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Woodhaven Subdivision PP 00-016fJ'U•1 _100�- J -U -a ENGINEERS, Inc. 250 S. Beechwood Avenue Suite 201 Boise, Idaho 83709-0944 Telephone: 208/376-7330 FAX: 208/323-9336 TO: Will Berg City Clerk City of Meridian 33 East Idaho St. Meridian ID 83642 GENTLEMEN: We are sending you the following items: ❑ SHOP DRAWINGS OPLANS ® ATTACHED ❑ PRINTS ElCOPY OF LETTER ❑ CATALOG SHEETS )PIES DATE or Is 10 5/8/00 LETTER OF TRANSMITTAL DATE: 5/$/00 Project No 11606 PROJECT NAME: Woodhaven Subdivision PROJECT MANAGER: Ga A Gary Lee., P.E./L.S. su=: Plans REcEr"jE MAY 0 8 2000 City Clerk ❑ UNDER SEPARATE COVER via ❑ SAMPLES ❑ CHANGE ORDER E SPECIFICATIONS Bluelines of Revised Sheets 1 and 2 of Prelimin ry THESE ARE TRANSMITTED AS CHECKED BELOW: ❑ FOR APPROVAL ❑ FOR YOUR USE ❑ AS REQUESTED ❑ FOR BIDS DUE ® FOR REVIEW AND COMMENT El FOR SIGNATURE ❑ PRINTS RETURNED AFTER LOAN TO US ❑ RETURNED FOR CORRECTIONS REMARKS: IF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY US AT ONCE. J -U -B ENGINE COPY FOR 'RS, Inc. --_ SIGNED: 1 :RF:C::EIVEDBY: Lee, P. Gary A. E./L.S., Pr t ngineer DATE: PLEASE SIGN, DATE, AND RETURN COPY TO J -U -B. 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 December 14, 1999, for the purpose of reviewing and considering the application of Dan Wood, D.W., Inc. for preliminary plat approval for 8.25 acres from RT to R8 zoning for proposed Woodhaven Subdivision located west of Eagle Road between Overland and west Victory Road. Further the applicant requests a conditional use permit for residential PUD for proposed Woodhaven Subdivision. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 19th day of November, 1999. �1tYi1H{111//!� Fo PUBLISH joveinbehOUd D errier 10, M ti_ r 1 61 4d��Q�`` sr t i ✓ TWILLIAM G. BERG, JR., Cl CLERK 1999 Z tu Q' _ L fl' tIJ LL U N =_� N a 09OO U)LL N"" N y O N Ql� Q ¢ � C O QLL 0 E O_ L O E ° m Oc 0 yq cnU Q V 70 t0 C � 0) a> 7 � c> N — O � c` 7 N Q 0 N ? 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FZ p1 v d CLE cr O o U m � " OS 0 � LL N a N co (O I� 00 O O T r r r F J lleW algelunooad ao:J i N co (O I� 00 O O T r r r F J lleW algelunooad ao:J ;p»$ w405.U- ee 6! )_� ¥LL � � E :\\ $ \ » %\ \ \ � \\\ \ \\ /f t 8 ° 2S5 CL 3 } ƒ7 k §z)CO k\\ CL CZ = o2 c—= &=a_ f\{ƒ7, 2a7\O §ISS CO a) CD LL k\\\ & \}\& 0 T. LL /S0-0 SS /w0 )ƒfoo £SSSS D } \ £ co Z (75 _ 0 E O co � Q F�`� E ?` 05- -o wLLI E 0. (\ \'o> ;�\!\® (D E \j(/@7 E E.E 2@E\&{ $2E \10 as �E\\ \ \LLI �\\\� -\)f/( \\0 �\ E5- !\S(@2 - o /'£-! \\{ 76 )2( \sr2() ) 2 - C., `o \§j\ -_\!I\% �\ TCL \\A 70 {0E CL -\\\�\ \ \ }\\0 \ cl % e ¢ �a 3 .0 » } { t a Q / � \ � � ■ I E 2 / � . } I) ) ƒ / § \ � A E /5\tk( ff.s�) / / f /_2«% # r. o=o IIBW a|qyal un0oo¥J0=1 ƒ / § \ � A E REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT AND/C4 FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: rVE1.) Nov0818ss) Cl a ls� P A request for preliminary plat approval must be in the City Clerk's possession no later than three days following the regular meeting of the Planning & Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month that the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P. M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION 1. Name of Annexation and Subdivision: Woodhaven Subdivision 2. General Location: Eagle Rd., between Overland and West Victory Road 3. Owners of Record: Robert L. Bell Address: 994 N. Caucus, Meridian , Zip 83642 Telephone 898-9247 4. Applicant: Dan Wood, D. W., Inc. Address: 13141 W. Bluebonnet Court L►p 83713 Telephone 331-6,348 3.31- 5. Engineer: Gary A. Lee, P.E./L.S. Firm: J -U -B ENGINEERS, Inc. 61 7` //7"Y 6. Name ai,d address to receive City billings- Name: Dan Wood Address 13141 W_ Rli,ehnnnet, Raise, 83713 Telephone 331-6348 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. 2. 3. 4. 5. 6. 7. 8. 9. 10 Acres: 8.25 Number of building lots: 45 Number of other lots: 3 Gross density per acre: 5.45 Net density per acre: 6.18 Zoning Classification(s): Requesting R8 If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile. what is the existing zoning classification? RT Does the plat border a potential green belt? No / McDonald Lateral Have recreational easements been provided for? No Are there proposed recreational amenities to the Citv? No Explain Homeowners park is provided Are Are there proposed dedications of common areas? Yes Explain Park dedicated to the homeowners association For future parks? Explain 12. What school(s) service the area?McPherson, Lake Hazel Middle Do you propose any Meri dan HS agreements for future school sites? No Explain—Site is too small 13. Are there any other proposed amenities to the City? No Explain 14. Type of Building (Residential, Commercial, Industrial or combination):_ Ines i denti a 1 / 1 ne Lot 15. Type ofDwelling(s) (Single Family, Duplexes, Multiplexes, other): Single Family/Cottage 16. Proposed Development features: and lownhomes a. Minimum square footage of lot(s):_2, 9 71 to 7, 690 sq . f t b. Minimum square footage of structure(s): 1,300 to 1,600 sq. ft. C. Are garages provided for? Yes Square footage: 440 sq. —ft. d. Has landscaping been provided for? Yes Describe: e. Will trees be provided for? Yes Will trees be maintained? Yes f. Are sprinkler systems provided for? Yes, Prsrize Irrigation g. Are there multieu ple units? Yes Type: Townhomes Remarks: h. Are there special set back requirements? No Explain: i. Has off street parking been provided for? Yes Explain: J. Value range of property: $115,00 - 140,000 k. Type of financing for development: Conventional, FHA L Were protective covenants submitted? Yes, Prel imi nary Date: 10-29-99 17. Does the proposal land lock other property? No Does it create Enclaves? No STATEMENTS OF COMPLIANCE: 1. Streets. curbs. gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. 9-604 B PRE -APPLICATION MEETING The developer shall meet with the Administrator prior to the submission of the Preliminary Development Plan. The purpose of this meeting is to discuss early and informally the purpose and effects of this Ordinance and the criteria and standards contained herein. and to familiarize the developer with the Comprehensive Plan, Zoning Ordinance. Subdivision Ordinance and such other plans and ordinances as deemed 2 Engineers Surveyors Planners Project: 11606-01 Date: October 29, 1999 PARCEL DESCRIPTION PROPOSED WOODHAVEN SUBDIVISION ANNEXATION AND REZONE A parcel of land being situated in the Southeast 1/4 of the Southeast 14 of Section 20, T.3N.. R.1E., B.M., Ada County, Idaho as shown on that certain Record of Survey No. 4525 recorded as Instrument Number 99008926 in the records of the Ada County Recorder's office, said parcel being more particularly described as follows: Commencing at the Southeast corner of said Section 20, thence North 00000'18" West (formerly known as North 00003' West in that certain Warranty Deed recorded as Instrument Number 8153524 in the records of Ada County) along the Easterly boundary of said Section 20, 779.44 feet (formerly known as 779.51 feet on said deed) to THE REAL POINT OF BEGINNING; Thence leaving said Easterly boundary North 8947'41" West, 808.57 feet (formerly known as North 89058'50" West on said deed) to a point thence South 00°11'31" West, 400.91 feet (formerly known as South 0008'17" West, 401.14 feet on said deed) to a point; thence South 70009'32" East, 61.34 feet (formerly known as South 70011'30" East, 61.32 feet on said deed) to a point; thence South 63022'02" East (formerly known as South 63024' East on said deed), 87.80 feet to a point; thence South 86°23'32" East (formerly known as South 86°35'15" East on said deed), 38.40 feet to a point; thence North 64028'43" East (formerly known as North 64026'45" East on said deed), 142.18 feet to a point; thence South 84057'17" East (formerly known as South 84059'15 " East on said deed), 169.02 feet to a point; thence South 74004'17" East (formerly known as South 74006'15" East on said deed), 113.67 feet to a point; thence South 68°54'17" East (formerly known as South 68°56'15" East on said deed), 207.43 feet to a point; thence South 72001'52" East, 37.78 feet (formerly known as South 72002'30" East on said deed) to a point on the easterly boundary line of said Section 20; f-J-V-B Parcel Description Engineers Surveyors Planners Proposed Woodhaven Subdivision Preliminary Plat October 29, 1999 Page 2 thence along the easterly boundary line of Said Section 20 North 00000'18" West, 531.72 feet (formerly known as North 00003' West on said deed) to the REAL POINT OF BEGINNING. Said parcel contains 8.25 acres, more or less. This parcel description has been prepared using survey information of record. Said information shown herein has not been verified by an actual survey on the ground. END OF DESCRIPTION GAL: the f:\projects\11606\descriptions\Annexation and ReZone.doc Prepared by: J -U -B ENGINEERS, Inc. 0 qr� OF \RY A. Gary A. Lee, P.E./L.S. AL 13Y, NVIOI! 0 � T9 y KHAN PUBLIC WORKS GILP to Woodhaven Subdivision Trip Generation AM Peak Hour Single -Family Detached Housing ITE Trip Generation (Page 264) Per Dwelling Unit On a Weekday, Peak hour of Adjacent Street Traffic, One hour between 7 and 9 Dwelling Units: 45 Trip Ends: 41 Enter: 10 Exit: 31 PM Peak Hour Single -Family Detached Housing ITE Trip Generation (Page 265) Per Dwelling Unit On a Weekday, Peak hour of Adjacent Street Traffic, One hour between 4 and 6 Dwelling Units: 45 Trip Ends: 52 Enter: 33 Exit: 19 ASSOCIATED EARTH SCIENCES INC. BIOLOGY • GEOLOGY • ENGINEERING . SOIL SURVEYS • SOIL AND WATER QUALITY • RESOURCE PLANNING AND SITE INVESTIGATIONS 4696 Overland Rd Suite 516 Boise, Idaho 83705 (208) 336-8661 October 22, 1999 Dan Wood Holland Realty 4720 Emerald, Suite 116 Boise, ID 83706 Dear Dan: This report pertains to the soil investigation made on the property located in part of the SESE of Section 20, T3N, RIE, BM, Ada County, Idaho. The purpose of this investigation was to determine the soil physical properties and soil internal drainage conditions in areas where storm drainage facilities may be installed. Three backhoe test holes were excavated and described in the areas of potential storm drains. Soil texture, soil colors (as indicators of internal soil drainage), permeability of identified layers, restrictive soil layers (cemented hardpan, compacted layers, high clay content layers), plant rooting depth, and depth to free water (water table), if any, were all considered in this study. Detailed field notes and a test hole location map are attached. Monitoring wells (perforated 4" PVC pipes) were installed in each test hole to monitor seasonal high groundwater, if any occurs. These wells should be checked once each month for water table from October, 1999, through April, 2000, and twice each month from April, 2000 through September, 2000. There was no indication of high water table (gleyed colors, iron mottles or manganese staining) at this time the test holes were excavated and I don't anticipate high groundwater being a problem in this area. The soils do have some slowly permeable layers in them caused by cementation, compaction, and/or high clay content. See the attached field notes for soil physical properties and estimated permeabilities of the soil layers identified. If you have any questions about this report, or need additional interpretation, please call me at (208) 672-9213. Sincerely, Glen H. Logan Certified Professional Soil Scientist cc: Gary A. Lee, PE/LS J -U -B Engineers, Inc. 250 Beechwood Avenue, Suite 201 Boise, ID 83709 AES �- Soil Evaluation Evaluation Date 10/19/99 Pit TH1 I Pit TH2 Requested By Dan Wood Holland Realty 0-15" Silty clay loam (30% Address 4720 Emerald Suite 116 Silt loam (20% clay), City Boise State Idaho Zip Code 83706 Phone (208) 331-6348 Lot Size — Bedrooms — Parcel — Legal Description W of Eagle Road approx. 1/8 mile N. of Victory Rd Part of SESE of Section 20 T3N RlE BM Ada County, Idaho nI _ n o_ tet. i A o,> rl or, T -T T.nr An rP.qq Additional Info: TH 1 - No free water (water table) to 122" depth. TH2 - No free water (water table) to 133" depth. TH3 - No free water (water table to 160" depth. Pit TH1 I Pit TH2 Pit TH3 0-15" Silty clay loam (30% 0-16" Silty clay loam (30% 0-18" Silt loam (20% clay), clay), 10YR 3/4, many clay), IOYR 3/4, 10YR 3/4, many fine, fine, few medium and many fine, few few medium and coarse roots, estimated medium and coarse coarse roots, permeability .5"/hr. roots, estimated estimated permeability .5"/hr. permeability 2"/hr. 15-26" Silty clay loam (30- 35% clay), IOYR 4/4, 16-25" Silty clay loam (30- 18-32" Silt loam (25% clay), many fine, few 35% clay), 10YR 10YR 4/4, many fine medium and coarse 3/6, many fine, few and few medium roots, estimated medium and coarse roots, estimated permeability .2"/hr. roots, estimated permeability 1.5"/hr. permeability .2"/hr. 26-30" Sandy loam (15-20% 32-50" Indurated hardpan, clay), 10YR 4/6, 25-35" Fine sandy loam very fractured, few friable, many fine, few (10% clay), IOYR fine roots in medium and coarse 5/4, friable, many fractures, estimated roots, estimated fine and few medium permeability 1 "/hr. permeability 3"/hr. roots, estimated permeability 3"/hr. 50-85" Sandy loam (5% 30-50" Indurated hardpan, clay), IOYR 5/4, very fractured, 5% 35-58" Strong to indurated compact, no roots, loamy fine sand soil, hardpan, very estimated 10YR 5/4, many fine fractured, common permeability .5"/hr. roots in fractures, fine roots in estimated permeability fractures, estimated 85-105" Strong to indurated 1 "/lir. permeability 1 "/hr. hardpan, very fractured, loamy fine 50-90" Strongly cemented 58-90" Fine sandy loam (5- sand in fractures, no hardpan, non -fractured, 10% clay), IOYR roots, estimated very dense, no roots, 5/4, no roots, permeability 1 "/hr. estimated permeability estimated <.05"/hr. permeability 4"/hr. 105-160" Extremely compact loamy fine sand 90-108" Weak to moderately 90-115" Gravelly loamy (<5% clay), IOYR cemented hardpan, ver medium sand (5% 4/4, no roots, fractured, compact, clay), l OYR 4/4, no estimated <5% loamy medium roots, estimated permeability sand in fractures, no permeability 6"/hr. <.05"/hr. roots, estimated permeability .5"/hr. 115-133" Extremely gravelly loamy medium sand 108-122" Extremely gravelly (<5% clay), 10YR loamy medium sand 3/6, no roots, (<5% clay), IOYR 3/6, estimated no roots, estimated permeability permeability 10"+/hr. 10"+/hr. Additional Info: TH 1 - No free water (water table) to 122" depth. TH2 - No free water (water table) to 133" depth. TH3 - No free water (water table to 160" depth. "' oa 3iov3 x � � L s 66 7 O . 00 o0 oD ep' m o0 y 66 b► E► fb loz v 3MbO SSM, r 1 ...-.. 66 v a 66 v L6 66 �+ u j v L6 S s- 06 L 3 O PIN < S9MIUA oNvsnoN1 01 �•� \�1 a T 11 .5-.06 16 3. 6. °`cc ccr d L6 �_ ��'F} •i L'' J o L6 1 C)L_ v L6 { r v v J{� L6 e 1 S L6 00, 3 � ( J L6 v v !i 0 M N '•\ e Nq OS ►► bb .. L6 .• � 0 v r L6 v v t 3 IF N. Ljj JL S N — SITE LL B CK 2 0 8 OC 1 9 8 7 6 5 4 3 2 1 0 7 6 5 4 3 2 1 E. GOLDBUG STREET 103 7 6 5 1 11 BLOCK 3 4 3 2 LOCK LOCK 2 12 E. GOLD BUG 33 32 CIRCLE 13 3 31 19 20 21 22 lq 2 24 25 ; 30 5,6 178 B CK 2 26 28 Mcpono d dot E. VICTOR ROAD:::) 29 128 VICINITY MAP WOODHAVEN SUBDIVISION SCALE: 1"=300' 11606300.DWG 10/29/99 T N R 4 RIN GIRDWR LN (PVT) (PROPOSED) R8 SITE RT R GOLDEN THE AMD. LAT RT °` L TS IALCOII EAGLE 3, 4, 3, 6, D 7 G0.DEN EAGLE TATES ESTAT DARTMEOR VICINITY MAP WOODHAVEN SUBDIVISION SCALE: 1"=600' 11606300.DWG 10/29/99 r irJ-U-B,A October 29, 1999 Ms. Shari Stiles Planning Et Zoning Administrator City of Meridian Planning Et Zoning Department 200 E. Carlton Ave., Suite 201 Meridian, ID 83642 RE: WOODHAVEN SUBDIVISION PRELIMINARY PLAT APPLICATION Developer/ Owner: Dan Wood, D. W., Inc. Dear Ms. Stiles: J -U -B ENGINEERS, Inc. ENGINEERS • SURVEYORS • PLANNERS 250 South Beechwood Avenue, Suite 201 Boise, Idaho 83709-0944 208-376-7330 FAX: 208-323-9336 In accordance with the City of Meridian subdivision procedure, please find enclosed the following application items for the above referenced proposed development: PRELIMINARY PLAT CHECKLIST: 1. A pre -application meeting was held on October 29, 1999. 2. Thirty (30) copies of the completed and executed written application form. 3. Proof of current property ownership. 4. Name and address of party to receive billings/correspondence: Dan Wood, D. W., Inc. 13141 W. Bluebonnet Court Boise, ID 83713 (208)331-6348 J -U -B ENGINEERS, Inc. 250 S. Beechwood Ave, #201 Boise, ID 83709 (208)376-7330 5. Legal description prepared and stamped by Registered Land Surveyor: Gary A. Lee, P.E./L.S. 6. Thirty (30) copies of the preliminary plat. 7. There will be an owners association that will be regulated by covenants, conditions and restrictions. Landscaping, signage and building design are addressed in the required development standards. 8. Thirty (30) copies of a vicinity map showing a'/z mile radius showing land use and existing zoning of proposed subdivision and adjacent land. 9. Thirty (30) copies of a 1 "=300' scale map on 8.5" x 11 " paper indicating development and/or lots of record within 300' of any boundary with the proposed development in bold outline. Also list of property owners within 300' of property. 10. A statement (attached) of traffic impact on existing adjacent roadways and intersections. r - l f'J.u.g,k Ms. Shari Stiles Engineers Surveyors Planners Planning $ Zoning Administrator October 29,1999 Page 2 11. Four (4) sets of conceptual engineering plans, including profiles. 12. Fees Preliminary Plat: $300 + 48($10.00)+ 18($1.73 x 2) = $842.28 TOTAL: $842.28 13. Proposed (draft) restrictive covenants and /or deed restrictions. 14. A site report for establishment of the highest seasonal groundwater elevation. (attached) STATEMENTS OF COMPLIANCE: 1. Streets and sidewalks will be constructed to ACHD and City of Meridian standards. 2. The proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. The proposed development will connect to city services. 4. The proposed development will comply with city ordinances. 5. The preliminary plat includes all appropriate easements. 6. The street names do not conflict with the city grid system. We wish to have the Woodhaven Subdivision application placed on the next available Planning and Zoning/City Council agenda for consideration. If you have any questions or require additional information, please contact either Gary Lee, P.E./L.S. or me. Thank you. Sincerely, J -U -B ENGINEERS, Inc. Na"G. Aaylor, AI Planning Associate Enclosures cc: Dan Wood, D. W., Inc. f: /1 1606/admin/adminapplicoviet.doc WV� •1 t(jl7is! ii!lldd -� ��! 4',' !i�! lut. �.....:li,! 7,;1 ti14: !u! ail! rUt /iE dfii �! lG! X.t, t,t ef,! (u!'� r.! .'L` hi' 9k Ki, tl; r .LtG%lGI.?t;:!itt(J,?.rt �f 3ii ild. �': i; ts15:lS;t;11 WARRAN DEED = 'Ult VALVE: J*'.0:IVta) NELDA HUDSON artd MARIE C. HARCT, personal repl•eserttafives, � �- the (rantor s , du hereby grant, bargain, ,:ell and c5nvey vntn ROURT L. BELL, a single person the Oranter ,whrtteadd reytiA 3085 S. Eagle Rd., Eagle. ID 83615 c the 11a-&mZJcacritmd ltrerriLien, to -wit: Conmencing at :he Southeast corner of Section Z0, Tcwnsh'p 3 Nrr;h, Range 1 East, Boise Meridian. thence along the section line North j' 0'031 West 779.51 feet to a point; then:e North 89'58'50' West 25.0 feet to the real point of beginninq; thence North 69'58`50" West 783.91 feet to a point; thence Scuth 0'08117" West 401.14 flet to a paint; thence 5cuth 10'1130" East 61,32 feet to a point: thence }= South 63'24' East 87.30 feet to a point; thence ` South 66t3S'15" East 38.40 fett to a point; thence North 64'26'45" East 14Z.18 fee: to a point; thence f' Snuth 84'5911S" East 169.02 fee: to a point; thence South 74'061 151* East 113.67 feet to a point; thence i= South 6B'S6'15' East 207.43 feet to a point; thence IL South 72'02'30" East 11.43 feet to a point; then e North 0'03' West 523.75 feet to the real port f begln.ing. t 7 V N 1' O HAVE d. L tit I1:)l.0 thv Nuts pmmi"tom, Frith Jteir Hppur(tnaneea itn(9 tht Said rrAM.te , his hrira xnd nr4igns r,,revcr. And thv said GAIntori (it) bwreary envenant to and W .• With the raid Gra"t,, 111;11 they are the oWirids in fie slm;,te ur tAld rrrtriaer !hat e saiLP premia, ere frve frum all en:urntin,ric^.s except reservatiorjs of record attd easemeri5 c f rlwrJ. I t an that th,:y will wo rruriL aril tlrrend the sante from -,%I] !awf•-jI1'etolena whatsoever. Da ed: Detesber 18, 1951 i da lludsort, pki-sunal'repreientatJve of the estate o iloltarcrbt-'Arit+;eairn �--'-- �ic r�, � -M "e t.t `1iinyaa, �tt-r'i i e'prE5vitttivrf-pf -MCO tat(� df-I;d-id-vti';?.11ft!le2ieR"'J—' r ST�TC nF lUnitU, r'UU�'r1' Ut' Ada %7A'rj; op ibillU. (:g-.;NTt OF a"4L 1 �crti, cert{(, IA"t this Instrur"eat na, filed Sat rtcord U" tttte loth day of DeCember . 19 81 atthermucatof' PIONEER mu Were ear, a entary ;01ic in r -id for said Statr, tai soral:r i Notated Nelda Mu1sun artd Marie C. 4alidy, ea .5/O nt;tt�tles pe>t now to tee to t? tie persons viose names a tsi2 I, a.,tr /_l�tF. ubs ri Ned to th!. within instrument as iters .N ,ab9t1%,i, my Drell e, I.M Auly•x.r,tad in 1lu,4 rey nCr eseritatives of the est to of Howard 14, asen..at(tt ttekao., pdq§4 j ale 1hot the .r tr,tda.t r•trt ll e. t. � tee ted the Salae as such per criz rapresl�nt - JOHN eASTI'D l VL4 Vrrary fticli� /—_ _ Ucr�ut)— sr' k, is ,t Ed71tt u.h, ,real rA G F:a tdre, 9-1$-85 Dt, it it: ►k)N(erc trttE CQUPA yr Of M coubyl N 10 w' Jteerta" St. D.N., IEa"s e))e7 - 701 )4O WS tteye.eantne ►len.tr Nonaeat Toll L'dwiinoe i^r;7'9i^fi^.if�i^.i�taCl'.^f;^.fi1f7%►li^?:^t 17i^Ii'YiliYlli^li!Yi:yryr?i^li,:''?;ii^.1 (.7 ''ii^f,^ ;"!rir..Fi: rl*117 r DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS FOR DAN WOOD VIRTUAL SUBDIVISION THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS for Dan Wood Virtual Subdivision is made effective as of the _ day of , 1999, by D.W. Inc., an Idaho corporation, (hereinafter "Grantor" or "Declarant") whose address is 13141 W. Bluebonnet Ct. Boise, Idaho 83713. ARTICLE 1: RECITALS 1.1 Property Covered. The property subject to this Declaration of Covenants, Conditions and Restrictions (hereinafter referred to as "Declaration" or "CC&R's") for Dan Wood Virtual Subdivision is that property in Ada County, State of Idaho, which is contained in Dan Wood Virtual Subdivision and legally described on Exhibit A attached hereto, together with any additions or annexations as may hereinafter be brought within the jurisdiction of these CC&R's and the Association. The "common area" lots contained in this Subdivision are set out in Paragraph 3.8 below. 1.2 Purpose of Declaration. Dan Wood Virtual Subdivision is a residential development, which Grantor intends to develop in accordance with governmental approvals. The purpose of this Declaration is to set forth the basic restrictions, covenants, limitations, easements, conditions and equitable servitudes that will apply to the development and use of the Property. This Declaration is designed to preserve the Property's value, desirability and attractiveness, and to guarantee adequate maintenance of the Common Area, and any Improvements located thereon. ARTICLE 2: DECLARATION DAN WOOD VIRTUAL SUBDIVISION CC&R'S Page 1 of 29 11_� 1_6;� 2.1 Grantor Declaration. Grantor declares that all the Property shall be held, sold, transferred, encumbered, leased, used, occupied and improved subject to these CC&R's. Each owner accepting a deed to any of the property agrees that these CC&R's are for the protection, maintenance, improvement and enhancement of the Property. 2.2 Runs With The Land. These CC&R's shall run with the land described on Exhibit A and shall be binding upon all persons with any right, title or interest in the land. They are for the benefit of all the property and bind all successors. 2.3 Enforcement. These CC&R's may be enforced by Grantor, any Class A Lot Owner or by the Association. 2.4 Grantor's Rights. Notwithstanding the foregoing, no provision of this Declaration shall be construed as to prevent or limit Grantor's right to complete development of the Property and to construct improvements thereon, nor Grantor's right to maintain model homes, construction, sales or leasing offices or similar facilities on any portion of the Property, including the Common Area or any public right-of-way, nor Grantor's right to post signs incidental to construction, sales or leasing. ARTICLE 3: DEFINITIONS 3.1 "Articles" shall mean the Articles of Incorporation of the Association or other organizational or charter documents of the Association. 3.2 "Dan Wood Virtual Subdivision" shall mean the Property described in Exhibit A, (together with any future additions or annexations). 3.3 "Assessments" shall mean those payments required of Class A Owners and Association Members (excluding Declarant) and include but are not limited to all Assessments (whether regular, start-up, special or limited), late charges, attorneys' fees, interest, and other charges set out in these CC&R's. 3.4 "Association" shall mean Dan Wood Virtual Neighborhood Association, Inc., a nonprofit corporation organized under the laws of the State of Idaho, its successors and assigns. DAN WOOD VIRTUAL SUBDIVISION CC&R'S Page 2 of 29 3.5 "Board" shall mean the Board of Directors or other governing board or individual, if applicable, of the Association and includes its authorized agents and representatives. 3.6 "Building Lot" shall mean one or more lots as specified or shown on any Plat upon which Improvements may be constructed. The term Building Lot,shall not include any Common Area, any area dedicated to the public, or any lots deeded to an irrigation entity for an irrigation pump facility. 3.7 By-laws shall mean the By-laws of the Association (a copy of which is attached hereto as Exhibit B). 3.8 "Common Area" shall mean all lots of Dan Wood Virtual Subdivision that are designated herein or on the Plat as private streets or drives, common open space, common areas and common landscaped areas, including but not limited to, the following parcels which Declarant shall deed to the Dan Wood Virtual Neighborhood Association: [To be Determined] The Association shall manage, maintain and operate these common area lots as provided in this Declaration. 3.9 "Declaration" shall mean this Declaration as it may be amended from time to time. 3.10 "Grantor" shall mean D.W. Inc. and any successor in interest, or any person or entity to whom the rights under this Declaration are expressly transferred by grantor or its successor. Grantor may also be referred to as the "Declarant". 3.11 "Improvement" shall mean any improvement or object, whether permanent or temporary, which is erected, constructed or placed upon, under or in any portion of the Property, including but not limited to buildings, fences, driveways, landscaping, signs, lights, mail boxes, recreational facilities, and fixtures of any kind. 3.12 "Limited Assessment" shall mean a charge against a particular Owner and such Owner's Building Lot, directly attributable to the Owner, equal to the cost (plus a management fee equal to 10% of the cost) incurred by the Grantor or the Association for corrective action performed pursuant to the provisions of this Declaration. (See Corrective Action, Section 9.1 .1 below.) 3.13 "Member" shall mean each person or entity holding a membership in the Association. Members must be either a Class A Lot Owner or Grantor. DAN WOOD VIRTUAL SUBDIVISION CC&R'S Page 3 of 29 3.14 "Owner" shall mean the person or other legal entity, including Grantor, holding fee simple interest of record to a Building Lot which is a part of the Property, but excludes those having an interest merely as security for the performance of an obligation. A "Class A" Owner shall be any owner of a Building Lot other than Grantor. Los deeded to irrigation districts for pump stations are not Building Lots. 3.15 "Person" shall mean any individual, partnership, corporation or other legal entity. 3.16 "Plat" shall mean any subdivision plat covering any portion of the Property as recorded at the office of the County Recorder. 3.17 "Property" shall mean all of the Property described herein including each lot or portion thereof, including all water rights associated with or appurtenant to such property. 3.18 "Regular Assessment" shall mean the regular assessments assessed against all Class A Owners to defray the cost of maintaining, improving, repairing, managing and operating the Common Areas and all Improvements located thereon, and the other costs and expenses of the Association. 3.19 "Start-up Assessment" shall mean that initial fee payable to the Association to start-up the Association. This one time start-up fee is assessed against the buyer of each lot upon the first purchase of each lot. 3.20 "Special Assessment" shall mean the portion of the costs of the capital improvements or replacements, equipment purchases and replacements or shortages in Regular Assessments. 3.21 "Transfer Special Assessment" shall mean that transfer fee assessed against each lot transferred, to be paid to the Association on each transfer of legal title and recording of a deed to a lot in this subdivision. ARTICLE 4: GENERAL AND SPECIFIC RESTRICTIONS 4.1 Prior Plan Approval. No improvement or obstruction shall be placed or permitted to remain upon any part of the property unless a written request for approval, containing the plans, specifications, and exterior color scheme, has been approved by the Board or a person designated by the Board to approve same. (See Article 6 below.) The approval of the Board will not be unreasonably withheld if the plans and specifications comply with these CC&R's, government ordinances, and are in general in harmony with the existing structures located in this Subdivision. DAN WOOD VIRTUAL SUBDIVISION CC&R'S Page 4 of 29 4.2 Government Rules. In the event any of these CC&R's are less restrictive than any governmental rules, regulations or ordinances, then the more restrictive governmental rule, regulation or ordinance shall apply. 4.3. Use Size Homes Townhouses Basements. To be Determined. 4.4 Accessory Structures. There shall be no metal or wood storage attachments to any home except as approved by the Board. Storage sheds attached to the residential structure, and patio covers, shall be constructed of, and roofed with, the same materials, and with similar colors and design, as the residential structure on the applicable Building Lot. Only one outbuilding per lot shall be allowed, and it shall be a) constructed of quality material; b) completed, finished and painted in the same general color as the main house; c) generally screened from public view; (d) no more than 120 square feet in area and no more than eight feet high; and d) approved by the board. 4.5 Setbacks. All setbacks shall comply with the pertinent local government Ordinances. Lots shall have a zero Lot line on the edge of the property. Townhouse shall have party walls at their zero Lot line between the units. 4.6 Garages. [To be determined] 4.7 Exterior; Appearance. No vinyl or metal siding shall be allowed for the exterior of any dwelling unless approved by the Board. Such are discouraged, however. Bay windows, broken roof lines, gables, hip roofs, etc. are encouraged as are brick, stone or stucco for the full height columns on the sides of the garage. Also encouraged are brick, stone or stucco full wainscoting on the front exposure. 4.8 Roofs. Roofs must be of at least 5 in 12 pitch. No gravel roofs are allowed. Roofing materials shall be composition shingles. 4.9 Commercial Activity. No commercial activity except an at home office or a once a year garage sale shall be permitted on any of the property. DAN WOOD VIRTUAL SUBDIVISION CC&R'S Page 5 of 29 4.10 Driveways. All Lots shall have a paved driveway and a minimum of two paved car parking spaces within the boundaries of each Lot. No driveway or parking area shall be dirt, rock or gravel. 4.11 Colors. Exterior colors of earth tones or light blues or greys shall be encouraged for the body of the house. Bright, bold, yellow, or very dark body colors shall be discouraged. Dark roof colors shall be encouraged. Approval of exterior colors must be obtained from the Board, and any future changes to colors or exterior must be approved by the Board. 4.13 Landscaping. Berms and sculptured planting areas are encouraged. Landscaping of the front yard shall be completed within thirty (30) days of occupancy of the home and shall be the responsibility of each respective Owner of the lot. The front yard shall be defined as that portion of the Building Lot from one side lot line to the opposite side lot line lying in front of the front exposure of the structure. For Building Lots on corners the "front yard" shall also include that portion of the Building Lot from the front of the structure to the rear of the structure to the side street (i.e., the side yard next to the side street). Landscaping, at a minimum, shall include sod in the front yard and at least one tree of 2" caliper in the front yard. Grass shall be planted or sodded in the back yard within one year of occupancy. 4.14 Fences. 4.14.1 Subdivision Perimeter Fences. Grantor may construct a perimeter fence around portions of the exterior of this subdivision property (except for entrance or exit roadways or waterway crossings). After Grantor has transferred title to any lot which contains a portion of this perimeter fence it shall be the responsibility thereafter of the Owner of that lot to maintain, repair and/or replace as needed that portion of the perimeter fence on that Owner's lot. The maintenance, repairs and/or replacement shall be performed so as to keep the perimeter fencing uniform, attractive and harmonious. The Association may, in it's sole discretion, maintain some or all of the perimeter fencing as a Common Area expense. 4.14.2 Other Owner Fences. Other Owner fences are not required. If a fence is desired, plans for it shall be approved by the Board prior to construction. Fences shall be of good quality and workmanship and shall DAN WOOD VIRTUAL SUBDIVISION CC&R'S Page 6 of 29 be properly finished and maintained. Fences may be built of wood, such as a 6 -foot, dog-eared cedar. Chain link fences are not allowed except along ditches or water retention areas. Fences shall not be built closer to the front of the lot than even with the front corner of the home, and side or corner fences shall comply with local governmental ordinances. 4.15 Construction. No pre-existing, mobile home or prefabricated home shall be moved onto any lot. All homes in this Subdivision must be constructed on the lot. Once construction has begun, completion of each building or other improvement shall be diligently pursued and completed within 12 months. 4.16 Sewer. All bathroom, sink and toilet facilities shall be located inside the home, and connected underground to wet line sewer. 4.17 No Further Subdivision. No Building Lot may be split or subdivided without the prior written approval of the Board. 4.18 Nuisances. No rubbish, grass clippings or other debris of any kind shall be placed on, dumped on, or allowed to accumulate anywhere on the Property, including Common Areas or vacant Building Lots. No unsanitary, unsightly, or offensive conditions shall be permitted to exist on any part of the Property. Noise or other nuisances in violation of local ordinances are prohibited. No Owner shall permit any noise, party or other activity in the Common Area which unreasonably interfere with the peace and quiet of the other Owners or occupants. The use of fireworks, firecrackers and any type of firearms on the Property is strictly prohibited. 4.19 Exterior Maintenance; Owner's Obligations. All Improvements, especially the exterior appearance of the home, lawn, trees, fencing and landscaping shall be kept in good condition and repair. In the event an Owner permits an Improvement to fall into disrepair, or to create a dangerous, unsafe, hazardous, unsightly or unattractive condition, then the Board or Grantor, after thirty (30) days prior written notice to the offending Owner, shall have the right to enter upon that Owner's property to correct such condition. Owner shall be obligated to reimburse the Board or Grantor for all of the costs of the corrective action as set out in Article 8 and 9 below. DAN WOOD VIRTUAL SUBDIVISION CC&R'S Page 7 of 29 4.20 Unsightly Articles. No unsightly articles shall be permitted to remain on any property so as to be visible from any other Owner's property. Trash is to be kept in containers and areas approved by the Board. Clothing or fabrics are not to be hung or aired in such a way as to be visible to other property. No equipment, containers, lumber, firewood, grass, shrub or tree clippings, metals, bulk material, disabled vehicles, or scrap shall be kept, stored or allowed to accumulate on any property except within an enclosed structure or screened from view. Vacant residential structures shall not be used for storage. 4.21 No Temporary Structures. No house trailer, mobile home, tent, shack or other temporary building, improvement or structure shall be placed upon any portion of the Property or on any streets. Temporary construction structures are permitted only during the time of construction. `--`� 4.22�No Unscreened Boats Campers and Other Vehicles. No boats, trailers, campers, all -terrain vehicles, motorcycles, recreational vehicles, bicycles, dilapidated or unrepaired and unsightly vehicles or similar equipment shall be placed upon any portion of the Property (including, without limitation, streets, parking areas and driveways) unless enclosed by a concealing structure approved by the Board. No vehicles taller than nine feet or longer than 25 feet shall be allowed to be stored on any portion of the property. If a stored item is taller than the front or side fence then the item must be parked two feet away from the fence for every one foot it is taller than the fence. (For example, a nine foot tall motor home would be required to be parked six feet away from front and side fences if those fences were six feet tall, and eight feet away if the fences were five feet tall.) Notwithstanding anything contained herein, a boat, camper, trailer or motor home may be parked in a driveway or in the street in front of the Owners lot (if permitted by local ordinances) for a temporary time not to exceed three days. 4.22.1 Removal of Vehicles; Warning; Costs. The Board or its representatives may remove any vehicles in violation of this section at any time after giving the owner fifteen (1 5) days written notice of its intent to do so. For any such vehicles removed, the Owner shall reimburse the Board, as a limited assessment, the costs thereof plus a management fee equal to ten percent (10%) of the costs. (See Article 9 below) DAN WOOD VIRTUAL SUBDIVISION CC&R'S Page 8 of 29 4.23 Animals/Pets. No farm animals, animals creating a nuisance, or animals in violation of governmental ordinances shall be kept on any Property. Chronic dog barking shall be considered a nuisance. No more than two domestic cats and no more than two domestic dogs shall be allowed to inhabit any one lot. All dogs outside the home or outside the lot fence must be leashed. Pets shall not be allowed in the Common Areas. Any kennel or dog run must be screened, placed inside the lot fences, and approved by the Board. 4.24 Signs. No sign shall be displayed to public view without the approval of the Board except: (1) signs used by Grantor in connection with the development and sale of the Property; (2) signs identifying the development; (3) informational signs by the Board displayed on Common Areas; (4) one sign of less than 12 square feet displayed by an Owner (other than Grantor) on that Owner's property advertising the home for sale or lease; and (5) signs required by the governing authorities. No signs other than Grantor's shall be placed in the Common Area without the written approval of the Board. 4.25 Lot Grading and Drainage Requirements. Each lot owner shall grade and maintain their individual lot to direct water away from the foundation and to prevent the runoff of storm water onto adjacent owner's lots. 4.2p Additional Easements. In addition to the easements shown on the recorded plat, an easement is further reserved and each Lot shall be subject to an easement five (5) feet on each side of all other lot lines for installation and maintenance of utilities, irrigation and drainage. 4.27 Exemption of Grantor. Nothing contained in these CC&R's shall limit the right of Grantor; to subdivide or re -subdivide any portion of the Property owned by Grantor; to grant easements, licenses, or to reserve rights-of-way with respect to Common Areas; to complete excavation, grading and construction of any portion of the Common Areas, or Property owned by Grantor; to alter construction plans and designs; to construct additional Improvements; to erect, construct and maintain structures and displays as necessary for the conduct of Grantor's business. Prior to transferring title to a Building Lot Grantor shall have the right to grant, establish and/or reserve on that Building Lot additional licenses, reservations and rights-of-way to Grantor, DAN WOOD VIRTUAL SUBDIVISION CC&R'S Page 9 of 29 to utility companies, or to others. Grantor may use any structures owned by Grantor on the Property as model home complexes or real estate sales or leasing offices. The rights of Grantor may be assigned by Grantor to any successor in interest by a written assignment recorded in the Office of the County Recorder. 4.28 Water; Water Rights. Each party accepting and recording a deed to any property in this Subdivision or occupying any property in this Subdivision acknowledges and understands and agrees to the following: a) that such property is in an irrigation district, including but not limited to Nampa & Meridian Irrigation District; b) that the water in said district has not been transferred from this property; c) that each Owner of any Lot is subject to all assessments levied by any irrigation district or water supplier and/or the Association; d) that each Lot Owner shall be responsible to pay any levies of the irrigation entity or the Association or the water supplier attributable to that Lot; e) that these assessments are a lien upon the Lot. Each owner or occupant of any Lot in Dan Wood Virtual Subdivision specifically releases and waives any and all claims of any kind against Declarant, its agents, employees, officers and directors relating to irrigation water in Dan Wood Virtual Subdivision. 4.28.1 Nampa -Meridian Agreements: The lots in Dan Wood Virtual Subdivision shall be subject to any existing or future recorded agreements or license agreements with Irrigation District regarding this Subdivision, including but not limited to the following existing agreements or any addendums thereto: a) Agreement for Pressurized Urban Irrigation System (PUTS) with Restrictive Covenants Running with the Land, recorded the day of , as Instrument No. b) Construction Contract for Pressurized Urban Irrigation System recorded the day of I , as Instrument No. 4.29 Laws; Ordinances. These CC&R's are subject to all rules, regulations, laws and ordinances of all applicable governmental bodies. In the event a governmental rule, regulation, law or ordinance would render a part of these CC&R's unlawful, then in such event that portion shall be deemed to be amended to comply with the applicable rule, regulation, law or ordinance. DAN WOOD VIRTUAL SUBDIVISION CC&R'S Page 10 of 29 4.30 Townhouse Zero Lot Line Party Walls. The wall on a common Lot line between two Townhouses shall constitute a party wall. To the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence or wilful acts or omissions shall apply thereto. Except for repairs after a casualty no Owner shall be allowed to penetrate any party wall. 4.30.1 Sharing of Repair and Maintenance. The cost of reasonable structural repair and maintenance of a party wall shall be shared equally by the owners who make use of the wall. Each owner shall be solely responsible for maintenance and repairs to the interior surface of the wall in each Owner's own unit, provided, however, that in the event an Owner's interior surface is damaged by the other Owner to the party wall or the other Owner's occupants, then the other Owner shall be liable for the repairs. 4.30.2 Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty, any Owner who has use of the wall may restore it, and if the other Owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use, without prejudice, however, to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or wilful acts or omissions. 4.30.3 Weatherproofing. Notwithstanding any other provisions of this Article, an Owner who by his negligent or wilful act causes the party wall to be exposed to the elements shall bear the whole cost of repair to such party wall and the furnishing of the necessary protection against such elements. 4.30.4 Utilities. Any utilities or utility services located within the party walls shall be maintained by each Owner using the utility lines. 4.30.5 Right to Contribution Runs With Land. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner's successors in title. 4.31 Pressurized Irrigation System. Irrigation water, when seasonally available, will be supplied through Nampa & Meridian Irrigation District via a DAN WOOD VIRTUAL SUBDIVISION CC&R'S Page 11 of 29 A -1-k ..- pressurized urban irrigation system. This system shall be owned by Nampa & Meridian Irrigation District. All main lines, pumping works and the like shall be maintained and operated by Nampa & Meridian Irrigation District and each lot owner shall pay pro -rata for the costs of maintenance and operation of the pressurized urban irrigation system attributable to Dan Wood Virtual Subdivision. Each individual lot will have a control valve on the pressurized irrigation system to allow irrigation water onto that individual lot. Each lot Owner shall be responsible for his own irrigation system on his own lot downstream from this control valve (e.g. sprinkler lines and sprinkler heads). Any Owner damaging the main system shall be responsible for that damage. 4.31.1 Water Costs: All irrigation water costs shall be paid by the lot owners either from individual assessments against each lot by the Irrigation District or other water suppliers; or, if the water supplier provides one billing to the Association, then the water costs shall be paid as part of the Association's pro -rata assessments to Class A lot owners. Each lot owner shall pay an equal pro -rata share of all the commonly billed water costs regardless of actual water used. (For example, if the water supplier gives one common billing to the Association, then each owner shall pay an equal pro -rata share whether that owner uses the water or not.) Each lot owner shall use all reasonable efforts to conserve and not waste irrigation water. 4.31.2 Rotation; Rules. The Board may establish a water rotation schedule for all lots and common areas in this Subdivision and general rules for the times and use of irrigation water. All lot owners and occupants shall follow said water rotation schedules and any rules promulgated relative to the use of irrigation water. Failure to adhere to the rotation schedule or rules may, following notice from the Board, result in suspension of the right to use irrigation water. 4.31.3 No Liability. Neither Declarant, its agents, employees, officers, directors, or shareholders, nor the Association or its officers, directors, employees or agents shall have any liability of any kind whatsoever to any owner or occupant for any claims or losses of any kind due to a failure of the water system or shortage of water for any reason. DAN WOOD VIRTUAL SUBDIVISION CC&R'S Page 12 of 29 ARTICLE 5: DAN WOOD VIRTUAL NEIGHBORHOOD ASSOCIATION, INC. 5.1 Organization of Dan Wood Virtual Neighborhood Association Inc. Dan Wood Virtual Neighborhood Association, Inc. (the "Association") shall be initially organized by Grantor as an Idaho non-profit corporation under the provisions of the Idaho Code relating to general non-profit corporations and shall be charged with the duties and invested with the powers prescribed by law and set forth in the Articles, By-laws (attached hereto as Exhibit B) and this Declaration. Neither the Articles nor the By-laws shall be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. 5.2 Membership. Each Owner of a lot subject to assessment, (including contract sellers), by virtue of being an Owner, and for so long as such ownership is maintained, shall be a Member of the Association. The memberships in the Association shall not be transferred, pledged, assigned or alienated except upon the transfer of Owner's title the transferee of such title. Any prohibited membership transfer shall be void and will not be reflected on the books of the Association. 5.3 Voting. Voting in the Association shall be carried out by Members (including Grantor) who shall cast the votes attributable to the Building Lots which they own. The number of votes any Member may cast on any issue is determined by the number of Building Lots owned. When more than one person holds an interest in any Building Lot, all such persons shall be Members but shall share the vote attributable to the Building Lot. One lot, one vote. For voting purposes, the Association shall have two (2) classes of Members: 5.3.1 Class A Members. Owners other than Grantor shall be Class A Members. Each Class A Member shall be entitled to cast one (1) vote for each Building Lot owned by such Class A Member(s) on the day of the vote. One lot, one vote. 5.3.2 Class B Member. The Grantor shall be the Class B Member, and shall be entitled to three (3) votes for each Building Lot owned by Grantor. The Class B Member shall cease to be a voting Member in the Association on the happening of either of the following events, whichever occurs first: (a) DAN WOOD VIRTUAL SUBDIVISION CC&R'S Page 13 of 29 when seventy-five (75%) percent of the Building Lots have been sold to Owners other than Grantor; or, (b) on December 31, 2005. 5.3.3 No Fractional Votes or Severance from Land. Fractional votes are not allowed. If joint Owners cannot agree how their vote will be cast, they lose their right to vote on the matter being put to a vote. A vote cast will be conclusive for all purposes that the Owner had authority and consent of all joint Owners. Votes may not be severed from the Building Lot. However, an Owner may give a revocable proxy, or assign the Owner's right to vote to a lessee, mortgagee, beneficiary or contract purchaser of the Building Lot concerned, for the term of the lease, mortgage, deed of trust or contract. Any sale, transfer or conveyance of a Building Lot to a new Owner automatically transfers the voting right to the new Owner. 5.4 Board of Directors and Officers. The affairs of the Association shall be managed by a Board of Directors ("Board") and such officers or agents as the Board may elect or appoint as provided in the Bylaws. The Board shall be elected in accordance with the Bylaws. 5.5 Power and Duties of the Association. The Association shall have all the powers of a corporation organized under the laws of the State of Idaho subject only to the limitations set forth in the Articles, Bylaws, and this Declaration. The Association shall have the power to appoint representatives and the power to perform all acts which may be necessary or incidental to discharge it's duties and responsibilities and to manage and operate the Association's Common Areas and assets. The Association's powers include, but are not limited to, the following: 5.5.1 Assessments. The power to levy Assessments on any Class A Owner as set out herein and to force payment as provided in this Declaration. 5.5.2 Enforcement. The power and authority in its own name, or on behalf of any Owner who consents, to file and maintain actions and suits to restrain and enjoin any breach or threatened breach of this Declaration, the Articles or the Bylaws; and to file and maintain any action to enforce the terms thereof. DAN WOOD VIRTUAL SUBDIVISION CC&R'S Page 14 of 29 -0-1 %%, 5.5.3 Emergency Powers. The power to enter upon any property (but not inside any building) in any emergency where there is potential danger to life or property or when necessary to protect or maintain Improvements for which the Association is responsible. The Association may also enter upon any property to prevent the waste of irrigation water. Such entry shall be made with as little inconvenience to the Owner as practicable. Any damage caused by the Association shall be repaired by the Association. 5.5.4 Licenses, Easements and Rights -of -Way; Cooperative Agreements. The Association shall have the power to enter into any cooperative or license agreements regarding water or irrigation systems. The Association shall have the power to grant and convey to any third party licenses, easements and rights-of-way in, on or under the Common Area or in any easement areas of any Lots as may be necessary or appropriate for the orderly maintenance, preservation and enjoyment of the Property and Common Area, and for the preservation of the health, safety, convenience and welfare of the Owners. The right to grant such licenses, easements and rights-of-way are hereby expressly reserved to the Association and may be granted at any time prior to twenty-one (21) years from the date of recording of these CC&R's. 5.6. Duties of the Association. In addition to duties necessary and proper to carry out the powers delegated to the Association by this Declaration, the Articles and Bylaws, the Association shall have the authority to perform, without limitation, each of the following duties: 5.6.1 Operation and Maintenance. Operate, maintain, and otherwise manage or provide for the operation, maintenance and management of the Common Area, and, at the discretion of the Board, provide for: a) the cleaning and sweeping of the streets in the subdivision to keep construction mud and debris to a minimum; b) mowing the vacant lots and maintaining right of way areas in or adjacent to the subdivision to keep the subdivision as a whole as aesthetically pleasing as possible. 5.6.2 Taxes and Assessments. Pay all real and personal property taxes and assessments including but not limited to water costs separately levied against the Common Area or against the Association and/or any other property in this Subdivision owned or managed by the Association. DAN WOOD VIRTUAL SUBDIVISION CC&R'S Page 15 of 29 Taxes, assessments and water costs may be contested or compromised by the Association and the costs are a common area expense. The Association shall pay any applicable federal, state or local taxes levied against the Association. 5.6.3 Water and Other Utilities. Acquire, provide and pay for water, utilities, maintenance, operations costs, and other necessary services for the Common Areas or any pressurized urban irrigation system. 5.6.4 Insurance. Acquire insurance coverage as the Board deems necessary or advisable, from insurance companies authorized to do business in the State of Idaho, and maintain any insurance policies including, but not limited to the following: (1) Comprehensive public liability insurance insuring the Board, the Association, the Grantor and/or the individual grantees and agents and employees of each against any liability incident to the ownership and/or use of the Common Area; (2) Directors' and officers' liability insurance; (3) Motor vehicle insurance and Workmen's Compensation insurance; (4) Performance, fidelity and other bonds the Board deems necessary to carry out the Association functions or to insure the Association against any loss from malfeasance or dishonesty of any employee or other person charged with the management or possession of Association funds or other property. The Association shall be deemed trustee of the interests of all Owners in connection with any insurance proceeds paid to the Association under such policies, and shall have full power to receive the Owner's interests in such proceeds. All proceeds shall be used for Association purposes. Insurance premiums for the above insurance coverage shall be a common expense to be included in the Regular Assessments levied by the Association. 5.6.5 Enforcement of Restrictions and Rules. Perform such other acts, whether or not expressly authorized by this Declaration, as may be reasonably advisable or necessary to enforce any of the provisions of this Declaration, the Articles or the Bylaws. 5.7 No Liability. No Board member, committee member, Association officer, Grantor or its officers, directors or shareholders (collectively herein "Grantor") shall be personally liable to any Owner, or any other party, including the Association, for any damage, loss or prejudice suffered or claimed on the account of any act, omission, error or negligence of that person provided that DAN WOOD VIRTUAL SUBDIVISION CC&R'S Page 16 of 29 the person has acted in good faith and without gross, willful or intentional misconduct. 5.8. Budgets; Operating Statement• Balance Sheet; Inspection. Within sixty (60) days after the close of each calender year, the Association shall cause to be prepared and shall make available for inspection by any Owner; (1) a balance sheet as of the last day of the Association's calender year; (2) an annual operating statement reflecting the income and expenditures of the Association for its last calender year; and (3) a proposed budget and schedule of Assessments for the current year. Notice of scheduled Assessments due shall be given at least once a year. 5.9 Meetings of Association; Notice of Meeting and Assessments. Each year the Association shall hold at least one annual meeting of the Members on April 30, or some other date set by the board between April 15 and May 31. If any meeting date falls on a weekend or holiday then the meeting shall be on the next following business day. Notice of such meeting shall be given at least 10 and no more than 30 days prior to the meeting and such notice may include notice of the Assessments scheduled due for the coming year. Only Members or their proxies shall be entitled to attend Association meetings. All other persons may be excluded. Notice for all Association meetings, regular or special, shall be given by regular mail to all Members, at the address for the lot in the subdivision or the address supplied in writing to the Association. This notice shall set forth the place, date and hour of the meeting and the nature of the business to be conducted. All meetings shall be held within the Property, or as close thereto as practical, at a reasonable place selected by the Board. The presence at any meeting of the Class B Member (or representative) where there is such a Member, and of Class A Members representing Owners holding at least ten percent (10%) of the total votes of all Class A Members, shall constitute a quorum. If any meeting cannot be held because a quorum is not present, the Members present may adjourn the meeting to another time not more than thirty (30) days from the time the original meeting was scheduled. If the rescheduled meeting is more than 30 days then additional notice of the next meeting shall be given. At any subsequent meeting properly called, the presence of any Member shall constitute a quorum. DAN WOOD VIRTUAL SUBDIVISION CC&R'S Page 17 of 29 .1-1 .1-. ARTICLE 6: ARCHITECTURAL CONTROL No building, structure, fence, wall, hedge, landscaping, painting, obstruction, berm, driveway, or Improvement shall be placed on, under, over or across any part of Dan Wood Virtual Subdivision unless a written request (given to one of the Board of Directors of the Association or a person designated by the Board) for approval thereof containing the plans and specifications therefor, including exterior color scheme, has been approved, in writing, by a member of the Board or any person designated by the Board. The initial Board is as follows: 1. ; 2. 3. In the event the Board fails to approve or disapprove such request within thirty (30) days after such request has been submitted in writing, approval shall not be required and this Article will be deemed to have been complied with. ARTICLE 7: RIGHTS TO COMMON AREAS 7.1 Use of Common Area. Every Owner shall have the equal right to enjoy the use of those Common Areas or common facilities which are designed and built for such use. The Association may make reasonable rules governing use of the Common Areas and facilities. All common areas and facilities shall be owned by the Association. The Association shall have the power to suspend the use of all common areas to Members who are in arrears for non- payment of Assessments. However the Association may not suspend street or sidewalk access to a members lot or home. The Association may dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes agreed to by the Members. No dedication, mortgage or transfer of said Common Area shall be effective unless an instrument agreeing to such dedication or transfer is signed by the Grantor (if Grantor still owns any of the Building Lots), and two-thirds (2/3) of the Class A Members. Transfer must also be approved by any local government having jurisdiction over the transfer. Said transfer shall become effective when the instrument is recorded. In the event that an Owner's access to his lot is over any Common Area, then any transfer of that Common Area shall be subject to an easement for the access of the owner. DAN WOOD VIRTUAL SUBDIVISION CC&R'S Page 18 of 29 7.2 Damages. Any Owner shall be liable for damage to any Common Area which may be sustained by reason of the negligence or willful misconduct of the Owner, the Owner's tenant, or the Owner's family, guests, agents, contractors or invitees. In the case of joint ownership the liability of such Owners shall be joint and several. The cost of correcting the damage shall be treated as a Limited Assessment against the Owner and Building Lot and may be collected as provided herein. No Owner shall be liable for any amounts greater than is legally allowable under Idaho law. ARTICLE 8: ASSESSMENTS 8.1 Covenant to Pay Assessments. By acceptance of a deed to any property in Dan Wood Virtual Subdivision, each Class A Owner hereby covenants and agrees to pay, when due, all Assessments or charges made by the Association pursuant to this Declaration. In the event this subdivision is developed in phases, the lots in uncompleted phases shall not be assessed until they become Class A Owner's lots. Declarant shall not pay any Assessments for lots owned by Declarant. No Mortgagee shall be required to collect any assessments. 8.1.1 Assessment Constitutes Lien. Such Assessments and charges set out herein, together with interest, costs and reasonable attorneys' fees which may be incurred in collecting the same, shall be a continuing lien upon the property against which each such Assessment or charge is made. 8.1.2 Assessment Personal Obligation. Each Assessment obligation set out herein which accrues during the time of ownership shall also be the personal obligation of the Owner beginning the time the Assessment falls due. This personal obligation for Assessments shall remain Owner's personal obligation regardless of whether he remains an Owner. Notwithstanding anything contained herein, the failure to pay assessments does not constitute a default on an owner's federally insured mortgage. 8.2 Regular Assessments. All Class A Owners are obligated to pay Regular Assessments to the Association on a schedule of payments established by the Board. DAN WOOD VIRTUAL SUBDIVISION CC&R'S Page 19 of 29 r 8.2.1 Initial Regular Assessment: The initial Regular Assessment for the year 1999 is to be $ per year per lot. This initial assessment is due upon sale of a lot from Grantor and shall be prorated on a calendar year basis based on the date of closing and shall be paid to the Association by the Buyer upon closing of the first transfer of the lot from the Declarant to the Buyer. 8.2.2 Regular Assessments. The proceeds from Regular (and other) Assessments are to be used to pay for all costs and expenses incurred by the Association, including but not limited to; (1) legal, accounting, management, and professional fees; (2) the costs and expenses of construction, improvement, protection, maintenance, repair, management and operation of the Common Area and common facilities; (3) an amount allocated to an adequate reserve fund, established by the Board, for repairs, replacement, maintenance and improvement of those elements of the Common Area, or other property of the Association that must be replaced and maintained; (4) the cleaning and sweeping of the streets in the subdivision to keep construction mud and debris to a minimum; and (5) mowing the vacant lots and maintaining right of way areas in or adjacent to the subdivision to keep the subdivision as a whole aesthetically pleasing. 8.2.3 Computation of Regular Assessments. The Association shall compute the amount of its Expenses on an annual calendar basis and shall Assess each Class A Owner's lot equally for all Assessments (except the Limited Assessments which are on a lot by lot basis). Regular Assessments for the calender year shall be pro -rated as of the date of closing. 8.2.4 Amounts Paid by Owners. The Board can require, in its discretion payment of Regular Assessments in monthly, quarterly, semi-annual or annual installments. The Regular Assessment to be paid by any particular Owner for any given calender year shall be computed by dividing the Association's total advance estimate of expenses by the total number of Class A Building Lots in the Property (i.e, each Class A Owner of a Building Lot shall pay an equal share of Regular Assessments). 8.3 Special Assessments. 8.3.1 Transfer Special Assessment. Upon each transfer of any DAN WOOD VIRTUAL SUBDIVISION CC&R'S Page 20 of 29 lot in the subdivision and the recording of the deed each Buyer at closing shall pay to the Association a special transfer assessment of Twenty -Five ($25.00) Dollars which shall be used for general Association purposes. 8.3.2 Start-up Assessment: Upon the first sale of each building lot in this subdivision from the Declarant, the Buyer shall pay to the Association at closing an initial Association Start-up fee equal to one hundred ( $100) Dollars to be used for general Association purposes. This fee shall be a one time initial start-up fee, and shall not be prorated for any time left in the calendar year. This start-up fee assessment shall be paid in full regardless of the time of year of the closing but shall only be paid once per lot. 8.3.3 Special Short Fall Assessments. In the event that the Board shall determine that its respective Regular Assessment for a given calendar year is or will be short to meet the Expenses of the Association for any reason, including but not limited to costs of construction, reconstruction, unexpected repairs or replacement of capital improvements upon the Common Area, attorney's fees and/or litigation costs, other professional fees, the Board shall determine the approximate amount necessary to defray such expenses and levy an Excess or Special Assessment equally to all Class A Owners. No such Assessment shall be levied which exceeds thirty-five percent (35%) of the budgeted expenses of the Association for that calendar year, without the vote or written assent of 2/3 of the Class A Owners. The Board shall, in its discretion, determine the schedule under which such Special Assessment will be paid. 8.4 Limited Assessments. Notwithstanding the above provisions with respect to Regular and Special Assessments, the Board may levy a Limited Assessment against a Building Lot and the Owner thereof personally as a remedy to reimburse the Association for costs (together with the 10% management fee, interest and attorneys fees as provided in Article 9 below) incurred in bringing the Owner and/or such Owner's Building Lot into compliance with the provisions of these CC&R's. 8.5 Notice and Assessment Due Date. Except for the Special Transfer Assessment, the Start-up Assessment and initial prorated Regular Assessment, written notice of all other assessments shall be given to the Owner at the property address in the property covered by this Declaration or DAN WOOD VIRTUAL SUBDIVISION CC&R'S Page 21 of 29 to such other address as the Owner supplies in writing to the Board. Such notice shall set out the amounts due and the date(s) due. Each installment of Assessments shall become delinquent if not paid within ten (10) days after the levy and notice thereof. The Association may bring an action against the delinquent Owner and may foreclose the lien against such Owner's Building Lot as more fully provided herein. 8.6 Late Fees• Interest on Past Due Assessments: Assessments of any kind which are not paid within thirty (30) days of the due date shall be assessed an additional late charge of $100.00. In addition, interest shall be paid on the unpaid assessment at the rate of one and one-half percent (1- 1/2%) per month from the date the assessment was due until the date of payment. 8.7 Estoppel Certificate. The Association, upon at least twenty (20) days prior written request, shall execute, acknowledge and deliver to the party making such request, a statement in writing stating whether or not, to the knowledge of the Association, a particular Building Lot Owner is in default under the provisions of this Declaration, and further stating the dates to which any Assessments have been paid by the Owner. Any such certificate delivered pursuant to this paragraph may be relied upon by any prospective purchaser or Mortgagee of the Owner's Building Lot. Reliance on such Certificate may not extend to any default as to which the signor shall have had no actual knowledge. ARTICLE 9: ENFORCEMENT OF COVENANTS AND ASSESSMENTS; LIENS 9.1 Right to Enforce; Attorneys Fees. The Association has the right to enforce these covenants and to collect and enforce its Assessments. Each Owner of a Building Lot, by accepting a deed to a Building Lot, covenants and agrees to comply with the terms, covenants, conditions and restrictions contained herein and to pay each Assessment provided for in this Declaration and agrees to the enforcement of all covenants and Assessments in the manner herein specified and/or by law. In the event an attorney or attorneys are employed for the enforcement of any covenants or the collection of any Assessment, whether by suit or otherwise, or to enforce compliance with or specific performance of the terms and conditions of this Declaration, each DAN WOOD VIRTUAL SUBDIVISION CC&R'S Page 22 of 29 Owner agrees to pay reasonable attorney's fees in addition to any other relief or remedy against such Owner. The Board or its authorized representative may enforce these covenants or the obligations of the Owner hereunder by: (1) direct corrective action against the Owner or the offending violation; (2) litigation at law or in equity; (3) foreclosure of the liens created herein; (4) expenditure of funds to remedy any violations; and/or (5) any other lawful action. 9.1.1 Corrective Action. In the event an Owner fails to comply with any provisions of these Declarations, the Board shall have authority to take appropriate corrective action against said Owner. Each Owner who is the subject of such corrective action agrees to and shall pay all the costs of said corrective action, plus interest on all expended funds from the date of expenditure at the rate of 1-1 /2% per month, plus a management fee equal to ten percent (10%) of all the costs expended for the corrective action, and all attorneys fees incurred. Such shall be a Limited Assessment against that Lot and that Lot Owner and shall create a lien enforceable in the same manner as other assessments set forth in these CC&R's. If such an assessment is not paid within ten (10) days of notice of the limited assessment, the Owner shall also be subject to late fees set out herein. 9.1.2 Notice of Corrective Action: Prior to taking corrective action the Board, or its authorized representative, shall give notice to the Owner of the violation of these Declarations, the remedy necessary and the date by which the remedy must be completed. In the event the Owner has not remedied the violation by the time set out in the notice the Owner consents to corrective action by the Board or its representatives and shall pay all the costs of such corrective action as set out in this Declaration. 9.2 Assessment Liens. There is hereby created a lien with power of sale on each and every Building Lot to secure payment of any and all Assessments levied against such Building Lot together with other charges as provided in this Declaration. All sums assessed in accordance with the provisions of this Declaration shall constitute a lien on such respective Building Lots upon recording of a claim of lien with the County Recorder. Such lien shall be prior and superior to all other liens or claims created subsequent to the recording of the claim of lien except for tax liens for real property taxes on any Building Lot and Assessments on any Building Lot in favor of any municipal or DAN WOOD VIRTUAL SUBDIVISION CC&R'S Page 23 of 29 other governmental assessing body which, by law, would be superior thereto. 9.2.1 Claim of Lien. Upon default of any Owner in the payment of any Assessment, the Association may cause to be recorded in the office of the County Recorder a claim of lien. The claim of lien shall state the amount of such delinquent sums and other authorized charges (including the cost of recording), a sufficient legal description of the Building Lot(s) against which the same have been assessed, and the name of the record Owner (or reputed Owner) thereof. Each default shall constitute a separate basis for a claim of lien, but any number of defaults may be included within a single claim of lien. Upon payment to the Association of all Assessments and all other charges of any kind set out in this Declaration or other satisfaction thereof, the Association shall cause to be recorded a notice releasing the lien. The Association may demand and receive the cost of preparing and recording such release before recording the same. 9.3 Method of Foreclosure. The lien may be foreclosed like a mortgage; foreclosed by power of sale; foreclosed pursuant to Idaho Code 45- 507; or foreclosed by any other appropriate action in court. The Owner shall pay all of the Association's attorneys fees and costs of the action if the Association prevails. Any sale shall be conducted in accordance with Idaho law applicable to the exercise of powers of sale. The Board is authorized to appoint its attorney, any officer or director of the Association, or any title company authorized to do business in Idaho as trustee for the purpose of conducting such power of sale or foreclosure to the extent allowed by law. 9.4 Action at Law. The Association may, in it's discretion, elect not to foreclose the lien and simply file an action at law against the Owner for the monies due. The Owner shall pay all of the Association's attorneys fees and costs of the action if the Association prevails. 9.5 Required Notice. Any claim of lien shall be recorded with the County Recorder. In the event that the Association elects to file a lien and foreclose pursuant to Idaho Code 45-507 then the Association shall serve the copy of the recorded lien on the Owner within 24 hours of the recording of the lien as required by 45-507. No foreclosure action maybe brought to foreclose the lien, whether judicially, by power of sale or otherwise, until the expiration of thirty (30) days after a copy of such claim of lien has been deposited in the DAN WOOD VIRTUAL SUBDIVISION CC&R'S Page 24 of 29 United States mail, certified or registered, postage prepaid, to the Owner of the Building Lot(s) described in the claim of lien, and to the person in possession of such Building Lot(s). No prior notice to the Owner is required for the Association to file an action at law for the monies due; provided, however, that no action at law can be filed until an Assessment is more than 60 days in default. 9.6 Subordination to Certain Trust Deeds. The lien for the Assessments provided for herein shall be subordinate to the lien of any first deed of trust or first mortgage given and made in good faith and for value that is of record as an encumbrance against such Building Lot prior to the recording of a claim of lien for the Assessments. The transfer of any lot pursuant to a foreclosure of a first deed of trust or mortgage shall extinguish the lien of the Assessments which came due before the foreclosure. Otherwise, the sale or transfer of any Building Lot shall not affect any liens or lien rights that Association has in this Declaration. Nor shall such sale or transfer diminish or defeat the personal obligation of any Owner for Assessments. 9.7 Rights of Mortgagees. Notwithstanding any other provision of this Declaration, no amendment of this Declaration shall operate to defeat the rights of the Beneficiary under any deed of trust upon a Building Lot made in good faith and for value, and recorded prior to the recording of such amendment, provided that after the foreclosure of any such deed of trust such Building Lot shall remain subject to this Declaration as amended. Any Mortgagee requesting in writing shall be given notice of any default in the payment of Assessments for the lot the subject of the mortgage. ARTICLE 10: EASEMENTS 10.1 Easements of Access. Grantor expressly reserves for the benefit of all the Property and Owners reciprocal easements of access, ingress and egress to and from their respective Building Lots. These reserved easements are for; (1) installation and repair of utility services in the easement areas identified on the plat; (2) drainage of water (by buried pipe and not by flooding) across and under adjacent Building Lots and Common Areas in the drainage easement areas shown on the plat; (3) reasonable and necessary access by adjacent Owners for the maintenance and repair of fencing, retaining walls, lighting facilities, mailboxes, sidewalk abutments, trees, landscaping and the DAN WOOD VIRTUAL SUBDIVISION CC&R'S Page 25 of 29 like. Such easements may also be used as necessary by Grantor and the Association. 10.2 Utility Easements. This Declaration is subject to all easements granted by Grantor before or after this Declaration for the installation and maintenance of utilities, drainage facilities, sewer, water, irrigation systems and the like that are required for the development of the Property. Grantor reserves, for the benefit of the Association, the right to grant additional easements and rights-of-way over the Property to utility companies and public agencies as necessary or expedient for the proper development of the Property. 10.2.1 Improvement of Drainage and Utility Easement Areas. No permanent structures or Improvements shall be constructed on any drainage or utility easement areas which would interfere with or prevent the easement from being used for it's intended purpose. Landscaping and fences in these easement areas are permitted in this Declaration if they do not interfere with the use of the easement. ARTICLE 11: MISCELLANEOUS 11.1 Term. The easements granted in this Declaration shall be perpetual. These CC&R's shall run with the land, and remain in effect, until December 31, 2025, unless amended as provided. After December 31, 2025, these CC&R's shall be automatically extended for successive periods of ten (10) years each, unless amended or terminated by a recorded instrument executed by Members holding at least three-fourths (3/4) of the voting power of the Association. The Association shall not be dissolved without the prior written approval of the City of Meridian. 11.2 Amendment By Grantor. Until the recording of the first deed to a Building Lot, the provisions of this Declaration may be amended, modified, clarified, supplemented, added to or terminated by Grantor alone by recording a written instrument setting forth such amendment or termination. 11.3 Amendment By Owners. Any amendment to this Declaration, shall be by an instrument in writing signed and acknowledged by the President and Secretary of the Association certifying and attesting that such amendment DAN WOOD VIRTUAL SUBDIVISION CC&R'S Page 26 of 29 has been approved by the vote, or written consent, representing two thirds (2/3) or more of the votes in the Association. Any amendment shall be effective upon recording with the County Recorder of such amendment. 11.4 Effect of Amendment. Any amendment of this Declaration approved in the manner specified above shall be binding on all Owners and all Property, notwithstanding that some Owners may not have voted for or consented to such amendment. Amendments may add to and increase the covenants, conditions, restrictions and easements applicable to the Property but no amendment shall prohibit or unreasonably interfere with the allowed uses of any Owner's property which existed prior to the said amendment. 11.5 Annexation of Additional Area. Declarant shall have the right to annex and include additional and similar areas owned by Declarant into these Declarations and to make these additional areas subject to the jurisdiction of these CC&R's and the Association. Declarant may annex these additional areas by recording a "Notice of Annexation" with the County Recorder describing the additional property to be annexed and referring to these Declarations and specifically stating in the notice any other or modified or additional restrictions that apply to the additional lands. Upon recording of the Notice of Annexation, these CC&R's shall apply to the additional lands (as added to or modified by the Notice of Annexation) as if the additional land were originally covered by this Declaration. Thereafter, the rights, privileges, duties and liabilities of all parties with respect to the additional lands and the lands described in this Declaration will be governed by these Declarations and the Notice of Annexation as if all had been done together originally. The Association shall manage all the lands together. 11.6 Mortgage Protection. No amendment of this Declaration shall operate to defeat or render invalid the rights of the beneficiary under any first deed of trust made in good faith and for value, and recorded prior to the recording of such amendment, provided that after foreclosure of any first deed of trust such Building Lot shall remain subject to this Declaration, as amended. 11.7 Notices. Any notices required by these CC&R's shall be in writing and may be delivered either personally, by mail, or by overnight courier. Delivery shall be complete when served personally, posted prepaid at the Post Office or delivered prepaid to the overnight courier. Notices shall be sent to DAN WOOD VIRTUAL SUBDIVISION CC&R'S Page 27 of 29 Owners at the address of the property or if the Owner has given a different address to the Association in writing then notices shall be given to that address. Such address may be changed from time to time by notice in writing to the Association. Notices to the Grantor and to the Association shall be given to that address of Grantor on Page One until Owners are given notice in writing of another address for notice. 11.8 Enforcement and Non -Waiver. These CC&R's may be enforced by Declarant, the Board, the Association or any Owner. Failure to enforce any of the terms of this Declaration at any time shall not be a waiver of the right to do so thereafter. Nothing contained herein shall be construed as an obligation of the Declarant, Board, or Dan Wood Virtual Neighborhood Association to enforce any of these CC&R's. Neither Declarant, Board nor Dan Wood Virtual Neighborhood Association shall have any liability of any kind to any person or Lot Owner for failing to enforce any of these CC&R's. 11.9 Successors and Assigns. All references herein to Declarant, Owners, the Association or person shall be construed to include all heirs, successors, assigns, partners and authorized agents of such Grantor, Owners, Association or person. DATED THIS day of D. W. Inc. an Idaho Corporation By_ Title STATE OF IDAHO, ) ( ss. COUNTY OF ADA, ) 1999. On this day of , 19_, before me, a notary public in and for said State, personally appeared Daniel A. Wood, known or identified to me to be the President of D.W. Inc. the corporation that executed the DAN WOOD VIRTUAL SUBDIVISION CC&R'S Page 28 of 29 foregoing instrument and acknowledged to me that such corporation executed the same. hereunto set my hand and affixed my IN WITNESS WHEREOF, I have official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing in , Idaho My Commission Expires: DAN WOOD VIRTUAL SUBDIVISION CC&R'S Page 29 of 29 t A CIW OF MERIDIAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888-4433 Order No. Date \` _ al \4 —g Name , Address '3 app Phone: SOLD BY I ^` c ur C.O.D. CHARGE ON ACCT. Aao MDSE. RETD. PAID OUT I 00 �So I AN claims and returned goods MUST be accompanied by this bill. TAX 00 0 9 3 7 5 Received Cl TOTAL GS -202-2 PRINTED IN U.S.A. reixTeomrx Vr`�� aJ SOY INK .W. INC. 2067 13141 W. BLUEBONNET CT. 208-939-2626 BOISE, ID 83713 92-6/1241 237 DATE D � PAY TO THE ` ORDER OF'J, tVkAr—$ �, / Z 2� - �-� DOLLARS �,.,,.��, First secunty. BaNung • Investments • Insurance I-208-393-4200 ^ FOR 11100 2067111 11:1 241000641:003 00359 6811' D.W. INC. 13141 W. BLUEBONNET CT. 208-939-2626 BOISE, ID 83713 PAY TO THE ORDER OF 2066 92-6/1241 237 DATE L b � c1 DOLLARS First securFty., Banking • Investments • Insurance I -208-3 3-4200 FOR zo t,�N 11100 20 611' 1:1241000P=41:003 00 3 59 6811' -` - -- - --� -- D.W. INC. 13141 W. BLUEBONNET CT. 208-939-2626 BOISE, ID 83713 '! PAY TO THE � A _ ORDER OF 2065 92-6/1241 237 DATE 0 $ DOLLARS Ba�E�, First security,. Banking • Investments • Insurance 1-208-393-4200 FOR 11100 206511' 1:12410co641:003 00359 68.11' -U -B ENGINEERS, Inc. LETTER OF TRANSMITTAL 250 S. Beechwood Avenue �.� , Suite 201 EDATE:31/00Boise, Idaho 83709-0944Telephone: 208/376-7330AME: WOOdhaVen SUbdIVISIOn FAX: 208/323-9336 ANAGER: Gary A. Lee, P.E./L.S. TO: Shari Stiles City of Meridian Planning & Zoning 200 E. Carlton Meridian, ID 83642 GENTLEMEN: We are sending you the following items: ® ATTACHED ❑ SHOP DRAWINGS ®PLANS ❑ PRINTS ❑ COPY OF LETTER ❑ CATALOG SHEETS SUBJECT: ❑ UNDER SEPARATE COVER via ❑ SAMPLES ❑ SPECIFICATIONS ❑ CHANGE ORDER ❑ THESE ARE TRANSMITTED AS CHECKED BELOW: ❑ FOR APPROVAL ❑ AS REQUESTED ❑ FOR SIGNATURE ® FOR YOUR USE ® FOR REVIEW AND COMMENT ❑ RETURNED FOR CORRECTIONS ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS: a d 47F� 1, D,EculvED FFR 0 1 7000 City of Meridian �'1erk Office IF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY US AT ONCE. /' J -U -B ENGII41E S, Inc. COPY FOR SIGN ED: Gary A. Lee, P.E./L.S., Project Manager RECEIVED BY: DATE: PLEASE SIGN, DATE, AND RETURN COPY TO J -U -B RE` ,7 lye M STA - 0.00 M ELEV - MM PN STA - 0.110 8 0 11 1 o M su . o.ao PN E3fY . T1.21 M STA .1.01..0 3 PN Elft/ - 110.31 j- 5 GOl.O11U0 11. ].61N- 3Y $ I w PN STA iM PO STA : n_21 S u an aPPEn ASE. su 1.ISao STA = ...x.0 I k 119 _I I T U eTcs: 2.eo j EME: 111.38 ( 1 N g Q o r12 I a 8 � I � •8� s v - ' EVU: »110 i EVCE: ».811 I 22222. n i 9222P. 6 I�? M STA - ..1C» M F1EV - 11A3 Y OWPEA AIE. SEA 1.21q • — Pc ESEV - TT.q C I `IW G1 _ Poo- Ln o - _ Ln g � I M siA s.]6N fTl ET1 711,0 n.06". _ I ! I mitf r� „ Iq 8 � t M 1- ' .1 PN VA yn.ID _ I PN ELEV vl Y �p a. O p PRELIFENARY STRIEEfi 6 PROFILE8 WOODHAVEN SUBDIVISION J -U -B ENGINEERS, Inc. A 2'A soul" KECNM000 AVENUE SURE 201 101SE. M o enov-osu ' 1 LOCATED IN 8E 1/4 8E V4. SECTION 20 T.3N.. FIAE- LM. MIow - 201-n11-2330 TM- 206-423-9334 1 ADA COUNTY, DAHO y � PRO►OgD � �\ 1 116011 ��.� 0 s, n e6 is f 4' N 1A r SN^r7 ri 1 Nm•7 � \ �. S 7 I o r goo' I 1 : as Y 3 iq 4 Ul o z > s S- I � �Im 1 E r sNr2R a cc ° Q RAI F NE X i ? c s R/v�rNv_3Rr ullc) 1' II IIIIa11 vA si. c01 +II UA Y4. Dp •� SS �i" TON iTIM •iNm PI 'r0 ,i 953=Y €�a'Saa%3o�da�` z O ' t: A n 2A0j 9EV3[ m" 1>�»1x� PRELIWNARY ENGINEERING CONCEPTUAL PLAN p �0 »,.1»e:a' % WOODHAVEN SUBDIVISION J -U -B ENGINEERS. Inc. 1 :;tai. �i�. ` i i=a.. nww... 230 30U7N KECHWOOD AVEMA (a n. SUBS 201 C LOCATED IN SE 1/4 SE V1, SECTION 20 600L **W 63700 -ft" T.3N.. R.IE.. /. N. Fl101C me 376 ADA COUNTY. MAHO rm 200-323-0336 �o X12 lA O a� o Iwi H PROPOM n,OusisRtas RANO mP0N Nn ee T u n I to � i I t e Y I 21 4+e I a I r � I ®SSQj r � a 77 ate j+O r „ I / a" s =Ye y to I 8+® r u7 �•a` — - - —r 5 00.00',8- E 521/0'- 'f .7 5 EA ROAD o ir' um or BEA;" 1. 14 ° Ryq� i` 4"- ;� � 6�Qa 3� M!yi�3g8 !ri ;i6 i s ,� iia 1 --1ia�41 #_ � a _ � � �. � . t �s • }y }k .�. yy q �}q l : e [ ELL L / ,= C PRELIMINARY PLAT 1 A+ WOODHAVEN SUBDIVISION J -U -B ENGINEERS, Inc. } _ �awu+w d,w n■' tvn, �,. 250 SOUTH BEECHWO00 1VEHUE ADA COUNTY. NANO i nm SUITE zo, _— - LOCATED IN SE I/4 SE 1/4 OF SCTION 20 6013L 10.0 6.370x-°YN !t! T.3N, R. IE.. B.M. .HONE, 108-376-7730 Y/ �� 104-325-6336 `` r U•B TO: Shari Stiles City of Meridian Planning & Zoning 200 E. Carlton Meridian, ID 83642 J-U-B.KNGINEERS, Inc. 250S, echwood Avenue Suite 201 Boise, Idaho 83709-0944 Telephone: 208/376-7330 FAX: 208/323-9336 LETTER OF TRANSMITTAL DATE: 1/31/00 Project No. 11606 PROJECT NAME: Woodhaven Subdivision PROJECT MANAGER: Gary A. Lee, P.E./L.S. SUBJECT: GENTLEMEN: We are sending you the following items: ® ATTACHED ❑ UNDER SEPARATE COVER via ❑ SHOP DRAWINGS ®PLANS ❑ PRINTS ❑ SAMPLES ❑ SPECIFICATIONS ❑ COPY OF LETTER ❑ CATALOG SHEETS ❑ CHANGE ORDER ❑ COPIES DATE or No. DESCRIPTION 1 1/28/00 8 1/2 x 11 of reduced plat -sheets 1-3 THESE ARE TRANSMITTED AS CHECKED BELOW: ❑ FOR APPROVAL ❑ AS REQUESTED ❑ FOR SIGNATURE ® FOR YOUR USE ® FOR REVIEW AND COMMENT ❑ RETURNED FOR CORRECTIONS ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS: RWENED FEB 0 1 2000 City of Meridian "itv Clerk Office IF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY US AT ONCE.; -- J -U -B ENGIN ERS, Inc. COPY FOR Gary A. Lee, P.E./L.S:; Project Manager RECEIVED BY: I DATE: PLEASE SIGN, DATE, AND RETURN COPY TO J -U -B. -_ _ fnr'�� •1'�np�� of l�fvho . r, STATE TAX COMMISSION 8(N) Park Blvd.. Plaza IV • Boise. ID • 8_+7" May 9, 2002 William G. Berg, Jr. Meridian City Clerk 33 East Idaho Avenue Meridian, ID 83642 V� Subject: Ordinance Nos. 874 and 892 Dear Mr. Berg: RECEIVED MAY 1 200? TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: July 12, 2000 Transmittal Date: June 23, 2000 Hearing Date: July 18, 2000 File No.: FP 00-012 Request: Final Plat for Woodhaven Subdivision of 2 building lots and 2 other lots on 8.25 acres By: Dan Wood / D.W., Inc. Location of Property or Project: west of Eagle Road between Overland and East Victory Sally Norton, P/Z ** Kent Brown, P/Z ** Thomas Barbeiro, P/Z ** Richard Hatcher, P/Z ** Keith Borup, P/Z ** Robert Come, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (no C/C only) Building Department Your —Fire Department V/ Police Department City Attorney City Engineer City Planner Gen - 26 PP/FP/PFP - 24 AZ - 27 ** no FP Meridian School District ** Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Bureau of Reclamation (FP/PP) Idaho Transportation Department ** Ada County (Annexation) RECEIVED JUL 0 3 2000 CITY OF MERIDIAN CITY CLERK OFFICE HUB OF TREASURE VALLEY LEGAL DEPARTMENT MAYOR A Good Place to Live (208)_88-2499 • Fax 288-25,01 Robert D. Corrie CITY OF MERIDIAN PUBLIC WORKS BUILDING DEPART' CITY COUNCIL MEMBERS 33 EAST IDAHO (208) 887-2211 • Fax 887-1297 Ron Anderson NIERIDIAN, IDAHO 83642 PLANNING AND ZONING Keith Bird (208) 888-4433 • Fax (208) 887-4813 DEPARTMENT Tammy deWeerd City Clerk Office Fax (208) 888-4218 (208) 884-5533 • Fax 888-6854 Cherie McCandless TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: July 12, 2000 Transmittal Date: June 23, 2000 Hearing Date: July 18, 2000 File No.: FP 00-012 Request: Final Plat for Woodhaven Subdivision of 2 building lots and 2 other lots on 8.25 acres By: Dan Wood / D.W., Inc. Location of Property or Project: west of Eagle Road between Overland and East Victory Sally Norton, P/Z ** Kent Brown, P/Z ** Thomas Barbeiro, P/Z ** Richard Hatcher, P/Z ** Keith Borup, P/Z ** Robert Come, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (no C/C only) Building Department Your —Fire Department V/ Police Department City Attorney City Engineer City Planner Gen - 26 PP/FP/PFP - 24 AZ - 27 ** no FP Meridian School District ** Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Bureau of Reclamation (FP/PP) Idaho Transportation Department ** Ada County (Annexation) RECEIVED JUL 0 3 2000 CITY OF MERIDIAN CITY CLERK OFFICE BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF DAN WOOD / ) D.W., INC. FOR APPROVAL OF ) FINAL PLAT FOR TWO ) BUILDING LOTS AND TWO ) OTHER LOTS ON 8.25 ACRES ) FOR WOODHAVEN ) SUBDIVISION, LOCATED AT ) WEST OF EAGLE ROAD ) BETWEEN OVERLAND AND ) EAST VICTORY, MERIDIAN, ) IDAHO ) 07-20-00 CASE NO. FP -00-012 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code § 12-3-7 on July 18, 2000, and the Council finding that the Administrative Review is complete which has included certain comments and conditions as stated in a letter to the Mayor and Council from Shari Stiles, Planning and Zoning Administrator, and Bruce Freckleton, Engineering Technician III, listing 6 General Comments and 8 Site Specific Comments, which are herein found fair and reasonable, and that Shari Stiles, Planning and Zoning Administrator, commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council takes the following action: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WOODHAVEN SUBDIVISION (FP -00-012) IT IS HEREBY ORDERED THAT: I The Final Plat of "WOODHAVEN SUBDIVISION' as evidenced in Plat bearing the date 6/12/00 and a handwritten date of 6-20-00, Sheet 1 of 2, 11 606fp l.dwg, by J -U -B Engineers, Inc., D.W. Inc., Developer, and the Final Plat of "WOODHAVEN SUBDIVISION', is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician III, and Shari Stiles, Planning and Zoning Administrator, dated July 13, 2000, listing 6 General Comments and 8 Site Specific Comments, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of two pages, and by this reference incorporated herein, and also incorporating the comments back from J -U -B Engineers, Inc., on behalf of D. W., Inc., in their letter dated July 18, 2000, a true and correct copy of which is attached hereto marked Exhibit "B", and consisting of two pages, and by this reference incorporated herein, with the additional requirements as follows, to -wit: 1.1 The City Council, at their July 18, 2000 meeting, approved to incorporate the following language to the Staff comments, dated July 13, 2000, under Site Specific number 1 as follows: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT 2 FOR WOODHAVEN SUBDIVISION (FP -00-012) The Applicant shall be required to extend sewer along Eagle Road to Moon Dipper Street, and additionally extend the water the entire frontage of Eagle Road. 1.2 Fire Chief, Kenny Bowers, requires that there will be no parking of vehicles, equipment or trailers in the cul-de-sacs. 1.3 The Central District Health Department requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WOODHAVEN SUBDIVISION (FP -00-012) 3 2. 1.3.1 State of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 1.3.2 Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Worlcs Department, January 1997. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: a. The Plat dimensions are approved by the City Engineer; and b. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. By action of the City Council at its regular meeting held on June 6, 2000. By: BERT D. CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department, the Public Works 11u1iF1111'.. Department, and the City Attorney. g Dated City Clerk msg\Z:\Work\M\Meridian 1536OM\Woodhaven\OrderFP ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WOODHAVEN SUBDIVISION (FP -00-012) MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless MEMORANDUM: ,1_11., HUB OF TREASURE VALLEY n A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888--4433 - Fax (208) 887-4813 Citv Clerk Office Fax (208) 888-4218 To: Mayor & City Council From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, P&Z Administrator n�- "1-lk� (308) 884-5533 - Fax 388-6854 July 13, 2000 Re: Request for Final Plat for WOODHAVEN SUBDIVISION — 29 Single-family Lots on 8.25 Acres by D.W. Inc. We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council. GENERAL COMMENTS All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. 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. 4. Submit "Finan' letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform 5. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 6. If possible, respond in writing to the each of the comments contained in this memorandum, prior to the scheduled July 18, 2000 hearing by the Meridian City Council. Submit three copies of the revised Final Plat Map to the Public Works Department for compliance review prior to development plan approval. Mayor & City Council July 13. 2000 Paize 2 SITE SPECIFIC COMMENTS Sanitary sewer and water service to this site will be via extensions of the existing mains installed in adjacent developments. Applicant will be responsible to construct lateral sewer and water mains to and through this proposed development. Installation of a sewer and water lines in S. Eagle Road will be required so as to provide service to adjacent property through this development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 2. A perimeter fencing plan and detailed landscape plan for S. Eagle Road was submitted for review and approval by staff-.vith the final plat application. The exact location of all fencing is not clear on the plans. No fencing will be permitted within the 30 -foot -wide landscape buffer along Eagle Road. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. Perimeter fencing shall be installed prior to obtaining building permits. 3. The pressurized irrigation system is proposed to be an extension of the existing Nampa & Meridian Irrigation District system serving Thousand Springs Village Subdivision. 4. The areas set aside as easements for storm drainage on Lots 13, 14, 23-25, Block 2, shall be contained within common areas per the agreement between the City of Meridian and the Ada County Highway District. 5. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 6. Staffs failure to cite specific ordinance provisions or terms of the approved preliminary plat does not relieve Applicant of responsibility for compliance. 7. Please deliver a copy of the second page of the plat for review and approval the Public Works Department. 8. Please label the area south of the subdivision boundary as "UNPLATTED" July 18, 2000 Bruce Freckleton Shari Stiles City of Meridian 200 E. Carlton Meridian, ID 83642 RE: WOODHAVEN SUBDIVISION - Final Plat Comments Dear Bruce and Shan: Tlie following comments are in -response to your Memorandum of July 13, 2000: GENERAL COMMENTS 1. krigation plans are being prepared for review by the Boise Project Board of Control. Plans will include the piping of the McDonald Lateral. The approval letter will be submitted to the Public Works Department. 2. -Any existing wells and/or septic systems will be removed from domestic service as required by city ordinance. 3. Streetlights will be installed at the subdivider's expense at locations designated by the Public Works Department. 4. The "Final" letter from the Ada County Street Name Committee will be submitted as soon as it is received from the county. 5. Fire hydrants are shown on the street improvement plans as submitted. Please review the placement of the hydrants. 6. Three (3) copies�of the revised Final Plat will be submitted to the Public Works Department for compliance. This response is being forward to Public Works and Planning Et Zoning Departments, City of Meridian. i S9TE SPECIFIC COMMENTS 1, The developer will extend sewer eastward from the subdivision out to a point at the approximate intersection of S. Eagle Road and E. Moondipper Street. Water lines will be extended along the frontage of Woodhaven Subdivision as shown on the plans. 1 1 i Tlil10 SMP tC•-2'7 ---------- ---- -- 9 h ii f'J- Engincurs Surveyors . Planners 2. There is existing fencing on the north and west boundaries of the subdivision. To the south, fencing will be installed on the McDonald Lateral easement tine. Fencing will be installed along Eagle Road and it will remain outside the 30 - foot landscaped buffer. 3. The Nampa Et Meridian Irrigation District is reviewing the pressurized irrigation system. The approval tetter will be forwarded to the city. 4. Storm drainage easements will be removed from the plat and drain beds shifted to comply with Ada County Highway District requirements. Plat and plans will be modified. 5. By submittal of this letter, I Gary A. Lee P.E./L.S., state that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 6. We understand the Applicant's responsibility of compliance. 7. A copy of the second page of the plat will be submitted to the Public Works Department. i 8. The area south of the subdivision will be noted as "UNPLATTED" on the Final P lat. Sincerely, J?U-i3 ENGINEERS, Inc. G'Ary A. Lee, P.E./L.S. Pfoject Engineer cc: Dan Wood, D.W., Inc. i 1 j606\admin\flnalplatcondlet.doc Z JUL 18 '00 16::32 2oeeeeses4 PAGE.02 Project Name: CITY CLERK FILE CHECKWT W 60aVia.vev\., Date Received from Planning and Zoning Department: Planning and Zoning Level: ❑ Transmittals to agencies and others: ❑ Notice to newspaper with publish dates: File No. �p C(q - 0 1 (a Hearing Date: ❑ Certifieds to property owners: _ ❑ Planning and Zoning Commission Recommendation: Notes: City Council Level: ® Transmittals to agencies and others: Notice to newspaper with publish dates: Certifieds to property owners: City Council Action: Notes: and ❑ Approve ❑ Deny Hearing Date: Ma rC %t ZOO D V� /Li 2 and a, -t tea- l -7 10Approve ❑ 6eny Findings / Conclusions / Order received from attorney on: 'yto, q- 15 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: ❑ Recorded Resolution No. Deadline: 10 days ❑ Published in newspaper: ❑ Copies Disbursed: Resolutions: Original Res I Copy Cert: Minutebook Copy Res / Copy Cert: City Clerk City Engineer City Planner City Attorney Sterling Coddiers Project File Copy Res / Original Cert: Ada County (CPAs) Applicant (non -CPAs) Recorded Ordinances: Original: Minutebook Copies to: City Clerk State Tax Comm. Sterling Codifiers City Attorney City Engineer City Planner Project file Applicant (if appl.) Findings / Orders: Original: Minutebook Copies to: Applicant Project file City Engineer City Planner City Attorney '• Record Vacation Findings " Recorded Development Agreements: Original: Fireproof File Copies to:Applicant Project file City Engineer City Planner City Attorney FILE torri � � Q RECEIVED CITY OF MERIDIAN CITY CLERK OFFICE BEFORE THE CITY COUNCIL OF THE CITY OF MERID.,1114 05-15-00 IN THE MATTER OF THE ) Case No. PP -99-016 REQUEST FOR PRELIMINARY ) PLAT FOR WOODHA.VEN ) FINDINGS OF FACT AND SUBDIVISION BY DAN WOOD, ) CONCLUSIONS OF LAW AND D.W., INC. ) ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on March 7, 2000, and continued to March 21, 2000, and Steve Siddoway, Assistant Planner for the Planning and Zoning Department, appeared and testified, and the Applicant, Dan Wood, appeared and testified, and appearing for the Applicant was Steve Bradbury, and appearing with comments and/or concerns were: Rex Young, Dave Marquart, Jim Allen, Mary Allen, and the matter was tabled to April 4, 2000, and again until April 18, 2000, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant was Gary Lee of JUB Engineers, and the City Council having received a report from Bruce Frec1deton, Assistant City Engineer, and Brad Hawkins -Clark, Assistant Planner, 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 latest Preliminary Plat at the April 4, 2000, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - DAN WOOD, D.W.,INC., WOODHAVEN SUBDIVISION (PP -99-016) - 1 City Council meeting, and the Preliminary Plat Drawing Dated by handwritten date: 5-8-00, and received by the City of Meridian stamped May 08 2000, Drawn By: LDW, DESIGN BY: BAP, CHECI(ED BY: GAL, PROJECT NO. 11606, SHEET 1 OF 3, by J -U -B Engineers, Inc., DAN WOOD, D.W., INC., Developer/O-vvner, for WOODHAVEN SUBDIVISION, 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 , and requires connection to the Municipal Water and Sewer System. [Meridian City Code § 11-7-2 C.] 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - DAN WOOD, D.W.,INC., WOODHAVEN SUBDIVISION (PP -99-016) - 2 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 Assistant City Engineer 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 Drawing Dated by hand written date: 5-8-00, and received by the City of Meridian stamped May 08 2000, Drawn By: LDW, DESIGN BY: BAP, CHECKED BY: GAL, PROJECT NO. 11606, SHEET 1 OF 3, by J -U -B Engineers, Inc., DAN WOOD, DW, INC., Developer/Owner, for WOODHAVEN SUBDIVISION". DECISION AND ORDER FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - DAN WOOD, D.W.,INC., WOODHAVEN SUBDIVISION (PP -99-016) - 3 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 Drawing Dated by hand written date: 5-8-00, and received by the City of Meridian stamped May 08 2000, Drawn By: LDW, DESIGN BY: BAP, CHECKED BY: GAL, PROJECT NO. 11606, SHEET 1 OF 3, by J -U -B Engineers, Inc., DAN WOOD, DW, INC., Developer/Owner, for WOODHAVEN SUBDIVISION', 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: 2.1 Sanitary sewer service to this site shall be via an extension from the existing main line installed in Thousand Springs Village Subdivision. Subdivision designer shall coordinate main sizing and routing with the Public Works Department. Sewer manholes shall be provided to keep the sewer lines on the south and west sides of centerline. 2.2 Water service to this site shall be via extensions of the existing main in line installed in Thousand Springs Village Subdivision. Applicant shall be responsible to construct the water mains to and through this proposed development. Subdivision designer shall coordinate main sizing and routing with the Public Works Department. 2.3 Developer shall indicate any existing ditch easements on the preliminary FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - DAN WOOD, D.W.,INC., WOODHAVEN SUBDIVISION (PP -99-016) - 4 plat map. 2.4 A fencing plan, and detailed landscape plan for all landscaped areas, shall be submitted for review and approval prior to submittal of the final plat map. A letter of credit or cash surety shall be required for the improvements prior to signature on the final plat. Perimeter fencing shall be installed prior to obtaining building permits. 2.5 A letter of credit or cash shall be required for all landscaping, sanitary sewer, water, etc., prior to signature on the final plat. 2.6 Applicant's engineer shall be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 2.7 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 subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 2.8 The reference to "A Planned Unit Development is Requested" in the "Project Summary" box at the bottom of the plat shall be deleted. 2.9 All proposed roads shall have a 50 -foot right-of-way with a 36 -foot street section. Developer shall continue the detached/parkway sidewalks south into Woodhaven on both sides of S. Moon Dipper Avenue to the intersection of E. Goldbug Street, as designed in Thousand Springs Village to the north. 2.10 City Ordinance No. 11-10-4 allows house sizes in the R-8 zone to vary throughout the subdivision, as long as they are dispersed. The Applicant proposes the following disbursement of house sizes, which comply with the ordinance: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - DAN WOOD, D.W.,INC., WOODHAVEN SUBDIVISION (PP -99-016) - 5 House Size # of Houses on Plat % Provided Allowed % by Code 1,000 - 1,100 s.f. 2 6% 10% 1,100 - 1,200 3 10% 15% 1,200 - 1,300 7 23% 25% 1,301 + 17 56% 50% 2.11 A note shall be added to the plat stating the minimum house size is exclusive of garages. Adopt the Recommendations of Central District Health Department as follows: 2.12 The Applicant's central sewage and central water plans shall be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2.13 Run-off shall not create a mosquito breeding problem. 2.14 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.15 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 Meridian Fire Department as follows: 2.16 All street name signs and roads shall be constructed before building begins. 2.17 There shall be no parking of vehicles or trailers in the cul-de-sacs. 2.18 There shall be no parking in the common lot in front of Block 2, Lots FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - DAN WOOD, D.W.,INC., WOODHAVEN SUBDIVISION (PP -99-016) - 6 28, 29, 30 and 31. Adopt the additional conditions set forth at the City Council meeting of April 18, 2000 as follows: 2.19 The fencing along the McDonald Lateral shall be similar to Thousand Springs Village Subdivision at the height of the lateral to the West. The fence line shall be built up as necessary to the same level as the roadway which parallels McDonald Lateral. The Developer shall design and install the fence as required. 2.20 The Developer shall work with the Boise Project Board of Controls so piping of McDonald Lateral and the installation of the separate delivery system for the property owners can be done simultaneously. 2.21 The Developer shall survey and stake the property line after McDonald Lateral is piped so that the City boundaries are clearly established and marked. 2.22 The following statement shall be included upon the Plat, and contained in all deeds transferring any lots within the subdivision: "Limits on Lawsuits against Agricultural Operations: Pursuant to Idaho Code §§ 22-4501 through 22-4504, no agricultural operation or appurtenance to it shall be or become a nuisance, public or private, as a result of changes in surrounding uses when such operation or appurtenance was not a nuisance when the operation began, unless the operation is improper or negligent as set out in Idaho Code § 22- 4502(2)." Adopt the ACHD Recommendations as follows: 2.23 Dedicate 48 -feet of right-of-way from the centerline of Eagle 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 shall be compensated for all right-of-way dedicated FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - DAN WOOD, D.W.,INC., WOODHAVEN SUBDIVISION (PP -99-016) - 7 as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance # 193. 2.24 Construct a 5 -foot wide detached sidewalk on Eagle Road abutting the entire site. The sidewalk should be located two feet within the new right-of-way of Eagle Road. Coordinate the location and elevation of the sidewalk with District staff shall be required. 2.25 Locate the Moon Dipper Street/Eagle Road intersection approximately 100 -feet south of the north property line, as proposed. 2.26 Construct all public roads within the subdivision as a 36 -foot street sections with curbs, gutters, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. Coordinate the transition of the setback sidewalks to the north of the site with District staff. 2.27 Terminate the Moon Dipper Court and Hood Ranch Place with standard 45 -foot radii cul-de-sacs. Coordinate the design of the cul-de- sacs with District staff. 2.28 Other than the access point specifically approved with this application, direct lot or parcel access to Eagle Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. By action of the City Council at its regular meeting held on the day of 2000. By: ROB RT D. CORRIE Mayor, City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - DAN WOOD, D.W.,INC., WOODHAVEN SUBDIVISION (PP -99-016) - 8 wMa Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By. AftyClerk Dated: — x� —/�;'('o msg/ZAWork\NMeridian 15360M\Woodhaven\FfC1s0rd.PP FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - DAN WOOD, D.W.,INC., WOODHAVEN SUBDIVISION (PP -99-016) - 9 interoffice" MEMORANDUM To: William G. Berg, Jr. cc: Mayor Robert D. Corrie and City Council From: Marlene St. Georg Subject: Woodhaven Preliminary Plat Findings (PP -99-016) Date: May 15, 2000 Will: tZ PcElvED MAY 1 5 2000 CITY OF MERIDIAN Please find attached the revised Preliminary Plat Findings in regards to Woodhaven, PP -99-016, which is Item G under the Consent Agenda. The revisions are pursuant to the latest Plan I found in the file dated 5-8-00. This application has several Plans and the last one was revised at the April 4, 2000 City Council meeting. I was unaware of the most recent one dated 5-8-00. Anyway, when I was beginning the Council items for tomorrow nights Council meeting, I reviewed all the Plans and noticed the latest date of 5-8-00. Please replace these new revised PP Findings with the previous ones sent to your office. If you have any questions please call. Z:\Work\M\Meridian 15360M\Woodhaven\BergMayorCounci1051500.Mem May 11, 2000 MERIDIAN CITY COUNCIL MEETING May 16, 2000 APPLICANT Dan Wood / D.W., Inc. ITEM NO. 6 - PP 99-016 REQUEST REQUEST Preliminary Plat for 45 building lots on 8.25 acres for proposed Woodhaven Subdivision west of Eagle Road btw Overland and E. Victory Roads AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See previous item packet G V" QG� Materials presented at public meetings shall become property of the City of Meridian. �ifl (,4�kt, �,L0 VV w j 41 . April 27, 2000 MERIDIAN CITY COUNCIL MEETING May 2, 2000 APPLICANT Dan Wood / D.W., Inc. ITEM NO. F REQUEST Preliminary Plat for 45 building lots on 8.25 acres for proposed Woodhaven Subdivision west of Eagle Road btw Overland and E. Victory Roads AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: COMMENTS See attached Findings CITY FIRE DEPT:] - -` CITY BUILDING DEPT. CITY WATER DEPT: �� _2 - CC) MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: WWI NAMPA MERIDIAN IRRIGATION: 4-01 t SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become property of the City of Meridian. 10.%, i n to roff ice MEMORANDUM To: William G. Berg, Jr. From: Wm. F. Nichols 4; Subject: Woodhaven Subdivision By: Dan Wood, D.W., Inc. File: PP -99-016 Date: April 21, 2000 Will: RECD APR 2 6 2000 CITY OF MRiD AN 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 April 18, 2000 meeting. The Findings will be on the Council's agenda for May 2, 2000 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. Z:\Work\M\Meridian 15360M\Woodhaven\Berg042100.Mem BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR WOODHAVEN SUBDIVISION BY DAN WOOD, D.W., INC. 04-19-00 Case No. PP -99-016 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 March 7, 2000, and continued to March 21, 2000, and Steve Siddoway, Assistant Planner for the Planning and Zoning Department, appeared and testified, and the Applicant, Dan Wood, appeared and testified, and appearing for the Applicant was Steve Bradbury, and appearing with comments and/or concerns were: Rex Young, Dave Marquart, Jim Allen, Mary Allen, and the matter was tabled to April 4, 2000, and again until April 18, 2000, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant was Gary Lee of JUB Engineers, and the City Council having received a report from Bruce Freckleton, Assistant City Engineer, and Brad Hawkins -Clark, Assistant Planner, 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 latest Preliminary Plat at the April 4, 2000, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - DAN WOOD, D.W.,INC., WOODHAVEN SUBDIVISION (PP -99-016) - 1 City Council meeting, and the Preliminary Plat Drawing Dated: REVISED: 3-28-00, Drawn By: LDW, DESIGN BY: BAP, CHECKED BY: GAL, PROJECT NO. 11606, SHEET 1 OF 3, DAN WOOD, D.W., INC., Developer, for WOODHAVEN SUBDIVISION, 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 , and requires connection to the Municipal Water and Sewer System. [Meridian City Code § 11-7-2 C.] 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - DAN WOOD, D.W.,INC., WOODHAVEN SUBDIVISION (PP -99-016) - 2 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 Assistant City Engineer 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 Drawing Dated: REVISED: 3-28-00, Drawn By: LDW, DESIGN BY: BAP, CHECKED BY: GAL, PROJECT NO. 11606, SHEET 1 OF 3, DAN WOOD, DW, INC., Developer, for WOODHAVEN SUBDIVISION". 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - DAN WOOD, D.W.,INC., WOODHAVEN SUBDIVISION (PP -99-016) - 3 herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER The Preliminary Plat of the applicant as evidenced by "Preliminary Plat Drawing Dated: REVISED: 3-28-00, Drawn By: LDW, DESIGN BY: BAP, CHECKED BY: GAL, PROJECT NO. 11606, SHEET 1 OF 3, DAN WOOD, DW, INC., Developer, for WOODHAVEN SUBDIVISION', 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: 2.1 Sanitary sewer service to this site shall be via an extension from the existing main line installed in Thousand Springs Village Subdivision. Subdivision designer shall coordinate main sizing and routing with the Public Works Department. Sewer manholes shall be provided to keep the sewer lines on the south and west sides of centerline. 2.2 Water service to this site shall be via extensions of the existing main in line installed in Thousand Springs Village Subdivision. Applicant shall be responsible to construct the water mains to and through this proposed development. Subdivision designer shall coordinate main sizing and routing with the Public Works Department. 2.3 Developer shall indicate any existing ditch easements on the preliminary plat map. 2.4 A fencing plan, and detailed landscape plan for all landscaped areas, shall be submitted for review and approval prior to submittal of the final plat map. A letter of credit or cash surety shall be required for the improvements prior to signature on the final plat. Perimeter fencing FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - DAN WOOD, D.W.,INC., WOODHAVEN SUBDIVISION (PP -99-016) - 4 r shall be installed prior to obtaining building permits. 2.5 A letter of credit or cash shall be required for all landscaping, sanitary sewer, water, etc., prior to signature on the final plat. 2.6 Applicant's engineer shall be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 2.7 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 subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 2.8 The reference to "A Planned Unit Development is Requested" in the "Project Summary" box at the bottom of the plat shall be deleted. 2.9 All proposed roads shall have a 50 -foot right-of-way with a 36 -foot street section. Developer shall continue the detached/parkway sidewalks south into Woodhaven on both sides of S. Moon Dipper Avenue to the intersection of E. Goldbug Street, as designed in Thousand Springs Village to the north. 2.10 City Ordinance No. 11-10-4 allows house sizes in the R-8 zone to vary throughout the subdivision, as long as they are dispersed. The Applicant proposes the following disbursement of house sizes, which comply with the ordinance: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - DAN WOOD, D.W.,INC., WOODHAVEN SUBDIVISION (PP -99-016) - 5 House Size # of Houses on Plat % Provided Allowed % by Code 1,000 - 1,100 s.f. 2 6% 10% 1,100 - 1,200 3 10% 15% 1,200 - 1,300 7 23% 25% 1,301 + 17 56% 50% 2.11 A note shall be added to the plat stating the minimum house size is exclusive of garages. Adopt the Recommendations of Central District Health Department as follows: 2.12 The Applicant's central sewage and central water plans shall be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2.13 Run-off shall not create a mosquito breeding problem. 2.14 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.15 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 Meridian Fire Department as follows: 2.16 All street name signs and roads shall be constructed before building begins. 2.17 There shall be no parking of vehicles or trailers in the cul-de-sacs. 2.18 There shall be no parking in the common lot in front of Block 2, Lots FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - DAN WOOD, D.W.,INC., WOODHAVEN SUBDIVISION (PP -99-016) - 6 28, 29, 30 and 31. Adopt the additional conditions set forth at the City Council meeting of April 18, 2000 as follows: 2.19 The fencing along the McDonald Lateral shall be the same as the fencing provided by Thousand Springs Village to the West. The fence line shall be built up as necessary to the same level as the roadway which parallels McDonald Lateral. The Developer shall design and install the fence as required. 2.20 The Developer shall work with the Boise Project Board of Controls so piping of McDonald Lateral and the installation of the separate delivery system for the property owners can be done simultaneously. 2.21 The Developer shall survey and stake the property line after McDonald Lateral is piped so that the City boundaries are clearly established and marked. 2.22 The following statement shall be included upon the Plat, and contained in all deeds transferring any lots within the subdivision: "Limits on Lawsuits against Agricultural Operations: Pursuant to Idaho Code §§ 22-4501 through 22-4504, no agricultural operation or appurtenance to it shall be or become a nuisance, public or private, as a result of changes in surrounding uses when such operation or appurtenance was not a nuisance when the operation began, unless the operation is improper or negligent as set out in Idaho Code § 22- 4502(2)." Adopt the ACHD Recommendations as follows: 2.23 Dedicate 48 -feet of right-of-way from the centerline of Eagle 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 shall be compensated for all right-of-way dedicated FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - DAN WOOD, D.W.,INC., WOODHAVEN SUBDIVISION (PP -99-016) - 7 as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance # 188. 2.24 Construct a 5 -foot wide detached sidewalk on Eagle Road abutting the entire site. The sidewalk should be located two feet within the new right-of-way of Eagle Road. Coordinate the location and elevation of the sidewalk with District staff shall be required. 2.25 Locate the Moon Dipper Street/Eagle Road intersection approximately 100 -feet south of the north property line, as proposed. 2.26 Construct Goldbug Street from Eagle Road to the Goldbug Circle intersection as a standard 36 -foot street section with curbs, gutters, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. 2.27 Unless otherwise approved, the Applicant shall be required to construct all public roads within the subdivision as a 36 -foot street sections with curbs, gutters, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. 2.28 Other than the access point specifically approved with this application, direct lot or parcel access to Eagle Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. By action of the City Council at its regular meeting held on the day of , 2000. ROBERT D. CORRIE Mayor, City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - DAN WOOD, D.W.,INC., WOODHAVEN SUBDIVISION (PP -99-016) - 8 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. M City Clerk Dated: msg/Z:\Work\N1\Meridian 15360M\Woodhaven\FfCJs0rd.PP FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - DAN WOOD, D.W.,INC., WOODHAVEN SUBDIVISION (PP -99-016) - 9 Will Berg From: hawkinsb@ci.meridian.id.us Sent: Monday, May 01, 2000 4:37 PM To: ms@wppmg.com Cc: Shari; bergw@ci.meridian.id.us; ugarrizs@ci.meridian.id.us Subject: Woodhaven Sub Findings Hi Marlene, Will Berg informed me today that the Findings of Fact, Conclusions of Law and Decision for D.W. Inc.'s 'Woodhaven Subdivision" Preliminary Plat (#PP -00-016) still has the old lot number of lots (45) as the total number of lots. The C.C. approved a modified plat from the original one submitted. The correct total number of lots on the approved plat is 31 lots (29 buildable and 2 common). Please modify all references to lot number accordingly. Thanks, Brad Hawkins -Clark FACSIMILE TRANSMITTAL DATE: TIME: TO: ZFROM: ? COMPANY: - White, Peterson P ss, Morrow & Gig ay �v FAX #: 61VMeridian Office PHONE: PHONE: (208) 288-2499 RE: NUMBER OF PAGES: COMMENTS: G o o� � FP-�� e I/ Ir f Confidentiality Notice: The contents of this transmission are intended to be seen and used only by the individual to whom it is addressed. If you receive this transmission in error, please call our office so that we may arrange to pick up the document and route it to the office it was intended for. You may call collect if long distance: (208) 288-2499. Thank you. WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW GIN FISCHER JULIE F. Wm. F. GIGRAY, III BRENT PHILIP N PETERSON STEPHEN L. PRUSS 200 EAST CARLTON AVON E30EIVE POST OFFICE BOX 1 9' r JOHNSON D. SAMUEL JOHNSON ERIC S. ROSSMAN TODD A. RossMAN MERIDIAN, IDAHO 83 83, 0 L L WILLIAM MORROW DAVID TEL (ID 28O q F. WILLIAM F. NICHOLS• C R. WHITE** TERRENCE R. WHITE'• FAX (208) 288-2501 T L L MAY O '] 2� TEL (208) 466-9272 CHRISTOPHER S. NYE FAX (208) 466-4405 'ALSO ADMITTED IN OR CITY OF MERIDIAN "ALSO ADMITTED IN WA CITY CLERK OFFICE PLEASE REPLY TO MERIDIAN OFFICE FACSIMILE TRANSMITTAL DATE: TIME: TO: ZFROM: ? COMPANY: - White, Peterson P ss, Morrow & Gig ay �v FAX #: 61VMeridian Office PHONE: PHONE: (208) 288-2499 RE: NUMBER OF PAGES: COMMENTS: G o o� � FP-�� e I/ Ir f Confidentiality Notice: The contents of this transmission are intended to be seen and used only by the individual to whom it is addressed. If you receive this transmission in error, please call our office so that we may arrange to pick up the document and route it to the office it was intended for. You may call collect if long distance: (208) 288-2499. Thank you. RECEIVED MAY 0 2 2000 CITY OF MERIDIAN CITY CLERK OFFICE BEFORE THE CITY COUNCIL OF THE CITY OF MERIDi?,IN - 05-02-00 IN THE MATTER OF THE ) Case No. PP -99-016 REQUEST FOR PRELIMINARY ) PLAT FOR WOODHAVEN ) FINDINGS OF FACT AND SUBDIVISION BY DAN WOOD, ) CONCLUSIONS OF LAW AND D.W., INC. ) ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on March 7, 2000, and continued to March 21, 2000, and Steve Siddoway, Assistant Planner for the Planning and Zoning Department, appeared and testified, and the Applicant, Dan Wood, appeared and testified, and appearing for the Applicant was Steve Bradbury, and appearing with comments and/or concerns were: Rex Young, Dave Marquart, Jim Allen, Mary Allen, and the matter was tabled to April 4, 2000, and again until April 18, 2000, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant was Gary Lee of JUB Engineers, and the City Council having received a report from Bruce Freckleton, Assistant City Engineer, and Brad Hawkins -Clark, Assistant Planner, 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 latest Preliminary Plat at the April 4, 2000, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - DAN WOOD, D.W.,INC., WOODHAVEN SUBDIVISION (PP -99-016) - 1 City Council meeting, and the Preliminary Plat Drawing Dated: REVISED: 3-28-00, Drawn By: LDW, DESIGN BY: BAP, CHECKED BY: GAL, PROJECT NO. 11606, SHEET 1 OF 3, DAN WOOD, D.W., INC., Developer, for WOODHAVEN SUBDIVISION, 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 , and requires connection to the Municipal Water and Sewer System. [Meridian City Code § 11-7-2 C.] 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - DAN WOOD, D.W.,INC., WOODHAVEN SUBDIVISION (PP -99-016) - 2 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 Assistant City Engineer 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 Drawing Dated: REVISED: 3-28-00, Drawn By: LDW, DESIGN BY: BAP, CHECKED BY: GAL, PROJECT NO. 11606, SHEET 1 OF 3, DAN WOOD, DW, INC., Developer, for WOODHAVEN SUBDIVISION". 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - DAN WOOD, D.W.,INC., WOODHAVEN SUBDIVISION (PP -99-016) - 3 herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "Preliminary Plat Drawing Dated: REVISED: 3-28-00, Drawn By: LDW, DESIGN BY: BAP, CHECKED. BY: GAL, PROJECT NO. 11606, SHEET 1 OF 3, DAN WOOD, DW, INC., Developer, for WOOD14AVEN SUBDIVISION', 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: 2.1 Sanitary sewer service to this site shall be via an extension from the existing main line installed in Thousand Springs Village Subdivision. Subdivision designer shall coordinate main sizing and routing with the Public Works Department. Sewer manholes shall be provided to keep the sewer lines on the south and west sides of centerline. 2.2 Water service to this site shall be via extensions of the existing main in line installed in Thousand Springs Village Subdivision. Applicant shall be responsible to construct the water mains to and through this proposed development. Subdivision designer shall coordinate main sizing and routing with the Public Works Department. 2.3 Developer shall indicate any existing ditch easements on the preliminary plat map. 2.4 A fencing plan, and detailed landscape plan for all landscaped areas, shall be submitted for review and approval prior to submittal of the final plat map. A letter of credit or cash surety shall be required for the improvements prior to signature on the final plat. Perimeter fencing FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - DAN WOOD, D.W.,INC., WOODHAVEN SUBDIVISION (PP -99-016) - 4 shall be installed prior to obtaining building permits. 2.5 A letter of credit or cash shall be required for all landscaping, sanitary sewer, water, etc., prior to signature on the final plat. 2.6 Applicant's engineer shall be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 2.7 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 subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 2.8 The reference to "A Planned Unit Development is Requested" in the "Project Summary" box at the bottom of the plat shall be deleted. 2.9 All proposed roads shall have a 50 -foot right-of-way with a 36 -foot street section. Developer shall continue the detached/parkway sidewalks south into Woodhaven on both sides of S. Moon Dipper Avenue to the intersection of E. Goldbug Street, as designed in Thousand Springs Village to the north. 2.10 City Ordinance No. 11-10-4 allows house sizes in the R-8 zone to vary throughout the subdivision, as long as they are dispersed. The Applicant proposes the following disbursement of house sizes, which comply with the ordinance: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - DAN WOOD, D.W.,INC., WOODHAVEN SUBDIVISION (PP -99-016) - 5 House Size # of Houses on Plat % Provided Allowed % by Code 1,000 - 1,100 s.f. 2 6% 10% 1,100 - 1,200 3 10% 15% 1,200 - 1,300 7 23% 25% 1,301 + 17 56% 50% 2.11 A note shall be added to the plat stating the minimum house size is exclusive of garages. Adopt the Recommendations of Central District Health Department as follows: 2.12 The Applicant's central sewage and central water plans shall be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2.13 Run-off shall not create a mosquito breeding problem. 2.14 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.15 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 Meridian Fire Department as follows: 2.16 All street name signs and roads shall be constructed before building begins. 2.17 There shall be no parking of vehicles or trailers in the cul-de-sacs. 2.18 There shall be no parking in the common lot in front of Block 2, Lots FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - DAN WOOD, D.W.,INC., WOODHAVEN SUBDIVISION (PP -99-016) - 6 z� int. 28, 29, 30 and 31. Adopt the additional conditions set forth at the City Council meeting of April 18, 2000 as follows: 2.19 The fencing along the McDonald Lateral shall be similar to Thousand Springs Village Subdivision at the height of the lateral to the West. The fence line shall be built up as necessary to the same level as the roadway which parallels McDonald Lateral. The Developer shall design and install the fence as required. 2.20 The Developer shall work with the Boise Project Board of Controls so piping of McDonald Lateral and the installation of the separate delivery system for the property owners can be done simultaneously. 2.21 The Developer shall survey and stake the property line after McDonald Lateral is piped so that the City boundaries are clearly established and marked. 2.22 The following statement shall be included upon the Plat, and contained in all deeds transferring any lots within the subdivision: "Limits on Lawsuits against Agricultural Operations: Pursuant to Idaho Code §§ 22-4501 through 22-4504, no agricultural operation or appurtenance to it shall be or become a nuisance, public or private, as a result of changes in surrounding uses when such operation or appurtenance was not a nuisance when the operation began, unless the operation is improper or negligent as set out in Idaho Code 4502(2)." Adopt the ACHD Recommendations as follows: § 22- 2.23 Dedicate 48 -feet of right-of-way from the centerline of Eagle 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 A.— +- +hP rialit-of-wnv dedication after receipt of all requested Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By: City Clerk Dated: msg/Z:\Work\M\Meridian 15360M\Woodhaven\FfC1s0rd.PP FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - DAN WOOD, D.W.,INC., WOODHAVEN SUBDIVISION (PP -99-016) - 9 as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance # 193. 2.24 Construct a 5 -foot wide detached sidewalk on Eagle Road abutting the entire site. The sidewalk should be located two feet within the new right-of-way of Eagle Road. Coordinate the location and elevation of the sidewalk with District staff shall be required. 2.25 Locate the Moon Dipper Street/Eagle Road intersection approximately 100 -feet south of the north property line, as proposed. 2.26 Construct all public roads within the subdivision as a 36 -foot street sections with curbs, gutters, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. Coordinate the transition of the setback sidewalks to the north of the site with District staff. 2.27 Terminate the Moon Dipper Court and Hood Ranch Place with standard 45 -foot radii cul-de-sacs. Coordinate the design of the cul-de- sacs with District staff. 2.28 Other than the access point specifically approved with this application, direct lot or parcel access to Eagle Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. By action of the City Council at its regular meeting held on the IV day of 2000. as ROBERT D. CORRIE Mayor, City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - DAN WOOD, D.W.,INC., WOODHAVEN SUBDIVISION (PP -99-016) - 8 FYI MAR - 6 2000 CITY OF K 1UU12- Nv Will, Dan Wood called and was concerned about his projects that are on the agenda for tomorrow. He said that he filled out a position statement pertaining to the AZ and none of his concerns were mentioned and the motion was made and Findings prepared without taking into consideration his objections. I suppose you know more about this. I'm still not really clear on what the deal is. I didn't follow it very closely. I just wanted you to know - he seemed like he wanted to maybe bring it up tomorrow. Something about different zoning ?? Just thought I'd let you know. -- Shelby /-1 Fax City of Meridian City CIerWS Office Phone: 208-888-4433 Fax: 208-888-4218 To: Dan Wood From: Shelby Fax: 331-6448 Pages: 11 Phone: Date: 05/02/00 Re: Preliminary Plat PP 00-016 CC: ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle Dan, The revised Findings/Conclusions follow pertaining to the Preliminary Plat request. I left you a message regarding the Development t Agreement Agrement on your voice mail: The Development gr to be ready tonight, so we'll catch it on the 16th. 1 hope that doesn't inconvenience you too much. Please call if you have any other concerns. Thanks!! Shelby. Shelby Ugarriza From: hawkinsb@ci.meridian.id.us Sent: Monday, May 01, 2000 4:37 PM To: ms@wppmg.com Cc: Shari; bergw@ci.mehdian.id.us; ugarrizs@ci.meridian.id.us Subject: Woodhaven Sub Findings Hi Marlene, Will Berg informed me today that the Findings of Fact, Conclusions of Law and Decision for D.W. Inc.'s "Woodhaven Subdivision" Preliminary Plat (#PP -00-016) still has the old lot number of lots (45) as the total number of lots. The C.C. approved a modified plat from the original one submitted. The correct total number of lots on the approved plat is 31 lots (29 buildable and 2 common). Please modify all references to lot number accordingly. Thanks, Brad Hawkins -Clark CJ U•B J-U-9<NGINEERS, Inc. 250 1- eechwood Avenue Suite 201 Boise, Idaho 83709-0944 Telephone: 208/376-7330 FAX: 208/323-9336 TO: Will Berg City Clerk City of Meridian 33 East Idaho Street Meridian, ID LE=ER OF TRANSMITTAL DATE: 3/29/00 Project No. 11606-01 PROJECT NAME: Woodhaven Preliminary Plat PROJECT MANAGER: Gary A. Lee, P.E./L.S. SUBJECT: Updated Preliminary Plat Ft;cElvtt, it l MAR 3 n 2000 GENTLEMEN: We are sending you the following items: ® ATTACHED ❑ UNDER E BLASE COVER ❑SPECIFICATIONS ❑ SHOP DRAWINGS ® PRINTS F-1 ❑ COPY OF LETTER ❑ COMPUTER DISK ❑ CHANGE ORDER ® reductions )PIES DATE or No. DESCRIPTION 10 3-29-00 Sheet 1 of Preliminary Plat - Updated per last Council Meeting C C- � 3 3-29-00 Sheet 2 and 3 showing Conceptual Engineering and Profiles ��L� 10 3-29-00 8 1/2" x 11" reductions of Sheet 1 of Preliminary Plat - Udated THESE ARE TRANSMITTED AS CHECKED BELOW: ❑ FOR APPROVAL ❑ AS REQUESTED ® FOR YOUR USE ❑ FOR REVIEW AND COMMENT ❑ FOR BIDS DUE REMARKS: ❑ FOR SIGNATURE ❑ RETURNED FOR CORRECTIONS ❑ PRINTS RETURNED AFTER LOAN TO US Will: Enclosed are modified preliminary plat maps to show the changes that were presented at the March 21, 2000 City Council Meeting hearing on the property annexation and zoning. The lot configurations and sizes shown on the enclosed drawings are as presented that evening. We J -U -B L..GINEERS, Inc. 250 S. Beechwood Avenue Suite 201 Boise, Idaho 83709-0944 Telephone: 208/376-7330 FAX: 208/323-9336 TO: Will Berg City Clerk City of Meridian 33 East Idaho Street Meridian, ID LET►.=R OF TRANSMITTAL DATE: 3/29/00 1 Project No. 11606-01 PROJECT NAME: Woodhaven Preliminary Plat PROJECT MANAGER: Gary A. Lee, P.E./L.S. SUBJECT: Updated Preliminary Plat a1 MAR 3 0 2000 GENTLEMEN: We are sending you the following items: ® ATTACHED ❑ UNDER SEPARATE COVER via ❑ SHOP DRAWINGS ® PRINTS ❑ REPRODUCIBLES ❑ SPECIFICATIONS ❑ COPY OF LETTER ❑ COMPUTER DISK ❑ CHANGE ORDER ® reductions COPI= DATE or No. DESCRIPTION 10 3-29-00 Sheet 1 of Preliminary Plat - Updated per last Council Meeting 3 3-29-00 Sheet 2 and 3 showing Conceptual Engineering and Profiles 10 3-29-00 8 1/2" x 11" reductions of Sheet 1 of Preliminary Plat - Udated THESE ARE TRANSMITTED AS CHECKED BELOW: ❑ FOR APPROVAL ❑ AS REQUESTED ® FOR YOUR USE ❑ FOR REVIEW AND COMMENT ❑ FOR BIDS DUE REMARKS: ❑ FOR SIGNATURE ❑ RETURNED FOR CORRECTIONS ❑ PRINTS RETURNED AFTER LOAN TO US Will: Enclosed are modified preliminary plat maps to show the changes that were presented at the March 21, 2000 City Council Meeting hearing on the property annexation and zoning. The lot configurations and sizes shown on the enclosed drawings are as presented that evening. We have simply updated the maps to reflect these changes. You will also note that the house size has been updated to reflect larger homes along the southern boundary (1401 sf minimum). We understand that the Council may act on the new Findings of Fact and possibly the Woodhaven Preliminary Plat at their next meeting. Let me know if you have any questions or require additional information. Thanks. IF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY US AT ONCE. J -U- ENGINEERS, Inc. COPY FOR Dan Wood D.W.. Inc. SIGNED: �� ` [ ✓��-� Gary A. Lee, P.E./L.S., Project Manager RECEIVED BY: DATE: PLEASE SIGN, DATE, AND RETURN COPY TO J -U -B Meridian City Council Meeting April 18, 2000 Page 5 deWeerd: Mr. Mayor, I move that we approve Ordinance No. 872 and instruct the City Attorney to draw up the Decision of Order with suspension of rules. McCandless: Second. Corrie: Motion is made and seconded to approve Ordinance No. 872 with suspension of rules. Any further discussion? Hearing none, roll -call vote, Mr. Clerk Roll -call: deWeerd, aye; McCandless, aye; Bird, aye MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: At this point, I would take a little executive privilewe here. First thank Council President Bird for conducting the meeting on April 4 I was out of town, so I understand you did a pretty good job. Thank you. Item 3. Tabled from April 4, 2000: PP 00-016 Request for preliminary plat for 45 building lots on 8.25 acres for proposed Woodhaven Subdivision by Dan Wood / D.W., Inc. — west of Eagle Road between Overland and East Victory: Corrie: Item No. 3 is tabled from April 4th. This is a request for a preliminary plat for 45 building lots on 8.25 acres for proposed Woodhaven Subdivision by Dan Wood / D.W., Inc., west of Eagle R�rrn Road etson this een Oeeque rlandsford preliminary plat? East Victory. Does staff have any questions o Stiles: Mr. Mayor and Council, I would like some clarification from the applicant or his representative. They have proposed this new plat. I wasn't in on the discussions for this on-going project. It appears that the frontages do not meet the R-8 requirements for the minimum of 65 feet, and then the lots would need toats haveoa 1d need 40 -foot to be a 30 -foot minimum. Other cul-de-sac cord. I'd like to ask legal counsel ce we haven't property, does this ctually need tobeved a tabled Development Agreement or annex pro p again? Nichols: Mr. Mayor, members of the Council, and Director Stiles, this thing's been in front of us so many times, I don't know which end is up with it. Since this appeared on the agenda as only preliminary plat approval, and the Findings of Fact and Conclusions of Law in the annexation and zoning did not appear on this agenda, I assumed that was one of the things that was already taken care of. We were held up, I believe, perhaps because of the Ada County Highway District street standards. I can recall thatwas an issue because hat had been incorporated 1 recall Into that was the one issue that the street standards the Findings of Facts and Conclusions of Law on the annexation issue were the Meridian City Council Meeting April 18, 2000 Page 6 Mr - wrong on that, Council members, do you recall? r - g ones. Was I incorrect Smith? Stiles: We've approved on the Consent Agenda the Findings d ngs on tt a annexation and zoning, but we don't actually have the Develop 9 reemen Nichols- That's correct. Stiles: Or an Ordinance. Nichols: That's correct. the ats Stiles: Does that make it —you've been preparing Blindings of reviewingact thisris thatthe themselves? That's the only comment I would h R-8 requirements aren't met in regard to frontages on some of the lots. Corrie: Gary. Lee: I'm Gary Lee with J -U -B Engineers, 250 South Beechwood. In reviewing that latest submittal on the plat, there is adequate room to adjust those lot lines to meet standard for lot area and frontage. Thisbthing put t cae surveying er fairly rapidly, and it's preliminary in form. There wont any ma problems to meet the standard. We can still keep tabled fothe re ACHD's comment lot count. The attorney is correct. In the last meeting when it w on this new layout when it was in the Findings f Fact was e et look ng original Findings from the 45 -unit preliminary plat, whenY the townhouse concept. So the new one you have now is based on this design. Bird: Is that the current one you have now, Gary? That's the one we got here marked April 3rd? Lee: Yes. Speaking for the developer, I don't' think he'd have a problem if you were to approve the preliminary plat conditioned upon meeting R-8 standards on lot dimensions. Corrie: Gary, do you have any problem with that? Smith: No, I don't Mr. Mayor. Corrie: I know we've been back and forth on this one. We wantn the same page here. Okay make sure we've got the same one; everybody's o Bird: Have we got a response from ACHD? Corrie: Did we get a response from ACHD? Meridian City Council Meeting April 18, 2000 Page 7 Bird: Do we have it? That's all we asked for in the (inaudible) in the last meeting. Corrie: Any questions on the preliminary plat? Bird: I have none. Corrie: I'll entertain a motion then, on the request for preliminary plat on Item No. 3, PP 00-016. deWeerd: Mr. Mayor, I move that we approve the request for preliminary plat for Woodhaven Subdivision to include the recommendations from the Planning and Zoning Commission with the following additions: the fencing be similar to the Thousand Springs Subdivision at the height of the lateral; that irrigation access is guaranteed with piping of the McDonald Lateral; that the Right to Farm Act be included on the plat; and that the property line be staked; and to instruct the City Attorney to draw up the Findings of Facts and Conclusions of Law. Bird: I'll second. Corrie: Motion has been made and seconded to approve the preliminary plat with the conditions of recommendations of Planning and Zoning and with the four stipulations that Mrs. deWeerd gave as, one, fencing; two, irrigation; three, Right to Farm Act; and, four, property line staked. Any further discussion? Hearing none, roll -call vote, Mr. Berg. Roll -call: deWeerd, aye; McCandless, aye; Bird, aye MOTION CARRIED: THREE AYES, ONE ABSENT Item 4. Continued Public Hearing from April 4, 2000: CUP 00-006 Request for a Conditional Use Permit for existing car dealership (2 buildings) on front four acres and proposed 72,000 s.f. Fairview Mini -Storage on the back four acres — 1005 East Fairview Avenue: Corrie: Item No. 4, continued public hearing from April 4, 2000. 1 believe we got a request from the Fairview Mini Storage to table that. deWeerd: Mr. Mayor, I move that we continue the public hearing for the Fairview Mini Storage to May 16tH Bird: Second. ILL h0: l l l>1 3_7-G ADA COUNTY HIGHWAY" DISTRICT Planning and Development Division Development Application Report Preliminary Plat — Woodhaven (Revised)/ Eagle Road n/o Victory Road MPP99-016/M AZ99-0021 #0738 PAGE: 2/6 Woodhaven is a 30 -lot residential subdivision on 8.25 -acres. The applicant is also requesting annexation to the City of Meridian and a rezone from RT to R-8. The site is located on the west side of Eagle Road, approximately 400 -feet north of Victory Road. This development is estimated to generate 3000 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual The District previously acted on an application for this site as Woodhaven subdivision as a 45 -lot planned residential subdivision on December 15, 1999. That application generated 450 -daily vehicle trips and included narrower, 29 -foot street widths. The current application has a reduced number of building lots, a reduced number of vehicle trips and standard street widths.. Roads impacted by this development: Eagle Road Victory Road ACHD Commission Date — April 19 - 12:00 p.m. Facts and Findings: Woodhavnlcmm Page I A. General Information Owner — Robert Bell Applicant — Nancy Taylor, JUB I 11��'' #0733 PAGE: :3i6 I G` HO: (208) 387-63'31 RT - Existing zoning R-8 - Requested zoning 8.25 - Acres 30 - Proposed building lots 1,600 - Total lineal feet of proposed public streets 286 - Traffic Analysis Zone (TAZ) West Ada - Impact Fee Benefit Zone Western Cities- Impact Fee Assessment District Eagle Road Minor arterial with bike lane designation Traffic count of 8,012 on 6-23-99 500 -feet of frontage 55 -feet existing right-of-way (25 -feet west from centerline) 96 -feet required right-of-way (48 -feet from centerline) Eagle Road is improved with two traffic lanes with no curb, gutter or sidewalk. Victory Road Local section line road No current traffic count available 0 -feet of frontage Victory Road is improved with two traffic lanes, with no curb, gutter or sidewalk. B. On November 29, 1999, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On April 4, 2000, the staff met as the District's Technical Review Committee and reviewed the impacts of this proposed development on the District's transportation system. The results of that analysis constitute the following Facts and Findings and recommended Site Specific Requirements. C. In accordance with District policy the applicant should be required to construct a 5 -foot wide detached sidewalk on Eagle Road abutting the entire site. The sidewalk should be located two feet within the new right-of-way of Eagle Road. Coordinate the location and elevation of the sidewalk with District staff. D. The applicant is proposing to terminate the west end of Moon Dipper Court and the south end of Hood Ranch Place as standard 45 -foot radii cul-de-sacs. This design meets District standards. Coordinate the design of the cul-de-sacs with District staff. Woodhaml emm Page p GL � ti.J: `l_l i) Lei-ri_'�1 # i ..3iJ P4ZE: 4, 6 n, E. The applicant is proposing to locate the Moon Dipper Street/Eagle Road intersection approximately 100 -feet south of the north property line. The intersection will align with a shared driveway on the east side of the roadway. The driveway serves two single family dwellings. There are several driveways on the east side of the road that will be within 75 -feet of the proposed intersection. District policy requires the roadways to offset or align 150 -feet from all existing driveways on the east side of the roadway. The proposed intersection location does not meet District policy. Staff recommends a variance of the required 150 -foot offset requirement because the site has insufficient frontage to offset from all the driveways on the east side of Eagle Road due to the number and frequency of the existing driveways. The applicant should construct Moon Dipper Street as a standard 36 -foot street section with curbs, gutters, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way, because this segment of roadway is anticipated to have more than 1,000 vehicle trips per day. F. The applicant is proposing to extend Hood Ranch Avenue into the site as a standard 36 -foot reduced street section within 50 -feet of right-of-way. Hood Ranch Avenue has been constructed to a 36 -foot street section with curbs, gutters, and detached sidewalks in the Thousand Springs Village Subdivision. Staff supports the extension of the roadway into the site. The applicant will be required to transition the setback sidewalks in this site. Coordinate the transition of with District staff. G. Unless otherwise approved, the applicant should be required to construct all public roads within the subdivision as 36 -foot street sections with curbs, gutters, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. H. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: Dedicate 48 -feet of right-of-way from the centerline of Eagle 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 pen -nit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground. in accordance with Section 15 of ACHD Ordinance #188. 2. Construct a 5 -foot wide detached sidewalk on Eagle Road abutting the entire site. The sidewalk should be located two feet within the new right-of-way of Eagle Road. Coordinate the location and elevation of the sidewalk with District staff. Woodhavnlcmm Page 3 Llb ; W Hr -'K Ut , cLiL1L1 TEL I iU : ( 208) 38 7-6331 -GJ31 #0f38 PAGE: 5/6 3. Locate the Moon Dipper Street/Eagle Road intersection approximately 100 -feet south of the north property line, as proposed. 4. Construct Goldbug Street from Eagle Road to the Goldbug Circle intersection as a standard 36 - foot street section with curbs, gutters, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. 5. Unless otherwise approved, the applicant shall be required to construct all public roads within the subdivision as a 36 -foot street sections with curbs, gutters, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. 6. Other than the access point specifically approved with this application, direct lot or parcel access to Eagle 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 #188, 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. Woodhavnl cmm Page 4 =� • 1 U Hr r.' fir„ I LL f iij : (L08) 387-6391 #0738 PHG-,E : 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to 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 ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless 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 bv: PlanningandDevelopment Staff Commission Action: Woodhavnlcmm Page 5 Please Deliver to: From: GARY LEE Fax #: 3239336 Company: JUB Dave Szplett Fax Cover Sheet Fax #: (208) 387-6391 Phone: (208) 387-6100 Pages: 6 Message: Re: Woodhaven Revised This fax was sent using Castelle's FaxPress network fax server. #077,38 P�,L; i/' ppp SAV pcIETVU,j) APR 17 2000 CITY OF YLEIEID 'Y y., April 13, 2000 MERIDIAN CITY COUNCIL MEETING April 18, 2000 APPLICANT Dan Wood / D.W., Inc. ITEM NO. 3 REQUEST Preliminary Plat for 45 building lots on 8.25 acres for proposed Woodhaven Subdivision west of Eagle Road between Overland and East Victory Roads AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See previous item packet Materials presented at public meetings shall become property of the City of Meridian. ,Dc4zy,,� LUo0A 4( )`4' SIS March 31, 2000 MERIDIAN CITY COUNCIL MEETING Aril 4, 2000 ITEM NO. APPLICANT DAN WOOD / D.W., INC. � ! REQUEST PRELIMINARY PLAT FOR 45 BUILDING LOTS ON 8.25 ACRES FOR PROPOSED WOODHAVEN SUBDIVISION - WEST OF EAGLE ROAD BETWEEN OVERLAND AND EAST OF VICTORY AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: /,jW Nv SEE PREVIOUS ITEM PACKET Materials presented at public meetings shall become property of the City of Meridian. ["-Y, C vt, C� G�-,p '3/-� 1 <� �L--- MARCH 17, 2000 MERIDIAN CITY COUNCIL MEETING: MARCH 21 2000 APPLICANT: DAN WOOD D.W. INC. AGENDA ITEM NUMBER: Q REQUEST: PRELIMINARY PLAT FOR 45 BUILDING LOTS OF 8.25 ACRES FOR PROPOSED WOODHAVEN SUBDIVISION AGENCY COMM CITY CLERK: SEE PREVIOUS PACKET CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: kJ ADA COUNTY HIGHWAY DISTRICT: L COMMITTEE: ��✓ ADA COUNTY STREET NAME C/� CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become property of the City of Meridian. 1Qa MARCH 3, 2000 jusmewt MERIDIAN CITY COUNCIL MEETING: MARCH 7, 2000 APPLICANT:_ DAN WOOD, D.W., INC. AGENDA ITEM NUMBER: (Z( REQUEST: PRELIMINARY PLAT FOR 45 BUILDING LOTS OF 8.25 ACRES FOR PROPOSED WOODHAVEN SUBDIVISION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED 2/8/2000 P&Z MINUTES SEE ATTACHED LETTER SEE ATTACHED RECOMMENDATIONS OTHER: Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning and ging Commission February 8, 2000 Page 3 withdrawn application, so would be meaningless comments. Want to proceed with the motion? Brown: I would move that we approve the applicants request to withdraw the conditional use permit for the residential PUD for the proposed Woodhaven Subdivision by Dan Wood, Inc. west of Eagle Road. Hatcher: Do we need to close the public hearing first. Borup: Yes we do. I close the public hearing. Sorry and thank you. We do have a motion by Mr. Brown waiting for a second. Hatcher: Second. Borup: Any discussion? All in favor? MOTION CARRIED: ALL AYES 2. CONTINUED PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR 45 BUILDING LOTS ON 8.25 ACRES FOR PROPOSED WOODHAVEN SUBDIVISION BY DAN WOOD/D.W., INC. — WEST OF EAGLE ROAD BETWEEN OVERLAND AND EAST VICTORY.- Borup: ICTORY: Borup: Would like to open this public hearing at this time and ask for staff comments. Hawkins Clark: Up on the screen is the vicinity for this sub. At your last meeting you did recommend approval to annex this with the R-8 zoning. It will be heard next week at the City Council for the second hearing on the annexation. We would ask that our staff comments dated February 4th be incorporated and all the details therein. Written comments have been received from JUB Engineers dated February 8th. This is the revised plat. I would point out that you should have received today a revision which is, there is only, as I understand it from Gary Lee with JUB, just a very slight change from what was earlier. That is along the southern McDonald Lateral of the project. They have, according to the Board of Controls, reduced the easement that is required here which in effect lengthened the depth of these lots a little bit, so as I understand that is a primary difference between this and what you received before. This is a lovely photo of bear ground for you to feast your eyes upon. The page 2 of the staff report, does summarize the main differences between the old plat and the new plat. Notably the main difference, the total number of building lots is now 29 as compared to 45 buildable lots previously. There is a gross density now of 3.63 building units per acre, as compared to 5.45 on the previous plat. The average lot size has increased from 4,545 to 7,608 square feet and of course with the extension of those lots on the south, that average would go up a little bit. I don't have that for you, but -- Otherwise, I think the applicant has mainly no objections to what we've done here. The buffer on iEagle Road is the same. The extension in from the north from Thousand Springs Village is the same as before. That is all I have. Meridian Planning and L_ iing Commission February 8, 2000 Page 4 Borup: Any questions from Brad from any of the Commissioner's? Would you like to make an additional comment on your Item number 7. The duplex lot. Hawkins Clark: Certainly. That would be this lot here, the very north western most lot in the Subdivision which was shown as a duplex lot. That was the result of the previous hearing where, due to the mixed residential designation in the Comprehensive Plan, there was some discussion that maybe they need to have different types of housing in the Subdivision and so the applicant can speak to it better then myself, but I think more or less they are proposing to have a common entry drive here and cut this lot so that there are two single family lots —townhouse lots- as compared to just one duplex lot. Staff supports that. Borup: Okay, thank you. Is the applicant here this evening and like to come forward? Lee: My name is Gary Lee with JUB Engineers. 250 South Beechwood in Boise. We concur with the staff comments and the revisions presented to you tonight. We would just like to reiterate Item number 7 concerning the duplex lot. We would be agreeable to go with two single family lots there in place of a duplex, if the City will allow us to use a common driveway approach for those two single family houses. I'd be glad to answer any questions you may have. Brown: The common driveway is needed for frontage. It that what it is needed for? Lee: The frontage there now is adequate for one lot, but if you had two lots in there, there would not be enough frontage to allow and to meet code (inaudible). Borup: Gary, then lot 4 the lot right to the east of it, is there any room for adjustment on that lot that would help? Lee: Well its right at 6600 square feet right now. We tried to manipulate these lots in such a way that we could get two 40 foot legs back in that corner, but there just isn't enough street frontage around that block. It would have to be shared situation. I suppose we could create a common lot there for that purpose or make it an easement. It really doesn't make that much difference. Borup: Any other questions from the Commissioner's. Thank you. We may have some later. This is a public hearing. We are here for any public comments. Do we have anyone from the audience who would like to comment on this application. Young: My name is Rex Young. I live at 2950 E. Victory Road. The comments that I make will pertain not only to my property but the other homeowners along the lateral to the south. First off, I've got a question. Borup: Are you a representative for your whole neighbors there? Meridian Planning and Z---. ging Commission February 8, 2000 Page 5 Young: Yes. They may have some particular comment that pertain to their particular property, but these comments pertain to all of us. The question I've got, they indicated that there was change on the easement along the McDonald Lateral. What was the change involved there? Borup: Yeah, we probably should have asked Mr. Lee that. Why don't you go ahead. We can get an answer to that. Would there be any other questions that — Young: At last months hearing, there was considerable dialogue about our property and the fact that we shouldn't be too concerned because ultimately it is going to end up going commercial. Exactly when, of course nobody could predict. We're in process now of having a hearing to establish a high density urban residential subdivision. The front of that property front on Eagle Road. When we take a look at that property, which is for urban residential, and we pace it off to the corner of Victory and south Eagle, it is 80 yards. When I pace it off down Victory Road to the eastern most portion of my property, it is 260 yards. Yet, your saying my property is going to end up going commercial and that particular property there is going to be residential. To Mr. Allen's property, it is 190 yards. I did not pace it off as far as the others because I was really unable to determine the property line. But anyway, this is just a matter of interest and probably has no bearing, but it is something I thought should be pointed out. Borup: Just a clarification. Do you understand the Item that is before us is on the plat. Young: Yes, understand. I received a copy of the revised plan and took a look at it and I must say that there is certainly some movement in the right direction, I think, from the stand point of larger lots. Still we've got the concern about compliance with Comprehensive Plan, specifically the providing of transitional lots in accordance with policy 6.8U. I don't really need to restate that. I think we have restated that plenty of times. The language in the Comprehensive Plan is mandatory language and we believe that the lots that we occupy to the south of McDonald Lateral are in fact rural residential lots. They were purchased as rural residential lots over 30 years ago and have been ever since. We think we are entitled to transitional lots which are not provided for in this plat plan. I have talked with Betty Bermacello in the past on this. She is with the southwest Ada County Planning Alliance and she is also one of the authors of the Comprehensive Plan for the City of Boise, for Ada County and also for the City of Meridian. She indicated to me that this was a classic example of the requirements for transitional lots, yet it appears to me from the discussion that we have had here, that that particular issue is trying to be disregarded. When they had the hearings with —on Thousand Springs Subdivision, transitional lots was discussed. When they put their lots in, the transitional lots along Thousand Springs Village which abuts up against McDonald Lateral range in size from 17,600 square feet down to about 12,500 square feet and we still feel that we are entitled to transitional lots as far as the plat is concerned. Also, just to restate the concerns, and we have done this before, but they really haven't changed, we want fencing along the McDonald Lateral to be like the fencing along Thousand Springs Village and we want the fence line built up to a level the same as the road way, which parallels McDonald Lateral. We believe that the Meridian Planning and Zuoing Commission February 8, 2000 Page 6 homes be constructed along the McDonald Lateral should be single story, that is preserving our view and two story or two levels is needed, they can certainly put in a basement to satisfy that requirement. We want equipment work hours controlled. A dust control during construction period and we want the McDonald Lateral undisturbed until an alternate delivery system is put in by the Boise Project Board of Controls. Do you have any questions? Borup: Any questions for Mr. Young. Barbeiro: Mr. Chairman, with regards to Mr. Young's comments I'd like to refer to Brad if I may. The term for transitional use as defined in our zoning regulation and Subdivision development says a use of land designed to use as a buffer between conflicting land uses such as single family residential uses and commercial or industrial uses or between residential uses and heavily traveled traffic arterials. Your comment is that this would be a transitional use but going from residential to residential does not, by that definition a transitional use. Brad could you comment on that for us and then allow Mr. Young to go on from there. Hawkins Clark: Sure. Commissioner Barbeiro, the policy that Mr. Young is referring to is in the Comprehensive Plan, not the zoning ordinance. The wording is new urban densities Subdivision's which abut or approximate to existing rural residential land uses shall provide screening and transitional densities with larger more comparable lot sizes. So, it doesn't distinguish in the Comprehensive Plan between the commercial and the residential. What your quoting from really is for property that is all ready in the City limits and all ready annexed and you've got different (inaudible) projects like a commercial project coming in. I think most would say that the Comprehensive Plan is the gun and the ordinance is the bullets, so to speak. We really need to get back to the Comprehensive Plan. The problem is that you can pick up the Comprehensive Plan and find two policies that state for it and two that state against it. Barbeiro: That's where I am having the trouble making the definitions to make clear to what Mr. Young is trying to portray to us. Thank you. That helps a great deal. Borup: Brad, can you comment on that easement- changed to the south—how much of an increase that was. Hawkins Clark: There was a letter submitted to City Clerk, Will Berg, on December 7 t from the Boise Project Board of Controls that did speak to this and it does state that the easement is 15 feet each way from the lateral center line. So, a total of 30. Borup: Okay, that is what our plat shows right now is 15 feet. So, I think we do have the correct one then. What was the previous? Hawkins Clark: I don't know. I did not realize there was a change. Borup: Do you know Gary? It went from 21 to 15 then. Meridian Planning and Zu.-iing Commission February 8, 2000 Page 7 Young: During the previous hearing there was some discussion that maybe that strip of land serve as the buffer. No way could that serve as a buffer for a transitional lot. That's being deeded over, if I understand it correctly, to the United States of America. The reason it is being deeded over is because it is unusual property as far as the Subdivision is concerned and they don't (inaudible) with the homeowners association with the requirement to maintain it. If they deeded it over then the Boise Project Board of Control and Nampa Meridian Irrigation will have to maintain the property. Anymore questions of me? Borup: Thank you sir. Anyone else? Marquart: Good evening. Dave Marquart. 3100 E. Victory. I live just 2 places down from Mr. Young. Mr. Young has spoken for me in the past and I want to congratulate Rex for doing that for us and for the neighbors in that area. I do want to thank you guys for sending this back so that you took a look at what was happening there on the northern boundary —on the Thousand Springs southern side. You've spoken to those folks who can't be here tonight. There are a couple of questions that I have. One is your requirement for onsite storm water drainage. I don't see that addressed in this particular plan. I also would like to reiterate and have you guys take a look at that requirement 106.8U for the requirement for having those transitional lots. It was certainly be appreciate from your standpoint. Thank you very much. Borup: Any questions for Mr. Marquart? Do we have anyone else that would like to speak on this application. Does the applicant have a summary? Lee: Yes, thank you. Gary Lee. JUB Engineers. Just to respond to a couple of the comments raised by the public. There will be a fence constructed along that common boundary as there will be on the rest of the boundary as well. The design and placement of that fence will depend upon the final design of the piping of that McDonald Lateral and how the grades will work with the surrounding grades of the development. There will be a fence constructed although the developer will not agree to a specific style of fence or specific elevation of the fence. It will depend upon the final design. In addition due to the size of the lots along that southerly boundary, we anticipate that due to the cost and like I said, the size of the lot, there will be some builders that will want to do some two stories in that area. We would like to have that flexibility. Storm water drainage was brought up as well. In the conceptual engineering of the plans (inaudible) public works, we do have some storm water facilities and they will likely entail seepage beds and trenches. If you have any other questions I would be glad to address those. Brown: Gary are those tentative plans, where are those beds going to be located. Lee: They are going to be along what would be Moon Dipper, I believe. East Moon Dipper Street along the southerly side just adjacent to what is lots 23 and 24 and 25. Barbeiro: Excuse me Gary. Would you mind if Mr. Marquart came up and saw where— Meridian Planning and 2 ing Commission February 8, 2000 Page 8 Lee: Intersection of (inaudible) the north south street and Moon Dipper the east west street. There will be seepage beds along the southerly right of way line extending easterly toward Eagle Road. We reserved some area for that if it is needed. We are going to try to keep it in the right of way. Borup: You said those are going to be beds not a shallow pond. Lee: That is correct. Borup: Those can pretty much go anywhere, can't they. Lee: They can as long as you make setbacks to water lines you can put them wherever you need them. We do have some additional soils data from the geo tech concerning ground water. Borup: Any other questions for Mr. Lee. That's it. Thank you. Commissioner's, discussion. Brown: I move we close the public hearing. Hatcher: I second the motion. Borup: All in favor? MOTION CARRIED: ALL AYES Borup: Discussion, comments, questions. Barbeiro: I would like to get your opinion on 6.8U new urban density Subdivisions which abut or are approximate to existing rural residential land uses shall provide screening and transitional density with larger and more compatible lots sizes to (inaudible) interface between urban level densities and rural residential densities. In your experience and (inaudible) to Brad, how does this project fit in with this point of the Comprehensive Plan. Borup: I don't know if I can answer how it fits in the Comprehensive Plan. I know other Subdivisions in this area on the most part I don't believe they (inaudible) their lot sizes on the boundaries of the Subdivision (inaudible) interior lots or one into the other. I am thinking some of the Subdivisions to the west of here—west of this site. There has been some concessions between some but nothing real extreme that I can think of. I don't know where you draw the line. The lots on the north end of this are 65, 67 hundred square feet and the ones along the south side are 73, 79, 10,000, 8, 9 thousand, so the larger lots are there and there is some what of a transition. I don't know where you draw the line. Obviously if every lot that abutted another one was the r� Meridian Planning and Z-__ ,ing Commission February 8, 2000 Page 9 same size, we would not have any variation at all. Your not going to be able to make these one acre lots. I am assuming that somewhere between the two. Barbeiro: I've seen that Mr. Wood has gone back and done a very nice lay out here with comparison to what we had before and regarding Mr. Young's concerns, I believe we went from his property having 5 different properties up against it now down to 2. 1 believe the developer has taken a little bit of a cut here to prepare the lots in compliance with the zoning that we have approved. Those are my comments. Brown: From my understanding, transitional lots from other planners—Mr. Young made a comment about Mrs. Bermacello and her comment on what transitional lots. Other planners for Boise City, because he quoted Boise City Ordinance, view transitional lots as being a transitional of use and the use, if you have single family with other single family, you meeting that transition. Then when you try to meet similar sizes, I believe that this applicant has tried to do that to the best of his ability with the zoning that we approved him on. I think that he has made a very good attempt to try to do that. Borup: Any one else? Brown: Mr. Chairman, I believe we need to address condition 7. It is really not a condition as stated. I would recommend that maybe Brad give us some direction on the particular wording that we would or possibilities that we might have to make that 2 lots so that all the lots or all the lots in the Subdivision are single family residential versus having a duplex lot in there. Borup: Any input on that Brad. Hawkins Clark: Commissioner's, I really don't. I would say that if you have concerns about size of the resulting lots—we certainly can't allow them to be any less then 6500 square feet each. If you have concerns about the drive, that is something that needs to be addressed at City Council if you do recommend approval for this. I don't think there are too many options you can play with given the configuration of that. I would think you would more or less carry a drive straight across the southern boundary of that lot so that you create frontage or if it is a common lot. You could certainly leave that particular design up to us. I would ask that at least the motion include something that you do recommend that it go to single family and not a duplex. Leave the design to be worked out between us and the applicant. Brown: Would you be opposed to recommending a waiver of the frontage requirement and not having a common lot if we to so choose. Would you recommend a waiver of the frontage requirement of the ordinance. Hawkins Clark: So you are saying the frontage would remain as it currently is with the 57 feet. Meridian Planning and L, ,ing Commission February 8, 2000 Page 10 Brown: Well currently it is showing 52 feet. So you take the 52 and split it in half. You have 26. So each lot, if we approved it that way, would have 26 feet of frontage versus the ordinance requires 40. Hawkins Clark: That is correct. I have not heard of the City just waiving the frontage requirement. I think it would require a variance since it is not a planned unit: development. Brown: So therefore, the only way we can do it is if we do a common lot because you would be required to take a variance back before us again and it could be another month, right? Hawkins Clark: Of course the variance only goes to City Council, not for this body. Brown: So if we recommended a variance of the frontage requirement, then could he go forward to City Council with a variance and his preliminary plat application. Hawkins Clark: Yes. Brown: In the same hearing? Hawkins Clark: They would need to meet the minimum—(inaudible) possibility they could do that. Fifteen day notice requirement for a variance application. I would be leery if the applicant would prefer to do the common and you put a condition that they have to do a variance, that pretty much eliminates their option to do a common drive. Borup: Are you saying it could be a either or. Hatcher: I would recommend that all geologists have a solution and I would recommend we leave it up to the applicant to reconfigure the lots to get the corner of that layout single family without a common drive. Borup: Earlier he testified that they tried that. Hatcher: There is a solution to every challenge and it is not up to this board to solve it for him. Borup: Well no. We are not going to be designing it for him. Are we ready for a motion or do we need more input. Brown: I would move approval of Item 2, request for preliminary plat for 29, building lots on 8.25 acres for proposed Woodhaven Subdivision by Dan Wood, Inc., subject to staff comments with modifications to condition 7 to allow the applicant to work with staff to either provide a common lot, to provide frontage or allow the applicant to submit a variance request. Meridian Planning and 2. ging Commission February 8, 2000 Page 11 Barbeiro: I'll second that. Borup: Okay, any discussion. By that motion I assume you are not recommending allowance of the duplex lot. Brown: Correct. Borup: All in favor? MOTION CARRIED: 3 AYES 1 NAY 3. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR DAYCARE GROUP WITH 6-12 KIDS/R-8 ZONE BY ANNA KUKAY--2512 E. CLARENE: Borup: Brad. Oh, I'd like to open the public hearing on this item. Hawkins Clark: Commissioner's, I would request that our January 31 staff comments be incorporated and that those basically present our standard comments for these in-home daycare's for 6 to 12 children. The vicinity map is there. This subject property is right on the corner lot here on Clarene and Hickory. This is the basic site layout provided. There is off street parking for parents to leave their kids here on the driveway. There is also some on -street parking available. Primary play area would be here in -the backyard. It is fenced. As I stated in the comments, Miss Kukay has been operating a daycare for 5 kids or less since the summer, I believe, and they are to date have not been any complaints given to the City about it. This is the photo of the house where will be designated for play areas outside anyway. I think that is all I have. Borup: Any questions from the Commissioner's? Is the applicant here and like to come forward. Anything you'd like to add to staff report. Kukay: No there is not. Anna Kukay, 2512 E. Clarene. I have an accessory use permit now with a daycare for 5 and under children and 2 of my parents of the kids I watch are pregnant, so I am needing soon, a larger permit. Any questions? Norton: Miss Kukay, do you have a child care license from the Idaho State Department of Health and Welfare. Kukay: I do. Norton: You have secured that. Kukay: Yes. I am licensed right now for 6 and under children and I have to get a larger license because the license and permits don't match. The accessory use permit is for 5 and under children and the license you get from the state is for 6 and under. They are a little offset. So, right now my license is for 6 and under children. MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless February 10, 2000 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 Dan Wood D. W., Inc. 131.41 W. Bluebonnet Court Boise, ID 83713 RE: Preliminary Plat Approval for Woodhaven Subdivision Dear Mr. Wood: 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 RECEIVED FEB 14 2000 City of Meridian City Clerk Office This letter is to confirm that the City of Meridian's Planning & Zoning Commission recommended approval with conditions on the Preliminary Plat application for the subject property at their 2/8/00 meeting. The preliminary plat is scheduled for a public hearing before the City Council on 3/7/00. Sincerely, CITY OF MERIDIAN� �-)/, " 9�-- 0S Shari Stiles Planning Director/Zoning Administrator HP LaserJet 3100 Printer/Fax/Copier/Scanner City of Meridian 2088886854 Feb -11-00 8:57AM Job Start Time Usage Phone Number or ID Type Pages Mode Status 298 2/11 8:56AM 0'32" 208 323 9336 Send ............. 2/ 2 EC 96 Completed. .... Total 0032" Pages Sent: 2 Pages Printed: 0 ��P Y OF MERIDIAN nning 8 Zoning T. Gry Les ®.FU$ Fro ; wo Coy rm 3234*36 D"N 2111100 Pha _ P"— 2 nip camj wr WmQrwsue.PP*P— 0 U rem ® rnr 0-$w ❑ /ler Ca—Om O ft w M.rly ❑ Pw— •�Yo4 WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JULIE KLEIN FISCHER PHILIP A. PETERSON 200 EAST CARLTON AVENUE, SUITE 31 Wm. R GIGRAY, III STEPHEN L. PRUSS POST OFFICE BOX 1150 BRENT JOHNSON ERIC S. ROSSMAN MERIDIAN, IDAHO 83680-1150 D. SAMUEL JOHNSON TODD A. ROSSMAN TEL (208) 288-2499 WILLIAM A. MORROW DAVID M. SWARTLEY FAX (208) 288.2501 WILLIAM F. NICHOLS* TERRENCE R. WHITE** CHRISTOPHER S. NYE Email via Internet @ Wfg@-PPmg.com -ALSO ADMITTED IN OR --ALSO ADMITTED IN WA February 18, 2000 ; - $e ��CFjl �/ f "�� MAR - 1 2000 To: S pappff AcantAffect CIS ®� �� d Property Owner(s) Re: Application Case No. PP -99-016 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.0247 TEL (208) 466-9272 FAX (208) 466-4405 FINDINGS AND RECOMMENDAITIIO SION PLANNING AND ZONING PLEASE REPLY TO MERIDIAN OFFICE 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 Planningd and Zoning Administrator. Due to the volume of matters the City have a consistent which ant Council form t by which matterour s osition is understood and clear, it is rare present d at the public hearings impo before the City Council. The City Council strongly recommends: 1. That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and be repared to sate your position on this application by addressing the Findings and Recommendations of the Planning and Zoning Commission; and 2. That you carefully complete (be sure it is leRi'ble) the Position Statement if you disagree with the Findings and -Recommendations of the Planning and Zoning Commission. The Position Statement form for this application is available at the City Clerk's office. It is recommended that you ppreppare 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 (8) 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 strongly recommended that one Position Statement be filled out for the group, which can be signed by the representative for the group. Ver*tit truly yours, o ey's Offic m gfL:\wOrk\M\Meridian 15360M\PLANNING AND ZONING FILE\PZP-tionSt wmentLtr BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR WOODHAVEN SUBDIVISION, DAN WOOD, D.W., INC., Applicant Case No. PP -99-016 RECOMMENDATION TO CITY COUNCIL 1. The property is approximately 8.25 acres in size and is generally located west of Eagle Road between Overland and Victory in Meridian, Idaho. 2. The owner of record of the subject property is Robert L. Bell of 994 N. Caucus, Meridian. 3. The Applicant is Dan Wood, D.W. Inc., of 13141 W. Bluebonnet Court, Boise, Idaho. 4. The subject property is currently zoned RT. However, there is a pending annexation and zoning to Medium Density Residential (R-8). The zoning of R-8 is defined within the City of Meridian's Zoning and Development Ordinance Section 11-7-21). 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-WOODHAVEN SUBDIVISION - DAN WOOD. DW.INC. Comprehensive Plan. 7. The Applicant proposes to develop the subject property in the following manner: as a 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 Sanitary sewer service to this site shall be via an extension from the existing main line installed in Thousand Springs Village Subdivision. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerline 1.2 Water service to this site will be via extensions of the existing main in line installed in Thousand Springs Village Subdivision. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 1,3 Indicate any existing ditch easements on the preliminary plat map. RECOMMENDATION TO CITY COUNCIL - 2 PRELIMINARY PLAT-WOODHAVEN SUBDIVISION DAN WOOD. DW.INC. 1.4 A fencing plan, and detailed landscape plan for all landscaped areas, shall be submitted for review and approval prior to submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. Perimeter fencing shall be installed prior to obtaining building permits. 1.5 A letter of credit or cash will be required for all landscaping, sanitary sewer, water, etc., prior to signature on the final plat. 1.6 Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 1.7 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. 1.8 Delete the reference to "A Planned Unit Development is Requested" in the "Project Summary" box at the bottom of the plat. 1.9 All proposed roads have a 50 -foot right-of-way with a 36 -foot street section, which is a change from the previous plat which proposed 29 - foot street sections. To date, ACHD has not submitted a revised staff report. Given the detached/parkway sidewalk design in Thousand Springs Village to the north, Staff recommends this same design be continued south into Woodhaven on both sides of S. Moon Dipper Avenue to the intersection of E. Goldbug Street. 1.10 City Ordinance No. 11-10-4 allows house sizes in the R-8 zone to vary throughout the subdivision, as long as they are dispersed. The Applicant is proposing the following disbursement of house sizes, which complies with the ordinance: RECOMMENDATION TO CITY COUNCIL - 3 PRELIMINARY PLAT-WOODHAVEN SUBDIVISION - DAN WOOD. DW.INC. House Size # of Houses on Plat % Provided Mowed % by Code 1,000 - 1,100 s.f. 2 6% 10% 1,100 - 1,200 3 10% 15% 1,200 - 1,300 7 23% 2.5% 1,301 + 17 56% 50% 1.11 Add a note to the plat stating the minimum house size is exclusive of garages. Adopt the Recommendations of Central District Health Department as follows: 1.12 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. 1.13 Run-off is not to create a mosquito breeding problem. 1.14 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 1.15 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. Z:\Work\MUVleridian 15360KWoodhavenTlat.Rec RECOMMENDATION TO CITY COUNCIL - 4 PRELIMINARY PLAT-WOODHAVEN SUBDIVISION DAN WOOD. DW.INC. WHITE, PETERSON, PRUSS, MORROW & GIGRAY, RA ATTORNEYS AT LAW JULIE KLEIN FISCHER PHILIP A. PETERSON Wm. F. GIGRAY, III STEPHEN L. PRUSS BRENT JOHNSON ERIC S. ROSSMAN D. SAMUEL JOHNSON TODD A. ROSSMAN WILLIAM A. MORROW DAVID M. SWARTLEY WILLIAM F. NICHOLS* TERRENCE R. WHITE-' CHRISTOPHER S. NYE 'ALSO ADMITTED IN OR "ALSO ADMITTED IN WA Hon. Robert D. Corrie City Council Meridian City Hall 33 East Idaho ,Ieridian, Idaho 336-12 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX (208) 288-2501 Linoil cia Internet rt' uie:it'uppmg.com March 3, 2000 Re: Woodhaven Development Dear Mayor and Council: RECEIVED �A; A�%O crrY of .vIERuUAVv L111 11IIN I Il AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.0247 TEL (Z08) 466.9272 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE At the City Council Meeting held February 15, 2000, the Woodhaven development came before the Council for public hearing on the application for annexation and zoning. The applicant requested zoning as R-3 but the Council, on a 3-2 vote, approved R-4. The applicant has asked for reconsideration of that decision. Currently, ,Vleridian City Code does not specifically allow for reconsideration of the Council's decision. However, this gets into areas of due process and I believe after consultation with Terry White, that there is a reasonable approach we can recommend that will satisfy the applicant and allow the Council to consider its decision of the 15" in light of the pending hearing on the Preliminary Plat. I recommend that the Council table the vote on the proposed Findings of Fact, Conclusions of Lav, Decision and Order on the application for zoning and annexation. The Council can then proceed to hear the application on the Preliminary Plat. If, after hearing the testinionv on Elle Prelirrrinary Plat, the Council does not want to reconsider its decision to zone the property as R-=1, the Preliminary Plat will be inconsistent with the prior decision and approval should be denied. If, after hearing the testimony on the Preliminary Plat, the Council wants to reconsider its prior decision, then the Council should table the decision on the preliminary plat, vote to schedule another hearing on the preliminary plat to be held at the same time as another hearing on Ede annexation and zoning, and direct the Cleric to issue all appropriate Mayor Robert D. Corrie and City Council March 3, '2000 Page notices and publications. That way the Council can 11e it the cwo issues together, and decide whether to amend its prior decision to zone the property as R --l. If it amends, then the City Attorney is directed to prepare Findings of Fact, Conclusions of Law, and Decision and Order consistent with that decision. On the other haled, after hearing both clatters together, the Council can still decide to zone the property as R-4 and act on the preliminary plat accordingly. This does not mean that the applicant is forced to accept the annexation and zoning. Because the parcel exceeds five acres in size, state law requires the owner's consent to annexation. if the owner \vitddmws consent because rhe approved zoning is not acceptable, t11e annexation cannot occur. Before voring on the proposed Findings of Fact, Conclusions of Law and Decision and Order, the applicant should declare whether consent to the annexation and zoning is withdrawn. As rhe I\lavorand Connell recovlllze, part of the problem with this application is due to the Planiiinu Mid Z0111r17 Commission passing its reconunendation on the annexation and zonin() but directing the applicant to submit a revised preliminary plat. This forced the Council to 1101d rile llearing on the amlexadorl and zoning on a date separate from the preliminary plat. It would be helpful to applicants, staff, and the Council, if the Planning and Zoning Coll mission would hold actioir on companion applications until thev can be sent together. CutTently, once the Commission has made a recommendation to the Council, a public hearing must be held within 43 days. The second alternative would be for the Council to hold the hearing and defer action on the application until the companion application comes before the Council for hearing and decision. Very trulv vours, %\!in. F. Nichols cc: Brad Hawkins -Clark. Gary Smith Will Berg, Jr. ZAworkV\A','Vleridi.m 15';00VI\Wootilix\,en�VlavorC:ouucit0'30200.Ltr March 2, 2000 Mayor Robert Corrie City Hall Meridian, ID 83642 Attn: Meridian City Council RECEIVED CITY OF MERIDIAN CITY CLERK OFFICE Re: Letter from Mr. Dan Wood requesting reconsideration of your zoning decision of R- 4 for the proposed Woodhaven Subdivision. Dear Mayor Corrie: I live to the South of the proposed Woodhaven Subdivison on a two acre lot and spoke at the City Council meeting on February 15`h for all of the property owners to the South along McDonald Lateral. I would urge you NOT to reconsider your decision and leave the zoning at R-4 in accordance with the vote of the City Council. If you recall, during my testimony on February 15`h, I indicated that while the issue of Annexation and Zoning was before the City Council, it was necessary to talk a little about the plat. I handed each of the City Council members a small map (copy attached) which showed Thousand Springs Village Subdivision, the plot plan for Woodhaven Subdivision, and the R-1 & RT lots to the South. I also included on that plot plan the square footage of lots in Woodhaven; selected lots in Thousand Springs Village and the R-1 & RT lots to the South. The plat submitted by Mr. Wood with his request for reconsideration letter is the same plat that I gave you for your review prior to the vote and decision of the City Council. The only changes are essentially, the right of way along McDonald Lateral was changed from 21 ft. north of the ditch centerline to 15 ft. which resulted in addition of some square footage to those lots along McDonald. All of the square footage on the other lots are exactly the same as I provided you. THERE IS NO NEW INFORMATION TO BE CONSIDERED. The planning and zoning process provides an opportunity for developers to be heard, the public to be heard, rebuttals by developers and questions by the decision makers. It would be detrimental to the total planning process to act on a request for reconsideration of your decision some two weeks after the decision and less than one week before the advertised public hearing on the preliminary plat. Should you decide to reconsider your decision on the proposed Woodhaven Subdivision as Mr. Wood has requested, you will be establishing a precedent where every decision by the City Council and Planning and Zoning could be the subject of a request for reconsideration. Again, I urge you NOT to reconsider your decision concerning the R-4 zoning of Woodhaven Subdivision. Sincerely, R Young 2950 E. Victory R Meridian, ID 83642 MERIDIAN PLANNING & ZONING MEETING: Februa 8 2000 : DAN WOOD/D.W. INC. ITEM NUMBER: 2 APPLICANT REQUEST: PRELIMINARY PLAT FOR 45 BUILDING LOTS ON 8.25 ACRES FOR PROPOSED WOODHAVEN SUBDIVISION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING & ZONING DEPT. CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WASTEWATER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: COMMENTS SEE 2/1 DISTRIBUTED NEW PLAT INFO OTHER: All Materials presented at public meetings shall become property of the City of Meridian. MAYOR Robert D. Come CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless MEMORANDUM: 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 To: Planning & Zoning Commission From: Bruce Freckleton, Assistant to City Engineer Brad Hawkins -Clark, Assistant Planner SSC. _0cFwED FFR 0 4 2000 City of Meridian City Clerk Office, February 4, 2000 jv&.- FEB 0 4 2000 City of Meridian f'ity Clerk Office - Re: REVISIONS TO 12/29/99 STAFF REPORT — WOODHAVEN APPLICATIONS by DAN WOOD, INC. — File #s PP -99-016, AN -99-021, CUP -99-042 This memo provides revisions to the 12/29/99 Staff report on the subject applications for the continued 02/08/00 P&Z Commission hearing. Since the January 12th P&Z Commission hearing, the Applicant has submitted a new, revised preliminary plat incorporating the Commission's requested modifications and considerations. Staff have reviewed the new plat and offer the following modifications to the previous report. ANNEXATION AND ZONING No additional Staff comments. The Commission recommended approval for application #AZ -99-023 requesting annexation with an R-8 zone and the City Council will conduct a public hearing on the application at their 02/15/00 meeting. CONDITIONAL USE The new, revised preliminary plat conforms to the standard R-8 lot size and platting requirements and the Applicant is no longer proposing a Planned Unit Development project. This eliminates the requirement to provide a minimum of 10% open space and comply with other PUD requirements. No variances from the R-8 standards are being requested. Therefore, Mr. Wood must submit a written request to formally withdraw the pending Conditional Use Permit application for the PUD. The Commission and Council should disregard all previous comments pertaining to the CUP application. PRELIMINARY PLAT The comments and conditions below shall replace all Preliminary Plat & Conditional Use Comments and Site Specific Requirements (page 3) of the 12/6/99 Staff report. General Comments Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be e P&Z Commission/Mayor & City Council February 2, 2000 Page 2 removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. 4. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 6. The key modifications made to the previous plat are summarized in the table below: 7. While we do not have any particular objection, Staff does not feel the duplex lot (Lot 5, Block 2) is necessary. While previous Staff testimony stated that a duplex lot would help meet the Comprehensive Plan requirement for "Mixed Residential," the R-8 zone adjacent to R-4 to the north and R-1 (Ada County) to the south could be interpreted to meet this requirement. If possible, respond in writing to the each of the comments contained in this memorandum, prior to the scheduled February 8, 2000 hearing by the Meridian Planning and Zoning Commission. Submit ten copies of the revised Preliminary Plat Map to the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. Site Specific Comments 1. Sanitary sewer service to this site shall be via an extension from the existing main line installed in Thousand Springs Village Subdivision. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerline 2. Water service to this site will be via extensions of the existing main in line installed in Thousand Springs Village Subdivision. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Old P.U.D. Plat New Plat Common Area Provided .91 ac. .36 ac. Total # of Buildable Lots 45 29 Density Cross 5.45 du/acre 3.63 du/acre Averaize Lot Size 4,545 s.f. 7,608 s.f. 7. While we do not have any particular objection, Staff does not feel the duplex lot (Lot 5, Block 2) is necessary. While previous Staff testimony stated that a duplex lot would help meet the Comprehensive Plan requirement for "Mixed Residential," the R-8 zone adjacent to R-4 to the north and R-1 (Ada County) to the south could be interpreted to meet this requirement. If possible, respond in writing to the each of the comments contained in this memorandum, prior to the scheduled February 8, 2000 hearing by the Meridian Planning and Zoning Commission. Submit ten copies of the revised Preliminary Plat Map to the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. Site Specific Comments 1. Sanitary sewer service to this site shall be via an extension from the existing main line installed in Thousand Springs Village Subdivision. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerline 2. Water service to this site will be via extensions of the existing main in line installed in Thousand Springs Village Subdivision. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Mayor, Council and P&Z February 2, 2000 Page 3 3. Indicate any existing ditch easements on the preliminary plat map. 4. A fencing plan, and detailed landscape plan for all landscaped areas, shall be submitted for review and approval prior to submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. Perimeter fencing shall be installed prior to obtaining building permits. 5. A letter of credit or cash will be required for all landscaping, sanitary sewer, water, etc., prior to signature on the final plat. 6. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 7. 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. 8. Delete the reference to "A Planned Unit Development is Requested" in the "Project Summary" box at the bottom of the plat. 9. All proposed roads have a 50 -foot right-of-way with a 36 -foot street section, which is a change from the previous plat which proposed 29 -foot street sections. To date, ACHD has not submitted a revised staff report. Given the detached/parkway sidewalk design in Thousand Springs Village to the north, Staff recommends this same design be continued south into Woodhaven on both sides of S. Moon Dipper Avenue to the intersection of E. Goldbug Street. 10. City Ordinance No. 11-10-4 allows house sizes in the R-8 zone to vary throughout the subdivision, as long as they are dispersed. The Applicant is proposing the following dispersement of house sizes, which complies with the ordinance: House Size # of Houses on Plat % Provided Allowed % b Code 1,000 —1,100 s.f. 2 6% 10% 1,100 —1,200 3 10% 15% 1,200-1300 7 23% 25% 1,301+ 17 56%50%+ 11. Add a note to the plat stating the minimum house size is exclusive of garages. Woodhaven R-8 Comments_.doc HP LaserJet 3100 or -ND CONFIRMATION REPORT for Printer/Fax/Copier/Scanner City of Meridian 2088886854 Feb -4-00 11:17AM Job Start Time Usage Phone Number or ID Type Pages Mode Status 264 2/ 4 11:15AM 1'5411 CORNERSTONE..T/R.FAX Send .............. 4/ 4 96 Completed........................................ Total 1'5411 Pages Sent: 4 Pages Printed: 0 700 E. Capon A— M. 201 V.MWn 10 0 PM- (7041. "&M F. (214)644b44, Ta D2M 1jay i Iran Sonya Day run 331-6.4Ng L-4-00 Ph— I+Pc a (Indult cover) SK Wmlhaven /PP, A2, cur) brnimm s cc: Now Taylor 3L3- 93% ❑ UWd J:rIer Rwri— 0 M. for w- o /here R.Iy ❑ P600" ReeyeM HP LaserJet 3100 ocND CONFIRMATION REPORT for City of Meridian Printer/Fax/Copier/Scanner 2088886854 Feb -4-00 11:20AM Job Start Time Usage Phone Number or ID Type Pages Mode 265 2/ 4 11:18AM 1'44" 208 323 9336 Send .............. 4/ 4 EC 96 Completed Total 1'44" Pages Sent: 4 Pages Printed: 0 100 E. Creon Ave.. Sb. 201 M.~, 10 aw Flwie.' (20O Fa(2084a%aU Ta D u�j Fromm Sonya Dy Frt� 331- 644 g oat. Z-4-oo Mtatw r"" 4 (reXdm 0D6w) staff Wr>a�haven /PP AZ cuP) Cnmmenrs CC: Nanc Tayrer 3L3' 9336 ❑ Ur"M j2rFw R«Mw ❑ Mw. Ca—ew ❑ ". RmNY ❑ Mo. R�af�d• Status ra J -U -B ' GINEERS, Inc. -TTER OF TRANSMITTAL 250 S. Beechwood Avenue Suite 201 DATE: 2/8/00 Project No. 11606 Boise, Idaho 83709-0944 PROJECT NAME: WOODHAVEN Telephone: 208/376-7330 PROJECT MANAGER: GARY A. LEE FAX: 208/323-9336 TO: CITY OF MERIDIAN CITY CLERK'S OFFICE 33 EAST IDAHO STREET MERIDIAN, ID GENTLEMEN: We are sending you the following items: ® ATTACHED ❑ SHOP DRAWINGS ❑PLANS ❑ PRINTS ❑ COPY OF LETTER ❑ CATALOG SHEETS COPIES J DATE or N 10 2-8-00 SUBJECT: WOODHAVEN SUBDIVISION - PRELIMINARY PLAT APPROVAL ❑ UNDER SEPARATE COVER via ❑ SAMPLES ❑ SPECIFICATIONS ❑ CHANGE ORDER ❑ DESCRIPTION SHEETS 1,2,3 OF WOODHAVEN SUBDIVISION - PRELIMINARY PLAT THESE ARE TRANSMITTED AS CHECKED BELOW: F-1FORAPPROVAL ®AS REQUESTED ❑FOR SIGNATURE ® FOR YOUR USE ® FOR REVIEW AND COMMENT E] RETURNED FOR CORRECTIONS ❑ FOR BIDS DUE , 1997. ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS: ECEI)IE® FEB - 82000 City of Meridian City Clerk Office IF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY US AT ONCE. J -U -t:$ tNk.71Nr-r-M0, MU. COPY FOR SIGNED:�iA -e&a4 ' io NANCY TAYLOR RECEIVED BY: DATE: PLEASE SIGN, DATE, AND RETURN COPY TO J -U -B MERIDIAN PLANNING & ZONING MEETING: January 12 2000 ITEM NUMBER: 4 APPLICANT: DAN WOOD D.W. INC. REQUEST: PRELIMINARY PLAT OF 8.25 ACRES FROM RT TO R-8 FOR PROPOSED WOODHAVEN SUBDIVISION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING & ZONING DEPT. CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WASTEWATER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: COMMENTS SEE PREVIOUS PACKET OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning and 4.oning Commission January 12, 2000 Page 2 MOTION CARRIED: 2 AYES, 1 ABSTAIN 2. CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 8.25 ACRES FROM RT TO R8 FOR PROPOSED WOODHAVEN SUBDIVISION BY DAN WOOD/D.W., INC. – WEST OF EAGLE ROAD BETWEEN OVERLAND AND WEST VICTORY: Borup: I think you've received a supplementary staff report with some additional information. Steve, was there anything that you wanted to add? Siddoway: The vicinity map is up on the screen. You can see it is near the intersection of Eagle Road and Victory Road. This is a blow up of their plat that they are showing with the smaller lots. This shows their landscaping plan. They do have a common lot. They are showing a neighborhood park, common open space here in the center and some common lot landscaping along Eagle Road in these lots here. This will show you its relation to the adjacent site, adjacent properties. There are to the north is Thousand Springs Village and 3 phases of Thousand Springs Subdivision. To the south, the McDonald lateral runs right along the south border of the property and there are several large single family homes zoned R-1 and RT that are in Ada County and have not been annexed to the city yet. On the east there are four single family residences, currently zoned RT in Ada County on the other side of Eagle Road and to the west is the Thousand Springs Subdivision currently zoned R-4. This is a photograph of the site taken from Eagle Road looking west into the site. You have Brad's staff report that adds to the previous one dated December 29th. That's all I have at this time unless you have any questions. Borup: Any questions from the Commissioner's for Steve? The applicant here and like to come forward with anything you'd like to add to last months testimony. Wood: My name is Dan Wood. I live at 13141 W. Blue Bonnet Court. I was just going to turn around and comment on the previous staff report. I just received this report. I am taken by surprise on this one. I guess I'll just go on with what I did have previously in the past staff report. Staff had recommended or staff had agreed with the proposed R-8 change and found that it was in compliance with the Comprehensive Plan. Item number 2 in the staff report dated December 6. On the very last page, land use chapter, policy 6.83 or 8U states that in the past that the city has looked at it as compatible buffer more toward 10 acre parcel, not the R1 and RT, so they look at it as it is compatible. Other then that—the only other item looking at Meridian's Comprehensive Plan, the actual map, it definitely shows this area being a mixed use area, so I am just trying to follow your Comprehensive Plan. Borup: Any questions for Mr. Wood from the Commission? Barbeiro: Mr. Wood, have you made any changes to the plan since our last meeting or is it being submitted as— Meridian Planning and Kilning Commission January 12, 2000 Page 3 Wood: As is. Borup: I don't think I have any questions pertaining to the zoning, so I'll save my other comment for later. Is there anyone from the public who wishes to comment on this application. Young: My name is Rex Young. I live at 2950 E. Victory Road in Meridian. My property lays immediately to the south of the proposed Woodhaven Subdivision. I have 2 acres. i have lived there for nearly 30 years. The comments that I have really pertain to all of the neighbors who have homes there to the south. My lot is about 87,000 square feet. The smallest lot there is about in the neighborhood of 45,000 square feet. As we look at this proposed subdivision, the average size lot there is about 4,500 square feet. I don't have a large elaborate home or anything like that, but my floor space and garage space are about the same size of those lots that are being proposed. I don't want to go into a lot of detail. I know it is on the public record, but I do have here a petition that was put together that was signed by about 17 people and in essence it asks you folks who uphold the Comprehensive Plan, specifically paragraph 6-8U, providing transitional lots. We also urge you to uphold the Comprehensive Plan and provide a project at a maximum of R-4 and we recommend design of the entire project, so I'll give this to you for the record, if I may. I would like to address very briefly the revised planning and zoning staff comments dated 29 December. They indicate that the Comprehensive Plan and Zoning Ordinances both support and oppose the R-8 zoning proposal and that the decision must be determined by the site specific conditions. When we take a look at the sites specific conditions, we've got about 160 acre parcel of property here. 140 acres of that property is currently zoned R-4 and is made up of Thousand Springs Subdivision and Thousand Springs Village Subdivision. Then you have about 12 acres that fronts along Victory Road that has your larger rural residential lots that are 1 and 2 acres. The majority of them are 2 acre lots, and the proposed Woodhaven Subdivision is a strip of land that is about 160 yards wide. There is just not enough property there in our opinion to make a decent transition. It is unfortunate that the hours caught up to us at the last hearing and it is also unfortunate that Mr. Hatcher and Mrs. De Weerd are not here, but I would like to quote their comments kind of as a wrap up, if I may please. Mr. Hatcher indicated during the hearing that I think the present owners of the lot deserve adequate transition as the adjacent lots currently have, but I think that this location may not be the most adequate site. Mrs. De Weerd indicated during the hearing, I like PUD's and I like mixed density, but I do believe in transitioning and the highest density in this subdivision is abutting the largest parcels. I know several instances where we have taken a look at the neighbors and have tried to work out transitions, and as far as the lot size transitioning into a higher density is actually going the opposite direction. I like mixed densities but this may not be the spot. There is not enough room for transition like that. Now the average lot size in Woodhaven is 4,545 square feet, which is approximately 70 percent of the size required for a straight R-8. We believe that R-4, which was granted to Thousand Springs and Thousand Springs Village, should serve as a precedent for Woodhaven if not in consistent with the Comprehensive Plan which does not define mixed residential. Also, /- N /1 Meridian Planning ano _ening Commission January 12, 2000 Page 4 we strongly support the comment in the revised staff comments that no 2 story structures are permitted on lots contiguous to the McDonald lateral. On Thousand Springs Village, which abuts larger lots there to the south of it, we did receive concessions there from the developer that there were to be single story structures on several of those lots and briefly just to wrap it up I would like to summarize the position of the neighbors there to the south. We do not oppose the annexation but we do oppose the R-8 zoning. We believe the zoning should be no greater than R-4 which is consistent with the other 140 acres to the north and west. We believe that transitional lots should be provided, consistent with the Comprehensive Plan to the south along McDonald lateral. The transitional lots should be no smaller then 12,500 square feet which is the smallest transitional lot that was provided by the Thousand Springs Village Subdivision. We believe that fencing along the south, along McDonald lateral, should be the same as provided by Thousand Springs Village and the fence line should be built up as necessary to equal the same level as the access road along McDonald lateral. We believe the homes should be constructed to the south along the McDonald lateral, should be restricted to single story thus preserving our view. This is supported by the revised staff comments. We want our ability to burn with appropriate permits and raise livestock on our property. We want equipment work hours controlled and dust controlled during construction and we want the McDonald lateral undisturbed until or simultaneously with the installation of an alternate water delivery system installed by the Boise Project Board of Controls. So, that is kind of the position of the neighbors there. I have summarized on a separate piece of paper this information. This will give you a summary. There is one other comment that I would like to make and in the revised staff report, we previously expressed our concern about the possible degradation of the property values with the small lots and the small homes going in. In the revised staff comments it says that additionally, local comparisons i.e. Ada County Assessor's Office and national studies i.e. Urban Land Institutes, show no evidence that property values of large residential lots decline when high quality, smaller lots are constructed adjacent to the large lot boundaries. I understand what they are saying there, however, we the neighbors don't really feel that this is a high quality subdivision. It may look nice, but when you've got homes that are going in that are going to be in the—starter homes, smaller in size and so forth, we do feel in fact that it will have an adverse impact on our property values. Borup: Any questions for Mr. Young? Barbeiro: Mr. Young, in regards to your item number (inaudible) we want the McDonald lateral undisturbed until or simultaneously with the installation of alternate water delivery system installed by the Boise Project Board of Control, is it your concern that the delivery of the water would be interrupted during construction. Young: Yes. That property there, not only those that abut up against this subdivision, but also the property on to the west, the larger lots there, all depend on that water out of the ditch and we have to pump. Now, when Thousand Springs Village went in there, initially Thousand Springs Village agreed that they would provide individual pumping stations for us. When they went to the Boise Project Board of Control, they said, no /"` Meridian Planning and z-oning Commission January 12, 2000 Page 5 they did not want them to do that. I went down and met with the Board and then they sent me a piece of paper in writing where they said that they would install a separate delivery system to the neighbors there so we would have pumping stations. They said that they would do that after the McDonald lateral was de -watered this fall. They have not done anything yet. We've got neighbors to the west that are off water. We believe that the Boise Project Board of Controls will put that system in, hopefully before that water goes into the ditch in the spring. If they do that, then we will on water. If they don't do that, then we want to preserve our ability to continue to get water until such a alternate system is put in. If I understand there is going to be another pipe that is put in with individual pumping station for us. Barbeiro: If I may ask Bruce, what is customary under these circumstances and is Mr. Young's concern justified. Freckleton: Mr. Chairman, typically an installation where they do have a live ditch they do try to get those done during the winter months when the water is out. Boise Project Board of Control is one that we don't deal with a whole lot. There is very few ditches in Meridian that are under their jurisdiction. I do remember what Mr. Young is talking about. I do remember seeing those letters. I have not seen any action on it either. Young: The last time I talked with Mr. Hensley, this was probably a month ago, he indicated that they were working on some other projects and certainly intended to get that put in before the water come back in. He also indicated that if they did not get that put in, he'd give me a bucket, which might be rather humorous until you start trying to pack water for 2 acres of property. I think they will do what they said they would do. Barbeiro: This is you lot here, is that correct. If Mr. Wood were to maintain the density in the subdivision except for the lots on the south and were to build a house on every other lot essentially, which would bring them to a R-4 design for the southern lots. Would that be an acceptable compromise. Young: If he was to build one on every other lot, if you look there in the corner, the largest lot is about 6,700 square feet. The average lots as you go across there based on the planning and zoning amended report, is like 4,545 square feet. If he built on every other lot your looking at around 9,000 square feet. If you look at my property that abuts against Thousand Springs Village, the lot that abuts me there is 16,000 square feet. If you proceed on to the west, the smallest transitional lot that abuts against that property is right at 12,500 square feet. We think that we ought to have transitional lots of at least that size. Barbeiro: You would not even entertain the idea of doubling the lots on the south so that you would have about a 9,000 square foot lot. That appears to me to be something of a compromise and would allow you to have a 9,000 square foot lot versus a 4,500 square foot lot abutting your property and your neighbors. I have not presented this to Mr. Wood. I just wanted to — Meridian Planning and mooning Commission January 12, 2000 Page 6 Young: I understand. A person needs to try to compromise. I don't remember which lot it exactly is there, but one of the lots is 2,900 square feet. I think it is the one against the back of my property. So if—I think based on (inaudible) not only in Meridian but in Ada County, City of Boise and so forth, those transitional lots have been provided. I don't think we need something a half acre, but I think 12,500 square feet is a reasonable compromise. Barbeiro: Okay. Thank you. Borup: Do you ever anticipate you or any of your 4 neighbors ever changing the use of their properties. Young: I've read Mr. Brown's comments in the minutes of the meeting. The way I feel now in my lifetime, I don't intend to change the use of the property. That is not my intent at all. Borup: Would you feel comfortable with putting a restriction on all that land. That is would never be able to change. Stay strictly a single family residence on the acreage that is there now. Young: Would I be comfortable with that? I don't know. Would you be comfortable with putting such a restriction? Could you? Borup: I don't think we can. That is what I am asking. One of the things we have to do is planning and so many times you hear where were the planners 20 years ago. Why didn't they plan for what is going to happen here. This is an intersection, a mile intersection on a state highway and logic is going to say that that is in the Comprehensive Plan you usually designate those as a commercial intersection. Logic to me would dictate that that is going to be commercial some day. When values of property go from so many dollars per acre to so many dollars per square foot, the owners of those properties may have a whole different attitude on whether they want to stay there or what they want to do with their property. If it is reasonable to assume that those properties could go commercial or at least half of them or what ever it may be, then we are talking about definitely needing transition between residential and a commercial. How do you make that transition at that point. Young: I guess just like you do at any other place where people did not plan on— Borup: That is what I am saying. We have an opportunity to plan. Your saying we want to go ahead without planning again. Young: No, I am not saying that. I understand you've got a tough job, but when I bought the property 30 years ago, I bought it because I wanted to get out of Boise and get in an rural environment. When we moved out there, we were way out. It is my intention now that I will live there until I die. Meridian Planning ano _-)ning Commission January 12, 2000 Page 7 Borup: How about your other 4 neighbors? Young: Can't answer the question. If somebody comes in and buy the 2 pieces of property or the 3 pieces to the east of mine and they are going to put in a Albertson's or something, I may be interested in selling and moving north to a rural environment. I don't know. As of now I don't visualize that I would be selling that off. There is not commercial development there now. Borup: I don't see what it would be. It is not a logical place for residential development. No one wants to have a residential on a busy street with other buffering on that street too. You needs to have a lot of property to put buffer in. Young: One more thing. I understand that the engineering firms have got on the drawing board of dividing the property to the south of Victory Road across the road from my property for residential. Borup: Don't know. Can't comment on that. It is in our impact area so someday I am sure it will be. Young: That is not zoned commercial at that crossroads now. Borup: No it isn't. It is in Ada County. Thank you Mr. Young. Anyone else. Marquart: Good evening. Dave Marquart. 3100 E. Victory. I'd like to comment on a couple things. I believe in the Meridian Comprehensive Plan. There is no commercial plan for that intersection at Eagle and Victory. It is planned for one mile south in your Comprehensive Plan. Borup: Our 93 Comprehensive Plan. How about the 2000. Marquart: We have to use the one we have right now. I think your Comprehensive Plan called for that not to be one mile to the south. I would like to agree with everything that Mr. Young had said and concerned primarily about the McDonald lateral. Drawing attention to the staff report that was just brought out, the second paragraph, the last sentence, the staff supports a common planning standard that transitional lots can mean that no more than two new lots be allowed immediately contiguous to or with in the side boundaries of one existing larger lot. That refers to those to the south that would be in here. Also, on the second page I find it interesting when I read that the standards for R-8 are listed there at the top of the page, minimum lots size of 6,500. Then in the very first sentence of the next paragraph, it says lot 14, block 2 is the only buildable lot that meets that minimum lot size that the Comprehensive Plan sets out. In the third page, I'd like to compliment the staff on fixing up the transitional distance that they wanted to have as forty feet but now is 21 and that is correct. Then those 2 items at the bottom where they have no 2 story structures permitted. I certainly agree with that. The existing plan calls for combined driveways on some of the planned housing Meridian Planning ana ming Commission January 12, 2000 Page 8 and in number 2 it asks for to separate that to have some kind of planter strip in there. Those are the comments that I have. Borup: Thank you. Anyone else. Allen: Jim Allen. 3040 E. Victory. I am between Mr. Young and Mr. Marquart. I appreciate the work that staff went to re -looking at this thing. I guess I could live with 2 houses to the north of me. I would certainly rather have '/z acre lot up there, but so be it. Whether we plan on living there the rest of our life, we plan on it but times change and times are changing. At the time it ends up being commercial, we might have to take another look at what we want to do. I do appreciate staff re -looking at what they are doing. Borup: Anyone else? Hepper: Hi, I'm Teddie Hepper. 3130 E. Victory. I am the second on over. I am the one it seems to effect the most. I have 5 lots in my backyard there. Five roof tops. I got the petition signed by all the people on Eagle Road. They have commented to me that they were really concerned about the exit, the entrance there because there is one up where there is no platting and there is the next one. The way the traffic backups there, it is just going to be a mess. At 5 o'clock it is all ready backed up a half mile. If we have 3 entrances within a half mile there, I think it is going to be quite a mess. If they could have them come in through Thousand Springs like the road is there, it would certainly help. Plus I agree with everything Mr. Young said. I am going to live there forever and I don't want it turned into commercial. Marquart: My name is Barbara Marquart. I live at 3100 E. Victory which is one of the four lots that we have been talking about. I just want to point out the fact that 100 percent of us have been represented and all coming from the same angle. I want to remind you that as of right now, no one is living at Thousand Springs Village Subdivision. They obviously are absent from this meeting. I thing that we are representing them also in our concerns about what is happening. I think it will be a big impact on those homes being sold and I guess I am asking you to represent them in your decision tonight, because it will have a impact on them as it is 100 percent of us. Borup: Anyone else? Thank you. Commissioner's, any comments. Again, I remind everyone this is Item, even though we have had testimony to all phases of the item on the agenda is zoning and annexation. Anything the applicant like to conclude with pertaining to the zoning. Okay. Thank you. Commissioner's. Would you like to close the public hearing or have some discussion first. Barbeiro: Each of the speakers have a viable argument. We can go ahead and do annexation and zoning without regards to the PUD, is that right. With that I move we close the public hearing. Brown: I second. Meridian Planning ar" ming Commission January 12, 2000 Page 9 Borup: All in favor? MOTION CARRIED: ALL AYES Borup: Any discussion? Brown: The item before us is the annexation from a RT to and R-8. I believe that is appropriate in this area as previously stated by Mr. Young, in looking around the area as you see different intersections throughout our community, especially the busy ones and I would imagine Victory Road currently is pretty busy but it will be busier in the future. There is going to need to be some transition of home types as you go toward Victory Road. I believe the R-8 zoning is appropriate. Borup: Any thing you want to add Tom. Is anybody ready to make a motion? Barbeiro: Mr. Chairman, I move that we recommend to City Council the approval of request for annexation and zoning of 8.25 acres, RT to R-8 for proposed Woodhaven Subdivision by Dan Woods/D.W., Inc. Brown: Second. Borup: All in favor. MOTION CARRIED: ALL AYES 4. CONTINUED PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR 45 LOTS ON 8.25 ACRES FOR PROPOSED WOODHAVEN SUBDIVISION BY DAN WOOD/D.W., INC. –WEST OF EAGLE ROAD BETWEEN OVERLAND AND WEST VICTORY.- 5. ICTORY: 5. CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR RESIDENTIAL PUD FOR PROPOSED WOODHAVEN SUBDIVISION BY DAN WOOD/D.W., INC.—WEST OF EAGLE ROAD BETWEEN OVERLAND AND VICTORY: Borup: Steve, did you have any additional comments. Siddoway: I only thing that I would like to add is something that I found in the PUD ordinance this afternoon. It says that someone applying for a PUD can request higher densities then are allowed with the straight minimum lot sizes and such, but that those shall not be a increased density of more than 25 percent. The density at a average lot size of 45, 45 is approximately 30 percent increase in density. This would be more than that 25 percent that the ordinance speaks to. Also, in order to get that increased density, it says that we need to provide one of several options that the ordinance gives in additional open space, additional landscaping and things like that. The applicant is Meridian Planning and . ming Commission Meeting December 14, 1999 89 Barbeiro: Mr. Chairman, I move we continue the public hearing to our next regularly scheduled meeting of January 11, 2000. Brown: I'll second. Borup: All in favor? MOTION CARRIED: 3 TO 1 Borup: Commissioner Hatcher which way did you go? Hatcher: I said aye. I could vote no or I could continue. I won't be here for the January 11th meeting. De Weerd: Me neither. Borup: Are you prepared to vote on all three of them tonight? I guess it would depend on how the first one went. It has been voted to continue. I am assuming we need to do the same on 12 and 13. Do we need to open those. 12. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR 8.25 ACRES FROM RT TO R-8 ZONING FOR PROPOSED WOODHAVEN SUBDIVISION BY DAN WOOD, D.W., INC. –WEST OF EAGLE ROAD BETWEEN OVERLAND AND WEST VICTORY: Hatcher: Mr. Chairman, I move that we continue the public hearing for Item 12. Brown: Second. Borup: All in favor? MOTION CARRIED: 3 TO 1 13.PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR RESIDENTIAL PUD FOR PROPOSED WOODHAVEN SUBDIVISION BY DAN WOOD, D.W., INC.—WEST OF EAGLE ROAD BETWEEN OVERLAND AND WEST VICTORY: Barbeiro: I move we continue the public hearing to the next regularly scheduled meeting January 11, 2000. Brown: Second. Borup: All in favor? MOTION CARRIED: 3 TO 1 MERIDIAN PLANNING & ZONING MEETING: December f, 1999 APPLICANT: DAN WOOD D.W. INC. ITEM NUMBER: 72 REQUEST: PRELIMINARY PLAT FOR 8.25 ACRES FROM RT TO R-8 ZONING FOR PROPOSED WOODHAVEN SUBDIVISION AGENCY COMMENTS CITY CLERK: SEE ATTACHED CITY ENGINEER: CITY PLANNING & ZONING DEPT. SEE STAFF COMMENTS CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: SEE COMMENTS CITY BUILDING DEPT: CITY WASTE WATER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE COMMENTS NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. SUBDIVISION EVALUATION SHEET R,EcENED OEC 0 2 1999 Proposed Development Name Woodhaven Subdivision File # PP -99-0,1r>,, .9 A&,ri ian City Clerk Office Date Reviewed 11/23/99 Preliminary Stage XX Final Engineer/Developer Gary Lee JUB Engineering The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following street is existing and the name shall appear on plat: "S. EAGLE ROAD" The street labeled "E GOLDBUG" on the plat is in alignment with the existing "E MOON DIPPER" and shall carry the name "E MOON DIPPER STREET". The street labeled "S MOON DIPPER" on the plat is in alignment with the existing "S HOOD RANCH" to the north and shall carry the name "S HOOD RANCH AVENUE. The name "GOLDBUG" has been reserved for Thousand Springs Village and cannot be used without an alignment or connection Please choose another name. The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, AGENCY REPR SENTATIVES OR DESIGNEES Ada County Engineer John Priester f __ t4t t � Date r � Community Planning Assoc. Sue Hansen 4- Date :2Z City of Meridian Cheryl Sable Meridian Fire District Representative Date t 1 2 Date ` NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed 1111 Sub Index Street Index Section NUMBERING OF LOTS AND BLOCKS - �_ fII2-4*11 TRISUBSkSM_CITY.FRM To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 26, 1999 TRANSMITTAL DATE: November 10, 1999 HEARING DATE: December 14, 1999 FILE NUMBER: PP 99-016 REQUEST: PRELIMINARY PLAT FOR 8.25 ACRES FROM RT TO R8 ZONING FOR PROPOSED WOODHAVEN SUBDIVISION BY: DAN WOOD, D.W., INC. LOCATION OF PROPERTY OR PROJECT: WEST OF EAGLE ROAD BETWEEN OVERLAND AND WEST VICTORY ROAD TAMMY DE WEERD, P/Z MERIDIAN SCHOOL DISTRICT KENT BROWN, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) HUB OF TREASURE VALLEY ADA COUNTY HIGHWAY DISTRICT Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT CENTRAL DISTRICT HEALTH ROBERT CORRIE, MAYOR (208) 288-2499 • Fax 288-2501 Citv Council CITY OF MERIDIANS CHARLIE ROUNTREE, C/C Members KEITH BIRD, C/C PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD City Clerk Fax (208) 888-4218 DEPARTMENT DEPARTMENT (208)884-5533 • Faz 887-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS CITY ENGINEER WITH THE CITY OF MERIDIAN CITY PLANNER To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 26, 1999 TRANSMITTAL DATE: November 10, 1999 HEARING DATE: December 14, 1999 FILE NUMBER: PP 99-016 REQUEST: PRELIMINARY PLAT FOR 8.25 ACRES FROM RT TO R8 ZONING FOR PROPOSED WOODHAVEN SUBDIVISION BY: DAN WOOD, D.W., INC. LOCATION OF PROPERTY OR PROJECT: WEST OF EAGLE ROAD BETWEEN OVERLAND AND WEST VICTORY ROAD TAMMY DE WEERD, P/Z MERIDIAN SCHOOL DISTRICT KENT BROWN, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) THOMAS BARBEIRO, P/Z ADA COUNTY HIGHWAY DISTRICT RICHARD HATCHER, P/Z ADA PLANNING ASSOCIATION KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RON ANDERSON, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) KEITH BIRD, C/C U.S. WEST(PRELIM & FINAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL) SEWER DEPARTMENT SERVICE _SANITARY BUILDING DEPARTMENT FIRE DEPARTMENT YOUR CONCISE REMARKS. DEPARTMENT _POLICE CITY ATTORNEY A,) Aw+) AC>W Ss CITY ENGINEER CITY PLANNER 1/_ \_'(bo 5; of Tl9; �i+yc, � -� rV L d WCL ' ©`t% Com. -F�i✓ �i C ✓ 3 01 °i , CW CENTRAL CENT RAL DISTRICT HEALTH DEPARTMENT DISTRICT Environmental Health Division HEALTH DEPARTMENT NOV 2 2 1999 Return to: ❑ Boise ❑ Eagle Garden City Rezone # rrfw -� r p.� ��a ��-- �-�•-.sMeridian Conditional Use # ❑ Kuna Preliminary / Final / Short Plat �/�1 g�f%j —awl j� / J/) ❑ ACZ ❑ I. We have No Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other ❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: central sewage El community sewage system E] community water well ❑ interim sewage central water ❑ individual sewage I individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ,central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines central water 10. Run-off is not to create a mosquito breeding problem. ❑ II. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store 14. Sc:fjr14—�.4Cf/9?9 Sr—ZVZ A6 -c_ &..�..6c e; -iit/Date: v` Reviewed By: Review Sheet MHO 10/91 rcb, rev. 7/97 CC('qqr If f ALT k1i RT,tENT OEPA, i disease arrd disadlW!. to 2runwre heat:h-, tiles. -lies. and to pratrccurd rd 7rumofe lire i+ea(t L, .'rererrt arre( tura!!t rrd ,ir+uliri u% ur+� envirurrurerrt, STORitiIWATER NI- NAGENIENT RECON MENDATIO1'N"S We recommend that stocmwater be pretreated d`zrouzh a grassy swale prior to :SCh �� CC ��'.'� SL'rsLirfa�e CO pCevenC crnpacC CO rar,-r anri surface Wafer aualicy. The enzineers and architects involved with the design of this project should obtain current best management practices for stormWater disposal and design a stormwater management system that is preventing �roundc�ater and surface water degradation. Manuals that could be used for guidance are: 1) State Of Idaho Catalog Of Stormwater Best tilanagement Practices For Idaho Cities And Counties. Prepared by tl'ie Idaho Division Of Environmental Qualicy, July 1997. 2) Scormwater Best Management Practices Guidebook. Prepared by City Of Boise Public Works Depar=ent, January 1997. $corrmwater /93:dly Seriirt; ric!!ey, E!rnore, Boise, crtd.��c Coart^es vcilay Ccurty Ct.`:ca Ccurfy Cttica Acc- iC SVOW1a OMCs .incre Ccunr/ Of Ice 7C3 N. t.. i-eer ACC / �ai:9 7r,7 M. :cn�C.^•S, ?I. 1 :iE RCC3r _. -v.:0 3]�ar v ? ?cx t d,:.3�.%r: 4t�CCCtt: :1 0aHr crsa.0 PM. G P.iC e3tZl-.-i.Ztct di +,T T�% , n.n: ; =s:. .^:a'ct' �m'ra.^r.ich/ ;_-.!:d•-Q7 ;AXd r=?rc1t•-rnsraa7.• t c?�Cr:�t%: �,: i27-7icc wC: :d .Co ::cns::21-i�2t gout! "turrrnCn: 13T •T 4;0 YfIC 127.7.1? - Phone: (208) 888-4433 Fax: (208) 888-4218 Fax To: Dan Wood From: Shelby Fax: 331-6448 Date: 3-6-00 Phone: Pages: 10 Re: Prel. Plat Application — Item Packet CC: Ka, - C f6n--- ❑ URGENT ❑ FOR REVIEW ❑ FOR COMMENT ❑ FOR REPLY Let me know if you need anything else. - Shelby 4� mll-�r- C March 20, 2000 Mayor Robert Come Meridian City Council City Hall Meridian, ID 83642 Re: Attached Revised Plat for Woodhaven Subdivision Items I have addressed: RECEIVED MAR 2 0 2000 CITY OF MERIDIAN CIN CLERK OFFICE 1. Removed duplex lot (Lot 5/Block2). Spread extra square footage over entire subdivision. Average overall lot size for 29 single family home lots is 7,900 sq. ft, well over the minimum of 6,500 sq. ft. allowed with R-8 zoning. 2. Increase southerly lot size. Average for the eight (8) lots is over 9,000 sq. ft. Exceeds the required minimun size for R-4 zoning. 3. Change the McDonald Lateral to a common lot, which could serve as an additional buffer or increase the average lot size for the eight (8) lots that abutt the McDonald Lateral to over 10,400 sq. ft. I would provide to deed the McDonald Lateral to the U.S. Government as did Thousand Springs to the west of Woodhaven. This area could still be considered a buffer area as no permanent structure can be placed in this area. In closing, the original plat proposed 45 lots with average lot size of 4,500 sq. ft. The proposed new plat shows 29 single family home lots with average lot size over 7,900 sq. ft. Minimum lot size for R-8 is 6,500 sq. ft. Staff and Planning and Zoning interprets the "Mixed Residential" designation to call for zoning other than a straight R-4 and that the use of land within the "Mixed Residential" areas should strive to meet a broader housing/residential market need that can be met under the "Single Family Residential" designation. Annexing the subject parcel with the requested R-8 zone also conforms with other comprehensive plan policies that call for a wide variety of housing types and housing for all income groups. Sincerely, Dan Wood'�� 3 „91,00.00 S 337 -- --- -- -- -- - — �113J-mg 3dVOSONVI N333f18 3dVOSONVI N / 127 83 1 I O n O ^f-, N O (D, (D, .u� 1 n Icr O co n/ 0 NO / \ ,001 tt s N b ;- j J," RU�o N m f+� i. W ^ i" .i.. I � N e ass r ,OOI f? , . 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O lro J l6.00V 3 .,K%L1.00N - I ergo ® eoe9 I 6 N e I ® 81707 I 00 "W S / — N 86.23'32"W 38.40' Rilw r • 34' tf' H 44' 4 44• 30' BLOCK I I I I 1 5,498 SF 14,356 SF 1 4,336 SF :4,336 SF I {,356 SF l 4,756 SF m 95 SF a I a I •a w W L L L w L L L +66' _ _ xoa• e r---- P 1 AnAn 1 a I I aa' vA0 40E21 SF I 4.036 SF 1 -w 7.968 SF I c (T'R) I I I SUBDI SION NO. 4 31 4,550 Sr 99• f-----1 '0.990 S 1 / 6g0 I fe I' 4,701 I N 89' 7'41'W 783.57" I S.• J SF 1 J.9a1 SF n 4.060 SF 1 ;. 23 I s 7_ _ _ J _ _ J _ J BIOCKJ2 °' 4,ai♦ Y b I +.737 SF J? % 3.176 SF I i _ i o 26 t 44' _ _ J _ — J 3.33 SF 13' TBACX 44' 4.e�0 SF 1 k' 44]— 44' — 44' k" {4' 44' —49' 57 — _ _ J • 44' Mc057'iL LA TERAL — — J 2,97, SF I R r — — — — —, I r. 99' :-10' SE ACK I I 1 BLOCK 12 I I I I W I I I 9 1 14.933 Si e I x.336 SF I a I 4,736 SF I 6 I a x.336 SF l a 5 I 4,356 SF I w 4': I 4.358 SF 1 a 3 I 4.358 SF I o z I 4,]56 SF I a 1 I 4.958 SF I a d of I Iw 1. 14,736 SF I •,356 SF 8)� p� 4.517 SFI 3 1 -L 106 . 1 I p e Ln J JJ J J J J J 2 29' dN 4' 99' SQ', I I I I 25.x46 sF c I _ c ..s36 sF t I x+ 3 4.35161 s< E.GOLDBUG STREET e1 7�' — — Job — — o • 34' tf' H 44' 4 44• 30' BLOCK I I I I 1 5,498 SF 14,356 SF 1 4,336 SF :4,336 SF I {,356 SF l 4,756 SF m 95 SF a I a I •a w W L L L w L L L +66' _ _ xoa• e r---- P 1 /9 i s +.408 Si I 1 a I I aa' vA0 40E21 SF I 4.036 SF 1 -w 7.968 SF I c (T'R) I I I o. 31 4,550 Sr 99• f-----1 '0.990 S 1 / 6g0 I fe I' 4,701 I r r I S.• J SF 1 J.9a1 SF n 4.060 SF 1 ;. 23 I s 7_ _ _ J _ _ J _ J BIOCKJ2 °' 4,ai♦ Y b I +.737 SF J? % 3.176 SF I i _ i o 26 t 44' _ _ J _ — J 3.33 SF •0• I 99' 4.e�0 SF 1 NEIGHBORHOOD — _ _ J • 44' Mc057'iL LA TERAL — — J 2,97, SF I R r — — — — —, I r. 99' 4. 99 I r w I 6 a I S m PARK 6 121' •TO 4 1 -- -� I _ a9 / 4,348 SF I BE OEEEOEO TH[ '4 �4: ?6 h^ EORICHT ST OF WAY OF TOi% E N ----- / , �4 a 14,347 Y 14,736 SF I •,356 SF 8)� p� 4.517 SFI 3 1 I 106 . 1 I p e Ln S G� 532 SFJ 2 29' dN 4' 99' SQ', I 1 I I 25.x46 sF c I _ c ..s36 sF t 3 4.35161 s< I o I rBLOCK 2, It BLOCK 3 t I I r BLOCK 2 4. 44' —44 J J I J 4. 9� SF I m t o I 4,766 SF �•. \ Q^ 79' .------- I ' j 4,759 SF 5° 33 a — 8 — Eco 2500 LDBUG CIRCLE — / �� 4,406 SF I I 105' Z 33 Z I 1 I 7s e 1 /9 i s +.408 Si I 1 a I I aa' vA0 40E21 SF I 4.036 SF 1 -w 7.968 SF I c (T'R) I I I o. 31 4,550 Sr 99• f-----1 '0.990 S / 6g0 I fe I' 4,701 I I Iw 24 t 1 w 1 t I S.• J SF 1 J.9a1 SF n 4.060 SF 1 ;. 23 I s 7_ _ _ J _ _ J _ J BIOCKJ2 °' 4,ai♦ Y b I +.737 SF J? % 3.176 SF I i _ i o 26 t 44' _ _ J _ — J 3.33 SF •0• I 99' J+. _ _ J • Mc057'iL LA TERAL — — J 2,97, SF I R S // \J, a 46. 99 J 6�b432 6 121' •TO 1 I x3 a9 / `42\6 BE OEEEOEO TH[ '4 �4: ?6 h^ EORICHT ST OF WAY OF TOi% E 5.702 SF I / , �4 I 1367' L------ 8)� p� 642 106 p e N S G� C Rr*')1'7-7"C ZR dN SQ', IN o 0 V o a Vol IN <= �� _ . . s �.: >+¥. � . . 2�y: � � . � :«� :«` . � \� ^ .. . � ya« y� � \� � a. � . . ° d � � �«� ®� © � y«. :,w _� � .:m:. K �s«� : . : .. g, �y: w 3, � ° / �.. .«y; . . �� .� ��.® : : t �� /�� y � � � � ° � . � \ . � : < » � !»: <T � � »� » � <�< © ., yu . , .. z. . : �. . j � y < %, � � �°� � . . t ® �� : � \ \ . w. w. .�� « . : K � \\«� . . /� \ � -� d: . :.k � �« \�: /� ..� ;. X ~ � 1 C ./C A, 146- RECEIViD MAR 2 1 2000 C[[Y OF MIERO1lI Summary of Concerns March.7" 2000 ,�i 1. The Plat - The plat does not comply with the requirements for R-4 zoning. Recommend the developer be directed to prepare a new plat in compliance with the currently approved zoning. 2. Transitional Lots - The plat does not provide for transitional lots as required by Policy 6.8U of the Meridian Comprehensive Plan. Recommend the developer be directed to prepare the new plat with transitional lots of at least 12,500 sq. ft. to the South along the McDonald Lateral. 3. Fencing - The fencing along the McDonald Lateral should be the same as the fencing provided by Thousand Springs Village to the West. The fence line should be built up as necessary to the same level as the roadway which parallels McDonald Lateral. Recommend the developer be directed to design and install the fence accordingly. 4. Preserving Our View - The homes constructed to the South along the McDonald Lateral should be single level thus preserving our view. Recommend the developer be directed accordingly. Burning and Raising Livestock - We want our ability to burn and raise livestock preserved. Recommend the developer be directed accordingly. 6. Construction Controls - We want construction controlled so noise will not be a problem during early and late hours and dust controlled by watering all areas where soil has been disturbed. Recommend the developer be directed accordingly. 7. Piping McDonald Lateral - We want the developer to work with the Boise Project Board of Controls so piping of McDonald Lateral and the installation of the separate delivery system for the property owners can be done simultaneously. Recommend the developer be directed accordingly. 8. Surveying and Staking Property Line - We want the developer to survey and stake the property line after McDonald Lateral is piped so that the City Boundaries are clearly established and marked. Recommend the developer be directed accordingly. ffte-ftf-fox%VJ ONVOI 'A1Nno;" / m off[i[f-Pox 7s10Hd 3Y'9 "36'tl NE'a 7rrf0-eo[ro ONVoI Wt '3fla OV N0113S i0 VI 36 VI 38 NI 031V001 -• — t Uns NaYln9 3nN34V GOOMN0330 HIM 09Z 'ool 'Stl33Nl'JN3 8 f1 f NOISIAiasnS N3AVH000M �'..w n d 1V1d AlIVNIM13Hd Hyl ga-7S ry3gBss ' dill s 8B Al 1 I � i I I iI F 5=5� 3=� �;fiGB 6$$ � Y• ¢� $s a ib BCS 6Y--'f�� x aryl � $r 3 aI eA �y�(�� DY Y31DV3 @] Oi -4 TTII � N ,a y 7 gg 4B _ J -1 Z: 5=3 Ea�d 3ES 54Y5 9Bi� do gi =B ONINUS 30 SIM '""2s3 .00'fZS 3 _91.0( mt y I iO .Ml I � .3AIH0NV9 OOOH s s _ cot x I ij a� 3-19,x. �, " M v � Y,Y w r o X I �S s z_ - ��. i3�a Ld Z E,L C= c N 0 Vol LLI G l L LLl �U .a/cuun 12:14 208-387 u^p b393 aCHD PLANNING �, Page: 3 _ ^ PAGE 92 ADA COUNTY HIGHWAY DI Planning Development and Dev STRICT . pment Division APR � Development Application Report2 To MODIFIED Prrlintinary Plat — Woodhaven MPP99 -016 /MAZ99-0021 CITY OF MERIDIAt Eagle Rd wo CITr Rd cl FRK ncc-jr: Woodhaven is a 30 -lot residential subdivision on 8.25 -acres. The site is located on th,e west Eagle Road, approximately 400 -feet north of Victo _idc of 300 additional vehicle trips per day based on the InstituteRoad, TC,an porteatioa ;=ntIs giMecl�xncd to generate Manual. Trip C3cnera1ion On December 15, 1999, the Conunisston acted on Subdivision. a 45-loan application for this site a 1VoodhaYen t planned residential subdivision. Z�at application gerieratzd 45i) - trips and included natroi% "9 -foot street widths within rhe site. The current arplic ati��n has reducdaily ed number of building lots, which reduced ttte vehicle trips, �tnd increased the street section as re 29 to t 36 -foot street section. The following report has been modified to eased i e chance ed a 9pplicant' changes proposed by the Roads impacted by this dv"elopmelit' Eagle Road Victory Road ACRD COMMi3sion Date — Apri! 19 . 12-U) p.r:t. Woodhavr2 c,, Page t APR 24 '00 08 4e 208 433 4511 PAGE.02 ' t Woodhavr2 c,, Page t APR 24 '00 08 4e 208 433 4511 PAGE.02 ACRD FLANNINu Facts and Findings: A. General Information Owner – Robert Bell Applicant – Nancy Taylor, IUB R'8 - Existing zoning 8.25 - Acres 30 - Proposed building lots 1,600 - Total lineal feet of proposed public streets 286 Traffic Analysis Zone (TAZ) West Ada - Impact Fee Service Area k'estern Citjec-. Impact Fee Assessment District Luka"d :Minor arterial with bike Jane designation Traffic count of 8,012 on 6-23-99 500 -feet of fmntage 55 -feet exzsting right-of-w&y (25 -feet west from centerline) 96 -feet required right-of=was• (48 -feet from centerline) Eagle Road is improved with two traffic lanes with no curb, gutter or sideNvalk, Victo— r–�v, R:4 Local section line road No current traffic count available 0 -feet of frontage Victory Road is improved with two traffic lanes, with no curb, getter or sidewalk rage: a - FA3E a3 B. On April 3, 2000, the District Planning and Developmetzt staff it►spec.:ed this s -e and evaluated the traMPTechnical Review system in the victnity. On April 7.2000, the staff met as the District's Technical Revitw Committee and reviewed die impacts of this proposed development on the Distrnet's transpormtion system. The result; of that analysis c6ns1itute the follovnn,, Fact,, and Findings and recommended Site Specific RequireMents. C. In accordance witIn District policy the ap detached sidewalk on Eagle Road abuttiplicant should be reded to construct a 5 `oot wide ng ulr the entire site Tl`c sidewalk should be located two; feet within the new right-of-way of Eagle Road.. Coordinate the location and elevation c f the sidewalk with District staff. WOOMa n2.cMnu Page 2 APR 24 '00 08 4e 208 433 4511 PAGE.03 �•«tea 1"l: la 208-387-6393 - AC.HD Pl4NNING,^ Psve: ~ P43E 04 D The applicant is proposing to tcrminwe the N40011 Dipper Court and Hood Ranch place th standard 45 -foot radii cul-de-sacs. Th;s desi gn Of the cul-de-sacs with Districr staff. meets District standards Coordir' nate the design £• The applicant is proposing to locate the approximately 100 -feet south of the ortlh�pr propoon ertyline, cT trThe ince se c%a nuW �rselctio, driveway on the east side of the roadway. Tves 1 a tgn with, a str.ared There are several drip eways on the cast side of the ad that �rillt e witlglz fUn;iy dtvel'Zngs. proposed intersection, District policy requires the roadways to offset oc align 150 feet from a; I feet of the eeexistiDi driveways on the east side of the roadway. The proposed intersection location does not meet District policy. Staff recommends a variance of the required 150 -foot offset requirement becausc the site has insufficient frmtage to number and frequency offset from all the driveways on the east side of Eagle Road due to the cy of the existing driveways. F. The applicant is proposing to extend Hood Ranch Avenue into the site as a standard 364c?ot reduced street section within 50 -feet of right-of-way. Hood Rauch A-rnue has been constructeJ to a 36 -foot street section with curbs, gutters, and Village Subdivision. Staff supports the extension oftthe roadway two diached side%kalks in e sitehe hThend licrilut s will be required to transition the setback sidewalks in this site. Coordinate the tp District staff, ransition of with G• Unless otherwise approved, the applicant should be required to construct all public roads w11h.11 t the subdivision as 36 -foot street sections with curbs, gutters, and 5 -foot wide c(,ricrete sidewalks within 50 -feet of right-of-way, H. The existing transportation system will be adequate to accommodate the additional traftc generated by this proposed development with the regiureme:its out)c;,ed N ithin th:a report. The following Site Speck Requirements and Standard Requirements for prior to ACHD approval of the Dual plat: must he met or prodded Site Specific Requirements: Dedicate 48 -feet of right-of-way from the centerline of Eagle Road abutting the parcel by means of recordation of a firm) subdivision plat or execution of a warranty deed prior to issuance of a building perniit (or other required permits), whichever occurs first Allou up to 30 business days to process the right-of-way dedication after receipt of a;l regLiested material. T -he owner wlll be compensated for all right -of -Way dedicated as an addiijon to existing ngl,t of -way from available impact fee revenues in this benefit zone, if rhe ,;weer submits a letter of aPPlieat)on to the impact fee administrator prior- to breaking ground. in 6ccordance ,,villi Section 15 of ACRD Ordinance # 193. Construct a 5 -foot wide detached sidewalk on .Eagle Road abutt:-ig t'tt: ent!re �n:e. The Sidewalk shall be located two feet within the new• right -of way of Eagle Road. coordinate rre location and elevation, of Elie sidetivalk with District staff, Woodha. 112 Cyr= Poge APR 24 '00 08 49 208 433 4511 PAGE.04 — 'A .Q4 6VVJ WOOD DAN Page: 04/21/2000 12:14 206-387--393 ACHD PLA NIR, t✓aGF 05 3. Locate the Moon Dipper Strect;'Eagle Road intersection approximately 100 -feet south of the r-orth property line, as proposed. 4. Construct all public roads within the subdivision as a 36 -foot street sections with curbs, gutters, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. Coordinate the transition of the setback sidewalks to the north of the site with District staff. 5. Terminate the Moon Dipper Court and Hood Ranch Place with srandsrd 45 -foot radii cu! -de, sacs. Coordinate the design of the cul-de-sacs with Disiric: staff 6. Cather than the access point specifically approved with this application, direct lot or parcel access to Eagle Road is prohibited. Lot access restrictions, as requirad -,it,h `his applicatio:i, shall be stated on the final plat Standard Requirements: A request for modification, variance or waiver of any requirement or policy out;?ned herein Shall be made in visiting to the ACHD Planning and Development Supervisor !Ile t $hall SDCC hCa1lY identify arh rem- Py eq[ to bet�jnS dtred a71d inC�u a ��rltt- ex a�a��nn of why such a requ_rement would result in a subs tan i 1 hardjhjn or �!2N "its• The ji t= request ahall be submitted to the District, no later than 9 Q.Q a m on tl1C day sc . f,C dam, Lol ACHD Comm' 'those items shall be rescheduled fo- discussion with the Commission on the next available meeting agenda. Requests submitted to the District a,fier 9.00 a.m, on the day schtduled for Corninission action do not provide sufficient time for District staff to remove the itemfrom the car crt agenda aria report to the Commission regarding the requested modification, variance or watver Those items wi] be acted on by the Commission unless removed from the a2c:;da by the C'oi irxitss-,c1p. After ACID Commission action, any request for reconsideration of the Commission's action shall be made in writing to the PlannLng and Development Supervis+n within six days of the action and shall include a minimurri fee of $110.00. The reques f6r'ecor!ei�e�eratl_,s QS ifica& i enufv each reeujietnent lg_be recon idcred and Incl devv ' J!M dc.,curnentatian,� data that was not a.vailahlco the Cornmissinn at the iime of its origingl decision.. Th; regwrst for reconsideration will be heard 5v the District Commission at the tiext recular me-etitig of ;lie Commission. If the Coinrriission 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 coustruction in accordance with Ordinance 4188, also known as Ada County Highwav Dimic: Road Impact Pee Ordinance, All design and construction shall be in accordance with the Ada County Hivktway District. Policy'"Iarival. ISPWC Standards and approved supplements, Ccinstruc tine. Service; procedures and all applicable ACHD Ordinances unless specil4cally waived herein An -engineer registered in the State of Idaho shall prepare and certify, All imprn /emeni plans, u'nodha,.. n'. cmm Page s APR 24 '00 08:49 208 433 4511 PAGE.05 eVQV VAN rage av,aa.oc cvvd ,^ F4�E A604/21/2000 12::4 1103-387-E393 ACHD PLANNINu S 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 approvsl for occupancy It is the responsibitity of the applicant to versify all existing ut;Mies wirhin the right-of-way. Existing utilities damaged by the applicant shall be repaired by the appkant at no cost to ACRD. The applicant shall be required to call DIGLTNIE (1 -800 -;4? -1585) at least two full business days prior to breaking ground within ACRD right -of way The applicant sl►all contact ACRD Traffic Operations 387.6190 in the event any ACRD condiuts (spare or f,lle;') 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 sha'.l be upon the applicant to obtain written confirmation of any change from the sada County Hizi;Nvay District. 9 Anv chaxige by the applicant in the planned use of the properly which is tite subject of this application. sllall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the appbcant er its successors in interest advises :tie 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 dale the change in use is sought. Conclusion of Law: AC.HD requirements are intended to assure that the proposed use'devcicprnent %iia not place an undue burden on the existi,-ig vehicular and pedestrian transportation vstem within the vicinity impacted by the proposed development. Should you have any questions of comments, please contact the Plarining and Dcvelopmert Division a: 387-6170, Sabmitted�. - .� . r► • .,. . LKNOITUVIMM. VIEW M, u'oodhavn2, cirim page 5 APR 24 '00 08:50 208 433 4511 PAGE.06 i PROPOSED I THOUSAND SPRINGS SUBDINSION N0. .0011.31' E 100.61 _ 76 81 11J / 61 A,.• e 0 � / B' BON /141 e W � - N Y0.\L9L e' too f ,ac J\ e S �. x,�E 76 go Ii I pitQ a AA7 s '6� Im Jee.'- I SHIDODRAN CH VE. N�•�_..._N e ae Age e.e y � i G, ATI � I � Y®� Qss a e♦ � 1 Ip\ ,00 -- - ra 4Z --�I o N LANDSCAPE BUFFER LANDSCAPE BUi7E16'' / r n i Im ----- - - - - — - n - g Op•Op•,B• E 523.70' — - - — - - �, o s aODD'te' I. T2• 5 EAG RW -�>— BASS OF BEARING .- `1 �z z A n(-) lot M - 0 �m N H Oa� ' 1 o o i m tJ Bys L r 1 0.1141_' ggJsaa t g9' 2gg N I n 6' r- I • _— a�- 6 e I,eE DE DnwINoS PRELIMINARY PLAT WOODHAVEN SUBDIVISION J -U -B ENGINEERS, Inc. C� 230 SOUTH BED AVENUE SUITETE 201 301 -- 6Raw-- 1/4 BE i/4 OF 8C71ON 20 BOISE, IDAHO 57]09-0911 1 LOCATED IN SE PHONE: 208-376-7330 \ .- - T.3N., RAE., B.M. EA9: 208-323-6336 -- ADA COUNTY, IDAHO Certified Mailing Returns Project Name File No(s) Woodhaven PP 00-016 Date of Hearing Name Address Reason for Return 00 Mar 07 Robert Bell 994 N. Caucus Way Unclaimed i' NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on March 7, 2000, for the purpose of reviewing and considering the application of Dan Wood / D.W., Inc., for a preliminary plat for the for 45 building lots on 8.25 acres for proposed Woodhaven Subdivision west of Eagle Road between Overland Road and east of Victory 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 11th day of February PUBLISH February 18 and March 3, 2000 WILLIAM G. BERG, J$., 61TY CLERK E~1 of: mfg z,- +�� d r ORA A L _ 9 Nei /r�'r;tiio ii:ll5111t LL N. JL s N SITEQ B C 2 � 1 9 8 7 6 5 4 3 2 1 0 7 6 5"11 3 2 1 N E. GOLDBUG STREET 10 7 6 5 1 34 11 BLOCK 3 4 3 y L K LOCK 2 33 12 E. GOLOBUG 32 13 CIRCLE 3 31 19 20 21 22 �4 �51s 17 tE B CK 22 24 25 26 i 30 28 Mopono/d E. VICTOR ROAD 29 28 VICINITY MAP WOODHAVEN SUBDIVISION SCALE: 1"=300' 11606300.DWG 10/29/99 LL N. JL s N SITEQ B C 2 � 1 9 8 7 6 5 4 3 2 1 0 7 6 5"11 3 2 1 N E. GOLDBUG STREET 10 7 6 5 1 34 11 BLOCK 3 4 3 y L K LOCK 2 33 12 E. GOLOBUG 32 13 CIRCLE 3 31 19 20 21 22 �4 �51s 17 tE B CK 22 24 25 26 i 30 28 Mopono/d E. VICTOR ROAD 29 28 VICINITY MAP WOODHAVEN SUBDIVISION SCALE: 1"=300' 11606300.DWG 10/29/99 02/10/00 11:12 $208 323 9336 J -Li -B ENG. BOISE 0001/001 f. Uf FAX: 208/323-9336 FM: TO: BRAD HAWKINS-CLARK FROM: COMPANY: CITY OF MERIDIAN DATE: FAX: 888-4218 PAGES: PHONE: SUBJECT: WOODHAVEN ❑ URGENT ❑ FOR REVIEW MESSAGE: J-U•B ENGINEERS, Inc. ENGINEERS - SURVEYORS - PLANNERS 250 S. Beechwood Avenue, Suite 201 Boise, ID 83709-0944 208/376-7330 NANCY TAYLOR 2-10-00 1 (including this cover sheet) J -U -B PROJECT NO.: ® PLEASE COMMENT/REPLY HI BRAD. COULD WE DISCUSS HOW TO HANDLE THE COMMON DRIVEWAY FOR THE 2 SINGLE FAMILY UNITS ON THAT DUPLEX LOT IN WOODHAVEN. THANKS. NANCY, 376-7330 If you do not receive all of the pages, please call 208/376-7330, or notify by FAX: 208/323-9336. FEB 10 '00 11:25 208 323 9336 PAGE.01 To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 26, 1999 TRANSMITTAL DATE: November 10, 1999 HEARING DATE: December 14, 1999 FILE NUMBER: PP 99-016 REQUEST: PRELIMINARY PLAT FOR 8.25 ACRES FROM RT TO R8 ZONING FOR PROPOSED WOODHAVEN SUBDIVISION BY: DAN WOOD, D.W., INC. LOCATION OF PROPERTY OR PROJECT: WEST OF EAGLE ROAD BETWEEN OVERLAND AND WEST VICTORY ROAD TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT _SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT City Council Members CITY OF MERIDIAN (208) 288-2499 - Fax 288-2501 PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 - Fax 887-1297 RON ANDERSON (208) 888-4433 - Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD City Clerk Fax (208) 888-4218 DEPARTMENT (208) 884-5533 - Faz 887-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 26, 1999 TRANSMITTAL DATE: November 10, 1999 HEARING DATE: December 14, 1999 FILE NUMBER: PP 99-016 REQUEST: PRELIMINARY PLAT FOR 8.25 ACRES FROM RT TO R8 ZONING FOR PROPOSED WOODHAVEN SUBDIVISION BY: DAN WOOD, D.W., INC. LOCATION OF PROPERTY OR PROJECT: WEST OF EAGLE ROAD BETWEEN OVERLAND AND WEST VICTORY ROAD TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT _SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: 90'3Jdd bbLab888az HUB OF TREASURE VALLEY 9S : 9 Z 66, ZZ nON Mayor A Good Placc to Live 1,rGAL DEPARTMENT ROBU f U. CORRIE t20S) 2SS-2199 • Fax 288-2501 CITY OF MERIDIAN City Council Mcmbcrs PUBLIC WORKS ROUN"TREE 33 CAST IDAHO 6UtL1-22 DEPARTMENT DlN(CHARLES ((208) S587 -'2l l •Fax 337-1397 GLENN BENTLEY MERIDIAN, IDAHO 33642 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING City Clerk Fax (208) 888-4215 DEPARTMENT KEITH BIRD (205) 581-5533 • Faz 887-1397 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 26, 1999 _ TRANSMITTAL DATE: November 10, 1999 HEARING DATE: December 14, 1999 FILE NUMBER: PP 99-016 REQUEST: PRELIMINARY PLAT FOR 8.25 ACRES FROM RT TO R8 ZONING FOR PROPOSED WOODHAVEN SUBDIVISION BY: DAN WOOD D.W. INC. LOCATION OF PROPERTY OR PROJECT: WEST OF EAGLE ROAD BETWEEN OVERLAND AND WEST VICTORY ROAD TAMMY DE WEERD, PIZ KENT BROWN, PIZ THOMAS BARBEIRO, PIZ RICHARD HATCHER, PIZ KEITH BORUP, PIZ ROBERT CORRIE, MAYOR RON ANDERSON, CIC CHARLIE ROUNTREE, CIC KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO_(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) �CETVF,D YOUR CONCISE REMARKS: ig4� Van 90190d bbJ_0b888AZ=Q I M3IHM319HM NH Ia T H7W 9S : 9 T 66 -2Z -1T TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 26 1999 TRANSMITTAL DATE: November 10, 1999 HEARING DATE: December 14, 1999 FILE NUMBER: PP 99-016 REQUEST: PRELIMINARY PLAT FOR 8.25 ACRES FROM RT TO R8 ZONING FOR PROPOSED WOODHAVEN SUBDIVISION BY: DAN WOOD D.W. INC. LOCATION OF PROPERTY OR PROJECT: WEST OF EAGLE ROAD BETWEEN OVERLAND AND WEST VICTORY ROAD TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT _SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS:`+ DT� C" -E j- n v a 1999 C111 OF YERIDIAN NUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (208) 288.1-499 . Fax 288-2501 CITY OF MERIDIAN PUBLIC WORKS Citv Council Members BUILDING DEPARTMENT CHARLES ROUNTREE 33 EAST IDAHO (208)887-'_211• Fax 887-L297 GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING RON ANDERSON City Clerk Fax (208) 888-4218 DEPARTMENT KEITH BIRD (208) 884-5533 • Faz 887-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 26 1999 TRANSMITTAL DATE: November 10, 1999 HEARING DATE: December 14, 1999 FILE NUMBER: PP 99-016 REQUEST: PRELIMINARY PLAT FOR 8.25 ACRES FROM RT TO R8 ZONING FOR PROPOSED WOODHAVEN SUBDIVISION BY: DAN WOOD D.W. INC. LOCATION OF PROPERTY OR PROJECT: WEST OF EAGLE ROAD BETWEEN OVERLAND AND WEST VICTORY ROAD TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT _SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS:`+ DT� C" -E j- n v a 1999 C111 OF YERIDIAN I:ryor H t, B U/- l 'REASURE VALLEY ._ D. CORRIE A Good Place to Live LEGAL DEPARTMENT cil Members �:ITY OF MERIDIAN (2°S)288 2199 . Fax 288 2501 OBE CROUNTREE PUBLIC WORKS 33 EAST IDAHO BUILDING DEPARTMENT BENTLEY INIERIDIAN, IDAHO 83642(20S) 887-2211 •Fax 887-1297 DERSON (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING H BIRD City Clerk Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Faz 887-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 26 1999 TRANSMITTAL DATE: November 10, 1999 HEARING DATE: December 14, 1999 FILE NUMBER: PP 99-016 REQUEST: PRELIMINARY PLAT FOR 8.25 ACRES FROM RT TO R8 ZONING FOR PROPOSED WOODHAVEN SUBDIVISION BY: DAN WOOD D.W. INC. LOCATION OF PROPERTY OR PROJECT: WEST OF EAGLE ROAD BETWEEN OVERLAND AND WEST VICTORY ROAD TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C ,7 - WATER DEPARTMENT SEWER DEPARTMENT _SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER NOV 15 1999 CITE' OF ME RIDLAN MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: MeridianitY Water SuperinterAcAt HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 City Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHOBUILDING DEPARTMENT GLENN BENTLEY NIERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 8874297 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING City Clerk Fax (208) 888-4218 DEPARTMENT KEITH BIRD (208) 884-5533 • Faz 887-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 26, 1999 TRANSMITTAL DATE: November 10, 1999 HEARING DATE: December 14, 1999 FILE NUMBER: PP 99-016 REQUEST: PRELIMINARY PLAT FOR 8.25 ACRES FROM RT TO R8 ZONING FOR PROPOSED WOODHAVEN SUBDIVISION BY: DAN WOOD D.W. INC. LOCATION OF PROPERTY OR PROJECT: WEST OF EAGLE ROAD BETWEEN OVERLAND AND WEST VICTORY ROAD TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT _SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL)