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Home My WebLink AboutMemoRECEIVED JAN 2 4 2005 City of Meridian City Clerk Office 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 19 January, 2005 William G. Berg Jr., City Clerk City of Meridian 33 East Idaho Ave. Meridian, ID 83642 RE: RP 04-002/SW Corner of W Overland Rd. & S. Stoddard Rd. Dear Will: Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Nampa & Meridian Irrigation District has no comment on the above referenced application for Reduction in Platting Requirements to divide one 12.25 acre un-platted parcel into two parcels in a C-G zone. Sincerely, B�O ill Henson Asst. Water Superintendent Nampa & Meridian Irrigation District BH/dbg C: File - Office/Shop APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 Memo RECEIVED To: Mayor and City Council JAN 2 5 2005 City of Meridian CC: Anna Canning City Clerk office Bill Nary From: Craig Hood, Associate City PlannerC Date: January 25, 2005 Re: Request for a Reduction in Platting Requirements to Divide a 12.25 Acre Unplatted Parcel into Two Parcels, by Lyons Development, LLC (File No. RP-04-002). From the time when the staff report was composed and today, staff has received additional documentation from the applicant which has caused staff to revise the original recommendation for denial. The applicant has provided staff with a copy of an earnest money agreement that ensures that the required landscaping, sidewalk construction, fountain amenity, pressurized irrigation system, and maintenance of the landscape areas will be done on the entire 12.25 acre parcel (see attached). The applicant has also provided staff with a copy of an access and utility easement between the two proposed parcels (see attached). Staff is still concerned that if the subject RP application is approved and two parcels are created, then the improvements as required with CUP-04-017 and the development/non-development agreement will not be fully complied with. However, staff now believes that these concerns can be taken care of through conditioning the subject RP application. Therefore, staff recommends that the Council approve the applicant's request for a reduction in platting requirement so the parcel can be divided into two parcels with the following conditions CONDITIONS OF APPROVAL l . Prior to occupancy of any structure on Parcel A or B, all improvements required by CUP- 04-017, including but not limited to: landscaping adjacent to Overland Road and Stoddard Road, right-of-way dedication and sidewalk construction along Overland Road and Stoddard Road, fire hydrant and water main installation (as required by the Public Works Department and/or the Meridian Fire Department), tiling irrigation ditches/laterals, pressurized irrigation installation, and all other applicable public improvements required by MCC 12-5-2 shall be completed. 2. Prior to signature of the Record of Survey by the City Engineer, a recorded vehicular cross -access agreement between the two proposed parcels shall be submitted to the Planning & Zoning Department. 3. Prior to issuance of a Certificate of Zoning Compliance, the applicant shall submit a recorded copy of the Record of Survey signed by the City Engineer. 4. Prior to occupancy of any structure on Parcel A or B, the applicant shall either post a surety with the City or construct the fountain/amenity approved with CUP-04-017. 5. Per the recorded development agreement for this site, Parcel A is not eligible for development until City sewer is available to the subject property. 6. All future uses within Parcel A shall be required to obtain detailed conditional use permit approval. 7. Unless otherwise approved by CUP-04-017, all future development on both Parcel A and B must comply with MCC 11-9-I regarding building setbacks, lot coverage, and height restrictions. S. Applicant shall comply with all improvements as required by Ada County Highway District. Jan 21 05 12:20p KIRK 200 433 9282 P.2 ltF—" ADDENDUM/AMENDMENT I a.Y 7Me EDIU M PAr 1 OFt RE-11 ADDENDUM/AMENDMENT # One 1 TID THiS IS A LEGALLY BINDING CONTRACT. READ TFiE ENT{RE DOCUMENT INCLUDING ANY ATTACHMENTSe1F YOU 1z HAVE ANY QUESTIONS, CONSULT YOUR ATTORNEY AND/OR ACCOUNTANT BEFORE S— M-". 1 This Is an O ADDENDUM or an ❑ AMENDMENT to the Real Estate Purchase and Sale Agreement and Receipt for Earnest Money. 2 ("Addendum" means that the information below is added material for the agreement {such as lists or description)), 3 ("Amendment" means the form is being used to change, correct or revise the agreement (such as modification, addition or deletion of a term}}. 4 S Earnest Money Dated: 10/7 6 ADDRESS: Southwest Corner of Overland Rd. and Stoddard Rd ID # _ 21026 7 BUYER(S): Dallas Ventures LLC a SELLER(S): s The undersigned parties hereby agree as follows: 10 11 12 13 14 15 18 19 20 21 22 23 24 5 27 32 34 35 36 37 38 39 46 41 42 43 Buyer's to have a 30 day Due Dale and Kathy Frizel Period from acceptance. This sale is ..vrlatngent upon t3uyer's satisfactory findings during the due diligence period. Buyer to notify Seller in writing with 30 days from acceptance of buyer satisfaction or dissatisfaction with Buyer's findings. if buyer elects not to proceed with the sale, then buyer's earnest money to be returned to the buyer, immediately and in full. If buyer removes Due Dilicience contin enc , then the Earnest Money to be released to the Seller. 2. Seller to provide landscaping, sidewalk, and fountain requirement adjactent to the 225 acre retail site which is not a partof this sale. Seller to provide these improvement at such time it is required by the City of Meridian, including if required prior to building the mini -storage buildings. Seller to provide these improvement timely to the deveopment of the mini -storage. If Seller does not provide these improvements timely, when they are required, then Buyer may provide these Improvements, at Buyers expense, and be reimbursed -- for these cost by the Seller. If the Seller does not reimburse the Buyer in a timely manor, then the _ Buyer has the option to lein the 2.25 acre site for the cost of the improvements.- 3. Sale includes City of Meridian approvals for a mini storage site, and all related documentation, including but not limited to survey, soils report, engineering, enviromental level one {if completed} eievational drawin building layout, plus all electronic copies, etc. gs and - — 4. Seller to Pay for 113 of the cost of the pressurized irrigation pumping system and a pro-rata share of the cost of Irrigating and landscape maintenance. Pro-rata based on road frontage landscaping ajacent to property lines. 5. Seller agrees to cooperate with the buyer on an ermits or approvals requires prior to closing includin signing applications when needed. — 6 Seller to Pay 50% of the cost of bringing sewer to the site, when required b the conditional use permit. 7. If the Seller decides to sell the retail 2.25 acres, Buyer's to have first right of refusal on the purchase a market price, determined by an appraiser mutually agreed upon by Buyer and Seller. To the extent the terms of this ADDENDUM or AMENDMENT modify or conflict with any provisions of the Real Estate Purchase and Sale Agreement including all prior Addendums or Amendments, 'these terms shall control. All other terms of the Real Estate Purchase and Sale Agreement including all prior Addendums, Amendments, or Counter Offers not modified by this ADDENDUM or AMENDMENT shall remain the same. The herein agreement, upon its execution by both parties, is made an integral Date O D Time te: /S— AM/6) � ,/�� Suy Date �fi�: /,Time „ "M Seller the aforementioned Agreement. This iorra is printed and disS bvled u-a Idaho Assodatiun of REALTORS& Inc. TI>;s form has been ' c _ nxWhbere of the National Assodation of REAL d Io` "Pad onh forme rest estate plotesGonW wt, are USE 9Y ANY OTHER PERSON tS PROHIB[TED. RE-17 ADOENOUM/AMENOMENT,�ULY. 2004 EDr7 OICrNg PAGE 1 OF 1 ht Idaho a6on of REALTORSO+, Inc., All rights reserved. Printed Using Prolessiwizl CwD,Pa1w Fa—Ce. 0n U_ Furors Software " s- . i • �4 Project No. 04-333 DESCRIPTION FOR ACCESS AND UTILITY EASEMENT STOW -IT STORAGE LYON'S DEVELOPMENT LLC 1450 EaSC Watertower St - Suite 150 Meridian. Idaho 83642 Phone (208) 846-8570 Fax (208) 884-5399 January 12, 2005 TAn access and utility easement located in the NE1/4 of the NW1/4 of Section 24, _3N., R.1W., B.M., Ada County, Idaho more particularly described as follows: Commencing at the N1/4 comer of said Section 24 from which the W1/16 comer of said Section 24 bears North 89-06'56" West, 1327.81 feet; thence along the North boundary line of said Section 24 North 89006'56" West, 677.82 feet; thence leaving said North boundary line South 00°41'54" West, 25.00 feet to a point on the southerly right-of-way line of Overland Road; thence along said southerly right-of-way line South 89'006'56' East, 217.85 feet the REAL POINT OF BEGINNING of said easement; thence continuing along said southerly right-of-way line South 89°06'56n East, 45.00 feet; feet; thence leaving said southerly right-of-way line South 00°53'04" West, 103.01 thence North 89005'56" West, 45.00 feet; thence North 00053'04" East, 103.01 feet to the REAL POINT OF BEGINNING containing 4,636 square feet, more or less. Prepared by: Idaho Aunoo-m 0 Gregory G. Carter, P.L.S. SAISG ProjectslStow-It Frazell ROS (04-233)00cuments�access ease desc.doc a'd GGES-tre8 (800) dno-i0 Fanjn o e S 4 PI e2f,=60 50 SZ uer f_ OVERLAND ROAD__-1_------- s ---- �+maaz S7onH I .K•'•.•. m02y 11 H •. YK:. Ayvm ;! in o yCti `��•• •••�` �1I ��y Nam ' '� � \'•:::.;:;. -1•':::':'• : \ 1 m co N �N81 MW _ y � � ,-off � � � � . m_ �♦.`I \`� F ----- -- — -- -- I (►Ilillt€ rr, sioWwiT z y N 0 Z m SELFSTORAGE @MERIDIAN. ID 8 g s