dwelling Unit by fire or other casualty, the owner must complete repair and/or replacement of the Dwelling Unit within one hundred -twenty (120) days of the damaf4e or destruction Us- ARTICLE VII: PROPERTY USE RESTRICIONS The following restrictions shall be applicable to the Properties and shall be for the benefit of and limitations upon all present and future Owners of said property, or of any interest therein: A. Lot Use: No Lot, with the exception of the Common Are shall be used except for single-family residential purpose. No Lot or the Common Area shall be used for the conduct of any trade, business or professional activity. All Lots and improvements constructed thereon must comply with all applicable governmental rules, ordinances, laws, statutes and regulations. The Owner of each Lot shall complete construction of a Dwelling Unit as permitted herein within one (1) year after the date of the first conveyance of the Lot to an Owner by Declarant. B. Animals: No animals, livestock or poultry of any kind shall be raised, bred or kept on any part of said Properties, except that two dogs, cats or other household pets may be kept within a Dwelling Unit or within a fenced area as may be approved by the Architectural Control Committee. Any animals outside a Dwelling Unit or fenced area must be on leashes, and the Owner or custodian of the animal shall be responsible for the immediate cleanup of the animals droppings. The term "fenced area" as used in this paragraph shall be interpreted to include any electronic pet containment system, provided, however, that the boundary of any such system shall be approved by the Architectural Control Committee pursuant to the provisions of Article VIII below and that in no event shall the said boundary extend beyond the front plane of the Dwelling Unit constructed on said Lot. C. Garbage and Refuse Disposal: No part of said Properties shall be used or maintained as a dumping ground for rubbish, trash or other waste. No garbage, trash or other waste shall be dept or maintained on any part of said Properties except in a sanitary container. Any incinerators or other equipment for the storage or disposal of such material must not violate setback restriction, must be enclosed with an aesthetic screen of fence, as may be approved by the Architectural Control Committee and shall be kept in a clean and sanitary condition. D. Nuisance: No noxious or offensive or unsightly conditions shall be permitted upon any part of said Properties, not shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. No exposed antennae or satellite dishes shall be erected on the Properties without the prior approval of the Architectural Control Committee, which approval may be withheld in its sole descretion. to E. Outbuildings: No trailer, truck camper, tent, garage, barn, shack or other outbuilding shall at any time be used as a residence temporarily or permanently on any part of said Properties. F. Parking and Storage of Vehicles and Equipment: Parking of boats, trailer, motorcycles, trucks, truck campers, motor homes, recreational vehicles, and like equipment, or junk cars or other unsightly vehicles, shall not be allowed on any Lot nor on the Common Area, except in fully enclosed buildings or screened from view from the street fronting the lot in a manner approved in writing by the Architectural Control Committee. Notwithstanding the foregoing, any boat, camper, trailer or recreational vehicle which is in good repair and working order which is not in excess of 8' wide, 27' long, or 10' high, may be stored on the side yard of a lot between the front and rear yard setbacks if screened by a 6' fence as has been approved by the Architectural Control Committee as provided in paragraph J, below. All other parking or storage of any other equipment shall be prohibited, except as approved in writing by the Board of Directors of the Association. Any vehicle awaiting repair or being repaired shall be removed from the subdivision within 48 hours. G. Sight Distance at intersection. No fence, wall, hedge or shrub planing which obstruct sight lines at elevations between three feet (3') and eight feet (8') above the roadways shall be placed or permitted to remain on any corner Lot within the triangular area formed by the street property lines and a line connecting them at points 30 feet from the intersection of the street lines, or in the case of a rounded property corner, from the intersection of the street property lines extended. The same sight -line limitations shall apply on any Lot within ten feet (10') from the intersection of a street property line with the edge of a driveway or alley pavement. H. Leasing Restrictions: Any lease (as defined below) between an Owner and his tenant shall provide that the terms of the lease shall be subject in all respect to the provisions contained in this Declaration, the Association's Articles of Incorporation and its Bylaws, and that anv failure by said tenant to comply with the terms of such documents shall be a default under such lease. For the purposes of this Declaration, a "lease" shall mean any agreement for the leasing or rental of a Dwelling Unit (including a month-to-month rental agreement); and all such Leases shall be in writing. Other than the foregoing, there is no restriction on the rij4ht of any Owner to lease his Dwelling Unit. I. Sewer Restrictions: All bathrooms, sink and toilet facilities shall be located inside the Dwelling Unit or other suitable appurtenant building, and shall be connected by underground pipe to wet line sewer connection lines which have been provided to each Lot. EM J. Fences: Fences, including fences around swimming pools, dog runs or other uses, may be permitted under such circumstances, if any, as may be prescribed by and in the sole discretion of the Architectural Control Committee. K. Parkim- Rights: Subject to the provisions of paragraph F. above, any automobile or other vehicle used by any Owner shall be parked in the driveway or garage which is a part of his Dwelling Unit. L. Mail Boxes: All mail boxes shall be of consistent design, material and coloration and shall be located on or adjoining building Lot lines and places designated by Declarant or the Architectural Control Committee. ARTICLE VIII. BUILDING RESTRICTIONS Section 1, Building Restrictions: With the exception of Common Area Lots, no buildings shall be erected, altered, placed or permitted to remain on any Lot other than one (1) detached single-family dwelling which may not exceed thirty-five feet (35') in height, and a private garage for two (2) or more motor vehicles. Each dwelling unit may not be occupied by more than one (1) family. The minimum square footage of living space (excluding the garage) of each dwelling unit shall be 1450 square feet. Section 2. Setbacks: No improvement may be constructed or maintained on a Lot within the minimum building setbacks lines as set forth on the Plat. Section 3. Construction Rgquirements: Each Dwelling Unit may have wood or vinyl siding (redwood, cedar or spruce which may be stained or painted) or a combination of wood, stone, manufactured or synthetic stone, stucco, masonry or masonite siding with a maximum of eight inch reveal. Each Dwelling Unit must have exterior brick, stone, manufactured or synthetic stone or stucco on the front elevation. All Roofs shall be comprised of asphalt shingles (as may be approved by the Architectural Control Committee) or tile with a minimum 5/12 pitch. The exterior surfaces of each Dwelling Unit shall have such colors as may be approved by the Architectural Control Committee. All windows shall be of the anodized type or better (no raw aluminum frames). All fireplace chimneys must be of masonry or metal and, if metal, shall be wrapped with the same materials as exist on other areas of the exterior of the Unit to within one foot of the top cap. Each Dwelling Unit must have at least two exterior lights illuminating the garage door openings and one exterior light for the front entry ways(s), and may have a yard light or light as approved by the Architectural Control Committee. Section 4. Landscaping: Upon or substantial completion of the Dtivelling unit orated thereon "whichever first occurs), weather permitting, each Lot shall be fully landscaped in the front yard with rolled sold, at least one (1) deciduous trees of at least one and one-half (1-1/2 inches in diameter or conifer trees at least six feet in height and five (5) 1 gallon and three (3) 3 gallon shrubs or bushes, all as has been approved by the 1 ^1 Architectural Control Committee. As used herein, the front yard shall include that portion of each Lot to the side of the Dwelling Unit constructed thereon which is between the public right of way and the rear plane of the Dwelling Unit or a fence which extends from the side of the Dwelling Unit to the side lot line. Section 5, Job Site Maintenance: Job sites are to be kept as clean as possible during construction. All dirt, nails, gravel and other building materials must be removed from the street and sidewalk daily. Work vehicles shall not be parked in front of occupied houses, nor shall they block streets. Power and water must not be used from existing dwellings without the prior permission of the Owner. Dumpsters are the responsibility of the Owner or his contractor and shall be kept orderly at all times and emptied on a timely basis. All contractors and subcontractors shall be prohibited from keeping dogs at the job site. In the event an Owner or his contractor shall fail or refuse to comply with job site maintenance requirements of this section, the Declaranct or the Association may take such remedial action as it deems appropriate, including but not limited to the cleanup of the property, the costs of which may be added to and become a part of the assessment to which such Owner's lot is subject. ARTICLE IX. ARCHITECTURAL CONTROL Section 1. Architectural Control Committee: In order to protect the quality and value of the homes built on the Properties, and for the continued protection of the Owners thereof an Architectural Control Committee is hereby established consisting of only the Declarant and/or his agents. After all lots are sold, the Architectural Control Committee will be turned over to the Association Board of Director. Section 2. Approvals Required: No building, fence, wall, patio cover, window awning or other structure or landscaping improvements of any type shall be commenced, built, constructed, placed, or maintained upon any Lot, Common Area or other property, nor shall any exterior addition, change or alteration of existing improvements be made, until the plans and specifications showing the nature, kind, shape, configuration, height, materials, location and such other detail as the Architectural Control Committee may require, shall have been submitted to an approved in writing by the Architectural Control Committee as to harmony of external design and location in relation to surrounding structures and topography and as to conformity with requirements of this Declaration. In the event the Architectural Control Committee fails to approve, disapprove, or specify the deficiency in such plans, specifications and location within thirty (30) days after submission to the Architectural Control Committee in such form as they may require, it shall be deemed approved. The Architectural Control Committee shall have the right to refuse the approved any design, plan or color for such improvements, construction or alterations which, in its opinion, are not suitable or desirable for any reason, aesthetic or otherwise. In so passing is such design, the Committee shall have the privilege in the exercise of its discretion to take into consideration the suitability of the proposed structure or alteration, the materials of which it is to be built, and the exterior color scheme in relation to the site upon which III it is proposed to he erected. The Architectural Control Committee may also consider whether the design of the proposed structure or alteration is in harmony with the surroundings, the effect of the structure or alteration when viewed from adjacent or neighboring property, and any and all other acts which, in the Architectural Control Committee's opinion, shall affect the desirability of such proposed improvement, structure or alteration. Actual construction shall comply substantially with plans and specifications approved. Section 3. Submissions: Requests for approval of the Architectural Control Committee shall consist of such documents and other materials as may be reasonably requested by the Architectural Control Committee including, without limitations, the following: A. Site Plan. A site plan showing the location of buildings and all other structures and improvements, including fences and walls on the Lot, Lot drainage and all setbacks and other pertinent information related to the improvements. B. Building Plan. A building plan which shall consist of preliminary or final blueprints, elevation drawings of the north, south, east, and west sides, detailed exterior specifications for each building which shall indicate, by sample, if required by the Architectural Control Committee, all exterior colors, material and finishes, including roof, to be used. Garage, accessory and outbuildings to be located on a Lot shall be architecturally and visually compatible and harmonious with the principal building on the Lot as to style and exterior colors and shall not be higher than ten feet above the roof line of the principal building on theLot. C. Landscape Plan. A landscape plan for that portion of the Lot to be landscaped which shall show the location, type and size of trees, plants, ground cover, shrubs, berms and mounding, grading, drainage, sprinkler system, fances, free standing exterior lights, driveways, parking areas and walk ways. Section 4. Rules and Regulations: The Architectural Control Corm-nittee is hereby authorized to adopt rules and regulations to govern its procedures and the requirements for making submissions and obtaining approval as the Committee deems appropriate and in keeping with the spirit of due process by law. The Architectural Control Committee is further hereby empowered to adopt such rules and regulations as it shall deem appropriate, consistent with the provisions of this Declaration, pertaining to matters of design, materials, colors, and aesthetic interests. Any such rules and regulations may be amended from time to time, in the sole discretion of the Architectural Control Committee. The failure of the Architectural Control Committee to adopt any such rules and regulations shall not form the basis for an attach upon the exercise of Architectural Control Committee's discretion, it being the intent of this Declaration to provide the Architectural Control Committee with as broad discretion as is permissible under the law. Section 5. Fees: The Architectural Control Committee may establish , by its adopted rules, a reasonable fee schedule for an architectural review fee to be paid by each owner submitting plans and specifications for approval. No submission for approval will be considered complete until such fee has been paid. Section 6. Waivers: The approval of any plans, drawings or specifications for any structure, improvement, or alteration, or for any mater requiring the approval of the Architectural Control Committee, shall not be deemed a waiver of any right to withhold approval of any similar plan, drawing, specifications, or matters subsequently submitted for approval. Section 7. Liability: Neither the Architectural Control Committee nor any member thereof shall be liable to the Association, any Owner, or any other party, for any damage suffered or claimed on account of any act, action or lack thereof, or conduct of the Architectural Control Committee or any members thereof, acted in good faith on the basis of information they then possessed. Section 8. Certification by Secretary: The records of the Secretary of the Association shall by conclusive evidence as to all matters shown by such records and the issuance of a certificate of completion and compliance by the Secretary or Assistant Secretary of the Association showing that the plans and specifications for the improvement or other matters therein provided for have been approved and that said improvements have been made in accordance therewith, or a certificate as to any matters relating to and within the jurisdiction of the Association by the Secretary thereof, shall be conclusive evidence that shall fully justify andprotect any title company certifying, guaranteeingor insuring title as to any matters referred to in said certificate, and shall fully protect any purchaser or encumbrancer from any action or suit under the Declaration. After the expiration of one(1) year following the issuance of a building permit therefor by municipal or other governmental authority, any structure, work, improvement or alteration shall, as to any purchaser or encumbrancer in good faith and for value and as to any title company which shall have insured the title thereof, be deemed to be in compliance with all the provision hereof unless and notice of noncompliance executed by the Association shall have appeared of record in the office of the County Recorder of Ada County, State of Idaho, or unless legal proceedings shall have been instituted to enforce completion or compliance. Section 9. Construction and Sales Period Exception: During the course of construction of any permitted structures or improvements and during the initial sales period, the restrictions (including sign restrictions contained in this Declaration or in any Supplemental Declaration shall be deemed waived to the extent necessary to permit such construction and the sale of Dwelling Units; provided that, during the course of such construction and sales, nothing shall be 1S done which will result in a violation of these restrictions upon completion of construction and sale. Further, Declarant shall have the right to select and use any individual Dwelling Units owned by it as models for sales purposes. ARTICLE X: INSURANCE AND BOND Section 1. Required Insurance: The Association shall obtain and keep in full force and effect at all times the following insurance coverage provided by companies duly authorized to do business in Idaho. The provisions of this Article shall not be construed to limit the power or authority of the Association to obtain and maintain insurance coverage in addition to any insurance coverage required hereunder in such amounts and in such forms as the Association may deem appropriate from time to time. A. A multi -peril -type policy covering any Common Area improvements, providing as a minimum fire and extended coverage and all other coverage in the kinds and amounts commonly required by private institutional mortgage investors for projects similar in construction, location and use on a replacement cost basis in an amount not less than one hundred percent (100%) of the insurabe value (based upon replacement cost). B. A comprehensive policy of public liability insurance covering all of the common areas, commercial spaces and public ways in the properties. Such insurance policy shall contain a severability of interest endorsement which shall preclude the insurer from denying the claim of a Dwelling Unit Owner because of negligent acts of the Association or other Owners. The scope of coverage must include all other coverage in the kinds and amounts required by private institutional mortgage investors for projects similar n construction, location and use. If the properties contain more than one hundred (100) Units, coverage shall be for at least $1,000,000 per occurrence, for personal injury and/or property damage. C' Workmen's compensation and employer's liability insurance and all other similar insurance with respect to employees of the association in the amounts and in the forms now or hereafter required by law. Section Z. Optional Insurance: The Association may obtain and keep in full force and effect at all times the following insurance coverage provided by companies duly authorized to do business in Idaho. A. Liability insurance affording coverage for the acts, errors and omissions of its directors and officers, including members of the Architectural Control Committee and other committees as may be 10 appointed from time to time by the Board of Directors of such association in such amount as may be reasonable in the premises. B. The Association may obtain bonds and insurance against such other risks, of a similar or dissimilar nature, as it shall deem appropriate with respect to the protection of the properties, including any personal property of the Association located thereon, its directors, officers, agents, employees and association fiends. Section 3. Additional Provisions: The following additional provisions shall apply with respect to insurance: A. Insurance secured and maintained by the Association shall not be brought into contribution with insurance held by the individual Owners or their mortgages. B. Each policy of insurance obtained by the Association shall, if possible, provide: A waiver of the insurer's subrogation rights with respect to the Association, its officers, the Owners and their respective servants, agents and guests; that it cannot be canceled, suspended or invalidated due to the conduct of any agent, officer or employee of the Association without a prior written demand that the defect be cured; that any "no other insurance" clause therein shall not apply with respect to insurance held individually by the Owners. C. All policies shall be written by a company licensed to write insurance in the state of Idaho and all hazard insurance policies shall be written by a hazard insurance carrier holding financial rating by Best's Insurance Reports for Class VI or better. D. Notwithstanding anything herein contained to the contrary, insurance coverage must be in such amounts and meet other requirements of the Federal Home Loan Mortgage Corporation. ARTICLE XI: CONDEMNATION Section 1. Consequences of Condemnation: if at any time or times, all or any part of the Common Area shall be taken or condemned by any public authority or sold or otherwise disposed of in lieu of or in avoidance thereof, the following provisions shall apply. Section 2. Proceeds: All compensation, damages, or other proceeds therefrom, the sum of which is hereinafter call the "condemnation award," shall be payable to the Association owing the condemned Common Area. 1T r�1 Section 3. Apportionment: The condemnation award shall be apportioned among the Owners having an interest in the condemned Common Area equally on a per -Lot basis. The Association shall, as soon as practicable, determine the share of the condemnation award to which each Owner is entitled. Such shares shall remain in the name of the appropriate Association and shall be further identified by Lot number and the name of the Owner thereof, From each separate account, the Association, as attorney-in-fact, shall use and disburse the total amount of such accounts, without contribution from one account to the other, first to Mortgagees and other lienors in the order of priority of their Mortgages and other liens and the balance remaining to each respective Owner. ARTICLE XII: MORTGAGEE PROTECTION Notwithstanding anything to the contrary contained in this Declaration or in the Articles or Bylaws of the Association: A. The Association shall maintain an adequate reserve fund for the performance of its obligations, including the maintenance, repairs and replacement of those common elements and improvements thereon, and such reserve shall be funded by at least quarterly assessments. B. The holders of First Mortgages shall have the right to examine the books and records of any Association and to require annual reports or other appropriate financial data. C. Any management agreement for the Properties or Common Area, or any other contract providing for services of the developer, sponsor or builder, shall be terminable (I) by the contracting Association ofr cause upon thirty (30) days' written payment of a termination fee on ninety (90) days' or less written notice thereof and the term of any such agreement shall not exceed one (1) year. D, Any lien which the Association may have on any Dwelling Unit for the payment of assessments attributable to such Cinit will be subordinate to the lien or equivalent security interest of any Mortgage on the Unit recorded prior to the date notice of such assessment lien is duly recorded. E. 1_inless all institutional holder of First Mortgages have given their prior written approval, no Association shall: By act or omission seek to abandon, partition, subdivide, encumber, sell or transfer the Common Area property owned, directly or indirectly, by such Association for the benefit of the Owners. (The granting of easements for 19 public utilties or for other public purposes consistent with the intended use of such Common Area property shall not be deemed a transfer within the meaning of this Clause.) 2. Change the method of determining the obligations, assessments, dues or other charges which may be levied against an Owner. 3. By act or omission change, waive or abandon any scheme of regulations, or enforcement thereof, pertaining to the architectural design or the exterior appearance of Dwelling Units, the maintenance of the Common Area property, party walls, or common fences and driveways, or the upkeep of lawns and plantings in the subdivision. 4. Fail to maintain fire and extended coverage on insurable Common Area property on a current replacement costs basis in an amount not less than one hundred percent (100%) of the insurable value (based on current replacement cost). 5. Use hazard insurance proceeds for losses to any Common Area property for other than the repair, replacement or reconstruction of such Common Area property. 6. Amend materially this Declaration, the Association's Articles of Incorporation, or its Bylaws. 7. Terminate professional management and assume self- management of the Properties. ARTICLE XIII: ANNEXATION Section 1. Time for Annexation, Land Subject to Annexation: Declarant hereby reserves the right to annex the real property described in Exhibit A attached hereto, or any portion thereof, into the project by recording a Notice of. Annexation or Supplemental Declaration particularly describing the real property to be annexed and added to the project created by this Declaration, pursuant to the provisions of this Article XW. Upon the recording a Notice of Annexation containing the provisions set forth in this Section (which Notice may be contained within a Suppiementai Declaration affecting such property, except as may be provided for therein, the covenants, conditions and restrictions contained in this Declaration shall apply to the added land in the same manner as if it were originally covered by this Declaration and originally constituted a portion of the project; and thereafter, the 10 rights, privileges, duties and liabilities of the parties to this Declaration with respect to the added land shall be the same as with respect to the original land, and the rights, privileges, duties and liabilities of the Owners, lessees and occupants of Lots and Units within the added land shall be the same as in the case of the original land. Notwithstanding the foregoing, any Supplemental Declaration may provide a special procedure for amendment of any specified provision thereof, e.g., by a specified vote of only the owners of Dwelling Units within the area subject thereto. Any provision of a Supplemental Declaration for which no special amendment procedure is provided shall be subject to amendment in the manner provided in this Declaration. Section 2. Procedure for Annexation: Any of the above-described real property may be annexed into the project by the recordation of a Notice of Annexation executed by Declarant and containing the following information: A. A reference to this Declaration, which reference shall state the date of recordation hereof and the Recorder's instrument number or the book and page of the official records of Ada County where this Declaration is recorded, B. An exact legal description of the added land; C. A statement that the provisions of this Declaration shall apply to the added land, except as set forth therein; and D. A statement of the use restrictions applicable to the annexed property, which restrictions may be the same or different from those set forth in this Declaration. ARTICLE XIV: GENERAL PROVISIONS Section 1. Enforcement: The Association of any Owner or the owner of any recorded mortgage upon any part of said property, shall have the right to enforce, by any proceedings at law or in equity, all restrictions, conditions, covenants, reservations, lens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association, or by any Owner to enforce any covenant or restrictions herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Severabilitv- invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 3. Amendment: The covenants and restrictions of this Declaration shall run with the land and shall inure to the benefit of and be enforceable by the Association of the legal Owner of any Lot subject to this in Declaration, their respective legal representatives, heirs, successors and assigns, for a term of twenty-five (25) yeas from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years. Except as otherwise provided herein, any of the covenants and restrictions of this Declaration, excepts the easements herein granted, may be amended by an instrument signed by members entitled to cast not less than sixty-six and two-thirds percent (66-2/3%) of the votes of membership. Any amendment must be recorded. Section 4. Assignment by Declarant: Any or all rights, powers and reservations of Declarant herein contained may be assigned to the Association or to any other corporation or association which is now organized or which may hereafter be organized and which will assume the duties of Declarant hereunder pertaining to the particular rights, powers and reservations assigned, and upon any such corporation or association evidencing its intent in writing to accepts such assignment, have the same rights and powers and be subject to the same obligations and duties as are given to and assumed by Declarant here. All rights of Declarant hereunder reserved or created shall be held and exercised by Declarant alone, so long as it owns any interest in any portion of said property. IN WITNESS WHEREOF, Declarant has caused its corporate name to be hereunto subscribed and its corporate seal affixed this day of in the year DECLARANT D'ALESSIO BUILDING & DEVELOPMENT, INC. Daniel D'Alession, President 1i State of Idaho ) ss. County of Ada) On this day of , in the year , before me, the undersigned Notary Public in and for said State, personally appeared Daniel D'Alessio, known or identifed to me to be the President of D'Alessio Building & Development, Inc., the corporation that executed the within instrument, or the person who executed the instrument in behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC, State of Idaho Residing at Boise, Idaho My Commission Expires: 1)1 FILE COPY BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR STATEN PARK SUBDIVISION FOR 24 BUILDING LOTS AND 5 OTHER LOTS ON 8.15 ACRES, LOCATED EAST OF BLACK CAT AND SOUTH OF USTICK ROAD, MERIDIAN, IDAHO BY: LEAVITT AND ASSOCIATES ENGINEERING C/C 02-20-01 Case No. PP -00-027 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on February 20, 2001, at the hour of 6:30 p.m., at the Meridian City Hall, 33 East Idaho, Meridian, Idaho, and the City Council takes judicial notice of its action of the denial of the application for annexation and zoning in Case No. AZ -00- 025, and the City Council based upon its Findings of Fact and Conclusions of Law and Decision and Order in Case No. AZ -00-025, does hereby deny the application for preliminary plat approval. FINDINGS OF FACT 1. It is found that the Recommendations to City Council of the Planning FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER DENYING PRELIMINARY PLAT STATEN PARK SUBDIVISION BY: LEAVITT &ASSOCIATES (PP -00-027) - 1 and Zoning Commission is not reasonable, nor appropriate ate, for the conditions of approval of the preliminary plat due to the denial of the annexation and zoning in Case No. AZ -00-025. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code Section 12-3-5, and based upon the above and foregoing Findings of Fact which are herein adopted. IT IS HEREBY ORDERED AND THIS DOES ORDER, that based upon the denial of the annexation and zoning in Case No. AZ -00-025, the Council does hereby deny the application for preliminary plat approval. By action of the City Council at its regular meeting held on the day of , 2001. ROLL CALL: COUNCILMAN RON ANDERSON COUNCILMAN I(EITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS VOTED VOTED / VOTED VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER DENYING PRELIMINARY PLAT STATEN PARK SUBDIVISION BY: LEAVITT & ASSOCIATES (PP -00-027) - 2 MAYOR ROBERT D. CORRIE (TIE BREAI(ER) VOTED MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. OF SIE; BDated: City Clerk msg/Z:\Work\NI\Meridian\Meridian 15360M\StatenParkDenyAZ025\FfClsOrdDeny.PP FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER DENYING PRELIMINARY PLAT STATEN PARK SUBDIVISION BY: LEAVITT &ASSOCIATES (PP -00-027) W FILE COPY August 3, 2001 PP 01-012 MERIDIAN CITY COUNCIL MEETING August 8, 2001 APPLICANT RAlessio Building Development ITEM NO. �� G REQUEST Findings — Request for Preliminary Plat approval of 23 building lots and 5 other lots and 5 other lots on 8.15 acres in a proposed R-4 zone for proposed Staten Park Subdivision - SEC of North Black Cat Road and West Ustick Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: COMMENTS See attached Findings SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: DCLYZ DA 1 PSS i (" Date: Phone: � L_p I- l 6yqq Materiats presented at public meetings shall become property of the City of Meridian. RECEIVED JUL Z 4 2001 interoffice CITY OF ti�RIDIAly MEMORANDUM To: William G. Berg, Jr. From: Wm. F. Nlchols� �� Subject: D'Alessio Building & Development, Inc., for Staten Park Subdivision / PP Findings of Fact and Conclusions of law and Order of Conditional Approval of Preliminary Plat File: PP -01-012 Date: July 23, 2001 Will: Please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT, pursuant to action of the Council at their July 17, 2001 meeting. The Findings will be on the Council's agenda for August 7, 2001 meeting. Please serve conformed copies of the Findings upon the Applicant and the Planning and Zoning Department, Public Works and the City Attorney office, if Council approves the Findings. If you have any questions arise please advise. ZAWork\M\Meridian\Meridian 15360M\Staten Park Sub VARO1-009 AZO1-009 PP01-012\BergPPMem072401.doc BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR STATEN PARK SUBDIVISION, LOCATED AT THE SOUTHEAST CORNER OF N. BLACK CAT ROAD AND W. USTICK ROAD, MERIDIAN, IDAHO BY: D'ALESSIO BUILDING & DEVELOPMENT, INC., APPLICANT C/C 07/17/01 Case No. PP -01-012 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on July 3, 2001 and continued until July 17, 2001, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing was the Applicant, Dan D'Alessio, and no one appeared in opposition, and the City Council having received a report from David McI<innon, Planner for Planning and Zoning, and Bruce Freckleton, Engineering Technician III, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT STATEN PARK SUBDIVISION / (PP -01-012) 1 "PRELIMINARY PLAT FOR: STATEN PARK SUBDIVISION, APRIL 2001, DESCRIPTION: A PORTION OF GOVERNMENT LOT 4, OF SECTION 3, T3N, R1W, BM., MERIDIAN, ADA COUNTY, IDAHO, CLIENT: D'ALESSIO BUILDING DEVELOPMENT, JOB NUMBER: 00281.001, Cad File: PRELIMINARY.DWG, DESIGNED BY: ICS., DRAWN BY: M.D.H., CHECKED BY: J.R.L., DELIVERY DATE: 3/28/01, SHEET NUMBER 1, LEAVITT &. ASSOCIATES ENGINEERS, INC., ENGINEERS, D'ALESSIO BUILDING & DEVELOPMENT, INC., DEVELOPER', submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code § 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned Low Density Residential District (R- 4), and requires connection to the Municipal Water and Sewer System. [Meridian City Code § 11-7-2 C] FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT STATEN PARK SUBDIVISION/ (PP -01-012) 2 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions which are requested by the Planning and Zoning Administrator and the Engineering Technician III and as proposed by the developer as stated on the preliminary plat there will be public financial capability of supporting services for the proposed development. 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "PRELIMINARY PLAT FOR: STATEN PARK SUBDIVISION, APRIL 2001, DESCRIPTION: A PORTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT STATEN PARK SUBDIVISION / (PP -01-012) 3 GOVERNMENT LOT 4, OF SECTION 3, T3N, R1 W, BM., MERIDIAN, ADA COUNTY, IDAHO, CLIENT: D'ALESSIO BUILDING DEVELOPMENT, JOB NUMBER: 00281.001, Cad File: PRELIMINARY. DWG, DESIGNED BY: K.S., DRAWN BY: M.D.H., CHECKED BY: J.R.L., DELIVERY DATE: 3/28/01, SHEET NUMBER 1, LEAVITT &ASSOCIATES ENGINEERS, INC., ENGINEERS, D'ALESSIO BUILDING & DEVELOPMENT, INC., DEVELOPER". DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT FOR: STATEN PARK SUBDIVISION, APRIL 2001, DESCRIPTION: A PORTION OF GOVERNMENT LOT 4, OF SECTION 3, T3N, R1 W, BM., MERIDIAN, ADA COUNTY, IDAHO, CLIENT: D'ALESSIO BUILDING DEVELOPMENT, JOB NUMBER: 00281.001, Cad File: PRELIMINARY.DWG, DESIGNED BY: K.S., DRAWN BY: M.D.H., CHECI(ED BY: J.R.L., DELIVERY DATE: 3/28/01, SHEET NUMBER 1, LEAVITT &ASSOCIATES ENGINEERS, INC., ENGINEERS, D'ALESSIO BUILDING &. DEVELOPMENT, INC., FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT STATEN PARK SUBDIVISION/ (PP -01-012) 4 DEVELOPER" is hereby conditionally approved; and 2. The conditions of approval are as follows to -wit: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: Obtain a letter from the Ada County Street Name Committee, approving the subdivision and street names. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. I Sanitary sewer to this site shall be via extensions from mains proposed to be installed in the adjacent phases of Wilkins Ranch Subdivision. Water service to this site shall be via extensions from existing mains in Ustick Road. Subdivision designer to coordinate main sizing and routing with the Public Works Department. The lots within this development shall be subject to applicable latecomer fees. 4. Two -hundred -fifty and 100 -watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at developer's expense. Typical locations are at street intersections and/or fire hydrants. 5. The Planning and Zoning Commission supports the development features of the subdivision, including the walking path adjacent to Eight Mile Lateral. Deed restrictions shall be required for all lots adjacent to the pathway to limit the height of fencing to no more than four feet high. Fencing within 20 feet of rights-of-way may not exceed three feet in height. 6. Applicant shall be responsible to construct permanent perimeter fencing, 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. Five percent (5%) common open space is required per City Ordinance FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT STATEN PARK SUBDIVISION/ (PP -01-012) 5 12-13-16. The Planning and Zoning Commission believes the proposed plat conforms to this requirement. However, no calculations were submitted with the application. The applicant shall verify the actual area provided. 8. A detailed landscape plan for the common areas, including fencing locations, pathways and types of construction, shall be submitted for review and approval with the submittal of the final plat. The plan shall include sizes and species of trees, shrubs, berming/swale details, and all proposed ground cover/treatment. No fencing shall be permitted within the landscape buffers. A letter of credit or cash surety in the amount of 110% shall be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 9. In accordance with City Ordinance 12-13-8-1, underground year-round pressurized irrigation shall be provided to all common landscape areas on site. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the common landscaped areas. Applicant shall submit irrigation performance specifications in compliance with Ordinance 12- 13-8-2 when applying for a Final Plat. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by an association or the Nampa &_ Meridian Irrigation District. If the system is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. 10. The soils investigation report submitted with the application indicates that groundwater was encountered at some fairly shallow depths within the project site (approximately 5.5 feet deep). Design engineer to provide a statement of compliance, prior to the approval of development plans, that certifies that the centerline finish grade of the streets, public or private, is at least three feet above the established normal ground water elevation. This is an effort to ensure that the building footings are at least one foot above the high groundwater. 11. Submit compaction test results to the Meridian Building Department FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT STATEN PARK SUBDIVISION / (PP -01-012) 6 for any lots receiving engineered fill material. 12. Submit a complete application for the variance for the requested reduction in minimum block length per section 12-4-5 of the Meridian City Code. The variance shall be approved prior to City Council action on the preliminary plat. 13. 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. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. The Eight Mile Lateral shall not be required to be tiled. 14. Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 15. Five -foot -wide sidewalks and pedestrian walkways shall be provided in accordance with City Ordinance Section 12-5-2.K. 16. Minimum frontage for lots in an R-4 zone is 80 feet. Lots 1, 3, 4 and 6 only meet this requirement on one side and shall require directional arrows indicating where the front of house shall be oriented. Frontage for corner lots is determined by taking the line length plus one-half of the chamfer length. Cul-de-sac lots shall have a minimum chord length of 40 feet. Adopt the Recommendations of the Ada County Highway District as follows: 17. Dedicate 48 -feet of right-of-way from the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT STATEN PARK SUBDIVISION / (PP -01-012) 7 18. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 19. Construct a 5 -foot wide concrete sidewalk on Ustick Road abutting the parcel located 2 -feet within the new right-of-way. Coordinate the location and elevation with District staff. 20. Any irrigation facilities shall be relocated outside of the new right-of- way on Ustick Road. 21. All above -ground utilities and other obstructions shall be relocated behind the required sidewalk unless specifically approved by Development Services. 22. Construct Sunnyside Road off of Ustick Road located to align or offset a minimum of 125 -feet from any existing or proposed streets. 23. All streets within the subdivision shall be located to align or offset a minimum of 125 -feet from centerline to centerline. 24. Extend Campfire Street into the site at the east property line from the Wilkins Ranch Subdivision, between Lot 6, Block 4, and Lot 11, Block 3. 25. Stub Coalfield Road to the undeveloped parcel west of the site, between Lot 1, Block 3 and Lot 6, Block 1, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT STATEN PARK SUBDIVISION / (PP -01-012) 8 26. Construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot wide concrete sidewalks within 50 - feet of right-of-way. 27. Construct the turnarounds to provide a minimum turning radius of 45 - feet. 28. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 29. Other than the public street specifically approved with this application, direct lot or parcel access to Ustick Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Adopt the Recommendations of the Meridian Fire Department as follows: 30. No parking of vehicles or trailers in cul-de-sac. 31. All roads shall be installed before building is started with appropriate street name signs. 32. Applicants shall satisfy all fire code requirements. Adopt the Recommendations of Central District Health Department as follows: 33. The Applicant's central sewage and central water plans shall be submitted to and approved by the Idaho Department of Health SL Welfare, Division of Environmental Quality. 34. Run-off is not to create a mosquito breeding problem. 35. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 36. The Engineers and architects involved with the design of the subject FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT STATEN PARK SUBDIVISION/ (PP -01-012) 9 project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 3 7. The Nampa Sz Meridian Irrigation District's Eight Mile Lateral courses along the south boundary of the proposed project. Any encroachments within the District's easement without approved plans and written approval are unacceptable. Additionally, the Applicant shall be required to comply with the City Council's action taken at their Tuesday, July 17, 2001 meeting as follows: 38. Pertaining to the issue over fencing around the pathway, the pathway which runs along the Eight Mile Lateral shall be required to have a 4' solid wood fence on the edge of the easement, and on the back lot line of the subdivision lots that abut up to the Eight Mile Lateral along the pathway, and including the lots which are on the east side of the subdivision. Additionally, the lot owners of the lots that are on the east side of the subdivision shall be allowed to install fencing along the pathway, and the fencing shall be subject to design approval from the Planning and Zoning Administrator, and additionally, the design shall be in compliance and conformance with the City's fence and landscape ordinances. B action of the City Council at its regular meeting held on the day of {,O' , 2001. ROLL CALL COUNCILMAN ANDERSON VOTED COUNCILMAN BIRD COUNCILWOMAN deWEERD VOTED VOTEDA-- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT STATEN PARD SUBDIVISION / (PP -01-012) 10 COUNCILWOMAN McCANDLESS MAYOR ROBERT D. CORRIE VOTED_ VOTED (TIE BREAKER) D Copy served upon Applicant, The Planning and Zoning Departmel}�,.,►��„F,r,, Public Works Department and City Attorney. of 4 By: Dated: City Clerk \\NPA NTS40 PDOSERVER Z\ Work\M\Meridian\Meridian 15360M\Staten Park Sub VARO1-009 A PPO 1-012\FfC1s0rdPP.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT STATEN PARD SUBDIVISION/ (PP -01-012) 11 The Idaho Statesman R rC. E P.O. Box 40, Boise, Idaho 83707-0040 LEGAL ADVERTISING PROOF OF PUBLICATION ME1',,i Amount: Account # DTI# Identification 064514 468137 NOTICE OF HEARING $62.28 Ordered by: P.O. # Rate Run Dates NT JUNE 15, 29, 2001 Number of Lines CITY OF MERIDIAN 33 EAST IDAHO ST. 38 Affidavit Legal # MERIDIAN, ID 83642 1 1 10652 LEGAL NOTICE PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho that the City Council of the City of Meridian will hold a public hearing at a Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 6:30 p.m. on July 3, 2001, for the purpose of reviewing and considering the applications of: Dakota Company for preliminary / final plat approval of 4 building lots on 4.94 acres In a proposed I -L zone for proposed Seven Gates Industrial Subdivisionggenerally located at the southwest corner of Commer- cial and Machine Avenue, east of Nola Road; D'Alessio Building Development for annexation and zoning of 8.15 acres from RUT to R-4 zones and preliminary plat approval of 23 building lots and 5 other lots on 8.15 acres in a proposed R-4 zone for proposed Staten Park Subdivision general ocated at the southeast corner of North Black Cat Road and West Ustick Road; Meridian Assembly of God :for -a. request of continuation of a three-year Con- ditionalUse Permit granted in January of 1997 for modular buildings' in an L -O zone for the Meridian Assembly of God Church generally Ipcated at 1830 North Linder Road. Pub.,Jun. 15,29, 2001. JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, in conformity with Section 60-108, Idaho Code, as amended for: TWO consecutive weekly single consecutive daily Modd skip insertion(s) beginning with the issue of: JUNE 15 2001 and ending with the issue of: JUNE 2 9 2001 STATE OF IDAHO ) )ss COUNTY OF ADA On this 2 9 day of JUNE in the year of 2001 before me, a Notary Public, personally appeared before me Janice Hildreth known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the state- ments therein are true, and acknowledged to me that she executed the same. -,yyfiCE LSt>lt.. k,. X.VGVs•..*ta�y! Public for jjjAho "� •• �� s irtg at:Beise, Idaho �Q- 4P ILLM ission expires: ' z J� • c •'fl. The Idaho Statesman P.O. Box 40, Boise, Idaho 83707-0040 LEGAL ADVERTISING PROOF OF PUBLICATION Ell MEF' Account # DTI# Identification Amount: 064514 468137 NOTICE OF HEARING $62.28 Ordered by: P.O. # Rate Run Dates NT JUNE 15, 29, 2001 CITY OF MERIDIAN Number of Lines 33 EAST IDAHO ST. 38 Affidavit Legal # MERIDIAN, ID 83642 1 10652 LEGAL NOTICE PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the C of Meridian and the Laws of the State of Idaho that the City Council of the City of Meridian will hold a public hearing at a Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 6:30 p.m. on July 3, 2001, for the purpose, of reviewing and considering the applications of: Dakota Company for preliminary / final plat approval of 4 building lots on 4.94 acres In a proposed I -L zone for proposed Seven Gates Industrial Subdivision generally located at the southwest corner of Commer- cial and Machine Avenue, east of Nola Road; D'Alessio Building Development for annexation and zoning of 8.15 acres from RUT to R-4 zones and preliminary plat approval of 23 building lots and 5 other lots on 8.15 acres in a proposed R-4 zone for roposed Staten Park Subdivision generally - at at the southeast comer of North Black Cat Road and West Ustick Road; Meridian Assembly of God for a request of continuation of a three-year Con- ditional Use Permit granted in January of 1997 for modular buildings in an L-0 zone for the Meridian Assembly of God Church generally Ipcated at 1830 North Linder Road. Pub. Jun. 15,29, 2001 JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, in conformity with Section 60-108, Idaho Code, as amended for: TWO consecutive weekly F—Isingle consecutive daily E0 odd skip insertion(s) beginning with the issue of: JUNE 15 2001 and ending with the issue of: JUNE 2 9 2001 STATE OF IDAHO ) )SS COUNTY OF ADA On this 2 9 day of JUNE in the year of 2001 before me, a Notary Public, personally appeared before me Janice Hildreth known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the state- ments therein are true, and acknowledged to me that she executed the same. sib}CEE Sf'li ® ,•••..� �I`albtaf Public for jjdaho A,s it at: at: -E ► , Idaho tldly"1�tritnission expires: 1 i4 Z(`1f1� j Z J4� .� 4 • 4 . r • S.r A February 16, 2001 PP 00-027 MERIDIAN CITY COUNCIL MEETING February 20, 2001 APPLICANT Leavitt and Associates ITEM NO. 11 REQUEST PP for 24 building lotsx and 5 other lots on 8.15 acres in a proposed R-4 zone for proposed Staten Park Subdivision - e/o Black Cat and s/o Ustick Rd. 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: See attached revision COMMENTS See attached P & Z item packet & Position Stmt See attached Recommendations See attached ACHD report Contacted: )as -c, L-ect:l.'," f� Date: '7 Phone: Materials presented at public meetings shall become property of the City of Meridian. C-1) - Ku; Ri- POSITION �� STATEMENT FEB 12 2001 Case No. PP -OO -027 CITY OF MERIDIAN Name of Applicant: D'Alessio Building Development CITY CLERK OFFICE To: Meridian City Council From: Meridian Planning & Zoning Staff I have reviewed the Findings and Recommendations of the Planning & Zoning Commission with which I disagree as follows: The following Findings and/or Recommendations should be deleted: 51.9 Dated the day of Signed: 2001. Copy served upon Applicant, Planning & Zoning Department, Public Works Department and City Attorney. Received in the record: -/-/ By: William G. Berg, Jr., City Clerk WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. KEVIN E. DINIUS CHRISTOPHER S. NYE hII1EKLEw FISCHER PHILIP A. PETERSON Wm. F. CAaRAY, III ERIC S. ROSSMAN BRENT J. JOHNSON TODD A. RossMAN D. SAMUEL JOHNSON DAVID M. SWARTLEY LARRY D. MOORE TFRRENCE R. WHITE** WILLIAM A. MORROW NICHOLAS L. WOLLEN WILLIAM F. NICHOLs* *Also admitted in OR ** Also admitted in WA To: Staff Applicant Affected Property Owner(s) Re: Application Case No. ATTORNEYS AT LAW 200 EAST CARLTON AvE., SUITE 31 POST OFFICE BOX1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX (208) 288*2501 E-MAIL: @WPPMG.COM January 29, 2001 PP -00-027 NAMPA OFFICE 5700 E. FRANKLIN RD., STE. 200 NAMPA, IDAHO 83687-8402 TEL. (208) 466-9272 FAX (308) 4664405 PLEASE REPLY TO MERIDIAN OFFICE RECEIVED FEB -1 2001 CITY OF MERIDIAN FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Findings and Recommendations of the Planning and Zoning Commission shall be presented to the 'City Council at the public hearing on the above referenced matter by the Planning and Zoning Administrator. Due to the volume of matters which the City Council must decide, and to insure your position is understood and clear, it is important to have a consistent format by which matters are presented at the public hearings before the City Council. The City Council strongly recommends: That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and be prepared to state your position on this application by addressing the Findings and Recommendations of the Planning and Zoning Commission; and That you carefully complete (be sure it is legible) the Position Statement if you disagree with the Findings and -Recommendations of the Planning and Zoning Commission. The Position Statement form for this application is available at the City Clerk's office. It is recommended that you prepare a Position Statement and deliver it to the City Clerk prior to the hearing, if possible. If that is not possible, please present your Position Statement to the City Council at the hearing, along with eight (B) copies. The copies will be resented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the City Attorney. If you are a part of a group, it is strong1v recommended that one Position Statement be filled out for the group, which can be signed by the representative for the group. Very y yours, City Attorney's Office ly/ BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE ) Case No. PP -00-027 REQUEST FOR PRELIMINARY ) PLAT FOR STATEN PARK ) RECOMMENDATION TO CITY SUBDIVISION, ) COUNCIL D'ALESSIO BUILDING > R,ECEIVED DEVELOPMENT, ) Applicant FEB -1 2001 CITY OF MERIDIAN 1. The property is approximately 20.20 acres in size and is generally located on the south side of Ustick Road, 1/4 mile east of Black Cat Road in Meridian, Idaho. 2. The owners of record of the subject property are Stewart Miles Terry Jr., and Verla Terry of Boise. 3. The Applicant is D'Alessio Building Development of Nampa, Idaho. 4. The subject property is currently zoned R -T Ada County. However, there is an application for a rezone from R -T to R-4 before the City Council. The zoning of R-4 is defined within the City of Meridian's Zoning and Development Ordinance Section 11-7-2. 5. The subject property is within the city limits of the City of Meridian. 6. 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 RECOMMENDATION TO CITY COUNCIL - 1 PRELIMINARY PLAT -STATEN PARK SUBDIVISION BY D'ALESSIO BUILDING DEVELOPMENT Comprehensive Plan. 7. The Applicant proposes to develop the subject property in the following manner: 29 lot residential subdivision. 8. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the preliminary plat as requested by the Applicant for the property described in the application, subject to the following: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 1.1 Obtain a letter from the Ada County Street Name Committee, approving the subdivision and street names. 1.2 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.3 Sanitary sewer to this site shall be via extensions from mains proposed to be installed in the adjacent phases of Wilkins Ranch Subdivision. Water service to this site shall be via extensions from existing mains in Ustick Road. Subdivision designer shall coordinate main sizing and routing with the Public Works Department. The lots within this development will be subject to applicable latecomer fees. 1.4 Two -hundred -fifty- and 100 -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department and shall be installed at subdivider's expense. Typical locations are at RECOMMENDATION TO CITY COUNCIL - 2 PRELIMINARY PLAT -STATEN PARK SUBDIVISION BY D'ALESSIO BUILDING DEVELOPMENT street intersections and/or fire hydrants. 1.5 The proposed walking path adjacent to Eight Mile Lateral shall be constructed with a 4 -foot -high solid fence. 1.6 Applicant shall be responsible to construct permanent perimeter fencing, 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. 1.7 The applicant should verify the actual area provided to comply with the five percent (5%) common open space requirement per City Ordinance 12-13-16. 1.8 A detailed landscape plan for the common areas, including fencing locations, pathways and types of construction, shall be submitted for review and approval with the submittal of the final plat. The plan shall include sizes and species of trees, shrubs, berming/swale details, and all proposed ground cover/treatment. No fencing will be permitted within the landscape buffers. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 1.9 Staff has concerns about the offset road alignment at the intersection of Sunnyside Road with Morning Star Circle and W. Campfire Street. Staff believes Morning Star Circle may be able to be aligned with Campfire Street and then bent in alignment with the southern property line and still maintain the same number of lots. The applicant should be prepared to address this concern at the hearing. 1.10 In accordance with City Ordinance 12-13-8-1, underground year-round pressurized irrigation shall be provided to all common landscape areas on site. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the common landscaped areas. Applicant shall submit irrigation performance specifications in compliance with Ordinance 12-13-8-2 when applying for a Final Plat. Applicant shall indicate whether the pressurized irrigation system within this development is to be owned and maintained by an association or the Nampa &_ Meridian Irrigation RECOMMENDATION TO CITY COUNCIL - 3 PRELIMINARY PLAT -STATEN PARK SUBDIVISION BY D'ALESSIO BUILDING DEVELOPMENT District. If the system is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. 1.11 Design engineer shall provide a statement of compliance, prior to the approval of development plans, that certifies that the centerline finish grade of the streets, public or private, is at least three feet above the established normal ground water elevation to ensure that the building footings are at least one foot above the high groundwater. 1.12 Applicant shall submit compaction test results to the Meridian Building Department for any lots receiving fill material. 1.13 The applicant has requested a waiver from the requirement to tile Eight Mile Lateral. The waiver has been granted to other adjacent subdivisions, as well. 1.14 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. The ditches to be piped should be shown on the site plans. 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. The applicant has requested a waiver of this requirement along the Eight Mile Lateral. 1.15 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 1.16 Five -foot -wide sidewalks and pedestrian walkways shall be provided in accordance with City Ordinance Section 12-5-2.IC Adopt the Recommendations of the Meridian Fire Department as follows: 1.17 Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. 1.18 Common areas will need to be kept clean of trash and weeds. RECOMMENDATION TO CITY COUNCIL - 4 PRELIMINARY PLAT -STATEN PARK SUBDIVISION BY D'ALESSIO BUILDING DEVELOPMENT 1. 19 All roads will be installed before building is started with appropriate street name signs. Adopt the Recommendations of the Central District Health Department as follows: 1.20 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health Welfare, Division of Environmental Quality. 1.21 Run-off is not to create a mosquito breeding problem. 1.22 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 1.23 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendations of the Ada County Highway District as follows: 1.24 Applicant shall dedicate 48 -feet of right-of-way from the centerline of Usticic Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 1.25 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 1.26 Construct a 5 -foot wide concrete sidewalk on Ustick Road abutting the parcel located 2 -feet within the new right-of-way. Coordinate the location and elevation with District staff. 1.27 Any irrigation facilities shall be relocated outside of the new right-of-way on Usticic Road. 1.28 All above -ground utilities and other obstructions should be relocated behind the required sidewalk unless specifically approved by Development Services. RECOMMENDATION TO CITY COUNCIL - 5 PRELIMINARY PLAT -STATEN PARK SUBDIVISION BY D'ALESSIO BUILDING DEVELOPMENT 1.29 Construct Sunnyside Road off Ustick Road located to align or offset a minimum of 125 -feet from any existing or proposed streets. 1.30 All streets within the subdivision shall be located to align or offset a minimum of 125 -feet from centerline to centerline. 1.31 Extend Campfire Street into the site at the east property line from the Wilkins Ranch Subdivision, between Lot 6, Block, 4, and Lot 11, Block 3. 1.32 Stub Coalfield Road to the undeveloped parcel west of the site, between Lot 1, Block 3 and Lot 6, Block I, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 1.33 Construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot wide concrete sidewalks within 50 - feet of right -of way. 1.34 Construct the turnarounds to provide a minimum turning radius of 45 - feet. 1.35 Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 1.36 Other than the public street specifically approved with this application, direct lot or parcel access to Usticic Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Z:\Work\M\Ieridian\Meridian 15360M\Recommendations\PP027Staten.wpd RECOMMENDATION TO CITY COUNCIL - 6 PRELIMINARY PLAT -STATEN PARK SUBDIVISION BY D'ALESSIO BUILDING DEVELOPMENT P CHD It lk Judy Heavey-Uerr, Ada County Highway District ast 37th �traat uave bivens, Ist vice Hresident Garden City ID 83714-6499 Sherry R. Huber, 2nd Vice President Phone (208) 387-6100 Susan S. Eastlake, Commissioner FAX (208) 387-6391 David E. Wynkoop, Commissioner E-mail: tellus@ACHD.ada.id.us January 18, 2001 TO: D'Alessio Building Development 6314 N Park Meadow Way Ste 103 Boise, ID 83713 RECEIVED JAN 2 2 2001 CITY OF MERIDIAN FROM: Christy Richardson, Principal Development Analyst Planning & Development C. /'rc�/i6r�rd�t!/7J SUBJECT: Preliminary Plat: Staten Park Ustick Road e/o Black Cat Road On January 17, 2001, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are required: Prior to any construction within the existing or proposed public right-of-way, the following shall be submitted and subject to review and approval by the District. a. Three complete sets of detailed street construction drawings prepared by an Idaho registered professional Engineer. b. Execute and Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. C. Complete all street improvements to the satisfaction of the District, or execute a Surety Agreement between the Developer and the District to guarantee the completion of the construction of all required street improvements. 3. Furnish a copy of the Final Plat showing street names as approved by the Local Government Agency having such authority 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 me at (208) 387-6170, should you have any questions. Cc: Planning & Development Chron/File Planning & Development Services -City of Meridain Construction Services — John Edney Drainage- Chuck Rinaldi Leavett & Association Engineering 11 13th Ave. South Nampa, ID 83651 ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report Preliminary Plat -Staten Park/MPP-00-027 Ustick Road e/o Black Cat Road 29 -lots An application has been submitted to ACHD from the City of Meridian for preliminary plat approval. Staten Park is a 29 -lot residential subdivision on 8.15 -acres. The applicant is also requesting a rezone from RT to R-4. The site is located on the south side of Ustick Road approximately 850 feet west of Black Cat Road. This development is estimated to generate 240 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Ustick Road Black Cat Road ACHD Commission Date — January 17, 2001 - 12:00 p.m. STATENPARK.cmm Pa<_,c 1 W Facts and Findings: A. General Information Owner — Stewart and Verla Terry Applicant — D'Alessis Building Development R-4 - Existing zoning 8.15 - Acres 24 - Proposed building lots 5 - Proposed common lots 1,650 - Total lineal feet of proposed public streets 260 - Traffic Analysis Zone (TAZ) West Ada - Impact Fee Service Area Meridian - Impact Fee Assessment District Ustick Road Minor arterial with bike lane designation Traffic count of 2,439 5-2-00 (e/o Black Cat Road) Better than C - Existing Level of Service Better than C - Existing plus project build -out Level of Service 535 -feet of frontage 50 -feet existing right-of-way (25 -feet from centerline) 96 -feet required right-of-way (48 -feet from centerline) Ustick Road is improved with 24 -feet of pavement with no curb, gutter or sidewalk abutting the site. Sidewalk is existing on previously developed segments of Ustick Road. Black Cat Road Minor arterial with bike lane designation Traffic count of 2,688 on 7-6-00 (n/o Cherry Lane) 0 -feet of frontage Black Cat Road is improved with two travel lanes with no curb or gutter. but there is sidewalk abutting the developed segments. B. On January 2, 2001, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On January 5, 2001, the staff met as the District's Technical Review Committee and reviewed the impacts of this proposed development on the District's transportation system. The results of that analysis constitute the following Facts and Findings and recommended Site Specific Requirements. STATENPARK.cmm C. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. D. The applicant should be required to construct a 5 -foot wide concrete sidewalk on Ustick Road abutting the parcel located 2 -feet within the new right-of-way. Coordinate the location and elevation with District staff. E. Any irrigation facilities should be relocated outside of the new right-of-way on Ustick Road. F. All above -ground utilities and other obstructions should be relocated behind the required sidewalk unless specifically approved by Development Services. G. The applicant is proposing to construct Sunnyside Road off of Ustick Road, located approximately 100 -feet west of the east property line. District policy requires public streets to align or offset a minimum of 125 -feet from any existing or proposed streets. The proposed public street conforms to District policy. H. All streets within the subdivision should be located to align or offset a minimum of 125 -feet from centerline to centerline. I. The applicant is proposing to extend Campfire Street into the site at the east property line from the Wilkins Ranch Subdivision, between Lot 6, Block 4, and Lot 11, Block 3. Staff supports this connection. The applicant is proposing to stub Coalfield Road to the undeveloped parcel west of the site, between Lot 1, Block 3 and Lot 6, Block 1. District staff supports the location of the stub street. The applicant should not be required to provide a paved temporary turnaround at the west end of the stub street because it is only one lot in depth. The applicant should be required to install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. K. Unless otherwise approved, the applicant should be required to construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. L. The turnarounds should be constructed to provide a minimum turning radius of 45 -feet. M. Any proposed landscape islandshnedians within the public right-of-way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. N. Based on development patterns in this area and the resultirn- traffic generation, staff anticipates that the transportation system will be adequate to accommodate additional traffic izenerated by this proposed development with the requirements outlined within this report. STATENPARK.rmm 1'•I_e ,0'1 The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: Dedicate 48 -feet of right-of-way from the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way. 2. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. Construct a 5 -foot wide concrete sidewalk on Ustick Road abutting the parcel located 2 -feet within the new right-of-way. Coordinate the location and elevation with District staff. 4. Any irrigation facilities shall be relocated outside of the new right-of-way on Ustick Road. All above -ground utilities and other obstructions should be relocated behind the required sidewalk unless specifically approved by Development Services. 6. Construct Sunnyside Road off of Ustick Road located to align or offset a minimum of 125 -feet from any existing or proposed streets. 7. All streets within the subdivision shall be located to align or offset a mininnun of 125 -feet from centerline to centerline. 8. Extend Campfire Street into the site at the east property line from the Wilkins Ranch Subdivision, between Lot 6, Block 4, and Lot I I, Block 3. 9. Stub Coalfield Road to the undeveloped parcel west of the site, between Lot 1, Block 3 and Lot 6, Block 1, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 10. Construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. STATENPARK.cmm Pate 4 IL Construct the turnarounds to provide a minimum turning radius of 45 -feet. 12. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 13. Other than the public street specifically approved with this application, direct lot or parcel access to Ustick Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required pernilts), which incorporates any required design changes. STATENPA R K xinm Pau, W 6. Construction, use and property development shall be in confori-iance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two frill business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the plarmed use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted by: Commission Action: Planning and Development Staff January 17, 2001 STATENPARK.cmm Pace 6 Jnaury 16, 2001 MERIDIAN PLANNING & ZONING MEETING APPLICANT Leavitt & Associates REQUEST Preliminary Plat approval for 24 building lots and 5 other lots on 8 15 acres in a propos a,Q,-elone for proposed Staten Park Subdivision East of Black Cat Road and south of Ustick road PP 00-027 January 18, 2001 ITEM NO. 1 1 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: SANITARY SERVICE: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION IDAHO POWER: US WEST: COMMENTS Public Saftey Concerns See attached Comments No Remarks No comment No comment See attached Comments See attached Comments See attached comments See attached comments INTERMOUNTAIN GAS: OTHER: See attached evaluation shppf Contacted: S� Date: �- j ._� % Phone: Materials presented at public meetings shall become property of the City of Meridian. 00 �G S 1-c Preparing Today's O i students For N Toorrow's m Challenges. Joint School District No. 2 Fogle , Merk6o 911 Meridian Street • Meridian, Idaho 83642 • (208) 888-6701 • Fax (208) 888-6700 SUPERINTENDENT Christine H. Donnell R1u TVED December 20, 2000 DEC 2 2 ZQoa CI'T'Y OF MERID10 City of Meridian 33 East Idaho Meridian, Idaho 83642 Dear Councilmen: Enclosed for your review is general information relative to schools located in the proposed project area. If you have any questions, please contact Wendel Bigham at 888-6701. Reference: Staten Park Subdivision Elementary School: Chaparral Elementary School Middle School: Meridian Middle School High School: Eagle High School Comments and/or Recommendations: Chaparral Elementary School is over capacity. Meridian Middle School is at capacity. At this point the school district is dealing with growth by providing portable classrooms. Eagle High School is over capacity, but with the passage of the General Obligation Bond Election on September 19th a new high school will soon be under construction. We can predict that these homes, when completed, will house eight (8) elementary aged children, seven (7) middle school aged children, and nine (9) senior high aged students. Sincerely, Wendel Bigham, Supervisor of Facilities & Construction n;: MAYOR Robert D. Come HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN LEGAL DEPARTMENT (208) 238-2499 •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 Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: Transmittal Date: December 18, 2000 File No.: PP 00-027 January 10, 2001 Hearing Date: January 18, 2001 Request: Preliminary Plat of 24 building lots and 5 other lots on 8.15 acres in a Proposed R-4 Zone for proposed Staten Park Subdivision By: Leavitt and Associates Engineering Location of Property or Project: Black Cat Road and Ustick Road Sally Norton, P/Z Bill Nary, P/Z Jerry Centers, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Fire Department Police Department Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department Your Concise Remarks: Of -0/-0( City Attorney /Sk 6t -,e,0, -r- k 4- 1-2 ea S City Engineer City Planner /4 LL. Cta`Da 3 L` i GC-- 23 .4e- M Parks Department (Residential Applications only) r ste�Fs 14A -.)D Shy+445 Aip� e— Sigws �w_,ocP Gen - 26 PP/FPlPFP - 30 AZ - 27 ^ -e— co.) Sts.. -J -a + W D .��t/S 1'4 G beC () JAN " 4 2001 City of Meridian City Clerk Offioa C� J4* Iz 2I 20av Date EVALUATION SHEET Date /�-a2 C9 -0O kOflB� r Proposed Development Name STATEN PARK SUBDIVISION File No. PP 00-027 Date Reviewed 12/21/2000 Preliminary Stage X Final 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 Ada County Street Name Ordinance. The following existing streets shall appear on the plat. " W. USTICK ROAD " " N. BLACK CAT ROAD " The following proposed street names have been approved. " N. SUNNY SIDE AVENUE " " N. SUNNY SIDE PLACE " " W. CAMPFIRE STREET " " W MORNING STAR 4010y 11n " W. COALFIELD ROAD " is in alignment with " W. NIEMANN DRIVE " and shall go by " W NIEMANN STREET" 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/her designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE AGENCY REPRES NTATIVES OR DESIGNEES Ada County Engineer Community Planning Assn City of Meridian Meridian Fire District John Priester Sherri Pillow 1 Cheryl Sable L Representative Date Date Iz 2I 20av Date a s� Date /�-a2 C9 -0O 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 3N1W03 Section NUMBERING OF LOTS AND BLOCKS 47-1 Zi� K:\Data\Word\Ir\BOISE CITY EVALUATION SHEET.doc WVED JAN - 5 2051 Off OFilEUMN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 January 3, 2001 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 Re: PP 00-027 Preliminary Plat in proposed R-4 zone for proposed Staten Park Subdivision Dear Commissioners: The Nampa & Meridian Irrigation District's Eightmile Lateral courses along the south boundary of the above-mentioned proposed project. The right-of-way of the Eightmile Lateral must be protected. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: din Cc: File — Shop File — Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 CP CENTRAL PEALTH STRICT DEPARTMENT Rezone # Conditional Use # CENTRAL DISTRICT HEALTH DEPARTMENT Environmental Health Division / Final / Short Plat VV0�� Return to: ❑ Boise ❑ Eagle ❑ Garden City �Oeridian ❑ Kuna ❑ ACZ ❑ Star v�N❑ 1. We have No Objections to this Proposal. -144F 7) ❑ 2. We recommend Denial of this Proposal.cjtyCle' 0% LJ3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proe�lQca e ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other ❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: `central sewage ❑ community sewage system ❑ community water well ❑ interim sewage >a -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 Rf Environmental Quality: central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines central water k10. Run-off is not to create a mosquito breeding problem. ❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store l s 14. �� - f c Qat 5 � Sf — �!/ 6 Co a.; Date: d � Reviewed By: �z l Review Sheet CDHD 9/00 Ikc CENTRAL •• DISTRICT WHEALTH DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL. - BOISE, ID 83704-0825 - (208) 375-5211 - FAX 321-8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. STORM WATER MANAGEMENT RECOMMENDATIONS It is recommended that storm water be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: State of Idaho Catalog of Stormwater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, January 1997. 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 1606 Robert St. Boise, ID 83705 Ph. 334-3355 FAX: 334-3355 Elmore County Office 520 E. 8th Street N. Mountain Home, ID 83647 Enviro. Health: 587-9225 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 RECEIVED JAN 12 2001 CITY OF MERIDIAN ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report Preliminary Plat -Staten Park/MPP-00-027 Ustick Road c/o Black Cat Road 29 -lots An application has been submitted to ACHD from the City of Meridian for preliminary plat approval. Staten Park is a29 -lot residential subdivision on 8.15 -acres. The applicant is also requesting a rezone from RT to R-4. The site is located on the south side of Ustick Road approximately 850 feet west of Black Cat Road. This development is estimated to generate 240 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. .00 Roads impacted by this development: Ustick Road Black Cat Road 0 ACHD Commission Date — January 17, 2001 - 12:00 p.m. STATENPARK.cmm PaL,e ] W. -II.— sl -low 13 Pj N GMJPW WAM 1 hLb 9L am ftwai LPN re, 091 10 4 ad.. 1,302-- 10 -135.. S89'10'38"E �f 589'10'38"E 1314.32 -- -- -- -_535.54' I d6 I I I I I I I I LO I r- '61 '61 1 I � I � I o � I I Co � I a0 I C a I eq V I N I O M MI OI 1 ZI I I I 13 I N F'jG,y O ro ro tis°' Soy, � Mi�F o A9,� ros�TFRq4 � N 69 , I 2p? D3., \ . I \ I �NSR� I 3, GRAPHIC SCALE ��ss °o 100 0 50 100 200 300 \ � I ( IN FEET), 1 inch = 100 ft. lq 4 \ I � I s tiY9A psi S° S� d® 3 4 7 NN� g H c a G Q HH N I�I W S it W a �*�� VSs rrF-1 V'1 d® 3 4 7 a Y �*�� VSs •s��p�� H a A i O � .i t J•• � � � � d® Facts and Findings: A. General Information Owner — Stewart and Verla Terry Applicant — D'Alessis Building Development R-4 - Existing zoning 8.15 - Acres 24 - Proposed building lots 5 - Proposed common lots 1,650 - Total lineal feet of proposed public streets 260 - Traffic Analysis Zone JAZ) West Ada - Impact Fee Service Area Meridian - Impact Fee Assessment District Ustick Road Minor arterial with bike lane designation Traffic count of 2,439 5-2-00 (e/o Black Cat Road) Better than C - Existing Level of Service Better than C - Existing plus project build -out Level of Service 535 -feet of frontage 50 -feet existing right-of-way (25 -feet from centerline) 96 -feet required right-of-way (48 -feet from centerline) Ustick Road is improved with 24 -feet of pavement with no curb, gutter or sidewalk abutting the site. Sidewalk is existing on previously developed segments of Ustick Road. Black Cat Road Minor arterial with bike lane designation Traffic count of 2,688 on 7-6-00 (n/o Cherry Lane) 0 -feet of frontage Black Cat Road is improved with two travel lanes with no curb or gutter, but there is sidewalk abutting the developed segments. B. On January 2, 2001, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On January 5, 2001, the staff met as the District's Technical Review Committee and reviewed the impacts of this proposed development on the District's transportation system. The results of that analysis constitute the following Facts and Findings and recommended Site Specific Requirements. C. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. STATENPARK.cmm Page 2 moo. m. D. The applicant should be required to constrict a 5 -foot wide concrete sidewalk on Ustick Road abutting the parcel located 2 -feet within the new right-of-way. Coordinate the location and elevation with District staff. E. Any irrigation facilities should be relocated outside of the new right-of-way on Ustick Road. F. All above -ground utilities and other obstructions should be relocated behind the required sidewalk unless specifically approved by Development Services. G. The applicant is proposing to constrict Surmyside Road off of Ustick Road, located approximately 100 -feet west of the east property line. District policy requires public streets to align or offset a minimum of 125 -feet from any existing or proposed streets. The proposed public street conforms to District policy. H. All streets within the subdivision should be located to align or offset a minimum of 125 -feet from centerline to centerline. The applicant is proposing to extend Campfire Street into the site at the east property line from the Wilkins Ranch Subdivision, between Lot 6, Block 4, and Lot 11, Block 3. Staff supports this connection. The applicant is proposing to stub Coalfield Road to the undeveloped parcel west of the site, between Lot 1, Block 3 and Lot 6, Block 1. District staff supports the location of the stub street. The applicant should not be required to provide a paved temporary turnaround at the west end of the stub street because it is only one lot in depth. The applicant should be required to install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. K. Unless otherwise approved, the applicant should be required to construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. L. The turnarounds should be constructed to provide a minimum turning radius of 45 -feet. M. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. N. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will be adequate to accommodate additional traffic generated by this proposed development with the requirements outlined within this report. STATENPARK.cmm Pa< -e ..MN The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: 1. Dedicate 48 -feet of right-of-way from the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required pennits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way. 2. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 3. Construct a 5 -foot wide concrete sidewalk on Ustick Road abutting the parcel located 2 -feet within the new right-of-way. Coordinate the location and elevation with District staff. 4. Any irrigation facilities shall be relocated outside of the new right-of-way on Ustick Road. 5. All above -ground utilities and other obstructions should be relocated behind the required sidewalk unless specifically approved by Development Services. 6. Construct Sunnyside Road off of Ustick Road located to align or offset a minimum of 125 -feet from any existing or proposed streets. All streets within the subdivision shall be located to align or offset a minimum of 125 -feet from centerline to centerline. Extend Campfire Street into the site at the east property line from the Wilkins Ranch Subdivision, between Lot 6, Block 4, and Lot 11, Block 3. 9. Stub Coalfield Road to the undeveloped parcel west of the site, between Lot 1, Block 3 and Lot 6, Block 1, as proposed. Install a sign at the tenninus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 10. Constrict all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. 11. Construct the turnarounds to provide a minimum turning radius of 45 -feet. 12. Any proposed landscape islands/hnedians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. STATENPARK.cmm Paee 4 13. Other than the public street specifically approved with this application, direct lot or parcel access to Ustick Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Y. Commission on the next available meeting agenda. x AV, Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact STATENPARK.cni m Pane 5 0 ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confinnation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted by - Planning and Development Staff Commission Action: STATL-NPARK.cmm Pace 6 HUB OF TREASURE VALLEY MAYOR A Good Place to Live I Robert D. Corrie CITY OF MERIDIAN , (•��P1 � COUNCIL MEMBERS Ron Anderson 33 EAST IDAHO Keith Bird MERIDIAN, IDAHO 83642 Tamnry deWeerd Cherie McCandless (208) 888-4433 • FAX (208) 887-4813 City Qerk Office Fax 208 888-4218 , v MEMORANDUM: January 12, 2001 RE C E TV To: Mayor, City Council and Planning & Zoning Commission From: Steve Siddoway, Planner ��"'�" JAN 16 2001 City of Meridian Re: Staten Park Subdivision City Clerk Offic, • Annexation and Zoning of 8.15 Acres from RT to R-4 by Leavitt & Assoc. Engineering (File AZ -00-025). • Preliminary Plat of 24 Building Lots and 5 other lots by Leavitt & Assoc. Engineering (File PP -00-027). 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 The parcel is located on the south side of Ustick Road, t/4 mile east of Black Cat Road. SURROUNDING PROPERTIES North: Ustick Road and unincorporated agricultural land, zoned RUT. South: Platted Lakes at Cherry Lane Subdivision, zoned R-4. East: Platted Wilkins Ranch Subdivision, zoned R-4. West: Rural Residential parcels, zoned RUT. ANNEXATION AND ZONING COMMENTS 1. The legal description submitted with the application meets the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. 2. The requested zoning of R-4 is compatible with adjacent properties within the City and with the Comprehensive Plan land use designation of single-family residential. 3. The subject property is within the Urban Service Planning Area. Essential City services are available to the subject property. 4. Staff believes the requested zoning amendment meets the required findings of Ordinance 11- 15-1 LA—L. 5. A Development Agreement will not be required as a condition of annexation. AZ-OM25, PP -00.027 Staten Park Sub.AZ.PP.doc Planning & Zoning Comn_.,sion/Mayor & City Council January 12, 2001 Page 2 PRELIMINARY PLAT COMMENTS Obtain a letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. Sanitary sewer to this site shall be via extensions from mains proposed to be installed in the adjacent phases of Wilkins Ranch Subdivision. Water service to this site shall be via extensions from existing mains in Ustick Road. Subdivision designer to coordinate main sizing and routing with the Public Works Department. The lots within this development will be subject to applicable latecomer fees. 4. Two -hundred -fifty- and 100 -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 5. Staff supports the development features of the subdivision, including the walking path adjacent to Eight Mile Lateral. However, staff has questions about how the pathway will be designed within the 8 -foot -wide common lot, typical landscaping, restrictions on adjacent fences, etc. Staff recommends restricting the fence height adjacent to the pathway to a 4 - foot -high solid fence; an additional two feet of see-through material (i.e. lattice) may be added if desired. Applicant should address these issues with a typical cross section at the hearing. If possible, submit the cross section to the City Clerk for distribution prior to the hearing. 6. Applicant shall be responsible to construct permanent perimeter fencing, 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. Five percent (5%) common open space is required per City Ordinance 12-13-16. Staff believes the proposed plat conforms to this requirement. However, no calculations were submitted with the application. The applicant should verify the actual area provided. 8. A detailed landscape plan for the common areas, including fencing locations, pathways and types of construction, shall be submitted for review and approval with the submittal of the final plat. The plan must include sizes and species of trees, shrubs, berming/swale details, and all proposed ground cover/treatment. No fencing will be permitted within the landscape buffers. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 9. Staff has concerns about the offset road alignment at the intersection of Sunnyside Road with Morning Star Circle and W. Campfire Street. Staff believes Morning Star Circle may be able to be aligned with Campfire Street and then bent in alignment with the southern property line AZ4"25, PP -00.027 Stun Park S&AZ.PP.doc Planning & Zoning Comn—,sion/Mayor & City Council January 12, 2001 Page 3 and still maintain the same number of lots. The applicant should be prepared to address this concern at the hearing. 10. In accordance with City Ordinance 12-13-8-1, underground year-round pressurized irrigation must be provided to all common landscape areas on site. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the common landscaped areas. Applicant shall submit irrigation performance specifications in compliance with Ordinance 12-13-8-2 when applying for a Final Plat. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by an association or the Nampa & Meridian Irrigation District. If the system is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. 11. The soils investigation report submitted with the application indicates that groundwater was encountered at some fairly shallow depths within the project site (approximately 5.5 feet deep). Design engineer to provide a statement of compliance, prior to the approval of development plans, that certifies that the centerline finish grade of the streets, public or private, is at least three feet above the established normal ground water elevation. This is an effort to ensure that the building footings are at least one foot above the high groundwater. 12. Submit compaction test results to the Meridian Building Department for any lots receiving fill material. 13. The applicant has requested a waiver from the requirement to tile Eight Mile Lateral. The waiver has been granted to other adjacent subdivisions, as well. 14. Note 1 states the current zoning is R-4. This should be corrected to state that current zoning is RUT and proposed zoning is R-4. 15. Submit ten copies of any required revisions to the preliminary plat at least ten (10) days prior to public hearing at City Council. 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. The ditches to be piped should be shown on the site plans. 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. The applicant has requested a waiver of this requirement along the Eight Mile Lateral. AZ -00-025, PP -00.027 Staten Park Sub.AZ.PP.doc Planning & Zoning Comn—,;ion/Mayor & City Council January 12, 2001 Page 4 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Five -foot -wide sidewalks and pedestrian walkways shall be provided in accordance with City Ordinance Section 12-5-2.K. RECOMMENDATION Staff recommends approval of the application, with the comments noted above. AZ -004D25, PP -00.027 Stalin Park Sub.AZ.PP.doc i0.3Sed bbL0b8880E MAYOR HUB OF TREASURE VALLEY Robert D. Corrie A Good Place to Live CITE' COUNCIL MEMBERS CITY OF MERIDIAN Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 - Fax (208) 887-4813 City Clerk Office Fax (208) 888.4218 OS:80 00, ZZ 33Q LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 - Fax 837.1297 PLANNING AND ZONING DEPARTMENT (203) 884.5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: January 10, 2001 Transmittal Date: December 18, 2000 Hearing Date: File No.: PP 00-027 January 18, 2001 Request: Preliminary Plat of 24 building lots and 5 other lots on 8.15 acres in a Proposed R-4 Zone for proposed Staten Park Subdivision By: Leavitt and Associates Engineering Location of Property or Project: Black Cat Road and Ustick Road Sally Norton, PIZ Bili Nary, PIZ Jerry Centers, PIZ Richard Hatcher, PIZ Keith Borup, PIZ Robert Carrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department -T Sewer Department Sanitary Service Building r) !J Fire Department Police Department City Attorney City Engineer City Planner Parks Department Gen - 25 PP/FPfPFP • 3Q AZ - 27 Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department RUG"vED DEC 2 2 2000 CITY OF MERIDIAN 1_AiTAd bbl_&17QQ9AZ=aI MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless .-. 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 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 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: January 10, 2001 Transmittal Date: December 18, 2000 Hearing Date: January 18, 2001 File No.: PP 00-027 Request: Preliminary Plat of 24 building lots and 5 other lots on 8.15 acres in a Proposed R-4 Zone for proposed Staten Park Subdivision By: Leavitt and Associates Engineering Location of Property or Project: Black Cat Road and Ustick Road Sally Norton, P/Z Bill Nary, P/Z Jerry Centers, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department (Resides Gen - 26 PP/FP/PFP - 30 AZ - 27 Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department Vni it (`nnricc Domorl.-- EGE'vED DEC 2 1 2000 City of Meridian. ('itv Clerk Offiec 01/05/2001 07:18 2088885052 SANITARY SERVICE PAGE 02 MAYOR NUB OF TREASURE VALLEY Robert D Come A Good Place to Live LEGAL DEPARTMENT CITY COUNCIL CITY OF MERIDIAN (208) 28S-2499 - Fax X01 h1EMBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887.2211 • Fax 887.1297 Tammy deWeerd (208) 888-"33 - Fax (208) 8874813 PLANNING AND ZONING Cherie i1cCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208)884-5533 - Fax 888.6851 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: January 10, 2001 Transmittal Date: December 18, 2000 Hearing Date: January 18, 2001 File No.: PP 00-027 Request: Preliminary Plat of 24 building lots and 5 other lots on 8.15 acres in a Proposed R-4 Zone for proposed Staten Park Subdivision By. Leavitt and Associates Engineering Location of Property or Project. R!?rk Cat Road and Ust ck Road Sally Norton; P/Z Bill Nary, P/Z Jerry Centers, P/Z Richard Hatcher, PIZ Keith Borup, PIZ Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C water Department Sewer Department _1L Sanitary Service Building Department Fire Department Police Department City Attorney �r City Engineer Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department Your Concise Remarks: -F City Planner _ Parks Department (Reslaentiai Gen • 26 PPIPP/PPP . 30 AZ • 21 JAN 05 '01 07:34 wN��wuu��y anryJ jvx" JAN - 5 2001 City of Meridian Cites Clerk Office MAYOR Robert D. Come CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless 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 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 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: January 10, 2001 Transmittal Date: December 18, 2000 Hearing Date: January 18, 2001 File No.: PP 00-027 Request: Preliminary Plat of 24 building lots and 5 other lots on 8.15 acres in a Proposed R-4 Zone for proposed Staten Park Subdivision By: Leavitt and Associates Engineering Location of Property or Project: Black Cat Road and Us tick Road Sally Norton, P/Z Bill Nary, P/Z Jerry Centers, 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, CIC -C Water Department Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer Your Concise Remarks: City Planner Parks Department (Residential Applications only) Gen - 26 PP/FP/PFP - 30 AZ .27 Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department /.2 - 1?.ECErV-E]) n F C 2 2 2000 CITY OF MERIDIAN _ The Idaho _ Statesman P.O. Box 40, Boise, Idaho 83707-0040 LEGAL ADVERTISING PROOF OF PUBLICATION Account # DTI# Identification Amount: 064514 380190 NOTICE OF HEARING $86.52 Ordered by: P.O. # Rate Run Dates NT DEC. 29, 2000, JAN. 12, 2001 CITY OF MERIDIAN Number of Lines 33 EAST IDAHO ST. 58 MERIDIAN, ID 83642 Affidavit Legal # 1 9185 LEGAL NOTICE 4- PUBLIC HEARING' NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho that the aPlanning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m. on January 18, 2001, for the purpose { of reviewing and considering the applica- ,.tions of: . . The Land Group, Inc, for Preliminary :Plat approval of 5 building lots on 6.95 ,jacres in an L -O zone for the proposed -Mallane Commercial Complex generally I located at the northwest corner of Fair- view Avenue and North Hickory Way; ', %, arias:".BRS Architects for rezone of 8.88 acres from R-4 to L -O for St.,Alphonsus *.Regional Medical Center `Ambulatory 'Care Center; furthermorei'the applicant also requests a Conditional Use Permit for a Planned Development in a proposed L -O zone for proposed St. Alphonsus xRegional `'Medical _Center :generally Located on the southeast corner of CherryLane and Ten Mile Road; "�;, . >:Treasure Valley Engineers; Inc.; for a Conditional Use Permit to construct a new `office / warehouse building in a floodplain 17for Bid D :Builders generally,: located at f andBaltic Place and associates Engineering for ,requests Preliminary Plat approval of 24 building lots and 5 other lots on 8.15 acres in a'Proposed• R-4 zone for 'proposed Staten Park Subdivision generally located ,:east of Black Cat Road and south of Ustick 'Road; " Janet Torgensen for a Conditional Use Permit for a child care center for 24 chil- dren In an R-15 zone for proposed ABC Club Daycare and Preschool located at 650 West Broadway; Hubble Engineering for annexation and zoning of 5.4 acres from RT to R-8 for a Proposed Planned Unit Development for proposed Kodiak Development generally located west of Meridian Road ;one-half mile south of Overland Road; Pub. Dec. 29, 2000, Jan.12 2001 9185 JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, in conformity with Section 60-108, Idaho Code, as amended for: TWO consecutive weekly =single =consecutive daily Eilodd skip insertion(s) beginning with the issue of: DECEMBER 2 9 2000 and ending with the issue of: JANUARY 12 2001 STATE OF IDAHO v ) )ss COUNTY OF ADA On this 12 day of JANUARY in the year of 2001 before me, a Notary Public, personally appeared before me Janice Hildreth known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the state- ments therein are true, and acknowledged to me that she executed the same. Notary Public for Id o Residing at: Boise, Idaho W�sod�4ii$ �stiilln.R�cpires: � � C' •` q .• •gg �OTARI, .'yooam �i * '� • PUB •: •� . •O. � •'•, ,9 •'•, goes* so . P4 ,o 8"8888181111 0 F 0) .011 '8.8818111.%0• NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho at the hour of 7:00 p.m. on January 18, 2001, for the purpose of reviewing and considering the application of Leavitt and Associates Engineering for annexation and zoning of 8.15 acres from RT to R-4 for proposed Staten Park Subdivision; Furthermore, the applicant also requests Preliminary Plat approval of 24 building lots and 5 other lots on 8.15 acres in a proposed R-4 zone for proposed Staten Park Subdivision generally located east of Black Cat Road and south Ustick Road. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 14th day of December, 2000 WILLIAM G. BERG, JR., C;ITY"CLERK PUBLISH December 29th, 2000 and January 12th, 2001 8 L is 7{fi{QTS#s;:.i �'tSsik�i1�Rl City of Meridian --. - Staten Park Subdivision City Clerk's Office 33 East Idaho Meridian, ID 8364 2 Eugene & Ardyce Quenzer 4020 N. Black Cat Rd. Meridian Id 83642 Frank & Jean Johnson Trust 4010 W. Ustick Rd. Meridian Id 83642 Ross & Lori Miller 6970 Ustick Rd. Meridian Id 83642 Stewart Miles & Vena Terry 3709 Pasadena Dr. Boise Id 83705 Louis Steiner 554 E. Bellevue Rd. Ste B Atwater Ca 95301 John & Ruth Wilkins 3764 W. Ustick Rd. Meridian Id 83642 Michael & Karen Sorensen 3150 N. Black Cat Rd. Meridian Id 83642 Charles & Dawn Geselie 4630 W. Moon lake Dr. Meridian Id 83642 Gary Bogenreif 4604 W. Moon Lake Dr. Meridian Id 83642 Allen & Deborah Aiisbrook 4588 W. Moonlake Dr. Meridian Id 83642 Gary & Amy Rice 4575 Moon Lake Dr. Meridian Id 83642 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City hail, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m. on January 18, 2001, for the purpose of reviewing and considering the applications of: The Land Group, Inc., for Preliminary Plat approval of 5 building lots on 6.95 acres in an L -O zone for the proposed Mallane Commercial Complex generally located at the northwest corner of Fairview Avenue and North Hickory Way; BRS Architects for rezone of 8.88 acres from R-4 to L -O for St. Alphonsus Regional Medical Center Ambulatory Care Center; furthermore, the applicant also requests a Conditional Use Permit for a Planned Development in a proposed L -O zone for proposed St. Alphonsus Regional Medical Center generally located on the southeast corner of Cherry Lane and Ten Mile Road; Treasure Valley Engineers, Inc., for a Conditional Use Permit to construct a new office / warehouse building in a floodplain for Big D Builders generally located at King Street and Baltic Place; Leavitt and Associates Engineering for annexation and zoning of 8.15 acres from RT to R-4 for proposed Staten Park Subdivision; furthermore the applicant also requests Preliminary Plat approval of 24 building lots and 5 other lots on 8.15 acres in a proposed R-4 zone for proposed Staten Park Subdivision generally located east of Black Cat Road and south of Ustick Road; Janet Torgensen for a Conditional Use Permit for a child care center for 24 children in an R-15 zone for proposed ABC Club Daycare and Preschool located at 650 West Broadway; Hubble Engineering for annexation and zoning of 5.4 acres from RT to R-8 for a proposed Planned Unit Development for proposed Kodiak Development generally located west of Meridian Road one-half mile south of Overland Road; PUBLISH December 29th, 2000 and January 12th, 2001 Meridian City Council Meeting February 20, 2001 Pg. 47 MOTION FAILS - TIEBREAKER: THREE AYES, TWO NAYES Okay, with that on the Item 10, Item 11 is the request for Preliminary Plat, and I believe that would be moot at this point, so I will entertain a motion to deny the request for Preliminary Plat. Bird: So moved. Corrie: Motion is made do I hear a second to deny the Preliminary Plat on the Staten Park Subdivision, any further discussion? De Weerd: Second. Corrie: All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Motion is carried. Item 11. Public Hearing: PP 00-027 Request for Preliminary Plat approval of 24 building lots and 5 other lots on 8.15 acres in a proposed R-4 zone for proposed Staten Park Subdivision by Leavitt and Associates — east of Black Cat Road and south of Ustick Road Item 12. Public Hearing: CUP 00-058 Request for Conditional Use Permit for a child-care center for 24 children in an R-15 zone for proposed ABC Club Daycare and Preschool by Janet Torgensen — 650 West Broadway Corrie: At this point I will open the Public Hearing and invite staff comments on the conditions for that. Stiles: Mr. Mayor and members of Council this is a request for a daycare at 650 West Broadway Avenue. The property is located across the street from the industrial zoned property there is the Jehovah's Witness Kingdom Hall here -- *** End of Side Three *** Stiles: --the mixed uses up and down this street the concrete, some kind of a concrete casting business, further down there are some residential. There is a mixture of industrial and some residential use on the southern property, the property south of Broadway Avenue. The applicant is requesting for a childcare center for up to 24 students, property is 1.97 acres. We did receive a recommendation from the Planning and Zoning Commission for approval. I did get a letter just today from the Ada County Highway District that had changed their recommendation to allow the full 40 -foot width of driveway to remain as is if Meridian City Council Meeting March 6, 2001 Page 16 Bird: Second. Corrie: Motion made and seconded about the resolution for the Meridian Urban Renewal No. 1. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES u Item 8. AZ 00-025 and PP 00-027: Staten Park Subdivision Discussion requested by D'Alessio Building Development regarding the February 20, 2001, City Council vote for denial: Corrie: Council, there are two other areas here the Findings of Facts of Law on the annexation and also the Preliminary Plat. It was for tonight. I understand that if the Council wishes to hear this request for denial the Council can either accept or reject the request to be hearing it. Now, if you accept to rehear it, correct me if I am wrong Mr. Attorney, then we would have to set a Public Hearing again on the annexation and zoning and Final Plat, is that correct? Nichols: Mr. Mayor and Members of Council that is correct. The request from Mr. D'Alessio is for the Council to consider additional information that Mr. D'Alessio believes that the Council did not have an opportunity to hear because of discussion that followed the close of the Public Hearing. So if the Council decides to look at this again, we would have to have another hearing. Corrie: Council if you wish to hear the brooks rebuttal on the denial that was given on the Findings of Facts and Conclusions of Law. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I believe that the two naye votes would be proper for them to say whether they would like to see it reopened or not. I believe that was Councilman Anderson and Councilwoman de Weerd. Corrie: Okay, let us hear from Councilman Anderson. Anderson: Mr. Mayor, my comments that evening were not subject to rebuttal. They were just part of the discussion prior to the vote which is normal process with the Council meetings. There was a request along with this to put in a chainlink fence, which was not something that was the desire of the Council or the staff and that is one of the reasons why I denied it or voted to deny it. The other item that I had was that I believe and I stated it at the meeting that even though this subdivision appears to meet our Ordinances in size, I think this is just another stamp of a blue print of a 8,000 square foot lot in Meridian, and I think Meridian City Council Meeting March 6, 2001 Page 17 Meridian has hundreds of these and it would be my thought and my desire to see something in an area that I consider one of the jewels of Meridian around our golf course area that I would like to see a little larger lot size in that area and something other than just the standard stamped 8,000 square foot lot that we see in every subdivision that comes before us. Those were my remarks. Corrie: Okay, Mrs. de Weerd. De Weerd: I do not thing we had anything that was specific to the application to really discuss that was not already discussed so, I would stand by my vote. Corrie: Okay, then we will take a vote here, whether Council wants to hear further discussion on D'Alessio's development. Mr. Berg. Bird: Mr. Mayor let me ask the two Council people that were naye. Do you believe that anything that you stated after the Public Hearing was closed was something that the applicant should have been able to respond to -- *** End of Side One *** Bird: -- statements. Which I believe they were. Anderson: That is the way I viewed them. It was not something for rebuttal. li was just a statement that these are the things that are influencing my decision on how I am going to vote. I guess I would also ask to that since that was a tie vote on the Council and the Mayor broke the tie, it is appropriate for him to maybe speak about his reasons too? Bird: I think so too. Would you do that? Corrie: Yes. I would like to hear what they have to say. I know that a bunch of my concession was based upon the fencing and then the sizes and the cookie cutter type development. I do not know what their plans would be differently than they have presented already, but I would be willing to listen to them again. And then let them have another shot at it because like I say they are in an R-4 and are correct for the Ordinance in R-4. I think that if it is a 2 to 2 again, that I would give them the chance on the 20th to make their case. And they did not to the Council, then — Nichols: Mr. Mayor, we would have to put it off until the first meeting in April because of the requisite time for the noticed to be published in the newspaper. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Meridian City Council Meeting March 6, 2001 Page 18 Anderson: Just a question of the City Attorney, I mean procedurally to reopen this would not one of the Council people have to resend their vote? That voted in the naye. Nichols: Councilman Anderson, Mayor, and members of the Council if I understand my Parliamentary Procedure correctly and that may be a big if this is essentially a motion to reconsider. A motion to reconsider must be made by one of the members of the governing body who voted in favor of the motion that passed or voted with the majority. So the majority was to deny the application, so I would say it would have to be you, Councilman Anderson, or Councilwoman de Weerd that would have to make the motion to have this reopened up and have a new hearing. The second can be any other member of the Council. Corrie: Since I cannot make a motion — Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I just would reiterate then that I would stand by my statements that I made prior to the vote and at this point would not be willing to reconsider. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: As everyone knows, I have a problem closing a Public Hearing and making our philosophical statements, but because that is what the will of the Council is I go by it. I do not like to keep dredging up every single application that we deny and rehash it. We kind of decided that we were not going to do that anymore, so I will go with the theme on that as well, so I stand by my decision as well. Corrie: Then based upon that nobody is going to make the change, and then the request for rebuttal is moot at this point. Item 9. Findings of Facts and Conclusions of Law of Denial: AZ 00-025 Request for annexation and zoning of 8.15 acres from an Ada County RT zone to R-4 for proposed Staten Park Subdivision by Leavitt and Associates — east of Black Cat Road and south of Ustick Road: Corrie: Council, you have the Item 9 Findings of Facts in front of you. Any discussion on the rezone from RT to R-4 on the Staten Park on Black Cat and south of Ustick Road? ,.N ,0-.1 Meridian Planning and Zoning Cummission Meeting January 18, 2001 Page 78 Item 11. Public Hearing: PIP 00.027 Preliminary Plat approval of 24 building lots and 5 other lots on 8.15 acres in a proposed R-4 zone for proposed Staten Park Subdivision by Leavitt and Associates — Black Cat Road and Ustick Road: Borup: Should we get on to something different? Does anybody else here still want us to continue? Item No. 10 and 11 public hearing for request for annexation and zoning of 8.15 acres from RT to R-4 by Leavitt and Associates engineering for proposed Staten Park Subdivision. With that is the Preliminary Plat approval of 24 building lots on the same parcel. I would like to open those two public hearings and start with the staff report. Hawkins -Clark: Thank you. Again we have the property on the south side of Ustick. The Wilkins Ranch Subdivision, which I believe you, saw several months ago is immediately to the east. The Lakes at Cherry Lane Subdivision is here to the south. This is currently unincorporated County, currently agricultural pastureland. This is looking south from Ustick. As far as our conditions we ask that the memo dated January 12, 2001 from Steve Siddoway be incorporated. Clarify three different points in his memo on number five just to point out we did ask that the applicant address the walking path and how that will be fenced. Again we are referring to this southern most southern boundary of the plat. I believe the applicant did submit and should have received at you desks this evening an 8 %2 by 11 that showed the proposed 4 -foot chain-link fence on both sides with an eight -foot I guess that's a five-foot base there. On number seven we are asking that the applicant verify that the five -percent open space is indeed medded (sic). No calculations were submitted it appears that they do meet it but we wanted to have that confirmed with you as the Commission. Then number nine we had concerns about the offset road alignment. ACHD did not have a problem with that. That was something that Steve raised the point being you that as you come off this stub road here from Wilkins the traffic in the right lane here if you take that straight across is more or less right in alignment with the right travel lane heading eastbound so you may have headlight glare there. Christi Richardson at Ada County Highway District seemed to think that as local road and with only an eight -acre plat the amount of traffic and potential conflict with that alignment didn't warrant in their mind a realignment of that street. Steve did make a suggestion there as far as possible modification if this lot. Here was — you carried this road alignment off the north part of this lot and then kind of maintained the curvature here that given the size and depth of some of these lots. It may still be able to keep this same number of lots here in this cul-de-sac it would just change the configuration of them and still be able to meet that. To make that less of a glare issue. Then Item No. 13 the applicant has requested a waiver from the requirement to tile the Eight -Mile Lateral and City Council of course is the body that has to make that final decision. We do ask that you do make a recommendation on that. That's it thanks. Meridian Planning and Zoning Cummission Meeting January 18, 2001 Page 79 Borup: Any questions from the Commission? Would the applicant like to have anything to say? Smith: Good evening my name is Kurt Smith I work with — I guess I need my address I live at 2587 Southside Boulevard, Melba, Idaho. I work with Leavitt and Associate Engineers and will be representing my client here tonight. We are planning a modest in -field development with homes ranging from 135,000 to 150,000 dollars. These homes will range from 1,450 square -feet to 1,800 square -feet. We are adjacent to Wilkins Ranch it lies directly along our east border and Cherry Lane No. 9 is to our south. There is another project on the west side of Black Cat that we're unfamiliar with the reason we know it exists is because they are out there moving dirt although we don't have any details on what's going on there. R-4 zoning is compatible with adjacent properties and the property is within the urban service planning area. Essential City services are also available. A Development Agreement will not be required and there will be a walking path along the Eight Mile lateral as staff said. I'm glad you did get that typical cross section we did turn that in today because we got this report yesterday. We've been working trying to get things accomplished. As far as staffs requirement on the five -percent common area it is compliant with the Ordinance. We are providing 22,650 square -feet or approximately .52 acres of open space. This equates to 6.38 percent of the subdivision area. The concern about the off -set road alignment with Morningstar Circle and West Campfire we did look at this today it was possible to meet ACHD's requirements as far as lining them up exactly we could not keep the same number of lots. ACHD requirements for your information are that they will allow this size of a road to offset centerlines at the intersection18-feet. That's pretty much where we are at so we do meet their requirements. Our plan at this time is to connect our pressurized irrigation with Wilkins Ranch Subdivision in conversation with Bill Hensen at Nampa Meridian Irrigation District he said it would be better to have one large system than two separate systems for their maintenance. There is a high ground water table and it will not be a problem to design the streets three- foot above that. We're requesting a waiver for tiling the Eight -Mile Lateral as was mentioned. One of the main reasons for this is that this complies with Wilkins Ranch what they have done and also Cherry Lane No. 9. Plus this is -- it provides one of our amenities to the walking path a water — a view of water instead of a piped system. All common lots will be kept clear of trash and weeds and the developer is planning to keep all applicable codes. Streets and street name signs will be constructed and installed before building has started. We are planning to make the street name changes that are requested by the Ada County street naming committee. The right-of-way of the Eight -Mile Lateral will be protected and made accessible for walking as I have talked about earlier. Storm water management we will follow the recommendations of Central District Health Department. We will be following best management practices of The State of Idaho. Specifically numbers 38, which is a vegetated swell and also number 48, which is a dry extended retention pond this will negate any mosquito ponding there so that shouldn't be a problem. We are planning also to discharge a Meridian Planning and Zoning Cummission Meeting January 18, 2001 Page 80 predevelopment flow to the historic drainage way for this property. As far as density we are proposing a subdivision that has 8.15 acres with 24 building lots. This equates to a density of 2.94 lots per acre. This does conform with the adjacent subdivisions. Staff has recommended approval of this application we would hope that you would recommend this also to City Council and there is no opposition present in the room. I would like to point that out also. At this time I would like to address any questions that the Commissioners might have. Borup: Any questions from the Commission? Centers: How did you know there was no opposition in the room? Smith: I know everybody here. Borup: Did you address the staff comment on the fencing along the lateral? I missed that if you did. Smith: We did turn in that detail with the chain link fence along the lateral there. We wanted the pedestrians to have a view of the waterway. Borup: So you are proposing a six-foot chain link fence? Hatcher: It's in this. Borup: That was the one that came earlier I am sorry. Any other questions from the Commission? Thank you. Is there anyone here that would like to testify on this application? Seeing none. Hatcher: I move that we close the public hearing. Nary: Second. Borup: Motion is second to close the public hearing. All in favor? MOTION CARRIED: THREE AYES, ONE ABSENT Borup: Is there anything else you would like to do? Centers: Mr. Chairman. Borup: Commissioner Centers. Centers: I would like to move that we and make a motion that we approve and send to the City Council recommend for their approval AZ 00-025 request for annexation and zoning of 8.15 acres from RT to R-4 by Leavitt and Associates Meridian Planning and Zoning Cummission Meeting January 18, 2001 Page 81 engineering for proposed Staten Park Subdivision at Black Cat Road and Ustick Road. Borup: Did we close the public hearing? Commission: Yes. Borup: Did we close both of them? Commission: Yes. Borup: Okay. Sorry for the interruption. Go ahead. Centers: With that motion of course include all staff comments as submitted and recommended by them. Hatcher: Second. Borup: Motion is second. All in favor? MOTION CARRIED: THREE AYES, ONE ABSENT Borup: Thank you that was Item No. 10 the annexation and zoning. No. 11 on the Preliminary Plat. Centers: I would like to send to the City Council for their approval I move that we approve Item No. 11 PP 00-027 Preliminary Plat approval of 24 building lots and 5 other lots on 8.15 acres in a proposed R-4 zone for proposed Staten Park Subdivision by Leavitt and Associates. Included there in all staff comments as submitted. Nary: And probably the supplemental of the walking path — Centers: Correct. Nary: Second. Borup: Motion is second. All in favor? MOTION CARRIED: THREE AYES, ONE ABSENT Item 12. Public Hearing: AZ 00-026 Request for annexation and zoning of 5.4 acres from RT to R-8 for a proposed Planned Unit Development for proposed Kodiak Development by Hubble Engineering — Meridian Road and Overland Road: