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HomeMy WebLinkAboutFarrington, Opal AZ (1)ADA COUNTY RECORDER J. DAVID NAVARRO 11)1) 2001 HR 21 PH 1: 29 CITY OF MERIDIAN RECORDED -RE U ST'OJ MeNULAN CA 4j, 101025147 ORDINANCE NO. al'?f 3 AN ORDINANCE FINDING THAT CERTAIN LAND OWNED BY THE OPAL C. FARRINGTON TRUST WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED LOW DENSITY RESIDENTIAL DISTRICT (R-4); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURERAND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to wit: A parcel of land being Lot 5 of Eastside Addition to Meridian as filed for record in the office of the Ada County Recorder in Book 4 of Plats, at page 158, and ANNEXATION AND ZONING ORDINANCE (AZ -00-012) Four),in n 0 a portion of Pine Avenue, and a portion of Adkins Street, all situated in the Southeast 1/4 of the Northeast 1/4 of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monumenting the southeast corner of said Northeast 1/4 of Section 7, from which the southwest corner of said Northeast 1/4 bears South 89°07'04" West 2647.61 feet; thence along the southerly boundary of said Northeast 1/4 of Section 7, said southerly boundary also being the centerline of Pine Avenue, South 89°07'04" West 674.38 feet to the intersection of Pine Avenue and Adkins Street, being the POINT OF BEGINNING; thence continuing 'along said southerly boundary and centerline, South 89°07'04" West 334.68 feet; thence leaving said southerly boundary and centerline, North 00°02'59" East 25.00 feet to an iron pin on the northerly right-of-way of said Pine Avenue monumenting the southwesterly corner of said Lot 5; thence along the westerly boundary of said Lot 5, North 00°02'59" East 654.13 feet to the northwest corner of said Lot 5; thence leaving said westerly boundary and along the northerly boundary of said Lot 5 North 89021'51" East 314.47 feet to an iron pin monumenting the northeast corner of said Lot 5,- thence ; thence continuing North 89021'51" East 20.00 feet to the centerline of said Adkins Street; thence along said centerline South 00°02'01" West 677.69 feet to the POINT OF BEGINNING, comprising 5.210 acres, more or less. SUBJECT TO: All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. ANNEXATION AND ZONING ORDINANCE (AZ -00-012) - 2 SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Low Density Residential District SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of the Findings of Fact and Conclusions of Law and Decision and Order Granting Application For Annexation and Zoning, Case No. AZ -00-012, and that the uses are to be developed under the Mixed Planned Use Development process. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Cleric of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of ANNEXATION AND ZONING ORDINANCE (AZ -00-012) - 3 the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50- 223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2C2�da Y of , 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 20.r day of L_, 2000. &8�4 r MAYOR �e+i��►r:ri!►�� STATE OF IDAHO,) ss. County of Ada. ) On this — day of 64AAL�U , 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged'to me that the City of Meridian executed the same. .0+ic4tlOr?r,°4.. IN WI� I have hereunto set my hand and affixed my official seal the day and year first above wri tey . e r Cn (SEAL) �, ■ OT Y U LI FOR IDAHO °e ���� ��r 0�'h�° •� .v �.__-�`� • RESID Gtit� uo■� ■rr°° MY COMMISSION EXPIRES. msg\Z:\Work\M\Meridian 15360Warrington Opal AZ\AZOrd ANNEXATION AND ZONING ORDINANCE (AZ -00-012) - 4 -wilds ` s 1 T _ } •- CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho 1, WILLIAM G. BERG, JR., City Cleric, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. passed by the City Council of the City of Meridian, on the 2© day of 2000, is a true and correct copy of the original of said document which is in the care, custody and control of the,�g4yr Jerk of the City of Meridian. rAA SEAL y '' STATE OF IDAHO, . ss. County of Ada, G. BERG, JR. On this day of �/}i1Gj�( , in the year 2000, before me, Y(,�or aNotary Public, appeared LI.A.M G. BER J ., knowWIL,identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. e H4' .OT (SEAL) o NotarkficAr Idaho Commission Expires: O -�,6 -06 OF IV** 1100so msg\Z:\WorkVv1\Meridian 15360NUarrington Opal AZ\CertificationOfClerkOrd CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ -00-012 A01%\ COUNTY RECORDER i. of\VID NAVARRO :'.r. )C.r '�, x•41 2001 Mid 21 PH 1: 29 C�L • 05___ _ 9 AM RECORDED - REQIUE3T OF mErllULAV C41 Y vt 4 10102. _147 A IN., t ORDINANCE NO. V5 AN ORDINANCE FINDING THAT CERTAIN LAND OWNED BY THE OPAL C. FARRINGTON TRUST WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED LOW DENSITY RESIDENTIAL DISTRICT (R-4); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURERAND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to -wit: A parcel of land being Lot 5 of Eastside Addition to Meridian as filed for record in the office of the Ada County Recorder in Book 4 of Plats, at page 158, and , ANNEXATION AND ZONING ORDINANCE (AZ -00-012) - 1 a portion of Pine Avenue, and a portion of Adkins Street, all situated in the Southeast 1/4 of the Northeast 1/4 of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monumenting the southeast corner of said Northeast 1/4 of Section 7, from which the southwest corner of said Northeast 1/4 bears South 89°07'04" West 2647.61 feet; thence along the southerly boundary of said Northeast 1/4 of Section 7, said southerly boundary also being the centerline of Pine Avenue, South 89°07'04" West 674.38 feet to the intersection of Pine Avenue and Adkins Street, being the POINT OF BEGINNING; thence continuing 'along said southerly boundary and centerline, South 89°07'04" West 334.68 feet; thence leaving said southerly boundary and centerline, North 00°02'59" East 25.00 feet to an iron pin on the northerly right-of-way of said Pine Avenue monumenting the southwesterly corner of said Lot 5; thence along the westerly boundary of said Lot 5, North 00°02'59" East 654.13 feet to the northwest corner of said Lot 5; thence leaving said westerly boundary and along the northerly boundary of said Lot 5 North 89021151" East 314.47 feet to an iron pin monumenting the northeast corner of said Lot 5; thence continuing North 89°21'51" East 20.00 feet to the centerline of said Adkins Street; thence along said centerline South 00002'01" West 677.69 feet to the POINT OF BEGINNING, comprising 5.210 acres, more or less. SUBJECT TO: All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. ANNEXATION AND ZONING ORDINANCE (AZ -00-012) - 2 SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Low Density Residential District SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of the Findings of Fact and Conclusions of Law and Decision and Order Granting Application For Annexation and Zoning, Case No. AZ -00-012, and that the uses are to be developed under the Mixed Planned Use Development process. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Cleric of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of ANNEXATION AND ZONING ORDINANCE (AZ -00-012) - 3 the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50- 223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2 da y of , 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of _MtiZh,, 2000. MAYOR�rufr,,rl� ATTE T:•� ' � CITY CLERK nONUAIL E STATE OF IDAHO,) ss. County of Ada. ) On this 2V day of ► V VM(/yU , 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, )R., known to me to be the Mayor and City Cleric of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. ,,fl ■a®. oai(q,40rT,, ,-. IN WII;PM'Oo��E I have hereunto set my hand and affixed my official seal the day and year first above writteyf. o a to � : '" , i ■ y a (SEAL) TARY U LI FOR IDAHO RESID ✓GLtGtit.. oo, 4 MY COMMISSION EXPIRES ZkQ& msg\Z:\Wor1<,Vv Meridian 15360NUarrington Opal AZ\AZOrd ANNEXATION AND ZONING ORDINANCE (AZ -00-012) - 4 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Cleric, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. passed by the City Council of the City of Meridian, on the .2p- day of GGZCt�' 2000, is a true and correct copy of the original of said document which is in the care, custody and control of the�,,g4yQerk of the City of Meridian. 0A/4"�' eyp���A�':A 13 ' L VtILLIAM G. BERG, JR. STATE OF IDAHO���1''fir,,�, ss. County of Ada, �1 On this day of VYA( 1Gl', , in the year 2000, before me, # f, (, , a Notary Public, appeared WILLIAM G. BER , J ,known or identified to me to be the City Cleric of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) :' ® NotaP is r Idaho dT' wG'.��o,� Commission Expires:- °°® On 1-D �O® �a4da®°° msg\Z:\Worlc\M\Nteridian 15360NUarrington Opal AZ\CertificationOfCierkOrd CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ -00-012 Meridian City Council M '-Ig March 20, 2001 Page 21 going to do it and give some time limits so that we can get through -- maybe we can get through all of them. We will try. Item 6. Ordinance No. 01-913: AZ 00-012 Request for annexation and zoning by Opal Farrington of 4.70 acres from R-1 to R-4 for proposed addition of a home — northwest corner of East Pine Avenue and Adkins Way: Corrie: I will have the Clerk read that Ordinance by title only at this point. Berg: Thank you Mr. Mayor and Members of Council Ordinance No. 01-913, an Ordinance finding that certain land owned by Opal C. Farrington Trust, which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho. And finding that the owner has made a request for annexation in writing to the Council and said land be annexed to the City of Meridian and zoning designated low density residential district R-4 and declaring that said land by proper legal description as described below be a part of the City of Meridian, County of Ada, State of Idaho repealing all Ordinances, resolutions, orders, or parts thereof in conflict here with, in directing the City Engineer to add said property to official maps of the City of Meridian, Idaho, and directing the Clerk of the City of Meridian to file a certified copy of the Ordinance and map of the areas to be annexed with the Ada County recorder, auditor, treasurer, and assessor and the state tax commission of the state of Idaho pursuing to Idaho Code section 50-223 and section 63-2215. Corrie: Okay, you've heard Ordinance No. 01-913 read in its form; would any one here like to have the Ordinance read in its entirety? Hearing none, Council I will entertain a motion on the Ordinance numbered 01-913. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I would make a motion that approve Ordinance No. 01-913 a request for annexation and zoning for Opal Farrington of 4.70 acres from R-1 to R-4 for a proposed addition of a home on the northwest corner of East Pine Avenue and Atkins Way with suspension of the rules. Bird: Second. Corrie: Okay, Ordinance No. 01-913 has been moved and seconded to approve the Ordinance by suspension of the rules. Any further discussion? Hearing none, a roll call vote Mr. Berg. Roll -call: De Weerd, aye; Anderson, aye; McCandless, absent; Bird, aye. March 16, 2001 MERIDIAN CITY COUNCIL MEETING March 20, 2001 APPLICANT Opal Farrington ITEM NO. 3-H REQUEST D/A - AZ of 4.70 acres from R-1 to R-4 for proposed addition of a home at the NWC of East Pine Avenue and Adkins Way AGENCY COMMENTS CITY CLERK: See attached signed development agreement CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. 1.5 WHEREAS, "Owner/Developer" made representations at the public hearings both before the Meridian Planning &. Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning &. Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the L day of AoAUf, 2000, has' approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, both the "Findings" require the "Owner/Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owner/Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning DEVELOPMENT AGREEMENT (AZ -00-012) - 2 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Meridian City Code Sections 11-7-2 C which are herein specified as follows: (R-4) Low Density Residential District: Only single- family dwellings shall be permitted and no conditional uses shall be permitted except for planned residential development and public schools. The purpose of the R-4 District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal water and sewer systems of the City. For the construction and development to add one additional home on the 4.7 acres. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.A "Developer"/"Owner" shall enter into a Development Agreement, that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de -annexation, with the City of Meridian which provides for the following conditions of development to -wit: DEVELOPMENT AGREEMENT (AZ -00-012) - 4 may be discontinued until such time as this condition is met. 6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer"/" Owner" or "Developer"'sl" Owner's" heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of subject "Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION "Developer"/"Owner" consents upon default to the de -annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to -wit: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer"/"Owner" and if the "Developer"/"Owner" fails to cure such failure within six (6) months of such notice. g, INSPECTION: "Developer"/"Owner" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 9. DEFAULT: 9.1 In the event "Developer"/"Owner", "Developer"'sl" Owner's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully DEVELOPMENT AGREEMENT (AZ -00-012) -6 seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either "Developer "/"Owner" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements, which the "Developer" agrees to provide, if required by the "City". 14. CERTIFICATE OF OCCUPANCY: The "Developer"/"Owner" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer"/"Owner" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That "Developer"/"Owner" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the DEVELOPMENT AGREEMENT (AZ -00-012) - 8 any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or Alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner/Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 21.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has DEVELOPMENT AGREEMENT (AZ -00-012) - 10 EXHIBIT A Legal Description Of Property A parcel of land being Lot 5 of Eastside Addition to Meridian as filed for record in the office of the Ada County Recorder in Book 4 of Plats, at page 15 8, and a portion of Pine Avenue, and a portion of Adkins Street, all situated in the Southeast 1/4 of the Northeast 1/4 of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monumenting the southeast corner of said Northeast 1/4 of Section 7, from which the southwest corner of said Northeast 1/4 bears South 89°07'04" West 2647.61 feet; thence along the southerly boundary of said Northeast 1/4 of Section 7, said southerly boundary also being the centerline of Pine Avenue, South 89°07'04" West 674.38 feet to the intersection of Pine Avenue and Adkins Street, being the POINT OF BEGINNING; thence continuing along said southerly boundary and centerline, South 89°07104" West 334.68 feet; thence leaving said southerly boundary and centerline, North 00°02'59" East 25.00 feet to an iron pin on the northerly right-of-way of said Pine Avenue monumenting the southwesterly corner of said Lot 5; thence along the westerly boundary of said Lot 5, North 00°02'59" East 654.13 feet to the northwest corner of said Lot 5; thence leaving said westerly boundary and along the northerly boundary of said Lot 5 North 89°21'51" East DEVELOPMENT AGREEMENT (AZ -00-012) -14 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval Z•\Work\M\Meridian 15360Warrinztton Opal AZ\DevelopAQr DEVELOPMENT AGREEMENT (AZ -00-012) -16 STATE OF IDAHO ) :ss COUNTY OF ADA ) On this/ day of , in the year 2000, before me, a Notary Public, personally appeared Opal C. Farrington, knovA or identified to me to be the person who executed the foregoing instrument, and acknowledged to me having executed the same. (SEAL) Nota u lic for Idaho Commission expires: STATE OF IDAHO ) :ss County of Ada ) On this day of , in the year 2000, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Cleric, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) DEVELOPMENT AGREEMENT (AZ -00-012) -13 Notary Public for Idaho Commission expires:_ DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Opal C. Farrington, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of , 2000, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and OPAL C. FARRINGTON TRUST, hereinafter called "OWNER/DEVELOPER", whose address is 1180 E. Pine Street, Meridian, Idaho 83642. RECITALS: 1.1 WHEREAS, "Owner" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the owner make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and I 1-16-4 A, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, "Owner/Developer" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of Low Density Residential District (R-4), (Meridian City Code H 11-7-2 C); and DEVELOPMENT AGREEMENT (AZ -00-012) -1 1.5 WHEREAS, "Owner/Developer" made representations at the public hearings both before the Meridian Planning &. Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning &. Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the _ day of , 2000, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, both the "Findings" require the "Owner/Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owner/Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning DEVELOPMENT AGREEMENT (AZ -00-012) -2 designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER"/" OWNER": means and refers to Opal C. Farrington, whose address is 1180 E. Pine Street, Meridian, Idaho 83642, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. DEVELOPMENT AGREEMENT (AZ -00-012) - 3 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Meridian City Code Sections 11-7-2 C which are herein specified as follows: (R-4) Low Density Residential District: Only single- family dwellings shall be permitted and no conditional uses shall be permitted except for planned residential development and public schools. The purpose of the R-4 District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal water and sewer systems of the City. For the construction and development to add one additional home on the 4.7 acres. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.A "Developer"/"Owner" shall enter into a Development Agreement, that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de -annexation, with the City of Meridian which provides for the following conditions of development to -wit: DEVELOPMENT AGREEMENT (AZ -00-012) - 4 5.1 The ACHD requires dedication right-of-way on E. Pine Street and N. Adkins Lane and to pave the new private driveway 30 -feet into the site off East Pine. 5.2 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance (No. 12-4-13). The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. 5.3 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance. Wells may be used for non- domestic purposes such as landscape irrigation. 5.4 Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance. 5.5 Any future subdivision or lot splits within the boundaries of the subject property shall require submittal of a plat application and all associated improvements (sidewalks, streetlights, drainage, etc.) shall be required at that time. 5.6 Applicant shall coordinate utility connections with Meridian Public Works Department. 5.7 Future platting, right-of-way requirements, and any higher intensity zone that allows a greater number of uses shall be addressed in a future Development Agreement. 5.8 The existing irrigation ditch on the property must be maintained including weed removal during the 2000 irrigation season. Further, the ditch must be tiled before the beginning of the 2001 irrigation season. In the event that the ditch is not tiled as required by the City Council, after notice to the applicant, water service to the property DEVELOPMENT AGREEMENT (AZ -00-012) - 5 may be discontinued until such time as this condition is met. 6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer"/"Owner" or "Developer"'sl" Owner's" heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of subject "Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION "Developer"/"Owner" consents upon default to the de -annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to -wit: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer"/"Owner" and if the "Developer"/"Owner" fails to cure such failure within six (6) months of such notice. 8. INSPECTION: "Developer"/"Owner" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 9. DEFAULT: 9.1 In the event "Developer"/"Owner", "Developer"'sl" Owner's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully DEVELOPMENT AGREEMENT (AZ -00-012) - 6 comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by "City" of any default by "Developer"/"Owner" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer"'sl" Owner's" cost, and submit proof of such recording to "Developer"/" Owner", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer"/"Owner", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer"/" Owner" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non -breaching party's DEVELOPMENT AGREEMENT (AZ -00-012) - 7 seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either "Developer"/"Owner" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code §12-5-3, to insure that installation of the improvements, which the "Developer" agrees to provide, if required by the "City". 14. CERTIFICATE OF OCCUPANCY: The "Developer"/"Owner" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer"/"Owner" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That "Developer"/"Owner" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the DEVELOPMENT AGREEMENT (AZ -00-012) - 8 Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 OWNER/DEVELOPER: Opal C. Farrington 1180 E. Pine Street Meridian, Idaho 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and. reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform DEVELOPMENT AGREEMENT (AZ -00-012) - 9 any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner/Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 21.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has DEVELOPMENT AGREEMENT (AZ -00-012) - 10 conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ -00-012) - 11 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNER/DEVELOPER OPAL C. FARRINGTON Ow CITY OF MERIDIAN IN Attest: City Clerk BY RESOLUTION NO. Mayor Robert D. Corrie DEVELOPMENT AGREEMENT (AZ -00-012) -12 STATE OF IDAHO ) :ss COUNTY OF ADA ) On this day of , in the year 2000, before me, a Notary Public, personally appeared Opal C. Farrington, known or identified to me to be the person who executed the foregoing instrument, and acknowledged to me having executed the same. (SEAL) Notary Public for Idaho Commission expires: STATE OF IDAHO ) :ss County of Ada ) On this day of , in the year 2000, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Cleric, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) DEVELOPMENT AGREEMENT (AZ -00-012) -13 Notary Public for Idaho Commission expires:_ EXHIBIT A Legal Description Of Property A parcel of land being Lot 5 of Eastside Addition to Meridian as filed for record in the office of the Ada County Recorder in Book 4 of Plats, at page 158, and a portion of Pine Avenue, and a portion of Adkins Street, all situated in the Southeast 1/4 of the Northeast 1/4 of Section 7, Township 3 North, Range I East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monumenting the southeast corner of said Northeast 1/4 of Section 7, from which the southwest corner of said Northeast 1/4 bears South 89°07'04" West 2647.61 feet; thence along the southerly boundary of said Northeast 1/4 of Section 7, said southerly boundary also being the centerline of Pine Avenue, South 89°07'04" West 674.38 feet to the intersection of Pine Avenue and Adkins Street, being the POINT OF BEGINNING; thence continuing along said southerly boundary and centerline, South 89°07'04" West 334.68 feet; thence leaving said southerly boundary and centerline, North 00°02'59" East 25.00 feet to an iron pin on the northerly right-of-way of said Pine Avenue monumenting the southwesterly corner of said Lot 5; thence along the westerly boundary of said Lot 5, North 00°02'59" East 654.13 feet to the northwest corner of said Lot 5; thence leaving said westerly boundary and along the northerly boundary of said Lot 5 North 89°21'51" East DEVELOPMENT AGREEMENT (AZ -00-012) -14 314.47 feet to an iron pin monumenting the northeast corner of said Lot 5; thence continuing North 89°21'51" East 2 0. 00 feet to the centerline of said Adkins Street; thence along said centerline South 00002'01" West 677.69 feet to the POINT OF BEGINNING, comprising 5.210 acres, more or less. DEVELOPMENT AGREEMENT (AZ -00-012) -15 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval Z:\Work\M\Meridian 15360M\Parrington Opal AZ\DevelopAzr DEVELOPMENT AGREEMENT (AZ -00-012) - 16 WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JULIE KLEIN FISCHER PHILIP A. PETERSON 200 EAST CARLTON AVENUE, SUITE 31 NAMPA OFFICE WM. F. GIORAY, III STEPHEN L. PRUSS POST OFFICE BOX 1150 104 NINTH AVENUE SOUTH BRENT JOHNSON ERIC S. ROSSMAN MERIDIAN, IDAHO 83680.1150 POST OFFICE BOX 247 D. SAMUEL JOHNSON TODD A. RosSMAN TEL (208) 288.2499 NAMPA, IDAHO 83653.0247 WILLIAM A. MORROW DAVID M. SWARTLEY FAX (208) 288.2501 TEL (208) 466.9272 WILLIAM F. NICHOLS* TERRENCE R. WHITE" FAX (208) 466.4405 CHRISTOPHER S. NYE Email via Internet @ Wfg@Wppmg.c0m -ALSO ADMITTED IN OR --ALSO ADMITTED IN WA PLEASE REPLY TO MERIDIAN OFFICE 0. FXCEIVED `to_ August 17, 2000 AUG 1 3 2000 CITY OF MERIDIAN William G. Berg, Jr., City Cleric MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 Re: OPAL C. FARRINGTON / AMENDED ANNEXATION AND ZONING FINDINGS AND DEVELOPMENT AGREEMENT / CASE NO. AZ-00-012 Dear Will: Please replace the previous Findings and Development Agreement sent to your office on August 4, 2000 with the attached revised original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING prepared as per instructions from the Council meeting of August 15, 2000, and which were approved at the August 15, 2000 meeting with the revisions. I have also attached a revised original Development Agreement for owner/developer's signature. Please attach the approved revised Findings to the Development Agreement as Exhibit "B". The original of the Resolution and Certificate of Cleric were sent over on August 4, 2000, and therefore they should be in the Cleric's possession. Agreement. You may now proceed to obtain the signatures on the Development Very truly yours, Wm. F. Nichols msg/Z:\Work\M\Meridian 15360NUarrington Opal AZ\FFCL and DevAgtClk081700.ltr BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF OPAL FARRINGTON, THE APPLICATION FOR ANNEXATION AND ZONING OF 4.7 ACRES FOR THE ADDITION OF ONE MORE HOUSE, LOCATED AT THE NORTHWEST CORNER OF E. PINE AND N. ADKINS, MERIDIAN, IDAHO Amended C/C 08-15-00 Case No. AZ -00-012 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on July 18, 2000, and continued until August 1, 2000, at the hour of 7:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and no one appeared in opposition at the July 18, 2000, meeting, and at the August 1, 2000 meeting, Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing on behalf of the Applicant was Cecilia Brock, and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON (AZ -00-012) appearing and testifying with comments or concerns was: Bernadine Morgan, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for July 18, 2000, and continued until August 1, 2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the July 18, 2000, and continued until August 1, 2000, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY OPAL FARRINGTON (AZ -00-012) forth in Idaho Code H 67-6509 and 67-6511, and Meridian City Code H 11-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property which is the subject to the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. 5. The property is approximately 4.7 acres in size and is located at the northwest corner of E. Pine and N. Adkins. 6. The owner of record of the subject property is Opal C. Farrington, of Meridian, Idaho. 7. Applicant is owner of record. 8. The property is presently zoned by Ada County as R-1, and consists of two single family dwellings. 9. The Applicant requests the property be zoned as R-4. 10. The subject property is bordered on all sides by city limits of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON (AZ -00-012) 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning .Area is defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following manner: add one more house on the property. 14. The Applicant requests zoning of the subject real property as Low Density Residential District (R-4) which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Planned Use Development. 15. There are no significant or scenic features of major importance that affect the consideration of this application. 16. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Recommendations of the Planning and Zoning Commission as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON (AZ-QO-012) 16.1 The ACHD requires dedication right-of-way on E. Pine Street and N. Adkins Lane and to pave the new private driveway 30 -feet into the site off East Pine. 16.2 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance (No. 12-4-13). The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. 16.3 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 16.4 Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance. 16.5 Any future subdivision or lot splits within the boundaries of the subject property shall require submittal of a plat application and all associated improvements (sidewalks, streetlights, drainage, etc.) shall be required at that time. 16.6 Applicant shall coordinate utility connections with Meridian Public Works Department. 16.7 The Planning and Zoning Commission further recommends that the . irrigation ditch shall be tiled and maintained by any way necessary on the property. 16.8 A Development Agreement shall be required for future platting, right-of- way requirements, and any higher intensity zone that allows a greater number of uses. 16.9 The existing irrigation ditch on the property must be maintained including weed removal during the 2000 irrigation season. Further, the ditch must be tiled before the beginning of the 2001 irrigation season. In the event that the ditch is not tiled as required by the City Council, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON (AZ -00-012 ) after notice to the applicant, water service to the property may be discontinued until such time as this condition is met. 17. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 16, and all sub -parts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement if there are any future platting, right-of-way requirements, and any higher intensity zone that allows a greater number of uses. 18. It is also found that the development considerations as referenced in Finding No. 16 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 19. It is found that the zoning of the subject real property as Low Density Residential District (R-4) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON (AZ -00-012 ) 20. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 20.1 The consideration of the provisions of the Comprehensive plan and the requirements of the Zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to all applications such as the subject application. 20.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 20.3 The application is consistent with Meridian's self identity. 20.4 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 20.5 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 20.6 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON (AZ -00-012) 21. The property can be physically serviced with City water and sewer, since the applicant has extended the lines. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and. that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of `Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON (AZ -00-012 ) by adopting City-wide and Urban Service Planning Area policies, which deal with area -specific policies and programs. 4.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 4.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 4.4 To provide housing opportunities for all economic groups within the community. 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. 4.6 To encourage cultural educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. 4.7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that revenues pay for services. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND- ZONING/BY OPAL FARRINGTON (AZ -00-012) 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 4.13 Comprehensive Plan Policies: The subject property is designated as Mixed/Planned Use Development in the Comprehensive Plan Land Use Map. This designation allows all zones except single family zoning (R-4 and R-8) . However, the Economic Development Chapter (pg. 17) does state that, "Mixed use is a planning category which refers to the coordinated development of several major uses as part of a single project, such as specialty retail/commercial, variable density residential, offices..." Given the adjacent development and the fact that Danbury Fair Subdivision and Maws Subdivision were zoned R-8 (even though they also fell under the M/PUD designation in the Comprehensive Plan), the R-4 meets the intent of this "variable density" language. Infill Priorities: Policy 1.3, pg. 10, of the Population Growth Chapter states, "Unimproved or unrealized land within the Meridian city limits and Urban Service Planning Area should be utilized in order to maximize public investments, curtail urban sprawl and protect existing agricultural lands from unnecessary infringement." Also, policy 1. 12, pg. 68, of the Housing Chapter states, "Land development regulations should be revised to encourage the infilling of existing vacant parcels within the city limits." Goals Section Goal 4: To provide housing opportunities for all economic groups within the community. Land Use Chapter 1 AU — Encourage new development which reinforces the City's present development pattern of higher -density development within the Old Town area and lower -density development in outlying areas. 2.1U — Support a variety of residential categories for the purpose of providing the City with a range of affordable housing opportunities. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON (AZ -00-012 ) 2.2U — Support strategies for the development of neighborhood parks within all residential areas. 2.3U — Protect and maintain residential neighborhood property values, improve each neighborhood's physical condition and enhance its quality of life for residents. 5.17U — A variety of coordinated, planned and compatible land uses are desirable for this area (Locust Grove Road and Fairview Avenue area), including low -to -high density residential, office, light industrial and commercial land uses. Transportation Chapter 1.20U - Encourage proper design of residential neighborhoods to ensure their safety and tranquility. Housing Chapter 1.1 - The City of Meridian intends to provide for a wide diversity of housing types... in a variety of locations suitable for residential development. 1.4 - The development of housing for all income groups close to employment and shopping centers should be encouraged. 1.6 - Housing proposals shall be phased with transportation, open space and public service and facility plans, which will maximize benefits to the residents, minimize conflicts and provide a tie-in between new residential areas and service needs. Community Design Chapter 5.2 — Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. 6.5U — Establish land -use designations that reflect the character of existing neighborhoods. 6.11U — Promote well-planned and well-designed affordable housing in all Meridian neighborhoods. 5. The zoning of Low Density Residential District (R-4) is defined in the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON (AZ -00-012) Zoning Ordinance at § 11-7-2 C. as follows: (R4) Low Density Residential District: Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for planned residential development and public schools. The purpose of the R-4 District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect .the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 District allows for a maximum of four (4) dwelling units per acres and requires connection to the Municipal water and sewer systems of the City. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12- 2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems. 8. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 9. Section 11-16-4 A of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON (AZ -00-012) commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. Unless the commitment is modified or terminated by the City Council, the commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the property. A commitment is binding on the owner of the property even if it is unrecorded; however, an unrecorded commitment is binding on subsequent owners and each other person acquiring an interest in the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the commitment. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 4.7 acres to Low Density Residential District (R-4) is granted subject to the terms and conditions of this Order as follows: Adopt the Recommendations of the Planning and Zoning Commission as follows: 1.1 The ACHD requires dedication right-of-way on E. Pine Street and N. Adkins Lane and to pave the new private driveway 30 -feet into the site off East Pine. 1.2 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance (No. 12-4-13). The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON (AZ -00-012 ) Department. 1.3 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 1.4 Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance. 1.5 Any future subdivision or lot splits within the boundaries of the subject property shall require submittal of a plat application and all associated improvements (sidewalks, streetlights, drainage, etc.) shall be required at that time. 1.6 Applicant shall coordinate utility connections with Meridian Public Works Department. 1.7 A Development Agreement shall be required for future platting, right-of- way requirements, and any higher intensity zone that allows a greater number of uses. 1.8 The existing irrigation ditch on the property must be maintained including weed removal during the 2000 irrigation season. Further, the ditch must be tiled before the beginning of the 2001 irrigation season. In the event that the ditch is not tiled as required by the City Council, after notice to the applicant, water service to the property may be discontinued until such time as this condition is met. 2. The application is for annexation and zoning of 4.7 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON (AZ -00-012 ) 3. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-4) Low Density Residential District, and Meridian City Code § 11-7-2 C. 4. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11 -2 1 -1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of , 2000. ROLL CALL COUNCILMAN RON ANDERSON VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON (AZ -00-012) COUNCILMAN KEITH BIRD COUNCILMAN TAMMY deWEERD COUNCILMAN CHERIE McCANDLESS MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: MOTION: APPROVED: DISAPPROVED: VOTED VOTED VOTED VOTED Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. Br City Clerk Dated: msg/ZAWork\M\Meridian 15360M\Farrington Opal AZWZFfclsOrder.wpd FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON (AZ -00-012) August 10, 2000 AZ 00-012 MERIDIAN CITY COUNCIL MEETING August 15, 2000 APPLICANT Opal Farrington ITEM NO. _ D REQUEST Findings - Annexation and zoning of 4.70 acres for proposed addition of a home - NW corner of East Pine Avenue and Adkins Way AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See attached Findings Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF OPAL FA.RRINGTON, THE .APPLICATION FOR ANNEXATION AND ZONING OF 4.7 ACRES FOR THE ADDITION OF ONE MORE HOUSE, LOCATED AT THE NORTHWEST CORNER OF E. PINE AND N. ADKINS, MERIDIAN, IDAHO Gi.�IjGE/I/7 Case No. AZ -00-012 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on July 18, 2000, and continued until August 1, 2000, at the hour of 7:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and no one appeared in opposition at the July 18, 2000, meeting, and at the August 1, 2000 meeting, Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing on behalf of the Applicant was Cecilia Brock, and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON (AZ -00-012 ) appearing and testifying with comments or concerns was: Bernadine Morgan, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for July 18, 2000, and continued until August 1, 2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the July 18, 2000, and continued until August 1, 2000, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON (A7--00-012) forth in Idaho Code H 67-6509 and 67-6511, and Meridian City Code H 11-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property which is the subject to the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. 5. The property is approximately 4.7 acres in size and is located at the northwest corner of E. Pine and N. Adkins. 6. The owner of record of the subject property is Opal C. Farrington, of Meridian, Idaho. 7. Applicant is owner of record. 8. ` The property is presently zoned by Ada County as R-1, and consists of two single family dwellings. 9. The Applicant requests the property be zoned as R-4. 10. The subject property is bordered on all sides by city limits of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON (AZ -00-012.) 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following manner: add one more house on the property. 14. The Applicant requests zoning of the subject real property as Low Density Residential District (R-4) which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Planned Use Development. 15. There are no significant or scenic features of major importance that affect the consideration of this application. 16. ' Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Recommendations of the Planning and Zoning Commission as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON (AZ -00-012) 16.1 The ACRD requires dedication right-of-way on E. Pine Street and N. Adkins Lane and to pave the new private driveway 30 -feet into the site off East Pine. 16.2 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance (No. 12-4-13). The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. 16.3 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 16.4 Off-street parking shall be provided in accordance with City of Meridian . Zoning and Development Ordinance. 16.5 Any future subdivision or lot splits within the boundaries of the subject property shall require submittal of a plat application and all associated improvements (sidewalks, streetlights, drainage, etc.) shall be required at that time. 16.6 Applicant shall coordinate utility connections with Meridian Public Works Department. 16.7 The Planning and Zoning Commission further recommends that the irrigation ditch shall be tiled and maintained by any way necessary on the property. 16.8 A Development Agreement shall be required for future platting, right-of- way requirements, and any higher intensity zone that allows a greater number of uses. 16.9 The existing irrigation ditch on the property must be maintained including weed removal during the 2000 irrigation season. Further, the ditch must be tiled before the beginning of the 2001 irrigation season. In the event that the ditch is not tiled as required by the City Council, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON (AZ -00-012) after notice to the applicant, water service to the property may be discontinued until such time as this condition is met. 17. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 16, and all sub -parts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement if there are any future platting, right-of-way requirements, and any higher intensity zone that allows a greater number of uses. 18. It is also found that the development considerations as referenced in Finding No. 16 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, part cularly-cen&idering the--impactwof-propos-ed de-v,,eloprn-ent-crn 2 potential to -produce. excessive traffiuc, noisy, smoke, fumes,,glare - anct odors. 19. 1 It is found that the zoning of the subject real property as Low Density Residential District (R-4) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON (AZ -00-012) assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed/Planned Use Development, 20. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 20.1 The consideration of the provisions of the Comprehensive ,plan and the requirements of the Zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to all applications such as the subject application. 20.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 20.3 The application is consistent with Meridian's self identity. 20.4 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive.,plan and the Zoning ordinances of the City to the subject application. 20.5' Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON (AZ -00-012 ) clearly identifiable. 20.6 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 21. The property can be physically serviced with City water and sewer, since the applicant has extended the lines. CONCLUSIONS OF LAW l . The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of `Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON (AZ -00-012) 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area -specific policies and programs. 4.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 4.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 4.4 To provide housing opportunities for all economic groups within the community. 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. 4.6 To encourage cultural educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. 4.7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land through FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON (AZ -00-012) the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 4.B Comprehensive Plan Policies: The subject property is designated as Mixed/Planned Use Development in the Comprehensive Plan Land Use Map. This designation allows all zones except single family zoning (R-4 and R-8). However, the Economic Development Chapter (pg. 17) does state that, "Mixed use is a planning category which refers to the coordinated development of several major uses as part of a single project, such as specialty retail/commercial, variable density residential, offices..." Given the adjacent development and the fact that Danbury Fair Subdivision and Maws Subdivision were zoned R-8 (even though they also fell under the M/PUD designation in the Comprehensive Plan), the R-4 meets the intent of this "variable density" language. Infill Priorities: Policy 1.3, pg. 10, of the Population Growth Chapter states, "Unimproved or unrealized land within the Meridian city limits and Urban Service Planning Area should be utilized in order to maximize public investments, curtail urban sprawl and protect existing agricultural lands from unnecessary infringement." Also, policy 1. 12, pg. 68, of the Housing Chapter states, "Land development regulations should be revised to encourage the infilling of existing vacant parcels within the city limits." Goals Section Goal 4: To provide housing opportunities for all economic groups within the community: Land Use Chapter I AU — Encourage new development which reinforces the City's present development pattern of higher -density development within the Old Town area and lower -density development in outlying areas. FINDINGS' OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON (AZ -00-012.) 2.1 U - Support a variety of residential categories for the purpose of providing the City with a range of affordable housing opportunities. 2.2U - Support strategies for the development of neighborhood parks within all residential areas. 2.3U - Protect and maintain residential neighborhood property values, improve each neighborhood's physical condition and enhance its quality of life for residents. 5.17U - A variety of coordinated, planned and compatible land uses are desirable for this area (Locust Grove Road and Fairview Avenue area), including low -to -high density residential, office, light industrial and commercial land uses. Transportation Chapter 1.20U - Encourage proper design of residential neighborhoods to ensure their safety and tranquility. Housing Chapter 1.1 - The City of Meridian intends to provide for a wide diversity of housing types... in a variety *of locations suitable for residential development. 1.4 - The development of housing for all income groups close to employment and shopping centers should be encouraged. 1.6 - Housing proposals shall be phased with transportation, open space and public service and' facility plans, which will maximize benefits to the residents, minimize conflicts and provide a tie-in between new residential areas and service needs. Community Design Chapter 5.2 - Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. 6.5U - Establish land -use designations that reflect the character of existing neighborhoods. FINDINGS: OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON (AZ -00-012) 6. 11 U — Promote well-planned and well-designed affordable housing in all Meridian neighborhoods. 5. The zoning of Low Density Residential District (R-4) is defined in the Zoning Ordinance at § 11-7-2 C. as follows: (R4) Low Density Residential District: Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for planned residential development and public schools. The purpose of the R-4 District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 District allows for a maximum of four (4) dwelling units per acres and requires connection to the Municipal water and sewer systems of the City. 6. By authority of the City of Meridian under thip"ComprehensivpFlan, a ior�al use permit is required for Applicant to construct and deve14 a pla led .ficial development on this parc,eI of land. 7. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 8. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12- 2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON (AZ -00-012) 9. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 10. Section 11-16-4 A of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. Unless the commitment is modified or terminated by the City Council, the commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the property. A commitment is binding on the owner of the property even if it is unrecorded; however, an unrecorded commitment is binding on subsequent owners and each other person acquiring an interest in the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the commitment. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 4.7 acres to Low Density Residential District (R-4) is granted subject to the terms and conditions of this Order as follows: Adopt the Recommendations of the Planning and Zoning Commission as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON (AZ -00-012) 1.1 The ACHD requires dedication right-of-way on E. Pine Street and N. Adkins Lane and to pave the new private driveway 30 -feet into the site off East Pine. 1.2 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance (No. 12-4-13). The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. 1.3 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 1.4 Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance. 1.5 Any future subdivision or lot splits within the boundaries of the subject property shall require submittal of a plat application and all associated improvements (sidewalks, streetlights, drainage, etc.) shall be required at that time. 1.6 Applicant shall coordinate utility connections with Meridian Public Works. Department. 1.7 The Planning and Zonin��- Commission further„recommends that the 4 irrigation ditchwshall be =tiled and `hiaintaind by any way necessary on property. 1.8 A Development Agreement shall be required for future platting, right-of- way requirements, and any higher intensity zone that allows a greater number of uses. 1.9 The existing irrigation ditch on the property must be maintained including weed removal during the 2000 irrigation season. Further, the ditch must be tiled before the beginning of the 2001 irrigation season. In the event that the ditch is not tiled as required by the City Council, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON (AZ -00-012) after notice to the applicant, water service to the property may be discontinued until such time as this condition is met. 2. The application is for annexation and zoning of 4.7 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-4) Low Density Residential District, and Meridian City Code § 11-7-2 C. 4. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11 -2 1 -1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or FINDINGS. OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON (AZ -00-012 ) denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of , 2000. ROLL CALL COUNCILMAN RON ANDERSON VOTED COUNCILMAN KEITH BIRD VOTED COUNCILMAN TAMMY deWEERD VOTED COUNCILMAN CHERIE McCANDLESS VOTED MAYOR ROBERT D. CORRIE (TIE BREAI(ER) VOTED DATED: MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. Dated: City Clerk msg/ZAWork\Iv \Meridian 15360M\Farrington Opal AZ\AZFfClsOrder.wpd FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON (AZ -00-012) July 24, 2000 AZ 00-012 MERIDIAN CITY COUNCIL MEETING August 1, 2000 APPLICANT Opal Farrington ITEM NO. 4 REQUEST Continued public hearing from 7/18/00: Annexation and zoning of 4.70 acres from R1 to R-4 for proposed addition of a home - NW corner of East Pine and Adkins Way 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: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: See previous Item Packet OTHER: Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. , 44r July 13, 2000 j U AZ 00-012 C11 MERIDIAN CITY COUNCIL MEETING July 18, 2000 T , 1 _ w fs ym �,- APPLICANT Opal Farrington ITEM NO. �l REQUEST Annexafio nand zoning of 4.70 acres from R-1 to R-4 for proposed addition of a home 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: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See attached minutes See attached recommendationg Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW Jam ELGIN Ftscmt WNL F. Gimix, III BRC, T J. JOHNSON D. SAMUEL. JOHNSON WILLIAM A. MORROW I. AIvt F. NICHOLS CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRuss ERIC S. RossMAN TODD A. ROSSMAN DAVID M. SwARTLEY Ta UUENCE R. WHITE To: Staff Applicant Affected Property Owner(s) 200 EAST CARLTON AVENUE POST OFFICE Box 1150 MERIDIAN, IDAHO 83680-1150 TEL 208)288-2499 FAX ( 08) 288-2501 June 26, 2000 Re: plication Case No. AZ -00-012 Waring Date: July 5, 2000 NAWA OFFICE 104 NINTH AvENUG SouTH POST OFFICE BOX 247 NANIPA, IDAHO 83653-0247 TEL. (208) 466-9272 FAX (208) 466-4405 PLEASE REPLY TO MERIDIAN OFFICE FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Findings and Recommendations of the Planning and Zoning Commission shall be presented to the -City Council at the public hearing on the above referenced matter by the Plannin and Zoning Administrator. Due to the volume of matters which the City Council must decIN, and to insure your position is understood and clear, it is important to have a consistent format by which matters are presented at the public hearings before the City Council. The City Council strongly recommends: I. That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and be pprepared to state your position on this application by addressing the Findings and Recommendations of the Planning and Zoning Commission; and That you carefully complete (be sure it is legible) the Position Statement if you disagree with the Findings and -Recommendations of the Planning and Zoning Commission. The Position Statement form for this application is available at the City Clerk's office. It is recommended that you prepare a Position Statement and deliver it to the City Clerk prior to the hearing, if possible. If that is not ssible, please present your Position Statement to the City Council at the hearing, along withpoeight (8) copies. The copies will be presented to the Mayor, Council, Planning and Zoning Administrator, Public WorIcs and the City Attorney. If you are a part of a oup, it is strongl recommended that one Position Statement be filled out for the group, wFiich can be signed by the representative for the group. ly/ BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR ANNEXATION AND ZONING OF 4.7 ACRES FOR 3 PARCEL PROPERTY BY OPAL FARRINGTON Case No. AZ -00-012 RECOMMENDATION TO CITY COUNCIL INTRODUCTION 1. The property is approximately 4.7 acres in size and is located at the northwest corner of E. Pine and N. Adkins. 2. The owner of record of the subject property is Opal C. Farrington, of Meridian, Idaho. 3. Applicant is owner of record. 4. The property is presently zoned by Ada County as R-4, and consists of two single family dwellings. 5. The Applicant requests the property be zoned as R-1. 6. The subject property is bordered on all sides by city limits of the City of Meridian. 7. The property which is the subject of this application is within the Area of Impact of the City of Meridian. RECOMMENDATION TO CITY COUNCIL - 1 ANNEXATION AND ZONING - 4.7 ACRES - OPAL FARRINGTON 8. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. The Applicant proposes to develop the subject property in the following manner: add one more house on the property. 10. The Applicant requests zoning of the subject real property as R-1 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Planned Use Development. 12. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the requested annexation and zoning as requested by the Applicant for the property described in the application, subject to the following: Adopt the Recommendations of the Planning and Zoning Commission as follows: 1.1 Any future subdivision or lot splits within the boundaries of the subject property will require submittal of a plat application and all associated improvements (sidewalks, streetlights, drainage, etc.) will be required at that time. 1.2 Applicant shall coordinate utility connections with Meridian Public RECOMMENDATION TO CITY COUNCIL - 2 ANNEXATION AND ZONING - 4.7 ACRES - OPAL FARRINGTON Works Department. 1.3 Staff recommends a Development Agreement be required for future platting and right-of-way requirements. 1.4 The Planning and Zoning Commission further recommended that the irrigation ditch be tiled by any way necessary on the property. Z.\Work\M\Meridian 15360M\Recommendations\AZ012Farrington.wpd RECOMMENDATION TO CITY COUNCIL - 3 ANNEXATION AND ZONING - 4.7 ACRES - OPAL FARRINGTON Meridian Planning a--� Zoning Commission Meeting June 13, 2000 Page 54 Subdivision that is right across the street. Other then that these 9 conditions appears can be all met by the conditions that have been proposed tonight, therefore I move approval of this request for conditional use permit for this proposed park and ride lot for 100 vehicles zoned CG by Ada County Highway District at the southwest corner of Meridian Road and northeast corner of Overland Road pursuant to the staff comments and the additional conditions that have been made as part of the record in discussion tonight. Barbeiro: For clarification that we would include a fence along the north and east property and of course the lights. Nary: The only thing on the fencing I think there was discussion about different kinds of fencing. I am not sure what is the most appropriate kind of fencing. Do you want to include that fencing has to be done along the boundary line rather than a specific chain link versus something else. Barbeiro: Fencing appropriate to maintain the pasture and livestock. Nary: Fencing appropriate to maintain the property owner for the Cope's should be added. Barbeiro: I will second the motion. Borup: Any discussion? All in favor? MOTION CARRIED: 2 AYES 1 NAY Borup: Thank you everyone. Commissioner's we are past the time when we said we wasn't going to keep continuing on. We have 3 more items. I don't know. Do we want to have another special meeting this month or would you like to continue on. Barbeiro: With 3 more hours we are going to be here another hour and a half, minimum. Swartley: Before we reset these last 3 items. I don't know what these folks are here for but I don't know if some of them don't have any opposition to what the staffs comments and or are willing to comply with that, there is no opposition from the public, maybe those items we could take up and move along and just if we have to send something over then at least we send something over that is going to be contested. 10. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 4.7 ACRES FROM R-1 TO R-4 FOR PROPOSED ADDITION OF HOME BY OPAL C. FARRINGTON—NORTHWEST CORNER OF EAST PINE AND ADKINS WAY: Siddoway: This is a application for annexation and zoning from Opal C. Farrington Meridian Planning and Zoning Commission Meeting June 13, 2000 Page 55 END OF SIDE SEVEN Siddoway: that goes into Danbury Fair Subdivision. Their desire is for hook up to City water and sewer but in order to do so we require them to be annexed into the City. Staff comments dated June 5th, 2000 in your packets. We are recommending approval of the annexation and zoning with conditions in that —in those staff comments. That's all I have, Morgan: Bernadine Morgan. 1187 E. Fairview. The problem we are having is the ditch. That is our irrigation ditch. We are clear over on Fairview and as you can see our irrigation water is in bad shape here on Opal Farrington's property. The edge of the highway to the edge of the ditch is approximately 3 feet. She is under the opinion that the City of Meridian is to clean this up and to take care of it. It has been 6 years since this ditch has been cleaned and maintained. Prior to that, Martin (inaudible) the farmer that was to the north of her, had all the equipment and he did it all the time. That was not his job. It is on her property to clean. One year she had it burned but that has been several years ago. We have had to fight for irrigation ever since all of this property has been sold from the farmers. It goes clear over to all most Eagle Road where our main head gate is. We have had all of this to fight for 5 years. Most of it has been cleaned up except for two areas. This and the one on the corner of Pine and Locust Grove. On the corner where you now have that cement abutment. That belongs to a man at Woodbee Island and of course we are not getting it through to him. We have gone through Fred Burns over here. He is to assist in these (inaudible). He throws his hands up in the air and says sorry. Nothing I can do about it. A year ago, he did get a hold of them and he was to have that ditch cleaned. The City hired someone to do it but they run a ditcher through there without burning the weeds, so it just slide across the top. We are having a awful bad time. Please somebody clear up our irrigation ditch. Borup: Let me ask a couple questions. For one thing, the ditch does not have anything to do with the application that is before us. Maybe we can answer some of your questions. Mr. Swartley is this responsibility of Nampa Meridian or does the City of Meridian have some jurisdiction. Swartley: What Fred Burns would have gone to the property for was for a code violation. Might have been the weeds. It is in the city limits isn't it? Siddoway: No. They are applying for annexation and zoning. Swartley: Oh, then I don't know why Fred would have gone there. Maybe Bruce can help you out. Morgan: No it is not. They deliver only to the main head gate. Freckleton: Mr. Chairman my understanding is it is users lateral ditch. Historically back in the good old days all of the users along that ditch either got together and maintained Meridian Planning a-�. Zoning Commission Meeting June 13, 2000 Page 56 it corporately or each individual property that the ditch ran through they took care of their section. As property develops people go by the way side as far as maintaining their ditches. The ditch is not on City property. I don't think the city has an obligation to go our there and maintain this ditch. It looks like the ditch was probably disturbed quite a bit during construction of Atkins Lane. The recent paving that was done for the Maws No. 3 Subdivision that went in. I know Morgan's have had a touch time getting their water through there. Morgan: Who is responsible for this and if this Planning and Zoning goes through and they build one house, will they continue with the ditch like this or what. What are we facing here? Freckleton: If this property is annexed and if it is subdivided, they would fall underneath our ordinances for requirement to tile that ditch through that property. Barbeiro: So upon their bringing the plat to the City, as soon as they subdivide it, there is the immediate requirement to tile the ditch. Freckleton: Correct. Barbeiro: And, it would appear if they are going to go for an R-4 they are certainly going to subdivide. Borup: But, the property has to be in the city limits before we can have any jurisdiction. Morgan: I'd love to see it them. Barbeiro: So you would be in support of the city annexing the property. Morgan: If it will clean up our ditch. If they just put up one house they would not have to take care of the ditch. It is on their property. Not ours. Swanley: They would be subject to the Subdivision development ordinance. Borup: Next step they'd have to come forward with a Subdivision plat and request. Morgan: To put that house on they have to have a Subdivision or can they just put a single house on it. Barbeiro: They have to subdivide first. Borup: Oh, sorry. Staffs general requirements item number 1, that is enforced on this. The staff comment was saying that the ditch needs to be tiled and unless they specifically ask for a variance from the City Council. Meridian Planning and Zoning Commission Meeting June 13, 2000 Page 57 Nary: Does the annexation require the tiling or does the Subdivision plat requirements require the tiling and does that, if it is the latter, does that change the staff's feeling as to whether or not a development might be a better suited way to get this particular problem resolved since originally say we don't need it but now there is a different issue raised, would that be a better solution to get this done. Borup: At this point, they can not get a building permit to build a house can they. Swartley: My only thought was that the expense of tiling the ditch may preclude them from wanting to do anything and the problem does not resolve itself and yet we have annexed the property into the city looking like that. If the annexation requires it, it doesn't matter but would we rather have them have a development agreement so that the annexation does require it. Freckleton: Steve and I are just discussing this and I am not entirely clear whether we can make this requirement with an annexation or whether is has to fall underneath a Subdivision. I believe it is under the Subdivision development ordinance so I don't know that we can really require it under an annexation. Therefore I think we would be looking for the development requirement. Swartley: Commissioner Nary's reasoning makes pretty good sense and that would alleviate this problem a lot quicker. Freckleton: We would need to modify that comment. Borup: Eliminate Item number 1 and adding a development agreement if we proceed ahead. Siddoway: Under 4, that is where is says does not recommend a development agreement. Cross out not. Borup: Okay Mrs. Morgan. That's probably the way our recommendation will go, unless the application withdraws. They would be required to tile the ditch unless they withdraw the application not liking what our requirements are. Morgan: Part of the problem is, what little water we get we don't have enough volume to push it across the land. Norton: In the application summary it says there are two existing homes and they want to construct a manufactured home which would be the third home. It also says in the applicant summary they want hook up to both municipal sewer and water, but Bruce did you say they all ready have water. Freckleton: I believe they came before City Council and requested service and was granted service condition upon them moving forward with an annexation request. I think that is why we are here. Meridian Planning Z-oning Commission Meeting June 13, 2000 Page 58 Norton: If we annex them that is simply annexing to the city. Do they need to have another CUP in order to do this manufactured home. Freckleton: I guess that is where I am a little confused. It seems to me like that would require a Subdivision plat. Your getting multiple structures on a parcel. There is all ready two structures there and now a manufactured home. Steve's suggestion was maybe we should just continue this so that the applicant can attend the next meeting and have her at the beginning of the agenda so we can get some questions answered. Borup: It does say 3 different parcels so I guess it could be a residence on each parcel. Is there any final answer we can help Mrs. Morgan. How do you have a development agreement if there is not going to be any development. We can put it as a condition for annexation. That might be the best solution. The question is how do we have a development if there going to be no development. Can that be strictly a condition of annexation with no further development or can we just put it in as a condition of annexation. Tiled or maintained. Swartley: Either they are going to develop or withdraw the application, correct. Borup: No, they have 3 separate parcels. Swartley: I like Steve's idea. We don't have the applicant here to know what they are going to do. Nary: Mr. Chairman I don't think you can condition an annexation on the condition precedent like that. You either annex or not. The only avenue the state code gives you is a development agreement. Borup: If this was annexed would the code enforcement officer have any means to— Swartley: Yeah but it would be the weeds. I don't know that it would be the maintenance of the— Borup: How about a ditch that over ran and made swampy area or something. Swartley: I don't believe that's what in the code but there might be something. Morgan: There is a Idaho State Law that they can not impede water. Borup: We are talking about City Ordinance. The best thing for the city to help Mrs. Morgan is if it was annexed and then there may be something more the city could legally do. Morgan: When they come up for the city here— Meridian Planning anri,Zoning Commission Meeting June 13, 2000 Page 59 Borup: If they come up for any development then the requirements can be placed at that time. Morgan: What is this division of 3 pieces of land and they would not need it. Borup: That's all ready done. Morgan: Actually they won't need it at all. Morgan: Then we would have to take them to court to get this ditch maintained. Borup: We hope not. If it is annexed into the city and if they are not taking care of the weeds and maybe if water is running over, there may be something for the city to do. Morgan: This ditch as been here for more than 50 years and to move the ditch or to do anything with it, has to take the vote of everybody on the ditch. Borup: I think what we are saying the best thing to help you sounds like maybe to get this annexed and then the city could do something. Morgan: Will we know when it comes up for annexation? We are not within 300 feet. Borup: That is what is going on here right now. Whatever recommendation will go here will go over to City Council next month. Norton: Could she call Will Berg's office to find out exactly the date. Yes call our City Clerk and get the date. Swartley: The property should have some posting. Norton: I move the public hearing be closed. Nary: Second, Borup: All in favor? MOTION CARRIED: ALL AYES Norton: I'd like to make a motion that Planning and Zoning Commission recommend to City Council to approve the annexation and zoning of 4.7 acres from R-1 to R-4 for the proposed addition of home by Opal C. Farrington northwest corner of east Pine and Atkins Way to include staff comments with exception of under general comments strike item number 1. Meridian Planning and Zoning Commission Meeting June 13, 2000 Page 60 Swartley: It was my understanding we are taking out number one and then number four taking out not, if we were doing a development agreement. Borup: The question was whether or—it was stated we could not do a development agreement. Swartley: Yeah, that's true. I think we should just leave it as stated. Barbeiro: I second the motion. Borup: All in favor. Nary: One second, I just want to be clear because there is no requirement then to tile the ditch and we haven't answered Mrs. Morgan's questions. The Morgan's only concern is that the ditch be tiled. Swartley: We need to leave in number one. Nary: We decided that—annexation requirements did not require the ditch to be tiled and the discussion was that the only way we might be able to have them tile the ditch was to have a development agreement because they initially asked for they wanted this to be moved from 2 to 3 parcels and that was the reason because we weren't going to subdivide it and that would be the only way we could require them to tile the ditch was a development agreement. Borup: So, can we leave it in and let the City Attorney or someone else decide whether it is enforceable or not. Swartley: Yes. That would be the best and Council could change it if they want. Norton: I would amend my motion to leave in number one regarding the tiling of the irrigation ditch. Tom would you agree to that as a second. Barbeiro: Now you got me. I thought we were going to exclude one and then include again take out the word not and have a development agreement. Borup: Her motion is to recommend approval with all staff comments as written. Barbeiro: Okay, I concur and second. Nary: Mr. Chairman, you last comment was having the city attorney make a determination as to whether or not— Borup: No that would not be part of the motion. Meridian Planning a -t Zoning Commission Meeting June 13, 2000 Paae 61 Nary: What the staff comment was that the annexation ordinance does not require that the ditch be tiled so including item one, doesn't matter. So we won't have them tile the ditch. Borup: No its in there. Barbeiro: Here is the way that I see this. What Steve and I discussed was there was some discussion of the assessor (inaudible) three lots but the city only recognizing 2 lots. We can include a development agreement because they are going to seek a 3`d lot and in the development agreement require them to tile the ditch. Borup: We better get that on the record then. Barbeiro: If you look at our map up here there are only two lots recognized on this site. Borup: So there is really not three parcels. Barbeiro: We have no record here showing that there are 3 parcels on this. That is why I went back over to the map on the wall. There is only 2 parcels just as it is described here in our packets. Borup: There could be three parcels but maybe one of them is not a buildable parcel. What are you proposing. I'd like to move this along. Barbeiro: According to this we have three parcels. Borup: We don't know that they are buildable parcels and that will be determined if they come in with a building permit, right? Siddoway: The staff report from Brad says that there are 3 separate parcels as recorded by the county assessor. The maps that we have show 2 parcels. I do not know where the third parcel is. It does state that they are planning to construct a manufactured home the third parcel which would be new development and require a building permit based upon which, it seems we could require a development agreement for the development of that third parcel with the manufactured home and the condition of that development being tiling the ditch. Barbeiro: Wouldn't the tiling of the ditch only be required on the third parcel that we were building on or would it be part of the entire three parcel group. Siddoway: I don't know the legalities of that. Nary: Mr. Chairman with Commissioner Norton as the maker of the motion, want to simply state that we recommend they annex this parcel as requested and that the recommendation of the Planning and Zoning Commission be that the ditch be tiled whether it be done through a development agreement or a preliminary plat which ever is Meridian Planning and Zoning Commission Meeting June 13, 2000 Page 62 most appropriate. The city attorney can make that decision and additional recommendation as well as the staff will have time to formulate that better before council. Our concerns are being addressed that the Morgan's have raised to us and the council will make the final decision anyway. Norton: I'd agree to that. Barbeiro: I would concur with my second. Borup: All in favor? MOTION CARRIED: ALL AYES Borup: I have to apologize. When we started this I though that would be a 5 minute item. 8. PUBLIC HEARING: REQUEST FOR AN AMENDMENT OF A CONDITIONAL USE PERMIT FOR PROPOSED LARGER SIGN CRITERIA AND ADDITIONAL PYLON SIGN TO SITE ZONED C -G BY DAN CONLIN-IDAHO ELECTRIC SIGNS—OAKBROOK PLAZA 2100-2180 FAIRVIEW AVENUE: Siddoway: Mr. Chairman and Commissioner's this project has been before you with a conditional use permit and the requirement of that conditional use permit was single monument sign no greater that 72 square feet. This is an application to modify that requirement and they are proposing the signs that were originally proposed. Brad's staff report, I don't see the date but it was stamped received June 9, 2000. He does not that there is some grounds for allowing a greater sign area but we do need to come up with some criteria for that so it is not just a hap hazard application of various sign standards when we tried to be consistent as much as possible up and down Fairview over the last year or so. Our recommendation is to approve the signs as proposed with the modification that the 25 foot high sign be reduced to a 20 foot sign and that is all. That recommendation is based on the draft sign ordinance which will be coming before you in a month. Brad's comments make a pretty good case of the issues showing that there maybe comparing it to other sites in' the area showing that it is a larger site and based on that there could be some basis to approve larger signs in the 72 square foot sign that was originally approved. Borup: Applicant like to come forward. Conlin: Dan Conlin. I work for Idaho Electric Signs and I am representing Norco Industries in this matter. Mr. Kissel of Norco Industries has asked me to present the sign package again. I guess it was originally submitted for the conditional use permit and during the second Planning and Zoning Commission meeting through this, it was amended through a verbal statement by Shari Stiles to reduce down to 72 square feet. Unfortunately for some unknown reason it was not caught by the representative at the time. I think we are close to staff recommendation. The only design criteria that we WHITE, PETERSON, PR oSSSSYMORROW & GIGRAY, P.A. JULIE KLEw Fisch 200 EAST CARLTON AVENUE Wm. F. OIORAY, In POST OFFICE BOX 1150 BRENT J. JOHNSON MERmrAN, IDAHO 83680-1150 D. Swum JOHNSON WILLIAM A. MoRRow WR.LIAM F. NICHOLS TEL 208)288-2499 CHRISTOPHER S. NYE FAx (�08) 288-2501 Pmip A. PETERSON STEPHEN L. PRUSS ERic S. RossMAN TODD A. ROSSMAN DAVID M. SWARTLEY TERRENCER WHITE June 26, 2000 To: Staff Applicant Affected Property Owner(s) Re: Application Case No. AZ -00-012 Hearing Date: July 5,'2000 NAWA OFFICE ENUESOUTH rFBox247 SAO 83653-0247 1405 9)466-92725 � 1) 466 r REPLY TO 1N OFFICE i FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Findin s and Recommendations of the Planning and Zoning Commission shall be presented to the -City Council at the public hearing on the above referenced matter by the Planning and Zoning Administrator. Due to the volume of matters which the City Council must decide, and to insure your position is understood and clear, it is important to have a consistent format by which matters are presented at the public hearings before the City Council. The City Council strongly recommends: 1. That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and be prepared to state your position on this application by addressing the Findings and Recommendations of the Planning and Zoning Commission; and 2. That you carefullycomplete (be sure it is leg�'ble) the Position Statement if You dsagree 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 ppre a Position Statement and deliver it to the City Cleric prior to the hearing, if possible. If that is not ppossible, please present your Position Statement to the City Council at the hearing, along with eight ($) 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 strongl recommended that one Position Statement be filled out for the group, which can be signed by the representative for the group. IY/ BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR ANNEXATION AND ZONING OF 4.7 ACRES FOR 3 PARCEL PROPERTY BY OPAL FARRINGTON Case No. AZ -00-012 RECOMMENDATION TO CITY COUNCIL INTRODUCTION I. The property is approximately 4.7 acres in size and is located at the northwest corner of E. Pine and N. Adkins. 2. The owner of record of the subject property is Opal C. Farrington, of Meridian, Idaho. 3. Applicant is owner of record. 4. The property is presently zoned by Ada County as R �4 and consists of two single family dwellings. 5. The Applicant requests the property be zoned as R -1f. 6. The subject property is bordered on all sides by city limits of the City of Meridian. 7. The property which is the subject of this application is within the Area of Impact of the City of Meridian. RECOMMENDATION TO CITY COUNCIL - I ANNEXATION AND ZONING - 4.7 ACRES - OPAL FARRINGTON 8. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9, The Applicant proposes to develop the subject property in the following manner: add one more house on the property. o 10. The Applicant requests zoning of the subject real property as R -X which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mined Planned Use Development. 12. 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 requested annexation and zoning as requested by the Applicant for the property described in the application, subject to the following: Adopt the Recommendations of the Planning and Zoning Commission as follows: 1.1 Any future subdivision or lot splits within the boundaries of the subject property will require submittal of a plat application and all associated improvements (sidewalks, streetlights, drainage, etc.) will be required at that time. 1.2 Applicant shall coordinate utility connections with Meridian Public RECOMMENDATION TO CITY COUNCIL - 2 ANNEXATION AND ZONING - 4.7 ACRES - OPAL FARRINGTON � .t Works Department. 1.3 � Staff recommends a Developmenf�Ag f., platting and right --of rway requiremen r 1.4 The Planning and Zoning Commission further recommended that the irrigation ditch be tiled by any way necessary on the property. Z-.\Work\NWeridian 15360M\Recommendations\AZ012Fanington.wpd RECOMMENDATION TO CITY COUNCIL - 3 ANNEXATION AND ZONING - 4.7 ACRES - OPAL FARRINGTON June S.2OOO MERIDIAN PLANNING & ZONING MEETING: June 13, 2000 APPLICANT: OPAL C. FARRINGTON. ITEM NUMBER: _10�__ REQUEST: 4.7 ACRES ZONED R-1 TO ADD A HOME FOR PROPOSED R-4 ZONE AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING & ZONING DEPT. SEE STAFF COMMENTS CITYATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WASTEWATER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: SEE COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAN1PA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU DFRECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: OTHER:— All Materials presented at public meetings shall become property of the City of Meridian. THER:A8K0atmriebsprmmentedatpub|icnmem6|ngsmhsUbacomnmpnopartyofthmCityofNewidimn. MAYOR Robert D. Corrie 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/Mayor & City Council From: Bruce Freckleton, Senior Engineering Technician cf�_=__ Brad Hawkins -Clark, Planner 'B�c 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 City of Aferidiaia, City Clerk Office Re: Annexation of 4.7 Acres from R-1 to R-4 by Opal C. Farrington (File AZ -00-012) We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the 1Lleridian City Council.- APPLICATION ouncil: APPLICATION SUMMARY This annexation application was initiated by the property owner, Opal C. Farrington, and is the result of a City Council condition for the property to hook-up to municipal sewer and water. The Council agreed to serve the property with the condition that Mrs. Farrington apply for annexation to the City. There are three separate parcels (as recorded by the County Assessor) identified within the external boundaries of the 4.7 acre legal description for this application. There are two existing homes and the Applicant is planning to construct a manufactured home on the third parcel (the westernmost, 1.0 acre parcel), for a total of three, detached single family dwellings within the annexation boundaries. The property is bounded by existing city limits on all four sides. ACHD is not placing any conditions on the property owner other than the requirement to dedicate right-of-way on E. Pine Street and N. Adkins Lane and to pave the new private driveway 30 -feet into the site off East Pine. All other improvements listed in their report will apply only upon future re -development of the parcel. LOCATION The property is generally located at the NW corner of E. Pine and N. Adkins. The two current houses are addressed as 1130 and 1180 E. Pine Street. SURROUNDING PROPERTIES North — A V2 acre parcel containing a single family home, zoned R1 in Ada County. There are also two homes in Danbury Fair #7 abutting the north boundary (zoned R-8). Opal Farriaglon.RZ.doc AZ -00-012 Mayor, Council and', sZ June 5, 2000 Page 2 South — Railside Industrial Park Subdivision lies SE of subject property. Immediately south of Pine is a single family house currently on the market. There is also a vacant, 12 -acre parcel. All are zoned Light Industrial (I -L). East — A single family residence is located at the NE corner of Pine and Adkins. Maws Subdivision #3 is located on the east side of Adkins Lane, containing 7 single family lots, zoned R-8 (Meridian). West — Nine (9) lots in Danbury Fair Sub #1 abut the west boundary. CURRENT OWNERS OF RECORD Opal C. Farrington is the owner and has submitted consent for this application. ANNEXATION GENERAL REQUIREMENTS f.� Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance (No. 12-4-13). The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non- domestic purposes such as landscape irrigation. 3. Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance (Ord. 11-13). ANNEXATION SITE SPECIFIC REQUIREMENTS 1. The legal description submitted with the application appears to meet the requirements of the City of Meridian and State Tax Commission. 2. Any future subdivision or lot splits within the boundaries of the subject property will require submittal of a plat application and all associated improvements (sidewalks, streetlights, drainage, etc.) will be required at such time. 3. Applicant must coordinate utility connections with Meridian Public Works Department. 4� Staff does not recommend a Development Agreement be required as a condition of this annexation for the following reasons and with the conditions as stated: a. Any future subdivisions of the parcel will require submittal of a preliminary plat; AZ -00-012 Opal Farrington.RZ.doc Mayor, Council and'. Z June 5, 2000 Page 3 b. ACHD's June 5, 2000 report requires right-of-way dedications on Pine and Adkins and other road improvements at the time of any future development; C. The requested R-4 zone is approved. (Any higher intensity zone that allows a greater number of uses would require a D.A.) RECOMMENDATION Staff recommends approval of the annexation with the above conditions. COMPREHENSIVE PLAN ANALYSIS The 1993 Comprehensive Plan contains a variety of goals and policies relevant to this application. The following sections most directly apply to the proposed project and are repeated here for the Council and Commission's consideration during the hearing process. The subject property is designated as Mixed/Planned Use Development in the Comprehensive Plan Land Use Map. To date, Staff has interpreted this designation to allow all zones except single family zoning (R-4 and R-8). However, the Economic Development Chapter (pg. 17) does state that, "Mixed use is a planning category which refers to the coordinated development of several major uses as part of a single project, such as specialty retail/commercial, variable density residential, offices..." Given the adjacent development and the fact that Danbury Fair Subdivision and Maws Subdivision were zoned R-8 (even though they also fell under the M/PUD designation in the Comprehensive Plan), we feel the R-4 meets the intent of this "variable density" language. Infill Priorities: Policy 1.3, pg. 10, of the Population Growth Chapter states, "Unimproved or unrealized land within the Meridian city limits and Urban Service Planning Area should be utilized in order to maximize public investments, curtail urban sprawl and protect existing agricultural lands from unnecessary infringement." Also, policy 1.12, pg. 68, of the Housing Chapter states, "Land development regulations should be revised to encourage the infilling of existing vacant parcels within the city limits." Goal 4 is "to provide housing opportunities for all economic groups within the community." Land Use I AU Encourage new development that reinforces the City's present development pattern of higher density development within the Old Town area and lower density development in outlying areas. 2.1U Support a variety of residential categories (urban, rural, single-family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. 2.2U Support strategies for the development of neighborhood parks within all residential areas. AZ -00.012 Opal Parrington.RZ.doc Mayor, Council and Z June 5, 2000 Page 4 2.3U Protect and maintain residential neighborhood property values, improve each neighborhood's physical condition and enhance its quality of life for residents. 5.17U A variety of coordinanted, planned and compatible land uses are desirable for this area (Locust Grove Road and Fairview Avenue area), including low -to -high density residential, office, light industrial and commercial land uses. Transportation 1.20U Encourage proper design of residential neighborhoods to ensure their safety and tranquility. Housing 1.1 The City of Meridian intends to provide for a wide diversity of housing types ... in a variety of locations suitable for residential development. 1.4 The development of housing for all income groups close to employment and shopping centers shall be encouraged. 1.6 Housing proposals shall be phased with transportation, open space and public service and facility plans, which will maximize benefits to the residents, minimize conflicts and provide a tie-in between new residential areas and service needs. Community Design 5.2 Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. 6.5U Establish land -use designations that reflect the character of existing neighborhoods. 6.11U Promote well-planned and well -designated affordable housing in all Meridian neighborhoods. AZ -00-012 Opal farrington.R.Kdoc Ada CoUntV_j1iy4waV 2)ijti,t Judy Peavey -Derr, President J 10 F-doL J! LI I JLI CGt Dave Bivens, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer, Secretary Phone (208) 387-6100 Sherry R. Huber Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner E-mail: tellus@achd.ada.id.us June 5, 2000 Mrs. Opal C. Farrington 1180 E. Pine Street Meridian, ID 83642 Re: Staff Level Approval MAZ-00-012 N/W Corner of E. Pine & Adkins Lane Rezone Facts and Findings: A. The Ada County Highway District (ACHD) staff has received the above referenced application requesting rezone approval. The 4.7 -acre site is located on the northwest corner of E. Pine Street and N. Adkins Lane. This development is estimated to generate 10 additional vehicle trips per day (20 existing) based on the Institute of Transportation Engineers Trip Generation manual. B. The application and site plan transmitted by the City of Meridian on May 16, 2000, and submitted to the District on May 19, 2000, have been reviewed by the ACHD Planning and Development staff and conforms to applicable District standards/policy, or can be made to conform with the change(s) to the plan described in the requirements stated below. This is a staff level approval and will not be heard by the ACHD Commission unless the site plan is changed in such a manner as to not conform with District standards/policy or an appeal of the Planning and Development staff decision is submitted as described within the Standard Requirements outlined below. On May 29, 2000, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On June 2, 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. If the rezone is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City County: Site Specific Requirements: Dedicate 66 -feet of right-of-way (approximately 16 -feet additional) from the centerline of E. Pine Street abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be 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 #193. 2. Dedicate 25 -feet of right-of-way (approximately 5 -feet additional) from the centerline of N. Adkins Lane abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required pennits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will not be compensated for this additional right-of-way because is a local street and is to be brought to adopted standards by the developers of abutting properties. The existing circular driveway is located 70 -feet and 142 -feet east of Adkins Lane. The two driveways are also located 275 -feet and 330 -feet east of Stonehendge Way. Current District policy requires that driveways on Collector streets be located in alignment with or offset a minimum of 150 -feet from any existing or approved driveway. Locate any driveway on Pine Street a minimum of 150 -feet from any existing or approved driveway. Pave the driveways to their full -required width of 16 to 20 -feet at least 30 -feet from the edge of pavement of E. Pine Street with 15 -foot radii pavement tapers abutting the existing roadway edge. 4. Construct a 5 -foot wide detached sidewalk on E. Pine Street abutting the parcel aligned with sidewalk on the parcels to the east and west. Coordinate location and elevation with District staff. 5. Construct curb, gutter, 5 -foot wide concrete sidewalk and match paving on Adkins Lane abutting the parcel. Improvements shall be constructed to one-half of a 36 -foot street section. 6. Driveways located on Adkins Lane must be located a minimum of 50 -feet from the intersection of E. Pine and Adkins. Relocate the irrigation ditch on the site outside the fixture right-of-way of Pine Street and Adkins Lane. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact ACHD's Utility Coordinator at 387-2516 or 378-6258 (with file number) for details. Page 2 MAZ-00-0I 2.doc 9. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 10. Other than the access point(s) specifically approved with this application, direct lot or parcel access to Pine Street is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: This decision of the Planning and Development Supervisor may be appealed to the Ada County Highway District Commission by the applicant or by another party within 15 calendar days from the date of this report. 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 request will be heard by the District Commission at an evening meeting within 20 calendar days of the District's receipt of the appeal letter. The appellant will be notified of the date and time of the Commission meeting. 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 two 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 it's original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and constriction 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. 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. 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. Page 3 MAZ-00-012.doc 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 confiiinnation of any change from the Ada County Highway District. 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 ACRD Planning and Development staff at 387-6170. Sincer 0PSal Planning and Development Supervisor cc: Project file City of Meridian Planning and Zoning Chron Page 4 M A z-00-0 l 2.doc C. Q F - Z V Z 0 F- 0 z ii a J a o. 0 V) 0 0 0) 0 0 cc 0 0 M C7 0 0 F M Y June 5, 2000 Mrs. Opal C. Farrington 1180 E. Pine Street Meridian, ID 83642 Re: Staff Level Approval MAZ-00-012 N/W Corner of E. Pine & Adkins Lane Rezone Facts and Findings: A. The Ada County Highway District (ACRD) staff has received the above referenced application requesting rezone approval. The 4.7 -acre site is located on the northwest corner of E. Pine Street and N. Adkins Lane. This development is estimated to generate 10 additional vehicle trips per day (20 existing) based on the Institute of Transportation Engineers Trip Generation manual. B. The application and site plan transmitted by the City of Meridian on May 16, 2000, and submitted to the District on May 19, 2000, have been reviewed by the ACHD Plamling and Development staff and conforms to applicable District standards/policy, or can be made to conform with the change(s) to the plan described in the requirements stated below. This is a staff level approval and will not be heard by the ACHD Commission unless the site plan is changed in such a manner as to not conform with District standards/policy or an appeal of the Planning and Development staff decision is submitted as described within the Standard Requirements outlined below. On May 29, 2000, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On June 2, 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. The following requirements are provided as conditions for approval: Page 1 ASTAFF If the rezone is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City "tt ty: Site Specific Requirements: 1. Dedicate 66 -feet of right-of-way (approximately 16 -feet additional) from the centerline of E. Pine Street abutting the parcel by means of recordation of a final subdivision plat or execution of ' a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be 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 #193. 2. Dedicate 25 -feet of right-of-way (approximately 5 -feet additional) from the centerline of N. Adkins Lane abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will not be compensated for this additional right-of-way because is a local street and is to be brought to adopted standards by the developers of abutting properties. 3. The existing circular driveway, the eastern drive of which located approximately 79 -feet from Adkins Street, is approved with this application. 4. Pave the driveways to their full required width of 16 to 20 -feet at least 30 -feet from the edge of pavement of E. Pine Street with 15 -foot radii pavement tapers abutting the existing roadway edge. Construct a 5 -foot wide detached sidewalk on E. Pine Street abutting the parcel aligned with sidewalk on the parcel to the west. Coordinate location and elevation with District staff. 6. Construct curb, gutter, 5 -foot wide concrete sidewalk and match paving on Adkins Lane abutting the parcel. Improvements shall be constructed to one-half of a 36 -foot street section. 7. Driveways located on Adkins Lane must be located a minimum of 50 -feet from the intersection of E. Pine and Adkins. ,,� g L g p alk on E �Pige Street with l pwaurb, gutter and/or ep ace damagedcurb - utte •and/or srde� concrete sidewalk to match exrs n rm roveents. Se i��ents tg.be re laced s�iad� be"deter�ii byyACHD,Colistruction Services staff. ~Contact Construction Services at 397-6290 (witlh file. number) for details. Page 2 ASTAFF 9. Replace damaged curb, gutter and/or sidewalk on E. Pine Street with new curb, gutter and/or concrete sidewalk to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. Contact Construction Services at 387-6280 (with file number) for details. 10. Relocate the irrigation ditch on the site outside the right-of-way. 11. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact ACHD's Utility Coordinator at 387-2516 or 378-6258 (with file number) for details. 12. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 13. Other than the access point(s) specifically approved with this application, direct lot or parcel access to is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: 1. This decision of the Planning and Development Supervisor may be appealed to the Ada County Highway District Commission by the applicant or by another party within 15 calendar days from the date of this report. 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 request will be heard by the District Commission at an evening meeting within 20 calendar days of the District's receipt of the appeal letter. The appellant will be notified of the date and time of the Commission meeting. 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 two 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 it's 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. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. Page 3 ASTAFF 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 conforinance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. 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. 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. 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 ACRD Planning and Development staff at 387-6170. Sincerely, Larry Sale Planning and Development Supervisor cc: Project file City of Meridian Planning and Zoning Chron Page 4 ASTAFF IE CL O O 0, 0 0 M 0 0 0 M 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: June 2 2000 TRANSMITTAL DATE: May 16, 2000 HEARING DATE: June 13, 2000 FILE NUMBER: AZ -00-012 REQUEST: 4.7 acres zoned R-1 to add a home for proposed R-4 zone BY: Opal C. Farrington LOCATION OF PROPERTY OR PROJECT: NW corner of East Pine and Adkins Way - SALLY NORTON KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE McCANDLESS, C/C KEITH BIRD, C/C TAMMY de WEERD, C/C WATER DEPARTMENT SEWER DEPARTMENT _SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY _,CITY ENGINEER V CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY 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 NIAYOR Robert D. Corrie i A Good Place to Live LEGAL DEPARTMENT CITY OF MERIDIAN (208) 288-2499 - Fax 288-2501 CITY COUNCIL NIENIBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT(2p8) Keith Bird MERIDIAN, IDAHO 83642 887-221 I •Fax 887-1297 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4 3 44 I -E 117 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-� DEPARTMENT (208) 884-5533 • Fax 888-6854 M p'�%i i C; x TRANSMITTAL TO AGENCIES FOR COMMENT§V* A RT 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: June 2 2000 TRANSMITTAL DATE: May 16, 2000 HEARING DATE: June 13, 2000 FILE NUMBER: AZ -00-012 REQUEST: 4.7 acres zoned R-1 to add a home for proposed R-4 zone BY: Opal C. Farrington LOCATION OF PROPERTY OR PROJECT: NW corner of East Pine and Adkins Way - SALLY NORTON KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE McCANDLESS, C/C KEITH BIRD, C/C TAMMY de WEERD, C/C WATER DEPARTMENT SEWER DEPARTMENT _SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY _,CITY ENGINEER V CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY 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: IN WITNESS WIIEREOF, The said part ies and seal s the day and year first above written. of the first part ha ve hereunto set their hands SIGNED� S�E,A1LED/AND DELIVERED IN PRESENCE OF ' ...........�`C..11l....11l..... ..... .................... (Seal) ---• .................................... ..........�--.. (Seal) ...........................•................................---.............. (Seal) -- .............................................................................. (Seal) STATE OF IDAHO, County of Ada ss. On this 18th day of February in the year 19 46 , before me in and for said State the Undersigned, a Notary Public personally appeared J. B. RUSSELL, a widower, and LORA V. HOIMES, a widow known to me to be the person s whose name s are subscribed to the within instrument, and acknowledged to me that t hey executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Puis or the State of Idaho, Residing at Boise , Idaho. (0: 41 Q b' 0 1 Jimmy ! <j 1A o W Qj '`U o Q of p, p,��, a I W z ►lsi; W.C ) l'80 J tt 0j o r �• �I �' ( ' tom. H � ly , f 'a I' •, � i a 'I. CO H; 1 In 073 4� 41 I x_881—WARMV= DEED I THIS INDENTURE, glade this �i between fOR RAt.R DT RT RAM'R A CO.. UTATIOR RRR ..UOIRL 18th day of February , 19 46 , J. B. RUSSELL, a widower, and LORA V. HOINES, a widovr of Boise , County of Ada , State of Idaho , the parties of the first part, and CECIL FARRINGTON and OPAL FARRINGTON, husband and wife of Meridian , County of Ada , State of Idaho the part ies of the second part. WITNESSETI-I, That the said part ion of the first Dart, for and In consideration of the sum o[ THREE THOUSAND AND NO11OO-------------------------------------- --- DOLLARS, lawful money of the 'United States of America, to thein in hand paid by the said part ies of the second part, the receipt whereof is hereby acknowledged, ha ve granted, bargained and sold, and by these presents do grant, bargain, sell convey and confirm unto the said parties of the second part, and to their heirs and assigns forever, all of the following de- scribed real estate, situated in Me rid ian , County of Ada , State of Idaho , to -wit: r Lot Five (5) of East Side Addition to Meridian, in Southeast Quarter of Northeast Quarter (SE -4 NE4) of Section Seven (7), Township Three (3) North, Range One (1) East of Boise Meridian, in Ada County, State of Idaho, Subject to the 1946 Taxes and Assessments. none MEi�iaAv: '•�tieaP� . 1� CENiS #3 May 1, 2000 I Opal C Farrington request a zoning amendment for my property at 1130 & 1180 East Pine Street and the adjoining property per the attached legal discription from Power Engineers. ss. �Kfift-VANAIIIIIINKTOR Sincerely, Va Op I C Farrington On this day of 2000 before me, , a Notary Public in and for said state, personally appeared Opal C Farrington identified to me to be the person whose name is attached to the foregoing statement, and acknowledged to me that (he/she executed the same. IN WITNESS WHEREOF, I have hereunto placed my official hand and seal the day and year in this certificate first abo written. Notary pbbric r Idaho Residing at Boise _ Commission Expires: 1o_ �' o �,` NCOff PROJECT: 528057 DATE: April 20, 2000 DESCRIPTION FOR ANNEXATION OPAL C. FARRINGTON TRUST LOT 5 OF EASTSIDE ADDITION TO MERIDIAN AND A PORTION OF PINE AVENUE, AND A PORTION OF ADKINS STREET SITUATED IN THE SOUTHEAST %4 OF THE NORTHEAST 1/4 SECTION 7 T. 3 N., R. 1 E., B.M., ADA COUNTY, IDAHO A parcel of land being Lot 5 of Eastside Addition to Meridian as filed for record in the office of the Ada County Recorder in Book 4 of Plats, at page 158, and a portion of Pine Avenue, and a portion of Adkins Street, all situated in the Southeast''/4 of the Northeast %4 of Section 7, Township 3 North, Range I Easi, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap monumenting the southeast corner of said Northeast 1/4 of Section 7, from which the southwest corner of said Northeast'/4 bears South 89°07'04" West 2647.61 feet; thence along the southerly boundary of said Northeast'/4 of Section 7, said southerly boundary also being the centerline of Pine Avenue, South 89°07'04" West 674.38 feet to the intersection of Pine Avenue and Adkins Street, being the POINT' OF BEGINNING; thence continuing along said southerly boundary and centerline, South 89°07'04" West 334.68 feet; thence leaving said southerly boundary and centerline, North 00002'59" East 25.00 feet to an iron pin on the northerly right-of-way of said Pine Avenue monumenting the southwesterly comer of said Lot 5; ij1hence along the westerly boundary of said Lot 5, North 00002'59" East 654.13 feet to the northwest corner of said Lot 5; thence leaving said westerly boundary and along the northerly boundary of said Lot 5 North 89°21'51" East 314.47 feet to an iron pin monumenting the northeast corner of said Lot 5; thence continuing North 89°21'51" East 20.00 feet to the centerline of said Adkins Street; thence along said centerline South 00°02'01" West 677.69 feet to the POINT OF BEGINNING, comprising 5.210 acres, more or less. SUBJECT TO: All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. t PR AL Prepared by: 0�►L 13 Y, 1 POWER ENG EERS � c. %STF9 2000 o ;.iE(i;01AN PUBLIC WORKS C+EPT, y SCW:EDM Steven C. Wellington, L. S. 1%0 POWER 9'M4UN;'t11S rporated Page 1 of 1 1295 S. Eagle Flight way Phone (208) 378-0022 Boise, Iclahn 91709 0 M a OUR �u') M I00 IM 121.05 1.0 t ACRES 00 ao N 30.4 2.7 t ACRES; I -S 89'07'04" W 120.00 I I 22.4 1 I I I 100.00 _ _ 94_67 5-89°07'04" W 194.67 PINE AVENUE N T -- P T #16 May 1, 2000 I Opal C Farrington will post my property at the corner of East Pine and Adkins Way (1) week prior to the public hearing. Sincerely, v O al C Farrington /� STATE OF Idaho ) ) ss. COUNTY OF Ada ) On this / �- day of2000 before me, �, L, �° c�rx ' a Notary Public in and for said state, personally appeared Opal C Farrington identified to me to be the person whose name is attached to the foregoing statement, and acknowledged to me that (he/she executed the same. IN WITNESS WHEREOF, I have hereunto placed my official hand and seal the day and year in this certificate first ab e w Ite . Notary public or Idaho Residing at Boise _ Commission Expires: #17 May 1, 2000 I Opal C Farrington have read the contents of thereof and verify that all the information I am submitting is true to the best of my knowledge. Sincerely, al C Farrington STATE OF Idaho ) ) ss. COUNTY OF Ada ) On this _ / day of M2�z - 2000 before me, .Ty, Z, �2E�.11�f! i4 �/, a Notary Public in and for said state, personally appeared Opal C Farrington identified to me to be the person whose name is attached to the foregoing statement, and acknowledged to me that (he/she executed the same. IN WITNESS WHEREOF, I have hereunto placed my official hand and seal the day and year in this certificate first!�bPve written. Notarrpublic for Idaho Residing at Boise Commission Expires: — 3 2 e-�`? OZ90YZ6mZClN o Os ! ° p ttZ! 10 In f \ '` 9IOlCZIS9 p• ...... .... ........ o K ? °,................... o 00I0ILZI Zt ! p o 0 0 OitOILZIS9 awb ' e, 2 d_-- si N N LnNIn0600ILZlS OCIOILZtSS n T -9 sd' O9001LZI99a „• % ......... LF' '� f 0pZ<Zt ' 5��7�Zd N n Y ' t�S 001 o n n i Y 'rb •'•.. t't n O •o... O N n O !SO O K / O NceM N Of otoottz199a eq N 9zLo9zetoza °9�s ' C OF N N: O � _ o N O n o Y M cr N N i n � � K OF N N: O � O O n Y j N M n O o n N M cr r•N �O o ' t n � C N 00 ' M V YJwO! iLt /R � Y ' O iWxf N - 1.1 . -- I-- I v, 391.iS QZL0009L998 Parcel R2039261300 Code Area 210 Type Qty Value ACTIVE Name FARRINGTON OPAL C TRUST 150 1.000 45000 FARRINGTON OPAL C' USTEE 370 54500 Bank Code Buyer 990 47250 - C/o — Prepaid Address 1180 E PINE AVE L.I.D. — Bankrupt MERIDIAN ID Sub.Code 836472 - 5936 — — Annexation *NO Last Change : 98/02/02 By : ASVLADIY — Notes Total 922507 .*NO Desc. E 120' OF S 363' OF LOT 5 EAST SIDE ADD MERIDIAN Exemption #9159820 00569000005B- 3N 1E 07 Hardship 65 0 Property Zoning R1 Flag Address 01180 E PINE — —Type AVE MERIDIAN ID 83642-0000 D.D. Space # 1 REAL Roll 1–PRIMARY Occ. 0 Action: F2=Select F3=Exit F5=Corrctd Notice 'T6=Letters F9=UR F8=Assoc Address Fll=D_e_ed Parcel R2039261200 Code Area 210 Type Qty Value Name FARRINGTON OPAL C TT?,UST 150 3.700 FARRINGTON OPAL CUSTEE 370 57700 `Buyer C/o Address 1180 E PINE AVE MERIDIAN ID 3642 - 5936 Last Change 98/02/11 By : ASVLADIY Total 127700 Desc. LOT 5 EXC E 1201 OF S 363' EAST SIDE ADD MERIDIAN #9159-8--21 a (rP TvL' Bank Code Prepaid L.I.D. Bankrupt Sub.Code Annexation *NO Notes *NO Exemption 00569000005—A 39 —1E07 Hardship 65 0 Property Zoning R1 Flag Address 01130 E PINE AVE MERIDIAN ID 83642-0000 D.D. Space # — —Type 1 REAL Roll 1 PRIMARY Occ. U Action: F2=Selec�F—F3=Exit F5=Corrctd Notice P6=Letters F9=UR F8=Assoc Address Fll=Dei–ed 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: June 2 2000 TRANSMITTAL DATE: MaV 16, 2000 HEARING DATE: June 13, 2000 FILE NUMBER: AZ -00-012 REQUEST: 4.7 acres zoned R-1 to add a home for proposed R-4 zone BY: Opal C. Farrington LOCATION OF PROPERTY OR PROJECT: NW corner of East Pine and Adkins WaV - SALLY NORTON KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE McCANDLESS, C/C KEITH BIRD, C/C TAMMY de WEERD, 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 COMMUNITY 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 OF MERIDIAN (208)288-2499 •Fax 288-2501 CITY COUNCIL MEMBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 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: June 2 2000 TRANSMITTAL DATE: MaV 16, 2000 HEARING DATE: June 13, 2000 FILE NUMBER: AZ -00-012 REQUEST: 4.7 acres zoned R-1 to add a home for proposed R-4 zone BY: Opal C. Farrington LOCATION OF PROPERTY OR PROJECT: NW corner of East Pine and Adkins WaV - SALLY NORTON KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE McCANDLESS, C/C KEITH BIRD, C/C TAMMY de WEERD, 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 COMMUNITY 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: CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 Phone: (208) 888-4433 Fax: (208) 887-4813 APPLICATION FOR ANNEXATION AND ZONING OR REZONE PROPOSED NAME OF SUBDIVISION: NA GENERAL LOCATION: NW CORNER E PINE & ADKINS WAv TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): RESIDENTIAL ACRES OF LAND IN PROPOSED ANNEXATION: 4.7 PRESENT LAND USE: 2 HOMES & FIELD PROPOSED LAND USE: __ 3 HOMES & FIELD PRESENT ZONING DISTRICT: R 1 PROPOSED ZONING DISTRICT: R4 MAY 0 1�Qp CITY OF EIL ft Z- oo - of Z APPLICANT. MRS • OPAL C FARRINGTON PHONE: 888-3339 ADDRESS: 1180 E PINE STREET, MERIDIAN, ID 83642 ENGINEER, SURVEYOR, OR PLANNER: NA PHONE: OWNERS) OF RECORD: OPAL C FARRINGTON PHONE: 888-3339 _ ADDRESS: _1180 E PINE STREET, MERIDIAN, ID 83642 14-1 V Signature of Applicant 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Opal C Farrington •- Afjhecr-� 1180 E Pine Street, Meridian, ID 83642 (208)888-3339 Opal C Farrington ^ QpJnPt- 1180 E Pine Street, Meridian, ID 83642 (208)888-3339 **See attached warranty deed copy See attached Copy — NvhGrl ted re�,6 w. FI[ c� C, ILII See attached - `PSI Cit'SL�� ��`r,� q, f" T e 4k Residential Residential R1 - County R4 - Meridian City City Services are available at this time on the South side of Pine Street. We are completely surrounded by the city. Residential users are on three sides of property. The proposed zoning amendment would be more efficient for city services. Land use chapters 1.1 U, 2.1 U, 2.5U, 2.5U, Housing - 1.12, 1.13U. See attached /// 100' ^ See attached " lIf' 300' MY See attached Fees attached See attached XJ "J a Fisk; °`' See attached-f�Ff'��..,'f df,-uc �..�1 c^orrc �j/i�c�F,�� Q Z V z 0 V �Z i�. a LL a CL 0 CL a F,, d d LL O O O 0 0 0 0 M 0 7 Nim �N F,, d d LL O O O 0 0 0 0 M 0 PLEASE PROVIDE THE FOLLOWING INFORMATION ON A SEPARATE SHEET OF PAPER AND/OR ON SEPARATE ATTACHMENT'S Name, address, and phone number of applicant; Name, address, and phone number of owner of subject propertyand proof of title of said owner (warranty deed). Notarized request for zoning amendment from titled owner, successor of said owner, valid title option holder, or contract purchaser with consent from the titled owner if not requested by titled owner; Legal description (metes & bounds) of subject property, including property to the center line of all adjoining rights-of-way, railroads, roadways, highways and easements the full length of the property which is signed and stamped by a land surveyor registered in the State of Idaho; Description of present land use; JV Description of proposed land use; Present zoning district and jurisdiction; JK Proposed zoning district; - A statement descntnng the cnaracterl. MR or guhiect nrnnerty which make the zoning amendment desirable; A statement outlining the necessity*br desirability of development pertaining to the zoning amendment and its harmony with adjacent development; A statement of how the proposed zoning amendment relates to the City of Meridian Comprehensive Plan. One (1) map of scale of one (1) inch equals one hundred (100) feet of the property concerning the zoning amendment; Thirty (30) copies of a vicinity map of a scale of one (1) inch equals three hundred (300) feet; A list of the mailing addresses of all property owners within three hundred feet (300) of the external boundaries of the land being considered. This -Est can be obtained from the City of Meridian Planning & Zoning Department. Please request list seven days prior to submitting application. M A fee established by the Council:, Less than 1 acre = $400.00. Over I acre = $400.00 plus $15.00 for each additional acre or portion thereof In addition to above fee applicant shall pay cost of certified mailings at a rate of $1.73 per notice. Please double the mailing fee on this application. (All annexation & zoning or rezone applications require two public hearings — 1 before Planning & Zoning Commission and 1 before City Council). A signed affidavit stating that the property will be posted 1 week before the public hearing. Posting must contain name of applicant, description of zoning amendment, and time and date of public hearing. Official notices are available at City Hall. A signed affidavit stating the applicant has read the contents thereof and verifies that the information contained therein is true and correct.