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Home My WebLink About2003-08-05 .. , ," ..' .... . . .' . .'." :. '.. 1. .' ..,.:'. . '. ..... . ., '.. . . >f.. ,. '::::, <SI'f'Y) IDE MERIDIAN ..if......:.,...'..,... .,'.:..... .:....' '....:.i:i..i..:i'..i:.'.:',:......:i ".:','",':.' PRE-COU NCIL.i MEETIN G ii, .: AGENDA :......:.:.., i..i :.,',', ',....,.. i Tue~~~X~~Hgu~t !?, 2003 at q:OO p.m. ':":","':',:,:"'.:'.',.ii ,'.','." """"C;ity Council Chcfmb&f~ .' ':' "..7 , . :' . "...:.i ''':.:i ....'. .': Roll-call Attendctpce: ... ""." X Tah1h1Y de Weerd X Cherie McCandless Oi MBYdr Robert Corrie ',' '. .: X X ',' . BilLNary Keith Bird ..' " 2. .' ",';.:'" . ': Adgptl9n of me p.g~J19a: p.pprove ...'....,i :,.,:,:.,:: ContiriUed::ftOm Julyi22, 2003 Pre-Council Meeting: Discu~sion of L.qcustiGrOve Overpass I3jght~of-Way Reimbursement: Discussed (15 minutes*) ,: '. 3. 4. '.", DisCussion of RevOcatidn Automotive + Arl rla....PoWe II : (30imiri(Jtes~) 'i of Conditional Use Permit for Meridii=lp Administrative DeCision 5. ExecutiVe Session: No Decision ': :.... ":.i' : ". ,'.."....:.:,.,..,.,. .. *Approximate allowable:time set for ag~hda item may chal1g~:(f~pending on discussibnjPlease uSje the/designated minUtes as a guideline orily. . '.:. ,. .... .. .,: .:", '.'." .'" .. .', .. .. ..' '. ',' . .. . ........ . . .:": .... ..,"'. , ,:",,:,,:"."":'iii..:'.'. ii,: Mcridiandily C(lulldl Agenda Augusti.ifo03 :r~?gc I ~S}i Allmatcrials prcscntcd at public meetings shall b~col11eproperty of the City of Meridi~l)' .Anyon~ desiring accommodation fordisabilitii!!irelatedlci:dcic\lnlcilts andior hearingsi .,.,.PIe.ase.C~'ltte.ttll:S:itrT,le0k's8mce at 8,88-1433 at,.,1~qst4~..11ours.priorlo lhcpllblicn.le,etin~. ,..::,'. ,"ii" :'.,:...:..,.:,....'::..:'.,.. ',.':. ,,:i.:...,..'.,.::,..... ....,..." ,,:...',."...,i':....... ':':..' . . . .'. . .... . '.......'..,.. :: :. '. .' . '.' MAYOR Robert D. Corrie ? l.' v-Se.. <POs-t .{:;r Vc,ckrUc JLo'+Z . .~."I . ,'{";''''> ~ "- ~ /' <m 0' 'r~;(d..i!t, VYLerldian~,.1t~~\ -, / IDAHO I.~ -^ j/ "'" b ('~. /' 'h-IO'l ., ~,~ (j -CI J'~l" TREt\SUR' V ~ "~~IHI:E . 11903 .- Thy- i CITY COUNCIL MEMBERS Tammy de Weerd William L. M, Nary Cherie McCandless Keith Bird LEGAL DEPARTMENT (208) 466-9272 . FAX 466.4405 PARKS & RECREATION (208) 888-3579 . Fax 898"5501 PUBLIC WORKS (208) 898.5500' Fax 887- t297 BUILDING DEPARTMENT (208) 887.221 [ . Fax 887-1297 PLANNING & ZONING (208) 884.5533 . Fax 888-6854 NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, August 5, 2003 at 6:00 P.M. The Meridian City Council will be discussing the following agenda items: - Continued trom July 22, 2003 Pre-Council Meeting: Discussion at Locust Grove Overpass Right-at-Way Reimbursement - Discussion of Revocation of Conditional Use Permit for Meridian Automotive The public is welcome to attend the meeting. DATED this 1st day of August, 2003, 33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642' (208) 888-4433 City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887-4813 ?ltc~e, 9o~t ~ 'Pr-cbLLe,. J1o~'CL ~1h{A/VL~~' CITY OF MERIDIAN PRE-COUNCil MEETING AGENDA Tuesday, August 5, 2003 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Cherie McCandless Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption ot the Agenda: 3. Continued from July 22, 2003 Pre-Council Meeting: Discussion of Locust Grove Overpass Right-at-Way Reimbursement: (15 minutes*) 4. Discussion of Revocation of Conditional Use Permit for Meridian Automotive - Anna Powell: (30 minutes*) * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Council Agenda - August 5, 2003 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian, Anyone desiring aeconunodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ---- /, i 17 ~uSe. ftS:t ~y ?~h{,.,:c t1o-l:ic.u - thMLtc-S, CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, August 5, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Cherie McCandless Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of July 15, 2003 City Council Regular Meeting: B. Approve minutes of July 15, 2003 Pre-Council Meeting: C. Approve minutes of July 22,2003 Pre-Council Meeting: D. Findings of Fact and Conclusions of Law for Denial: AZ 03- 002 Request for annexation and zoning of 19.79 acres from RUT to C-G zones for Callister Development by Dave Callister - southwest corner of West Overland Road and South Stoddard Road: E. Findings of Fact and Conclusions of Law for Denial: CUP 03- 001 Request for a Conditional Use Permit for a contractor's yard for an excavation company and mini-storage facilities on 5.91 acres for Callister Development by Dave Callister - southwest corner of West Overland Road and South Stoddard Road: F. Findings of Fact and Conclusions of Law for Denial: CPA 03- 001 Request for a Comprehensive Plan Amendment to change approximately 12.25 acres of the site from mixed-use-neighborhood to commercial for Callister Development by Dave Callister - southwest corner of West Overland Road and South Stoddard Road: Meridian City Council Agenda - August 5, 2003 Page 1 of 4 All materia Is presented at public meetings shall become property 0 f the City of Meridian. Anyone desiling accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours ptior to the public meeting. G. Findings of Fact and Conclusions of Law for Approval: AZ 03- 008 Request for annexation and zoning of 34.52 acres from RUT to R-8 zones for proposed Birchstone Creek Subdivision by Centennial Development, LLC - northwest corner of West Ustick Road and North Black Cat Road: H. Findings of Fact and Conclusions of Law for Approval: PP 03- 008 Request for Preliminary Plat approval of 89 building lots and 7 other lots on 34.52 acres in a proposed R-8 zone for proposed Birchstone Creek Subdivision by Centennial Development, LLC - northwest corner of West Ustick Road and North Black Cat Road: l. Findings of Fact and Conclusions of Law for Approval: VAR 03-013 Request for a Variance to Meridian City Code 12-4-5 requiring blocks to be not less than 400 feet and not more than 1,000 feet in length for Birchstone Creek Subdivision by Centennial Development, LLC - northwest corner of West Ustick Road and North Black Cat Road: J. May 2003 Addendum to Development Agreement: (Touchmark Living Centers AZ 99-0021) I CUP 03-005 Request for a Conditional Use Permit for a Planned Unit Development for Meadow Lake Villaqe by Hummel Architects, P.A. - east of South Eagle Road on East Franklin Road: K. Development Agreement: AZ 00-026 Request for annexation and zoning of 5.4 acres from Ada County RT zone to R-8 for a proposed planned development for proposed Bear Creek Subdivision No. 6 (fka / approved as Kodiak Development) by Bear Creek LLC - west of Meridian Road one-half mile south of Overland Road: L. First Addendum to Exhibit "AH Legals of the Development Agreement: AZ 00-018 Valley Shepherd Church of the Nazarene: M. June 2003 Addendum to Development Agreement: AZ 99-010 Queenland Acres, Inc. and Bear Creek, LLC: N. Development Agreement: AZ 03-006 Request for annexation and zoning of 397.11 acres from RUT and R-1 zones to R-8, R-40, L-O, and C-G zones for proposed Paramount Subdivision by Paramount, LLC - west of North Meridian Road and north of West McMillan Road: Approve O. Sewer and Water Main Easement for Lochsa Falls Subdivision: Meridian City Council Agenda - August 5, 2003 Page 2 of 4 All matelials presented at public meetings shaU become property of the City of Meridian. Anyone desiling accommodation for disabilities related to documents and/or heming please contact the City Clerk's Offtce at 888-4433 at least 48 hours plior to lhe public meeting, P. Sewer Main Easement for Havasu Creek Subdivision No.2: Q. Sewer Main Easement for Havasu Creek Subdivision No.3: R. Water Main Easement for Creekside Arbour Phase 3: S. Approve Purchase of Lot in Castle brook Subdivision No. 1 for Black Cat Lift Station: T. Streetlight Agreement for Cedar Springs Subdivision No.2: U. Change Order No. 1 for Well No. 24 Pumping Facilities - Irminger Construction: V. Approve Bills: 4. Department Reports: A. Public Works Department: 1. Discussion of Silverstone Corporate Center Well SiteJ Well No. 23 - Brad Watson: 5. Request for Reconsideration and Re-opening Public Hearings for Callister Development AZ 03-002 and CPA 03-001: 6. (Items Moved from Consent Agenda) 7. Ordinance No.: AZ 00-026 Request for annexation and zoning of 5.4 acres from Ada County RT zone to R-8 for a proposed planned development for proposed Bear Creek Subdivision No. 6 (fka I approved as Kodiak Development) by Bear Creek LLC - west of Meridian Road one-half mile south of Overland Road: 8. Ordinance No.: RZ 03-006 Request for a Rezone of 3.41 acres from R-4 to R-8 zones for Bear Creek No.6 by Westpark Company - west of South Meridian Road and south of West Overland Road; 9. Ordinance No.: AZ 03-006 Request for annexation and zoning of 397.11 acres from RUT and R-1 zones to R-8, R-40, L-O, and C-G zones for proposed Paramount Subdivision by Paramount, LLC - west of North Meridian Road and north of West McMillan Road; 10. Public Hearing: V AC 03-003 Request for a Vacation of a sewer easement on Lot 2 Block 1 of Pack It Up Subdivision by Pinnacle Meridian City Council Agenda - August 5, 2003 Page 3 of 4 All matelials presented at public meetings shall become property of the City of Meridian. Anyone desiling accommodation for disa bilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours pliorto the public meeting. Engineers - north of East Overland Road approximately one-half mile west of South E<:"gle Road: 11. Public Hearing; CUP 03-023 Request for a Conditional Use Permit for an ancillary drive-thru for a full-service bank facility and for a temporary bank facility in a C-G zone for D. L. Evans Bank by D. L. Evans Bank - 2560 East Fairview Avenue: 12. Public Hearing: CUP 03-025 Request for a Conditional Use Permit for a bank facility with a drive-thru window in a C-C zone for Idaho Banking Company by Idaho Banking Company - 1875 South Eagle Road: 13. Public Hearing: CUP 03-031 Request for a Conditional Use Permit for an educational facility in a 9,058 square foot tenant space in an existing building in an L-O zone for the University of Phoenix by the University of Phoenix - 2950 East Magicview Drive: 14. Public Hearing: RZ 03-007 Request for a Rezone of .165 acres from R-4 to O-T zones for Schroeder Apartments by H. John Cook - 921 West 2nd Street: 15. Public Hearing: CUP 03-026 Request for Conditional Use Permit to remove existing house and construct four apartments, 2 story with bedrooms on upper level, and four single garages attached in a proposed O-T zone for Schroeder Apartments by H. John Cook - 921 West 2nd Street 16. Public Hearing: AZ 03-013 Request for annexation and zoning of 79.77 acres from RUT to R-8, C-G and L-Q zones for proposed Kelly Creek Subdivision by Kevin Howell Construction - northwest corner of North Linder Road and West McMillan Road: 17. Public Hearing: PP 03-014 Request for Preliminary Plat approval of 213 building lots and 15 other lots on 79.77 acres in proposed R-8, L-Q and C- G zones for proposed Kelly Creek Subdivision by Kevin Howell Construction - northwest corner of North Linder Road and West McMillan Road: 18. Public Hearing; CUP 03-028 Request for a Conditional Use Permit for a Planned Unit Development for 213 residential units, 34,200 square feet for office uses and 35.190 square feet for commercial uses for proposed Kelly Creek Subdivision by Kevin Howell Construction - northwest corner of North Linder Road and West McMillan Road: 19. Approve 2004 Fiscal Year Tentative Budget: Melidian City Council Agenda - August 5, 2003 Page 4 of 4 All matelials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours pliorto the public meeting. ** COMMUNICATIONS REPORT ** AS OF AUG 01 '03 12:32 PAGE. 01 CITY OF 11ERlDIAN TOTAL PAGES TOTAL TI ME SEND 0030 SEND 00012' 10" RECEIVE 0002 RECEIVE 00000'55" DATE TIME TO/FROM MODE MIN/SEC PGS CMDl:t STATUS 01 08/01 10:10 2088886854 EC--R 00'29" 001 088 OK 02 08/01 10:21 2088886854 EC--R 00'26" 001 089 OK 03 08/01 12:02 PUBLIC WORKS EC--S 00' 23" 001 090 OK 04 08/01 12:03 2084664405 EC--S 00'24" 001 090 OK 05 08/01 12:04 8841159 EC--S 00'24" 001 090 OK 06 08/01 12:05 2088840744 EC--S 00' 24" 001 090 OK 07 08/01 12:06 2088467366 EC--S 00'24" 001 090 OK 08 08/01 12:07 8985501 EC--S 00'23" 001 090 OK 09 08/01 12:08 LIBRARY EC--S 00'28" 001 090 OK 10 08/01 12:09 92083776449 EC--S 00'23" 001 090 OK 11 08/01 12:10 2088886854 EC--S 00'23" 001 090 OK 12 08/01 12:11 12084674538 EC--S 00' 24" 001 090 OK 13 08/01 12:12 8950390 EC--S 00'23" 001 090 OK 14 08/01 12:13 Laurel EC--S 00'24" 001 090 OK 15 08/01 12:14 208 387 6393 EC--S 00'23" 001 090 OK 16 08/01 12:15 ADA CTY DEVELMT G3--S 00'40" 001 090 OK 17 08/01 12:16 CHERRY LANE EC--S 00' 28" 001 090 OK 18 08/01 12:17 POST OFFICE EC--S 00'33" 001 090 OK 19 08/01 12:19 IDAHO ATHLETIC C EC--S 00' 24" 001 090 OK 20 08/01 12:19 ID PRESS TRIBUNE EC--S 00'24" 001 090 OK 21 08/01 12:20 208 888 6700 EC--S 00'23" 001 090 OK 22 08/01 12:22 3810160 EC--S 00'27" 001 091 OK 23 08/01 12:23 PUBLIC WORKS EC--S 00'20" 001 091 OK 24 08/01 12:23 12084664405 EC--S 00'20" 001 091 OK 25 08/01 12:25 3810160 EC--S 00'33" 001 090 0\< 26 08/01 12:26 8841159 EC--S 00'20" 001 091 OK 27 08/01 12:26 208 388 6924 EC--S 00'28" 001 090 OK 28 08/01 12:27 2088840744 EC--S 00'20" 001 091 OK 29 08/01 12:29 2088467366 EC--S 00'20" 001 091 OK 30 08/01 12:30 8985501 EC--S 00' 19" 001 091 OK 31 08/01 12:30 LIBRARY EC--S 00'22" 001 091 OK 32 08/01 12:32 92083776449 EC--S 00'19" 001 091 OK ** TX CONFIRMATION REPORT ** 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 25 27 DATE TIME TO/FROM 08/01 12:02 PUBLIC WORKS 08/01 12:03 2084664405 08/01 12:04 8841159 08/01 12:05 2088840744 08/01 12:06 2088467366 08/01 12:07 8985501 08/01 12:08 LIBRARY 08/01 12:09 92083776449 08/01 12:10 2088886854 08/01 12:11 12084674538 08/01 12:12 8950390 08/01 12:13 Laurel 08/01 12:14 208 387 6393 08/01 12:15 ADA CTY DEVELMT 08/01 12:16 CHERRY LANE 08/01 12:17 POST OFFICE 08/01 12:19 IDAHO ATHLETIC C 08/01 12:19 ID PRESS TRIBUNE 08/01 12:20 208 888 6700 08/01 12:25 3810160 08/01 12:26 208 388 6924 AS OF AUG 01 '03 12:32 PAGE. 01 MODE EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S G3--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S CITY OF MERIDIAN MIN/SEC PGS 00' 23" 001 00'24" 001 00'24" 001 00' 24" 001 00'24" 001 00'23" 001 00'28" 001 00'23" 001 00'23" 001 00' 24" 001 00'23" 001 00'24" 001 00' 23" 001 00'40" 001 00'28" 001 00' 33" 001 00'24" 001 00'24" 001 00'23" 001 00' 33" 001 00'28" 001 CMDl:I 090 090 090 090 090 090 090 090 090 090 090 090 090 090 090 090 090 090 090 090 090 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK 1> u0..2e.. ~os-t ~ fJ~'c..."J:L<>~'Ce. -- T~Uc.! .' '~.o::\,..4f ' LCGAL DEPAR'fMENT ~,~'i' ~ (lOg) 1166.9272 . FAX 466./14.05 ~ (;ITY 01' f?!i!:~J _ ". 'c 'PARKS & RECREATION . J ..'"! ~ (208) 1181l-~57~ . Pal'. 898.5501 8ria fan d~ ',~, PUBLIC WORKS I (208) 898.5500' Pnx 8S7-' 297 ~ IDAHO /y ~ .-?y BU1WING OEPARTMt:J'-IT (2(}8) 887-2211 . Fax 887.l297 C'e '"~.&~9: PLANNING & ZONINr., (208) 884-5533 . Pn~ 8RR.CiRS4 MAYOR Robert D, Corrie CITY COUNCIL MEMRF.RS Tammy de Weerd Willium L, M. Nury Cherie McCandless Keith Biru NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL. NOTlCE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday) August 5, 2003 at 6:00 P.M. The Meridian City Council will be discussing the following agenda items: ** TX CONP ~TION REPORT ** , \ AS OF AUG 131 '0~ 12:32 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMNl STATUS 22 08/131 12: 22 38113160 EC--S 00' 27" 001 091 OK 23 08/01 12:23 PUBLIC WORKS EC--S 013'20" 1301 091 OK 24 08/131 12:23 121384664405 EC--S 00'20" 001 091 OK 26 08/01 12:26 8841159 EC--S 00'20" 001 091 OK 28 08/01 12:27 2088840744 EC--S 00'20" 001 091 OK 29 08/01 12: 29 2089457366 EC--S 00' 20" 001 091 OK 30 08/01 12:30 8985501 EC--S 80' 19" 001 1391 OK 31 08/01 12:30 LIBRARY EC--S 00'22" 001 091 OK 32 08/01 12:3292083776449 EC--S 00'19" 0131 091 OK ---------------------------------------~---------------~------------------------------------ ?Lto..Be.. 7o~i ~ Pu.bL:.c.. r1o-ttlt. -1b~JYl.~( CITY OF MERIDIAN PRE-COUNC1L MEETtNG AGENDA Tuesday, August 5. 2003 at 6:00 p.m. City Council Chamb9l'$ 1. Roll-call Attendance: _ Tammy de Weerd _ Bill Nary Cherie McCandless Keith Bird - _ Mayor Robert Corrie- 2. Adoption of the Agenda: 3. Continued from July 22, 2003 Pre~Council Meeting: Discussion of Locust Grove Overpass Right-of-Way Reimbursement: (15 minutes.) 4. Discussion of Revocation of Conditional Use Permit for Meridian Automotive - Anna Powell: ' (30 minutes-) * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. MUNdi." CilyCOlll1Cil Agmdo, - AuS"rt S, 2003 Pogo l <rf' All material. pm<DIed at pu1>lic me<tln8-' <baU beoo"", prop<<ty Qfthc Cily ofMaidion. Any""'. desiring """.""".doIi... far dii$buiLioo td.nod t. dccum<mtt ""llIarhOllriIl8S pl=Q C1)<I!llcllb. ClIYCledc', Ollie. III SllS-4433 at bot 4& hours pri...to ll\. pub\k, ~inB' ** TX CONFI RMh, ION REPORT ** AS OF AUG 01 '03 12:35 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 03 08/01 12:35 206-888-5052 MODE MIN/SEC PGS CMDij STATUS EC--S 00'24" 001 090 OK ~------------------------------------------------------------------------------------------- ? uaSe..1>os-t .{:;y- 'P~'c..ILo+i~ r- Th>c-l ... '~... "r' ~~,~ r ~~ /~liYO' r~1 .. '-/VLtJr/ditfn 1; \1/ f ~ lDAKO )~ ,)-, bY '"(n. n/ "'l~~~'lT~IMt , o1~D~ UOAL DEI'AR'fMSNT (20Sl 4G6.n7Z . FAX 4G6.440S MAYOR Roben D. Corrie PA RKS &. RECREA'rtON (lOll) HSR-:m'J . ra~ 89B.5S0 I FU13UC WORKS (20~} SOll-SSOO' !':1~ $$1.1291 BUllJ)ING nEPAI~TMl!Nr (208) 887-2211 . I'a~ S81.\Z91 Pl.ANNING & ZO/'JING (ZOS) SS4-SS3J - Fa~ RRR.(,RSA CITY COt/NClt MEMRF.RS To.mmy de WeeI'd Willium L, M, Nlil)' Cherie M~Canclless K~hh Bi,'d NOTICE OF PREACOUNCIL MEETING MERIDIAN CllY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, August 5, 2003 at 6:00 P.M. The Meridian City Council will be discussing the following agenda items: - Continued from July 22, 2003 Pre~Council Meeting: Discussion of Locust Grove Overpass Right-of-Way Reimbursement - Discussion of Revocation of Conditional Use Permit for Meridian Automotive The public is welcome to attend the meeting. DATED tnis 1st day of August, 2003. 33 EAST lD^HO AVENUE' MERIDIAN. IDAHO 83642 . (208) 88S-44:n City Clcrk Office FAA (208) 888-421& . Human Resourtes Fax (208) 884-8723 . T'inonce & Utility Billing Fa>:. (208) 887.4813 c."_, ** TX C~ ( !AT! ON REPORT ** AS OF AUG €I1 '0" .d:51 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDl=I STATUS €I1 138/€I1 12:33-208 388 6924 EC--S 00'22" 1301 091 OK 02 08/01 12:34 2088Be6854 EC--S 00' 19" e01 091 OK 134 08/01 12:36 99510390 EC--S 130' 19" 1301 091 OK 05 138/01 12:37 ~aurel EC--S 013'21" 001 eSl OK 06 €I8/01 12:38 208 387 6393 EC--S 130'21" e131 091 OX 137 08/101 12:39 ADA CTY DEUE~MT G3--S 010' 39" 1301 091 OK e8 08/01 12:40 2138-888-5052 EC--S 00'213" e01 1391 OK €IS 138/131 12:41 CHERRY LANE EC--S 00' 21" 0el 091 OX 10 08/01 12:42 POST OFFICE EC--S e0' 28" \3131 091 OK 11 138/131 12:43 [D PRESS TRIBUNE EC--S 130'20" Clal 1391 OK 12 e8/e1 12:44 208 668 67e0 EC--S e0' 19" 0el e91 OK 14 e8/el 12:46 12084674536 EC--S 0e'19" eel 091 OK 16 081e1 12:51 IDAHO ATHLETIC C EC--S e13'19" 001 091 OK -------------------------------------------------------------------------------~----------~- fltO-.B~ ?O~-C ~ P~bL:t- no-h~ -1hCVtJ.t:S ( CITY OF MERIDIAN PRE-COUNCIL MEETtNG AGENDA Tuesday, August 5. 2003 at 6:00 p.m. City Council Chambers 1. Roll--call Attendance: _ Tammy de Weerd _ Bill Nary _ Cherie McCandless _ Keith Bird _ Mayor Robert Corrie 2. Adoption of the Agenda: 3. Continued from July 22, 2003 Pre.Council Meeting: Discussion of Locust Grove Overpass Rlght"of~Way Reimbursement: (15 minutes*) 4. Discussion of Revocation of Conditional Use Permit for Meridian AutomotivEl - Anna Powell: (30 minutes*) · ~pprox.~mate allowable time set for agen~ item may change depending On diSCUSSion. Please use the designated minutes as a guideline only. MoNdi.." CUyCowtoff AgtttdJ.- ADgu.t S,2oo3 Pogo I of I All molcri.l. Pl"stl1lcd III publio ",.<ling< <hall &0........ ptoptlt)' .rtho Cily of Meridian, AnyO"O d4MOg occo.....o<Wi"" for ror:cbilili"" r.l_l<> dotolrncnlO .mV... hCllrlngs pl- oolll4Cl tho CiIy Clori:'. 015"'01888-4<133 ;aka!ll4g lID\ln priotlD lIlo publ;. _<ling. ** COMMUNICATIONS REPORT ** TOTAL PAGES SEND 0001 RECEIVE 0008 DATE TIME TO/FROM 01 07/31 08:12 02 07/31 13:32 Laurel 03 07/31 14:21 2086580224 04 07/31 14:39 208 888 3191 05 07/31 14:48 2086580224 06 07/31 15:11 2088886854 AS OF AUG 01 '03 05:00 PAGE.01 CITY OF MERIDIAN TOTAL TIME SEND 000 00' 29" RECEIVE 00002'29" MODE MIN/SEC PGS Cl'1Dl:I STATUS EC--R 00' 28" 001 079 Of< EC--R 00'21" 001 081 01< EC--R 00'33" 002 082 OK EC--S 00' 29" 001 083 Of< EC--R 00' 35" 002 085 OK EC--R 00' 32" 002 086 OK ** COMMUNICATIONS REPORT ** AS OF AUG 01 '03 13:24 PAGE. 01 CITY OF MERIDIAN TOTAL PAGES TOTAL TIME SEND 0086 SEND 00032'31" RECEIVE 0000 RECEIVE 00000'00" DATE TIME TO/FROM MODE MIN/SEC PGS CMDt:I STATUS 01 08/01 12:33 208 388 6924 EC--S 00'22" 001 091 0/< 02 08/01 12:34 2088886854 EC--S 00' 19" 001 091 OK 03 08/01 12:35 208-888-5052 EC--S 00'24" 001 090 OK 04 08/01 12:36 8950390 EC--S 00'19" 001 091 OK 05 08/01 12:37 Laurel EC--S 00'21" 001 091 OK 06 08/01 12:38 208 387 6393 EC--S 00'21" 001 091 OK 07 08/01 12:39 ADA CTY DEVELMT G3--S 00'39" 001 091 OK 08 08/01 12:40 208-888-5052 EC--S 00'20" 001 091 01< 09 08/01 12:41 CHERRY LANE EC--S 00'21" 001 091 OK 10 08/01 12:42 POST OFFICE EC--S 00'28" 001 091 OK 11 08/01 12:43 ID PRESS TRIBUNE EC--S 00'20" 001 091 OK 12 08/01 12:44 208 888 6700 EC--S 00' 19" 001 091 OK 13 08/01 12:45 3810160 EC--S 02'18" 004 092 OK 14 08/01 12:48 12084674538 EC--S 00' 19" 001 091 OK 15 08/01 12:49 PUBLIC WORKS EC--S 01' 19" 004 092 OK 16 08/01 12:51 IDRHO RTHLETIC C EC--S 00' 19" 001 091 Ol< 17 08/01 12:52 12084664405 EC--S 01' 20" 004 092 OK 18 08/01 12:54 8841159 EC--S 01' 19" 004 092 OK 19 08/01 12:55 2088840744 EC--S 01' 19" 004 092 OK 20 08/01 12:57 2088467366 EC--S 01' 20" 004 092 OK 21 08/01 12:59 8985501 EC--S 01' 18" 004 092 OK 22 08/01 13:01 LIBRARY EC--S 01 ' 45" 004 092 OK 23 08/01 13:03 92083776449 EC--S 01' 18" 004 092 OK 24 08/01 13:05 208 388 6924 EC--S 01'43" 004 092 OK 25 08/01 13:07 2088886854 EC--S 01'18" 004 092 OK 26 08/01 13:09 12084674538 EC--S 01' 18" 004 092 OK 27 08/01 13:11 8950390 EC--S 01' 17" 004 092 OK 28 08/01 13:13 Laurel EC--S 01'20" 004 092 OK 29 08/01 13:15 208 387 6393 EC--S 01'18" 004 092 OK 30 08/01 13:16 ADA CTY DEVELMT G3--S 02'13" 004 092 OK 31 08/01 13:19 208-888-5052 EC--S 01'20" 004 092 OK 32 08/01 13:22 POST OFFICE EC--S 02'17" 004 092 OK ** TX C ~MAT[ ON REPORT ** AS OF AUG (JI '(J3 24 PAGE.a1 CITY OF MERlDIAN DATE TIME TO/FROM mDE MIrvsEe PGS CMDIl STATUS 08/01 12:45., 3810160 EC--S (J2'18" (J(J4 092 OOKK 13 Ee--S e1 ' 19" 004 092 15 08/01 12'49 PUBLIC WORKS OK Ee--s 01'20" 004 092 17 eB/01 12'52 12084664405 OK 18 08/01 12: 54 8841159 EC--S 01' 19" 004 092 19 08/01 12: 55 2088S4(J744 EC--S 01' 19" 004 El92 OK 2" 08/01 12'57 2068467366 EC--S 01'20" 004 092 OK '-' EC--S 01 ' 18" 0(J4 092 OK 21 08/01 12:59 8SB5501 OK 22 e8/01 13: 01 Ll BRARY Ee--s el' 45" 004 092 23 08/01 13:03 92083776449 EC--S 01'18" 01214 092 OK 08/01 13:05 208 388 6924 EC--S 01'43" 004 092 OK 24 EC--S 01' IS" 004 092 OK 25 08/01 13:07 2088886854 26 08/01 13:09 12e84674538 EC--S 01'18" 004 1392 OK 27 08/01 13' 11 895039\:1 EC--S 01 ' 17" 004 092 OK 28 e8/01 13:13 Laurel EC--S 01'20" 804 092 OK 29 00/01 13: 15 208 3B7 6393 Ee--S 131' 18" 504 092 OK G3--S 02'13" e(J4 092 OK 30 08/131 13'16 ADA CTY DEUELMT OK 31 "8/01 13:19 20S-888-5052 EC--S 01'29" 004 892 ~/01 13'22 POST OFFleE EC--S 02'17" 0ia4 092 OK ----~=-------------------------------------------------------------------------------------- ?te.o.se. ?f$i j;y 17~-c fto-6'c6 --lh&.A1tsf CITY OF MERIDIAN CITY COUNCIl. REGULAR MEETING AGENDA Tuesday. August 5, 2003 at 7:00 p.m. City Council Chambers 1. RoIl.call Attendance: _ Tammy de Weerd ~ eill Nary Cherie McCandless Keith Bird - _ Mayor Robert Corrie- 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of July 15, 2003 City Council Regular Meeting: B. Approve minutes of July 15, 2003 Pre-Council Meeting: C. Approve minutes of July 22, Z003 Pre-Council Meeting: D. Findings of Fact and Conclusions of Law for Denial: AZ 03. 002 Request for annexation and zoning of 19,79 aCres from RUT to CoG zones for Callister Development by Dave Callister _ southwest corner of West Overland Road and South Stoddard Road: E. Findings of Fact and Conclusions of Law for Denial: CUP 03- 001 Request for a Conditional Use Permit for a contractor's yard for an excavation company and mini-storage facilities on 5.91 acres for Callister Development by Dave CalliS1er - southwest corner of West Overland Road and South Stoddard Road: F. Findings of Fact and Conclusions of Law for Denial: CPA 03- 001 Request fot a Comprehensive Plan Amendment to change approximately 12.25 acres of the site from mixed-use-neighborhood to commercial for Callister Development by Dave CaUis(er _ southwest corner of West Overland Road and South Stoddard Road; Mtri~""'C"yCo"llCiI"'gcndA- Allgu;t S, 2003 P.~. f 01'4 AU molCtio.!$ p<=<4.lpubl>. ..o<lio!:" .hlU b.,...o P"'f'<'1Y oflllC Ciry of Maidi>>>, M}'U"nt' dainOB a.:cQmmod~tion tOJ' dinblndc.s n:lrn:cd [0 docWl1aHS: .1Dd/(lT wrint pl""~ eout.'lct the Cit)'Cl,tk'. OAleN! 888-44"'1 1C>S148 bourn priOrlD the PI,bU. =;~g. ** TX CONFI Rl.. .. ION REPORT ** AS OF AUG 01 '03 13:35 PAGE. 01 CITY OF MERIDIAN PATE TIME -. TO/FROM MODE MIN/SEC PGS CMNI STATUS o 08/01 13: 25 IDAHO ATHLETIC C EC--S 01' 18" 004 092 OK 0~ 08/01 13:27 ID PRESS TRIBUNE EC--S 01'18" 13134 1392 OK 03 08/01 13:29208888 67013 EC--S 01'18" 004 092 OK 04 08/01 13:33 CHERRY LANE EC--:___~:~~~:_~~~_____~~:____~~_________________ --------------------------------------------- .- 1/ l 17 ~a.Se. ?$i JW ?~'(,. flo-6eu - L-hMlF-S. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, August 5, 2003 at 7:00 p.m. City Council Chambers 1. Rolf-call Attendance: _ TammydeWeerd Cherie McCandless _ Mayor Robert Corrie _ Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of July 15,2003 City Council Regular Meeting: B. Approve minutes of July 15, 2003 Pre-Council Meeting: C. Approve minutes of July 22, 2003 Pre-Council Meeting: D. Findings of Fact and Conclusions of Law for Denial: AZ. 03- 002 Request for annexation and zoning of 19.79 acres from RUT to CoG zones for Callister Development by Dave Callister - southwest corner of West Overland Road and South Stoddard Road: E. FIndings of Fact and Conclusions of Law for Denial: CUP 03~ 001 Request for a Conditional Use Permit for a contractor's yard for an excavation company and mini~storage facilities on 5.91 acres for ~aUistE!r Development by Dave Callister - southwest corner of West Overland Road and South Stoddard Road: F. Findings of Fact and Conclusions of law for Denial: CPA 03- 001 Request far a Comprehensive Plan Amendment to change approximately 12.25 acres of the site from mixed~use-neighborhood to commercial for Callister Development by Dave Callister - southwest corner of West Overland Road and South Stoddard Road: MoridiaJl Cily Council Agenda - Augus! S, l003 hg. 1 of 4 AlllnQlai~\$l'=<:nt<<l at public mecling. ,haU b(come plOpdlYoflbe Ciry of Mtridi:l!1. M}'<Jnc desiring ~ccommod:uion for dl$ilbilitics rd4tod 10 docwncnlS .lIJdlor l1eariug p!~c c()\I!acl!h( Ci1)'C!en.'s Oflice at 8&8.4433 at J~t 4811~um priOrlO dlt public meeting. CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA j . Tuesday, August 5,2003 at 6;00 p.m. City Council Chambers 1. Rollmcall Attendance: __X. Tammy de Weerd X Bill Nary I Cherie McCandless X Keith Bird (J Mayor Robert Corrie 2. Adoption of the Agenda: up jJ-yl? ~ 3. Continued from July 22, 2003 PremCouncil Meeting: Discussion of Locust Grove Overpass Right-of-Way R.eimbursement: (15 minutes*) dt':rCM.-fruv 4. Discussion of Revocation of Conditional Use Permit for Meridian Automotive - Anna Powell: M~1h 11 /ya,h;:b Jxc/Jt;;J (30 minutes"') !:J-. {?-'((.e C4A,.hv:i., J'.e.S.5)~ : J'I--t> ~~ * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Council Agenda - August 5, 2003 Page I of I All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to doeuments and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA / . Tuesday, August 5,2003 at 6:00 p.m. City Council Chambers 1. RoUgcaU Attendance: , ~ Tammy de Weerd ~ Cherie McCandless o Mayor Robert Corrie 2. Adoption of the Agenda: at? jJY'C? V'<,...> 3. Continued from July 22, 2003 Pre-Council Meeting: Discussion of Locust Grove Overpass Rightaof-Way Reimbursement: (15 minutes"') dtrCvtJ",r~ x X , Bill Nary Keith Bird 4. Discussion of Revocation of Conditional Use Permit for Meridian Automotive - Anna Powell: Ik&vlh /? ka-h~ kiln:::) (30 minutes"') fJ-. {?)(.e CM.;f"/e, J'..eS'f?~ : /'Vo de.d;~ '" Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Council Agenda - August 5, 2003 Page 1 of I All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 88&-4433 at least 4& hours prior to the public meeting. August 1, 2003 MERIDIAN CITY COUNCIL MEETING August 5, 2003 APPLICANT Planning & Zoning Department Pre-Council Meeting ITEM NO. if REQUEST Discussion of Revocation of Conditional Use Permit for Meridian Automotive - Anna Powell AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Letter / Correspondence Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. Sharon Smith From: Sent: To: Subject: Sharon Smith Monday, Al!9ust 04, 200311:50 AM 'jgarch@bitsmart.net' August 5, 2003 City Council Agenda Item ~l ~ Revocation eridian Automot CU and the item packet on this matter -- thank you. Sharon 1 Sharon Smith From: Sent: To: Subject: ~ 03Aug05precouncil. doc Sharon Smith Monday, August 04,200311:49 AM 'jgarch@biH;mart.net' August S, 2003 Agenda Per our telephone conversation -- Thank you. Sharon Smitli ;MerUfian City CkrIiJ Ojjice <Pfi.. 888-4433 e>iJ 210 1 MAYOR Robert D. Conie "I J:--.::;!~.. "'';k,~d!V ~.~/Jl"tr~:' ~;" ~~'/~"fti .. oUe;;dl;~~-lY\, IDAHO / .A j/ "'>;';"0 b- ". Q/ ~.\J-r~ -..{ C~~SllltE .11903 LEGAL DEPARTMENT (208) 288-2499 . Fax 288-250J CITY COUNCIL MEMBERS Tammy deWeerd Wilham L. M. Nary Cherie McCandless Keith Bird PARKS & RECREATION (208888-3579 - Pax 898-5501 PUBLIC WORKS (208) 898-5500 -Pax 887-1297 BUILDING DEPARTMENT (208) 887-2211 - Fax 887-1297 PLANNING AND ZONING (208) 884.5533 . Fax 888-6854 July 28, 2003 RECEIVED JUL 2 8 2003 Mr. James Gipson 38 North First Street, P.O. Box 219 Eagle, Idaho 83616 City Of Meridian City Clerk Office Dear Mr. Gipson: This letter is in regard to your letter dated July 15,2003 and our phone conversations on July 7, 2003. In your letter, you discuss two of the details we talked about during those conversations, but I fear that you missed the primary concern of the City of Meridian related to this marter. Currently, Meridian Automotive is an illegal use that is in violation of their Conditional Use Permit (CUP) to operate at its present location, The City gave very specific conditions of approval related to the expansion of the automobile repair business, and very specific consequences if such conditions were not met (i.e., revocation of the CUP). The Council and I will discuss the issue of revoking the CUP at the August 5, 2003 Pre-Council meeting. Regarding your item #1 related to construction of Bower Street I indicated to you that if you had monetary figures associated with such development, it might be good information to provide the City Council at any upcoming meetings and/or hearings. We have an estimate by C-B Contractors, Ioc. in our ftles that indicates the work will cost $17,095; this information was not available at the time of the City Council hearing on the matter. Ido not have any -specific advice on how best to accomplish the construction work; Mr. Nesmith needs to hire a contractor and complete the work. Regarding your item #2 related to the paving requirements associated with the railroad property: I did notify you that I support the use of reclaimed asphalt in parking storage areas. However, I have no authority to waive any of the requirements in the existing approved CUP. I hope this further clarifies the issues and necessary actions on the part of Mr. Nesmith. Please feel free to call me at 884-5533 if you have additional concerns. ~~,~~ Anna Borchers Powell, AICP Planning Director 33 EAST IDAHO. MERIDIAN, IDAHO 83642 (208) 888-4433. Fax (208) 887-4813 - City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 288-1193 JAMES GIPSON ASSOCIATES I architecture 0 planning 38 NORTH FIRST STREET, P.O. BOX 219 EAGLE, IDAHO 83616 phone (208) 939-0236 fax (2G8) 939-0211 July 15,2003 RBOE~D JUt 11 2003 CITY OF MERIDIAN PLANNING & ZONING Ms. Anna Powell, Planning Director City of Meridian 660 East Watertower Lane Meridian, ID 83642 JGA Project No. 0147 MCU-33-96 / CUP 02-004 Meridian Automotive Expansion Meridian, Idaho Dear Ms. Powell : This will confirm our telephone visit of July 7, 2003, as follows: 1) The applicant, John Nesmith of Meridian Automotive, will obtain actual costs for construction of the Bower Street work, and determine the feasibility of this work at this point. 2) The applicant intends to request modification of the condition requiring paving of the "Railroad Property" parking/storage area. Since this is tied to other work which may not be feasible at this point, a new CU application may be necessary. May we request your advice on how to best proceed to accomplish the Bower Street work and allowing use of "reclaimed asphalt" at the Railroad property. Thank you for your assistance with these issues, With best wishes, cc Mr. John Nesmith, Meridian Automotive Mayor Robert Corrie & City Council Mr. Bill Nichols, City Attorney MAYOR Robert D. Come HUB OF TREASURE VALLEY i A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 . Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500 . Fa.x 887-1297 PLANNING AND ZONrnG DEPARTMENT (208) 884-5533 . FAX 888-6854 CITY COUNCIL MEMBERS Tammy deWeerd Keith Bird Chelie McCandless William LM. Nary CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 . FAX (208) 887-4813 City Clerk Office Fax (208) 888-4218 June 10, 2002 Mr. John Nesmith Meridian Automotive and Machine 505 Main Street Meridian, ill 83642 Dear Mr. Nesmith: I am writing to you as a follow up to your recent conditional use permit approval for Meridian Automotive and Machine (File No. CUP02-004) located at 505 Main Street. The approved conditional use permit set forth gUidelines (conditions) for the use of your property, as well as modifying the previous conditions of your original conditional use permit. As you are aware, the westernmost building (addition) on your property does not have a certificate of occupancy. The original conditional use permit issued to you by the Cty for the building prohibited the use of the building without first obtaining a certificate of occupancy. To this day, you have failed to obtain a certificate of occupancy or comply with the conditions of approval for your original conditional use permit. The failure to obtain a certificate of occupancy for the building and lack of compliance resulted in criminal charges being filed against you by the City of Meridian. Following your guilty plea on April 9th, 2001,to the charges of failing to obtain a certificate of occupancy and failure to comply with the conditions of your approved conditional use permit, you were given six (6) months to show the court that you would comply with the approved conditional use permit, and to obtain a certificate of occupancy. Compliance with the conditional use permit required among other things: · The removal of all vehicles and materials from the railroad right-of-way. · Completion of all landscaping, · Construction of a sidewalk on Bower Street. · The removal of all vehicles for sale on the property. · Obtaining a certificate of occupancy for the westernmost building, The installation of some trees appears to be the only attempt on your behalf to comply with the original conditions of approval. In 2002, the City ofML,Jiani, ,eived your request to amend th~ ,ligit.__ conditional use permit to allow the use of the railroad right-of-way, and to place an addition on the east side of your building. The City approved the amended conditional use permit (attached) in May of this year. The amended permit included, but was not limited to, the following conditions: -- . The slatting of the fence installed around the railroad property. (The existing fence was installed without a building permit. A permit will need to be obtained prior to the issuance of a temporary certificate of occupancy). . All conditions of the original conditional use permit (except as modified by the new conditional use permit) are still in effect [paraphrased]. . A surety for all required improvements including paving, landscaping, sidewalks, irrigation, fac;ade improvements etc.., will be required prior to beginning any work on the site [paraphrased]. . All improvements are required to be substantially installed within twelve (12) months of the date of approval ofthe new conditional use permit [paraphrased). Therefore, all work will have to be substantially completed by May 7, 2003. The City of Meridian has not yet received a bond or cash surety for the improvements to be constructed and installed on your property. Additionally, vehicles are still for sale on your property, numerous vehicles are being stored in the railroad right-of-way, the landscaping and associated irrigation has not been completed, there has not been a request for a certificate of occupancy, and there has been no sidewalk installed along Bower Street. In order to avoid further criminal prosecution (probation violation charges), the railroad right-of-way will need to be vacated immediately and the vehicles for sale on site will need to be removed. Relocation of the vehicles to another site within the City Of Meridian is not permitted without prior approval and proper site improvements. When all of the improvements have been installed and constructed for the entire development, the railroad right of way may be used for vehicle storage. Furthermore, a certificate of occupancy (temporary or final) will need to be obtained from the Building Official. Please contact me when you are ready for an inspection and I will arrange the inspection for you with the Building Department. The Building Official will not be able to issue a certificate of occupancy (temporary) to you for your existing building until you provide the aforementioned cash surety for all of the improvements, the railroad right-of-way is vacated and the vehicles for sale are removed from the site. Temporary occupancy can be revoked for failure to continue to comply with the conditions of approval. A final certificate of occupancy can be obtained from the Building Official for the westernmost building and the fac;ade improvements when all of the improvements have been constructed and installed as approved. The City wants to avoid any misunderstanding or confusion concerning the conditions of approval for your amended conditional use permit. Ifthere is any part ofthis letter that is unclear or if you do not understand what is expected of you to comply with your conditional use permit, please feel free to call me at the Meridian Planning and Zoning Department, 884-5533. ~reIY~ ~ (;lt~ :Winnon Planner IT .. --- cc: City Prosecuting Attorney Shari Stiles, Planning Director Daunt Whitman, Building Official , 07/08/2002 12:17 2083755218 CB CONTRACTORS PAGE (ll C"'B,CONTRACTORS~ INC. 2926 S. Jupi,ter Ave Telephone: (208) 562m1103 , Boise, fclal:io 83709 Facsimile: (.208) 582~1104 ESTIMATE DATE; July 8, 2002 'TO: Meridian Automotive & Machine AnN: StevelJohn @ 887..s652 RE:. New Curb, Gutter & Sidewalk@BoWlllrStreet Inctu~ions: Curb. Gutter & Sidewalk wI Two Approaches, Sawcutting, Demolition & ReMoval of work to replace, Manhole Tismin wi Drop Inlet, Traffic Control. Asphalt Patch-back, . ACHD Permit_ Concrete & Asphalt Materials................................$17,095.00 Exclusions: Unknown Conditions, Le. soil, underground, etc., Concrete Pumping, Cures, Sealants & Caulking, Weather Protection & Conditions due to Weather, Permits. Inspections, Fees & Material Testing. " If you have any questions. please call Ernie Corrigan (208) 562-1103 off. or (208) 941-6835 cell. . r.' Western Surety Company Surety Bond Bond No. 22487095 Know All Men By These Presents, That we, John Nesmith as Principal(s), and WESTERN SURETY COMPANY, P.O. Box 1068 Houston, Texas 77251-1068, a South Dakota Corporation authorized to transact surety business in the State of Idaho, as Surety, are held and firmly bound unto City of Meridian as Obligee, in the penal sum of Twenty Thousand Dollars and No/IOO's ($20,000.00) DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has applied to the Obligee to New Curb, Gutter & Sidewalk @ 505 N. Main St. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the said Principal(s) shall comply with all applicable Ordinances, Rules and Regulations, and any Amendments thereto, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, That the aggregate liability of the Surety hereunder for any and all claims presented shall not exceed the penal sum of this bond. PROVIDED, FURTHER, HOWEVER, That this bond shall continue in force until canceled by Surety giving 30 days written notice to Obligee and Principal of its intention to terminate its liability hereunder. SIGNED AND SEALED this 22 day of July, 2002. ,........-',.......-...-"\ POWER OF ATTORNEY [(now All Men by These Presents: Clrrevoeable) BOND No. SP- 22487095 A A by the approvi ng That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached )fficer if desired. That Western Surety Company, a corporation, does hereby make, constitute and appoint the following T H R EEl 3 I authorized individuals: AUTHORIZED INDIVIDUALS , State of , with limited authority, its true and fuB power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the the City of R n T S F wful Attorney(s) in fact with 110wing described bond: ONE BID PERFORMANCE, AND/OR PAYMENT BONO PROVIDING THE BOND PENALTY DOES NOt EXCEED SEVEN HUNDRED FIFTY THOUSAND AND NO/IOD DOLLARS <****750 000.00). ~*******!*********~***~*************~********************************* ~*********************~************~********************************** ~********************************************************************* The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of t'i ARC H 3 1 , 20 I) 6 ,but until such time shall be irrevocable and in full force and effect. >TERN, suRETY C()MPANY further eerlifies Umt the following is a true and eXact copy of Section 1 of the By-Laws of Western Surety Company, duLy adopted and now >rce: ' W\vi!,' "Section? Ali bonds, polides. undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company lie' President, Secretary, 'irny, Assistant Sec,etary, Treasurer, 0' any Vice President. or by such other officers as the Boord of Directors may authorize. The President, ony Vice ident, Seerelllry, any Assislimt Secretary, or the Treasu,er may oppoint Attomeys in Fact or Agents who shall have authority to issue bonds, polleies, or undertakings in Ihe , of the Company; The corporate seal is nol oeeessary for lhe validity of any bonds. polldes, undcrlakings, Powers of A Itomey or other Obligations of the corporation, The ilure of any such officer aniln'e corporate seaL may be prinled by facsimile: he peual amount of' the bOnd ,herein described may be increased if there is altached to this Power, wrillen authority so authorizing in the form of an endorsement, letter or ram signed by the Senior Undcrw,iting Orncer, Underwriting Officer, President, Vice President, Assistant Vice President. T,easurer, Secretary 0, Assistant Secretory of Western :y Company specifically autho,lzing soid increase. N WITNESS WHE(l.Eqr. Weslern Surety Company h.. causod these prosenls to be e.couted by ils P,esidenl with ils corporate seal affixed Ihis April', 1997 8th WESTERN SURETY COMPANY ~preZ: 4- By )f I.TE OF SOUTH DAKOTA} SS, UNTY OF MINNEHAHA 8th April 1997 On Ihis day of , in the year , before me, a Notary Publio, personally red Stephen T. Pate, who being by me duly sworD, ack nowledged that he signed lhe above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and wledged said instrument to be the voluntary oel and deed of said eo,poration. ----.-3. r' '-";:"T=~"'''''''''''''J~ ~ NOTARY PUBLIC ~ ~ SOUTH DAKOTA ~ : ~~ ~~~~~?n~ ~):f2r:l.,t.t~&,~ ~ . i"'~~"'-:;"":l'"':i"':l-~ _ .. .-~.~.... ..~ I, the undersigned officer of Western Sure'y Company. a slock corporation of the State of South nakota, do hereby certify that the attached Power of Attorney is in full force feet and is irrevocable: and furthermore, Ihat Section 7 of the By-Laws of the company.. sel forlh in the Power of Attorney, is now in fo,ce, Notary Public, South Dakota In testimony whereor, T have hereunlo sel my hand and the seal of Western Surety Company this. [PORTANT: This date must be filled in before it is attached the bond and it must be the same date as the bond. By 22 WESTERN SURETY COMPANY ~re::4 day of July 2002 '49-4-97 NOTICE: This bOlder ll1u;e;t hA BLUE. Jf jt !!';; nnt RLl IF. lilt;;;. l~ nnt ~ r:.ArtitiArl r.onv -----bo- CITY OF MERIDIAN PRE~COUNCIL MEETING AGENDA j . Tuesday, August 5,2003 at 6:00 p.m. City Council Chambers 1. RolI~caU Attendance: ~ Tammy de Weerd X Bill Nary ~ Cherie McCandless I Keith Bird o Mayor Robert Corrie 2. Adoption of the Agenda: aFj/y7:?v<,.> 3. Continued from July 22, 2003 Pre-Council Meeting: Discussion of Locust Grove Overpass Right-af-Way Reimbursement: (15 minutes*) dr':rC-vtJr.~ 4. Discussion of Revocation of Conditional Use Permit for Meridian Automotive - Anna Powell: M~lh /? ka-h.;;& IJeclJt~ (30 minutes*) fJ-, I?'i..e C4.1/f"/e,. J'...z.3'f;1l:7;'" : I1A> de.c.:~ f< Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Counoil Agenda - August 5, 2003 Page 1 of 1 AU materials presented at public meetings shall become property of the City of Meridian. Anyone desiring aooonunodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. August 1, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT Pre-Council Meeting August 5, 2003 ITEM NO. ;3 REQUEST Continued from July 22,2003 Pre-Council Meeting: Discussion of Locust Grove Overpass Right-of-Way Reimbursement: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Minutes Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. .. .:! ,J ...~< C; ~~ ~ l-" Q I ~~ ~<L ~ Q ;;J ~ ~ o r:: Q Ai ! F= ~) frl ~,,~a utO ~ o>~L\.. :r;:ocz::'; o"'zo('\l' <t' C)"~ i= ~ F- ~ (J ~{ en w W ; ;:)>0 1 uo~ o W ...J I-':" , Z "";"'" Meridian City Pre-Council M........tlng July 22, 2003 Page 2 of 18 hold off and maybe Keith could be here. He was the one that would like to hear that. Item 4. Discussion of locust Grove Overpass RightftofftWay Reimbursement: Corrie: We can have the discussion of the Finance Report. Nary: Mr. Mayor. Corrie: Yes. Nary: Before we do that thought I know Mr. Mills is here and I wandered if - all I was going to ask him a question was is there a particular person from ACHD that might want to be here for that discussion about the right of way. We'll set it over to next - well two weeks. Yourself is fine but if you think there is someone else more appropriate would you - Mills: We certainly can I'm not exactly sure what the questions are. Certainly if I knew what those were I could either answer them or take them back. Nary: Maybe take them back because what we'll do is we'll probably set it over like I said for a couple of weeks. We had asked at our Joint Meeting for information as to which pieces of property have already been purchased with the money that was set aside for that project from the city. Mills: Okay and- Nary: And we had some questions about some of the properties. Basically, how do they fit in the criteria that we had set up for that? Is that a fair statement? De Weerd: Yes. Nary: So I don't know if there is a particular person from ACHD that's - I remember the gentleman knows the project manager that sort of stood up while we were there and I don't remember his name. I don't know if he should be here to have that conversation with. Mills: It's possible. My limited knowledge is that there are three different projects between Franklin and Overland and that you're being charged right of way for all three of those projects, which includes the Overland Locust Grove Intersection. Then the project that would be from Overland up to 500 feet north up near Bentley I guess that would include the overpass then one from Bentley onto Franklin. My understanding is you're being charged for right of way purchased on all three of those projects. From what I-I have a copy of the agreement and it's a bit nebulas in whatever the word is. I guess it says that it's between Franklin Road to Overland Road parenthesis and 1-84 Overpass. Is there a Meridian City Pre-Council M,,_,mg July 22, 2003 Page 3 of 18 question about that about whether you should be being charged for something other than the overpas~_project itself or that's really, what the question is? Nary: Yes, the document that we received had identified some properties that at least one particularly I think was on Franklin Road I can't recall. De Weerd: Probably both. Nary: Yes but it was really fronting Overland and not part of the Locust Grove project. Mills: It wasn't fronting locust Grove it was just on Overland. It wasn't on a corner or something like that? Nary: Right. Mills: Okay. Corrie: One of them was the purchasing fronts Overland Road which could be part of the intersection improvement. That was still (inaudible) about that. Mills: Okay. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I guess it was my impression first that our 1.8 million dollars would be used for the Locust Grove Overpass not the intersections but the overpass. We just want some clarity on that and I believe our Public Work's Director had also brought in question a couple of properties that were being asked for reimbursement. I totally agree with him. Mills: Well now I understand what your questions are. Probably it would be better if I bring someone along that can explain it or at least get all the answers for you or bring that to you or send it in a letter form. That's my understanding. You're more concentrated on the overpass not necessarily the other. Corrie: And we can have that continued to August the 5th. Would that give you enough time to - Mills: Sure or even a week is fine. Corrie: We won't be here. Mills: You won't be meeting next week anyway so that's fine. j i Meridian City Pre-Council Mb-:.tlng July 22, 2003 Page 4 of 18 Corrie: He won't be here then and I won't be here the 5th but I don't count anyway. De Weerd: Where are you, you haven't asked for permission. Corrie: Yes I did she said okay. De Weerd: Oh, your wife. Mills: Well I'll get the answers for you. De Weerd: Oh sorry the higher authority. Corrie: Okay thank you. Anything further Mr. Nary? Nary: No I just thought we would get that taken care of this week. Item 5. Discussion of finance Report: Corrie: Stacy do you want to go and then put him last? Kilchenmann: I think we've discussed numbers enough in the last few days so I don't have too much to add to the revenue discussion we already have. I went through all the expenses and it looks like we're going to come in fine. With the hold back we did, we should be in good shape expense wise. I did look to see if we could restore the hold back for the city hall and I think we can. We will have savings in prosecution expense of 54,000 dollars and we have a line item in other government called advertising and promotional that we haven't used which we could probably also use that for volunteers to do something. Will and I talked about doing something for the volunteers out of that. Then you have about 28,000 dollars left in the Council professional services budget so you would be okay to go with that. 1 printed out for everyone the email I sent you with this summary from the budget workshop just in case you don't have a printer handy or whatever. De Weerd: I think (inaudible). Kilchenmann: Are there any questions? Corrie: I don't have any right now. De Weerd: I certainly appreciate you looking into that for the update. Kilchenmann: If there aren't any more questions then we'll let Terry take over. ItemS. Web Page Demonstration by IT Department: BEFORE THE MERIDIAN CITY COUNCIL C/C OS/20/03 C/C 06~03-03 IN THE MATTER OF THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 397.11 ACRES ) FOR PROPOSED PARAMOUNT ) SUBDIVISION, LOCATED WITHIN ) THE SQUARE MILE OF CHINDEN ) ROAD, MERIDIAN ROAD, ) McMILLAN ROAD, AND LINDER ) ROAD, MERIDIAN, IDAHO ) ) PARAMOUNT, LLC, ) APPLICANT ) Case No. Az..03-006 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA TION AND ZONING The above entitled annexation and zoning application having come on for public hearing on May 20,2003, and continued until June 3,2003, at the hour of7:00 p.m., and Anna Powell Planning Director for the Planning and Zoning Department, Brad Watson of the Public Works Department, Mike Wardle, JoAnn Butler, Brian McColl, Ken Aschenbre1U1er, Becky McKay, Greg Johnson, David Turnbull, and Bruce Mills, appeared and testified, 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. There has been compliance with all notice and hearing requirements set forth in Idaho Code 99 67-6509 and 67-6511, and Meridian City Code S~ 11-15-5 and 11-16-1. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDNISION (AZ-03-006) PAGE 1 OF 37 2. The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02~382, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject ofthe application for annexation and zoning is described in the application, is approximately 397.11 acres in size and is located within the square mile of Chinden Road, Meridian Road, McMillan Road and Linder Road, Melidian, Idaho, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 4. The owners of record of the subject property are: Ron and Becky Hanks, 5120 N. Linder Road, Meridian, Idaho 83642 (Parcel No. s0425336040), Sheridan Kooyers, 5940 N. Linder Road, Meridian, Idaho 83642 (Parcel No. s0425233800 and Parcel No. s0425233875), Meridian Joint School District No.2, 911 N. Meridian Road, Meridian, Idaho (Parcel No. 80425325460), Paramount, LLC, 12426 W. Explorer Drive, Suite 220, Boise, Idaho 83713 (Parcel No. s0425110100, Parcel No. s0425120605, Parcel No. s0425141825, Parcel No. s0425141900, Parcel No. s0425233605, Parcel No. s0425233690, Parcel No. s042523391O, Parcel No. s0425325470, and Parcel No. s0425336080), and Dwaine and Sharon Wolfe, 4895 N. Meridian Road, Meridian, Idaho 83642, (Parcel No. s0425131750, Parcel No. s0425417200, and Parcel No. s0425427800). Applicant is Paramount, LLC, 12426 W. Explorer Drive, Suite 220, Boise, Idaho 83704. 5. The property is presently zoned RUT and Rl (Ada County), and consists of vacant FINDlNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDNISION (AZ-03 -006) PAGE 2 OF 37 land. 6. The Applicant requests the property be zoned as R-8 (Medium Density Residential), R-40 (High Density Residential), L-O (Limited Office), and C-G (General Retail and Service Commercial). 7. The subject property is bordered to the north by rural residential (zoned RUT and Rl, Ada County), to the south by rural residential (zoned RUT, Ada County) and the proposed Cedar Springs North Subdivision (zoned R-8), to the east by rural residential (zoned RUT, Ada County), and to the west by the Lochsa Falls Subdivision (zoned R-4) and several rural residential properties (zoned RUT, Ada County). 8. The Applicant proposes to develop the subject property in the following manner: Planned Development consisting of 764 single-family building lots, 73 townhouse lots, 270 apartments, 4 mixed-use areas with approximately 577,606 s.f. of office and retail space, and 32 common lots on 392.17 acres in proposed R-8, R-40, L-O and C-G zones. 9. The Applicant requests zoning ofthe subject real property as R-8, R~40, L-O and C-G, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Low Density Residential, Medium Density Residential, and Mixed Use - Neighborhood. 10. There are no significant or scenic features of major importance that affect the consideration of this application. 11. The City Council recognizes the concerns ofCapt. Bill Musser, Meridian Police Department in a memo dated March 19,2003, and Wendel Bigham, Joint School District No.2, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 3 OF 37 expressed in his letter dated February 12, 2003, and the concerns of Robert C. Rhead expressed in his letter dated May 19, 2003. 12. Giving due consideration to the comments 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 ifthe following conditions of development are imposed: A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: ANEXA TION AND ZONING CONDTIONS OF APPROVAL 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 2. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. Iflateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 3. A Development Agreement shall be entered into between the Developer and the City of Meridian that will require, among other conditions, that all future commercial, townhouse, and multi-family uses obtain conditional use permit approval prior to development, the construction ofthe multi-use pathway, and limiting Lots 1~13, Block 32, Lots 1-12, Block 33, Lots 1-12 Block 34 and Lots 1-13, Block 35 to attached and townhouse construction only and limiting Lots 1-13 Block 30, Lots 1~2 Block 31, Lots 1-12 Block 36, and Lots 1-13 Block 37 to one dwelling per lot. 4. The applicant shall negotiate with the City of Meridian as to the location of a permanent easement and temporary construction easement through the project to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTINU APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 4 OF 37 Meridian Road for the North Slough Sewer Trunk after the Preliminary Plat approval. (Per the action of the City Council taken at their June 3, 2003 meeting.) 5. The applicant shall remove Lot 57, Block 3 from the legal description (the SQUthV/6St comer oftha subdi'Jision) because it does not meet tl1e minimum findings for an "cxcoptcd" use (!\:fee 12 6 3). !... fe'Jised legal description for the development shall bo submitted to tho Public 'Narks Department for re'.'imv, prior to approval. (Deleted per action of the City Council taken at their June 3,2003 meeting.) B. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approval 1. The applicant shall do one of the following requirements for Meridian Road: a. Dedicate by donation an additional lO-feet of right-of-way along Meridian Road, and construct a minimum 5~foot wide concrete sidewalk along Meridian Road, located a minimum of2S-feet from the centerline ofthe right-of-way. b. Do not dedicate additional right~of-way, but construct a minimum 5-foot wide concrete sidewalk along Meridian Road, located a minimum of 28-feet from the centerline ofthe right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of~way, but construct a minimum 5-foot wide concrete sidewalk along Meridian Road, located at the back edge of the existing right-of~way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. The applicant shall do one ofthe following requirements for Linder Road: a. Dedicate by donation an additional 23-feet of right-of-way along Linder Road, and construct a minimum 5-foot wide concrete sidewalk along Linder Road, located a minimum of 41-feet from the centerline ofthe right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Linder Road, located a minimum of 41-feet from the centerline ofthe right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Under Road, located at the back edge of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDMSION (AZ-03-006) PAGE 5 OF 37 existing right~of-way. Accomplish all necessary adjustments to properly accommodate eXisting drainage and utilities. 3. The applicant shall do one of the following requirements for McMillan Road: a. Dedicate by donation an additionallO-feet of right-of-way along McMillan Road, and construct a minimum 5-foot wide concrete sidewalk along McMillan Road, located a minimum of2S-feet from the centerline of the right-of- way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along McMillan Road, located a minimum of28-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along McMillan Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 4. Construct West Studio Drive to intersect North Meridian Road approximately 1,300-feet north of McMillan Road, as proposed. 5. Construct West Producer Street to intersect Meridian Road approximately 2,470- feet north of McMillan Road, as proposed. 6. Construct West Director Street to intersect Meridian Road approximately 960-feet south of Chinden Boulevard, as proposed. 7. Construct West Paramount Drive approximately 2,420-feet south of Chin den Boulevard to align with West Cayuse Avenue (a main entrance that was approved on May 22, 2002 as a part of Lochsa Falls Subdivision), as proposed. 8. Construct West Studio Drive to intersect McMillan Road approximately 1,260- feet west of Meridian Road, as proposed. 9. Relocate the intersections of West Dreyfus Street/Producer Avenue and the North Lange AvenuelProducer Avenue to provide a minimum offset of 125-feet (measured from centerline to centerline). 10. Construct: · North Cinema Way (from Chinden Boulevard to West Director Street), · West Director Street (from Meridian Road to North Cinema Way), FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDNISION (AZ-03-006) PAGE 6 OF 37 @ West Producer Street (from Meridian Road to North Mitchum Avenue), @ West Stutlio Drive (from Meridian Road to McMillan Road) and G West Paramount Drive (from Linder Road to North Arliss Avenue) as 40-foot street sections with vertical curb, gutter and 5-foot attached concrete sidewalk within 54-feet of right-of-way. 1 L Construct: @ West Paramount Drive (from North Arliss Avenue to NOlth Cinema Way), @ North Bergman Avenue (from West Paramount Drive to the north property line), 61 North Cinema Way (from West Director Street to West Colbert Street), e North Chaplin Drive (from North Cinema Way to North Cinema Way), " West Gable Street (from North Cinema Way to West Producer Street) and · West Producer Street (from North Mitchum Avenue to North Hopkins A venue) as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalk, as proposed. 12. Construct the remainder ofthe internal roadways as 33-foot street sections with curb, gutter, 5~foot attached concrete sidewalk and parking on both sides ofthe roadway within 50-feet of right-of-way, as proposed. Submit documentation showing the review and approval from the Meridian Fire Department. 13. Extend North Wayman Avenue as a stub street to the south property line approximately 1,900~feet west of Meridian Road, as proposed. Install a sign at the terminus ofthe roadway stating that, ITTHIS ROAD WILL BE EXTENDED IN THE FUTUREtI. 14. Extend North Cinema Way as a stub street to the south property line approximately 2,050-feet east of Linder Road, as proposed, Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTUREIT. 15. Extend North Bergman Avenue as a stub street to the north property line approximately 1,220-feet east of Linder Road, as proposed. Install a sign at the terminus of the roadway stating that, '1THIS ROAD WILL BE EXTENDED IN THE FUTURE II , ***See Finding for Consideration B item #7. 16. Extend North ArIiss Avenue as a stub street to the north property line approximately 820-feet east of Lindef Road, as proposed. Install a sign at the terminus of the roadway stating that, ITTHIS ROAD WILL BE EXTENDED IN THE FUTURElf. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 7 OF 37 17. Provide access to West Producer Street (by a stub street or by shifting the roadway to the north) for the undeveloped parcels located directly to the north (the Packard and Mastropaolo properties). 18. Construct a 16-foot wide residential alley between West Oliver Street and West Peck Street and West Studio Drive and West Producer Street, as proposed. Improve the alley its full width and provide a minimum of back- of-curb radius of 15-feet at all alley intersections. Parking shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22- feet for perpendicular parking. Any access to an alley shall be located a minimum of 25-feet from the nearest public street. Parking in the alley is prohibited. 19. Construct a 16- foot wide residential alley between West Poi tier Street and West Peck Street and West Studio Drive and West Producer Street, as proposed. Iimprove the alley its full width and provide a minimum of back- of-curb radius of 15-feet at all alley intersections. Parking shall be designed so the minimum clear distance from the back of the parking stall to the opposite side ofthe alley is 22-feet for perpendicular parking. An access to an alley shall be located a minimum of 25-feet from the nearest public street. Parking in the alley is prohibited. 20. Construct three roundabouts within the public right-of-way, as proposed. · On West Director Street (mid way between Meridian Road and North Cinema Way) · At the intersection of Chaplin Street and North Dietrich Avenue · At the intersection of Cagney Street and North Dietrich Avenue The roundabouts shall be designed with a minimum of a 21 ~foot street section on either side of the center islands. The applicant will be required to dedicate sufficient right-of-way on either side of an island. Coordinate the size and design of the roundabouts with traffic services staff. 21. Do not construct a roundabout at the intersection of North Bergman Avenue and Bacall Street unless a temporary turnaround is constructed at the terminus of North Bergman Avenue or North Bergman A venue will be extended at the time that this portion of the preliminary plat is final platted. 22. Construct one knuckle with an island in the center, as proposed. Construct the island to be a minimum of 4-feet wide with a minimum area of 1 DO-square feet and designed to safely charmel traffic. The roadway around the traffic island shall maintain a minimum of a 29-foot street section. The design shall be reviewed and approved by ACHD's Traffic Services staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 8 OF 37 23. When the District receives a formal application fOT the multi-family use and/or the commercial use, the District will review and approve driveway locations in accordance with the policies and guidelines that are in effect at that time. The District's current policies are provided for informational purposes only and can be found in Findings for Consideration #9 on pages 13 and 14 of this report. 24. Construct a number of islands within the public right-of-way, as proposed. Maintain minimum ofa 21-foot street section on eitheT side ofthe center islands. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat 25. Construct a southbound left turn lane on Linder Road at the West Paramount Drive/Linder Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 st residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 26. Construct a northbound right turn lane on Linder Road at the West Paramount Drive/Linder Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 st residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 27. Construct an eastbound left turn lane on McMillan Road at the West Studio Drive/McMillan Road intersection, as recommended by the submitted traffic impact FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 9 OF 37 study. Prior to submittal of the final plat for the 201 st residential lot, or the platting of the first non-residentiallot,-whichever comes first, ACHD staffshall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 28. Construct a westbound right turn lane on McMillan Road at the West Studio Drive/McMillan Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 st residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate wan-ants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 29. Construct a northbound left turn lane on Meridian Road at the West Studio Drive/Meridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 20lst residential lot, or the platting of the first non~residentiallot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 30. Construct a southbound right turn lane on Meridian Road at the West Studio Drive/Meridian Road intersection, as recommended by the submitted traffic impact study. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING P ARA110UNT SUBDIVISION (AZ-03-006) PAGE 10 OF 37 Prior to submittal of the final plat for the 20151 residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall detennine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 31. Construct a northbound left turn lane on Meridian Road at the West Producer Street/Meridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 20151 residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal ofthe final plat, so that the platting process is not delayed, or major revisions required. Further analysis maybe required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 32. Construct a southbound right turn lane on Meridian Road at the West Producer Street/Meridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 5t residential lot, or the platting ofthe first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the fmal plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 33. Construct a northbound left turn lane on Meridian Road at the West Director StreetIMeridian Road intersection, as recommended by the submitted traffic impact study. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 11 OF 37 Prior to submittal of the final plat fOT the 201 st residential lot, or the platting of the first non-residential lot, whiehever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes 011 the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as detennined by ACHD staff, to make certain the turn lanes are constructed as needed. 34. Construct a southbound right turn lane on Meridian Road at the West Director Street/Meridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 st residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall detelmine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major Tevisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 35. Construct a westbound right turn lane on West Studio Drive at the West Studio DrivelMcMiHan Road intersection, as recommended by the submitted traffic impact study. 36. Construct an exclusive eastbound left turn lane on West Studio Drive at the West Studio DrivelMcMiIlan Road intersection, as recommended by the submitted traffic impact study. 37. Construct an exclusive northbound left turn lane on West Studio Drive at the West Studio DrivelMeridian Road intersection, as recommended by the submitted traffic impact study. 38. Construct an exclusive southbound right turn lane on West Studio Drive at the West Studio DrivelMeridian Road intersection, as recommended by the submitted traffic impact study. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDNISION (AZ-03N006) PAGE 12 OF 37 39. Construct an exclusive northbound left turn lane on West Producer Street at the West Producer Street/Meridian Road intersection, as reconunended by the submitted traffic impact study. 40. Construct an exclusive southbound right tum lane on West Producer Street at the West Producer Street/Meridian Road intersection, as recommended by the submitted traffic impact study. 41. Construct an exclusive northbound left tum lane on West Director Drive at the West Director DrivelMeridian Road intersection, as recommended by the submitted traffic impact study. 42. Construct an exclusive southbound right turn lane on West Director Drive at the West Director DrivelMeridian Road intersection, as recommended by the submitted traffic impact study. 43. Construct an exclusive northbound right turn lane 011 West Paramount Drive at the West Paramount Drive/Linder Road intersection, as recol1Ullended by the submitted traffic impact study. 44. Construct a combined through/southbound left turn lane on West Paramount Drive at the West Paramount Drive/Linder Road intersection, as recommended by the submitted traffic impact study. 45. Submit District a letter from ITO regarding the said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 46. Other than the access points specifically approved with this application, direct lot access to Meridian Road, Linder Road and McMillan Road is prohibited unless otherwise approved by the Ada County Highway District. These restrictions shall be noted on the final plat. 47. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDMSION (AZ-03-006) PAGE 13 OF 37 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. 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. 6. 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. 7. 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. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the tight-of~way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800- 342-1585) at least two full business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. 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 ofthe Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the plarmed use ofthe property which is the subject of this application, shall require the applicant to comply with all rules, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONmG PARAMOUNT SUBDNISION (A.Z~03-006) PAGE 14 OF 37 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. C. Adopt the Reconunendations of the Meridian Fire Department as follows: 1. The project which comprised of single family dwellings will require a fire-flow of I ,000 gallons per minute available for duration of2 hours to service the entire proj eeL Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Acceptance ofthe water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. The proposed fire hydrant locations will be submitted to the Public Works for plan review. 4. AU roads and fire lanes shall have a turning radius of28' inside and 48' outside. 5. Operational fire hydrants and temporary or pennanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 6. Two points of access will be required for the project or portions ofthe project that serve over 50 homes. This will be a concern the way the project is phased in the early stages .of development. 7. Commercial and office occupancies will require a fixe-flow consistent with the Unifonn Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 8. Multi-family residential on the site will require a fire-flow of 1500 GPM plus the amount required by the fire sprinkler demand. 9. All access roads within the project shall have a clear driving surface with a minimum width of20' available at all times. Restricted parking on some streets and access points to fue lanes may be required to maintain a clear emergency access which is 20' wide. UFC 902.2.2.1 10. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a approved turn around. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 15 OF 37 11. The proposed 1107 unit subdivision with an estimated 2.9 residents per household would have a total estimated population of 3,210 residents at build out. This will generate an estimated 133 calls for service based on historical trends. The commercial, schools and churches will have an unknown transient population and will have an unlmown impact on Meridian Fire Department call volumes. TIle Meridian Fire Department has experienced 2069 responses in the year 2000 and 2251 calls for service in 2001. According to a report completed by Fire & Emergency Services Consulting Group in February of2000 our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 12. The proposed project lies on the edge of the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 13. It is requested that building separations be maintained per the Building Code in Blocks 32,33,34,35,30,31,36,37 to reduce the possibility of fires being transmitted from house to house. D. Adopt the Recommendations of Settlers' Irrigation District as follows: 1. That all irrigation/drainage facilities along with their easements be protected and continue to function as such. The laterals involved are the North Slough #2, North Slough, Knight, Lemp, Harrell, Wolf, and Bisby. 2. A license agreements will need to be signed and recorded prior to construction of any irrigation facilities. 3. All Storm drainage must be retained on-site. 4. Any changes to the existing irrigation system must be approved by Settlers Irrigation District. 5. The development must supply irrigation access to all lots within the above-mentioned subdivision. Ifthe developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system and agreements needs to be in place prior to the pre-construction meeting. 13. It is found that the requested zoning designations, R-8, R-40, L-O and C-G are in FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 16 OF 37 general compliance with the effective Comprehensive Plan ('02) and the Future Land Use Map, which designates the land to be "Medium Density Residential" and "Mixed Use Neighborhood". The proposed multi-family and commercial zoning within the subdivision are pennissible under the excepted land use provisions of the MCC (12-6-3). The adopted Comprehensive Plan does not address the issue of "excepted" land uses. The City adopted the Planned Development Ordinance providing for "excepted" uses approximately 2 years prior to the adoption of the current Comprehensive Plan. The Comprehensive Plan also designates a community park and a school site within the proposed subdivision boundaries. A park has not been provided by the applicant within the project; however, the applicant has provided a 55-acre high school site and a 10-acre elementary school site within the subdivision. The Comprehensive Plan also indicates that the subject property should have a "Multi-Use" pathway running east-west through the middle of the proposed subdivision and the applicant has provided a pathway in compliance with the Comprehensive Plan. Page 54 ofthe Comprehensive Plan addresses the issue ofpathways and states that they should be in compliance with the Parks and Recreation Comprehensive Plan (not yet adopted) and that the pathway should be located "off street", Review of the Parks Department comments shows the Departments concerns for the subdivision. 14. It is not anticipated that the applicant intends to rezone the subject property in the future. 15. It is found that the proposed single family residential subdivision with commercial and multi-family uses would be allowed within the requested zoning designations, if accompanied with a Conditional Use Permit for a Planned Development to allow the excepted land uses. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONIN"G PARAMOUNT SUBDMSION (AZ-03-006) PAGE 17 OF 37 16. It is found that the land to the east (Lochs a Falls) and south (Cedar Springs North) of the property has recently been approved for development similar to the proposed subdivision. It is found that the requested zoning designations are harmonious with several recently approved developments in the North Meridian Area and should be rezoned ill the requested manner. 17. It is found that the proposed uses (single family residential, commercial office, and public schools) will inevitably change the existing rural character of the subject property. The proposed uses are compatible with the Comprehensive Plan and the Future Land Use Map in accordance with MCC 12~6-3 (Excepted Uses). It is also found that the southwest corner of the development, Lot 57, Block 3 is not well integrated to the remainder of the development and does not comply with the required findings for "excepted" uses. 18. It is not anticipated that the proposed residential uses will be hazardous, however, it is found that the excepted uses may be disruptive to future or existing neighbors. 19. It is found that the property to be annexed will be served adequately by all essential public facilities and services if all conditions of approval are met by the applicant. Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties. The applicant must meet all requirements of ACHD in order to provide adequate facilities for the proposed and existing street system. Approval for the proposed subdivision cannot be recommended if the applicant does not meet ACHD requirements. Review of the ACHD, Police and Fire Department's comments concerning this subdivision will provide further information regarding public services and facilities. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03~006) PAGE 18 OF 37 20. It is found that there will not be excessive additional requirements at public cost and for public services and facilities, if the applicant complies with the conditions of approval for the accompanying conditional use permit and preliminary plat applications. 21. The fact is noted that traffic and noise will increase significantly upon build-out of the proposed subdivision; however, it is not felt that the amount generated will be detrimental to the public welfare of the city if all conditions of approval are met. It is found that the proposed subdivision will not involve uses that would create other nuisances that would be detrimental to the general welfare of the sU1Tounding area. 22. It is found that the subdivision's vehicular approach off of Chinden Boulevard will need to be aligned with the existing public street (N. Fox Run Ave.) on the north side of Chin den Boulevard, or that it will need to be relocated elsewhere, in accordance with ACHD and ITD comments. If the roadway calU10t be re-aligned with the existing public road, the intersection will not meet off-set requirements and will never be considered for a traffic light. The other proposed , roadways will need to be improved in compliance with ACHD requirements in order to alleviate interference with the existing and proposed intersections. Review ACHD comments concerning vehicular approaches and traffic generation. 23. It is found that no natural or scenic features of major importance will be lost or damaged by approving the annexation and re-zone. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03~006) PAGE 19 OF 37 24. It is found that services are available to the site and that the inclusion of a new elementary school and high school within the subdivision makes the annexation of this property in the best interest ofthe City. 25. 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. 12, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 26. It is also found that the development considerations as referenced in Finding No. 12 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 ofthe 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. CONCLUSIONS OF LAW 1. The City of Meridian has authority to aooex real property upon written request for alUlexation 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 g 11-16 provides the City may alU1ex real property that is within the Meridian Urban Service PlalU1ing Area as set forth in the City's Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDNISION (AZ-03-006) PAGE 20 OF 37 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 the Amended Comprehensive Plan City of Meridian adopted August 6,2002, Resolution No. 02-382. 4. The following are found to be pertinent provisions ofthe City of Meridian Comprehensive Plan and are applicable to this Application: Goals 1 through 10, inclusive. 5. The zoning of (R -8) Medium Density Residential, (R -40) High Density Residential, (L-O) Limited Office, and (C-G) General Retail and Service Commercial ar-e defined in the Zoning Ordinance at S 11-7-2 D, F, G and K as follows: (R.-8) Medium Density Residential District: The purpose of the R -8 District is to pennit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into tow-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems ofthe City is required. (R.-40) Hi2h Density Residential District: The purpose of the R~40 District is to permit the establishment of high density residential uses at a density not exceeding forty (4) dwelling units per acre. Connection to the Municipal water and sewer systems of the City is required. (1.-0) Limited Office District: The purpose of the L-O District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District. The L-O District is designed to act as a buffer between other more intense nonresidential uses and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDNISION (AZ-03-006) PAGE 21 OF 37 high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system-of the City is a requirement in this District. (C~G) General Retail and Service Commercial District: The purpose of the C-G District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation ofland. See Burt vs. The City ofIdaho 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, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section 11-16-4 A ofthe Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. 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 397.11 acres to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDMSION (AZ-03-006) PAGE 22 OF 37 Medium Density Residential (R-8), High Density Residential (RAG), Limited Office (L-O), and General Retail and Service Commercial (C-G) are granted subject to the tenus and conditions of this Order hereinafter stated. 2. The application is for alUlexation and zoning of397.11 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, 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. Developer shall be required to met the conditions set forth and in the event the conditions herein 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: A. Adopt the Recommendations ofthe Meridian Planning & Zoning Department as follows: ANEXA TION AND ZONING CONDTIONS OF APPROVAL 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 2. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing Of lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. Iflateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 3. A Development Agreement shall be entered into between the Developer and the City of Meridian that will require, among othef conditions, that all future commercial, townhouse, and multi-family uses obtain conditional use pelmit approval prior to development, the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING ,APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDMSION (AZ-03-006) PAGE 23 OF 37 construction of the multi-use pathway, and limiting Lots 1-13, Block 32, Lots 1-12, Block 33, Lots 1-12 Block 34 and Lots 1-13, Block 35 to attached and townhouse construction only and limiting Lots 1-13 Block 30, Lots 1-2 Block 31, Lots 1-12 Block 36, and Lots 1-13 Block 37 to one dwelling per lot. 4. The applicant shall negotiate with the City of Meridian as to the location of a permanent easement and temporary construction easement through the project to Meridian Road for the North Slough Sewer Trunk after the Preliminary Plat approval. (Per the action of the City Council taken at their June 3,2003 meeting.) 5. The applicant shall remove Lot 57, Block 3 from the legal description (the southv/est comer ofthe subdi':ision) because it docs not meet the minimum findings for an "excepted" use (MCC 12 6 3). f~ re':ised legal dcscription for the dovclopmout shall be submitted to the Public V-lorks Department for review, prior to approval. (Deleted per action of the City Council taken at their June 3, 2003 meeting.) B. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approval 1. The applicant shall do one of the following requirements for Meridian Road: a. Dedicate by donation an additional 10-feet of right-of-way along Meridian Road, and construct a minimum 5-foot wide concrete sidewalk along Meridian Road, located a minimum of28-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Meridian Road, located a minimum of28-feet from the centerline ofthe right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Meridian Road, located at the back edge of the existing right-of~way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. The applicant shall do one of the following requirements for Linder Road: a. Dedicate by donation an additional 23-feet of right-of-way along Linder Road, and construct a minimum 5-foot wide concrete sidewalk along Linder Road, located a minimum of 41-feet from the centerline of the right-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 24 OF 37 b. Do not dedicate additional right-of~way, but construct a minimum 5-foot wide concrete sidewalk along Linder Road, located a minimum of 41-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Linder Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 3. The applicant shall do one of the following requirements for McMillan Road: a. Dedicate by donation an additional 1 O-feet of right-of-way along McMillan Road, and construct a minimum 5-foot wide concrete sidewalk along McMillan Road, located a minimum of 28-feet from the centerline of the right-of- way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along McMillan Road, located a minimum of 28-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along McMillan Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 4. Construct West Studio Drive to intersect North Meridian Road approximately 1,300-feet north of McMillan Road, as proposed. 5. Construct West Producer Street to intersect Meridian Road approximately 2,470- feet north of McMillan Road, as proposed. 6. Construct West Director Street to intersect Meridian Road approximately 960-feet south of Chinden Boulevard, as proposed. 7. Construct West Paramount Drive approximately 2,420-feet south of Chinden Boulevard to align with West Cayuse Avenue (a main entrance that was approved on May 22,2002 as a part of Lochs a Falls Subdivision), as proposed. 8. Construct West Studio Drive to intersect McMillan Road approximately 1,260- feet west of Meridian Road, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDNISION (AZ-03-006) PAGE 25 OF 37 9. Relocate the intersections of West Dreyfus Street/Producer Avenue and the North Lange AvenuelProducer-Avenue to provide a minimum offset of 125-feet (measured from centerline to centerline). 10. Construct: e North Cinema Way (from Chinden Boulevard to West Director Street), e West Director Street (from Meridian Road to North Cinema Way), e West Producer Street (from Meridian Road to North Mitchum Avenue), e West Studio Drive (from Meridian Road to McMillan Road) and e West Paramount Drive (from Linder Road to North Arliss Avenue) as 40-foot street sections with vertical curb, gutter and 5-foot attached concrete sidewalk within 54-feet of right-of-way. 1 L Construct: · West Paramount Drive (from North Ar1iss Avenue to North Cinema Way), · North Bergman Avenue (from West Paramount Drive to the north property line), II North Cinema Way (from West Director Street to West Colbert Street), · North Chaplin Drive (from North Cinema Way to North Cinema Way), II West Gable Street (from North Cinema Way to West Producer Street) and II West Producer Street (from North Mitchum Avenue to North Hopkins Avenue) as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalk, as proposed. 12. Construct the remainder ofthe internal roadways as 33-foot street sections with curb, gutter, 5-foot attached concrete sidewalk and parking on both sides of the roadway within 50-feet of right-of-way, as proposed. Submit documentation showing the review and approval from the Meridian Fire Department. 13. Extend North Wayman Avenue as a stub street to the south property line approximately 1,900-feet west of Meridian Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE" . 14. Extend North Cinema Way as a stub street to the south property line approximately 2,050-feet east of Linder Road, as proposed. Install a sign at the terminus of the roadway stating that, I1THIS ROAD WILL BE EXTENDED IN THE FUTURE". 15. Extend North Bergman Avenue as a stub street to the north property line approximately 1,220-feet east of Linder Road, as proposed. Install a sign at the terminus FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 26 OF 37 of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". ***See Finding for Consideration B item #7. 16. Extend North Arliss Avenue as a stub street to the north property line approximately 820-feet east of Linder Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTUREIl. 17. Provide access to West Producer Street (by a stub street or by shifting the roadway to the north) for the undeveloped parcels located directly to the north (the Packard and Mastropaolo properties). 18. Construct a 16-foot wide residential alley between West Oliver Street and West Peck Street and West Studio Drive and West Producer Street, as proposed. Improve the alley its full width and provide a minimum ofback~of-curb radius of IS~feet at all alley intersections. Parking shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. Any access to an alley shall be located a minimum of2S-feet from the nearest public street. Parking in the alley is prohibited. 19. Construct a 16-foot wide residential alley between West Poitier Street and West Peck Street and West Studio Drive and West Producer Street, as proposed. Iimprove the alley its full width and provide a minimum of back- of-curb radius of IS-feet at all alley intersections. Parking shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. An access to an alley shall be located a minimum of 25-feet from the nearest public street. Parking in the alley is prohibited. 20. Construct three roundabouts within the public right-of-way, as proposed. · On West Director Street (mid way between Meridian Road and North Cinema Way) · At the intersection of Chaplin Street and North Dietrich Avenue e At the intersection of Cagney Street and North Dietrich Avenue The roundabouts shall be designed with a minimum of a 21-foot street section on either side of the center islands. The applicant will be required to dedicate sufficient right-of-way on either side of an island. Coordinate the size and design of the roundabouts with traffic services staff. 21. Do not construct a roundabout at the intersection of North Bergman Avenue and Bacall Street unless a temporary turnaround is constructed at the terminus of North Bergman Avenue or North Bergman Avenue will be extended at the time that this portion of the preliminary plat is final platted. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA TrON AND ZONING PARAMOUNT SUBDIVISION (AZ-03~006) PAGE 27 OF 37 22. Construct one knuckle with an island in the center, as proposed. Construct the island to be a minimum Df 4-feet wide with a minimum area of 100-square feet and designed to safely channel traffic. The roadway around the traffic island shall maintain a minimum of a 29-foot street section. The design shall be reviewed and approved by ACHD's Traffic Services staff. 23. When the District receives a formal application for the multi-family use and/or the commercial use, the District will review and approve driveway locations in accordance with the policies and guidelines that are in effect at that time. The District's current policies are provided for informational purposes only and can be found in Findings for Consideration #9 on pages 13 and 14 of this report. 24. Construct a number of islands within the public right-of-way, as proposed. Maintain minimum of a 21-foot street section on either side of the center islands. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat 25. Construct a southbound left turn lane on Linder Road at the West Paramount Drive/Linder Road intersection, as recommended by the submitted traffic impact study. Prior to submittal ofthe final plat for the 201 st residential lot, or the platting ofthe first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate WatTants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 26. Construct a northbound right turn lane on Linder Road at the West Paramount Drive/Linder Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 sl residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to FThmmOSOFFACTANDCONCLUSIONSOFLAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 28 OF 37 submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as detennined by ACHD staff, to make certain the turn lanes are constructed as needed. 27. Construct an eastbound left turn lane on McMillan Road at the West Studio Drive/McMilIan Road intersection, as recommended by the submitted traffic impact study. Prior to submittal ofthe final plat for the 201 sl residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall detennine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal ofthe turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 28. Construct a westbound right turn lane on McMillan Road at the West Studio Drive/McMillan Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 st residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 29. Construct a northbound left turn lane on Meridian Road at the West Studio Drive/Meridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 sl residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall detennine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDMSION (AZ-03-006) PAGE 29 OF 37 submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 30. Construct a southbound right turn lane on Meridian Road at the \Vest Studio Drive/Meridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 st residential lot, or the platting ofthe first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal ofthe turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as detennined by ACHD staff, to make certain the turn lanes are constructed as needed. 3 I . Construct a northbound left turn lane on Meridian Road at the West Producer Street/Meridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 sl residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 32. Construct a southbound right turn lane on Meridian Road at the West Producer Street/Meridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 st residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall detemline the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 30 OF 37 submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 33. Construct a northbound left turn lane on Meridian Road at the West Director Street/Meridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the fmal plat for the 201 st residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal ofthe turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 34. Construct a southbound right turn lane on Meridian Road at the West Director Street/Meridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 st residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal afthe turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 35. Construct a westbound right turn lane on West Studio Drive at the West Studio Drive/McMilIan Road intersection, as recommended by the submitted traffic impact study. 36. Construct an exclusive eastbound left turn lane on West Studio Drive at the West Studio Drive/McMillan Road intersection, as recommended by the submitted traffic impact study. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03~006) PAGE 31 OF 37 37. Construct an exclusive northbound left turn lane on West Studio Drive at the West Studio Drive/Meridian Road intersection, as recommended by the submitted traffic impact study. 38. Construct an exclusive southbound right turn lane on West Studio Drive at the West Studio Drive/Meridian Road intersection, as recommended by the submitted traffic impact study. 39. Construct an exclusive northbound left turn lane on West Producer Street at the West Producer StreetlMeridian Road intersection, as recommended by the submitted traffic impact study. 40. Construct an exclusive southbound right turn lane on West Producer Street at the West Producer Street/Meridian Road intersection, as recommended by the submitted traffic impact study. 41. Construct an exclusive northbound left turn lane on West Director Drive at the West Director DrivelMeridian Road intersection, as recommended by the submitted traffic impact study. 42. Construct an exclusive southbound right turn lane on West Director Drive at the West Director Drive/Meridian Road intersection, as recommended by the submitted traffic impact study. 43. Construct an exclusive northbound right turn lane on West Paramount Drive at the West Paramount Drive/Linder Road intersection, as recommended by the submitted traffic impact study. 44. Constnrct a combined through/southbound left turn lane on West Paramount Drive at the West Paramount Drive/Linder Road intersection, as recommended by the submitted traffic impact study. 45. Submit District a letter from ITD fegarding the said requirements prior to District approval of the final plat or issuance of a building permit (Of other required permits), whichever occurs first. 46. Other than the access points specifically approved with this application, direct lot access to Meridian Road, Linder Road and McMillan Road is prohibited unless otherwise approved by the Ada County Highway District. These restrictions shall be noted on the final plat. 47. Comply with all Standard Conditions of Approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDNISION (AZ~03-006) PAGE 32 OF 37 Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. 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. 6. 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. 7. 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. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility ofthe applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800- 342-1585) at least two full business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 33 OF 37 10. No change in the terms and conditions ofthis 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. 11. 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 ofthe 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. C. Adopt the Recommendations ofthe Meridian Fire Department as follows: 1. The project which comprised of single family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall _ be placed an average of 400' apart. 1997 UFC Appendix III~A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. The proposed fire hydrant locations will be submitted to the Public Works for plan review. 4. All roads and fire lanes shall have a turning radius 0[28' inside and 48' outside. 5. Operational fire hydrants and temporal}' or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 6. Two points of access will be required for the project or portions of the project that serve over 50 homes. This will be a concern the way the project is phased in the early stages of development. 7. Commercial and office occupancies will require a fire~flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 8. Multi-family residential on the site will require a fire-flow of 1500 GPM plus the amount required by the fire sprinkler demand. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDNISION (AZ-03-006) PAGE 34 OF 37 9. All access roads within the project shall have a clear driving surface with aminllnum width of20' available at all times. Restricted parking on some streets and access points to fire lanes may be required to maintain a clear emergency access which is 20' wide. UFC 902.2.2.1 10. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a approved turn around. 11. The proposed 1107 unit subdivision with an estimated 2.9 residents per household would have a total estimated population of3,210 residents at build out. This will generate an estimated 133 calls for service based on historical trends. The commercial, schools and churches will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2069 responses in the year 2000 and 2251 calls for service in 2001. According to a report completed by'Fire & Emergency Services Consulting Group in February of2000 our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 12. The proposed project lies on the edge of the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 13. It.is requested that building separations be maintained per the Building Code in Blocks 32,33,34,35,30,31,36,37 to reduce the possibility of fires being transmitted from house to house. D. Adopt the Recommendations of Settlers' Irrigation District as follows: 1. That all irrigation/drainage facilities along with their easements be protected and continue to function as such. The laterals involved are the North Slough #2, North Slough, Knight, Lemp, Hanell, Wolf, and Bisby. 2. A license agreements will need to be signed and recorded prior to construction of any irrigation facilities. 3. All Storm drainage must be retained on-site. 4. Any changes to the existing irrigation system must be approved by Settlers Irrigation District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDNISION (AZ-03-006) PAGE 35 OF 37 ( 5. The development must supply irrigation access to all lots within the above-mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system and agreements needs to be in place prior to the pre- construction meeting. 4. 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 ofthe application to (R-8) Medium Density Residential District, (R-40) High Density Residential District, (L-O) Limited Office District, and (C-G) General Retail and Service Commercial District, and Meridian City Code 9 11-7-2. 5. Subsequent to the passage ofthe Ordinance provided for in section 4 of this Order the engineering staff ofthe Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code S 11-21-1 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 ofthe City of Meridian. Pursuant to Idaho Code S 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 ofthis decision and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 1- L\-th.. day of 1=!t0~ ,2003. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 36 OF 37 , ROLL CALL COUNCILMAN KEITH BIRD VOTED~_ VOTED~ VOTED ffJ~ VOTED~ VOTED - COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Me CANDLESS COUNCILMAN WILLIAM L.M. NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) ~-.z4--tJ3 DATED: MOTION: APPROVED:-A- DISAPPROVED: ~~ Mavor Robert D. Corrie \ II 11I1111111/1 \\1\ f Mr- 1III ",\ -{ 0 c/f!t) 111/ ........,.... ~ . ~ II....... $ () O~\POR-1 /'; ~...~ .::- .:!o..G <'A ~ ::: ~~ v.... ~ ~ Attest: ByJdt.-:.#~1' ~ Dated City Clerk ~ William G. Berg, Jr., Ci Clerk SEAL ~ 7<:;. & $ Copy served upon Applicant, the Pl~g;''n9 wpjn'?i @P~%nent, Public Works Department and h C. A ".' ~.t'1 ~' " t e lty ttomey. ',/.."0 ~)' ............ ~'III OUNT"f, \\".... III' \\\\ >III/Iii 111\\1\ ~ ~ ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDMSION (AZ-03-006) PAGE 37 OF 37 August 1, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT Public Works Department August 5,2003 o ITEM NO. REQUEST Sewer and Water Main Easement for Lochsa Falls Subdivision: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Memo / Easement , V.IL/ a pp{19 Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. To: Mayor Corrie & City Council From: Brad Watson, P.E. //4/ CC: File, Gary Smith, PE, City Clerk Date: 7/24/03 Re: Proposed Agenda Items for August 5 City Council Meeting ,RECEI'lED JUL 2 8 2003 City Of Meridiar1 City Clerk Office The Public Works Department respectfully requests that the following items be placed on the August 5 City Council agenda, on the Consent Agenda, for Council's consideration: ;;f 1) Sanitary Sewer and Water Main Easement for Lochsa Falls Subdivision. Typical sewer and water main easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Lochsa Falls Subdivision and authorize the Mayor to sign and City Clerk to attest 2) Sanitary Sewer Main Easement for Havasu Creek Subdivision (Phase 2). Typical sewer and water main easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Havasu Creek Subdivision (Phase 2) and authorize the Mayor to sign and City Clerk to attest. 3) Sanitary Sewer Main Easement for Havasu Creek Subdivision (Phase 3). Typical sewer and water main easement. Recommended Council Action; Approve the Sanitary Sewer and Water Main Easement for Havasu Creek Subdivision (Phase 3) and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. @ Page 1 SANlT ARY SEWER AND WATER MAIN EASEMENT Lochsa Falls Subdivision THIS INDENTURE, made this _ day of _, 20_between Lochsa Falls LLC, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey lUlto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSL Y UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or perfoffiling other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement Page I lochsa falls THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN 'WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Lochsa Falls LLC M:%~:!mber STATE OF IDAHO ) ) ss County of Ada ) On this 2J r\-' day of cJ U ll\ ' 20 03, before me, the undersigned, a Notary Public in and for said State, personally appeared Marty Goldsmith, known or identified to me to be a member of the limited liability company that executed the within instrument, and acknowledged to me that such limited liability company executed the same. IN W~JWE'~W)jEREOF, I have hereunto set my hand and affixed my official seal the day ~~OOrMaf~Ji~~itten. .. /" r- ..~I .. ~v:. .... ~.. ~'V .. -0. "1('" -;. " : l.Q l O'tAR~ 0\;0 -:. :.::o.~ - = - ..,. ~ ~ . ~ .. . ~ . .----- .".... : ~ : ... ,,: : - 0 '\:_ ;. ic 00. PU\\\' l~ i -:... .... 0.0 .0- "'- ..~ ....~ u l' ........ \. '\) ,. .... ~"~ <1l'E O'\? ........ GRANTEE~t,@}Tr~IGF"l0ERlDIAN NOTARY PUBLIC FOR IDAHO Residing Gztq Je / I tMJt 0 Commission Expires: 1/2.11 'UJtr1 at Sanitary Sewer and Water Main Easement Page 2 lochsa falls Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: Sanitary Sewer and Water Main Easement Page 3 lochsa falls EXHIBIT "A" DESCRIPTION FOR CITY OF MERIDIAN SANITARY SEWER AND WATER LINE EASEMENT THROUGH UNPLATTED PHASES OF LOCHSA FALLS SUBDIVISION CITY OF MERIDIAN, IDAHO July 14, 2003 AN EASEMENT FOR SANITARY SEWER AND WATER LINE CONSTRUCTION, OPERATION AND MAINTENANCE, LOCATED IN SECTION 26, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOllOWS: COMMENCING AT THE EAST % CORNER OF SECTION 26, T4N., R1 E., B.M., THENCE S 00025'24" W 336.69 FEET ALONG THE EAST LINE OF SAID SECTION 26 TO A POINT; THENCE N 00000'00" W 1627.62 FEET TO A POINT ON THE WEST BOUNDARY OF LOCHSA FALLS SUBDIVISION NO.1, THE BEGINNING POINT OF THIS EASEMENT CENTERLINE DESCRIPTION; SAID EASEMENT BEING 20.0 FEET RIGHT AND 10.0 FEET LEFT OF CENTERLINE: THENCE N 89004'13" W 845.00 FEET TO A POINT; THENCE N 00046'46" E 267.64 FEET TO A POINT; THENCE N 46020'45" W 169.61 FEET TO A POINT; EASEMENT CHANGES TO 20.0 FEET RIGHT AND 45.41 FEET lEFT; EASEMENT TAPERS FROM 45.41 FEET lEFT TO 82.31 FEET LEFT; THENCE N 46020'45" W 40.00 FEET TO A POINT; END TAPER; EASEMENT CHANGES TO 20.0 FEET RIGHT AND 10.0 FEET LEFT: THENCE N 46020'45" W 209.64 FEET TO A POINT; THENCE S 63028'04" W 123,10 FEET TO A POINT; THENCE N 89030'16" W 1107.40 FEET TO A POINT; THENCE S 00029'44" W 139.56 FEET TO THE ENDING POINT OF THIS EASEMENT CENTERLINE DESCRIPTION. Michael E. Marks, P.LS. No. 4998 20807 ss3ease.des.doc <> ~ ~ ffi~~ iE~% ggo 'It\- ::: ........'ll~ . ,~'w .""~; e.j. · · ~J:'+ _ i!""''''f3"'!i _ ];":C ':':' -"''''" 2' ,~'<:''''''''~ '-ff. 0" _,," _''''- e .".pc, ,,"'.. ffi&~ \ -~\"n-r ~ (\~ ~l%. ~~~ 1 --<~~~,v.\: ~~~ ". \" 9 " ... ~-, .., t1. \~ .. .r7--....0., '<J\~~ .a . ~ \" \ ~.. ~..~ \~ r%;.~-.. -;:' "c.- r-\ !Ii ~o"'~.. Ie {\l-C-- \\%--\1 L.... . L-\:! ,~" ~ " 0 L.. t:j K' l~ -~ ~~ "'.~ ~; \ a Z I------ ~\...---"I\ r'''' · 1-'.1 "I ~~, c.-. ~__ e.3- ~ .....: 'I> ~:i. -ill-: ~ ,. '--\, OQ Ii JIlL ;=-( [ti, m: ~ \~ l~ G If I >:::!--y~ \\ 0, \ l~. ." r-r' '1\ ~ ~i r--,...-, ~ ~ \-- ~L~ ~ \...--- '&'9 ,_.l..- . 0 ;----- ~ ~ N\ \....- ~ \ >>L- l~ Ie ,.~); -~~. ~t \ ~ / ' ,_~ _L- w~ i..._____ \~ '<;---+-- l--- l--- I----- co \-* - co ..- ':C )( UJ '-- r--- l--- l--- e-- l..- 1-2- -iT \ \ \ \\ TP ~ ----- - -----l-- \.------ - -;E[~ ,i : 1<-~ /\':1 ~;~ 'w~e (-~ ~-'= \ \ '31~\._J~/ :\\\ ;~~r ~\r J c-- ~r ~ II. 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DEPUTY Michelle Turner RECORDED-REQUEST OF Meridian City AMOUNT .00 6 11111 filII/III IIIUI" 11111I1 II 111111 103137105 SANITARY SEWER AND WATER MAIN EASEMENT Lochsa Falls Subdivision THIS INDENTURE, made this 2( q-day of Jit(~, 20 03 between Lochsa Falls LLC, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through undergrOlmd pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring any1hing placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement Page 1 lochsa falls Page_ \ of Lo THE GRANTORS hexeby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or pereill1ial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part ofthe right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract ofland, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Lochsa Falls LLC ~~ Marty oldsmith, Member STATE OF IDAHO) ) ss County of Ada ) On this 2-\ ry day of cJu tl1 ' 20 03, before me, the undersigned, a Notary Public in and for said State, personally appeared Marty Goldsmith, known or identified to me to be a member of the limited liability company that executed the within instrument, and acknowledged to me that such limited liability company executed the same. IN WlJNB~WJ;!EREOF, I have hereunto set my hand and affixed my official seal the day ~:Vear~f~lf~<:w.ritten. .... ,...'f'> .o. eOe"~ -:. .. <..:'"" ",. 00 ~.(" -:. i".J I 01ARt> 0\;0 ~ :CQ:~ '&: :: r.t:I 0 ......_ 0 ire .. :~t -- PI:: .. 0 '\"'" 0 EO ~ J.... PU'B'-' .00; 0:, -,.. . 0 ,-";: .. .. 00 00 .....'.,:. .. .n 0 0 ""- .. ...... V)'> 00041000. \-<\) \. .... ........ <11'E or "'...... GRANTEE~",@lib~I@FlV1ERIDIAN NOTARY PUBLIC FOR IDAHO Residing Gtg Ie I I d.ttJt 0 Commission Expires: '/ZII 'UJ0'1 at Sanitary Sewer and Water Main Easement Page 2 lochsa falls Page~oJL.. Approved By Ci1y Council On: ~~01 5 , rCY\(\ ~ \ - Sanitary Sewer and Water Main Easement Page 3 .~ ~ lochsa falls Page~of LD STATE OF IDAHO, ) ss. County of Ada ) On this ;1.31~ day of . Al.A..0r~-t , 2003, before me, the:,.. '[Ctm.vvu2J ck L-<}eerd 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~and City CJerk,_ ~'-tz\Cu(,lA''lc~1 ?re.2rt<()~ respectively, of the City of Meridian, Idaho, and who executed the within instrument, ana acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) 'Og.EiEl0Qo <>o"'ON SJl~4> ~~____.~~~o'" (t" "O'1'~~>~~ & I'~ ~ '\~~ l:lCor "'Y. , '" Q , \ '" tJ : 1 p 01 1 , <1 U , t " o \ I ~ '6', C I . t)^ on', 1:>,._ ~ /~/O ~ 'V UT ....:. u..t:;)..,I.; ~ '" &'h,----.;n~ .0- <>>"'''-'''4 OF}.~ 0'" ."""" '" <>'" ~ ~cJLtrn 8 rv Lt -It~ NOTARY PUBLIC FOR IDAHO RESIDING AT: ,AcL~LWV0V~' Jd MY COMMISSION EXPIRES: LI'-2~ -DS" page-.::Lot.lL. EXHIBIT "A" DESCRIPTION FOR CITY OF MERIDIAN SANITARY SEWER AND WATER LINE EASEMENT THROUGH UNPLATTED PHASES OF LOCHSA FALLS SUBDIVISION CITY OF MERIDIAN, IDAHO July 14, 2003 AN EASEMENT FOR SANITARY SEWER AND WATER LINE CONSTRUCTION, OPERATION AND MAINTENANCE, LOCATED IN SECTION 26, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST ~ CORNER OF SECTION 26, T4N., R1E., B.M., THENCE S 00025'24" W 336.69 FEET ALONG THE EAST LINE OF SAID SECTION 26 TO A POINT; THENCE N 00000'00" W 1627.62 FEET TO A POINT ON THE WEST BOUNDARY OF LOCHSA FALLS SUBDIVISION NO.1, THE BEGINNING POINT OF THIS EASEMENT CENTERLINE DESCRIPTION; SAID EASEMENT BEING 20.0 FEET RIGHT AND 10.0 FEET LEFT OF CENTERLINE: THENCE N 89004'13" W 845.00 FEET TO A POINT; THENCE N 00046'46" E 267.64 FEET TO A POINT; THENCE N 46020'45" W 169.61 FEET TO A POINT; EASEMENT CHANGES TO 20.0 FEET RIGHT AND 45.41 FEET LEFT; EASEMENT TAPERS FROM 45.41 FEET LEFT TO 82.31 FEET LEFT; THENCE N 46020'45" W 40.00 FEET TO A POINT; END TAPER; EASEMENT CHANGES TO 20.0 FEET RIGHT AND 10.0 FEET LEFT: THENCE N 46020'45" W 209.64 FEET TO A POINT; THENCE S 63028'04" W 123.10 FEET TO A POINT; THENCE N 89030'16" W 1107.40 FEET TO A POINT; THENCE S 00029'44" W 139.56 FEET TO THE ENDING POINT OF THIS EASEMENT CENTERLINE DESCRIPTION. Michael E. Marks, P.L.S. No. 4998 Z0807ss3ease.des.doc Page2o!lD ~ ... ffi.;~ z<>g '" c~ OE 0-0 , " ...- ......,,'SJ ",0'. .",,00 , -. ;' · · . 'l" r- '" .."w " W." "'" >00"":'. !"~ ""~"" "L -,Ii- ~ _ _ _ _ - - - _.....__c <',., ~r.;. . "~ :::::,:;:;:;_,' ~~~~___' i~ ~!1t \ \ I I ,(\' ~" .,8 , ,,':::J' .,. I~ a," . . ,L-~\ G'; ~1; \~ 0' \ \ '\\7:'::::-["""\ .'~ M~",(j"6.- ,f . . ,. ~ " ,,~ " ~ ,_ ~- /r-' \~ ~ "'''''' ~ \~ N \WO' - " I \ -~ ~ \. ~ \----. "\-'-i "'-'" " "'" f~~ 0 \~ 'Q/!Q"-l' \ 0 I-- \\~ r-r I: CJ (;f~ I a Z \.-- " \ rv> ~ w'" L-- It::] -' . ~ ~.~ "-CI~\,-,;1- · H ~; !S ~-\ \/{SJI ,,~, ~)I G I ~L----' \ '\ '\ o ".' -' ;:-r ....l . '- ' ~\ ~\..,i--' ~6' l-- "1$' , r-r--- W I...---- l-:.- L- ""~ co ~ \l! ~ ~ m.--~ --1-7 \ \--1---- 11\'9 \--l- ~'" .-- 1 >........\.--- ~ ,";s> <"\ '-I> "'" v- ~ ~- \~; ~ \-- \.....-- ~ \...-- c- L- L- l-- \-- L-- (j v ,~ \ 1 ~~'9 r( .' 'la'~~ .~ :\~~\./ -;~Iil--\ ........ - ~\ -; ar "- />t" 1- , -I-- .--- -::/ ~'- ~~ =----- 1'- \~h I~ .vt.GZ!lO 5 ,s<;'&I:\ 'Z ~& w ~ I -,-s-t>\, ! . ~\ ~lt'J ~ (/) ~ ffi CJ 5% ~ C) "~ - .... '" ~ ~ 5- ~ 1SI ~ g ~.~ ~ ~~ G1 ~~ ~ ~ I"l ~ ',Z. "g 'Q 0 .., e:a en ~ ." p,:l~""" ";0 ~ 5...... ~ tui! ~." ~gtn z ~~~~ '7 '$ en 'M p\:<<....3,;; 20'46 ~7' \:<< 't ~~4\'3 f4QU) 1;1) '5 S 0 E-' ,:.J ~ 1;1) ~~ ,;a ",0 ,.... ..~ g zS/. ,~ ...."- ~~ ~ ~g 0 ""If, g:s :z \-" i '3 "'...... ~~ ~'O 10 co" _ t::: ~ !i ~ ~ ~:J:s ~ Q ~ " \ August 1, 2003 MERIDIAN CITY COUNCIL MEETING August 5, 2003 APPLICANT Public Works Department ITEM NO. 'Y REQUEST Sewer Main Easement for Havasu Creek Subdivision NO.2: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Memo / Easement ~.~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. RE:r~lfT.'VED j[ ., j tJ JLJ "_ ' . . JUL 2 8 2003 To: Mayor Corrie & City Council From: Brad Watson, P.E. //V CC: File, Gary Smith, PE, City Clerk Date: 7/24/03 Re: Proposed Agenda Items for August 5 City Council Meeting City Of Meridian City Clerk Office The Public Works Department respectfully requests that the following items be placed on the August 5 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer and Water Main Easement for Lochsa Falls Subdivision. Typical sewer and water main easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Lochsa Falls Subdivision and authorize the Mayor to sign and City Clerk to attest. ~2) Sanitary Sewer Main Easement for Havasu Creek Subdivision (Phase 2). Typical sewer and water main easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Havasu Creek Subdivision (Phase 2) and authorize the Mayor to sign and City Clerk to attest. 3) Sanitary Sewer Main Easement for Havasu Creek Subdivision (Phase 3). Typical sewer and water main easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Havasu Creek Subdivision (Phase 3) and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. @ Page 1 SANITARY SEWER EASEMENT Havasu Creek Subdivision THIS INDENTURE, made this _ day of _, 20_between Havasu Creek LLC, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HA VE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Hav Cr ss-wat Page 1 Havasu .SWR.doc any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Havasu Creek LLC ~ Marty oldsmith, Member STATE OF IDAHO) ) ss County of Ada ) On this ~ day of dU \L) ,2003, before me, the undersigned, a Notary Public in and for said State, personally appeared Marty Goldsmith, knO\V11 or identified to me to be a member of the limited liability company that executed the within instrument, and acknowledged to me that such limited liability company executed the same. IN WITNESS,}Y.HJiREOF, I have hereunto set my hand and affixed my official seal the day \" "'t and ye~~1:f)JM'Gc~~J1' ,,~ ~~.".......o()~ ~~, ....<.,;. 0'7':0 ~ l.(j 00 00 '>(' ':0 ~ t::Q z ~ot A.R J." .. C) :. :r.tJ: ~ \: : Cl::: 0 _.- . * : ::' C:: ;.. \ PUB\..'\: ':0 i -:. _ ^ 0.. oJ'~.,;: .... to", ,,-,. ... .0. 0T.... ... ~ :.. ... <"\ t~ .. ""'t "ll'e 0 F \Y ,~~~ t't" 'l~" GRANTEE: CITY ~~RIDIAN NOTARYPUBUCFORIDAHO Residing ~lt I (tUJto Commission Expires: \ 12-\ I tb04 at Hav Cr ss-wat Page 2 Havasu .SWR.doc Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: Hav Cr ss-wat Page 3 Havasu .SWR.doc EXHIBIT A A CENTERLINE DESCRIPTION FOR SANITARY SEWER EASEMENT HA V ASU CREEK SUBDIVISION July 11, 2003 An easement for sanitary sewer facilities located in the NE 'l4 of Section 31, Township 4 North, Range 1 East, of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: A strip of land 20.0 feet in width, 10.0 feet on each side of the described centerline: Commencing at the East 1/4 corner of Section 31, T. 4 N., R 1 E., B.M., Thence N 89046'20" W 2501.98 fe~t along the center section line to a point; thence N 00013' 40" E 20.49 feet to a point on the centerline of a sanitary sewer line to the BEGINNING POINT of this centerline description; Along said centerline the following: Thence N 00013'40" E 515.37 feet to a point; Thence N 27036'00" E 34.50 feet to a point; Thence S 89046'20" E 600.37 feet to a point; Thence N 55036'48" E 99.03 feet to a point; Thence N 09039'27" E 52.40 feet to. a point; Thence N 00034' 16" E 48.69 feet to a point leaving the property ofthe easement grantor the following (Easement supplied by others.): Thence continuing N 00034 '16" E 502.98 feet to a point; Thence N 25007' 14" W 170.77 feet to a point; Thence N 65016'32" E 159.01 feet to a point reentering the property ofthe easement grantor and continuing easement; Thence N 65016'32" E 125.74 feet to a point; Thence S 46025'53" E 64.93 feet to.a point; Thence S 89046'30" E 390.53 feet to a point on the boundary ofHavasu Creek Subdivision No.1, the ENDING POINT ofthis centerline description. 21106-SS 1 SANITARY SEWER EASEMENT [ EXHIBIT B I ~ - - - - - - - - - r - - - -y- - - - - - - -- I I N - f J j': o~ I PROPOSED ": I I HA V ASU CREEK NO.2 Q~ ~~ ~!: \ r :~ltl Oel) .a.D:: ~ ~ \ I ~ ~ I ENDI~ POINT .a. ~; PROPOSED I < \ -- /l1~~~~o:l 8 HA V ASU CREEK NO.4 \1 ~ ~0"S\'i)~~\ t\-::-/ ::-~~-: ,.,,:':-:::: , \<:,~. 52 \ . --~ \ ", A --S46'25'5~;6~- I N 25'07' 14" W 170.77' ~. ~ I I : ,I I L___ I ~~ I -----__ ~I I wi '----1 f ~r: i J 1;1 l f ------------LSJ I _ _ .- .- : ; ~ 00'34'16" E 48.69' ! -,-- , ' N 09'39'27" E 52.40' I -~ S 89'46'20" E 600.37' /&!- I (S- ~-i:;,::--':'~-r5: ------~- --.----~-.... ...-.-. ?' I / - _h ~ '.' J_J_'~ ", - .-. - . .. " , : N 55'36'48" E 99,03' j t~ N 27'36'00' E 34.50' . ~ 10~ ~10' ~ I-. <Q~ ~~ ~ ~I' ~~ ~,: ,,0 I Ji.' : ~ I I ;: , .::,~ I I ~~' : BEGINNING POINT <<.::," I , , N 00'13'40' E 20.49' I CENTER !IJIi" - . - : ~ -/- - - - - -. - ---.,,- _ _ ~ _ _ _ I N 89'46'20" VI 2501.98' 1/4 CORNERD!f . - . - ---L. . - . - -. - . - - _. --... -. \ - - - 1 - . - - - - ,L I +FUTUF Q1IE~zEHorfM s'~)::-I ~ l r:: - ~ r_~L1--L'L- Ic9 L- ~ L I-.-J ~ ) ::=:--\--1 tJ S-d=~ ~ ~~, 11 \-~ SANITARY SEWER EASEMENT HAVASU CREEK SUBDIVISION N 65'16'32" E 125.74' PROPOSED COBRE BASIN NO.2 REVISION : 07/11/03 BY: MNM SHEEr: 1 OF 1 LOCATED IN THE NE 1/4 OF SECTION 31 TOWNSHIP 4 N., RANGE 1 E., 8.M. MERIDIAN, ADA COUNTY, IDAHO ENGINEERS PLANNERS SURVEYORS 1800 W. OvtRlANO ROAD · BOISE, IDAHO 83705 · (208)344-9700 EXH~B~T DWG DATE: DWG NO. 04/09/03 KDH 21106 SCALE: 1 "= 300' 21106-SS1,OWG McMILLAN ROAD I 30.29 31132' Cl ~I ~ N !;;l W. 0 . 0:: ~I ~ 01 VJ <=> :::l V> (.) 3 -1.Ji4 CORNE~ BRIGGS ENGINEERING, INC. ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 08/14103 12:32 PM DEPUTY Michelle Turner RECORDED - REQUEST OF Meridian CilV AMOUNT .00 6 11\ \ 11\ 11111 \ 111I11111 1111I III II 11111 11331371136 SANITARY SEWER EASEMENT Havasu Creek Subdivision THIS INDENTURE, made this 2{11'ay ofJ&4j, 20 tl1between Havasu Creek LLC, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitaJ.Y sewer right-of-way across the premises and property hereinafter paJ.ticularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby graJ.lted is for the purpose of construction and operation of a sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HA VE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Hav Cr ss-wat Page 1 Havas~~~of l 0_ any permanent structmes, trees, brush, or perennial shrubs or flowers within the area described for this eas~!llent, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no fllliher effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract ofland, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatmes the day and year first herein above written. GRANTOR: Havasu Creek LLC ~ Marty oldsmith, Member STATE OF IDAHO ) ) ss County of Ada ) On this 1..r:+-- day of dU \\1) ,206 '3, before me, the lmdersigned, a Notary Public in and for said State, personally appeared Marty Goldsmith, knovrn or identified to me to be a member of the limited liability company that executed the within instrument, and acknowledged to me that such limited liability company executed the same. IN WITNESS,}XHPREOF, I have hereunto set my hand and affixed my official seal the day it' 1ff(,q, and yea~~LrpfWGcW~J1' ~.." f" ~ cPIGGliU.O.O 0 A. .... ... rV 0 0 'V .. .. ....,.0 00 _ -:. :- I:tj . 0 "'(" .. : &:q t! ~o1' An J-' 00 Cl : :UJ: ..,.. : ': :: " 0 _._ 0 * :: :; 'l c::: \* \ PUB"'\: 10 i ... U" 0. .' ~ ~ -:.... .rA oeOce".lIl~ ~ ...... ......... <i 1'~ OF \Y ...... '... C .... 'lIq, ".... GRANTEE: CITY O'P~~RIDIAN NOTARY PUBLIC FOR IDAHO Residing ~\( I (#ko Commission Expires:' /2-\ I w01 at Hav Cr ss-wat Page 2 Havasu .SWR.doc page~otlL. i 11\\\\1 h II ./" \\\\1 C ll~'- III/ c~~ /2;."" :\,:::~4~'\, 0/.....~ . .:: ~(j '0 -;. ~.~:.__ 7alvvh>'jde.M!&n0 ~ SEAL ~ jJiW7JfU a'k C;?~ ~ ~ ~~ OJ % 7'</0 .....R ~ .,._ H 'k ~, "70 ttsr 1$~ ' .p f _ ~, ~n '/ ~ .....~ ~ Attest by William G. B rg, ity Clerk """ 00' _......r ,~, ",'" /11 UN 1 ~ \\\\ //111111111\\\" Approved By City Council On: (\I.\.~~ 5\ Ef'b."J Page 3 Hav Cr ss-wat Havasu .SWR.doc P}'\ClA (\ of lo STATE OF IDAHO, ) : ss. County of Ada ) On this ,~.t,^ day of IAt/l~("'I.<st , 2003, before me, th'lla>>'H'Vl~ dllUt.0rd undersigned, a Notary Public in and for said Sta e, personally appeared-ROBERT D.' C,t::ORRt-Ei and WILLIAM G. BERG, JR., known to me to be the.fl.A6YEll::.and City Clerk, ~-kJCo~lnCt.:L 9(e~'c~1 respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) QoODao.o <:>~ON SJl!li> ~<:>~~~----~~~~<:> Q<:>J..~" O'f.~ }<?Jl<> ~~' ~ r \~..".o. lJ!%J r '<Y' \ P D t , i:!.l D : ~ G '" I I D c. , I t:J G \ , Q ~' C/ Q <:> _~"'.. b........:\I /~O<:> . U. ....-:: Uljl.J~, 4> <:> ~ ----..19:~ <:> ~1lI'<t':teOF ",,<:><:> Il'"...." ~VlcJ\ I5Ylc\'rvU- ~ NOTARY PUBLIC FOR IDAHO RESIDING AT: Actor to{MA.~ Jd MY COMMISSION EXPIRES: '1f-2R~l)C::; page~or.lJL EXHIBIT A A CENTERLINE DESCRIPTION FOR SANITARY SEWER EASEMENT HA V ASU CREEK SUBDIVISION July 11,2003 An easement for sanitary sewer facilities located in the NE 14 of Section 31, Township 4 North, Range 1 East, of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: A strip ofland 20.0 feet in width, 10.0 feet on each side ofthe described centerline: Commencing at the East 1/4 corner of Section 31, T. 4 N., R. 1 E., B.M., Thence N 89046'20" W 2501.98 feet along the center section line to a point; thence N 00013'40" E 20.49 feet to a point on the centerline of a sanitary sewer line to the BEGINNING POINT of this centerline description; Along said centerline the following: Thence N 00013'40" E 515.37 feet to a point; Thence N 27036'00" E 34.50 feet to a point; Thence S 89046'20" E 600.37 feet to a point; Thence N 55036'48" E 99.03 feet to a point; Thence N 09039'27" E 52.40 feet to. a point; Thence N 00034'16" E 48.69 feet to a point leaving the property of the easement grantor the following (Easement supplied by others.): Thence continuing N 00034'16" E 502.98 feet to a point; Thence N 25001'14" W 170.77 feet to a point; Thence N 65016'32" E 159.01 feet to a point reentering the property of the easement grantor and continuing easement; Thence N 65016'32" E 125.74 feet to a point; Thence S 46025'53" E 64.93 feet to a point; Thence S 89046'30" E 390.53 feet to a point on the boundary ofHavasu Creek Subdivision No.1, the ENDING POINT of this centerline description. 21106-SS1 SANITARY SEWER EASEMENT Page20f 1..0 I EXHIBIT B / ~---------r----T--------- I r AI fV. I (") J j I. I PROPOSED ,.. I 0 I HA V ASU CREEK NO.2 cgl L fiJ~ I.LI Z I r 1(1) W (1)- \ I~~ ~~ JOO o a:l \ t:l: ::I a: LLI \ a. (I) a. ~ ~ PROPOSED : ~ o HAVASU CREEK NO.4 l 0( o \ \ :c ~0Cj!0\ \ \ \ *' - - ~ N 2$07.... W 17O.77'V\ : - I L_______ I ~~I -- '" I ,w '----1 PROPOSED I ~ ~ I I COBRE BASIN NO.2 c> I I I L ~ l I ~ I ---- - - - - - - - - LSJ -" - , , N 00'34'16' E 48.69' - - ..,-- : ; N 09'39'27" E 52.40' I S 89'46'20" E 600.37' ,.af') I Flr. :!W,:i>.'S:}":3'-^ - - -,- -.- -. -.- ... . .7 I ..' --- -.-- -- --- --- . ~ N 27'36'00" E 34.50' ,"~,"' </)'t-<}+ i ~I~ c,o</)<<-"'! I ~: : 9:-~ I lb. ~'5 I j ~Cl' . BEGINNING POINT <<:~ , : N 00'13'40" E 20.49' I CENTER PJ - - : ~ -)- - - - - - - ---.,,- - - ~ - _ _ I N 89'46'20' VI 2501.98' l/4 CORNER'L - - ----L- - - - - - - - ~ - \ - - -, - - - - - I I +FUTUFE QUEt-Jz~ bmfM :Sa ---- \ ~ I r::: _ ~ r---i LI -L I L- 'I ---.:J L-~ L__I ~ ~ ~J ::--\--1 [J ~-L~ ,~ \\ U;=; SANITARY SEWER EASEMENT HAVASU CREEK SUBDIVISION N 65'16'32' E 125.74' S 46'25'53' E 64.93' McMILLAN ROAD I 30 29 31132 N 55'36'48" E 99.03" Cl ~I ~ : ~ 0: ~I ~ b VJ Cl ;:) Vl U 9 ~....Y4 CORNE~ REVISION : 07/11/03 BY: EXH~B~T LOCATED IN THE NE 1/4 OF SECTION 31 TOWNSHIP 4 N., RANGE 1 E., 8.M. MERIDIAN, ADA COUNTY, IDAHO BRIGGS ENGINEERING, INC. ~ ( BRIGGS ) MNM SHEET : 1 OF 1 ENGINEERS PLANNERS SURVEYORS 1800 W. OVERlANO ROAD ' 80lSE, IDAHO 83705 · (208)344-9700 21106-SS1.DWG owe DATE: 04/09/03 KDH Dwe NO. 21106 SCALE: 1 "= 300' Page lo oL.lo 1. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, August 5, 2003 at 7:00 p.m. City Council Chambers Roll-call Attendance: ~ TammydeWeerd + Cherie McCandless () Mayor Robert Corrie x X t Bill Nary Keith Bird 2. Adoption of the Agenda: ~ ~ 3. Consent Agenda: C. 6 - D. 6 - E. 6 - F. A. Approve minutes of July 15, 2003 City Council Regular Meeting: t2jlfJ/'Ov.e Approve minutes of July 15, 2003 Pre-Council Meeting: aflrn:;v.e- Approve minutes of July 22, 2003 Pre-Council Meeting: .tt(ljl-rOI/..e.- Findings of Fact and Conclusions of Law for Denial: AZ 03- 002 Request for annexation and zoning of 19.79 acres from RUT to C-G zones for Callister Development by Dave Callister - southwest corner of West Overland Road and South Stoddard Road: t:V?)?Yo v..f..- Findings of Fact and Conclusions of Law for Denial: CUP 03- 001 Request for a Conditional Use Permit for a contractor's yard for an excavation company and mini-storage facilities on 5.91 acres for Callister Development by Dave Callister - southwest corner of West Overland Road and South Stoddard Road: Cipflrpi^R- B. Findings of Fact and Conclusions of Law for Denial: CPA 03- 001 Request for a Comprehensive Plan Amendment to change approximately 12.25 acres of the site from mixed-use-neighborhood to commercial for Callister Development by Dave Callister - southwest corner of West Overland Road and South Stoddard Road: ~vVL- Meridian City Council Agenda - August 5,2003 Page I of 4 All materials presented at public meetings shaH become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. ( G. Findings of Fact and Conclusions of Law for Approval: AZ 03- 008 Request for annexation and zoning of 34.52 acres from RUT to R~8 zones for proposed Birchstone Creek Subdivision by Centennial Development, LLC - northwest corner of West Ustick Road and North Black Cat Road: O'-P1J'i'O(I\.<./ H. Findings of Fact and Conclusions of Law for Approval: PP 03- 008 Request for Preliminary Plat approval of 89 building lots and 7 other lots on 34.52 acres in a proposed R-8 zone for proposed Birchstone Creek Subdivision by Centennial Development, LLC - northwest corner of West Ustick Road and North Black Cat Road: ~1/L'2- I. Findings of Fact and Conclusions of Law for Approval: VAR 03-013 Request for a Variance to Meridian City Code 12-4-5 requiring blocks to be not less than 400 feet and not more than 1,000 feet in length for Birchstone Creek Subdivision by Centennial Development, LLC - northwest corner of West Ustick Road and North Black Cat Road: tZpj/-r/)V/.R- J. May 2003 Addendum to Development Agreement: (Touchmark Living Centers AZ 99-0021) I CUP 03-005 Request for a Conditional Use Permit for a Planned Unit Development for Meadow Lake Villa~e by Hummel Architects, P.A. - east of South Eagle Road on East Franklin Road: 4j1jJYPVIfL K. Development Agreement: AZ 00-026 Request for annexation and zoning of 5.4 acres from Ada County RT zone to R-8 for a proposed planned development for proposed Bear Creek Subdivision No. 6 (fka I approved as Kodiak Development) by Bear Creek LLC - west of Meridian Road one-half mile south of Overland Road: 0j#f1VoJA-€..- L. First Addendum to Exhibit "A" Legals of the Development Agreement: AZ 00-018 Valley Shepherd Church of the Nazarene: o/fYt..<i7~ M. June 2003 Addendum to Development Agreement: AZ 99-010 Queenland Acres, Inc. and Bear Creek, LLC: ~jPjJro~ N. Development Agreement: AZ 03-006 Request for annexation and zoning of 397.11 acres from RUT and R-1 zones to R-8, R-40, L-O, and C~G zones for proposed Paramount Subdivision by Paramount, LLC - west of North Meridian Road and north of West McMillan Road: Appr()"\.t,Q ~~ O. Sewer and Water Main Easement for Lochsa Falls Subdivision: &tf}'JrDV'R- Meridian City Council Agenda - August $, 2003 Page 2 of 4 AU materials presented at public meetings shall become pl'Openy of the City of Meridian. Anyone desiring accommodation for disabilities related (0 documenls and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior (0 the public meeting. 10. ( P. Sewer Main Easement for Havasu Creek Subdivision No.2: Ct:.-plY<9vt.z... Q. Sewer Main Easement for Havasu Creek Subdivision No.3: t:lJ?PV-L R. Water Main Easement for Creekside Arbour Phase 3: c<j?~VU---" S. Approve Purchase of Lot in Castle brook Subdivision No. 1 for Black Cat Lift Station: c:lJ?pr-otA-IL T. Streetlight Agreement for Cedar Springs Subdivision No. 2: ~;JYY?~ U. Change Order No. 1 for Well No. 24 Pumping Facilities _ Irminger Construction: tftJ9)7TOv...e./ V. Approve Bills: <<-f?rlM- 4. Department Reports: 5. A. Public Works Department: 1. Discussion of Silverstone Corporate Center Well Site, Well No. 23 - Brad Watson: ~6U f:; IJufJa.Jt- /2-/ 'Zc:03 Request for Reconsideration and Re-opening Public Hearings for Callister Development AZ 03-002 and CPA 03-001: 6. (Items Moved from Consent Agenda)b f SF ?l-pprPt/lA- Ordinance No.: 03- 103"3 AZ 00-026 Request for annexation and zoning of 5.4 acres from Ada County RT zone to R-8 for a proposed planned development for proposed Bear Creek Subdivision No. 6 (fka I approved as Kodiak Development) by Bear Creek LLC - west of Meridian Road one-half mile south of Overland Road: ~ ~ ~"3 -ltJ:J1- 7. 8. Ordinance No.: RZ 03-006 Request for a Rezone of 3.41 acres from R-4 to R-8 zones for Bear Creek No.6 by Westpark Company - west of South Meridian Road and south of West Overland Road: Cif7lY'PVL<-- Ordinance No.: () 3 - ( tJ 3 !:' AZ 03-006 Request for annexation and zoning of 397.11 acres from RUT and R-1 zones to R-8, R-40, L-O, and C-G zones for proposed Paramount Subdivision by Paramount, LLC - west of North Meridian Road and north of West McMillan Road: ~rA-L-- 9. Public Hearing: V AC 03-003 Request for a Vacation of a sewer easement on Lot 2 Block 1 of Pack It Up Subdivision by Pinnacle Meridian City Counci I Agenda - August 5,2003 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours priorto the public meeting. 11. 12. 13. 14. 15. 16. 17. 18. Zo~ Engineers - north of East Overland Road approximately one-half mile west of South 6agle Road: Ccn-v-/7Yt'~ ;J/A fo ~-I. :2-/2003 19. Public Hearing: CUP 03-023 Request for a Conditional Use Permit for an ancillary drive-thru for a full-service bank faCility and for a temporary bank facility in a C-G zone for D. L. Evans Bank by D. L. Evans Bank - 2560 East Fairview Avenue: . ., athn-nej tv /r<{Jt~ -/"1;:: f cl.t IVr ~pYot/d Public Hearing: CUP 03-025 Request for a Conditional Use Permit for a bank facility with a drive-thru window in a C-C zone for Idaho Banking Company by Idaho Banking CompatlY - 1875 S9uth Eagle Road: afl7rrf1..i? tj f<; preF Nve.. ~/;:. 1 e (,e f-r9r ~t/~ Public Hearing: CUP 03-031 Request for a Conditional Use Permit for an educational facility in a 9,058 square foot tenant space in an existing building in an L-O zone for the University of Phoenix by the University of Phoenix - 2950 East Magicview Drive: ti-f-A7Y~,1 To j?Y.e~c~ ';;/1 4 el-t ~krr ~~rPV1~ Public Hearin~ RZ 03-007 Request for a Rezone of .165 acres from R-4 to O-T zones for Schroeder Apartments by H. John Cook - 921 West 2nd Street: a.:f/-t:J'-~J /0 p.ej?&~ I'/.f'" I ell ~ W;?jJ7&rr~~ Public Hearing: CUP 03-026 Request for Conditional Use Permit to remove existing house and construct four apartments, 2 story with bedrooms on upper level, and four single garages attached in a proposed O-T zone for Schroeder Apartments by H. John Cook - 921 West 2nd Street: a--tftrrJL.eJ Iv fretiP~ #+<1 e!-f /?r 4?.J17,;?~ Public Hearing: AZ 03-013 Request for annexation and zoning of 79.77 acres from RUT to R-8, C-G and L-O zones for proposed Kelly Creek Subdivision by Kevin Howell Construction - northwest corner of North Linder Road and West McMillan ROC;l9: /(."ffoI71.€1 h jJr€j?tvz.e..//F fe-(..e ~r- a//J),.>rrevf... 2 (4- Public Hearing: PP 03-014 Request for Preliminary Plat approval of7M3- bUilding lots and 15 other lots on 79.77 acres in proposed R-8, L-O and C- G zones for proposed Kelly Creek Subdivision by Kevin Howell Construction - northwest corner of North Linder Road and West McMillan Road: ct-f7crrhEJ fo jPT1ef?a-u: ./1;: <f (/~ #J- a-j?l'tJV'~ Public Hearing: CUP 03-028 Request for a Conditional Use Permit for a Planned Unit Development for 213 residential units, 34,200 square feet for office uses and 35,790 square feet for commercial uses for proposed Kelly Creek Subdivision by Kevin Howell Construction - northwest corner of North Linder Road and West McMillan Road: cl/~h-e-'J ~ jJYej?~ -r 1(-4 C (.,{ ~ 4f';Jr"vA-L- Approve 2004 Fiscal Year Tentative Budget: Ci.ffro Ire..... '- 67-2-. -;u1J- (() (c):: no deC("JI ~ e~ 11 C4.Iv~ J'e~.('"( 1r->-.. ,.> ,.- / Meridinn City Council Agenda - August 5, 2003 Pagc 4 of 4 All mnterials presented nt public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office nt 888-4433 at lenst 48 hours prior to the public meeting, ** TX .RMATlON REPORT ** AS OF AUG 05 '03\ ~8 PAGE. 131 05 136 07 00 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DATE TIME TO/FROM 08/05.23>05 PUBLIC WORKS 08/l35 23: 07 12084664405 e3/05 23:139 8841159 08/0523:11 2eese48744 08/05 23:13 2088467366 08/0523:158965501 08/0523'17 LIBRARY 08/05 23:20 92083776449 08/05 23:21 206 388 6924 08/l35 23:24 2088886854 08/05 23'26 8950390 00/05 23:28 208 387 6393 08/05 23:29 ADA CTY DEVEll1T 08/05 23'32 206-888-5852 08/05 2:3'34 CHERRY LANE 08/05 23:37 POST OFFICE 08/05 23:40 IDAHO ATHLETIC C 08/l!l5 23:42 !D PRESS TRIBl.l'iE 138/05 23:44 208 88B 6?e0 08/l!l5 23:58 UALLEY TIMES CITY OF MERIDIAN MODE EC--S EC-S EC--S EC--S EC--S EC-S EC--S EC--S EC--S EC-S EC--5 EC--S G3--S EC--S EC--S EC--S EC--S EC--S EC--S ----5 Ml WSEC POS 101'25" ee4 01'27" 004 01'26" 004 01' 25" 004 101'26" 004 01'24" 004 01'55" 004 01'24" 004 101'53" e04 01'25" 1'l04 01' 24" 004 131 '25" 004 02'22" 004 01 '25" 004 01'54" 1304 82'26" 1304 131'26" 1304 I'll'26" 004 01' 25" 004 00'00" 000 CMDIl 125 125 125 125 125 125 125 125 125 125 125 125 125 125 125 125 125 125 125 125 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK BUSY --------------------------------------------------------------------~~---------------------- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, August 5, 2003 at 7:00 p.M. City Council Chambers 1. Roll-call Attendance: ~ Tammy de Weerd ~ Bill Nary ~ Cherie McCandless --$- Keith Bird -11- Mayor Robert Corrie 2. Adoption ofthe Agenda: ~~ 3. Consent Agenda; Approve minutes of July 1S, 2003 City Council Regular Meeting: o//l'1Jv.e. Approve minutes of July 15, 2003 Pre-Council Meeting: (ll'f~V''<- Approve minutes of July 22, 2003 Pre-Council Meeting: ~j1-roV'<.- Findings of Fact and Conclusions of Law for Denial: AZ 03. 002 Request for annexation and zoning of 19,79 acres from RUT to CoG zones for Callister Development by Dave Callister _ southwest comer of West Overland Road and South Stoddard Road; ~j1Y"ov,,<- Findings of Fact and Conclusions of Law for Denial: CUP 03- 001 Request for a Conditional Use Permit for a contractor's yard for an excavation company and mini-slorage facilities on 5.91 acres for Callister Development by Dave Callister - southwest corner of West Overland Road and South Stoddard Road: ap?r&'f'J'- Findings of Fact and Conclusions of Law for Denial: CPA 03- 001 Request for a Comprehensive Plan Amendment to change approximately 12.25 acres of the site from mixed-usa-neighborhood to commercia] for Callister Development by Dave Callister _ southwest corner of West Overland Road and South Stoddard Road: ~V'<- A. B. C. 6 - D. G - E. 6 - F. M.nd.M City C'Ilun<U A~endl- AU&"" 5. 200; P'go 1 of 4 All nuteri~l$ prcscntc4:Sf ~ubljc :m~elin~ s~U bt'C'(l~FQPc:rty url1ie Cit)' of Meridi.an. Anyone- d-c:sirl"G a<<:ommcdaoOI1 fo'dj$abiliti~ .rel~Md (OdOClm\tu!.:: and/ur ht'.ui.tig pletL"-;-Cflnmctthc Cl'!)o' Clcrt's OffiCf.;u88S44JJ ;Jllrut48 hours prior lo thcJlubli.c m<<:1in.c. Item Packet Pickup .~ MEETING DATE: August 5_J_ 2003 City Council ADA COUNTY RECORDER J. DAVID BOISE IDAHO 08/14/03 12:32 PM DEPUTY Michelle Turner RECORDED - REQUEST OF Meridian City AMOUNT .00 \RRO 30 1111111111111111111111111111111111111 103137113 DEVELOPMENT AGREEMENT Revised July 11, 2003 (Ownership Change from Kodiak {Jim Jewett) to Bear Creek, LLC) PARTIES: 1. 2. City of Meridian Bear Creek, LLC, OwnerlDeveloper THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this 5riJ.. day of ~)-'UJ -6 ,2003, by and between CITY OF MERIDIAN, a municipal corporation of the State ofIdaho, hereafter called "CITY", and BEAR CREEK, LLC, an Idaho Limited Liability Company, hereinafter called "OWNER/DEVELOPER", whose address is P.O. Box 344, Meridian, Idaho 83680. 1. RECIT ALS: 1.1 WHEREAS, "Owner/Developer" is the sole owner, in law and/or equity, of certain tract ofland in the County of Ada, State ofIdaho, 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. S67~6511A, Idaho Code, provides that cities may, by ordinance, require Of permit as a condition ofre-zoning that the "Owner/Developer" 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 11-16-4 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" described in Exhibit A, and has fequested a designation ofR-8 Medium Density Residential District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owner/Developer" made representations at the public hearings both before the Meridian Planning & Zoning DEVELOPMENT AGREEMENT (AZ-OO-026) - 1 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 ofthe proceedings for the requested am1exation 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 ;3J:!!.dayof ~ 2001, 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, the "Findings" require the "OwnerlDeveloper" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER/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 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. DEVELOPMENT AGREEMENT (AZ~OOJ026) - 2 NOW, THEREFORE, in consideration ofthe 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 palty 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 "OWNER/DEVELOPER": means and refers to Bear Creek, LLC, an Idaho Limited Liability Company, whose address is P.O. Box 344, Meridian, Idaho 83680, 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. 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 Section 11-7-2 (D) which are herein specified as follows: Construction and development of a possible planned unit development. 4.2 No change in the uses specified in this Agreement shall be allowed without modification ofthis Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "OwnerlDeve1oper" is required to submit to "City" an application for conditional use permit, and shall be required to obtain the DEVELOPMENT AGREEMENT (AZ-OO-026) - 3 "City's" approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property". 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.A "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: 6.1 The requested R-8 zone is permitted and compatible with the comprehensive plan designation of single-family residential and shall allow the proposed mix of residential, RV storage and day care center under a Conditional Use Permit. 6.2 The easterly portion of the subject property can be adequately served by an extension of the existing sanitary sewer and water located in the Elk Run Subdivision. Development ofthe westerly portion ofthe parcel shall require extension ofthe future Black Cat Trunk Sewer. 6.3 The proposed R~8 zone and mixed use development concepts shall be compatible with and provide a good transition between the church/planned development to the south and the single-family residential to the north. 6.4 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 6.5 A condition of the Development Agreement shall be that the build-out gross density ofthe entire 5A-acre parcel shall not exceed four (4) dwelling units per acre, although housing types permitted under the R-8 zone will be permitted. 6.6 A condition of the Development Agreement shall be that future development and use of the subject property shall occur only through the Conditional Use Permit process. 6.7 Approximately half of the subject parcel is designated to sewer into the Black Cat Trunk which shall be constructed in the future through Bear Creek Subdivision to the west. The other half, fronting Kuna-Meridian Road, is designated to sewer into the 12-inch sewer that shall be extended from Elk Run Subdivision. The Bear Creek Subdivision lift station shall be designed to serve only itself. The lift station shall discharge into an existing eight-inch gravity sewer line in Overland Road which shall be at or over capacity at DEVELOPMENT AGREEMENT (AZ-OO-026) - 4 build-out of Bear Creek Subdivision. The Bear Creek developer and his engineer are aware that as additional phases are developed, flows into the eight-inch receiving sewer shall be monitored and, if capacity is exceeded, they shall be required to re-route the pressure sewer to the Ten Mile Trunk along the east-bound off ramp ofI-84. As per P&Z Commission and Council approval of the Bear Creek project, the lift station is being sized only for Bear Creek Subdivision. No provisions are being made for any other development to sewer into it, including Kodiak. Adopt the additional condition and action from City Council's meeting held on March 20,2001, as follows; 6.8 Applicant shall provide any and all necessary easements so that the sewer extension may be constructed through the property without any obstructions. 7. 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 "Owner/Developer" or "OwnerlDeveloper's" heirs, successors, assigns, to comply with Section 6 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. 9 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner/Developer" 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 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner/Developer" and ifthe "Owner/Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owner/Developer" 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 DEVELOPMENT AGREEMENT (AZ-OO-026) - 5 thereof in accordance with the tenus and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Owner/Developer", "Owner/Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully 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. 10.2 A waiver by "City" of any default by "Owner/Developer" 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. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner/Developer's" cost, and submit proof of such recording to "OwnerlDeveIoper", 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. 12. ZONING: "City" shall, following recordation ofthe duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City" or "Owner/Developer", 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. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner/Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior DEVELOPMENT AGREEMENT (AZ-OO-026) - 6 to the non-breaching party's 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, ifthe 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. 13.2 In the event the performance of any covenant to be perfonned hereunder by either "Owner/Developer" 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. 14. 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 "Owner/Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The ~~Owner/Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner/Developer" 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". 16. ABIDE BY ALL CITY ORDINANCES: That "Owner/Developer" 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 Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. 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: DEVELOPMENT AGREEMENT (AZ-OO-026) - 7 CITY: O~ERJDEVELOPER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 Bear Creek, LLC, an Idaho Limited Liability Company P.O. Box 344 Meridian, Idaho 83680 wi th copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, rD 83642 17.1 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. 18. 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. 19. 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 any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. 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 "Owner/Developer", to execute appropriate and recordable evidence oftennination of this Agreement if "City", in its sole DEVELOPMENT AGREEMENT (AZ-OO-026) - 8 and reasonable discretion, had detennined that "Owner/Developer" has fully perfonned its obligations under this Agreement. 21. 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. 22. 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 shan 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". 22.1 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 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. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Metidian Zoning Ordinance in connection with the annexation and zoning ofthe "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ-OO-026) - 9 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. BEAR CREEK, LLC, an Idaho Limited Liability Company BY: u<4lJ.-rL----- ItJw~ Attest: BY: BY RESOLUTION NO. "-- CITY OF MERIDIAN Attest: B~? 7dlnrn--f::/- d'eJuU4CL -t.fhA {ii")ttllc,.~ f'JreJ/di'lvt- \\\\llllP'IIUI, . /' \\\\ f Mr:- III \,\\ _I 0 L:.f1/1'> 1111/ ", :<.."\ v&-, // .:;' () ~()Q. -71,.-~... ~ cP~' "'l ~ ~ 2 ~ 0 ~ - ~ - - - - - - CITY CLERK BY RESOLUTION NO. - "'&. & 2 -;. GIG< ,OJ 0 2 ~ ""0 IS,! 1S"\ . ~.$' 'l-;.. '1 ~ ~ ,,'<' //IIIIICOUNT'l . ~\\\'\" 111i111l1t 111\\\\\\ DEVELOPMENT AGREEMENT (AZ-OO-026) - 10 STATE OF IDAHO ) :ss COUNTY OF ADA ) On this f)-Ht day of ,HrA.,*uS---t , in the year 2003, before me, Sh,llJn,\ S~~ a Notary Public, personally appeared ~ y p~ ;\lJVvvt,,~6VL> and members of Bear Creek, LC, an Idaho Limited Liability Company, known or identified to me to be one of the members of the Limited Liability Company who executed the instrument and the member who subscribed said Limited Liability Company and acknowledge to me that such Limited Liability Company having executed the same. (SEAL) "asm". 00- N 8~"""". .. --........ .- .. ,....~ TA ~"" ~.. ." /~o -~~\~.,. " (;0:), \ . H : I S .. , I Ii S , , Ii .. , , <Iil " ' I . 'G \. ~~. ed".. ..".. ~ ~?.:.-_."" .... ..."':'.f1OFlP.... ...."........ XhCUWY1 ~-fL-J Notary Public for Idaho Commission expires: tf- 2 ~--D5 STATE OF IDAHO ) :ss County of Ada ) (SEAL) ~r~ ~. On this '1 day of JS-A. S'i- , in the year 2003, before me, a Notary Public, personally appeared.~~~e .anddWilliam G. Berg, know or identified to me to be .~hr ~:-aj9,d ~~ respettlve~~ the City of Meridian) who executed the i~~tYtfie~~~bn~h~t executed the instrument of behalf of said City, and ,oa," u.o.r..a...~...t" acknowle b 1:t\'l'-~'WdJ1t ~h City executed the same. -q... oo...e." .,."" .. eo. '\ .... ~\\ y \ ~ \. :lo \ 0: 0, .. ':::,. ,CJ i 0 = V :::r::S p\l~ . ~ l;! eO 5> !<i ....." ~ '\; ~, A. TE. ~%%'I>1>~~ aasuB"" ~}J,\n ~ W(}l~ Notary Public for Idaho I JAil Commission expires: 9 -7.B v-r Z:\ Work\M\Meridian\Meridian 153 60MIKodiak AZ026\DevelopAgr.doc DEVELOPMENT AGREEMENT (AZ-OO-026) - 11 EXHIBIT A Le2:al Description Of PropertY A parcel ofland located in the NE 1.4 of the SE 1.4 of Section 24, Township 3 North, Range 1 West of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: COMMENCING at the northeast comer of the SE ~ (East ~ comer) of Section 24, T.3N., R. 1 W., B.M., thence N 89027'07" W 65.00 feet along the north line of said SE l;.\ to a point on the westerly right of way of the Kuna-Meridian Highway; Thence S 00039'02" W 185.77 feet along said right of way to a point; Thence N 87008'00" W 32.35 feet to a point; Thence N 89027'12" W 395.98 feet to the REAL POINT OF BEGINNING of this description; Thence N 89027'12" W 821.92 feet to a point on the west line ofthe NE y,j of the SE t,..:;; Thence S 00045'52" W 95.51 feet along said west line to a point; Thence S 89027'07" E 779.42 feet to a point; Thence N 24042'55" E 104.71 feet to the REAL POINT OF BEGINNING of this description. This parcel contains 1.756 acres, more or less. EXCEPT: A parcel of land located in the NE ~ of the SE ~ of Section 24, Township 3 North, Range 1 West of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northeast comer of the SE y,j (East ~ comer) of Section 24, T.3N., R.l W., B.M., thence N 89027'07" W 65.00 feet along the north line of said SE 1/4 to a point on the westerly right of way of the Kuna~Meridian Highway, the REAL POINT OF BEGINNING of this description; Thence S 00039'02" W 185.77 feet along said right of way to a point; DEVELOPMENT AGREEMENT (AZ-QQ-Q26) - 12 Thence N 87008'00" W 32.35 feet to a point; Thence N 89027' 12" W 395.98 feet to a point; Thence N 24042'55" E 9.61 feet to a point; Thence N 48033'22" E 243.90 feet to a point; Thence N 85028'57" E 141.94 feet to a point on the north line of said SE ~; Thence S 89027'07" E 102.05 feet to the REAL POINT OF BEGINNING of this description. This parcel contains 1.387 acres, more or less. DEVELOPMENT AGREEMENT (AZ-OO-026) - 13 EXHIBIT B Findin2s of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT (AZ-OO-026) - 14 BEFORE THE MERIDIAN CITY COUNCIL C;C 03-20-01 IN THE MATTER OF THE ) APPLICATION OF HUBBLE ) ENGINEERING, THE ) APPLICATION FOR ) ANNEXATION AND ZONING ) OF 5.4 ACRES FOR KODIAK ) DEVELOPMENT1LOCATED ) WEST OF MERIDIAN ROAD Ih. ) MILE SOUTH OF OVERlAND ) ROAD, MERIDIAN, IDAHO ) ) Case No. AZ-OO-026 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 February 20,2001, and continued until March 6,2001 and March 20,2001, at the hour of 7:30 p,m" and Gary Smith, Public Works Department, appeared and testified, and appearing on behalf of the Applicant was Jim Jewett, and no one appeared in opposition, 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 AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT / (AZ-OO-026) FINDINGS OF FACT I. 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 February 20,2001, and continued until March 6, 2001 and March 20, 2001, before the City Council, the first publication appearing and written notice having been mailed to property ovvners 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 February 20,2001, and continued until March 6, 2001 and March 20, 2001, public hearing; and the applicant, affected property O'wners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and isubmit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code ~~ 67~6509 and 67~6511, and Meridian City Code ~s 11-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODW( DEVELOPMENT I (AZ-OO-026) Page 2 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 es~ablishing the Impact Area Boundary. 4. The property which is the subject of 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 5.4 acres in size and is located west of Meridian Road Y2 mile south of Overland Road. The property is designated as Kodiak Development. 6. The owner of record of the subject property is the Jim Jewett, of Boise, Idaho. 7. Applicant is Hubble ~ngineering,.Inc., of Meridian, Idaho. 8. The propeny is presently zoned by Ada County as RUT, and consists of Residential. 9. The Applicant requests the property be zoned as R~8. 10. The subject property is bordered to the north and west by R"4 residential zoning and subdivisions, to the south by the proposed Valley Shepherd Church, zoned R-8, and to the east by RUT Ada County zoning with a single family residential use and heavy truck parking. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT I (AZ~OO-026) Page 3 11. The property which is the subject of this application is \vithin 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 as defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following manner: a possible planned unit development. 14. The Applicant requests zoning of the subject real property as R~8 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 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 Planning and Zoning and Engineering staff as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ AND DECISIQN AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT I (AZ.OO~026) , Page 4 16.1 The request-ed R-B zone is permitted and compatible with the comprehensive plan designation of single-family residential and shall allow the proposed mix of residential, RV storage and day care center under a Conditional Use Permit. 16.2 The easterly portion of the subject property can be adequately served by an extension of the existing sanitary sewer and water located in the Elk Run Subdivision. Development of the westerly portion of the parcel shall require extension of the future Black Cat Trunk Sewer. I 6.3 The pr9posed R-B zone and mixed use development concepts shall be compatible "vith and provide a good transition between the church/planned development to the south and the single.family residential to the north. 16.4 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 16.5 A condition of the Development Agreement shall be that the build-out gross density of the entire 5.4.acre parcel shall not exceed four (4) dwelling units per acre, although housing types permitted under the R-8 zone will be permitted. 16.6 A condition of the Development Agreement shall be that future development and use of the subject property shall occur only through the Conditional Use Permit process. 16.7 Approximately half of the subject parcel is designated to sewer into the Black Cat Trunk which shall be constructed in the future through Bear Creek Subdivision to the west. The other half, fronting Kuna-Meridian Road, is designated to sewer into the 12-inch sewer that shall be extended from Elk Run Subdivision. The Bear Creek Subdivision lift station shall be designed to serve only itself. The lift station shall discharge into an existing eight-inch gravity sewer line in Overland Road which shall be at or over capacity at build-out of Bear Creek . Subdivision. The Bear Creek developer and his engineer are aware that as additional phases are developed, flows into the eight-inch receiving FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT I (AZ-OO-026) Page 5 sewer shall be monitored and, if capacity is exceeded, they shall be required to re-route the pressure sewer to the Ten Mile Trunk along the east-bound off ramp of 1-84..As per P&Z Commission and Council approval of the Bear Creek project, the lift station is being sized only for Bear Creek Subdivision. No provisions are being made for any other development to sewer into it, including Kodiak. Adopt the additional condition and action from City Council's meeting held on March 20, 200 I, as follows 16.8 Applicant shall provide any and all necessary easements so that the sewer extension may be constructed through the property without any obstructions. 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, a condition of annexation and zoning designation. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT / (AZ~OO-026) Page 6 potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 19. It is found that the zoning of the subject real property as Medium Density Residential District (RM8) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as singleMfamily residential. 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 ordinance 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT / (AZ~OO-026) Page 7 Comprehensive Plan and the zoning ordinance 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 ordinance of the City to the subject application. 21. The property can be physically serviced with City water and sewer. 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 S 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 tal(e judicial notice of govenunent 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 PI . g Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of' omprehensive Plan, City of Meridian, adopted FINDINGS OF FACT AND CO eLUSIONS OF LAW - AND DECISION AND ORDER RANTING APPLICATION FOR ANNEXATION AND ZO NG/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT I ( -00-026) Page 8 December 21, 1993, Ord, No. 629, January 4, 1994.' 4. The foIlovving 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 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 commtmity. 4.5 To preserve and improve the character and quality of Meridian's man.made envirorunent 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNExATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT / (AZ.OO-026) Page 9 ( -. 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. 4.l0 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 5. The zoning of Medium Density Residential District (R-8) is defined in the Zoning Ordinance at !} 11~7-2 D as follows: (R-8) Medium Density Residential District: The purpose of the R-8 District is to pennit the establislunent of single- and rnro-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive PLan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and develop a possible planned unit development. 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). FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT I (AZ-OO-026) 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 dev~lopment 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. 9. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinances of the City of Meridian. 10. Section 11-16-4 A of the Zoning and Development Ordinance provides in part as foHows: 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 Coundl, 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT / (AZ-OO-026) 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: L The applicant's request for annexation and zoning of approximately 5.4 acres to Medium Density Residential District (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 5.4 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. Developer 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: Adopt the Recommendations of Planning and Zoning and Engineering staff as follows: 3.1 The requested R-B zone is permitted and compatible with the comprehensive plan designation of single-family residential and shall FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT I (AZ-OO-026) allow the proposed mix of residential; RV storage and day care center under a Conditional Use Permit. 3.2 The easterly portion of the subject property can be adequately selved by an extension of the existing sanitary sewer and water located in the Elk Run Subdivision. Development of the westerly portion of the parcel shall require extension of the future Black. Cat Trunk Sewer. 3.3 The proposed R-8 zone and mixed use development concepts shall be compatible with and provide a good transition between the church/planned development to the south and the single-family residential to the north. 3.4 Applicant shall be required to enter into a Development Agreement 'f,vith the City as a condition of annexation. 3.5 A condition of the Development Agreement shall be that the build-out gross density of the entire 5.4-acre parcel shall not exceed four (4) dwelling units per acre, although housing types permitted under the RoB zone will be permitted. 3.6 A condition of the Development Agreement shall be that future development and use of the subject property shall occur only through the Conditional Use Permit process. 3.7 Approximately half ofthe subject parcel is designated to sewer into the Black Cat Trunk which shall be constructed in the future through Bear Creek Subdivision to the west. The other half, fronting Kuna-Meridian Road, is designated to sewer into the 12-inch sewer that shall be extended from Elk Run Subdivision. The Bear Creek Subdivision lift station shall be designed to serve only itself. The lift station shall discharge into an existing eight-inch gravity sewer line in Overland Road which shall be at or over capacity at build-out of Bear Creek Subdivision. The Bear Creek developer and his engineer are aware that as additional phases are developed, flows into the eight-inch receiving sewer shall be monitored and, if capacity is exceeded, they shall be FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION .Al"lD ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIBY HUBBLE ENGINEERING KODIAK DEVELOPMENT / (AZ-OO-026) required to_fe-route the pressure sewer to the Ten Mile Trunk along the east-bound off ramp of 1-84. As pel' P&Z Commission and Council approval of the Bear Creek project, the lift station is being sized only for Bear Creek Subdivision. No provisions are being made for any other development to sewer into it, induding Kodiak. Adopt the additional condition and action from City Council's meeting held on March 20, 2001, as follows 3,8 Applicant shall provide any and all necessary easements so that the sewer extension may be constructed through the property without any obstructions. 4. 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-8) Medium Density Residential District, and Meridian City Code ~ 11-7-2 D. 5, 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 Melidian City Code ~ 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT / (AZ-OO-026) - NOTICE OF FINAL ACTION Please tal(e 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 ?/bfJ c/ ~ day of ~ , 2001. ROLL CALL COUNCILMAN RON ANDERSON VOTED~ COUNCILMAN KEITH BIRD VOTED$.tt- COUNCILWOMAN TAMMY deWEERD VOTED~ COUNCILWOMAN CHERlE McCANDLESS VOTED~ IvIAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED - DATED: .f- - :3 - tJ / FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT I (AZ-OO-026) MOTION: ~_____-, APPROVED:~ DISAPPROVED: By:JI~P~ City Oerk Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. . ,~\'\1'\.u...t~rIUItI . ~"i,~~ 0'<::: ~A'l~r ~lli "~A"'.{ "Inqtlh. '.-:...P ~..' ,," ~'-~~"" ,,~ i">> ..... Ob~ ',r. oF ...., r,_('JF-f' -''''l i'J. ' Y.j, .s: I~~":' ~o '~\ ~ Dated: 1--3-&( ff SEAL \ ~ % ~ 'r::,~.! ~ d# "I,;~ of:;) ,'^' ~ ~ ;, ICi'" 1""\ ~ .""O.;t: ~, ;.; -...~,....- ~.. I" .~ Ch..~. '(Oil' ~,<' --<.v..;,.VUNTl'. ~~. 'i':qtnt~"'''"\t\\\~ Z:\ Work\M\Meridian\Meridian 15360MIKodiak AZ026\AZFfCIsOrder.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT / (AZ-OO~026) ADA COUNTY RECORDER J. DAVID NAVARRO BOISE 10.a.HO OSI14103 12:32 PM DEPUTY Michelle Turner III RECp~DED,-REaUEST OF 1111111111111111111111111111111111 Meridian City 103137116 AMOUNT .00 78 DEVELOPMENT AGREEMENT PARTIES: 1. 2. 3. 4. 5. 6. City of Meridian . Ron and Becky Hanks, Owner Sheridan Kooyers, Owner Meridian Joint School Disttict No.2, Owner Dwaine and Sharon Wolfe, Owner Paramount, LLC, OwnerlDeveloper TI-llS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this .1:5~!:::.. day of <7tc.Lti ,2003, by and between CITY OF :MERIDIAN, a municipal corporation ofthe State of Idaho, hereafter called "CITY', and RON AND BECKY HANKS, whose address is 5120 N. Linder Road, Meridian, Idaho 83642, and Shelidan Kooyers, whose address is 5940 N. Linder Road, Meridian, Idaho 83642, and Meridian Joint School District No, 2, whose address is 911 N. Melidian' Road, Metidian, Idaho 83642, and Dwaine and Sharon 'Volfe, whose address is 4895 N. Meridian Road, Meridian, Idaho 83642, hereinafter called "OWNERS", and PARAMOillTT, LLC, whose address is 12426 W. E.xplorer Drive, Suite 220,.,Boise, Idaho 83713, hereinafter callcd "OWNER/DEVELOPER". 1. RECIT ALS: 1.1 WHEREAS, ':OV-lNERS" and "OWNER/DEVELOPER" are the sole owners, in law and/or equity, of celtain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "PropeTty"~ and 1.2 \VHEREAS, I.c. ~ 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owners" or "Owner/Developer" make a written commitment conceming 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 11-16-4 A, which authorizes development ilgreemenrs upon the annexation andlor re-zoning of land~ and DEVELOPMENT AGREEMENT (AZ-03-006) - 1 1.4 WHEREAS, "Owners" and "OwnerlDeveloper" have submitted an application for annexation ahd zoning of the "Property's" desclibed in Exhibit A, and has requested a designation of (R-8) Medium Density Residential Disuiet, (RAG) High Density Residential Distliet, (L-O) Limited Office, and (C-G) General Retail and Service Commercial, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owners" and "OwnerfDeveloper" 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 Meri,dian planning jurisdiction, and received further testimony and comment; and 1.7 rf!::. --r WHEREAS, City Council, the ~ day of d~ , 2003, 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 refeHed to as (the "Findings"); and 1.8 WHEREAS, the Findings r:::quire the "Owners" and "OwnerlDeveloper" to enter into a development agreement before the City COllncil takes final action on annexation and zoning designation; and 1.9 "OWNERS" and "OWNERIDEVELOPER" deem 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 1.9 WHEREAS, "City" requires the "Owners" and "Owner/Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the DEVELOPMENT AGREElvfENT UQAJ3.006) - 2 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 designation from government subdivisions providing services within the planning jurisdiction a'nd from affected property owners and to ensure annexation and zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2003, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Melidian 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 vhtue of law of the State of Idaho, whose address is 33 East Idaho A venue, Meridian, Idaho 8::;642. 3.2 "OWNERS": means and refers to Ron and Becky Hanks, whose address is 5120 N. Linder Road, Meridian, Idaho 83642, Sheridan Kooyers, whose address is 5940 N. Linder Road, Meridian, Idaho 83642, Meridian Joint School District No.2, whose address is 911 N. Meridian Road, Meridian, Idaho 83642, and Dwaine and Sharon Wolfe, whose address is 4895 N. Meridian Road, Meridian, Idaho 8364.2" the parties developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "OWNER/DEVELOPER": means and refers to Paramount, LLC, whose address is 12426 W. Explorer Drive, Suite 220, Boise, DEVELOPMENT AGREEMENT (A7..03"006) - 3 Idaho 83713, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property", 3.4 "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 describing the parcels to be annexed and zoned R-8, R-40, L-O and C-G attached hereto and by this reference incorporated herein as if set forth at length. 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 Section 11-7-2 (D, F, G, and K.) which are herein specified as follows: Construction and development of a planned development consisting of 764 single-family building lots, 73 townhouse lots, 270 apmtments, 4 mixed-use areas with approximately 577,606 s. f. of office and retail space, and 32 common lots on 392.17 acres in proposed R~8, R-40, L-O and C~G zones. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. ,DEVELOPMENT IN CONDITIONAL USE: "Owners" and "Owner/Developer" have submitted to "City" an application for conditional use pelmit, and shall be required to obtain the "City's" approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.A "Owners" and "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: DEVELOPMENT AGREEMENT (AZ-03-006) - 4 A. Adopt the Reconunendations of the Meridian Planning & Zoning Department as follows: ANEXA TION AND ZONlNG CONDTIONS OF APPROVAL 1. Remove any existing domestic wells ancl/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian, Wells may be used for non-domestic purposes such as landscape irrigation. 2. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate itTigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final ,plat signature. 3. A Development Agreement shall be entered into between the Developer and the City of Meridian that will require, among other conditions, th'at all future commercial, townhouse, and multi-family uses obtain conditional use pennit approval plior to development, the construction of the multi-use pathway, and limiting Lots 1-13, Block 32, Lots 1-12, Block 33, Lots 1-12 Block34 and Lots 1-13, Block 35 to attached and townhouse construction only and limiting Lots 1-13 Block 30, Lots 1-2 Block 31, Lots 1-12 Block 36, and Lots 1-13 Block 37 to one dwelling per lot. 4. The applicant shall negotiate with the Ci ty of Meridian as to the location of a permanent easement and temporary construction easement through the project to Meridian Road for the North Slough Sewer Trunk after the Preliminary Plat approval. (Per the action of the City Council taken at their June 3, 2003 meeting.) 5. The applicant .shall remove Lot 57, Block 3 from the legal description (the south 'Nest comer of the subdivision) because it does not meet the minimum findings for an "excepted" use (MCC 12 6 3). /.. revised legal description for the development shall be submitted to the Public .Works Department for revievl, prior to approval. (Deleted per action of the City Council taken at their June 3, 2003 meeting,) B. Adopt the Recommendations of the ACHD as follows: DEVELOPMENT AGREEMENT (AZ-03-006) - 5 Site Specific Conditions of Approval 1, The applicant shall do one of the following requirements for Meridian Road; a. Dedicate by donation an additionallO-feet of right-of-way along Meridian Road, and construct a minimum 5-foot wide concrete sidewalk along Meridian Road, located a minimum of 28-feet from the centerline of the light-of-way. b. Do not dedicate additional light-of-way, but construct a minimum 5-foot wide concrete sidewalk along Meridian Road, located a minimum of 28-feet from the centerline of the tjght-of-way, in an easement provided to the District. c. Do not dedicate additional light-of-way, but construct a minimum 5-foot wide concrete sidewalk along Meridian Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. The applicant shall do one of the following requirements for Linder Road: a. Dedicate by donation an additional 23-feet of right-of-way along Linder Road, and construct a minimum 5-foot wide concrete sidewalk along Linder Road, located a minimum of 4 I-feet from the centerline of the light-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Linder Road, located a minimum of 41-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional tight-of-way, but construct a minimum 5-foot wide concrete sidewalk along Linder Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 3. The applicant shall do one of the following requirements for McMillan Road: DEVELOPMENT AGREEMENT (AZ-03..006) - 6 a. Dedicate by donation an additionallO-feet of right-of-way along McMillan Road, and construct a minimum 5-foot wide concrete sidewalk along McMman Road, located a minimum of 28-feet from the centerline of the right-of-way. b. Do not dedicate additionaJright-of-way, but construct a minimum 5-foot wide concrete sidewalk along McMillan Road, located a minimum of 28-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along]vIcMilIan Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 4. Construct West Studio Drive to intersect North Meridian Road approximately 1 ,300-feet north of McMillan Road, as proposed. 5. Construct West Producer Street to intersect Meridian Road approximately 2,470-feet north of McMillan Road, as proposed. 6. Construct West Director Street to intersect Meridian Road approximately 960-feet south of Chinden Boulevard, as proposed. 7. Construct West Paramount Drive approximately 2,420-feet south of Chinden Boulevard to align with West Cayuse Avenue (a main entrance that was approved on May 22,2002 as a part of Lochsa Falls Subdivision), as proposed. 8. Construct West Studio Drive to intersect McMillan Road approximately 1,260-feet west of Meridian Road, as proposed. 9. Relocate th~ intersections of West Dreyfus Street/Producer Avenue and the North Lange AvenuelProducer Avenue to provide a minimum offset of 125- feet (measured from centerline to centerline). 10. Construct: . North Cinema Way (from Chinden Boulevard to West Director Street), e West Director Street (from Meridian Road to North Cinema Way), () West Producer Street (from Meridian Road to North Mitchum Avenue), DEVELOPMENT AGREEMENT (AZ-03-006) - 7 e West Studio Drive (from Meridian Road to McMillan Road) and e West Paramount Drive (from Linder Road to North Arliss Avenue) as 40-foot street sections with vertical curb, gutter and 5-foot attached concrete sidewalk within 54-feet of right-of-way. 11. Construct: .. West Paramount Drive (from North Arliss Avenue to North. Cinema Way), e North Bergman Avenue (from West Paramount Drive to the north property line), .. North Cinema Way (from West Director Street to West Colbert Street), . North Chaplin Drive (from North Cinema Way to North Cinema Way), liI West Gable Street (from North Cinema Way to West Producer Street) and III West Producer Street (from NOlih Mitchum Avenue to North Hopkins Avenue) as 36-foot street sections with rolled curb, gutter and 5-foot attached Goncrete sidewalk, as proposed. 12. Construct the remainder of the internal roadways as 33-foot street sections with curb, gutter, 5-foot attached concrete sidewalk and parking on both sides of the roadway within 50-feet of right-of-way, as proposed. Submit documentation showing the review and approval from the Meridian Fire Department. 13. Extend NOlih Wayman Avenue as a stub street to the south property line approximately 1,900-feet west of Meridian Road, as proposed. Install a sign at the telminus of the roadway stating that, "TillS ROAD WILL BE EXTENDED IN THE FUTURE". 14. Extend NOlih Cinema Way as a stub street to the south property line approximately 2,050-feet east of Linder Road, as proposed. Install a sign at the tenninus of the roadway stating that, "TillS ROAD WILL BE EXTENDED IN THE FUTURE 'I , 15. Extend North Bergman Avenue as a stub street to the north property line approximately 1,220-feet east of Linder Road, as proposed. Install a sign at the terminus of the roadway stating that, "TillS ROAD WILL BE EXTENDED IN THE FUTURE". ***See Finding for Consideration B item #7. DEVELOPMENT AGREEMENT (AZ-03-006) . 8 16. Extend North Arliss Avenue as a stub street to the north property line approximately 820-feet east of Linder Road, as proposed. Install a sign at the terminus of the roadway stating that, i'THIS ROAD WILL BE EXTENDED IN THE FUTURE". 17, Provide access to West Producer Street (by a stub street or by shifting the roadway to the north) for the undeveloped parcels located directly to the north (the Packard and Mastropaolo properties). 18. Construct a I6-foot wide residential alley between West Oliver Street and West Peck Street and West Studio Dlive and West Producer Street, as proposed. bnprove the alley its full width and provide a minimum of back-of-curb radius of IS-feet at all alley intersections. Parldng shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22- feet for perpendicular parking. Any access to an alley shall be located a minimum of 25-feet from the nearest public street. Parking in the alley is prohibited. 19. Construct a 16-foot wide residential alley between West Poitier Street and West Peck Street and West Studio Drive and West Producer Street, as proposed. !improve the alley its full width and provide a minimum of back-of-curb radius of IS-feet at all alley intersections. Parking shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22- feet for perpendicular parking. An access to an alley shall be located a minimum of 25-feet from the nearest public street. Parking in the alley is prohibited. 20. Construct three roundabouts within the public right-of-way, as proposed. · On West Director Street (mid way between Meridian Road and North Cinema Way) 1& At the intersection of Chaplin Street and North Diettich Avenue e At the intersection of Cagney Street and NOlth Dietrich Avenue The roundabouts shall be designed with a minimum of a 21-foot street section on either side of the center islands. The applicant will be required to dedicate sufficient light-of-way on either side of an island. Coordinate the size and design of the roundabouts with traffic services staff. 21. Do not construct a roundabout at the intersection of North Bergman A venue and Bacall Street unless a temporary turnaround is constructed at the terminus of North Bergman Avenue or North Bergman A venue will be extended at the time that this portion of the preliminary plat is final platted, DEVELOPMENT AGREEMENT (AZ-03-006) - 9 22. Construct one knuckle with an island in the center, as proposed. Construct the island to be a minimum of 4-feet wide with a minimum area of 100-square feet and designed to safely channel traffic. The roadway around the traffic island shall maintain a minimum of a 29-foot street section. The design shall be reviewed and approved by ACHDis Traffic 'Services staff. 23. When the District receives a formal application for the multi-family use and/or the commercial use, the District willl:~view and approve driveway locations in accordance with the policies and guidelines that are in effect at that time. The District's cunent policies are provided for informational purposes only and can be found in Findings for Consideration #9 on pages 13 and 14 of this report. 24. Construct a number of islands within the public light-of-way, as proposed. Maintain minimum of a 21-foot street section on either side of the center islands. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat 25. Construct a southbound left turn lane on Linder Road at the West Paramount DrivelLinder Road intersection, as recommended by the submitted traffic impact study. PlioI' to submittal of the final plat for the 201 sl residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis, Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACED staff, to make certain the turn lanes are constructed as needed. 26. Construct a n()rthbound right turn lane on Linder Road at the West Paramount Drive/Linder Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 sl residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a DEVELOPMENT AGREEMENT (AZ-03-006) - 10 traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 27. Construct an eastbound left turn lane on McMillan Road at the West Studio Drive/McMillan Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 st residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the 'applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analys'is. Staff encourages the applicant to submit the tum lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 28, Construct a westbound right turn lane on McMillan Road at the West Studio Drive/McMillan Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 st residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all plior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. DEVELOPMENT AGREEMENT (AZ-03 -006) - 11 29. Construct a noithbound left turn lane on Meridian Road at the West Studio DlivelMelidian Road intersection, as recommended by the submitted traffic- impact study. PlioI' to submittal of the final plat for the 201 sl residential lot, or the platting of the first non-residential lot, whichever conies first, ACHD staff shall determine the need for additional turn lane a!1alysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 30. Construct a southbound right turn lane on Meridian Road at the West Studio DrivelMeridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 sl resIdential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. FUlther analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 31. Construct a northbound left turn lane on Meridian Road at the West Producer StreetIMeridian Road intersection, as recommended by the submitted traffic impact study. ..prior to submittal of the final plat for the 201 st residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional tum lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all pIior platted lots, and those included to DEVELOPMENT AGREEMENT (A2-03.006) " 12 be platted with that phase. The traffic engineer shall evaluate wanants based on District policy in effect at that time of submittal of the turn lane' analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 32. Construct a southbound right tum lane on MeIidian Road at the West Producer Street/Meridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201st residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate wanants based on District policy in effect at that time of submittal of the tum lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the tumlanes are constructed as needed. 33. Construct a northbound left turn lane on Meridian Road at the West Director Street/Meridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201st residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional tum lane analysis to be provided by the applicant. As requested by ACtID, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate wan"ants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACrID staff, to make certain the turn lanes are constructed as needed. DEVELOPMENT AGREEMENT (AZ-03-006) -] 3 34. Construct a southbound right tum lane on Meridian Road at the West Director StreetlMeridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the: final plat for the 201 st residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall detennine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the tumlane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the tumlanes are constructed as needed. 35. Construct a westbound light tum lane on West Studio Drive at the West Studio Drive/McMillan Road intersection, as recommended by the submitted traffic impact study. 36. Construct an exclusive eastbound left tum lane on West Studio Drive at the West Studio Drive/McMillan Road intersection, as recommended by the submitted traffic impact study. 37. Construct an exclusive northbound left turn lane on West Studio Drive at the West Studio Drive/Meridian Road intersection, as recommended by the submitted traffic impact study. 38. Construct an exclusive southbound right turn lane on West Studio Drive at the West Studio Drive/Meridian Road intersection, as recommended by the submitted traffic impact study. 39. Construct an exclusive northbound left turn lane on West Producer Street at the West Producer StreetJMeridian Road intersection, as recommended by the submitted traffic impact study. 40. Construct an exclusive southbound right tum lane on West Producer Street at the West Producer Street/Meridian Road intersection, as recommended by"the submitted traffic impact study. DEVELOPMENT AGREEMENT (AZ-03-006) - 1.4 41. Construct an exclusive northbound left tum lane on West Director Drive at the West Director Drive/Meridian Road intersection, as recommended by the submitted traffic impact study. 42. Construct an exclusive southbound right tum lane on West Director Drive at the West Director Dlive/Meridian Road intersection, as recommended by the submitted traffic impact study. 43. Construct an exclusive northbound right turn lane on West Paramount Drive at the West Paramount DrivelLinder Road intersection, as recommended by the submitted traffic impact study. 44. Construct a combined through/southbound left turn lane on West Paramount Dlive at the West Paramount DrivelLinder Road intersection, as recommended by the submitted traffic impact study. 45. Submit District a letter from ITD regarding the said requirements prior to District approval of the final plat or issuance of a building pelmit (or other required permits), whichever occurs first. 46. Other than the access points specifically approved with this application, direct lot access to Meridian Road, Linder Road and McMillan Road is prohibited unless otherwise approved by the Ada County Highway District. These restrictions shall be noted on the final plat. 47. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing inigation facilities shall be relocated outside of the light-of- way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. , 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. DEVELOPMENT AGREEMENT (AZ-03-006) -15 4. UtiIitystreet cuts in pavement less than five years old are not allowed unless approved in writing by the District Contact Construction Services at 387- 6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway Dishiet Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically wai ved herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building pelmit (or other requhe.d permits), which incorporates any required design changes. . 7. 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. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLlNE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACED conduits (spare or filled) are compromised dming any phase of construction. 10. 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. 11. 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 DEVELOPMENT AGREEWiENT (AZ-03.0Q6) - 16 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. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. The project which comprised of single family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Acceptance of the water supply for f~re protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. The proposed fire hydrant locations will be submitted to the Public Works for plan review, 4. All roads and fire lanes shall have a turning radius of 28' inside and 48' outside. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible constmction begins, UFC 901.4.2 & 901.3 6, Two points of access will be required for the project or pOltions of the project that serve over 50 homes. This will be a concern the way the project is phased in the early stages of development. 7. Commercial and office occupancies will require a fire-flow consistent with the Unifonn Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apmt, 1997 UFC Appendix ill-A 8. Multi-family residential on the site will require a fire-flow of 1500 GPM plus the amount required by the fire sprinkler demand. 9. All access roads within the project shall have a clear chiving surfa,ce with a minimum width of20' available at all times. Restricted parking on some streets and access points to fire lanes may be required to maintain a clear emergency access which is 20' wide, UFC 902.2.2.1 10. The phasing plan may require. that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a approved turn around. DEVELOPMENT AGREEMENT (AZ.03-006) -17 11. The proposed 1107 unit subdivision with an estimated 2.9 residents per household would have a total estimated population of 3,210 residents at build out. This will generate an estimated 133 calls for service based on historical trends. The commercial, schools and churches will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Melidian Fire Department has experienced 2069 responses in the year 2000 and 2251 calls for service in 2001. According to a report completed by Fire & Emergency Services Consulting Group in February of 2000 our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010, 12. The proposed project lies on the edge of the fi ve-minute response zone goaL Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 13. It is requested that building separations be maintained per the Building Code in Blocks 32, 33, 34, 35,30, 31, 36, 37 to reduce the possibility of fires being transmitted from house to house. .. D. Adopt the Recommendations of Settlers' Irrigation Distlict as follows: 1. That all itrigation/drainage facilities along with their easements be protected and continue to function as such. The laterals involved are the North Slough #2, North Slough, Knight, Lemp, Harrell, Wolf, and Bisby. 2. A license agreements will need to be signed and recorded pnor to construction of any irrigation facilities. 3. All Storm drainage must be retained on-site. 4. Any changes to the existing irrigation system must be approved by Settlers liTigation District. 5. The development must supply irrigation access to all lots within the above- mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system and agreements needs to be in place prior to the pre-construction meeting. DEVELOPMENT AGREEMENT (AZ-OJ-006) - 18 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be telminated, and the zoning designation reversed, upon a default of the "Owners" and "Owner/Developer" or "Owners" and "OwnerlDeveloper's" heirs, successors, assigns, to comply with Section 6 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. S 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owners" and "Owner/Developer" consent 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: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owners" and "OwnerfDeveloper" and if the "Owners" and "Owner/Developer" fails to cure such failure within six (6) months of such notice. ' 9. INSPECTION: "Owners" and "Owner/Developer" 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 tern1S and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Owners" and "OwnerlDeveloper", "Owners" and "OwnerfDeveloper's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully 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. DEVELOPMENT AGREEMENT (AZ-03-006) - 19 10.2 A waiver by "City" of any default by "Owners" and "Owner/Developer" of anyone or more of the covenants or conditions hereof shalI 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. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owners" and "Owner/Developer's" cost, and submit proof of such recording to "Owners" and "Owner/Developer", 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. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. " 13, REMEDIES: This Agreement shall be enforceable in any COUlt of competent jurisdiction by either "City" or "Owners" and "OwnerlDeveloper", 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. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owners" and "OwnerlDeveloper" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's 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 prosequte 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. DEVELOPMENT AGREEMENT (AZ-03-006) - 20 13.2 In the event the pelformance of any covenant to be perlormed hereunder by either "Owner" and "OwnerlDeveloper" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such perlOlmance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such pelformance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, in-evocable letters of credit, cash deposits, celtified check or negotiable bonds, as allowed under Meridian City Code S 12-5-3, to insure that installation of the improvements, which the "Owners" and "OwnerlDeveloper" agrees to provide, if required by the "City", 15. CERTIFICATE OF OCCUPANCY: The "Owners" and "OwnerlDeveloper" agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owners" and "OwnerlDeveloper" 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". 16. ABIDE BY ALL CITY ORDINANCES: That "Owners" and "OwnerlDeveloper" 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 Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties andioT 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: OWNERS: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ill 83642 RON and BECKY HANKS 5120 N. Linder Road Meridian, Idaho 83642 DEVELOPMENT AGREEMENT (AZ-03-006) - 21 SHERIDAN KOOYERS 5940 N. Linder Road Meridian, Idaho 83642 MER:;DIAN JOINT SCHOOL DISTRICT NO,2 911 N. Meridian Road Meridian, Idaho 83642 DWAINE and SHARON WOLFE 4895 N. Meridian Road Meridian, Idaho 83642 with copy to: OWNERlDEVELOPER: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ill 83642 PARAMOUNT, LLC 12426 W. Explorer Drive, Suite 220 Boise, Idaho 83713 17.1 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. 18. A TTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing patty shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attomey: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. 19. 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 pelform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party $0 failing to perform, 20. 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 DEVELOPMENT AGREEMENT (AZ-03-006) - 22 office. This Agreement shall be binding on the "Owners" and "Owner/Developer" of the "Property", each subsequent owner and any other person acquiting an interest in the "Property". Nothing herein shall in any way preve:1t sale or alienation of the "Property", or pOltions 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 "Owners" and "Owner/Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owners" and "OwnerlDeveloper" has fully perlormed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jmisdiction, 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. 22. FINAL AGREEMENT: This Agreement sets fmih all promises, inducements, agreements, condition and understandings between "Owners" and "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 "Owners" and "OwnerlDeveloper" 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". . 22.1 No condition governing the uses and/or conditions goveming development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has 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. 23. 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-03-006) - 23 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNERSIHANKS: BY: B STATE OF IDAHO ) : ss: COUNTY OF ADA ) (! On this ;;;y 2J:: ~ of 9w4 ' in the year 2003. before me,_O AA::X L K- LA-G--lA..i\.A- Soil. Notary Public, personally appeared RON HANKS and BECKY HANKS, husband and wife, known or identified to me to be the persons who executed the instrument and acknowledged to me that they executed the same. (SEAL) 1\1l0uQ OnQIiIl(1{J~ >>'1;?;."1> tT Jr "QOt) ^~<$ <". r.~.' ~ /I '1"', ~?o ~ ~ ~_~ .r:\ ~ ~ :>- vt~ ~t;; ~J-" 0'000000 ..... (j I "~:'> iJ ~"""000 DGO ..;.... ...... & 0 00 DO <;,7 " il (J (/ ~OTAf?r ~ V' fl: g ~ w. ~ ~lr g ~o~ g ~r. c~~ g ~)-.. ~C t) ~ 00 -4-VBl-~ t. ~ 0 0 _ ,.q 'b 1.-"'<::. 00 OO",() ,y <&, <4 A.ocooooc:ooo 1'~'~/ ,: >' "'...... ..! ~~h '1"";-"- ~., 0:;; \?Q>J'~ -i.tJ o~ t:/, <:11.:;'''> f1l}tllfJ[JOO ~~ ZD~Vt.-;''' K- ~ iltUW-- Notary Public for Idaho_ Residing at: .,6~ f Commission expires: /i </105 '\. DEVELOPMENT AGREEMENT (AZ-03-006) - 24 OWNERS/KOOYERS: By{2X Sheridan Kooyers STATEOFIDAHO ) : ss: COUNTY OF ADA ) ;;;.-... ~ ) On this ex., day of -.J v- ~ ' in the year 2003, before me, '("to.r, )Pe1.. L "KoMcr a Notary Pubhc, personally appeared SHERIDAN KOOYERS, known or identified to me to be the person who executed the instrument and acknow ledged to me that he executed the same. (SEAL) ~~~ n~ BUU QQUUQ ~'lo'lo L 0"1/ .,,,,., "\ $A . ^ .".. ... ...., I-' -'Jo .' ~~ ..0.......:). OOClOO-oOo 1 "'~.., ~ ~'"~ 0 00' ...... ..:-~ $ ~"'j..Goe Q" 0: '~ ::: ""';,: ~OTA.l?t~ \8 ~ :: ~: ~ ~ * : cae<E;i!lt <3 * ~ ~ 0 : . Q ~, \, ./>UBL\C: fJ ~J sn. 0 00 ~~ .~ V"~ 0.. .. 0 ., ?, of" oil GG ...' ." "'~" "'"1]> olIoGo,",ooo ~"\..... .,...., "___.,1] OF 1'9 ""/~:' ". .">:'''''''' ....,..!'~ ~~,:,~;." ~:Ju~~L5~ Not ry Public for Idaho~ ft Residing at: ~ J"?J J J"uu, Commissi on ex ires: f?.3 0 / 0'S' DEVELOPNIENT AGREEMENT (AZ-03-006) - 25 OWNERSIWOLFJI: o , I BY: A. ILl c}{/- .,j~-v -' h1 - /L~ / BY: iu ;:.-e-? I -; STATE OF IDAHO ) : ss; COUNTY OF ADA ) . On this I"" day of :r ........) ~ ' in the year 2003, before me, 1Y)000r, JfJC-. L '\So y\( c_ a Notary Public, personally appearedDW AINE and SHARON WOLF>>, hu~band and wife, known or identified to me to be the persons who executed the instrument and acknowledged to me that they executed the same~ (SEAL) ~nneunnnn~qo, .,.".... L /1'4> .... ~t>- . 110 q~9 .,,,,'" '\.v ,,0000000., ,1~~.. $ -Q;- 00 000 \..~ ~~ '" '<;' tf' A .... ... ::"":~O1' .R}> 01 ";, :~G ~ ~ i~ ~ : cIPOcP :"* ~ :*~ c: ;,' ~ \01 ..PUB\..\: o"o!i ? ~ €I "':, ~, . i> ""0 0100 ~ ;-? "'t{" v~ OooooooQl ~ ..r:"" ':'.\,~ J'E 0 F \~./ . - ::;':Jd!]:.. _ "" ': tt~~ '7IJ~a,Jl /0 of, ~ No ary Public for Idaho Residing at 01er,' d l'c.. l"\ .::r:.;JlJ Commission expires: 'if / .10,) 0 f? DEVELOPMENT AGREEMENT (AZ-03-006) - 27 .~ 0.. OWNERS/MERIDIAN JOINT SCHOOL DISTRICT NO.2 BYfY-~c/~ BY: ~.sD~ STATEOFIDAHO ) : ss: COUNTY OF ADA ) On tpis \ \ -\1.;. dayof:r l.A.. \i , in the year 2003, before me, VA ~~ C. ~ t\. A-, 17l..LVLC. tly,\ a Notary Public"l?ersonally ~peared C~v-\?+~V\.c. 1)o1l\Vl"Cl\ and fV\QV"l~ V :Sc..l...tu.s known or identified to me to be the ::7l-\.p-e..l-""'; "'-~ and QA e.v1L. for MERIDIAN JOINT SCHOOL DISTRICT NO.2, and the persons who executed the instrument and acknowledged to me that they executed the same on behalf of MERIDIAN JOlNT SCHOOL DISTRICT NO.2. (SEAL) Pt1iJutL~ a.. ~fM{C()A\... Notary Public for IcI.aho. Of) Resi ding at: Yk.vJ.d..t(A.M.... ~ "-"IX, Commission expires: 3~~7. 01 DEVELOPMENT AGREEMENT (AZ-03-006) - 26 Attest: OWNERSIDEVELOPERlPARAMOUNT, LLC: By:~{(.r/'=-'+-~I L-L.~ ., (yV'Y1P1J-~Y'-"'-/. Kl~~ I':)~"C)-<~e...:-url/'~i I_L~ BY: STATE OFlDAHO ) :ss COUNTY OF ADA ) I C-t/j-, {. I ~ On this ~ day of ~,- , in the year 2003,_ before me, nGb<..~c.."........., A.. H";1-,-y"J~ a Notary ublic, personaJly appeared J)f\Vl r;::, l--{ .. Tu ((\ bu.__lJ-. and ~~~ O-'\" l-1 !~.. .::;;:r d h.f, 'SG,\---..J. , I'd 'f' d b I V20~:'t":\F-~..II..,- y,. tr~1 i'x-"'" 1>6 d mown or 1 er~ Ie to me to e t 1e ~\..,/I V""'. Y{'6f-0"1-~. L-I...~ an m)-:L~~~~~~ ,LLc-{)fPARAMOUNT, LLC, and the perso~s who executed the instrument and acknowledged to me that they having ~tuted the same on behalf of said limited liability corporation. - . / (/ /, n;? - ;llll&dif;;L~ J' otarY\:Pllblic for Idaho R 'I: ,t\-"~ / ,/. -", . . . I) I (~)---= eSl( 109 at.......L:......~~~1 ~--o-- /" Commission expires: f b - b ' L..-O u "::, DEVELOPMENT AGREEMENT (AZ-03-006) .. 28 CITY OF MERIDIAN B~!~ ?;.1/n :t. de tJ-e{'f-c;[.. ~ Attest: \\\\\\\\\11111 /(II/;f!ri?J;"p(e/vt - L/0 {''vVkl- c~ \\\\_1 OF MER/I'> 1/,/ . \'-..L.... VtA // .,,' ~, -V$. "/ .$" () b~PDR:.1l'; 'V ~ ~ 2" ~ ~o ~ /1~~/;.~f/5h 9!' % ITY CLERK ~ ~ & ~ ~ c..Q "qj 0 2' ~"1'6 u&r 1S\ . $.$ ~ ~ ~-- ;.(",' ~~ /, eO' v"V" ......,/ . UNT 1. .. \\\\' III1 \\\ 1111111I111\\\ STATE OF IDAHO ) :ss County of Ada ) On this~ day of AiA~lJ. <}t , in the year 2003, before me, a Notary Public, personally appeare~oJl~"t PClt.~ and William G, Berg, know or identified to me to b~}he~~~n~Clk~, re~ctlvcly,Y6~the City of Meridian, who executed the instrument o~hcg pefs6n'tl1af~~uted the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) 09.11I11I"_ .- N SA.!'" .. ....-;;.-AJ?---:.~./':t. (> ..O~ ..~,~ (>,~ . )..'\.A",G '" I ""V .,.... ,'r G :~f \ ':. D : : m iii I I " III , , " . , , " . ~ I '" .,. .:''''' b,.-lC..~/ 04' . u-~...~-UJj}.l,,,,. .0- . -l"LI,.;;.,---- ~ . +.-:".l;\COF )>'11-0+ "ila...." _Jh&Lf\i"rl ~vu'ik~ Notary Public for IdahQ Residing at: llrl.a L()wvi1~. )dc...t~ Commission expires: H- 2~-ror:; DEVELOPlvIENT AGREEMENT (AZ-03-006) - 29 EXHIBIT A Legal Description Of Property (The owners of record of the subject property are: Ron and Becky Hanks, 5120 N. Linder Road, Meridian, Idaho 83642 (Parcel No. s0425336040), Sheridan Kooyers, 5940 N. Linder Road, Meridian, Idaho 83642 (Parcel No. s0425233800 and Parcel No. s0425233875), Meridian Joint School District No.2, 911 N. Meridian Road, Meridian, Idaho (Parcel No. 80425325460), Paramount, LLC, 12426 W. Explorer Drive, Suite 220, Boise, Idaho 83713 (Parcel No. 80425110100, Parcel No. s0425120605, Parcel No. 80425141825, Parcel No. s0425141900, Parcel No. 80425233605, Parcel No. s0425233690, Parcel No. 80425233910, Parcel No. s0425325470, and Parcel No. s0425336080), and Dwaine and Sharon Wolfe, 4895 N. Meridian Road, Meridian, Idaho 83642, (Parcel No. s0425131750, Parcel No. s0425417200, and Parcel No. 80425427800). Applicant is Paramount, LLC, 12426 W. Explorer Drive, Suite 220, Boise, Idaho 83704) . PARAMOUNT SUBDIVISION TOTAL ANNEXATION PARCEL DESCRIPTION A parcel ofland located in Section 25, T. 4N" R. 1W., B.M., Ada County, Idaho, more particularly desctibed as follows: BEGINNING at the section corner common to Sections 25, 26, 35 and 36 of said T. 4N., R. 1W.; Thence North 00025'11" East, 1318.88 feet on the section line common to said Sections 25 and 26 to the South 1/16th section corner common to said Sections 25 and 26; Thence South 89025'33" East, 500.00 feet on the northerly boundary line of the SW 1M of the SW 1,.4 of said Section 25; Thence North 00025' 11" East, 212,00 feet; Thence North 89025'33" West, 500.00 feet to a point on the section line common to said Sections 25 and 26; Thence North 00025' 11" East, 933.25 feet on said section line; DEVELOPMENT AGREEMENT (AZ-03-006) - 30 Thence North 89044'07" East, 175.88 feet~ Thence North 00013'37" West, 171.11 feet to a point on the east-west mid-section line of said Section 25; Thence NOlth 89027'08" West, 173.93 feet on said east-west mid-section line to a point on the section line common to said Sections 25 and 26; Thence North 00055' 13" East, 1028.83 feet on said section line; Thence South 89024'37" East, 726,00 feet; Thence North 00055' 13" East, 300.00 feet to a point on the southerly boundary line of the NW 14 of the NW 114 of said Section 25; Thence South 89024'37" East, 1952.46 feet on said southerly boundary line and on the southerly boundary line of the NE 14 of the NW 14 of said Section 25, to a point on the north-south mid-section line of s~!d Section 25; Thence North 00032'25" East, 702.92 feet on said north-south mid-section line; Thence South 86015'58" East, 367.17 feet; Thence North 00032'25" East, 645.38 feet to a point on the section line common to Sections 24 and 25 of said T. 4N., R. 1 W.; Thence South 89037'01" East, 110.02 feet on the section line common to said Sections 24 and 25; Thence South 00033'36" West, 467.23 feet to a point of curve; Thence 54.60 feet along the arc of a curve to the left, said curve having a radius of 70.00 feet, a central angle of 44041'21" and a chord distance of 53.22 feet which bears South 21 047'04" East; Thence South 44007' 45" East, 202.07 feet to a point of curve; DEVELOPMENT AGREEMENT (AZ-03-006) - 31 Thence 179.37 feet along the arc of a curve to the right, said curve having a radius of 230.00 feet, a central angle of 44041 '01" and a chord distance of 174.86 feet which bears South 21047' 15" East; Thence South 00033' 16" West, 152.99 feet; Thence South 89036'40" East, 701.97 feet to a point of curve; Thence 77.05 feet along the arc of a curve to the light, said curve having a radius of 95.00 feet, a central angle of 46028'07" and a chord distance of 74.95 feet which bears N0l1h 51053'49" East; Thence South 89036'40" East, 50.00 feet to a point of curve; Thence 77 .05 feet along the arc of a curve to the right, said curve having a radius of 95.00 feet, a central angle of 46028'08" and a chord distance of 74.95 feet which bears South 51007'09" East; Thence South 89036'40" East, 1096.96 feet to a point on the e!J,sterly section line of said Section 25; Thence South 00025'09" West, 213.80 feet on the easterly section line of said Section 25; Thence North 70023'09" West, 345.25 feet; Thence South 00024'33" West, 701.28 feet; Thence North 89034'44" West, 94.14 feet; Thence North 78026'30" West, 962.67 feet; Thence South 00002'30" East, 334.37 feet; Thence South 70041' 13" East, 239.28 feet; Thence South 00011'32" West, 655.52 feet to a point on the east-west mid-section line of said Section 25; Thence South 89027'28" East, 1132.94 feet on said mid-section line to the East 1,4 section corner of said Section 25; DEVELOPMENT AGREEMENT (AZ-03-006) .. 32 Thence South 00023'20" West, 2640.13 feet on the easterly section line of said Section 25 to the southeast corner of said Section 25; Thence NOlth 89027'26" West, 1340.92 feet on the section line common to Sections 25 and 36 of said T. 4N., R. 1 W., to the East 1/16lh section corner common to said Sections 25 and 36; Thence North 00027'49" East, 660.02 feet on the easterly boundary line of . the S 1/2 of the SW 14 of the SE 14 of said Section 25 to the Northeast corner of the S 1/2 of the SW 1;,i of the SE % of said Section 25; Thence NOlth 89027'28" West, 1340.10 feet on the northerly boundary line of said S 1/2 to the nOlthwest corner of said S 1/2 of the SW 14 of the SE 14; Thence North 00032'05" East, 660.01 feet on the north-south mid-section line of said Section 25 to the Center-South 1/161h section corner of said Section 25; Thence North 89025'33" West, 2013.32 feet on the northerly boundary line of the SE 14 of the SW 14 and the SW 14 of the SW 14 of said Section 25; Thence South 00026'58" West, 1319.17 feet to a point on the section line common to said Sections 25 and 36; Thence NOlth 89024'05" West, 670..46 feet on the section line common to said Sections 25 and 36 to the real point of beginning, Said parcel contains 397.11 acres more or less, PARAMOUNT SUBDIVISION R-8 ZONE PARCEL DESCRIPTION A parcel of land located in Section 25, T. 4N., R, 1 W., B.M" Ada County, Idaho, more particularly described as follows: Commencing at the section comer common to Sections 25, 26, 35 and 36 of said T. 4N., R. lW.; DEVELOPIvIENT AGREEMENT (AZ-03-006) - 33 Thence North 00025' 11" East, 1318.88 feet on the section line common to said Sections 25 and 26 to the South 1I16[h section corner common to said Sections 25 and 26; Thence South 89025'33" East, 500.00 feet on the northerly boundary line of the SW 14 of the SW 'A of said Section 25 to the REAL POINT OF BEGINNING; Thence North 00025' 11" East, 212.00 feet; Thence North 89025'33" West, 500.00 feet to a point on the section line common to said Sections 25 and 26; Thence North 00025' 11" East, 933.25 feet on said section line; Thence North 89044'07" East, 175.88 feet; Thence North 00013'37" West, 171.11 feet to a point on the e~st-west mid-section line of said Section 25; Thence South 89027'08" East, 913.84 feet on said east-west mid-section line; Thence North 44026'32" West, 508.40 feet; Thence North 00055' 15" East, 968.74 feet to a point on the southerly boundary line of the NW % of the NW l,4 of said Section 25; Thence South 89024'37" East, 1952.44 feet on said southerly boundary line and on the southerly boundary line of the NE 1;4 of the NW l,4 of said Section 25, to a point on the north-south mid-section line of said Section 25; Thence North 00032'25" East, 702.92 feet on said north-south mid-section line; Thence South 86015'58" East, 367.17 feet; Thence North 00032'25" East, 645.38 feet to a point on the section line common to Sections 24 and 25 of said T. 4N., R. 1W,; DEVELOPMENT AGREEMENT (AZ-03-006) - 34 ..."t.",_'-",C',;.'. ~,.<.h:'H' .;-_. h,- .. ' -,,,-. 'L','.-''''''', :,"'-,,,_,~...,:~,,,, '-H"; .."...:" .., .'.. Thence South 89037'01" East, 110.02 feet on the section line common to said Sections 24 and 25; Thence South 00033 '36" West, 467.23 feet to a point of curve; Thence 54.60 feet along the arc of a curve to the left, said curve having a radius of 70.00 feet, a central angle of 44041'21" and a chord distance of 53.22 feet which bears South 21047'04" East; Thence South 44007'45" East, 202.07 feet to a point of curve; Thence 179.37 feet along the arc of a curve to the right, said curve having a radius of 230.00 feet, a central angle of 44041 '01" and a chord distance of 174.86 feet which bears South 21047' 15" East; Thence South 00033' 16" West, 152.99 feet; Thence South 89036'40".East, 701.97 feet to a point of curve; > Thence 77 .05 feet along the arc of a curve to the right, said curve having a radius of 95.00 feet, a central angel of 46028'07" and a chord distance of 74.95 feet which bears North 51053'49" East; Thence South 89036' 40" East, 50.00 feet to a point of curve; Thence 77.05 feet along the arc of a curve to the right, said curve having a radius of 95.00 feet, a central angle of 46028'08" and a chord distance of 74.95 feet which bears South 51007'09" East; Thence South 89036'40" East, 1096.96 feet to a point on the easterly section line of said Section 25; Thence South 00025'09" West, 213.80 feet on the easterly section line of said Section 25; Thence North 70023'09" West, 345.25 feet; Thence South 00024'33" West, 701.28 feet; Thence North 89034'44" West, 94.14 feet; DEVELOPMENT AGREEMENT (AZu03-006) - 35 to- 0 \ Thence North 78026'30" West, 962.67 feet; Thence South 00002'30" East, 334.37 feet; Thence South 70041' 13" East, 239.28 feet; Thence South 00011 '32" West, 655.52 feet to a point on the east-west mid-section line of said Section 25; Thence South 89027'28" East, 515.03 feet on said mid-section line; Thence South 00023'20" West, 637.69 feet; Thence South 05019' 18" East, 50.25 feet; Thence South 00023'20" West, 633.28 feet to a point on a curve; Thence 21.58 feet along the arc of a curve to the left, said curv.e having a radius of 250.00 feet, a central angle of 4056' 43" and a chord distance of 21.57 feet which bears South 68031 '27" West to a point of compound curve; Thence 895.49 feet along the arc of a curve to the left, said curve having a radius of 1306.62 feet, a central angle of 39016'03" and a chord distance of 878.06 feet which bears South 46025'04" West to a point of compound curve; Thence 42.71 feet along the arc of a curve to the left, said curve having a radius of 250.00 feet, a central angle of 9047' 14" and a chord distance of 42.65 feet which bears South 21053'26" West; Thence North 89027'28" West, 1399.66 feet, a portion of this line is on the northerly boundary line of the S Y2 of the SW 'A of the SE 1,4 of said Section 25, to the northwest corner of said S Yz of the SW If4 of the SE 1,4; Thence North 00032'05" East, 660.01 feet on the north-south mid-section line of said Section 25 to the Center-South 1I16lh section comer of said Section 25; DEVELOPMENT AGREEMENT (AZ-03-006) - 3G Thence North 89025'33" West, 2184.46 feet on the northerly boundary line of the SE 14 of the SW 14, and the northerly boundary line of the SW 14 oUhe SW 14 of said Section 25 to the real point of beginning. Said parcel contains 303.56 acres more or less. PARAMOUNT SUBDIVISION 17.6 ACRE Rw40 ZONE PARCEL DESCRIPTION A parcel of land located in the East % of the SE 14 of Section 25, T, 4N., R. 1 W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the East 14 section comer of Section 25 of said T. 4N., R. lW.; Thence South 00023'20" West, 1305.13 feet on the easterly section line of said Section 25 to the REAL POINT OF BEGINNING; Thence continuing South 00023'20" West, 435.00 feet on said,easterly section line; Thence North 89036'40" West, 897.58 feet; Thence South 00032'34" West, 897.58 feet to a point on the section line common to Sections 25 and 36 of said T. 4N., R. lW.; Thence North 89027'26" West, 440.92 feet on said section line common to Sections 25 and 36 to the East 1/16th Section corner common to said Sections 25 and 36; Thence North 00027' 49" East, 660.02 feet to the nOltheast corner of the South Ih of the SW 14 of the SE 14 of said Section 25; Thence South 89027'28" East, 59,56 feet to a point on a curve; Thence 42.70 feet along the arc of a curve to the right, said curve having a radius of 250.00 feet, a central angle of 09047' 14" and a chord distance of 42.65 feet which bears North 21053'26" East to a point of compound curve; DEVELOPMENT AGREEMENT (AZ-03-006) - 37 Thence 895.49 feet along the arc of a curve to the light, said curve having a radius of 1306.62 feet, a central angle of 39016'03" and a chord distance of 878,06 feet which bears North 46025'04" East to a point of compound curve; Thence 106.19 feet along the arc of a curve to the right, said curve having a radius of 250.00 feet, a central angle of 24020'14" and a chord distance of 105.39 feet which bears North 78013'13" East; . Thence South 89036'40" East, 529.90 feet to the real point of beginning. Said parcel contains 17.59 acres more or less. PARAMOUNT SUBDIVISION 18.4 ACRE L-O ZONE PARCEL DESCRIPTION A parcel of land located in the NE 1,4 of the SE 114 of Section 25, T. 4N., R. 1 W., B.M., Ada County, Idaho, more particularly descIibed as follows: BEGINNING at the East 1.4 section corner of Section 25, of said T. 4N., R. lW.; Thence South 00023'20" West, 1305.13 feet on the easterly section line of said Section 25; Thence North 89036'40" West, 529.90 feet to a point of curve; Thence 84.61 feet along the arc of a curve to the left, said curve having a radius of 250.00 feet, a central angle of 19023'31" and a chord distance of 84.21 feet which bears South 80041'34" West; Thence North 00023'20" East, 633,28 feet; Thence North 05019' 18" West, 50.25 feet; Thence North 00023'20" East, 637.69 feet to a point on the east-west mid- section line of said Section 25; Thence South 89027'28" East, 617.91 feet on said east-west mid-section line to the real point of beginning. Said parcel contains 18.46 acres more or less. DEVELOPMENT AGREEMENT (AZ-03-006) - 38 PARAMOUNT SUBDIVISION 18.6 ACRE L-O ZONE PARCEL DESCRIPTION A parcel of land located in the SW 14 of the NW 14 of Section 25, T..4N., R. lW., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the section corner common to Sections 25, 26, 35 and 36 of saidT. 4N., R. 1 W.; Thence North 00025' 11" East, 2637.72 feet on the section line common to said Sectioris 25 and 26 to the -1.4 section comer common to said Sections 25 and 26, said point being the REAL POINT OF BEGINNING; Thence North 00055' IS" East, 1028.83 feet on the section line common to said Sections 25 and 26; Thence South 89024'37" East, 726.00 feet; Thence South 00055' IS" West, 66\5,74 feet; Thence South 44026'32" East, 508.40 feet to a point on the east-west mid- section line of said Section 25; Thence North 89027'08" West, 1087.77 feet on said east-west mid-section line to the real point of beginning. Said parcel contains 18.63 acres more or less. PARAMOUNT SUBDIVISION 20-ACRE ZONE C-G PARCEL DESCRIPTION A parcel of land located in the SW lJ,i of the SW 14 of Section 25, T. 4N., R. lW., B.M., Boise, Ada County, Idaho, more particularly described as follows: BEGrnNING at the section corner common to Sections 25, 26, 35 and 36 of said T. 4N" R. lW., said point being the intersection of North Linder Road and West McMillan Road; DEVELOPMENT AGREEtvlENT (AZ-03-006) - 39 Thence North 00025' 11" East, 1318.88 feet on the section line common to said Sections 25 and 26 to the northwest comer of the SW ~ of the SW 1,.4 of said Section 25; Thence South 89025'33" East, 671.14 feet on the northerly boundary line of said SW 14 of the SW ~; Thence South 00026'58" West, 1319.17 feet to a point on the section line common to.said Sections 25 and 36; Thence North 89024'05" West, 670.46 feet on the section line common to said Sections 25 and 36 to the real point of beginning. Said parcel contains 20.31 acres. PARAMOUNT SUBDIVISION 18.5 ACRE C-G ZONE PARCEL DESCRIPTION A parcel of land located in the SE 1,4 of the SE l;4 of Section 25, T. 4N., R. 1 W., B.M., Ada County, Idaho, more particularly described as"follows: Commencing at the East 1,4 section comer of Section 25 of said T. 4N., R. lW.; Thence South 00023'20" .West, 1740,13 feet on the easterly section line of said Section 25 to the REAL POINT OF BEGINNING; Thence continuing South 00023'20" West, 900.00 feet on said easterly section line to the southeast comer of said Section 25; Thence N0l1h 89027'26" West, 900.00 feet on the section line common to Sections 25 and 36 of said T. 4N., R. lW.; Thence North 00032'34" East, 897.58 feet; Thence South 89036'40" East, 897.58 feet to the real point of beginning, Said parcel contains 18.55 acres more or less. DEVELOPMENT AGREEMENT (AZ-03-006) - 40 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPrvlENT AGREEMENT (AZ-03-006) - 41 August 1, 2003 MERIDIAN CITY COUNCIL MEETING August 5, 2003 APPLICANT Public Works Department ITEM NO. Gi REQUEST Sewer Main Easement for Havasu Creek Subdivision No, 3: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Memo I Easement ~ t1Lfr' Date: Staff Initials: Phone: Contacted: Emailed: Malerlals presented at public meetings shall become property of the City of Meridian. ~ RECEIVED JUL 2 8 2003 To: Mayor Corrie & City Council From: Brad Watson] P.E. //4/ CC: File, Gary Smith, PE, City Clerk Date: 7/24/03 Re: Proposed Agenda Items for August 5 City Council Meeting City Of Meridian City Clerk Office The Public Works Department respectfully requests that the following items be placed on the August 5 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer and Water Main Easement for Lochsa Falls Subdivision. Typical sewer and water main easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Lochsa Falls Subdivision and authorize the Mayor to sign and City Clerk to attest. 2) Sanitary Sewer Main Easement for Havasu Creek Subdivision (Phase 2). Typical sewer and water main easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Havasu Creek Subdivision (Phase 2) and authorize the Mayor to sign and City Clerk to attest. 3) Sanitary Sewer Main Easement for Havasu Creek Subdivision (Phase 3). Typical sewer and water main easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Havasu Creek Subdivision (Phase 3) and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. e Page 1 SANITARY SEWER EASEMENT Havasu Creek Subdivision THIS INDENTURE, made this _ day of , 20_between Martin LLC, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey ooto the Grantee the right-of-way for an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSL Y UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to oodertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Hav3 ss-wat Page 1 Havasu 3.SWR.doc any pennanent structpres, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lavvfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lavvful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Martin LLC STATE OF IDAHO ) ) ss County of Ada ) " r SY \ On this t,\ day of J\A ~ ,20 ~, before me, the undersigned, a Notary Public in and for said State, personally appeared Justin Martin, known or identified to me to be the managing member of the limited liability company that executed the within instrument, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day ~"I~"" . and y~~ :r oV~ltten. .... t.... iC./) " ...... V r"' ........ 0 A . ...... .. c.; .. .. ~y .. $ l.t;j .. -..., ~ :: t:'Q .. .:\O~'f AR ~ · ~ ':0 :L'!J: ~ '-'a : ~ : ....... * : ~. c.. - . . ; * .. PUB\"\ ~ ... 0 ~ -::. U>r.... ~ ..~ .... -A " ^,.. .... "'" · t 'E On \v ...... ".., l" ...... GRANTEE: CfM1l@P~RIDlAN NOTARYPUBUCFORIDAHO Residing ~5 \-l? 10. Commission Expires: 11 'J-I J VbO~ at Hav3 ss-wat Page 2 Havasu 3.SWR.doc Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: Hav3 ss-wat Page 3 Havasu 3.SWR.doc EXHIBIT A A CENTERLINE DESCRIPTION FOR SANITARY SEWER EASEMENT HA V ASU CREEK SUBDIVISION July 11,2003 An easement for sanitary sewer facilities located in the NE Y4 of Section 31, Township 4 North, Range 1 East, of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: A strip ofland 20.0 feet in width, 10.0 feet on each side of the described centerline: Commencing at the East 1/4 corner of Section 31, T. 4 N., R. 1 E., B.M., Thence N 89046'20" W 2501.98 feet along the center section line to a point on the centerline of a sanitary sewer line (Easement supplied by others); Along said centerline the following: Thence N 00013'40" E 535.86 feet to a point; Thence N 27036'00" E 34.50 feet to a point; Thence S 89046'20" E 600.37 feet to a point; Thence N 55036'48" E 99.03 feet to a point; Thence N 09039'27" E 52.40 feet to a point; Thence N 00034' 16" E 48.69 feet to a point on the boundary of proposed Havasu Creek Subdivision No.3, the BEGINNING POINT of this centerline description; Thence N 00034' 16" E 502.98 feet to a point; Thence N 25007' 14" W 170.77 feet to a point; Thence N 65016'32" E 159.01 feet to a point on the boundary of proposed Havasu Creek Subdivision No.3, the ENDING POINT of this centerline description. 30203-8S1 SANITARY SEWER EASEMENT I EXHIBIT B ! :,1 ------j:~-r-:----J_:~:OSED----- 'I"" I 0 I HAVASU CREEK NO.2 cg TL Q~ I I 1U 1U ~a; \ J~1U ~~ I~~ ~ ~ \ PROPOSED g: ~ CI. ~ >HAVASU CREEK NO.4: ~ \ s.~ I o c( i: "- ""-OS-os __0--2 \ \:1: '(~:J(\n_n_J N 25"07'14" VI 170.77'~j, ~ L________ i 10'~; 10' ! ENOINGPOOIT -,;~ '----1 I ~~: I ~ 2 ~ l BEGlNN'" PONT ! r . " I ___--------L- 'J-J N 00"34'16" E 48.69' N 09'39'27" E 52.40' --I PROPOSED COBRE BASIN NO.2 S 89'46'20" E 600.37' . 9 r~'-'-'-'~N 55'36'''- E 99,03' N 27'36'00" E 34.50' t1 ~ i-l ,.~ j ~t1 ~~~<Q I '~I cP I I ;; N 00'13'40' E 20,49' 9:-~ I 0-1- j~ j (+ ~)- =-= - ~ <f>~_ -==. _ ~ _____ ~ _ ~ ! ~ N "''''2~W2501''':''' 1/4 CORNER L ~ ~ -= .-L ,- - \ I I -L FUTUrE QUENZER bOPfM S(5 ----- \ II ~ ~ ~ e----JLI-LIL-- \" ---:J t ---! LI~ ~ ' ) \ ,U ~d=~ R ~~, ~ fg SANITARY SEWER EASEMENT HAVASU CREEK SUBDIVISION I McMILLAN ROAD 30. 29 _._.~ 31 ) 32 Cl ~I ~ :. ~ a:: ~I ~ o ::> (/). u g ~34 CORNE~ REVISION : BY: BRIGGS ENGINEERING, INC. EXH~B~T LOCATED IN THE NE 1/4 OF SECTION 31 TOWNSHIP 4 N., RANGE 1 E.. 8,M, MERIDIAN, ADA COUNTY, IDAHO SHEET : 1 OF 1 ENGINEERS PLANNERS SURVEYORS 1800 W. OVERLAND RONl · BOISE, IDAHO 83705 · (208)344-9700 30203-SS1.DWG OWG DATE: DWG NO. 07/11/03 MNM 30203 SCALE: 1 "= 300' ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 08/14103 12:32 PM DEPUTY Michelle Turner RECORDED-REQUEST OF Meridian City AMOUNT ,00 6 11I111111I111111I11111111111111111111 103137109 SANITARY SEWER EASEMENT Havasu Creek Subdivision THIS INDENTURE, made this 21 ~ay of JUIj, 20 Cl.J between Martin LLC, the parties ofthe first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE A TT ACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Hav3 ss-wat Page 1 Havasu 3.SWR.d9S_. I. Page .\ of ~ any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Martin LLC STATE OF IDAHO ) ) ss County of Ada ) 11 f SY \ On this t.-\ day of J tA ~ ' 20 oJ , before me, the undersigned, aN otary Public in and for said State, personally appeared Justin Martin, known or identified to me to be the managing member of the limited liability company that executed the within instrument, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day ~e,a~'lIgl1 . and y!:\~' Sl: oV~ltten. .... h..' Ref) ~" ...... (, r~ eOeeeeo. 0 A . "',p1P. .. r' .0 00 ~y IP. ~ L''':' 0 G. r<2 ~ :: ......0 (,;. '" .. t:q 0 ~01 A..R)> \._ -:. ::L4: ~ ....,: : ~ : ~.EiP A. 5 JIll" ,"'PI ma a. ~_ ;. * ." PUB\."t: :: -;. ....". $ ~ v). .:- ............... -1l'e on '\ ~""....~ 'Ilq l' ~<i>~ GRANTEE: CFfT(9P~RIDIAN NOT AR Y PUBLIC FOR IDAHO Residing Ea.e\~ 10. Commission Expires: 11~ll 'MJOt'j at Hav3 ss-wat Page 2 Havasu 3.SWR.docr) _ I n Page....O-Ol..JJL- Cc \\\\1 LlIl IUIIII f ,... ~"'~h III ,\. Of" h. r:.rl/.~., 1/1' .....',.... ..(~ _-., '.~~,.7 If".'. ~ (j\:~ -0'- ~ ~"9, '" '" ott"I- r~~;";'~ ....... Y . 2 .....0..... .'....0 .~~. --- 2 ~ :-:": - .0' r - ~ SEAL ;: , . - f'J 7a J'n, de tvUf..d.. - fJref/'d~ CJl.- t'1?t(.her.:6. 7c, 0)0 ~ '7 ~ Qf.<-- '.; 0 ~ ~ "/ 7/\ ~Q'r1si. .:J:..$' . ~~ ........'-'.-<'1 h;, .....,..... .Y ~~- .$~ VL- :. I -- /111' C'OUNT'<, \\\...... Attest by William G. Berg, City Clerk 1IIIIIiJilllllll\l\\\\\ Approved By City Council On: ~lcl 5, 8<'l\.":1 Hav3 ss-wat Page 3 Havasu 3.SWR.doc 2. ~ I " Page..J-L--ou.JL. STATE OF IDAHO, ) ss. County of Ada ) . ( On this I~t[., day of AlAPfA ~-t , 2003, before me, th~UV1lYlS cLe lOa/! ( undersigned, a Notary Public in and for said State, personally appeared.Rf)BERY D.. --GGRR-tE and WILLIAM G. BERG, JR., known to me to be theMayer-~Dd City Clerk, C;+LjCvu,vltt(7(e~db respectively, of the City of Meridian, Idaho, and who executed the within instrument, anc:l' acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) eO"""!>!> ~ ~.. oJ~L~&O <> i:"?';~- 'f A ;:'<./"-?>". 0<t~/ ~ 0 -~.;:... 'y~.f>'it> oC:l' "'Y \ 'it> D I , ~ " : I m III I I a III I , 11 .. \ } $ '" \ b.-_-C'O 411 "'. d"....:~.U.l:nJ~,-:~.. <> :?>..,~----.-{"\~. ."'';~.t!; OF ~.}"'e". -"'SIlid.'Gl 0' i ()ftQJluYl( fyl~..j~ NOTARY PUBLIC FOR IDAHO RESIDING AT: . Ad~(;j{NvC~ 1ft MY COMMISSION EXPIRES:- -05 pagbtlL EXHIBIT A A CENTERLINE DESCRIPTION FOR SANIT ARY SEWER EASEMENT HA V ASU CREEK SUBDIVISION July 11, 2003 An easement for sanitary sewer facilities located in the NE Yt of Section 31 , Township 4 NOlih, Range 1 East, of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: A strip of land 20.0 feet in width, 10.0 feet on each side of the described centerline: Commencing at the East 1/4 corner of Section 31, T. 4 N., R. 1 E., B.M., Thence N 89046'20" W 2501.98 feet along the center section line to a point on the centerline of a sanitary sewer line (Easement supplied by others); Along said centerline the following: Thence N 00013'40" E 535.86 feet to a point; Thence N 27036'00" E 34.50 feet to a point; Thence S 89046'20" E 600.37 feet to a point; Thence N 55036'48" E 99.03 feet to a point; Thence N 09039'27" E 52.40 feet to a point; Thence N 00034' 16" E 48.69 feet to a point on the boundary of proposed Havasu Creek Subdivision No.3, the BEGINNING POINT of this centerline description; Thence N 00034'16" E 502.98 feet to a point; Thence N 25007' 14" W 170.77 feet to a point; Thence N 65016'32" E 159.01 feet to a point on the boundary of proposed Havasu Creek Subdivision No.3, the ENDING POINT of this centerline description. 30203-SS1 SANITARY SEWER EASEMENT PagFl 5 of G I EXHIBIT B I (---------r---J--------- : )1 jN; o~ I PROPOSED 'F" f I HA V ASU CREEK NO.2 OIL Q~ cZ I T J~lLI ~a:: \ lOW f~ 1~5 g ~ \ PROPOSED g: ~ c. ~ ~ HA V ASU CREEK NO.4: ~ ,A t~ 9~SS_SS_ss o l - &~~. o \ \ ~~\\.~?:\~~~( J \ \ \'~ ------- - - ---' N 25'07'14" VI 170.77' . \ 1 10'T10' ENDING POINT L : ~~ ---------1 ~ili -/J ;~~ .,.' . ....,. b a ' L. zrg , " ..____--------L 'j J-J N 00'34'16" E 48.69' N 09'39'27" E 52.40' --I S 89'46'20" E 600.37' ~ r~ SS-ss-ss-ss LN 55'36'48" E 99.03' N 27'36'00" E 34.50' ;.... ~I '!l-~~ I _~ ~ f()<C-i(., <c I I ~I c,o I I ~ N 00'13'40" E 20.49' g;..~ J crmffi l- ~! ( ~ ~I_ -=-= _ ~ ".;;~;s_ -==. _ ~ ~ ~ _ ~ ! _ . ",'46'2~ W 2501.'" 1/4 CORNER""L ]9-=-= I r- \ - I I +FUTUrE QUE~Z~ b~M ~G ----- '\ ~ -1 ~ _ ~ I~LI-LIL- \ --:j '-- -J L I ~ " ) ==--\--1 tJ L1-J r--' ,,~ 1\ c~ I- --j- I \~. SANITARY SEWER EASEMENT HAVASU CREEK SUBDIVISION PROPOSED COBRE BASIN NO.2 REVISION : BY, I I (----1 I J , l ,,,...,, "'NT ! I f EXH~B~T LOCATED IN THE NE 1/4 OF SECTION 31 TOWNSHIP 4 N" RANGE 1 E., 8.M. MERIDIAN, ADA COUNTY, IDAHO SHEET: 1 OF 1 30203 -SS l.DWG DWG DATE: DWG NO. 07/11/03 MNM 30203 SCALE: 1 "= 300' I McMILUlN ROAD 30. 29 --~ 31 I 32 Cl ;1 ~ > uJ 0 , c::: ~I ~ "" 0 g i~4 CORNE~ BRIGGS ENGINEERING, INC. ClN filM< ENGINEERS PLANNERS SURVEYORS 1800 W. OVERLAND ROAD · 80lSE, 10AHO 83705 · (208)344-9700 August 1, 2003 MERIDIAN CITY COUNCIL MEETING August 5, 2003 APPLICANT Public Works Department REQUEST Water Main Easement for Creekside Arbour Phose 3: ITEM NO. f2.-; AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGA liON: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Memo / Easement vV Mr Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetlngs shall become property of the City of Meridian. To: Mayor Corrie &. City CO~~ From: Brad Watson, P.E.~ V CC: File, Gary Smith, PE, City Clerk Date: 07/30/2003 Re: Proposed Agenda Items for August 5th City Council Meeting DE' ("'1 D l~""\'IEl T' J[l, A~~l;' 1, .IJ JUl 3 1 2003 City Of Meridian City Clerk Office The Public Works Department respectfully requests that the following items be placed on the August 5th City Council agenda. on the Consent Agenda, for Council's consideration: 1) Streetlioht Aoreement for Cedar SprinQs No.2. Typical decorative streetlight agreement. Recommended Council Action: Approve the Streetlight Agreement for Cedar Springs No. 2 and authorize the Mayor to sign and City Clerk to attest. 1(- 2) Water Main Easement for Creekside Arbour Phase 3. Typical water main easement Recommended Council Action: Approve the Water Main Easement for Creekside Arbour Phase 3 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. IiIl Page 1 'VATER MA1N EASEMENT THIS llIDENTURE, made this 29th day of Julv , 20~between William & Lucile Leavell, llie parties of the first part, and hereinafter called llie Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; Vi.IlTNESSETH: \i\iHEREAS, llie Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and VVHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and v\lHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and oilier good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHJBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, togethenvith their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with llie free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction) repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement thatvvas placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any pennanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree willi the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such eAient, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement Page 1 EAS1vIT _ '~rrR.. doc 03 -02 THE GRA.NTORS do lkreby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lavv:ful claims of all persons whomsoever. IN 'iAlITNESS VilFlEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above .written. GRANTOR: .I .A' V~ ;{pwrP WilIimn~A~ ~eavell, Mllilllger STATE OF IDAHO) ) ss County of Ada ) . On this 29th day of July, 20QL, before me, the undersigned, a Notary Public in and for said State, personally appeared William Leavell and Lucile Leavell . known or identified to me to be the managers of the LLC that executed the within instrument, and acknowledged to me that such LLC executed the same. IN "WITNESS VVHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. _~C~~ ~a.ID Commission Expires: May 8. 2009 GRANTEE: CITY OF :MERIDIAN Robert D. COiTie, Mayor Attest by \f\Tilliam G. Berg, City Clerk Approved By City Council On: Watei" Main Easement Page 2 EASIvIT_ 'io/TRdoc 03-02 STATE OF IDAHO, ) ss. County of Ada ) . On this day of , 2003, 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, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO RESIDING AT: MY COMMISSION EXPIRES: ?;~..... ~ ~,..,.~ .r---... ~_. _ _,""'~-+"L ~-#~ ~ / ~ p"'" -~ /.?'- '~--- -,/ -----/ ~ <' -""'" .,/ - ReN'- no-=" lsone ~;"------ -.- 41 -.-/ Office 2 0 8 - 3 4 3 - 0 0 2 5 _!;ft;"'G"1~OliV'?'~~1..etf~1>g~'f. Fax 2 0 8.343.0337 Civil Engineering- Land surve~ ~ ~a~fcit::'~~ .i.l.Pf:t~, www.rennisonengin<.Cring.com 50 Broadway Ave., Suite B, Boise, Idaho 83702 Exhibit A Project No.: 1323 July 28J 2003 Legal Description For Waterline Easement A waterline easement located in the northWest' quarter of Section 7J Township 3 North, Range 1 East Boise MeridianJ City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a found brass cap monumenting the northeast comer of the northwest quarter of Section 7, Township 3 North, Range 1 East, Boise Meridia~ and thence South 88035'4911 West, a distance of 390.00 feet to a point; thence South 00036103" West, a distance of 310.04 feet to a 5/8n rebar; thence South 89011'261t West a distance of 23.61 feet to a point on the southwesterly line of an existing waterline easement per instrument #100081728; thence South 45006'3411 East along said existing waterline easementJ a distance of 8.09 feet to a point; said point being the POINT OF BEGINNING: thence continuing South 45006'34" East along said lineJ a distance of 28.64 feet to a point; thence North 89023'57'1 West, a distance of 27.24 feet to a point; thence South 00036'03" West, a distance of 35.44 feet to a point; thence North 89023'57tl West,. a distance of 13.00 feet to a point; thence North 00036'03" East, a distance of 35.44 feet to a point; thence North 89"23'57t1 West... a distance of 110.74 feet to a point thence South 00036'03" West,. a distance of 35.44 feet to a point; thence North 89023'57" West, a distance of 13.00 feet to a point; thence North 00036'03" East, a distance of 35.44 feet to a point; thence North 89023'57" West,. a distance of 53.65 feet to a point; thence South 00036'03" West, a distance of 8.00 feet to a point; thence South 89023'57" East,. a distance of 12.50 feet to a point; thence South 00036'03" WestJ a distance of 20.00 feet to a point; thence North 89023157" West, a distance of 1250 feet to a point; thence South 00036'03" West, a distance of 159.40 feet to a point; thence South 44023'57" East, a distance of 20.76 feet to a point; thence South 89023'57" East, a distance of 41.82 feet to a point; thence North 00036103" East, a distance of 23.41 feet to a point; thence South 89023'57" EastJ a distance of 13.00 feet to a point; R:\Projects\Newby\1323\Admin\Legals\ Water easement.doc Page 1 of2 thence South 00036'0311 West, a distance of 23.41 feet to a point; thence South 89023'57' East, a distance of 84.57 feet to a point; thence North 00036'03" East, a distance of 21.83 feet to a point; thence South 89023'57" East, a distance of 13.00 feet to a point; thence South 00036103" West a distance of 21.83 feet to a point thence South 89023'57' East a distance of 56.21 feet to a point; thence South 00000'1211 West, a distance of 20.00 feet to a point thence North 89023'57' West, a distance of 38.16 feet to a point; thence South 00036'0311 West, a distance of 38.91 feet to a point; thence North 89023'57' West... a distance of 13.00 feet to a point; thence North 00036'03" East, a distance of 38.91 feet to a point; thence North 89023'57" West a distance of 122.% feet to a point; thence South 00036'03" West, a distance of 4257 feet to a point; thence North 89023'57" West, a distance of 13.00 feet to a point thence North 00036'03" East, a distance of 42.57 feet to a point; thence North 89023'57' West, a distance of 29.97 feet to a point; thence North 44023'571l West a distance of 37.33 feet to a point; thence North 00036'03" East, a distance of 215.68 feet to a point; thence South 89023'57' East, a distance of 217.13 feet to a point; to the POINT OF BEGINNING. 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"'d ~ l \ W~=~ ~ ~ ~ ~ \'. ~ JIIIIIl-1 ~ '\ ~ .- J 1\ ill 0 \ I=.~:~ )\ =.~ ~ \ ~...,M~ . ....=w \\~;J , .;00( <, Q g ADA COUNTY RECORDER J. DA\,- ,~~VARRO BOIse IDAHO 09114103 12:32 PM ~[~~~1e~~~~~u1~~~F 1\\ I U\ IIItIl i tlIl111111\ 1""\ 1 \11\\ Meridian CilY 1031371107 AMOUNT .00 6 '";\T ATER MAIN EASEI\-IENT TI-llS INDENTtJRE, made this 29th day of.1l!lL, 20~between William & Lucile Leavell, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second pmt, and hereinafter called the Grantee; VvlTNESSETH: ViIHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and VilHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and \WffiREAS, it will be necessary to maintain, senrice and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the construction, operation, maintenance, repair, replacement of a waterrnain over and across the following described property: (SEE A TT ACHED EXHIBIT A and B) The easement hereby granted is for the purpose of constl1lction llnd operation of a water line and their allied facilities, together "vith their maintenance, additional cormection thereto, repair and replacement at the convenience of the Grantee, willi the fi'ee right of access to such facilities at any and all times. TO HA.VE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY illIDERSTOOD ANT> AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement thatlivas placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any pennanent structures, trees, brush, or perermiaI shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GR.A.]:\ITORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become pmt of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement Page 1 EAS:MT _ WTR.doc 03-02 page-LoJ.L. THE GR.A-NTORS do hereby covenant with the Grantee that they are lavvfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS 'A/HEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above ViTitten. GRANTOR: v~ tAWfj/ Willialll LeaV~IVer /l_ ~,~d- UClle Leavell, Manager ST ATE OF IDAHO ) ) 55 County of Ada ) On this 29th day of July , 20~ before me, the undersigned, a Notary Public in and for said State, personally appeared William Leavell and Lucile Leavell , known or identified to me to be the managers of the LLC that executed the within instrument, and acknowledged to me that such LLC executed the same. IN \\fITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ~OT' ..I~CF~l}~AHO ~ ~L---l<v'(";L) e '(ling a _ amra, ID Corrnnission Expires: May 8. 2009 -= 11\II1LlltJrUI! \\\1 ~! ,._ IIII "~,II -{ or $!;,':J.'!,.... /,,// ,,~ ,'--- '. ...1/1. /.... ~'a O'-:>POR'">,' .1/"'~ ... G f' . .'-!.. \ ... ~ ~ .~~ ~ ::: ~ '\....1_ - \ - ~ jj~(~'i,~w>>~ -;:: ~. c?::: ~ G'u ,,({i 0 .::: ~ i'() Sr lS~ ~ J ~ '1 C ~~ " "'''''''/111 OUNT" . ,\\\"", Ilfll/llt tllI,'II\ ~\\~~t 5 \ dC\{'0 GRANTEE: CITY OF J'vlERIDIAN Approved By City Council On: Water Main Easement Page 2 EASlVIT_ "\VTR.doc 03-02 Page d of l.P STATE OF IDAHO, ) ss. County of Ada ) ?;+L- A o.L 1C...M~L( ckl0L€.-rd On this I { day of t k~"2lCL , 2003, before me, the/ t.l undersigned, a Notary Public in and for said State, personally appeared ROOCRT D. .GeRRtE-and WilLIAM G. BERG, JR., known to me to be the MayeLand City Clerk, (J:.+j(Dkrlc~l rrtS-ic!uJ respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand ahd affixed my official seal the day and year first above written. (SEAL) e.Oe[30~0 oil-ON Sil';.4> 4>~~"---~~~~~~ ~:~"i'(f/ 0 'f. Ai{ }>"-&~t). 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Office 2 0 8 . 3 4 3 . 0 0 2 5 Fax 2 0 8 . 3 4 3 . 0 3 3 7 W1Nw.rennisonengineering.com 50 Broadway Ave., Suite B, Boise, Idaho 83702 Exhibit A Project No.: 1323 July 28.. 2003 Legal Description For Waterline Easement A waterline easement located in the northwest quarter of Section 7, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a found brass cap monumenting the northeast comer of the northwest quarter of Section 7, Township 3 North, Range 1 East, Boise Meridian, and thence South 88035'49" West, a distance of 390.00 feet to a point thence South 0003610311 West, a distance of 310.04 feet to a 5/8" rebari thence South 89011'26" West, a distance of 23.61 feet to a point on the southwesterly line of an existing waterline easement per instrument #100081728; thence South 4500613411 East along said existing waterline easement" a distance of 8.09 feet to a point; said point being the POINT OF BEGINNING: thence continuing South 45006'34" East along said line, a distance of 28.64 feet to a point; thence North 89023'57" West, a distance of 27.24 feet to a point thence South 00036'03" West.. a distance of 35.44 feet to a point; thence North 89023'5/"' West, a distance of 13.00 feet to a point; thence North 00036'03" East, a distance of 35.44 feet to a point; thence North 89023'57" West, a distance of 110.74 feet to a point; thence South 00036'03" West, a distance of 35.44 feet to a point; thence North 89023'57" West, a distance of 13.00 feet to a point; thence North 00036'03" East, a distance of 35.44 feet to a point; thence North 8902315711 West, a distance of 53.65 feet to a point thence South 0003610311 West, a distance of 8.00 feet to a point; thence South 89023157' East, a distance of 12.50 feet to a point thence South 00036'03" West, a distance of 20.00 feet to a point; thence North 89023'57" West, a distance of 1250 feet to a point; thence South 00036'03" West.. a distance of 159.40 feet to a point; thence South 44023'5711 East, a distance of 20.76 feet to a point thence South 89023'57" East, a distance of 41.82 feet to a point thence North 00036'0311 East, a distance of 23.41 feet to a point thence South 89023'57" East, a distance of 13.00 feet to a point R:\Projects\Newby\1323\Admin\LegaIs\ Water easement.doc L I pagtlof2 page..::L-of thence South 00036'031t West7 a distance of 23.41 feet to a point; thence South 89023'57/1 East, a distance of 84.57 feet to a point; thence North 00036'03/1 East a distance of 21.83 feet to a point; thence South 89Q23'57" East, a distance of 13.00 feet to a point; thence South 00036103" West, a distance of 21.83 feet to a point; thence South 89023157" East, a distance of 56.21 feet to a point; thence South 00000'1211 West... a distance of 20.00 feet to a point; thence North 89023'5711 West, a distance of 38.16 feet to a point; thence South 0003610311 West, a distance of 38.91 feet to a point; thence North 89023157'1 West, a distance of 13.00 feet to a point; thence North 00036'0311 East, a distance of 38.91 feet to a point; thence North 89023157" West... a distance of 122.96 feet to a point; thence South 00036'03" West... a distance of 4257 feet to a point; thence North 89023'57" West, a distance of 13.00 feet to a point; thence North 00036'03" East, a distance of 42.57 feet to a point; thence North 89023'5711 West, a distance of 29.97 feet to a point; thence North 44023'57" West, a distance of 37.33 feet to a point thence North 00036'03" East, a distance of 215.68 feet to a point thence South 89023'5711 East, a distance of 217.13 feet to a point; to the POINT OF BEGINNING. The above described easement contains 0.37 Acres, more or less7 subject to all existing easements and rights of way. Prepared by Rennison Engineerin~ PLLC. R:\Projects\Newby\1323\Admin\Lega1s\Water easement.doc Page 2 of2 Page-5-.of Lv <.nn o 1>'9 8~ ~ ~l1J ~Jg '"rn S' s. @ ...., tb ; S' tp~ o e J!mm,d tt.t""~ ::; ~~ o W 00= ~~ O~ ~l9 8300 n e ~~ o ?O \,>J >l'- ~I;j sr ~ S' tD j ~ QQ fDj I g "d : Lv t"I i& ,.j:>.. t'" ! ~ n (;.) ~~ ~ "Id' ~~0" z ~im z~:=3 .. ::El c: >e!=E~ t:l~~tfj! >trl1m3t:1 8 ~t2 Z ~.. ....> ~~h .. o~~ 6"ffotool ~~:~ o~l.'I:IO 6~1Tj S;:toolP3 ]: ~ ~I .;.J I /~ <.: ,~ i n ~ i ~ ll) l:"'I ~ Z tJQ1tfj tf.lP1 ~ ~ g ~ ~ ~ ~I 00 ~> s~ "- I:rJI 0 ~ OJ t7:J ! () 'I:l I~~ ~~ == i 0) 0 :r: ~ VI . 0 (J) () )> J;; 0 z ~ -I en 0 .... <l'l FAIRVmW A VEl> BASIS OF SBARING S88'35'49-W 2404.60' <l'l 2014.60' }OO.OO \ ",:8 P:~ ~.o ~"1. /~ '-1 ~~ -.... 0_ "'2 t:)~ iO' '" Q> .... ol'J "! t.) ~~ 8z -tn 0"... m" !::l l"IiJ b = o . ' . . . . . 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(,01 ...... '" (,.I '" VI ...... t.I '" ~ ...... N .....t VI, ...... ~ ...... ...... VI .....t ~ -..! VI ...... ...... VI, ~ (A ...... VI, ...... -F& Z H' ~ . ~ roi . . :i ~ ,. . '" ~ Ii r..: ~ . Ir'i . ,. . Ii . :i . r>i . ~ ~ ,. ~ C) fTI :E :E :E :E [TI ::E ::E :E [TI [TI fTI ::E fTI fTI ::E fTI :E :E :E ::E f'1 :E ::E :E m Page '\j) of 'lo August 1, 2003 MERIDIAN CITY COUNCIL MEETING August 5, 2003 APPLICANT Public Works Department ITEM NO. <3 REQUEST Approve Purchase of Lot in Castlebrook Subdivision No. 1 for Black Cat Lift Station: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMP ANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Memo ~ ttyr Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. l~W(~RI~V- . .~'U!U'\JL:J' ED JUl 3 1 2003 To: Mayor Corrie & City Council From: Brad Watson, P.E. p~ 4.J CC: File, Gary Smith, PE, City Clerk Date: 7/30/03 City Of Meridian City Clerk Office Re: Consent Agenda Item for August 5 City Council Meeting - Purchase of Lot in Castlebrook Subdivision No. 1 for Black Cat Lift Station When the Castlebrook Subdivision No. 1 final plat, located south of Cherry Lane on the east side of Black Cat Road, was presented to City Council on April 8, 2003, I discussed in generalities the negotiations staff was having with Centennial Development to purchase two of the residential lots within the subdivision for the future Black Cat Lift Station. Bill Nichols subsequently drafted a Real Estate Purchase and Earnest Money Agreement that bounced back and forth between the developer and me. The developer, John Laude, LLC Manager, has signed that agreement and submitted it to me. I am forwarding it to you for your approvaL The cost of the lot (two preliminary platted residential lots combined into one lot on the final plat) is $70,000. Centennial Development, during numerous meetings, stated that they will be selling lots in Cast/ebrook Subdivision for $35,000. We feel this is a reasonable price for several reasons: 1. Purchase of this lot allows our consultant to immediately begin design and layout of the lift station site and the trunk sewer that will flow into. Consequently, we believe construction of the project will be quicker. 2. We would not have to screen, evaluate and negotiate for other sites in the area. Toere are many existing houses on the west side of Black Cat Road and finding a suitable site would likely be time-consuming and possibly even more expensive. 3. There will be minimal disturbance from the construction to established homeowners with the exception of two or three houses immediately north in Coral Creek Subdivision. o Page 1 4. We avoid the costs of extra 36-inch sewer trunk extending from Black Cat Road to a site west-of the road potentially hundreds of feet away (estimated costs for 36-inch sewer installed is over $100 per foot). We also avoid the costs for access roads from Black Cat Road to the lift station since the subdivision will figuratively bring a public street to the lift station's front door. A map of the proposed lift station site is attached. The payment for this property would be in the form of an offset of the Black Cat Trunk Fees the developer is required to pay (see staff comment Site Specific NO.3 - $1500 per dwelling unit). There are 52 building lots in Castlebrook Subdivision NO.1. We had a sign, similar to those required for public hearing notices, built and posted on the property in mid-July that gives information regarding the future lift station. A copy of that sign design is attached. We knew that acquisition of the site was contingent on City Council's approval but wanted to get word out that a sewage lift may be in this location as soon as possible since construction of the subdivision is nearing completion. I spoke with both Council Member McCandless and Bill Nichols about this item today and have taken their advice to request it be on the Consent Agenda. I will be happy to answer any questions you have about this agreement jf you wish to pull it off the consent agenda for discussion. Recommended Council Action: Approve the Real Estate Purchase and Earnest Money Agreement with Centennial Development, LLC and authorize the Mayor to sign and City Clerk to attest. 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'" '" '" '" .,. .,. 0 to ~IN Co '" 0, '" 0 ;... io '" '" ru '" M w w to a- E '" ci ai ai .,. "" oj ai' ru ru '" M '"' W <0; U J-- T w ~ ~ ~ ~ :- < '" ~ b '" :" '" :" 0 '" '" '" !Xl ruo 0 a '"' ~ .. In W '" .~ 0 a '"' '" ~ '" Vi > '" - '" 0 - '" M '" tu u, '" ;, ;.., ;.. W n::: :J: :J u o ... .. ... ru '" 0 " z z z '" '" '" '" '" () :!: - f- N ru N ;.. ;;:; ;.. .., '" a- ... .. '" '" '" 0 :z w oi ;:; '"' Iri Iri oj ~ ..J '" '"' ,., vi '" D D D b a g 0 => 0 , ;;- 0 0 <> 0 0 a , Iri d d d ~ ~ 6 d <( ~ I '" '" '" OJ "'I"" "' , w > 'I '" '"' '" "' '" " <0 , '" I I I I , I I => U U U U U U U U < U ,99'8ge avo~J:''''':J->l:JVla 'N ~ 5 !!! f- .,; '" '" <: In !;! z~ C ~ =", _!:l ~ ,..~ ~~ "''' ::l - c:" .., <: <: is ~ = <: " ~ '" o,u 15 5~.i w < R~ ~ '" ~ '" ;:: a :;:;~ "' REAL ESTATE PURCHASE AND EARNEST MONEY AGREEMENT THIS REAL ESTATE PURCHASE AND EARl\TEST MOJ\TEY AGREEMENT ("Agreement") is made and entered into this day of ,2003, by and between CENTENNIAL DEVELOP:MENT, L.L.C., an Idaho limited liability company, ("Seller") and THE CITY OF MERIDIAN, IDAHO ("Buyer") to purchase real property situated in Ada County, Idaho, and all appurten8I,1ces thereto, including any wells and well rights, and other improvements located thereon, and including all mineral rights, and all Water Rights located thereon or appurtenant thereto. The Property is legally described as follows, to-wit: Lots 1 and 5, Block 1, Castlebrook Subdivision No.1, City of Meridian, Ada County, Idaho (as shown in the preliminary plat, and the submitted, but not yet recorded, final plat). (hereinafter referred to as the "Property"). For purposes of this Agreement, the term 'Water Rights'" means any and all rights to use ground or surface water on the Property, whether evidenced by any permit, license, transfer, order, exchange, claim, decree or otheIVJise, or pursuant to any lease or other agreement. 1. Earnest Money. Upon acceptance of this agreement by Seller, Buyer will issue a check in the sum of $500.00, reflecting earnest money, in favor of Seller and deposit the same with the Closing Agent Buyer will receive credit for the earnest money at Closing. ? Purchase Price for Property; Payment. The total purchase price for the Property, is $70,000.00, which amount shall be paid to Seller as follows: Seller shall be allowed a credit of $70,000.00 against Black Cat Sewer Trunk fees to be assessed to residential lots in Castlebrook Subdivision No. 1. 3. Prorations; Closing Costs. Seller shall pay all taxes and water assessments assessed against the Property up to and including the date of closing. Seller shall pay the premium for the oVlller's standard title insurance policy and one-half of the Closing Agent's fee. Buyer shall pay the cost of recording the warranty deed and one-half of the Closing Agent's fee. 4. Conveyance of Title. On Closing, Seller shall execute and deliver to Buyer a Warranty Deed conveying good and marketable title to Buyer in the Property free and clear of any defects or encumbrances except for those restrictions and easements of record approved by Buyer, and those other encumbrances or defects approved by Buyer (the '<Permitted Exceptions"). REAL ESTATE PURCHASE i\l\TD EARNEST MONEY AGREEMENT - 1 i 4.1. Seller agrees to convey to the Buyer by Warranty dee~ at Closing, free and clear of any encumbrances or liens, all water and Water Rights, ditches and ditch rights, including the right to delivery of storage water which maybe appurtenant, in whole or in part, to the Property, together with all mineral rights, if any. 4.2. Seller agrees to assign to the Buyer at Closing, free and clear of any encumbrances or liens, all Water Right claims, shares, certificates, licenses, permits or applications for Water Rights, and any and all of Seller's rights or interest in any groundwater recharge or similar program appurtenant to or otherwise benefiting the Property. 5. Title Insurance Commitment and Title. 5.1. Within five days after the execution of this Agreement, Buyer shall obtain a preliminary commi1ment for title insurance (the "Commitmenf'), including copies of all exceptions referred to therein, issued by the Closing Agent, committing to insure the Buyer's interest in the Property in the amount of the purchase price. 5.2. Buyer shall have ten days after receipt of the Commitment within which to approve or disapprove the Commitment. If Buyer disapproves of any exceptions to title set forth in the Commitment, Buyer shall notify Seller within the ten day time period. 5.3. Seller shall have until Closing to obtain the removal of any exceptions to title disapproved of by Buyer and Sellet reserves the right to remove any exceptions to title out of those funds deposited into escrow at Closing. 5.4. If Seller does not obtain the removal of the disapproved exceptions within the period provided above, Buyer must either (i) terminate this Agreement and neither party shall have any further rights or obligations under this Agreement, except as to those conditions which survive this Agreement, and Buyer shall be entitled to aretum of their Earnest Money; (ii) deduct the cost of removing such exceptions from tlle purchase price; or (iii) waive the removal of the disapproved exceptions from title and close the transaction in accordance "With this Agreement. 5.5. If any exceptions to title arise prior to Closing which have not previously been disclosed to Buyer, Seller shall cause the same to be removed prior to <;:losing and failure by Seller to do so shall be a default hereunder and entitle Buyer to all of the remedies provided herein for a default of this Agreement. 6. Risk of Loss; Insurance. Risk OflOSE or damage to the Property shall be borne by Seller until the Closing date. In the event of material loss of or damage to the Property prior to Closing, Seller shall not be obligated to restore the Property nor pay damages to Buyer by REAL ESTATE PURCHASE AND EARNEST MONEY AGREEl\ffiNT - 2 reason of such loss or damage, and Buyer may terminate this Agreement by giving notice of such termination to Seller, and such termination shall be effective thereafter. Provided, however, that Buyer may elect to purchase the Property in the condition existing on Closing. 7. Contingencies. This Agreement and the sale and purchase contemplated hereby are specifically contingent upon the following: 7.1. The Meridian City Council approving Buyer's purchase of the Property~ 7.2. The Meridian City Council authorizing the credits to purchase the Property; 7.3. The City of Meridian ' s consulting engineer approving the Property as the location for a regional sewer lift pump station for the Black Cat Sewer Trunk; 7.. 4. There exists legal, recorded access to each parcel of the Property or will upon recordation of the Castlebrook Subdivision No. 1 plat; 7.5.. Seller has good and marketable title to the Property; 7.6. Neither the Property nor the sale thereof "violates any applicable statute ordinance or regulation, nor court order or any governmental authority or agency, pertaining to the Property or the use, occupancy or condition thereof. The Property is not subj ect to any federal, state, or local ordinances, regulations or administrative authority that would othenvise limit its use for the purposes intended by Buyer; 7.7. That there are no material (patentor latent) defects in theProperty~ 7.. 8. No fences or structures of any kind encroach on the Property, nor do any structures or fences of Seller encroach on adjacent properties; 7.9." There is sufficient water supply and Water Rights to irrigate the Property; 7.10. Conduct a survey of the Property, if Buyer so chooses at Buyer's own expense. Seller agrees to allow agents of the Buyer on the Property at reasonable times to assist with Buyer's inspection. Seller shall cooperate with Buyer and confirm when requested, REAL ESTATE PURCR;\SE MTD EARNEST MONEY AGREE11ENT - 3 and if possible, the accuracy of information relied upon by Buyer in Buyer's investigation of the Property, including information regarding the history and use of the Property. If any of the above contingencies have not been met by the Closing of this transaction., Buyer may, at Buyer's option., waive the contingency not met or Buyer may terminate this Agreement and shall be entitled to a return of the Earnest Money Deposit. 8. Seller's Representations. As of the date of Closing on the Property Seller represents as follows: 8.1. No Leases currently cover the Property and Buyer will be entitled to possession of the Property at Closing; 8.2. There are currently no underground storage tanks located on the Property. There are no hazardous materials present in on or under the Property and the Property has not been used for the storage of disposal of any hazardous materials, except for gasoline, diesel, pesticides and fertilizer utilized in farri:l.ing operfltions conducted on the Property. Seller has received no notice (nor is Seller aware of any notice) from any governmental authority concerning the release of any Hazardous Materials in, on., under or adjacent to the Property. . 9. Conditions To Be Fulfliled By The Buyer Which Will Survive The Closing. The building which houses the sewer lift pump station -will be designed and constructed in an architectural style compatible with the residential character of the subdivision and the applicable Covenants, Conditions and Restrictions attendant to the Property, except to the ehient that the use of the building ",rill require adherence to different building codes which may impact architectural elements. The building and property will he landscaped to buffer the impact on adjacent lots. Exhaust venting, if at all possible, will be placed on the Black Cat Road side of the building. 10. Closing Date; Closing Agent; Possession. Closing shall occur on or before , 2003 ("<Closing") at the offices of Alliance Title, Meridian, Idaho (the "Closing AgenC). Buyer shall be entitled to possession of the Property at Closing. If this transaction does not occur by Closing date, and the parties have not agreed, in writing, to extend the Closing date, this contract shall terminate and will be null and void and Buyer shall be entitled to a return of the Earnest :r"foney Deposit 11. Default. Time is of the essence of this Agreement. If Seller defaults hereunder, Buyer may seek specific performance of this Agreement, damages or rescission, the return of the EamestMoney Deposit, and any other remedies available to Buyer in law or equity. If Buyer defaults, Seller, as its sole remedy, shall retain the Earnest Money Deposit. In any suit, action or appeal therefro~ to enforce this Agreement or any term or provision hereof, or to REAL ESTATE PURCHASE AND EARNEST M01\TEY AGREEMENT - 4 I. interpret this Agreement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys fees. 12. General. This is the entire agreement of Buyer and Seller with respect to the matters covered hereby. This Agreement may be modified only in writing, signed by Buyer and Seller. Any waivers hereunder must be in vvriting. This Agreement shall be governed by Idaho law. This Agreement shall inure to the benefit of and bind the heirs, personal representatives, successors and assigns of the parties hereto. The invalidity or unenforceabihty of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. 13. Commissions. Any commissions due in connection with this transaction shall be paid by Seller. 14. Additional Instruments and Assistance. Each party hereto shall from time to time execute and deliver such further instruments, provide additional information and render such further assistance as the other party or its counsel may reasonably request in order to complete and/or perfect the transactions described or contemplated herein. 15. Survival. The terms, covenants, representations and warranties in this Agreement shall not merge in the deed( s) of conveyance or the termination of this Agreement. Signed effective the date first set forth above. DEVELOP:MENT, L.L.C. Development, L~C manager aude Sr., manager CITY OF MERIDIAN, IDAHO By: Robert D. Corrie, Mayor Attest: William G. Berg, If., City Clerk "Buyer" jalZ:\Work\M\Meridian\meridiancrest1ineema.doc REAL ESTATE PURCHASE A1\1D EARNEST MONEY AGREEMENT - 5 MAYOR Robert D. Corrie HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT (208) 466-9272 . Fax 466-4405 CITY COUNCIL 1v1EMBERS Tanuny deWeerd Keith Bird Cherie McCandless William L.M. Nary CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 . FAX (208) 887-4813 City Clerk Office Fax (208) 888-4218 PUBLIC WORKS BUILDING DEP ARTkffiNT (208) 898.5500' Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533' FAX 888.6854 MEMORANDUM: April 8, 2003 To: Mayor, City Council and Planning & Zoning Conurnssion Wendy Kirkpatrick, Planner IT DJkl .c::;::# Bruce Freckleton, Senior Engineering Tech ~ From: Re: Castlebrook Subdivision No.1 · Request for Final Plat Approval of Fifty-Two (52) Building Lots and Five (5) Other Lots on 39.96 Acres in an R-4 Zone, by Crestline Development LLC (File No. FP-03-012). We have reviewed the above referenced submittals and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY This is the Final Plat application for Castlebrook Subdivision No. 1. The property is located on the east side of Black Cat Road, approximately ~ mile south of Cherry Lane, directly south of the recently approved Coral Creek Subdivision. Minor modifications have been to the final plat that differs from the approved preliminary plat. The changes include the elimination of a building lot to accommodate drainage (Lot 4 Block 4), the reduction of common lot. square footage on Lot 1 Block 7 for NMID, and the creation of a new regional Lift Station Lot for the City of Meridian (Lot 5, Block 1). SITE SPECIFIC REOUlREMENTS I. Applicant shall meet all terms of the approved Preliminary Plat. 2. Water service to this site shall be via main line extensions from the existing mains adjacent to the property. The applicant shall be required to extend water mains to and through the proposed development, thereby making them available to the adjacent properties (Stub streets, and N. Black Cat Road). PP.03-012 Cllstlobrook Sub. FP Staff finds that sanitary sewer service will be available to the lots within the proposed subdivision. Sanitary sewer service to this site will be via a temporary lift station within Planning & Zoning Cornmission/Mayor & City Council April 8, 2003 Page 2 the Blackstone Subdivision. This station pumps to an existing gravity sewer main located in Black Cat Road, that then flows to the Ashford Greens lift station. The Blackstone lift station shall be upgraded or modified, at this developer's expense, to the City of Meridian's standards and specifications. The applicant will be responsible to construct lateral sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. This development shall be subject to the Ashford Greens sewer latecomers fees. Black Cat trunk. development fee of $1,500.00 per dwelling unit shall also be assessed against this development. Payment of the trunk development fees and latecomer fees are required prior to signature on the final plat map by the City Engineer. 4. Underground year-round pressurized irrigation must be provided to all lots within this development. The applicant has indicated that the Nampa & Meridian Irrigation District. The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water. Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 5. The 6' sandstone vinyl fence adjacent to Black Cat Road is approved as submitted. The applicant shall provide open vision and non-combustible fencing (i.e. chain link or wrought iron adjacent to Ten :Mile Creek (Lot 1, Block 7). The aforementioned fencing shall be installed prior to the issuance of occupancy permits within this phase. 6. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 7. Add or revise the following preliminary plat notes: (6.) ... homeowners association Lot 1, Block 1 and ... (7.) Lot 1, Block 1 shall be owned bv the City of Meridian. and maintained. . . (13.) Include the complete text referring to the Right to Farm Act. (17) Fencing adiacent to the southern property lines of Lots 1-4, Block 5 and the western property line of Lot 6, Block 5 shall be restricted to four feet (4')in height if solid fencing material is used: two additional feet of lattice style fencing may be placed on top of the four foot solid fence. 8. Complete the recording information in plat note 16. 9. Any drainage areas (detention / retention basins) must be designed to ensure that water is retained only during 100-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1. FNl3-012 C3sllebrook Sub.FP z o --- ~c~ o (\1 UlUl:g~ o t:. Q) \- ___cf)~~ r- uJ ~ ..J OctOUl --? ~ ~<9 ~ \-- .-- 4. -;)0'5: ~ U1 cf) tn o ." 0 ~C'& C .e (1) 15 Q) Q) e ro E 0... ',:$ "'C. c. -t c.-) 0 ~ (\j o <.) .- 0.. 0 _ s::. c: "'0 Q) 0 ~ ~ 0 .e 0 \.0 - g ~i6Q) \.0 ~ ~oE~~cb (1) ~ 0 ~ l-- (j) C. +-' 'C 0 OdJ o <c:r .- 7' ~ o 0 ~ ~ -0 0 g 0 .g (1) ('l t:.. :0 ~ ~ 0 :) E. C'$ U- 0- ..:;:::; ~ tf1 ~ -, - -~ -0 ._ 34- 0:: ~ ~ ~ c ~~~ o Q) ~ to ~ ro ~~~ ~ ~.~ ._ ~ V" .s;:.._~ $COO August 1,2003 MERIDIAN CITY COUNCIL MEETING August 5, 2003 APPLICANT Public Works Department ITEM NO. '/ REQUEST Streetlight Agreement for Cedar Springs Subdivision NO.2: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMP A MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Memo / Agreement vV UVrYVO Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. , , , , ","City of Meridian :, Public; ,VYo~$, D~R:t.' " :::. ~? , . / ~ ~ , ~" '-:: Memo To: Mayor Corrie & City co~~ From: Brad Watson, p.E.A V CC: File, Gary Smith, PE, City Clerk Date: 07130/2003 RECEIVED JUL 3 1 2003 City Of Meridian City Clerk Office Re: Proposed Agenda Items for August 5th City Council Meeting The Public Works Department respectfully requests that the following items be placed on the August 5th City Council agenda, on the Consent Agenda, for Council's consideration: ~ 1) Streetlight Agreement for Cedar Sorings No.2. Typical decorative streetlight agreement. Recommended Council Action: Approve the Streetlight Agreement for Cedar Springs No.2 and authorize the Mayor to sign and City Clerk: to attest. 2) Water Main Easement for Creekside Arbour Phase 3. Typical water main easement Recommended Council Action: Approve the Water Main Easement for Creekside Arbour Phase 3 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Kevin Howell construction, pertaining to the street lights in Cedar Springs #2, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Kevin Howell construction. has provided 1 double head street light fixture on single pole, concrete pole base, and components to the residential development known as Cedar Springs #2 in Meridian, Idaho. The parties acknowledge that the 1 street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Kevin Howell construction, or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Kevin Howell construction, or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do burn out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 1 street lights located in Cedar Springs #2 in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off' type. 5. It is understood and agreed that Kevin Howell construction will assign its rights and obligations hereunder to when said Homeowners Association is formed and operational. STREET LIGHT AGREEMENT Page 1 This AGREEMENT shall be binding on Kevin Howell construction its heirs, successors and assigns, and the CITY OF 1vlERIDIAN. Dated this day of ,20 CITY OF 1vlERIDIAN, a municipality and Political subdivision of the State ofIdaho By Robert D. Come, Mayor ATTEST: William G. Berg, Jr., City Clerk Kevin Howell ByJ~ '1-i~M~4 President ATTEST: AM/J~fA--- Secretary STATE OF IDAHO, ) ss. STREET LIGHT AGREE1vlENT Page 2 County of Ada, ) On this _ day of , 20------, 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL NOTARY PUBLIC FOR IDAHO RESIDING AT MY COM1v1ISSION EXPlRES STATE OF ,) : ss. County of ,) On this 3(j day of 0~ ,20 0"3, before me, the undersigned, a Notary Public in and for said State, personally appeared I!~I//A/ Hc)(.,c,.)eL<. and DoN M I tJ e. h ptfZ.... known to me to be the President and Secretary of K.Gvuv H~ C OIo1~ 1-~6'~.., and who executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same. IN "WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL .#c~~~~ NOTARY PUBLIC FOR IDAHO RESIDING AT .6>/.c..e...-.:::t=D MY COl\.1MISSION EXPIRES 2 - I Z - 0 '9 STREET LIGHT AGREEMENT Page 3 ADA COUNTY RECOR gff'SE IDAHO a8114/ofE~J, DAVID NAVARRO RE:gl%Effichetle Turner :32 PM 3 2;gt~ ~~::QUEST OF 11111/111/111111/111111111/111/ III '11 183137188 "U11 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Kevin Howell construction~ pertaining to the street lights in Cedar Springs #2~ a residential development in Meridian, Idaho. For good and valuable consideration~ the receipt of which is hereby acknowledged, the parties agree as follows; 1. Kevin Howell construction. has provided 1 double head street light fixture on single pole, concrete pole base, and components to the residential development known as Cedar Springs #2 in Meridian, Idaho. The parties acknowledge that the 1 street light poles and appurtenances were specially ordered items~ not customarily used in residential developments in Meridian, Idaho. 2. Kevin Howell construction, or it's assigns~ agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof. that may hereafter be broken, damaged~ or deteriorated, or require maintenance~ at its own expense; and it is further agreed that Kevin Howell construction, or its heirs, successors and assigns, shall keep the lights operational at all times~ it being understood by the City that bulbs, and/or ballast, do bum out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 1 street lights located in Cedar Springs #2 in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off" type. 5. It is understood and agreed that Kevin Howell construction will assign its rights and obligations hereunder to when said Homeowners Association is formed and operational. STREET LIGHT AGREEMENT Page 1 Page of ~ This AGREE11ENT shall be binding on Kevin Howell construction its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this ..J1. Jt) - day of Jtdft ,20 03 CITY OF MERIDIAN, a municipality and Political subdivision of the State ofIdaho ATTEST: BY~~~~ lill'n,IY..1- de ~~ . : Co 'c, Mayer . _ \~6\. b~ L\.ne_J ~ ~,-:~vd- ~ p.W: /l;-~"fJ'd&,"",i Ci/y W~~ ' SEAL - ~ '(;, ~ ~ Q(i.: \I?i $ ~ ~ '&.,. 18\ . -<,-0 $" ~... C ~ ",.... ........., OUNTY \~ "" III' . \\\\ >f/i11l1rll1\II\\ Kevin Howell By1-'~~~ President ATTEST: /1lkd{~ ~~ Secretary STATE OF IDAHO, ) ss. STREET LIGHT AGREE11ENT Page 2 Page.Li-of ~ County of Ada, ) On this 12 day of ,AtA_%U <?'.-t , 20.n.3, before me, the undersigned, a Notary Public in and for said State, personally appeared ~ C'<.- ~-ct.Lb . v.:. and WILLIAM G. BERG, JR., known to me to bed4e~'p'd <;!ty_~ ler~fthe CITY 0 MERIDIAN, Idaho, and who executed the within lllm&ri1enl~(Wdsa:~K1iowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL <;loPtI""o $'1> NS)J~<> <>~ ~~----~~~~~ 1';;47 "'O"fAJ( >~II> /'J; /~ ~ '\~G Q('.) I ""'7 \ CI . I \ III III : 1 III 01 , , Iil III , , s ~ , I Q II> .... " Ii!; . .","" br..... :\..~..~.. OA4I . v-, ....~ uJj)......... V' . :?'A~---' -r('\ <> ..~~"l:l'Of 1.~.. 1il."1Il0l11~ ~~CLJl UV\2~ ~ NOTARY PUBLIC FOR IDAHO RESIDING AT /taCt. Co/J..,~ MY COMMISSION EXPIRES I J ol oJ,-w t-{ ~ 19; -(if; ,) County of ,) On this ,30 day of 04 ,20 0"3. before me, the undersigned, a Notary Public in and for said State, personally appeared /!~"I///v Ho (.{..1eL.{. and DoN M IIJ eo h wrL known to me to be the President and Secretary of K.6t/tN H~ C OJ-1, f-~,:.., and who executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same. STATE OF : ss. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL STREET LIGHT AGREEMENT 4%c~~;J ~ NOTARY PUBLIC FOR IDAHO RESIDING AT ~/.t.:.e-.::;?:D MY CO.M1\.1ISSION EXPIRES Z - I Z ~ 0 '7 P~~~~Of ~ August 1 , 2003 MERIDIAN CITY COUNCIL MEETING August 5, 2003 APPLICANT Public Works Department ITEM NO. 1.L REQUEST Change Order No. 1 for Well No. 24 Pumping Facilities -- Irminger Construction: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Memo ~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetIngs shall become property of the CIty of MerIdian. Rpr~v.. T"VED iN '''1 J' If. " i '"" ~~. ....l-'..---J<''''~ - JUL 3 1 2003 To: Brad Watson From: Lenard Grady /fJJ cc: Gary Smith Date: 7/31/2003 IRe: Proposed Agenda Items for August 5,2003 City Council Meeting City Of Meridian. City Clerk Office The Public Works Department respectfully requests the following items be placed on the August 5 City Council consent agenda: Well 24 Pumpina Facilities - Chanae Order #1 This contract was awarded to Irminger construction for $211 ,643.91. Change order one is for rerouting of the muffler for the backup generator to exit the building vertically and avoid the electronics in the generator panel. In addition, this change order includes a design of the landscaping for the two well lots. The muffler change costs $6,205.23 and the design of the landscaping is $975.00. Recommended Council Action: The Public Works Department recommends that City Council approve the $7,180.23 Change Order #1 with Irminger Construction for the Well 24 Pumping Facilities and authorize the Mayor to sign it Thank you for your consideration. Please contact me if you have any questions regarding any of these items. From the desk of... Lenard Grady SlaffEngineer Meridian Public Works Department 660 E. Walertower, Suite 200 Meridian, Idaho 83642 (208) 898-5500 Fax; (208) 887-1297 gradyl@CLmeridian.id.us . Page 1 WORK CHANGE DIRECTIVE No. One (1) DATE OF ISSUANCE 8/12/2003 EFFECTIVE DATE 8/12/2003 OWNER: City of Meridian CONTRACTOR: Irminger Construction Contract: Well 24 Facilities Project: OWNER1s Contract No. City Council Approval: 8/5/2003 You are directed to proceed promptly with the following change(s): Description: Change in the genset muffler configuration and design landscaping. Purpose of Work Change Directive: Direct exhaust vertically to avoid electorics. Also, develop landscaping plan. Attachments: Quote. If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Contract Price: D )fnit Prices g Lump Sum not to exceed D Cost of the Work Estimated increase (decrease) in Contract Price: $ 7.180.23 If the change involves an increase, the estimated amount is not to be exceeded without further authorization. Estimated increase ( decrease) in Contract Times: Substantial Completion: N/ A days; Ready for final payment: N/A days. RECOMMENDED: AUTHORIZED: ENGINEER By: OWNER By: Robert D. Corrie. Mayor Attest: William G. Berg. Jr. City Clerk EJCDC No. 191O-8-F (1996 Edition) Preparcd by thc Engincers Joint Contract Documents Commillee and endorsed by Tbe Associated General Contractors of America and tbe Construction Specifications lastitute. WORK CHANGE DIRECTIVE INSTRUCTIONS A. GENERAL INFORMATION This document was developed for use in situations involving changes in the Work which, if not processed expeditiously, might delay the Project. These changes are often initiated in the field and may affect the Contract Price or the Contract Times. This is not a Change Order, but only a directive to proceed with Work that may be included in a subsequent Change Order. For supplemental instructions and minor changes not involving a change in the Contract Price or the Contract Times a Field Order should be used. B. COMPLETING THE WORK CHANGE DIRECTIVE FORM Engineer initiates the form, including a description of the items involved and attachments. Based on conversations between Engineer and Contractor, Engineer completes the following: METHOD OF DETERMINING CHANGE, IF ANY, IN CONTRACT PRICE: Mark the method to be used in determining the final cost of Work involved and the estimated net effect on the Contract Price. If the change involves an increase in the Contract Price and the estimated amount is approached before the additional or changed Work is completed, another Work Change Directive must be issued to change the estimated price or Contractor may stop the changed Work when the estimated time is reached. If the Work Change Directive is not likely to change the Contract Price, the space for estimated increase (decrease) should be marked "Not Applicable". Once Engineer has completed and signed the form, all copies should be sent to Owner for authorization because Engineer alone does not have authority to authorize changes in Price or Times. Once authorized by Owner, a copy should be sent by Engineer to Contractor. Price and Times may only be changed by Change Order signed by Owner and Contractor with Engineer's recommendation. Paragraph 1O.03.A.2 of the General Conditions requires that a Change Order be initiated and processed to cover any undisputed sum or amount oftime for Work actually performed pursuant to this Work Change Directive. Once the Work covered by this directive is completed or final cost and times are determined, Contractor should submit documentation for inclusion in a Change Order. THIS IS A DIRECTIVE TO PROCEED WITH A CHANGE THAT MAY AFFECT THE CONTRACT PRICE OR CONTRACT TIMES. A CHANGE ORDER, IF ANY, SHOULD BE CONSIDERED PROMPTL Y. 208939-1031 3473 Brookside Lane FAX/M E M 0 Boise, 10 83714 truction Inc. Dal~'_"_.."~. "'.~~ (~) Carl E. Irminger Nllml1l'r ll( r,w'"~ _. . .. Presiden t Tn From L~~L \r.....~ ~ "...~___ .....____........, ____.. H...._~..,.,< ,....,.__...__.~_...... REMARKS: \:) t..\h.Q.. LC 0 ~ \..J~~ C\', Q..., C) u ~ . ~e..\c6 Gcu. 6~ l-l~u~T \ ~()OF Ut..vQlS -, \ \~~~ ~o'10 h .. -4.02>Sr.9 \' U ~ Lo..~Q ~~0'? (. \...-..~~(j:\\l f::, ~,..~ Q..Q..\~ ,Y~\O ~ ') .,.l.~ d'V8t:. ~. ~t:)\i':J\>\"\t..J~ 8~lL X ..A,,()4J- \ 0\ \h L \ c::.. <. r I ,_ :.-1 .J ...... ,...... ~ 00Q..\A ~ ....... y'\ S c.';. - (I '.. 3~() - '",t(". b , ()C', \ ~ .: \\ C; \ ~ -" '--\ r:' 10 \CJ\~\..- \.OO.J- ~. ?:/ 10 ~.j\) ~ \~c.QJ:~Gt:- l't S ~ r(r\~\- \ ,\ 80 ~~ IUL 23 '03 15:48 PAGE. 02 August 1, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Approve Bills August 5, 2003 ITEM NO. v AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~ P1~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property 01 the City of Meridian. WORKCHANGEDllffiCT~ No. One (1) DATE OF ISSUANCE 8/12/2003 EFFECTIVE DATE 8/12/2003 OWNER: City of Meridian CONTRACTOR: Irminger Construction Contract: Well 24 Facilities Project: OWNER's Contract No. City Council Approval: 8/5/2003 You are directed to proceed promptly with the following change(s): Description: Change in the genset muffler configuration and design landscaping. Purpose of Work Change Directive: Direct exhaust vertically to avoid electorics. Also, develop landscaping plan. Attachments: Quote, If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Contract Price: D Unit Prices o Lump Sum not to exceed D Cost of the Work Estimated increase (decrease) in Contract Price: $ 7.180.23 If the change involves an increase, the estimated amount is not to be exceeded without further authorization. Estimated increase ( decrease) in Contract Times: Substantial Completion: N/A days; Ready for fmal payment: N/A days. ';:. CoQ Qlo g Attest: William G. Ber Jr. Ci Cfer~ Us "\.f? j EJCDCNo. 191O.8.f (1996Edition) ~~ a ~~ ,,,,~ Prepared by the Engineers Joint Contract Documents Commil1ee and endorsed by The Associated Genem! Contraetors of America and the Cons~on Qtrfumt"is . ~ \\" I 't 'I IT. \\\ nshute. ~rd Ire; 0:;' uP~ I~.!!I"-~j\\ WORK CHANGE DIRECTWE INSTRUCTIONS A. GENERAL INFORMATION This document was developed for use in situations involving changes in the Work which, if not processed expeditiously, might delay the Project. These changes are often initiated in the field and may affect the Contract Price or the Contract Times. This is not a Change Order, but only a directive to proceed with Work that may be included in a subsequent Change Order. For supplemental instructions and minor changes not involving a change in the Contract Price or the Contract Times a Field Order should be used. B. COMPLETING THE WORK CHANGE DIRECTIVE FORM Engineer initiates the form, including a description of the items involved and attachments. Based on conversations between Engineer and Contractor, Engineer completes the following: METHOD OF DETERMINING CHANGE, IF ANY, IN CONTRACT PRICE: Mark the method to be used in determining the final cost of Work involved and the estimated net effect on the Contract Price. If the change involves an increase in the Contract Price and the estimated amount is approached before the additional or changed Work is completed, another Work Change Directive must be issued to change the estimated price or Contractor may stop the changed Work when the estimated time is reached. If the Work Change Directive is not likely to change the Contract Price, the space for estimated increase (decrease) should be marked "Not Applicable". Once Engineer has completed and signed the form, all copies should be sent to Owner for authorization because Engineer alone does not have authority to authorize changes in Price or Times. Once authorized by Owner, a copy should be sent by Engineer to Contractor. Price and Times may only be changed by Change Order signed by Owner and Contractor with Engineer's recommendation. Paragraph 1O.03.A.2 of the General Conditions requires that a Change Order be initiated and processed to cover any undisputed sum or amount of time for Work actually performed pursuant to this Work Change Directive. Once the Work covered by this directive is completed or final cost and times are determined, Contractor should submit documentation for inclusion in a Change Order. THIS IS A DIRECTIVE TO PROCEED WITH A CHANGE THAT MAY AFFECT THE CONTRACT PRICE OR CONTRACT TIMES. A CHANGE ORDER, IF ANY, SHOULD BE CONSIDERED PROMPTL Y. d '/ ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 08/14/03 12:32 PM DEPUTY Michelle Turner RECORDED -REQUEST OF Meridian City AMOUNT .00 7 1111111111111111111111111111111111111 103137114 CITY OF MERIDIAN ORDINANCE NO. 03--.!J2 J 3 AN ORDINANCE FINDING THAT CERTAIN LAND TO BE PART OF BEAR CREEK SUBDIVISION, AND THAT BEAR CREEK, LLC ARE OWNERS OF CERTAIN REAL PROPERTY LOCATED AT 2435 SOUTH MERIDIAN ROAD 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 MEDIUM DENSITY RESIDENTIAL DISTRICT (R-8); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE APART 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, TREASURER AND 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: SECTIOl\" 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 located in the NE 1;4 of the SE '14 of Section 24, Township 3 North, Range 1 West of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: ANNEXATION AND ZONING ORDINANCE (fka Kodiak Development - AZ-OO-026) NOW FOR BEAR CREEK, LLC AZ-99-010 PAGE 1 OF 5 COMMENCING at the northeast corner of the SE 14 (East 1;4 corner) of Section 24, T.3N., R. 1 W., RM., thence N 89027'07" W 65.00 feet along the north line of said SE 1/4 to a point on the westerly right of way of the Kuna-Meridian Highway; Thence S 00039'02" W 185.77 feet along said right of way to a point; Thence N 87008'00" W 32.35 feet to a point; Thence N 89027' 12" W 395.98 feet to the REAL POINT OF BEGINNING of this description; Thence N 89027' 12" W 821.92 feet to a point on the west line of the NE '14 ofthe SE 1;4; Thence S 00045'52" W 95.51 feet along said west line to a point; Thence S 89027'07" E 779.42 feet to a point; Thence N 24042'55" E 104.71 feet to the REAL POINT OF BEGINNING of this description. This parcel contains 1.756 acres, more or less. EXCEPT: A parcel of land located in the NE 1;4 of the SE l/4 of Section 24, Township 3 North, Range I West ofthe Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northeast corner of the SE 1;4 (East 1;4 corner) of Section 24, T.3N., R.l W., B.M., thence N 89027'07" W 65.00 feet along the north line of said SE 1/4 to a point on the westerly right of way of the Kuna-Meridian Highway, the REAL POINT OF BEGINNING of this description; Thence S 00039'02" W 185.77 feet along said right of way to a point; Thence N 87008'00" W 32.35 feet to a point; Thence N 89027'12" W 395.98 feet to a point; Thence N 24042'55" E 9.61 feet to a point; Thence N 48033'22" E 243.90 feet to a point; ANNEXATION AND ZONING ORDINANCE (tka Kodiak Development - AZ~OO-026) NOW FOR BEAR CREEK, LLC AZ~99-010 PAGE 2 OF 5 Thence N 85028'57" E 141.94 feet to a point on the north line of said SE 14; Thence S 89027'07" E 102.05 feet to the REAL POINT OF BEGINNING ofthis description. This parcel contains 1.387 acres, more or less. 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 Medium Density Residential District (R-8). 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 that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the 5/t:; day of ~(J" I- , 2-00:1, and that the uses are to be developed under the planned unit development process and conditional use permit 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 Clerk ofthe City of Meridian shall, within ten (10) ANNEXA TrON AND ZONING ORDINANCE (fka Kodiak Development - AZ-OO-026) NOW FOR BEAR CREEK, LLC AZ-99-0 1 0 PAGE30F5 ( 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 the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State ofIdaho, 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 963-2215 and 950-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this /!vt-rs I- , 2003. APP OVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this Jot: ,2003. r-r-A :? day of 5~ day of ~~ M~~ P de tu.e.eh:( .- c>J.y f,?(, '<Cd I?-"f'idek t \\\\\\11111 "1I1/fll "'\~l of MEFtIo./1Ifll' ,," :<..' ''''1. .~ ~...' c- o~P0R4 7:. If,.o ~ :: ;:.0 &0 ~ ~~k~9=-( ~ SEAL & ~ CITY CLERK f/ %. ~ vQl/s :\ "C!> ~ ff First Reading: g -17-03 ~$ ()-1 r 1$' ~.f' Adopted after first reading by SUSp~l~etJ1elF.?Q--a'S allowed pursuant to Idaho Code so- X TIll ,~~ 902 Yes: No: 1111/1111 n\\\' Second Reading: ' Third Reading: - ATTEST: ANNEXATION AND ZONING ORDINANCE (fka Kodiak Development - AZ-OO-026) NOW FOR BEAR CREEK, LLC AZ-99-010 PAGE 4 OF 5 STATE OF IDAHO, ) 55. 1Ctinf'l,~ de LJe-tv J County of Ada. ) On this flit. day of AtA~L.,l~ ,2003, before me the undersigned, a Notary Public in and for said State, personally appeared and WILLIAM G. BERG, JR., known to me to b~he ~4J;1Q, Cit~l~k, respectively, of the CITY of Meridian, Idaho, and who executed the within inst1tlili.~~.r;~nV{6lllio~Mged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ",lill"""O 'i1>oON Sli~'" ~o ;;___~~I([";;'(;. . ;......A ;,..'C<':A. I) /' 0 }.~ "-('( )->f.:t-.. I) I ..~ -r- \'~G ./il<%) I "'Y \ ... " ( \ p " f f iii 1i'1 I I lIiI t> \ I '" ~ \ I 0 '() \. " e, 'i1> .n...... lJ:n-1C~; 01) Q U. ...-:. UJj).,A..., ~ ... :?>.A.,.;.,----.<'I .. ..~...I;l:OF l.Y..o Q.l!IIIfElP"'Il JhMf)V;lilih NOTARY PUBLIC FOR IDAHO RESIDING AT: Ad aCar.:ntr Joiatw MY COMMISSION EXPIRE: r- 2&-0) Z:\Work\M\Meridian\Meridian 15360M\Bear Creek\AZOrdnewLegatfkaKodiak Development 07 2S 03.doc ANNEXATION AND ZONING ORDINANCE (fka Kodiak Development - AZ-OO-026) NOW FOR BEAR CREEK, LLC AZ-99-0 I 0 PAGE50F5 t<\ 0 ...." \'f\ U1 <P- et. ~ ~ ~ z ~ \"' ~ ~\ \- ~ ~ 0) ~a .... ~~f'I O'.~ 5 0%\ ~ Z.~ (l) '& tiO "0 (j) \.l.1uJ{ tU..g06 -Z~9 Of./)> I- . ~~.... u..a::% ouJ- <.\'$(t. ';;(9 G~???'g Z.- .z. t:. $ Zl _"0 ~~~ __ u.i ~ z~g~~~ O~ ct~'b:.rft)\.O 0 ~ 1f)l2. \f1\.OOO"'-P o,,,,'a>~\.O c ~% (!)~~~~~ 0 .g uJ <0 ;..l 0- (l) t5 ~ (j) If) 0 '1 ~ \ \-~ 0 0 ~. ~ 0 ~ w'C> 0 t-: .... ~"Z 0 .... .... c-i 0 (1) c<') c<') ..t ...Jw r- .... .... .J Z1 -'.3 ~5::i~"S'5 ':::i - '<t ...J u.1 {rg ;- ? \.0 'b ~ ;- (<) .... \0 ~ " C"1 "b> $ to- .... 0 ..... (j) " C"1 $ .... "Z }.. '1/11 /11..,,-0 11'4"39 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 Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 03- I {} g 3 , passed by the City Council of the City of Meridian, on the 50... day of ~4U..r /- ,2003, is a true and correct copy of the original of said document which is in the care, <<ustody and control of the City Clerk of the City of Meridian. \\,\\\\\~II~~IIJIJII ,\\\. "'" Of cRID.. 111// ...,\ :<.. ~1. // $' c} o~poR.<t 1; '1,- /~ S R ~o % STATE OF IDAHO, ) : ss. County of Ada, ) On this ~-tl-t day of Itl{~t{st , in the year 2003, before me, $hlA rpYl 8/"HA'Th , a Notary Public, appeared WILLIAM G. BERG, JR., known or 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. (SEAL) $GUiiQu o"ON S ".. ....$~~~---~*';~" i~rY~O 'l'~>'c..~. "c" ~. ~ \~. 11 J 1. -p ~ r I E3 !8 t I iii U 1 l : \lo \ , I m \ I '" ~ , !trm.;C' <!> <'A ..,', ~ /~o" .... Y' ....... ....- ~~~.,.,;,----.;n~.+ .t;o~.tJOF }.~. Gl'llImO'il J>hCt~f11Sfn< 'fh Notary Public for Idaho Commission Expires: 1- 2FS -05" Z:\Work\M\M.eridianlMeridian 15360M\Bear Creek\CertificationOfClerkOrd.doc CERTIFICA nON OF THE CITY CLERK OF THE CITY OF MERIDIAN BEAR CREEK, LLC AZ~99~O 10 fka KODIAK DEVELOPMENT PAGEIofl ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 08114/03 12:32 PM DEPUTY Michelle Turner RECORDED-REQUEST OF Meridian City AMOUNT .00 6 1111111111I11111111111111111111111111 10.3137115 CITY OF MERIDIAN ORDINANCE NO. 03- I C-I;J 4-- AN ORDINANCE FINDING THAT THE OWNER~ WESTPARK COMPANY, FOR CERTAIN REAL PROI)ERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY LOCATED WEST OF MERIDIAN ROAD, SOUTH OF OVERLAND ROAD, MERIDIAN, IDAHO~ AND THAT LIES WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN FROM R-4 (LOW DENSITY RESIDENTIAL DISTRICT) ZONING DISTRICT TO R-8 (MEDIUM DENSITY RESIDENTIAL DISTRICT) AS DEFINED UNDER MERIDIAN CITY CODE SECTION 11-7-2 D, REPEALING ALL ORDINANCES~ RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID REZONING DESIGNATION TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: 1. The owner of the following described property has made a written request for are-zone ofthe zoning classification for the subject Real Property herein described from R-4 (Low Density Residential) District to R-8 (M~'~~ium Density Residential) District as defined under Meridian City Code S 11-7-2 D; and A parcel of land being a portion of the NE 14 of Section 24, Township 3 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: BEAR CREEK NO.6 (R-8) RZ-03-006 / RE.ZONE ORDINANCE PAGE I OF4 Commencing at the southeast comer of the NE 14 (E '14 comer) of Section 24, Township 3 North, Range 1 West, B.M.; thence N 89027'07" W 137.29 feet along the south line of said NE '14 to a point on the centerline of the Kennedy Lateral, the REAL POINT OF BEGINNING of this description; Thence continuing N 89027'07" W 562.42 feet along said south line to a point on the easterly boundary of Bear Creek Subdivision No.3; Thence N 01040'43" E 225.88 feet along said easterly boundary to a point on the southerly boundary of Bear Creek Subdivision No.5; Along said southerly boundary; Thence N 49000'00" E 120.00 feet to a point; Thence S 41000'00" E 24.11 feet to a point; Thence N 49000'00" E 190.02 feet to a point on the centerline of the Kennedy Lateral; Leaving said southerly boundary, and along said centerline: Thence S 41008'23" E 261.86 feet to a point; Thence S 30037'30" E 139.10 feet to a point; Thence S 32017'30" E 117.64 feet to the REAL POINT OF BEGINNING of this description. Said parcel ofland contains 3.41 acres, more or less. 2. The City of Meridian Planning and Zoning Commission and City Council having given notice and conducted all public hearings in accordance with law and having issued its findings of fact and conclusions of law and Decision and Order granting the application for rezone and which BEAR CREEK NO.6 (R-8) RZ-03-006! RE-ZONE ORDINANCE PAGE20F4 conditions and requirements Applicant shall comply; and 3. The real property which is the subject ofthis ordinance is legally described in Section 1.1. on page 1 and 2 of this Ordinance. SECTION 2. That the above-described Property be, and the same is hereby re-zoned and designed (R-8) Medium Density Residential District. SECTION 3. That the City Engineer is hereby direct to alter all use and area maps as well as the official zoning maps depicting the City of Meridian land use zones in accordance with this ordinance. SECTION 4: All ordinm1ces, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 5. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 51't: day of ~5 f- ,2003. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 5-IJJ.. day of ~qus t- ,2003. (J .~~7 ) , . 1a In /"Ylj de tJe.erd.. -er-IJ {',pu hC;d. !t-e.ll>f.etd;- BEAR CREEK NO.6 (R-3) RZ-03-006 / RE-ZONE ORDINANCE PAGE30F4 'ittv~ft 1ft City Clerk %. "? ~0u ....os O! First Reading: g - 5"-03 '\, <:>"'1 'Sr 1Si . ~;f Adopted after first reading by sUS'MnqtaUlQftll€ ~~t~ as allowed pursuant to Idaho Code v III "'11\\\\ 50-902 Yes: ^ fJUIIIlII'l""lO: Second Reading: -- Third Reading: \\\11111111111// \\\\ U 1/1 "",-, Of MER!lJ/ IIIII ...' ..-t..... "fA "/ "" 6-"'\ noA'.-v 'l ~ (p~~~~ ~ 2 ~ 0 ~ - ~ - ~ = ~ Attest STATE OF IDAHO, ) County of Ada. ~ ss. -tamm~ de LJe er d On this ']-t/.-. day of it(,[~u\it: ,2003,1' before me, the undersigned, a Notary Public in and for sai State, personally appeared~ .D. COP~1Ug..and WILLIAM G. BERG, JR., known to me to blf,!he ='lk}d,fLtx,Clerk, respectively, of the CITY of Meridian, Idaho, and who executea1f{e wltE1n Ih"'sWi1ffi.'ett, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ,,1'"""'''. ~"''''ON SJl';.c, ~ .,--~~~~,.. .0- "..... ~....~. +$ Ii" /~O'tA.J?.J..,:.qp.",'9 "'''' I "'f \ " n I \ 13 f;! f I iii a " " SI tl \ , .. '9 \ I .. Q \ C I .. .. _n'.. J:>>__ ~ '~;' 0 Q" "Ill" u~. ...::. utn.....,<iI" 4- (> :?iA~~-...<'I . <&.'''~~OF ~.<> Z:\Work\M\r\Ilcridian\J\ilcridian 153tbU.L~~/'Crcck Sub No.6 RZ 03 006 PP 03 004lRZOrdinance.doc (SEAL) Sharm5/ni'fh NOTARY PUBLIC FOR IDAHO RESIDING AT: I)da C{)UA1~,)dati.a MY COMMISSION EXPIRES: 1-2616 BEAR CREEK NO.6 (R-8) RZ-03-006 / RE-ZONE ORDINANCE PAGE 4 OF 4 ~ ~ o"t\ N'r;f\O\"t\3\N.\i \d 3"O~ llf\~ S o u..Z OZ 'Z~ O~ o.ct:I '<n ffi :t:: ~ '(i! ~ Ii ~ s ~ t-N \0 '<t i;i~ o ~ gs Z ,99'9ZZ '3u~V .OV 0 \.ON --- <J:> ~6 .........Z \ \Z ~ 0 ~ ~ _ '$ ~u.I('t .~~-'5~ 0"/ ~OCfl :z."'" Z ~ tiO o t;€) ~ u.I ~ uJ. CO r ~~g ~~ t ~~~ 4. g 0 ~g Z ':f.. ~ ';r ~ ~ _Ul ~ \-.:; ~,&({)0g O() (0 ~ ~ g Cfl ~ 'Z ~ It. o Cfla ~~ \J(O <t 2l (.) i:<l (f) 0 cfJ ~ o \- ~ ~ Ul 'Z o \J1 0::. 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 Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 1.73-/034- , passed by the City Council of the City of Meridian, on the ,5tl day of :!!INS'.f ,2003, is a true and correct copy of the original of said document which is in the car , custody and control of the City Clerk ofthe City of Meridian. \\\\'\'O'lflll~f~~III"11 ,\ ~, Mf.:;:/::>' 11" ,,\ A "' '''0... '/ ...' \.'" "'-<J. /,.. f (j .cot'.P~ l'. '1-- % :::: .:s'- ~o ~ STATE OF IDAHO, ) : ss. County of Ada, ) On this ~tf.-t dayof.A U7fu~i , in the year 2003, before me, 8 Vwv_ Srvu:t?l ; a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk, respectively, 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) 'GSOWCQ(1 "<'ONSll<;'€> ~o ~~---~~v.r~o~ ",Q- '/O'fA.J? :>O~l> t; / ~ ..,- \~-r"\1. "'t.::l1 ""'- \ <II ai' t:I " I ~ It t1 , , n '0 \ , tl o \ I '" <II \ C,' Q <; _~'.. b,........, ~ /....,,.0 '" o u-. ":. UJ::UJ 4/"'- ~:,;.tV <>.~-r;,---'1O~.~ .<:1~.cOF ...... -Stla""" 2ncv2urSrru1:h Notary Public for Idaho . Commission Expires: J./ -28 -05' Z:\Work\M\MeridlUI1\Mcridian 15360M'Bear Creek Sub NO.6 RZ 03006 PP 03 004'CertifieationOfClerkRZOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERlDIAN RZ-03-006 PAGE 1 OF 1 ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 08114/03 12:32 PM DEPUTY Michelle Turner RECORDED-REQUEST OF Meridian CUy AMOUNT .00 16 11I11I11ff/111 "1111111111111111 " III 103137117 CITY OF MERIDIAN ORDINANCE NO. 03- IO.3!? AN ORDINANCE FINDING THAT, RON AND BECKY HANKS, SHERIDAN KOOYERS, MERIDIAN JOINT SCHOOL DISTRICT NO.2, PARAMOUNT, LLC, AND DWAINE AND SHARON WOLFE, THE OWNERS OF CERTAIN REAL PROPERTY GENERALLY LOCATED WITHIN THE SQUARE MILE OF CHINDEN ROAD, MERIDIAN ROAD, McMILLAN ROAD, AND LINDER ROAD, MERIDIAN, IDAHO, TO BE KNOWN AS PARAMOUNT SUBDIVISION AND WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; HAVE MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED MEDIUM DENSITY RESIDENTIAL DISTRICT (R-8), HIGH DENSITY RESIDENTIAL DISTRICT (R-40), LIMITED OFFICE DISTRICT (L-O), AND GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT (C-G); 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, TREASURER AND 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 owners of said Property, to-wit: ANNEXATION AND ZONING ORDINANCE (AZ-03-006) ~ 1 (The owners of record of the subject property are: Ron and Becky Hanks, 5120 N. Linder Road, Meridian, Idaho 83642 (Parcel No. s0425336040), Sheridan Kooyers, 5940 N. Linder Road, Meridian, Idaho 83642 (Parcel No. s0425233800 and Parcel No. s0425233875), Meridian Joint School District No.2, 911 N. Meridian Road, Meridian, Idaho (Parcel No. s0425325460), Paramount, LLC, 12426 W. Explorer Drive, Suite 220, Boise, Idaho 83713 (Parcel No. s0425110100, Parcel No. s0425120605, Parcel No. s0425141825, Parcel No. s0425141900, Parcel No. s0425233605, Parcel No. s0425233690, Parcel No. s0425233910, Parcel No. s0425325470, and Parcel No. s0425336080), and Dwaine and Sharon Wolfe, 4895 N. Meridian Road, Meridian, Idaho 83642, (Parcel No. s0425131750, Parcel No. s0425417200, and Parcel No. s0425427800). Applicant is Paramount, LLC, 12426 W. Explorer Drive, Suite 220, Boise, Idaho 83704) PARAMOUNT SUBDIVISION TOTAL ANNEXATION PARCEL DESCRIPTION A parcel ofland located in Section 25, 1. 4N., R. 1 W., B.M., Ada County, Idaho, more particularly described as follows: BEGINNING at the section corner common to Sections 25,26,35 and 36 of said T. 4N., R. 1 W.; Thence North 00025' 11" East, 1318.88 feet on the section line common to said Sections 25 and 26 to the South 1/161h section corner common to said Sections 25 and 26; Thence South 89025'33" East, 500.00 feet on the northerly boundary line of the SW '14 of the SW '14 of said Section 25; Thence North 00025'11" East, 212.00 feet; Thence North 89025'33" West, 500.00 feet to a point on the section line common to said Sections 25 and 26; Thence North 00025'11" East, 933.25 feet on said section line; Thence North 89044'07" East, 175.88 feet; Thence North 00013'37" West, 171.11 feet to a point on the east-west mid-section line of said Section 25; ANNEXATION AND ZONING ORDINANCE (AZ-03-006) - 2 Thence North 89027'08" West, 173.93 feet on said east-west mid-section line to a point on the section line common to said Sections 25 and 26; Thence North 00055'13" East, 1028.83 feet on said section line; Thence South 89024'37" East, 726.00 feet; Thence North 00055'13" East, 300.00 feet to a point on the southerly boundary line of the NW '14 of the NW Y4 of said Section 25; Thence South 89024'37" East, 1952.46 feet on said southerly boundary line and on the southerly boundary line of the NE ~ of the NW '14 of said Section 25, to a point on the north-south mid-section line of said Section 25; Thence North 00032'25" East, 702.92 feet on said north-south mid-section line; Thence South 86015'58" East, 367.17 feet; Thence North 00032'25" East, 645.38 feet to a point on the section line common to Sections 24 and 25 of said T. 4N., R. 1 W.; Thence South 89037'01" East, 110.02 feet on the section line common to said Sections 24 and 25; Thence South 00033'36" West, 467.23 feet to a point of curve; Thence 54.60 feet along the arc of a curve to the left, said curve having a radius of 70.00 feet, a central angle of 44041 '21" and a chord distance of 53.22 feet which bears South 21047'04" East; Thence South 44007'45" East, 202.07 feet to a point of curve; Thence 179.37 feet along the arc of a curve to the right, said curve having a radius of 230.00 feet, a central angle of 44041 '01" and a chord distance of 174.86 feet which bears South 21047' 15" East; Thence South 00033'16" West, 152.99 feet; Thence South 89036' 40" East, 701.97 feet to a point of curve; ANNEXA nON AND ZONING ORDINANCE (AZ-03-006) - 3 Thence 77.05 feet along the arc of a curve to the right, said curve having a radius of 95.00 feet, a central angle of 46028'07" and a chord distance of74.95 feet which bears North 51053'49" East; Thence South 89036' 40" East, 50.00 feet to a point of curve; Thence 77.05 feet along the arc of a curve to the right, said curve having a radius of 95.00 feet, a central angle of 46028'08" and a chord distance of74.95 feet which bears South 51001'09" East; Thence South 89036'40" East, 1096.96 feet to a point on the easterly section line of said Section 25; Thence South 00025'09" West, 213.80 feet on the easterly section line of said Section 25; Thence North 70023'09" West, 345.25 feet; Thence South 00024'33" West, 701.28 feet; Thence North 89034'44" West, 94.14 feet; Thence North 78026'30" West, 962.67 feet; Thence South 00002'30" East, 334.37 feet; Thence South 70041' 13" East, 239.28 feet; Thence South 00011 '32" West, 655.52 feet to a point on the east-west mid-section line of said Section 25; Thence South 89027'28" East, 1132.94 feet on said mid-section line to the East '14 section corner of said Section 25; Thence South 00023'20" West, 2640.13 feet on the easterly section line of said Section 25 to the southeast corner of said Section 25; Thence North 89027'26" West, 1340.92 feet on the section line common to Sections 25 and 36 of said T. 4N., R. lW., to the East 1/161h section corner common to said Sections 25 and 36; ANNEXATION AND ZONING ORDINANCE (AZ-03-006) - 4 Thence North 00027'49" East, 660.02 feet on the easterly boundary line of the S 'l'2 of the SW Y4 of the SE '14 of said Section 25 to the Northeast corner of the S 'l'2 of the SW '14 of the SE Y4 of said Section 25; Thence North 89027'28" West, 1340.10 feet on the northerly boundary line of said S 'l'2 to the northwest corner of said S Yz of the SW 14 of the SE Y4; Thence North 00032'05" East, 660.01 feet on the north-south mid-section line of said Section 25 to the Center-South 1/ 16th section corner of said Section 25; Thence North 89025'33" West, 2013.32 feet on the northerly boundary line of the SE '14 ofthe SW '14 and the SW '14 of the SW Y4 of said Section 25; Thence South 00026' 5 8" West, 1319.17 feet to a point on the section line common to said Sections 25 and 36; Thence North 89024'05" West, 670.46 feet on the section line common to said Sections 25 and 36 to the real point of beginning. Said parcel contains 397.11 acres more or less. PARAMOUNT SUBDIVISION R-8 ZONE PARCEL DESCRIPTION A parcel ofland located in Section 25, T. 4N., R. I W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the section corner common to Sections 25, 26, 35 and 36 of said T. 4N., R. 1 W.; Thence North 00025'11" East, 1318.88 feet on the section line common to said Sections 25 and 26 to the South 1I16th section corner common to said Sections 25 and 26; Thence South 89025'33" East, 500.00 feet on the northerly boundary line of the SW '14 of the SV[ Y4 of said Section 25 to the REAL POINT OF BEGINNING; Thence North 00025' 11" East, 212.00 feet; ANNEXATION AND ZONING ORDINANCE (AZ-03-006) - 5 Thence North 89025'33" West, 500.00 feet to a point on the section line common to said Sections 25 and 26; Thence North 00025' 11" East, 933.25 feet on said section line; Thence North 89044'07" East, 175.88 feet; Thence North 00013'37" West, 171.11 feet to a point on the east-west mid-section line of said Section 25; Thence South 89027'08" East, 913.84 feet on said east-west mid-section line; Thence North 44026'32" West, 503.97 feet; Thence North 00044' 03" East, 971.85 feet to a point on the souther! y boundary line of the NW '14 of the NW ~ of said Section 25; Thence South 89024'37" East, 1952.46 feet on said southerly boundary line and on the southerly boundary line of the NE 14 of the NW Y4 of said Section 25, to a point on the north-south mid-section line of said Section 25; Thence North 00032'25" East, 702.92 feet on said north-south mid-section line; Thence South 86015'58" East, 367.17 feet; Thence North 00032'25" East, 645.38 feet to a point on the section line common to Sections 24 and 25 of said T. 4N., R. I W.; Thence South 89037'01" East, 110.02 feet on the section line common to said Sections 24 and 25; Thence South 00033'36" West, 467.23 feet to a point of curve; Thence 54.60 feet along the arc of a curve to the left, said curve having a radius of 70.00 feet, a central angle of 44041 '21" and a chord distance of 53.22 feet which bears South 21047'04" East; Thence South 44007'45" East, 202.07 feet to a point of curve; ANNEXATION AND ZONING ORDINANCE (AZ-03-006) - 6 Thence 179.37 feet along the arc of a curve to the right, said curve having a radius of 230.00 feet, a central angle of 44041 '01" and a chord distance of 174.86 feet which bears South 21047'15" East; Thence South 00033'16" West, 152.99 feet; Thence South 89036'40') East, 701.97 feet to a point of curve; Thence 77.05 feet along the arc of a curve to the right, said curve having a radius of 95.00 feet, a central angel of 46028'07" and a chord distance of 74.95 feet which bears North 51053' 49" East; Thence South 89036' 40" East, 50.00 feet to a point of curve; Thence 77.05 feet along the arc of a curve to the right, said curve having a radius of 95.00 feet) a central angle of 46028)08" and a chord distance of74.95 feet which bears South 51007' 09" East; Thence South 89036)40" East) 1096.96 feet to a point on the easterly section line of said Section 25; Thence South 00025'09" West, 213.80 feet on the easterly section line of said Section 25; Thence North 70023'09" West, 345.25 feet; Thence South 00024)33" West, 701.28 feet; Thence North 89034'44)) West, 94.14 feet; Thence North 78026'30)' West, 962.67 feet; Thence South 00002'30)' East, 334.37 feet; Thence South 70041' 13)' East, 239.28 feet; Thence South 00011 '32" West, 655.52 feet to a point on the east-west mid-section line of said Section 25; Thence South 89027'28') East, 515.03 feet on said mid-section line; ANNEXATION AND ZONING ORDINANCE (AZ-03-006)-7 Thence South 00023'20" West, 637.69 feet; Thence South 05019' 18" East, 50.25 feet; Thence South 00023'20" West, 633.28 feet to a point on a curve; Thence 21.58 feet along the arc of a curve to the left, said curve having a radius of 250.00 feet, a central angle of 4056'43" and a chord distance of21.57 feet which bears South 68031 '27" West to a point of compound curve; Thence 895.49 feet along the arc of a curve to the left, said curve having a radius of 1306.62 feet, a central angle of 390 16'03" and a chord distance of 878.06 feet which bears South 46025'04" West to a point of compound curve; Thence 42.71 feet along the arc of a curve to the left, said curve having a radius of 250.00 feet, a central angle of 9047' 14" and a chord distance of 42.65 feet which bears South 21053'26" West; Thence North 89027'28" West, 1399.66 feet, a portion of this line is on the northerly boundary line ofthe S Y2 of the SW 1;4 of the SE '14 of said Section 25, to the northwest corner of said S Y2 ofthe SW '14 of the SE 1;4; Thence North 00032'05" East, 660.01 feet on the north-south mid-section line of said Section 25 to the Center-South 1/16th section corner of said Section 25; Thence North 89025'33" West, 2184.46 feet on the northerly bOlmdary line of the SE '14 ofthe SW '14, and the northerly boundary line ofthe SW '14 of the SW '14 of said Section 25 to the real point of beginning. Said parcel contains 303.53 acres more or less. PARAMOUNT SUBDIVISION 17.6 ACRE R-40 ZONE PARCEL DESCRIPTION A parcel ofland located in the East Y2 of the SE 14 of Section 25, T. 4N., R. 1 W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the East 1f4 section corner of Section 25 of said T. 4N., R. 1 W.; Thence South 00023'20" West, 1305.13 feet on the easterly section line of said Section 25 to the REAL POINT OF BEGINNING; ANNEXATION AND ZONING ORDINANCE (AZ-03-006) - 8 Thence continuing South 00023'20" West, 435.00 feet on said easterly section line; Thence North 89036'40" West, 897.58 feet; Thence South 00032'34" West, 897.58 feet to a point on the section line common to Sections 25 and 36 of said T. 4N., R. 1 W.; Thence North 89027'26" West, 440.92 feet on said section line common to Sections 25 and 36 to the East 1/16111 Section corner common to said Sections 25 and 36; Thence North 00027'49" East, 660.02 feet to the northeast corner of the South 'l2 of the SW Y4 of the SE '14 of said Section 25; Thence South 89027'28" East, 59.56 feet to a point on a curve; Thence 42.70 feet along the arc of a curve to the right, said curve having a radius of 250.00 feet, a central angle of 09047' 14" and a chord distance of 42.65 feet which bears North 21053 '26" East to a point of compound curve; Thence 895.49 feet along the arc of a curve to the right, said curve having a radius of 1306.62 feet, a central angle of 39016'03" and a chord distance of 878.06 feet which bears North 46025'04" East to a point of compound curve; Thence 106.19 feet along the arc of a curve to the right, said curve having a radius of 250.00 feet, a central angle of 24020' 14" and a chord distance of 105.39 feet which bears North 78013' 13" East; Thence South 89036'40" East, 529.90 feet to the real point of beginning. Said parcel contains 17.59 acres more or less. PARAMOUNT SUBDIVISION 18.4 ACRE L-O ZONE PARCEL DESCRIPTION A parcel ofland located in the NE l!4 of the SE l!4 of Section 25, T. 4N., R. 1 W., B.M., Ada County, Idaho, more particularly described as follows: BEGINNING at the East l!4 section corner of Section 25, of said T. 4N., R. 1 W.; Thence South 00023'20" West, 1305.13 feet on the easterly section line of said Section 25; ANNEXATION AND ZONING ORDINANCE (AZ-03-006) - 9 Thence North 89036' 40" West, 529.90 feet to a point of curve; Thence 84.61 feet along the arc of a curve to the left, said curve having a radius of 250.00 feet, a central angle of 19023'31" and a chord distance of 84.21 feet which bears South 80041 '34" West; Thence North 00023'20" East, 633.28 feet; Thence North 05019'18" West, 50.25 feet; Thence North 00023'20" East, 637.69 feet to a point on the east-west mid-section line of said Section 25; Thence South 89027'28" East, 617.91 feet on said east-west mid-section line to the real point of beginning. Said parcel contains 18.46 acres more or less. PARAMOUNT SUBDIVISION 18.6 ACRE L-O ZONE PARCEL DESCRIPTION A parcel of land located in the SW Y4 of the NW Y4 of Section 25, T. 4N., R. 1 W., RM., Ada County, Idaho, more particularly described as follows: Commencing at the section corner common to Sections 25, 26, 35 and 36 of said T. 4N., R. 1 W.; Thence North 00025' 11" East, 2637.72 feet on the section line common to said Sections 25 and 26 to the Y4 section corner common to said Sections 25 and 26, said point being the REAL POINT OF BEGINNING; Thence North 00055' 13" East, 1028.83 feet on the section line common to said Sections 25 and 26; Thence South 89024'37" East, 726.00 feet; Thence South 00039'04" West, 671.86 feet; Thence South 44026'32" East, 503.97 feet to a point on the east-west mid-section line of said Section 25; ANNEXATION AND ZONING ORDINANCE (AZ-03-006) - 10 Thence North 89027'08" West, 1087.77 feet on said east-west mid-section line to the real point of beginning. Said parcel contains 18.66 acres more or less. PARAMOUNT SUBDIVISION 20-ACRE ZONE C-G PARCEL DESCRIPTION A parcel of land located in the SW Y4 of the SW Y4 of Section 25, T. 4N., R. 1 W., B.M., Boise, Ada County, Idaho, more particularly described as follows: BEGINNING at the section corner common to Sections 25, 26, 35 and 36 of said 1. 4N., R. 1 W., said point being the intersection of North Linder Road and West McMillan Road; Thence North 00025'11" East, 1318.88 feet on the section line common to said Sections 25 and 26 to the northwest corner ofthe SW '14 of the SW 'l4 of said Section 25; Thence South 89025' 33" East, 671.14 feet on the northerly boundary line of said SW 'i4 of the SW '14; Thence South 00026'58" West, 1319.17 feet to a point on the section line common to said Sections 25 and 36; Thence North 89024'05" West, 670.46 feet on the section line common to said Sections 25 and 36 to the real point of beginning. Said parcel contains 20.31 acres. PARAMOUNT SUBDIVISION 18.5 ACRE C-G ZONE PARCEL DESCRIPTION A parcel ofland located in the SE 14 of the SE 1/4 of Section 25, T. 4N., R. 1 W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the East 'i4 section corner of Section 25 of said T. 4N., R. 1 W.; Thence South 00023'20" West, 1740.13 feet on the easterly section line of said Section 25 to the REAL POINT OF BEGINNING; Thence continuing South 00023 '20" West, 900.00 feet on said easterly section line to the southeast comer of said Section 25; ANNEXATION AND ZONING ORDINANCE (AZ-03-006) - 11 Thence North 89021'26" West, 900.00 feet on the section line common to Sections 25 and 36 of said T. 4N., R. 1 W.; Thence North 00032'34" East, 897.58 feet; Thence South 89036'40" East, 897.58 feet to the real point of beginning. Said parcel contains 18.55 acres more or less. 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 Medium Density Residential District (R-8), High Density Residential District (R-40), Limited Office District (L-O), and General Retail and Service Commercial (C-G). 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 that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the I f3f:!;:. day of J ~ ,2003, and that the uses are to be developed under the planned unit development process and conditional use permit process. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. ANNEXATION AND ZONING ORDINANCE (AZ-03-006) - 12 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 Clerk 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 the City of Meridian) including the lands herein annexed, with the following officials of the County of Ada) State ofIdaho, 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 ofIdaho, all in compliance with Idaho Code S63-2215 and S50-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this Iht ClUff- ,2003. U APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this I1vtU uS I::- , 2003. 5f"- - day of Sf-A - day of \ III rt/lct&vi- - Oft., CC)tvn~ \ II Iii/II ./ \\\ C Mr:- I'I ,....,.... _I 0\ CRt'" 11/ ,....' ~"\ <.../4 //...... ATTEST'. .::-' a O~POI:1A '1--...... ~ 0 ''''I~ ~ :::: ~ {) ~ - - - - = = JI~---:~~}~ ~~ -" v i' 0 J CITY CLERK -;<:'~9 -!!! 15\' ~-<:- ,..f First Reading: :3.- 5"-0 3 "'~>//ICOUi'-rr~( . ~........,.'" Adopted after first reading by yerislon ef th'e Ikule as allowed pursuant to Idaho Code 50- 902 Yes: No: Second Reading: Third Reading: ANNEXATION AND ZONING ORDINANCE (AZ-03-006) - 13 STATE OF IDAHO,) : ss. County of Ada ) On this 1-tL.. day of AU~Vl ~t ,2003, before me, the undersigned, a Notary Public in and for said State, personally appeared ~PBl\.,T...Jt:"ffl"M!~and WILLIAM G. BERG, JR., known to.m~ t~ bH~~a1~ Ci!i&lerk, respectively~ Of~het(:i'I'Y?~Merurian, Idaho, and who executed the wJtlun mstru~lff',~it8ick.1&v[ed~d to me that the CJty of Mend Ian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) galllIII ilQo .""ON SJI!. ~.. 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Z II) .." 0 S"it:: {,) d ::: ClIO ;~: .-- ~- z ~ lQglrnto ~ ~~ ~. .... 111 ~"1 ~LI1 ffl 0:: >n In/ ~ ~ "I '" :.:l~. ~ ~.'-.....~.~~~~~~ ~~~i'~--- ._,rw6zol 3.SI.5S.DO/~ :ktr6 3.11.S~,OO;;-L-- ,ra.alrl 3.II.S~.ODN .../~ S .99tSn 3.SI,SS.DON -.._-_. - _._-_....~c'r9~ 3.lIm:.OON.---'----,./ ONlll'l36 JO SI$V6 (~~ villi , , , I , , ~ i - , i I , , , ~ l.'t) ~ \ ~ ~ 'tL ~ z o Vi 5 a In =:J VI f- Z =:J o :::;: ..: ct: <l; a.. n. <l; :::;: z o F ..: x w z z ..: .\, <;;;r 'S:: ~ ~ J II. .. ~ ~g t! "'"' ~,,:1i I .~gfu ~!:!~ :g~ ~mm~ ~ ~ ~~ Jo4~ ...s~ t"I.) ~ ~ : 5~ ~ 5 ~~ bJ:l~ :::: ; 't: .~ Q;) ! Q) - ,S ~ bb~ ~~ Iii,. ~td 5B~ %~~ ~~"' ~lE~ 15~<> i!'l!I~ iSVl5 "615 ~"i!' ,.i5;E =::8" i5i5i:i ~~~ ,:;!"'... a~~ ~;~ 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 ofIdaho I, WILLIAM G. BERG, JR., City Clerk, ofthe City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 03-( 0 J 5' , passed by the City Council of the City of Meridian, on the 5f"!1 day of /Juqus c- ,2003, is a true and correct copy of the original of said document which is in the care, e'ustody and control of the City Clerk of the City of Meridian. STATE OF IDAHO, ) : ss. County of Ada, ) On this 1-1h day of A~~-t , in the year 20'03 , before me, c~hO toY/. cSmL-th , a Notary Public, appeared WILLIAM G. BERG, JR., known or 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. (SEAL) ..e'IPBS.r.r. 'G"ON S 4t ~<> -- 'Ji""+ .4f ;'/O-~A~<(~o 111 ' ~ - "'4'C)>. "'.t.... flV:) / ...... 'r" \~~. .. t \ ~ III I ~ R Ii! I I .. ... , , .. ~ \ I Q Q , I ./1> 6. &',~ br-1C/~'O<1l' -:. u.!Sl..t.... ., 'I> 4) ?:.t"';'---~...n ~. 'I> ../1>~.oOF v~. ma._l1 ghWltY/S(ru~h Notary Public for Idaho Commission Expires: if - 2.<6 -05 Z:\Work\M\Meridian\Meridian 15360M,paramounl Sub AZ 03 006 PP 03 004 alP 03 008'CertificationOiClerkOrd.doe CERTIFICATION OF THE CITY CLERK OF THE crTY OF MERIDIAN AZ-03-006 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN ,I' IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A FULL SERVICE BANK WITH A DRIVE- THROUGH AND A TEMPORARY BANK IN A C-G ZONE FOR D.L. EVANS BANK, LOCATED AT 2560 EAST FAIRVIEW AVENUE, MERIDIAN, IDAHO D.L. EVANS BANK, APPLICANT C/C 08/05/03 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-03-023 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on August 5, 2003 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning Department, and Billy Ray Strite, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to- wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 20 FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for August 5, 2003, 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 propeliy 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 the 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 August 5, 2003, public hearings; 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 forth in Idaho Code ~67-6509, 6512, and Meridian City Code ~9 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in a C-G zone and by reason of the provisions of the Meridian City Code 9 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at 2560 East Fairview Avenue, Meridian, Idaho, located FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 20 near the intersection of Fairview Avenue and Hickory Way, just east of the Louie's Restaurant site, Meridian, Idaho 83642. The following uses sUlTound the subject propeliy: North - Vacant land in Mallane Commercial Complex, zoned C-G and L-O; and Dove Meadows Subdivision, zoned L-O and R-8 South - Vacant land and Food Services of America, in Treasure Valley Business Center, zoned I-L. East - Louies Restaurant and vacant land in Mallane Commercial Complex, zoned C-G West - Vacant lot and Capital Christian Center, zoned L-O 5. The owner of record of the subject propeliy is M & L Limited Partnership, 2500 Fairview A venue, Meridian, Idaho 83642, and they have given their consent for the applicant to submit the requested conditional use permit. 6. Applicant is D.L. Evans Bank, P.O. Box 1188, Burley, Idaho 83318. 7. The subject property is currently zoned C-G (General Retail and Service Commercial). The zoning district ofC-G is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. The subject property was recently rezoned on 5/20/03 to C-G as part of the Mallane Commercial Complex, file number RZ-03-00 1. The property was platted at the same time as Mallane Subdivision, file number FP-03-001. The final plat for the property was approved by Council, but has not yet been recorded by the applicant. The D.L. Evans Bank is proposed to be on Lot 3, Block 1 of Mallane Subdivision. 8. The proposed application requests a conditional use permit for an ancillary drive- through for a full service bank facility and for a temporary bank facility in a C-G zone for D.L. Evans Bank. The C-G zoning designation is within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 20 those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section I t -8-1). 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as "Commercial". 10. The use proposed within the subject application will in fact, constitute a conditional use as detennined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision 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, and Maps and the Ordinance establishing the Impact Area Boundary. 12. 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 and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdi visions providing services to the subject real property within the plamling jurisdiction of the City of Meridian, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the P&Z Commission, as follows: 1. The final plat for the subdivision must be filed before the applicant can receive a certificate of occupancy for the temporary banking facility, and that no other buildings may be constructed in the subdivision until the final plat is recorded. (Per action of the City Council taken at their August 5, 2003 meeting.) 2. This conditional use permit shall be subject to the expiration provisions set forth in FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 20 MCC 11-17-4.B. The applicant has submitted a letter into the record, dated June 25, 2003, stating that they are aware that the lot is not yet recorded and are willing to take any risk associated with applying for a CUP before the plat is recorded. 3. A1l90-degree parking stalls shall be at least 9 feet wide and may be a minimum of 17 feet deep if abutting sidewalks at least 7 feet wide. All two-way drive aisles adjacent to parking shall be at least 25 feet wide. Minimum width of all one-way drive- through lanes is 10 feet. 4. AU parking and drive aisles shall be paved for all temporary and permanent llses, in compliance with the submitted plans. Handicap parking spaces shall be signed and striped in compliance with Federal accessibility guidelines. 5. The project shall maintain cross-access across the property, in conformance with the recorded cross-access agreement, instrument number 102056607. 6. The temporary bank facility shall be removed from the site within 18 months of approval ofthis Conditional Use Permit. All remaining site improvements, including landscaping, shall be installed within 3 months of receiving occupancy of the permanent building. Only temporary occupancy will be allowed until all required improvements are complete and inspected. A letter of credit or cash bond (110%) for all outstanding improvements must accompany any request for temporary occupancy of the permanent building. 7. Sanitary sewer and water service shall be fi'om main lines currently being installed on the propelty. 8. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordmlce with Ordinance 11-I3-4C. 9. All signage shall be in accordance with the standards set forth in Section 11-14 ofthe City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Signs shall conform to the character of sign submitted with the application, with a 13'-6" maximum overall height. 10. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 11. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off- street parking areas. Storm water treatment and disposal must be designed in FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 20 accordance with Department of Environmental Quality 1997 publication Catalog of St0l111 Water _Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 12. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the fom1 of a letter 0 f credit or cash in the amount 0 f 110% of the cost 0 fthe required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide a fire-flow per the Uniform Fire Code Appendix ill-A to service the project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. All intemal roads shall have a turning radius of28' inside and 48' outside. 3. All access roads leading into and within the project shall have a clear driving surface with a minimum width of 20' available at all times. UFC 902.2.2.1 C. Adopt the Recommendations of the Sanitary Services Company as follows: 1. Provide a minimum ten-foot opening inside the enclosure gate posts. D. Adopt the Recommendations of the Ada County Highway District as follows: 1. Fairview Avenue is not listed as a proposed project in the District's cunently adopted Five-Year Work Program or in the currently adopted 20-year Capital Improvements Plan for roadway improvements. As such, the applicant cannot receive reimbursement for dedicated right-of-way from available collected impact fees. The applicant shall do one of the following: a. Dedicate by donation an additional 10-feet ofright-of-way along Fairview Avenue, and construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located a minimum of 55-feet from the centerline of the right-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 20 b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located a minimum of 55-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Utilize the existing shared curb retum driveway located on Fairview Avenue approximately SOD-feet west of Hickory Way as proposed. 3. Utilize the existing shared curb retum driveway located on Hickory Way approximately 320-feet north of the edge of pavement ofFairview Avenue and in alignment with an existing driveway across the street as proposed. 4. Construct the right-in restricted driveway on Fairview Avenue located approximately 220-feet west of Hickory Way (measured near edge to near edge) as proposed. Sign the driveway accordingly. Curb retu111 type driveways with IS-foot radii will be required for driveways accessing collector and atierial roadways. However with the right-in restricted driveway the applicant shall coordinate the construction and curb radii with District staff. 5. Provide a $3,200 deposit to the Public Rights-of-Way Trust Fund for a share of the signal at Hickory Way and Fairview Avenue, prior to the issuance of any building permits on this site. (Should ACHD not approve Mallane Commercial Complex) 6. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 20 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged duri_ng the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. 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. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building pennit (or other required permits), which incorporates any required design changes. 7. 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. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility ofthe applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. 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. 11. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 20 the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use ofthe 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. 13. It is found that the subject property is large enough to accommodate the required open spaces, parking, landscaping and other features required by the ordinance. Several site modifications have been made to the landscaping and parking plans in order to be in compliance with the MCC, as detailed under site specific conditions. 14. The Comprehensive Plan Land Use Map designates the property as "Commercial" and it is zoned C-G. It is found that the requested use is in compliance with the approved Future Lane Use Map and that if approved as a CUP the project will be in compliance with the MCC. 15. It is found that the proposed development will not adversely change the existing or intended character of the general vicinity. 16. It is not anticipated that the proposed use will adversely affect adjacent prope11ies. 17. It is found that the proposed development can be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, and sewer. 18. It is found that the proposed bank use will not be detrimental to the economic welfare of the community, nor would it create then need for any new facilities or services to be paid for by the public. 19. It is found that no excessive traffic, smoke, fumes, glare or odors will result from the proposed use. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 20 20. It is found that the proposed use will not create significant interference with any traffic on the surrounding public streets. ACHD comments will provide additional detail on the Issue. 21. It is found that the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance by the issuance of this conditional use. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (LC. 967-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage ofthe "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 20 that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code S 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, ifit complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use wiII not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the General Retail and Service Commercial (C-G), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code S 11-17-5 City of Meridian Zoning and Development FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 20 Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code S 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 20 Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,2002, Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS 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 that: 1. That the above named applicant is granted a conditional use permit for an ancillary drive-through for a full service bank facility and for a temporary bank facility in a C-G zone for D.L. Evans Bank located at 2560 East Fairview Avenue, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the P&Z Commission, as follows: 1. The final plat for the subdivision must be filed before the applicant can receive a certificate of occupancy for the temporary banking facility, and that no other buildings may be constructed in the subdivision until the final plat is recorded. (Per action ofthe City Council taken at their August 5, 2003 meeting.) 2. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11-17 -4.B. The applicant has submitted a letter into the record, dated June 25, 2003, stating that they are aware that the lot is not yet recorded and are willing to take any risk associated with applying for a CUP before the plat is recorded. 3. All 90-degree parking stalls shall be at least 9 feet wide and may be a minimum of 17 feet deep if abutting sidewalks at least 7 feet wide. All two-way drive aisles adjacent to parking shall be at least 25 feet wide. Minimum width of all one-way drive- through lanes is 10 feet. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 20 4. All parking aud drive aisles shall be paved for all temporary and permanent uses, in compliance with the submitted plans. Handicap parking spaces shall be signed and striped in compliance with Federal accessibility guidelines. 5. The project shall maintain cross-access across the property, in conformance with the recorded cross-access agreement, instrument number 102056607. 6. The temporary bank facility shall be removed from the site within 18 months of approval of this Conditional Use Permit. All remaining site improvements, including landscaping, shall be installed within 3 months of receiving occupancy of the permanent building. Only temporary occupancy will be allowed until all required improvements are complete and inspected. A letter of credit or cash bond (110%) for all outstanding improvements must accompany any request for temporary occupancy of the permanent building. 7. Sanitaty sewer and water service shall be from main lines currently being installed on the property. 8. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 9. All signage shall be in accordance with the standards set forth in Section 11-14 ofthe City Zoning and Development Ordinance. All sigt1age is subject to design review and shall require separate pem1its. Signs shall conform to the character of sign submitted with the application, with a 13'-6" maximum overall height. 1 O. All construction and site improvements shall confonn to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 11. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off- street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stremn provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 20 12. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter 0 f credit or c ash in the amount 0 f110% 0 fthe cost 0 fthe required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. B. Adopt the Recommendations of the Meridian Fire Department as follows: L Provide a fire-flow per the Uniform Fire Code Appendix III-A to service the project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. All internal roads shall have a turning radius of28' inside and 48' outside. 3. All access roads leading into and within the project shall have a clear driving surface with a minimum width of20' available at all times. UFC 902.2.2.1 C. Adopt the Recommendations of the Sanitary Services Company as follows: 1. Provide a minimum ten-foot opening inside the enclosure gate posts. D. Adopt the Recommendations of the Ada County Highway District as follows: 1. Fairview Avenue is not listed as a proposed project in the District's currently adopted Five-Year Work Program or in the currently adopted 20-year Capital Improvements Plan for roadway improvements. As such, the applicant carmot receive reimbursement for dedicated right-of-way from available collected impact fees. The applicant shall do one of the following: a. Dedicate by donation an additional10-feet of right-of-way along Fairview Avenue, and construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located a minimum of 55-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located a minimum of 5 5- feet fi'om the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located at the back edge of the existing right-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 20 Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. _. 2. Utilize the existing shared curb return driveway located on Fairview Avenue approximately 500-feet west of Hickory Way as proposed. 3. Utilize the existing shared curb return driveway located on Hickory Way approximately 320-feet north of the edge of pavement ofFairview Avenue and in alignment with an existing driveway across the street as proposed. 4. Construct the right-in restricted driveway on Fairview A venue located approximately 220-feet west of Hickory Way (measured near edge to near edge) as proposed. Sign the driveway accordingly. Curb return type driveways with IS-foot radii will be required for driveways accessing collector and arterial roadways. However with the right-in restricted driveway the applicant shall coordinate the construction and curb radii with District staff. 5. Provide a $3,200 deposit to the Public Rights-of-Way Trust Fund for a share of the signal at Hickory Way and Fairview Avenue, priqr to the issuance of any building permits on this site. (Should ACHD not approve Mallane Commercial Complex) 6. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 20 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. 6. 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. 7. Construction, use and property development shall be in confomlance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the temlS 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. 11. 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 subj ect 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. 2. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use pennit. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 20 3. That the City Attorney draft an Order Granting Conditional Use Permit 111 accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as pern1itted in accordance with the conditions of approval, satisfy the requirements set fOlih in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 20 ( year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision conceming the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. A By action of the City Council at its regular meeting held on the ! 2 .-f_ day of /Jucpvcff ,2003. (/ ROLL CALL: COUNCILMAN KEITH BIRD VOTED ife;;t.- COUNCILWOMAN TAMMY deWEERD VOTED~ COUNCILWOMAN CHERIE Me CANDLESS VOTED~ VOTED~ COUNCILMAN WILLIAM L.M. NARY MAYOR ROllERT D. CORRIE (TIE BREAKER) DATED: g-/2--&3 VOTED - MOTION: APPROVED: )( DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 20 ~~ Mayor Robert D. Corrie Attest: \\\1111 II fllI/J/ \\\ r:: n.!l /111 ",\\ -{ Or p.riEf?IQ 11/1/ ", ,..-0 ~A . ~ ;- V' OO?>POR4l; 'V ~ ~.;ff ~O ~ ~ - ~ % SEAL - /(. &::: -;:. Q. ,,'1) .:::- ~"Y6 ~&r 15\ . .p .; Copy served upon Applicant, Planning ad'(h~&f\i.n,~.JJ,~p~~~i1t~ Public Works III .\1, \\' Depmiment and the City Attorney. ///1111111111\\\\\ \\\,11 ill! II iiI ,,\\ to /111 \,\ Of r'viE/::), 11/ ....',.... ~-{ 'lIfql. '>.../, ;' c} rDr\POR;;Jl; ~z.,. % .:::- .~v <..0" -::. ~" v-::. ~ Ql-'" 1r D d ~-13"'1J3 t)n.J.t4.1..1t..! at : ~ . "Y'G & g '"" 0(;. ",C!l 02 ~ "'6 sr r\ ' )ii:;" '1- "'1 v ,,;f-....~ ...... (\...., ':0' .~ Z:\Work\M\Mcl'idian\Mcridian 15360M\D.L. Evans Bank cUri',l)}::oMWfQ1fC{mo)-q;d:doc '1// ,.\\' II/Jlllll\\'\ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 20 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF ) D.L. EVANS BANK, FOR A CONDITIONAL USE ) PERMIT FOR A FULL SERVICE BANK WITH A ) DRIVE-THROUGH AND A TEMPORARY BANK IN ) A C-G ZONE FOR D.L. EVANS BANK, LOCATED ) AT 2560 EAST FAIRVIEW AVENUE, MERIDIAN, ) IDAHO ) ) ) C/C 08-05-03 CASE NO. CUP-03-023 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 5th day of August, 2003, for final action on conditional use pennit application and the Council having received and approving the recommendation of the Planning and Zoning Commission the Council takes the following action: 1. That the Applicant, D.L. Evans Bank, is granted a conditional use for an ancillary drive- through for a full service bank facility and for a tempormy bank facility in a C-G zone for D.L. Evans Bank, located at 2560 East Fairview Avenue, Meridian, Idaho. The requested conditional use is described in the legal and vicinity map which are on file in the Clerk's office located at Meridian City Hall, 33 East Idaho, Meridian, Idaho. 2. That the above named applicant is granted a conditional use pemlit for an ancillary drive- through for a full service bank facility and for a temporary bank facility in a C-G zone for D.L. Evans Bank, located at 2560 East Fairview Avenue, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the P&Z Commission, as follows: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - D.L. EVANS BANK FOR D.L. EVANS BANK (CUP-03-023) PAGE 1 OF 8 1. The final pia! for the subdivision must be filed before the applicant can receive a certificate of occupancy for the temporary banking facility, and that no other buildings may be constructed in the subdivision until the final plat is recorded. (Per action of the City Council taken at their August 5, 2003 meeting.) 2. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11-17-4.B. The applicant has submitted a letter into the record, dated June 25, 2003, stating that they are aware that the lot is not yet recorded and are willing to take any risk associated with applying for a CUP before the plat is recorded. 3. All 90-degree parking stalls shall be at least 9 feet wide and may be a minimum of 17 feet deep if abutting sidewalks at least 7 feet wide. All two-way drive aisles adjacent to parking shall be at least 25 feet wide. Minimum width of all one-way drive- through lanes is 10 feet. 4. All parking and drive aisles shall be paved for all temporary and permanent uses, in compliance with the submitted plans. Handicap parking spaces shall be signed and striped in compliance with Federal accessibility guidelines. 5. The project shall maintain cross-access across the property, in conformance with the recorded cross-access agreement, instrument number 102056607. 6. The temporary bank facility shall be removed from the site within 18 months of approval of this Conditional Use Permit. All remaining site improvements, including landscaping, shall be installed within 3 months of receiving occupancy of the permanent building. Only temporary occupancy will be allowed until all required improvements are complete and inspected. A letter of credit or cash bond (110%) for all outstanding improvements must accompany any request for temporary occupancy of the permanent building. 7. Sanitary sewer and water service shall be from main lines currently being installed on the property. 8. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 9. All signage shall be in accordance with the standards set forth in Section 11-14 ofthe City Zoning and Development Ordinance. All signage is subject to design review and ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - D.L. EVANS BANK FOR D.L EVANS BANK (CUP-03-023) PAGE 2 OF 8 shall require separate permits. Signs shall confonn to the character of sign submitted with the applIcation, with a 13'-6" maximum overall height. 10. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 11. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off- street parking areas. Stonn water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 pub lication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 12. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Celiificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the fom1 ofa letter 0 fcredit or cash in the amount 0 f 110% 0 fthe cost 0 fthe required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. B. Adopt the Recommendations of the Meridian Fire Depmiment as follows: 1. Provide a fire-flow per the Uniform Fire Code Appendix III-A to service the project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. All intemal roads shall have a tuming radius 0[28' inside and 48' outside. 3. All access roads leading into and within the project shall have a clear driving surface with a minimum width of20' available at all times. UFC 902.2.2.1 C. Adopt the Recommendations of the Sanitary Services Company as follows: 1. Provide a minimum ten-foot opening inside the enclosure gate posts. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - D.L. EVANS BANK FOR D.L. EVANS BANK (CUP-03-023) PAGE30F8 D. Adopt the Recommendations ofthe Ada County Highway District as follows: 1. Fairview Avenue is not listed as a proposed project in the District's currently adopted Five-Year Work Program or in the currently adopted 20-year Capital Improvements Plan for roadway improvements. As such, the applicant cannot receive reimbursement for dedicated right-of-way from available collected impact fees. The applicant shall do one of the following: a. Dedicate by donation an additionallO-feet of right-of-way along Fairview Avenue, and construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located a minimum of 55-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located a minimum of 55-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located at the back edge of the existing right-of-way. Accomplish all necessmy adjustments to properly accommodate existing drainage and utilities. 2. Utilize the existing shared curb return driveway located on Fairview Avenue approximately 500-feet west of Hickory Way as proposed. 3. Utilize the existing shared curb return driveway located on Hickory Way approximately 320-feet north of the edge of pavement of Fairview Avenue and in alignment with an existing driveway across the street as proposed. 4. Construct the right-in restricted driveway on Fairview Avenue located approximately nO-feet west of Hickory Way (measured near edge to near edge) as proposed. Sign the driveway accordingly. Curb return type driveways with 15-foot radii will be required for driveways accessing collector and arterial roadways. However with the right-in restricted driveway the applicant shall coordinate the construction and curb radii with District staff. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - D.L. EVANS BANK FOR D.L. EVANS BANK (CUP-03-023) PAGE 4 OF 8 5. Provide a $3,200 deposit to the Public Rights-of-Way Trust Fund for a share of the signal at Hickory Way and Fairview Avenue, prior to the issuance of any building pennits on this site. (Should ACHD not approve Mallane Commercial Complex) 6. Comply with all Standard Conditions of ApprovaL Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. 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. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building pennit (or other required pemlits), which incorporates any required design changes. 7. Construction, use and property development shall be in confonnance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance # 197, also known as Ada County Highway District Road Impact Fee Ordinance. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - D.L EVANS BANK FOR D.L. EVANS BANK (CUP-03-023) PAGE 5 OF 8 9. It is the respo-nsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the tenns 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. 11. 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. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use pemlit is not transferable without complying with the provisions of Meridian City Code S 11-17-8, a copy of which is attached to the pemlit. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as pennitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building pennits and ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - D.L. EVANS BANK FOR D.L. EVANS BANK (CUP-03-023) PAGE 6 OF 8 commence construction of p_ermanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatOlY takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - D.L. EVANS BANK FOR D.L. EVANS BANK (CUP-03-023) PAGE 7 OF 8 /0 t!:: By action of the City Council at its regular meeting held on the ~ day of !JU~ift-, 2003. - Fi-~ R!:folcoS;~= M\aDfonGJi~x of Meridian \\\' MIl::' Iff \'\'_1 of cf1!,'D,III/ " :\ ~ ''-1. // !' c} pore> . "V ..../~ 2" rP'i\ '''ir-::: ~ ~.:f 0 :::. - - ~ SEAl! ~ 7. <)- _ c-,..,. ..c>'.. I. .'-) - ,. -...;.,~ ' ..' i ~ ~"7...... vs, ....-<: ,/ .;:;; '"' ~ V I.;:) ",..",- ,__()~... ~ ....,,/ ~ ^ ----- <.)' .;,;':- //"If ~nU)\n''''( . '"...' Copy served upon Applicant, the Plannin~and:Z~niii!{bepartment, Public Wor~~m\)~H-i+tem ,\ Or .lVJFt::h /11 and City Attorney. ,,\''.....::~ ......IiD/... 1/..;. ....... ~ " - VI. <- $ CJ o,?\POFLq 1- . v ~ ~ _....0 ~o '"' ~~. ~ $.-!3.-()J~ ~ Attest: Bydl~~~(SL City Clerk Dated: Z:\Work\M\Meridian\Mcridian 15360M\D.1. Evans Bank CUP-03-023\CUPOrder.doc ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERlv1IT - D.L. EVANS BANK FOR D.L. EVANS BANK (CUP-03-023) PAGE 8 OF 8 BEFORE THE MERIDIAN CITY COUNCIL C/C 08-05-03 IN THE MATTER OF THE APPLICATION OF ) IDAHO BANKING COMPANY FOR A ) CONDITIONAL USE PERMIT FOR A BANK ) FACILITY WITH A DRIVE-THROUGH WINDOW ) IN A C-C ZONE FOR IDAHO BANKING COMPANY,) LOCATED AT 1875 SOUTH EAGLE ROAD, ) MERIDIAN, IDAHO ) ) ) CASE NO. CUP-03-025 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 5th day of August, 2003, for final action on conditional use pennit application and the Council having received and approving the recommendation of the Planning and Zoning Commission the Council takes the following action: 1. That the Applicant, Idaho Banking Company, is granted a conditional use for a bank facility with a drive-through window in a C-C zone for Idaho Banking Company, located at 1875 South Eagle Road, Meridian, Idaho. The requested conditional use is described in the legal and vicinity map which are on file in the Clerk's office located at Meridian City Hall, 33 East Idaho, Meridian, Idaho. 2. That the above named applicant is granted a conditional use permit for a bank facility with a drive-through window in a C-C zone for Idaho Banking Company, located at 1875 South Eagle Road, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. The final plat for Bonito Subdivision must be recorded prior to issuance of a ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - IDAHO BANKING COMPANY FOR IDAHO BANKING COMPANY (CUP-03-025) PAGE 1 OF 6 Certificate of Zoning Compliance (CZC) for the bank. 2. This conditional use permit shall be subject to the expiration provisions set forth in MCC ll-17-4.B. 3. Any Lot Line Adjustment, cross-access easement, or re-subdivision applications necessary to accommodate the subject site plan must be approved and/or submitted to the City prior to the issuance of a Certificate of Zoning Compliance for the site. 4. Staffis hereby granted administrative authority to approve minor modifications to the adopted Site Plan and west elevation prior to issuance of a building permit. However, no post-approval modifications are permitted to building materials, roof lines, traffic circulation patterns and all drive-through related elements of the Site Plan. 5. Sanitary sewer and water service shall be from existing service lines on the property. 6. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance ll-l3-4C. 7. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Signs shall conform to the character of sign submitted with the application, with a 13' -6" maximum overall height. 8. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 9. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off- street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Stonn Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - IDAHO BANKING COMPANY FOR IDAHO BANKING COMPANY (CUP-03-025) PAGE20F6 regarding Shallow Injection Wells. 10. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. B. Adopt the Recommendations of the Meridian Fire Department as follows: The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: 1. Provide a fire-flow per the Uniform Fire Code Appendix III-A to service the project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. All internal roads shall have a turning radius of28' inside and 48' outside. 3. All access roads within the project shall have a clear driving sutface with a minimum width of20' available at all times. UFC 902.2.2.1 C. Adopt the ReC0111inendations of Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. StOTInwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - IDAHO BANKING COMPANY FOR IDAHO BANKING COMPANY (CUP-03-025) PAGE 3 OF 6 D. Adopt the Recommendations of Ada County Highway District as follows: On January 16, 2002 the ACHD Commissioners acted on Bonito Subdivision eEl Dorado). The conditions and requirements also apply to MCUP-03-025. E. Adopt the Recommendations of Sanitary Service as follows: 1. The waste enclosure inside the gate post clearance needs to be a minimum of 10'. F. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. All laterals and waste ways must be protected. If all storm drainage is retained on- site there will be no impact on Nampa & Meridian Irrigation District. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code S 11-17-8, a copy of which is attached to the permit. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as pennitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - IDAHO BANKING COMPANY FOR IDAHO BANKING COMPANY (CUP-03-025) PAGE 4 OF 6 conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF RIGHT TO REGULA TORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Ilt. _ By action of the City Council at its regular meeting held on the I q ~ay of , 'M/jU J"t- , 2003. (/ ~l0.- -=[Obert D. Corrie, Mayor City of Meridian ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - IDAHO BANKING COMPANY FOR IDAHO BANKING COMPANY (CUP-03-025) PAGE 5 OF 6 By;cJI;dL~A4 ~ City Clerk r/ \ \ \ \ \ HI " 111// \\\\ <:: AA- /1/11 ,\\ -{ Or 1l.[J,>" I/t \ . (0'1 . .. , ....,..... ~ '-., ..'''#('-<1 . .-'/..... ...... a t\POO '... "I-v ~ $ 00 f1r1r-, ~ 2 ~ 00 ~ ~ ~ - - = SEAL = ~""P. 2? ~ -;;. ~ ,\O)o~ %"0 uSr 15\ ' ~.f ...... ;,y Ate' " ...... Co \\.1 " ""II/ UNT'<. "", Copy served upon Applicant, the Planning it~dt~~rtm}f))epartment, Public ~qrkf-t?J#ti'h'B~nt and City Attorney. -.::,,'\-{ 0 .. -: "[,t., I.~... ....... \."\ ~', VI. ",.. .:: () o?;PU~1 f. . v ~ ;.. :?::G <::'0 -::. Dated: ~'-19/tJ3 f '" ~ Attest: - ~ .- Z:\Work\M\Meridian\Meridian l5360M\Idaho Banking Company CUP-03-025\CUPOrder.doc ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - IDAHO BANKING COMPANY FOR IDAHO BANKING COMPANY (CUP-03-025) PAGE60F6 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 08/05/03 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A BANK ) FACILITY WITH A DRIVE- ) THROUGH WINDOW IN A C-C ) ZONE FOR IDAHO BANKING ) COMPANY, LOCATED AT 1875 ) SOUTH EAGLE ROAD, MERIDIAN, ) IDAHO ) ) IDAHO BANKING COMPANY, ) APPLICANT ) ) Case No. CUP-03-025 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on August 5, 2003 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning Department, and Cornel Larson, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to- wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF]6 FINDINGS OF FACT I. A notice of a public hearing on the conditional use pennit was published for two (2) consecutive weeks prior to the said public hearing scheduled for August 5,2003, 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 the 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 August 5, 2003, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the plalU1ing 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 forth in Idaho Code 967-6509, 6512, and Meridian City Code 99 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in a C-C zone and by reason of the provisions of the Meridian City Code 9 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at 1875 South Eagle Road, Meridian, Idaho, located near FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 16 the intersection of Overland Road and Eagle Road, approximately !hi of a mile south of the 1- 84/Eagle Road interchange, Meridian, Idaho 83642. The following uses surround the subject property: North - Future, undeveloped lot within Bonito Subdivision, zoned C-C South - Future, undeveloped lot within Bonito Subdivision, zoned C-C East - Silverstone Subdivision, zoned C-C West - Future, undeveloped lot within Bonito Subdivision, zoned C-C 5. The owner of record of the subject property is Kimball Properties Limited Partnership, 600 N. Steelhead Way, Suite 144, P.O. Box 8204, Boise, Idaho 83707-2204, and they have given their consent for the applicant, Larson Architects, to submit the requested conditional use permit. 6. Applicant is Idaho Banking Company, 6010 Fairview Avenue, P.O. Box 44639, Boise, Idaho. 7. The subject property is currently zoned C-C (Community Business). The zoning district ofC-C is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7 ~2. The EI Dorado final plat (recorded as Bonito) was approved by Council on March 11,2003, but has not yet been recorded by the subdivision developer, W.H. Moore Company. The Idaho Banking Company facility is proposed to be on Lot 6, Block 4 within Bonito Subdivision. The applicant's representative, Larson Architects, submitted a letter to the City (dated 6-4-03) stating they understand that the CUP 18-month validity remains in effect, even though the application is submitted prior to the plat being recorded. 8. The proposed application requests a conditional use permit for a bank facility with a drive-through window in a C-C zone for Idaho Banking Company. The C-C zoning FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 16 designation is within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as "Commercial". 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision 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, and Maps and the Ordinance establishing the Impact Area Boundary. 12. 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 and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. The final plat for Bonito Subdivision must be recorded prior to issuance of a Certificate of Zoning Compliance (CZC) for the bank. 2. This conditional use permit shall be subject to the expiration provisions set forth in FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 16 MCC 11~17-4.B. 3. Any Lot Line Adjustment, cross~access easement, or re~subdivision applications necessary to accommodate the subject site plan must be approved and/or submitted to the City prior to the issuance of a Certificate of Zoning Compliance for the site. 4. Staff is hereby granted administrative authority to a?prove minor modifications to the adopted Site Plan and west elevation prior to issuance of a building pennit. However, no post~approval modifications are pennitted to building materials, roof lines, traffic circulation patterns and all drive-through related elements of the Site Plan. 5. Sanitary sewer and water service shall be from existing service lines on the property. 6. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 7. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Signs shall confonn to the character of sign submitted with the application, with a 13' ~6" maximum overall height. 8. All construction and site improvements shall confonn to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 9. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557,10-1-91) for all off- street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approvaL The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 10. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the fonn of a letter of credit or cash in the amount of 110% of the cost of the required FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 16 improvements (including paving, striping, landscaping, and irrigation). A bid must accompanYa11Y request for temporary occupancy. B. Adopt the Recommendations of the Meridian Fire Department as follows: The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: 1. Provide a fire-flow per the Uniform Fire Code Appendix III-A to service the project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. All internal roads shall have a turning radius of28' inside and 48' outside. 3. All access roads within the project shall have a clear driving surface with a minimum width of20' available at all times. UFC 902.2.2.1 C. Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Envirorunental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stonnwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stonnwater management system that prevents groundwater and surface water degradation. D. Adopt the Recommendations of Ada County Highway District as follows: On January 16,2002 the ACHD Commissioners acted on Bonito Subdivision (El Dorado). The conditions and requirements also apply to MCUP-03-025. E. Adopt the Recommendations of Sanitary Service as follows: 1. The waste enclosure inside the gate post clearance needs to be a minimum of 10'. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 16 F. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. All laterals and waste ways must be protected. If all stonn drainage is retained on- site there will be no impact on Nampa & Meridian Irrigation District. 13. It is found that the subject property is large enough to accommodate the required open spaces, parking, landscaping and other features required by the ordinance. Several site modifications have been made to the landscaping and parking plans in order to be in compliance with the MCC, as detailed under site specific conditions. 14. The Comprehensive Plan Land Use Map designates the property as "Commercial" and it is zoned C-C. It is found that the requested use is in compliance with the approved Future Lane Use Map and that if approved as a CUP the project will be in compliance with the MCC. 15. It is found that the proposed development will not adversely change the existing or intended character of the general vicinity. 16. It is not anticipated that the proposed use will adversely affect adjacent properties. 17. It is found that the proposed development can be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, and sewer. 18. It is found that the proposed bank use will not be detrimental to the economic welfare of the community, nor would it create then need for any new facilities or services to be paid for by the public. 19. It is found that no excessive traffic, smoke, fumes) glare or odors will result from the proposed use. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 16 20. It is found that the proposed use will not create significant interference with any traffic on the surrounding public streets. ACHD/ITD comments will provide additional details on the issue. 2 I. It is found that the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance by the issuance of this conditional use. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.e. g67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establislunent of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67~6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles Xl and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions ofthe ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to detennine prior to granting the same FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 16 ( that the evidential showing supports the finding that the following standards are met and that the proposed development (Meridian City Code S 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character ofthe same area; d. That the proposed use, ifit complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Community Business (C-C), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code S 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 16 follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however) that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve) deny, or modify the recommendation of the Commission.)) 6. Following the public hearing and within 45 days after the conclusion ofthe public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance) and Idaho State law. (Meridian City Code 9 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 16 Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS 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 that: 1. That the above named applicant is granted a conditional use pennit for a bank facility with a drive-through window in a C-C zone for Idaho Banking Company located at 1875 South Eagle Road, Meridian, Idaho, subject to the following conditions ofuse and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. The final plat for Bonito Subdivision must be recorded prior to issuance of a Certificate of Zoning Compliance (CZC) for the bank. 2. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11-17-4.8. 3. Any Lot Line Adjustment, cross-access easement, or re-subdivision applications necessary to accommodate the subject site plan must be approved and/or submitted to the City prior to the issuance of a Certificate of Zoning Compliance for the site. 4. Staffis hereby granted administrative authority to approve minor modifications to the adopted Site Plan and west elevation prior to issuance of a building permit. However, no post -approval modifications are permitted to building materials, rooflines, traffic circulation patterns and all drive-through related elements of the Site Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 16 5. Sanitary sewer and water service shall be :from existing service lines on the property. 6. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13 -4C. 7. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Signs shall conform to the character of sign submitted with the application, with a 13'-6" maximum overall height. 8. All construction and site improvements shall confonn to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 9. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off- street parking areas. Stonn water treatment and disposal must be designed in accordance with Department ofEnviromnental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 10. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. B. Adopt the Recommendations of the Meridian Fire Department as follows: The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: 1. Provide a fire-flow per the Uniform Fire Code Appendix III-A to service the project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. All internal roads shall have a turning radius of28' inside and 48' outside. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 16 3. All access roads within the project shall have a clear driving surface with a minimum width of20' ayailable at all times. UFC 902.2.2.1 C. Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Enviromnental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stonnwater disposal and design a stonnwater management system that prevents groundwater and surface water degradation. D. Adopt the Recommendations of Ada County Highway District as follows: On January 16, 2002 the ACHD Commissioners acted on Bonito Subdivision (El Dorado). The conditions and requirements also apply to MCUP-03-025. E. Adopt the Recommendations of Sanitary Service as follows: 1. The waste enclosure inside the gate post clearance needs to be a minimum of 10'. F. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. All laterals and waste ways must be protected. If all stonn drainage is retained on-site there will be no impact on Nampa & Meridian Irrigation District. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Pennit FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 16 In accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF EIGHTEEN (IS) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the pennit holder must commence the use as pennitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval ofthe future phases shall be null and void. (MCC 11-17- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 16 4.B.) NOTICE OF RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. By action of the City Council at its regular meeting held on the I q/tL day of /J&~f0 ,2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED~ VOTED~ COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Me CANDLESS VOTED~L VOTED~eL COUNCILMAN WILLIAM L.M. NARY MAYOR ROB~RT D. CORRIE (TIE BREAKER) &- /9 O'~) DATED: . -...., .::J VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 16 MOTION: )( APPROVED:-P= DISAPPROVED: Attest: .~~ Ma,y,or Robert . Corne - . \ \ \ \ \ 111 ,t II111 I I \1" r-" 'r I{, ........,' _I 0,- L':._. ' '/;.. .;:..... ~"\ .....--....--.- - '- c} ~"'O--. .'" .~ ~ rO'(\'r rvl1:...... \-.. .-....~ f ~v '0 ~ ~ d~<<~ft;j \\\111 \11 t IUIII ,,""' r: ~r.(",~. ill;" ".... ~ Or h-i::_~~(j/'~~~ r." .........' ~ ..---....,."':~~ 'j',~~ ~~::, :$'- c} O?FO{Li ....~, ; ~~~ <~ ::: ~G f(":'--O -::. ~ "'" :::. &--19 --P3 ~ SEAL ~ By:dl4~PiJcr, 9- City Clerk Dated: Z:\Wol"k\M\Mcridian\Meridian I 5360M\ldaho Banking Company CUP.03-025\FfCIsCUP03.025.doc & 2 -- Qu '-?-i 0 ~ % '70 'Sr 1S1 . ..J!: ~ "/... ';df a ~0~ ............ ...... Ou ..f \v....' '/1;; NT \. 1\1' lIt '11' 11111111 nlll" FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 16 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR AN EDUCATIONAL FACILITY IN A 9,058 SQ. FT. TENANT SPACE IN AN EXISTING BUILDING IN AN L- o ZONE FOR UNIVERSITY OF PHOENIX, LOCATED AT 2950 EAST MAGIC VIEW DRIVE, MERIDIAN, IDAHO UNIVERSITY OF PHOENIX, APPLICANT C/C 08/05/03 ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-03-031 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on August 5, 2003 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning Department, and Jonathan Seel, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to- wit; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 16 FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for August 5, 2003, 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 the 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 August 5, 2003, public hearings; 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 forth in Idaho Code ~67-6509, 6512, and Meridian City Code ~~ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an L-Q zone and by reason of the provisions of the Meridian City Code ~ 11-17-4, a public hearing was required before the City Council on this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 16 4. The property is located at 2950 East Magic View Drive, Meridian, Idaho, located at the northwest corner ofS. Allen Street and Magic View, within the recently platted Mystery View Subdivision, Meridian, Idaho 83642. The following uses surround the subject property: North - Mountain West Bank (within same business park), zoned L-O, and Greenhill Estates Subdivision, zoned R-2 (Ada County) South - Multi-tenant office/medical building, zoned C-G East - Subway restaurant and vacant office lots, zoned L-O West - Single-family residential, zoned RUT (Ada County) 5. The owner of record of the subject property is Magic View Partners of Boise, [daho, and they have provided notarized consent for Larson Architects to submit the subject conditional use permit application. 6. Applicant is University of Phoenix, 46 B East Elwood Street, Ste. 160, Phoenix, AZ 85040. 7. The subject property is currently zoned L-O (Limited Office) and is subject to a recorded Development Agreement. The zoning district ofL-O is defined within the City of Meridian Zoning and Development Ordinance, Section] ]-7-2. The subject property is located in an L-O (Limit~d Office) zone. A Conditional Use Pennit was granted under the name "Magic View Office Complex" on 3-7-00 which allowed multiple buildings on a lot (for both five acre parcels on either side of Allen.) A Development Agreement (Instrument No. ] 00021869, dated 3-23-00) is also in effect for the property which restricts all uses on the original ten (10) acres approved under the CUP to professional office uses. Specifically, Section 4.1 on page 4 of the Development Agreement states: "The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at MCC 11-7-2, which are herein specified as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 16 Development of Limited Office." Staff required a CUP application for the proposed use due to their interpretation that an educational facility serving upwards of lOO students that operates until after 10:00 p.m. was not compatible with a typical "professional or limited office" use, nor what the public would anticipate to be standard office uses. A CUP application was also required as the use is not specifically listed in the Schedule of Use Control. The building, Lincoln Plaza, currently has professional office tenants and the exterior of the site, including all parking and landscaping, would not be modified under the application. The CUP application is required solely for the type of tenant and hours of operation. The existing lot improvements and building shell were approved through the Certificate of Zoning Compliance process on January 16, 2001. This entitlement allowed construction of a 30,352 sq. ft. single-story office building. The building currently is occupied by three (3) different tenants. 8. The proposed application requests a conditional use pennit for an educational facility in a 9,058 sq. ft. tenant space in an existing building in an L-Q zone for University of Phoenix. The L-Q zoning designation is within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as "Office". 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 16 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, and Maps and the Ordinance establishing the Impact Area Boundary. 12. 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 and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. The subject property shall cease instruction and any other activity open to the public at 1 0:00pm. The hours of operations shall be as follows: Office Hours: MOll-Fri 8:00 a.m. to 5:00 p.m. Closed Sat and Sun Class Hours: Mon-Fri 5:30 p.m. to 10:00 p.m. (Disperse by 10:30 p.m.) Sat 8:00 a.m. to 5:00 p.m. Sunday closed 2. All parking for the subject use shall be on Lot 3, Block 1, of Mystery View Subdivision. 3. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11- 13-4C. 4. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All new sigtlage is subject to design review and shall require separate pennits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 16 5. All construction and site improvements shall confonn to the requirements of the Americans with Disabilities Act.- 6. Any conditions added by the Planning & Zoning Commission or City Council pertaining to the parking shall be complied with prior to issuance of a Certificate of Occupancy. B. Adopt the Recommendations of the Ada County Highway District as follows: 1. On September 26,2001 the ACHD Commissioners acted on Mystery View Subdivision. The conditions and requirements also apply to CUP-03-031, including driveway locations, per their report dated June 20,2003. C. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: I. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. 2. The developer must comply with Idaho Code 31-3805. D. Adopt the Recommendations of the Meridian Fire Department as follows: 1. All access roads leading into and within the project shall have a clear driving surface with a minimum width of 20' available at all times. UFC 902.2.2.1 2. The project shall comply with the requirements of the Fire Code in effect at the time of the tenant improvement. 13. It is found that the subject property is large enough to accommodate the required use, as long as the university holds classes after normal office hours. All parking and landscaping are already constructed in accordance with city code. The Certificate of Zoning Compliance approving the Lincoln Plaza building shell showed 150 off-street parking stalls (76 required) - or approximately twice the required ratio, MCC 11-13~5.B does not call-out "university" as a specific use. High schools require 10 parking spaces for each classroom plus one (I) for each auditorium seat, and professional offices requires one (1) space for each 400 sq. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 16 ft. of gross floor area. MCC 11-13-5.R8, Other Uses, states: "For uses not listed in this Section, parking spaces shall be provided on the same basis as required for the most similar listed use or as detennined by the Commission." It is recommended that a combination of office and school uses, as well as, common sense would be determined in the required number of parking stalls. The "high school" calculation alone would require 70 stalls and the "office" calculation alone would require 23 stalls. Alternatively, if each of the seven (7) classrooms has an occupancy of 15 students and each classroom also has one instructor, that would be a total of 112 people in this facility at one time. [Note that the IS students is estimated from the seating shown on the floor plan and not a figure provided by the applicant.] Since no alternative transportation options serve the property and the majority of students will likely drive, off-street parking spaces should be made available for the maximum number of people anticipated at the facility during a peak hour. As long as classes are offered after normal close of business (which the application states), it is believed the site exceeds the required number of anticipated parking stalls. 14. The Comprehensive Plan Land Use Map designates the property as "Office". It is found that the proposed use is harmonious with the Comprehensive Plan. It is further found that the proposed use is in compliance with the MCC. 15. The design, construction and maintenance of the facility exist and are not anticipated to change if this use were approved. The operation of the facility would change in that the number of vehicle trips generated by the use would substantially increase during the normal after-business hours time period. The intended character of the subdivision to the north is FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 16 residential. Even though the lot to the west is existing residential, it is intended to become office uses. The Lincoln Plaza lot is approximately 230 feet and the building itself approximately 320 feet from the nearest residential lot in Greenhill Estates. The application states that the last class will end at 10:00 p.m. and the students would dispense by 10:30 p.m. 16. It is not anticipated that the proposed use, if strictly operated in accordance with the application and this permit, will have an adverse affect on the other property in the vicinity. 17" It is found that the proposed development will be served adequately by the essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, and sewer. 18. It is found that the proposed use will not create additional requirements at public cost for public facilities and service, and will not be detrimental to the economic welfare of the community. 19. It is not anticipated that the proposed use will be detrimental to any persons, property or the general welfare. 20. The site has one existing curb cut off of Magic View Drive and one off of S. Allen Street. These access points were approved by ACHD and the City of Meridian during the initial building permit process. It is found that the proposed use will not create interference with traffic on the surrounding public streets. 21. It is found that the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance by the issuance of this conditional use. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 16 CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (LC. 967-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required; provide for the process of special and/or conditional use pennits which a proposed use is otherwise prohibited by the tenns of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use pennit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code 9 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with FINDINGS OF PACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 16 other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures; refuse disposal, water; sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare ofthe community; g. That the proposed use will not involve activities or processes, materials; equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise; smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use pennit in the Limited Office (L-O), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code S 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Pennit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny; or modify the recommendation of the Commission.;; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 16 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code S 11 -1 7-6) 7. When the City Council approves a conditional use pennit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 16 DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS 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 that: 1. That the above named applicant is granted a conditional use permit for an educational facility in a 9,058 square foot tenant space in an existing building in an L-O zone for the University of Phoenix located at 2950 East Magic View Drive, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. The subject property shall cease instruction and any other activity open to the public at 10:00pm. The hours of operations shall be as follows: Office Hours: Mon-Fri 8:00 a.m. to 5:00 p.m. Closed Sat and Sun Class Hours: Mon-Fri 5:30 p.m. to 10:00 p.m. (Disperse by 10:30 p.m.) Sat 8:00 a.m. to 5:00 p.m. Sunday closed 2. All parking for the subject use shall be on Lot 3, Block 1, of Mystery View Subdivision. 3. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11- 13 -4C. 4. AU signage shall be in accordance with the standards set forth in Section 11-14 ofthe City Zoning and Development Ordinance. All new signage is subject to design review and shall require separate pennits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 5. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 16 6. Any conditions added by the Planning & Zoning Commission or City Council pertaining to the parking shall be complied with prior to issuance of a Certificate of Occupancy. E. Adopt the Recommendations of the Ada County Highway District as follows: 1. On September 26,2001 the ACHD Commissioners acted on Mystery View Subdivision. The conditions and requirements also apply to CUP-03-031, including driveway locations, per their report dated June 20,2003. F. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. 2. The developer must comply with Idaho Code 31-3805. D. Adopt the Recommendations of the Meridian Fire Department as follows: 1. All access roads leading into and within the project shall have a clear driving surface with a minimum width of 20' available at all times. UFC 902.2.2.1 2. The project shall comply with the requirements ofthe Fire Code in effect at the time ofthe tenant improvement. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 16 eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of pennanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 16 for Judicial Review may be filed. By action ofthe City Council at its regular meeting held on the I q/~ day of /kjUS I- ,2003 ROLL CALL: COUNCILMAN KEITH BIRD VOTED~ COUNCILWOMAN TAMMY deWEERD VOTED~ VOTED~ COUNCILWOMAN CHERIE Me CANDLESS COUNCILMAN WILLIAM L.M. NARY VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: ;J-19-03 VOTED~ MOTION: \/ APPROVED:-A- DISAPPROVED; Attest: ---~~-"-- Mayor Robert D. Corrie ,lllllL'III/ItII \\1 ~ III "\\\_1 Of i..nEF(ID 1/111 .....,.... ~" <:':<:} /"/ ,," c} ?POR. --." ',It- // ~ 00 <1J~, ~ f ~ 0 '\ < - - - - William G. Berg, Jr., City er ~ 2 Q ,00':::- ~"'P<) U&r 1Si . ~.{ ~ ~ b. " ~"(^ ,0'",' ,..,.. '-~OU ...{ ~" "I/ NT l' \\" II{ ,1\ 1/11111111111\' FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 16 Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. ByJf$&~k~ ~. City Clerk Dated: tJ"-2tJ- tJ3 Z:\Wol'k\M\Meridian\Meridian 15360MlUnivcrsity of Phocnix CUP-03-031\ffClsCUP03-031.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 16 \\\\\\1111'11/1/ \\\\c; M!:c 1,,/ ....\\ --t Or c.RI/.) //1" ,............ ~ '4. 'i..... $' CJ O?POR-'17; '/V ~ :::- _,,0 (:;0 .:;:. ~ ~ ~ - ~ - - - - - ;;: SEAL - 6'- .. ,Qi 0 :::: ~ "Y'A uSr 15\ . ~.? " VA t>.. " ....'/ . 1 ~~. " """/IIOOUNTi ' '\ \\\\" /1/1/11111111\\\\\\\\ BEFORE THE MERIDIAN CITY COUNCIL C/C 08-05-03 IN THE MATTER OF THE APPLICATION OF ) UNIVERSITY OF PHOENIX, FOR A CONDITIONAL) PERMIT FORAN EDUCATIONAL FACILITY IN A ) 9,058 SQ. FT. TENANT SPACE IN AN EXISTING ) BUILDING IN AN L-O ZONE FOR THE ) UNIVERSITY OF PHOENIX, LOCATED AT 2950 ) EAST MAGIC VIEW DRIVE, MERIDIAN, IDAHO ) ) ) CASE NO. CUP-03-031 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 5th day of August, 2003, for final action on conditional use permit application and the Council having received and approving the recommendation of the Planning and Zoning Commission the Council takes the following action: I. That the Applicant, University of Phoenix, is granted a conditional use for an educational facility in a 9,058 sq. ft. tenant space in an existing building in an L-Q zone for the University of Phoenix, located at 2950 East Magic View Drive, Meridian, Idaho. The requested conditional use is described in the legal and vicinity map which are on file in the Clerk's office located at Meridian City Hall, 33 East Idaho, Meridian, Idaho. 2. That the above named applicant is granted a conditional use permit for an educational facility in a 9,058 sq. ft. tenant space in an existing building in an L-O zone for the University of Phoenix, located at 2950 East Magic View Drive, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - D.L. EVANS BANK FOR D.L. EVANS BANK (CUP-03-023) PAGE 1 OF 5 1. The subject propertx.shall cease instruction and any other activity open to the public at 10:00pm. The hours of operations shall be as follows: Office Hours: Mon-Fri 8:00 a.m. to 5:00 p.m. Closed Sat and Sun Class Hours: Mon-Fri 5:30 p.m. to 10:00 p.m. (Disperse by 10:30 p.m.) Sat 8:00 a.m. to 5:00 p.m. Sunday closed 2. All parking for the subject use shall be on Lot 3, Block 1, of Mystery View Subdivision. 3. All exterior lighting) whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11- 13-4C. 4. All signage shall be in accordance with the standards set forth in Section 11-14 ofthe City Zoning and Development Ordinance. All new signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 5. All construction and site improvements shall confonn to the requirements of the Americans with Disabilities Act. 6. Any conditions added by the Planning & Zoning Commission or City Council pertaining to the parking shall be complied with prior to issuance of a Certificate of Occupancy. B. Adopt the Recommendations of the Ada County Highway District as follows: 1. On September 26, 2001 the ACHD Commissioners acted on Mystery View Subdivision. The conditions and requirements also apply to CUP-03-031) including driveway locations, per their report dated June 20,2003. C. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: I. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. 2. The developer must comply with Idaho Code 31-3805. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - D.L. EVANS BANK FOR D.L. EVANS BANK (CUP-03-023) PAGE 2 OF 5 D. Adopt the Recommendations of the Meridian Fire Department as follows: 1. All access roads leading into and within the project shall have a clear driving surface with a minimum width of20' available at all times. UFC 902.2.2.1 2. The project shall comply with the requirements of the Fire Code in effect at the time of the tenant improvement. . 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Pennit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code S 11-17-8, a copy of which is attached to the permit. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the pennit holder must commence the use as permitted in accordance with the conditions of approval, satisfY the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - D.L. EVANS BANK FOR D.L. EVANS BANK (CUP-03-023) PAGE 3 OF 5 project. For projects requiri~g platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. Ifthe successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF RIGHT TO REGULA TORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. /Ju By action of the City Council at its regular meeting held on the (I?!j.day of j<<J/- ,2003. ~ ~.-:=- r1<!-~~~-,_.~~ Robert D. Corrie, MayRt, t;:;i tN ,qf, Meridian \\\\ III Attest: "\\_1 Of MEF(I.^llllr ....'\\ ~ '\ VI..? 1/-;.- ~.... a ~POR .'1-- ~ ~ c,o ;.q~ s ~ ~ 0 ';::. - ~ . ~ - - - - - - - - =- = & ~ .. - Ou ,\C!5 0 .;:;- ~ '0 'Sr 1S\ . ~.{ ":-" ':.1 r> 'tf- ,...~ """"/1 COUNT'! . '\ ",\\\ 111/ \\\' ORDER OF CONDITIONAL APPROVAL OF //11111111\\\ CONDITIONAL USE PERMIT - D.L. EVANS BANK FOR D.L. EVANS BANK (CUP-03-023) PAGE40F5 Copy served upon Applicant, the Planning and Zoning Department, Public Work~,~enartment IIIII T'jJ[IIII/ and City Attorney. \,,\\~~ Of MeR!';"II'1 " ~ '\ c/", "" IL 11 f' c} <p{l.POR/j ?;J"f<"// <\, Bydl/ia-'~ry. Y:'=- Dated $-/9-03 f ~ 6 \ CIty Clerk _ S i~ L :: 7~ c? g ~...., Qu ,,OJ 0:: -;. '0 'S, lS\ . .(..$ Z:\Work\M\Mcridian\Mcridian 1 5360MlUnivcrsity of Phocnix CUP-03-031\CUPOrdcr.doc ~I ~ a .....\" ,.::: '...... 0 '\;v ,,-.. /111 UNT'l, \,,\ /10 IIII Ill/nllll1\\ ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - D.L. EVANS BANK FOR D.L. EVANS BANK (CUP-03-023) PAGE 5 OF 5 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR REZONE OF .165 ACRES FOR SCHROEDER APARTMENTS FROM R-4 TO O-T, LOCATED AT 921 WEST 2ND STREET, MERIDIAN, IDAHO H. JOHN COOK, Applicant. C/C 08-05-03 ) ) ) ) ) ) ) ) ) ) Case No: RZ-03-007 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR REZONE The above entitled matter on the rezoning application of .165 acres having come on for public hearing 011 August 5, 2003, at the hour of7:00 o'clock p.m., and Council having received the report of Brad Hawkins-Clark Planner III for the Planning and Zoning Depatiment, and Anna Powell Planning Director for the Planning and Zoning Department, Jolm Cook, and John Schroeder, appeared and testified, and the Council having received the record of this matter made before the Planning and Zoning Commission, and having received their Recommendation to the City Council, 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, Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .165 ACRES FROM R-4 TO O-T BY: H. JOHN COOK FOR SCHROEDER APARTMENTS -I (RZ-03-007) PAGE I OF 19 FINDINGS OF FACT 1. The notice of public hearing on the application for rezoning was published for two (2) consecutive weeks prior to said public hearing scheduled for August 5, 2003, 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 (3001) 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 properiy 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 mmouncements; and the matter having been duly considered by the City Council at the August 5, 2003, public heat'ing; 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 compliatlCe with all notice and hearing requirements set forth in Idaho Code 9967-6509 and 67-6511, and Meridian City Code 9911-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Meridian City Code Title 11 and Title 12, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately .165 acres in size and is at 921 West 2nd Street, Meridian, Idaho, and said legal description is on file with the Clerk's office at Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .165 ACRES .FROM R-4 TO O-T BY: H. JOHN COOK FOR SCHROEDER APARTMENTS -I (RZ-03-007) PAGE 2 OF 19 ( City Hall, 33 East Idaho, Meridian, Idaho. The legal description submitted with the application is accurate and meets the requirements of the City of Meridian and State Tax Commission. 5. The owner of record of the subject prope11y is John T. Schroeder and Margaret M. Lezamiz, 3786 S. Suntree, Boise, Idaho 83706. 6. The Applicant is H. Jolm Cook, and the current owners of the subject property have consented to the application filed by the applicant. 7. The propeIiy is presently zoned as R -4, and consists of a single family residence which is a run-down older home. The existing structure will be removed and replaced with parking, drainage, landscaping, sprinkler system, lighting, and the four-unit apat1ment building. The subject property is currently zoned R-4, which does not allow apartment buildings. Therefore, the applicant is also requesting rezone of the property to O-T (Old Town), which requires approval of a conditional use permit for apartments. 8. The Applicant requests the property be rezoned to 0- T. 9. The proposed site is bordered to the north by Meridian Elementary School, zoned R-4, the south by multi-family residential, zoned R-4, and to the east and west by single- family residential, zoned R-4. 10. The subject property is within the Area ofImpact of the City of Meridian. 11. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 12. The Applicant proposes to develop the subject property in the following maimer: a four-unit two story apartment complex with four single garages and four open parking spaces. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .165 ACRES FROM R-4 TO O-T BY: H. JOHN COOK FOR SCHROEDER APARTMENTS - / (RZ-03-007) PAGE 3 OF 19 13. The Applicant's requested rezoning of the subject real propeIiy as O-T is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Old Town. 14. There are no significant or scenic features of major importance that affect the consideration of this application. 15. In review ofthe application for rezone it is provided at Meridian City Code S 11-15-11 for the General Standards that the Commission and Council review this proposed zoning amendment and pursuat1t to the criteria of said section finds that: 15.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan; 15.2 The area included in the zoning amendment is not intended to be rezoned in the future; 15.3 The proposed use will be designed, constructed, operated and maintained to be harmollious and appropriate in appeat'ance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area, subject to the conditions ofthe conditional use process; 15.4 The proposed use will not be hazardous or disturbing to existing or future neighboring uses, subject to the conditions ofthe conditional use process; 15.5 The area will be served adequ~tely by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishn1ent of proposed zoning amendment shall be able to provide adequately any of such services; 15.6 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 15.7 The use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .165 ACRES FROM R-4 TO O-T BY: H. JOHN COOK FOR SCHROEDER APARTMENTS -I (RZ-03-007) PAGE 4 OF 19 property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 15.8 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surroundillg public streets; 15.9 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and l5.10 The proposed zoning will be in the best interest of the City of Meridian. 15.2 Staff conditions provide as follows: A. Adopt the Recommendations of the Planning and ZOl1illg at1d Engineering staff as follows: 1. The applicant shall maximize the nwnber of trees on the site, as determined by P &Z staff, and increase the minimum caliper size from 2" to 2 W' to mitigate for trees recently removed from the site to accommodate the proposed project. 2. All construction shall conform to the requirements of the Americans with Disabilities Act. B. Adopt the Recommendations of the Ada County Highway District as follows: Site Specific Conditions of Approval 1. Construct rolled curb, gutter, 5-foot wide concrete sidewalk and match paving on West 2nd Street abutting the parcel. The applicant is proposing to construct curb, gutter and sidewalk improvements from the frontage of the project to the centerline of West 2nd Street abutting the school site. Improvements shall be constructed to one-half of a 36-foot street section. 2. In accordance with District policy the applicat1t shall ellter into a license agreement with the District for the additional pavement and landscaping planter within the right-of-way on West 2nd Street; the agreement shall encompass right- of-way approximately 22-feet in width and approximately 60-feet in length. An agreement must be approved prior to issuance of a building permit (or other required permits), whichever occurs first. Please contact the Right-of-Way Division at 387-3271 for guidelines. 3. As proposed on the site plan submitted with the application, the applicant shall provide a turnaround easement over the parking area for the apartment complex FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .165 ACRES FROM R-4 TO O-T BY: H. JOHN COOK FOR SCHROEDER APARTMENTS - / (RZ-03-007) PAGE 5 OF ]9 located to the south of the development site on West 2nd Street. The applicant shall provide the District with a recorded easement for the turnaround prior to issuance of a building permit (or other required permits), whichever occurs first. 4. Should the proposed landscape plallter located at the terminus of West 2nd Street abutting the school site encroach into the right-of-way the applicant shall provide the District a license agreement for the pOliion of the encroachment. 5. Pave the entire width of the alley to the nearest street and abutting the parcel. 6. Reconstruct the alley intersection with Pine Avenue; the back-of-curb radius may be less than I5-feet when it is impractical to remove the existing obstructions. Work with District staff for the radius. 7. Parking which is entered from the alley shall be designed so the minimum clear distance from the back of the pat'king stall to the opposite side of the alley is 22- feet for perpendicular parking. Parking in the alley is not allowed and shall be signed accordingly. 8. Provide a turnaround at the terminus of the alley with a recorded easement over the parking area to the District. The applicant shall provide the District with a recorded easement for the turnaround prior to issuance of a building permit (or other required permits), whichever occurs first. 9. Pave all driveway's and parking stalls that take access to West 2nd Street or the alley. Driveways and parking stalls shall be paved their full width as proposed on the submitted site plat1 and at least 30-feet illto the site beyond the edge of pavement of West 2nd Street or the alley. 10. Comply with all Standard Conditions of Approval in the District's June 25, 2003 report. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Commercial occupat1cies will require a fire-flow consistent with the Unifoill1 Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apmt. 1997 UFC Appendix III-A An additional Fire Hydrant will be required to be installed at West Second and Pine. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Depmtmellt. The proposed fire hydrar1t locations will be submitted to the Public Works for plat1 review. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .165 ACRES FROM R-4 TO O-T BY: H. JOHN COOK FOR SCHROEDER APARTMENTS - / (RZ-03-007) PAGE 6 OF 19 4. Operational fire hydrants and temporary or permanent street signs are required before combustible constmction begins. UFC 901.4.2 & 901.3 5. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a tum around. Approved as submitted. 6. Dumpster must be located 5' fi.'om any combustible constmction. D. Adopt the Recommendations of the Water Department as follows: 1. The water service line to this property will need upgraded. E. Adopt the Recommendations of Central District Health Department as follows; 1. This proposal catl be approved for celltral sewage & central water after written approval from appropriate entities is submitted. 2. The applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Any existing septic system(s) must be properly abandoned. F. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows: 1. All laterals and waste ways must be protected. If all storm drainage is retained on~site there will be no impact on Nampa & Meridian Irrigation District and no fmiher review will be required. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 2. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. G. Adopt the Recommendations of Sanitary Service Company as follows: 1. Waste services for Schroeder Apartments are to be provided on 2nd Street with an enclosure large enough to accommodate 6 to 8 95 gallon Cat.ts, or as otherwise approved by SSC. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .165 ACRES FROM R-4 TO O-T BY: H. JOHN COOK FOR SCHROEDER APARTMENTS - / (RZ-03-007) PAGE 7 OF 19 H. Adopt the action of the City Council taken at their August 5, 2003 meeting as follows: The items below are for clarification: 1. The applicant stated at the August 5, 2003 meeting that he will be putting sidewalks alld gutter in front of both the apartment complexes, as well as the neighbor's property to the south. This will extend the sidewalk and gutter all the way to Pine Street. 2. The applicant shall be providing two trash enclosures so that each four-plex shall have its own trash enclosure. Sanitary Service shall need to approve the trash enclosure locations. 3. The applicant shall also be paving the alley all the way to Pine Street. This will be from the elementary school propeIiy to Pille Street. 4. The applicant shall be extending the sidewalk to the end of West 2nd Street. 5. The applicant shall also be putting in a new curb cut with disability access on the Pine Street sidewalk, this will make the ingress and egress much easier for people coming in and out of that area. 6. The applicant also addressed the issue about the window treatment for the ends of the apartment buildings, and that if windows were required to be put in at these locations there would be no head wall for a bedroom layout. 16. It is found that the requested zoning designation of 0- T is harmonious with and in accordance with the effective Comprehensive Plan (02') alld Future Land Use Map which designates the subject property as "Old Town". The text of the Comprehensive Plan (page 99) supports a variety of residential uses in the 0- T zone. Action 3, Objective C on page 102 states to "designate Old Town as a priority high-density area". 17. It is not anticipated that the applicant intends to rezone the subject propeIiy again in the future, and the proposed re-zone and accompanyillg development plans comply with the requested zone. 18. It is found that the applicant has submitted detailed development plans for a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .165 ACRES FROM R-4 TO O-T BY: H. JOHN COOK FOR SCHROEDER APARTMENTS -I (RZ-03-007) PAGE 8 OF 19 Conditional Use Permit for the property. It is further found that the proposed 4-plex apartment use will only be allowed with the approval ofa Conditional Use Permit in the proposed O-T zone. 19. It is found that the recent adoption of the City's new Comprehensive Plan has provided the applicant with the ability to request the 0- T zone for the subject property. The lot to the south also has an existing 4-unit apmiment building on it. 20. It is found that the proposed development is designed in a maimer that will be harmonious with at1d appropriate in appearance with the existing neighborhood and intended chmacter of the area. The existing building(s) will be removed from the site. 21. It is found that the requested rezone should not be disturbing to existing or future neighboring uses. Through the comp plan process, the City determined that compact, infill development was an appropriate use for the area. Any future use of the property that will have a significant impact on the properties will require conditional use approval, and adjoining property owners will have an opportunity to comment. It is anticipated that the proposed apartment use will not be hazmdous or disturbing to the neighboring uses. 22. It is found that the proposed uses can be served adequately by all essential public services and facilities. Drainage will need to be retained on site. 23. It is found that the requested uses will not create excessive additional requirements at public costs for public facilities and services. Additionally, it is found that the proposed rezone will not be detrimental to the community's economic welfare. 24. It is found that the proposed O-T zoning designation of the property does not inherently allow uses that will generate activities, processes, materials, equipment, and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .165 ACRES FROM R-4 TO O-T BY: H. JOHN COOK FOR SCHROEDER APARTMENTS -I (RZ-03-007) PAGE 9 OF 19 , ( conditions that are detrimental to the general welfat"e of the community. 25. It is found that the proposed 0- T zoning will not interfere with general traffic patterns on any public streets. Review of the revised ACHD report, dated June 24, 2003, will provide a full report on traffic issues. 26. It is not found that any natural or scenic feature will be lost, damaged or destroyed by approval of this rezone. It is apparent from an aerial photo of the site that several significant trees were removed from the site prior to submitting this application. It is recommended that the applicant be required to maximize the number of new trees on site and increase the size of the trees from 2" minimum to 2 Y2 minimum to help meet the intent of Ordinance 12-13-13-6. 27. It is also found that the proposed rezone would be in the best interest of the City by allowing a propeIiy owner to make improvements to the property for re-development that would otherwise not be allowed without the rezone. 28. The City Council recognizes the support of numerous citizens, expressed in a series of petitions and letters submitted into the record by John T. Schroeder on June 11,2003. CONCLUSIONS OF LAW 1. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 2, The City of Meridian has exercised its authority and responsibility as FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .165 ACRES FROM R.4 TO O-T BY: H. JOHN COOK FOR SCHROEDER APARTMENTS -/ (RZ-03-007) PAGE 10 OF 19 provided by "Local Land Use Plmming Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 3. The requested zoning of Old Town District, (O-T) is defined in the Zoning Ordinance at 11-7-2 L as follows: (L-O) Old Town District: The purpose of the OT District is to accommodate and encourage further expansion of the historical core of the community; to delineate a centralized activity center and to encourage its renewal, revitalization at1d growth as the public, quasi-public, cultural, financial and recreational center of the City. A variety of these uses integrated with general business, medium-high to high density residential, and other related uses is encouraged in an effort to provide the appropriate mix of activities necessary to establish a truly urban City center. The District shall be served by the Municipal water and sewer systems of the City. Development in this District must give attention to the handling of high volume of traffic, adequate parking, and pedestrian movement, alld to provide strip commercial development, m1d must be approved as a conditional use, unless otherwise permitted. 4. Idaho Code 9 67-6511 provides and requires that the City shall establish by ordinance one or more zones or zoning districts in accordance with the adopted Comprehensive Plan and the ordinance establishing zoning districts can be amended with particular consideration given to the effects of any proposed zone change upon the delivery of services by any political subdivision providing public services, including school districts, within the City's planning jurisdiction and that it is in conformance with the Comprehensive Plan. 5. Idaho Code 9 67-6511A provides: Each governing board may, by ordinance adopted or amellded in accordat1ce with the notice and hearing provisions provided under section 67-6509, Idaho Code, require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject parcel. The governing board shall adopt ordinance provisions governing the creation, form, recording, modification, enforcement and termination of conditional commitments. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .165 ACRES FROM R-4 TO O-T BY; H. JOHN COOK FOR SCHROEDER APARTMENTS - / (RZ-03-007) PAGE 11 OF 19 6. The City of Meridian by the adoption of Meridian City Code ~11-15-12 has exercised its authority to require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject property. 7. S 11-6-1 ZONING DISTRICT MAP provides in part as follows: The districts established in this Ordinance as shown on the Official Zoning Map, together with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where uncertainty exists with respect to the boundaries of any of the zOl1ing districts as shown on the Official Zoning Map, the following shall apply: 7.1 Where district boundaries are indicated as approximately following the centerline of street lines, highway right-of-way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary; 7.2 Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; 7.3 Where district boundaries are so illdicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map; and 7.4 Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the maill tracks of said railroad line. 8. S 11-l5-110fthe Meridian City Code GENERAL STANDARDS APPLICABLE TO ZONING AMENDMENTS provides in part as follows: The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: 8.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan. 8.2 The area is not intended to be rezoned in the future. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .165 ACRES FROM R-4 TO O-T BY: H. JOHN COOK FOR SCHROEDER APARTMENTS -I (RZ-03-007) PAGE 12 OF 19 8.3 The area is intended to be developed in the fashion that is allowed under the new zomng. 8.4 There has been no change in the area or adjacent areas which would dictate the area should be rezoned. 8.5 The proposed uses will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential chat'acter of the satne area; 8.6 The proposed uses will not be hazardous or disturbing to existing or future neighboring uses; 8.7 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such serVIces; 8.8 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 8.9 The proposed uses will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to atlY persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 8,10 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 8.11 The use will not result ill the destruction, loss or damage of a natural or scenic feature of major importance; and 8.12 The proposed zoning amendment is in the best interest of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .165 ACRES FROM R-4 TO O-T BY: H. JOHN COOK FOR SCHROEDER APARTMENTS - / (RZ-03-007) PAGE 13 OF 19 DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order: 1. The Applicant's request for rezone of .165 acres as a four-unit two story apartment complex with four single garages and four open parking spaces, is subject to the terms and conditions of this Order hereinafter stated; and 2. The following special terms alld conditions of use and development relate to this application to-wit: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. The applicant shall maximize the number of trees on the site, as determined by P&Z staff, and increase the minimum caliper size from 2" to 2 yz" to mitigate for trees recently removed from the site to accommodate the proposed proj ect. 2. All construction shall conform to the requirements of the Americans with Disabilities Act. B. Adopt the Recommendations of the Ada County Highway District as follows: Site Specific Conditions of Approval 1. Construct rolled curb, gutter, 5-foot wide concrete sidewalk and match paving on West 2nd Street abutting the parcel. The applicant is proposing to construct curb, gutter and sidewalk improvements from the frontage of the proj ect to the centerline of West 2nd Street abutting the school site. Improvements shall be constructed to ol1e-half of a 36-foot street section. 2. In accordance with District policy the applicant shall enter into a license agreement with the District for the additional pavement and landscaping planter within the right-of-way on West 2nd Street; the agreement shall encompass right- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .165 ACRES FROM R-4 TO O-T BY: H. JOHN COOK FOR SCHROEDER APARTMENTS -I (RZ-03-007) PAGE 14 OF 19 of-way approximately 22wfeet in width alld approximately 60-feet in length. An agreement must be approved prior to issuance of a building permit (or other required permits), whichever occurs first. Please contact the Right-of-Way Division at 387-3271 for guidelines. 3. As proposed on the site plan submitted with the application, the applicant shall provide a turnaround easement over the parking area for the apartment complex located to the south of the development site on West 2nd Street. The applicant shall provide the District with a recorded easement for the turnaround prior to issuance of a building permit (or other required permits), whichever occurs first. 4. Should the proposed landscape planter located at the terminus of West 2nd Street abutting the school site encroach into the right-of-way the applicant shall provide the District a license agreement for the portion of the encroachment. 5. Pave the entire width of the alley to the nearest street and abutting the parceL 6. Reconstruct the alley intersection with Pine Avenue; the back-of-curb radius may be less than 15-feet when it is impractical to remove the existing obstructions. Work with District staff for the radius. 7. Parking which is entered from the alley shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22- feet for perpendicular parking. Parking in the alley is not allowed and shall be signed accordingly. 8. Provide a turnaround at the terminus of the alley with a recorded easement over the parking area to the District. The applicant shall provide the District with a recorded easement for the turnaround prior to issuance of a building permit (or other required permits), whichever occurs first. 9. Pave all driveway's and parking stalls that take access to West 2nd Street or the alley. Driveways and parking stalls shall be paved their full width as proposed on the submitted site plan and at least 30-feet into the site beyond the edge of pavement of West 2nd Street or the alley. 10. Comply with all Standard Conditions of Approval in the District's June 25, 2003 report. C. Adopt the Recommendations ofthe Meridian Fire Department as follows: 1. Commercial occupat1cies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrat1ts shall be placed an average of 400' apmi. 1997 UFC Appendix III-A An additional Fire Hydrant will be required to be installed at West Second and Pine. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER OF APPROVAL OF REZONING OF .165 ACRES FROM R-4 TO O-T BY: H. JOHN COOK FOR SCHROEDER APARTMENTS - / (RZ-03-007) PAGE 15 OF 19 2. Acceptance of the water supply for fire protection will be by the Meridian Water Depatiment. _. 3. Final Approval of the fire hydrant locations shall be by the Meridiatl Fire Department. The proposed fire hydrant locations will be submitted to the Public Works for plan review. 4. Operational fire hydrants and temporary or pelmanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 5. The phasing plan may require that any roadway greater that1150' in length that is not provided with an outlet shall be required to have a turn around. Approved as submitted. 6. Dumpster must be located 5' from any combustible construction. D. Adopt the Recommendations of the Water Department as follows: 1. The water service line to this propeliy will l1eed upgraded. E. Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Any existing septic system(s) must be properly abandoned. F. Adopt the Recommendations ofNampa & Meridian Irrigation District as follows: l. All laterals and waste ways must be protected. If all storm drainage is retained on-site there will be no impact 011 Nampa & Meridian Irrigation District and no further review will be required. it any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 2. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. G. Adopt the Recommendations of Sanitary Service Company as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .165 ACRES FROM R-4 TO O-T BY: H. JOHN COOK FOR SCHROEDER APARTMENTS -I (RZ-03-007) PAGE 16 OF 19 1. Waste services for Schroder Apartments are to be provided on 2nd Street with an enclosure large enough to accommodate 6 to 8 95 gallon carts, or as otherwise approved by SSC. H. Adopt the action of the City Council taken at their August 5, 2003 meeting as follows: The items below are for clarification: 1. The applicant stated at the August 5, 2003 meeting that he will be putting sidewalks and gutter in front of both the apaliment complexes, as well as the neighbor's propeIiy to the south. This will extend the sidewalk and gutter all the way to Pine Street. 2. The applicant shall be providing two trash enclosures so that each four-plex shall have its own trash enclosure. Sanitary Service shall need to approve the trash enclosure locations. 3. The applicat1t shall also be paving the alley all the way to Pine Street. This will be from the elementary school property to Pine Street. 4. The applicant shall be extending the sidewalk to the end of West 2nd Street. 5. The applicant shall also be putting in a llew curb cut with disability access on the Pine Street sidewalk, this will make the ingress and egress much easier for people coming in and out of that area. 6. The applicant also addressed the issue about the window treatment for the ends of the apm1ment buildings, and that if windows were required to be put in at these locations there would be no head wall for a bedroom layout. 3. The City Attorney shall prepare for consideration by the City Council the appropriate ordinat1ce for the re-designation of the zoning for the real property which is the subject of the application to (O-T) Old Town District (Meridian City Code S 11-7-2 L) which ordinance shall be considered for passage. 4. Subsequent to the passage of the Ordinance, provided for in Section 2 ofthis Order, the engineering staff of the Public Works Depm1ment shall prepare the appropriate FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .165 ACRES FROM R-4 TO O-T BY: H. JOHN COOK FOR SCHROEDER APARTMENTS -I (RZ-03-007) PAGE 17 OF 19 mapping changes of the official Zoning Maps as provided in Meridian City Code S 11-21-1 in accOrdatlCe with the provisions of the rezoning ordinance. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concernillg the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body ofthe City of Meridian, pursuallt to Idaho Code S 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date ofthis decision and order, seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on ~rf't: K, 2003. ROLL CALL COUNCILMAN KEITH BIRD VOTED~ COUNCILWOMAN TAMMY deWEERD VOTED~ COUNCILWOMAN CHERIE McCANDLESS VOTED~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .165 ACRES FROM R-4 TO O-T BY: H. JOHN COOK FOR SCHROEDER APARTMENTS - / (RZ-03-007) PAGE 18 OF 19 COUNCILMAN WILLIAM L.M. NARY VOTED~ MA YOR ROBERT CORRIE (TIE BREAKER) DATED: g-19-tJ3 VOTED MOTION: APPROVED: )( DISAPPROVED: Attest: Dated: [] g -;;. vQ "Qi 0';:; ~ ilo vel 15\ ' ~,$ '/ ~ t..: ~ /1 ~1 a ~l. " /1/111 OUNT'f. \,,\,.... 1/,/ ,,\' 1/1111111\1\\ By:JI~~~9- City Clerk Z:\Work\M\Meridian\Mcridian 15360M'Schroeder Apartmcnts RZ.03..Q07 CUp.03-026\FfsClsOrdcrREZ.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .165 ACRES FROM R-4 TO O-T BY: H. JOHN COOK FOR SCHROEDER APARTMENTS -I (RZ-03-007) PAGE 19 OF 19 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT TO REMOVE AN EXISTING HOUSE AND CONSTRUCT FOUR APARTMENTS, TWO STORY WITH BEDROOMS ON UPPER LEVEL, AND FOUR SINGLE A TT ACHED GARAGES IN A PROPOESED 0- T ZONE FOR SCHROEDER APARTMENTS, LOCATED AT 921 WEST 2ND STREET, MERIDIAN, IDAHO H. JOHN COOK, APPLICANT C/C 08/05/03 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-03-026 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use pennit application having come before the City Council on August 5,2003 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and A1l1la Powell Director for the Planning and Zonillg Department, John Cook, and John Schroeder, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to- wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 of25 FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for August 5,2003, 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 ofthe 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 the 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 August 5, 2003, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction ofthe 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 forth in Idaho Code S67-6509, 6512, and Meridian City Code SS 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an R-4 zone and by reason ofthe provisions of the Meridian City Code S 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at 921 West 2nd Street, Meridian, Idaho. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 of25 5. The owner of record ofthe subject property is John T. Schroeder and Margaret M. Lezamiz) 3786 S. Suntree, Boise) Idaho 83706. 6. Applicant is H. John Cook, 1111 S. Orchard, Ste #220, Boise, Idaho. The applicant has requested the approval of a Conditional Use Permit on behalf of the owners for a 4- unit residential developmellt on .165 acres. 7. The subject property is currently zoned R-4. An application for Rezone to O-T is currently pending before the City of Meridian. The zoning district ofO-T is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use penuit to remove an existing house and construct four apartments, two story with bedrooms on upper level, and four single attached garages in a proposed 0- T zone for Schroeder Apartments. The 0- T zoning designation within the City of Meridian Zoning alld Developmellt Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed withill the subject application will in fact, constitute a conditional use as detennined by City Ordinance. 11. The Meridian City Council takes judicial 110tice of its Zoning, Subdivision 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, and Maps and the Ordinance establishing the Impact Area Boundary. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 of2S 12. 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 and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the Planning & Zoning Commission as follows: 1. The applicant shall comply with all conditions of the Rezone as a condition of the Conditional Use Permit. 2. The applicant shall construct curb, gutter and sidewalk adjacent to the project along W. 2nd Street and extend such improvements south one lot. From that point, curb and gutter shall be constructed to connect with Pine Street. All such improvements shall be in place prior to occupancy of the requested four-plex. 3. Walkways to the frOllt doors of the apartments shall be 4 feet wide. Sidewalks adjacent to W. 2nd Street shall be 5 feet, minimum. 4. The applicant shall submit a recorded easement for the fire vehicle turn-around prior to issuance of a Certificate of Zoning Compliance. Regarding the trash enclosure/storage shed, the applicant will work out with staff and SSC a satisfactory arrangement considering SSC's concerns that the enclosure size will need to be adequate. A road service damage waiver will need to be signed between sse alld the owner. The enclosure will need a concrete floor and apron and drivable hard surface as necessary between the enclosure and any vehicle turn around. 5. Add a planter between the garage doors on the east side. Extend the curb line of the northernmost parking space due east to provide for additional planting area on the north. All landscaping in the right-of way will require a license agreement with the Ada County Highway District. 6. Sanitary sewer and water service to this site will be provided via existing mains adjacent to the project site. The applicant shall be required to coordinate fire protection for the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 of25 new building with the Meridian Fire Department. Limited supply of water exists in this area due to small-maill sizing. Additional fire hydrants may be required. 7. Assessments for sewer and water service are to be determined during the building pennit application process. 8. In accordance with Ordinance No. Il-13-4.B.2., underground year-round pressurized irrigation must be provided to all landscape areas on site. Applicant shall submit irrigation perfonnance specifications based on the proposed landscaping when applying for a Certificate of Zoning Compliance. Applicant shall be required to utilize any existing surface or well water for the primary source, if existing. If City water is proposed for irrigation, developer shall be responsible to pay water assessments for the landscaped areas. 9. Applicant shall coordinate with Sanitary Services Corporation (SSe) regarding the location and desigll of the trash enclosure area. Submit details and written approval with a Certificate of Zoning Compliance application. 10. Significant alteration of elevations approved as part of the conditional use pennit will not be considered without modification ofthe conditional use pennit and additional public hearings. 11. The applicant shall submit 10 copies of a revised site and landscape plan on this project. 12. Install a new fire hydrant at Pille and 2nd, in coordination with the staff and the Fire Department. STANDARD REQUIREMENTS 1. Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 of 25 3. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 1 0-1-91) for all off-street parking areas. All drainage water is to be maintained on-site. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 4. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas or the traveling public in accordance with City Ordinance. 5. AU signage shall be in accordance with the standards set forth in Ordinance 11-14 or as specifically approved. No temporary signage, flags, baImers or flashing signs will be penni tted. 6. Provide five-foot-wide pedestrian sidewalk adjacent to 2nd Street in accordance with City Ordinance. 7. Screen trash areas on at least three (3) sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office prior to applying for building pennits. Trash enclosures shallllot be included in required buffer areas. 8. Per Ordinance 11-17-4.B., a conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless othelWise approved by the City Council. During this time, the permit holder must acquire building permits and commence the construction of pennanent footings or structures. Time extensions are allowed per the ordinance. B. Adopt the Recommendations ofthe Meridian Fire Department as follows: l. Commercial occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A. An additional Fire Hydrant wiu be required to be installed at West Second and Pine. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6of25 3. Final Approval ofthe fire hydrant locations shall be by the Meridian Fire Department. The proposed fire hydrant locations will be submitted to the Public Works for plan review. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 5. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. Approved as submitted. 6. Dumpster must be located 5' from any combustible construction. C. Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Enviromnental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Any existing septic system(s) must be properly abandoned. D. Adopt the Recommendations of the Ada County Highway District as follows: 1. Construct rolled curb, gutter, 5-foot wide concrete sidewalk and match paving on West 2nd Street abutting the parcel continuing north wrapping around to the center of West 2nd Street abutting the school site. Improvements shall be constructed to one- half of a 36-foot street section. 2. In accordance with District policy the applicant shall enter into a license agreement with the District for the additional pavement and landscaping planter within the right- of-way on West 2nd Street; the agreement shall encompass right-of-way approximately 22-feet in width and approximately 60-feet in length. An agreement must be approved prior to issuance of a building permit (or other required pennits), whichever occurs first. Please cOlltact the Right-of-Way Division at 387-3271 for guidelines. 3. As proposed on the site plan submitted with the application, the applicant shall provide a turnaround easement over the parking area for the apartment complex located to the south of the development site on West 2nd Street. The applicant shall FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 of25 provide the District with a recorded easement for the turnaround prior to issuance of a building pennit (or other required pennits), whichever occurs first. 4. Should the proposed landscape planter located at the tenninus of West 2nd Street abutting the school site encroach into the right-of-way the applicant shall provide the District a license agreement for the portion of the encroachment. 5. Pave the entire width of the alley to the nearest street and abutting the parcel. 6. Reconstruct the alley intersection with Pine A venue; the back-of-curb radius may be less than I5-feet when it is impractical to remove existing obstructions. Work with District staff for the radius. 7. Parking which is entered from the alley shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. Parking in the alley is not allowed and shall be signed accordingly. 8. Provide a turnaround at the tenninus of the alley with a recorded easement over the parking area to the District. The applicant shall provide the District with a recorded easement for the turnaround prior to issuance of a building permit (or other required permits), whichever occurs first. 9. Pave all driveway's and parking stalls that take access to West 2nd Street or the alley. Driveways and parking stalls shall be paved their full width as proposed on the submitted site plan and at least 30-feet into the site beyond the edge of pavement of West 2nd Street or the alley. 10. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right~of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 of 25 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada COUllty Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordillances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all . improvement plans. 6. 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. 7. Construction, use and property developmellt shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to buildillg construction in accordance with Ordinance #197, also known as Ada COUllty Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right- of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the tenus 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 confinuation of any change from the Ada County Highway District. ll. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 of25 ( E. Adopt the Recommendations ofNampa & Meridian Irrigation District as follows: l. AU laterals and waste ways must be protected. If all storm drainage is retained on-site there will be no impact on Nampa & Meridian Irrigation District and no further review will be required. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 2. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. F. Adopt the Recommendations of the Meridian Water Department as follows: 1. Water service line to this property will need upgraded. G. Adopt the RecOlmnendations of Sanitary Services Company (SSe) as follows: 1. Waste services for Schroeder Apartments are to be provided on 2nd Street with an enclosure large enough to accommodate 6 to 8 95 gallon carts, or as otherwise approved by SSC. H. Adopt the action of the City Council taken at their August 5, 2003 meeting as follows: The items below are for clarification: 1. The applicant stated at the August 5, 2003 meeting that he will be putting sidewalks and gutter in front of both the apartment complexes, as well as the neighbor's property to the south. This will extend the sidewalk and gutter all the way to Pine Street. 2. The applicant shall be providing two trash enclosures so that each four-plex shall have its own trash enclosure. Sanitary Service shall need to approve the trash enclosure locations. 3. The applicant shall also be paving the alley all the way to Pine Street. This will be from the elementary school property to Pine Street. 4. The applicant shall be extending the sidewalk to the end of West 2nd Street. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 of 25 5. The applicant shall also be putting in a new curb cut with disability access on the Pine Street sidewalk, this will make the ingress and egress much easier for people coming in and out of that area. 6. The applicant also addressed the issue about the window treatment for the ends of the apartment buildings, and that if windows were required to be put in at these locations there would be no head wall for a bedroom layout. 13. It is found that the subject property is large enough to accommodate the requested use and all required features. The project is in a proposed Old Town zone, where higher densities are encouraged. 14. It is found that the Old Town zoning designation is in accord with the Comprehensive Plan's Future Land Use Map which delineates the subject property as "Old- Town". The text of the Comprehensive Plan (page 99) supports a variety of residential uses in the O-T zone. Action 3, Objective C on page 102 states to "designate Old Town as a Pliority high-density area." It is found that the proposed four-plex is in compliance with the Comprehensive Plan policies for Old Town. 15. It is found that the design concept to be compatible with other uses in the general neighborhood and the existing/intended character of the area. The property to the south has an existing 4-plex apartment owned by the same property owner. Other surrounding uses are single- family residential and an elementary school. It is also found that the proposed improvements would bring the property closer to the intended character of the area by replacing the existing dilapidated structure with a new, higher density residential use. 16. It is not anticipated that the proposed use will adversely affect other property in the vicinity. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 of25 17. It is found that the proposed infill development will be adequately served by the essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, and sewer, if improvements are made by the applicant in accordance with the conditions of approval, existing ordinances, and Unifonn Codes. 18. It is found that the proposed improvements would not be detrimental to the economic welfare of the community, nor would they create the need for any new facilities or services to be paid for by the public. Since the project is infill in nature, all public facilities are existing. 19. No excessive traffic, noise, smoke, fumes, glare or odors are anticipated as a result from the proposed use. 20. It is found that the proposed use will not create significant interference with any traffic on the surrounding public streets, if street and parking improvements are designed in conformance with ACHD requirements. 21. It is found that no natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use pennit. However, several significant trees have already been removed from the site. It is recommended that compliance with the Rezone Condition of Approval #1 to address mitigation issues. Staffwill work with the applicant to maximize the number of new trees on the site and the minimum caliper of new trees will be increased by "Y2 inch above standard ordinance requirements. 22. The City Council recognizes the support of numerous citizens, expressed in a series of petitions and letters submitted into the record by John T. Schroeder on June 11, 2003. CONCLUSIONS OF LAW FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 of25 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Plam1ing Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. 967-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinallce the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code 9 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinallce; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 of 25 d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment ofthe proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare ofthe community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Old Town District (0- T), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries ofthe land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code S 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 of25 public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with cOllditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code g I 1-1 7-6) 7. When the City Council approves a conditional use pennit it may impose conditions ofthat approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature ofthe development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridiall has, by ordinance, established the Impact Area and the Comprehensive Plall of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 of25 Order that: 1. That the above named applicant is granted a conditional use permit to remove an existing house and construct four apartments, two story with bedrooms on upper level, and four single attached garages in a proposed 0- T zone for Schroeder Apartments located at 921 West 2nd Street, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Plmming and Zoning and Engineering staff as modified by the Planning & Zoning Commission as follows: 1. The applicant shall comply with all conditions of the Rezone as a condition of the Conditional Use Permit. 2. The applicant shall construct curb, gutter and sidewalk adjacellt to the project along W. 2nd Street and extend such improvements south one lot. From that point, curb and gutter shall be constructed to connect with Pine Street. All such improvements shall be in place prior to occupancy of the requested four-plex. 3. Walkways to the front doors of the apartments shall be 4 feet wide. Sidewalks adjacent to W. 2nd Street shall be 5 feet, minimum. 4. The applicant shall submit a recorded easement for the fire vehicle turn-around prior to issuance of a Certificate of Zoning Compliance. Regarding the trash enclosure/storage shed, the applicant will work out with staff and SSC a satisfactory arrangement considering SSC's concerns that the enclosure size will need to be adequate. A road service damage waiver will need to be signed between SSC and the owner. The enclosure will need a concrete floor and apron and drivable hard surface as necessary between the enclosure and allY vehicle turn around. 5. Add a plallter between the garage doors on the east side. Extend the curb line of the northernmost parking space due east to provide for additional planting area on the north. All landscaping in the right-of way will require a license agreement with the Ada County Highway District. 6. Sanitary sewer and water service to this site will be provided via existillg mains adjacent to the project site. The applicant shall be required to coordinate fire protection for the new building with the Meridian Fire Department. Limited supply of water exists in this area due to small main sizing. Additional fire hydrants may be required. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 of2S 7. Assessments for sewer and water service are to be determined during the building permit application-process. 8. In accordance with Ordinance No. 11-l3-4.B.2., underground year-round pressurized irrigation must be provided to all landscape areas on site. Applicant shall submit irrigation performance specifications based on the proposed landscaping when applying for a Certificate of Zoning Compliance. Applicant shall be required to utilize any existing surface or well water for the primary source, if existing. If City water is proposed for irrigation, developer shall be responsible to pay water assessments for the landscaped areas. 9. Applicant shall coordinate with Sanitary Services Corporation (SSC) regardillg the location and design of the trash enclosure area. Submit details and written approval with a Certificate of Zoning Compliance application. 10. Significant alteration of elevations approved as part of the conditional use permit will not be considered without modification of the conditional use pennit and additional public hearings. 11. The applicant shall submit 10 copies of a revised site and landscape plan on this project. 12. Install a new fire hydrant at Pine and 2nd, in coordination with the staff and the Fire Department. STANDARD REQUIREMENTS 1. Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 3. A drainage plan designed by a State ofIdaho licensed architect or ellgineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All drainage water is to be maintained on-site. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 of25 Shallow Injection Wells. 4. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas or the traveling public in accordance with City Ordinance. 5. All signage shall be in accordance with the stalldards set forth in Ordinance 11-14 or as specifically approved. No temporary signage, flags, banners or flashing signs will be permitted. 6. Provide five-foot-wide pedestrian sidewalk adjacent to 2nd Street in accordance with City Ordinance. 7. Screen trash areas on at least three (3) sides. Coordinate screened trash ellclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office prior to applying for building permits. Trash enclosures shall not be included in required buffer areas. 8. Per Ordinance Il-17~4.B., a conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City Council. During this time, the permit holder must acquire building permits and commence the construction of permanent footings or structures. Time extensions are allowed per the ordinance. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Commercial occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A. An additional Fire Hydrant will be required to be installed at West Second and Pine. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval ofthe fire hydrant locations shall be by the Meridian Fire Department. The proposed fire hydrant locations will be submitted to the Public Works for plan reVIew. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 5. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a tum around. Approved as submitted. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 of2S 6. Dumpster must be located 5' from any combustible construction. C. Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run~off is not to create a mosquito breeding problem. 4. Any existing septic system(s) must be properly abandoned. D. Adopt the Recommendations ofthe Ada County Highway District as follows: 1. Construct rolled curb, gutter, 5-foot wide concrete sidewalk and match paving on West 2nd Street abutting the parcel continuing north wrapping around to the center of West 2nd Street abutting the school site. Improvements shall be constructed to one-half of a 36-foot street section. 2. In accordance with District policy the applicant shall enter into a license agreement with the District for the additional pavement and landscaping planter within the right- of-way on West 2nd Street; the agreement shall encompass right-of-way approximately 22-feet in width and approximately 60-feet in length. An agreement must be approved prior to issuance of a building permit (or other required pennits), whichever occurs first. Please contact the Right-of-Way Division at 387-3271 for guidelines. 3. As proposed on the site plan submitted with the application, the applicant shall provide a turnaround easement over the parking area for the apartment complex located to the south of the development site on West 2nd Street. The applicant shall provide the District with a recorded easement for the turnaround prior to issuance of a building permit (or other required penuits), whichever occurs first. 4. Should the proposed landscape planter located at the tenninus of West 2nd Street abutting the school site encroach into the right-of-way the applicant shall provide the District a license agreement for the portion of the encroachment. 5. Pave the entire width ofthe alley to the nearest street and abutting the parcel. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 of25 6. Reconstruct the alley intersection with Pine Avenue; the back-of-curb radius may be less than 15-feet when it is impractical to remove existing obstructions. Work with District staff for the radius. 7. Parking which is entered from the alley shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. Parking in the alley is not allowed and shall be signed accordingly. 8. Provide a turnaround at the tenninus ofthe alley with a recorded easement over the parking area to the District. The applicant shall provide the District with a recorded easement for the turnaround prior to issuance of a building permit (or other required pennits), whichever occurs first. 9. Pave all driveway's and parking stalls that take access to West 2nd Street or the alley. Driveways and parking stalls shall be paved their full width as proposed on the submitted site plan and at least 30-feet into the site beyond the edge of pavement of West 2nd Street or the alley. 10. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. AU utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 of25 6. The applicant shall submit revised plans for staff approval, plior to issuance of building permit (or other required pennits), which incorporates any required design changes. 7. Construction, use and property development shall be in confonnance with all applicable requirements ofthe Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility ofthe applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days plior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confinnation of any change from the Ada County Highway District. 11. 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 challge 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. E. Adopt the Reconunendations ofNampa & Meridian Irrigation District as follows; 1. All laterals and waste ways must be protected. If all stonn drainage is retained on-site there will be no impact on Nampa & Meridian Irrigation District and no further review will be required. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 2. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation Distlict. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 21 of 25 F. Adopt the Recommendations of the Meridian Water Department as follows: 1. Water service line to this property will need upgraded. G. Adopt the Recommendations of Sanitary Services Company (SSe) as follows: 1. Waste services for Schroeder Apartments are to be provided on 2nd Street with an enclosure large enough to accommodate 6 to 8 95 gallon carts, or as othelWise approved by sse. H. Adopt the action of the City Council taken at their August 5, 2003 meeting as follows: The items below are for clarification: 1. The applicant stated at the August 5, 2003 meeting that he will be putting sidewalks and gutter in front of both the apartment complexes, as well as the neighbor's property to the south. This will extend the sidewalk and gutter all the way to Pine Street. 2. The applicant shall be providing two trash enclosures so that each four-plex shall have its own trash enclosure. Sanitary Service shall need to approve the trash enclosure locations. 3. The applicant shall also be paving the alley all the way to Pine Street. This will be from the elementary school property to Pine Street. 4. The applicant shall be extending the sidewalk to the end of West 2nd Street. 5. The applicant shall also be putting in a new curb cut with disability access on the Pine Street sidewalk, this will make the ingress and egress much easier for people coming in and out of that area. 6. The applicant also addressed the issue about the window treatment for the ends of the apartment buildings, and that if windows were required to be put in at these locations there would be no head wall for a bedroom layout. 2. The conditions shall be reviewable by the Council pursuallt to Meridian City Code S 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 22 of 25 such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit 111 accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and allY affected party requesting notice. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use pennit shall be valid for a maximum period of eighteen (I 8) months unless otherwise approved by the council. During this time, the pennit holder must commence the use as pennitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of pennanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion ofthe project. For projects requiring platting, the final plat must be recorded within this eighteen (I 8) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made ill successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the counciL If the successive phases are not submitted within one year intervals, the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 23 of25 conditional approval ofthe future phases shall be null and void. (MCC 11-17-4.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULA TORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuallce or denial of the conditional use permit approval 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. IVi-r~ By action of the City Council at its regular meeting held on the Z day of Hu7..4-f ~ ,2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED~ COUNCILWOMAN TAMMY deWEERD VOTED~ VOTED~ VOTED~ COUNCILWOMAN CHERIE Me CANDLESS COUNCILMAN WILLIAM L.M. NARY FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 24 of2S MAYOR ROBERT D_, CORRIE (TIE BREAKER) VOTED DATED: 8-(9-03 - MOTION: APPROVED: x DISAPPROVED: _~~~I'~ 11\1111 II IIIrlllayor Robert D. Corrie Attest. 1\\1 ,... 1\.$;:- ~ 11/1 . ...,,\ Or 1"''-/(11',. 11..., "" --l ~ '''_..~~,(! .. /,..... .....' ~" h '.y ........... ~ V' O\,\POH..q 1; . ' S .2 ~0 <0 -:::. 2 '" ~ - - - -. .= SEAl; :: William G~ Berg, Jr., Cit .Clerk 1"~ c{:? ~ ~ 0.1.. ,\;.J ",0 :: ~ '1'0 vSr 15"\ . '-!..~.:2 Copy served upon Applicant, Platmitr~~~ 0 'n,R o-ep'h.t:thtent, Public Works ' 1 1,/ UNT'1' ,," Department and t Ie City Attorney. 11/1111 1\\1\\\ 1111111\\ . BJ~;6.~~ City Clerk Dated: g'-19-tJ 3 Z:\Work\M\Meridian\Meridian I 5360MlSehrocdcl' Apm11llCllts RZ-03.007 CUP-03-026\FJClsCUP03-026.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 25 of25 1\111111111111(1 \11\ C Mr:- lIlt \,,\ _I O~':;:I?I^ III1 " :<...... VL"., I" $' c} apOt:> . -"A.';'F ~ 0'" "'17; . V "',. ~ _.t:; ~() ;',', :: ~ ~ ~ - 2 ~ - - - - BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT TO REMOVE EXISTING HOUSE AND CONSTRUCT FOUR APARTMENTS, TWO STORY WITH BEDROOMS ON UPPER LEVEL, AND FOUR SINGLE ATTACHED GARAGES IN A PROPOSED 0- T ZONE FOR SCHROEDER APARTMENTS, LOCATED AT 921 WEST 2nd STREET, MERIDIAN, IDAHO H. JOHN COOK, APPLICANT C/C 08/05/03 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-03-026 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the August 5,2003, under the provisions of Meridian City Code ~ 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit to remove an existing house and construct four apartments, two story with bedrooms on upper level, and four single attached garages in a proposed O-T zone for Schroeder Apartments located at 921 West ORDER CONDITIONAL USE PERMIT (CUP-03-026) PAGE 1 OF9 ( 2nd Street" Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the Planning & Zoning Commission as follows: 1. The applicant shall comply with all conditions of the Rezone as a condition of the Conditional Use Permit. 2. The applicant shall construct curb, gutter and sidewalk adjacent to the project along W. 2nd Street and extelld such improvements south one lot. From that point, curb and gutter shall be constructed to connect with Pine Street. All such improvements shall be in place prior to occupancy of the requested four-plex. 3. Walkways to the front doors of the apartments shall be 4 feet wide. Sidewalks adjacent to W. 2nd Street shall be 5 feet, minimum. 4. The applicant shall submit a recorded easement for the fire vehicle turn-around prior to issuance of a Certificate of Zoning Compliance. Regarding the trash enclosure/storage shed, the applicant will work out with staff and SSC a satisfactory arrangement considering sse's concerns that the enclosure size will need to be adequate. A road service damage waiver will need to be signed between SSC and the owner. The enclosure will need a concrete floor and apron and drivable hard surface as necessary between the enclosure and any vehicle turn around. 5. Add a planter between the garage doors on the east side. Extend the curb line of the northernmost parking space due east to provide for additional planting area on the north. All landscaping in the right-of way will require a license agreement with the Ada County Highway District. 6. Sanitary sewer and water service to this site will be provided via existing mains adjacent to the project site. The applicant shall be required to coordinate fire protection for the new building with the Meridian Fire Department. Limited supply of water exists in this area due to small main sizing. Additional fire hydrants may be required. 7. Assessments for sewer and water service are to be determined during the building pennit application process. 8. In accordance with Ordinance No. 11-13-4.8.2., underground year-round pressurized irrigation must be provided to all landscape areas on site. Applicant shall submit irrigation performance specifications based on the proposed landscaping when applying ORDER CONDITIONAL USE PERMIT (CUP-03-026) PAGE 2 OF9 for a Certificate of Zoning Compliance. Applicant shall be required to utilize any existing surface orwell water for the primary source, if existing. If City water is proposed for irrigation, developer shall be responsible to pay water assessments for the landscaped areas. 9. Applicant shall coordinate with Sanitary Services Corporation (SSC) regarding the location and design ofthe trash enclosure area. Submit details and written approval with a Certificate of Zoning Compliance application. 10. Significant alteration of elevations approved as part of the conditional use permit will not be considered without modification of the conditional use permit and additional public hearings. ] ] . The applicant shall submit 10 copies of a revised site and landscape plan on this project. 12. Install a new fire hydrant at Pine and 2nd, in coordination with the staff and the Fire Department. STANDARD REQUIREMENTS ]. Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 3. A drainage plan desiglled by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All drainage water is to be maintained on-site. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. ORDER CONDITIONAL USE PERMIT (CUP-03-026) PAGE 3 OF9 4. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residentialareas or the traveling public in accordance with City Ordinance. 5. All signage shall be in accordance with the standards set forth in Ordinance 11- I 4 or as specifically approved. No temporary signage, flags, banners or flashing signs will be permitted. 6. Provide five-foot-wide pedestrian sidewalk adjacent to 2nd Street in accordance with City Ordinance. 7. Screen trash areas on at least three (3) sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office prior to applying for building permits. Trash enclosures shall not be included in required buffer areas. 8. Per Ordinance 11-17-4.8., a conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City Council. During this time, the permit holder must acquire building pennits and commence the construction of permanent footings or structures. Time extensions are allowed per the ordinance. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Commercial occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A. An additional Fire Hydrant will be required to be installed at West Second and Pine. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Departmellt. The proposed fire hydrant locations will be submitted to the Public Works for plan review. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 5. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. Approved as submitted. 6. Dumpster must be located 5' from any combustible construction. ORDER CONDITIONAL USE PERMIT (CUP-03-026) PAGE40F9 C. Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Any existing septic system(s) must be properly abandoned. D. Adopt the RecOlmnendations of the Ada County Highway District as follows; 1. Construct rolled curb, gutter, 5-foot wide concrete sidewalk and match paving on West 2nd Street abutting the parcel continuing north wrapping around to the center of West 2nd Street abutting the school site. Improvements shall be constructed to one- half of a 36-foot street section. 2. In accordance with District policy the applicant shall enter into a license agreement with the District for the additional pavement and landscaping planter within the right- of-way on West 2nd Street; the agreement shall encompass right-of-way approximately 22-feet in width and approximately 60-feet in length. An agreement must be approved prior to issuance of a building pennit (or other required pennits), whichever occurs first. Please contact the Right-of-Way Division at 387-3271 for guidelines. 3. As proposed on the site plan submitted with the application, the applicant shall provide a turnaround easement over the parking area for the apartment complex located to the south of the development site on West 2nd Street. The applicant shall provide the District with a recorded easement for the turnaround prior to issuance of a building permit (or other required pennits), whichever occurs first. 4. Should the proposed landscape planter located at the terminus of West 2nd Street abutting the school site encroach into the right-of-way the applicant shall provide the District a license agreement for the portion of the encroachment. 5. Pave the entire width of the alley to the nearest street and abutting the parcel. ORDER CONDITIONAL USE PERMIT ( CUP-03-026) PAGE50F9 6. Reconstruct the alley intersection with Pine Avenue; the back-of-curb radius may be less than I5-feet when it is impractical to remove existing obstructions. Work with District staff for the radius. 7. Parking which is entered from the alley shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. Parking in the alley is not allowed and shall be signed accordingly. 8. Provide a turnaround at the tenninus of the alley with a recorded easement over the parking area to the District. The applicant shall provide the District with a recorded easement for the turnaround prior to issuance of a building pennit (or other required pennits), whichever occurs first. 9. Pave all driveway's and parking stalls that take access to West 2nd Street or the alley. Driveways and parking stalls shall be paved their full width as proposed on the submitted site plan and at least 30-feet into the site beyond the edge of pavement of West 2nd Street or the alley. 10. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction ofthe proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. 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. ORDER CONDITIONAL USE PERMIT (CUP-03-026) PAGE60F9 6. 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. 7. 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. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right- of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. 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. 11. Any change by the applicant in the planned use ofthe 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 ofthe 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. E. Adopt the RecOlmnendations ofNampa & Meridian Irrigation District as follows: 1. All laterals and waste ways must be protected. If all storm drainage is retained on-site there will be no impact on Nampa & Meridian Irrigation District and no further review will be required. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. ORDER CONDITIONAL USE PERMIT (CUP-03-026) PAGE 7 OF9 2. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. F. Adopt the Recommendations of the Meridian Water Department as follows: 1. Water service line to this property will need upgraded. G. Adopt the Recommendations of Sanitary Services Company (SSC) as follows: 1. Waste services for Schroeder Apartments are to be provided on 2nd Street with an enclosure large enough to accommodate 6 to 8 95 gallon carts, or as otherwise approved by SSe. H. Adopt the action ofthe City Council taken at their August 5, 2003 meeting as follows: The items below are for clarification: 1. The applicant stated at the August 5, 2003 meeting that he will be putting sidewalks and gutter in front of both the apartment complexes, as well as the neighbor's property to the south. This will extend the sidewalk and gutter all the way to Pine Street. 2. The applicant shall be providing two trash enclosures so that each four-plex shall have its own trash enclosure. Sanitary Service shall need to approve the trash enclosure locations. 3. The applicant shall also be paving the alley all the way to Pine Street. This will be from the elementary school property to Pine Street. 4. The applicant shall be extending the sidewalk to the end of West 2nd Street. 5. The applicant shall also be putting in a new curb cut with disability access on the Pine Street sidewalk, this will make the ingress and egress much easier for people coming in and out of that area. 6. The applicant also addressed the issue about the window treatment for the ends of the apartment buildings, and that if windows were required to be put in at these locations there would be no head wall for a bedroom layout. ORDER CONDITIONAL USE PERMIT (CUP-03-026) PAGE 8 OF9 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use pennit is not transferable without complying with the provisions of Meridian City Code S 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the /9-f!L. day of /JupJt' ,2003. Bydl;ttu:-~ /k,;:r 9. City Clerk (/ .~~A Robert D. Corne, Mayor City of Meridian 1\11\1111111/11/ \,11 Mf::" III "'\\_1 of ,cRt'" 1111 ,,' :\ "\ v4 .II,.. .t c) OV.POR,tj7; ~ ~ .;:. ~() '::-0 S ~ ~~ ~ - - - - ~ SEAL ~ f? ,- -;. ~(; "q; ~o:: ~ "PA '&'15\ . ......'<' ~ -;.. VA .~. "- "'.I ~7 a ~ "" 1'//11 OUNT'l, \\", Copy served upon Applicant, the Planning ~fftl(Ronin~IDepartment, Public Works Department and City Attomey 11\\\\1111111;//1 . \11 r: MF: 11/ "\\\_1 o~ ..::.R10. 1/.,/,.. " :"- "'\ J0 .......... .::: ,'" c) o?po.PV'j {; "1.."'~ ~_,-0 (Q S Dated: !I-19 --tJ.J ff ~ 1 Attest: William G. Berg, Jr., City Z:\Work\M\Mcridian\Meridian 15360MlSchrocder Apartmcnts RZ-03-007 CUP.03-026\OrdcrCUP.doc - - ORDER CONDITIONAL USE PERMIT (CUP-03-026) PAGE90F9 BEFORE THE MERIDIAN CITY COUNCIL C/C 08-05-03 IN THE MATTER OF THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 79.77 ACRES IN ) SIZE, INCLUDING RIGHT-OF- ) WAY, FOR PROPOSED KELLY ) CREEK SUBDIVISION, LOCATED ) AT THE NORTHWEST CORNER ) OF NORTH LINDER ROAD AND ) WEST McMILLAN ROAD, ) MERIDIAN, IDAHO ) ) KEVIN HOWELL ) CONSTRUCTION, ) APPLICANT Case No. AZ-03-013 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 August 5, 2003, at the hour of7:00 p.m., and Anna Powell Planning Director for the Planning and Zoning Department, Darin Fluke, Tony Moss, and Daniel Gibson, appeared and testified, 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 l. There has been compliance with all notice and hearing requirements set forth in Idaho Code ~~ 67-6509 and 67-6511, and Meridian City Code ~~ 11-l5-5 and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivision and development FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 1 OF 27 ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6,2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject of the application for annexation and zoning is described in the application, is approximately 79.77 acres in size, including right-of- way, and is located at the northwest corner of North Linder Road and West McMillan Road, Meridian, Idaho, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 4. The parcel ofland is contiguous to the existing city limits of the City of Meridian. 5. The owners of record of the subject property are Kevin Howell- 4822 N. Rosepoint, Suite C, Boise, Idaho, Kelly and Brenda Fulfer, husband and wife, 2350 W. McMillan Road, Meridian, Idaho, Jack Fulfer with Durable Special Power of Attorney from Jack Fulfer to Kelly Fulfer -1942 W. McMillan Road, Meridian, Idaho, and Randall and Tanya Calkins with Durable Special Power of Attorney from Randall Calkins and Tanya Calkins, husband and wife, to Kelly Fulfer - 2186 W. McMillan Road, Meridian, Idaho. The applicant is Kevin Howell Construction. 6. The property is presently zoned RUT (Ada County) and consists of agricultural land and rural residences. 7. The Applicant requests the property be zoned as R-8 (Medium Density Residential), C-G (General Retail And Service Commercial), and L-O (Limited Office). 8. The subject property is bordered to the north by Lochsa Falls Subdivision, zoned FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDNISION (AZ-03-013) PAGE 2 OF 27 R-4, to the south by Bridgetower Subdivision, zoned R-4, to the east by the recently approved Paramount Subdivision, zoned C-G, and to the west by Lochsa Falls Subdivision, zoned R-4. 9. The Applicant proposes to develop the subject property in the following manner: A residential neighborhood planned development with use exceptions for commercial and office uses. 10. The Applicant requests zoning of the subject real property as R-8, C-G, and L-O, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Medium Density Residential. 11. There are no significant or scenic features of major importance that affect the consideration of this application. 12. Giving due consideration to the comments 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: A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning Department as follows: 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 2. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 3. A Development Agreement shall be required as part of this aImexation request. The development agreement shall include all conditions of the annexation, preliminary plat, and cOllditional use permit/planned development. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 3 OF 27 B. Adopt the Recommendations of the Ada County Highway District as follows: 1. These segments of Linder Road alld McMillan Road are not listed in the adopted Capital Improvements Plan; therefore, impact fees cannot be used to purchase the right-of-way abutting the site. Right-of-way dedication is not required with this application. If the applicant chooses to dedicate the right-of-way, ACHD will not provide compensation. The applicant shall do one of the following: 1. Dedicate by donation an additional 5-feet of right-of-way along McMillan Road (30-feet total from the current centerline) and an additional 13-feet of right-of-way along Under Road (38-feet total from centerline), and construct a minimum 5-foot wide concrete sidewalk along McMillan Road and Linder Road. The sidewalk on McMillan Road shall be located a minimum of 35-feet from the centerline of the existing roadway. The sidewalk on Linder Road should be located a millimum of 41-feet from the centerline of the right-of- way. Coordinate the location and elevation of the sidewalk with District staff. Provide the District with an easement for any portion of the sidewalk(s) that are not located within the right-of-way. 11. Dedicate by donation an additional 15-feet of right-of-way along McMillan Road (40-feet total from the current centerline) and an additional 23-feet of right-of-way along Linder Road (48-feet total from centerline), and construct a minimum 5-foot wide concrete sidewalk along McMillan Road and Linder Road, located within the new right-of-way. The sidewalk on McMillan Road should be located a minimum of 35-feet from the centerline of the existing roadway. The sidewalk on Linder Road should be located a minimum of 41- feet from the centerline of the right-of-way. Provide the District with an easement for any portion of the sidewalk(s) that are not located within the right-of-way. Coordinate the location and elevation ofthe sidewalk with District staff. 111. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along McMillan Road and Linder Road in their ultimate locations. The sidewalk on McMillan Road should be located a minimum of 35-feet from the centerline of the existing roadway. The sidewalk on Linder Road should be located a minimum of 41- feet from the centerline of the right- of-way. Provide the District with an easement for any portion of the sidewalk(s) that are not located within the right-of-way. IV. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along McMillan Road and Linder Road, located at the back edge of the existing right-of-way (iffeasible). Accomplish all llecessary FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE4 OF 27 adjustments to properly accommodate existing drainage and utilities. Coordinat~ the location and elevation of the sidewalk with District staff. 2. Construct a separate westbound right-turn lane on McMillan Road at the Shadow Creek Way (now Wild Flower Drive) approach. The applicant may choose to install the auxiliary turn lane either when the phase abutting the subject auxiliary lane is being built, or when the warrant is met. [fthe later option is chosen, the necessary right-of-way needed to construct the subject auxiliary lane shall be dedicated with the abutting final plat phase alld constructed when the warrant is met. The necessity for auxiliary lane construction (warrants) will be evaluated as each phase (final plat) is submitted. Coordinate the final design of the turn lane with District staff. 3. Construct a separate southbound right-turn lane on Linder Road at the Apgar Creek Street intersection. The applicant may choose to install the auxiliary turn lane either when the phase abutting the subject auxiliary lane is being built, or when the warrant is met. If the later option is chosen, the necessary right-of-way needed to construct the subject auxiliary lane shall be dedicated with the abutting final plat phase and constructed when the warrant is met. The llecessity for auxiliary lane construction (warrants) will be evaluated as each phase (final plat) is submitted. Coordinate the final design of the turn lane with District staff. 4. Construct a separate northbound left-turn lane on Linder Road at Apgar Creek Street. The applicant may choose to install the auxiliary turn lane either when the phase abutting the subject auxiliary lane is being built, or when the warrant is met. [fthe later option is chosen, the necessary right-of-way needed to construct the subject auxiliary lane shall be dedicated with the abutting final plat phase and constructed when the warrant is met. The necessity for auxiliary lane construction (warrants) will be evaluated as each phase (final plat) is submitted. Coordinate the final design of the turn lane with District staff. 5. Construct a taper off of Linder Road for southbound right turns at the Deer Crest Way approach. The applicant may choose to install the auxiliary turn lane either when the phase abutting the subject auxiliary lane is being built, or when the warrant is met. Ifthe later option is chosen, the necessary right-of-way needed to construct the subject auxiliary lane shall be dedicated with the abutting final plat phase and constructed when the warrant is met. The necessity for auxiliary lane construction (warrants) will be evaluated as each phase (final plat) is submitted. Coordinate the final design of the taper with District staff. 6. Construct Wild Flower Drive to intersect McMillan Road approximately 1,450-feet west of Linder Road, as proposed. The street shall be constructed with a 36-foot street section within 50-feet of right-of-way with curb, gutter and 5-foot wide concrete sidewalks. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGES OF 27 7. Construct Apgar Creek Street to intersect Linder Road approximately 530-feet north of McMillan Road, as proposed. The street shall be constructed with a 36-foot street section within 50-feet of right-of-way with curb, gutter and 5-foot wide concrete sidewalks. 8. Construct Deer Crest Way to intersect Linder Road approximately 430-feet north of Apgar Creek Street and approximately 390-feet south of the approved Wild Goose Drive to the north, as proposed. The street shall be constructed with a 36-foot street section within 50-feet of right-of-way with curb, gutter and 5-foot wide concrete sidewalks. 9. Construct a commercial driveway on Linder Road located a minimum of 255-feet south of Apgar Creek Street and no closer than 150-feet from McMillan Road (for right- in/right-out only). Pave the driveway its full width (maximum 35-feet) and at least 30-feet into the site beyond the edge of pavement of the adjacent roadway edge and install pavement tapers with 15-foot radii abutting the existillg roadway edge. 10. Construct a commercial driveway on McMillan Road located approximately 250-feet west of Linder Road, as proposed. Pave the driveway its full width (maximum 35-feet) and at least 30-feet into the site beyond the edge of pavement ofthe adjacent roadway edge and install pavement tapers with IS-foot radii abutting the existing roadway edge. This driveway may be restricted to right-inlright-out movements in the future. 11. Construct a commercial driveway on McMillan Road located approximately 235-feet west ofthe first commercial driveway on McMillan Road and approximately 500-feet west of Linder Road, as proposed. Pave the driveway its full width (maximum 35-feet) and at least 30-feet into the site beyond the edge of pavement of the adjacent roadway edge and install pavement tapers with I5-foot radii abutting the existing roadway edge. 12. Provide the District with a copy of a recorded cross-access agreement for Lots 45, 46, 47 and 48, Block 10, to use the three commercial driveways listed in Conditions 9, 10 and 11 above, for access to the public street system. 13. Construct a commercial driveway to serve the proposed L-O zoned lots, located in alignment (measured cellterline to centerline) or offset from the approved Palatine Way 011 the south side of McMillan Road a minimum of255-feet (measured near edge of driveway to near edge of roadway). Provide the District with a copy of a recorded cross- access agreement for Lots 34 to 44, Block 12, to use the driveway for access to the public street system. 14. Utilize the existing driveway to the single-family home on Lot 26, Block 12. Pave the driveway to its full width (maximum 20-feet) and at least 3D-feet into the site beyond the edge of pavement of McMillan Road and install pavement tapers with IS-foot radii abutting the roadway edge. Said driveway may be utilized until the existing home located FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDNISION (AZ-03-0 13) PAGE 6 OF 27 on the lot is torn down or converted to another use. At the time of re-development, access to Lot 26, Block 12, from McMillan Road may be prohibited by ACHD. The applicant shall provide an access easement or frontage to Lot 26, Block l2, from Summit Way or the L-O zoned lots to the west. 15. Unless otherwise approved by District staff, the applicant shall construct Ballinger Avenue, Chimney Peak Avellue, Cody Creek Way, Summit Way, Green Mountain Drive, Bird Wing Court, Dove Ridge Drive, Stone Pond Drive, Sage Springs Drive, Kelly Creek Avenue and Wapoot Avenue as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks, all within 50-feet of right-of-way. 16. Construct District approved turnarounds for Bird Wing Court, Summit Way and Dove Ridge Drive (if Dove Ridge Drive is constructed as a public roadway and not a private roadway). 17. Pave the private driveway/street off of Chimney Peak Avenue, between Lots 17 and 22, Block 10, its full width and at least 30-feet into the site beyond the edge of pavement of the abutting roadway. ACHD does not make any assurances that the private road that is a part of this application will be accepted as a public road if such a request is made in the future. Substantial redesign and reconstruction costs may be necessary in order to qualify this road for public ownership and maintenance. The following requirements must be met if the applicant wishes to dedicate the roadway to ACHD: 1. Dedicate a minimum of 50-feet of right-of-way for the road. 11. Construct the roadway to the minimum ACHD requirements. 18. Extend Wapoot Avenue from the west property line located approximately 125-feet south of the north property line, as proposed. 19. Extelld Apgar Creek Street from the west property line located approximately 690-feet south ofWapoot Avenue (measured centerline to centerline), as proposed. 20. Extend Ballinger Avenue from the north property line located approximately 625-feet east of the west property line, as proposed. 21. Extend Chimney Peak A venue from the north property line located approximately 1,090- feet east of Ballinger Avenue (measured centerline to centerline), as proposed. 22. Other than the access points specifically approved with this application, direct lot or parcel access to McMillan Road and Linder Road is prohibited. Lot access restrictions, as required with this application, shall be stated 011 the final plates). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 7 OF 27 23. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. 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. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building pennit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in confonnance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verifY all existing utilities within the right-of- way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDNISION (AZ-03-013) PAGE 8 OF 27 authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obta(n written confirmation of any change from the Ada County Highway District. 11. 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. C. Adopt the Meridian Fire Department Recommendations as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Commercial and office occupancies will require a fire-flow consistent with the Unifonn Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 3. Acceptance of the water supply for fire protection will be by the Meridian Water Departmellt. 4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department thm the Public Works Department. 5. All roads shall have a turning radius of28' inside and 48' outside. 6. Operational fire hydrants and temporary or pennanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 7. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 8. A minimum oftwo points of access will be required for any portion of the project, which serves more than 50 homes. UFC 902.2.1 9. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost ofthis installation is to be borne by the developer FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 9 OF 27 D. Adopt the Recommel}dation of Settlers Irrigation District as follows: 1. All irrigation/drainage facilities along with their easements must be protected and continue to function. 2. All storm drainage must be retained on-site. 3. The development must supply irrigation access to all lots within the above-named subdivision. If the developer wishes to have Settlers Irrigation DistI1ct own} operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre-construction meeting. E. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stonnwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtaill current best management practices for stonnwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. Adopt the action ofthe City Council taken at their August 5, 2003 meetillg as follows: For clarification: 1. The applicant is providing about four and a half acres for a park in the center ofthe residential project, including a tot lot, basketball court and an open play field, along with landscaping. 2. The applicant is providing an interconnected system of pathways to help split long blocks, and to help promote and enhance pedestrian access to the public road FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 10 OF 27 network. 3. The applicant is providing almost ten percent of open space, as well as the interconnecting system of pathways. 4. The applicant provided a sketch, dated 7-15-03 by J-U-B Engineers, Inc., showing how the streets align between Lochsa Falls and Kelly Creek at Apgar Creek Street. A proposed street modification to allow the centerline of Apgar Creek to align with the centerline of the 30 foot wide private driveway to the west ofthe main entry street, has been drawn by hand on the sketch. The deflection angle is less than the 20 degrees allowed by ACHD and shall meet the District's intersection requirements. 5. The applicant provided a conceptual layout showing how the maximum project would layout. The present conceptual plat allows for 214 single family dwelling lots and said conceptual layout is approved as submitted to the Council at their August 5, 2003 meeting, with the understanding the applicant shall be required to provide a detailed plat for approvaL 6. The applicant also stated at the August 5, 2003 hearing that they are sharing an irrigation system with Lochsa Falls, which presently Lochsa Falls is building the pump station that will serve both developments. The system is requiring a l6 inch water line. 7. The applicant shall be required to work with the school district on the driveways needed for the district, and said driveways shall be shown on the approved plat. 8. The applicant shall provided an L-type turnaround for fire or emergency vehicles to turn around, but the L-type turnaround shall have to meet the approval of the Meridian Fire Department. 9. The applicant is providing 214 single family building lots and 15 other lots on the 79.77 acres in size, including right-of-way. 13. It is found that the requested zoning designation, R-8, is hannonious with and in accordance with the adopted Comprehensive Plan Future Land Use Map, which designates the land to be "Medium Density Residential". The requested L-O and C-G zones do not comply with the Future Land Use Map, but can be approved under the us exception provisions of Ordinance 12-6-3. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 11 OF 27 14. It is not anticipated that the land to be annexed will be rezoned in the future. - . 15. It is found that the property will be developed in a manner consistent with the proposed zoning and/or consistent with allowable Planned Development uses. 16. It is found that the annexation and zoning of the Bridgetower Subdivision to the south, Lochsa Falls to the north and west, and Paramount to the east is a significant change in the area. All such developments were also approved as planned developments with land use exceptions. The two arterial streets abutting the project are not planned for improvements in Ada County Highway District's Five Year Work Program. 17. It is found that the proposed uses match the intended character of the vicinity, as noted on the Generalized Land Use Map. It is also found that the proposed uses can be designed and constructed in a manner that will be hannonious with and appropriate in appearance with the existing and intended character of the surrounding area. The proposed use exceptions are located adjacent to other similar use exceptions granted to surrounding developments. The existing character ofthe area will change, especially upon build-out of the proposed project, but it will not adversely change the essential character of the area. 18. It is not anticipated that the proposed uses will be hazardous or disturbing to future or existing neighbors. 19. The Meridian Fire Department has submitted a list of conditions and needs in order to adequately serve the project. The ACHD Commission acted on the application at their July 2, 2003 meeting, and their conditions are listed in number 12 above. Water and sanitary sewer service to phase one will be readily available to the north from phase 3 of Lochsa Falls Subdivision which is FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-0 13) PAGE 12 OF 27 currently ullder construction. Further phases of this development will be dependent upon a sanitary - . sewer extension to the west through future phases of the Lochsa Falls project. 20. If approved, the developer will be fillancing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. It is found that there will not be excessive additional requirements at public cost for public services and facilities and that the annexation and zoning will not be detrimental to the community's ecollomic welfare. 2l. It is found that the proposed residential, office and commercial uses themselves will not be detrimental. It is also found that the proposed uses will create additional traffic on adjacent arterial roads. The Traffic Impact Study provided by the applicant to ACHD states that the development is estimated to generate 3,772 additional vehicle trips per day with a peak traffic volume of 352 vehicle trips per hours. It is also noted that the mixed use nature of the proposed development will encourage a higher degree oftrip capture within the square mile. In this regard, the "excessive production" of traffic is lessened versus a project without accessible neighborhood services. It is not anticipated that the proposed uses will create noise, smoke, fumes, glare or odors. 22. It is found that ACHD staff has reviewed and recommended approval ofthe vehicular approaches to the residential areas of Kelly Creek Subdivision off of Linder and McMillan Roads. The proposed access points to the commercial and office areas are found to violate ACHD's offset requirements and must be redesigned per ACHD requirements. It is also found that the applicant has proposed internal connections to adjacent properties by connecting to the four stub streets provided by Lochsa Falls. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 13 OF 27 23. It is found that no natural or scenic features of major importance will be lost or damaged by approval of this annexation request. The land is currently in agricultural production with 110 historic structures or significant natural features. 24. It is found that the annexation ofthis property would be in the best interest of the City. 25. 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. 12, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 26. It is also found that the development considerations as referenced in Finding No. 12 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 ofthe 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. 27. The City Council recognizes the letter of Daniel Gibson dated July 29,2003, wherein he approves the relocation ofW. Apgar Creek Street, which is within his property boundaries approximately 50 feet to the north, upon the issues addressed within this paragraph. Mr. Gibson is willing to allow the relocation to occur based on the assurance of the acceptability FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 14 OF 27 by the Ada County Highway District. (ACHD memo from Christy Richardson dated July 17, 2003.) If Mr. Gibson can receive written assurance that this relocation will not result in a future requirement that he relocate the access easement to the west, thell he is willing to agree to the proposed relocation change. If this is not possible, then the proposed Kelly Creek plat should be revised to recognize the alignment of West Apgar Street as depicted in the approved Lochsa Falls Preliminary Plat. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real propelty upon written request for allnexation 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 9 11-16 provides the City may annex real property that is within the Meridiall 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 cOllditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Plannillg Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 4. The zoning of (R-8) Medium Density Residential, (L-O) Limited Office, and (C-G) General Retail And Service Commercial are defined in the Zoning Ordinance at 9 11-7-2 D, G and K as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 15 OF 27 (R-8) Medium Density Residential District: The purpose of the R-8 District is to permit the establishment of ~ingle- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. (L-O) Limited Office District: The purpose of the L~O District is to permit the establisbmellt of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose ofthis District. The L-O District is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system of the City is a requirement in this District. (C-G) General Retail And Service Commercial District: The purpose of the C-G District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation ofland. See Burt vs. The City ofldaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if anllexed, 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, and Zoning and Subdivision and Development Ordinance of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 16 OF 27 8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. 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 79.77 acres in size, including right-of-way, to Medium Density Residential (R-8), Limited Office (L-O), and General Retail And Service Commercial (C-G) is granted subject to the terms and cOllditions of this Order hereinafter stated. 2. The application is for annexation and zoning of79. 77 acres in size, including right-of- way. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform to all the provisions ofthe City of Meridian Resolution No. l58. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to meet the conditions set forth and in the event the conditions herein 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 cOllditions of development, tOwwit: A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning Department as follows: 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 2. All irrigation ditches, laterals or canals, exclusive of natural waterways, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 17 OF 27 intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordi1)ance 12-4-13. Plans shall need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confinnation of said approval submitted to the Public Works Department. 3. A Development Agreement shall be required as part of this annexation request. The development agreement shall include all conditions of the annexation, preliminary plat, and conditional use permit/planned development. B. Adopt the Recommendations of the Ada County Highway District as follows: 1. These segments of Linder Road and McMillall Road are not listed in the adopted Capital Improvements Plan; therefore, impact fees cannot be used to purchase the right-of-way abutting the site. Right~of-way dedication is not required with this application. Ifthe applicant chooses to dedicate the right-of-way, ACHD will not provide compensation. The applicant shall do one ofthe following: 1. Dedicate by donation an additional 5-feet of right-of-way along McMillan Road (30-feet total from the current centerline) and an additional 13-feet of right-of-way along Linder Road (38-feet total from centerline), and construct a minimum 5-foot wide concrete sidewalk along McMillan Road and Linder Road. The sidewalk on McMillan Road shall be located a minimum of35-feet from the centerline ofthe existing roadway. The sidewalk on Linder Road should be located a minimum of 41-feet from the centerline of the right-of-way. Coordinate the location and elevation of the sidewalk with District staff. Provide the District with an easement for any portion of the sidewalk(s) that are not located within the right-of-way. 11. Dedicate by donation an additional 15-feet ofright-of-way along McMillan Road (40-feet total from the current centerline) and an additional 23-feet of right-of-way along Linder Road (48-feet total from centerline), and construct a millimum 5-foot wide concrete sidewalk along McMillan Road and Linder Road, located within the new right-of-way. The sidewalk on McMillan Road should be located a minimum of 35-feet from the centerline of the existing roadway. The sidewalk on Linder Road should be located a minimum of 41-feet from the centerline of the right-of- way. Provide the District with an easement for any portion of the sidewalk(s) that are not located within the right-of-way. Coordinate the location and elevation of the sidewalk with District staff. 111. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along McMillan Road and Linder Road in their ultimate locations. The sidewalk on McMillan Road should be located a minimum of 35-feet from the centerline ofthe existing roadway. The FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZw03-0 13) PAGE 18 OF 27 sidewalk on Linder Road should be located a minimum of 41- feet from the center!ine of the right-of-way. Provide the District with an easement for any portion of the sidewalk(s) that are not located within the right-of-way. IV. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along McMillall Road and Linder Road, located at the back edge of the existing right-of-way (if feasible). Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. Coordinate the location and elevation of the sidewalk with District staff. 2. Construct a separate westbound right-turn lane on McMillan Road at the Shadow Creek Way (now Wild Flower Drive) approach. The applicant may choose to install the auxiliary turn lane either when the phase abutting the subject auxiliary lane is being built, or when the warrant is met. If the later option is chosen, the necessary right-of-way needed to construct the subject auxiliary lane shall be dedicated with the abutting final plat phase and constructed when the warrant is met. The necessity for auxiliary lane construction (warrants) will be evaluated as each phase (final plat) is submitted. Coordinate the final design of the turn lane with District staff. 3. Construct a separate southbound right-turn lane on Linder Road at the Apgar Creek Street intersection. The applicant may choose to install the auxiliary turn lane either when the phase abutting the subject auxiliary lane is being built, or when the warrant is met. If the later option is chosen, the necessary right-of-way needed to construct the subject auxiliary lane shall be dedicated with the abutting final plat phase and constructed when the warrant is met. The necessity for auxiliary lane construction (warrants) will be evaluated as each phase (final plat) is submitted. Coordinate the final design of the turn lane with District staff. 4. Construct a separate northbound left-turn lane on Linder Road at Apgar Creek Street. The applicant may choose to install the auxiliary turn lane either when the phase abutting the subject auxiliary lane is being built, or when the warrant is met. Ifthe later option is chosen, the necessary right-of-way needed to COllstruCt the subject auxiliary lane shall be dedicated with the abutting final plat phase and constructed when the warrant is met. The necessity for auxiliary lane construction (warrants) will be evaluated as each phase (final plat) is submitted. Coordinate the final design of the turn lane with District staff. 5. Construct a taper off of Linder Road for southbound right turns at the Deer Crest Way approach. The applicant may choose to install the auxiliary turn lane either when the phase abutting the subject auxiliary lane is being built, or when the warrant is met. If the later option is chosen, the necessary right-of-way needed to construct the subject auxiliary lane shall be dedicated with the abutting final plat phase and constructed when the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-0 13) PAGE 19 OF 27 warrant is met. The necessity for auxiliary lane construction (warrants) will be evaluated as each phase (final p-Iat) is submitted. Coordinate the final design of the taper with District staff. 6. Construct Wild Flower Drive to intersect McMillan Road approximately 1,450-feet west of Linder Road, as proposed, The street shall be constructed with a 36-foot street section within 50-feet of right-of-way with curb, gutter and 5-foot wide concrete sidewalks. 7. Construct Apgar Creek Street to intersect Linder Road approximately 530-feet north of McMillan Road, as proposed. The street shall be constructed with a 36-foot street section within 50-feet of right-of-way with curb, gutter and 5-foot wide concrete sidewalks. 8. Construct Deer Crest Way to intersect Linder Road approximately 430-feet north of Apgar Creek Street and approximately 390-feet south of the approved Wild Goose Drive to the north, as proposed. The street shall be constructed with a 36-foot street section within 50-feet of right-of-way with curb, gutter and 5-foot wide concrete sidewalks. 9. Construct a commercial driveway on Linder Road located a minimum of 255-feet south of Apgar Creek Street and no closer than I 50-feet from McMillan Road (for right- in/right-out only). Pave the driveway its full width (maximum 35-feet) and at least 30-feet into the site beyond the edge of pavement of the adjacent roadway edge and install pavement tapers with 15-foot radii abutting the existing roadway edge. 10. Construct a commercial driveway on McMillan Road located approximately 250-feet west of Linder Road, as proposed. Pave the driveway its full width (maximum 35-feet) and at least 30-feet into the site beyond the edge of pavement of the adjacent roadway edge and install pavement tapers with 15-foot radii abutting the existing roadway edge. This driveway may be restricted to right-in/right-out movements in the future. 11. Construct a commercial driveway on McMillan Road located approximately 235-feet west of the first commercial driveway on McMillan Road and approximately 500-feet west of Linder Road, as proposed. Pave the driveway its full width (maximum 35-feet) and at least 30-feet illto the site beyond the edge of pavement of the adjacent roadway edge and install pavement tapers with 15-foot radii abuttillg the existing roadway edge. 12. Provide the District with a copy of a recorded cross-access agreement for Lots 45, 46, 47 and 48, Block 10, to use the three commercial driveways listed in COllditions 9, 10 and 11 above, for access to the public street system. 13. Construct a commercial driveway to serve the proposed L-O zoned lots, located in alignment (measured centerline to centerline) or offset from the approved Palatine Way on the south side of McMillan Road a minimum of 255-feet (measured near edge of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 20 OF 27 driveway to near edge of roadway). Provide the District with a copy of a recorded cross- access agreement forcLots 34 to 44, Block 12, to use the driveway for access to the public street system. 14. Utilize the existing driveway to the single-family home on Lot 26, Block 12. Pave the driveway to its full width (maximum 20-feet) and at least 30-feet into the site beyond the edge of pavement of McMillan Road and install pavement tapers with 15-foot radii abutting the roadway edge. Said driveway may be utilized until the existing home located on the lot is tom down or converted to another use. At the time of re-development, access to Lot 26, Block 12, from McMillan Road may be prohibited by ACHD. The applicant shall provide an access easement or frontage to Lot 26, Block 12, from Summit Way or the L-O zoned lots to the west. 15. Unless otherwise approved by District staff, the applicant shall construct Ballinger Avenue, Chimney Peak Avenue, Cody Creek Way, Summit Way, Green Mountain Drive, Bird Wing Court, Dove Ridge Drive, Stone Pond Drive, Sage Springs Drive, Kelly Creek Avenue and Wapoot Avenue as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks, all within 50-feet of right-of-way. 16. Construct District approved turnarounds for Bird Wing Court, Summit Way and Dove Ridge Drive (if Dove Ridge Drive is constructed as a public roadway and not a private roadway). 17. Pave the private driveway/street off of Chimney Peak Avenue, between Lots 17 and 22, Block 10, its full width and at least 30-feet into the site beyond the edge of pavement of the abutting roadway. ACHD does not make any assurances that the private road that is a part of this application will be accepted as a public road if such a request is made in the future. Substantial redesign and recollstruction costs may be necessary in order to qualifY this road for public ownership and maintenance. The following requirements must be met if the applicant wishes to dedicate the roadway to ACHD: 1. Dedicate a minimum of 50-feet of right-of-way for the road. 11. Construct the roadway to the minimum ACHD requirements. 18. Extend Wapoot Avenue from the west property line located approximately 125-feet south of the north property line, as proposed. 19. Extend Apgar Creek Street from the west property line located approximately 690-feet south ofWapoot Avenue (measured centerline to centerline), as proposed. 20. Extend Ballinger Avenue from the north property line located approximately 625-feet east of the west property line, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 21 OF 27 21. Extend Chimney Peal<: Avenue from the north property line located approximately 1,090- feet east of BaIlinger Avenue (measured centerline to centerline), as proposed. 22. Other than the access points specifically approved with this application, direct lot or parcel access to McMillan Road and Linder Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plates). 24. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavemellt less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. 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. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required penults), which incorporates any required design changes. 7. 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. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING KELLY CREEK SUBDNISION (AZ-03-013) PAGE 22 OF 27 way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The ,!pplicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change ill the tenus 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. 11. 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. D. Adopt the Meridian Fire Department Recommendations as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department thru the Public Works Department. 5. All roads shall have a turning radius of28' inside and 48' outside. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 7. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 23 OF 27 8. A minimum of two pojnts of access will be required for any portion of the project, which serves more than 50 homes. UFC 902.2.1 9. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer E. Adopt the Recommendation of Settlers Irrigation District as follows: 1. All irrigation/drainage facilities along with their easements must be protected and continue to function, 2. All stonn drainage must be retained on-site. 3. The development must supply irrigation access to all lots within the above-named subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre-construction meeting. F. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. RUl1woffis not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stonnwater management system that prevents groundwater and surface water degradation. G. Adopt the action ofthe City Council taken at their August 5, 2003 meeting as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 24 OF 27 For clarification: 1. The applicant is providing about four and a half acres for a park in the cellter of the residential project, including a tot lot, basketball court and an open play field, along with landscaping. 2. The applicant is providing an interconnected system of pathways to help split long blocks, and to help promote and enhance pedestrian access to the public road network. 3. The applicant is providing almost ten percent of open space, as well as the interconnecting system of pathways. 4. The applicant provided a sketch, dated 7-15-03 by J-U-B Engineers, Inc., showing how the streets align between Lochsa Falls and Kelly Creek at Apgar Creek Street. A proposed street modification to allow the centerline of Apgar Creek to align with the centerline of the 30 foot wide private driveway to the west of the main entry street, has been drawn by hand on the sketch. The deflection angle is less than the 20 degrees allowed by ACHD and shall meet the District's intersection requirements. 5. The applicant provided a conceptual layout showing how the maximum project would lay out. The present conceptual plat allows for 214 single family dwelling lots and said cOllceptual layout is approved as submitted to the Council at their August 5, 2003 meeting, with the understanding the applicant shall be required to provide a detailed plat for approval. 6. The applicant also stated at the August 5, 2003 hearing that they are sharing an irrigation system with Lochsa Falls, which presently Lochsa Falls is building the pump station that will serve both developments. The system is requiring a 16 inch water line. 7. The applicant shall be required to work with the school district on the driveways needed for the district, and said driveways shall be shown on the approved plat. 8. The applicant shall provided an L-type turnaround for fire or emergency vehicles to turn around, but the L-type turnaround shall have to meet the approval ofthe Meridian Fire Department. 9. The applicant is providing 214 single family building lots and 15 other lots on the 79.77 acres in size, including right-of-way. 4. The City Attorney shall prepare for consideration by the City Council the appropriate FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-0 13) PAGE 25 OF 27 ordinance for the annexation and zoning designatioll of the real property which is the subject of the application to (R-8) Medium Density Residential District, (L-O) Limited Office District, and (C-G) General Retail Alld Service Commercial District, Meridian City Code @ 11-7-2. 5. 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 @ 11-21 ~ 1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 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 anllexation 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 19/~ day of 4?,[ L- ROLL CALL ,2003. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDNISION (AZ-03-013) PAGE 26 OF 27 COUNCILMAN KEITH BIRD VOTED*~ COUNCILWOMAN TAMMY deWEERD VOTED ~i-- COUNCILWOMAN CHERIE Mc CANDLESS VOTED ~C"- COUNCILMAN WILLIAM L.M. NARY VOTED$tL MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: g-!f/--t?3 VOTED - MOTION: APPROVED:~ DISAPPROVED: ~~~,"-- -===- Mayor 0 ert D. Corrie" Attest: William G. Berg, Jr., Cit CI rk ~ l' f? ~ c..Q ~~ 0:: ~ '7", uSr jS\ ' 'Co.$ '/ v-</ x' " Copy served upon Applicant, the Pla;:rifni~frltt(21)rtin~r>~~artment, Public\\WAfk:~pepartment and 111t'11I11\\\ 1\\1 III the City Attorney. ' "'\'\~I Of IviEFt///III/1 .::::-...' :<. '\ -~~i. "''''''''' ...." 0 K\POR.A 11,...-;. 2" cP '1/'(-', ~ i/ 2 ~ 0 ~ By:d/?:a-~~~ ~Dated: i~/9--tl3 ~ SEAL ~ City Clerk v ~ "Y-,_ c? j -:;. -Qu "0 :: ~ ~~ 'Sr 15"\ . ~ ~ Z:\ Work\M\Melidian\Meridian I 5360MIKelly Creek Sub AZ-03-0 13 PP-03-0 14 CUP-03-028\AZFlt)~er. "'~, ,$ // Co I \v " /'111 UNT'\, 1\1'\ FINDINGS OF FACT AND CONCLUSIONS OF LAW 1/0//11111111\\\1\1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 27 OF 27 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR KELLY CREEK SUBDIVISION FOR A PLANNED DEVELOPMENT CONSISTING OF 214 BUILDING LOTS AND 15 OTHER LOTS ON 79.77 ACRES, INCLUDING RIGHT-OF-WAY IN PROPOSED R-8, L-O AND C-G ZONES, LOCATED AT THE NORTHWEST CORNER OF NORTH LINDER ROAD AND WEST McMILLAN ROAD, MERIDIAN, IDAHO BY: KEVIN HOWELL CONSTRUCTION, APPLICANT C/C 08/05/03 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. PP-03-014 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on August 5, 2003, alld Anna Powell Planning Director for the Planning and Zoning Department, Darin Fluke, Tony Moss, and Daniel Gibson, appeared and testified, and the City Council having received a report from Steve Siddoway Planner II for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zonillg Commission and the applicant having submitted the "FULFER DEVELOPMENT MERIDIAN, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT KELLY CREEK SUBDIVISION I (pP-03-014) PAGE 1 OF 17 ADA COUNTY, IDAHO, KELLY CREEK PRELIMINARY PLAT, DRAWN BY: EL, DESIGN BY: SAP, CHECKED BY: GAL, PROJECT NO. 11913, SHEET 1 OF 9, HANDWRITTEN DATE: 8-5-03, F:\ProjectManagers\GAL\11913\11913- Drafting\dwg\11913_PP01.dwg, HANDWRITTEN DATE: 5-9-03, Kevin Howell Construction- Owner/Developer, J-U-B Engineers, Inc. - Engineers Surveyors Planners", Kevin Howell Construction, Developer, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code S 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Amended Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Amended Comprehensive Plan Map, adopted August 6,2002, Resolution No. 02-382, and the property is presently zoned RUT by Ada County, however, an application for annexation and zoning to R-8, L-O and C-G is before the Council, and requires connection to the Municipal Water and Sewer System. [Meridian City Code S 11-7-2 D, G, and K] 2. The preliminary plat is in conformance with the Amellded Comprehensive Plan City of Meridian adopted August 6,2002, Resolution No. 02-382. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT KELLY CREEK SUBDIVISION / (pP-03-014) PAGE 2 OF 17 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions, which are requested by the Planning and Zoning Administrator and the Engineering Teclmician III, and as proposed by the developer as stated on the preliminary plat, there will be public financial capability of supporting services for the proposed development. The developer is installing sewer, water, local street infrastructure, utilities and irrigation. 5. The development ifbuilt in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "FULFER DEVELOPMENT MERIDIAN, ADA COUNTY, IDAHO, KELLY CREEK PRELIMINARY PLAT, DRAWN BY: EL, DESIGN BY: BAP, CHECKED BY: GAL, PROJECT NO. 11913, SHEET 1 OF 9, HANDWRITTEN DATE: 8-5-03, F:\ProjectManagers\GAL\11913\ 1 1 913-Drafting\dwg\1 1913 _PPOI.dwg, HANDWRITTEN DATE: 5-9-03, Kevin Howell Construction - Owner/Developer, J-U-B Engineers, Inc. - Engineers Surveyors Planners". The applicant's preliminary plat approval request is for 214 residential lots, 4 commercial lots, 10 office lots, and 15 other lots. The other lots include common open space, street buffers, micropaths, and stonn water lots. The proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT KELLY CREEK SUBDNISION I (pP-03-014) PAGE 3 OF 17 residential gross density of the subdivision is 3.08 dwelling units per acre; net density is 4.95 dwelling units per acre. Proposed lot sizes range from 6,000 s.f. to 12,000 s.f. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "FULFER DEVELOPMENT MERIDIAN, ADA COUNTY, IDAHO, KELLY CREEK PRELIMINARY PLAT, DRAWN BY: EL, DESIGN BY: BAP, CHECKED BY: GAL, PROJECT NO. 11913, SHEET 1 OF 9, HANDWRITTEN DATE: 8-5-03, F:\ProjectManagers\GAL\1l913\11913- Drafting\dwg\11913_PP01.dwg, HANDWRITTEN DATE: 5-9-03, Kevin Howell Construction - Owner/Developer, J-U-B Engineers, Inc. - Engineers Surveyors PlaImers", Kevin Howell Construction, Developer is hereby conditionally approved; alld 2. The conditions of approval are as follows to-wit: A. Adopt the Special Recommendations of the PlaIming and Zoning Commission as follows: 1. This approval shall be referenced to the Preliminary Plat provided by the applicant and stamped by the City of Meridian July 3,2003. 2. The applicant has verified the number oflots for the project, which are 214 building lots and 15 other lots. 3. The L-O zone and C-G zone areas show conceptual layouts only and are not beillg platted at this time within those zones. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT KELLY CREEK SUBDNISION / (pP-03.014) PAGE 4 OF 17 B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the P&Z Commission, as follows: 1. The applicant has provided a letter from the developer(s) of Lochsa Falls Subdivision stating that they are in agreement to shift the location of W. Apgar Creek Street as depicted on the proposed preliminary plat for Kelly Creek Subdivision. The shift would formally occur upon final plat of that POrtiOIl of Lochsa Falls. If the applicant cannot obtain such a letter, the preliminary plat must be redesigned to conform to the approved stub location. 2. Water and sanitary sewer service to phase one will be readily available to the north from phase 3 of Lochsa Falls Subdivision which is currently under construction. Future phases of this development will be dependent upon a sanitary sewer extension to the west through future phases of the Lochsa Falls project. The applicallt, at applicant's cost, may extend the sewer through McMillan Road if Lochsa Falls' sewer line is not ready. 3. Modify the plat to accommodate the future right-of-way as required by ACHD along McMillan and Linder Roads. All future right-of way shall be located on a separate common lot. Add McMillan and Linder Road names to the preliminary plat map. 4. In accordance with Ordinance 12-13-10-8, Applicant shall construct detached sidewalks adjacent to McMillan Road and Linder Road. The minimum width of the parkway area between the future curb and sidewalk is five (5) feet. In any parkway areas less than ten feet wide, tree plantings within the parkways will be restricted to either Class I or Class II trees. 5. Street buffers along McMillan and Linder Roads shall include 25 feet oflandscaping and may be measured from the future back of curb, since detached sidewalks are required. If the right-of-way ends at the back of curb, the width of the landscape buffer common lot shall be at least 30 feet wide to provide a full 25 feet of landscaping exclusive of the sidewalk width. 6. Fencing details shall be submitted with the Final Plat application for perimeter fencillg. All fences shall taper down to 3 feet maximum within 20 feet of all right- of-way. Micropath fencing shall be shown per Ordinance 12-13-15-9. Fencing is also required by the developer along the east and west sides of the central park for a consistent appearance from within the park. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT KELLY CREEK SUBDIVISION / (pP-03-014) PAGE 5 OF 17 7. Revise preliminary plat note 3 to include rear lot lines to the list oflines having 10- foot wide easements for public utilities, drainage, and irrigation. 8. A detailed landscaping plan and performance specifications for the common area pressurized irrigation system shall be submitted with the final plat application. 9. The phasing schedule may apply to the residential portions ofthe subdivision only. If the applicant/developer determines that the office/commercial property can or should be developed in an order that is not consistent with the phasing schedule, they may request final plat approval of said phases in a non-sequential manner without revising the preliminary plat. All development; however, must be contiguous to a previously approved phase. GENERAL COMMENTS (preliminary plat) 1. Submit a copy ofthe Ada County Street Name Committee's final approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. Two-hundred-fiftyand one-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Departmellt. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 5. Underground pressurized irrigation must be provided to all landscape areas on site. Applicant shall be required to utilize any existing surface or well water for the primary source. Applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained by the Settler's Irrigation District. 6. Perimeter fencing shall be required, unless otherwise agreed upon in writing by the Planning Director. No fencing will be pennitted within the required lalldscape buffers. The Applicant shall address the type of fencing planlled at the P&Z Commission public hearing. Submit detailed fencing plans for review and approval with submittal of the Final Plat. All required fencing is to be in place prior to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT KELLY CREEK SUBDIVISION / (pP-03-014) PAGE 6 OF 17 issuance of building permits. A letter of credit or cash will be required for these fences prior to signature on the final plat. Perimeter fencing shall be installed prior to obtaining building permits. 7. A detailed landscape plan for the common areas, including pathways and types of construction, shall be submitted for review and approval with the submittal of the final plat applications. The plan must include sizes and species of trees, shrubs, berminglswale details, and all proposed ground cover/treahnent. A letter of credit or cash surety in the amoullt of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the Final Plat. 8. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confinnation of said approval submitted to the Public Works Department. 9. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 10. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 1 OO-year storm events, and for a period oftime not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1. 11. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches oftrees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 12. Submi t updated groundwater/soils monitoring data to the Public Works Department for review. The project engineer should pay close attention to the results of field studies detennining the groundwater, soil type & and characteristics during the design and construction phases. The engilleer shall be required to certify that the street centerline elevations are set a minimum of3-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above groundwater. C. Adopt the Recommelldations of ACHD as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT KELLY CREEK SUBDIVISION I (pP-03-014) PAGE 7 OF 17 1. These segments of Linder Road and McMillan Road are not listed in the adopted Capital Improvements Plan; therefore, impact fees cannot be used to purchase the right-of-way abutting the site. Right-of-way dedication is not required with this application. Ifthe applicant chooses to dedicate the right-of-way, ACHD will not provide compensation. The applicant shall do one of the following: 1. Dedicate by donation an additional5-feet of right-of-way along McMillan Road (30-feet total from the current centerline) and an additional13-feet of right-of-way along Linder Road (38-feet total from centerline), and construct a minimum 5-foot wide concrete sidewalk along McMillan Road and Linder Road. The sidewalk on McMillan Road shall be located a minimum of35-feet from the centerline of the existing roadway. The sidewalk on Linder Road should be located a minimum of 41- feet from the centerline of the right-of-way. Coordinate the location and elevation of the sidewalk with District staff. Provide the District with an easement for any portion of the sidewalk(s) that are not located within the right-of-way. 11. Dedicate by donation an additional 15-feet of right-of-way along McMillan Road (40-feet total from the current centerline) and an additional 23-feet of right-of-way along Linder Road (48-feet total from centerline), alld construct a minimum 5-foot wide concrete sidewalk along McMillan Road and Linder Road, located within the new right-of-way. The sidewalk on McMillan Road should be located a minimum of35-feet from the centerline of the existing roadway. The sidewalk on Linder Road should be located a minimum of 41- feet from the centerline of the right-of-way. Provide the District with an easement for any portion ofthe sidewalk(s) that are not located within the right-of-way. Coordinate the location and elevation of the sidewalk with District staff. 111. Do not dedicate additional right-of-way, but construct a minimum 5- foot wide concrete sidewalk along McMillan Road and Lillder Road in their ultimate locations. The sidewalk on McMillan Road should be located a minimum of 35-feet from the centerline of the existing roadway. The sidewalk on Linder Road should be located a minimum of 4l-feet from the centerline ofthe right-of-way. Provide the District with an easement for any portion ofthe sidewalk(s) that are not located within the right-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT KELLY CREEK SUBDIVISION I (pP-03-014) PAGE 8 OF 17 IV. Do not dedicate additional right-of-way, but construct a minimum 5- foot wide concrete sidewalk along McMillan Road and Linder Road, located at the back edge of the existing right-of-way (if feasible). Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. Coordinate the location and elevation of the sidewalk with District staff. 2. Construct a separate westbound right-turn lalle on McMillan Road at the Shadow Creek Way (now Wild Flower Drive) approach. The applicant may choose to install the auxiliary turn lane either when the phase abutting the subject auxiliary lane is being built, or when the warrant is met. If the later option is chosen, the necessary right-of-way needed to construct the subject auxiliary lane shall be dedicated with the abutting final plat phase and constructed when the warrant is met. The necessity for auxiliary lane construction (warrants) will be evaluated as each phase (final plat) is submitted. Coordinate the final design of the turn lane with District staff. 3. Construct a separate southbound right-turn lane on Linder Road at the Apgar Creek Street intersection. The applicant may choose to install the auxiliary turn lane either when the phase abutting the subject auxiliary lane is being built, or when the warrant is met. If the later option is chosen, the necessary right-of-way needed to construct the subject auxiliary lane shall be dedicated with the abutting final plat phase and constructed when the warrant is met. The necessity for auxiliary lane construction (warrants) will be evaluated as each phase (final plat) is submitted. Coordinate the final design of the turn lalle with District staff. 4. Construct a separate northbound left-turn lane on Linder Road at Apgar Creek Street. The applicant may choose to install the auxiliary turn lane either when the phase abutting the subject auxiliary lane is being built, or when the warrant is met. If the later option is chosen, the necessary right-of-way needed to construct the subject auxiliary lane shall be dedicated with the abutting final plat phase and constructed when the warrant is met. The necessity for auxiliary lane construction (warrants) will be evaluated as each phase (final plat) is submitted. Coordinate the final design of the turn lane with District staff. 5. Construct a taper off of Linder Road for southbound right turns at the Deer Crest Way approach. The applicant may choose to install the auxiliary turn lane either when the phase abutting the subject auxiliary lane is being built, or when the warrant is met. If the later option is chosen, the necessary right-of-way needed to construct the subject auxiliary lane shall be dedicated with the abutting final plat phase and constructed when the warrant is met. The necessity for auxiliary lane FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT KELLY CREEK SUBDIVISION / (pP-03-014) PAGE90F 17 construction (warrants) will be evaluated as each phase (final plat) is submitted. Coordinate the final design of the taper with District staff. 6. Construct Wild Flower Drive to intersect McMillan Road approximately 1,450- feet west of Linder Road, as proposed. The street shall be constructed with a 36- foot street section within 50-feet ofright-of~way with curb, gutter and 5-foot wide concrete sidewalks. 7. Construct Apgar Creek Street to intersect Linder Road approximately 530-feet north of McMillan Road, as proposed. The street shall be constructed with a 36- foot street section within 50-feet of right-of-way with curb, gutter and 5-foot wide concrete sidewalks. 8. Construct Deer Crest Way to intersect Linder Road approximately 430-feet north of Apgar Creek Street and approximately 390-feet south of the approved Wild Goose Drive to the north, as proposed. The street shall be constructed with a 36- foot street section within 50-feet of right-of-way with curb, gutter and 5-foot wide concrete sidewalks. 9. Construct a commercial driveway on Linder Road located a minimum of 255-feet south of Apgar Creek Street alld no closer than 1 50-feet from McMillan Road (for right-inlright-out only). Pave the driveway its full width (maximum 35-feet) and at least 30-feet into the site beyond the edge of pavement ofthe adjacent roadway edge and install pavement tapers with I5-foot radii abutting the existing roadway edge. 10. Construct a commercial driveway on McMillan Road located approximately 250- feet west of Linder Road, as proposed. Pave the driveway its full width (maximum 35-feet) and at least 30-feet into the site beyond the edge of pavement of the adjacent roadway edge and install pavement tapers with I5-foot radii abutting the existing roadway edge. This driveway may be restricted to right~ in/right-out movements in the future. 11. Construct a commercial dtiveway 011 McMillan Road located approximately 235- feet west of the first commercial driveway on McMillan Road and approximately 500-feet west of Linder Road, as proposed. Pave the driveway its full width (maximum 35-feet) and at least 30-feet into the site beyond the edge of pavement of the adjacent roadway edge and install pavemellt tapers with I5-foot radii abutting the existing roadway edge. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT KELLY CREEK SUBDNISION! (pP-03-014) PAGE 10 OF 17 12. Provide the District with a copy of a recorded cross-access agreement for Lots 45,46,47 and 48, Block 10, to use the three commercial driveways listed in Conditions 9, 10 and 11 above, for access to the public street system. 13. Construct a commercial driveway to serve the proposed L-Q zoned lots, located in alignment (measured centerline to centerline) or offset from the approved Palatine Way on the south side of McMillan Road a minimum of255-feet (measured near edge of driveway to near edge of roadway). Provide the District with a copy of a recorded cross-access agreement for Lots 34 to 44, Block 12, to use the driveway for access to the public street system. 14. Utilize the existing driveway to the single-family home on Lot 26, Block 12. Pave the driveway to its full width (maximum 20-feet) and at least 30-feet into the site beyond the edge of pavement of McMillan Road and install pavement tapers with l5-foot radii abutting the roadway edge. Said driveway may be utilized until the existing home located on the lot is tom down or converted to another use. At the time of re-development, access to Lot 26, Block 12, from McMillan Road may be prohibited by ACHD. The applicant shall provide an access easement or frontage to Lot 26, Block 12, from Summit Way or the L-Q zoned lots to the west. 15. Unless otherwise approved by District staff, the applicant shall construct Ballinger Avenue, Chimney Peak Avenue, Cody Creek Way, Summit Way, Green Mountain Drive, Bird Wing Court, Dove Ridge Drive, Stone Pond Drive, Sage Springs Drive, Kelly Creek Avenue and Wapoot Avenue as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks, all within 50-feet of right-of-way. 16. Construct District approved turnarounds for Bird Wing Court, Summit Way and Dove Ridge Drive (if Dove Ridge Drive is constructed as a public roadway and not a private roadway). 17. Pave the private driveway/street off of Chimney Peak Avenue, between Lots 17 and 22, Block 10, its full width and at least 30-feet into the site beyond the edge of pavement of the abutting roadway. ACHD does not make any assurances that the private road that is a part of this application will be accepted as a public road if such a request is made in the future. Substantial redesign and reconstruction costs may be necessary in order to qualify this road for public ownership and maintenance. The following requiremellts must be met if the applicant wishes to dedicate the roadway to ACHD: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPRO V AL OF PRELIMINARY PLAT KELLY CREEK SUBDIVISION I (pP-03-014) PAGE 11 OF 17 1. Dedicate a minimum of 50-feet of right-of-way for the road. 11. Construct the roadway to the minimum ACHD requirements. 18. Extend Wapoot Avenue from the west property line located approximately 125- feet south of the north property line, as proposed. 19. Extend Apgar Creek Street from the west property line located approximately 690-feet south ofWapoot Avenue (measured centerlille to centerline), as proposed. 20. Extend Ballinger A venue from the north property line located approximately 625-feet east of the west property line, as proposed. 21. Extend Chimney Peak Avenue from the north property line located approximately I,090-feet east of Ballinger Avenue (measured centerline to centerline), as proposed. 22. Other than the access points specifically approved with this application, direct lot or parcel access to McMillan Road and Linder Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plates). 23. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are 110t allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplemellts, Construction Services procedures and all applicable ACHD Ordinances unless FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT KELLY CREEK SUBDNISION I (pP-03-014) PAGE 12 OF 17 specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building pennit (or other required permits), which incorporates allY required design changes. 7. Construction, use and property development shall be in confonnance with all applicable requirements ofthe Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. 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. 11. Any change by the applicant in the planned use of the property which is the subject ofthis 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 ofthe 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. D. Adopt the Meridian Fire Department Recommendations as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT KELLY CREEK SUBDNISION / (pP-03-014) PAGE 13 OF 17 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Commercial and office occupancies will require a fire-flow consistent with the Unifonn Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department thru the Public Works Department. 5. All roads shall have a turning radius of28' inside and 48' outside. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 7. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 8. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. UFC 902.2.1 9. The fire department requests that any future signalizatioll installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost ofthis installation is to be borne by the developer. E. Adopt the Recommendation of Settlers Irrigation District as follows: 1. All irrigation/drainage facilities along with their easements must be protected and continue to function. 2. All storm drainage must be retained on-site. 3. The development must supply irrigation access to all lots within the above- named subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre-construction meeting. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT KELLY CREEK SUBDIVISION I (PP-03-014) PAGE 14 OF 17 F. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Enviromnental Quality. 3. Run-offis not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a storm water management system that prevents groundwater and surface water degradation. F. Adopt the action of the City Council taken at their August 5, 2003 meeting as follows: For clarificatioll: 1. The applicant is providing about four and a half acres for a park in the center of the residential project, including a tot lot, basketball court and an open play field, along with landscaping. 2. The applicant is providing an interconnected system of pathways to help split long blocks, and to help promote and enhance pedestrian access to the public road network. 3. The applicant is providing almost ten percent of open space, as well as the interconnecting system of pathways. 4. The applicant provided a sketch, dated 7-15-03 by J-U-B Engineers, Inc., showing how the streets align between Lochsa Falls and Kelly Creek at Apgar Creek Street. A proposed street modification to allow the centerline of Apgar Creek to align with the centerline of the 30 foot wide private FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT KELLY CREEK SUBDIVISION I (PP-03-014) PAGE 15 OF 17 driveway to the west ofthe main entry street, has been drawn by hand on the sketch. The deflection angle is less than the 20 degrees allowed by ACHD and shall meet the District's intersection requirements. 5. The applicant provided a conceptual layout showing how the maximum project would layout. The present conceptual plat allows for 214 single family dwelling lots and said conceptual layout is approved as submitted to the Council at their August 5, 2003 meeting, with the understanding the applicant shall be required to provide a detailed plat for approval. 6. The applicant also stated at the August 5, 2003 hearing that they are sharing an irrigation system with Lochsa Falls, which presently Lochsa Falls is building the pump station that will serve both developments. The system is requiring a 16 inch water line. 7. The applicant shall be required to work with the school district on the driveways needed for the district, and said driveways shall be shown on the approved plat. 8. The applicant shall provided an L-type turnaround for fire or emergency vehicles to turn around, but the L-type turnaround shall have to meet the approval of the Meridian Fire Department. 9. The applicant is providing 214 single family building lots and 15 other lots on the 79.77 acres in size, including right-of-way. NOTICE OF RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. la-l/~ By action of the City Council at its regular meeting held on the ~ day of M<-rf'C ,2003. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT KELLY CREEK SUBDIVISION / (PP-03-014) PAGE 16 OF 17 ROLL CALL COUNCILMAN BIRD VOTED~ VOTED~ COUNCILWOMAN deWEERD COUNCILWOMAN McCANDLESS VOTED~ COUNCILMAN NARY VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED ' -~-19~~~ \IIMaY(!)J.lIE-Rbert D. Corrie \"' .: i\JJ(~ '"' '1/ ,,\' _I 01 ;'1;11:::',"/0 11// ,...... :'\, '\ %<1.. /~ ~ c} O'\'.POi'1.~ 1: "V <;-... ~ -"v -$'0 -:;. ~ ~~ ~ 3 ~ ; SEAL ~ 1') William G. Berg, J1'., City lerk ... c..Q. "C)o 0 :: ~"1() (;s.,.. 16\ ' ,(, 2 ..... ~ "A:/ '1r,; ~ ,....."" Copy served upon Applicant, The Plannrilg ai'mf.4Pf1~ng'D\et5artment, Public Wor~$.lllIllllllfllllll '1,/ '-".. ,I' ,\ O~ h'~t~ 'II Department and City Attorney. fJll11i11 H,.\\II\ ,\'\-{I j;:..:(fl{) 1,;:.- ,.....' ~"\ ~---__ <'o,~~-:o;1_ /'~. / J L /I. (/ f (j ~00DPO;7A;{"6 '1.. '\ By:--dt~~/d:/~r Dated: $-;9--tJ.3 I ~ City Clerk -- Attest: ... ... Z:\ Work\M\Mcridian\Meridian [5360MlKclly Creek Sub AZ-03-0 13 PP.03-0 14 CUP-03-028\FfCIsOrdPP.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT KELLY CREEK SUBDIVISION I (pP-03-014) PAGE 17 OF 17 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR KELLY CREEK SUBDIVISION IN AN R-8, L-O, AND C-G ZONE, LOCATED AT THE NORTHWEST CORNER OF NORTH LINDER AND WEST McMILLAN ROADS, MERIDIAN, IDAHO KEVIN HOWELL CONSTRUCTION, APPLICANT C/C 08/05/03 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-03-028 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on August 5, 2003 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Allna Powell Planning Director for the Planning and Zoning Department, Darin Fluke, Tony Moss, and Daniel Gibson, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 31 FINDINGS OF FACT 1. A notice of a public hearing on the conditional use pennit was published for two (2) consecutive weeks prior to the said public hearing scheduled for August 5, 2003, 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 the 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 August 5,2003, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction ofthe 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 forth in Idaho Code ~67~6509, 6512, and Meridian City Code ~~ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and ProofofPosting filed with the staff report. 3. This proposed development request is in an RUT (Ada County) zone and by reason of the provisions of the Meridian City Code g 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at the northwest corner of Linder Road and McMillan Road, Meridian, Idaho, and the parcel is contiguous to existing city limits. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 31 5. The owners of record of the subject property are Kevin Howell, Kelly and Brenda Fulfer, Jack Fulfer, Randall and Tanya Calkins, and Kevin Howell Construction, are the current property owners and all parties have submitted either notarized consent or a special power of attorney for the subject applications. 6. Applicant is Kevin Howell Construction. 7. The subject property is currently zoned RUT by Ada County. There is, however, an application for annexation and zoning to Rw8 (Medium Density Residential), L-O (Limited Office) and C-G (General Retail and Service Commercial) before the City Council. The zoning districts ofR-8, L-O and C-G are defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use pennit for a Planned Development consisting of214 building lots and 15 other lots, on 79.77 acres, including right-of- way, in a proposed R-8, L-O and C-G zone for Kelly Creek Subdivision. The R-8, L-O and C-G zoning designations are within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as Medium Density Residential. 10. The use proposed within the subject application will in fact, constitute a conditional use as detennined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF31 maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance - . establishing the Impact Area Boundary. 12. 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 ifthe following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. This approval shall be referenced to the Preliminary Plat provided by the applicant and stamped by the City of Meridian July 3, 2003. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the P&Z Commission, as follows: 1. Applicant shall meet all of the requirements of the mmexation and preliminary plat as a condition of the Conditional Use Permit. 2. Applicant shall provide a road connection via a private street from W. Apgar Creek Street to the commercial area in the vicinity ofIot 41, Block 10. N. Dove Ridge Drive shall also be a pri vate street. Both streets shall be designed as a 29- foot street with 5- foot sidewalks on both sides, in a 42-foot right-of-way. Construction standards shall meet ACHD standards per Ordinance 12~6-2.A.8. 3. Lots 18, 19,20, and 21 of Block 10 shall be combined to become only Lot 19 of Block 10. 4. The modified development standards, including reduced lot size, reduced frontages, and exceeding block length requirements, are approved as depicted on the approved site plan. 5. The following amenities are required as part of the planned development: 7.59 acres of open space, including a 3.4 acre central private park. The park shall include a tot lot, gazebo, half- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE40F31 court basketball, and open play area. The subdivision also includes a network ofmid~block pedestrian micropath1?~ All amenities shall be bonded for prior to signature on the final plat. The central park and related amenities shall be constructed as part of Phase 1, as depicted on the site plan. 6. Lot 26, Block 12, shall be provided an easement to Summit Way and an easement into the L- Ozone. 7. The proposed office and commercial areas within the development shall be required to apply for a detailed Conditional Use Pennit for a Planned Development prior to submitting for building permits. 8. The detailed planned development approval of the office and commercial areas shall include the following as a condition of approval: A cross-access and cross-parking agreement shall be recorded for the office and commercial areas prior to issuance of a Certificate or Zoning Compliance in those areas. 9. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 10. Applicant shall submit 15 copies of a revised preliminary plat/site plan and landscape plan in conformance with this report and the direction of the Planning & Zoning Commission at least 10 days prior to the next hearing on this application. C. Adopt the Recommendations of ACHD as follows: 1. These segments of Linder Road and McMillan Road are not listed in the adopted Capital Improvements Plan; therefore, impact fees cannot be used to purchase the right-of-way abutting the site. Right-of-way dedication is not required with this application. lfthe applicant chooses to dedicate the right-of~way, ACHD will not provide compensation. The applicant shall do one of the following: 1. Dedicate by donation an additional 5-feet of right-of-way along McMillan Road (30-feet total from the current centerline) and an additional 13-feet of right-of-way along Linder Road (38-feet total from centerline), and construct a minimum 5-foot wide concrete sidewalk along McMillan Road and Linder Road. The sidewalk on McMillan Road shall be located a minimum of 35-feet from the centerline of the existing roadway. The sidewalk on Linder Road should be located a minimum of 41-feet from the centerline of the rightwof- way. Coordinate the location and elevation of the sidewalk with District staff. Provide the District with an easement for any portion of the sidewalk(s) that are not located within the right-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 31 11. Dedicate by donation an additional 15-feet ofright~of-way along McMillan Road (40-feet total from the current centerline) and an additional 23-feet of right-of-way along Linder Road (48-feet total from centerline), and construct a minimum 5-foot wide concrete sidewalk along McMillan Road and Linder Road, located within the new right-of-way. The sidewalk on McMillan Road should be located a minimum of 35-feet from the centerline of the existing roadway. The sidewalk on Linder Road should be located a minimum of 41- feet from the centerline of the right-of~way. Provide the District with an easement for any portion of the sidewalk(s) that are not located within the right-of-way. Coordinate the location and elevation ofthe sidewalk with District staff. 111. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along McMillan Road and Linder Road in their ultimate locations. The sidewalk on McMillan Road should be located a minimum of 35-feet from the centerline of the existing roadway. The sidewalk on Linder Road should be located a minimum of 41-feet from the centerline of the right- of-way. Provide the District with an easement for any portion of the sidewa1k(s) that are not located within the right-of-way. IV. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along McMillan Road and Linder Road, located at the back edge ofthe existing right-of-way (if feasible). Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. Coordinate the location and elevation of the sidewalk with District staff. 2. Construct a separate westbound right-turn lane on McMillan Road at the Shadow Creek Way (now Wild Flower Drive) approach. The applicant may choose to install the auxiliary turn lane either when the phase abutting the subject auxiliary lane is being built, or when the warrant is met. If the later option is chosen, the necessary right-of-way needed to construct the subject auxiliary lane shall be dedicated with the abutting final plat phase and constructed when the warrant is met. The necessity for auxiliary lane construction (warrants) will be evaluated as each phase (final plat) is submitted. Coordinate the final design of the turn lane with District staff. 3. Construct a separate southbound right-turn lane on Linder Road at the Apgar Creek Street intersection. The applicant may choose to install the auxiliary turn lane either when the phase abutting the subject auxiliary lane is being built, or when the warrant is met. If the later option is chosen, the necessary right-of-way needed to construct the subject auxiliary lane shall be dedicated with the abutting final plat phase and constructed when the warrant is met. The necessity for auxiliary lane construction (warrants) will be evaluated as each phase (final plat) is submitted. Coordinate the final design ofthe turn lane with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 31 4. Construct a separate northbound left-turn lane on Linder Road at Apgar Creek Street. The applicant may choose to install the auxiliary turn lane either when the phase abutting the subject auxiliary lane is being built, or when the warrant is met. If the later option is chosen, the necessary right-of-way needed to construct the subject auxiliary lane shall be dedicated with the abutting final plat phase and constructed when the warrant is met. The necessity for auxiliary lane construction (warrants) will be evaluated as each phase (final plat) is submitted. Coordinate the final design ofthe turn lane with District staff. 5. Construct a taper off of Linder Road for southbound right turns at the Deer Crest Way approach. The applicant may choose to install the auxiliary turn lane either when the phase abutting the subject auxiliary lane is being built, or when the warrant is met. If the later option is chosen, the necessary right-of-way needed to construct the subject auxiliary lane shall be dedicated with the abutting final plat phase and constructed when the warrant is met. The necessity for auxiliary lane construction (warrants) will be evaluated as each phase (final plat) is submitted. Coordinate the final design of the taper with District staff. 6. Construct Wild Flower Drive to intersect McMillan Road approximately 1,450-feet west of Linder Road, as proposed. The street shall be constructed with a 36~foot street section within 50-feet of right-of-way with curb, gutter and 5-foot wide concrete sidewalks. 7. Construct Apgar Creek Street to intersect Linder Road approximately 530-feet north of McMillan Road, as proposed. The street shall be constructed with a 36-foot street section within 50-feet of right-of-way with curb, gutter and 5-foot wide concrete sidewalks. 8. Construct Deer Crest Way to intersect Linder Road approximately 430-feet north of Apgar Creek Street and approximately 390-feet south ofthe approved Wild Goose Drive to the north, as proposed. The street shall be constructed with a 36-foot street section within 50-feet of right-of-way with curb, gutter and 5-foot wide concrete sidewalks. 9. Construct a commercial driveway on Linder Road located a minimum of 255-feet south of Apgar Creek Street and no closer than 150-feet from McMillan Road (for right- in/right-out only). Pave the driveway its full width (maximum 35-feet) and at least 30-feet into the site beyond the edge of pavement of the adjacent roadway edge and install pavement tapers with 15-foot radii abutting the existing roadway edge. 10. Construct a commercial driveway on McMillan Road located approximately 250-feet west of Linder Road, as proposed. Pave the driveway its full width (maximum 35-feet) and at least 30wfeet into the site beyond the edge of pavement of the adjacent roadway edge and install pavement tapers with 15- foot radii abutting the existing roadway edge. This driveway may be restricted to right-inlright-out movements in the future. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 31 ( 11. Construct a commercial driveway on McMillan Road located approximately 235-feet west of the first commercial driveway on McMillan Road and approximately 500-feet west of Linder Road, as proposed. Pave the driveway its full width (maximum 35-feet) and at least 30-feet into the site beyond the edge of pavement of the adjacent roadway edge and install pavement tapers with 15-foot radii abutting the existing roadway edge. 12. Provide the District with a copy of a recorded cross-access agreement for Lots 45, 46,47 and 48, Block 10, to use the three commercial driveways listed in Conditions 9, 10 and 11 above, for access to the public street system. 13. Construct a commercial driveway to serve the proposed L-O zoned lots, located in alignment (measured centerline to centerline) or offset from the approved Palatine Way on the south side of McMillan Road a minimum of255-feet (measured near edge of driveway to near edge of roadway). Provide the District with a copy of a recorded cross- access agreement for Lots 34 to 44, Block 12, to use the driveway for access to the public street system. 14. Utilize the existing driveway to the single-family home on Lot 26, Block 12. Pave the driveway to its full width (maximum 20-feet) and at least 30-feet into the site beyond the edge of pavement of McMillan Road and install pavement tapers with 15-foot radii abutting the roadway edge. Said driveway may be utilized until the existing home located on the lot is torn down or converted to another use. At the time ofre-development, access to Lot 26, Block 12, from McMillan Road may be prohibited by ACHD. The applicant shall provide an access easement or frontage to Lot 26, Block 12, from Summit Way or the L-O zoned lots to the west. 15. Unless otherwise approved by District staff, the applicant shall construct Ballinger Avenue, Chimney Peak Avenue, Cody Creek Way, Summit Way, Green Mountain Drive, Bird Wing Court, Dove Ridge Drive, Stone Pond Drive, Sage Springs Drive, Kelly Creek Avenue and Wapoot Avenue as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks, all within 50-feet of right-of-way. 16. Construct District approved turnarounds for Bird Wing Court, Summit Way and Dove Ridge Drive (if Dove Ridge Drive is constructed as a public roadway and not a private roadway). 17. Pave the private driveway/street off of Chimney Peak Avenue, between Lots 17 and 22, Block 10, its full width and at least 30-feet into the site beyond the edge of pavement of the abutting roadway. ACHD does not make any assurances that the private road that is a part of this application will be accepted as a public road if such a request is made in the future. Substantial redesign and reconstruction costs may be necessary in order to qualify this road for public ownership and maintenance. The following requirements must be met if the applicant wishes to dedicate the roadway to ACHD: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 31 1. Dedicate a minimum of 50-feet of right-of-way for the road. 11. Construct-the roadway to the minimum ACHD requirements. 18. Extend Wapoot Avenue from the west property line located approximately 125-feet south of the north property line, as proposed. 19. Extend Apgar Creek Street from the west property line located approximately 690-feet south ofWapoot Avenue (measured centerline to centerline), as proposed. 20. Extend Ballinger Avenue from the north property line located approximately 625-feet east of the west property line, as proposed. 21. Extend Chimney Peak Avenue from the north property line located approximately 1,090- feet east of Ballinger Avenue (measured centerline to centerline), as proposed. 22. Other than the access points specifically approved with this application, direct lot or parcel access to McMillan Road and Linder Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plates). 23. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. 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. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building pennit (or other required permits), which incorporates any required design changes. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 31 7. Construction, use and property development shall be in confonnance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the rightwof- way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DrGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of~way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the tenus and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confinnation of any change from the Ada County Highway District. 11. 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. D. Adopt the Meridian Fire Department Recommendations as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 3. Acceptance ofthe water supply for fire protection will be by the Meridian Water Department. 4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department thrn the Public Works Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 31 5. All roads shall have a-turning radius of28' inside and 48' outside. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 7. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 8. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. UFC 902.2.1 9. The fire department requests that any future signalization installed as the result of the development ofthis project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer E. Adopt the Recommendation of Settlers Irrigation District as follows: 1. All irrigation/drainage facilities along with their easements must be protected and continue to function. 2. All storm drainage must be retained on-site. 3. The development must supply irrigation access to all lots within the above-named subdivision. Ifthe developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre-construction meeting. F. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-offis not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 31 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stonTIwater management system that prevents groundwater and surface water degradation. G. Adopt the Recommendations of the Sanitary Services Company as follows: 1. More information needs to be submitted for the commercial and retail waste enclosures [upon submittal of a detailed CUP application]. H. Adopt the action of the City Council taken at their August 5, 2003 meeting as follows: For clarification: I. The applicant is providing about four and a half acres for a park in the center of the residential project, including a tot lot, basketball court and an open play field, along with landscaping. 2. The applicant is providing an interconnected system of pathways to help split long blocks, and to help promote and enhance pedestrian access to the public road network. 3. The applicant is providing almost ten percent of open space, as well as the interconnecting system of pathways. 4. The applicant provided a sketch, dated 7-15-03 by J-U-B Engineers, Inc., showing how the streets align between Lochsa Falls and Kelly Creek at Apgar Creek Street. A proposed street modification to allow the centerline of Apgar Creek to align with the centerline ofthe 30 foot wide private driveway to the west of the main entry street, has been drawn by hand on the sketch. The deflection angle is less than the 20 degrees allowed by ACHD and shall meet the District's intersection requirements. 5. The applicant provided a conceptual layout showing how the maximum project would layout. The present conceptual plat allows for 214 single family dwelling lots and said conceptual layout is approved as submitted to the Council at their August 5, 2003 meeting, with the understanding the applicant shall be required to provide a detailed plat for approval. 6. The applicant also stated at the August 5, 2003 hearing that they are sharing an irrigation system with Lochsa Falls, which presently Lochsa Falls is building the pump station that will serve both developments. The system is requiring a 16 inch water line. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 31 7. The applicant shall be required to work with the school district on the driveways needed for the. district, and said driveways shall be shown on the approved plat. 8. The applicant shall provided an L-type turnaround for fire or emergency vehicles to turn around, but the L-type turnaround shall have to meet the approval of the Meridian Fire Department. 9. The applicant is providing 214 single family building lots and 15 other lots on the 79.77 acres in size, including right-of-way. 14. The applicant has requested approval of a Conditional Use Pennit for a Planned Development to allow reduced development standards including reduced lot size, reduced frontages, and to exceed block length requirements. Additionally, as part of the planned development request, the applicant has requested 20% land use exception to allow office and commercial uses in the project. The proposed 10 office buildings will total up to 34,200 s.f. on 5.99 acres and the 4 commercial buildings will total up to 35,790 s.f. on 5.8 acres. The excepted uses comprise approximately l5% of the overall project area. The applicant has provided the following amenities as part of the planned development: 7.59 acres (9.51 %) open space, including a 3.4 acre central private park. The park includes a tot lot, gazebo, half-court basketball, and open play area. The subdivision also includes a network of mid-block pedestrian micropaths. 15. It is found that the subject property is large enough to accommodate the requested use and all other required features. All residential lots are of adequate size and shape to accommodate homes that would comply with the zoning ordinance bulk and dimensional standards. The commercial properties appear to be of adequate size to accommodate structures, parking, and drive aisles. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 31 16. The current Comprehensive Plan Land Use Map designates the property as "Medium Density Residential". The proposed mix of residential, commercial and office uses can comply with the Comprehensive Plan by means of approval as a Planned Development if the requested use exception is granted. It is found that if the modifications required in this report are done, the application will meet the requirements of the Planned Development and other Zoning Ordinances. 17. It is found that the design concept would be compatible with the intended character of the area. The approved conceptual plat was approved and was dated August 5,2003. 18. It is not anticipated that the proposed development will have an adverse impact on the surrounding property. 19. It is found that the proposed development can be adequately served by the essential public facilities and services. 20. It is found that the proposed use would not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public that would be considered excessive. 21. It is found that there will be an increase in traffic and noise in the general vicinity if the subdivision is approved, but that approval of the subdivision will not lead to a major increase in smoke, fumes, glare, odors or other disturbances that will be considered detrimental to the welfare ofthe City and the subdivision's neighbors. 22. It is found that the proposed use will not create significant interference with any traffic on the surrounding public streets. Review of the ACHD report for this project will provide additional information. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF31 23. It is not found that any natural, scenic or historic feature will be lost, damaged or destroyed by issuance of this conditional use. 24. It is found that the office/multiple-family housing uses are related to the primary residential use of the development. The office and commercial uses will provide services that will be complementary to the residents of the subdivision, and may provide employment opportunities as well. There is some concern about continuing to allow commercial uses on the arterial intersections, since they create additional congestion at the intersections and compete with the neighborhood centers shown in the Comprehensive Plan. However, in this location, since other office/commercial use exceptions have already been approved on two or the other corners, it is found that the layout will match the character of other surrounding developments. 25. The proposed 10 office buildings will total up to 34,200 s.f. on 5.99 acres and the 4 commercial buildings will total up to 35,790 s.f. on 5.8 acres. The total area to be annexed for the project is 79.77 acres, including rightwof-way. Thus, it is found that the excepted uses utilize approximately 15% of the overall project area. It is found that the size and intensity of the excepted uses is appropriate for this location and size of development. Additionally, the applicant shall verifY the number oflots for the commercial and office uses. There are 214 building lots and 15 other lots. The lot layout for the commercial and office areas are conceptual only and they are not being platted at this time. This infers that only the residential areas are approved on the preliminary plat and the commercial and office areas shall need to be shown as a single large lot for each area, with the layout to be determined by a future preliminary plat for those areas. 26. It is found that the excepted uses (office and commercial) will be phased and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 31 constructed in a manner that justifies their inclusion as part of the project's primary residential uses. 27. It is found that the office/commercial uses are located in the southeast and southwest comers of the proposed development. It is found that the excepted uses are within convenient walking distance for many of the residents within the proposed subdivision. 28. It is found that the proposed office area has a road connection to the residential use on its north boundary and a pedestrian connection to the east. The commercial area at the southeast corner ofthe subdivision has a pedestrian cOlmection, but no vehicular connection. It is recommended that a road be provided to connect via a pri vate street to the commercial area in the vicinity of Lot 41, Block 10. 29. It is found that the proposed development has one pedestrianlbicycle connection to each use exception area. With the addition of a vehicular access on the north side of the commercial area, it is recommended that the pedestrian connection (Lot 36, Block 10) shift to provide pedestrianlbicycle access from the west near Lot 31, Block 10. 30. It is found that the excepted commercial layout does not currently facilitate vehicular access from the primary use site, unless a private street connection is provided to W. Apgar Creek Street. With that addition and shifting the pedestrian access, it is found that adequate access will be facilitated. It is found that the proposed building orientation places the rear of the structures abutting the pedestrian accesses, which obscure the accesses and make them less friendly for the users. It is recommended to realign the building pads and/or pedestrian accesses to be in a more visible location. 31. It is found that the landscaping is consistent throughout the development. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF31 Architectural and building bulk concepts will need to be submitted with a new detailed conditional use permits for each of the office and commercial areas. 32. It is found that the office, commercial and multi-family uses are not regional in size or character. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. S67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use pennits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code S 11-17-3) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 31 a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use pennit in the Medium Density Residential District (R-8), Limited Office District (L-O), and General Retail and Service Commercial (C-G), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') ofthe external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code ~ 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Pennit, the applicant and the Commission and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 31 Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Plamling and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code ~ 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the hnpact Area and the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 31 Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,2002, Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS 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 that: 1. That the above named applicant is granted a conditional use permit for a Planned Development consisting of214 building lots and 15 other lots, on 79.77 acres, including right-of- way, in a proposed R-8, L-Q and C-G zone for Kelly Creek Subdivision., subject to the following conditions of use and development, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. This approval shall be referenced to the Preliminary Plat provided by the applicant and stamped by the City of Meridian July 3,2003. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the P&Z Commission, as follows: 1. Applicant shall meet all of the requirements of the annexation and preliminary plat as a condition of the Conditional Use Permit. 2. Applicant shall provide a road connection via a private street from W. Apgar Creek Street to the commercial area in the vicinity oflot 41, Block 10. N. Dove Ridge Drive shall also be a private street. Both streets shall be designed as a 29-foot street with 5-foot sidewalks on both sides, in a 42- foot right-of-way. Construction standards shall meet ACHD standards per Ordinance 12-6-2.A.8. 3. Lots 18, 19,20, and 21 of Block 10 shall be combined to become only Lot 19 of Block 10. 4. The modified development standards, including reduced lot size, reduced frontages, and exceeding block length requirements, are approved as depicted on the approved site plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 31 5. The following amenities are required as part of the planned development: 7.59 acres of open space, including a 3.4 acre central private park. The park shall include a tot lot, gazebo, half-court basketball, and open play area. The subdivision also includes a network of mid-block pedestrian micropaths, All amenities shall be bonded for prior to signature on the final plat. The central park and related amenities shall be constructed as part of Phase 1, as depicted on the site plan. 6. Lot 26, Block 12, shall be provided an easement to Summit Way and an easement into the L- Ozone. 7. The proposed office and commercial areas within the development shall be required to apply for a detailed Conditional Use Permit for a Planned Development prior to submitting for building permits. 8. The detailed planned development approval of the office and commercial areas shall include the following as a condition of approval: A cross-access and cross-parking agreement shall be recorded for the office and commercial areas prior to issuance of a Certificate or Zoning Compliance in those areas. 9. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 10. Applicant shall submit 15 copies of a revised preliminary plat/site plan and landscape plan in confonnance with this report and the direction of the Planning & Zoning Commission at least 10 days prior to the next hearing on this application. C. Adopt the Recommendations of ACHD as follows: 1. These segments of Linder Road and McMillan Road are not listed in the adopted Capital Improvements Plan; therefore, impact fees cannot be used to purchase the right-of-way abutting the site. Right-of-way dedication is not required with this application. If the applicant chooses to dedicate the right-of-way, ACHD will not provide compensation. The applicant shall do one of the following: 1. Dedicate by donation an additional 5-feet of right-of-way along McMillan Road (30-feet total from the current centerline) and an additional 13-feet of right~of-way along Linder Road (38-feet total from centerline), and construct a minimum 5-foot wide concrete sidewalk along McMillan Road and Linder Road. The sidewalk on McMillan Road shall be located a minimum of 35-feet from the centerline of the existing roadway. The sidewalk on Linder Road should be located a minimum of 41- feet from the centerline of the right -of- way. Coordinate the location and elevation of the sidewalk with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 21 OF 31 Provide the District with an easement for any portion ofthe sidewalk(s) that are not located within the right-of-way. 11. Dedicate by donation an additional I5-feet of right-of-way along McMillan Road (40-feet total from the current centerline) and an additional 23-feet of right-of-way along Linder Road (48-feet total from centerline), and construct a minimum 5-foot wide concrete sidewalk along McMillan Road and Linder Road, located within the new right-of-way. The sidewalk on McMillan Road should be located a minimum of 35-feet from the centerline of the existing roadway. The sidewalk on Linder Road should be located a minimum of 41- feet from the centerline of the right-of-way. Provide the District with an easement for any portion of the sidewalk(s) that are not located within the right-of-way. Coordinate the location and elevation ofthe sidewalk with District staff. 111. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along McMillan Road and Linder Road in their ultimate locations. The sidewalk on McMillan Road should be located a minimum of 35-feet from the centerline of the existing roadway. The sidewalk on Linder Road should be located a minimum of 41-feet from the centerline ofthe right- of-way. Provide the District with an easement for any portion of the sidewalk(s) that are not located within the right-of-way. iv. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along McMillan Road and Linder Road, located at the back edge of the existing right-of-way (if feasible). Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. Coordinate the location and elevation of the sidewalk with District staff. 2. Construct a separate westbound right-turn lane on McMillan Road at the Shadow Creek Way (now Wild Flower Drive) approach. The applicant may choose to install the auxiliary turn lane either when the phase abutting the subject auxiliary lane is being built, or when the warrant is met. If the later option is chosen, the necessary right-of-way needed to construct the subject auxiliary lane shall be dedicated with the abutting final plat phase and constructed when the warrant is met. The necessity for auxiliary lane construction (warrants) will be evaluated as each phase (final plat) is submitted. Coordinate the final design of the turn lane with District staff. 3. Construct a separate southbound right-turn lane on Linder Road at the Apgar Creek Street intersection. The applicant may choose to install the auxiliary turn lane either when the phase abutting the subject auxiliary lane is being built, or when the warrant is met. If the later option is chosen, the necessary right-of~way needed to construct the subject auxiliary lane shall be dedicated with the abutting final plat phase and constructed when the warrant is met. The necessity for auxiliary lane construction (warrants) will be evaluated FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 22 OF 31 ( as each phase (final plat) is submitted. Coordinate the final design of the turn lane with District staff. 4. Construct a separate northbound left-turn lane on Linder Road at Apgar Creek Street. The applicant may choose to install the auxiliary turn lane either when the phase abutting the subject auxiliary lane is being built, or when the warrant is met. If the later option is chosen, the necessary right-of-way needed to construct the subject auxiliary lane shall be dedicated with the abutting final plat phase and constructed when the warrant is met. The necessity for auxiliary lane construction (warrants) will be evaluated as each phase (final plat) is submitted. Coordinate the final design of the turn lane with District staff. 5. Construct a taper off of Linder Road for southbound right turns at the Deer Crest Way approach. The applicant may choose to install the auxiliary turn lane either when the phase abutting the subject auxiliary lane is being built, or when the warrant is met. If the later option is chosen, the necessary right-of-way needed to construct the subject auxiliary lane shall be dedicated with the abutting final plat phase and constructed when the warrant is met. The necessity for auxiliary lane construction (warrants) will be evaluated as each phase (final plat) is submitted. Coordinate the final design of the taper with District staff. 6. Construct Wild Flower Drive to intersect McMillan Road approximately 1,450-feet west of Linder Road, as proposed. The street shall be constructed with a 36-foot street section within 50-feet of right-of-way with curb, gutter and 5-foot wide concrete sidewalks. 7. Construct Apgar Creek Street to intersect Linder Road approximately 530-feet north of McMillan Road, as proposed. The street shall be constructed with a 36-foot street section within 50-feet ofright~of-way with curb, gutter and 5-foot wide concrete sidewalks. 8. Construct Deer Crest Way to intersect Linder Road approximately 430-feet north of Apgar Creek Street and approximately 390-feet south of the approved Wild Goose Drive to the north, as proposed. The street shall be constructed with a 36-foot street section within 50-feet of right-of-way with curb, gutter and 5-foot wide concrete sidewalks. 9. Construct a commercial driveway on Linder Road located a minimum of255-feet south of Apgar Creek Street and no closer than I 50-feet from McMillan Road (for right- in/right-out only). Pave the driveway its full width (maximum 35-feet) and at least 30-feet into the site beyond the edge of pavement of the adjacent roadway edge and install pavement tapers with 15-foot radii abutting the existing roadway edge. 10. Construct a commercial driveway on McMillan Road located approximately 2S0-feet west of Linder Road, as proposed. Pave the driveway its full width (maximum 35-feet) and at least 30-feet into the site beyond the edge of pavement of the adjacent roadway edge and install pavement tapers with IS-foot radii abutting the existing roadway edge. This driveway may be restricted to right-in/right-out movements in the future. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 23 OF 31 II. Construct a commercial driveway on McMillan Road located approximately 235-feet west of the first commercial driveway on McMillan Road and approximately SOO-feet west of Linder Road, as proposed. Pave the driveway its full width (maximum 35-feet) and at least 30-feet into the site beyond the edge of pavement ofthe adjacent roadway edge and install pavement tapers with 15-foot radii abutting the existing roadway edge. 12. Provide the District with a copy of a recorded cross-access agreement for Lots 45, 46, 47 and 48, Block 10, to use the three commercial driveways listed in Conditions 9, 10 and 11 above, for access to the public street system. 13. Construct a commercial driveway to serve the proposed LwO zoned lots, located in aligmnent (measured centerline to centerline) or offset from the approved Palatine Way on the south side of McMillan Road a minimum of255-feet (measured near edge of driveway to near edge of roadway). Provide the District with a copy of a recorded cross- access agreement for Lots 34 to 44, Block 12, to use the driveway for access to the public street system. 14. Utilize the existing driveway to the single-family home on Lot 26, Block 12. Pave the driveway to its full width (maximum 20-feet) and at least 30-feet into the site beyond the edge of pavement of McMillan Road and install pavement tapers with IS-foot radii abutting the roadway edge. Said driveway may be utilized until the existing home located on the lot is torn down or converted to another use. At the time of re-development, access to Lot 26, Block 12, from McMillan Road may be prohibited by ACHD. The applicant shall provide an access easement or frontage to Lot 26, Block 12, from Summit Way or the L-O zoned lots to the west. 15. Unless otherwise approved by District staff, the applicant shall construct Ballinger Avenue, Chimney Peak Avenue, Cody Creek Way, Summit Way, Green Mountain Drive, Bird Wing Court, Dove Ridge Drive, Stone Pond Drive, Sage Springs Drive, Kelly Creek Avenue and Wapoot Avenue as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks, all within 50~feet of right-of-way. 16. Construct District approved turnarounds for Bird Wing Court, Summit Way and Dove Ridge Drive (if Dove Ridge Drive is constructed as a public roadway and not a private roadway). 17. Pave the private driveway/street off of Chimney Peak A venue, between Lots 17 and 22, Block 10, its full width and at least 30-feet into the site beyond the edge of pavement of the abutting roadway. ACHD does not make any assurances that the private road that is a part of this application will be accepted as a public road if such a request is made in the future. Substantial redesign and reconstruction costs may be necessary in order to qualify this road for public ownership and maintenance. The following requirements must be met if the applicant wishes to dedicate the roadway to ACHD: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 24 OF 31 1. Dedicate a minimum of 50-feet of right-of-way for the road. ii. Construct-the roadway to the minimum ACHD requirements. 18. ExtendWapoot Avenue from the west property line located approximately 125-feet south of the north property line, as proposed. 19. Extend Apgar Creek Street from the west property line located approximately 690-feet south ofWapoot Avenue (measured centerline to centerline), as proposed. 20. Extend Ballinger Avenue from the north property line located approximately 625-feet east of the west property line, as proposed. 21. Extend Chimney Peak A venue from the north property line located approximately 1,090- feet east of Ballinger Avenue (measured centerline to centerline), as proposed. 22. Other than the access points specifically approved with this application, direct lot or parcel access to McMillan Road and Linder Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plates). 23. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be b0111e by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. 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. 6. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE2S OF31 7. Construction, use and property development shall be in confonnance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility ofthe applicant to verify all existing utilities within the right-of- way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. 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. 11. 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. D. Adopt the Meridian Fire Department Recommendations as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department thru the Public Works Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 26 OF 31 5. All roads shall have a turning radius of28' inside and 48' outside. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 7. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 8. A minimum oftwo points of access will be required for any portion of the project, which serves more than 50 homes. UFC 902.2.1 9. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer E. Adopt the Recommendation of Settlers Irrigation District as follows: 1. All irrigation/drainage facilities along with their easements must be protected and continue to function. 2. All stonn drainage must be retained on-site. 3. The development must supply irrigation access to all lots within the above-named subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre-construction meeting. F. Adopt the Recommendations ofthe Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Enviromnental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 27 OF 31 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. G. Adopt the Recommendations of the Sanitary Services Company as follows: 1. More information needs to be submitted for the commercial and retail waste enclosures [upon submittal ofa detailed CUP application]. H. Adopt the action of the City Council taken at their August 5, 2003 meeting as follows: For clarification: 1. The applicant is providing about four and a half acres for a park in the center of the residential project, including a tot lot, basketball court and an open play field, along with landscaping. 2. The applicant is providing an interconnected system of pathways to help split long blocks, and to help promote and enhance pedestrian access to the public road network. 3. The applicant is providing almost ten percent of open space, as well as the interconnecting system of pathways. 4. The applicant provided a sketch, dated 7-15-03 by J-U-B Engineers, Inc., showing how the streets align between Lochsa Falls and Kelly Creek at Apgar Creek Street. A proposed street modification to allow the centerline of Apgar Creek to align with the centerline of the 30 foot wide private driveway to the west ofthe main entry street, has been drawn by hand on the sketch. The deflection angle is less than the 20 degrees allowed by ACHD and shall meet the District's intersection requirements. 5. The applicant provided a conceptual layout showing how the maximum project would layout. The present conceptual plat allows for 214 single family dwelling lots and said conceptual layout is approved as submitted to the Council at their August 5, 2003 meeting, with the understanding the applicant shall be required to provide a detailed plat for approval. 6. The applicant also stated at the August 5, 2003 hearing that they are sharing an irrigation system with Lochsa Falls, which presently Lochsa Falls is building the pump station that will serve both developments. The system is requiring a 16 inch water line. 7. The applicant shall be required to work with the school district on the driveways FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 28 OF 31 needed for the district, and said driveways shall be shown on the approved plat. 8. The applicant shall provided an L~type turnaround for fire or emergency vehicles to turn around, but the L-type turnaround shall have to meet the approval of the Meridian Fire Department. 9. The applicant is providing 214 single family building lots and 15 other lots on the 79.77 acres in size, including right-of-way. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code ~ 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit III accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use pennit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the pennit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 29 OF 31 conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action ofthe governing body of the City of Meridian, pursuant to Idaho Code g 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 30 OF 31 By action of the City Council at its regular meeting held on the I q./f:::- day of ./':JkjuJ f- ,2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED gkjL,. COUNCILWOMAN TAMMY deWEERD VOTED~L- COUNCILWOMAN CHERIE Me CANDLESS VOTED~ COUNCILMAN WILLIAM L.M. NARY VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: g~/9-t?3 VOTED .- MOTION: APPROVED:----X- DISAPPROVED: Attest: """"'''''''' -= ~~ J:, ,\\ Illf' . ,,"'\'l Of MEt?r()l;II~~ayor R ert D. Come ...' ....\. 'y.. " ~ V' O'l?PO/f.1)^ '1'- "-;:. ~ -s;.0 f.>. -:";. g" v__ SEAL ~ 0> ~ ~ Ou '\~ 0 ~~ ~ ()_ '&r 1S1. - -..(-. .2 --:- . 1 \"- ...... 'l C ,0( " .....>1 OUNT'{, ,v "" Copy served upon Applicant, Planning all"d'~on'ip,g;oe~)lrtment, Public Works Department and the City Attorney. \\\1111111111// \\\\ . fIll ,,\\ ~I of M€fY.!1'\ 1111 " :'\.... 'VI- ....... ~........ () ,-o8POR4" ~~t.- '\ , _....v {$'o ~ .......;s:" ~ g~t9-V3{ ~ 1 By:Jlka-~ ~ JJe--'!f 5L City Clerk v Dated: Z:\ Work\M\Meridiall\Meridian 1 5360M\Kelly Creek Sub AZ.03-0 [3 PP-03-0 [4 CUP-03-028\FrCJsCUP03-028.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 31 OF31 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR KELLY CREEK SUBDIVISION IN AN R-8, L-O, AND C-G ZONE, LOCATED AT THE NORTHWEST CORNER OF NORTH LINDER ROAD AND WEST McMILLAN ROAD, MERIDIAN, IDAHO KEVIN HOWELL CONSTRUCTION, APPLICANT C/C 08/05/03 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-03-028 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on August 5,2003, under the provisions of Meridian City Code ~ 11-17-4 for final action on conditional use pennit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a Planned Development consisting of214 building lots and 15 other lots, on 79.77 acres, including right-of- way, in a proposed R-8, LwO and C~G zone for Kelly Creek Subdivision located at the northwest corner of North Linder and West McMillan Roads, Meridian, Idaho, subject to the following conditions of use and development: ORDER CONDITIONAL USE PERMIT (CUP-03-028) PAGE 1 OF 13 A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. This approval shall be referenced to the Preliminary Plat provided by the applicant and stamped by the City of Meridian July 3, 2003. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the P&Z Commission, as follows: I. Applicant shall meet all of the requirements of the mmexation and preliminary plat as a condition ofthe Conditional Use Pennit. 2. Applicant shall provide a road connection via a private street from W. Apgar Creek Street to the commercial area in the vicinity oflot 41, Block 10. N. Dove Ridge Drive shall also be a private street. Both streets shall be designed as a 29-foot street with 5-foot sidewalks on both sides, in a 42-foot right~of-way. Construction standards shall meet ACHD standards per Ordinance 12-6-2.A.8. 3. Lots 18, 19, 20, and 21 of Block 10 shall be combined to become only Lot 19 of Block 10. 4. The modified development standards, including reduced lot size, reduced frontages, and exceeding block length requirements, are approved as depicted on the approved site plan. 5. The following amenities are required as part of the planned development: 7.59 acres of open space, including a 3.4 acre central private park. The park shall include a tot lot, gazebo, half- court basketball, and open play area. The subdivision also includes a network of mid~block pedestrian micropaths. All amenities shall be bonded for prior to signature on the final plat. The central park and related amenities shall be constructed as part of Phase 1, as depicted on the site plan. 6. Lot 26, Block 12, shall be provided an easement to Summit Way and an easement into the L- Ozone. 7. The proposed office and commercial areas within the development shall be required to apply for a detailed Conditional Use Permit for a Planned Development prior to submitting for building permits. 8. The detailed planned development approval of the office and commercial areas shall include the following as a condition of approval: A cross-access and cross-parking agreement shall be recorded for the office and commercial areas prior to issuance of a Certificate or Zoning Compliance in those areas. ORDER CONDITIONAL USE PERMIT (CUP-03-028) PAGE 2 OF 13 9. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 10. Applicant shall submit 15 copies of a revised preliminary plat/site plan and landscape plan in confonnance with this report and the direction ofthe Planning & Zoning Commission at least 10 days prior to the next hearing on this application. C. Adopt the Recommendations of ACHD as follows: 1. These segments of Linder Road and McMillan Road are not listed in the adopted Capital Improvements Plan; therefore, impact fees cannot be used to purchase the right-of-way abutting the site. Right-of-way dedication is not required with this application. If the applicant chooses to dedicate the right-of-way, ACHD will not provide compensation. The applicant shall do one of the following: 1. Dedicate by donation an additional 5-feet ofright~of-way along McMillan Road (30-feet total from the current centerline) and an additional 13-feet of right-of-way along Linder Road (38-feet total from centerline), and construct a minimum 5-foot wide concrete sidewalk along McMillan Road and Linder Road. The sidewalk on McMillan Road shall be located a minimum of 35-feet from the centerline of the existing roadway. The sidewalk on Linder Road should be located a minimum of 41-feet from the centerline of the right-of~ way. Coordinate the location and elevation of the sidewalk with District staff. Provide the District with an easement for any portion of the sidewalk(s) that are not located within the right-of-way. 11. Dedicate by donation an additional 15~feet of right-of-way along McMillan Road (40-feet total from the current centerline) and an additional 23-feet of right-of-way along Linder Road (48-feet total from centerline), and construct a minimum 5-foot wide concrete sidewalk along McMillan Road and Linder Road, located within the new right-of-way. The sidewalk on McMillan Road should be located a minimum of35-feet from the centerline ofthe existing roadway. The sidewalk on Linder Road should be located a minimum of 41- feet from the centerline of the right-of-way. Provide the District with an easement for any portion of the sidewalk(s) that are not located within the right~of-way. Coordinate the location and elevation of the sidewalk with District staff. 111. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along McMillan Road and Linder Road in their ultimate locations. The sidewalk on McMillan Road should be located a minimum of ORDER CONDITIONAL USE PERMIT (CUP-03-028) PAGE 3 OF 13 35-feet from the centerline of the existing roadway. The sidewalk on Linder Road should be located a minimum of 41-feet from the centerline of the right- of-way. Provide the District with an easement for any portion of the sidewalk(s) that are not located within the right-of-way. IV. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along McMillan Road and Linder Road, located at the back edge of the existing right-of-way (if feasible). Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. Coordinate the location and elevation of the sidewalk with District staff. 2. Construct a separate westbound right-turn lane on McMillan Road at the Shadow Creek Way (now Wild Flower Drive) approach. The applicant may choose to install the auxiliary turn lane either when the phase abutting the subject auxiliary lane is being built, or when the warrant is met. If the later option is chosen, the necessary right-of-way needed to construct the subject auxiliary lane shall be dedicated with the abutting final plat phase and constructed when the warrant is met. The necessity for auxiliary lane construction (warrants) will be evaluated as each phase (final plat) is submitted. Coordinate the final design of the turn lane with District staff. 3. Construct a separate southbound right-turn lane on Linder Road at the Apgar Creek Street intersection. The applicant may choose to install the auxiliary turn lane either when the phase abutting the subject auxiliary lane is being built, or when the warrant is met. If the later option is chosen, the necessary right-of-way needed to construct the subject auxiliary lane shall be dedicated with the abutting final plat phase and constructed when the warrant is met. The necessity for auxiliary lane construction (warrants) will be evaluated as each phase (final plat) is submitted. Coordinate the final design of the turn lane with District staff. 4. Construct a separate northbound left-turn lane on Linder Road at Apgar Creek Street. The applicant may choose to install the auxiliary turn lane either when the phase abutting the subject auxiliary lane is being built, or when the warrant is met. If the later option is chosen, the necessary right-of-way needed to construct the subject auxiliary lane shall be dedicated with the abutting final plat phase and constructed when the warrant is met. The necessity for auxiliary lane construction (warrants) will be evaluated as each phase (final plat) is submitted. Coordinate the final design of the turn lane with District staff. 5. Construct a taper off of Linder Road for southbound right turns at the Deer Crest Way approach. The applicant may choose to install the auxiliary turn lane either when the phase abutting the subject auxiliary lane is being built, or when the warrant is met. If the later option is chosen, the necessary right-of-way needed to construct the subject auxiliary lane shall be dedicated with the abutting final plat phase and constructed when the ORDER CONDITIONAL USE PERMIT (CUP-03-028) PAGE 4 OF 13 warrant is met. The necessity for auxiliary lane construction (warrants) will be evaluated as each phase (final plat) is submitted. Coordinate the final design of the taper with District staff. 6. Construct Wild Flower Drive to intersect McMillan Road approximately 1,450-feet west of Linder Road, as proposed. The street shall be constructed with a 36-foot street section within 50-feet of right-of-way with curb, gutter and 5-foot wide concrete sidewalks. 7. Construct Apgar Creek Street to intersect Linder Road approximately 530-feet north of McMillan Road, as proposed. The street shall be constructed with a 36-foot street section within 50wfeet of right-of-way with curb, gutter and 5-foot wide concrete sidewalks. 8. Construct Deer Crest Way to intersect Linder Road approximately 430-feet north of Apgar Creek Street and approximately 390-feet south of the approved Wild Goose Drive to the north, as proposed. The street shall be constructed with a 36-foot street section within 50-feet of right-of-way with curb, gutter and 5-foot wide concrete sidewalks. 9. Construct a commercial driveway on Linder Road located a minimum of 255-feet south of Apgar Creek Street and no closer than 150-feet from McMillan Road (for right- in/right-out only). Pave the driveway its full width (maximum 35-feet) and at least 30-feet into the site beyond the edge of pavement of the adjacent roadway edge and install pavement tapers with 15-foot radii abutting the existing roadway edge. 10. Construct a commercial driveway on McMillan Road located approximately 250-feet west of Linder Road, as proposed. Pave the driveway its full width (maximum 35-feet) and at least 30-feet into the site beyond the edge of pavement of the adjacent roadway edge and install pavement tapers with IS-foot radii abutting the existing roadway edge. This driveway may be restricted to right-in/right-out movements in the future. 11. Construct a commercial driveway on McMillan Road located approximately 235-feet west of the first commercial driveway on McMillan Road and approximately 50Q-feet west of Linder Road, as proposed. Pave the driveway its full width (maximum 35-feet) and at least 30-feet into the site beyond the edge of pavement of the adjacent roadway edge and install pavement tapers with 15-foot radii abutting the existing roadway edge. 12. Provide the District with a copy of a recorded cross-access agreement for Lots 45, 46, 47 and 48, Block 10, to use the three commercial driveways listed in Conditions 9, 10 and 11 above, for access to the public street system. 13. Construct a commercial driveway to serve the proposed L-O zoned lots, located in alignment (measured centerline to centerline) or offset from the approved Palatine Way on the south side of McMillan Road a minimum of 255-feet (measured near edge of ORDER CONDITIONAL USE PERMIT (CUP-03-028) PAGE 5 OF 13 driveway to near edge of roadway). Provide the District with a copy of a recorded cross- access agreement for-Lots 34 to 44, Block 12, to use the driveway for access to the public street system. 14. Utilize the existing driveway to the single-family home on Lot 26, Block 12. Pave the driveway to its full width (maximum 20-feet) and at least 30-feet into the site beyond the edge of pavement of McMillan Road and install pavement tapers with I5-foot radii abutting the roadway edge. Said driveway may be utilized until the existing home located on the lot is torn down or converted to another use. At the time of re-development, access to Lot 26, Block 12, from McMillan Road may be prohibited by ACHD. The applicant shall provide an access easement or frontage to Lot 26, Block 12, from Summit Way or the L-O zoned lots to the west. 15. Unless otherwise approved by District staff, the applicant shall construct Ballinger Avenue, Chimney Peak Avenue, Cody Creek Way, Summit Way, Green Mountain Drive, Bird Wing Court, Dove Ridge Drive, Stone Pond Drive, Sage Springs Drive, Kelly Creek Avenue and Wapoot Avenue as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks, all within 50-feet of right-of-way. 16. Construct District approved turnarounds for Bird Wing Court, Summit Way and Dove Ridge Drive (if Dove Ridge Drive is constructed as a public roadway and not a private roadway). 17. Pave the private driveway/street off of Chimney Peak Avenue, between Lots 17 and 22, Block 10, its full width and at least 30-feet into the site beyond the edge of pavement of the abutting roadway. ACHD does not make any assurances that the private road that is a part of this application will be accepted as a public road if such a request is made in the future. Substantial redesign and reconstruction costs may be necessary in order to qualify this road for public ownership and maintenance. The following requirements must be met if the applicant wishes to dedicate the roadway to ACHD: I. Dedicate a minimum of 50-feet of right-of-way for the road. II. Construct the roadway to the minimum ACHD requirements. 18. Extend Wapoot Avenue from the west property line located approximately 12S-feet south of the north property line, as proposed. 19. Extend Apgar Creek Street from the west property line located approximately 690-feet south ofWapoot Avenue (measured centerline to centerline), as proposed. 20. Extend Ballinger Avenue from the north property line located approximatel y 625- feet east of the west property line, as proposed. ORDER CONDITIONAL USE PERMIT (CUP-03-028) PAGE 6 OF 13 21. Extend Chimney Peak Avenue from the north property line located approximately 1,090- feet east of Ballinger Avenue (measured centerline to centerline), as proposed. 22. Other than the access points specifically approved with this application, direct lot or parcel access to McMillan Road and Linder Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plates). 23. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right~of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. 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. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building pennit (or other required permits), which incorporates any required design changes. 7. 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. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. ORDER CONDITIONAL USE PERMIT (CUP-03-028) PAGE70F13 9. It is the responsibility of the applicant to verifY all existing utilities within the right-of- way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DrGLINE (l-800w342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the tenns and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confinnation of any change from the Ada County Highway District. 11. 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. D. Adopt the Meridian Fire Department Recommendations as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department thru the Public Works Department. 5. All roads shall have a turning radius of28' inside and 48' outside. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 7. The phasing plan may require that any roadway greater than 150' in length that is not ORDER CONDITIONAL USE PERMIT (CUP-03-028) PAGE 8 OF 13 provided with an outlet shall be required to have a turn around. 8. A minimum of two points of access will be required for any portion ofthe project, which serves more than 50 homes. UFC 902.2.1 9. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer E. Adopt the Recommendation of Settlers Irrigation District as follows: 1. All irrigation/drainage facilities along with their easements must be protected and continue to function. 2. All storm drainage must be retained on-site. 3. The development must supply irrigation access to all lots within the above-named subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre-construction meeting. F. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run~offis not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. ORDER CONDITIONAL USE PERMIT (CUP-03-028) PAGE 9 OF 13 G. Adopt the Recommendations ofthe Sanitary Services Company as follows: 1. More information needs to be submitted for the commercial and retail waste enclosures [upon submittal ofa detailed CUP application]. H. Adopt the action of the City Council taken at their August 5, 2003 meeting as follows: For clarification: 1. The applicant is providing about four and a half acres for a park in the center of the residential project, including a tot lot, basketball court and an open play field, along with landscaping. 2. The applicant is providing an interconnected system of pathways to help split long blocks, and to help promote and enhance pedestrian access to the public road network. 3. The applicant is providing almost ten percent of open space, as well as the intercoilllecting system of pathways. 4. The applicant provided a sketch, dated 7-15~03 by J-U-B Engineers, Inc., showing how the streets align between Lochsa Falls and Kelly Creek at Apgar Creek Street. A proposed street modification to allow the centerline of Apgar Creek to align with the centerline of the 30 foot wide private driveway to the west of the main entry street, has been drawn by hand on the sketch. The deflection angle is less than the 20 degrees allowed by ACHD and shall meet the District's intersection requirements. 5. The applicant provided a conceptual layout showing how the maximum project would layout. The present conceptual plat allows for 214 single family dwelling lots and said conceptual layout is approved as submitted to the Council at their August 5, 2003 meeting, with the understanding the applicant shall be required to provide a detailed plat for approval. 6. The applicant also stated at the August 5, 2003 hearing that they are sharing an irrigation system with Lochsa Falls, which presently Lochsa Falls is building the pump station that will serve both developments. The system is requiring a 16 inch water line. 7. The applicant shall be required to work with the school district on the driveways needed for the district, and said driveways shall be shown on the approved plat. ORDER CONDITIONAL USE PERMIT (CUP-03-028) PAGE 10 OF 13 8. The applicant shall provided an L-type turnaround for fire or emergency vehicles to turn around, -but the L~type turnaround shall have to meet the approval of the Meridian Fire Department. 9. The applicant is providing 214 single family building lots and 15 other lots on the 79.77 acres in size, including right-of-way. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code ~ 11-17-8, a copy of which is attached to this pennit. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURA TION Please take notice that the conditional use pennit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time ORDER CONDITIONAL USE PERMIT (CUP-03-028) PAGE 11 OF 13 extension shall be submitted at least thirty (30) days prior to the deadline for completion ofthe project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF RIGHT TO REGULATORY T AKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. By action of the City Council at its regular meeting held on the ! qlii:: day of /lu-jUJt- ,2003. ~~ Robert D. Corrie, Mayor City of Meridian Attest: ORDER CONDITIONAL USE PERMIT (CUP-03-028) PAGE 12 OF 13 BY:~':'-~/Jc.-:;, ~ City Clerk t/ \\\\\1111I111/1/ \\\\ r:: B~ III ,,\ _I 01 I~J:=Rl^ II/! "" ~""'\ '<;,Ita !~ ;:-' c} ,?>POf/: ........... - '~ "'/ ~ cP "11(: ~ g~/9-tJ3 f ~ 0 \ Dated: ORDER CONDITIONAL USE PERMIT (CUP-03-028) PAGE 13 OF 13 August 1. 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT August 5. 2003 ITEM NO. Iq REQUEST Approve 2004 Fiscal Year Tentative Budget: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETILERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: JV #J~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian.