The URL can be used to link to this page

Home My WebLink About2003-10-21 CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, October 21,2003 at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: x X Tammy de Weerd Cherie McCandless o Mayor Robert Corrie X 'X , Bill Nary Keith Bird 2. Adoption of the Agenda: .~ Ve-. Executive Session per Idaho Code 67-2345(1)(b) (15 minutes.) '110 ()<&'~i~ 3. * 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 - October 21, 2003 Page I of 1 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 888-4433 at least 48 hours prior to the public meeting. November 21 , 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT November 25, 2003 ITEM NO. 3-1t REQUEST Approve minutes of October 21, 2003 Pre-Councfl Meeting: 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: vP ~ Contacted: Emafled: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. Meridian City Pre-Council Meetin~ October 21, 2003 The Pre-Council Meeting of the Meridian City Council was called to order at 6:30 P.M. on Tuesday, October 21, 2003, by City Council President Tammy de Weerd. Members Present: Tammy de Weerd, Cherie McCandless, Bill Nary, and Keith Bird. Members Absent: Mayor Robert Corrie. Others Present: Bill Nichols and Sharon Smith Item 1. Roll-call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird o Mayor Robert Corrie De Weerd: Go ahead and open the Pre-Council meeting. It's Tuesday October 21 sl at 6:30 and we will begin with roll call attendance. Item 2. Adoption of the Agenda: De Weerd: Item number two. Adoption of the agenda. Bird: Madam President. De Weerd: Mr. Bird. Bird: I move we adopt the agenda as published. Nary: Second. De Weerd: Okay. It's been moved and seconded to adopt the agenda as published. All those in favor say aye. All ayes. Item 3. Executive Session per Idaho Code 67-2345(1)(b}: De Weerd: Item number three. Executive session per Idaho Code 67-2345 (1)(b). Bird: I move that we go into Executive Session as per 67-2345(1 )(b). Nary: Second. Meridian City Pre-Council,.,eeting October 21,2003 Page 2 of 3 De Weerd: Okay it's been moved and seconded to adjourn into Executive Session per Idaho State Code 67-2345 (1 )(b). Sharon, roll call. Roll Call: Bird, yea; De Weerd, yea; Nary, yea; McCandless, yes. De Weerd: We adjourn at 6:32. (Enter Executive Session) De Weerd: Mr. Bird. Bird: I would move that we come out of Executive Session. McCandless: Second. De Weerd: Okay. It's been moved and seconded to come out of Executive Session. May the record show that there were no decisions made. All those in favor say aye. MOTION CARRIED: ALL AYES. Bird: Madam President. De Weerd: Mr. Bird. Bird: I move that we adjourn the Pre-Council Meeting. McCandless: Second. De Weerd: Okay it's been moved and seconded to adjourn the Pre-Council Meeting. All those in favor say aye. All ayes, motion carried. It's 7:10. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:10 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: 1/ / Z~/ tl3 DATE ( ( Meridian City Pre-CounciP..,,::leting October 21, 2003 Page 3 of 3 ATTESTED: cJld&.'::-~~'~ WILLIAM G. BERG, JR., C Y CLERK MAYOR Robert 0, Corrie ... 1,lt;..) ,~'J:J \ -'; .~ ;~ ~p /ClTYOF L _ . L/Vl erldltrn~~~'Jl) CiTY COUNCIL MEMBERS Tammy de Weerd William L M. Nary Chene McCandless Keith Bird IDAHO ~. ....~ \ " ,-, V V ,I i); / qlNCE 119n3 LEGAL DEPARTMENT (208) 466-9272 . FAX 466-4405 PARKS & RECREATION (208) 888-3579 . Fax 898-550 I PUBLIC WORKS (208) 898-5500 . Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 . 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, October 21,2003 at 6:30 P.M. The Meridian City Council will be discussing the following agenda items: - Executive Session per Idaho Code &67-2345(1)(b) The Executive Session is closed to the public, however, the public is welcome to attend the remainder of the meeting. DATED this 1 yth day of October, 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 Biliing Fax (208) 887-4813 .~k ~ ~ost ~( ~0\;\\U t\Jot'.l; .---iVlC\v\\L:> CITY OF MERIDIAN PREaCOUNCIL MEETING AGENDA Tuesday, October 21,2003 at 6:30 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. Executive Session per Idaho Code 67-2345(1)(b) (15 minutes"') 'It 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 - October 21, 2003 Page I of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents andlor hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting, ** TX CONFrf. .-rON REPORT ** /~... { AS OF OCT 17 ~!,:jj 16:39 PAGE. 01 CIT'( OF MERIDIAN 28 29 30 31 32 DATE TIME _ TO/FROM 10/17 16:34 3810160 10/1? 16:35 PUBLIC WORKS 10/1? 16:36 12084664405 18/17 16:37 8841159 10/1? 16:38 2088840744 MODE EC--S EC--S EC--S EC--S EC--S MIWSEC PGS 80'51" 002 e0' 33" 002 80'34" 802 08' 33" 002 00'34" 802 CMDl:t 245 245 245 245 245 STATUS OK OK OK OK OK .~Ll~ ~Qst \1;( ~u\;\\U (\J(J,\-\ tv .-ihC\V\~> CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday. October 21,2003 at 6:30 p.m. City Council Chambers 1. RoJl.call Attendance: _ Tammy de Weerd _ Bill Nary Cherie McCandless Keith Bird - _ Mayor Robert Corrie- 2. Adoption of the Agenda: 3. Executive Session per Idaho Code 67-2345(1)(b) (15 minutes"') * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only.. Moridiao Cil.yCcuncil A8cndll-0tl0bc:r:2.1, 200~ hce 1 utI All mMctim prO_led at l"lblic moeting:, shall becomo prop<tly cflhc City ofMffidilLl:\. A!l.yont 00siri1lg IICC<llWnodatiOD fordisab.iliti~ rolaud 10 do<:ull\Ollt< lWIIot hoorinttl pl~ CQlbc:t1he CitY Cle:dt.~ Offioo1ll1l8&-4433 o1)cw48 hours prior totllc public me<ti.o.g. / ( **Txcl ~MATrON REPORT ** AS OF OCT 17 '03-- 08 PAGE. 01 CITY OF l'ERlDIAN DATE Tll'E TO/FROM MODE MIW5EC PGS CMDll STATUS 131 113/17 16'39 POLICE DEPT EC--S 00'33" 002 245 OK 02 10/17 16:40 89855131 EC--S 00'32" 002 245 OK 133 10/17 16:41 LIBRARY EC--S 00'39" 1302 245 OK 1M 113/17 16:42 92e83776449 EC--S 00'33" 12102 245 OK 05 10/17 16:43 208 388 6924 EC--5 121121'40" ee2 245 OK 06 10/17 16:45 2088SS6854 EC--S 00' 32" 1302 245 OK e7 113/17 16:46 208 68S 03913 EC--S 00'33" 002 245 OK 00 10/17 16:47 200 387 6393 EC--S 00'33" 002 245 OK 139 10/17 16:48 ADA CTY DEVELMT G3--5 01' 08" 002 245 OK 10 10/17 16:50 208-SS8-5052 EC--S 00'34" 002 245 OK 11 10/17 16:51 CHERRY LANE EC--S 00'39" 002 245 OK 12 113/17 16'53 POST OFFICE EC--S 00'49" 13132 245 OK 13 10/17 16:54 IDAHO ATHLETIC C EC--5 00'33" 002 245 OK 14 10/17 16:55 887 0816 G3--S 01' 10" 13132 245 OK 15 10/17 16:57 ID PRESS TRIBUNE EC--5 00' 35" 002 245 OK 16 10/17 16:58 208 SS8 6700 EC--S 00' 34" 002 245 OK 17 10/17 17:02 ALL AMERICAN INS EC--S 00'34" 0132 245 OK 18 113/17 17:07 Laurel EC--S 00'35" ea2 245 OK .~ ~ ~Q~t ~( ~0~\\U No" lV --ilt~V\\::.> CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, October 21, 2003 at 6:30 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. Executive Session per Idaho Code 67-2345(1 )(b) (15 minutes.) · Approx~mate allowable time set. for agen~ item may change depending on discu$Slon. Please use the deSignated rmnutes as a guideline only.. M.ri~CityC""""il A3;nda-O<I.obu2!, 2003 h,. 1 w! A11lll4laW. !"...llLo<lo!pu1>lic ""'.lin!:' slWI booomo prapttly oflh< cnyofM..,;di... AnYOM do"""t =lllmod>Jion r.rdiubHtli.. ..t.l0<! \0 <loco"",,,,, ."dlet ~ pi.... _<t1M CityClork'. Offi.u.888-443J lIll_48 boIlC> ~.. u'c public ""'dins ** COMMUNICATIONS REPORT ** TOTAL PAGES SEND 0036 RECEIVE 0000 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 DATE TIME TO/FROM 10/17 16:39 POLICE DEPT 10/17 16:40 8985501 10/17 16:41 LIBRARY 10/17 16:42 92083776449 10/17 16:43 208 388 6924 10/17 16:45 2088886854 10/17 16:46 208 895 0390 10/17 16:47 208 387 6393 10/17 16:48 ADA CTY DEVELMT 10/17 16:50 208-888-5052 10/17 16:51 CHERRY LAt-.JE 10/17 16:53 POST OFFICE 10/17 16:54 IDAHO ATHLETIC C 10/17 16:55 887 0816 10/17 16:57 ID PRESS TRIBUNE 10/17 16:58 208 888 6700 10/17 17:02 ALL AMERICAN INS 10/17 17:07 Laurel AS OF OCT 18 '03 05:00 PAGE, 01 MODE 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 G3--S EC--S EC--S EC--S EC--S TOTAL TIME CITY OF MERIDIAN SEND 00~ 11 ' 46" RECEIVE 00"00'00" MIN/SEC PGS 00'33" 002 00'32" 002 00'39" 002 00'33" 002 00' 40" 002 00' 32" 002 00'33" 002 00'33" 002 01'08" 002 00'34" 002 00'39" 002 00' 49" 002 00' 33" 002 01' 10" 002 00'35" 002 00'34" 002 00'34" 002 00' 35" 002 CMDJ:I 245 245 245 245 245 245 245 245 245 245 245 245 245 245 245 245 245 245 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK ** COMMUNICATIONS REPORT ** TOTAL PAGES SEND 0000 RECEIlJE 0001 DATE TI ME 01 10/19 12:40 TO/FROM AS OF OCT 20 '03 05:00 PAGE. 01 CITY OF MERIDIAN TOTAL TIME SEND 00000'00" RECEIlJE 00000'40" MODE MIN/SEC PGS CMD~ STATUS EC--R 00'40" 001 250 OK ** TX CONFIRMATION REPORT ** 68 89 16 11 12 13 14 15 16 17 18 19 28 21 22 23 24 25 26 27 28 29 DATE TIME TO/FROM 18/21 22:58 3818168 18/21 22:59 PUBLIC WORKS 16/21 23:68 12684664485 18/21 23:81 8841159 18/21 23:82 2888848744 18/21 23:62 POLICE DEPT 18/21 23:83 8985581 18/21 23:64 LIBRARY 18/21 23:85 92883776449 18/21 23:86 288 388 6924 18/21 23:67 2888886854 18/21 23:88 ALL AMERICAN INS 18/21 23:68 288 895 6398 16/21 23:69 Laurel 16/21 23:18 288 387 6393 18/21 23:11 ADA CTY DEUELMT 18/21 23:12 288-888-5852 16/21 23:13 CHERRY LANE 18/21 23:14 POST OFFICE 18/21 23:15 IDAHO ATHLETIC C 18/21 23:16 ID PRESS TRIBUNE 18/21 23:17 2888886781 AS OF OCT 21 '83 23:17 PAGE. 81 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 EC--S EC--S G3--S EC--S EC--S EC--S EC--S EC--S EC--S CITY OF MERIDIAN MIN/SEC PGS 88'26" 681 88'18" 861 68' 19" 661 66' 18" 881 66'18" 681 66' 19" 881 86' 19" 861 86'21" 881 68'19" 881 88'26" 881 88' 18" 661 68'19" 881 88' 19" 881 86' 19" 881 86'18" 681 88'39" 881 88' 19" 661 66'26" 12181 88'25" 681 88' 19" 81211 121121'19" 881 88'19" 681 CMD~ 615 12115 815 815 815 12115 815 815 815 12115 12115 815 815 12115 815 815 015 815 815 815 615 815 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK ---------------------------------------------------------------------------------------~---- CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, October 21,2003 at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: x X Tammy de Weard ~ Bill Nary Cherie McCandless X Keith Bird o Mayor Robert Corrie ' Adoption of the Agenda: /Jp-pro Ve.-. Executive Session per Idaho Code 67~2345(1)(b) (15 minutes.) 2. 3. ~ D (}e.G<..' S i (JYU ** COMMUNICATIONS REPORT ** TOTAL PAGES SEND 0041 RECEI lJE 0003 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 DATE TIME TO/FROM 10/21 05:00 10/21 08:24 4423688 10/21 08:51 2088886854 10/21 09:54 8889135 10/21 10:22 10/21 12:44 2088886854 10/21 18:35 10/21 22:58 3810160 10/21 22:59 PUBLIC WORKS 10/21 23:00 12084664405 10/21 23:01 8841159 10/21 23:02 2088840744 10/21 23:02 POLICE DEPT 10/21 23:03 8985501 10/21 23:04 LIBRARY 10/21 23:05 92083776449 10/21 23:06 208 388 6924 10/21 23:07 2088886854 10/21 23:08 ALL AMERICAN INS 10/21 23:08 208 895 0390 10/21 23:09 Laurel 10/21 23:10 208 387 6393 10/21 23:11 ADA CTY DElJELMT 10/21 23:12 208-888-5052 10/21 23:13 CHERRY LANE 10/21 23:14 POST OFFICE 10/21 23:15 IDAHO ATHLETIC C 10/21 23:16 ID PRESS TRIBUNE 10/21 23:17 2088886701 10/21 23:18 3810160 10/21 23:21 PUBLIC WORKS 10/21 23:23 12084664405 AS OF OCT 21 '03 23:24 PAGE.01 MODE EC--R EC--S EC--R EC--S G3--R EC--S EC--R 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 EC--S EC--S G3--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S TOTAL TIME CITY OF MERIDIAN SEND 00016' 10" RECEIlJE 00002'19" MIN/SEC PGS 00'40" 001 02'56" 005 00' 18" 001 00'24" 001 00'31" 000 00'21" 001 00'50" 001 00'26" 001 00'18" 001 00'19" 001 00'18" 001 00'18" 001 00'19" 001 00' 19" 001 00'21" 001 00'19" 001 00' 20" 001 00'18" 001 00'19" 001 00'19" 001 00' 19" 001 00'18" 001 00'39" 001 00' 19" 001 00'20" 001 00'25" 001 00' 19" 001 00'19" 001 00'19" 001 02' 18" 004 01'19" 004 01'22" 004 CMDl:I 006 007 009 010 012 014 015 015 015 015 015 015 015 015 015 015 015 015 015 015 015 015 015 015 015 015 015 015 016 016 016 STATUS OK OK OK OK INC OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK ( ** TX CONF I R~II , ,ON REPORT ** ( AS OF OCT 21 '~3 23:24 PAGE. 01 CITY OF MERIDIAN 30 31 32 DATE TIME TO/FROM 10/21 23:18 3810160 10/21 23:21 PUBLIC WORKS 10/21 23:23 12084664405 CMDI:l STATUS 016 OK 016 OK 016 OK MODE EC--S EC--S EC--S MIN/SEC PGS 02'18" 1904 01' 19" 004 01' 22" 004 ---------------------------------------------------------------------------------~---------- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, October 21, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: ~ Tammy de Weerd --X- Bill Nary -L Cherie McCandless ~ Keith Bird ~ Mayor Robert Corrie Adoption of the Agenda: /J.ppY'O~ 3. Consent Agenda: 2. A. Approve minutes of October 7, 2003 Pre-Coypcil Meeting: fiP-p t1) J) (.., Tabled from October 14,2003: Resolution No. O,~ - Lj. /5 Approving the Memorandum of Understanding with Meridian Firefighters local 2311 regarding Wages: A'fiJ rov-e- Tabled from October 14, 2003: October 2003 Addendum to Development Agreement Correcting the legal description for AZ 00-026 Bear Creek Subdivision No. 6 (fka I approved as Kodiak Development): Afp rove Findings of Fact and Conclusions of law for Approval: VAC 03-005 Request to vacate 29 feet of right of way along the alignment of Venable Lane for Cedar SorinQS No.3 by Howell Murdoch Development, Corp. - west of North Meridian Road and north of West Ustick Road: /JtJtrvV'L- Findings of Fact and ConclusJons of Law for Approval: CUP 03-036 Request for a Conditional Use Permit for a tri-plex in an R- 15 zone for Trov Palmer Tri-Plex by Troy Palmer - 1236 East 2 Y2 Street: 1}.pfrofJ-0 Findings of Fact and Conclusions of Law for Approval: CUP 03-040 Request for a Conditional Use Permit for a Planned Development for shell and core for multi-floor medical office building in an L-O zone for Meadow lake Village Medical Office ~v-G Metidilll1 Cily Council Ag.enda - October 21. 2003 Page I or 4 All rn:u","oln prcsCl\rc(] cl publtc meOlings Mall b=ll'Iepropcny "flhe City ofMeridi"". Anyone d(l5jring accommncbtioll fordisabiliti"" rdmd,o docwnomls andlor henTinss "I<::~c coutlCllhe Cilyc:tCf~'$ Office aI988..4433 at leSSl4S hO\ll1; pTiorlO the public meetin~. B. c. D. E. F_ ** TX 1MATlON REPORT ** AS OF OCT 22 '03 ,3 PAGE.01 01 02 03 04 05 a6 07 08 139 10 11 12 13 14 15 16 17 18 19 DATE Tl ME TO/FROM 10~21 23'25 8841159 113/21 2C!' 26 208884B744 10~21 23:28 POLICE DEPT 10~21 23'30 69855Bl 10~21 23'32 LIBRARY lB~21 23:34 92083776449 te~21 23: 36 208 388 6924 la~21 23'38 2088886854 W~21 23:40 ALL AMERICAN INS lel/21 23:42 208 895 03913 10~21 23'44 Laurel 10~21 23:46 208 387 6393 10~21 23: 48 ADA CTY DEVELMT 10~21 23'51 208-888-5052 10~21 23:53 CHERRY LANE 10~21 23:S5 POST OFFICE 10~21 23:58 IDAHO ATHLETIC C 10~22 013:013 ID PRESS TRIBUNE 10~22 00=02 2088886701 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--S EC--S G3--S EC--S EC--S EC--S EC--S EC--S EC--S M I N/SEC PGS 01' 20" 0134 01'213" 004 01'213" 004 01'20" 004 131'47" 004 01' 19" 004 01'46" 004 131'20" 004 131' 19" 004 01'19" 004 01'21" 004 01'213" 004 132' 18" 004 01'lS" 004 01 '46" 004 132'18" 004 01'21" 004 01'20" 0134 01' 20" 004 CMDIl €l16 016 016 016 1316 016 016 016 016 1316 016 016 016 016 016 016 016 016 El16 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK ----------------~--------------------------------------------------------------------------- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, October 21,2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: ~ Tammy de Weerd -L Bill Nary --..L Cherie McCandless ......K...- Keith Bird ~ Mayor Robert Corrie Adoption of the Agenda: !J.p.pYi/IJ'<-' Approve minutes of October 7. 2003 Pre-Coypcil Meeting: .fdfJfJ (1)V0 iClbled from October 14,2003: Resolution No. 0.=3 - LJ /5 Approving the Memorandum of UnderstClnding with Meridian Firefighters locai 2311 regarding Wages: AfiJr7)vf.. Tabled from October 14, 2003: October 2003 Addendum to Development Agreement Correcting the legal description for AI. 00-026 Bear Creek Subdivision No. 6 (fka I approved as Kodiak Development): Afp rove Findings of Fact and Conclusions of Law for Approval: VAC 03.005 Request to vacate 29 feet of right of way along the alignment of Venable Lane for Cedar SorinQs No.3 by Howell Murdoch Development, Corp. - west of North Meridian Road and north of West Ustick Road: /J..pfrvtH...-- Findings of Fact and ConclusIons of Law for Approval: CUP 03-038 Request for a Conditionai Use Permit for a tri-plex in an R. 15 zone for Trov Palmer Tri-Plex by Troy Palmer - 1236 East 2 ~ Street /JpfroIH.- Findings of Fact and Conclusions of law for Approval: CUP 03-040 Request for a Conditional Use Permit for a Planned Development for shell and core for multi.f1oor medical office building in an l.Q zone for Meadow lake VilIaQe Medical Office ~lK...> Maidi", Cif}' COII",il A~",du- O'robcr21.2003 Pac< I or4 AU li'Li:It'tri.~b ptC$CIltro:rt public mc:a:ings t=hllU btt.om~ propeny niche-City ofMcridrUJ'J. An)'Oli-c-de.siring.ILcWJ.M';CdJ.sion rordisoibifiLic:a rcbttd. [0. documtn~omdfor hearings flle.1.SC: ~.oJ)bcllhc CiLy(:la1I:'$ Office ~18SS-4433 a1 J~14S buu.r..: priorm d.c pu.blic meetin!:. 2. 3, Consent Agenda: A, B. C. D. E. F. ** COMMUNICATIONS REPORT ** TOTAL PAGES SEND 0076 RECEIVE 0000 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 DATE TIME TO/FROM 10/21 23:25 8841159 10/21 23:26 2088840744 10/21 23:28 POLICE DEPT 10/21 23:30 8985501 10/21 23:32 LIBRARY 10/21 23:34 92083776449 10/21 23:36 208 388 6924 10/21 23:38 2088886854 10/21 23:40 ALL AMERICAN INS 10/21 23:42 208 895 0390 10/21 23:44 Laurel 10/21 23:46 208 387 6393 10/21 23:48 ADA CTY DEVELMT 10/21 23:51 208-888-5052 10/21 23:53 CHERRY LANE 10/21 23:55 POST OFFICE 10/21 23:58 IDAHO ATHLETIC C 10/22 00:00 ID PRESS TRIBUNE 10/22 00:02 2088886701 AS OF OCT 22 '03 05:00 PRGE.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 G3--S EC--S EC--S EC--S EC--S EC--S EC--S TOTAL TIME CITY OF MERIDIAN SEND 00028'33" RECEIVE 00000'00" MIN/SEC PGS 01'20" 004 01'20" 004 01'20" 004 01'20" 004 01'47" 004 01'19" 004 01' 46" 004 01' 20" 004 01' 19" 004 01' 19" 004 01 ' 21" 004 01'20" 004 02'18" 004 01'19" 004 01'46" 004 02'18" 004 01'21" 004 01'20" 004 01'20" 004 CMDI:I 016 016 016 016 016 016 016 016 016 016 016 016 016 016 016 016 016 016 016 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, October 21, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: 2. Tammy de Weerd )( Cherie McCandless X o Mayor Robert Corrie Adoption of the Agenda: AorYD\.)"0 1, X Bill Nary Keith Bird 3. Consent Agenda: A. Approve minutes of October 7,2003 Pre-Coypcil Meeting: f:Jf{J t1J V0 Tabled from October 14,2003: Resolution No. ();3'- LJ /5 Approving the Memorandum of Understanding with Meridian Firefighters Local 2311 regarding Wages: Ar-f VOrK-- Tabled from October 14, 2003: October 2003 Addendum to Development Agreement Correcting the legal description for AZ 00-026 Bear Creek Subdivision No. 6 (fka I approved as Kodiak Development): ,AlP rove Findings of Fact and Conclusions of Law for Approval: VAC 03-005 Request to vacate 29 feet of right of way along the alignment of Venable Lane for Cedar Sprinas No.3 by Howell Murdoch Development, Corp. - west of North Meridian Road and north of West Ustick Road: /JrJfro1Jf....- Findings of Fact and Conclusions of Law for Approval: CUP 03-038 Request for a Conditional Use Permit for a tri-plex in an R- 15 zone for Troy Palmer Tri-Plex by Troy Palmer - 1236 East 2 Y2 Street: /JtfYo~ Findings of Fact and Conclusions of Law for Approval: CUP 03-040 Request for a Conditional Use Permit for a Planned Development for shell and core for multi-floor medical office building in an L-Q zone for Meadow Lake Villaae Medical Office ~lrG Meridian City Council Agenda - October 21, 2003 Page lof4 All materials presented at public meetings shall become propelty of the City of Meridian, Anyone desiring accomlUodatio n 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, B. C. D. E. F. by Hummel Architects, P .A. - east of North Eagle Road and south of East Franklin Road: J+..p-p YDtJ-0 G. Findings of Fact and Conclusions of Law for Approval: AZ 03- 017 Request for annexation and zoning of 6.00 acres from RUT to R-4 zones for proposed Parkway Subdivision by Six Point Development, LLC - 355 West l)s!i<?,k Road: Jt(fV(l)lX'.-> H. Findings of Fact and Conclusions of Law for Approval: PP 03- 022 Request for Preliminary Plat approval of 14 building lots and 3 other lots on 6.00 acres in a proposed R-4 zone for proposed Parkway Subdivision by Six Point Development, LLC - 355 West Ustick Road: J+p-py()~ I. Development Agreement: AZ 03-016 Request for annexation and zoning of 80.51 acres from R-1 to C-G zones for proposed Silverstone Business Campus by Sundance Investments southeast corner of East Overland Road and South Eagle Road: !+p-{>YDfJ-C, J. Development Agreement: AZ 03-014 Request for annexation and zoning of 33.25 acres from RUT to R-8 zones for proposed Tuscanv Villaae by Tuscany Development, Inc. - south of East Victory Road and west of South Locust Grove Road: 1J,d;ffvv--G K. Development Agreement: 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 Kellv Creek Subdivision by Kevin Howell Construction - northwest corner of North Linder Road and West McMillan Road: ~V0 L. Water Main Easement for the Sonoma Square Building in Bonito Subdivision - Kimball ~es Limited: 1I0 M. Acknowledgement of Judges and Clerks for November 4, 2003 General Election as submitted by Elections Coordinator Lova June Pack: IJffrOV6 4. Department Reports: 5. (Items Moved from Consent Agenda) 6. Continued from October 14, 2003: Ordinance No. 03 -- \ (j\o[ Amending Ordinance 03-1033 Correcting the legal description for AZ 00-026 Bear Creek Subdivision No.6 (fka / approved as Kodiak Development): Ai.~Y'O~ Meridian City Council Agenda - October21, 2003 Page 2 of 4 All materia is 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 888-4433 alleasl48 hours prior to the public meeting. 7. 8. 9. 10. 11. 12. 13. 14. Continued from October 14, 2003: Ordinance No. 03- Jot50 Amending Ordinance 03-1037 AZ 03-012 Request for annexation and zoning of 24.004 acres from R1 to R-2 zones for Carol Subdivision by The City of Meridian - west of North Eagle Road and south of East Ustick Road: Po/1 rD'V"--L--' Ordinance No. [Yh ~ I 05 \ AZ 03-016 Request for annexation and zoning of 80.51 acres from R-1 to C-G zones for proposed Silverstone Business Campus by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: Ar-p rolf{; Ordinance No. 0:0 -106:2- AZ 03-014 Request for annexation and zoning of 33.25 acres from RUT to R-8 zones for proposed Tuscany Villaae by Tuscany Development, Inc, - south of East Victory Road and west of South Locust Grove Road: I+r-p O;;/J-L.' Ordinance No. 03 ~! (OS 3 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 Road: v~ r'Q\.X...... Tabled from October 7, 2003: FP 03-048 Request for Final Plat approval of 92 residential building lots and 11 other lots on 35.52 acres in an R-8 zone for Birchstone Subdivision by Centennial Development, LLC - northwest corner of W7ts~. Ustick Road and North Black Cat Road: tTffJ rD()-(../ Continued Public Hearing from October 14, 2003: ZOA 03-002 Request for Amendments to Siqn Ordinance: . J1++Orru.i::) +0 }J{e-f~ OrtUrteuv~ Continued Public Hearing from October 14,2003: AZ 03-015 Request for annexation and zoning of 9,8 acres from RUT to R-8 zones for proposed Saaeland Planned Development by Quasar Development, LLC - northeast corner of South Locust Grove Road and East Victory Road: C6Yli. PI h io OCichtI 2g; '2003 tJlc.-- 15. Continued Public Hearing from October 14,2003: PP 03-020 Request for revised Preliminary Plat approval of 41 building lots and 9 other lots on 10.64 acres in a proposed R-8 zone for proposed Saaeland Planned Development by Quasar Development, LLC - northeast corner of South Locust Grove Road ~nd East Victory Road: ! l:U)'l+, ? (h +0 Ocfo0E4 Z~'I loo3 C, C. Continued Public Hearing from October 14, 2003: CUP 03-036 Request for Conditional Use Permit for a Planned Development with a private neighborhood park in an R-8 zone for proposed Saaeland Planned Development by Quasar Development - northeast corner of South Locust Grove Road and East Victory Road: CUVL+ 7th -to f)dcbu) 2g' 2vv3Ct Meridian City Council Agenda ~ October 2l, 2003 Page 3 of 4 ) {l.. All materials presented at public meetings shall become property of the City of Meridian. Anyone desi ring accommodation for disabilities related to documents and/or hearings piease contact the City Clerk's Office at &88-4433 at least 48 hours prior to the public meeting. 16. Public Hearing: CPA 03-003 Request for amendment to the text of the Comprehensive Plan to allow new residential uses within the mixed use WWTP zoning designation for proposed Stapleton Subdivision by Wardle and Associates - 3680 West Ustick Road: COYL i ? I h -Iv NOVtwz0.rul 5/2003 17. Public Hearing: RZ 03-009 Request for a Rezone of 6.39 acres from C-N to R-8 zones for proposed Stapleton Subdivision by Wardle and Associates - 3680 West Ustick Road: t())~i; plh -tv caoVi'iYYLhut 0,201)3 18. Public Hearing: PP 03-019 Request for Preliminary Plat approval of 40 building lots and 7 other lots on 5.93 acres in a proposed R-8 zone for proposed Stapleton Subdivision by Wardle and Associates - 3680 West Ustick Road: CvVl-t ?!h to Nolf8'YY1h.ul 6/ ZO-03 19. Public Hearing: CUP 03-034 Request for a Conditional Use Permit for a Planned Development for a 41-lot subdivision to include a reduction in minimum size lots, size of homes, minimum square footage on main floor of multi-level homes, and setbacks in a proposed R-B zone for proposed Stapleton Subdivision by Wardle and Associates - 3680 West Ustick Road: tor-lt vltt -to/fov&m.bU) S,20-03 20. Water, Sewer and Trash Delinquencies: ~?o1-ro l)-(- at ~ -r~Vl, n 0 rr cl CL -k~ cf OCt '22) '2-0--0 '0 Oei 2crJ2-D03 Meridian City Council Agenda- October 21,2003 Page 4 of4 All matelials presented at public meetings shall become property of the City of Meridian. Anyone desiring accolIunodation 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, Meridian City Council Meetin~ October 21 ,2003 The Regular Meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, October 21,2003, by Council President Tammy de Weerd. Members Present: Tammy de Weerd, William Nary, Keith Bird, and Cherie McCandless. Members Absent: Mayor Robert Corrie. Others Present: Bill Nichols, Sharon Smith, Anna Powell, Brad Watson, Brad Hawkins- Clark, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Tammy de Weerd X X Cherie McCandless X o Robert Corrie Bill Nary Keith Bird De Weerd: Okay. I will go ahead and call the regular meeting of October 21st, 2003, to order. We'd like to welcome you all here and ask the Deputy Clerk to call roll. I'm sorry, Sharon. I was ahead of you. Smith: That's okay. I'm ready. Item 2: Adoption of the Agenda: De Weerd: Thank you. Okay. Item two, adoption of the agenda. Bird: Madam President? De Weerd: Mr. Bird. Bird: I don't believe we have any changes on the agenda tonight, so I would move that we adopt the agenda as pu blished. Nary: Second. De Weerd: Okay. It's been moved and seconded to adopt the agenda as published. All those in favor say aye. Okay. All ayes. Motion carried. MOTION CARRI ED: ALL AYES. Item 3: Consent Agenda: A. Approve minutes of October 7,2003 Pre-Council Meeting: Meridian City Council October 21, 2003 Page 2 of 68 B. Tabled from October 14,2003: Resolution No. Approving t he Memorandum of Understanding with Meridian Firefighters Local 2311 regarding Wages: C. Tabled from October 14, 2003: October 2003 Addendum to Development Agreement Correcting the legal description for AZ 00-026 Bear Creek Subdivision No. 6 (fka / approved as Kodiak Development): D. Findings of Fact and Conclusions of Law for Approval: VAC 03-005 Request to vacate 29 feet of right of way along the alignment of Venable Lane for Cedar Sprin~s No.3 by Howell Murdoch Development, Corp. - west of North Meridian Road and north of West Ustick Road: E. Findings of Fact and Conclusions of Law for Approval: CUP 03-038 Request for a Conditional Use Permit for a tri-plex in an R- 15 zone for Troy Palmer Tri-Plex by Troy Palmer - 1236 East 2 % Street: F. Findings of Fact and Conclusions of Law for Approval: CUP 03-040 Request for a Conditional Use Permit for a Planned Development for shell and core for multi-floor medical office building in an L-O zone for Meadow Lake Villa~e Medical Office by Hummel Architects, P.A. - east of North Eagle Road and south of East Franklin Road: G. Findings of Fact and Conclusions of Law for Approval: AZ 03- 017 Request for annexation and zoning of 6.00 acres from RUT to R-4 zones for proposed Parkway Subdivision by Six Point Development, LLC - 355 West Ustick Road: H. Findings of Fact and Conclusions of Law for Approval: PP 03- 022 Request for Preliminary Plat approval of 14 building lots and 3 other lots on 6.00 acres in a proposed R-4 zone for proposed Parkway Subdivision by Six Point Development, LLC - 355 West Ustick Road: I. Development Agreement: AZ 03-016 Request for annexation and zoning of 80.51 acres from R-1 to C-G zones for proposed Silverstone Business Campus by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: J. Development Agreement: AZ 03-014 Request for annexation and zoning of 33.25 acres from RUT to R-8 zones for proposed Meridian City Council October 21, 2003 Page 3 of 68 Tuscany Villa~e by Tuscany Development, Inc. - south of East Victory Road and west of South Locust Grove Road: K. Development Agreement: 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 Road: L. Water Main Easement for the Sonoma Square Building in Bonito Subdivision - Kimball Properties Limited: M. Acknowledgement of Judges and Clerks for November 4, 2003 General Election as submitted by Elections Coordinator Lova June Pack: De Weerd: Item three is the Consent Agenda. Please note on item B, the resolution number is 03-415. Bird: Madam President? De Weerd: Mr. Bird. Bird: I'd move that we approve the Consent Agenda, including resolution number 03- 415 and for the President 0 f t he Council to sign and the Clerk to -- Deputy Clerk to attest all papers that need be. Nary: Second. De Weerd: Okay. It's been moved and seconded to adopt the agenda as stated. Or Consent Agenda. Mrs. Deputy Clerk -- Sharon, will you call roll. Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. MOTION CARRIED: ALL AYES. Item 4: Department Reports: De Weerd: Okay. Item four does not show any department reports. Are there any? Item 5: (Items Moved from Consent Agenda) De Weerd: Okay. We did not move any items from the Consent Agenda for item five. Item 6: Continued from October 14, 2003: Ordinance No. Amending Ordinance 03-1033 Correcting the legal description for AZ Meridian City Council October 21, 2003 Page 4 of 68 00-026 Bear Creek Subdivision No.6 (fka I approved as Kodiak Development): De Weerd: So, we will go ahead and move to item six. Continued from October 14th, Ordinance No. 03-1049, amending Ordinance 03-1033, correcting the legal description for AZ 00-026, Bear Creek Subdivision No.6, formerly known and approved as Kodiak Development. Sharon, will you, please, read this ordinance by title only. Smith: Thank you. I have City of Meridian Ordinance No. 03-1049, an ordinance amending 0 rdinance No. 03-1033, finding that certain I and to be part 0 f Bear Creek Subdivision and that Bear Creek, LLC, are owners of certain real property located at 2435 South Meridian Road, which lays 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 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 map of the City of Meridian, Idaho, and directing the Clerk of the City 0 f Meridian to file a certified copy of t he 0 rdinance and map of t he a reas to be annexed with the 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. De Weerd: Thank you, Mrs. Deputy Clerk. You have heard Ordinance No. 03-1049 read by title only. Is there anyone who would like to hear it read in its entirety? Okay. Hearing none, Council? McCandless: Madam President? De Weerd: Mrs. McCandless. McCandless: I move that we approve Ordinance No. 03-1049, amending Ordinance 03- 1033, correcting the legal description for AZ 00-026, Bear Creek Subdivision No.6, with suspension of rules. Nary: Second. De Weerd: Okay. It's been moved and seconded to approve Ordinance 03-1049. Mrs. Deputy Clerk, if you will please call role. Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. MOTION CARRIED: ALL AYES. Meridian City Council October 21, 2003 Page 5 of 68 Item 7: Continued from October 14, 2003: Ordinance No. Amending Ordinance 03-1037 AZ. 03-012 Request for annexation and zoning of 24.004 acres from R1 to R-2 zones for Carol Subdivision by The City of Meridian - west of North Eagle Road and south of East Ustick Road: De Weerd: Thank you. Okay. Item seven is continued from October 14th, 2003, Ordinance No. 03-1050, amending Ordinance 03-1037 on AZ 03-012, request for annexation and zoning of 24.004 acres from R-1 to R-2 zones for Carol Subdivision by the City of Meridian. We will have our Deputy Clerk read this Ordinance by title only. Smith: Thank you, Madam President. I have Ordinance No. 03-1050, an ordinance correcting Ordinance No. 03-1037, an ordinance correcting the legal description for Ordinance No. 03-1037 for Carol Subdivision, which is generally located west of North Eagle Road and south of East Ustick Road, Meridian, Idaho, and declaring that said land, by proper legal description as described herein below, be a part of the City of Meridian, County of Ada, State of Idaho. De Weerd: I'd like to thank the attorney for cleaning up that title. You have heard this Ordinance 03-1050, by title only. Is there anyone who would like it read in its entirety? Thank you. Okay, Council? Bird: Madam President? De Weerd: Mr. Bird. Bird: I'd move that we approve Ordinance No. 03-1050, amending Ordinance 03-1037 for Carol Subdivision, the annexation and zoning of 24.004 acres from R-1 to R-2 zones and with the suspension of rules. Nary: Second. De Weerd: Okay. It's moved and seconded to approve Ordinance 03-1050. Deputy Clerk, please call roll. Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. MOTION CARRIED: ALL AYES. Item 8: Ordinance No. AZ 03-016 Request for annexation and zoning of 80.51 acres from R-1 to C-G zones for proposed Silverstone Business Campus by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: Meridian City Council Oclobe r 21, 2003 Page 6 of 68 De Weerd: Okay. Item eight, Ordinance 03-1051, request for annexation and zoning of 80.51 acres from R-1 to C-G zones for the proposed Silverstone Business Campus by Sundance Investments. We will start with Deputy Clerk to read this by title only. Smith: Thank you. I have City of Meridian Ordinance No. 03-1051, an ordinance finding that Sundance Investments Limited Partnership and Ada County Highway District, the owners of certain real property generally located east of Eagle Road and south of Overland Road, Meridian, Idaho, to be known Silverstone Campus 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 General RetaU 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 the 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. De Weerd: Thank you very much. You have heard Ordinance 03-1051 read by title only. Is there anyone who would like it read in its entirety? Either she's put them all to sleep or they don't want it read. Nary: We just know why the City Clerk didn't come tonight. Madam President? De Weerd: Mr. Nary. Nary: I'd move the approval of Ordinance No. 03-1051, AZ 03-016, the request for Annexation and Zoning of 80.51 acres from R-1 to C-G zones for the proposed Silverstone Business Campus by Sundance Investments at the southeast corner of East Overland Road and South Eagle Road, with suspension of rules, pursuant to the Idaho Code. McCandless: Second. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve Ordinance 03-1051. Mrs. Deputy Clerk, will you, please, call roll. Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. MOTION CARRIED: ALL AYES. Meridian City Council October 21,2003 Page 7 of 68 Item 9: Ordinance No. AZ 03-014 Request for Annexation and Zoning of 33.25 acres from RUT to R-8 zones for proposed Tuscany Villa~e by Tuscany Development, Inc. - south of East Victory Road and west of South Locust Grove Road: De Weerd: Thank you. Okay. Item nine, Ordinance 03-1052 on AZ 03-014, request for Annexation and Zoning of 33.25 acres from RUT to R-8 zones for the proposed Tuscany Village. We will begin by the Deputy Clerk reading this ordinance by title only. Smith: Thank you. I have City of Meridian Ordinance No. 03-1052, an ordinance finding that Tuscany Development Corporation, the owner of certain real property generally located at the southwest intersection of Victory Road and South Locust Grove Road in Meridian, Idaho, to be known as Tuscany Village 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) 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 map 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 area to be annexed with the 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. De Weerd: Thank you. You have heard Ordinance 03-1052 by title only. Is there anyone who would like it read in its entirety? Hearing none, Council? McCandless: Madam President? De Weerd: Mrs. McCandless. McCandless: I move that we approve Ordinance No. 03-1052, a request for Annexation and Zoning of 33.25 acres from RUT to R-8 zones for the proposed Tuscany Village by Tuscany Development, Incorporated, with suspension of rules. Nary: Second. De Weerd: Thank you. It's been moved and seconded to approve Ordinance 03-1052. Mrs. Deputy Clerk, will you, please, call roll. Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. MOTION CARRIED: ALL AYES. Meridian City Council October 21, 2003 Page 8 of 68 Item 10: Ordinance No. 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 Road: De Weerd: Okay, Item 10 is Ordinance 03-1053 on AZ 03-013, request for Annexation and Zoning of 79.77 acres from RUT to R-8, C-G, and L-O zones for the proposed Kelly Creek Subdivision. Mrs. Deputy Clerk, will you, please, read this ordinance by title only. Smith: Thank you. Members of Council. I have City of Meridian Ordinance No. 03- 1053, an ordinance finding that Kevin Howell, Kelly and Brenda Fulfer, Jack Fulfer, Randall and Tonya Calkins, and Kevin Howell Construction, the owners of certain real property generally located at the northwest corner of Linder and McMillan Roads, Meridian, Idaho, to be known as Kelly Creek 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), 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 map of the City of Meridian, Idaho, and directing the Clerk of the City of Meridian to file a certified copy of the ordinance and map of the areas to be annexed with the Ada County Recorder, Auditor, Treasurer, and Assessor and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215. De Weerd: Thank you. You have heard the reading of Ordinance 03-1053. Is there anyone who would like it read -- this ordinance read in its entirety? Okay. Nary: Madam President? De Weerd: Mr. Nary. Nary: This is the last one, folks, too. I'd move the approval 03-1053 for AZ 03-013, the request for Annexation and Zoning of 79.77 acres from an RUT to R-8, C-G, L-O zones for the proposed Kelly Creek Subdivision by Kevin Howell Construction at the northwest corner of North Linder Road and West McMillan Road, with suspension of rules. McCandless: Second. De Weerd: Okay. It's been moved and seconded to approve Ordinance 03-1053. Mrs. Deputy Clerk, will you, please, call roll. Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Meridian City Council October 21, 2003 Page 9 of 68 MOTION CARRIED: ALL AYES. Item 11: Tabled from October 7, 2003: FP 03-048 Request for Final Plat approval of 92 residential building lots and 11 other lots on 35.52 acres in an R-8 zone for Birchstone Subdivision by Centennial Development, LLC - northwest corner of West Ustick Road and North Black Cat Road: De Weerd: Thank you very much. Okay. Item 11, tabled from October 7th, 2003, FP 03-048, request for final plat approval of 92 residential building lots and eleven other lots on 35.52 acres in an R-8 zone for Birchstone Subdivision. Staff. Powell: Madam President, Members of the Council, this was tabled because there was an issue about a road easement at the northern portion of the site. They have resolved that, so we are finally here before you. The preliminary plat -- or I mean the final plat does substantially comply with the preliminary plat. They have -- this is the preliminary flat. This is the final plat. They have added one small pathway right here that was not on the preliminary plat that's on the east side of the subdivision coming off of Black Cat toward the northern corner of the property, but staff was fine with the addition of open space to the preliminary plat. There is one small issue remaining over in this corner. This lot still doesn't have access. There was a little -- there was a little interim lot here that was supposed to be included with Lot 4. They, instead, included it with Lot 5. So, there is a note to that effect in the conditions of approval.. But other than that, it substantially complies and staff is recommending approval of the final plat that's dated October 9th. De Weerd: Thank you, Anna. Is the applicant here tonight? Would you like to step up here, please. Just state your name and address. Pull the mike towards you. Thank you. Porter: Carl Porter with W&H Pacific in Boise and representative of our client. De Weerd: Do you agree with the conditions that staff -- Porter: We accept the conditions of approval. De Weerd: Okay. Any further comments? Porter: No, ma'am. De Weerd: No? Council, any questions? Okay. Thank you very much. I would entertain a motion on this application. Bird: Madam President? De Weerd: Mr. Bird. Meridian City Council October 21, 2003 Page 10 of 68 Bird: I would move that we approve the final plat approval of 92 residential building lots and 11 other lots on 35.52 acres in an R-8 zone for Birchstone Subdivision by Centennial Development, LLC, northwest corner of West Ustick Road and North Black Cat Road and incorporate staff and applicant comments. The date on the final plat is 10/9/03. And for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. McCandless: Second. De Weerd: Okay. It's been moved and seconded to approve Item number ii, FP 03- 048, request for final plat approval for Birchstone Subdivision. Mrs. Deputy Clerk, will you, please, call roll. Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. MOTION CARRIED: ALL AYES. Item 12: Continued Public Hearing from October 14, 2003: ZOA 03-002 Request for Amendments to Si~n Ordinance: De Weerd: Thank you. Okay. We have Item 12, continued Public Hearing from October 14th, 2003,0 n ZOA 03-002, request for amendments to our sign ordinance. Brad. Hawkins-Clark: Thank you. Good evening. Hopefully, you received a memo from myself dated October 16 and I think the goal of that memo was basically to highlight several of the items that Council and the public raised at the last Public Hearing for the sign ordinance. A couple of directions were given. One was to meet with Commissioner David Zaremba and Debbie Anderson of Idaho Electric Signs to review the electric reader boards paragraph. We did do that and I think we have some consensus, at least among -- among us, as well as Joe Venneman, the City Code Enforcement Officer, in terms of enforceability. And, then, there was also a couple other research items that were done since the last hearing. So, the way that I have presented it, I have tried to just refer to the page numbers of the draft ordinance, so that if, at the Council's pleasure, to just basically refer to this memo. I think the only item, maybe, to point out, assuming that you don't have any initial questions, the clarification that we made on the second page of my memo on item number four, as you may recall, there was a much longer description about h ow these electronic reader boards may work. Basically, we nailed it down to A and B under item four, which we felt, after going over this for about two hours thinking, well, what really is the safety issue. I think I also submitted to you a memo from Chief Bill Musser, who commented that the wording that you see here they felt was adequate. They have not really had an issue that they can determine with the animated signs having any kind of a hazard on traveling public. So, he was okay with this language. It basically eliminates somebody flashing and strobing letters of any kind to have text It does not eliminate the opportunity for someone to use Meridian City Council October 21,2003 Page 11 of 68 a graphic. For example, a hopping bunny during Easter time or at July 4th having some kind of animated firework on the screen, something like that, that, you know, these reader boards can be programmed in a very dramatic way. So, if it's graphically oriented, this -- as it's worded, it's not prohibited from having that flashing effect. This is geared towards text that is intended to be read and to eliminate -- if you want us to read it, put it on the screen for five seconds, leave it there, and, then, change the screen if you want after that point. But that's, essentially, what this accomplishes, I think. So, was there any discussion that you wanted to have on that point? Nary: Madam President? De Weerd: Mr. Nary. Nary: I guess if we wanted to address instead of having it say in all other text displays for 4-B, you could just say in all other displays and so that would incorporate text and characters. If you want -- if we wanted to -- Hawkins-Clark: Correct. Right. Nary: -- do that. I mean I don't know if it's a burning desire either way, but I just -- I guess if we took out text that would probably cover that as well, too. Hawkins-Clark: Right. If it read -- yeah. And also striking the letters and/or numbers, maybe. Nary: Right. Hawkins-Clark: If you went that way. Yeah. I think -- one of the arguments that was made was these signs are manufactured with a lot of capabilities and, you know, if the city is going to allow them, then, what's -- you know, is it equitable to basically take away their ability to program these signs that they have purchased and, you know, if we are going to allow the reader boards anyway. A nd it really becomes difficult for the Code Enforcement Officer, I think, to subjectively go to some of these and determine is that a graphic, is it not, so we went with just strictly text. I mean if it is intended to be read and, you know, processed by a reader, rather than just sort of artwork, so that was the thinking of our small, humble committee, anyway. De Weerd: So humble. Any other questions for Brad? Nary: Madam President. I just had one. Brad, in your memo in the second paragraph, the last sentence says -- well, the second to t he last says if the Council chooses to make a motion of approval or recommend incorporating this memo, which I think is good. It says staff can, then, prepare a final ordinance based on -- Hawkins-Clark: Yes. That's a fill-in-the-bJank opportunity. Meridian City Council October 21, 2003 Page 12 of 68 Nary: Oh. I'm sorry. Okay. Hawkins-Clark: The merged documents. I'm sorry. That's what that was intended to say. I'm sorry. Nary: Okay. Hawkins-Clark: Yeah. On page 19, which deals with the vehicle signs, Councilman Bird and I think Councilman Nary both expressed some concerns about that regulation dealing with the 72 hours and putting some kind of a time frame and after reviewing a number of codes, very few jurisdictions really go into much explanation or detail about this. One suggestion that was given at the last hearing was to have the vehicle signs -- just have a distance. The 35 feet -- so it reads the parking of any public -- or any vehicle or trailer on either public or private property, any part of which is located within 35 feet of a public right of way and which has affixed to it a sign which is intended to attract 0 r direct customers to a business, is prohibited. Thirty-five feet is the widest landscape buffer that our ordinance currently has in certain entryway corridors. Most of them 20, 25, but the 35 feet would, basically, accommodate that and, for the most part, it would eliminate using the first bay of parking stalls that front an arterial road. So, I think it -- we are using a measurable distance as the enforceable thing, there instead of a time standard that is difficult to enforce. Bird: Madam President? De Weerd: Mr. Bid. Bird: I have got a question on that to Brad. Brad, I do like the wording a lot better on this, but, you know, out on some of these jobs -- and I like the 35 feet, but I don't think it's going to be practical on some of these jobs, because the site are so tight anyway and, you know, these big contractors bring out their semis to work out of on these larger jobs that have signs -- their company sign on it. It's not advertising business, because they have already got the job. Would that be included in this ordinance here or not? I don't believe it would be, but we need a clarification on it, I think. Hawkins-Clark: Yeah. I think, Councilman Bird, about midway through that paragraph it states this is not intended to apply to standard identification practices where advertising displays are painted on a permanently attached -- painted on or permanently attached to a business or commercial vehicle that's actively being used. Since we eliminated the actively part, I think, clearly, if they are actively using a trailer, you know, on a construction site, I think -- at least that would be my interpretation. Nichols: Madam President? De Weerd: Mr. Nichols. Meridian City Council October 21,2003 Page 1 3 of 68 Nichols: Madam President, Members of the Council, also in the previous sentence it talks about where it's intended to attract or direct customers and that construction trailer is not intended to attract customers to that site or direct them in some manner. So, I don't see that type of display as violating this provision. De Weerd: Thank you. Any further questions? Okay. Did you want to comment, Debbie? Are there any questions for Debbie Anderson? She worked on some of these reVISions. Bird: Madam President? De Weerd: Mr. Bird. Bird: I would like her on record either yea or nay with the revised -- you know, this is her business. Anderson: Debbie Anderson with Idaho Electric Signs, 6528 Supply Way in Boise. I'll stand for questions. De Weerd: I'm sorry. It is a continued Public Hearing and you were sworn in -- Anderson: Correct. De Weerd: -- at the last one, but I will swear you in one more time. Because I love doing it. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Anderson: So help me God. De Weerd: Thank you. Anderson: You're welcome. Bird: Madam President? De Weerd: Mr. Bird. Bird: Debbie, is the changes and stuff all suitable to the committee, you and Dave, and you met with Brad and everything, and agree with all these changes? Anderson: I think that given the variables that are involved in signage and advertising issues, I think that we did come up with the best solution for all involved and I think it's acceptable to everyone. Bird: Okay. Thank you very much. Meridian City Council October 21, 2003 Page 14 of 68 Anderson: Thank you. De Weerd: Thanks for you help. Nary: Madam President. I just have a question, too. On that issue we talked a couple of times about the scrolling signs and the reader boards. What is your thoughts on this - - this one little point that's sort of left on the text displays versus character displays? I guess the flashing is what concerns me, because I think it's a distraction to the roadway. Anderson: Right. We discussed this issue at great length at our last meeting and I think the way we resolved it was in order to compromise, we decided that the existing language was -- was most comprehensive and just to perhaps reword it a little bit to n I guess to cover some of those areas which can be very subjective and the fact that you're not allowing flashing and strobing I thought covered those areas which were a source of irritation with some of those existing signs and future signs. Nary: Isn't that flashing and strobing only prohibited if it's text, not if it's something else? Anderson: Well, as Brad kind of tried to articulate, it's -- we are not -- we are not denying graphics that are animated. For instance, the hopping bunny, fireworks on the Fourth of July. What was -- I think we found to be more a problem was that strobing, irritating effect that is possible on the message centers that it's not always necessary to get your point across. So, I think that was where most of the opposition was, that the sign not be obnoxious, but still be effective. Nary: Sure. Was there any discussion for the committee and you being a part of that industry, in educating the public out there that -- the different businesses in town about these changes and how to get that message across? Because, obviously, if we pass this ordinance here in the near future, we could either make it take effect at a later date, so we have some time to educate the businesses about what's going to be available and usable -- I guess I don't want someone coming in and saying I just bought a 30,000 dollar sign and now I can't use it. Anderson: Right. Correct. I don't think that this will affect, really, anyone with an existing sign. There are a couple that are in existence now, which were, actually, approved under the old ordinance, which still denied f lashing and strobing. So, you know, with that ordinance having been in effect when t hey were approved, t hat was covered. So, this is not really going to deny anyone full use of their sign, its just going to I think moderate the effect that you can do on that. Nary: Thank you. Anderson: Thank you: De Weerd: Maybe even better clarify. Meridian City Council October 21,2003 Page 15 of 68 Anderson: Right. I think it's much better clarified now. I think it's very clear what the expectations are of a user of that type of electronic message center and it is a very effective way of advertising, but it's not meant to be an eye sore or obnoxious in the city. So, there are a lot of things that you can do with these -- these message centers that won't be -- and that are allowed under the way the ordinance is rewritten. And certainly a lot easier to -- I think to police. De Weerd: Enforce. Yes. I'm sure Joe will appreciate the new language. Nary: Madam President, if I could ask -- De Weerd: Mr. Nary. Nary: And I don't know whether Mr. Nichols can answer this or Mr. Hawkins-Clark, but, you know, since we are not talking about -- I guess I'm not seeing grandfathering issues here of signs, because some of this -- some of these signs prohibited here, like to reader board ones, are uses of the signs, not the signs themselves. Anderson: Correct. That's correct. Nary: I mean you can still have a reader board, you just can't have it maybe doing what it used to do. Anderson: Right. Nary: So, again, I think -- has there been some discussion or thought about educating some of those businesses that maybe may not be in compliance any longer if we pass this ordinance, so that they are aware that is going to change. I don't know if we have done any of that type thing and maybe I'm wrong, maybe there is some more of a grandfathering type of issue, but it seems to me usage of sign really isn't going to be a grandfathered issue. Anderson: I don't believe that there is a grandfather issue. Of course, I'm not a lawyer, but any usage of those signs that I would -- I would say are not being used appropriately, that was already in effect, it just has never been enforced, because there was a gray area there. But the sign ordinance, when those were approved, did prohibit flashing and strobing. So, that, in itself, you know, was against ordinance. Nary: And I guess that wasn't the only one I was thinking about. It's like the vehicle signs, for example, those types of things. Anderson: Oh, I see. Yes. That might be an issue. Nary: I don't think you have a grandfather right to continue to park the vehicle there. So, I guess I think it's another issue just -- of educating them before these, you know, come into effect, I guess, is my thought. Meridian City Council Octobe r 21, 2003 Page 16 of 68 Anderson: Correct. Of course, the City Council meetings and the group that we had together, the committee, that was all open to anyone who wanted to attend, as are the Council meetings, to discuss this. So, I would -- Nary: Oh, I agree, too. Anderson: -- hope that anyone who had any opposition to the sign ordinance would attend. Nary: I agree with you, but we could shout it on the front steps -- Anderson: That's exactly right. Nary: -- and I guarantee you, people are going to come and say I didn't know. Anderson: That's exactly right. Thank you very much. We appreciate your time. De Weerd: I imagine that we can take care of some of those by the date that we set and ask the code enforcement officer to maybe go out and look at those businesses that will have some impact to -- and let them know it is on its way to be changed. Hawkins-Clark: Yes. And education has been a goal of his, particularly of late, you know, to spend quite a bit of time with business owners, property owners, business managers, you know, to help them understand. I think the text change will certainly impact several, you know, around town that use text for more like one or two seconds, instead of five, and I guess I would agree, I don't know about Mr. Nichols, but, you know, if you set it -- if the adoption was effective right of way, you know, maybe Joe could continue to work with them, instead of citing right away. I mean it could be an education process. I don't -- De Weerd: Mr. Nichols, do you have any comment? Nichols: Madam President, Members of the Council, I think the way to do it is to set an effective date that's in the future and, then, direct the Code Enforcement Officer to basically -- we know those that need to make some changes and go to those first and, then, if there is a data base of sign permit holders, I mean there might be a letter that could go out to them that says there have been changes in the sign code, you know, contact us if you have any issues or questions, but rather than change it, have it effective immediately, and go out and give warnings, because you -- that's really not a very diplomatic way to do it. I -- in a sense of fairness, if you say the ordinance would be effective -- let's just say December 1 st and you had a letter or a hand bill or something that Joe could pass out to business owners and managers, that's going to get you a lot farther than to say you're in violation, but I'm not going to do anything to you, but I'm going to be back in a week to see if you got it fixed. That's just not really a very good way to do it. Meridian City Council October 21. 2003 Page 17 of 68 De Weerd: Thank you. Hawkins-Clark: Madam President? Sorry. If I could just mention one concern on that. I think we are holding like three or four applications in anticipation of this ordinance being passed and I don't know if it's an option to just have the effective date be on just a key -- couple key sections, like the animated sign. I guess what I'm saying is there has been some expectation that our department has given to sign companies that the ordinance would come through within, you k now, the next few weeks -- let's put the December 1 st, that's just one concern that we have. Nichols: Madam President, Members of the Council, we can -- I think we can work on the effective date part of it and there could be a distinction in the effect of the ordinance with regard to say physical standards, because it seems to me the sign permit would be directed to the size of the sign, the type of the sign -- Hawkins-Clark: Height. Nichols: -- all of those sorts of things could be effective at one -- we'd have to look at that, but we could either do it in two pieces, adopt some amendments as one part that are effective immediately and, then, adopt a second ordinance with the other part that's effective in the future. We can try to sort through that and see how we can get it -- De Weerd: Would it be a little easier to look at it in terms of existing and proposed? That existing would allow a certain length of time to come into compliance, so Joe had an opportunity to talk with them? Nichols: We can look at that. We can also look at whether we have -- we will figure out some way to get it done, so that that -- we will find some way to put it in final form to where it does what you need done. De Weerd: Thank you. Okay. This js a Public Hearing. Is there anyone else who would like to testify on this item? Okay. Nary: Madam President? De Weerd: Mr. Nary. Nary: I just had one last comment before we close the Public Hearing. We did have some further follow up after our last hearing from the gentleman who owns the Subway out there at Magic View and had some very good information in that as well and I would concur, too, with his concerns, because I guess I didn't know where it was. I did see it since our last hearing and didn't realize where it is located, so, obviously, signage is a real key and so I think that's going to -- I think this is going to be helpful. I think he was very supportive of these changes, so -- Meridian City Council October 21,2003 Page 18 of 68 De Weerd: Thank you. Bird: Madam President? De Weerd: Mr. Bird. Bird: I'd move we close the Public Hearing that has been continued on ZOA 03-002, the request for amendments to sign ordinance. Nary: Second. De Weerd: Okay. It's been moved and seconded to close the Public Hearing on Item number 12. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Okay. Any discussion? Nary: Madam President, what do we now need, basically just the direction to bring this ordinance back in its final form? Do we need a motion for that? Bird: Yes, you do. De Weerd: Yes. Nary: Okay. I guess that I would move to bring forward the amended changes to the city's sign ordinance pursuant to the public testimony, the staff report, the discussion we have had, Mr. Hawkins-Clark's memo of October 16th and, as Mr. Nichols has stated tonight, after their review as to how this is can be done in one part or two parts, will be brought within a reasonable time. Bird: Second. De Weerd: Okay. It's been moved and seconded to have the attorney draw up the appropriate paperwork for Item 12. Mr. Attorney, when would we expect that? Nichols: Madam President, Members of the Council, I think we could possibly have it in two weeks, I think, because the changes aren't that extensive. Bird: The 5th. Nary: The November 5th meeting? Nichols: I believe so. De Weerd: Okay. Meridian City Council October 21, 2003 Page 19 of 68 Nichols: We will certainly do our best to try to have it ready by then. De Weerd: Okay. All those in favor of the motion please say aye. Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 13: Item 14: Item 15: Continued Public Hearing from October 14,2003: AZ 03-015 Request for Annexation and Zoning of 9.8 acres from RUT to R-8 zones for proposed Sa~eland Planned Development by Quasar Development, LLC - northeast corner of South Locust Grove Road and East Victory Road: Continued Public Hearing from October 14, 2003: PP 03-020 Request for revised Preliminary Plat approval of 41 building Jots and 9 other lots on 10.64 acres in a proposed R-8 zone for proposed Sa~eland Planned Development by Quasar Development, LLC - northeast corner of South Locust Grove Road and East Victory Road: Continued Public Hearing from October 14, 2003: CUP 03-036 Request for Conditional Use Permit for a Planned Development with a private neighborhood park in an R-8 zone for proposed Sa~eland Planned Development by Quasar Development - northeast corner of South Locust Grove Road and East Victory Road: De Weerd: I wilJ go ahead, if Council does support this, and open 13, 14 and 15. Any objection? Okay. I will open the continued Public Hearing from October 14th, 2003, AZ 03-015, request for Annexation and Zoning of 9.8 acres from RUT to R-8 zones for proposed Sageland Planned Development. Also 14, continued Public Hearing from October 14th, 2003, PP 03-020, request revised Preliminary Plat approval of 41 building lots and nine other Jots on 10.64 acres in a proposed R-8 zone for Sageland Planned Development and Item 15, continued Public Hearing from October, 14th, 2003, CUP 03- 036, request for Conditional Use Permit for a planned development with a private neighborhood park in an R-8 zone for proposed Sageland Planned Development and I will start with staff comments. Bird: Madam President? De Weerd: Mr. Bird. Bird: Before we start, I got a question to ask. We got a memo shoved on this -- and I realize we have opened all of them up, so I can bring this forward on the plat. I don't know if the applicant has seen this. It's from 10/21, which is today, 2003, from Wendy Kirkpatrick. There is quit a few changes regarding from the fire -- Meridian Fire Department. We seem to look pretty hard on applicants that bring stuff into us on the Meridian City Council October 21, 2003 Page 20 of 68 day of the hearing and here our own staff is. I don't know what the hold up was, whether it was the Meridian Fire Department, why this wouldn't have been picked up on the plat before October 14th by the Fire Department or if it's within the Planning and Zoning, but the main thing is I want to know if the applicant has seen this. De Weerd: Okay. Is the applicant here? I will need to swear you in first. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Forrey: Yes. De Weerd: Please state your name and address. Forrey: Okay. Thank you, Madam President. Wayne Forrey with Pathway Planners Consulting. And my address is 19S2 South Wildcreek Way in Boise. 83709, De Weerd: Thank you, Wayne, Forrey: And I am working with Quasar Development, the developer of Sageland, and, yes, we have a copy and we had also discussed with the Fire Department and knew that this would be prepared and available tonight. De Weerd: Okay. Bird: Thank you. De Weerd: Thank you. Anna? Powell: Madam President, Members of the Council, would you like for further explanation, Council member Bird, or-- Bird: I would love it. Powell: My understanding is that they did not receive a transmittal until yesterday. However, this was on previous versions of the plat, so they wouldn't have received latest one. There was a little bit of misunderstanding on the part of the Fire Department. The primary road going through the development is a SO foot right of way, but it only has a 29 foot back of curb to back of curb and so he didn't realize that the parking restrictions needed to apply on all of this. All of those -- of those notes that were handed to you are in regard to just no parking signs, that's all they are relative to, and the applicant would have been aware of those restrictions throughout, it was just -- it was not stated on the final plat -- or on the preliminary conditions. I mean it's not -- we always have restricted parking on one side of the reduced right of way, so they weren't unusual comments, it's just we had never spelled them out. Bird: Thank you, Anna. Meridian City Council October 21, 2003 Page 21 of 68 Powell: Okay. Backing up. Now that we have gone to the specifics, back out to the general. This project is located -- it nestles up into Sherbrooke Hollows. It is located on Locust Grove and has frontage on Victory Road also. There are -- while we are out at this scale, there are some issues related to the fact that development of the Tuscany project down in this area that came through and we briefly discussed this development in relationship to that and I believe Brad is going to talk a little bit more about that as the presentation goes on. But just to let you know that this is the Tuscany project that was just approved. The yellow over here is the final plats that are going in for the previously approved Tuscany. Back to the site. There is -- the primary access road does come through and goes back out to the major arterial. There is one cul-de-sac off of it. This is a private drive. It terminates near the south end of the property, where upon there is grass creet to provide Fire Department access through that, so there will be gates and, then, grass creet that will allow the fire trucks to drive back out onto Victory Road. There is also -- one of the notes given by Ms. Kirkpatrick is for no parking along this private drive. The original application had 39 building lots. The revised application added two lots in this area here. They didn't have to give up quite as much right of way to the highway district and they were able to get another couple lots in this area down here, so that's why we have the revised application before you. They have submitted this as a planned development. Their amenities include a large play area down' here that will also serve as their drainage area and, then, the pathway system to the north of the project following along its boundary there. In exchange for the proposed amenities, they are asking for a reduced lot size of 5,000 square feet for detached and a reduced frontage down to a minimum of 20 feet and these are primarily on the cul-de-sac areas. This is the landscape plan. You can see the play area and the heavy landscaping berm toward the -- along Victory Road and along Locust Grove. There is also, you will notice, the pathway that gets -- goes out to the -- or the micropath that goes out to the larger pathway system. At the Planning and Zoning Commission one member of the public testified, not really in opposition, it was just comments from Matt Schultz with Tuscany Development regarding the sewer issues and no one -- no other members of the public testified. There was no changes to staff recommendations and no outstanding issues before the City Council. It does come with a recommendation for approval. I should note that it is two more lots and you can see -- you can see how -- this was the landscape plan. You can see the pattern of the lots here. This was the original application. This was the revised application. So, the Planning and Zoning Commission saw it with two fewer lots, but staff felt it wasn't a significant enough change to remand it back to Planning and Zoning Commission. And with that I will end - - no. I will pass it onto Brad. Watson: Thank you, Madam President, Council Members. When Tuscany Village Preliminary Plat was before you I was a little confused on how that turned out that night. I have since read the decision and order and I think I understand it. But just so that this application dovetails with what you approved for Tuscany Village, I was just going to point out would that decision and order said. It required the Tuscany developer to cost share in sewer from their eastern boundary to the intersection of Locust Grove and Victory Road, which is at their southwest corner. It said that this would be a private cost Meridian City Council Octobe r 21, 2003 Page 22 of 68 sharing agreement. The second paragraph said that if Quasar Development does not desire to enter into a private cost sharing agreement, then, the applicant Tuscany Village simply satisfy the standard full frontage condition policy to extend the ten inch sewer beneath the Ten Mile Drain at their eastern boundary at Tuscany's sole cost and that Quasar -- I'm paraphrasing -- would connect to the sewer at that point and bring it to their project. So, to me, the Tuscany was a bit of an if-then decision and order and I just wanted to make sure that that was in the forefront of people's minds when that got discussed tonight. That's alii have, unless you have any questions. De Weerd: Any questions for Brad? Okay. Watson: Thank you. De Weerd: Any questions for Anna either? Nary: Madam President? De Weerd: Mr. Nary. Nary: Anna, I didn't notice in here -- and maybe I missed it, but was there concerns about that roadway at the Planning and Zoning level? Powell: President de Weerd, Councilmember Nary, which road? Nary: Isn't that a road that's lined with trees that runs right through the middle? Powell: The primary road? Sagemoor Drive? Nary: Sagemoor Drive. Powell: No, there wasn't. Nary: Because it -- [ mean it sure seems like it's a pretty easy cut around for that corner and I'm just concerned with that -- with the high school north of this site, that people driving down this roadway to avoid that corner are just going to turn into that property and zip down that straight road and out onto Victory. Was there any thought about that or discussion about that at all? Powell: There wasn't -- I'm sorry. There was not discussion. I believe that the applicant -- the reason that they chose the 50 foot right of way with the 29 foot section was to provide kind of a narrow road with the kind of landscape feel, so that people felt like they should slow down, but we did discuss it at the pre-apps and it didn't come up as an issue at Ada County Highway District. De Weerd: I think that that's the issue that Haven Cove has been having, isn't it? Meridian City Council October 21, 2003 Page 23 of 68 Nary: Yeah. Cut-through traffic and, actually, I think the road is a little windier than that. De Weerd: Yeah, it is. Nary: In Haven Cove. And people still cut through it and I just was concerned that you get traffic coming southbound on Locust Grove and can avoid that corner fairly easily by simply turning in this subdivision and racing down that road and coming out on Victory, so -- Bird: Madam President? De Weerd: Mr. Bird. Bird: Councilman Nary, my biggest concern is going west on Victory and swinging up there when you're late for school, swinging up through there and hitting Locust and going on that way. It's not the coming home, because you have to cross traffic, but -- to get in and to get out, but this way you don't, you turn right and you turn right and I'm with you, I see a real concern here on that. ACHD didn't have any problems and our Planning and Zoning Commission didn't have any problems, but I can see a real problem, especially you're going to have youth -- young kids out there getting ready for busses or walking to school and you get kids -- high school kids coming through there and I think you're a hundred percent right, I think that's going to be a real corner cutter. Nary: Just one more comment before the applicant gets up to speak. But I guess I -- I guess I don't see narrow roadways as a means to slow traffic down. You know, the only things that slow traffic down tends to be some windier roadways, some islands in the road, something else besides just the road narrows. That doesn't seem to have worked anywhere. Bird: Kids just get smaller cars. Nary: So, I guess the applicant can address that when we get to their part. De Weerd: Okay. Anna, I guess I also had a question on the pathway. What does it connect to and what is the overall plan up there? Or down there. Powell: This is the -- would be the Nine Mile Creek pathway. I do believe that Tuscany has plans to develop that as part of their development. They have done the Ten Mile, we have got a pretty good start on the Ten Mile. This would be the Nine Mile and it is just cutting the corner. It would come from this property and, then, it would have to cross Locust Grove and go up through -- I believe it's Meridian Greens, the east side of Meridian Greens Subdivision. It's -- the other -- I'm being told it's Sportsman's Point. Sorry, De Weerd: Yes. Meridian City Council October 21, 2003 Page 24 of 68 Powell: I haven't got all the sub -- I haven't got them all memorized yet. Forgive me. The other thing it does provide kind of a feed into the neighborhood center, which is -- begins shortly east of their east property line. De Weerd: Okay. And the property just to the north of the western corner, is -- what is there right now? Powell: It's a very -- I think there is one house on it It's not likely to change. It's pretty limited and the pathway likely wouldn't go up that whole way -- or, well, are you likely ever to see it come in as anything other than maybe a house or commercial use. If you saw the commercial use, you could extend the pathway up there, but they are pretty constrained. De Weerd: I guess my -- the reason for this questioning is can that pathway connect at least to Locust Grove, so you can have some kind of a system that goes down Locust Grove and that can connect to it, otherwise, you're going to have a beginning that may or may not ever develop. Powell: My understanding was that it did connect. Maybe the applicant -- yes, it does. De Weerd: Does it? Bird: Yes. Powell: Yes. De Weerd: Okay. I guess I didn't look close enough. Okay. Thank you. Okay. Would the applicant like to come forward? You're already sworn in, but if you will restate your name. Forrey: Yes. Wayne Forrey with Pathway Planners Consulting. De Weerd: Thank you. Forrey: I represent Quasar Development and Amanda Alvaro is here and she's a project manager and partner in Quasar Development and Brent Clayborne is here and he is the engineer on the project. And just to digress a little bit, I was reminded tonight when you read all of your ordinances, many years ago I was a scout master and I brought my scout troop to Meridian, so they could get their Citizenship in the Community Merit Badge. Mayor Kingsford said, you know, anyone that would like to read the ordinance and one of my scouts raised his hands and it was a 15 page ordinance -- Nary: Thank you for not bringing the scouts. Meridian City Council October 21. 2003 Page 25 of 66 Forrey: Yes. Let's talk about Sageland. It's a very unique site, in that it's surrounded by a canal and two roadways, two major roadways, and it has a very nice existing farmhouse. I'll use your pointer here. It's a home that is usable, it's not a home that you would demolish or move off the site and there is all these mature trees here along Victory Road and all around that home. So, our challenge was to save the trees and try and save that good home that's there and work with the canal and the road system. We had a neighborhood meeting in July a nd one of t he things t hat we committed tot he neighbors is that we would save the home and the trees, we would put in a pathway and they really felt like, you know, that they wished that their developer had put in a pathway on the canal, but at least there was going to be a pathway on our side of the canal, so they felt that was good, and they felt that the buffer, if we were going to have a park, should be down in this corner, because of the intersection, the noise of -- just a traffic intersection. And so we submitted a planned development application to the city, using that as kind of some guiding principles in 0 ur application. We have -- and, t hen, in return for the pathway, which is called for in the Comprehensive Plan, and for the park site i n 0 u r pia nned development a ppl ication, i n return we a re asking for 4 .2 dwelling units per acre density in an R-8 zone and we have 41 total home sites and 20 percent of those home sites are larger than 6,500 square feet and so it's a mix from about 8,000 square feet and our minimum lot size is 5,000 square feet. The minimum home size that we have committed to is 1,400 square feet in size and the market value of these homes will start at 160 to 180 -- 160 to 180 thousand and go up from there. Amanda and her partners have done a very extensive marketing study and found that there is good demand in this south side of the interstate in Meridian for larger homes on smaller lots, for folks that want a nice high value home, but not a lot of yard maintenance, but they wanted a park and a pathway and a strong homeowners association. So, that, again, was some of the criteria we used in designing this project. We are going to extend the sewer. We support your sewer master plan and we are going to -- in a joint agreement with the Tuscany folks, come back here and pick up that sewer and we will take it all the way under the Eight Mile Canal, although I heard Nine Mile Canal, it's either the Eight or Nine Mile Canal, we will take it under that, because that's called for in your Comprehensive Plan, that allows sewer to go onto the east and into the south, into these properties here. So, we are going to follow your sewer master plan. And so we have tried to bring in some Comprehensive Plan elements, some neighborhood issues, some good development issues and, hopefully, you can see this is a good project. I have got some easel boards I'd like to show you and, then, a very short couple of slides, if Anna could put that on the screen. Okay. These are some photographs here of some of the styles of homes -- De Weerd: We need you to talk into the mike 0 r you can use t his mike over here, Wayne. Forrey: Okay. I'll set these on this front row of chairs right here. De Weerd: Okay. Meridian City Council October 21, 2003 Page 26 of 68 Powell: Madam Chair, Members of the Council -- Madam President, Members of the Council, apparently it is the Eight Mile. I was -- I misspoke. I'm sorry. Forrey: These are some actual photographs of homes that will be built in Sageland. These are homes that Amanda Alvaro and her partners went through the community -- some are in the Boise area, some are in Meridian, and each of the homes that you see here can fit on the lots that we have shown in Sageland. Some of the homes will have side entry garages. Some of them could have shared driveways, for some flexibility in design. They will have a very strong builder team, a strong builder design guidelines and homeowners association covenants, so we feel very good about the project. Wrought iron fencing, as well as vinyl fencing and here is a layout of the project. Now, let's go to the slide presentation, I'll just show you a couple of things here reat quick. Let me walk you through some of the development features. The 20 foot pathway is here along the canal and it's in its own separate lot. I remember years ago in working with Nampa-Meridian Irrigation District, it seems like it was always a struggle to get a path inside the canal easement and this is a separate lot totally outside of the canal easement. The canal is 80 feet wide, ours is 40 feet right here from the center of the canal to this line, so there is no interference with Nampa-Meridian, this is a separate common lot t hat would be dedicated to the public for a community pathway system. This is a micropath here and we have a separated sidewalk, so that we can get street tree landscaping and one of the reasons we selected that was for the traffic calming. It may sound like it's unworkable, but the engineers -- the traffic engineers at ACHD say that the narrower roadway does tend to slow traffic. Now, given the discussion Council had about the potential of cut through with the new high school, there is a couple options. We could put a stop sign right here and make the traffic actually come to a stop right here -- I don't think that would bother the residents and that might stop some of the cut-through, once they realize they have got to make a stop when they penetrate in, they might think twice, well, heck, I will just go to the intersection next time. That's a possibility. If the Fire Department -- maybe there could be a speed hump or a speed bump here and maybe one back over here, and maybe a couple of speed bumps would work, if the Fire Department wouldn't object to that, and there -- we maybe even could path an island here and an island here. So, there is a couple options if the Council feels cut-through traffic could be an issue. ACHD did not and the Planning and Zoning Commission did not feel it would be cut-through, but that was before the new high school opened. So, maybe that's -- maybe some new awareness of the potential. Nary: It's all about timing. Forrey: Yeah. We have a large park right here, half ache park, and we are anticipating subsurface drainage here, so this is all surface open space and that's at this corner by design, because it's a nice buffer to that intersection. Some of the neighbors said, you know, we just don't want to see any intense development at that intersection, let's make a nice looking intersection here and so they felt good about having a park there. We are going to make utility crossings, as I mentioned, under the canal over here, so the sewer can continue on. We have angular lot lines here. They are not perpendicular to the street, so we get a stairstep effect as you go down the street, the fronts of houses Meridian City Council October 21, 2003 Page 27 of 68 will have a s tairstep effect and that's just tog ive m ore variety to the way that street looks. We will have some shared driveways. There is a couple lots like this and maybe down in here on the cul-de-sac, where we could have shared driveways. We will have some side entry garages and we identify in our application these lots here at these corners would have, actually, side-entry garages, again, for some architectural variety. The neat thing about this design is we are able to save this house right here on this lot and we are able to safe these big mature trees all through here. We lose one tree and it's this tree right here, because it's in the roadway. But all the other trees on that site and the home have been saved. If you could go to the next slide. Here is a little closer look at that community pathway. It's 20 feet wide with a ten foot asphalt here and, then, this is the micro path here, totally outside the canal maintenance area and it provides good neighborhood connectivity. Okay. Next. When we originally applied, we felt that ACHD would require 48 feet of right of way on Locust Grove. As it turns out, they actually said 35 feet, so we ended with 13 feet of less right of way along Locust Grove Road and that allowed us to add a lot here and add one lot in this area, as Anna Powell mentioned, and it also allowed us to increase the park by an extra 4.2 percent. So, that's why we went from 39 to 41 lots. Next. Here, again, is some styles of the homes can actually -- and we are anticipating will be built in Sageland and here is an example of that shared driveway where you have detached garages that could be set in the rear and so we are hoping for just a nice feel, these kind of homes that would be built in Sageland. Next. This is the last slide. We agree and we accept with staff report and we had worked with the Fire Department on this last set of items and totally comfortable with that. We comply with your planned development standards. We support your adopted sewer master plan and we are going to carry that forward. We are going to provide a neighborhood buffer and a pathway connection, because any path we can get in Meridian is a good path. And that's it. Be happy to answer questions. De Weerd: Council, any questions? Bird: I have none. De Weerd: Thank you. Forrey: Thank you. De Weerd: Is there anyone else who would like to testify in favor of this application? Is there anyone else who would like to testify? Come up for -- is the testimony you provide tonight -- if you will raise your right hand. I'm sorry. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Semaha: So help me God. De Weerd: Please state your name and address. Semaha: My name is Lucien Semaha and I live in Sherbrooke Hollows and I live on 3036 South Grime's Creek Avenue. The reason I'm here tonight is not to oppose the Meridian City Council October 21, 2003 Page 28 of 68 development and, actually, we welcome the development. J'm part of the neighborhood -- the board asked me to come and see what Sageland is going to do, because to the east of Sageland another development is about to go in where they are requesting an R-8. But, anyway, the point is this, that when you look -- if we can have the development again with the road. There is Muir Place to the east and let me tell you when I come home -- and, again, nothing against this development, but there are some valid concerns that when traffic, you know, stops at the four way stop signs, people go through the new section of Muir Place, you know, avoiding Eagle Road and going on Victory and avoiding the four way stop. So, people will do that. Hopefully, they should no better, but they do it. We see the traffic going through that poor subdivision all the time and it's like, wow, this is not a -- but, anyway, the concern is speed limit. The speed limit -- and I don't know if -- when you talk to ACHD they say it's okay, but there is Tuscany going in, there is Thousand Springs, again, to the east that has all these -- that traffic coming in. In the morning and in the evening n you know, the evening when we leave to go to work and when we come home and the children come home and the buses come home, the traffic is just challenging on that stretch of Victory Road. It's not -- I mean when we moved in I remember it was 50 miles an hour, because it was considered out in nowhere. Well, now, of course, it's being developed and they dropped it to 45 and, you know, we can list it that, but now we are saying, well, with all these new developments, Tuscany, you know, Sageland, and, then, Soda Springs, I believe, is trying to go again next to Sherbrooke Hollows, so Sherbrooke Hollows has to deal with two new subdivisions, you know, abutting, you know, the existing subdivision or Sherbrooke Hollow. But the speed limit is truly a concern, because, again, there are a lot of children, you know, bicyclists, et cetera, you know, that travel that road and it's becoming more and more dangerous, so I just want to put it for the record that truly is, because one section of Victory, if you're going east towards Thousand Springs, it's 35. On other side, if you're heading west, it's 45 and we always said why don't you make it 35 all the way between Eagle Road and Locust Grove with all that development going in and make it one consist speed -- consistent, you know, speed limit and they said, well, the traffic does not justify it. Well, I don't know about reality, but J think reality does. I mean things are changing rapidly, but -- so I wanted to make that point, you know, tonight, because as these developments go in, those of us who live in these subdivisions are truly concerned and worried, because, you know, jf it's 35 they are going to go 40. If it's 45, they are going 50. That's a dangerous speed. Very dangerous speed. And, you know, knowing what the high schoolers will do, God only knows, but -- anyway. The other issue is sewer. The sewer -- not in particular to Sageland, but as the eastern part is being developed where Soda Springs wants to go in, there is already an existing sewer on that lot that is going in and what we heard from the P&Z is they are going to connect the same size development, by the way, we are talking about. Powell: Madam President, Members of the Council, he's testifying about a project that hasn't come before you yet. I'm not sure if -- Semaha: I guess what I'm trying to convey to the Council is the sewer issue, not the development itself, b ut i t's the - - with this development going i nand, then, the 0 ther Meridian City Council Octobe r 21, 2003 Page 29 of 68 development going in right after it and the s ewer capacity that we were told right at Sherbrooke Hollows, it's already at capacity. So, we have a concern, you know, and they were proposing, you know, a temporary solution until they connect and, you know, we hope with planting the seed right now as these developments come through the Council, that we connect where it's supposed to connect, instead of having a patchwork connection and, then, connect and that's our whole point. I mean that was a concern. And the other thing is we are noticing as residents that live in Sherbrooke Hollow and Thousand Springs and, personally, as a resident of Sherbrooke Hollow, we were an R- 1, maybe an R-2, you know -- R-1, I believe, you know, residential. Now all these R-8's are starting to go in and I guess there is a little confusion of what is the standard of R-8. Is it a -- for instance, Sageland, you know, is saying a minimum of 5,000, which means a 50 by -- you know, by 100. I mean simple math, you know. Okay. Now, another development may go in and say, well, we want a 3,500. I mean is there a limit? And that's the question that I'm posing tonight and the concern that the neighborhood has. Where is R-8 going to stop and what is the -- you know, the stepping stone where, for instance, Heritage Commons, you know, started this whole idea and it was a good idea, by the way, and, yet, again, the concern is to conserve the quality, the consistency, and the cohesiveness of all these new subdivisions that are going in, you know, next to the existing subdivisions and we want them fit in. I mean, again, nothing against Sageland, I want to make it clear. I mean in particular this development is by far going to look better than the other one that will be proposed to you in the near future. But for our educational purposes, you know, what are the standards for us residents who have chose and invested to live in these subdivisions, and we went in, by the way, based on the prior city plan, that you call it, the city plan and -- De Weerd: The Comprehensive Plan. Semaha: Comprehensive Plan and now it's been amended, which means we have to live with the amendment and respectfully so, but, yet, we want to try to work with the Council on reducing the impact on the existing subdivisions -- I mean it's nice to have diversity and new things and we welcome it, but if it's well done we believe it is beneficial to all and that's where I will end it right there. De Weerd: Thank you. I think staff could probably answer a couple of your questions in regards to densities and that kind of issue. Anna, can you please -- Powell: Madam President, Members of the Council, the R-8 does allow for a density of up to eight dwelling units per acre. Sherbrooke is zoned R-4, which has a density of four units -- or up to four units to the acre. With the planned development provisions you can achieve that density with lesser standards, so I have indicated to Mr. Lucien that there is no minimum lot size standard if there is a PO, it's just a question of whether the amenities are being provided and the design that's proposed is worthy of allowing a reduced lot size and reduced frontages. De Weerd: Okay. I think you have heard the definition and maybe not put your mind at ease for future development, but as they come along, you know, notices will go out and Meridian City Council October 21, 2003 Page 30 of 68 the opportunity will exist there to provide public testimony and share your vision of that area. Certainly, that testimony holds great value and weight, so we would want to hear from the residents at that time and your point taken on this application, I -- it sounds like you're very supportive, as your homeowners association is, and so we appreciate your comments. Any questions or comments a t this point, Council? I s there any further testimony 0 n t his a pplication? Okay. Would t he applicant like to summarize 0 r a ny further comments? Forrey: Thank you, Madam President, Members of the Council. We are open to -- it sounds like the traffic is an issue, so if the Council has some direction on some way to control that or a potential control method, be it speed humps, islands at the intersections, or a stop sign control inside Sageland, we are open. We are open. Nary: Madam President? De Weerd: Mr. Nary. Forrey: We'd do something to try and address that. Nary: I did have another question for you, too, Mr. Forrey. I'm assuming that there is some type of fencing all the way around this subdivision? Forrey: Yes. Nary: Vinyl fencing or something? Forrey: Correct. Nary: So, that that area there, that playground for children, I noticed in there there is a tot lot of some sort that's going to be there. Forrey: Yes. Nary: Do you know, approximately, where that's going to be in relation to the ground? Forrey: Right in the center here. Right there. Powell: Mr. Forrey, for the benefit of the public, would you mind using the one behind you? Forrey: Oh. Yes. I'm sorry. The play facilities would be right here. And there is the landscape buffer that the city requires here, with landscaping, and, then, there is landscaping in the park itself and so the playground is in this area here. Nary: And I guess it's just me, Mr. Forrey. I appreciate your comments about some of the speed challenges there. You know, I don't think we -- at least since I have been Meridian City Council October 21, 2003 Page 31 of 68 sitting here I don't think we have required speed bumps very much. I think there is other traffic issues concerning -- I guess I'm -- maybe growing up in Hawaii I'm much more in favor of islands and I think islands tend to slow the traffic down, because they are a visual -- they are a visual barrier to people and they have a tendency to do better than just a narrow roadway in slowing traffic and I think -- I think both your residents there, as well as others, are going to really be concerned about that cut-through traffic. I think you are - - as M r. Bird said, you have a fairly large development to the south 0 f this property and to the east of this property with a lot of people that are going to cut through to go to that high school and I think without having some islands at both entryways there on Victory and Locust Grove and possibly one, even, in the center where that pathway is, approximately there, you're going to have a lot of people not only cut through, but speeding through. A nd I don't know t hat a stop sign is necessarily the b est answer either we have found. That doesn't always work either, but the islands have a tendency to do that better. That's just my thought. Forrey: Okay. De Weerd: Okay. McCandless: Madam President? De Weerd: Mrs. McCandless. McCandless: Mr. Forrey, are you aware of any plans to widen or at least put some turn lanes in Victory Road at this point? Forrey: I'm aware, Madam President and Councilwoman McCandless, when we met with ACH D they indicated that we would provide to them 35 feet of right of way for future widening of Victory Road, but it was not within their five year plan, so I don't -- so I know they are anticipating some future improvement, but I don't know what the improvements are. McCandless: It just seems like there is an awful lot of traffic on Victory now and there is going to be even more and it's not very wide. Forrey: True. McCandless: Your development, however, is very nice. Forrey: Thank you. Nichols: Madam President? De Weerd: Mr. Nichols. Meridian City Council Octobe r 21. 2003 Page 32 of 68 Nichols: Mr. Forrey, on the lots -- the residential lots that butt up against the small park in the corner, have you.got restrictions on the type of fencing on the backs of those lots? Forrey: Yes, we do. They are -- it's wrought iron railing on -- abutting the park itself. Bird: And you said vinyl the rest of it? Forrey: Yes. That's correct. Bird: Very nice. De Weerd: So, Mr. Forrey, will you have turn lanes, then, into your project? Forrey: ACHD did not require them. Just the right of way dedication at this point. De W eerd: And any -- Bird: Madam President? De Weerd: Mr. Bird. Bird: I think if we -- if he had turn lanes in there, especially the one on Victory -- especially the one on Victory, the entry on Victory, we would be encouraging the cut through. I'm like Mr. Nary, I don't know if the stop sign is going to stop it up there in the middle, but I think dividers at both entries and maybe in the center will do it, but we need -- we need to discourage that or it's -- we are not going to -- we are not going get it completely shut down, don't get me wrong, but we can -- if we can discourage 50 percent of it would definitely help your development, plus our police and stuff. But I think the dividers at both entries and in the center there will distract enough that maybe they -- 50 percent of them will say we will go to the corner, hit the stop sign, and go right there. But I think if we required entryways in, that we would be encouraging that to happen I'm afraid. Forrey: Okay. De Weerd: Okay. Any further comments or any questions? Bird: Madam President? De Weerd: Mr. Bird. Bird: I would like to make one comment that they have done a nice job on that difficult corner to figure it out and I -- Forrey: Thank you. Meridian City Council October 21, 2003 Page 33 of 68 Bird: Keeping that old house -- which isn't that old of a house. It's a real nice house. And the trees and stuff, it's a very very nice job and will definitely add to the development, but -- nice job. Forrey: Well, Quasar Development is a Meridian based company and they are a very good development company. Thank you very much. Powell: Madam President, Members of the Council, might I ask the applicant one thing related to the photos that he's provided tonight? De Weerd: Yes. Powell: Several of those are alley loaded models, so I assume you're going to be using the shared drive, but I'm wondering if you want to ask for reduced rear setbacks for garages or joint garages to accommodate those shared drives if they are at the rear of the lot? I'm just not sure that that's been articulated in your request. Forrey: Good point. We would. I -- boy, I don't know if I'm prepared right at this moment to say what that setback would be, but we would like that flexibility, because some of these architectural styles we do want to have in Sageland and, you're right, they do have some flexibility on those setbacks on the rear for the detached garages. Powell: If you're coming back, we can work on it, but I don't know where Council is going, so -- Bird: Madam President? De Weerd: Mr. Bird. Bird: That has to be done in the preliminary plat and we can continue these and get it done. I think she brought up a great point for you that has been overlooked and we need to get it done in the preliminary plat. Forrey: Could it be handled in the development agreement? Bird: I'd have to refer to the attorney on that, but I don't think so, I think it has to show up on the -- I would prefer it to show up on the preliminary plat. Forrey: Okay. Bird: And, then, carryover to the final plat. Nary: Give you time to draw up those islands. Forrey: Okay. Meridian City Council October 21, 2003 Page 34 of 68 Bird: And we can continue this for another week or whatever you do and, basically, just come back, if Madam President is okay with this, it can just come back for this 0 ne change and we don't have to go through the public hearings on any other items, other than this one and, then, go from that, because I think you got to a nice development there and I think you can thank Anna for thinking about that. Forrey: Thank you. Traffic islands and setbacks. Bird: Yeah. Forrey: Okay. De Weerd: Yes. So, we can entertain continuing it for those two items. I would like to ask Bruce Mills as well, I appreciate the position of the homeowners association and their concern about the speed of traffic. With Eagle Road closed, it probably adds to the stretch that he's referring to. If -- and I know it's not really associated with this application, but if he can get us some information back, at least even look at traffic counts that we can even take it to our traffic safety committee for their recommendation, just report back on what your recommendation would be on pursuing what our options would be. Thank you, Bruce. Thank you, Wayne. Forrey: Thank you. De Weerd: I would entertain a motion on Items 13, 14 and 15. Nary: Madam President? De Weerd: Mr. Nary. Nary: I move that we continue Items 13, 14 and 15, the AZ 03-015, PP 03-020, and CUP 03-036, all for Sageland Planned Development at the northeast corner of South Locust Grove and East Victory Road and I guess just a week or two. One week or two weeks, Mr. Forrey? Forrey: One. Nary: One week would be adequate? I would move to continue this Public Hearing to the October 28th, 2003, meeting for information and -- I guess further information to be provided in regards to rear setbacks -- request for some exceptions to rear setback requirements, as well as islands for the roadway for traffic calming. Bird: I second that with one question. That would -- that would -- what we are asking for is on the preliminary plat? Nary: Yes. Meridian City Council October 21, 2003 Page 35 of 68 Bird: Everything is in on the preliminary plat? Nary: Yes. Bird: Thank you. Second agrees. De Weerd: Okay. It's been moved and seconded to continue public hearings on Items 13, 14 and 15 to October 28th on the two specified issues. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 16: Public Hearing: CPA 03-003 Request for amendment to the text of the Comprehensive Plan to allow new residential uses within the mixed use WWTP zoning designation for proposed Stapleton Subdivision by Wardle and Associates - 3680 West Ustick Road: De Weerd: Okay. Our following items all are regarding the same application, so if Council doesn't object, I'd like to open public hearings -- Powell: Madam Chair, can you just open the Comprehensive Plan amendment first and deal with that before you open the others? De Weerd: You bet. Okay. I will open Item 16, Public Hearing CPA 03-003, request for amendment to the text of the Comprehensive Plan to allow new residential uses within the Mixed Use WWTP zoning designation for proposed Stapleton Subdivision by Wardle and Associates and I'll open the Public Hearing with staff comments. Powell: Madam President, Members of the Council, this is a request to amend the Comprehensive Plan to allow residential uses within the Mixed Use Wastewater Treatment zoning designation. As you know, this was a well-discussed item when the Comprehensive Plan amendment went through. The area shown in brown was designated as -- as having special constraints on it, due to the fact that the wastewater treatment plant was in the area. One of those constraints was specifically to discourage residential and pretty much just right out not allow it. The Planning and Zoning Commission did take testimony. We did try to take it just on the Comprehensive Plan amendment portion. There was quite a bit of testimony from the surrounding neighbors. Most of them did seem to be in favor of some residential use within the area, although I think generally it was expressed as m ore in line with the size acreages that are out there, which tend to be one to two acres or larger. I think one member of the public testified, you know, horse people don't mind the smell as much, I think was her direct quote. There was quite a bit of testimony about the unsure nature of this area and how several applications have been denied in the area, but I believe all of those occurred before the Comprehensive Plan was finished and adopted and I'm the sure the applicant will address that in his testimony as well. The Planning and Zoning Commission also took in testimony about how other cities have dealt with their Meridian City Council October 21, 2003 Page 36 of 68 treatment plants or other kind of noxious uses held by the city and also the City of Meridian -- or City of Boise with their avocation easements related to the Boise airport. So, having taken all that testimony, they asked the applicant to come back with some proposed easements to address the noise issues associated with the wastewater treatment plant and the odor issues and I believe you have got a copy of those proposed easements. Since the Planning and Zoning Commission hearing there have been a couple other letters. Those pertain more to the preliminary plat, so I will address them later. The other issue I wanted to point out is that staff's original recommendation was for denial. When it was apparent that the Planning and Zoning Commission was working toward recommendation for approval, staff did point out that there was two other Comprehensive Plan amendments that needed to be removed and I'd like read those. It's goal four, expand, improve, and maintain t he city's infrastructure to meet existing and g rowing demands in a timely, 0 rderly, a nd logical manner. 0 bjective A under that was develop logical master plans for all public facilities and services and public safety to guide the growth of the city and follow them. And, then, under that, item 17, plan land uses surrounding Wastewater Treatment Plant to reduce human exposure to odors. So, that would need to be removed. And, then, under goal four, encourage compatible uses to minimize conflicts and maximize use of the land. Objective A. Address conflicts with compatible uses and impact areas and, item number eight, discourage residential areas in close proximity to the Wastewater Treatment Plant. So, it has several affects on the Comprehensive Plan beyond just the description of the area. Staff, both Planning and Public Works Staff, are still very much opposed to this Comprehensive P Ian amendment, but it does come forward toy ou with - - forwarded with a recommendation from the Planning and Zoning Commission. I know that Brad has additional items he'd like to discuss about some of the challenges that the Boise facility faces with regard to their Lander street sewer plant. Watson: Madam President, Council Members, I issued a memo -- comment memo I think August 6th to the Planning and Zoning Commission and to Mayor and Council. I hope that you had seen that and I won't go through it in detail, but there are four basic areas of concern that I wanted to point out when there is residential development adjacent to the Wastewater Treatment Plant. One was odor. Two was noise. Three was ongoing construction, which hasn't really ceased since I have been here in eight years, and general esthetics of an industrial site adjacent to a residential subdivision. And if there are any questions on any of those topics, I would be more than happy to answer those. I did talk with Carl Ellsworth of Boise City Public Works this morning about the policies and challenges they have at their Wastewater Treatment facilities. In a nutshell, they -- they have bought properties up when the opportunity arises, but they haven't made a concerted effort to do that, from what he tells me. It sounds like they have only bought one property of any significant size close to the Lander Street facility. I asked them also about their ongoing odor control costs. That seemed to be a bit of a nebulous figure to extract from them, but they are -- they do have ongoing odor control costs at the Lander Street facility and we don't presently at our Wastewater Treatment plant. They have also planned a somewhat major odor control project in the next year or two to the order of magnitude of several hundred thousand dollars. The other thing that they pointed out to me is when they did do a major upgrade in '97, that the noise Meridian City Council October 21, 2003 Page 37 of 68 from the plant was significant and that they did have to go back in and retrofit with noise barriers or sound walls around some of their equipment and they didn't have those costs. Those were six years old. I'm just briefly touching on a few of the concerns that we have with residential development close to the treatment plant and can go into a lot more detail if you want me to. I will stand for any questions if you have them. De Weerd: Council, do you want more detail or any comments, questions, at this point? Okay. Thank you, Brad. Watson: Thank you. De Weerd: Okay. Is the applicant here? And if you will remember that we are just listening to Item 16. Okay. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Wardle: Yes. De Weerd: Please state your name and address. Wardle: For the record, my name is Jon Wardle. My address is 4940 East Mill Station Drive in Boise. Happy to be here with you this evening and to discuss this issue. Just to give you a little bit of background, we went into this process with our eyes wide open. We did our research. We reviewed minutes from a number of meetings, both in the recent past and a little bit older than that. But starting back in 1993 the city in this area at least had on their Comprehensive Plan at that time it was proposed for residential in most 0 f this section. T here was nod ifferentiation between industrial, although it d id show the Wastewater Treatment Plant. I think it actually showed a park site and that was -- as I went through the minutes I saw where many people came and testified that they thought that there was going to be a park site out here. Things have changed. But I just want to give you a little bit of background and why we are making this request of you today. I think everybody here on this Council may have been -- also previous planning commissions -- familiar with Utility Subdivision. That was -- it was a period of 2001 to 2002, which was pre-Comprehensive Plan update during the process and after the Comp Plan was adopted it continued. There were a total of ten hearings and I'm pretty intimate with that, because I read every single minute associated with that. There was a lot of discussion. There was a regional park site, as I said, indicated or shown in the corner, but the public testimony was -- the Parks Department made on the record was they were told by Public Works that there may be a concern for odor, you may want to look for some other place to go. So, they went for the regional park site down on Meridian Road, a mile and a half, two miles the other way. There was also a concept for a residential subdivision put forth by Collins Engineering. It was for an R-4 style subdivision on the corner, which was Utility Subdivision before that came through. The applicant was notified that the subdivision would not be approved, because of its close proximity, so they decided not to proceed with that application. Also, there was discussion between the same applicant who wanted to dot he residential subdivision and staff about doing a business employment center. They thought that they had a user Meridian City Council October 21,2003 Page 38 of 68 that might be able to use that facility, that acreage. Same discussion. It went to staff, staff said, no, it's too close to the Wastewater Treatment Plant, you need to look for some other place. So, that's how they got to Utility Subdivision. All those things were told no along the way. Utility Subdivision came in, you know what happened, it was denied because they were heavy industrial uses that were proposed there. Not on all the sites, but on the majority of the sites there were uses that were deemed to be incompatible with the surrounding residential neighborhood. All those uses -- and there was some discussion during Utility Subdivision, but all those previous uses were discouraged because of the perceived odor issue. In 2002 the City of Meridian adopted what they call the Mixed Use Wastewater Treatment Plant, which is kind of an orangish brown -- depends on how you look at it, but it takes up about 420 acres of that section. In order to develop in that area, you needed a Conditional Use Permit -- or you need a Conditional Use Permit and the uses that the Comp Plan said would be allowed, if granted a CU, would be light professional office uses, flex spaces, including light warehousing, no new residential uses will be permitted, although existing residential would be allowed to continue. Limit small scale retail uses and mini storage. So, those were the uses that were deemed appropriate for this area. In a staff memo just previous to the August 7th hearing, which was actually continued to August 21st, staff indicated there were about 292 acres available for development, of which 40 of those -- so 420 - - they got down to a number 0 f - - some 0 f those parcels h ad already been committed to residential, they took out the Wastewater Treatment Plant and, then, they also pulled out 40 acres for a proposed school site within this section. So, of that, it allows plus or minus 250 acres that potentially could be developed in this section. But I just want to take you through some steps of what we feel might or might not happen here. Industrial uses. We know the city has made a pretty strong stand that industrial uses were not compatible with single family residential neighborhood around and those were denied. Retail uses. In late 2001, as part of the Comprehensive Plan process, although it wasn't official adopted, staff did ask an outside consultant by the name of Ed Starkey to perform a review of how much commercial use would be seen in the city. He came up with a number on a per section basis about 43,000 square feet of commercial per section. If you break that down to acreage, that's about four acres. So, if we bring the number down from 250, now we are at 246 acres, f our acres of which probably could be commercial, so what do you do with the remaining 246 acres. Locational linkages is ani ssue h ere. The mixed use Wastewater Treatment a rea is not ideally situated for good connections to transportation corridors in terms of a significant office employment center or warehousing and manufacturing space. It's two miles away form Highway 20-26, eight miles away from the nearest interstate access and there is no rail access to the site at all, so it makes it a little bit hard for some uses to go here in terms of a light manufacturing, warehouse space type. We also need to keep in mind that there are a number of projects that have been approved in the north Meridian area currently, have large components of commercial, office, mixed use. Some of those have better access and linkages to those corridors, some are right on Chinden, some are on other roads lead right to freeway connections. Eventually, Ten Mile will be a freeway connection. That's still a ways out. But there is a lot of projects on the drawing board that are in the phase of development now that have proposed commercial and office uses. Even if the transportation linkages were better, the mixed use Wastewater Meridian City Council October 21, 2003 Page 39 of 68 Treatment Plant appears to disallow a large office project, manufacturing parks, that would leave only light professional office space, flex space, and limited retail. There was an additional study done, commissioned by ACHO, in regards to the north Meridian area plan. They gave some numbers in terms of how much retail and office space they anticipated seeing in the north Meridian area. They came up with 2,744,000 square feet of office and 1,929,000 square feet of retail space, for a total of 4,673,000 square feet of office and retail in the north Meridian area. So, it's a ten square mile. If we look at the mixed use Wastewater Treatment Plant and we use a very conservative floor area ratio of what the footprint of that building would be on a given acre, it would be 25 percent for office, commercial, flex uses, the city could possibly see 2,678,940 square feet of nonresidential space in this section and that's almost the same as how much office space would be in all of north Meridian. So, just as a comparison. If we use a floor area ratio that's reflective of what you do for flex space in manufacturing -- and I confirmed with those that develop these type of facilities, it can be anywhere from 35 percent to 50 percent coverage of a given acre and so those numbers could be anywhere from 3.7 million, all the way up to 5.3 million square feet of potential warehousing space. If the mixed use Wastewater Treatment plan was to develop to this magnitude, it would represent between 57 and 70 percent of all commercial, retail, flex space in the north Meridian area. You got to remember there has been a lot of space already approved. It's unlikely that you would find that much space in this section given the other projects and the market dynamics. I have talked with brokers about this location specifically. We all know that it takes a major -- a major push with what might be an employer of a use, but they don't see this as on the radars, they look for those better linkages near the freeways or other -- rail might be an option. De Weerd: Excuse me, Mr. Wardle. Could you start to summarize? Wardle: I'd love to. De Weerd: Okay. Wardle: I'm about there. De Weerd: Thank you. Wardle: If you look at the area, the area is surrounded by residential. We feel that residential -- specifically along Ustick Road, because. there is residential just to the south, is appropriate. The Planning Commission was concerned about how to notify residents that the Wastewater Treatment plan is there. We came up with some scenarios. We also put together a notice -- it was originally called notice, but it is a noise, odor, light, and dust easement, that would recorded at the time of rezone, it would run on the plat, and it would be on each individual lot as well, notifying the residents that they are going to be in the mixed use Wastewater Treatment Plant and there is an ongoing facility here and these are some things that they need to be aware of. This is very similar to a document done is Las Vegas, the same situation. Utah is going through a similar process where they are adopting these types of ordinances. Meridian City Council Octobe r 21, 2003 Page 40 of 68 Just given the research that we went through and the likelihood of some of these other uses that the city intended to want here, we don't see those likely happening. Looking back to the hearing notes from just recently, it was about a year ago now when this property was zoned -- when the request was for residential, but it was zoned commercial, this Council made very specific comments of we have got an area here of the city we don't know what to do with and we have just stepped forth, given the research that we have done, and we feel that residential is appropriate and we feel there is a mechanism in place to protect the city in its investment. So, I just wanted to provide you with that background and I will stand for any questions you have in regards to this Comp Plan text amendment Bird: I have none. De Weerd: Council? You know, I believe when this was discussed during the Comprehensive Plan public hearings, a Charette was discussed and I think at the time we were trying to define what this specific area designation would be and this -- I believe that it was Idaho Smart Growth, wasn't it? Or the Treasure Valley Futures Project that had mentioned that this might be a good area surrounding the sewer treatment plant to provide a Charette type of an opportunity to involve the residents and the public and staff and the property owners to come to the table and start defining what is the most appropriate use. From what I see in what we put in the Comprehensive Plan, this amendment you have raised some good points on use in that whole area, but that Comprehensive Plan and pursuing what actually could go in there, considering the designation, hasn't really been pursued before we start looking at other types of uses. I haven't heard anything really compelling that -- well, you did have compelling statistics and, certainly, market will only bear so much, but I guess in absence of trying to further define that, instead of piecemealing it -- and I think it was the piecemealing part of it that was of concern as well, that I would like to see that kind of activity before we start changing our Comprehensive Plan and before we even see what -- what everyone could come to together with that could exist there. Nary: Madam President? De Weerd: Mr. Nary. Nary: I'm pretty torn on this area. You know, I think a lot of what Mr. Wardle said is what we have discussed. I mean J think -- I have been one to say many times when we have been asked to amend our Comprehensive Plan, that my perception is that you need to bring us something better than we thought we could do. But I guess the other side of the coin with this particular area, we didn't know what we thought we could do with that and that was part of the problem that we had in addressing why we created this Mixed Use Wastewater Treatment plan zone to begin with, because we didn't know what to do with it. But I share Council President de Weerd's concern of piecemealing that change through and trying to sort of shoehorn different things. I don't know that what we envisioned was right. I mean I think it ends up being somewhat of a holding zone is what it ends up as. But I'm not sure that amending the text to, then, consider Meridian City Council October 21, 2003 Page 41 of 68 having these residences right there is necessarily the best alternative available. That's- - I guess that's where I'm a little bit torn. I know that the minutes reflect that we didn't have a very specific defined use for this area, but I am familiar, as what Mr. Watson's talked about, of the difficulty in dealfng with residences that are so close and adjacent to the treatment plant and there are other ones already -- I don't know that that by itself is enough, because I recognize that there are homes immediately across the street that are just as close to that treatment plant as this place is going to be. There are homes that aren't in the Wastewater Treatment Plant zone, that may be there to the west that, again, are really no different and, you know, the difficulty is is I think the easements provide us a legal buffer in dealing with concerns being expressed, but they don't really provide a very realistic buffer to people, you know. It's not going to help Mr. Watson and his department to say tough luck, read your plat next time. Don't buy your house there. That's not going to work just because we have those things. So, I'm not sure that that's still the best type of use and that was the one thing it seemed that when we had this discussion, which I'm sure you saw in the minutes, the one thing that we did all agree on is that residential didn't seem to be the appropriate type of use in this particular area and so I guess I'm pretty torn on amending the plan today. I think you have raised some valid points, Mr. Wardle, but I am -- I guess I'm not totally convinced yet that we have really defined this area adequately to be able to say, then, we should amend it to allow residential in there, when we had already made the decision that that was the one thing we thought didn't belong there. Wardle: I guess if I might, how does the city feel about having a school in that section? Bird: I think it would be worse. Wardle: I don't disagree. This -- if I can quote. I have got the minutes here. I mean I read too many of these minutes. I have gone black and white color blind. I don't see colors anymore, because I read too many of these. It says we have got a big, orange five hundred pound guerilla now around the Wastewater Treatment Plant that we don't know what to do with and we don't know what to do with it now. This was a year ago. Someone brought in a rezone request, wasn't allowed residential, but they were allowed commercial. What is the impetus to get us to the point where we start discussing this issue? We are a year down the road and we knew that coming in we would have to make this request. It was, actually, very specific that if we wanted to move forward, that a Comp Plan amendment would need to be made. That's what we have done. And I don't want to discount the fact that there may be opportunities for some of those commercial uses. I really see them probably happening on the corner where Utility Sub was. That's likely where it's going to happen. The farther you get down Ustick Road, the less likely that's going to happen. The more you get up into the middle of that section, the less likely it's going to happen. So, what do we do with those? They can't be a holding zone forever. There is residential all the way around this section. You know, I, actually, called about the odor issue. I called code enforcement. They didn't have any idea. They said call the police. SO,I called the police. The police said -- referred me back to code enforcement and code enforcement sent me to the Wastewater Treatment Plant. Do you know how many complaints or calls there have Meridian City Council October 21, 2003 Page 42 of 68 been over five years in terms of odor? Three. Three phone calls in five years. One of them was from a resjdent who just moved in, had no idea that the Wastewater Treatment Plant was there. I understand that it is a -- what is it, a type A -- or some technical word for this. It's a class A bio solids sludge treated facility, so it's moved around three to four times a year. So, at those times the Wastewater Treatment Plant staff indicated that's when probably the smell occurs the most. It's not an ongoing issue. I was also informed that there are certain upgrades being done to the wastewater treatment plant to address some of these. I know those are ongoing. I know construction is ongoing. We just feel that there is an opportunity to expand the uses that were intended by the Comp Plan. I don't take lightly the work that went into the Comp Plan. It was a long process. I was involved in that myself quite a bit. And this was one of those nebulous issues. What do we do with this area? And that's why we put forth this amendment to you for your consideration. If you say no, I'm not sure what the next step is. Who is going to initiate a Charette? Who is going to -- what's the next step? I know if you talk to the residents to the south, they are going to want to see residential across the street from them. I know that if we come in with a retail project -- because we have a zoning that's C-N, but if we come in with a retail project, you will probably have a lot more complains about that have, than having residential right across the street from it, even though we have zoning. And most people probably didn't know that that commercial zoning occurred, because the request was for R-2 and it was made of this decision -- or at this level to zone it commercial. So, that was never noticed that it was a commercial zone in terms of notifying the neighbors. So, I understand your concerns. I don't want to come across as being difficult or argumentative, I just -- I'm not sure what the next step is if this isn't the right step. De Weerd: Anna, do you have any insight on what the next step would be? Powell: Yes, but can I do a preamble? I mean it's clear that there is not a lot of ideas about what should occur here, but I'm not sure if that's a horrible thing at this point in this stage of Meridian. There is plenty of developable land. If this just isn't right for development at this point, then, that's not unusual to some of the situations to the south end of the city area of city impact as well. The issue regarding the odor, perhaps there is not odor right now, it's not a problem, but you got to remember that this is our one and only sewer treatment plant area at this point. There is not plans for another sewer treatment plant. So, as the city develops and absorbs all that farmland that's out there, there is going to be a lot more sewage moving through that plant and to look at it just from the here and now to say that, well, we don't know what to -- commercial isn't right now, industrial isn't right now, residential -- the Comp Plan says isn't right now, maybe that's okay for right now and that this might be developable land sometime in the future. So, having said that, we could perhaps -- this might be a good opportunity to work with Sherry McKibben on one of her urban labs to have some of her students tackle this as a land use design Charette issue. She's usually looking for opportunities to do those kinds of things. She's definitely interested in the City of Meridian. It might be a good opportunity. And it may be that there are other options, rather than allowing residential immediately adjacent, maybe the size needs to change, so that it's a little smaller and have a -- allow residential toward the outskirts of it. Perhaps that's one of the answers. Meridian City Council October 21, 2003 Page 43 of 68 But just to wholesale allow residential uses within the area -- I tried to get the Planning and Zoning Commission to perhaps comment on what density of uses. That was not addressed. So, it's kind of free reign at this point as far as what density would be of those residential uses as well. De Weerd: Thank you, Anna. Nichols: Madam President? De Weerd: Mr. Nichols. Nichols: Anna, this is a -- although we have an open hearing on it, this is associated with an application for a rezone. How many other parcels in this section, besides this sewer treatment plant, are annexed into the city? Powell: Just the sewer treatment facility itself, it would appear. De Weerd: And I think Charles Crane's place as well. Powell: Yes. I'm sorry. You're correct. Nichols: Okay. So, there is just those few along Ustick Road, plus the sewer treatment plant, are currently inside the city limits. De Weerd: And the Ten Mile Storage. Nichols: Okay. Powell: I'm sorry, I didn't realize the Ten Mile Storage -- I thought that was part of the city's property, but, yes, there is one there, too. So, it's coming here is one, there is one, and that's theirs, and I believe this -- it's one of these two little ones here. Both? The remainder of it is still zoned RUT. Nichols: Okay. Thank you. De Weerd: Okay. This is a public hearing, so we can take additional Public Hearing and, then, ask you to come back. Okay. Is there anyone else who would like to testify on this application? Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Centers: Yes. De Weerd: Please state your name and address. Centers: My name is Jake Centers. 2011 Locust Grove in Meridian. Meridian City Council October 21, 2003 Page 44 of 68 De Weerd: Thank you. Centers: And I know the documentation showed that Mrs. Britton owned this property and that's incorrect. I actually own the property, so -- De Weerd: Okay. Centers: It's been talked about, the odor issue, and the reality of it, there really isn't an odor out there but once or twice a year. We have had a neighborhood meeting, the neighbors came out, a few of them, just wanting to know what was going on. Testified that maybe once or twice a year they get a whiff of it. I talked extensively with Mrs. Wilkins that lives next door. Same thing. I'm actually renting the house out right now, purposely didn't tell the people that I'm renting it to what the facility was behind it, just because I wanted to see for my own interest, you know, if there was any issues, because if I'm going to develop this property, I want it to be lots that I can sell, you know. I don't want to develop a product that, you know, has some hindrances to it. So, went out and asked them before the P and Z hearings and they said, you know, we smelled something once, but they thought it was kind of cool that the meth gas was kind of burning off the stand back there, so, other than that, there really wasn't any comment negatively towards that, but -- so you keep hearing about the odor issues and, you know, that the city is growing, you know, it's going to maybe be more odor, but I guess my thought is w hat's the difference if it's residential or if it's office? If I'm looking to locate my office in a location that I'm going to bring clients into, I'm not going to locate it in an area that has foul odors. So, the issues that they are bringing up with the odors, those are issues that are going to have to be addressed regardless of what ultimately goes here, because if it's a nuisance and it's annoying, you know, I would say on the contrary that with residential, if people are made aware of that and can go out there and make the decision of whether or not they want to buy a house there. That seems to make more sense than for me to go build a business and an office there and, then, expect clients to come in and have to deal with that. I mean if you are going to have a massage parlor, I mean would you want to go get a massage out in an area that had a foul odor? I mean probably not. So, it's not just about the residential, if that really is something that's going on, which I don't personally feel it is, but it's a concern that staff keeps having, but that's going to have to be addressed regardless. The other thing is with this is, you know, like Jon said, we have come up with mechanisms to try and make potential buyers aware of what the surrounding areas are and I think by doing that, it's not much different than allowing residential development up against the interstate. The interstate is very noisy. I'm sure it doesn't smell all that great with all the emissions and cars going by, you know, lights, I mean there is car lights going on all the time and yet, you know, residential has been allowed to develop up against the interstate, you know, particularly like between Linder and the overpass there on Meridian-Kuna Road. You know, I -- Mr. Nary made the comment that, you know, it won't really work if people call in and complain, you know, but, I don't know, I mean how far can you take this, you know, to try and protect people. I mean it's -- we are all grown adults and we are all -- you know, if you're competent enough to be buying a house, I think you ought to be, you know, looking at what's around you and looking into what's on the deed and, you know, Meridian City Council Octobe r 21, 2003 Page 45 of 68 what's it -- something that didn't get mentioned is it's actually going to be a specific line Item in the CC and R's, it's going to be a note on the face of the plat, and we are going to have a separate document that they will have to sign. When I sell the lots, I'm going to have whoever buys the lots from me sign a specific document. I mean there is not going to be any question as to what is surrounding this development and we have come up with some of these other instruments, because, yeah, once I sell it, then, who's to say that that person when they sell it, the next person in won't know. But that's why the CC and R's -- you know, everybody can get a copy of those. The plat, everybody can get a copy of that, and it will be a specific line item on the deed, so -- I mean I don't know what else more, you know, could be done, so -- and the other thing, you know, I mean we say kind of wait it out and let's see what happens. You know, I mean what if it was your mother or grandmother that owned the property next door and it was 30 acres and you put it up for sale and that was their retirement and nobody wants to buy it, so you can't do much with it. I mean as Mr. Wardle said, that commercial brokers aren't interested it, because they are over by the freeway or they are off Eagle Road or they are in EI Dorado or Silverstone -- I mean that's where those guys want to and it's hard enough to get those places leased in those locations. So, I don't know, I mean I can definitely empathize with everybody's concerns, but I think it ought to be an allowed use and I think it ought to be kind of a case-by-case scenario. De Weerd: I think what we are concerned about is when we -- when we allow a new use, that It'S well thought through and we know what we are setting ourselves up for. We already realize that plat notes go unnoticed and some of the safeguards are good for maybe the first home buyer, but after that it's -- It kind of dilutes and this is a little bit different than building next to a freeway. The freeway is very obVIOUS. This oftentimes isn't and I think that's what other communities have learned in having residential around their sewer treatment plants. So, before we add a new use into an area that is designated to not accept that use, I think it would be good planning for the city to make sure if that use is allowed, what kind of restrictions and play out a scenario for an exercise like a Charette that can maybe examine those things and look at them in greater detail, work with the surrounding neighbors and the property owners and try and make this more of a process that anticipates, rather than, well, you know, at the moment this seems to be the best use for this for this piece of property, so let's just do it. We know that thiS area is going to have issues and so it will better serve not only the property owners, the owners that also surround the area, and potential complaints that we plan this well. Centers: Well -- and I can understand that. We know what the neighbors want. I mean they want to see some residential. I mean that's pretty obvious. And the fact that there is no neighbors -- well, there is a few neighbors, but we had a neighborhood meeting and everybody that came to that was, for the most part, in favor of the residential. So, I mean we know where that lies. But, you know, I can guarantee you that if, you know, thiS goes away now, and whatever, there is going to be people that make applications to come back asking for residential, because nobody -- they can't find another use for their property and I think it's just a matter of time. I mean that's my opinion on It, so -- Meridian City Council October 21, 2003 Page 46 of 68 De Weerd: Any other questions? Nary: Madam President? De Weerd: Mr. Nary. Nary: I think it's partly a -- I do agree a lot with what Mr. Centers said, you know, but I guess the one thing -- I think what we envisioned the difference between the commercial growth versus residential growth is most commercial growth is not 24 hours a day. Most of it it's inside an enclosed building. Most houses aren't. You know, a lot of houses aren't going to be, they are going to open their windows and they are going to be out in their backyard and they are going to be doing, you know, that type of activity versus a business, which, really, is, generally, going to be in an enclosed building that's airconditioned and doesn't have the windows open and the like. But I agree with a lot of what you said. You know, one of the ways that Boise has had to deal with the airport issue -- and recognize there is federal funds for that -- but they have had to buy those properties to insure that buffer to alleviate those concerns, they have the ability to purchase the properties around the airport, so they don't have to deal with that and I guess what I'm struggling with here is, you know, if it is that burning of a concern to the city, then, we should be buying this property, then, that's what we should be doing. If we think it's that important, then, we should buy it. If we are not going to buy it, then, it doesn't -- it doesn't seem very reasonable to simply say that Mr. Centers or anybody else can't do anything with their property, because we can't figure out what belongs there. You know, we don't know that residential doesn't belong there, we just kind of think that maybe that doesn't seem to fit what we think, but, you know, that may not really have any basis -- and I agree with what you're saying, that most of the residents would prefer residence -- in fact, when I read the minutes, it seemed like the only comments was on the design of the subdivision and the density and the road -- all the same stuff. Nobody seemed to be concerned that houses would be there, they just were concerned as how it was going to be designed and how that might impact them. So, I guess it's -- this is a tough call, but, like I said, we haven't figured out what's better to do with it, so I guess I'm not totally sold that we can't do this. Bird: Madam President? De Weerd: Mr. Bird. Bird: I agree with Mr. Nary on some of the things. I believe Mr. Centers, you know, he's got some property there and I'm sure he's going to move out there and live out there, too. Being raised in Nampa, Idaho, around the sugar beet factory, I'm used to the smell at different times of the year, so -- and it probably wouldn't probably offend me, but -- and I think that as a city we are not going to go out and buy up all that ground, we got 47 or 48 acres there now that will be sufficient to mirror that. I th in k that's a lot of -- a lot of people don't realize that that sewer plant is going to twice the size when we are done. We are going to mirror that, so you are going to have more odor to deal with as it gets larger -- and, don't get me wrong, we are getting better and stuff on that. What we do Meridian City Council October 21, 2003 Page 47 of 68 out there is a real question. I'm sure residential, where you're at off of Ustick, I can't see you getting much more odor than the southern subdivisions of Ustick Road. My biggest -- my biggest concern on this is the changing of the Comprehensive Plan. It seems like we worked for three years to get a Comprehensive Plan and we are changing the thing about every month at different areas. Maybe we didn't do a good enough job of planning ahead, but I don't know how you could have done much more. It sure wasn't a lack of effort on the city's part, so -- but I have no -- I have no problem with residential and stuff out there. In fact, I don't -- I don't see -- the only thing you might get out there would be some industrial, some wood cabinet shops, something like that. I don't see -- you're not going to get anybody that wants any traffic, because we don't have the traffic. I mean we have the traffic out there, but it's destination traffic, it's not stopping traffic. So, I can -- I just have a real problem with the changing of the Comprehensive Plan on a monthly basis on this, but I do agree, I think that residential, particularly in the area of yours, is probably the best thing to do out there. Centers: Believe me, if there was any other way to approach this besides amending the Comp Plan, we would have taken that route. Bird: Thank you. De Weerd: Thank you. Is there anyone else? Okay. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Leighton: Yes. De Weerd: Please state your name and address. Leighton: My name is Rhonda Leighton. My address is 3610 West Ustick Road and I am right next door to the proposed development. I have the little one acre piece that's right next door to it. It's a small, narrow, 110 feet wide and it goes back the distance will border their property -- I don't remember the footage, maybe 600 feet or something on that side. In regards to the Comprehensive Plan, my first thought is one year is probably not long enough to see if the Comprehensive Plan is going to work. I agree with some of the comments that have been here tonight. A couple of issues that I'd like to say is maybe there haven't so many complaints, because maybe there isn't that much residential out there. There has been a big dairy that has just recently closed up. The people in that area were kind of used to the dairy there and were kind of thankful it's gone, so now the smell is a little bit less. I have lived there for one year. There was a comment that said maybe we smelled it two or four times a year. I would have to say that I have smelled it probably 80 to 100 times in the year that I have been there. So, is it long term, is it long going, is it totally offensive? I'm a horse gal. It's not totally offensive to me, but it is there. The surprise to me that was more offensive than knowing that there was a smell of a water sewer treatment plant is the fact of the lights and the noise. The noise never quits. You open your windows at night and my n the back of my property faces to the sewer treatment plant. The lights shine in -- I do have trees and stuff and that, but the lights do shine in, they are on all the time, and the noise Meridian City Council October 21,2003 Page 48 of 68 is a constant vibrating hum and, honestly, I find that more offensive than the actual smell is. It just -- you know, there is traffic in the front, I understand that from Ustick, but at the back of my house it's this constant hum. So, if that's going to double in the next, you know, period of time, that's an interesting thought for me as far as what I want to do with my place. It's more at night that I hear it than during the day, of course, with the traffic and such as it goes on. I do appreciate your consideration in listening, you know, to us and to what they have to offer. I know you put a lot of work into the Comprehensive Plan and I hate to see it just kind of thrown out in a small period of time when that can't be thought of. We did voice our opinion in regards to what we thought as far as residential. If it's just the answer of residential and, then, it goes by piece by piece, that's what they are talking about. So, maybe residential is good, but maybe on a -- you know, a larger scale. I don't know if that, you know, works into your plan that way. I think that's all. De Weerd: Okay. Thank you. Any questions? Okay. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Crane: Yes, it is. De Weerd: Please state your name and address. Crane: My name is Charles Crane at 3600 West Ustick Road. De Weerd: Thank you. Crane: My comment is on the residential. There are different type of residents and different type of residential. As Rhonda stated, she's a horse person and I guess I'm a little bit of a country boy myself. I also have a horse. And the smell isn't too bothersome to me. My horse produces a little methane herself. In fact, the newest resident of that area -- years ago I had applied to this Council and was granted an R-2 zoning and I finally built that house I had talked about for all those years and I really enjoy my place. I know the smells. I know the noises. I have actually talked to the waste treatment plant and they have worked on the lights, trying to reduce some of the lights and they are talking about working on some of the noise with some sound barriers on the building that produces the noise. So, I see some possibilities of residential, but I don't really see a prim city boy sitting there in his subdivision house next to that, but I could see other people -- other horse people, other people that are used to the country one, two, three acre lots being quite happy there and that might be something that a developer could consider. If they brought something to the city that the city really thought was an improvement, they really had an opportunity to make it a better neighborhood, a better city, I think you would have a reason to amend comprehensive plans, make ordinance, whatever was necessary for the betterment of the city, but this particular plan is just an urban development at the edge of town and that's not the type of residences that I think would be worth changing a Comprehensive Plan for. Meridian City Council October 21,2003 Page 49 of 68 De Weerd: Thank you. Any questions? Thank you, Mr. Crane. Is there any further testimony? Nary: Madam President, could I ask Mr. Watson a question before Mr. Wardle comes back? De Weerd: Uh-huh. Nary: This is the property; right? This piece? Watson: To the east. Nary: East. This piece. This one here? Bird: 6.39 acres. Nary: So if -- where is the outfall from the treatment plant? Is it somewhere along here or is it further up? Watson: Councilman Nary, it was in the first place. Five Mile Creek is the one that runs more east-west. Somewhere in that general vicinity. Probably a little more east. I would guess right in there. Nary: Right about here? Thank you. De Weerd: Okay. Mr. Wardle. Wardle: For the record, my name is Jon Wardle. Regarding the issue of what's going to happen out in this area, BridgeTower has been approved and will develop at urban densities. Dakota Ridge and the other Wilkins Ranch over here developed at urban densities. You just approved a final plat right here, urban densities. I think Lochsa Falls is right here. There is going to be other large developments that occur up here and it will be just a matter of time these properties here could be all R-8 -- an R-8 designation. This is shown to be an R-4. There is a little bit of country here, but it looks -- it depends on which way you're looking. If you're looking from Ustick north, you're going to see nice pasture land. The cows appear to be gone, but it's going to be pretty much open. If you look south you're going to see houses. If you look west, eventually will be houses, east will be houses. This area here -- around here is all going to be urbanized. That's the city's plan. And I guess the question that I have is the city said we don't want you to put a park there. We don't want residential there. We don't want that employment office center to go there either. And we definitely don't want heavy industrial uses. So, the question we have is if none of those things are allowed, we are told not to be here, because the odor is too strong, then, what goes here? We have put the request forward to you today, put a lot 0 f time and effort. Weare - - we are not making light 0 f t he process. I have probably spent as much time as anybody reviewing that document and all the work that went into it and this was a big question, what do we do here and I think Meridian City Council October 21, 2003 Page 50 of 68 we are just providing the city with an opportunity to do something here. I'm not sure where you go, what the next step is. We feel that residential is -- is a good use here along Ustick Road. So, I -- I don't have -- I don't have an answer, except what we put forth. Bird: Madam President? De Weerd: Mr. Bird. Bird: Jon, that piece of ground that looks landlocked up there above -- north of yours, is that part of 6.39 acres? Wardle: It is not. That was part of Utility Sub. If you remember, they, I think, proposed a little park area back here, because they had a couple pathways going around it and there is a sewer line that goes through. I think it was an area that they really weren't going to develop, but they had shown as I think open space on their plan. Bird: And their entry would be from Ten Mile, not from Ustick to that ground back there? Wardle: I believe so. De Weerd: Any other questions? Wardle: Thank you. De Weerd: Thank you. Staff, any comments? Questions? Watson: Madam President, if I might just make a couple clarifications. All the residential subdivisions that exist east and south were approved with the old Comprehensive Plan that didn't have this language in it. When the new Comp Plan was being developed and we attended some of those workshops, we felt pretty strongly about this particular section and, granted, we don't have -- public works doesn't have a good idea what should be in there. But I think the distinction needs to be made why all those others exist east and south. We didn't have this tool to even comment on residential uses. The second thing to talk about is -- there seems to be a wide variety whether there are odors out there or not, but I think there are and Council member McCandless can probably help me out with that. As we were exiting the building after a staff meeting several weeks ago we did notice that. But what it is today may not be even close to what it is 20 years from now with the new requirements being issued by EPA, we may have -- not completely different processes, but a lot of different types of processes to meet different treatment requirements. I guess I just don't want anyone to have the misconception that what's out there today is what will always be out there. We will always make an effort to minimize odors, but I think my primary duties, the city's primary duties, are to meet permit and to do it in a cost-effective manner and when we start doing esthetics and odor control and that sort of thing, that's not to meet permit. It may be being a good neighbor, but it's costly. The third thing, the easement, which Meridian City Council Octobe r 21, 2003 Page 51 of 68 really hasn't had much discussion and maybe that's for the preliminary plat discussion. Council member Nary touched on it, but I will get the calls and even though I have that piece of paper in my hand, J think a very good attorney could keep me running for quite awhile on that sort of thing. There is always a standard of care and that seems to be somewhat subjective. When I think we are doing a good job, I'm not sure another attorney would think the same thing. The fourth and final editorial comment from a public works standpoint, we would like it to be rural, light industrial, or maybe parks and athletic ftelds. But that doesn't coincide with what the neighbors want out there, so that is just my opinion. That's alii have. Thank you. De Weerd: Okay. Thank you, Brad. Nichols: Madam President? De Weerd: Mr. Nichols: Nichols: Madam President, if Mrs. Powell could explain what a Charette is, so the record has that, please. Powell: My non-official Webster's dictionary definition, a Charette is generally when a group of design individuals get around and basically brainstorm on a project. It usually includes a plan v iew, as well ass ome architectural renderings. I 1's generally two to three days in process. The other type of involvement that I had talked about earlier would be perhaps a longer process where students over the course of the quarter or semester -- having not gone to Idaho schools, I'm not sure what it is, but over the course of study they would develop a plan for that area and perhaps a -- some ideas of how to lay it out and what type of architecture might be appropriate. Nary: Madam President? De Weerd: Mr. Nary. Nary: I guess -- I think we are still sort of pondering this. I mean that sounds like a great idea, but unless you have the people with the money that are going to do it, that's not going to really do much. I mean whether it's Smart Growth or whether it's somebody else putting on this type of thing, unless those people that own those properties are participants in it, which that's not what I'm hearing today, it's not going to really go anywhere. You can't really design something that's in a vacuum and so I'm not sure that that's really going to work. De Weerd: And that wasn't the idea that was offered during the Comprehensive Plan and I think even some of the testimony that was collected during the north Meridian plan open house. I think there was some comment on it, then, and, yes, the property owners would have to be participants in this exercise and I guess that's how I envisioned it, why we were discussing it and I know Anna wasn't present at -- during that process, so she wouldn't have knowledge on it. But it was brought up. I think the offer was even placed Meridian City Council October 21, 2003 Page 52 of 68 out there by Elaine Clegg or John Barnes that -- and Sherry McKibben that this would be something that they could pull together among the property owners and surrounding residences, so -- Nary: Well, I know a week ago we had an application at Ustick and Eagle that we were struggling with probably similar to this. I mean -- and with the similar concerns I think that we have raised tonight, you know, we didn't necessarily have a specific vision for that area either, but we were very concerned about piecemeal development and how that was going to be developed, how that was going to look in the future and, you know, I think this one somewhat is in the same category for me as -- trying to figure out what's the best way to deal with this. I guess there is a lot of me, after listening to the testimony, that I don't have -- I guess I don't have the same concern I had at the outset about the residential uses as a permitted use with a Conditional Use Permit as being requested, because, again, it still allows the level of flexibility for us to evaluate what can be there. I think Mr. Centers and Mr. Wardle have brought some pretty fair testimony to at least allow us to consider that as a potential use in this area. You know, in looking -- and that's not before us yet. I'm not sure that the level of what they are proposing necessarily fits into what I think is appropriate, but right now all we are doing is deciding whether or not to allow the discussion further of residential uses and I guess I'm not as adverse to it as I was at the outset after listening to the testimony. De Weerd: We already had the summary. Council, do you want more testimony? Nary: I don't care. De Weerd: Okay. Centers: Quick comment. Jake Centers. As far as the -- you know, trying to come up with another plan for this area -- I mean what else is there to come up with? I mean all the uses are already allowed, except residential. So I mean I'm just not sure what good that would do. I mean it's -- everything is there. Nichols: Madam President? De Weerd: Mr. Nichols. Nichols: Mr. Centers, the difference is yours is already in the city limits and so the city has to -- you know, and although we are not -- I mean looking at the Comprehensive Plan. The other parcels are not annexed and so it gives the Council flexibility in deciding whether to take them in or not and under what circumstances and what the development would be. Yours is a little different picture and so to say that because they were denied before, because people didn't want a bus barn on that corner with a bunch of diesel buses running in and out twice a day, doesn't mean that there isn't some potential industrial uses somebody is going to want to put there, with a potential for an interstate interchange just a few miles down the road. So, there is a distinction there and to say I don't think it's fair for the -- to say to the Council there is nothing left. Your Meridian City Council October 21, 2003 Page 53 of 68 parcel needs some special attention. And, Madam President, if I could ask staff a question. If the amendment were allowed as proposed, are there enough conditions or criteria to evaluate a request for zoning for residential uses that take into account some of these things like the noise and the odor or how much buffer area is left toward the treatment plant side or -- I mean that's my question. It would seem that if that amendment was going to be made, would it not be prudent to say these are factors that we will go into considering whether residential uses would be allowed and you would have some criteria, so that someone like Mr. Centers, who approaches another parcel and is considering perhaps residential, would know what things to look at in developing a site plan and a layout and all of those things. Powell: No, the applicant has not proposed those with the Comprehensive Plan amendment. Because it was an a pplicant-initiated amendment we did not add to it. Our -- as I said, our initial recommendation was for denial, so we did not add language to it at that time. At the Planning and Zone Commission I asked for even some clarity on the density issue and was not able to gather any from them. So, at this point there are no standards to evaluate what type of residential development would be appropriate. It is left up -- it is left wide open. De Weerd: And I guess that's my concern, is, you know, you could have lower densities towards the center and allow a little bit more density towards the outer rim. Without specification and without giving it some thought, you know, I'm not one that rushes into it head first without trying to look at pros and cons and with all the thought that went into our Comprehensive Plan. It just seems that we are rushing into a decision to amend it, without having some of these more finer details really thought through. And I agree that residential uses make sense. Your figures really drove those home and what we really are setting up and limiting the property owners out there, but I don't see why we need to rush into making some allowances without thinking through the pros and the cons and how best to transition in these areas and that's why I think is there an exercise might help? Maybe avoid that exercise and spend staff time looking at it, out source it, I don't know, but it is an area that is designated within our Comprehensive Plan. We need to further define it. That's 0 bvious h ere. A nd h ow we want tog 0 a bout that exercise, that's the next question. But I agree that -- we just did this Comprehensive Plan, it was given a lot of thought, we had a lot of discussion on this particular area, I don't think that we are going to solve it in one night. Centers: Well, I'd like to say if you're thinking about heading that route, I'd rather have a professional do it, instead of some lady and her class of students doing it. You know, I mean this is a piece property, it's an expensive piece of property and, you know, if you're going to go to that extent, I'd like to see some professional planning involved with it and now just turned over to a bunch of students thinking of it as, you know, a home ec art project, because this is serious business. And if you're going to hire a professional, that costs money and, you know, personally, I think you, as a Council, are completely competent in making the decisions on -- I mean, you know, you do it all the time with property. Why is this that much different? You know, or maybe put a -- well, I don't know. I mean that's just kind of my thoughts on it. Meridian City Council October 21, 2003 Page 54 of 68 Nary: Madam President? De Weerd: Mr. Nary. Nary: Yeah. I think the only problem, Mr. Centers, I think is what Council President de Weerd's raised is, you know, we had already made a decision not to have any residential, so now we don't have any standards in which to gauge what you're asking for. If we approve this request, then, we move on to your other requests for rezoning and the plat and all of those things and we don't have a standard -- we don't have a standard as to how far away from that treatment plant should houses be allowed, because we had originally decided not to allow any. So, you know, I think she's raised a very valid point that before we can concur with your text amendment, we have to have some idea of how would we fit zoning for houses into an area now that we had previously had no zone at all -- or no houses at all and I don't necessarily feel -- although it's nice of you to say that, but I don't necessarily feel that we are particularly equipped to decide whether 150 feet or 200 feet or 300 feet is appropriate from that treatment plant, what type of setbacks are appropriate and is there height requirements and what type of compatible zoning. I f I was looking just a t compatible zoning right now, your adjacent zoning is R-2 and you want an R-8. I don't know that those are compatible. Centers: We are currently zoned commercial. Nary: I understand. Centers: So, tell me how commercial and R-2 is less compatible than R-8 and R-2. Nary: I agree. So -- but we don't have any of those standards set as to how to do that and I think what the staff is asking is pretty reasonable in saying we need some guidance as to how to do that. I mean what is it you want. I don't know how long that process would take. I don't know how we would do that, because we haven't had to do that yet. We can certainly, you know, direct staff to come back and give us a proposal on how we can get this accomplished and how it would long take and who we would hire to do it and what that would cost and, then, we could decide to do that. But I think that's what -- at least that's where the discussion is at the moment is how do we get that further, but you got to understand, I mean that's partly the reason, is you're asking us to add something that wasn't included at all and does require some thought before we just add it in. Bird: Madam President? De Weerd: Mr. Bird. Bird: In Mr. Centers' defense, you know, we got CUP's coming on all this stuff and the deal. I agree with him, I mean I realize it probably wouldn't cost us anything to have Meridian City Council October 21,2003 Page 55 of 68 McKibben and her classes do it, but I have some real problems with that. It might be 18 to -- 18 months to two years before we got any results. I -- but in the same token, I'm like Councilwoman de Weerd and Councilman Nary, we have no standards set out there, so how do you -- you know, how do you say you can build right up to the creek and -- or you have to be -- have a 35 foot buffer or you can't have a house over 24 foot tall or -- without knowing that, we can go back to staff and get it done. I realize you have got an awful expensive piece of property out there for a horse farm, like was suggested earlier, or put some cows on it. Centers: I can't even do that. Bird: You'd have to sell a lot of cattle to pay for the -- Centers: It's zoned commercial. I can't do that. Bird: And I think that area -- and looking back, yeah, I don't see that area being commercial. You might get a corner lot there of retail, but I doubt it. That's something that we got to go back and look at. But I assure you that we worked hard and long on that property out there. Whether we made the right recommendations, I don't know. I think we did, but time will tell. Centers: Well, just a suggestion that maybe, you know, if this text amendment were approved, then, everything still comes up comes through the conditional use process, so you still have, you know, flexibility to say yea or nay and, you know, maybe we approve this and, then, you know, direct staff to start working towards coming up with some of the guidelines to address residential uses. You know, J don't know, because I can see that process taking quite awhile and to my knowledge there is not anything in the works with other applications coming in, besides mine. You know, I mean this is a little selfish, but maybe address mine and, then, you know, try and -- and, then, now that you know this is a potential that could be coming, then, to work on standards for any future ones. Bird: Madam President? De Weerd: Mr. Bird. Bird: Mr. Centers, the only problem is I'm not -- I would have no problem for a Comprehensive Plan deal if we had the standards in place at that time, but I'm not going to pass something without having standards within the program that we are passing and, then, your other project can go. I don't think it would take that long to set some standards. I wouldn't think it would. J would think staff could set some standards, you know, like buffer zones and stuff like that and I would feel comfortable with that, but as it sits right now, without any standards or a nything for residential, I'm not f or it. Now, whether it takes us two weeks, a month, two months, it's going to be a lot faster than if we go out and hire somebody to give us these standards or we go to the University of Idaho's planning department with Mrs. McKibben's students and it takes two years, but I Meridian City Council adobe r 21, 2003 Page 56 of 68 believe that -- and I could back something like that. If they can come back with some standards to do that, I could back it. But I'm not going to pass anything that don't have standards set up for it when it comes forward and I know it's when -- your piece 0 f property, but I'll guarantee you're not the only piece of property that's going to come in for residential. That whole Ustick thing is going to be residential corridor, so -- but until we get some standards for the residential, I can't go for it. Once we get the standards, which I think staff can probably do, like buffer zones, setbacks, whatever we need, then, I can take a hard look at it and probably pass it and go for it. Centers: A couple things. One, you know, staff has already told you they don't want any residential, so maybe if the direction was given that they have to include some residential, you know, and make it work, figure it out. And the other is I assume a question for Attorney Nichols as to what the process would be if some guidelines came back from staff, would it have to go through the hearing process or what -- how would that work? De Weerd: Mr. Nichols, would you like to explain that process? Nichols: Madam President, Members of the Council. A great question, Mr. Centers, and I'm not sure of the answer. I'm not sure if it becomes the type of text amendment that is so extensive that it has to be considered by the Planning and Zoning Commission or not. Powell: Madam President? De Weerd: Anna. Powell: Members of the Council. Just backtracking a little bit. It would seem, since the applicant has brought forth this Comprehensive Plan amendment, it would not be inappropriate for him to suggest the standards. In fact, it would be normal for him to suggest the standards that, then, staff could have comment on or reply to. That keeps his application open and, then, there would seem to be the question of whether or not it would need to be remanded back to the Planning and Zoning Commission. Given that they approved it with no standards, I would think that maybe we could forego that. Nichols: Madam President? De Weerd: Mr. Nichols. Nichols: Madam President, Members of the Council, we could certainly look at it, particularly where the Commission is a recommending body, as opposed to a deciding body on the issue and so if -- since the Council holds final say in any event, perhaps in that fashion it would be appropriate. I would say, though, it's a little difficult for Mr. Centers to come up with what those standards and so forth would be when what -- without some direction from staff as to -- or the Council as to what it is you're looking for and maybe there has been enough in the discussion that Mr. Wardle can put something Meridian City Council October 21, 2003 Page 57 of 68 together. But just to say bring some conditions to us to look at comment and upon, I'm not sure gets us there as quickly as everybody seems to want to get some resolution of it, because you'd hate for him to bring something up and, then, well, that's not enough and -- I mean that doesn't seem appropriate. Centers: I'd do that. I mean, you know, this is an issue and it's going to, you know, affect everybody here and a lot of property owners and, you know, I don't think it would be as difficult as -- you know, as long as you direct staff that residential is going to be something that we are interested in seeing in this area. I think we can -- both Jon and I have a good relationship with staff and as long as we were working towards that common goal, I feel we could at least come up with the first draft of something to present to you, you know, because, really, it's staff that is going to need to deal with the issues, so -- De Weerd: Well, staff certainly knows more about this area than I would even pretend to, but it seems a little bit more complex than that to me, but I don't know. In terms of giving it some thought -- because what we do here will be allowed in that whole area. We will set precedence and we want to make sure that whatever we allow or do is going to be consistent throughout that whole area and so, you know, I guess since you opened that door, I would look to you to comment on this. Powell: Well, there are several problems I see. One is that we have got three applications immediately following this. With the suggestions I have heard tonight, the standards that staff would deem appropriate would basically deny -- or would exclude that project from being able to gain approval. So, I'm torn with this -- this dichotomy of all these active applications, which we know the applicant is moving toward, I don't know how we are going to come to any agreement on suitable standards just between the applicant and I or my staff, but -- De Weerd: Well, I guess that's why I was a little bit astonished that you opened that door. Powell: Well, it's his application -- it's his application and if he wants to -- he's complaining that there is not going to be professional staff working on it, he's got professional staff. So, if he wants to suggest something that would -- if I were in Mr. Wardle's shoes I would looking at the rest of the Comp Plan, look at the issues that they were trying to deal with, look -- address the concerns that the Council was looking at tonight, look at some of our landscaping standards and separation standards, do some research on nationwide how people have dealt with this, if they have got suitable standards -- I mean he knows how to do the research. He knows how to develop standards. If this is part of his application, then, he could propose those and we could review those, but given that there is these other applications attached to this, I'm not quite sure how realistic that is. De Weerd: Well, I guess I appreciate you being sensitive to that and I might suggest that we continue this for a week, let the applicant talk with his planner, let you look at it Meridian City Council October 21,2003 Page 58 of 68 from a staff perspective, and bring back a recommendation next week. I don't know what the rest of the Council thinks, but, you know, we can sit here for the next hour and really discuss this or ask that the people who know more about this bring recommendations next week. Centers: Could I just ask a question, just to kind of get your response? With like the neighborhood commercial zoning or -- yeah. There are -- it's a percentage, like so much of a percentage of that neighborhood commercial can be in office and, then, no more will be allowed and, then, you have to utilize some other uses with that. So, just kind of brainstorming real quick, I mean is that a potential, maybe, in this area? Say, you know, if you got whatever, 280 usable acres, 20 percent of that could be allowed for residential uses and, you know, kind of a first come first serve deal, just not unlike the neighborhood commercial with like the light office space. Nary: Madam President? De Weerd: Mr. Nary. Nary: I don't know the answer to your question. I guess what I'm thinking -- what I think in listening to what you have said, Mr. Centers, and what Mrs. Powell has said, I guess, to me, I think both of you are right to a degree. I think Mrs. Powell is correct that normally when people make application for these types of things, they are also providing those standards and the like. You folks didn't ask for that and the Planning and Zoning Commission didn't feel compelled to come up with that. I think you should have some input. My assumption -- and I could be wrong, but my assumption is the standards that you're going to come up with for residential are going to look a lot like these three applications that are right behind us. I'm just guessing, but that's what I think, so -- but that may not necessarily be the best thing. I think the planning staff, although I know they have opposed this application, certainly if the direction of this Council is to say go figure something out for us, because we are not opposed to it, they will do that. What we do a lot of times -- and I think Mrs. Powell can make this call on this, is hiring consultants and other people to assist in that process. Sometimes that -- that still doesn't take very long to do that. We don't have to go through a very extensive process to get some idea on what's appropriate and I think more than anything, I guess to me, as a lay person, more than anything, it's the setback from the treatment plant that's probably the most significant factor. I don't know what that should be. I don't know if it should be 100 or 200 or 50 feet. [don't have any idea. So, someone else that has that expertise needs to tell us that. There is probably other standards that they have had to deal with in other communities in trying to create that and both Mrs. Powell and -- either through her staff or through a consultant can help come up with that. Jlook at that as somewhat of a marriage between what you folks think as appropriate for your application, as well as what maybe some objective third person may believe has worked in other areas, as well as what our staff believes works in our area. So, I look at that as that's where the meeting of the minds has to occur and, you know, it's not going to help anybody -- I mean I have already missed the World Series tonight, I don't want to spend another hour here. Meridian City Council October 21, 2003 Page 59 of 68 Centers: The Yankees.won. Nary: What's that? Centers: The Yankees won. Nary: All right. That's good. They were wining -- they were winning in the bottom of the eighth, so -- but, anyway, I don't want to spend another hour here, because j don't think we could solve it. I don't think we can solve that tonight. I think between your input, Mrs. Powell's staff's input, and if there is a necessity, because there is such a disagreement between what you folks think should be the standards and what the staff thinks should be the standards, there is plenty of other people in this community that can probably provide us some good, professional, expertise on that, that I think we can solve this problem fairly quickly, but I think -- I think President de Weerd's correct, that probably the best way to do that is figure out in a week what's the game plan and I don't think we can figure out that game plan now without just having this same discussion for a half an hour. Centers: Right. Anna, how is your week workload? De Weerd: Oh, we can have you guys get together after this hearing and -- Centers: Well, I was just asking her to see if we can -- if she can do it within this week or two weeks -- De Weerd: Okay. Thank you. Powell: Friday is, really, the only day I have a whole lot of free time, so that would only give us one day. If they want anything in advance -- we could probably get it done by next week. Yeah. De Weerd: Or plan it -- continue this until November 5th and -- Powell: Yeah. Get an extra day. Centers: Let's see. Can we go two weeks? De Weerd: That is two weeks. Centers: Oh. Okay. Sorry. Right. De Weerd: That works for you? Centers: Yes. Meridian City Council October 21, 2003 Page 60 of 68 De Weerd: Okay. Centers: Okay. Appreciate all your time. De Weerd: Okay. Bird: Madam Chairman? De Weerd: Mr. Bird. Bird: With that I would move that we continue the Public Hearing CPA 03-003, Stapleton Subdivision, to November 5th, 2003. Nary: Second. De Weerd: Okay. It's been moved and seconded to continue Item 16, CPA 03-003, to November 5th. All those in favor say aye. Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 17: Public Hearing: RZ 03-009 Request for a Rezone of 6.39 acres from C-N to R-8 zones for proposed Stapleton Subdivision by Wardle and Associates - 3680 West Ustick Road: Item 18: Public Hearing: PP 03-019 Request for Preliminary Plat approval of 40 building lots and 7 other lots on 5.93 acres in a proposed R-8 zone for proposed Stapleton Subdivision by Wardle and Associates - 3680 West Ustick Road: Item 19: Public Hearing: CUP 03-034 Request for a Conditional Use Permit for a Planned D evelopment for a 41-lot subdivision t 0 include a reduction in minimum size lots, size of homes, minimum square footage on main floor of multi-level homes, and setbacks in a proposed R-8 zone for proposed Stapleton Subdivision by Wardle and Associates - 3680 West Ustick Road: Nary: Madam President, we need to -- do we need to table the other items, then? Bird: We need to open it and, then, continue it. Nary: Oh, open and continue. De Weerd: Do we need to open and continue? Nichols: Yes. Meridian City Council October 21, 2003 Page 61 of 68 De Weerd: Okay. I will go ahead and open Item 17, Public Hearing RZ 03-009, request for a rezone of 6.39. acres from C-N to R-8 zones for the proposed Stapleton Subdivision. Item 18, Public Hearing PP 03-019, request for preliminary plat approval of 14 building lots and seven other lots on 5.93 acres in a proposed R-8 zone for proposed Stapleton Subdivision. And Item 19, Public Hearing CUP 03-034, request for a Conditional Use Permit for a planned development for a 41 lot subdivision, to include the reduction in the minimum size lots, size of homes, minimum square footage on main floor of multi-level homes and setbacks in a proposed R-8 zone for proposed Stapleton Subdivision. Bird: Madam President? De Weerd: The public hearings are open. Yes, Mr. Bird. Bird: I would move that continue RZ 03-009, the request for a rezone for Stapleton Subdivision to November 5th, 2003. De Weerd: Can you do them all? Bird: Do you want me to do them all? Okay. Also PP 03-019, the request for a preliminary plat approval for Stapleton Subdivision and also CUP 03-034, the Conditional Use Permit for Stapleton Subdivision to November 3rd, 2003. De Weerd: How about November 5th. Bird: 5th. I'm sorry. Nary: Second. Bird: I'm two days off. De Weerd: Okay. It's been moved and seconded to continue Items 17, 18 and 19 to November 5th, 2003. All those in favor say aye. Nary: Madam President before we vote. De Weerd: I'm sorry. Nary: I just want to -- it's probably not necessary tonight. Mr. Crane is here, Mrs. Leighton was here. Part of the benefit of setting -- of opening the Public Hearing and setting them over is we don't have to renotice them again, which is fine, but this may be a fairly lengthy process and although it may not be necessary tonight, I do think in the future we do need to make sure that, you know, these affected property owners that are immediately adjacent and have an interest in this property and development of it, receive notice, because they are not going to otherwise, because we have continued these hearings and so I'm not going to ask for it tonight, but on November 5th, if we Meridian City Council October 21, 2003 Page 62 of 68 continue this again, I will ask that we send Mr. Crane and Mrs. Leighton notice of the hearing, so they don't have to every week look to see if we put it on there, because I don't think that's very fair. But other than that, that was my only comment. De Weerd: And we can ask staff to specifically contact them as well. Nary: Yes. De Weerd: Okay. Thank you. All those in favor of continuing these items to November 5th, 2003, please, say aye. Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 20: Water, Sewer and Trash Delinquencies: De Weerd: We will move to Item 20. Sewer, trash -- water, sewer and trash delinquencies. This is to inform you in writing, if you so choose, that you have the right to a pre-termination hearing at 7:30 p.m., Tuesday, October 21 st, 2003, before the Mayor and City before the Mayor and City Council to appear in person to be judged on the facts and to defend the claim made by the city that your water, sewer, and trash bill is delinquent. You may retain counsel. Your service will be discontinued on October 22nd, and/or October 29th, 2003, unless payment is received in full. Is there anyone present who wishes to contest his or her water, sewer, and trash delinquency? Okay. Seeing none, they are hereby informed that they may appeal or have the decision of the city reviewed by the Fourth Judicial District Court pursuant to Idaho state code. Even though they appeal their water will be shut off. The amount of the turn-off list is $33,544.45. Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move that we accept the delinquency for turn off and turn off dates will be October 22nd, 2003, or -- and/or October 29th, 2003. The total sum is $33,544.45. Nary: Second. De Weerd: Okay. It's been moved and seconded to approve the turn off dates of October 22nd and 29th for the turn off list amount of $33,544.45. Mrs. Deputy Clerk, will you call roll? Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. MOTION CARRIED: ALL AYES. Meridian City Council October 21, 2003 Page 63 of 68 De Weerd: I just thought it was important before we leave is one item to discuss. At Compass on Monday, the Ten Mile interchange was discussed, gave a presentation to the board on the local and regional significance of the Ten Mile interchange and proceeding with the environmental impact study. The private developer did offer their commitment of five million dollars to fund the EIS and that was discussed and on the table. ITD came back with something that was different from what the ITD board suggested and that is to have further study done to have a long-term look at the north- south connection to the interchanges that are being proposed in the 1-84 corridor study and Clair Bowman at that meeting also raised his concern of certain deficiencies in the 1-84 corridor study that would warrant more study and work being done and would put in question even the -- Nary: Validity? De Weerd: -- validity. Yes. Thank you very much. -- in the Ten Mile as the site for an interchange. So, I did talk with Mr. Bird, I have left a message for the Mayor and did talk to the private entities afterwards and I think it would be on the best behalf of our community if we respond to t he Compass board with some concerns. One, that an 800,000 dollar document on the 1-84 corridor study that recommended Ten Mile as the next priority for interchanges being built, if it has deficiencies, what those deficiencies would be. Two, that if -- that since the board did vote to proceed with further study, that they could use the on-call that ITD has for consultants to eliminate some of the bidding and award process. Three. To explain more in the criteria what specifically this would do to further delay the Ten Mile interchange EIS, how this study would really correlate with that and so we can understand this. This was to be -- was to consider amendment to the Boise Urbanize TIP and the full board voted on it, so that, too, should have question as to why Canyon County was voting on a TIP item for the Boise Urbanized Area. So, those are my concerns and I believe they are also Mr. Bird's concerns and just wanted to update the Council as to that board action and any other suggestions that our letter should incorporate, if you have any ideas. Nary: Madam President? De Weerd: Mr. Nary. Nary: Yeah. I share the same concerns. You know, it's incredible to me that in one breath Compass can say that we have a significant area, a significant type of need for this interchange, but let's study whether or not it actually goes there at all and it absolutely makes no sense whatsoever to me. Obviously, there is other people driving this train that we can't seem to get an interchange built that makes sense to everybody that's immediately affected by it, but is being somehow slowed by people who have some long-term issues about it that aren't going to immediately impacted. I think that's - - that's just ridiculous to me. So I agree with you that we need to respond in writing. I think as our representative on the Compass board currently would -- I would appreciate if you would be able to pen a letter, maybe with Mr. Smith's assistance as well or some of the other information that we have and Mr. Bird's input, too, that I think we do need to Meridian City Council October 21,2003 Page 64 of 68 make a very strong statement that we disagree that and we strongly want this done and we don't need another .ten years of study that at the end of the day we find out that it wasn't really valid. De Weerd: Well -- and I guess to further explain the concern here, is Ten Mile interchange has been on our planning document since 1978. It's been on the Compass board priorities since 1996. The 1-84 corridor says it's needed by 2010, because we would have a population 44,000 people, which we almost have now. So, we are seven years ahead of their projections. I think that shows warrant and consideration that they cannot blink at this five million dollars that is on the table. If they don't do it now, don't come looking for private funds from this community, that it is supposed to be built by 2010, and, you know, can we afford to continue to delay it, because every year we delay it it's additional cost. The minimum -- or the soonest we could get it would be 2007. Those private dollars are still on the table and may still be there for 2008. But I think our community, whether this private interest is present or not, we need the Ten Mile interchange. Nary: And I think our residents need to know that. Bird: Madam President? De Weerd: Mr. Bird. Bird: I agree with Mr. Nary on a letter, but I believe it's -- we should have a letter drafted by yourself and our attorney Mr. Nichols and signed by the Mayor and all four Council people. I think that will carry more weight. I agree with Tammy, she put on a very good presentation. We had four people stand with us. Nancy Merrill and Dave Bivens -- oh, and Judy Pevey-Derr, five of us, and Tammy and I with nay votes. The thing that amazed me -- it's like Tammy said, why Canyon County was voting on something like this, I don't know, they are real worried, you know, they have got themselves in a pickle -- and this is editorializing and I don't care if you publish it, Frank. They got themselves -- Nary: We are glad you're here. Bird: They got themselves in a pickle at the Idaho Center and they are trying to get out of it. They want to see the off ramp closer over to the Idaho Center, so they can do stuff like that. Well, the only thing I have heard for 20 some years is that we are going to have it at Ten Mile and it's in the plan. Now, all of a sudden we are not even sure it's going to be at Ten Mile. And Eastborn has stepped forward with five million dollars -- Micron did five million dollars out at Isaac Canyon and, you know, that thing got done immediately. De Weerd: And it didn't even have the traffic, the trips that-- Meridian City Council October 21, 2003 Page 65 of 68 Bird: And it didn't have the traffic that we had. And they are trying to tie -- what they are trying to do, ITD -- which aren't my favorite people right now anyway because of what they have done to us 0 n the Locust Grove 0 verpass, delaying it there - - is t hey are trying to put this whole project into the 56 million dollars. Well, you have got to build the interchange on Ten Mile before you do Meridian Road's expansion and, then, you got to get it done before you can do the lane additions. So, they are phased, I agree, but why should the cost be -- you know, because they are saying, well, five million is nothing, it's a drop in the bucket to 56 million. But five million to 16 million, which the interchange is basically going to cost, is a nice chunk of money at a good percent, but they are trying to do this other thing. And we have got to w rite a strong I etter and it's got to be in Compass's number one priority TIP as far as I'm concerned and we have got to see that it happens. De Weerd: Well -- and what also was a part of my presentation that shows through their engineering studies and this was by Earth Tech, is by opening the Ten Mile interchange you can reduce the trips on Eagle by ten percent. I mean that's a huge impact to not only our popula~ion, but the mobile population that goes through there and our safety services. So, Anna, I don't know if you have any suggestions as well, but certainly would appreciate any input that you would have to put in such a letter. Powell: I think you know the issues far better than I do at this point. I wanted to actually raise a related topic. The TIP that they were approving the other night is the 2004 to 2008 TI P? De Weerd: Eight. Uh-huh. Powell: And their -- the transportation task force is required to get the 2005-2009 TIP to you by the end of J believe next month or maybe this month. It's coming up very quickly. Right now the Ten Mile interchange is listed as number 13 and the reason that's done is because of that whole chicken and egg thing that we were talking about the other day, is that if you -- if you put it in a number one priority, then, it probably -- it lessens the likelihood of your other priorities getting done, because there is no funding for it, but you can't get the funding untillTD does the funding and back and forth, back and forth. But, given tonight's conversation -- I'm just double-checking. I'm assuming that you're going to want the transportation task force to put that as the number one priority, followed by Locust Grove? De Weerd: I haven't -- Bird: Wait a minute. Locust Grove is done. That shouldn't even be a priority. That is in the plans. Boy, let's don't get started on that. That's the same thing that those people are -- Locust Grove is a done project. De Weerd: Mr. Bird. Meridian City Council October 21, 2003 Page 66 of 68 Bird: Excuse me. It's a done project. But I'm just -- I mean it's been through plans -- we have bought right of way. We have spent city money. Right of way. Powell: I'm not a member of that task force. Bird: I know you're not. Powell: I just saw their results, but aliI know is it's still on the list, so -- De Weerd: We haven't seen it yet. Powell: Well -- and I'm just wondering if you want them to change it before it comes up to you or do you just want to see it as they have got it now or-- De Weerd: Let's-- Powell: I just know it's coming and I didn't know if you wanted it changed before you got here or -- Bird: No. Let's see what they have got. De Weerd: I appreciate that. Mrs. McCandless. McCandless: I am on that committee and I have it on computer, the draft version of it, and I'm to send in suggestions to Gary. If you want me to send in that -- what Mr. Bird was talking about as a suggestion to take Locust Grove off of there, I sure can. Bird: Why would that -- why would that even be on the list? Because supposedly it got shoved back two years, because we got the federal money -- when ITO went to the federal it shoved us back. That thing was supposed to open this year. That's why this Council, all four us, put 1.8 million of city money towards that, because of the safety factor that we felt was necessary. De Weerd: Cherie -- I'm sorry, Keith. I guess maybe what you can asked Gary is if he could contact ACHD and make sure by removing it we are not going to take it out of a priority and a planned year basis. It is on the TIP. It is in the funded year. So, it may not be compromised, but he may want to check on that first. You know, I agree that if it doesn't need to be on there, we don't want it on there, but before we take it off, we better make sure we are not compromising anything. McCandless: And am I to understand that you guys would like to see Ten Mile number one and take it off of the end of the list, so to speak? De Weerd: I think we need to see the list. Nary: Madam President? Meridian City Council October 21, 2003 Page 67 of 68 De Weerd: Mr. Nary. Nary: Yeah. I don't know about the number. I certainly know it is a priority. You know, the one thing I guess I'm sitting here and thinking is we don't control as many things as people think we do. We aren't really in charge of everything that you may think we are. But we can be at least -- when people ask us what are we going to do or what did we do to get that Ten Mile interchange built, this is what we can do and we need to do, because -- and whether or not we need to move it up on the list, I think we -- I think we are going to need to move it up, but I don't know where that belongs, you know, whether it's one, two, three, or whatever. But it certainly is a high priority and, you know, we don't want to lose -- we don't want other people as we have seen in other entities lose sight of the prize, because we moved it around or took it off and they thought we didn't want it anymore and that was the assumption they made to move fOlVVard and we don't want that to happen. But this is something we -- that is very important that we need to do. De Weerd: Yeah. So, if he can touch base and try and find out, I think they definitely have some ideas that we could probably utilize. Nary: And Frank's just glad he stayed until the end of the meeting. De Weerd: And, Frank, certainly we will -- we will get you a copy of that letter. I think our citizens need to know and it's not that I don't think we should work regionally with this group, but I do know that there is some pressure needed at ITD to start looking at that Ten Mile interchange and maybe -- my concern was is, what, is transportation going to start telling us our land use? We have put six million dollars on our sewer, we have already spent 100,000 dollars on the design, on the conceptual designs, 34,000 on preliminary sewer study, and, then, you have 1.8 million -- or 1.1 million dollars in total well and water issues and so we have a substantial investment here that we need to protect and I don't see any other options as viable, other than Ten Mile. That's what we have been planning for for 25 years and for them to come and tell us now, after that -- that was adopted -- that 1-84 corridor study was adopted in 2001 by not only the Compass board, but by ITD board as well. So, this is a little late in the game to start questioning the -- okay. You say it. The validity. And, you know, it's just beyond belief. McCandless: I agree with you. Bird: Madam President? De Weerd: So, anyway -- Mr. Bird. Bird: On another subject before we do. This is for Anna. On the landscaping deal, I've had two phone calls, maybe you have had them, because I have told them to call you. We took out a ten inch caliper tree out here in front of the city hall. Our landscaping ordinance says that anytime you take out over four inch caliper trees you replace it back Mendian City Council October 21, 2003 Page 68 of 68 with a like about of caliper and they are two in calipers. Where are we going to -- these people want to know where are we going to put the five two inch caliper trees. De Weerd: Who do you mean these people? He's calling himself. Bird: No. No, It's not me. Not me. I can give you the name. I agree with it. I will say that up front. Powell: With all the landscape provisions -- is this in an Old Town area? Bird: It's right out here. Powell: Yeah. In the Old Town I think you have seen a lot of alternative compliance as far as the landscape ordinance, because it really isn't -- it doesn't mesh well with the Old Town area and so I think that alternative compliance provision comes into play quite a bit. I don't know, did the -- we also encourage people to really get with Elroy Huff before they take out one, because if it's diseased or dying or dead -- Bird: This was ours we took out, because we are taking the cement up, because it's unsafe, is why they are taking it out and redoing it. But the one guy in particular is doing a remodel down at the NAPA deal and he's having to adhere to this ordinance, which is in Old Town, part of the old urban renewal right down here on Meridian Street. Wants to know if we are going to do it here. Would you check on that, Anna? I have been chewed out too many times. Powell: I would be happy to. And the answer is if we are going with the alternative compliance, then, fortunately, usually, it comes before you also, so I can get your feel as to how you want to go. If it's just a permitted use that's coming in for a building permit, we can look at it. We need to know what his alternative is, so -- Bird: My basic idea of our landscape is you don't -- I don't care what the building looks like, because in ten years you won't be able to see it through the trees anyway. De Weerd: Could I have a motion to adjourn? Bird: So moved. Nary: Second. McCandless: Second. De Weerd: All those in favor say aye. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Meridian City Council October 21, 2003 Page 69 of 68 MEETING ADJOURNED AT 10:35 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) --r~ 'ReBERT -M~ \\\\\lllIIIUlt,/ .-f-;;. . ,-' \\\ f: t,IlE IILI I tlWi-f'Y'-r; ;J tVWL-cl /reJ'/;te,.;;f,'~.'~' l)'~//...... ATTEST: ~,-i" 0 ot'\PoRA,~ ~ % ::: _~...G ""0 -;. ~ ~~ ~ - - = SEAL :: y CLERK ~ ,OJ& 0 ;; ~ 1'/\ uSr 1Si ' ~ ~ ...... v..." ~.: .;:- /... ~:r ~r " 'l"''''11170UNTi . \\\\\,....... ttI(UOll\\\\\\\ 1(/~/fJ3 DATE APPROVED ?[Q.02L 7o~t f;y V'LLbliG rto-h'ce -LnWv? t;)! CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, October 21,2003 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 October 7, 2003 Pre-Council Meeting: B. Tabled from October 14,2003: Resolution No. Approving the Memorandum of Understanding with Meridian Firefighters Local 2311 regarding Wages: C. Tabled from October 14, 2003: October 2003 Addendum to Development Agreement Correcting the legal description for AZ 00-026 Bear Creek Subdivision No. 6 (fka I approved as Kodiak Development): D. Findings of fact and Conclusions of law for Approval: VAC 03-005 Request to vacate 29 feet of right of way along the alignment of Venable Lane for Cedar Sprinas No.3 by Howell Murdoch Development, Corp. - west of North Meridian Road and north of West Ustick Road: E. Findings of fact and Conclusions of Law for Approval: CUP 03-038 Request for a Conditional Use Permit for a tri-plex in an R- 15 zone for Trov Palmer Tri-Plex by Troy Palmer - 1236 East 2 % Street: . F. Findings of Fact and Conclusions of Law for Approval: CUP 03-040 Request for a Conditional Use Permit for a Planned Development for shell and core for multi-floor medical office building in an L-Q zone for Meadow Lake Villaae Medical Office Meridian City Council Agenda~ October 21, 2003 Page I of4 All materials presented at public meetings sball become property of the City of Meridian, Anyone desiring accommodation for disabilities related to documents and/or bearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. by Hummel Architects, P.A. - east of North Eagle Road and south of EastFranklin Road: G. Findings of Fact and Conclusions of Law for Approval: AZ 03- 017 Request for annexation and zoning of 6.00 acres from RUT to R-4 zones for proposed Parkway Subdivision by Six Point Development, LLC - 355 West Ustick Road: H. Findings of Fact and Conclusions of Law for Approval: PP 03- 022 Request for Preliminary Plat approval of 14 bUilding lots and 3 other lots on 6.00 acres in a proposed R4 zone for proposed Parkway Subdivision by Six Point Development, lLC - 355 West Ustick Road: I. Development Agreement: AZ 03-016 Request for annexation and zoning of 80.51 acres from R-1 to C-G zones for proposed Silverstone Business Campus by Sundance Investments southeast corner of East Overland Road and South Eagle Road: J. Development Agreement; AZ 03-014 Request for annexation and zoning of 33.25 acres from RUT to R-8 zones for proposed Tuscanv ViUaae by Tuscany Development, Inc. - south of East Victory Road and west of South Locust Grove Road: K. Development Agreement: AZ 03-013 Request for annexation and zoning of 79.77 acres from RUT to R-B, C-G and L-O zones for proposed Kellv Creek Subdivision by Kevin Howell Construction _ northwest corner of North Linder Road and West McMillan Road: L. Water Main Easement for the Sonoma Square Building in Bonito Subdivision - Kimball Properties Limited; M. Acknowledgement of Judges and Clerks for November 4, 2003 General Election as submitted by Elections Coordinator lova June Pack: 4. Department Reports: 5. (Items Moved from Consent Agenda) 6. Continued from October 14,2003: Ordinance No. Amending Ordinance 03-1033 Correcting the legal description for AZ 00-026 Bear Creek Subdivision No.6 (fka I approved as Kodiak Development): Meridian City Council Agenda - October 21, 2003 Page 2 of 4 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 houts prior to the public meeting. 7. Continued from October 14, 2003: Ordinance No. Amending Ordinance 03-1037 AZ 03-012 Request for annexation and zoning of 24.004 acres from R1 to R-2 zones for Carol Subdivision by The City of Meridian - west of North Eagle Road and south of East Ustick Road: 8. Ordinance No. AZ 03-016 Request for annexation and zoning of 80.51 acres from R-1 to C-G zones for proposed Silverstone Business Campus by Sun dance Investments - southeast corner of East Overland Road and South Eagle Road: 9. Ordinance No. AZ 03-014 Request for annexation and zoning of 33.25 acres from RUT to R-8 zones for proposed Tuscanv Vmaae by Tuscany Development, Inc. - south of East Victory Road and west of South Locust Grove Road: 10. Ordinance No. 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: 11. Tabled from October 7, 2003: FP 03-048 Request for Final Plat approval of 92 residential building lots and 11 other lots on 35.52 acres in an R-8 zone for Birchstone Subdivision by Centennial Development, LLC - northwest corner of West Ustick Road and North Black Cat Road: 12. Continued Public Hearing from October 14, 2003: ZOA 03-002 Request for Amendments to Sian Ordinance: 13. Continued Public Hearing from October 14,2003: AZ 03-015 Request for annexation and zoning of 9.8 acres from RUT to R-8 zones for proposed Saaeland Planned Development by Quasar Development, LLC - northeast corner of South Locust Grove Road and East Victory Road: 14. Continued Public Hearing from October 14, 2003: PP 03-020 Request for revised Preliminary Plat approval of 41 building lots and 9 other lots on 10.64 acres in a proposed R-8 zone for proposed SaQeland Planned Development by Quasar Development, LLC - northeast corner of South Locust Grove Road and East Victory Road: 15. Continued Public Hearing from October 14, 2003: CUP 03-036 Request for Conditional Use Permit for a Planned Development with a private neighborhood park in an R-8 zone for proposed Saaeland Planned Development by Quasar Development - northeast corner of South Locust Grove Road and East Victory Road: Meridian City Council Agenda - October 21,2003 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 hearings please oontact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 16. Public Hearing: CPA 03~003 Request for amendment to the text of the Comprehensive Plan to allow new residential uses within the mixed use WWTP zoning designation for proposed Stapleton SilJbdivision by Wardle and Associates - 3680 West Ustick Road: 11. Public Hearing: RZ 03-009 Request for a Rezone of 6.39 acres from C-N to R-8 zones for prop'osed Stapleton Subdivision by Wardle and Associates - 3680 West Ustick Road: 18. Public Hearing: PP 03-019 Request for Preliminary Plat approval of 40 building lots and 7 other lots on 5.93 acres in a proposed R-8 zone for proposed Stapleton Subdivision by Wardle and Associates - 3680 West Ustick Road: 19. Public Hearing: CUP 03E034 Request for a Conditional Use Permit for a Planned Development for a 41-lot subdivision to include a reduction in minimum size lots, size of homes, minimum square footage on main floor of multi-level homes, and setbacks in a proposed R-8 zone for proposed Stapleton Subdivision by Wardle and Associates - 3680 West Ustick Road: 20. Water, Sewer and Trash Delinquencies: Meridian City Council Agenda - October 21. 2003 Page 4 of 4 All materials presented !It public meetings sh!lll become property of the City of Meridian. Anyone desiring acconul1odatioll for disabilities related to documents andJor hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting, 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ** TX CONFIRMATION REPORT ** AS OF OCT 17 '03 16:05 PAGE. 01 DATE TIME TO/FROM 10/17 15:17 3810160 10/17 15:20 PUBLIC WORKS 10/17 15:22 12084664405 10/17 15:24 8841159 10/17 15:25 2088840744 10/17 15:27 POLICE DEPT 10/17 15:29 8985501 10/17 15:31 LIBRARY 10/17 15:33 IDAHO STATESMAN 10/17 15:35 208 388 6924 10/17 15:37 2088886854 10/17 15:39 208 895 0390 10/17 15:41 Laurel 10/17 15:43 208 387 6393 10/17 15:45 ADA CTY DEVELMT 10/17 15:48 208-888-5052 10/17 15:50 CHERRY LANE 10/17 15:52 POST OFFICE 10/17 15:55 IDAHO ATHLETIC C 10/17 15:57 ID PRESS TRIBUNE 10/17 15:59 208 888 6700 10/17 16:04 ALL AMERICAN INS 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 EC--S G3--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S CITY OF MERIDIAN MIN/SEC PGS 02' 13" 004 01'19" 004 01' 19" 004 01' 19" 004 01'18" 004 01' 19" 004 01 ' 17" 004 01'43" 004 01' 18" 004 01'42" 004 01' 17" 004 01 ' 17" 004 01' 20" 004 01'17" 004 02' 19" 004 01' 18" 004 01'44" 004 02' 12" 004 01'19" 004 01' 18" 004 01 ' 17" 004 01'18" 004 CMDtt 243 243 243 243 243 243 243 243 243 243 243 243 243 243 243 243 243 243 243 243 243 243 STATUS OK OK OK OK OK OK OK OK OK OK OK OK Ok OK OK OK OK OK OK OK OK OK -------------------------------------------------------------------------------------------- ?l.w2e... ?O~i:. w PU.b{le, Ylo-h'ce. - L'ha.-n /(S ! CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, October 21,2003 at 7:00 p.m. City Council Chambers 1. Ron-call Attendance: Tammy de Weerd Cherie McCandless Mayor Robert Corrie Sill Nary Keith Bird 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of October 7, 2003 Pre~Council Meeting: B. Tabled from October 14,2003: Resolution No. 4n.......^''';n.... ....._ "'._____ C~_. ** COMMUNICATIONS REPORT ** TOTAL PAGES . SEND 0114 RECEIVE 0002 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 DATE TIME TO/FROM 10/17 12:30 208 388 6924 10/17 12:34 208 388 6924 10/17 12:36 208 388 6924 10/17 12:56 208 388 6924 10/17 14:23 2088886854 10/17 15:17 3810160 10/17 15:20 PUBLIC WORKS 10/17 15:22 12084664405 10/17 15:24 8841159 10/17 15:25 2088840744 10/17 15:27 POLICE DEPT 10/17 15:29 S985501 10/17 15:31 LIBRARY 10/17 15:33 IDAHO STATESMAN 10/17 15:35 208 388 6924 10/17 15:37 2088886854 10/17 15:39 208 895 0390 10/17 15:41 laurel 10/17 15:43 208 387 6393 10/17 15:45 ADA CTY DEVElMT 10/17 15:48 208-888-5052 10/17 15:50 CHERRY LANE 10/17 15:52 POST OFFICE 10/17 15:55 IDAHO ATHLETIC C 10/17 15:57 ID PRESS TRIBUNE 10/17 15:59 208 888 6700 10/17 16:04 ALL AMERICAN INS 10/17 16:34 3810160 10/17 16:35 PUBLIC WORKS 10/17 16:36 12084664405 10/17 16:37 8841159 10/17 16:38 2088840744 AS OF OCT 17 '03 16:39 PAGE. 01 MODE EC--S EC--S EC--S EC--S EC--R 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 EC--S G3--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 TOTAL TI ME CITY OF MERIDIAN SEND 000 41 ' 33" RECEIVE 00000'36" MIN/SEC PGS 01'24" 004 01' 27" 004 01'25" 004 01'29" 004 00'36" 002 02'13" 004 01' 19" 004 01'19" 004 01'19" 004 01' 18" 004 01'19" 004 01' 17" 004 01'43" 004 01'18" 004 01' 42" 004 01'17" 004 01'17" 004 01'20" 004 01'17" 004 02'19" 004 01' 18" 004 01'44" 004 02'12" 004 01'19" 004 01'18" 004 01' 17" 004 01' is'' 004 00' 51" 002 00' 33" 002 00'34" 002 00'33'; 002 00'34" 002 CMDtt 234 236 237 240 242 243 243 243 243 243 243 243 243 243 243 243 243 243 243 243 243 243 243 243 243 243 243 245 245 245 245 245 STATUS OK OK OK OK OK OK OK 01< OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK Of< OK OK 01< OK OK OK Of< OK 1)1 \{)..;~ ~O()t \Dr Vo\o~ll~ lJot/L(}/ ~ 1Vl {[v1~ .. ~, , 'n.' ., 'I .;/ MAYOR Robert D. Conie - '-I ~p /CITYOF __-_,_---1 '-/VI erldi ([n~-:~; JDAHO LEGAL DEPARTMENT (208) 466-9272 . FAX 466-4405 CITY COUNCIL MEMBERS Tammy de Weerd William L M. Nary Chetie McCandless Keith Bird " " ..... \' V ,/ 1.'/ /'/ rr: ~'g8~ PARKS & RECREATION (208) 888-3579 . Fax 898-550 I PUBLIC WORKS (208) 898-5500 . Fax 887 - J 297 BUILDING DEPARTMENT (208) 887 - 2211 . Fax 887-1297 PLANNING & ZONING (208) 884-55;33 . 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, October 21, 2003 at 6:30 P.M. The Meridian City Council will be discussing the following agenda items: - Executive Session per Idaho Code 967-2345(1)(b) The Executive Session is closed to the public, however, the public is welcome to attend the remainder of the meeting. DATED this 1 ih day of October, 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 Item Packet Pickup MEETING DATE: October 21,2003 City Council Meeting RESOLUTION NO. OS - 1-/ /5" BY: Ku."th 13 lILd A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN AND ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF MERIDIAN AND MERIDIAN FIREFIGHTERS LOCAL 2311 IAFF". BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into a memorandum of understanding agreement with LOCAL #2311 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, organized and existing pursuant to Chapter 18 of Title 44 of the Idaho Code, denoted as "MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF MERIDIAN AND MERIDIAN FIREFIGHTERS LOCAL 2311lAFF", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain memorandum of understanding agreement with LOCAL #2311 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, organized and existing pursuant to Chapter 18 of Title 44 of the Idaho Code, entitled "MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF MERIDIAN AND MERIDIAN FIREFIGHTERS LOCAL 2311 IAFF", a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN AND ENTER INTO AN AGREEMENT ENTITLED "MEMORANDUM OF UNDERSTANDING BETWEEN ClTY OF MERIDIAN AND MERIDIAN FIREFIGHTERS LOCAL 2311 IAFF" Page 1 of2 copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2. ( day of tf:)c--t-ohGr ,2003. - APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this .-fl. day of tOc.f:00ey ,2003. ATTEST: .,. ~- -;. vQ .o.?jo~ ~. '"9'0 u&r 1Si . X'! Z:\Work\M\Meridian\Meridian J 5360M\Fire DePt\h.;Jeii1o~ders n Ul,g\R~tti.Ql)'MOU with Union 09 22 03.do.: /11111 aUNT'! "\\\\,, 11i;lillll \\;\\\\' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN AND ENTER INTO AN AGREEMENT ENTITLED "MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF MERIDIAN AND MERIDIAN FIREFIGHTERS LOCAL 2311 IAFF" Page 2 of2 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF MERIDIAN AND MERIDIAN FIREFIGHTERS LOCAL 2311 IAFF October 2/ sj", 2003 This Memorandum of Understanding, dated this 2/./9 day of October, 2003, between the City of Meridian, hereinafter referred to as "DEPARTMENT", and the Meridian Firefighters Local 2311 IAFF, hereinafter referred to as "UNION". WHEREAS, the "Department" and the "Union", recognize that the local and national economy has suffered a down turn in the last couple of years, which makes it difficult to increase wages~ and WHEREAS, the City has made a commitment to all city employees to reexamine city resources and financial conditions in January 2004 to see if any upward salary and wage adjustments can be granted as a result of improvements in the overall economy and city resources~ and WHEREAS, both parties hereto desire to reopen negotiations in January 2004 in the event that the City grants additional increases in wages to non-union employees. Now, therefore, the parties hereto agree as follows: L If, in January 2004, City grants salary or wage increases to non-union employees, then the "Department" shall notify the "Union" and reopen negotiations on the subject of wages only. No other terms of the contract shall be renegotiated. The increase in wages, subject to negotiation shall be equal to or greater than other City employees. Through negotiations, it will be determined how the increase will be distributed on the salary schedule. 2. It is the parties desire to open and conclude negotiations prior to January 31, 2004. However, in the event that negotiations extend beyond January 31, 2004, the amount of the increase, ifany, shall be retroactive to January 31,2004. Memorandum of Understanding Local 2311 IAFF and Meridian CitylRural Fire Departments Page 10f3 The parties further agree that this agreement shall remain in full force and in fact until such time as both parties mutually agree in writing to terminate all, or any part, of this agreement. CITY OF MERIDIAN ATTEST: ~~~ Ma~~ ' \\\\\\\~~d 6:; Ci'!-jC9tvll.~ !o-2.(-t73 """,,\~ of fRID/llrrr" ,," <-- '-1A. <- .{ CJ oo;:>J)OR,.l )' . Y 'S ~ i;>0 ('0 ~ 9J ~ ~ d1~~ By: ~tJ'3~ K nny Bowers, Mendlan Fire Chief ATTEST: By: Secretary Memorandum of Understanding Local 2311 IAFF and Meridian City/Rural Fire Departments Page 2 of3 l\1ERIDIAN FIREFIGHTERS LOCAL 2311 IAFF By: Blake Campbell, Pres. Local 2311 IAFF ATTEST: By: Lance Smith, Vice Pres. Meridian Firefighters Chapter, Local 2311 IAFF Z:\Work\M\Meridian\Meridian 15360M\Fire Dept\Mem.oUnderstanding\MEMORANDUM OF UNDERSTANDING 1 0919 03.doc Memorandum of Understanding Local 2311 IAFF and Meridian CitylRural Fire Departments Page 3 of3 8 ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 10/24/03 01:40 PM DEPUTY Bonnie Oberbillig RECORDED-REQUEST OF Meridian City AMOUNT .00 111111111I111111111111111111111111111 103181098 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR ) VACATION OF A 29-FOOT RIGHT-OF-WAY) ALONG THE ALIGNMENT OF VENABLE ) LANE, PARALLEL TO THE NEWLY ) PLATTED RIGHT-OF-WAY OF RHODES ) AVENUE FOR CEDAR SPRINGS NO.3, ) LOCATED WEST OF NORTH MERIDIAN ) ROAD AND NORTH OF WEST USTICK ) ROAD, MERIDIAN, IDAHO ) ) HOWELL MURDOCH DEVELOPMENT, ) CORP., ) APPLICANT. ) ) CIC 10/07/03 CASE NO. V AC-03-00S FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF VACATION OF A TWENTY-NINE FOOT RIGHT-OF-WAY This matter coming on regularly before the City Council at its regular meeting held on October 7, 2003, at the hour of7:00 p.m., and Anna Powell Planning Director for the PlaMing and Zoning Department, and Darin Fluke, appeared and testified at the hearing, and the Council having received the record from the Planning and Zoning Commission and its recommendations to the City Council, and no objection having been received makes the following Findings of Fact and Decision and Order. Findings of Fact and Conclusions of Law and Order of Vacation for Cedar Springs No.3 - V AC-03-005 PAGE 1 OF 8 STATEMENT OF LEGAL AUTHORITY AND JURISDICTION CONCLUSIONS OF LAW 1. Easements shall be vacated in the same manner as streets. {I.C. S 50-1325}. 2. When a county or highway district desires the abandonment or vacation of any highway, public street or public right-of-way which was accepted as part of a platted subdivision said abandonment or vacation shall be accomplished pursuant to the provisions of Chapter 13, Title 50 Idaho Code {I.C. S 40-203 (6)}. 3. Any person, firm, association, corporation or other legally recognized form of business desiring to vacate a part of a plat which is inside the boundaries of any City must petition the City Council to vacate. Any person, persons, firm, association, corporation or other legally recognized form of business desiring to vacate a plat or any part thereof which is inside or within one (1) mile ofthe boundaries of any city must petition the city council to vacate. Such petition shall set forth particular circumstances of the requests to vacate; contain a legal description of the platted area or property to be vacated; the names of the persons affected thereby, and said petition shall be filed with the city clerk. Written notice of public hearing on said petition shall be given, by certified mail with return receipt, at least ten (10) days prior to the date of public hearing to all property owners within three hundred feet (3001) ofthe boundaries of the area described in the petition. Such notice of public hearing shall also be published once a week for two (2) successive weeks in the official newspaper of the city, the last of which shall be not less than seven (7) days prior to the date of said hearing; provided, however, that in a proceeding as to the vacation of all or a portion of a cemetery plat where there has been no interment, or in the case of a cemetery being within three hundred feet (300') of another plat for which a vacation is sought, publication of the notice of hearing shall be the only required notice as to the property owners in the cemetery. When the procedures set forth herein have been fulfilled, the city council may grant the request to vacate with such restrictions as they deem necessary in the public interest. In the case of easements granted for gas, sewer, water, telephone, cable television, power, drainage, and slope purposes, public notice of intent to vacate is not required. Vacation of these easements shall occur upon the recording of the new or amended plat, provided that all affected easement holders have been notified by certified mail, return receipt requested, of the proposed vacation and have agreed to the same in writing. {I.C. S 50-1306A (1), (2), (3) and (5)} 4. Pursuant to Meridian City Code SS 12-10-1 A and Band 12-10-2 A and B it provides as follows: Findings of Fact and Conclusions of Law and Order of Vacation for Cedar Springs No.3 - V AC-03-005 PAGE20F8 12-10-1 APPLICA TION PROCEDURE: 1. Application: Any property owner desiring to vacate an existing subdivision, public right of way or easement shall complete and file an application with the Administrator. These provisions shall not apply to the widening of any street which is shown on this Comprehensive Development Plan, or the dedication of streets, rights of way or easements to be shown on a recorded subdivision. 2. Administrator Action: Upon receipt of the completed application, the Administrator shall affix the date of application acceptance thereon. The Administrator shall place the application on the agenda for consideration at the next regular meeting of the Commission which is held not less than fifteen (15) days after said date of acceptance. 12-10-2 COMMISSION AND COUNCIL ACTION: A. Commission Recommendation: The Commission shall review the request and all agency responses and make a recommendation to the Council for either an approval, conditional approval, or denial. 2. Council Action: 1. Hearing; Notice: When considering an application for vacation procedures, the Council shall establish a date for a public hearing and give such public notice as required by law. The Council may approve, deny or modify the application. Whenever public rights-of-way or lands are vacated, the Council shall provide adjacent property owners with a quit-claim deed for the vacated rights of way in such proportions as are prescribed by law. 2. Street Improvements; Bond: When considering an application for dedication procedures, the Council may approve, deny or modify the application. When a dedication is approved, the required street improvements shall be constructed or a bond furnished assuring the construction, prior to acceptance of the dedication. To complete the acceptance of any dedication ofland, the owner shall furnish to the Council a deed describing and conveying such lands to be recorded with the County Recorder. FINDINGS OF FACT 1. J-U-B Engineers, Inc., on behalf ofthe applicant, Howell Murdoch Development Corp., filed a petition for the vacation of a 29-foot right-of-way along the Findings of Fact and Conclusions of Law and Order of Vacation for Cedar Springs No.3 - V AC-03-005 PAGE 3 OF 8 alignment of Venable Lane, parallel to the newly platted right-of-way of Rhodes Avenue for Cedar Springs No.3 located west of North Meridian Road and north of West Ustick Road, Meridian, Idaho, and which existing 29-foot right-of-way was required to be vacated by the City of Meridian as a condition of approval of the Cedar Springs Preliminary Plat, so that the subdivision lots located at the western edge of the subdivision do not have frontage off oftwo streets. Prior to the City of Meridian signing the Final Plat for Cedar Springs No.3, the applicant must submit evidence that the 29-foot right-of-way easement vacation has been approved by all required agencies and authorities. The legal description of the existing unused sewer easement, is the subject of this petition, is: Parcel Description Right-Of-Way Vacation That portion of the Southwest ~ of Section 36, Township 4 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, as shown on the attached exhibit and more particularly described as follows: Commencing at the South ~ corner of Section 36, marked by a brass cap; from which a IS-foot witness corner for the Center ~ bears North 00027'49" East, 2,642.96 feet; thence along the Easterly boundary of the Southwest ~ of Section 36, North 00027'49" East, 1,757.43 feet to the POINT OF BEGINNING; thence North 89032'11" West, 29.00 feet; thence Northerly along a line that is 29.00 feet West of and parallel to the Easterly boundary of the Southwest ~ of Section 36, North 00027'49" East, 900.72 feet to the Northerly boundary thereof; thence along said boundary, South 89009'38" East, 29.00 feet to the Center ~ corner of Section 36; thence along the Easterly boundary of the Southwest '4 of Section 36, South 00027'49" West, 900.53 feet to the POINT OF BEGINNING. Containing 0.600 acres (26,118 square feet), more or less. 2. The particular circumstances of the requested vacation is: The existing 29-foot right-of-way was required to be vacated by the City of Meridian as a condition of approval ofthe Cedar Springs Preliminary Plat, so that the subdi vision lots located at the western edge of the subdivision do not have frontage off of two streets. Prior to the City of Meridian signing the Final Plat for Cedar Springs No.3, the applicant must submit evidence that the 29-foot right-of- Findings of Fact and Conclusions of Law and Order of Vacation for Cedar Springs No.3 - V AC-03-005 PAGE 4 OF 8 way easement vacation has been approved by all required agencies and authorities, for Cedar Springs No.3, located west of North Meridian Road and north of West Ustick Road, Meridian, Idaho. 3. The applicant has obtained notarized approval of the easement vacation from affected utilities. 4. Written notice of the public hearing of this petition was given by certified mail with return receipt at least ten (10) days prior to the date of the public hearing to all property owners within three hundred feet (3001) ofthe boundaries of the area described in the petition, and such notice was also published once a week for two (2) successive weeks in the Idaho Statesman with the last publication which was not less than seven (7) days prior to the hearing. 5. All publication costs have been paid by the petitioner. 6. The vacation is necessary for the applicant because prior to the City of Meridian signing the Final Plat for Cedar Springs No.3, the applicant must submit evidence that the 29-foot right-of-way easement vacation has been approved by all required agencies and authorities. DECISION AND ORDER OF VACATION OF A 29-FOOT RIGHT-OF-WAY EASEMENT NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING STATEMENT OF LEGAL AUTHORITY AND JURISDICTION AND STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION, the City Council does hereby ORDER and this does ORDER that: 1. The following is the legal description of the existing 29-foot right-of-way along the alignment of V enable Lane, parallel to the newly platted right-of-way of Rhodes Avenue for Cedar Springs No.3, located west of North Meridian Road and north of West Ustick Road, Meridian, Idaho, and is hereby vacated: Parcel Description Right-Of-Way Vacation That portion of the Southwest % of Section 36, Township 4 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, as shown on the attached exhibit Findings of Fact and Conclusions of Law and Order of Vacation for Cedar Springs No.3 - V AC-03-005 PAGE 5 OF 8 and more particularly described as follows: Commencing at the South y.; comer of Section 36, marked by a brass cap; from which a IS-foot witness comer for the Center y.; bears North 00027'49" East, 2,642.96 feet; thence along the Easterly boundary of the Southwest y.; of Section 36, North 00027'49" East, 1,757.43 feet to the POINT OF BEGINNING; thence North 89032' 11" West, 29.00 feet; thence Northerly along a line that is 29.00 feet West of and parallel to the Easterly boundary of the Southwest )4 of Section 36, North 00027'49" East, 900.72 feet to the Northerly boundary thereof; thence along said boundary, South 89009'38" East, 29.00 feet to the Center y.; comer of Section 36; thence along the Easterly boundary of the Southwest ~ of Section 36, South 00027'49" West, 900.53 feet to the POINT OF BEGINNING. Containing 0.600 acres (26,118 square feet), more or less. 2. The petition for the vacation of a 29-foot right-of-way along the alignment of Venable Lane, parallel to the newly platted right-of-way of Rhodes Avenue for Cedar Springs No.3, is hereby granted. 3. The City Clerk shall cause a copy of this order to be served upon the affected utility holders, and the petitioner, Public Works, Planning and Zoning Departments, and the City Attorney's office. 4. The City Clerk shall cause a certified copy of this order to be recorded with the Ada County Recorders office. 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 Findings of Fact and Conclusions of Law and Order of Vacation for Cedar Springs No.3 - V AC-03-005 PAGE 6 OF 8 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 9 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 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 2-/ day of ()C~ ,2003. ROLL CALL COUNCILMAN NARY VOTED~ VOTED-4L VOTED~ VOTED~ VOTED - COUNCILMAN BIRD COUNCILWOMAN deWEERD COUNCILWOMAN Mc CANDLESS MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: \0 -2l-03 Attest: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney ",,\\\11111//1/11111 . \'\'~l Of MEFip., 11//1 " ::'\' Vi "" ~.::::'" c} O?PO/ttjh~..z, '%;. ~ _,0 ~O ~ - ~ - I lp-~2,..tJ3 STATE OF IDAHO, ) : ss. County of Ada. ) (\J f1\ On this 1-7;. day of t ) C-~ , 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared-B;ODERT D~l3RR-IE and WILLIAM G. BERG, JR., known to me to be Jh~~~ Ci~etft~i~elY, ~h~City of Meridian, Idaho, and who executedtitJ ~tfhttftnstt6~ent, 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) "'_......00 ......oJ~L~*.. ~'lt';~' l' A h'~~ 11!1~/~ 0 - ~-A "'..rJ....'" llClj ( ""Y. .. 'Ili Q I , II III : : II ~ I , . II I , . 'I!I .. 1 III Co .. , q o..~~..~\<:~~.. .'i~1l:? OF ~.... <- ....m'S ~ho/)(()~u~ Notary Public for Idaho Commission Expires: t-f -- Zg -05 z:\ Work\M\Meridian\Melidian 15360M\Cedar Sprgs No_ 3 V AC.03-005\FfCIOrdVac29FootRightofWay.doc Findings of Fact and Conclusions of Law and Order of Vacation for Cedar Springs No.3 - V AC-03-005 PAGE 8 OF 8 October 17,2003 CUP 03-038 MERIDIAN CITY COUNCIL MEETING APPLICANT Troy Palmer October 21 , 2003 ITEM NO. 3~t: REQUEST FIndings: Request for a ConditIonal Use Permit for a tri-plex in an R-15 zone for Troy Palmer Tri-Plex by Troy Palmer - 1236 East 2 1/2 Street: 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: SANlT ARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGA nON: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached FindIngs (Ov-e ~L\A) (\ {LVVVlA Date: !O~' }<1'0:; Phone: '2S~-'L'L::;-h~~J \/ resented at public meetings shall become property of the City of Meridian. interoffice MEMORANDUM To: William G. Berg, Jr. RECEIVED OCT 0 9 2003 From: William F. Nichols City OfMeridiE"u1. City Clerk Office Subject: BY: TROY PALMER FOR CONDITIONAL USE PERMIT FOR TROY PALMER TRI-PLEX IN AN R-15 ZONE File No.: CUP-03-038 Date: September 22, 2003 Will: Please find attached the original FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS and ORDER for the above matter. Please place this matter upon the Consent Agenda for Council discussion and decision. If you should have any questions please give me a call. Z:\ Work\M\MeridianWeridian [5360MlTroy Palmer Tri-Plex CUP-03-038\ClkLlrCUPffcls&Order 10 09 03.do:; BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FORA TRI-PLEX IN AN R-15 ZONE, LOCATED AT 1236 EAST 2 Yz STREET, MERIDIAN, IDAHO TROY PALMER, APPLICANT C/C 10/07/03 ) ) ) ) ) ) ) ) ) ) Case No. CUP-03-038 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having corne before the City Council on October 7,2003 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 Troy Palmer, 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 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 October 7, 2003, before the City Council, the first publication appearing and written notice having been mailed to property FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 17 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 October 7,2003, 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 R-15 zone and by reason ofthe provisions ofthe Meridian City Code ~ 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at 1236 East 2 Yz Street, Meridian, Idaho, and the parcel is in the city. 5. The owner of record of the subject property is Troy Palmer, 655 E. King Street, Meridian, Idaho 83642. 6. Applicant is Troy Palmer, PPN, LLC, 655 E. King Street, Meridian, Idaho 83642. 7. The subject property is currently zoned R-15 (Medium High Density Residential). The zoning district ofR-15 is defined within the City of Meridian Zoning and Development FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 17 Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit to convert an existing single-family home into a multi-family residence (Apartment House) in an R-15 zone. Within the context of the zoning ordinance, a tri-plex is considered an apartment house. The site lies within the R-15 zone, and apartment houses are a conditional use in the R-15 zone. In addition to converting the existing home into an apartment house, the site will be re-developed to include a new driveway off 2 'l'2 Street and additional off-street parking. The applicant has submitted a preliminary/final plat application to subdivide the site into 2-buildable lots. (A separate staff report will be prepared for the PFP application.). The R-15 zoning designation within the City of Meridian Zoning and Development Ordinance requires a Conditional Use Permit for Apartment Houses (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 High Density Residential. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 17 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. The applicant has submitted a revised site/landscape plan showing the proposed alternative compliance, including a fence along the north property line, for the required site landscaping. B. Adopt the Reconunendations ofthe Planning and Zoning and Engineering staff as follows: SITE SPECIFIC CONDITIONS OF APPROVAL 1. Existing landscaping shall be protected and retained. A detailed landscape plan will be required when applying for a Certificate of Zoning Compliance. The landscape plan shall include mitigation measures for any trees that are removed. All trees installed within this development shall be a minimum of two-inch (2") caliper in size. 2. Parking stalls and drive aisles shall be provided in accordance with Meridian City Code, unless a variance is approved by the City Council. 3. All parking and areas of circulation (including a minimum 5- foot back-up area for the northeastern most parking stalls) shall be improved with a hard surface in accordance with Meridian City Code 11-13-4.D. STANDARD CONDITIONS OF APPROVAL 1. Down-shield or otherwise alter all exterior lighting, whether attached to the building or located within the parking area, so that the light does not spill over onto adjacent properties or rights-of-way. All parking lot lighting shall be in accordance with Ordinance 11-14-4.C. 2. 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. Temporary or portable signs shall be prohibited, and will be removed upon three (3) days notice to the applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 17 3. All building and site improvement construction shall conform to the requirements of the Americans with Disabilities Act. 4. Submit a drainage plan designed by a State ofIdaho licensed architect or engineer to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Stormwater 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. 5. Trash: The trash enclosure(s) shall be enclosed on at least three (3) sides by a solid wall or sight-obscuring fence at least four (4) feet in height in accordance with Ordinance 11- 12-Ie. 6. A Certificate of Zoning Compliance shall be obtained prior to applying for a building permit. 7. A building permit shall be obtained prior to the start of construction. 8. 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 11 0% of the cost of the required improvements (including paving, striping, landscaping, and inigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 9. This conditional use permit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new conditional use permit must be obtained prior to the start of development. 10. As part of a conditional use permit, the City of Meridian may impose additional restricti ons/ conditions. e. Adopt the Recommendations ofthe Meridian Fire Department as follows: 1. That a fire-flow of 1,500 gallons per minute be available to service the project with a fire hydrant within 250' of the parking stall for given unit. 1994 UFC Table III A & B 2. Premises Identification. All numbers or addresses shall be 6" high and placed on the front ofthe building in such a manner to be clearly visible from the street. The numbers shall contrast with their background. UFC 901.4.4 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 17 3. All downstairs units shall be identified with the first digit in the unit identifier of 1 and all upstairs units shall be identified with the first digit in the unit identifier of2. UFC 901.4.4 D. Adopt the Recommendations of the Water Department as follows: 1. There is an existing 5/8 x %" meter that may need upgraded to supply enough water to each unit. E. Adopt the Recommendations of the Ada County Highway District as follows: 1. If the site plan or use should change in the future, ACHD will review the site plan and may require improvements to the transportation system at that time. F. Adopt the action of the City Council taken at their October 7,2003 meeting as follows: 1. For clarification on the fence issue, the buffer fence on the north boundary, if it is a solid "closed vision" fence, shall not exceed three feet in height within the front setback area. This will eliminate obstruction of vision while backing out of the driveway. 2. Pertaining to the alternative compliance, the applicant still needs to pay the additional fee which is associated with the alternative compliance application/review. 13. The applicant has proposed a new IS-foot wide driveway that will access parking on the west (2 spaces) and north (4 spaces) of the existing home. The two proposed parking stalls nearest 2 Yi Street (west) are 9' x 19'. Two of the parking stalls on the north side of the site are proposed within the existing garage (garage is 21' x 20') with 24' of back of space. The remaining two unsheltered stalls are 9' x 20' with a 15' wide drive aisle. Meridian City Code (MCC) requires a 25' wide drive aisle and parking stall dimensions of9' x 19', It is found that the subject site is large enough to accommodate the required yards, parking and other required features required by the Zoning Ordinance, with the exception of the drive aisle width and landscaping along the south property line. The applicant has submitted a revised site/landscape plan showing the proposed alternative compliance, including a fence along the north FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 17 property line, for the required site landscaping. (NOTE: Due to the proximity of the existing structures to 2 Yz Street, the Fire Department does not need to use the proposed 15' wide drive isle to service this site, they can use 2 Yz Street. However, if additional structures are placed further east of2 Yz Street on the site the applicant will need to satisfy the Fire Department's requirements for serviceability. ) 14. It is found that the proposed apartment house is hannonious with the current Comprehensive Plan Land Use Map (2002) which designates the property as "High Density Residential". It is also found that the development plan is, or can be made to be, in compliance with the requirements of the Zoning Ordinance and the adopted Comprehensive Plan, if the applicant complies with the subsequent Site-Specific and General Requirements. (See Comprehensive Plan Analysis for more detailed analysis.) 15. It is found that the proposed apartment house will be compatible with other uses in the neighborhood and with the intended character of the general vicinity, with is esstentiaIIy a mix of residential and commercial uses. 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 have an adverse affect on other property in the vicinity if designed, constructed, operated and maintained in accordance with the Site-Specific conditions of approval and city ordinances. 17. It is found that the subject site has adequate access to Fairview Avenue and Main Street via local streets in the area. The City of Meridian Fire and Police Departments currently monitor, service and protect the subject neighborhood. Sanitary Services, Inc. currently provides refuse service to the site and surrounding properties. The site currently is serviced by city water FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 17 and sewer. It is found that the proposed development is currently adequately served by the essential public facilities and services. 18. Because this is an infill site, and due to the fact that public facilities are provided to the site and the surrounding vicinity currently, it is found that the proposed use will not be detrimental to the economic welfare of the community, nor will it create the need for any new facilities or services to be paid for by the public. 19. The proposed use is consistent with the existing residential use on the site. It is not anticipated that the proposed, denser use, will be detrimental to the general welfare of the community by means of producing excessive traffic, noise, smoke, fumes, glare or odors generated by the proposed residential use. 20. The applicant is proposing to construct a new 15' wide driveway off East 212 Street, located near the site's north property line. It is found that the proposed use and associated approach will not create significant interference with any traffic on the surrounding public streets. 21. It is not found that any natural, scenic or historic features will be lost, damaged or destroyed by issuance of this conditional use. Further, the applicant is not proposing to demolish any structures or modify any ofthe natural built environment with the submitted application. It is found that no site improvements associated with the conditional use application should damage natural, scenic or historic features in the area. 22. The City Council recognizes the concerns of Tom Stevens, an adjacent property owner, expressed at the Planning and Zoning public hearing on September 4, 2003 meeting. CONCLUSIONS OF LAW FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 17 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. ~67-6503). 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 ofa 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 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) 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, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE90F17 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 establislunent 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 oftraffic, 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 R-15 zone 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 ~ 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 ofthe 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, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 17 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 permit 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 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 17 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 to convert an existing single-family home into a multi-family residence (Apartment House) in an R-15 zone, located at 1236 East 2 Y2 Street, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Special Recommendations ofthe Planning and Zoning Commission as follows: 1. The applicant has submitted a revised site/landscape plan showing the proposed alternative compliance, including a fence along the north property line, for the required site landscaping. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC CONDITIONS OF APPROVAL I. Existing landscaping shall be protected and retained. A detailed landscape plan will be required when applying for a Certificate of Zoning Compliance. The landscape plan shall include mitigation measures for any trees that are removed. All trees installed within this development shall be a minimum oftwo-inch (2") caliper in size. 2. Parking stalls and drive aisles shall be provided in accordance with Meridian City Code, unless a variance is approved by the City CounciL 3. All parking and areas of circulation (including a minimum 5-foot back-up area for the northeastern most parking stalls) shall be improved with a hard surface in accordance with Meridian City Code ll-13-4.D. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 17 STANDARD CONDITIONS OF APPROVAL 1. Down-shield or otherwise alter all exterior lighting, whether attached to the building or located within the parking area, so that the light does not spill over onto adjacent properties or rights-of-way. All parking lot lighting shall be in accordance with Ordinance 11-14-4.C. 2. 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. Temporary or portable signs shall be prohibited, and will be removed upon three (3) days notice to the applicant. 3. All building and site improvement construction shall conform to the requirements of the Americans with Disabilities Act. 4. Submit a drainage plan designed by a State ofIdaho licensed architect or engineer to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Stormwater 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. 5. Trash: The trash enclosure(s) shall be enclosed on at least three (3) sides by a solid wall or sight-obscuring fence at least four (4) feet in height in accordance with Ordinance 11-12-1 C. 6. A Certificate of Zoning Compliance shall be obtained prior to applying for a building permit. 7. A building permit shall be obtained prior to the start of construction. 8. 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 11 0% of the cost of the required improvements (induding paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 9. This conditional use permit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new conditional use permit must be obtained prior to the start of development. 10. As part of a conditional use permit, the City of Meridian may impose additional restrictions/ condi ti ons. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF17 C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow of 1,500 gallons per minute be available to service the project with a fire hydrant within 250' of the parking stall for given unit. 1994 UFC Table III A & B 2. Premises Identification. All numbers or addresses shall be 6" high and placed on the front ofthe building in such a manner to be clearly visible from the street. The numbers shall contrast with their background. UFC 901.4.4 3. All downstairs units shall be identified with the first digit in the unit identifier of 1 and all upstairs units shall be identified with the first digit in the unit identifier of2. UFC 901.4.4 D. Adopt the Recommendations ofthe Water Department as follows: 1. There is an existing 5/8 x W' meter that may need upgraded to supply enough water to each unit. E. Adopt the Recommendations ofthe Ada County Highway District as follows: 1. If the site plan or use should change in the future, ACHD will review the site plan and may require improvements to the transportation system at that time. F. Adopt the action of the City Council taken at their October 7,2003 meeting as follows: 1. For clarification on the fence issue, the buffer fence on the north boundary, if it is a solid "closed vision" fence, shall not exceed three feet in height within the front setback area. This will eliminate obstruction of vision while backing out of the driveway. 2. Pertaining to the alternative compliance, the applicant still needs to pay the additional fee which is associated with the alternative compliance application/review. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 17 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 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 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. 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.) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERl\fiT PAGE 15 OF 17 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 S 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 ofthis 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 Z-I day of ODWW ,2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED~ VOTEDf COUNCILWOMAN TAMMY deWEERD COUNCIL WOMAN CHERIE Mc CANDLESS VOTED+ VOTED-$- COUNCILMAN WILLIAM L.M. NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: VOTED - FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 17 MOTION: APPROVED: ;: DISAPPROVED: ,\\\\\1111111111//// ~'_A_~ """ Of M% """ ~ ~ Attest. " ",--{ ~L.9 /. . " ~... ~1A_ '~- _I _ I .'\An . f 0 -5!-c,of':?O!iq~ '1' %1 Ltrn41'1j o..e. vUlfi..rd A~p !' SEAL <0 ~+j WlA/Vu'':( ?(e~t ?'u & g ~-<>~ ,,0 0 ~ ~..,o Us, 1si . ~.? ........ ;,.; ~ " ......../ a ~ ", Copy served upon Applicant, Plannint~ttd/~~~J~\~ariment, Public Works Department and the City Attorney. ",,\\\~hMII~/I//111 ,........'..J Of ~fTll'> lIt' ", :'\' <..14 /~ ,:::" c} o?POR.4,. ~ ~ :::- _,-0 ~ -::. ~ ~ v ~ ~~ SEAL Da ed: ~/t7 -2 '2- -- tJ 3 .~ \7. & g - &..-. q; ~ >. -1' '\.,,"'u "0 " :.. ~<) ~ 'Sr lS\ . ~ $" /, .oK} ^~ " '<< CoUNT'< ' ~....,........" /1 f f! III Hi H I \I' \ \ \ Z:\ Work\M\Mcridian\Mcridian I 5360MlTroy Palmer Tri.Plex CUP-03-038\FfCls CUP-D3-038.doo FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT 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 TRI-PLEX IN AN R-15 ZONE, LOCATED AT 1236 EAST 2 % STREET, MERIDIAN, IDAHO TROY PALMER, APPLICANT C/C 10/07/03 ) ) ) ) ) ) ) ) ) ) Case No. CUP-03-038 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter corning before the City Council on October 7,2003, under the provisions of Meridian City Code S 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation ofthe Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit to convert an existing single-family home into a multi-family residence (Apartment House) in an R-15 zone located at 1236 East 2 Y2 Street, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. The applicant has submitted a revised site/landscape plan showing the proposed alternative compliance, including a fence along the north property line, for the required site landscaping. ORDER CONDITIONAL USE PERMIT (CUP-03-038) PAGE 1 OF6 B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC CONDITIONS OF APPROVAL 1. Existing landscaping shall be protected and retained. A detailed landscape plan will be required when applying for a Certificate of Zoning Compliance. The landscape plan shall include mitigation measures for any trees that are removed. All trees installed within this development shall be a minimum of two-inch (2") caliper in size. 2. Parking stalls and drive aisles shall be provided in accordance with Meridian City Code, unless a variance is approved by the City Council. 3. All parking and areas of circulation (including a minimum 5-foot back-up area for the northeastern most parking stalls) shall be improved with a hard surface in accordance with Meridian City Code l1-13-4.D. STANDARD CONDITIONS OF APPROVAL I. Down-shield or otherwise alter all exterior lighting, whether attached to the building or located within the parking area, so that the light does not spill over onto adjacent properties or rights-of-way. All parking lot lighting shall be in accordance with Ordinance 11-14-4.C. 2. 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. Temporary or portable signs shall be prohibited, and will be removed upon three (3) days notice to the applicant. 3. All building and site improvement construction shall conform to the requirements of the Americans with Disabilities Act. 4. Submit a drainage plan designed by a State ofIdaho licensed architect or engineer to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Stormwater 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. ORDER CONDITIONAL USE PERMIT (CUP-03-038) PAGE20F6 5. Trash: The trash enclosure(s) shall be enclosed on at least three (3) sides by a solid wall or sight-obscuring fence at least four (4) feet in height in accordance with Ordinance 11- 12-1 C. 6. A Certificate of Zoning Compliance shall be obtained prior to applying for a buiLding permit. 7. A building permit shall be obtained prior to the start of construction. 8. 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. Any temporary occupancy will not exceed 60 days to complete the required improvements. 9. This conditional use permit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new conditional use permit must be obtained prior to the start of development. 10. As part of a conditional use permit, the City of Meridian may impose additional restri ctions/ conditions. C. Adopt the Recommendations ofthe Meridian Fire Department as follows: 1. That a fire-flow of 1,500 gallons per minute be available to service the project with a fire hydrant within 250' of the parking stall for given unit. 1994 UFC Table III A & B 2. Premises Identification. All numbers or addresses shall be 6" high and placed on the front of the building in such a manner to be clearly visible from the street. The numbers shall contrast with their background. UFC 901.4.4 3. All downstairs units shall be identified with the first digit in the unit identifier of I and all upstairs units shall be identified with the first digit in the unit identifier of2. UFC 901.4.4 D. Adopt the Recommendations of the Water Department as follows: 1. There is an existing 5/8 x },t" meter that may need upgraded to supply enough water to each unit. ORDER CONDITIONAL USE PERMIT (CUP-03-038) PAGE30F6 E. Adopt the Recommendations of the Ada County Highway District as follows: 1. If the site plan or use should change in the future, ACHD will review the site plan and may require improvements to the transportation system at that time. F. Adopt the action of the City Council taken at their October 7,2003 meeting as follows: 1. For clarification on the fence issue, the buffer fence on the north boundary, if it is a solid "closed vision" fence, shall not exceed three feet in height within the front setback area. This will eliminate obstruction of vision while backing out of the driveway. 2. Pertaining to the alternative compliance, the applicant still needs to pay the additional fee which is associated with the alternative compliance application/review. 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 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 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 ORDER CONDITIONAL USE PERMIT (CUP-03-038) PAGE40F6 completion date for the project. Ifthe 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 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 ofthe City of Meridian, pursuant to Idaho Code ~ 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- ORDER CONDITIONAL USE PERMIT (CUP-03-038) PAGE50F6 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 ofthe City Council at its regular meeting held on the 2.1 day of Oc+Obuu , 2003. ByJ~~~/!J City Clerk p~~an \\\~~iI?1. ~ O~ w.eerd \\\ f"~/1 \\' Of ~f?1^ III . t' "",,~-{ · :~~ :Y-tiJ!V1.-cZ( ?rey{'ok-rt, $0 o~ ~~ ~ _,,0 '1'0 ::.. g ~ v ~ = = SEAL _ -p ~ g -- ~ "~D ~ ~"Po Usr 15\ ' X" ~ .0;...;.. ~ . ^~ .,," 1'// f"\.,." .r.....-J ~ \" 1/1 -UVN' \. ,\\ . . 11'111111 tU~'\\\ . Copy served upon Apphcant, the Planmng anu'~l)mng Department, PublIc Works Department and City Attorney. \\\\\11111111/11, ,\' f M 'II ,\.\\\. 'l 0 .EFitO II/I'I' .......'\ r':;" 0 ~A ,/~... ..::- v o'?P i1"1)'; 'V ~ ..::- ~p <$'/\ ~ ~ ~ v ~ Dated: / () - 22 - 03 - C"fGl A L ~ WI..1l':U-ll.' -v no.::: '<;' .sS'::: - bu "lb' 0 ::: -";" '0 '8, lS\ ' ~ $" > ':"J ^~ " "--:'/( OOV~ n""'l ~ "....,.... "f// iN D , · \,\,'\ /1111111 mn\\' Attest: Z:\Work\M\Meridian\Melidian 15360MlTroy Palmer Tri-Plex CUP-03-038\OrderCUP.doc ORDER CONDITIONAL USE PERMIT (CUP-03-038) PAGE 6 OF 6 October 1 7, 2003 CUP 03-040 MERIDIAN CITY COUNCIL MEETING APPLICANT Hummel Architects, P.A. October 21, 2003 3-( ITEM NO. REQUEST Findings: Request for a Conditional Use Permit for Planned Development for shell and core for multi-floor medical office buildings in an L-O zone for Meadow Lake Village Medical Office by Hummel Architects, P.A. - east of North Eagle Road and south of East Franklin 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 Findings ~~ 4~ r Contacted:"-... Date/Cr(NJl; Phone: 313 - 75<23 y"\ {lNW~~3~m;~~~~:L::;.::::o' M.~ ID ~;2(J -03 interoffice MEMORANDUM To: William G. Berg, Jr. RECEIVED OCT 1 0 2003 From: William F. Nichols City Of IVIericlian City Clerk Office Subject: BY: HUMMEL ARCHITECTS FOR CONDITIONAL USE PERMIT FOR MULTI-STORY MEDICAL OFFICE BUILDING IN AN L-O ZONE File No.: CUP-03-040 Date: October 10, 2003 Will: Please find attached the original FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS and ORDER for the above matter. Please place this matter upon the Consent Agenda for Council discussion and decision. If you should have any questions please give me a call. Z:\Wol'k\M\Meridian\Meridian 15360MlMeadow Lake Village Medical Office CUP-03-040\ClkLtR::UPffcJs&Order 10 10 03.do;; BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN CIC 10/07/03 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A MUL TI- ) STORY MEDICAL OFFICE ) BUILDING IN AN L-O ZONE, ) LOCATED ON THE WEST EDGE ) OF MEADOW LAKE VILLAGE, ) SOUTH OF FRANKLIN ROAD, ) APPROXIMA TEL Y 1/3 MILE EAST ) OF EAGLE ROAD, NEAR ST. ) LUKE'S HOSPITAL AND ) MONTVUE SUBDIVISION, ) MERIDIAN, IDAHO ) ) HUMMEL ARCHITECTS, ) APPLICANT ) ) Case No. CUP-03-040 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 October 7,2003 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 Jason Butler, 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- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 18 wit: 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 October 7,2003) 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 October 7,2003, 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 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 L-Q zone and by reason of the 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 on the west edge of Meadow Lake Village, south of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 18 Franklin Road, approximately 1/3 mile east of Eagle Road, near St. Luke's Hospital and Montvue Subdivision, Meridian, Idaho, and the parcel is in the city. 5. The owner of record ofthe subject property is Touchmark ofthe Treasure Valley, LLC, and they have given their consent for the applicant to submit the requested conditional use permit. 6. Applicant is Hummel Architects. 7. The subject property is currently zoned L-O (Limited Office). The zoning district ofL~O is defined within the City of Meridian Zoning and Development Ordinance, Section 11~7- 2. 8. The proposed application requests a conditional use permit/planned development for a multi-story medical office building in an L-O zone. The existing conceptual planned development for the property requires a detailed Conditional Use approval for each phase of the project. 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as Mixed Use Community. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 18 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 ofthe 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 PlmUling and Zoning and Engineering staff as follows: 1. The maximum building height for this project shall be eighty-five (85') feet tall. 2. The row of parking stalls adjacent to the pedestrian walkway is approved with 9x17 stalls. All other parking stalls shall be at least 9x19 as depicted on the approved site plan and in confonnance with Ordinance 11-13-4. 3. Applicant shall submit a copy of a recorded cross-access agreement with St. Luke's when applying for a Certificate of Zoning Compliance. The proposed project shall also provide for cross access from the medical office site to adjacent properties within Meadow Lake Village. 4. This conditional use permit shall be subject to the expiration provisionss set forth in MCC 11-l7-4.B. 5. Applicant must comply with the conditions of the annexation, plat, planned development, and development agreement for Touchmark Living Centers. 6. The applicant has submitted a revised Landscape Plan dated September 4,2003, which is approved. 7. 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. 8. 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 requirements of the Planned Sign Program approved for Meadow Lake Village on 11127/02 and as submitted with the application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 18 9. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 10. 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 Enviromnental 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. 11. 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. 12. Sanitary sewer and water service shall be via existing service lines in Meadow Lake Village. Applicant shall coordinate size and routing with the Public Works Department. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow as required by the Uniform Fire Code shall be 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. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 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. 5. All radii shall be 28' inside and 48' outside radius. 6. The fire lanes shall be 26' wide into the project and around the building. The fire lanes shall be located no less than 15' and no greater than 30' from the building. UFC 902.2.1 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 18 7. No vertical obstructions or mature landscaping which obstructions the outlets of the fire hydrant within 10'. 8. All building uses and processes to comply with the International Fire Code. 9. A vertical clearance of 13' 6" shall be maintained over fire lanes, this may affect mature trees. 10. Provide 5 fire hydrants for the project. C. Adopt the Recommendations ofthe Nampa & Meridian Irrigation District as follows: 1. The District requires a Land Use Change Application be filed for review prior to final platting. All laterals and wasteways must be protected. All municipal surface drainage must be retained on site. 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. 3. lfthe developer is planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, then the applicant shall contact the District concerning the installation of the pressure system. Fill out and return a questionnaire to initiate the process of contractual agreements between the owner or developer and the District for the ownership, operation and maintenance ofthe pressure urban irrigation system. D. Adopt the Recommendations of the Sanitary Services Company as follows: 1. The applicant will be providing two 8 yard trash dumpsters to be picked up Monday through Friday, and the applicant shall allow for a 22' clearance inside of the gate posts. E. Adopt the Recommendations ofthe Ada County Highway District as follows: 1. On April 8, 2003 the Ada County Highway District Commissioners acted on MCUP03- 005/Meadow Lake Village Subdivision. The conditions and requirements also apply to MCUP03-040. 13. The applicant has proposed a new 98,000 square foot medical office building shell and core in Meadow Lake Village (a.k.a. Touchmark Living Centers). When Touchmark was approved in 2000, it was approved as a Conceputal Planned Development with a mix of office, retail, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 18 single-family residential, and multi-family residential uses. All future commercial uses are required to go through a detailed conditional use process for approval. The project site is 5.96 acres and sits on portions of Lots 4 and 5~ Block 1 ofTouchmark Living Center Subdivision, and closely matches the approved conceptual site plan recently approved through CUP-03-005. If approved~ this would be the first commercial/office building constructed in the Meadow Lake Village project. To date, all construction has been residential and supporting amenities, such as the golf course. The proposed building includes 5 stories of habitable office space, a penthouse for mechanical equipment, and a small basement for utility services. The project was submitted as a planned development to request approval to exceed the maximum building height in the L-O zone. The proposed maximum height is 85 feet, which also corresponds to the maximum height allowed by the International Building Code for the type of construction proposed. The maximum building height for the L-O zone is 35 feet. It is found that the subject property is large enough to accommodate the requested use and all other required features. Of the 98,000 total square feet ofthe structure, 77,000 square feet is intended for examination, treating room, office, and waiting room areas. At one parking space per 200 square feet, 385 parking spaces would be required; the site plan proposes 400 spaces-7 of which are handicap accessible and 1 van accessible space. Thus, they exceed the minimum by 15 spaces. All landscape buffers and internal landscape islands meet or exceed ordinance requirements. 14. The current Comprehensive Plan Land Use Map designates the property as "Mixed Use Community." It is found that the proposed medical office uses are harmonious with and in accordance with the Comprehensive Plan. The overall project was approved as a conditional use for a planned development in order to allow reduced setbacks and multiple buildings on a single lot. The FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 18 current proposal is also a planned development to allow for the proposed building to exceed height limits. If the project is approved as a Planned Development, it will meet the minimum requirements of the MCC. This proposal is in compliance with the mixed use policies in Chapter 7 (pp. 97-98). The purpose ofthe mixed use designation in the Comprehensive Plan "is to identify key areas which are either infill in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities are encouraged. The intent of this designation is to offer the developer a greater degree of design and use flexibility." The flexibility requested through the PD application is in harmony with the intent of the Comprehensive Plan designation. 15. It is found that the proposed medical clinic will not adversely change the existing (mixed use) or intended (mixed use) character of the general vicinity. The existing surrounding uses include St. Luke's Hospital to the south and Montvue Subdivision to the west. Moritvue Subdivision is intended to go commercial in the future upon annexation and recently had one lot annexed and zoned L-Q for a medical office building. Other commercial/office areas of the Meadow Lake Village project surround the subject site on the north and east. 16. It is not anticipated that the proposed use as a medical office building will adversely affect adjacent properties due to the similar uses on the St. Luke's site to the south and the recent approval of a medical office building in Montvue Subdivision. 17. It is found that the proposed development can be adequately served by the essential public facilities and services. City water & sewer services have been constructed within the Meadow Lake Village project and are stubbed to this lot. A trash enclosure has been provided on-site for refuse disposal. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 18 18. It is found that the proposed medical office use will 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. All required improvements, including landscaping, paving, parking, installation of services and roads, etc. will be paid for by the developer. The primary public costs to serve the project will be for fire and police services. 19. It is found that no excessive traffic, smoke, fumes, glare or odors should result from the proposed medical office use. ACHD approved the project on April 8,2003 at staff level. It did not require ACHD Commission action due to the fact that the Commission has approved the conceptual plan and the vehicle trips that are anticipated to be generated by this development. 20. It is found that the proposed use will not create significant interference with any traffic on the surrounding public streets. Refer to ACHD comments for additional detail on this finding. As noted above, ACHD approved the project on April 8, 2003. 21. It is not found that any natural or scenic feature will be lost, damaged or destroyed by issuance ofthis conditional use. Existing trees greater than 4" caliper must be retained or mitigated for, if removed. 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. ~67-6503). 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 18 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 ofa 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 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) 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 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 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 18 general welfare by reason of excessive production oftraffic, 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 L-Q zone 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 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 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 18 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 ofthe 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 multi- story medical office building in an L-O zone, located on the west edge of Meadow Lake Village, south of Franklin Road, approximately 1/3 mile east of Eagle Road, near St. Luke's Hospital and Montvue Subdivision, 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 18 1. The maximum building height for this project shall be eighty-five (85') feet tall. 2. The row of parking stalls adjacent to the pedestrian walkway is approved with 9x 17 stalls. All other parking stalls shall be at least 9x 19 as depicted on the approved site plan and in conformance with Ordinance 11-13-4. 3. Applicant shall submit a copy of a recorded cross-access agreement with St. Luke's when applying for a Certificate of Zoning Compliance. The proposed project shall also provide for cross access from the medical office site to adjacent properties within Meadow Lake Village. 4. This conditional use permit shall be subject to the expiration provisionss set forth in MCC 11-17-4.B. 5. Applicant must comply with the conditions of the annexation, plat, planned development, and development agreement for Touchmark Living Centers. 6. The applicant has submitted a revised Landscape Plan dated September 4, 2003, which is approved. 7. 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. 8. 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 requirements of the Planned Sign Program approved for Meadow Lake Village on 11/27/02 and as submitted with the application. 9. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 10. A drainage plan designed 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. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 18 11. Certificate cof 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 0 f a I etter of credi t or cash in the amount of 110% ofthe cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 12. Sanitary sewer and water service shall be via existing service lines in Meadow Lake Village. Applicant shall coordinate size and routing with the Public Works Department. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow as required by the Uniform Fire Code shall be 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. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 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. 5. All radii shall be 28' inside and 48' outside radius. 6. The fire lanes shall be 26' wide into the project and around the building. The fire lanes shall be located no less than 15' and no greater than 30' from the building. UFC 902.2.1 7. No vertical obstructions or mature landscaping which obstructions the outlets of the fire hydrant within 10'. 8. All building uses and processes to comply with the futemational Fire Code. 9. A vertical clearance of 13' 6" shall be maintained over fire lanes, this may affect mature trees. 10. Provide 5 fire hydrants for the project. C. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. The District requires a Land Use Change App Ii cation be filed for review prior to final FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 18 platting. All laterals and wasteways must be protected. All municipal surface drainage must be retained on site: If any surface drainage leaves the site, the N ampa & Meridian Irrigation District must review drainage plans. 2. The developer must comply with Idaho Code 31-3805. 3. If the developer is plalU1ing a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, then the applicant shall contact the District concerning the installation of the pressure system. Fill out and return a questiolU1aire to initiate the process of contractual agreements between the owner or developer and the District for the ownership, operation and maintenance of the pressure urban inigation system. D. Adopt the Recommendations of the Sanitary Services Company as follows: 1. The applicant will be providing two 8 yard trash dumpsters to be picked up Monday through Friday, and the applicant shall allow for a 22' clearance inside of the gate posts. E. Adopt the Recommendations of the Ada County Highway District as follows: 1. On April 8, 2003 the Ada County Highway District Commissioners acted on MCUP03-005/Meadow Lake Village Subdivision. The conditions and requirements also apply to MCUP03-040. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code 9 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 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 PlalU1ing and Zoning Department, the Public Works Department and any affected party requesting notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 18 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 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 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 REGULA TORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 18 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 S 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. By action of the City Council at its regular meeting held on the 2-( day of OrA:-vVxlt ,2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED -fA VOTED~ VOTED~ COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc CANDLESS COUNCILMAN WILLIAM L.M. NARY VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: VOTED ~ MOTION: APPROVED: X DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 18 Department and the City Attorney. Attest: By:JI.~-6-~/~ City Clerk Dated: z:\ Work\M\Meridian\Meridian 15360MlMeadow Lake Village Medical Office CUP-03-040\FlCls CUP-D3-040.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERl\fiT PAGE 18 OF 18 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 10/07/03 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A MUL TI- ) STORY MEDICAL OFFICE ) BUILDING IN AN L-O ZONE, ) LOCATED ON THE WEST EDGE ) OF MEADOW LAKE VILLAGE, ) SOUTH OF FRANKLIN ROAD, ) APPROXIMA TEL Y 1/3 MILE EAST ) OF EAGLE ROAD, NEAR ST. ) LUKE'S HOSPTIAL AND ) MONTVUE SUBDIVISION, ) MERIDIAN, IDAHO ) ) HUMMEL ARCHITECTS, ) APPLICANT ) ) Case No. CUP-03-040 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on October 7, 2003, under the provisions of Meridian City Code g 11-17-4 for final action on conditional use pennit application and the Council having received and approving the Recommendation of the Plmming and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a multi- story medical office building in an L-Q zone located on the west edge of Meadow Lake Village, south of Franklin Road, approximately 1/3 mile east of Eagle Road, near S1. Luke's Hospital and Montvue Subdivision, Meridian, Idaho, subject to the following conditions of use and ORDER CONDITIONAL USE PERMIT (CUP-03-040) PAGE 1 OF7 development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. The maximum building height for this project shall be eighty-five (85') feet tall. 2. The row of parking stalls adjacent to the pedestrian walkway is approved with 9x17 stalls. All other parking stalls shall be at least 9x 19 as depicted on the approved site plan and in conformance with Ordinance 11-13-4. 3. Applicant shall submit a copy of a recorded cross-access agreement with St. Luke's when applying for a Certificate of Zoning Compliance. The proposed project shall also provide for cross access from the medical office site to adjacent properties within Meadow Lake Village. 4. This conditional use permit shall be subject to the expiration provisionss set forth in MCC 11-17-4.B. 5. Applicant must comply with the conditions of the alUlexation, plat, planned development, and development agreement for Touchmark Living Centers. 6. The applicant has submitted a revised Landscape Plan dated September 4,2003, which is approved. 7. 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. 8. 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 requirements of the Planned Sign Program approved for Meadow Lake Village on 11/27/02 and as submitted with the application. 9. All construction and site improvements shall conform to the requirements ofthe Americans with Disabilities Act and the adopted building and fire codes. 10. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Grd. 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 ORDER CONDITIONAL USE PERMIT (CUP-03-040) PAGE 2 OF7 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. 11. 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. 12. Sanitary sewer and water service shall be via existing service lines in Meadow Lake Village. Applicant shall coordinate size and routing with the Public Works Department. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow as required by the Uniform Fire Code shall be 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. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval ofthe fire hydrant locations shall be by the Meridian Fire Department. 5. All radii shall be 28' inside and 48' outside radius. 6. The fire lanes shall be 26' wide into the project and around the building. The fire lanes shall be located no less than 15' and no greater than 30' from the building. UFC 902.2.1 7. No vertical obstructions or mature landscaping which obstructions the outlets of the fire hydrant within 10'. 8. All building uses and processes to comply with the International Fire Code. 9. A vertical clearance of 13' 6" shall be maintained over fire lanes, this may affect mature trees. ORDER CONDITIONAL USE PERMIT (CUP-03-040) PAGE 3 OF7 10. Provide 5 fire hydrants for the project. C. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. The District requires a Land Use Change Application be filed for review prior to final platting. All laterals and wasteways must be protected. All municipal surface drainage must be retained on site. 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. 3. If the developer is planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, then the applicant shall contact the District concerning the installation of the pressure system. Fill out and return a questionnaire to initiate the process of contractual agreements between the owner or developer and the District for the ownership, operation and maintenance of the pressure urban irrigation system. D. Adopt the Recommendations ofthe Sanitary Services Company as follows: 1. The applicant will be providing two 8 yard trash dumpsters to be picked up Monday through Friday, and the applicant shall allow for a 22' clearance inside of the gate posts. E. Adopt the Recommendations of the Ada County Highway District as follows: 1. On April 8, 2003 the Ada County Highway District Commissioners acted on MCUP03- 005/Meadow Lake Village Subdivision. The conditions and requirements also apply to MCUP03-040. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval ofthe 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 9 11-17-8, a copy of which is attached to this permit. ORDER CONDITIONAL USE PERMIT (CUP-03-040) PAGE40F7 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 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 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.) ORDER CONDITIONAL USE PERMIT (CUP-03-040) PAGES OF7 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 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 of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. 14 By action ofthe City Council at its regular meeting held on the 1-1 day of VCA>>bvv ,2003. Attest: JI~..6 PAGE60F7 ( \. Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By:d!~P~~ City Clerk Dated: It?..- 22 -t?3 - - - - Z:\Work\M\Meridian\Meridian 15360MlMeadow Lake Village Medical Office CUP-03-040\OrderCUP.doc ORDER CONDITIONAL USE PERMIT (CUP-03-040) PAGE70F7 October 17, 2003 AZ 03-017 MERIDIAN CITY COUNCIL MEETING APPLICANT Six Point Development, LLC October 21, 2003 3-C, ITEM NO. REQUEST Findings: Request for annexation and zoning of 6.00 acres from RUT to R-4 zones for proposed Parkway Subdivision by Six Development, LLC - 355 West Ustick Road: 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 Findings \~tf) }J'(L~(',l . DfO tS~ c1 G ~.00~' ~~~ 1\,N Ii il l' C tN Date: 10.../7" ~ 5 Phone: I I Materials presented at public meetings shall become property of the City of Meridian. . ! t/~ Contacted: WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. KEVIN E. DlNIUS JULIE KLEIN FISCHER WM. F. GIGRAY, In T. GUY HA~LAlIl. JJ~L HO~INI(A D.SAMUELJOHNSON WILLIAM A. MORROW WILLIAM F. NICHOLS' CHRISTOPHER S. NY!;; PHILIP A. PETERSON ERICA S. PHILLIPS ERIC S. ROSSMAN TODD A. ROSSMAN TERRENCER. WHITE'- NICHOLAS L. WOLLEN ArrORNEYSATLAw NAMPA OFFICE 5700 E. FRANKliN RD., SUITE 200 NAMPA, IDAHO 83653-8402 TEL. (208) 466-9272 FAX (208) 466-4405 . Also admitted in OR *" Also admitted in WA October 10, 2003 RE(]EIVED OCT 1 3 2003 C~ty Of Meridian CIty Clerk Office William G. Berg, Jr., City Clerk MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 Re: SIX POINT DEVELOPMENT. I ANNEXATION AND ZONING FINDINGS I AZ ORDINANCE & CERTIFICATION OF CLERK I SUMMARY ORDINANCE AND SUMMARY ORDINANCE COVER LETTER I AZ--03-017 Dear Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING prepared as fer instructions from the Council meeting of October 7,2003, and which are on an upcoming Counci agenda. Also, please find enclosed the above AZ Ordinance and the Certification of the Clerk for the annexation and zoning for the City of Meridian. After the Findings of Fact and Conclusions have been adopted, then please place this ordinance on the City Council agenda. This ordinance should not be passed until the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Rezone are adopted. Additionally, I have enclosed a Summary Ordinance and the cover letter, which Summary Ordinance will need to be presented to the Council at the same time the full annexation and zoning ordinance is presented to Council for approval. If you have any questions arise, please advise. Z:\Work\M\Meridian\Meridian 15360MIParkway Sub. AZ-03-D17 PP-D3-D22\FFCL and ORD and SUM ORD Clerk Ltr 10 10 03.do;; BEFORE THE MERIDIAN CITY COUNCIL ) ) ) ) ) ) ) ) ) ) ) ) ) The above entitled annexation and zoning application having come on for public hearing IN THE MATTER OF THE APPLICATION FOR ANNEXATION AND ZONING OF 6.00 ACRES FOR PROPOSED PARKWAY SUBDIVISION FROM RUT TO R-4, LOCATED AT 355 WEST UTSTICK ROAD, MERIDIAN, IDAHO SIX POINT DEVELOPMENT, APPLICANT C/C 10-10-03 CASE NO. AZ-03-017 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING on October 7, 2003, at the hour of7:00 p.m., and Anna Powell Planning Director for the Planning and Zoning Department, and Richard Cook, 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 9967-6509 and 67-6511, and Meridian City Code 99 11-15-5 and 11-16-1. 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, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKWAY SUBDNISION (AZ-03-0 17) PAGE 1 OF 17 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 6.00 acres in size and is located at 355 West Ustick Road, Meridian, Idaho, all within the Area ofImpact 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 Jo1m K. Barton and Leta Barton, and they have given their consent for the applicant to submit the applications for this project. The applicant is Six Point Development. 5. The property is presently zoned RUT (Ada County), and has one existing dwelling. 6. The Applicant requests the property be zoned as R-4 (Low Density Residential District). 7. The subject property is bordered to the north by L-O, to the south by R-4, to the east by RUT, and to the west by RUT. 8. The Applicant proposes to develop the subject property in the following manner: Fourteen building lot residential subdivision. 9. The Applicant requests zoning of the subject real property as R-4, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Low Density Residential. 10. There are no significant or scenic features of major importance that affect the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING PARKWAY SUBDIVISION (AZ-03-0 17) PAGE 2 OF 17 consideration of this application. 11. The City Council recognizes the concerns of Wendel Bigham from Joint School District No.2 in a letter dated July 9,2003, and letter of concern dated Aprill, 2003 from Wanda Palmer. 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 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, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. Applicant shall be responsible for the physical abandonment of existing wells and septic systems, as well as the connection of the existing home to city services. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow of 1,000 gallons per minute be available to service the entire project. Fire hydrants shall be placed an average of 500' apart. 1997 UFC Appendix III-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 4. All radii shall be 28' inside and 48' outside radius. C. Adopt the Ada County Highway District Recommendations as follows: A. Site Specific Conditions of Approval 1. The applicant shall do one of the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKWAY SUBDIVISION (AZ-03-017) PAGE 3 OF 17 a. Dedicate by donation an additional 23-feet of right-of-way along Ustick Road, and construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 41-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 Ustick 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 Ustick Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Reconstruct the existing 16-foot wide driveway that intersects Ustick Road approximately 200-feet east of the proposed entrance. Pave the driveway its full width and at least 30- feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. 3. Construct a public roadway, Northwest 3rd Street, to intersect Ustick Road approximately I5-feet east of the west property line, as proposed. 4. Construct the internal roadways as 36-foot street sections with curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way, as proposed. 5. Construct a stub street (Wrangler Street) to the west property line approximately 95-feet north of the south property line, as proposed. Install a sign at the terminus of the roadway stating that, IlTHIS ROAD WILL BE EXTENDED IN THE FUTUREI1. 6. Construct a knuckle without an island at the southeast corner of Wrangler Street and Northwest 3rd Street, as proposed. The design shall be reviewed and approved by ACHD's Development staff. 7. Construct a center island within the public right-of-way (Northwest 3rd Street), as proposed. Maintain a minimum of a 21-foot street section on either side of the island. The island shall be owned and maintained by the homeowners association. Notes of this are required on the final plat. 8. Other than the access points specifically approved with this application, direct lot access to Ustick Road is prohibited. 9. Comply with all Standard Conditions of Approval. FINDINGS OF FACT AND CONCLUSlONS OF LAW AND DEClSION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING PARKWAY SUBDNISION (AZ-03-0 17) PAGE 4 OF 17 B. 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 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING P ARKW A Y SUBDIVISION (AZ-03-017) PAGE 5 OF 17 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. D. Adopt the Recommendation ofNampa & Meridian Irrigation District as follows: 1. Nampa & Meridian Irrigation District has no facilities in this area. However, all storm drainage must be retained on site. If all storm drainage is retained on site there will be no impact on the District. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code 31-3805. 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. 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. F. Adopt the action ofthe City Council taken at their October 7, 2003 meeting as follows: 1. The revised Plat dated September 24, 2003 is approved. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONlNG PARKWAY SUBDIVISION (AZ-03-0 17) PAGE 6 OF 17 2. For clarification to Wendel Bighams's letter dated July 9, 2003, there was a mistake pertaining to this project that the developer would be donating land for an elementary school and a high schooL There is nothing intended for this particular development, and Mr. Bigham's letter pertained to another project. 13. It is found that the requested zoning designation, R-4, is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to be "Medium Density Residential". 14. It is not anticipated that the applicant intends to rezone the subject property in the future. 15. It is found that the proposed subdivision will be allowed within the requested R-4 zone. 16. The properties to the south of the subject property have recently changed from rural residential to single family residential. Other surrounding properties include rural residential properties and residential subdivisions. It is found that the requested zoning designation ofR-4 is harmonious with the existing and planned developments. 17. It is found that the proposed uses (detached single family residential) will not change the existing or intended residential character of the area. 18. It is not anticipated that the proposed uses will be hazardous or disturbing to future or existing neighboring uses. 19. It is found that the property to be annexed will be served adequately by all essential public facilities and services ifthe applicant can obtain an easement for sanitary sewer to the existing main southeast of the site. Applicant shall be required to extend water and sanitary sewer mains to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING P ARKW A Y SUBDNISION (AZ-03-0 17) PAGE 7 OF 17 and through the proposed development. Review of the Fire Department's comments concerning this subdivision will provide further information. 20. It is found that there will not be additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare, as the applicant will obtain an easement for sanitary sewer to the existing main southeast of the site. The applicant shall be required to extend water and sanitary sewer mains to and through the proposed development. 21. It is found that the proposed residential subdivision will not create excessive traffic, noise, noise or other nuisances that would be detrimental to the general welfare of the surrounding area. The proposed residential use is compatible with the surrounding area's residential and rural residential uses. 22. It is found that the subdivision's vehicular approach off ofW. Ustick will create new interference with the existing traffic on Ustick Road, however, it is not believed that the subdivision entrance will cause significant interference on the surrounding public streets. Review of ACHD's comments regarding the proposed subdivision do not find that the proposed subdivision will create a significant impact on the existing traffic on Ustick Road. 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. The subject property has a single family dwelling and is currently being used as pasture land. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. 24. It is found that the annexation of this property would be in the best interest of the City. FlNDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKWAY SUBDIVISION (AZ-03-017) PAGE 8 OF 17 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 almexation 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 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. 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 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING PARKWAY SUBDNISION (AZ-03-0] 7) PAGE 9 OF 17 "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 zoning of Low Density Residential (R-4) is defined in the Zoning Ordinance at ~ 11-7-2 C as follows: (R-4) Low Density Residential District: Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for planned residential development and public schools. The purpose of the R -4 District is to permit the establishment oflow density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nomesidential uses. The R-4 District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal water and sewer systems of the City. 5. 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). 6. 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. 7. 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. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKWAY SUBDIVISION (AZ-03-017) PAGE lOOF 17 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 6.00 acres to Low Density Residential (R-4) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 6.00 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 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, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. Applicant shall be responsible for the physical abandonment of existing wells and septic systems, as well as the connection of the existing home to city services. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow of 1,000 gallons per minute be available to service the entire project. Fire hydrants shall be placed an average of 500' apart. 1997 UFC Appendix III-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING P ARKW A Y SUBDIVISION (AZ-03-0 17) PAGE 11 OF 17 3. Acceptance of water supply for fIre protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 4. All radii shall be 28' inside and 48' outside radius. C. Adopt the Ada County Highway District Recommendations as follows: A. Site Specific Conditions of Approval 1. The applicant shall do one of the following: a. Dedicate by donation an additional 23-feet ofright-of-way along Ustick Road, and construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 41-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 Ustick Road, located a minimum of 4 I-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 Ustick Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Reconstruct the existing 16-foot wide driveway that intersects Ustick Road approximately 200-feet east of the proposed entrance. Pave the driveway its full width and at Least 30- feet into the site beyond the edge of pavement of the roadway and install pavement tapers with IS-foot radii abutting the existing roadway edge. 3. Construct a public roadway, Northwest 3rd Street, to intersect Ustick Road approximately IS-feet east of the west property line, as proposed. 4. Construct the internal roadways as 36-foot street sections with curb, gutter and 5-foot concrete sidewalk within 50-feet ofright-of-way, as proposed. 5. Construct a stub street (Wrangler Street) to the west property line approximately 95-feet north of the south property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 6. Construct a knuckle without an island at the southeast comer of Wrangler Street and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING P ARKW A Y SUBDIVISION (AZ-03-017) PAGE 12 OF 17 Northwest 3rd Street, as proposed. The design shall be reviewed and approved by ACHD1s Development staff. 7. Construct a center island within the public right-of-way (Northwest 3rd Street), as proposed. Maintain a minimum of a 21-foot street section on either side of the island. The island shall be owned and maintained by the homeowners association. Notes of this are required on the final plat. 8. Other than the access points specifically approved with this application, direct lot access to Ustick Road is prohibited. 9. Comply with all Standard Conditions of Approval. B. 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 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 ofIdaho 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING P ARKW A Y SUBDIVISION (AZ-03-0 17) PAGE 13 OF 17 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 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 Recommendation ofNampa & Meridian Irrigation District as follows: 1. Nampa & Meridian Irrigation District has no facilities in this area. However, all storm drainage must be retained on site. If all storm drainage is retained on site there will be no impact on the District. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code 31-3805. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING P ARKW A Y SUBDIVISION (AZ-03-017) PAGE 14 OF 17 4. Storm water 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. F. Adopt the action of the City Council taken at their October 7,2003 meeting as follows: 1. The revised Plat dated September 24, 2003 is approved. 2. For clarification to Wendel Bighams's letter dated July 9, 2003, there was a mistake pertaining to this project that the developer would be donating land for an elementary school and a high school. There is nothing intended for this particular development, and Mr. Bigham's letter pertained to another project. 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-4) Low Density Residential District, and Meridian City Code S 11-7-2. 5. Subsequent to the passage ofthe 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 S 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKWAY SUBDNISION (AZ-03-017) PAGE 15 OF 17 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 bo~y of the 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 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 2-1 day of Ochbvv ,2003. ROLL CALL COUNCILMAN KEITH BIRD VOTED~ VOTED~ COUNCILWOMAN TAMMY deWEERD COUNCIL WOMAN CHERIE Mc CANDLESS VOTED~ VOTED~ COUNCILMAN WILLIAM L.M. NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: VOTED - FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA IrON AND ZONING PARKWAY SUBDIVISION (AZ-03-017) PAGE 16 OF 17 ( MOTION: APPROVED: K DISAPPROVED: ~ -) "",,,,, """ . . -'.' -~---- -~ ,,\\\~ OF ME"~;~ !~~&- &-P0R.4)-~ ~hl&+rn:5 oLe U:Uy d. . 2 ~ 0 ~ COIJAltL2 ?fe3,cwn--c SEAL III 7. 1l ~ S &0 ....~ 0 f ~",o Usr lSi . .:('- ~ Copy served upon Applicant, the Plarim~~~~~q.~~ep~ent, Public Works Department and the City Attorney.'f/lullI;: Ill""" \\'\\\\\FIIIMIII~I"11 \'\\.J 0 C/:;}b..'//" ", ~ '\ . "'{J/: ""... d~ L~ n_ 1'7 ~;::' (} C,OfIPoF't.t7; ~1-% BY:~~/d-- rDated:/tJ..-J,Z....t?::>! ~ ~ \ CIty Clerk ~;: Attest: JI~P FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKWAY SUBDIVISION (AZ-03-0 17) PAGE 17 OF 17 October 17,2003 PP 03-022 MERIDIAN CITY COUNCIL MEETING APPLICANT Six Point Development, LLC October 21 , 2003 ITEM NO. 3~\-\ REQUEST Findings: Request for Preliminary Plat approval of 14 building lots and 3 other lots on 6.00 acres in a proposed R-4 zone for proposed Parkway Subdivision by Six Point Development LLC - 355 West Ustick Road: 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: See Attached Findings ~'0l1t t-t~ Date: //).r/7~'() 5Phone: 3;;11'-17{kJ 11/1\ , Materials presented at public meetings shall become property of the CIty of Meridian. interoffi ce MEMORANDUM To: William G. Berg, Jr. RECEIVED From: Wm. F. Nichols OCT 1 3 2003 Subject: Parkway Subdivision City Of Meridian City Clerk Office File: PP-03-022 Date: October 13, 2003 Will: Please find attached the original ofthe FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT, pursuant to action of the Council at their October 7, 2003 meeting. The Findings will be on an upcoming Council agenda. Please serve conformed copies of the Findings upon the Applicant and the Planning and Zoning Department, Public Works and the City Attorney office, if Council approves the Findings. If you have any questions arise please advise. Z:\ Work\M\M eridian\Meridian I 5360MlParkway Sub. AZ-03-Q 17 PP-03-022\BergPrePlatM EMO 10 13 03.da: BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 1 0/07/03 IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT FOR PARKWAY ) SUBDIVISION FOR A PLANNED ) DEVELOPMENT CONSISTING OF ) 90-LOT RESIDENTIAL ) SUBDIVISION AND 7 OTHER ) LOTS ON 34.52 ACRES TO BE ) KNOWN AS BIRCHSTONE CREEK ) SUBDIVISION, LOCATED AT THE ) NORTHWEST CORNER OF ) USTICK ROAD AND BLACK CAT ) ROAD, MERIDIAN, IDAHO ) ) BY: SIX POINT DEVELOPMENT, ) APPLICANT ) ) Case No. PP-03-022 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 October 7, 2003, and Anna Powell Planning Director for the Planning and Zoning Department, and Richard Cook, appeared and testified, and the City Council having received a report from Wendy Kirkpatrick 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 ofthis matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the "PRELIMINARY PLAT FOR P ARKW A Y SUBDIVISION, LOCATED IN THE NE l4 OF SECTION 1, T. 3N" R. lW., B.M., MERIDIAN, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROY AL OF PRELllvlINARY PLAT PARKWAY SUBDIVISION / (pP-03-022) PAGE 1 OF 12 ADA COUNTY, IDAHO, DWG DATE: 06/12/03 KDH, DWG NO. 30507, SHEET 1 OF 2 PREPLAT, 30507-PRE.DWG, REVISION: 09/24/03 BY: KDH, STAMPED DATE: SEP 24 2003, STAMED: RECEIVED OCT 07 2003 CITY OF MERIDIAN CITY CLERK OFFICE, SIX POINT DEVELOPMENT - DEVELOPER, BRIGGS ENGINEERING, INC. - PLANNER", Six Point Development, 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 substantial 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-4, is before the Council, and requires connection to the Municipal Water and Sewer System. [Meridian City Code S 11-7-2 C] 2. The preliminary plat is in conformance with the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 3. The applicant, Six Point Development, has applied for approval offourteen (14) building lots and three (3) other lots on a 6.00 acre parcel ofland located at the southwest intersection of Us tick Road and Meridian Road. The "other" lots within the subdivision include a landscaping buffer and an open-space /drainage lot. The single-family lots within the subdivision FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT P ARKW A Y SUBDIVISION / (pP-03-022) PAGE 2 OF 12 range from 9,230 square feet to approximately 41,596 square feet. The gross density for the subdivision is 2.33 units per acre. There is one existing dwelling on the subject property. This existing dwelling will be retained as part ofthe subdivision on a 41,596 square foot-lot. The proposed road will be constructed as a public road and will meet all public road standards. 4. It is found that the subdivision to be in conformance with the Comprehensive Plan. The Comprehensive Plan designates the subject property as Medium Density Residential, and the proposed zone change to R-4, and proposed residential subdivision, comply with this Comprehensive Plan designation. 5. Public services are available for the proposed subdivision. Sanitary sewer and water is available from an existing mainline stub from the Salisbury Lane Subdivision as well as from an existing water main in U stick Road. The applicant must obtain an easement for sanitary sewer and water to the existing main southeast of the site. The applicant shall be required to extend water and sanitary sewer mains to and through the proposed development. 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, and will not require the expenditure of capital improvement funds. The subject property is currently served by a network of public streets. The proposed public road and extensions of sewer and water will be funded by the applicant. 7. ACHD's staff report notes that the subject property has high ground water and that the applicant is responsible for the treatment and disposal of storm water. It is also found that there are no other health, safety or environmental problems associated with this subdivision. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT P ARKW A Y SUBDNISION I (pP-03-022) PAGE 3 OF 12 8. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "PRELIMINARY PLAT FOR P ARKW A Y SUBDIVISION, LOCATED IN THE NE ~ OF SECTION 1, T. 3N., R. lW., RM., MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 06/12/03 KDH, DWG NO. 30507, SHEET 1 OF 2 PREPLAT, 30507-PRE.DWG, REVISION: 09/24/03 BY: KDH, STAMPED DATE: SEP 24 2003, STAMED: RECEIVED OCT 07 2003 CITY OF MERIDIAN CITY CLERK OFFICE, SIX POINT DEVELOPMENT - DEVELOPER, BRIGGS ENGINEERING, INC. - PLANNER". 9. The City Council recognizes the concerns of Wendel Bigham from Joint School District No.2 in a letter dated July 9,2003. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code g 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT FOR PARKWAY SUBDIVISION, LOCATED IN THE NE ~ OF SECTION 1, T. 3N., R. lW., RM., MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 06/12103 KDH, DWG NO. 30507, SHEET 1 OF 2 PREPLAT, 30507-PRE.DWG, REVISION: 09/24/03 BY: KDH, STAMPED DATE: SEP 242003, ST AMED: RECEIVED OCT 07 2003 CITY OF MERIDIAN CITY CLERK OFFICE, SIX POINT DEVELOPMENT - DEVELOPER, BRIGGS ENGINEERING, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIM:INARY PLAT P ARKW A Y SUBDIVISION I (pP-03-022) PAGE 4 OF 12 INC. - PLANNER", Centelmial Development, LLC, Developer is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Special Recommendations of the PlaIming and Zoning Commission as follows: 1. Change the word "Lansbury" to "Salisbury" on Page 6, paragraphs 1. 2. The applicant has submitted a revised Preliminary Plat dated September 24, 2003. 3. The applicant has submitted a revised Preliminary Plat that shows the realigrunent of the entrance road off of Us tick, by eliminating the traffic island and adding that space to a traffic buffer along the west property line. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC COMMENTS / PRELIMINARY PLAT 1. 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. The applicant will also need to procure an easement across the adjacent property to connect to Lansbury Lane Subdivision. 2. Sanitary sewer service shall be via main line extension from the existing main in the Lansbury Lane Subdivision. The applicant shall be required to extend sewer mains to and through the proposed development. The Applicant will also need to procure a minimum 30-foot wide sanitary sewer and water main easement across the adjacent property to connect to Lansbury Lane Subdivision. 3. Underground year-round pressurized irrigation must be provided to all lots within this development. If the pressurized irrigation system within this development is to remain a private Homeowners Association system, complete plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELTh1INARY PLAT PARKWAY SUBDIVISION I (pP-03-022) PAGE 5 OF 12 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 cOlmection 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. 4. 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. 5. Submit all updated groundwater/soils monitoring data to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 1 DO-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer 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. 6. A detailed landscape plan, in compliance with the landscape ordinance shall be submitted for the subdivision with the Final Plat Application. GENERAL COMMENTS 1. Submit a copy ofthe Ada County Street Name Committee's approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to confonn. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. Two-hundred, and one-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELlldINARYPLAT P ARKW A Y SUBDIVISION I (pP-03-022) PAGE 6 OF 12 intersections and/or fire hydrants. 4. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. C. Adopt the Recommendations of ACHD as follows: A. Site Specific Conditions of Approval 1. The applicant shall do one of the following: a. Dedicate by donation an additional 23-feet of right-of-way along Ustick Road, and construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 4I-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 Ustick 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 Ustick Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Reconstruct the existing 16- foot wide driveway that intersects U stick Road approximately 200-feet east of the proposed entrance. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement ofthe roadway and install pavement tapers with I5-foot radii abutting the existing roadway edge. 3. Construct a public roadway, Northwest 3rd Street, to intersect Ustick Road approximately I5-feet east of the west property line, as proposed. 4. Construct the internal roadways as 36-foot street sections with curb, gutter and 5- foot concrete sidewalk within 50-feet of right-of-way, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT P ARKW A Y SUBDIVISION / (pP-03-022) PAGE 7 OF 12 5. Construct a stub street (Wrangler Street) to the west property line approximately 95-feet north ofthe south property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 6. Construct a knuckle without an island at the southeast comer of Wrangler Street and Northwest 3rd Street, as proposed. The design shall be reviewed and approved by ACHD's Development staff. 7. Construct a center island within the public right-of-way (Northwest 3rd Street), as proposed. Maintain a minimum ofa 21-foot street section on either side of the island. The island shall be owned and maintained by the homeowners association. Notes of this are required on the final plat. 8. Other than the access points specifically approved with this application, direct lot access to U stick Road is prohibited. 9. Comply with all Standard Conditions of Approval. B. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT P ARKW A Y SUBDIVISION I (pP-03-022) PAGE 8 OF 12 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 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 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. That a fire-flow of 1,000 gallons per minute be available to service the entire project. Fire hydrants shall be placed an average of 500' apart. 1997 UFC Appendix III-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT P ARKW A Y SUBDIVISION / (pP-03-022) PAGE 9 OF 12 3. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 4. All radii shall be 28' inside and 48' outside radius. E. Adopt the Recommendation ofNampa & Meridian Irrigation District as follows: 1. Nampa & Meridian Irrigation District has no facilities in this area. However, all storm drainage must be retained on site. If all storm drainage is retained on site there will be no impact on the District. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code 31-3805. F. Adopt the Recommendations of the Central District Health Department as follows: I. 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 HeaIth & Welfare, Division of Environmental 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 ofthe subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. Adopt the action ofthe City Council taken at their October 7,2003 meeting as follows: I. The revised Plat dated September 24, 2003 is approved. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT PARKWAY SUBDIVISION / (pP-03-022) PAGE 10 OF 12 2. For clarification to Wendel Bighams's letter dated July 9, 2003, there was a mistake pertaining to this project that the developer would be donating land for an elementary school and a high school. There is nothing intended for this particular development, and Mr. Bigham's letter pertained to anotherproject. NOTICE OF RIGHT TO REGULA TORY T AKlNGS 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 9 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 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 Z I day of OcA:vb.t,( ,2003. ROLL CALL COUNCILMAN BIRD VOTED~ VOTED-$- COUNCILWOMAN deWEERD COUNCILWOMAN McCANDLESS VOTED~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT PARKWAY SUBDIVISION / (pP-03-022) PAGE 11 OF 12 COUNCILMAN NARY VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED - ~ By:JI~4.~9- City Clerk Attest: JI~~ Dated: Z:\Work\M\Meridian\Meridian 15360MIParkway Sub. AZ-03-0 17 PP-03-022\FfCIsOnlPP.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT P ARKW A Y SUBDIVISION / (pP-03-022) PAGE 12 OF 12 ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 10/24/03 01:40 PM DEPUTY Bonnie Oberbillig RECORDED - REQUEST OF Meridian City AMOUNT .00 61 1111111111111111111111111111111111111 103181095 DEVELOPMENT AGREEMENT PARTIES: 1. 2, City of Meridian Kevin Howell, Kelly and Brenda Fulfer, Jack Fulfer, and Randall and Tanya Calkins, Owners Kevin Howell Construction, Owner/Developer 3, THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this /4:fJ.... day of Cle-t-C/ber ,2003, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY', and KEVIN HOWELL, whose address is 4822 N. Rosepoint, Suite C, Boise, Idaho 83713, Kelly and Brenda Fulfer, 2350 W. McMillan Road, Meridian, Idaho 83642, and Jack Fulfer, whose address is 1942 W. McMillan Road, Meridian, Idaho 83642, and Randall and Tanya Calkins, whose address is 2186 W, McMillan Road, Meridian, Idaho 83642, hereinafter called "OWNERS", and KEVIN HOWELL CONSTRUCTION, whose address is 4822 N. Rosepoint, Suite C, Boise, Idaho 83713, hereinafter called "OWNERlDEVELOPER" . 1. RECIT ALS: 1.1 WHEREAS, "OWNERS" and "OWNERlDEVELOPER" are the sole owners, in law and/or equity, of certain 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 "Property"; and 1.2 WHEREAS, I.C, S 67-651 lA, Idaho Code, provides that cities may, by ordinance, require or permit as a condition ofre-zoning that the "Owners" or "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 aIUlexation and/or re-zoning of land; and DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 1 OF 34 1.4 WHEREAS, "Owners" and "OwnerIDeve1oper" have submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (R-8) Medium Density Residential District, (L-O) Limited Office District, and (C-G) General Retail And Service Commercial District (Municipal Code of the City of Meridian); and 1,5 WHEREAS, "Owners" and "Owner/Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City ofMelidian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the Jq-fh day of ALo\~LlS-t 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 tins reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the Findiugs require the "Owners" and "OwnerJDeveloper" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNERS" and "OWNER/DEVELOPER" 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 AGREEMENT (AZ-03-013) PAGE 2 OF 34 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 amended Comprehensive Plan of the City of Meridian adopted August 6,2003, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. 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 oftms 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 mtUlicipal Corporation and government subdivision of the state ofIdaho, organized and existing by virtue oflaw ofthe State ofIdaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNERS": means and refers to Kevin Howell, whose address is 4822 N. Rosepoint, Suite C, Boise, Idaho 83713, and Kelly and Brenda Fulfer, whose address is 2350 W. McMillan Road, Meridian, Idaho 83642, and Jack Fulfer, whose address is 1942 W, McMillan Road, Meridian, Idaho 83642, and Randall and Tanya Calkins, whose address is 2186 W. McMillan Road, Meridian, Idaho 83642, the parties developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "OWNERJDEVELOPER": means and refers to Kevin Howell Construction, whose address is 4822 N. Rosepoint, Suite C, Boise, DEVELOPMENT AGREEMENT (AZ-03-0 13) PAGE 3 OF 34 Idaho 83713, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) ofthe "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, 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 CD, G and K) which are herein specified as follows: Construction and development of a residential neighborhood planned development with use exceptions for commercial and office use, in proposed R-8, 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 permit, 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: 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 DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 4 OF 34 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. This development agreement shall include all conditions of the annexation, preliminary plat, and conditional use permit/planned development. 4. This approval shall be referenced to the Preliminary Plat provided by the applicant and stamped by the City of Meridian July 3, 2003. 5. The L-O zone and C-G zone areas show conceptual layouts only and are not being platted at this time within those zones. 6. The applicant shall provided a letter :from the developer(s) of Lochsa Fans Subdivision stating that they are in agreement to shift the location ofW. Apgar Creek Street as depicted on the proposed preliminary plat for Kelly Creek Subdivision. The shift would formally occur upon final plat of that portion of Lochsa Falls. If the applicant cannot obtain such a letter, the preliminary plat must be redesigned to conform to the approved stub location. 7, 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 ofthe Lochsa Falls project. The applicant, at applicant's cost, may extend the sewer through McMillan Road ifLochsa Falls' sewer line is not ready. 8. 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. DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 5 OF 34 9. In accordance with Ordinance 12-13-10-8, Applicant shall construct detached sidewalks adjacent to McMillan Road and Linder Road. The minimum width ofthe 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 lor Class n trees. 10, Street buffers along McMillan and Linder Roads shall include 25 feet of landscaping and may be measured from the future back of curb, since detached sidewalks are required. Ifthe right-of-way ends at the back of curb, the width ofthe landscape buffer common lot shall be at least 30 feet wide to provide a full 25 feet of landscaping exclusive of the sidewalk width, 11. Fencing details shall be submitted with the Final Plat application for perimeter fencing. 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 ofthe central park for a consistent appearance from within the park. 12. Revise preliminary plat note 3 to include rear lot lines to the list of lines having 10-foot wide easements for public utilities, drainage, and irrigation. 13. A detailed landscaping plan and performance specifications for the common area pressurized irrigation system shall be submitted with the final plat application. 14. 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. 15. Submit a copy of the Ada County Street Name Committee1s final approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform, 16, Coordinate fire hydrant placement with the City of Meridian Public Works Department. DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 6 OF 34 17. 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., pl10r to signature on the final plat. 18. Two-hundred-fifty and one-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Pub lic Warks Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 19. 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 Inigation District. 20. Perimeter fencing shall be required, unless othelWise agreed upon in writing by the Planning Director. No fencing will be permitted within the required landscape buffers. The Applicant shall address the type of fencing plaMed at the P&Z Commission public hearing. Submit detailed fencing plans for review and approval with submittal ofthe Final Plat. All required fencing is to be in place prior to 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. 21. A detailed landscape plan for the common areas, including pathways and types of constmction, 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, berming/swale details, and all proposed ground cover/treatment. 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 Pinal Plat. 23. All irrigation ditches, laterals or canals, exclusive of natural watelWays, 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 011 the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 7 OF 34 24. 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. 25. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during I OO-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. 26. 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. 27. Submit 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 determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum on-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation ofthe crawl spaces of homes is at least 1- foot above groundwater. 28, Applicant shall meet all of the requirements of the annexation and preliminary plat as a condition of the Conditional Use Permit. 29. Applicant shall provide afoad connection via a private street from W. Apgar Creek Street to the commercial area in the vicinity of lot 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. 30, Lots 18, 19,20, and 21 of Block 10 shall be combined to become only Lot 19 of Block 10, 31. The modified development standards, including reduced lot size, reduced frontages, and exceeding block length requirements, are approved as depicted on the approved site plan. DEVELOPMENT AGREEMENT (AZ-03-0 13) PAGE 8 OF 34 32, 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-coUlt 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 constmcted as part of Phase 1, as depicted on the site plan. 33. Lot 26, Block. 12, shall be provided an easement to Summit Way and an easement into the L-O zone. 34. 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, 35. The detailed plmmed 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 Certifi.cate or Zoning Compliance in those areas. 36. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 37, 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. B. Adopt the Recommendations of the Ada County Highway District 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. Ifthe applicant chooses to dedicate the right-of-way, ACHD will not provide compensation. The applicant shall do one of the following: l. Dedicate by donation an additiona15-feet of right-of-way along McMillan Road (30-feet total from the current centerline) and an additional13-feet of right-of-way along Under Road (38-feet total from centerline), and construct a minimum 5-foot wide concrete DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 9 OF 34 sidewalk along McMillan Road and Linder Road. The sidewalk on McMillan Road shall be located a minimum of 35-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. u. 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 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 lll. 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 (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 DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 10 OF 34 \, 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. lfthe later option is chosen, the necessary right-of-way needed to construct the subject auxiliary lane shaH 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. 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) wiH 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. DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 11 OF 34 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 of255-feet south of Apgar Creek Street and no closer than 1 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 IS-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-inlright-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 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, 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 DEVELOPMENT AGREEMENT (AZ-03-0 13) PAGE 12 OF 34 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 tom 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 othelWise 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 Chinmey 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 ofthe 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 ofrigh~-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. DEVELOPMENT AGREEMENT (AZ-03-0 13) PAGE 13 OF 34 (. \. 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 fi'om 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 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 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 ofIdaho shall prepare and certify all improvement plans. DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 14 OF 34 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 COlmty 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 lmown 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 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 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 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 ofl ,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 DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 15 OF 34 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 ill-A 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final Approval ofthe fire hydrant locations shall be by the Meridian Fire Department thru the Public Works Department. 5. AU 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 t\vo 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 D, 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 stOlID 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, E. Adopt the Recommendations of the Central District Health Department as DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 16 OF 34 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 Depmiment of Health & Welfare, Division of Environmental 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 CUlTent best management practices for stormwater disposal and design a stormwater 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 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 ofpathways 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. DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 17 OF 34 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 Palls 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. 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 "Owners" and "Owner/Developer" o~ "Owners" and "Owner/Developer's" heirs, successors, assigns, to comply with Section 6 entitled <<Conditions Governing Development" of subject "Property" of this agreement within two years ofthe date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.e. ~ 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 18 OF 34 "Owners" and "OwnerlDeveloper" consent upon default to the de- annexation and/or a reversal of the zoning designation ofthe "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 "Owner/Developer" and if the "Owners" and "Owner/Developer" fails to cure such failure within six (6) months of such notice, 9, INSPECTION: "Owners" and "OwnerIDeveloper" shall, immediately upon camp letion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Owners" and "Owner/Developer", "Owners" and "OwnerIDeveloper'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 ofthe terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or tenninated by the "City" upon compliance with the requirements of the Zoning Ordinance, 10,2 A waiver by "City" of any default by "Owners" and "OwnerlDeveloper" of anyone 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 ofthe Exhibits, at "Owners" and "OwnerIDeveloper's" cost, and submit proof of such recording to "Owners" and "OwnerlDeveloper", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 19 OF 34 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 court of competent jurisdiction by either "City" or "Owners" and "OwnerIDeveloper", 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 ofthe 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 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 ofthe same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner" and "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 DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 20 OF 34 improvements, which the "Owners" and "Owner/Developer" agrees to provide, if required by the "City", 15, CERTIFICATE OF OCCUPANCY: The "Owners" and "Owner/Developer" 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 ifthe 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: CITY: OWNERS: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 Kevin Howell 4822 N. Rosepoint, Suite C Boise, Idaho 83713 Kelly and Brenda Fulfer 2350 W. McMillan Road Meridian, Idaho 83642 Jack Fulfer, by: Kelly Fulfer, Attorney-in-Fact for Jack Fulfer 1942 W. McMillan Road Meridian, Idaho 83642 Randall and Tanya Calkins, by: Kelly Fulfer, Attorney-in-Fact for DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 21 OF 34 Randall and Tanya Calkins 2186 W. McMillan Road Meridian, Idaho 83642 with copy to: OWNERJDEVELOPER: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ill 83642 Kevin Howell Construction 4822 N, Rosepoint, Suite C 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. 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 tenn, 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 ofthe parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and thetr successors in office. This Agreement shall be binding on the "Owners" and "Owner/Developer" 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 ofthe "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 "Owners" and "Owner/Developer", to execute appropriate and recordable evidence of termination of this Agreement if"City", in its sole and reasonable discretion, had DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 22 OF 34 determined that "Owners" and "OwnerfDeveloper" has fully performed its obligations under this Agreement. 21. INV ALID 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 "Owners" and "Owner/Developer" and "City" relative to the subj ect matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owners" and "OwnerfDeveloper" 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 governing development of the subject "Property" herein provided for can be modified or amended without the approval ofthe 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-03-0 13) PAGE 23 OF 34 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNER/KEVIN HOWELL: BY'2{' '1,,"A-1'-/ K Vln Howell OWNER/FULFER: 4 BY: ~ Ke~r - BY:~~ Brenda Fulfer \. OWNER/FULFER: 'lad-- ~ elly Fulfer, Attorney-in-Fact DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 24 OF 34 O\iVNER/CALKlNS: t2a,~~1 Cdil'A-,f BY: ~~ Randall C InS, by. elly Fulfer, Attorney-in- Fact for Randall Calkins OWNER/DEVELOPER! ;/e-oiJl{ ;JowB/ ( dJJ KEVIN HOWELL CONSTRUCTION: 77'"""- B/)i, - ~j,~ Attest: DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 25 OF 34 CITY OF MERIDIAN B~~~ Attest: STATE OF IDAHO ) : ss: COUNTY OF ADA ) On this (~ day of DR-, in the year 2003, before me, the undersigned a Notdry Public, personally appeared Kevin Howell, a married man dealing with his sole and separate property, known or identified to me to be the person who executed the instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificat lrst a e written, (SEAL) DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 26 OF 34 STATE OF IDAHO) : ss: COUNTY OF ADA ) On this I~ day of t;d~ ' in the year 2003, before me, the undersigned a otary Public, pe nally appeared Kelly and Brenda Fulfer, husband and wife, known or identified to me to be the persons who executed the instnlment and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the d~iffi9, vear in this certificate first above written, .""" 1111111. ~..".. '\ ~M.ES ~ 1I~~#4! ~ ~ ~ ~ ~ ~ (p~ 1* \d" = ~ OIl :: fI.I ...ot-- (SEAL) i. ~ /Jill" -:. 7!l.c 4" '" ~ ...;"" ~v ~"" ....q, STATE OF IDAHO) : ss: COUNTY OF ADA ) On this i fr? day of 0("2 ' in the year 2003, before me, the undersigned a Notary Public, personally appeared Jack Fulfer, by: Kelly Fulfer, Attorney-in-Fact for Jack Fulfer, known or identified to me to be the person who executed the instrument and acknowledged to me that he executed the same as Attorney- in-Fact for Jack Fulfer. (SEAL) DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 27 OF 34 STATE OF IDAHO ) : ss: COUNTY OF ADA ) On this I (p day of () d- ' in the year 2003, before me, the undersigned a Notary Public, personally appeared Randall Calkins, by: Kelly Fulfer, Attorney-in-Fact for Randall Calkins, known or identified to me to be the person who executed the instmment and acknowledged to me that he executed the same as Attorney-in-Fact for Randall Calkins, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal th~tlaYBIWf.! year in this certificate first above written. "''''....t lABS Bt4'(}q. ~~ \~ ~ ~ to; l! =* .. .. : .IJ (SEAL'i ~ ~.ttIC \7",- ..... "'::;" <p.. v 0 ..~<< 'ee, - STATE OF IDAHO ) : ss: COUNTY OF ADA ) On this /~ day of t!Jd--- , in the year 2003, before me, the undersigned ~ otary Public, personally appeared Tanya Calkins, by: Kelly Fulfer, Attorney-in-Fact for Tanya Calkins, known or identified to me to be the person who executed the instrument and acknowledged to me that he executed the same as Attorney-in-Fact for Tanya Calkins. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written, (SEAL) STATE OF IDAHO) :ss COUNTYOFADA ) day of ed a oJr Notary Public, , in the year personally appeared On this 2003, re me, 17 ~... known or identified 0 me to be the dp6- and -{)f KEVIN HOWELL CONSTRUCTION, and the personi'who executed the instrument and acknowledged to me that ~g executed the same on behalf of sai~VIN HOWELL CONSTRUCTION. ~iA/~ cLhd IN WITNESS WHEREOF (I have hereunto set my hand and affixed my official seal the day and year in this certificate fi bove written. (SEAL) < County of Ada ) On this '2-2- rJ day of O('J-n~ , in the year 2003, before me, a Notary Public, personally appeared-Rebert D. ~p-i€ and William G. Berg, know or identified to me to be thf..Mw{)r ?11d Glerk~fuls~ftv~~ftne City of Meridian, who executed the instrument or mt~eft&{ f6.if(~cuted the instnllnent of behalf of said City, and aclmowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. oelll III iii q 1111 ..:" 9_:~L$~.. ~~~o'fAJ?A0~~ :Ci'J/ y \~~ .Ill I , II III I I II II I r '" '" , I '" 'II ~ / .. \) ~ Dr_ . C" . ... d"~"':~Ul:H...~..-:~O.C1 .....-"["h-. ----..-r"I?>:+ ..~..cOF LV.. II.. .... DEVELOPMENT AGREEMJ:.Y[ (AZ-03-Q 13) PAGE 29 OF 34 (SEAL) 3!000 ry, ~y L-~-fL-, Notary Public for ~dahQ Residing at: ,AdoL COWYil~ "Jde:..,},.w Commission expires: L{ - 2 ~ - 5" EXHIBIT A Lee-at Description Of Property FULFER PARCEL DESCRIPTION The South Y2. of the Southeast 'l4 of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: COMMENCING at a found 5/8" iron pin (no cap), marking the Southeast comer of Section 26, the POINT OF BEGINNING; thence along the Southerly boundaty of Section 26, North 89028 '38" West, 2,625.53 feet to a found 5/8" iron pin with plastic cap stamped "HUBBLE PLS 4998", marking the South 'l4 comer of said section; thence along the Westerly boundary ofthe Southeast y,. of Section 26, North 00037'07" East, 1,330.30 feet to a found 5/8" iron pin (no cap), marking the Center-South l/16th comer of said section; thence along the Northerly boundary of the South Y2 of the Southeast ~ of Section 26, South 89013'39" East, 2,620.84 feet to a found 5/8" iron pin with plastic cap stamped "HUBBLE PLS 4998", marking the South 1I16th comer of said section; thence along the Easterly boundary of Section 26, South 00024' 54" West, 1,318.88 feet to the POINT OF BEGINNlNG. Said parcel contains 79.77 acres (3,474,619.61 square feet), more or less. FULFER DEVELOPMENT - R-8 ZONING PARCEL DESCRIPTION DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 30 OF 34 That portion of the South 'li of the Southeast ~ of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at a found 5/8" iron pin marking the Southeast comer of Section 26, from which a found 5/8" iron pin marking the South Y4 corner of said Section bears North 89028 '38" West, 2,625.53 feet; thence along the Southerly boundary of Section 26, North 89028'38" West, 600.70 feet to the POINT OF BEGINNING; thence continuing along said boundary, North 89028'38" West, 1,324.45 feet; thence leaving said boundary North 00034'05" East, 424.65 feet; thence South 80037'07" West, 436.64 feet; thence North 89022'53" West, 270.00 feet to the Westerly boundary of the South Y2 of the Southeast Y4 of Section 26; thence along said boundary, North 00037'07" East, 980.30 feet to the Northwest corner thereof; thence South 89013'39" East, 2,620.84 feet to the Northeast comer ofthe South Y2 of the Southeast Y4 of Section 26; thence along the Easterly boundary of said Section, South 00024' 54" West, 897.75 feet; thence leaving said boundary, North 89035'06" West, 600.70 feet; thence South 00024'54" West, 420.00 feet to the POINT OF BEGINNING. Said parcel contains 67.976 acres (2,961,013 square feet), more or less, DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 31 OF 34 FULFER DEVELOPMENT - C-G ZONING PARCEL DESCRIPTION That portion of the South Yi of the Southeast Y4 of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at a found 5/8" iron pin marking the Southeast comer of Section 26, the POINT OF BEGINNING, from which a found 5/8" iron pin marking the South ~ comer of said Section bears North 89028'38" West, 2,625.53 feet; thence along the Southerly boundary of Section 26, North 89028'38" West, 600.70 feet; thence North 00024'54" East, 420.00 feet; thence South 89035'06" East, 600.70 feet to the Easterly boundary ofthe South Y2 of the Southeast Y4 of Section 26; thence along said boundary, South 00024'54" West, 421.13 feet to the POINT OF BEGINNING, Said parcel contains 5.800 acres (252,633 square feet), more or less. FULFER DEVELOPMENT - L-O ZONING PARCEL DESCRIPTION That portion of the South Y2 of the Southeast ~ of Section 26, Township 4 Nort~ Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: DEVELOPMENT AGREEMENT (AZ-03-0 13) PAGE 32 OF 34 COMMENCING at a found 5/8" iron pin marking the Southeast comer of Section 26; thence North 89028'38" West, 2,625.53 feet to the South 14 comer of Section 26, the POINT OF BEGINNING; thence along the Westerly boundary of the Southeast 14 of Section 26, North 00037'07" East, 350.00 feet; thence leaving said boundary, South 89022' 53" East, 270.00 feet; thence North 80037'07" East 436.64 feet; thence South 00034 '05" West, 424.65 feet to the Southerly boundary of the Southeast Y4 of Section 26; thence along said boundary, North 89028'38" West, 700.38 feet to the POINT OF BEGINNING. Said parcel contains 5,991 acres (260,974 square feet), more or less. DEVELOPMENT AGREEMENT (AZ-03-0 13) PAGE 33 OF 34 ( EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 34 OF 34 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- ) W A Y,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 of 7:00 p.m., and AlUla Powell Planning Director for the PlalUling 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: FL'l"DINGS OF FACT I, There has been compliance with all notice and hearing requirements set forth in Idaho Code S9 67-6509 and 67-6511, and Meridian City Code 99 11-15-5 and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivision and development FINDIN"GS OF FACT A!\TJ) CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING KELLY CREEK SUBDIVISION (AZ-03-0 13) PAGE 1 OF 27 ordinances codified at Titles 11 and 12, Meridian City Code, and all cun-ent 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 oflmpact ofthe City of Meridian and the Meridian Urban Service Planning Area as defined in the Melidian Comprehensive Plan. 4_ The parcel ofland is contiguous to the existing city limits of the City of Melidian. 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 Conunercial), 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 GRi\NTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDMSION (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 [ollowing 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 annexation request. The development agreement shall include all conditions of the almexation, preliminary plat, and conditional use permit/planned development. FINDlNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AI'lJD ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBOrvISION (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 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 willl10t provide compensation. The applicant shall do one of the following: 1. Dedicate by donation an additiona15-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 constlUcl 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 of41-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. n, Dedicate by donation an additional IS-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 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, iii. 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 righ't-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 fINDIN'GS OF FACT AND CONCLUSIONS OF LAW Ai'ID DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING KELLY CREEK SUBDIVISION (AZ.03-0 l3) PAGE 4 OF 27 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. ll1e applicant may choose to install the auxi1iary 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 northbOlUld left-turn lane on Linder Road at Apgar Creek Street. The applicant may choose to install the auxiliary tum 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 Under 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 constnlcted when the warrant is met. The necessity for auxiliary lane construction (warrants) will be evaluated as each phase (final plat) is submitted. Coordinate theflnal 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 SO-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-03-0 13) PAGE 5 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 of255-feet south of Apgar Creek Street and no closer than ISO-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 instalJ pavement tapers with 15-foot radii abutting the existing roadway edge. lO. Construct a commercial driveway on McMillan Road located approximately 250-feet west of Under Road, as proposed. Pave the driveway its full width (maximum 35-feet) and at least 3D-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-inJright-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 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 ofa 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. J 3. 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 25Swfeet (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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTlNG APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 6 OF 27 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 ofright~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 3D-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 reconstroction 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. l1. 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 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 ofBalIinger 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 Under Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plates). FINDINGS OF FACT AND CONCLUSIONS OF LAW Al\TD DECISION AND ORDER GRANTING APPLrCATION FOR A1~ TION AND ZONING KELLY CREEK SUBDNISION (AZ-03.013)n PAGE 7 OF 27 ( ,. 23, Comply with all Standard Conditions of ApprovaL Standard Conditions of Ap?roval 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 constmction 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 COWlty 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 ofIdaho shall prepare and certify all improvement plans. 6. TIle 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 app~icable 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 oHhe 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. I Q. 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 SUBDIVISION (AZ-03-013) PAGE 8 OF 27 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 Distri ct. 11. Any change by the applicant in the planned use of the property which is the subj ect of thi s application, shall require the applicant to comply with aU 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 of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFe Appendix l1I~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 ill-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 Warks Department. 5. All roads shall have a turning radius of28' inside and 48' outside. 6. Operational flre 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 wi II 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 bome 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 OF27 ( \ D. Adopt the Recommendation of Set tIers 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. lfthe 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, 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. 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. F, Adopt the action ofthe 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 wi th 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 FINDIN"GS 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 ofllie 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. COle 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, induding right-of-way. 13. It is found that the requested zoning designation, R-8, is harmonious 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 ] 2-6-3. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONmG KELLY CREEK SUBDMSION (AZ-03-0 13) 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 harmonious 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 of the 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 futlU"e 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 Lochs a Falls Subdivision which is FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDMSION (AZ-03-013) PAGE 12 OF27 currently under 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 tlnancing 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 economic welfare. 21. It is found that the proposed residential, office and commercial uses themsel ves 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 rni,<ed use nature of the proposed development will encourage a higher degree of trip 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 OT odors. 22. It is found that ACHD staffhas reviewed and recommended approval of the 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 SUBDMSION (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 no historic structures or significant natural features. 24. It is found that the annexation of this 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 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. 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 A1'ID ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING KELLY CREEK SUBDNISI0N (AZ-03-013) PAGE 14 OF 27 by the Ada County Highway District. (ACHO 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, then 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 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. TIle 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 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 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 ~ 11-7-2 D, G and K as foHows: FINDINGS OF FACT Al'ID CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDMSION (AZ-03-013) PAGE 15 OF 27 (R-8) Medium Densi~ Residential District: The purpose of the R-8 District is to permit 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 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 Distri.ct: The purpose of the L-O District is to pennit the establislunent 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 pr:oduct 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 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. fe-G) General Retail And Service Commercial District: The purpose ofthe 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 corrunercial 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. TI1e City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. FlNDINGS 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 oftheZomng 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 LA W, 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 Conunercial (C-G) is granted subject to the terms and conditions of this Order hereinafter stated. 2, The application is for annexation and zoning of79. 77 acres in size, includingright-of- way. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State ofldaho, and shall confonn 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 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 conditions of development, to-wit: 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-03-0 13) PAGE 17 OF 27 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 inigation/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 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 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: L Dedicate by donation an additional 5~feet ofright-of-way along McMillan Road (3D-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 4l-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 of3S-feet from the centerline ofthe existing roadway, The sidewalk on Linder Road should be located a minimum of 41 Mfeet 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. Coordinate the location and e~evation 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 of the existing roadway. The FINDINGS OF FACT AND CONCLUSIONS OF LAW A.l'ID DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONll'l'G KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 18 OF 27 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 ofthe sidewalk with District staff. 2. Construct a separate westbound right.tum 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. lfthe later option is chosen, the necessary right-of-way needed to construct the subject auxiliary lane shaH 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 tum 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 wben 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 GRAt'ITING APPUCATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDMSION (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 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 of the approved Wild Goose Drive to the north, as proposed, The street shall be constructed Widl a 36-foot street section within 50-feet ofright-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- 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 of the adjacent roadway edge and install pavement tapers with IS-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-inlright-out movements in the future. 11. Construct a conunercial driveway on McMillan Road located approximately 235-feet west of the first commercial driveway on McMillan Road and approximately SOD-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 ofa 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 McMiHan Road a minimum of 255-feet (measured near edge of 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 20 OF 27 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 drivew~y 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 ofpavement 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 afright-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 fua 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 S04eet ofright-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 l25~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 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). 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 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 pe1TI1its), which incorporates any required design changes, 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada COlmty 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 an existing utilities within the right-of- FINDlNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (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 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 Deparbnent Recommendations as follows: I, 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 hydrantssha11 be placed an average of 400' apart. 1997 UFC Appendix ill-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 UFe Appendix m~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 tumingradius 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 t \ . 8, A minimum 0 f two points of access will be required for any portion of the project, which serves more than 50 homes. life 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: l, All irrigation/drainage tacilities along with their easements must be protected and continue to function. 2. All stann 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-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 stormwater disposal and design a stonnwater management system that prevents groundwater and surface water degradation. G, Adopt the action of the 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 SUBDNISION (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 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 1-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 proj ect would lay out. 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 inigation 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 shan 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 APPLICA nON FOR ANNEXA nON AND ZONlliG KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 25 OF 27 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, (L-O) Limited Office District, and (C-G) General Retail And Service Conunercial District, Meridian City Code S 11-7-2. 5, Subsequent to the passage ofthe Ordinance provided for in section 4 oftrus 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 ~ ] 1-21-1 inaccordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION AND RIGHT TO REGULA TORY TAKINGS ANAL YSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatorytaldng analysis. Such request must be in writing, and must be filed with the City CIl;:rk 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 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 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 Iq~ day of /k?,ft- ROLL CALL ,2003. FINDINGS OF FACT AND CONCLUSIONS OF LAW Ai'ID DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 26 OF 27 COUNCILMAN KEitH BIRD VOTED~l-- COUNCILWOMAN TAMMY deWEERD VOTED~ COUNCILWOMAN CHERIE Mc CANDLESS VOTED ~ COUNCILMAN WILLIAM L.M. NARY VOTED~ MAYOR ROBERT 0, CORRIE (TIE BREAKER) DATED: 8-1?--tJ3 VOTED - MOTION: APPROVED:~ DISAPPROVED: ~~~~>- ~M.yor 0 ~D.COm '.. Attest: By.dI,d/.-~ft~aDated: _ ~ = City Clerk ~ 70-. tf:: ,~<>~. .... 0 ~ ~ ~_; V&r 15\ . ..(':: Z:\ WorklM'uVieridian\Meridian I S360M\Kelly Creek Sub AZ-{)3-013 PP-03-0 14 CUP-03-o28\AZF~..."""'r'er. ~ ~ ".:;-" . ",I COu ,t " " ,1,1// NT. , \\" FINDINGS OF FACT AND CONCLUSIONS OF LAW 1//OflltH IIP\\\\\ AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 27 OF 27 ~, ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 10/24/03 01:40 PM DEPUTY Bonnie Oberbillig RECORDED - REQUEST OF Meridian Cily AMOUNT .00 46 1111111111111111111111111111111111111 103181093 DEVELOPMENT AGREEMENT PARTIES: 1. 2. City of Meridian Tuscany Development Corporation, Owner/Developer THIS DXVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this SOL day of ",~teif,.~ , 2003, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY', and TUSCANY DEVELOPMENT, INC., whose address is PO Box 344, Meridian, Idaho 83680, hereinafter called "OWNER/DEVELOPER". 1. RECITALS: 1.1 WHEREAS, "OWNERJDEVELOPER" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A 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 "Property"; and 1.2 WHEREAS, I.e. S 67-651 lA, Idaho Code, provides that cities may, by ordinance, require or 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, "OwnerlDeveloper" have submitted an application for annexation and zoning ofthe "Property's" described in Exhibit A, and has requested a designation of (R-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 Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT (AZ~03-014) PAGE 1 OF 27 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 2 g r!! day of J:e/)fe,.~ber- ,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 referred to as (the "Findings"); and 1.8 WHEREAS, the Findings require the "Owner/Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER! DEVELOPER" 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 1.10 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 pI arming jurisdiction and 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 Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: DEVELOPMENT AGREEMENT (AZ-03-014) PAGE 2 OF 27 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 ofIdaho, organized and existing by virtue oflaw of the State ofIdaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNERlDEVELOPER": means and refers to Tuscany Development, Inc., whose address is PO Box 344, Meridian, Idaho 83680, the parties developing said "Property" and shaU 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 describing the parcels to be annexed and zoned R -8, 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 136 lot residential subdivision with 10 other lots on 33.26 acres, in a proposed R-8 zone. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. DEVELOPMENT AGREEMENT (AZ-03-014) PAGE 3 OF 27 5, DEVELOPMENT IN CONDITIONAL USE: "Owner/Developer" has submitted to "City" an application for conditional use permit, 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 "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. On Page 2 of staff report allow applicant a 12' setback for the living area and 20' setback for the garage. 2. On Page 6 of the staff report, delete Items 1 and 2 from annexation and zoning conditions of approval. B. 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. A Development Agreement shall be required; the following shall be addressed in the Development Agreement: pathway standards and fencing requirements for the pathway and micropaths. 3. Retain alignment with a notice that applicant and neighbors will hold hearing to discuss and present possible options. C. Adopt the Recommendations ofthe ACHD as follows: DEVELOPMENT AGREEMENT (AZ-03-014) PAGE 4 OF 27 Site Specific Conditions of Approval: 1. This section of Victory Road is not listed as a proposed project in the District's currently adopted Five Year Work Program, but is in the currently adopted 20- year Capital Improvements Program. However, the applicant may receive reimbursement for dedicated right-of-way from available collected impact fees, only if the roadway is listed in the current CIP at the time ofplan!plat approval. The ACHD Board of Commissioners authorizes the expenditure of available collected impact fees for the purchase of right-of-way dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, iffunds cannot be secured, the applicant shall do one of the following: 1. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) an additional IO-feet of right-of-way along Victory Road (35-feet total from centerline), and construct a minimum 5-foot wide concrete sidewalk along Victory Road in its ultimate location (minimum 28-feet from centerline). Coordinate the location and elevation of the sidewalk with District staff. The applicant should provide the District with an easement for any portion of the sidewalk that is not located within the right-of-way. The applicant should also be required to obtain a license agreement for any landscaping located in the Victory Road right-of- way. 11. Do not dedicate additional right-of-way, but construct a minimum 5- foot wide concrete sidewalk along Victory Road in its ultimate location. The sidewalk should be located no closer than 28-feet from the centerline ofthe right-of-way. Provide the District with an easement for any portion of the sidewalk that is not located within the right-of-way. iii. Do not dedicate additional right-of-way, but construct a minimum 5- foot wide concrete sidewalk along Victory 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. 2. This section of Locust Grove Road is not listed in the adopted Capital Improvements Plan; therefore, impact fees cannot be used to purchase the right- DEVELOPMENT AGREEMENT (AZ-03-014) PAGE 5 OF 27 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 additionall O-feet of right-of-way along Locust Grove Road (35-feet total from centerline), and construct a minimum 5- foot wide concrete sidewalk along Locust Grove Road in its ultimate location (minimum 28-feet from centerline). Coordinate the location and elevation of the sidewalk with District staff. The applicant should provide the District with an easement for any portion of the sidewalk that is not located within the right-of-way. The applicant should also be required to obtain a license agreement for any landscaping located in the Locust Grove Road right-of-way. 11. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road in its ultimate location. The sidewalk should be located no closer than 28- feet from the centerline of the right-of-way. Provide the District with an easement for any portion ofthe sidewalk that is not located within the right-of-way. 111. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove 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. 3. Construct a separate westbound left-turn lane on Victory Road at Ascaino Avenue. 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 and taper with District staff. 4. Construct Ascaino Avenue to intersect Victory Road approximately 800-feet west of Locust Grove Road and in alignment with the existing driveway on the north side of Victory 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 concrete sidewalks. Ascaino Avenue shall be constructed with 2 I-foot street sections on either side of the proposed center median. DEVELOPMENT AGREEMENT (AZ-03-014) PAGE 6 OF 27 5. Construct Cecina Street to intersect Locust Grove Road approximately 1,175-feet south of Victory Road and in alignment with the existing driveway on the south side of Locust Grove 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 concrete sidewalks. Cecina Street shall be constructed with 21- foot street sections on either side of the proposed center median. 6. Unless otherwise approved by District staff, the applicant shall construct all of the internal roadways; Italy Street, Siena Street, Cecina Street, Arezzo A venue, Mur10 Avenue, Sarteano Avenue and Pienza Street as 36-foot street sections with curb, gutter, and 4-foot wide detached concrete sidewalks (separated from the curb a minimum of 5.feet), within 50-feet of right-of-way as proposed. The applicant shall provide the District with an easement for the portions of the sidewalks that are not located within the right-of-way. 7. Construct Italy Street to the west property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 8. Construct Arezzo Avenue to the south property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 9. Construct a stub street to Parcel # S1130120700 to the west. Said stub street shall either be in alignment with Pienza Street or offset from Pienza Street a minimum of 125-feet (measured centerline to centerline). Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE", Coordinate the sign plan for the stub street with District staff. 10. Any 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. 11. Other than the access points specifically approved with this application, direct lot or parcel access to Victory Road and Locust Grove Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plates). 12. Comply with all Standard Conditions of Approval. DEVELOPMENT AGREEMENT (AZ.03-014) PAGE 7 OF 27 D, Adopt the Recommendations of the Meridian Fire Department as follows: I. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for a 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, Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 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. 5. AU radii shall be 28' inside and 48' outside radius for all internal roads. 6. The roadways shall be built to Ada County Highway Standards with a minimum street width of 36'. UFC 902.2.1 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. During the phased development of the project, two points of access will have to be provided to all points of the project serving more than thirty homes. E. Adopt the Nampa & Meridian Irrigation District Recommendations as follows: 1. The District requires a Land Use Change Application to be filed for review prior to final platting. All laterals and waste ways must be protected. The District's Ten Mile Drain courses along the eastern boundary with a recorded easement of one hundred feet, fifty each side. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable, All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code 31-3805. F. Adopt the Recommendations of the Central District Health Department as follows: DEVELOPMENT AGREEMENT (AZ-03-014) PAGE 8 OF 27 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. 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. G. Adopt the action of the City Council taken at their September 9, 2003 meeting as follows: 1. The developer shall provide a sewer stub from Tuscany Lakes Subdivision to the property owned by Ms. Sue Howard, 7885 South Locust Grove Road, Meridian, Idaho. PRELIMINARY PLAT: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Proposed front yard setbacks on Page 2 should be 12' for living areas and 20' for garages. 2. Page 8, paragraph 4, the third sentence shall read: <<Fencing adjacent to the proposed park shall be non-sight obscuring above four feet in height." The remainder of the sentence shall remain unchanged. 3. Page 8, paragraph 5, modify the note on the plat restricting fencing adjacent to pathways to include the words, .. and adjoining Ten Mile Creek to no greater than four feet." 4. Page 9, add a paragraph 10 stating: "A permanent pedestrian easement in favor DEVELOPMENT AGREErvtENT (AZ-03-0 14) PAGE 9 OF 27 of the City of Meridian shall be recorded on the property adjacent to Ten Mile Creek. Such easement shall be a minimum of20 feet in width and shall be constructed with a ten-foot hard surface pathway prior to the issuance of the first certificate of occupancy for any building within the subdivision. The City of Meridian shall be responsible for the maintenance of the pathway within the easement. The homeowners association shall be responsible for landscaping maintenance within the easement. The instrument number of the recorded easement shall be noted on the Final Plat of the subdivision. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Water service to this site shall be via main line extensions from the existing mains adjacent to the property. Applicant will be responsible for constructing the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 2. Sanitary Sewer service to this site shall be via main line extensions from the existing Trunk line installed adjacent to the property as part of the Tuscany Lakes project. Applicant will be responsible for constructing the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. The applicant has proposed an alternate route for the Ten Mile Trunk through the proposed project instead of following the City of Meridian's Master Plan, and previously approved routing that was approved with Tuscany Lakes, which follows the master plan route down Victory Road and Locust Grove Road. (See H.I. here in below pursuant to action of the City Council taken at their September 9, 2003 meeting on the sanitary sewer service main line extension.) 3. The applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained by 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. 4. A detailed fencing plan shall be submitted upon application of the final plat. A solid fence shall be required around the perimeter of the subdivision unless the DEVELOPMENT AGREEi\1ENT (AZ-03-014) PAGE 10 OF 27 City agrees in writing that such a fence is not required. Fencing adjacent to the proposed park shall be 4' in height (to increase the visibility of the park) and depicted in the fencing plan. A note restricting the fencing adjacent to the park shall be added to the Final Plat. 5. Submit a detailed landscaping depicting the playground equipment to be added to the proposed neighborhood park and a detailed plan for the proposed storm drain ponds. 6. Add or revise the following preliminary plat notes: .Add a note to the face of the plat that restricts fencing adjacent to the pathways within the subdivision to being no greater than four feet in height if solid sight- obscuring material is used for fence construction, 7, Ten (10) copies of the revised plat was submitted to the City Clerk's Office for this plat. 8. Add a stub street to provide access to the Locust Grove Grange property per the recommendation of ACHD. 9. The applicant has not indicated whether the project is to be phased. Ifthis project is to be phased, revise the plat to indicate phase lines. 10. Submit all updated groundwater/soils monitoring data to the Public Works Department for review. The original study report was prepared by the subdivision engineer, instead of a soils scientist as required by the City of Meridian, The applicant has indicated that Associated Earth Sciences has indicated that shallow groundwater may be a factor, particularly in the northwest corner of the development. 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. The project engineer should pay close attention to the results offield studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer 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. DEVELOP:MENT AGREEMENT (AZ-03-014) PAGE 11 OF 27 C. Adopt the Recommendations of ACHD as follows: A. Site Specific Conditions of Approval 1. This section of Victory Road is not listed as a proposed project in the District's currently adopted Five Year Work Program, but is in the currently adopted 20-year Capital Improvements Program. However, the applicant may receive reimbursement for dedicated right-of-way from available collected impact fees, only if the roadway is listed in the current CIP at the time of plan/plat approval. The ACHD Board of Commissioners authorizes the expenditure of available collected impact fees for the purchase of right-of-way dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, iffunds cannot be secured, the applicant shall do one of the following: i. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) an additionallO-feet of right-of-way along Victory Road (35-feet total from centerline), and construct a minimum 5-foot wide concrete sidewalk along Victory Road in its ultimate location (minimum 28-feet from centerline). Coordinate the location and elevation of the sidewalk with District staff. The applicant should provide the District with an easement for any portion of the sidewalk that is not located within the right-of-way. The applicant should also be required to obtain a license agreement for any landscaping located in the Victory Road right-of-way. ii. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Victory Road in its ultimate location. The sidewalk should be located no closer than 28- feet from the centerline of the right-of-way. Provide the District with an easement for any portion of the sidewalk that is not located within the right-of-way. iii. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Victory 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. DEVELOPMENT AGREEMENT (AZ-03-014) PAGE 12 OF 27 2. This section of Locust Grove Road is 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 additionallO-feet of right-of-way along Locust Grove Road (35-feet total from centerline), and construct a minimum 5- foot wide concrete sidewalk along Locust Grove Road in its ultimate location (minimum 28-feet from centerline). Coordinate the location and elevation of the sidewalk with District staff. The applicant should provide the District with an easement for any portion of the sidewalk that is not located within the right-of-way. The applicant should also be required to obtain a license agreement for any landscaping located in the Locust Grove Road right-of-way. 11. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road in its ultimate location. The sidewalk should be located no closer than 28-feet from the centerline of the right-of-way. Provide the District with an easement for any portion ofthe sidewalk that is not located within the right-of-way. lll. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove 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, 3. Construct a separate westbound left-turn lane on Victory Road at Ascaino A venue. 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 and taper with District staff. 4. Construct Ascaino Avenue to intersect Victory Road approximately 800-feet west of Locust Grove Road and in alignment with the existing driveway on the north side of Victory Road, as proposed. The street shall be constructed with a 36-foot street section within 50-feet ofright-of-way with curb, gutter and concrete DEVELOPMENT AGREEMENT (AZ-03-014) PAGE 13 OF 27 sidewalks. Ascaino Avenue shall be constructed with 21-foot street sections on either side of the proposed center median. 5. Construct Cecina Street to intersect Locust Grove Road approximately 1,175-feet south of Victory Road and in alignment with the existing driveway on the south side of Locust Grove 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 concrete sidewalks. Cecina Street shall be constructed with 21-foot street sections on either side of the proposed center median. 6. Unless otherwise approved by District staff, the applicant shall construct all of the internal roadways; Italy Street, Siena Street, Cecina Street, Arezzo Avenue, Murlo Avenue, Sarteano Avenue and Pienza Street as 36-foot street sections with curb, gutter, and 4-foot wide detached concrete sidewalks (separated from the curb a minimum of 5-feet), within 50-feet of right-of-way as proposed. The applicant shall provide the District with an easement for the portions of the sidewalks that are not located within the right-of-way. 7. Construct Italy Street to the west property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 8. Construct Arezzo Avenue to the south property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 9. Construct a stub street to Parcel # S1130120700 to the west. Said stub street shall either be in alignment with Pieuza Street or offset from Pieuza Street a minimum of 12S-feet (measured centerline to centerline). Install a sign at the terminus ofthe roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 10. Any landscape islands/medians within the public right-of-way dedicated by this plat shall be ovmed and maintained by a homeowners association. Notes of this shall be required on the final plat. 11. Other than the access points specifically approved with this application, direct lot or parcel access to Victory Road and Locust Grove Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plates), DEVELOPrvtENT AGREEMENT (AZ-03-0 14) PAGE 14 OF 27 12, Comply with all Standard Conditions of Approval. 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 a duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 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. 5. All radii shall be 28' inside and 48' outside radius for all internal roads. 6. The roadways shall be built to Ada County Highway Standards with a minimum street width of36'. UFC 902.2.1 7. The phasing p.lan 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. During the phased development of the project, two points of access will have to be provided to all points ofthe project serving more than thirty homes. E, Adopt the Recommendation ofNampa & Meridian Irrigation District as follows: 1. The District requires a Land Use Change Application to be filed for review prior to final platting. AU laterals and waste ways must be protected. The District's Ten Mile Drain courses along the eastern boundary with a recorded easement of one hundred feet, fifty each side. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code 31-3805. F. Adopt the Recommendations of the Central District Health Department as DEVELOPMENT AGREEMENT (AZ-03-014) PAGE 15 OF 27 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. 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 stormwater management system that prevents groundwater and surface water degradation. G. Adopt the Meridian Parks and Recreation Departments Recommendations as follows: 1. Build path to recommended pathway standards. H. Adopt the action of the City Council taken at their September 9, 2003 meeting as follows: 1. For clarification: The applicant is allowed a revision to the Sewer Master Plan alignment for the 27" sewer downstream of the Tuscany property. The revision is a minor realignment to the overall Master Plan that maintains the intent to provide major sewer "backbone" infrastructure from the northwest to the southeast, as the City grows to the south. Future developments in the area will connect to the trunk line accessible in Victory Road and Locust Grove Road with smaller sewer mains. The applicant has constructed the 27" sewer trunk within 1 ,200 feet of that intersection. The applicant shall be allowed to extend the 27" sewer across a 33-acre parcel, and therefore the extension does not have to be extended to the comer of Locust Grove and Victory south of Locust Grove. Additionally, the applicant has agreed to cost share the expense oftaking the sewer line from the edge of their property to the corner of Locust Grove and Victory Road and shall enter into a private cost sharing agreement with Quasar Development to build a 10" sewer line DEVELOPMENT AGREEMENT (AZ~03-0 14) PAGE 16 OF 27 from the 27" sewer line located interior to Tuscany project to the intersection of Locust Grove and Victory Road. If Quasar Development does not desire to enter into a private cost sharing agreement, then the applicant shall satisfy the standard full-frontage condition policy to extend the 10" sewer line beneath the Ten Mile Drain at their east property boundary at applicant's sole cost. Quasar or any other development could subsequently connect to the sewer line within the right-of-way of Victory Road. 2, The City Council also acknowledges the applicants response letter dated August 7,2003, and which is on file in the City Clerk's office located at 33 E. Idaho Street. CONDITIONAL USE PERMIT: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Change proposed setbacks on page 2 of staff report to front 12 feet for living area and 20 feet for garage. 2. Change page 12, paragraph three to read: The reductions to footage and minimum lot sizes, as well as the request to exceed block length maximums, are approved with one change in that the front setbacks for garages will be 20 feet. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC COMMENTS (Conditional Use Permit) 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 3. The reductions to the frontage and minimum lot sizes; as well as the request to exceed block length maximums are approved as submitted, DEVELOPMENT AGREEMENT (AZ-03-014) PAGE 17 OF 27 C, Adopt the Recommendations of the Meridian Fire Department as follows: 1, One and two family dwellings will require a fire- flow ofI ,000 gallons per minute available for a duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 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. 5. All radii shall be 28' inside and 48' outside radius for all internal roads. 6. The roadways shall be built to Ada County Highway Standards with a minimum street width of 36'. UFC 902.2.1 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. During the phased development of the project, two points of access will have to be provided to all points of the project serving more than thirty homes. D. 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. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. DEVELOPMENT AGREEMENT (AZ-03-014) PAGE 18 OF 27 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. 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 "OwnerslDeveloper" or "Owner/Developer'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: "OwnerlDeveloper" 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 "Owner/Developer" and if the "Owner/Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "OwnerlDeveloper" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 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 tbis Agreement in connection with the "Property", this Agreement DEVELOPIvfENT AGREEIvfENT (AZ-03-0 14) PAGE 19 OF 27 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 "OwnerlDeveloper" 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 "OwnerIDeveloper's" cost, and submit proof of such recording to "Owner/Developer", prior to the third reading of the Meridian Zoning Ordinance in cOlmection with the annexation and zoning of the "Property" by the City Council. lffor 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 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 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 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. DEVELOPMENT AGREEMENT (AZ-03-014) PAGE 20 OF 27 13.2 In the event the performance of any covenant to be performed 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" agree 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: CITY: OWNERlDEVELOPER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 Tuscany Development, Inc. PO Box 344 Meridian, Idaho 83680 with copy to: DEVELOPMENT AGREEMENT (AZ-03-014) PAGE 21 OF 27 City Clerk City of Meridian 33 E. Idaho Ave, Meridian,ID 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/Developer" 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 of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner/Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision oftms Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised DEVELOPlvIENT AGREEMENT (AZ-03~014) PAGE 22 OF 27 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 "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 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 ofthe 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-03-014) PAGE 23 OF 27 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNERJDEVELOPER: Attest; BY: CITY OF MERIDIAN JI~A CITY CLERK B~F~ , ^~~E ...-""' . ~ ~VVv~ ole- ~,uvd . \\ \ \ \ \ \~1I 1I11.c~ l,{JI/"L CA-l '? ( e ~ oluv>:t ~\\ _I 0 fA 1,,1', " :\.... U,{.., // .:;:........ 0 ;\\f'OP. -11r ~ 2" ~O .....~ ~ :::: "" ()"";- 2 = Attest: - - STATE OF IDAHO) :ss County of Ada ) On this ...sO day of S ~ pit ~_ be..- , in the year 2003, before me, I\Y\Cvr, \ p c,-- L ~oY"\.c L a Notary Public, personally appeared G. v--lS -=s 0 \-, n 5> 0.......... and , ' known or identified to me to be the ~s. ; & e ~ and of TUSCANY DEVELOPMENT, INC., and the persons who executed the instrument and acknowledged to me that they having executed the same on behalf of said TUSCANY DEVELOPMENT, INC. 'l,~uuUUrRq 'l'l~ 111111 ......'I -x,A. L. 11 "'''''''' .... <:0v "oooeoo. 0-1,.. ..~ ~ ,>.,0 "" 0 .. ~ ,\,,".,0 "0 ~ ~ ~ ~ l ~01'A.R}'- C1\ ~ :: : ~ : lEI e ........ . * III (S$t 1:. PUB\.."\ C j i ~ G=:J Q ~ .. ." eo 0" 0 ~ ~. v'"). ". 00 ,",>-' .. ,', ..r1~ OC;CQ-.UlO 0'" ~~ <"-n -nv" "'->. .tlJ OF \Y <:;'J> '--'''' 'l'l'lo , ';!1~DH~D~~~" 'li~idft~ cY ~ Not Public for Idaho Residing at:~~ -::::rc~ Commission expires: q /3o} 011 # . STATE OF IDAHO ) :ss County of Ada ) (\4 f) . l~nn On this 22 day of -- C+nv.}'U l , in the year 2003, before me, a Notary Public, personally appeared.~beli D.~ie ~d William G. Berg, know or identified to me to b~the,MUfe:t:" and perk~c Ive ye:of the City of Meridian, . C{iiJ Co (;:;'f[Cd }'rISltf.e,g.t.. . who executed the mstrument orthe person thar executed the mstrument of behalf of SaId City, and acknowledged to me that such City executed the same. ..allllillllQIiI $~.ON S~'!.~ . ~,,----~~~+. o~~y'o 'fA.J?;:,~~" e "" I ~ ,'t" " iii I , P = fl. iii : : : Notary Public for Idaho . '" , I .. R 'd' &l r ~ ~ j \\. \ / III est mg at: Cf.. L.ol>>! i \ to.. W ..'I>J,i...~1:S--:~<>liI. Commission expires: 1- ~'-O'- ..11EoF1P~< Z:\Work\M\Meridian\Meridian 15~~!tany Village AZ-03-o 14 PP-03-o 15 CUP-03-o29\DevelopAgr.doc (~h(U)((Yl bv)u~ (SEAL) DEVELOPMENT AGREEMENT (AZ-03-014) PAGE 25 OF 27 EXHIBIT A TUSCANY VILLAGE SUBDIVISION A parcel ofland being a portion of the NE Y4 of the NE Y4 of Section 30, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the northeast comer of Section 30, T.3N., R.IE., B.M., tl1ence S 00014'24" W 1322.86 feet to the southeast comer of the NE 'l4 of the NE Y4, the Real Point of Beginning of this description; Thence S 89043'12" W 1315.71 feet to the southwest comer of the NE 'l4 of the NE 'l4; Thence N 00003'18" E 1322.50 feet to the northwest comer of the NE Y4 of the NE 'l4; Thence N 89042'20" E 733.09 feet along the north line of the NE Vi of the NE 'l4 to a point; Thence S 30014'25" E 1157.00 feet to a point on the east line of the NE Vi of the NE Vi; Thence S 00014'24" W 320.28 feet along said east line to the Real Point of Beginning of this description. Said parcel ofland contains 33.26 acres, more or less, DEVELOPMENT AGREEMENT (AZ-03-014) PAGE 26 OF 27 EXHIBIT B Findin2s of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT (AZ-03-014) PAGE 27 OF 27 BEFORE THE MERIDIAN CITY COUNCIL ) ) ) ) ) ) ) ) ) ) ) ) ) The above entitled annexation and zoning application having come on for public hearing IN THE MATTER OF THE APPLICATION FOR ANNEXATION AND ZONING OF 33.26 ACRES FOR PROPOSED TUSCANY VILLAGE, LOCATED AT THE SOUTHWEST INTERSECTION OF VICTORY ROAD AND SOUTH LOCUST GROVE ROAD, MERIDIAN, IDAHO TUSCANY DEVELOPMENT, APPLICANT C/C 09/09/03 Case No. AZ-03-014 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING on September 9, 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, Kent Brown, Matt Schultz, Cathy J errems, Sue Howard, Russ Liddell, and Brent Clayborne, 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 SS 67-6509 and 67-6511, and Meridian City Code S~ 11-15-5 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 TUSCANY VILLAGE - (AZ-03-014) PAGE 1 OF 19 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 33.26 acres in size and is located at the southwest intersection of Victory Road and South Locust Grove 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 owner of record of the subject property is Tuscany Development Corporation. The applicant is Tuscany Development Corporation. 6. The property is presently zoned RUT CAda County) and consists of vacant land. 7. The Applicant requests the property be zoned as R-8 (Medium Density Residential). &, The subject property is bordered to the north by rural residential property, to the south by rural residential property, to the east by rural residential property, and to the west by the Locust Grove Grange and agricultural property. 9. The Applicant proposes to. develop the subject property in the following manner: as a 136 lot residential subdivision with 10 other lots on 33.26 acres in a proposed R-8 zone. 10. 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 Medium Density Residential District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-014) PAGE 2 OF 19 11. There are no significant or scenic features of major importance that affect the consideration of this application. 12. The City Council recognizes the concerns of Quasar Development, expressed in their letter dated August 4,2003. 13. 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 Special Recommendations of the Planning and Zoning Commission as follows: 1. On Page 2 of staff report allow applicant a 12' setback for th~ living area and 20' setback for the garage. 2. On Page 6 of the staff report, delete Items 1 and 2 from annexation and zoning conditions of approval. B. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: ANEXA TION AND ZONING CONDTIONS OF APPRO V AL 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, A Development Agreement shall be required; the following shall be addressed in the Development Agreement: pathway standards and fencing requirements for the pathway and micropaths. 3. Retain alignment with a notice that applicant and neighbors will hold hearing to discuss and present possible options. C. Adopt the Recommendations of the ACHD as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-014) PAGE3 OF 19 Site Specific Conditions of Approval: 1. This section of Victory Road is not listed as a proposed project in the District's currently adopted Five Year Work Program, but is in the currently adopted 20-year Capital Improvements Program. However, the applicant may receive reimbursement for dedicated right-of-way from available collected impact fees, only if the roadway is listed in the current CIP at the time of plan/plat approval. The ACHD Board of Commissioners authorizes the expenditure of available collected impact fees for the purchase of right-of-way dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, if funds cannot be secured, the applicant shall do one of the following: 1. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the app licant' s specific development proj ect) an additional 10- feet of right -of- way along Victory Road (3S-feet total from centerline), and construct a minimum 5-foot wide concrete sidewalk along Victory Road in its ultimate location (minimum 28-feet from centerline). Coordinate the location and elevation of the sidewalk with District staff. The applicant should provide the District with an easement for any portion of the sidewalk that is not located within the right-of-way. The applicant should also be required to obtain a license agreement for any landscaping located in the Victory Road right-of-way. 11. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Victory Road in its ultimate location. The sidewalk should be located no closer than 28-feet from the centerline of the right-of- way. Provide the District with an easement for any portion of the sidewalk that is not located within the right-of-way. iii. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Victory Road, located at the back edge ofthe existing right-of-way (if feasible). Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. This section of Locust Grove Road is 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 additionall O-feet of right-of-way along Locust Grove Road (35-feet total from centerline), and construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road in its ultimate location (minimum 28-feet from centerline). Coordinate the location and elevation of the sidewalk FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-014) PAGE 4 OF 19 with District staff. The applicant should provide the District with an easement for any portion of the sidewalk that is not located within the right-of-way. The applicant should also be required to obtain a license agreement for any landscaping located in the Locust Grove Road right-of-way. 11, Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road in its ultimate location. The sidewalk should be located no closer than 28-feet from the centerline ofthe right-of-way. Provide the District with an easement for any portion of the sidewalk that is not located within the right-of-way. iii. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove 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. 3. Construct a separate westbound left-turn lane on Victory Road at Ascaino Avenue. 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 and taper with District staff. 4. Construct Ascaino Avenue to intersect Victory Road approximately 800-feet west of Locust Grove Road and in alignment with the existing driveway on the north side of Victory 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 concrete sidewalks. Ascaino A venue shaH be constructed with 21-foot street sections on either side of the proposed center median. 5. Construct Cecina Street to intersect Locust Grove Road approximately 1,175-feet south of Victory Road and in alignment with the existing driveway on the south side of Locust Grove 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 concrete sidewalks. Cecina Street shall be constructed with 21- foot street sections on either side of the proposed center median. 6. Unless otherwise approved by District staff, the applicant shall construct all of the internal roadways; Italy Street, Siena Street, Cecina Street, Arezzo Avenue, Murlo Avenue, Sarteano Avenue and Pienza Street as 36-foot street sections with curb, gutter, and 4-foot wide detached concrete sidewalks (separated from the curb a minimum of 5- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-014) PAGE 5 OF 19 feet), within 50-feet of right. of. way as proposed. The applicant shall provide the District with an easement for the portions of the sidewalks that are not located within the right-of- way. 7. Construct Italy Street to the west property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 8. Construct Arezzo Avenue to the south property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 9. Construct a stub street to Parcel # S 1130 120700 to the west. Said stub street shall either be in alignment with Pienza Street or offset from Pienza Street a minimum of 125-feet (measured centerline to centerline). Install a sign at the terminus of the roadway stating that, "TillS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 10. Any landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes ofthis shall be required on the final plat. 11. Other than the access points specifically approved with this application, direct lot or parcel access to Victory Road and Locust Grove Road is prohibited, Lot access restrictions, as required with this application, shall be stated on the final plates). 12. Comply with all Standard Conditions of Approval. D. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for a duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 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. 5. All radii shall be 28' inside and 48' outside radius for aU internal roads. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-0 14) PAGE 6 OF 19 6. The roadways shall be built to Ada County Highway Standards with a minimum street 'width of36'. UFC 902,2.1 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. During the phased development of the project, two points of access will have to be provided to all points ofthe project serving more than thirty homes. E. Adopt the Nampa & Meridian Irrigation District Recommendations as follows: I, The District requires a Land Use Change Application to be filed for review prior to final platting. All laterals and waste ways must be protected. The District's Ten Mile Drain courses along the eastern boundary with a recorded easement of one hundred feet, fifty each side. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code 31-3805. 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 Envirorunental 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 stormwater management system that prevents groundwater and surface water degradation. G. Adopt the action ofthe City Council taken at their September 9,2003 meeting as follows: 1. The developer shall provide a sewer stub from Tuscany Lakes Subdivision to the property owned by Ms. Sue Howard, 7885 South Locust Grove Road, Meridian, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-014) PAGE 7 OF 19 Idhao. 14. It is found that the requested zoning designation, R-8, is harmonious with and in accordance with the effective Comprehensive Plan ('02) and the Generalized Land Use Map, which designates the land to be "Medium Density Residential". The Comprehensive Plan also indicates that the subject property should have a multi-use pathway running. north-south through the subdivision along the Ten Mile Creek. Page 54 of the Comprehensive Plan addresses the issue of pathways 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". The applicant has indicated that they will construct a 10' asphalt multi-use pathway along the Ten Mile Creek. 15. The area has been designated as a Medium Density Residential area in Meridian's Comprehensive Plan and is located on Victory Road at the southwest intersection of Locust Grove Road and Victory Road. The applicant has not indicated that they intend to rezone the subject property in the future. 16. It is found that the proposed single family residential subdivision would be allowed within the requested R-8 zone, if accompanied with a Conditional Use Permit for a Planned Development. 17. It is found that the land to the southeast of the subject property has been developed as residential subdivisions similar to the proposed subdivision. It is found that the requested zoning designation ofR-8 is harmonious with the recently approved adjacent developments and it would be appropriate to rezone theyroperty as requested, 18. It is found that the proposed use (single family residential) will be harmonious with FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-014) PAGE 8 OF 19 the existing character of the area. 19. It is not anticipated that the proposed residential uses will be hazardous or disturbing to future or existing neighbors. 20. It is found that the property to be annexed will or can be served adequately by all essential public facilities and services. Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby makirig them available to the adjacent properties. ACHD and Meridian's Fire Department have provided comments indicating standard conditions of approval. 21. It is found that the proposed subdivision will not result in excessive additional requirements at public cost for public services and facilities. Infrastructure to service the proposed plarmed development is in close proximity to the subject property and the subject property is accessible off of an existing road network. Subsequently, the annexation and zoning will not be detrimental to the community's economic welfare. 22. The fact is recognized 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. 23. It is found that the subdivision's vehicular approaches off V ictory Road will not cause significant interference on the surrounding public streets. Review of ACHD comments will show concerns of vehicular approaches and traffic generation. 24. The proposed subdivision will not result in the loss or damage of a natural or scenic feature of major importance. The site does not contain any natural or scenic features of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-014) PAGE 9 OF 19 major importance. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. 25. It is found that services are available to the site and that the inclusion of a pathway that will become a part of Meridian's pathway system makes the annexation ofthis property in the best interest of the City. 26. 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. 13, 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. 25. It is also found that the development considerations as referenced in Finding No. 13 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ~03-014) PAGE 10 OF 19 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 Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take 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 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 zoning of (R-8) Medium Density Residential 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 permit the establishment of single- and two-family attached 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 oflarge homes into two-family dwellings in well- established neighborhoods of comparable land use. Cormection to the Municipal water and sewer systems of the City is required. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City 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 FlNDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING TUSCANY VILLAGE - (AZ-03-0 14) PAGE 11 OF 19 Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section ll-16A 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 33.26 acres to Medium Density Residential (R-8), is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 33.26 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 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 conditions of development, to-wit A. Adopt the Special Recommendations ofthe Planning and Zoning Commission as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-014) PAGE 12 OF 19 1. On Page 2 of staff report allow applicant a 12' setback for the living area and 20' setback for the garage. 2. On Page 6 ofthe staff report, delete Items 1 and 2 from annexation and zoning conditions of approval. B. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows; ANEXATION 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. A Development Agreement shall be required; the following shall be addressed in the Development Agreement: pathway standards and fencing requirements for the pathway and micropaths. 3. The applicant and neighbors have held discussions and have also presented possible options on the sewer aligrunent issue. C. Adopt the Recommendations of the ACHD as follows; Site Specific Conditions of Approval: 1. This section of Victory Road is not listed as a proposed project in the District's currently adopted Five Year Work Program, but is in the currently adopted 20-year Capital Improvements Program. However, the applicant may receive reimbursement for dedicated right-of-way from available collected impact fees, only if the roadway is listed in the current CIP at the time of plan/plat approval. The ACHD Board of Commissioners authorizes the expenditure of available collected impact fees for the purchase of right-of-way dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, if funds cannot be secured, the applicant shall do one of the following: 1. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) an additional 10-feet of right-of-way along Victory Road (35-feet total from centerline), and construct a minimum 5-foot wide concrete sidewalk along Victory Road in its ultimate location (minimum 28-feet from centerline). Coordinate the location and elevation of the sidewalk with District staff. The applicant should provide the District with an easement for any portion of the sidewalk that is not located within the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTIN"G APPLICATION FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-014) PAGE 13 OF 19 right-of-way. The applicant should also be required to obtain a license agreement for any landscaping located in the Victory Road right-of-way. 11. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Victory Road in its ultimate location. The sidewalk should be located no closer than 28-feet from the centerline of the right-of- way. Provide the District with an easement for any portion of the sidewalk that is not located within the right-of-way. 111. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Victory 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. 2. This section of Locust Grove Road is 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 additionallO-feet of right-of-way along Locust Grove Road (35-feet total from centerline), and construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road in its ultimate location (minimum 28-feet from centerline). Coordinate the location and elevation of the sidewalk with District staff. The applicant should provide the District with an easement for any portion of the sidewalk that is not located within the right-of-way. The applicant should also be required to obtain a license agreement for any landscaping located in the Locust Grove Road right-of-way. 11. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road in its ultimate location. The sidewalk should be located no closer than 28-feet from the centerline of the right-of-way. Provide the District with an easement for any portion of the sidewalk that is not located within the right-of-way. lll. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove 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. 3. Construct a separate westbound left-turn lane on Victory Road at Ascaino Avenue. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TUSCANY VILLAGE ~ (AZ-03-014) PAGE 14 OF 19 chosen, the necessary right-of-way needed to constlUct the subject auxiliary lane shall be dedicated with the abutting frnal 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 and taper with District staff. 4. Construct Ascaino Avenue to intersect Victory Road approximately 800-feet west of Locust Grove Road and in alignment with the existing driveway on the north side of Victory 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 concrete sidewalks. Ascaino Avenue shall be constructed with 2 I-foot street sections on either side of the proposed center median. 5. Construct Cecina Street to intersect Locust Grove Road approximately 1,175-feet south of Victory Road and in alignment with the existing driveway on the south side of Locust Grove 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 concrete sidewalks. Cecina Street shall be constructed with 21-foot street sections on either side of the proposed center median. 6. Unless otherwise approved by District staff, the applicant shall constlUct all of the internal roadways; Italy Street, Siena Street, Cecina Street, Arezzo Avenue, Murlo Avenue, Sarteano Avenue and Pienza Street as 36-foot street sections with curb, gutter, and 4-foot wide detached concrete sidewalks (separated from the curb a minimum of 5- feet), within 50-feet of right-of-way as proposed. The applicant shall provide the District with an easement for the portions of the sidewalks that are not located within the right-of- way. 7. Construct Italy Street to the west property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 8. Construct Arezzo Avenue to the south property line, as proposed'. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 9. Construct a stub street to Parcel # S1130120700 to the west. Said stub street shall either be in alignment with Pienza Street or offset from Pienza Street a minimum of 125-feet (measured centerline to centerline). Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 10. Any landscape islands/medians within the public right-of-way dedicated by this plat shall FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-014) PAGE 15 OF 19 be owned and maintained by a homeowners association. Notes ofthis shall be required on the final plat. 11. Other than the access points specifically approved with this application, direct lot or parcel access to Victory Road and Locust Grove Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plates). 12. Comply with all Standard Conditions of Approval. D. Adopt the Recommendations ofthe Meridian Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for a duration of 2 hours to service the entire proj ecl. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix Ill-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 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. 5. All radii shall be 28' inside and 48' outside radius for all internal roads. 6. The roadways shall be built to Ada County Highway Standards with a minimum street width of 36'. UFC 902.2.1 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. During the phased development of the project, two points of access will have to be provided to all points of the proje~.( serving more than thirty homes. E. Adopt the Nampa & Meridian Irrigation District Recommendations as follows: 1. The District requires a Land Use Change Application to be filed for review prior to final platting. All laterals and waste ways must be protected. The District's Ten Mile Drain courses along the eastern boundary with a recorded easement of one hundred feet, fifty each side. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-014) PAGE 16 OF 19 .(:: . developer must comply with Idaho Code 31-3805. F. Adopt the Recorn:rnendations 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 obtain current best management practices for stonnwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. G. Adopt the action of the City Council taken at their September 9,2003 meeting as follows: 1. The developer shall provide a sewer stub from Tuscany Lakes Subdivision to the property owned by Ms. Sue Howard, .7885 South Locust Grove Road, Meridian, Idaho. 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. 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 an~ zoning maps as provided in Meridian City Code 9 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-014) PAGE 17 OF 19 ., 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 9 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. O..-;Jr~ By action of the City Council at its regular meeting held on the ?-:? - day of rN-P~~ , ,2003. ROLL CALL COUNCILMAN KEITH BIRD VOTED~ COUNCILWOMAN TAMMY deWEERD VOTED-kV COUNCILWOMAN CHERIE Mc CANDLESS VOTED $/L- COUNCILMAN WILLIAM L.M. NARY VOTED~{.../ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-014) PAGE 18 OF 19 . ~ ~- MA YOR ROBERT D. CORRIE (TIE BREAKER) DATED: 9-- 2J-tJ3 - VOTED MOTION: APPROVED: X DISAPPROVED: ~.tfIAL 7& {? ~ -::.. -0 Q/. ....C!i 0 ~ -~ '<> ve.,. 1S1 ' X1:,f' ~--;.. =1 .Q 'f)~ ~y Copy served upon Applicant, the Planning aii:'{hk~1]jeD~ent, Public Works Department and h C.ty Art /JllllIH 111\\'\\ \\\\IIHI1lI./J1/1 tel orney. ,\\\\ OF Njl::"" 1111/ ......>' ~"{ '-i)'!b/. ///// ;2':' CJ" cP?polVl1: ~1- % ~~ ~ <-'0 S Dated; 9...-Z3/t/5F BEAL ~ ~ crt):= ~? o&, ....,q) ~ <-'\, '&-,. 181' . -.p $" ~}' ~.~.... Z:\Work\M\Meridian\Meridian I 5360M\Tuscany Village AZ-03-D I 4 PP-D3-D 15 CUP-03-D29V\ZFfCl&6t,,;QvNrf , \Q" \"....... 1IIIfl/lllllllll\\\\ ~ Attest: .... c;~ ~PMcf'~../- ByJit.L:~ ~9- City Clerk FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TUSCANY VILLAGE ~ (AZ-03-014) PAGE 19 OF 19 ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 10/30/03 11:06 AM DEPUTY Bonnie Oberbillig RECORDED-REQUEST OF Meridian City AMOUNT .00 52 111111111111111111111111111111111I111 113318414(1 r DEVELOPMENT AGREEMENT \ \}" \\') PARTIES: 1. 2. 3. City of Meridian Ada County Highway District, Owner Sundance Investments Limited Partnership or assigns, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this 2-(\(.\ day of Oe-lobvy ,2003, by and between CITY OF MERIDIAN, a municipal corporation of the State ofIdaho, hereafter called "CITY", and ADA COUNTY HIGHWAY DISTRICT, hereinafter called "OWNER", whose address is 318 E. 37th Street, Garden City, Idaho 83714-6418, and SUNDANCE INVESTMENTS LIMITED PARTNERSHIP OR ASSIGNS, hereinafter called "OWNERlDEVELOPER", whose address is 9100 West Blackeagle Drive, Boise, Idaho 83709. 1. RECITALS: 1.1 WHEREAS, "OWNER" and "Owner" /Developer" are the so Ie owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, LC. g67-651 lA, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owner" or "OWNERlDeveloper" make a written commitment concerning the use or development of the subject "Properti'; 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" and "Owner/Developer" have submitted an application for annexation and zoning of the "Property's" DEVELOP1v1ENT AGREE1v1ENT (AZ-03-016) PAGE 1 OF 29 described in Exhibit A, and has requested a designation of (C-G) General Retail And Service Commercial District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owner" and "Owner/Develope"r" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the :2.~ rei day of 3epklfYLfw'u 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 referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the "Owner" and "Owner/Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "O\VNER" and "O\VNER/DEVELOPER" deem it to be in their 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" and "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 DEVELOPMENT AGREEMENT (AZ-03-016) PAGE 2 OF 29 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 August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. 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 oftms Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue ()flaw of the State ofIdaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER": means and refers to Ada County Highway District, whose address is 318 E. 37th Street, Garden City, Idaho 83714- 6418, the party developing said "Property" and shall include any subsequent owner( s)/ developer( s) of the "Property". 3.3 "OWNERlDEVELOPER": means and refers to Sundance Investments Limited Partnership or assigns, whose address is 9100 West Blackeagle Drive, Boise, Idaho 83709, 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", attached hereto and by this reference incorporated herein as if set forth at length. DEVELOPMENT AGREEMENT (AZ-03-016) PAGE 3 OF 29 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement include those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 (K) at the time of execution of this Agreement, and such further uses as may be allowed and any revisions thereto. Uses will be governed by the Planned Development application approved for Silverstone Business Campus. See File CUP-03-044 for a list of all approved uses. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 4.3 Latecomer Fee: "Owner" and "Owner/Developer" shall be entitled to receive Latecomer Fees based on an agreement to be negotiated between "Owner" and "OwnerlDeveloper" and "City". 5. DEVELOPMENT IN CONDITIONAL USE: "Owner" and "OwnerlDeveloper" are required to submit to "City" an application for conditional use permit, 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" . 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.A "Owner" and "OwnerlDeveloper" shall develop the "Property" in accordance with the following special conditions: A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: 1. Before the City approves any of the proposed uses that are not permitted in the C-G zone, the Applicant shall submit a Planned Development application and receive approval for all such uses. 2. This Development Agreement shall be generally consistent with and utilize the same format as the recorded DA for Silverstone Corporate Center. The DA shall require that all uses, development standards and standards within the subdivision be defined through DEVELOPMENT AGREEMENT (AZ-03-0 16) PAGE 4 OF 29 a Planned Development application for the subject property. The list of uses shown in Exhibit C of the Silverstone Business Campus annexation application is not approved and shall be amended through a separate Planned Development application. B. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approval 1. The Board of Commissioners authorizes the expenditure of available collected impact fees, or other District funds, if available, for the purchase of right-of-way dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, if funds cannot be secured, the applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) an additional 23-feet of right-of- way along Overland Road, and construct a minimum 5-foot wide concrete sidewalk along Overland Road, located a minimum of 41-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 Overland Road, located a minimum of 41-feet from the centerline of the right-of-way, in an easement provided to the District. c. Provide a road trust deposit in the amount of$26,660.00 to be used for future sidewalk construction along the applicant's property. 2. Construct a commercial roadway that intersects Overland Road approximately 400-feet east of Silverstone Way to align with Jade Avenue, as proposed. 3. Construct a commercial roadway that intersects Overland Road approximately 1,150-feet east of Silverstone Way to align with Topaz Avenue, as proposed. *****The applicant has proposed to construct the internal roadways as commercial roadways. The proposed street section will accommodate for vehicular traffic that is anticipated to be generated by this site. It appears that the City's comprehensive plan wishes to have bike lanes at/near the half-mile. The commercial street section that is proposed will not accommodate for bike lanes. DEVELOPMENT AGREEMENT (AZ-03-016) PAGE 5 OF 29 If the City requires the applicant to construct the roadway as a collector, the City should require the roadways to be constructed as 46-foot street section within 70- feet of right-of-way. This would allow for 3-traffic lanes with curb, gutter, bike lanes and a detached 5~foot sidewalk. 4. Construct the internal roadways as 40-foot street sections with curb, gutter and 5- foot concrete sidewalk within 54-feet of right-of-way, as proposed. 5. Extend an existing stub street (Copper Point Way) from the west property line approximately 160-feet north of the south property line, as proposed. 6. Extend Copper Point Way as a stub street to the east property line approximately 305-feet north of the south property line, as proposed. Install a sign at the terminus of the roadway stating that, lITHIS ROAD WILL BE EXTENDED IN THE FUTURE". 7. Extend Knapp A venue from the south property line. 8. lfthe applicant would like a third access point to Overland Road, construct a 35- foot wide shared driveway that intersects Overland Road approximately 600-feet west of the east property line and aligns with the existing driveway at 3820 Overland Road. 9. If the applicant develops before the Overland Road project, construct a center turn lane for ALL of the approved access points that intersect Overland Road. Provide a minimum of IOO-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. Dedicate sufficient right-of-way to accommodate for the turn lanes that have been identified by the traffic impact study. 10. Construct right-turn lanes for ALL of the approved access points that intersect Overland Road. 'as they become warranted. Coordinate the design of the taper with District staff. Dedicate sufficient right-of-way to accommodate for the tum lanes that have been identified by the traffic impact study. **The applicant is required to provide a financial surety for the construction of the right turn lanes on Overland Road. Once the turn lanes have been constructed or the District has entered into a contract for the construction of this segment of Overland Road, the financial surety will be released. DEVELOPMENT AGREEMENT (AZ-03~016) PAGE 6 OF 29 11. Identify and complete the proposed wetlands mitigation that was proposed as a part of the Silverstone Corporate Center Subdivision in accordance with the wetlands mitigation permit that was issued by the United States Army Corps of Engineers. 12. Provide the District with a parcel that is equal to and greater in value and size than the previous parcel. 13. Provide the District with drainage calculations and drawings showing that the newly proposed pond will have a capacity that is equal to or greater in storage area than the previous parcel and will function at a level that is equal to or greater than what the District had originally designed. 14. Install an adequately sized drainage pipe that will extend from the proposed drainage pond to Overland Road through the Topaz Avenue right-of-way. 15. Provide the District with sufficient access to the site by providing the District by providing public road frontage and a permanent easement through the adjoining parking lot for additional access to the pond. 16. If the applicant chooses to landscape the drainage pond, the applicant shall obtain a license agreement for all landscaping that is proposed within the District's right- of-way, drainage pond or easement. The applicant is required to have all landscape and sprinkler plans reviewed and approved by the ACHD Drainage Division. 17. Other than the access points that have specifically been approved witll this application, direct lot or parcel access to Overland Road is prohibited. Notes of this are required to be placed on the final plat. 18. Comply with all Standard Conditions of Approval. ACHD 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. DEVELOPI\1ENT AGREEI\1ENT (AZ-03-0 16) PAGE 7 OF 29 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 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. DEVELOPrvIENT AGREErvIENT (AZ-03-0 16) PAGE 8 OF 29 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. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow consistent with Appendix ill-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 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 radii shall be 28' inside and 48' outside radius for all entrances and internal roads. 6. All fire lanes shall have an unobstructed width of20' . UFC 902.2.1 D. Adopt the action of the City Council taken at their September 2, 2003 meeting as follows: 1. For clarification: a. The applicant stated at the September 2, 2003 meeting that the drainage lot may not be as shown on the present plat that has already been submitted. The applicant shall be allowed flexibility on the actual size of the retention area only until the final engineering of the project is complete. b. The applicant shall be allowed to work with ACHD to address the access points, the issues along Overland Road, the curb cuts and street improvements, and safety issues along Overland Road. DEVELOPMENT AGREEMENT (AZ-03-016) PAGE 9 OF 29 c. Pertaining to the any ACHD comments which are incorporated above, if ACHD modifies their report, then the applicant shall be required to comply with the modified requirements of ACHD. d. Per a letter submitted by Trevor C. Roberts dated August 29, 2003, he clarifies that the southeast comer of the parcel that a portion ofthe land will be used for a future roadway to be connected to a bridge crossing the Ridenbaugh Canal, and such shall be shown on the Plat. PRELIMINARY PLAT CONDITIONS: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Sanitary sewer service to this site will be from an extension of the Five Mile Trunk. The applicant will be responsible to construct lateral sewer mains, as well as extending the Five Mile Trunk, to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer mains will not be allowed within landscape areas, beneath landscape islands, and manholes will not be allowed in parking and loading areas. The applicant shall be subject to latecomers' fees. Payment of the latecomer's fee for each phase is required prior to signature on the final plat map of each phase by the City Engineer. 2. Water service to this site will be from an extension of existing water mains in Overland and E. Copper Point Street. The applicant will be responsible to construct water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. The applicant shall be subject to applicable water main latecomers' fees. Payment of the latecomer's fee for each phase is required prior to signature on the final plat map of each phase by the City Engineer. 3. The sidewalks shall be detached along Overland Road and a minimum 5-foot-wide landscaped parkway shall be installed between the edge of pavement and sidewalk in accordance with M CC 12-13. A 5- foot-wide sidewalk shall also be required along all public streets on the interior ofthe subdivision. 4. In accordance with Finding A, construct a new commercial stub street on the east side of Lot 9. Block 4 that will be in alignment with the stub street approved with DEVELOPMENT AGREEMENT (AZ-03-0 16) PAGE 10 OF 29 Sutherland Farm Subdivision. Said stub street shall be constructed in compliance with ACHD width and design standards. 5. A permanent pedestrian easement, in favor of the City of Meridian, shall be recorded adjacent to the south side of the Eight Mile Drain. The easement shall be sufficient width to cover the 10-wide pathway shown. Buildings are precluded from constructing within this easement. The 10- foot wide hard surfaced pathway shall be constructed and fully improved prior to the issuance of the first Certificate of Occupancy for any building within the subdivision. Additionally, a note shall be added to the face of the final plat indicating the City of Meridian is responsible for the maintenance of the pathway surface located within the easement. The note shall also indicate who will be responsible for landscaping maintenance within the easement. 6. All perimeter lots along E. Overland Road are subject to a minimum 35-foot wide landscape easement. This street buffer shall be designed in accordance with MCC 12- 13-10. The Silverstone Business Association shall maintain said easement and all common area lots within the subdivision. 7. The preliminary landscape plan (Sheet L-l, dated 5/16/03 by The Land Group) is approved with the exception of the proposed signage on Overland Road. All signage for the subdivision must be approved through a separate Planned Sign Program application. No signage is permitted until said application is submitted and approved by the Planning & Zoning Department. 8. 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. 9. Landscaping within Lot 7, Block 2, the ACHD common/drainage lot, shall be designed in al.'wrdance with MCC 12-13-14, unless otherwise approved by the Planning & Zoning Department. 10. A detailed landscape plan, in compliance with MCC 12-13, shall be submitted with the final plat application. 11. A detailed fencing plan shall be submitted upon application of the final plat. Any fencing adjacent to the Eight Mile Drain shall be open vision and non- combustible, unless the City otherwise agrees in writing. DEVELOPMENT AGREEMENT (AZ-03-016) PAGE 11 OF 29 12. The wetlands area adjacent to the west boundary shall be maintained in accordance with all U.S. Corps of Engineers and other agency requirements. Evidence of full compliance with wetland mitigation shall be submitted to the City prior to signature of the final plat. 13. Applicant has not indicated who will own and maintain the pressurized irrigation system within this development. The applicant shall be required to provide a backup source to the pressurized irrigation system. The Public Works Department as part of the development plan-review process shall review plans and specifications for the irrigation system. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. PRELIMINARY PLAT GENERAL REQUIREMENTS 1. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3, Assessment fees for water and sewer service are determined during the building plan review process. 4. Two-hundred-fifty-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 5. Underground, year-round pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Due to the size oflandscaped area, primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 6. 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 DEVELOPMENT AGREEMENT (AZ-03-016) PAGE 12 OF 29 plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 7. Show all existing and proposed easements for irrigation/drainage facilities located within the boundaries of this proposed development (i.e., Eight Mile Drain easement). 8. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be .used for non-domestic purposes such as landscape irrigation. 9. Provide five-foot-wide sidewalks throughout development in accordance with City Ordinance. 10. All construction shall conform to the requirements of the Americans with Disabilities Act. B. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. The Board of Commissioners authorizes the expenditure of available collected impact fees, or other District funds, if available, for the purchase of right-of-way dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, if funds cannot be secured, the applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) an additiQna123-feet ofright-of~ way along Overland Road, and construct a minimum 5-foot wide concrete sidewalk along Overland Road, located a minimum of 41-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 Overland Road, located a minimum of 41- feet from the centerline of the right-of-way, in an easement provided to the District. DEVELOP:MENT AGREE:MENT (AZ-03-016) PAGE 13 OF 29 c. Provide a road trust deposit in the amount of $26,660.00 to be used for future sidewalk construction along the applicant's property. 2. Construct a commercial roadway that intersects Overland Road approximately 400-feet east of Silverstone Way to align with Jade Avenue, as proposed. 3. Construct a commercial roadway that intersects Overland Road approximately 1,1 50-feet east of Silverstone Way to align with Topaz Avenue, as proposed. *****The applicant has proposed to construct the internal roadways as commercial roadways. The proposed street section will accommodate for vehicular traffic that is anticipated to be generated by this site. It appears that the City's comprehensive plan wishes to have bike lanes at/near the half-mile. The commercial street section that is proposed will not accommodate for bike lanes. Ifthe City requires the applicant to construct the roadway as a collector, the City should require the roadways to be constructed as 46-foot street section within 70- feet of right-of-way. This would allow for 3-traffic lanes with curb, gutter, bike lanes and a detached 5-foot sidewalk 4. Construct the internal roadways as 40-foot street sections with curb, gutter and 5- foot concrete sidewalk within 54-feet of right -of- way, as proposed. 5. Extend an existing stub street (Copper Point Way) from the west property line approximately 160-feet north of the south property line, as proposed. 6. Extend Copper Point Way as a stub street to the east property line approximately 305-feet north of the south property line, as proposed. Install a sign at the terminus ofthe roadway stating that, "THIS ROAD \VILL BE EXTENDED IN THE FUTURE". 7. Extend Knapp A venue from the south property line. 8. lithe applicant would like a third access point to Overland Road, construct a 35- foot wide shared driveway that intersects Overland Road approximately 600-feet west of the east property line and aligns with the existing driveway at 3820 Overland Road. 9. If the applicant develops before the Overland Road project, construct a center turn lane for ALL of the approved access points that intersect Overland Road. Provide DEVELOPMENT AGREEMENT (AZ-03-016) PAGE 140F29 a minimum of 100- feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. Dedicate sufficient right-of-way to accommodate for the turn lanes that have been identified by the traffic impact study. 10. Construct right-turn lanes for ALL of the approved access points that intersect Overland Road, as they become warranted. Coordinate the design of the taper with District staff. Dedicate sufficient right-of-way to accommodate for the turn lanes that have been identified by the traffic impact study. * *The applicant is required to provide a financial surety for the construction of the right turn lanes on Overland Road. Once the turn lanes have been constructed or the District has entered into a contract for the construction of this segment of Overland Road, the financial surety will be released. 11. Identify and complete the proposed wetlands mitigation that was proposed as a part ofthe Silverstone Corporate Center Subdivision in accordance with the wetlands mitigation permit that was issued by the United States Army Corps of Engineers. 12. Provide the District with a parcel that is equal to and greater in value and size than the previous parcel. 13. Provide the District with drainage calculations and drawings showing that the newly proposed pond will have a capacity that is equal to or greater in storage area than the previous parcel and will function at a level that is equal to or greater than what the District had originally designed. 14. Install an adequately sized drainage pipe that will extend from the proposed drainage pond to Overland Road through the Topaz Avenue right-of-way. 15. Provide the District with sufficient access to the site by providing the District by providing public road frontage and a permanent easement through the adjoining parking lot for additional access to the pond. 16. If the applicant chooses to landscape the drainage pond, the applicant shall obtain a license agreement for all landscaping that is proposed within the District's right- of-way, drainage pond or easement. The applicant is required to have all landscape and sprinkler plans reviewed and approved by the ACHD Drainage Division. DEVELOPMENT AGREEMENT (AZ-03-0 16) PAGE 15 OF 29 17. Other than the access points that have specifically been approved with this application, direct lot or parcel access to Overland Road is prohibited. Notes of this are required to be placed on the final plat. 18. Comply with all Standard Conditions of Approval. ACHD 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 ofIdaho 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, 'lse 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. DEVELOPMENT AGREEMENT (AZ-03-016) PAGE 16 OF 29 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 thf' 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 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. That a fire-flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 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 radii shall be 28' inside and 48' outside radius for all entrances and internal roads. DEVELOPfvffiNT AGR EEfvffiNT (AZ-03-0 16) PAGE 17 OF 29 6. All fire lanes shall have an unobstructed width of20'. UFC 902.2.1 D. Adopt the Recommendation ofNampa & Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change/site application. E. Adopt the Re(;ommendations 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 approvei by the Idaho Department of Health & Welfare, Division of Environmental 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 stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. Adopt the action of the City Council taken at their September 2, 2003 meeting as follows: 1. For clarification: a. The applicant stated at the September 2, 2003 meeting that the drainage lot may not be as shown on the present plat that has already been submitted. The applicant shall be allowed flexibility on the actual size ofthe retention area only until the final engineering of the project is complete. b. The applicant shall be allowed to work with ACHD to address the access points, the issues along Overland Road, the curb cuts and street improvements, and safety issues along Overland Road. DEVELOPMENT AGREEMENT (AZ-03-016) PAGE 18 OF 29 c. Pertaining to the any ACHD comments which are incorporated above, if ACHD mo:.Efies their report, then the applicant shall be required to comply with the modified requirements of ACHD. d. Per a letter submitted by Trevor C. Roberts dated August 29,2003, he clarifies that the southeast comer of the parcel that a portion afthe land will be used for a future roadway to be connected to a bridge crossing the Ridenbaugh Canal, and such shall be shown on the Plat. 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" and "Owner/Developer" or "Owner" and "Owner/Developer's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development" of subject "Property" ofthis agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. ~67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNAl'ION: "Owner" and "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" and "Owner/Developer" and if the "Owner" and "Owner/Developer" fail to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owner" 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 terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. DEVELOPMENT AGREEMENT (AZ-03-0 16) PAGE 19 OF 29 10. DEFAULT: 10.1 In the event "Owner" and "Owner/Developer", "Owner" and "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", the "City" shall provide written notice of any failure to comply to "Owner" and "Owner/Developer". In the event that "Owner" and "Owner/Developer" fail to cure such default within thirty (30) days of such notice, or in the event that such default cannot be fully cured within thirty (30) days, "Developer" fails to fully and faithfully prosecute correcting the default or deficiency, this Agreement may be unilaterally modified or terminated by the City of Meridian upon compliance with the requirement of the ordinances in effect with the City of Meridian provided however that: a. Default shall be limited to each lot of record or parcel involved in the default action. Default on one lot shall not encumber other lots or parcels within the "Property". The entire "Property" is subject to this Development Agreement, but except for required improvements to landscape areas and other common areas, default( s) shall be addressed and assigned on an individual lot or parcel basis; b. In the event the City determines that this Agreement shall be modified as a result of a default, the terms of this Agreement shall be amended and the "Developer" shall comply with the amended terms. Failure to comply with the amended terms shall result in default. The amended terms may include that all lots or parcels which are defaulting parcels shall be subject to conditional use permit applications for any previously permitted uses proposed to be developed thereon. c. A waiver by "City" of any default by "Developer" of any one or more of the covenants or conditions hereof shall be in writing and shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of DEVELOPMENT AGREEMENT (AZ~03-0 16) PAGE 20 OF 29 "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" and "Owner/Developer's" cost, and submit proof of such recording to "Owner" 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 court of competent jurisdictiorJ by either "City" or "Owner" and "Owner/Developer", or by any successor or successors in title or by the assigns ofthe 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" and "Owner/Developer" 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 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 ofthe same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner" and "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 DEVELOPMENT AGREEMENT (AZ~03-016) PAGE 21 OF 29 causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORl\'lANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under MeridI<.t...1 City Code 912-5-3, to insure that installation of the improvements, which the "Owner" and "OwnerlDeveloper" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Owner" and "Owner/Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner" 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" and "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: CITY: OWNERJDEVELOPER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 Sundance Investments Partnership or aSSIgns 9100 West Blackeagle Drive Boise, Idaho 83709 with copy to: O\VNER: DEVELOPMENT AGREEMENT (AZ.03-016) PAGE 22 OF 29 City Clerk City of Meridian 33 E. Idaho Ave. Meridian,ID 83642 Ada County Highway District 318 E. 37th Street Garden City, Idaho 83714-6418 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" and "Owner/Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonaDle discretion, had determined that "Owner" and "Owner/Developer" has fully performed 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. DEVELOPMENT AGREEMENT (AZ-03-016) PAGE 23 OF 29 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner" and "OwnerlDeveloper" 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" and "Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 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 hearingCs) in accordance with the notice provisions provided for a zoning designation andlor 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-03-016) PAGE 24 OF 29 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. SUNDANCE INVESTMENTS PARTNERSHIP OR ASSIGNS BY: t/2 -u=- f ~_., Attest: BY: ADA COUNTY HIGHWAY DISTRICT Attest: BY: t &' r-V ~\\\ BY: CITY OF MERIDIAN Attest: \\\\1111111""1 \\\\ C Mr:- 1111 \\\\ _lOr cFr/J'l 1,,/ \' :'. ~ VOL,., "'... ;::-" 0- RPO,QA -71- ~ .:::- cP ''''I~ ~ ~ ~ 0 ~ - - - - - - - = SEAL ~ O'::: 0. ....Ql ::: ~ ~ ~r 1$'- , . P $ ~ .., ~. ... '1- A... '\0 l" .,,' .....',,;-UUNT'l. \\\\,,,, JllllIUlI IIH"\\\\ STATE OF IDAHO, ) :ss COUNTY OF ADA ) On this 2 ~ day of 0 C:.~ ~-{..- in the year 2003 before me, a Notary Public, personally appeared e. b 'l.r'\. A~J {" '>~__ ,-and known r identified to me to be ("general plilrtnp.r~ of Sundance Investments Limited Partnership or assigns, and the persons who executed the instrument and acknowledged to me that they having executed the same on behalf of said limited partnership or assigns. tl> V\ ~...v~l-..I) r:2; ~~ ':1 {,~ (SEAL) Not uolic for Idaho Residing at: !70(St I Commission expires: ;;;:vla.t.f/ O~ I , DEVELOPMENT AGREEMENT (AZ-03-0] 6) PAGE 26 OF 29 STATE OF IDAHO, ) :ss COUNTY OF ADA ) , in the year 2003 On this. day of before me, a Notary Public, personally appe and , known or identified to me to be the of and Ada County Highway District, and e persons who executed the instrument and acknowledged to me that they h ing executed the same on behalf of said Ada County Highway District. (SEAL) Notary Public for Idaho Residing at: Commission expires: STATE OF IDAHO, ) :ss COUNTY OF ADA, .) On this 2...l\ ~ day of t:) c...4-0bv- , in the year 2003, before me, a Notary Public, personally appeared R~crt D. Gf?rfl€ aflg William G. Berg, know or identified to me to be the-Mayor-andElerK,1c.Jpn4m~:'3'ft'he City of Meridian, who executed the instrumentb"'{th~~g<r~gfllr\at~ecuted the instrument of behalf of said City, and acknowledged to me that such City executed the same. ,.O'lltlle.. .901,[Oj:ti.,"o .~1..~ ~~-~-~~.. o. O~~~-S1.1I1QJ........~ .0 · ' .. 0 IIr / '" . . f 1 .. : : 1 ~ Notary Public for Idaho 1 , - \~.. '"f ~ /~: Residing at:.18o:.... ~~~ Jdc.i.uJ ..Pl;;h~~~.. Commission expires: 1- 2&-e>S" .;;v-S NO .+ e,,_ o. Z:\Work\M\Meridian\M:eridian 15~~ti\SiIverstone Business Campus AZ-03-o16 PP-03-{)18IDevelopAgrTWO.doc (SEAL) 2>VtO-AU"Y\.8M4 '-fL--- DEVELOPMENT AGREEMENT (AZ-03-016) PAGE 27 OF 29 EXHIBIT A Leg:al Description Of Property Sundance Investments Limited Partnership owns the two largest parcels totaling 77.8 acres, and Ada County Highway District owns the third parcel along the east boundary totaling 2.9 acres: A parcel of land being the E lIz of the NW 14 of Section 21, Township 3 North, Range 1 East, RM., Ada County, Idaho and more described as follows: COMMENCThiG at a brass cap monument marking the NW corner of said NW ~, thence S 89014'20" E a distance of 1332.53 to a 5/8 inch rebar marking the NW corner of said E lIz and the POINT OF BEGINNING; Thence along the North line of said E lIz S 89014'20" E a distance of 1332.52 to a brass cap monument marking the NE corner of said E lIz; Thence along the East line of said E Y2 S 00011'43" W a distance of 2657.19 feet to a brass cap monument marking the SE corner of said E 'i2; Thence along the South line of said E Y:z N 89007'33" W a distance of 1333.75 feet to a 5/8 inch rebar marking the SW corner of said E Y:z; Thence along the West line of said E lIz N 00013'16" E a distance of2654.55 feet to the POINT OF BEGINNING; Said Parcel contains 81.28 acres more or less and is subject to all existing easements and rights-of-ways of record or implied. DEVELOPMENT AGREEMENT (AZ-03-016) PAGE 28 OF 29 EXHIBIT B Findinl!s of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGReEMENT (AZ-03-0l6) PAGE 29 OF 29 BEFORE THE MERIDIAN CITY COUNCIL ) ) ) ) ) ) ) ) ) ) ) ) ) The above entitled annexation and zoning application having come on for public hearing IN THE MATTER OF THE APPLICATION FOR ANNEXATION AND ZONING OF 80.51 ACRES FOR PROPOSED SILVERSTONE CAMPUS SUBDIVISION, LOCATED EAST OF EAGLE ROAD AND SOUTH OF OVERLAND ROAD, MERIDIAN, IDAHO SUNDANCE INVESTMENTS, APPLICANT C/C 09/02/03 Case No. AZ-03-016 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING on September 2, 2003, at the hour of7:00 p.m., and Anna Powell Planning Director for the Planning and Zoning Department, Cornell Larson, and Edward 1. Thomas, 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 gg 67-6509 and 67-6511, and Meridian City Code gg 11-15-5 and 11-16-1. 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, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SILVERSTONE CAMPUS SUBDIVISION- (AZ-03-016) PAGE 1 OF 23 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 80.51 acres in size and is located east of Eagle Road and south of Overland 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 Sundance Investments Ltd Partnership, who owns the two (2) largest parcels, totaling approximately 77.8 acres. Ada County Highway District owns the third parcel (2.9 acres) along the east boundary. Both property owners have provided notarized consent for the subject applications. The applicant is Sundance Investments Ltd. Partnership. 6. The property is presently zoned R-l and consists of vacant land. 7. The Applicant requests the property be zoned as C-G (General Retail and Service Commercial). 8. The subject property is bordered to the north by Jewell Subdivision, to the south by Sutherland Farm Subdivision (future), to the east by farmland, and to the west by Silverstone Corporate Center. 9. The Applicant proposes to develop the subject property in the following manner: 48 lot commercial subdivision with 6 other lots, per a letter submitted with the revised Preliminary Plat by Pinnacle Engineers dated August 22,2003. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING SILVERSTONE CA1vfPUS SUBDIVISION- (AZ-03-0 16) PAGE 2 OF 23 10. The Applicant requests zoning of the subject real property as C-G, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Use - Regional. 11. The Eight Mile Lateral and its wetlands are significant or scenic features of major importance that affects the consideration of this application. 12. The City Council recognizes the concerns of Trevor Roberts, expressed in his letter dated July 2,2003. 13. Giving due consideration to the comments received from the goverrunental 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 Recommendations of the Meridian Planning & Zoning Department as follows: 1. Before the City approves any of the proposed uses that are not permitted in the C-G zone, the Applicant shall submit a Planned Development application and receive approval for all such uses. 2. A Development Agreement (DA) shall be entered into between the City of Meridian and the developer. Said DA shall be generally consistent with and utilize the same format as the recorded DA for Silverstone Corporate Center. The DA shall require that all uses, development standards and standards within the subdivision be defined through a Planned Development application for the subject property. The list of uses shown in Exhibit C of the Silverstone Business Campus annexation application is not approved and shall be amended through a separate Planned Development application. B. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approval 1. The Board of Commissioners authorizes the expenditure of available collected impact fees, or other District funds, if available, for the purchase of right-of-way dedicated by the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SILVERSTONE CAMPUS SUBDIVISION- (AZ-03-0 16) PAGE 3 OF 23 applicant, with the applicant constructing a sidewalk as described below. However, if funds cannot be secured, the applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) an additional 23-feet of right-of-way along Overland Road, and construct a minimum 5-foot wide concrete sidewalk along Overland Road, located a minimum of 4 I-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 Overland Road, located a minimum of 41-feet from the centerline of the right-of-way, in an easement provided to the District. c. Provide a road trust deposit in the amount of $26,660.00 to be used for future sidewalk construction along the applicant's property. 2. Construct a commercial roadway that intersects Overland Road approximately 400-feet east of Silverstone Way to align with Jade Avenue, as proposed. 3. Construct a commercial roadway that intersects Overland Road approximately 1, ISO-feet east of Silverstone Way to align with Topaz Avenue, as proposed. ~The applicant has proposed to construct the internal roadways as commercial roadways. The proposed street section will accommodate for vehicular traffic that is anticipated to be generated by this site. It appears that the City's comprehensive plan wishes to have bike lanes at/near the half-mile. The commercial street section that is proposed will not accommodate for bike lanes. If the City requires the applicant to construct the roadway as a collector, the City should require the roadways to be constructed as 46-foot street section within 'lO-feet of right-of- way. This would allow for 3-traffic lanes with curb, gutter, bike lanes and a detached 5-foot sidewalk. 4. Construct the internal roadways as 40-foot street sections with curb, gutter and 5-foot concrete sidewalk within 54-feet of right-of-way, as proposed. 5. Extend an existing stub street (Copper Point Way) from the west property line approximately 160-feet north of the south property line, as proposed. 6. Extend Copper Point Way as a stub street to the east property line approximately 305-feet north ofthe south property line, as proposed. Install a sign at the terminus ofthe roadway stating that, flTHIS ROAD WILL BE EXTENDED IN THE FUTUREfI. 7. Extend Knapp Avenue from the south property line. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING SILVERSTONE CAMPUS SUBDIVISION- (AZ-03-016) PAGE 4 OF 23 8. lIthe applicant would like a third access point to Overland Road, construct a 35-foot wide shared driveway that intersects Overland Road approximately 600-feet west of the east property line and aligns with the existing driveway at 3820 Overland Road. 9. lfthe applicant develops before the Overland Road project, construct a center turn lane for ALL of the approved access points that intersect Overland Road. Provide a minimum of 1 DO-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. Dedicate sufficient right-of- way to accommodate for the turn lanes that have been identified by the traffic impact study. 10. Construct right-turn lanes for ALL of the approved access points that intersect Overland Road, as they become warranted. Coordinate the design of the taper with District staff. Dedicate sufficient right-of-way to accommodate for the turn lanes that have been identified by the traffic impact study. * * The applicant is required to provide a financial surety for the construction of the right turn lanes on Overland Road. Once the turn lanes have been constructed or the District has entered into a contract for the construction of this segment of Overland Road, the financial surety will be released. 11. Identify and complete the proposed wetlands mitigation that was proposed as a part of the Silverstone Corporate Center Subdivision in accordance with the wetlands mitigation permit that was issued by the United States Army Corps of Engineers. 12. Provide the District with a parcel that is equal to and greater in value and size than the previous parcel. 13. Provide the District with drainage calculations and drawings showing that the newly proposed pond will have a capacity that is equal to or greater in storage area than the previous parcel and will function at a level that is equal to or greater than what the District had originally designed. 14. Install an adequately sized drainage pipe that will extend from the proposed drainage pond to Overland Road through the Topaz Avenue right-of-way. 15. Provide the District with sufficient access to the site by providing the District by providing public road frontage and a permanent easement through the adjoining parking lot for additional access to the pond. 16. lfthe applicant chooses to landscape the drainage pond, the applicant shall obtain a license agreement for all landscaping that is proposed within the District's right-of-way, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SILVERSTONE CAMPUS SUBDIVISION- (AZ-03-016) PAGE 5 OF 23 drainage pond or easement. The applicant is required to have all landscape and sprinkler plans reviewed and approved by the ACHD Drainage Division. 17. Other than the access points that have specifically been approved with this application, direct lot or parcel access to Overland Road is prohibited. Notes of this are required to be placed on the final plat. 18. Comply with all Standard Conditions of Approval. ACHD 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 387-628-0 (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 ofIdaho 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 COlmty 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SILVERSTONE CAMPUS SUBDIVISION- (AZ-03-016) PAGE 6 OF 23 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 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 Recommendations of the Meridian Fire Department as follows; 1. That a fire-flow consistent with Appendix llI-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 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 radii shall be 28' inside and 48' outside radius for all entrances and internal roads. 6. All fire lanes shall have an unobstructed width of 20'. UFC 902.2.1 D. Adopt the action of the City Council taken at their September 2, 2003 meeting as follows: 1. For clarification: a. The applicant stated at the September 2, 2003 meeting that the drainage lot may not FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SILVERSTONE CA1v1PUS SUBDMSION- (AZ-03-016) PAGE 7 OF 23 be as shown on the present plat that has already been submitted. The applicant shall be allowed flexibility on the actual size of the retention area only until the final engineering of the project is complete. b. The applicant shall be allowed to work with ACHD to address the access points, the issues along Overland Road, the curb cuts and street improvements, and safety issues along Overland Road. c. Pertaining to the any ACHD comments which are incorporated above, if ACHD modifies their report, then the applicant shall be required to comply with the modified requirements of ACHD. d. Per a letter submitted by Trevor C. Roberts dated August 29,2003, he clarifies that the southeast comer of the parcel that a portion of the land will be used for a future roadway to be cOlmected to a bridge crossing the Ridenbaugh Canal, and such shall be shown on the Plat. 14. It is found that the 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Mixed Use - Regional". The purpose of this designation is "to provide for a combination of compatible land uses that are typically developed ooder a master or conceptual plan. . . and to identifY key areas [of the City] which are either infill in nature or situated in highly visible or transitioning areas of the City where innovative and flexible design opportunities are encouraged. The intent ofthis designation is to offer the developer a greater degree of design and use flexibility." (See Chapter VII, pg. 97.) The requested zoning designation of C-G generally conforms to this stated purpose and intent of the MU-Regional designation. It is also found that the following 2002 Comprehensive Plan text policies to be applicable (staff analysis is in italics below the policy.) Mixed Use Area Policies . "\Vhere feasible, multi-family residential uses will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to State Highways 20-26, 55 or 69"; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONIN"G SILVERSTONE CAMPUS SUBDIVISION- (AZ-03-016) PAGE 8 OF 23 Staff held two Pre-Application meetings with Larson Architects on the subject property. At both meetings we encouraged the applicant to consider incorporating a high density residential component into the development, in conformance with this Camp Plan policy. The applicant chose not to include any residential component. While Silverstone will certainly serve as an employment center, the subject property is not adjacent to a State Highway. . "Where mixed use developments are phased, a conceptual site plan for the entire mixed use area is encouraged with the development application or, depending on the scope of the development, prior to a formal development application being submitted" ; No phase lines are shown on the plat so Silverstone-proposed appears to be a single phase development. A Planned Development application is not required by either the Comp Plan or Zoning Ordinance and one was not submitted with the AZ and PP applications. However, Larson Architects did submit a conceptual building layout for the 80 acres. . "In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space"; The applicant is proposing to locate the ACHD common lot in a central location within the development. They are also proposing a multi-use pathway along the Eight Mile Lateral, which will be usable by future employees of the center. . "Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged"; The subject project is proposed adjacent to future medium density residential uses to the east. The applicant's "Master Site Plan" shows building pads rangingfrom 7,658 sf to 20,800 sf along the east boundary. A transitional use is not called out on the Master Site Plan. All of these lots are proposed to have a C-G base zone (with a Development Agreement). Staff finds that the application does not comply with this Comp Plan policy since transitional uses are not enforceable. Staff recommends either a Planned Development with use exceptions or a down-zone (C-C) for the lots adjacent to the east boundary. (See Condition #2 under Annexation Site Specific Conditions.) . "Residential density allowed of 3 to 40 units/acre"; Not applicable. No residential uses are proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SILVERSTONE CAMPUS SUBDIVISION- (AZ-03-0 16) PAGE 9 OF 23 e "No upper limit of non-residential uses (square footage)." (See Chapter VII, pgs. 97-98, for the above-mentioned six bullets/policies.) . "Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, Goal I, Obj. B, #5) Silverstone-proposed has frontage on Overland Road, a principal arterial roadway. If uses adjacent to the future residential land to the east are controlled either through a PD or zoning, this development would complement adjoining residential areas. . "Require screening and buffering of commercial and industrial properties and residential use with transitional zoning." (Chapter VII, Goal IV., Obj. A, #6) Transitional zoning is not proposed by the applicant but is being recommended by staff . "Permit new. . .commercial. . .developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (ChapterIV, Goal I, Obj. A, #6) Silverstone-proposed is contiguous to existing city limits and sanitary sewer, water and other urban utilities can be extended to meet the needs of the development. . "Encourage high-tech, research, pharmaceutical firms and high-quality retail facilities." (ChapterIV, Goal II, Obj. A) . "Develop City pathway to connect Meridian with Boise." (Chapter VI, Goal III, Obj. A, #12) . "Preserve and conserve our waterways, wetlands, wildlife habitat and other natural resources." (Chapter V, Goal I, Obj. A) 15. The general vicinity oftms project is experiencing a rapid change from agricultural and low density residential uses to commercial/urban type development. Overland Road and Eagle Road are currently being widened to five (5) lane roadways. Silverstone Corporate Center, El Dorado Business Campus, St. Luke's expansion, Hampton Inn Suites, and Sutherland Farm FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXA IrON AND ZONING SILVERSTONE CAMPUS SUBDIVrSION- (AZ-03-016) PAGE 10 OF 23 Subdivision have all been recently approved within a mile oftbis project. It is found that the rezone of the proposed property would be compatible with other land use and facility changes in the area. 16. Upon review of the applicant's list of proposed uses, it is found that they are almost identical to the uses approved for Silverstone, which was approved to the west. The majority of these uses would be designed and operated in a manner consistent with Silverstone-approved and with the existing C-G zoning to the south. Additionally, there are several uses, including manufacturing, warehouses, and utility centers that were found may not be harmonious with future residential to the east. Therefore, it is found that the requested uses would be generally harmonious with the existing and intended character of the general vicinity, with the exception of lots along the east boundary. It is also found that, without a PD application, many of the proposed uses would not be allowed since they are prohibited in the C-G zone. The Silverstone-approved development was approved through a PD and was therefore allowed certain excepted uses. The following proposed uses in Exhibit C would be prohibited unless otherwise approved under a PD application or through different zoning (e.g. Industrial): Bottling & Distribution Plant Electrical Equipment, Products Laboratories (medical, dental, optical) Molded Plastic Product V ocational, Trade, Industrial School Fabricated Metal Products Machine Shop Public Utility Yards Woodworking Shop Residential (See Condition #4 under Site Specific above.) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SILVERSTONE CAMPUS SUBDMSION- (AZ-03-016) PAGE 11 OF 23 Club, Lodge, Social Hall Hospitals Medical Research Facilities Seed and Garden Supply Packaging Facilities Industrial Research Office Machines Small Machinery & Component Parts Bulk Storage: Flammable Liquids/Gasses 17. It is found that the majority of the proposed uses will not be hazardous or disturbing to existing or future neighboring uses if all development and landscaping ordinances are exercised. Some uses may be disturbing to future residential uses to the east. It is not anticipated that the proposed uses will be hazardous or disturbing to future or existing neighbors. 18. It is found that the roadway improvements will be required to handle the additional traffic generated by this development. ACHD and the Applicant shall work together to determine the extent of the required improvements. All other public services and facilities appear to be adequate to service this property. 19. It is found that this development will not cause excessive additional requirements at public cost. The improvements will be funded and constructed by the developer. It is also found that the annexation and zoning alone will not be detrimental to the community's economic welfare. 20. It is found that several of the proposed uses for Silverstone will involve activities, processes, materials, equipment or conditions that could produce excessive traffic and noise and have other public impacts. MCC 11-12-2 and 11-12-3 are intended tOffiitigate impacts of some uses such as fire hazards, bulk storage, and contractor's yards. However, it is found that other potential impacts may not be adequately addressed by the Zoning or Subdivision Ordinance. Some of the proposed uses would require a CUP, which would allow for mitigation standards to be addressed at that time. To reduce the potential impact upon future neighboring residential uses it is recommended that it be either through a PD or rezone process along the east boundary. 21. It is found that the proposed uses will impact the level and flow of traffic on the surrounding streets. By 20 1 0, the Traffic Impact Study prepared by EarthTech estimates Silverstone FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING SILVERSTONE CAJv1PUS SUBDIVISION- (AZ-03-0 16) PAGE 12 OF 23 (proposed to generate an average of 10,107 new vehicle trips per day - (819 vph at AM peale and 1.069 vph at PM peak). Of these 10,107 trips, an estimated 6,310 would be external and 3,707 would be internal/captured. If all roadway improvements shown by the developer and in EarthTech's report are made, the study notes that Eagle and Overland Roads in the vicinity oftrus site are projected to have adequate capacity to operate at LOS D (see pg. 22 of EarthTech report.) In accordance with Comprehensive Plan Policy #12 (pg. 79) and Policy #2 (pg. 107), it is found that the number of vehicular access points to Overland Road should be restricted and comply with ACHD policies in order to preserve the capacity and movement on Overland Road at build-out. 22. It is found that the Eight Mile Drain and mitigated wetlands area exist on the property and must be protected. Some of the proposed uses listed in the application could cause some damage to these natural features if not adequately controlled and/or managed (e.g. bulk storage of flammable liquids, contractor's yards, public utility yards, etc.). 23. It is found that the annexation of this property would be in the best interest of the City for the following reasons: . increased commerciaIlindustrialland base; . application substantially complies with the Comprehensive Plan; . significant public improvements provided by developer (e.g. pathway system, sewer and water line extensions.). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SILVERSTONE CAMPUS SUBDIVISION- (AZ-03-016) PAGE 13 OF 23 24. 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. 13, and all sub-parts, the economic welfare ofthe City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 25. It is also found that the development considerations as referenced in Finding No. 13 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 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 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING SILVERSTONE CAMPUS SUBDIVISION- (AZ-03-0 16) PAGE 14 OF 23 "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 zoning of(C-G) General Retail and Service Commercial is defined in the Zoning Ordinance at 9 11-7-2 K as follows: (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 of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXA nON AND ZONING SILVERSTONE CAJ\1PUS SUBDIVISION- (AZ-03-0 16) PAGE 15 OF 23 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 80.51 acres to General Retail and Service Commercial (C-G), is granted subject to the terms and conditions ofthis Order hereinafter stated. 2. The application is for annexation and zoning of 80.51 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 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 conditions of development, to-wit: A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: 1. Before the City approves any of the proposed uses that are not permitted in the C-G zone, the Applicant shall submit a Planned Development application and receive approval for all such uses. 2. A Development Agreement (DA) shall be entered into between the City of Meridian and the developer. Said DA shall be generally consistent with and utilize the same format as the recorded DA for Silverstone Corporate Center. The DA shall require that all uses, development standards and standards within the subdivision be defined through a Planned Development application for the subject property. The list of uses shown in Exhibit C of the Silverstone Business Campus annexation application is not approved and shall be amended through a separate Planned Development application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SILVERSTONE CAMPUS SUBDIVISION- (AZ-03-016) PAGE 16 OF 23 B. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approval I. The Board of Commissioners authorizes the expenditure of available collected impact fees, or other District funds, if available, for the purchase of Tight -of-way dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, if funds cannot be secured, the applicant shall do one of the following: a. Dedicate by donation (or through a development offset.agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) an additional 23-feet of right-of-way along Overland Road, and construct a minimum 5-foot wide concrete sidewalk along Overland Road, located a minimum of 41-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 Overland Road, located a minimum of 41-feet from the centerline of the right-of-way, in an easement provided to the District. c. Provide a road trust deposit in the amount of $26,660.00 to be used for future sidewalk construction along the applicant's property. 2. Construct a commercial roadway that intersects Overland Road approximately 400-feet east of Silverstone Way to align with Jade Avenue, as proposed. 3. Construct a commercial roadway that intersects Overland Road approximately 1,150-feet east of Silverstone Way to align with Topaz Avenue, as proposed. ~The applicant has proposed to construct the internal roadways as commercial roadways. The proposed street section will accommodate for vehicular traffic that is anticipated to be generated by this site. It appears that the City's comprehensive plan wishes to have bike lanes at/near the half-mile. The commercial street section that is proposed will not accommodate for bike lanes. If the City requires the applicant to construct the roadway as a collector, the City should require the roadways to be constructed as 46-foot street section within 70-feet of right-of- way. This would allow for 3-traffic lanes with curb, gutter, bike lanes and a detached 5-foot sidewalk. 4. Construct the internal roadways as 40-foot street sections with curb, gutter and 5-foot concrete sidewalk within 54-feet of right-of-way, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SILVERSTONE CAMPUS SUBDIVISION- (AZ-03~016) PAGE 17 OF 23 5. Extend an existing stub street (Copper Point Way) from the west property line approximately 160-feet north of the south property line, as proposed. 6. Extend Copper Point Way as a stub street to the east property line approximately 305-feet north of the south property line, as proposed. Install a sign at the terminus of the roadway stating that, ItTmS ROAD WILL BE EXTENDED IN THE FUTUREIt. 7. Extend Knapp Avenue from the south property line. 8. lithe applicant would like a third access point to Overland Road, construct a 35-foot wide shared driveway that intersects Overland Road approximately 600-feet west of the east propelty line and aligns with the existing driveway at 3820 Overland Road. 9. If the applicant develops before the Overland Road project, construct a center turn lane for ALL of the approved access points that intersect Overland Road. Provide a minimum of 100- feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. Dedicate sufficient right-of- way to accommodate for the turn lanes that have been identified by the traffic impact study. 10. Construct right-turn lanes for ALL of the approved access points that intersect Overland Road, as they become warranted. Coordinate the design of the taper with District staff. Dedicate sufficient right-of-way to accommodate for the turn lanes that have been identified by 'the traffic impact study. *****The applicant is required to provide a financial surety for the construction of the right turn lanes on Overland Road. Once the turn lanes have been constructed or the District has entered into a contract for the construction of this segment of Overland Road, the financial surety will be released. 11. Identify and complete the proposed wetlands mitigation that was proposed as a part of the Silverstone Corporate Center Subdivision in accordance with the wetlands mitigation permit that was issued by the United States Army Corps of Engineers. 12. Provide the District with a parcel that is equal to and greater in value and size than the previous parcel. 13. Provide the District with drainage calculations and drawings showing that the newly proposed pond will have a capacity that is equal to or greater in storage area than the previous parcel and will function at a level that is equal to or greater than what the District had originally designed. FINDIN"GS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SILVERSTONE CAMPUS SUBDIVISION- (AZ-03-0 16) PAGE 18 OF 23 ..~ 14. Install an adequately sized drainage pipe that will extend from the proposed drainage pond to Overland Road through the Topaz Avenue right~of-way. IS. Provide the District with sufficient access to the site by providing the District by providing public road frontage and a permanent easement through the adjoining parking lot for additional access to the pond. 16. lfthe applicant chooses to landscape the drainage pond, the applicant shall obtain a license agreement for alllandscapiug that is proposed within the District's right-of-way, drainage pond or easement. The applicant is required to have all landscape and sprinkler plans reviewed and approved by the ACHD Drainage Division. 17. Other than the access points that have specifically been approved with this application, direct lot or parcel access to Overland Road is prohibited. Notes of this are required to be placed on the final plat. 18. Comply with all Standard Conditions of Approval. ACHD 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 ofIdaho 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING SILVERSTONE CAMPUS SUBDIVISION- (AZ-03-016) PAGE 19 OF 23 1:-..\ 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 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 Recommendations of the Meridian Fire Department as follows: L That a fire-flow consistent with Appendix ill-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Operational fire hydrants and temporary or pennanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 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 t1nu the Public Works Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SILVERSTONE CAMPUS SUBDIVISION- (AZ-03-016)t PAGE 20 OF 23 5. All radii shall be 28' inside and 48' outside raelius for all entrances and internal roads. 6. All fire lanes shall have an unobstructed width 0[20'. UFC 902.2.1 D. Adopt the action ofthe City Council taken at their September 2, 2003 meeting as follows: 1. For clarification: a. The applicant stated at the September 2, 2003 meeting that the drainage lot may not be as shown on the present plat that has already been submitted. The applicant shall be allowed flexibility on the actual size of the retention area only until the final engineering of the project is complete. b. The applicant shall be allowed to work with ACHD to address the access points, the issues along Overland Road, the curb cuts and street improvements, and safety issues along Overland Road. c. Pertaining to the any ACHD comments which are incorporated above, if ACHD modifies their report, then the applicant shall be required to comply with the modified requirements of ACHD. d. Per a letter submitted by Trevor C. Roberts dated August 29, 2003, he clarifies that the southeast comer ofthe parcel that a portion ofthe land will be used for a future roadway to be connected to a bridge crossing the Ridenbaugh Canal, and such shall be shown on the Plat. 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 (C-G) General Retail and Service Commercial and Meridian City Code 9 11-7-2. 5. Subsequentto 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 S 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SILVERSTONE CAMPUS SUBDIVISION- (AZ-03-0 16) PAGE 21 OF 23 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 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 ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the Z:g.:!:.. day of ~k~~ ,2003. ROLL CALL COUNCILMAN KEITH BIRD VOTED -Jf~~~L- COUNCILWOMAN TAMMY deWEERD VOTED ~ COUNCIL WOMAN CHERIE Mc CANDLESS VOTED~- COUNCILMAN WILLIAM L.M. NARY VOTED~-- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONlNG SILVERSTONE CAI\1PUS SUBDIVISION- (AZ-03-016) PAGE 22 OF 23 MA YOR ROBERT D. CORRIE (TIE BREAKER) -2. '" // (}.r] DATED: '-/- .?-.-? --- 5 - VOTED MOTION: APPROVED:-L DISAPPROVED: Attest: C;;' Co If- ~e.:t jkJ l#t_.-f t:;n:;,: ,il.. 1l' B~A~/9 City Clerk \ \.9. ~ \ v C"'::::: .-." Q/".., "''' ~ .' ') ~-u r j S"\ ' -<:-" .; ''',.; ~ ," Copy served upon Applicant, the Plariili,9:fSfuhftomn't(-Rl'epartment, Public Works Department and the City Attorney. ' IJJlJlIlI mll\\\ \\\\,,\\11101111/1/1111 ,,\\...1 Of MElyJ'j) 1//, ,'-' ~""' (.,.~ .-;, :;:' c} ~~Ot:l~ '<-;,. -/-;. " '''''i/,~ ~ $ ~ '0 ~ ~ - 01.,... ;; -2...-lJ? 2 -=- Dated: -/~ P' 7 ~ - ~ ... ~ , FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING SILVERSTONE CAMPUS SUBDIVISION- (AZ-03-016) PAGE 23 OF 23 October 17,2003 MERIDIAN CITY COUNCIL MEETING APPLICANT October 21, 2003 3--L ITEM NO. REQUEST Water Main Easement for Sonoma Square Building in Bonito Subdivision -- Kimball Properties Limited: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY A HORNEY 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 ~rD~'" 4----0 Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property or the City of Meridian. City of Meridian Public Works Dept. Memo REC TV OCT f 6~0fJ3 D CityafM . . City C1 1 endia.n ere Office To: Mayor Corrie & City Council From: Brad Watson, P.E. CC: File, Gary Smith, PE, City Clerk Date: 10/15/2003 Re: Proposed Agenda Items for October 21 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the October 21 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Sonoma Square Buildinq. Typical water main easement. Recommended Council Action: Approve the Water Main Easement for Sonoma Square Building and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 WATER MAIN EASEMENT THIS INDENTURE, made this _ day of ,2003, between Kimball Properties Limited Partnership, 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 water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, 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 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 water main 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 water line and their allied facilities, together with their maintenance, additional connection thereto, 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 VB 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, perfonning 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 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 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. Water Main Easement EASMT WTR.doc 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: ~s~--~ STATE OF IDAHO ) ) 88 County of Ada ) On this i () ~ day of f) e~ b e r , 2003, before me, the undersigned, aN otary Public in and for said State, personally appeared Winston H. Moore, known or identified to me to be a partner of Kimball Properties Limited Partnership, a partnership, and he duly aclmowledged to me that he executed the within instrument on behalf of said partnership and that said partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. \\\\I"UI "1/111,,, ~'*~~'t~\:\~.~~~~S&J?~ ( )ro' '. 'Y ~ j -.. ~ ~ :.. 'NOTARy -.. ~ : : ~ -= =*. ...~ :*= = : . = % ':.. PUBLl C .: ~ ~ .... ..- ~ ~ _. .11 ~ ~ ~'.......~ #- :<'111, 'l1l:QFIOP",\",'" '1111'", III"""\; ~,J~ NOTARY PUBLIC FOR AHa Residing at g~-. ...JJ.~~ Commission Expires: q -.;1, 10 - 01 Water Main Easement EASMT WTR.doc GRANTEE: CITY OF MERIDIAN Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: 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., knovm 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: Commission Expires: Water Main Easement EASMT WTR.doc EXHIBIT A WATER MAIN EASEMENT A water main easement located in the East ~ of Section: 20, Township 3 North, Range 1 East, Boise Meridian, Ada County. Said easement crosses Lot 5, Block 4 of the Bonito Subdivision,'recorded as instrument number 103142839 in the office of the Ada County Recorder on August 22,2003, in Book 86 of Plats at pages 9783 through 9788. Said easement is more particularly described as follows: Commencing at the northwest corner of said Lot 5 thence, 125.34 feet along the western boundary of Lot 5 along a curve to the right, said curve having a radius of2037.00', a delta angle of 3031 '32", and a long chord bearing South 2021 '21" East 125.32 feet to the POINT OF BEGINNING; the!1ce, continuing along the western boundary of said Lot 5 Along a curve to the Tight 20.00 feet, said curve having a radius of2037.00 feet, a delta angle of 0033'45" and a long chord bearing South 00018'42" East 20.00 feet; thence North 90000'00" East 66.06 feet; thence, North 00000'00" East 85.93 feet; thence, South 90000'00" East 163.80 feet; thence, North 00000'00" East 28.96 feet; thence, South 90000'00" East 5.00 feet; thence, North 00000'00" East 20.00 feet; thence, North 90000'00" West 5.00 feet; thence, North 00000'00" West 10.33 feet to a point on the northern boundary of said Lot 5; thence, along said northern boundary North 90000'00" West 20.00 feet; thence departing from said northern boundary South 00000'00" East 39.29 feet; thence, North 90000'00" West 163.80 feet; thence, South 00000'00" East 64.33 feet; thence, South 90000'00" West 19.73 feet; thence, South 00000'00" East 21.59 feet; thence, North 90000'00" West 26.44 feet to the POINT OF BEGINNING. Said parcel contains approximately 7,628 feet, more or less, and is subject to all existing easements of record or use. i .........."'Q,._~~ \ l -- ~y ----r r;OUTH 80~IT~_WA,: J 'i--- w- vVr-Gi tiS I i I ~ j L " Ir~(D' N_- "' - t r~ -"\ -J I ,Ll~ ' "~ C . 1.... Q - I ''''l fI to" I~ 21.59' ~I~ 2 ~ g g~ ~o ~o J !11~8 ~I I ~-I~ ~"" ",SOO.}o;;"E _II !-w n =",,?'E -I N 4'~ I: . ~ l I I ~ ! ! II r I [ ~ I I L -:g 31 I ~I~ ~ LJ L--I: I-LI '-ll I ,w II ? J I I I I II I ~ii I , I I I I I I I I f"l11J~~~ ):..::OG) 2: VJo:r:iii_ f"l11J-l::tJ~ ~~I ::0 ~-l~ -< -1-<1 VJ ~~~ ~ cc-< ~ << CJCJ ):..):.. ::tJ::tJ -<-< 2 o :r: II t..J o~ :::O..".(fJ O~r of;) ::tJ ):.. lJ :r: (J;o VJ CJ t..J):.. or- ~ f"l1 C<:;._._- -- ,)~ --55- ?C,_'_. \ ----------- ?::J I\)I\)~ cco U1U1_ :-J:-J5i 00 00 n ~ ~ I\)I\)~ 91~o ~q t- ~~ - 1;)1'1 Cl.n!JI::-l . co::J::-I ~CC ?t; t- IT) I I I I I I~ -I~ ~g ~I~ I I I I I L --- to r- o o ;;:r;;: .p., r- o -1 Q) )> "11 "11 m o --I 2 G) r o ~~ ~ )> OJ--I rm 0;0 Os: ^)> .,J:::::.._ 02 "11m OJ)> oC/) zm -s: --1m 02 (/)--1 C OJ o < - (/) - o 2 m >< I OJ -I OJ October 1 7, 2003 MERIDIAN CITY COUNCIL MEETING October 21 , 2003 APPLICANT ITEM NO. j-h'\ REQUEST Acknowledgement of judges and Clerks for November 4, 2003 General Election as submitted by Elections Coordinator Lova June Pack: 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 list of Judges and Clerks ~~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at publlc meetings shall become property of the City of Meridian. CITY OF MERIDIAN GENERAL ELECTION JUDGES AND CLERKS FOR NOVEMBER 4. 2003 First Precint #800 @ American Legion Hall, 22 W. Broadway June Pack-Judge 524 W. Carlton Ave. 888-2839 Annalee Luke-Clerk 1529 W. ih S1. 888-2609 Patricia Roberts- Clerk 1523 N. Meridian Road 888-2561 RECEIVED OCT = 2 2003 City of Meridian City Clerk Office- (Bill)William G. Berg,Sr. Clerk 231 W. Washington Ave. 888-1822 Second Precinct #801 @ City Hall, 33 E. Idaho Ave. Linda Berg-Judge 778 E. Trinidad 8881843 Gail Packard 1920 W. Victory Rd. 887-7671 Michelle Danies- Clerk 5324 N. Chopin Place 887-5661 Sheri Baker- Clerk 1746 Jericho Road 888-1439 Third Precinct #802 @ Meridian Library, 1326 W. Cherry Lane Joline Golightly- Judge 1141 Fairwood Court 888-9649 Julia Couch -Clerk 1012 Fairwood Court 713-0360 Bonnie Beck-Clerk 916 Storey Ave. 888-5033 Donna Brinkerhoff-Clerk 805 E. McMillian 887-1211 Cindy Lee- Clerk 2311 S. Sapphire Ave. 888-6917 Fourth Precinct #803 @LocustGrove Grange, 1201 E. Victory Road Debbie Warwick- Judge 558 E. Kingsford Drive 888-5726 Renee' Keller-- Clerk 587 E. Kingsford Drive 888-2551 Teny McMoITow- Clerk 1001 N.W. 13th Ave. 888-6615 Lana Peoples--Clerk 1447 N. Crestmont Drive 887-6871 Alternate: Joan Myers 3540 W. Woodmont Drive 888-3672 ~~~~~ 10- z-<9-.3 ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 10/24/03 01 :40 PM DEPUTY Bonnie Oberbillig RECORDED-REo.UEST OF Meridian Citv AMOUNT .00 14 11111111111111111111 II 111111111111111 1031:31092 CITY OF MERIDIAN ORDINANCE NO. 03- 1 D60 AN ORDINANCE CORRECTING ORDINANCE NO. 03-1037 AN ORDINANCE CORRECTING THE LEGAL DESCRIPTION FOR ORDINANCE NO. 03-1037 FOR CAROL SUBDIVISION, WHICH IS GENERALLY LOCATED WEST OF NORTH EAGLE ROAD AND SOUTH OF EAST USTICK ROAD, MERIDIAN, IDAHO; AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED HEREINBELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO. 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 legal description herein below corrects the legal to the Ordinance No. 03-1037, and that said Property is described as follows, to-wit: MERIDIAN CITY ANNEXATION CAROL'S SUBDIVSION NO.2 ANNEX #1 A tract ofland being all of Lots 18 and 19, Block 1 of Carol's Subdivision No.2, as shown in Book 39 of Plats at Pages 3248 and 3249, records of Ada County, and portions of North Leslie Way ANNEXATION AND ZONING ORDINANCE (AZ-03-012) PAGE 1 OF 10 and Ustick Road, all located in the Northeast Y4 of Section 5, Township 3 North, Range 1 East, B.M., Ada County, Idaho. Said tract being more particularly described as follows: Commencing at the Northeast Corner of said Section 5; thence South 89039'20" West 1328.08 feet along the north line of said section also being the centerline of said Ustick Road to the POINT OF BEGINNING; thence leaving said section line and centerline South 00015' 11" East 390.00 feet along the extended east line of said Carol's Subdivision to the southeast corner of said Lot 18, thence leaving said east line South 89055'35" West 249.38 feet along the extended south line of said Lot 18 to the centerline of North Leslie Way; thence along said centerline the following 3 courses: NOlih 00004' 4 T' East 50.18 feet; thence Along a curve to the right 22.56 feet, said curve having a radius of200.00 feet, a delta angle, of6027'51" and a chord bearing and distance of North 03018'42" East 22.55 feet; thence North 06032'38" East 318.44 feet to the centerline of said Ustick Road; thence North 89039'20" East 209.99 feet to the POINT OF BEGINNING. Said tract contains 90,592 square feet or 2.08 acres, more or less. MERIDIAN CITY ANNEXATION CAROL'S SUBDIVISION NO.2 ANNEX #2-Revised A tract ofland being all of Lots 9, 11, 12, 13 and 14 of Block 1; Lots 20, 22, 24 and 25, of Block 2 of Carol's Subdivision No.2, as shown in Book 39 of Plats at Pages 3248 and 3249, records ANNEXATION AND ZONING ORDINANCE (AZ-03-012) PAGE 2 OF 10 of Ada County and portions of North Leslie Way and East Leslie Drive located in the Northeast 1:4 of Section 5, Township 3 North, Range 1 East, B.M., Ada County, Idaho. Said tract being more particularly described as follows: Commencing at the Northeast Corner of said Section 5; thence South 89039'20" West 1328.08 feet along the north line of said section also being the centerline of Ustick Road; thence leaving said section line and centerline South 00015' 11" East 938.03 feet along the extended east line of said Carol's Subdivision No.2 to the northeast corner of said Lot 14 being the POINT OF BEGINNING, thence continuing along said east line South 00015' 11" East 545.25 feet to the southeast corner of said Lot 12; thence leaving said east line North 71044'50" West 196.81 feet along the south line of said Lot 12 to the northeast corner of said Lot 9; thence South 12035'24" West 238.15 feet along the extended east line of said Lot 9 to the centerline of said East Leslie Drive; thence along said centerline the following 2 courses: North 77024'36" West 158.04 feet; thence Along a curve to the right 57.00 feet, said curve having a radius of225.00 feet, a delta angle of 14030'50" and a chord bearing and distance of North 70009' IS" West 56.84 feet; thence leaving said centerline South 27006' 19" West 272.61 feet along the extended east line of said Lot 20; thence North 77024'36" West 186.92 feet along the south line of said Lot 20; thence ANNEXATION AND ZONING ORDINANCE (AZ-03-012) PAGE 3 OF 10 North 00023' 19" West 50.00 feet along the west line of said Lot 20 to the northwesterly corner of said Lot 20; thence North 47041 '16" East 315.42 feet along the extended northwesterly line of said Lot 20 to the centerline of said North Leslie Way; thence along said centerline Along a curve to the left 83.05 feet; said curve having a radius of225.00 feet, a delta angle of 21008'53" and a chord bearing and distance of South 49000'57" East 82.58 feet; thence leaving said centerline North 34055' 15" East 261.03 feet on the extended easterly line of said Lot 9 to the southwest corner of said Lot 12; thence North 68011 '16" West 248.31 feet along the extended south line of said Lot 11 to the centerline of said North Leslie Way; thence along said centerline Along a curve to the left 149.17 feet, said curve having a radius of225.00 feet, a delta angle of 37059' 12" and a chord bearing and distance of South 10055'58" West 146.46 feet; thence leaving said centerline South 80002'57" West 191.54 feet along the extended south line of said Lot 22 to the west line of said subdivision; thence North 00023'19" West 795.09 feet along said west line to the northwest comer of said Lot 25; thence leaving said west line South 89029' 50" East 44.50 feet along the north line of said Lot 25; thence South 34044'25" East 258.41 feet along the northeasterly line of said Lot 25 to the most easterly comer of said Lot 25; thence ANNEXATION AND ZONING ORDINANCE (AZ-03-012) PAGE 4 OF 10 South 35025' 17" East 45.00 feet to the center of a cul-de-sac; thence South 59006'58" East 45.14 feet along the centerline of a road; thence leaving said centerline South 26049'46" West 322.20 feet along the extended easterly line of said Lot 24 to the north line of said Lot 22; thence South 62018'29" East 124.98 feet along the extended north line of said Lot 22 to the centerline of said North Leslie Way; thence along said centerline the following two courses; Along a curve to the right 100.38 feet, said curve having a radius of225.00 feet, a delta angle of 25033'44" and a chord bearing and distance of North 42042'27" East 99.55 feet; thence Along a curve to the left 395.18 feet, said curve having a radius of 500.00 feet, a delta angle of 45017'05" and a chord bearing and distance of North 32050'44" East 384.98 feet; thence leaving said centerline, South 79047'48" East 264.47 feet along the extended north line of said Lot 14 to the POINT OF BEGINNING. Said tract contains 415,908 square feet or 9.55 acres, more or less. MERIDIAN CITY ANNEXATION CAROL'S SUBDIVISION NO.2 ANNEX #3 A tract ofland being all of Lots 10, 12, 14, 15 and 16 of Block 2 of Carol's Subdivision No. 2, as shown in Book 39 of Plats at Pages 3248 and 3249, records of Ada County and a portion of ANNEXATION AND ZONlNG ORDINANCE (AZ-03-012) PAGE 5 OF 10 North Justin Place all located in the Northeast )4 of Section 5, Township 3 North, Range 1 East, B.M., Ada County, Idaho. Said tract being more particularly described as follows: Commencing at the Northeast Corner of said Section 5; thence South 89039'20" West 1328.08 feet along the north line of said section also being the centerline of said U stick Road to a point; thence leaving said section line and centerline South 00015' 11" East 2012.00 feet along the extended east line of said Carol's Subdivision No.2 to the northeast comer of said Lot 10 being the POINT OF BEGINNING, thence continuing along said east line South 00015' 11" East 132.50 feet; thence leaving said east line South 89055'35" West 399.67 feet along the extended south line of said Lot 1 0 to the centerline of said North Justin Place; thence along said centerline South 00003 '22" East 131.00 feet; thence leaving said centerline. North 89055'35" East 400.12 feet along the extended north line of said Lot 12; thence South 00015' 11" East 131.00 feet along the east line of said Lot 12; thence South 89055'35" West 355.77 feet along the south line of said Lot 12; thence South 84006'43" West 45.00 feet to the center of the cul-de-sac on said North Justin Place; thence South 00004 '29" East 200.00 feet along the extended east line of said Lot 14; thence South 89044'01" West 351.48 feet along the south line of said Lot 14; thence North 00023'19" West 494.55 feet along the west line of said Lots 14, 15 and 16; thence North 89055'35" East 354.78 feet along the extended north line of said Lot 16 to the centerline of said North Justin Place; thence along said centerline ANNEXATION AND ZONING ORDINANCE (AZ~03~0]2) PAGE 6 OF 10 Along a curve to the right 106.06 feet) said curve having a radius of 1139.39 feet, a delta angle of 5020'00" and a chord bearing and distance of North 04025'36" East 106.02 feet; thence North 89055'35" East 390.40 feet along the extended north line of said Lot 10 to the POINT OF BEGINNING. Said tract contains 279,352 square feet or 6.41 acres, more or less. MERIDIAN CITY ANNEXATION CAROL'S SUBDIVISION ANNEX #4-Revised A tract ofland being all of Lots 1 thru 4, Block 1 and Lots 2 and 3, Block 2 of Carol's Subdivision, as shown in Book 38 of Plats at Pages 3164 and 3165, records of Ada County and a portion of East Leslie Drive and North Eagle Road all located in the Northeast ~ of Section 5, Township 3 North, Range 1 East, B.M., Ada County, Idaho. Said tract being more particularly described as follows: Commencing at the Northeast Corner of said Section 5; thence South 0000'00" East 1701.27 feet along the east line of said section also being the centerline of said North Eagle Road to the POINT OF BEGINNING, thence continuing along said section line and centerline line South 00000'00" East 121.73 feet to the centerline intersection with East Leslie Drive; thence leaving said section line and centerline of North Eagle Road North 90000'00" West 114.70 feet along the centerline of said East Leslie Drive; thence continuing along said centerline the following 2 courses: ANNEXATION AND ZONING ORDINANCE (AZ-03-0 12) PAGE 7 OF 10 Along a curve to the right 48.81 feet, said curve having a radius of 75 .00 feet, a delta angle of 37017'08" and a chord bearing and distance of North 71 021 '25" West 47.95 feet; thence Along a curve to the left 77.39 feet, said curve having a radius of 538.00 feet, a delta angle of 8014'31" and a chord bearing and distance of North 56050'06" West 77.32 feet; thence leaving said centerline South 29002'35" West 224.49 feet along the extended east line of said Lot 2, of Block 2; thence North 89046'00" West 269.79 feet along the south line of said Lots 2 and 3, Block 2 to the southwest corner of said Lot 3, Block 2; thence North 08001 '47" West 249.09 feet along the extended west line of said Lot 3, Block 2 to the centerline of said East Leslie Drive; thence along said centerline South 81058' 13 " West 71. 65 feet; thence leaving said centerline North 08001 '47" West 247.90 feet along the extended west line of said Lot 4, Block 1; thenpe North 77026'30" East 297.00 feet along the north line of said Lots 4 and 3, Block 1; thence South 72024'04" East 228.21 feet (as corrected by an Affidavit of Amendment, Instrument Number 773200, records of Ada County, Idaho) along the north line of said Lots 3 and 2, Block 1; thence South 44005' 18" East 304.10 feet along the north line of said Lots 2 and 1, Block 1 to the northeast corner of said Lot 1, Block 1; thence South 90000'00" East 25.01 feet to the POINT OF BEGINNING. Said tract contains 267,097 square feet or 6.13 acres, more or less. ANNEXATION AND ZONING ORDINANCE (AZ-03-012) PAGE 8 OF 10 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 Rural Low Density Residential District (R-2). 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: All ordinances, resolutions, orders or parts thereofin conflict herewith are hereby repealed, rescinded and annulled. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 7: 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 ofthe City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission ofthe State ofIdaho, all in compliance with Idaho Code 963-2215 and 950-223. ANNEXATION AND ZONING ORDINANCE (AZ-03-012) PAGE 9 OF 10 PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2-1 day of OG-to~ ,2003. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2..\ day of Dc-tol.rxr , 2003. ~~) ICLVV'-Wlij c0- W.uvd d& ei~\01~,~ l ~(e~o\Lv.-t . ~ ~~ (). ,:-"",~~ Of MEfTID4'1',,,,,,, ~ ~(C- .2" (} ot'<POR'4l; ~ ~ CITY CLERK .2 ~0 &0 ~ First Reading:~O-'2~-o6 ~-: T.'I ~ Adopted after first reading by suspe sian St1MRule s al~wed pursuant to Idaho Code 50- 902 Yes: X~;: Y'~ No: r? ff S d R d. .;,. - o,,{!\ ... e~on e~ mg: - ~~,>!o--1 "'uT 1S""'i . ~ ...f ThIrd Readmg: ///.1 C'QU" rr"{ ~ "" //1/1 Pi) ~ ' III" 1J11IilH In\\'\ ATTEST: STATE OF IDAHO,) : ss. County of Ada ) On this 2-7.-rrl day of Dc+o~ ,2003, before me, the undersigned, a Notary Public in and for said State, personally appeared...R.Qm=~ D. CQl~:R:I~Jand WILLIAM G. BERG, JR., known to me to be theMavAr and City Clerk, t~ly~5t'flf[CITY of Meridian, lJ.4H&1if,t;J P/t'.Pr:~t Idaho, and who executed the Witnm mstrument, and acknowledged to me that the City of Meridian executed the same. IN WI~I~HEREOF, I have hereunto set my hand and affixed my official seal the day and year f~~ ~. :.iif~O' ,p.....~_ :CI:J/ \ ~ (I (I ~ { j E ohCU1 m (n}I/L~ (SEAL) \. ~.... ~\c...i9.eo NOTARY PUBLIC FOR IDAHO ..;;.iilt6ii~~~. RESIDING AT: AoI{{~CiYtur:l:z-'f Jla-Iw lI." .....". MY COMMISSION EXPIRES: I &(-1/1-06 Z:\Work\M\Meridian\Meridian 15360M'Carol Sub AZ-03-OI 2\AZ revisedlwo Ord 10 15 03.dcc ANNEXATION AND ZONING ORDINANCE (AZ-03-012) PAGE 10 OF 10 I SEPTEMBER 1 1, ~,-,O3 PAGE 6 of 7 111111 II. Quadrant iN] Con sui tin g, Inc. ~ MERIDIAN CITY ANNEXA nON OF PORTIONS OF ~ CAROL'S SUBDIVISIONS 0 400 I I ( IN FEET ) 133 1 inch = 400 ft. UST/CK ROAD 32 S89'39'20"W -- 1328.08' 5 4 @ BN, R 1 [,8M NO. I UNPLA TTED @ ! ~~ I ~ ~:::;., cl ~~ 0 !I~ @ BLOCK 1 UNPLA TTED w "a j-... ON "01......: 00 br--. o If) @ a '<:( o 0;:: kJ -J <::l IlS ~ 0;:: o z PACKARD UNPLA TTED I I I I 1 I I I I L_ L__-, I I I I I L_______ STOKESBERRY SUB. ACRES @ I I I I I I NO.3: 405 s. 8th Street, Ste. 295 . Boise, JD 83702 . Phone POS) 342-0091 . Fax [208) 342-0092 . Internet: quadrant@quadrant.cc Civil Engineering. Surveying. Construction Management L43 SUB. ._QrdinWYlCR O~-loCSO PACKARD SEPTEMB[R 11, 2003 PAGe 7 of 7 LINE TABLE LINE BEARING 1 LENGTH Ll 500.15'll"EI 390.0D L2 S89'55'35"W I 249.38 L3 NOO.04'47"E 50.18 L4 N06.32'38"E 318.44 L5 N89.39'19"E 209.99 LINE TABLE I .L1NE BEARiNG LENG IH L6 1500.1S'11"E 545.25 L7 I N71.44'50"W 196.S1 L8 512"3S'24"W 238. 1 5 L9 N7T24'36"W 15S.04 LlO S2T06'19"W 272.61 Ll1 N7T24'36"W 186.92 L12 I NOO.23'19"W 50.00 L13 N4T41'16"E 315.42 L14 N34.SS'15"E 261.03 l22 579.47' 48"E 264.47 L51 N6S.11'16"W 248.31 L52 580.02'S7"W 191. 54 L53 NOO.23'19"W 795.09 L54 589.29'SO"E I 44.50 L55 534.44'25"E 258.41 L56 S59.06'5S"E 45.14 LS7 S26.49'46'.W 322.20 L58 562'18'29"E 124.9S LS9 535'25'17"E 45.00 LINE TABLE LINE BEARING LENGTH L23 SOO.lS'l,"E I 132.50 L24 S89.S5'3S"W I 399.67 L25 500.03'22"E 131.00 L26 N89'SS'3S"E 400.12 L27 SOO'15'11"E 131.00 L28 589.SS'3S"W 355.77 L29 NOO.23'19"W 494.55 L30 N89'S5'3S"E 354.78 L31 N89.5S'35"E 390.40 L41 $84'06'43"W 45.00 L42 500.04'29"E 200.00 L43 589'44'Ol"W 351 .48 LINE L32 L33 L34 L35 L36 U7 U8 U9 L40 L44 L46 L47 L48 L l LINE TABLE BEARING SOO.OO'OO"E N90.00'OO"W NOs'Of 47"W S81.S8'13"W NOS.01'47"W N7T26'30"E 572'24'04"E 544.0S'lS"E S90.00'00"E 529.02'3S"W N89.46'00"W N08.01'47"W 581'S8'13"W LEN GTH 121.73 114,70 222.23 68.58 233.49 479,50 228.21 . 304.10 25.01 224,49 269.79 249.09 71.65 247. MERIDIAN CITY ANNEXA TlON CAROL'5 SUBDIVISIONS LINE AND CURVE TABLES '__I .. Quadrant Con s u J tin g, Inc. ANNEX #1 CURVE TABLE CURVE I LENGTH I RADIUS J DEllA I CHORD BRG. I CHORD Cll 22.561 200.00! 6'27'51"1 $03"18' 42 "w I 22.56 ANNEX #2 CURVE TABLE CURVE I LENGTH I RADIU5 DELTA I CHORD BRG. CHORD C61 83.05 225.00 21.08'53" 549'OO'57"E 82.58. C71 395,18 500.00 45.17'OS" N32'50'44"E 384,98 C81 100.38 22S.00 25.33' 44" N42'42'27"E . 99.55 Clll 57,00 225.00 14.30'50" N70.09'15"W 56.84 CHI 149.17 225.00 37"59'12" 510"SS'S8"W 1 46.46 ANNEX #3 CURVE TABLE DELTA CHORD BRG. CHORD 5'20'01" N04.2S'36"E 106,02 ANNEX #4 CURVE TABLE CURVE LENGTH RADIU5 DELTA CHORD BRG. CHORD C12 48,81 75.00 37"17'08" N71.21'25"W 47.95 C13 77.39 538.00 S'14'31" , NS6.S0'06"W 77.32 ()Icli VltiN~C,L. 03- l vW 7~2 . ~hone (208) 342-0091 . Fax (208) 342-0092 . Internet: quadrant@quodrant.cc glneenng . Surveying. Construction Management ( SEPTEMBER 11, 2U03 PAGE 6 of 7 11I1IIll1 1111 Quadrant N Con sui tin g, Inc. ~ Jvf [RI D fA N CITY ANNEXA nON OF PORTIONS OF ~ CAROL'S SUBDIVISIONS 0 400 I I ( IN FEET ) 32133 inch :;;; 400 ft. US TICK ROAD S89.39'20"W -- 1328.08' e; 5 4 @ T3N, R 1 E, 8M NO.1 UNPLA TTE:O ! ",I;;:. f;;2~ !P UNPLA TIED ,!J-J o .r--. ON 01.....: 00 or--. o~ (f) t ... :;;. b; ~g.. ~Nc;i g~~. '" .. I , Q d 0:: l<J -l ~ liS ~ 0:: o Z PACKARD UNPLA TIED I I I I I I I 1 1 L_ L__-, r I I I I L_______ STOKESBERRY SUB. ACRES I I I I I I I 1 405 S. 8th Street, Ste. 295 · Boise, ID 83702 . Phone {208l 342-0091 . Fax (208} 342-0092 · Internet: quadrant@quadrant.cc {",ivil Fnnin,:,prinrl . S.I JrvPIJinrl . {"'nndrllrtinn Mnnnnp.mAnt L4J PACKARD C0rdJ VLO,.NtCL V'~-I Om SUB. NO. J SEPTEMBER 1" 2003 PAGE' 7 of 7 LINE TP.SLE LINE I SEARING I L;:-NGTH Ll I 500.15'11 "E I 390.00 L2 I S89'55'35"W I 249.38 L3 I NOo'04.47"E 50.18 L4 I N06'32'38"E 318.44 L5 I N89.39'19"E 209.99 LINE TABLE .L1NE BEARING I LENGTH L6 I SOo.1 5'11 "E I 54S.25 L7 I N71'44'SO"W I 196.S1 L8 I S12'3S'24"W I 238.15 L9 N7T24'36"W I 158.04 Ll0 I S27'06'19"W I 272.61 111 I N77'24'35"W 186.92 L12 I NOO.2J'19"W I 50.00 113 1 N4T41'16"E 315.42 L14 N34.5S'lS"E 261.03 L22 S79.47' 48"E 264.47 L51 N6S.11'16"W 248.31 L52 5BO'O?'57"W 191.54 L53 NOo'?3'19"W I 795.09 LS4 I 589.29'SO"E 44.50 LS5 534.44'25"E 258.41 LS5 559.06'58"E 45.14 L57 525.49' 46"W 322.20 L58 562"18'29"E 124.98 LS9 535.15'17"E 45.00 LINE TABLE LINE BEARING LENGTH L23 1 500.15'11"E 132.50 L24 1 589.55'3S"W 399.57 L25 500'03'22"E 131.00 L26 N89.S5'35"E 400.12 L27 500'15'11 hE 131.00 L28 589.55'35"W 355.77 L29 NOO'23'19"W 494.55 UO N89.S5'35"E 354.78 L31 N89'55'3S"E 390.40 L41 584.06' 43"W 45.00 L42 500.04'29''E 200.00 L43 589.44'01"W 351 .4S LINE L32 L33 L34 l35 L36 L37 U8 l39 L40 l44 L46 L47 L48 L l LINE TABLE BEARING SOO.OO'OO"E N90.00'00"W N08.01'47"W 581.5S'13"W NOS'Ol.47"W I N77'26'30"E $72'24'04"E $44.05'18"E $90'00'00"E S29.02'35"W N89.46'00"W NOS.Ol'47"W S81.58'13"W LEN GTH 121.73 114.70 222.23 68.58 233.49 479.S0 228.21 304.10 25.01 424.49 269.79 249.09 71.65 247. MERIDIAN CITY ANNEXATION CAROL'S SUBDIVISIONS LINE AND CURVE TABLES 111111 .. Quadrant Con sui tin g, 1 n c, ANNEX # 1 CURVE TABLE CURVE I LEN G TH 1 RADIUS I DELTA I CHORD 8RG, I CHORD Cll 22.561 200.00 I 6.n'sl"l 503'18'42"wl 22_56 ANNEX #2 CURVE TABLE CURVE 1 LENG IH I RADIUS DELTA 1 CHORD 8RG. I CHORD C61 83.051 225.00 21'08's3"1 $49.00'57"E 82.58 C71 39S.181 500.00 4S'17'os"l N32'SO'44"EI 384.98 e81 100.381 225.00 25".33' 44"1 N42.42'27"E 99.55 Cl11 57.001 225.00 14'.30.50"1 N70.09'15"W 56.84 C141 149.171 225.001 31"59'12"1 SlO"S5'SS"W 1 46.46 ANNEX #3 CURVE TABLE CURVE r LENGTH 1 RADIUS 1 DELTA I CHORD BRG. I CHORD clol 106.061 1139.391 5.20'01"1 N04'?5'.35"El 1 06.02 ANNEX #4 CURVE TABLE CURVE LENGTH RADIUS DEL TA CHORD. BRG. CHORD C12 48.81 75.00 37"17'08" N71'21'25"W 47.95 C13 77.39 538.00 8.14'31" , N56.S0'06"W 77.32 o,ollv1[~ O~-l6S0 7~2 . ~hone (208) ~42-0091 . Fax (208) 342-0092 · Internet: quadront@quadrant.cc ,.,~....~_rIM_ .... 'C".'.....'''''/....._ ... "...................J..... .....:,........ kA_....._,.....,~Io'V"I~...... CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State ofIdaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 03- 10750 , passed by the City Council of the City of Meridian, on the 2-l day of Oc-tobe.-r ,2003, is a true and correct copy ofthe original of said document which is in the care, custody and control of the City . . . \\lui'lllllll/J Clerk of the CIty of MendIan. "'\\\\'Of MEIT;,"fflll/ " ..i--\ ~L.t // .:- ..,-' ~VL 'l .2' v O~oR4l; 'Y ~ ~ ~0 ~o ::. :::: "" ~ - - ~ = ~~ =' - - - ... STATE OF IDAHO, ) : ss. County of Ada, ) On this 'ZZ- day of tt~\-xA , in the year 2aD3 ' before me, 0Vv1h o'Yl(<;:~+G , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) l!ll!lIllIllGlQ$' ~o<'\.O_NR~;. .+ ;'-0- 'fA ;:...~~. ill ' ~ - ~.;:..' ~... oCt;),' ~- \'-r"" o t ' III D I \ II a I I III o I I . .. . / CI 110 .. , Q .. bo-_ .. c' · .. U'~..~y.tSl..;~>_~O.. .,.. -<'.:(?tn ----..<\?>:... .....eQF lY.+ -.......IS.. (ShWl m g-yU 1-h, Notary Public for Idaho Commission Expires:~ - ~2:-c9t5 Z:\ Work\M\Mcridian\Mcridian 15360M'Carol Sub AZ-03 -{) 12\CertificationOfClerkOrd_doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-03-012 PAGE 1 of1 ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 10/24103 01:40 PM DEPUTY Bonnie Oberbillig RECORDEO-REQUEST OF Meridian City AMOUNT .00 5 1111111111111111111111111111111111111 103181094 CITY OF MERIDIAN ORDINANCE NO. 03- IOt;5'L AN ORDINANCE FINDING THAT, TUSCANY DEVELOPMENT CORPORATION, THE OWNER OF CERTAIN REAL PROPERTY GENERALLY LOCATED AT THE SOUTHWEST INTERSECTION OF VICTORY ROAD AND SOUTH LOCUST GROVE ROAD, MERIDIAN, IDAHO, TO BE KNOWN AS TUSCANY VILLAGE 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), 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: LEGAL DESCRIPTION TUSCANY VILLAGE SUBDIVISION ANNEXATION AND ZONING ORDINANCE (AZ-03-014) PAGE 1 OF4 A parcel ofland being a portion ofthe NE % of the NE 'i'4 of Section 30, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the northeast corner of Section 30, T.3N., R.1E., B.M., thence S 00014'24" W 1322.86 feet to the southeast corner of the NE 'i'4 of the NE 1;4, the Real Point of Beginning of this description; Thence S 89043' 12" W 1315.71 feet to the southwest corner of the NE 'i'4 of the NE 'i'4; Thence N 00003' 18" E 1322.50 feet to the northwest corner of the NE 1;4 of the NE );4; Thence N 89042'20" E 733.09 feet along the north line of the NE Y-t of the NE Y-t to a point; Thence S 30014'25" E 1157.00 feet to a point on the east line of the NE 1;4 ofthe NE Y-t; Thence S 00014'24" W 320.28 feet along said east line to the Real Point of Beginning ofthis description. Said parcel of land contains 33.26 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby armexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance armexed 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 ~ day of ~ep-bnl b.v1 ,2003, and that ANNEXATION AND ZONING ORDINANCE (AZ-03-014) PAGE20F4 , 2G03, 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 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 of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code 963-2215 and 950-223. ANNEXATION AND ZONING ORDINANCE (AZ-03-014) PAGE30F4 PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2( day of Oc..iD~) ,2003. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2/ day of () (-+V~ ,2003. ~~~ IOJVVl-rvLu, ole W WLcl, ATTEST: \\1\l1lII IIu't1 _? _ I~"_J ,(\\\~ (MlEtitfDfr l ('e }!iCL&VLC "v~ Vi II... , J /' (} 0""0..... "'1- '\. dr~4. J't_At_ ~:: ~c; ~o ~ CITY CLERK '17 "'T' : ~ SEAL ~ First Reading: l 0-- 21-0'3 ~. 7. ,g_ Adopted after first reading b\,s~~ tfls.Ytn1g{ ~l~ js allowed pursuant to Idaho Code 50-902 Yes: XI...y C R>i?-...$' "'/1// OUNT'{' \\....,<? /1, 1III 1/1/1111111\\1 Second Reading: Third Reading: - ---- STATE OF IDAHO,) : ss. County of Ada ) J- On this 1-1.Jl day of OrJ:i)hvu ,2003, before me, the undersigned, a Notary Public in and for said State, personally appeared WHCR.,J, P":J GQ~,!}and WILLIAM G. BERG, JR., known to me to be the~ an~lcn!X,hJ~rk, respectively, ot'ffilrCYf\{~:l:Merrd1an, Idaho, and who executed the within instrument, f~:1\'2At~%ledgl<ff81t!n\ that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .011 liI "&1./11 ....ON S~.Qo. ~ ----- ,,).+ .. ..'" ......:<: 4- ,,~ /;"O'fA.lf.A""?!.t.~. II"" I ""'Y \"'" 1\ II I , G II ' I .. I!I I J III II ~ f III .. ' : " A \ I liI ~ .... b.-_.C' 4' O.AU>~~:U~~~,~~O.. ..~~.1i?----19.~. Z:\ Work\M\Meridian\Meridian 15~~aIIRYVillage AZ-03-O 14 PP-03-O 15 CUP-03-029\AZOrd.doc (SEAL) ~hCJlM ~~ NOTARY PUBLIC FOR IDAHO RESIDING AT: AclQ(.DLwl~ I JdoJw MY COMMISSION EXPIRES: L{-Z&-()5 ANNEXA nON AND ZONING ORDINANCE (AZ-03-0 14) PAGE 4 OF 4 ~ -------- o'tl 3I\O'tlE) .LSn~Ol S ,9Z'OZt: M..Vz,t; ~ oOOS --- ,9~rzzt: ~ M.VZ.t;~oOOS --- cg lJ.l ~b"l \~ ~ ~t- Z ,0S"Zze \. 3..9\.,~0000N - o ~ o b :;; u1 ~ ~ t-l"- \li ~ o cr> ~..- (j) N \S)c: ~O ~r.~ 0\:5 u.l 6.g ~ Z(f) ~ UlQ)t- <.)0'>>0 ~~ ~ Q,.. / g Z "S 6~~ (t.~ 0(1) ::3 \- <9 u.,Z 02. 'i~ 6$ 0.. co ~ ~ uJ (>I _t::~ o?~ - (/) <<> 0::: ~ @, u.l $- <:( :z 09 l- . u..~~ OuJ- ';(.Q )- ~ ffi t:: ul ~ Og tJ) g (J) ~ ~ ex: Cl (/)g l- - Z 0> Ui~ -' .- .:( '" o ;a Cf) Cl 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, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 03- 1052- , passed by the City Council of the City of Meridian, on the 2-' day of tJCtvher > 2003, is a true and correct copy of the original of said document which is in the care, custody and control of the City, ~lnrk of \lllrI' III/II the City of Meridian. ",\\\ OF MER!. I1111 ", :\-{ ;0.( /"'l ~ ,.... c} RPOI:;> A :..r1-- 'l... 2 ____cP ''''l~ ~ If' .::- ~- 0_ dY~~ ff SEAL ~, 2 Tc., &-., ::. . Q/. ,C15 0 $' ~,'1'0 vSr 18\ . . v:: ~ ~;;,,, ~ a ~~~,,$' HO /111; OUm'{. \\", STATE OF IDA ,) 1///110111 nn"\\\\ : ss. County of Ada, ) On this 1--7Y\c\ day of OC-\-o beA ,in the year 200 3 , before me, r0 h l1JfYl (S rn:.~ , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk ofthe 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) ~.."'IIW"lir. ..~ 9_N_~dJ:". ~~~~o'f~",~.... lirV:J / ~ -A \vp... o I \ ~ .a I. , . .. : : Ii 'P \ . . '110 \ I It .. ' / It Co. ';'''''!tJm.,\C/~' 0.'" -... ~, . ...~~----.,-('\1>>= .. .. .. ~.c:: OF 1.).0' .. + ........ (C)Y1 Q/) (Vi &)'L~ .-/-f--J Notary Public for Idaho Commission Expires: 4 - 25? - 05 Z:\ Work\M\Meridian\Meridian 15360M\Tuscany Village AZ.03"() 14 PNl3..() 15 CUP-03-o29\CertificationOfClerkOrd.doc CERTIFJCA nON OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-03-014 PAGE I OF 1 ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 10/24103 01:40 PM DEPUTY Bonnie Oberbillig RECORDED-REQUEST OF Meridian City AMOUNT .00 10 111111111I111111111111111111111111111 103181096 CITY OF MERIDIAN ORDINANCENO.03- lV60 AN ORDINANCE FINDING THAT, KEVIN HOWELL, KELLY AND BRENDA FULFER, JACK FULFER, RANDALL AND TANYA CALKINS, AND KEVIN HOWELL CONSTRUCTION, THE OWNERS OF CERTAIN REAL PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF LINDER AND McMILLAN ROADS, MERIDIAN, IDAHO, TO BE KNOWN AS KELL Y CREEK 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), 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-03-013) PAGE 1 OF? FULFER PARCEL DESCRIPTION The South 12 of the Southeast 1,14 of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: COMMENCING at a found 5/8" iron pin (no cap), marking the Southeast corner of Section 26, the POINT OF BEGINNING; thence along the Southerly boundary of Section 26, North 89028'38" West, 2,625.53 feet to a found 5/8" iron pin with plastic cap stamped "HUBBLE PLS 4998", marking the South t;4 corner of said section; thence along the Westerly boundary ofthe Southeast 1/4 of Section 26, North 00037'07" East, 1 ,330.30 feet to a found 5/8" iron pin (no cap), marking the Center-South 1/16th corner of said section; thence along the Northerly boundary of the South 12 of the Southeast t;4 of Section 26, South 89013'39" East, 2,620.84 feet to a found 5/W' iron pin with plastic cap stamped "HUBBLE PLS 4998", marking the South 1/16th corner of said section; thence along the Easterly boundary of Section 26, South 00024'54" West, 1,318.88 feet to the POINT OF BEGINNING. Said parcel contains 79.77 acres (3,474,619.61 square feet), 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. ANNEXA nON AND ZONING ORDINANCE (AZ-03-0 13) PAGE 2 OF 7 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), Limited Office District (L-O), and General Retail and Service Commercial (C-G). FULFER DEVELOPMENT - R-8 ZONING PARCEL DESCRIPTION That portion of the South 12 of the Southeast Y4 of Section 26, Township 4 North, Range I West, Boise Meridian, Ada County, Idaho, more particularly described as follows; COMMENCING at a found 5/8" iron pin marking the Southeast corner of Section 26, from which a found 5/8" iron pin marking the South 'l4 corner of said Section bears North 89028'38" West, 2,625.53 feet; thence along the Southerly boundary of Section 26, North 89028'38" West, 600.70 feet to the POINT OF BEGINNING; thence continuing along said boundary, North 89028'38" West, 1,324.45 feet; thence leaving said boundary North 00034'05" East, 424.65 feet; thence South 80037'07" West, 436.64 feet; thence North 89022'53" West, 270.00 feet to the Westerly boundary of the South 'l2 of the Southeast Y4 of Section 26; thence along said boundary, North 00037'07" East, 980.30 feet to the Northwest corner thereof; thence South 89013'39" East, 2,620.84 feet to the Northeast corner of the South 'l2 of the Southeast Y4 of Section 26; thence along the Easterly boundary of said Section, South 00024'54" West, 897.75 feet; thence leaving said boundary, North 89035'06" West, 600.70 feet; ANNEXATION AND ZONING ORDINANCE (AZ-03-013) PAGE 3 OF 7 thence South 00024'54" West, 420.00 feet to the POINT OF BEGINNING. Said parcel contains 67.976 acres (2,961,013 square feet), more or less. FULFER DEVELOPMENT - C-G ZONING PARCEL DESCRIPTION That portion of the South Y2 of the Southeast ~ of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at a found 5/8" iron pin marking the Southeast corner of Section 26, the POINT OF BEGINNING, from which a found 5/8" iron pin marking the South 14 corner of said Section bears North 89028'38" West, 2,625.53 feet; thence along the Southerly boundary of Section 26, North 89028'38" West, 600.70 feet; thence North 00024'54" East, 420.00 feet; thence South 89035'06" East, 600.70 feet to the Easterly boundary of the South ~ of the Southeast 14 of Section 26; thence along said boundary, South 00024'54" West, 421.13 feetto the POINT OF BEGINNING. Said parcel contains 5.800 acres (252,633 square feet), more or less. FULFER DEVELOPMENT - L-O ZONING PARCEL DESCRIPTION That portion of the South ~ of the Southeast 14 of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: ANNEXATION AND ZONING ORDINANCE (AZ-03-013) PAGE 4 OF 7 COMMENCING at a found 5/8" iron pin marking the Southeast corner of Section 26; thence North 89028'38" West, 2,625.53 feet to the South 1;4 corner of Section 26, the POINT OF BEGINNING; thence along the Westerly boundary of the Southeast 1;4 of Section 26, North 00037'07" East, 350.00 feet; thence leaving said boundary, South 89022'53" East, 270.00 feet; thence North 80037'07" East 436.64 feet; thence South 00034'05" West, 424.65 feet to the Southerly boundary of the Southeast 1;4 of Section 26; thence along said boundary, North 89028'38" West, 700.38 feet to the POINT OF BEGINNING. Said parcel contains 5.991 acres (260,974 square feet), more or less. 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 ofthat certain Development Agreement by and between the City of Meridian and the owner ofthe land described in Section 1 dated the J 1* day of UC t-c.ben ,2003, and that the uses are to be developed under the planned unit development process and conditional use permit process. ANNEXATION AND ZONING ORDINANCE (AZ-03-013) PAGE50F7 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 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 of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State ofIdaho, all in compliance with Idaho Code 963-2215 and 950-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN~ IDAHO~ this '2- \ day of (i)C+d0V{ , 2003. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2. \ day of OC1:om,v ,2003. ~d~~ MkYOR let ole WWL~ \\11 I III/II ,.,:,,~\'-\ of " z III/J'/{ ? rt' 'Y\ o~t ~ o~. 'l ./ .;:- . '''"1)-; ~ Jf~~- ~~l~f ~ ~ \ CITY CLERK :: First Reading: - 'L \ -03: ATTEST: Adopted after fiTst reading by suspension of the Rule as allowed pmsuant to Idaho Code 50- 902 Yes: X No: Second Reading: Third Reading: --- STATE OF IDAHO,) : ss. County of Ada ) \'"IJ f:\' On this 1.-.7) day of uc~\Qe..rL , 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared R.Q1H~:~I,l3 CO~~jnd WILLIAM G. BERG, JR., known to me to be the'~and ~ Clerk, respectively, b'ttile'e'rNto'trvferictian, Idaho, and who executed the within instr\M.1~8f;a&aP'(~How"tedged 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...."044 ."'oN S}j';.~ o.~,-----~~~.. I) ~...'" ..... A " ,,;;>;.. ............. 0 }.&"'-4'(' )o.'"..i',t'> ., ""'-t', I ~ ..,- \~-r"~ at/) / "'V \ III .a J I 't:I D ' I iii .. \ I . . \ I . .. \ I " \ C' e · ..... br_"'\ , O. .. <S',,;:~~-u.l:n...~/~. . 0( Af"";'--<<<'?-:'. .. .<'l~.o OF l.Y.... .o..b....- Z:\Work\M\Meridian\Mcridian 15360M'Kelly Creek Sub AZ-03-o 13 PP-03-014 CUP-03-o28\AZOrd,doc (SEAL) 8hMrn ~-tW NOTARY PUBLIC FOR IDAHO RESIDING AT: AclG\JOUN~ Jc\o.Jw MY COMMISSION EXPIRES: 4 -2g-DS ANNEXATION AND ZONING ORDINANCE (AZ-03-013) PAGE 7 OF 7 ~ B H30N\1 I;LI (t)b \lO 0 ~O " 'N $ cJ) ~ ~ ~ 3 ~ :!. 3- .99'VZV M..90.vBoOOS -- .OO'09B 3..LO.LBoOON -- t ~. COLO ~~ 0')(."..\ co Z o -, (J) t z ~ ~ o ~ Q) - JJ\ ~ 0,\ ~ ~ ~7t O~a:.o(/)~ (\) ~ - '0 z Q) ~ ffiffi~ uJ;-; r~ <; B 9 0....... <0 ~l- - Z:;:o-.Nu..~~ .....~ c o~o ........ W' 0 4;.- Z~ 75 >->~ - OJ \- ,~ o (j)_Ul 0:: ()~ o ~ ~Co \co ~ No o ?- m z G u-Z Oz 'Z~ -~ 2.lfJ (J)~ ~a ~ ;. 4. ~ ~ 0 o .J uJ z 2 ~ - r() VJ ..Q ~ s: z~ <( WN I--q- O~ Ii - -to 0;:)(') ZID _ c.o co a~ ~3aNI1 co ~ z n:::: cia N ...,. w~~ We.) l- e.) ID :;EoQ Z~ I- . N LLo:z ~ ~ <(W I::: o w<( 1-0 Co Z~ 0 >- ~ ffi Co e e t5 J~ ,... Ire ,... 0 0 III I- ui :E 0 Cf) 0 0 u..Z 0:: 00 0 " co 02 m " co m 0 m m a:I a:I I-Z Z Z z- -0 Ow a...m ,OO'OGV / M,vS,VGoOOS - 0 0:: Z <( :J ..J ~ (,) :2: s: ~ ib Co Ire ~ v C\I " ('I) CJ) ~ 0:> Z CO c:: W Z 0 N o .... (j) :>: III ~ e::: Cl ,SL"L69 M,vS,VGoOOS (') ~ ~ z C5 Iii ~ ~ d) o Ri c.o Cl LU &., '-t tF ~ mID CON (fJ r ,99'VGV 3,,90,vEoOON _ , 1 ~ ~ ~ ic; <.0, \~ <.0 ';;~ b,q- co <f) .OE"096 3"LO,LEoOON ~ Me I ~ ci to"" O)C\I a:I Z \ 9,' \ <<} tp. \[) ~ 0 \ - \""' ~~ cs\ ~ 0 ~ ~W('l t::~ ~~ it. B? (J)<P .z. (lciO ~O ..t Ul~~ \- ~og ~ ~z 'Z~ U-w4. 4:<0 ~ O~g Z"i:t ~-'3 )-~~ ~ (\,) r- .~ (/) ...-w Og 'i3 0 (P (/) r::; 'i~ .. (3 w ~ <t \ ;;) ~ \ Q ~ \ \ (/) 0 '6- ~ ......- 'i- _(9 ~~ a~ ~3aNn ,'[:\:\.Z11 I N\.;W.VZoOOS ~ ~ ---I __ ('.1 u.l ~ ~ Go io~ \~ ~ (")g " l.P $ (fj ,OO'OZV 3..v9.VZoOON ::;;0;-- (")0 \i1 ci " g $ 'Z- ~ ~ :J. :J ~ o ~ ~ C!) <.) Ul Z ~ ~ --- ( 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, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No, 03- '058 ,passed by the City Council ofthe City of Meridian, on the 2-' day of Octobtr ,2003, is a true and COlTect copy of the original of said document which is in the care, custody and control of the City Clerk of the City of Meridian. \\\\\\\,~I~I~~~1I111111 ,\' _I 0, '>!It:;.RIfJ //// ", ~~ ~ /'l " ~'\ -lA. ,- $' (J ot\POR.~ ); . v ~ .::: _,0 ~A -::- ~ ~ v ~ - - - ~ = = STATE OF IDAHO, ) : ss. County of Ada, ) On this 1.-7--- d',!Y of [)C~ , in the year 2003, before me, 8'A.Q)( (Y\ 2::>YYvJ-~ , 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) ,.,1\111 II ao. ~.ON SJ/ ~4> ~. ,~____~~>o. .& "," ....~' of. " ,'O't~t~'~'f, it , ~ of"" ,'Y"'. q(;l;) I ...., \ f> B I \ Ii> " : : '" as I f ta \II , I .. 11 \ " q 11 , ~C'" " '" .n"" ~ /~O(> . 'U-' ........ ..."" .. . 1'..1.,.;.---- -rl"'\ ~ ... ..~~".o OF 1,.., ",. e".",..",.. 8hMlIYl $rnc+~ Notary Public for Idaho Commission Expires: L) -7.-'3 -0<0 Z:\ Work\M\Meridian\Meridian 15360M'Kel1y Creek Sub AZ-03-o 13 PP-D3-o 14 CUP-03-o28\CertificationOfCIerWrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-03-013 PAGE 1 OF 1 ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 10/30103 11:06 AM DEPUTY Bonnie Oberbillig 11111111 III REC.o~DED.-REQUEST OF 11I11111111111111111111111 Mendlan Cltv 103184139 AMOUNT .00 6 CITY OF MERIDIAN ORDINANCE NO. 03- I 04 OJ AN ORDINANCE AMENDING ORDINANCE NO. 03-1033 AN ORDINANCE AMENDING ORDINANCE NO. 03-1033 FINDING THA T 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: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit: ANNEXATION AND ZONING ORDINANCE (fka Kodiak Development ~ AZ-OO~026) NOW FOR BEAR CREEK, LLC AZ-99-0 1 0 PAGE 1 OF 5 A parcel ofland located in the NE 1,4 of the SE 1,4 of Section 24 T.3N., R.lW, and the NW 1/4 ofthe SW 1,4 of Section 19, T.3N., R.lE., B.M., Ada County, Idaho more particularly described as follows: BEGINNING at the 'l;l corner common to said Sections 19 and 24 from which the SE corner of said Section 24 bears South 00055'37" West, 2661.00 feet; thence along the East-West centerline of said Section 19 South 89059'45" East, 70.00 feet to a point on the East right-of-way line of Meridian Road (State Highway 69); thence along said East right-of-way line South 02000'09" West, 191.70 feet; thence North 89004'23" West, 131.39 feet to a point on the West right-of-way line of Meridian Road (State Highway 69); thence leaving said right-of-way line North 86018'31" West, 32.96 feet; thence North 89009'01" West, 1217.23 feet to a point on the West boundary line of the NE ~ of the SE ~ of said Section 24; thence along said West boundary line North 01001 '59" East, 159.90 feet; thence leaving said West boundary line North 45055'40" East, 40.10 feet to a point on the East-West centerline of said Section 24; thence along said East-West centerline South 89010'38" East, 1286.51 to the Real Point of Beginning, containing 5.98 acres, more or less, SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part ofthe 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). ANNEXATION AND ZONING ORDINANCE (fka Kodiak Development - AZ-OO-026) NOW FORBEAR CREEK, LLC AZ-99-010 PAGE 2 OF 5 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 sth day of August, 2003, recorded with the Ada County Recorders Office on the 14th day of August, 2003 under Instrument Number 103137113; the June 2003 Addendum to Development Agreement dated the 2nd day of July,2003, recorded with the Ada County Recorders Office on the 14th day of August, 2003 under Instrument Number 103137112; and the October 2003 Addendum to Development Agreement dated the 21st day of October, 2003, .,." recordedwiththeAdaCountyRecordersOfficeonthe 30 - day of Clc.J'~~ , 2003, under Instrument Number \ 0 ~ \ 2>L-\ l ~ e ; 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 thereofin 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 of the City of Meridian shall, within ten (10) days following the effective date ofthis 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, ANNEXATION AND ZONING ORDINANCE (flea Kodiak Development - AZ-OO-026) NOW FOR BEAR CREEK, LLC AZ-99-01 0 PAGE 3 OF 5 including the lands herein annexed, with the following officials of the County of Ada, State ofldaho, to- wit: the Recorder, Auditor, Treasurer and Assessor and shan 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 g63-2215 and g50-223, PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 1-1 day of () c.-tohtx' , 2003. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2../ day of Or.b:,h.e.-y- ,2003. ~/~ -- . . J ctm WUj ~ Weer d ATTEST: Qli-4 Cb{)..iV\..e;L 7(e~'G~t ~\1\1I111111111 \\\\ f ME 1111 ,-,\\ -J 0 RID. 1111 " ~, ~ II $' a aPQt;;>.. -1~ 'l.... JI ~ .~~ .~~ ~ d~A &11. (l,g '$'- 0 ~ CITYCLERK '(7-7 r~ SEAL ~ First Reading: -2 -03 ~""u QJ& i Adopted after first reading bj-~~ le1 E " ~~s allowed pursuant to Idaho Code 50- d902 d' Yes: X No: 1111"1/ ("aUNT'< . ~\\"", Secon Realllg: 1111/"rl1: !l1\\I\\\\ Third Reading: ANNEXATION AND ZONING ORDINANCE (tka Kodiak Development - AZ-OO-026) NOW FOR BEAR CREEK, LLC AZ-99-010 PAGE 4 OF 5 STATE OF IDAHO, ) ss. County of Ada. ) Vld. O' On this 22 day of cl:obeJ) , 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared ~DERT :f:1:::"~ and WILLIAM G. BERG, JR., known to me to be the~ ~d <;mlerk, resplMrv~, GOfthe CITY of Meridian, Idaho, and who executed the within in~idment, ~~na:erc~owledged 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) ..111..1>"111. ."'ON SJl!. .~~,,----~~~.. ~hSPO 'tAJ?;~,:o.~. i!II..........,~ .,.....\..",.... 1I1t/)' "Y. ~ Po a I , II .. : ~ iii a I . IilI ~ \ t . g, \ l . · , :!bm.;C; I) 'l)~ .n........ :\! ~; c. ... u..... ..,; .. '9' Jo~?'i;:.--'....... 4- ..i~.ocOF ).Y.o. 0........0. SYLMm ~V NOTARY PUBLIC FOR IDAHO RESIDING AT: AclcL to\;~~ ,< Dd0J0 MY COMMISSION EXPIRES: ' 4- ?!lv 0<; Z:\Work\M\Meridian\Meridiall J5360M\Bear Creek\AZ revised Ord 10 08 03.doc ANNEXATION AND ZONING ORDINANCE (fka Kodiak Development - AZ-OO-026) NOW FOR BEAR CREEK, LLC AZ-99-010 PAGE 5 OF 5 ~ - ~~ ~ ~!'-I ~ ~%;5~ ; O:!Q 5 ~ z.:: ~ dw~CJ) <;;:'()::::I~ ..:.::S Z U) s: .e <{ ~ ~ o z.~ Z co"8c<> ~ 0::: ~ I- ! 0 i ~ & !:lJ~~~bU Clmo,c.,;....o ZVONMV O:::Cno;reofn <(~PP;r-lP WO>Nmcol.O /IlCDOCOCDV CJ)CJ)ZzZ W ..J /Il ~I wI- z0 ..Jffi ..J OomCOO of'-.~O>..- ci"-"-C\lO f'-.~~M'<:t w z:i::::~~3 ::i II -C'Q -I -v -I ~ (!.I lLZ Oz I-Z z- -Cl Ow a../Il yJ eo..- t~ ~ Q)C\l co"- en ? M C'! ....... ..- C\l ..- l~ " Q) co Z AVM Mro !lV38 S 8 ZN <( I.!J N - !:: ;g o ~lZ n:: ri 0 ill 1.!J:r: 2B~ J- ft LL o:::Z Ow~ 1-0 >-~ir }- .~ - UJ 00 (0 (0 o -, Cf.l :>: m ~ <( 0::: o ~ g ~ ~ ;:i! 2 o I'll (/) 0 Ul '" a ::0- s 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- 1049 , passed by the City Council of the City of Meridian, on the 21 day of Oc:Cobe....r, 2003, is a true and correct copy of the original of said document which is in the care, custody and control ~tl~dHHx Clerk of the City of Meridian. ,,\\:~\ Of MErr;"II'I/ ..-,' ..C\ 'VI." /'i ..,'" U,", pOI:>.. -1..g., t'~ '" cpt" ''''i~ ~ A 2 ~ <:) ~ ~ - L ~ = ~#-:: = - - , STATE OF IDAHO, ) : SS, County of Ada, ) On this '2-2 day of f)c~ ,2003, before me, 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) .,.t3l.,,&0 Q90N SJl'!<1> ~. ,----~~~,.. .. .. rr~',r.,... It "0 Jl. . ~~,,-r~.. ~ /~ ..,-~~. bt/) I "'Y- \ 0. a I \ a ,. : ~ g . I I m ~ , , s .. ' I 0 · \ C I . e. ~n'.. br_~_,~/O. u- ,,~U.tSl..J.. ~ .. )o..,~----..<\ . +."l..,u OF l.~.. ..Da.,.... 2)nDA tY\ S rv-U- -/-~ Notary Public for Idaho Commission Expires: !-\. -7...c/..,--r:;:; Z:\ Work\M\MeridianWeridian I 5360MlBear Creek\Cert Of Clerk revised Ord 10 08 03.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN BEAR CREEK, LLC AZ-99-010 fka KODIAK DEVELOPMENT PAGE 1 of 1 ADA COUNTY RECORDEft,J, DAVID NAVARRO BOISE IDAHO 10/30/03( )6 AM DEPUTY Bonnie Oberbhug RECORDED-REQUEST Of Meri d i an Cj tv AMOUNT .00 OCTOBER 2003 ADDENDUM TO DEVELOPMENT AGREEMENT DATED AUGUST 5, 2003 3 11I1111111I11111111111111111111111111 103184138 The following is an October 2003 Addendum to that certain Development Agreement by and between the City of Meridian, a municipal corporation of the State of Idaho, and Bear Creek, L.L.C., whose address is PO Box 344, Meridian, Idaho 83680, and which Development Agreement is dated the 5th day of August, 2003, and this Addendum entered into this 2/.5J;::- day of October, 2003, specifically is subsequent to the entering into of the original Development Agreement, and recorded in the Ada County Recorder's office as Instrument No. 103137113. This October 2003 Addendum specifically pertains to the Exhibit "N' Legal Description Of Property. The parties hereto agree as follows: A. The Development Agreement dated August 5, 2003, as it pertains to Exhibit "A" Legal Description Of Property, is amended to read: EXHIBIT" A" Lee:al Description Of Property A parcel ofland located in the NE ~ of the SE y.; of Section 24 T.3N" R.1W, and the NW y,j of the SW y,; of Section 19, T.3N., R.1E., B.M" Ada County, Idaho more particularly described as follows: BEGINNING at the y.; comer common to said Sections 19 and 24 from which the SE comer of said Section 24 bears South 00055'37" West, 2661.00 feet; thence along the East-West centerline of said Section 19 South 89059'45" East, 70.00 feet to a point on the East right-of-way line of Meridian Road (State Highway 69); thence along said East right-of-way line South 02000'09" West, 191.70 feet; thence North 89004'23" West, 131.39 feet to a point on the West right-of-way line of Meridian Road (State Highway 69); thence leaving said right-of-way line North 86018'31" West, 32.96 feet; thence North 89009'01" West, 1217.23 feet to a point on the West boundary line of the NE )4 of the SE y.; of said Section 24; thence along said West boundary line North 01001 '59" East, 159.90 feet; thence leaving said West boundary line North 45055'40" East, 40,10 feet to a point on the East~West centerline of said Section 24; October 2003 Addendum to Development Agreement Dated August 5, 2003 (Bear Creek - AZ-99-0 1 0) PAGE 1 OF 3 thence along said East-West centerline South 89010'38" East, 1286.51 to the Real Point of Beginning, containing 5.98 acres, more or less. B. Except as modified by this Addendum, the Development Agreement between the parties dated August 5, 2003, is hereby ratified and confirmed. IT IS SO AGREED. DATED AND SIGNED this .2/ ~ day of tJJvn 6 eA.- ,2003, ACKNOWLEDGEMENTS IN WITNESS WHEREOF, the parties shave herein executed this addendum and made it effective as hereinabove provided. DEVELOPER: BEAR CREEK, L.L.C., tlL CITY OF MERIDIAN ATTEST: - - - - ~~~~)L October 2003 Addendum to Development Agreement Dated August 5, 2003 (Bear Creek - AZ-99-01O) PAGE 2 OF 3 STATE OF IDAHO, ) ss: County of Ada, ) ,~ ,~ # fi l' 1 On this o! vI day of October, 2003, be ore me, a Notary Pub lC, persona ly appeared Greg Johnson, member of Bear Creek, L.L.C., known or identified to me to be one of the members of the Limited Liability Company who executed the instrument and the member who ..~!lbsurib~d...~:id Limited Liability Company and acknowledged to me that such Limited Liability l;,~~~RrW~~&{xecuted the same. <cc:~' ~y ooG 0.0 ~ ,'//:4..'" .<'f'.RY '1.~~ e..r I G 0" 0 ~ ~; <<<;.. ~ , .. '" e;J ~ 0.....,- II) ,. ~. mt rn ,2; .. , ..."" III 0 : ~ Q ~ m ~ \~, ':,lSEAI~V :!.:t: 1: " y 'l:. p~ .." "'" :: ~....,.... o. o. ..c"'\ y :;; ':>c "...."^......o.. '\.y ,,'" <' J' w ~.... "';;'<". 7' ATE 0 ........ .... "':;"''''}~:; .:_:;;; ~ 1i~1l'll't':) ~ STATE OF IDAHO,) ~1~OAj u~ vf~ Notar Public for Idalio Residing at: '?!i:~O~';/J-' ~Q.....~ My Commissi n Expires: 9 So oP I ss: County of Ada, ) '(lc\ D On this n day of c.to~ , 2003, before me, the undersigned, a Notary Public, personally appeared BP~. Cp'~d William G. Berg, Jr., known or identified to me to be the . -j\(I~Gf-~gi~&erK, respectively, of the City of Meridian, who executed the instrument orCfh~ ~ers~hs It/at executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. (SEAL) .ma&::I Q.b.., .. ~. OJiL~4i:<>... .tl~~ 'I A ;;,...!(;.... ,,~,::;"O -~..A- ...........,. "t-:), "<V \~~~ : : \ g I I II IZ L ~ II 1ll \ J Q' Q ... I II '" .. C I . '!loA ,n"" br_~ ~/o. 'V u-, '-:. UJ:jJ..." ... i>.. ~,..;:.___~..:<.. .... ..~.o-OF ~. ..11.... ~Vwm Svn.t ~ Notary Public for Idaho Residing at: fidO:. Co~~ ) ~ Commission expires: t(-2 -OS" Z:\Work\M\Meridian\MeridiaJl l5360M\Bear Creek\October2003 ADDEND to Dev Agmt Aug 5 03.doc October 2003 Addendum to Development Agreement Dated August 5, 2003 (Bear Creek - AZ-99-01O) PAGE 3 OF 3 ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 10/30/03 11 :06 AM DEPUTY Bonnie Oberbillig RECORDED - REQUEST OF Meridian City AMOUNT ,00 5 1111111111111111111111111111111111111 103184141 , , /'1 \ I.. V r} CITY OF MERIDIAN ORDINANCE NO. 03- ]OSI AN ORDINANCE FINDING THAT. SUNDANCE INVESTMENTS LIMITED PARTNERSHIP AND ADA COUNTY HIGHWAY DISTRICT, THE OWNERS OF CERTAIN REAL PROPERTY GENERALLY LOCATED EAST OF EAGLE ROAD AND SOUTH OF OVERLAND ROAD, MERIDIAN, IDAHO, TO BE KNOWN AS SILVERSTONE CAMPUS 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 GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT (C-G), 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: 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: Sundance Investments Limited Partnership owns the two largest parcels totaling 77.8 acres. and Ada County Highway District owns the third parcel along the east boundary totaling 2.9 acres: ANNEXATION AND ZONING ORDINANCE (AZ-03-0 16) PAGE 1 OF4 A parcel of land being the E 12 of the NW Y: of Section 21, Township 3 North, Range 1 East, B.M., Ada County, Idaho and more described as follows: COMMENCING at a brass cap monument marking the NW corner of said NW '/4, thence S 89014'20" E a distance of 1332.53 to a 5/8 inch rebar marking the NW comer of said E 12 and the POINT OF BEGINNING; Thence along the North line of said E 12 S 89014'20" E a distance of 1332.52 to a brass cap monument marking the NE corner of said E 12; Thence along the East line of said E 12 S 00011 '43" W a distance of2657.19 feet to a brass cap monument marking the SE corner of said E 12; Thence along the South line of said E 'is N 89007'33" W a distance of 1333.75 feet to a 5/8 inch rebar marking the SW comer of said E 12; Thence along the West line of said E 'is N 00013' 16" E a distance of2654.55 feet to the POINT OF BEGINNING; Said Parcel contains 81.28 acres more or less and is subject to all existing easements and rights-of-ways of record or implied. 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 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 2- nd day of ANNEXATION AND ZONING ORDINANCE (AZ-03-016) PAGE 2 OF4 Dc-woo, ,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. 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 (l0) 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 of Idaho, to-wit: the Recorder, Auditor, Treasmer 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. ANNEXATION AND ZONING ORDINANCE (AZ-03-016) PAGE 3 OF 4 PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this gc~ ~2003. AP~ROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this (lcbJber , 2003. 2-1 day of 2-1 day of ~~ ATTEST: ~l4\Y. I 'll}{Jl~( &;~ ? r€ ~ 'c[wz..t ....',' -{ Qr--f\:i'iCA'tbl 11/// JL ~~ ~~ . . ft ~ ~ j" (j (p'0POR.tj~ \. ~..::...-. ::;: ~ ;0 ~ - ~ CITY CLERK ~ SEAL ~ First Reading: ,.- Z -03 ~ ~ 2 Adopted after first reading bY:.sus ~;^n of)h#t :l.Ib: $ allowed pmsuant to Idaho Code 50~ -;.. y. <.t.....~r 15 \ . ~ " 902 . Yes: X',,?-;/ '4 Co ~~ ....l Second Reading:"-- ,1//11/1 UNT"<. \\\"" Th' d R d. - 11/1/1Il! nl\\" Ir ea mg: STATE OF IDAHO,) : ss. County of Ada ) n 'fId, . r _ _ On this t-S day of nC-tvr;;>-e('"" ,2003, before me, the undersigned, a Notary Public in and for said State, personally appeared ~8.BER-'F-B:-C-e-~ and WILLIAM G. BERG, JR., known to. m~ t? be t~~f ar~tfi~ Clerk, respectively~ ~~T~eridian, Idaho, and who executed the WIthIn mstrumttif,6an~ackn6\t~ed to me that the CIty 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(>,. tlllllll a o. .~~Q_N~~i!t:.. Q (~ () 41WOT~",~.. -6Y I OJ) dYl OYY\A'+~ (SEAL) :":Jf ~ :.;.. ~':,. NOTARY PUBLIC FOR IDAHO : :'>'<' i: RESIDING AT: AcLo..JO[;VvW-hlLo..tLD l!l , , III ~ \ i: MY COMMISSION EXPIRES: '-.jLf-2g-o'S 00. d>~...!:Pm...1S~O ftt4 .-<:~~---- ?>:..+ Z:\ W ork\M\Meridian\Merid ian 15:ft;il . ~Fr11J.E tlus iness Campus AZ-03-o I 6 PP-03 -0 18\AZOrd ,doc a...~'" ANNEXATION AND ZONING ORDINANCE (AZ-03-016) PAGE40F4 ~ - ~ Ul bN \~ t.q 0 'o;t(."..\ "'<'" c<'>O m (I') z 00"'<'" (/) 'S 0::: u.I b u.I Ul " ~ 0(") ,~ ~ .q- (."..\ "'<"'(I') o c<'> $"'<'" if) C9 u-Z Oz \-z z- _t!> OU! o..al = 1 .6~'L99l M"EV. \. \.oOOS - .gg"V99l 3,,9\..noOON - aB 31~'V3 s - -. - 8 ZN u.I <( ~ "'l ...- -::) 0:: 0 (J) z ~ ci~ (() Ul W '" \-. c:::: ~ 8 "'<'" ~ 1- . N u-oc~ c ow- o 1;(9 ~ >-3:ffi Q) \- .~ (/) _ uJ og (0 - \r;) aW -~ ~\~ .0 Ow z$ u.l .s Ow z:::S <(CO zo> _c o~ ct.... Do> Z en - o -, (J) t z ~ a: o (J) a ~~ u.i Oi -' '" '" .s <.) <II (J) 0 ./ 3; " to ~t-: \r- c<'>_ oc<'> o (i) 0')...- (:0 Z == CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasmer 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- /05 ( ,passed by the City Council of the City of Meridian, on the ~I day of OG~( ,2003, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerk of the City of Meridian. \\,,\\111111111///111 ,,\\~ of MEfltD. 1111/ ....'> :<.. ~ 2.; ......... ~ r~ '-'POb :A~ /... ~ V 0''0. cun >- v --::... " G 'i<f:; ..- ~ 0 ~ - - - - STATE OF IDAHO, ) : ss. County of Ada, ) rc\ tf\ '_L "'"'"> On this 1- ~ d~ of _ \....,.Ie-""(1..f:;K.J L , in the year 2003 , before me, ~V\u J\ (/Y\ fSy-yvl.. ~ , 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) oaQt:lli!Q'll ~~GON S :;O(1~ t)':~~O'TA""h1t.r;.. I:I~'::-"= -"4'(' Jo.... ...-r'.. tJCtJ,' ..... -r"' \.~. Q I " f> D I I III III I I III g , f III 'GIo , t f!J1 Ell ' l 13 Ell '.. .br-_. C '0 fI . d"~..: Ul:l1--~...~~ 4- ..0(~,.;;:,____....,~.4- ..~~OF~,-,:.. .1I...."l!<. ShaJ\on ~ +tv Notary Public for Idaho Commission Expires: L{ -29>05' z:\ W ork\M\Meridian\Merid ian 15360M'Silverstone Business Campus AZ-03 -0 16PP-03-o 18\CertifieationOfClerkOrd .doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-03-016 PAGE 1 OF 1 October 17, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT October 21, 2003 ITEM NO. 20 REQUEST Water, Sewer and Trash Delinquencies: 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: L{~ uf rlf}JiJ (0 JII r () tfS Ill''? Cf--U is ~ , n ;{1 ol 11Ji v .~ oJl A) t 0/ ~ 1 Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. DELINQUENCY FOR TURN RE.C~IVE:D OFF SCHEDULED FOR .JLJ. OCTOBER 22 & 29, 2003 OCT 2 f 2003 C~iy Of Meridian Clty Clerk Office MAYOR: This is to inform you in writing, if you so choose, that you have the right to a pre-termination hearing at 7:30 P.M. Tuesday, October 21, 2003, 2003, before the Mayor and City Council to appear in person to be judged on the facts and to defend the claim made by this City that your water, sewer and trash bill is delinquent. You may retain counsel. This service will be discontinued on October 22nd and/or October 29th, 2003 unless payment is received in full. Is there anyone present who wishes to contest his or her water, sewer and trash delinquency? (No response.) MAYOR: They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, pursuant to Idaho State Code. Even though they appeal, their water will be shut off. The amount of the tum-offlist is $33,544.45. ( CITY OF MERIDIAN Delinquent Account List- council Page: 1 Standard Payment Customers Oct 21. 2003 03:33pm Current Period: 10/31/2003 No Delinquent Minimum Amou ntDelinquent Balance Report Criteria: Terminated customers not included Customer.Cust No = {<} 9900000 Last Pmt Last Pmt Cust No Name Balance Non-Delinq 08/31/2003 07/31/2003 06/30/2003 Date Amount 4,0652,1 ABBEY BEN 112.73 73.52 39.21 08/19/2003 76.46 - 74,0370,1 ABBOTT, SANDRA 179.90 90.71 89.19 08/19/2003 87.23 - 2,2714,3 ADAMS, ROY & STACY 314,78 149.36 75.36 90.06 07/28/2003 70.46 - 35.0190.2 AHEARN, THOMAS 117.46 48,41 69.05 09/16/2003 39.05 - 34.5036.1 ALBERTSONS EMPLOYEES FEe 38.67 27.36 11.31 2.4740.1 ALBRECHT, JUDY 190.15 122.52 67.63 08/15/2003 79.39 - 74.1044.1 ALDRICH, STEVE 58,50 32.95 25.55 08/08/2003 27,51 - 50.0244.1 ALGER, BRENT 82,81 55.86 26.95 09/11/2003 77.91 - 20,1484.2 ALLEN, CHERYL 134.42 89,94 44.48 09/04/2003 43,50 - 31.3422,1 ALLEN, SEDENA 113.19 111 ,82 1.37 10/20/2003 60.00 - 35.0194.4 ALLMOND, JOSEPH & TAKEIA 69.02 54.66 14.36 09116/2003 45.00 - 15,0110.2 ALTA 135.90 91.58 44.32 09/16/2003 46.28 - 47,1158,2 ALVAREZ, ROSILO & FLORA 91,61 55.86 28.91 6.84 09/0912003 50.00 - 2,0490,2 AMBROSE, ROBERT 194,96 167,96 27.00 10/1012003 69.23 - 21.2254.1 ANDERSON, DAWN 133.32 65.68 32.35 35.29 08/18/2003 35.29 - 74.1026.1 ANDERSON, DOUGLAS 44.62 40.73 3.89 08/19/2003 37.27 - 74.2432.2 ANDREWS, MICHAEL 137.50 85.68 49.86 1.96 0810712003 47.90 - 25.4010.2 ANGSTMAN, T.J. 270.71 75.48 38.23 55.87 101.13 10121/2003 28.23 - 2.6300.1 ANSON, PATRICIA 144.26 123.52 20.74 09/22/2003 50.00 - 4.1664.3 ANSON, RICK & REBECCA 207.44 134,70 72.74 08/1912003 153.44 - 51.1138.2 ARANA & R.C, LAND COMPANY 112.85 112.85 21.0092.1 ARCHIBALD, JACKIE 64.66 64.44 .22 09116/2003 32,22 - 42.1988.2 ARMSTRONG, GARY & LAURA 194.19 126.46 67.73 10120/2003 20,00 - 21.1708.1 ARTE, MICHELLE & RICK 209.42 132.10 77.32 09116/2003 59,94. 35,0084,2 ARY, DAVID W. 95.70 51.06 44.64 09103/2003 49,54 - 21.2708.4 ASAY, ALAN & JULIE 222,66 141.58 81.08 08/14/2003 82.10 - 47.1226,1 ASPEN HOMES 61,23 43,76 17.47 08/26/2003 21.39 - 47.1052.1 ASPEN HOMES 126,28 53,74 21,23 51.31 08/1412003 32.51 - 4.0520.1 ATTERBERRY, DENNIS 82.42 76,54 5.88 1 0/0312003 40.72 - 51.0180.1 B M C, WEST 33.93 22,62 11.31 08/21/2003 52.76 - 74.2524.2 BADGLEY, RUSSELL & SARAH 208.66 138.41 70.25 2.3550.2 BAILEY, PEGGY 143.70 85,94 45.91 11.85 09116/2003 50.00. 34.1790.1 BALL, JOHN E. 214.69 134.96 79.73 09104/2003 79.73 - 65.3108.3 BALL, MICHAEL 73,32 52.33 20.99 09124/2003 21.00 - 1,2790,3 BARINSKY, CYNTHIA 120.52 104.64 15,88 10/21/2003 58,00 - 21,1894,1 BARNHART, CLINTON 235.80 140.83 94.97 09/1612003 66.00 - 25,1078.2 BARTON, RANDY & JUDITH 68.17 44.82 23.35 08/21/2003 20.41 - 49,0902,2 BBZ INC 93.77 65.02 28.75 08/19/2003 49.98 - 14,5010,2 BEAUCANNON, JUSTIN 93.4 7 87.98 5.49 10/01/2003 50.00 . 25.4040,2 BEDOYA,PEDRO 113.07 86.60 26.47 08/18/2003 100.00 . 33,2316.1 BELL, LILLY 187.57 135.92 51.65 10121/2003 50.00 - 19.6688.1 BENNETT,MASON 175.90 93,54 82.36 09/03/2003 47.26 - 14.3628.2 BENSON, JOSHUA 104.02 69.02 35.00 08/19/2003 36,96 - 25.4090.2 BERKEY, ANDREW 70.55 43.44 27,11 08/1812003 56.18 - 74.1036.2 BEVINGTON, WILSON 83.94 44.20 39.74 08/14/2003 83.14 - 22.1740.3 BINGHAM, DUNCAN & PAULINE 122,66 82.10 40.56 09/15/2003 42.52 - 2.2140.1 BLAIR, WILMA 124,16 83.66 40.50 08/25/2003 50.00 - 51.3680,2 BLAKE, DALE 76.38 50,92 25.46 08108/2003 51.90 . 22.2366,2 BLAKE, KIMA 119.68 83.38 36.30 0811412003 37,18 - 22.2390.3 BLUMENSHINE, BRIAN 78.81 53.90 24.91 08/15/2003 25,00 - 74.2332.2 BOBKO, RAYMOND 140.08 65.14 69.50 5.44 07/07/2003 262.01 - ... in Msg column indicates no Notice is fa be sent I , CITY OF MERIDIAN Delinquent Account List- council Page: 2 Standard Payment Customers Oct 21, 2003 03:34pm Current Period: 10131/2003 No Delinquent Minimum Amountoelinquent Balance Last Pml Last Pmt Cust No Name Balance Non-Delinq 08/3112003 07/3112003 06/30/2003 Date Amount 50,1726,2 BOESIGER, MAX 100.55 71,56 28.99 10/07/2003 40.00 - 51.0506,1 BOGGIS, CONNIE 158.65 86.42 72.23 08/21/2003 87.40 - 50.3696.2 BOHN, SPENCER & HEATHER 134.27 82,98 51.29 08/1412003 95,72 - 8.0022.1 BOND CAMPBELL 134.58 100.08 28.53 5,97 34.1318.2 BOOHER, CRAIG & DANA 256.78 185,26 71.52 10121/2003 71,00 - 5.0368.1 BOUDREAUX, JAMES 214,30 125.06 89.24 09109/2003 57.42 - 34,1880,2 BOUR, SHANNON 176,92 106.92 70.00 09111/2003 42.63 - 51.4310,1 BOWER INVESTMENTS, LLP 47,26 15.10 7,55 8.53 16.08 05/08/2003 98.27 - 51.4250,1 BOWER ST. PROPERTIES, L.L.C 1,056,34 302,35 189.19 564.80 07/18/2003 26.32 - 31,3022,3 BREEDLOVE, RUSSELL & MICHl 187,42 187.42 05/02/2003 60.03 - 32.4204,1 BREGG HOMES 25.58 22,64 2.94 34.0420.1 BRENEMAN, JEFFERY 267.19 166,24 100.95 09/18/2003 96.05 - 1.0800.1 BREWER, SID & SHELLY 129.99 65.68 64.31 08/21/2003 98,62 - 32.0926.1 BRIGGS, NADINE 250.55 174.16 76.39 10/2012003 20,00 - 2.3370.4 BRIGGS, TERI 158.58 112.08 46.50 08127/2003 35,00 . 32.0504.3 BRIGHT, ARRON & SONIA 145,57 94.12 51.45 09115/2003 50,00 . 2.3712,2 BRINEGAR, E.E. 127,06 79.48 47,58 08/12/2003 97.12 - 50,2434,1 BROWN, BRIAN 179.47 172.36 7.11 10/21/2003 87.00. 8,0144,2 BRUCE, TIMOTHY 171.04 139.26 37.78 08/20/2003 70.72 . 32,1092,3 BUCKLEY, WILLIAM 329,93 216,56 113.37 09/17/2003 77.11. 33,1852,1 BUNDY, DOYLE 96.D4 80.06 15.98 10/17/2003 45.00 . 19,4438,7 BURCHFIELD, DARRAL 118,61 71.56 47.05 09/08/2003 60.79 . 19,6498,5 BURCHFIELD, DARRELL 108,85 97.54 11.31 10/03/2003 45.30 - 22,1324,1 BURDEN,DAREON 209,92 133.74 76.18 09/15/2003 90.68 - 34,0856,1 BURGESS, L1N 191.47 190.50 ,97 10/1412003 108,00 - 19,6510,2 BURKETT, MARK 228.81 228,81 01/22/2003 83,14 - 69.0182.1 BURNS, DONALD 109.44 41.95 67.49 08/2012003 78.90 - 34.1528.1 BURTON,RYAN 111.27 68.30 42,97 08/1312003 83.98 - 4.2308.1 BUTTERFIELD, CHARLES & TOr-. 320.82 159.58 161.24 08120/2003 224.26 - 74.2722.5 CAFFERTY, LORI 104.78 44.33 51.63 8.82 08/08/2003 90.52 - 21.9172.2 CALLISTER, DAVID & REBECCA 126.47 89.54 36.93 21.9170.2 CALLISTER, DAVID & REBECCA 118,63 79.74 38.89 37,3890,2 CANYON RIVER CONSTRUCTIO 34.94 17.47 17.47 09/10/2003 123,29 - 37,3918,1 CANYON RIVER CONSTRUCTIO 73.59 70.11 3.48 09/10/2003 3.48 - 42,0258.1 CAPITOL CHRISTIAN CENTER 3,255.13 1,592,80 1,662.33 10/17/2003 714.08 - 20.1634.1 CARLSON, PATRICIA 96.22 93,44 2.78 10/01/2003 54.07 - 32.1592.1 CARLYLE, KEITH 72.92 71.96 .96 10/03/2003 36.00 - 42.4032,2 CARPENTER, BRIAN 150,16 98,12 52,04 09/16/2003 50.00 - 34.1808.2 CARPENTER,DOUGLAS 163.82 99,74 64.08 09/16/2003 69.96 - 4,2166,2 CARPENTER, SEAN 315,99 315.99 01/22/2003 143.88 - 21,3130,2 CARSTENSEN, LUCINDA 209.28 113.46 95.82 09/10/2003 127.40- 4.0798,2 CASE, RICHARD & DONNA 130.66 100,66 30.00 10/0312003 53,27 - 42.2582,1 CHAPMAN, LORRI 267.36 190,94 76.42 09/1512003 65,00 - 22.0848.1 CHAPMAN, THOMAS 270.16 170.96 99.20 09/16/2003 93,32 - 32.4084.2 CHAPPELL, JOHN 104.89 70.58 34.31 09109/2003 36,27 - 2.4700.2 CHENEY,STEVEN 127.22 90.84 36,38 09/16/2003 70.00- 4,1888.1 CHERRY LANE CHRISTIAN CHU 230.66 230.34 .32 09/10/2003 134,09 - 23.3024.1 CHRISTENSEN. DWAYNE 124.45 120.11 4.34 09/24/2003 90,00 - 51,1174,2 CHRISTIANSON. ARTHUR & COI 85,91 52.04 33.87 08/26/2003 37.63 - 51,1170.2 CHRISTIANSON, ARTHUR & COI 43.41 24,58 18.83 08/26/2003 15.07 - 51,1168,3 CHRISTIANSON, ARTHUR & COI 75.30 75.30 20.1606,3 CHRISWELL, LEE ANNA 232.29 29,94 202.35 02/05/2003 111.51- 51.0463.1 CITY - MERIDIAN PARKS 10 .44 6,96 3.48 21.2214.4 CLEVELAND, RICHARD & KAREl 139,31 69.28 70,03 09/04/2003 109.08 - 5.0344.1 CLIFF. DWIGHT 273,13 209.44 63,69 09/15/2003 100.00 - ..< In Msg column indicates no Notice Is to be sent i CITY OF MERIDIAN Delinquent Account List- council Page: 3 Standard Payment Customers Oct 21 ,2003 03:35pm Current Period: 10/31/2003 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 08/31/2003 07/31/2003 06/3012003 Date Amount 35,0189,2 CLOUGH, RG. & PAM 47.69 42,69 5.00 10103/2003 36,27 - 10,1028,2 CLYDE, TIFFANY 121.34 69.92 38.39 13.03 06/25/2003 200.00 - 13,5018,2 CLYNE, STEVEN & BRENDA 95,23 75.48 19.75 09/16/2003 58.74 - 31.2268.2 COlSON,CAROl 213,22 157.90 55.32 09/16/2003 94.74 - 51,4170.4 COLSON, HOWARD 64,67 42.46 22.21 08/1212003 20.25 - 88.0048.1 CONNELL CORPORATION, THE 431,96 182,11 127.23 122,62 07/14/2003 162.51 - 33,2566.2 CONNEll, EDWARD 140.08 134,02 6.06 10/21/2003 70,00 - 19.0074.2 CONVERY, TIMOTHY J. 43.56 18.70 24.86 01/15/2002 119,61 - 21.1524.2 COONES, JOSEPH 244,83 153.22 91,61 09/18/2003 66,51 - 4,0882.1 COPELAND, STEPHAN & JACKlf 153.75 35.93 117 ,82 06/10/2003 56,93 - 4,0120,2 CORONA, JUAN & VICTOR 167.18 114,06 53.12 09/09/2003 70.00 - 4,1746,1 COSGROVE. AMY 248.20 164.36 83.84 09/17/2003 105.40 - 31,3420.1 COUCH, JULIA 117.71 76,46 41,25 09/16/2003 50,00 - 51,4130.1 COUNTRY GLASS 358.17 216.18 141.99 10107/2003 75,40 - 35.0182.2 COVINO, MELODY 90.66 84.13 6.53 10/20/2003 50.00 - 14.3000.2 COVINO. VINCE & KIMBERLY 104,39 70.90 33,49 08/07/2003 71.88 - 72.0290.1 CRANE, JOHN 32,24 32.22 .02 09/24/2003 32.20 - 9.9140.1 CRESTWOOD CONSTRUCTION 24,43 20.95 3,48 50.0260.6 CRIPE, PHYLLIS 91.15 61,42 29.73 09/15/2003 35.61 - 6,1930.1 CUPP, SHAD & BECKY 140,45 60.22 60.11 20.12 08/20/2003 75.00 - 2,5690.5 CURIEL. FABIOLA 113,34 112.36 .98 OS/28/2003 47.47 - 74.0378.1 DAILEY. CHARLES 57,79 57.39 ,40 09/10/2003 51,95 - 50,4574.3 DAROSA. JOE 110,36 75.48 34,88 09/15/2003 40,00- 65.0710.1 DAVIS, BRIAN 104,98 52.00 52.98 09/23/2003 8,84- 21.0454.3 DAWDY. DEBRA & CALVIN CIO 117.24 76,20 41,04 08/19/2003 66.40 - 74.2542.1 DA YBELl, BRUCE & CARl 182.30 96,32 85,98 09/03/2003 87.94 - 69.1356.2 DEBENHAM. BRETT 90.24 86.30 3,94 10/20/2003 100.00 - 65.0648.2 DECKER. STANLEY 78.50 39.74 38,76 08/18/2003 89.28 - 1,0930,2 DENNEN. JEVON & HEATHER 128.74 80.06 45.91 2.77 09/16/2003 80.00 - 20.3034,1 DENNING, LORA 92.48 91.50 .98 10/13/2003 46.73 - 33.3566,2 DENNISON. CHARLES 69.57 40.50 20.25 8.82 08/19/2002 373.25 - 2.1610,1 DESILET, DENICE 210.71 150.94 59.77 09/15/2003 50.00 - 3.0824.2 DEWITT, HALEY 88,21 56.52 31.69 09109/2003 35.45 - 2.1960.1 DICKSON. DONALD M 199,53 125.18 74.35 08/18/2003 138.90 - 43.0436,1 DIKE. SCOTT & JEANNETTE 95.02 69.18 25.84 08/15/2003 22,90 - 34.1690,1 DOCKWEILER. THOMAS & TERF 147.36 134.62 12.74 09/16/2003 78.09 - 33.2612,6 DONALDSON. NEAL 158.91 83.98 74.93 08/2012003 117.90 - 42.2428.2 DOYLE. STEVEN 130,12 117,38 12.74 09/1512003 67.02 - 4,2282.1 DRURY, PATRICK 155,86 137,64 18.22 09/1612003 150.00 - 14,5004.2 DUNCAN, JEFF & MONIQUE 182.4 7 182.47 0111712003 40.00 - 34,0398.1 DUNCAN. RICHARD 181.35 116.00 65,35 08/1212003 74.17 - 34,2802.1 DUNSTAN, BRETT & MICHELLE 145,18 97,44 47,74 09115/2003 76.76 - 4,1958.1 DUPLEX, HARRY 232,62 152.68 79.94 09124/2003 68.00 - 42,2598.2 EASTBURN.GARY 202,56 131.12 71,44 0911212003 80.26 - 47,1058.2 EDGERTON. CHAD & SHANNON 76,06 50.38 25.68 09103/2003 27.64 - 2,2734.1 EDWARDS. MICHAEL A 197.54 112,40 61.59 23.55 09117/2003 40.00 - 33.1400.2 ELCOX. DAVID 384.21 290,44 93.77 21.3164.2 ElEOPOULOS, JAMES 734.61 380.66 353.95 2.4540.3 ElSPERMAN, DE WAYNE 87.71 54.88 32.83 09103/2003 73.50 - 50.1240,4 ERHART, MILT 7.88 7,86 50.1242,3 ERHART, MILT 86.58 84.06 2.52 10/10/2003 40.00- 32.1152,2 ESPINOLA. MIGUEL & MARGARI 110.27 101,62 8.65 1010212003 50.00 - 20.1254,2 ESPINOZA. ISRAEL 149.07 100.06 49.01 09/04/2003 106.83 - 50.4550.2 ESTATE OF HELEN ROBERTS 74,97 49.00 25.97 08/15/2003 33.81 - 2.0320.1 ESTEP. NINA 77.21 77.10 .11 10/03/2003 62.00 - ... in Msg column indicates no Notice is to be sent ( CITY OF ~ERIDIAN Delinquent Account list- council Page: 4 Standard Payment Customers Oct 21, 2003 03:36pm Current Period: 10131/2003 No Delinquent Minimum AmountDelinquent Balance last Pmt Last Pml Cust No Name Balance Non-Delinq 08/3112003 07/31/2003 06/30/2003 Date Amount 5.0700,1 EVANS, ANDREW 427,76 370.70 57.06 09/23/2003 170.00 - 74,2688.1 EVANS, STEVEN & KRISITE 168,39 87.45 80.94 09/17/2003 75.00 - 46.4998.2 FAMOUS FOOTWEAR 249.50 247.50 2,00 10/0112003 123.63 - 2.2060.1 FARMER. SCOTT 171.20 111.52 59.68 09/15/2003 63.60 - 42.1840.2 FETTERS FAMilY TRUST 189.48 104.84 37.91 46.73 07/14/2003 54.46 - 74.3952.1 FIELDS, ROBERT 60.98 32.23 28.75 09/11/2003 57,50 - 74.1006.1 FISHEL, GEORGE 412.62 231.08 181.54 09/15/2003 137,80 - 74.1056.1 FISHER, BEA J, 81.28 44,65 36.63 09115/2003 40,00 - 16.3640.2 FITZEN, LARAE & LINDA 152.20 101,06 51.02 ,12 09/11/2003 50,00 - 51.3206.4 FLATEN, ROBERT 98.94 68.94 30.00 08120/2003 104.39 . 31.0776,2 FOSTER, COLLEEN & WAYNE 135.75 85.60 50.15 09/16/2003 61.91 - 14.3698.2 FOX,AMANDA 116,28 76.54 39.74 08/26/2003 36.80 - 74,0708.1 FRANK, GARY E 55.43 50.53 4.90 10/14/2003 64.31 - 51.3078.3 FREEMAN, NICOLE 78.76 52,18 26,58 09/15/2003 55.30 - 50.3754.1 FRENCH, LAWRENCE 375.43 190.82 165,59 19.02 09/08/2003 90.00 - 1.0830.2 FRIENDS OF CHILDREN & FAMIl 52.41 34.94 17.47 22.2506,2 FRIES, CHRS & TRACY 150.12 98.12 52.00 08/1812003 97,14 - 33.4258,1 FROSTROM, STEVE & TERRI 174.01 107,84 66.17 09/1112003 53.43 - 32.1542.1 FUHRMAN, JOSHUA 81.37 81.36 .01 10/2112003 44,10- 5,0310.2 FUMU, GA-KODI & ARLETTE 148.30 113.93 34.37 09/2312003 80,00 - 74.2710.1 GAilEY, BRON 114.66 60.54 54.12 08/20/2003 132,36 - 22.2608.2 GALLOWAY, JERMAINE & KRISl 107.90 70.98 36.92 08/26/2003 36,00 - 50.4518.5 GAMBLIN, MIKE 171.13 91,80 79.33 08/20/2003 110,75 - 20.1284.2 GARDNER, VINCE 118.56 118.06 .50 09/17/2003 60,50 - 33.2302.1 GARRARD, DALE 105.37 67.96 37.41 09/17/2003 37.41 - 20,1726.1 GARRIGUS, SCOTT 174.80 165.80 9.00 10/07/2003 200,00 - 15.0644.2 GARVALDON,RONALD 133.91 101.56 32.35 09/17/2003 36,27 - 46,0188.2 GATES, JOHN 88,88 62,48 26.40 09/16/2003 70,00 - 4,1430.2 GAYMON. GREG & ALISON 153,99 104.32 49.67 34,2896.2 GAYTHWAITE, LARRY & TAMI 65.41 65.02 ,39 10/14/2003 40.00 - 21,1422.3 GELARDO, MICHAEL & LORI KA' 90,17 60,44 29,73 08/18/2003 63.38 - 74,3078.2 GENTSCH, NOREEN 95,69 34,51 61.18 09/08/2003 80.00 - 2,2578.2 GINGRICK, KENT 158,42 104,96 53.46 09/04/2003 62.28 - 1,0150,2 GOLDEN, LEROY 85,27 56.52 28.75 09/04/2003 60.44 - 21,0106,1 GOODIN, JASON 248,28 145,52 102.76 08/20/2003 140.63 - 32,1610,5 GRAN BY, JOHN & RAMONA 112.57 76,06 23,03 13.48 09/18/2003 44.27 - 33,2752.1 GRAVES, DENNIS 93.47 93.46 .01 09/16/2003 57,50 - 64.0064.3 GRAVES, GAIL & JOYCE 80.33 45.86 34.47 08/15/2003 31.53 - 50.2242.1 GREEN. JUDITH 113.06 92.56 20,50 09/1512003 75.00 - 51.0958.3 GRIEVE, JAMES 72,17 52,36 19.81 08/1412003 40,60 - 50.2412.3 GRISHAM, DANIEL & JANET 92.56 61.10 31.46 09/1512003 32,50 - 21.1734.2 GROAT, STEPHANIE 138.34 96.48 41.86 09/16/2003 100,00 - 21.0462.3 GUNNARSON, HOWARD & RUTf 256.23 129.58 64.79 61.86 10/01/2003 100,00 - 21.1018.7 GUYMON, GREG & ALISON 202.91 156.18 46.73 4,1620.7 GUYMON, GREG & ALISON 214.65 138.20 76.45 32,0894.2 HAHN,ROB 138.23 89.54 48.69 09/15/2003 79,67 - 31.0448.4 HALL, JANET 165.69 109.48 56.21 08114/2003 59,15 - 15.0029.2 HALL, JOHN & CAROLYN 98.09 85.04 13.05 10120/2003 65,00 - 6.1030.1 HALL, KELLI 75.71 75,26 .45 09/2312003 38.16 - 22.0924.1 HALL, KEVIN 134,03 113.14 20.89 09/24/2003 50.00 - 34.1046.2 HAMUDOT. NADIRD 215,26 171.30 43.96 1 0/20/2003 110.84 - 31.3378.3 HANCOCK, ROBERT 79,11 67.62 11.49 08/19/2003 46.12 - 74,2662,1 HANSEN, DAVID 165,86 96.43 69.43 09/15/2003 80,21 - 33.4274,1 HANSEN, ERIK 186,26 186,26 02118/2003 48,00 - 46.0462,1 HAZLETT, RONALD 102.43 67,96 34.47 09109/2003 39,37 - ... in Msg column indicates no Notice is to be sent i ( CITY OF IylERIDIAN Delinquent Account List- council Page; 5 Standard Payment Customers Oct 21, 2003 03:37pm Current Period; 10/31/2003 No Delinquent Minimum AmountDelinquent Balance Last pmt Last Pmt Cust No Name Balance Non-Delinq 08/3112003 07/31/2003 06/30/2003 Date Amount 22,2526.2 HERBERT, WILLIAM III 134.48 85.70 41.38 7.40 08/20/2003 63.96 - 9.0058.1 HERITAGE BUILDERS 67.45 46,22 21.23 09/11/2003 35.22 - 6.9090.1 HERITAGE HOMES 63,70 52.70 11.00 08/14/2003 3.48- 34.1536.1 HERNANDEZ, WILLIAM 111.94 105.24 6.70 08/19/2003 56,05 - 3,0036.2 HESTER, CHRISTINE 139.30 89.60 49,70 09/15/2003 69.30 - 3.0094.2 HESTER, CHRISTINE A 145.22 97.14 48,08 09/15/2003 49.06 - 31.0490,1 HEYDEN,ROBERT 622.10 486.60 135,50 08/21/2003 274.92 - 51.3580.1 HIGGINBOTHAM, RON 274.07 145.40 128.67 OS/23/2003 94.75 - 25,0032.1 HIGH DESERT 34.94 17.47 17.47 10/09/2003 34.94 - 25.0012.1 HIGH DESERT 34.94 17.47 17.47 10/09/2003 34.94 - 9.9014.1 HIGH DESERT CONSTRUCTION 148.81 34.94 47.47 26.29 40,11 3.0382.1 HILL, BRIAN OR VICTORIA 212,38 138.32 74.06 09/15/2003 70.14 - 30.6032,2 HINSZ, LYNETTE 84,20 46.29 37.91 35,0221,2 HOALST, JODI 103,88 57.60 46.28 08/15/2003 46.99 - 3.0268,1 HOBDEY, BRIAN 83,03 77.84 5.19 10/03/2003 35,00 - 20.1668,2 HOGUE, ELLEN & PHILLIP 188.41 104.96 83.45 09/23/2003 50,00 - 33.4346.1 HOLLOWAY, PAIGE 153.17 152,64 ,53 10/13/2003 117.00 - 31.3056.2 HOME BUYERS GROUP LLC 132.44 82.74 49.70 09/02/2003 52.64 - 40.0206.3 HONEYCUTT, H.P. & WENDY 98.44 97.46 .98 10/15/2003 50.20 - 50,0226.1 HOWELL, JAMES 280.46 242,00 38.46 OS/18/2003 200,00 - 33.2338.1 HUD/GOLDENFEATHER REALT'r 118.86 11.32 107.54 06/17/2003 59.65 - 33.2764.1 HUD/GOLDENFEATHER REALT'r 148.67 3.48 67.09 39.05 39.05 06/25/2003 37.09 - 74.3680.2 HUFFSTODT,ROBERT 57.76 53,84 3.92 10/03/2003 43.50 - 65.0434.2 HUGHES, RONALD & JODY 72.54 37.25 35.29 09/03/2003 36.27 - 35.0323.2 HUtT, CALVIN & KELLY 95.62 56.41 39.21 08/27/2003 41.17 - 74.3436.2 HUMPHREYS, JASON & CHRIST 119.50 65.41 54.09 09/15/2003 41.29 - 51.0714.2 HUMPHREYS, JOHN S1.73 73.20 18.53 09/16/2003 50.00 - 21 .1960.1 HUMPHREYS, LARRY 322.69 140.52 62,12 120.05 09/18/2003 100.00 - 4.1630.2 HUMPHRY, KELLY & TAJ 256.62 153.S2 102,70 10/01/2003 86.86 - 19.1166.2 HUNEMILLER, KELLY 97.16 66,08 31,08 08/15/2003 32,06 - 34.2100,1 HUNT, RADELL 249.05 159,50 89,55 08/26/2003 178,72 - 52.0944.1 IDAHO DEPT. OF LAW ENFORCI 421.61 222.33 199,28 09/16/2003 312.07 - 49.1148.1 IDAHO HEATING AND AIR 1,813.91 726.42 682.73 404.76 09/22/2003 622.46 - 33.2754.1 INGOE, BRADLEY 184.38 123.54 60.84 09/17/2003 60.00 - 52.6486.1 INTERMOUNTAIN WOOD PRODI 58.06 45.29 12.77 30,5008.1 J D MARRS 121.14 17.47 62.59 41,08 07/28/2003 14.26 - 34,0012.3 JACKEl, JANETTE 61.05 44.42 16.63 07/22/2003 21.23 - 2.5820.1 JACKSON,ROBERT 89.09 75.80 13.2S 10/21/2003 30.00 - 50.1018,1 JACOBS, JOHN 115.17 72.86 42.31 09/05/2003 54.07 - 68.0046.1 JACOBSEN, JASON & LIANNA 76.62 48.12 28,50 OS/15/2003 50.00 - 50.4506.1 JACOBSON, BETTY B, 95.47 49.00 45,57 .90 OS/03/2003 25.02 - 20, 1322.4 JAGOSH, PAUL & PAMELA 125,57 85.70 3S,87 21.30S6.1 JAVERNICK, YAJENNE 148.82 138.62 10,20 OS/24/2003 25.00 - 42.2778.2 JAYNES, KATHERINE 248.60 157,24 S1.36 OS/OS/2003 110.96 - 6.1428.1 JC CONSTRUCTION 14.51 11,03 3.48 21.1912.1 JENKINS, DWIGHT 315.73 213,30 102.43 OS/18/2003 38.98 - 32.1622.1 JENKINS, LELAND 182,07 144,00 38.07 OS/24/2003 41.98 - 19.1630.2 JENKINS, LEROY 105.37 70,SO 34.47 08/20/2003 73.84 - 21.2830.1 JESSEE, KEVIN 88.28 80,06 8.22 10/01/2003 45.00 - 46.4 778.1 JL HARDY 164.44 126.78 15.07 22.59 88.0054,1 JL HARDY CONSTRUCTION 206.88 172.43 34.45 09/03/2003 103.02 - 20.0430,1 JOHN J VNUK 153.35 65,08 31.56 34,50 22.21 07/28/2003 47.05- 74.2400.2 JOHN,CHAD 104.81 55,43 49,38 09/15/2003 80.00 - 32.0616.2 JOHNSON, CONNIE JO 170.19 132.54 37.65 09/15/2003 100.00 - 42,0374.3 JOHNSON, DORTHY & REX 243.09 146.38 S6.71 08/18/2003 138.85 - ... in Msg column indicates no Nolice is to be sent f'-,.::': ( CITY OF ~ERIDIAN Delinquent Account List- council Page: 6 Standard Payment Customers Oct Zl. 2003 03:38pm Current Period: 10131/2003 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pml Cust No Name Balance Non-Delinq 08/31/Z003 07/31/Z003 06/3012003 Date Amount 21.2790.2 JOHNSON, REX & DORTHY 182.56 97.46 85.10 081Z0/2003 94,52 - 7.0886.3 JOHNSON, ROGER & HOLLY 54.62 47.14 7.48 09115/2003 72,00 - 14.5008.2 JONES. KARLA 225.96 3.48 74,16 148.32 04129/2003 66.22 - 4,1766.3 JONES, STEPHEN & CONNIE 154.47 102.60 51,87 09/17/2003 80.00 - 42.4256.1 JORDAN HOMES 12.68 11.70 ,98 33.3572.1 JORDAN, KATHY 163,36 160.74 2.6Z 10/20/2003 54.00 - 21.1058.2 JORGENSEN, ROBERT & TERI L 204.30 149.40 54.90 10/20/2003 40.00 - 46.0840.4 JUDY, VICTOR 86.27 55.94 28.46 1.87 09/04/Z003 50,00 - 3,0310.Z KAYLR, AMANDA 237.66 140.44 65.51 31.71 1 0/21 IZ003 90,67 - 22,1408,1 KEATHLEY, CLARENCE 133.23 131.76 1.47 101011Z003 75,00 . 21.1826.1 KEITHLEY. ROBERT 160.38 105,94 54.44 0911612003 57,38 . 69.0780.1 KELLEY, GERRI 96.13 61,91 34.Z2 0911512003 75,00 - 50,1586,2 KELSO, BONNIE 121.54 96,07 25.47 09116/2003 8.34 . 4,1614,2 KENNEDY, MICHAEL 187.36 105,96 81.40 081Z512003 60.82 - 42.1810,2 KESTER,ROBERT 124.36 80.46 41,70 2.20 0910912003 40,00 - 21.3298,4 KIESECKER,DARRIN 200.22 127.84 72,38 09115/2003 78.00 - 50.0594.2 KINDALL, ARRON & MISTIE 138.81 102,54 36,27 09/17/2003 36.27 . 74.3228.1 KISSEE, ROBERT 143.40 3.48 66,64 36,64 36,64 06112/2003 38.60 - 19.6642.1 KRENZ,ROY 174.39 74.58 39,74 38.76 21.31 10101/2003 73.00 - 46.0218.4 KUEFFLER,CLARENCE 151.47 99.02 52.45 08119/2003 50.49 - 50.4642.3 KUGEL, LISA 226.05 159.72 66,33 09/1712003 2.86 - 21.1940.3 LANCE, EDWARD & DELOY 238.42 165.68 72.74 09/1712003 71,23 - 50,0512,2 LANDER, ANTHONY 236.45 112.88 123.57 08/2612003 68,69 - 2,4490,2 LARSON, LEIF 178.41 113.06 65.35 09/02/2003 78.50 - 2,6490.2 LAWRENCE. MICHAEL & KIMBEl 94.46 85,64 8.82 0812112003 137.21 - 37.3398,2 LAWRENCE, WENDELL & KATHI 58,17 58,04 .13 10/2012003 40.00 - 32,1630.3 LEDO, CHRISTOPHER 122,52 80.72 41.80 08/1512003 43.82 - 20.0014,2 LEE, MICHELLE 228.94 145.44 83.50 09111/2003 56.75 - 19.7478.1 LESLIE CONSTRUCTION 53.39 35.92 17.47 10121/2003 24.43 - 15.0782.1 LEUTHOLD,DAN 49.48 46.00 3.48 31.3382.1 LEVITT, MONTE 132.20 117.72 14.48 1011712003 55.92 - 34.2933.1 LOCKHART. LINDA CARRIVEAU, 76.93 52.92 24.01 08/1912003 23.03 - 50.4280.2 LOPEZ. RAY 205.84 176.84 29.00 10/07/2003 55.50 - 50.4486.3 LOPEZ. REX 73,82 71.86 1.96 06/09/2003 20,25 - 19.6662.1 LOUGHNEY, EDWARD 114.32 76.54 37.78 08/26/2003 38,76 - 21.1832.2 LOVAN, WALLACE II & KAROLEE 207.44 147.44 60.00 08/18/2003 52,61 - 2.0464.1 LOVE. JEANETTE & JOHN 264.93 35.44 86.37 74.01 69.11 06/13/2003 100.00 - 51.3086.6 LOVITT. MICHAEL 167.70 167.70 04125/2003 66.02 - 65.0698.1 L YNGAR, JAMES JR. 72.54 36.27 36.27 09110/2003 35.54 - 50,0140.1 LYNN, DEE R. 152.32 145.04 7.28 10/09/2003 50.00 . 33,2340,3 LYON, CHRIS & TAMMY 198.70 149.98 48.72 09/1712003 71.33. 22,1724,1 MACHADO, DAVID 162.55 82.34 80.21 08/2012003 88.00 . 4.0816.2 MACOMB, SHELLEY 58.52 58.30 .22 10/2012003 75.00 . 1.0010.5 MADSEN, CHARLES & DEBRA 581.67 550.90 30.77 10/2012003 30.00 . 1.3350.1 MADSEN, LOU 74,20 60.44 13.76 09/1612003 80.00 - 50.2336.1 MAGNUSON, ERIC 134.90 90.26 44.64 09/0312003 50,52 - 51.0862.2 MAHATHY, ANTHONY 128.43 86.60 41.83 08119/2003 47,71 - 10.0024.2 MAHOS, MICHAEL & WHITNEY 105.98 70.00 35,98 08126/2003 35,00 - 6.9858.2 MAl, CURTIS 58.26 37.66 20,60 08108/2003 20.00 - 3,0812,3 MAIN, LOUIS & DENISE 108.81 72.54 36.27 08115/2003 36,27 - 19.6602.2 MANEELY, LARRY 80.96 50,38 30.58 09112/2003 27.64 - 74.2642.1 MANWARING, MARK 241.08 143,68 97.40 09/1512003 60.00 - 8.1058.2 MANWARNING. JOSHUA & JONI 93,23 92.48 .75 10/2012003 45.00 - 51.0486.1 MARCH, RICHARD 218.85 148.30 70.55 09/17/2003 100.00 - 42.2332.1 MARIN. JOSE 283,04 165.10 117.94 09/16/2003 116.36 - ... in Msg column indicates no Notice is to be sent { CITY OF I0ERIDIAN Delinquent Account List- council Page: 7 Standard Payment Customers Oct 21, 2003 03:39pm Current Period: 10/31/2003 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last pmt Cust No Name Balance Non-Delinq 08/3112003 0713112003 06/30/2003 Date Amount 21.1760.1 MARKLE, JAMES 108.42 108.42 02/1312003 47.55. 4,2016.1 MARKS, EUGENE & JEANNE 297.58 200,02 97.56 08/2612003 122.06 - 72,0270.3 MARSHAL, SCOTT 66.96 34,02 32.94 0811912003 33,00 - 35.1046.2 MARSHALL, GARY & BOBETTE 99,01 53,68 45.33 09116/2003 50.00 - 50.2176.1 MARTIN, JASON 237,26 188,73 48.53 09117/2003 79.51 - 33.2740.5 MARTIN, ROBERT 135.29 90,52 44.77 09115/2003 49.67 - 64.0020.2 MARTINEZ, RON 148.39 134,47 13,92 09/09/2003 100.00 - 2.2280,1 MASLEN, JENNY 82.66 79.40 3.26 09/1812003 40.00 - 68.0014,2 MATTOX,GARY 101.26 58.74 42,52 08/1912003 45.46 - 43.0020.2 MCBRIDE, MITCHELL 76.12 30.00 3.48 42,64 08/05/2003 50.04 - 69.2258.4 MCCANDLESS, DOUG 164.31 78.50 85,81 09110/2003 76.00 - 74.2826.2 MCCASHLAND, DAVID 80.82 79.16 1,66 10/03/2003 65.00 - 2.0450.2 MCCLURE, BRENT 261,92 138,28 123.64 09/15/2003 83.84 - 13.1036.1 MCELLAN, JILL 108,31 67.96 40.35 09/15/2003 33,49 - 32.1284.1 MCFADDEN,ROBERT 146,12 115.57 30.55 09/15/2003 32,51 - 51.3246.1 MCKAGUE, RICK 171 ,73 94,20 46.12 31 .41 09/1512003 60.00 - 74.1104.9 MCKINLEY. JUNE 149,52 104.43 45.09 07/30/2003 9.99 - 2.4870.4 MCKINLEY, JUNE 309,74 148,34 111.41 49.99 08105/2003 49.67 - 50.2126.1 MCMAHAN, BRIAN 126,98 110.06 16.92 09117/2003 70.00 - 4.2052.2 MENDENHALL, ALAN 246,66 151,70 94.96 0911112003 99.86 - 31.3304.2 MERCER, APRIL 153,63 153.63 02111/2003 71,00 - 2.0778.1 MERCER, JAMES 87.58 83,66 3.92 10/17/2003 43,79 - 33.7618.2 MERRITT, RICK 68.93 41.28 27.65 10101/2003 33.53 - 31.0494.2 MESZAROS,L1LLI 147.18 99.10 48.08 09/16/2003 51.02 - 74,3246,1 MEYER, JOHN & LISA 106.68 92.96 13,72 10/13/2003 79,68 - 20.0060,1 MlILLER, JOHN 290.72 189.24 101.48 08/19/2003 181.40 - 31.2984.2 MILLER, JENNIFER 263.25 229.93 33,32 09/18/2003 82,85 - 21.0054.2 MILLER, JIMMIE 212.34 131.76 80,58 09/16/2003 70.96 - 64.4070.2 MITCHELL, RANDY 82,11 65.24 16,87 09/23/2003 50.00 - 20.1652.2 MOLEBASH, JOHN & MONICA 167,13 106.52 60,61 09/17/2003 53.75 . 42.1836.3 MONROE, BUD 102,83 102,62 ,21 10/21/2003 50.00 . 74.2832.1 MOONEY, KEVIN 134,58 66.58 68,00 09/09/2003 63.10 - 46.0222.1 MOORE, KEVIN & LISA 180,68 116.42 64.26 09/16/2003 60.00 - 2.0926.3 MOORE, MANDY 139,79 102,54 37.25 09/17/2003 49.99 - 4.1634.1 MOORE, RUSSELL C 70.69 70.56 .13 09/17/2003 85.00 - 4,2226.1 MOOREHOUSE, SEAN & DENISE 340.61 166.73 173.88 09/15/2003 85.61 . 6.9590,2 MORGAN LAUREL 65.58 63.82 1.76 09/1512003 65.00 - 42,2774,5 MORIN, MICHAEL 198,57 167,94 30.63 10/1712003 119.00 - 3,0889,1 MORNING GLORY #2 HOA 10.44 10.44 2,5630.2 MORRISON, DWAYNE 113,52 102,62 10.90 10/0812003 100.00 - 32,0650,2 MOWRY, CHARLOTTE 147.49 95,06 52.43 10/01/2003 102.90 - 50,0786.2 MULLIGAN. JOHN 91,22 89.54 1.68 10/01/2003 65.00 - 88,0018.1 MUNICIPAL SERVICES 267,32 180.27 87.05 0910212003 90.28 - 42.1982.2 MURRAY, JAY & MELISSA 119,31 116.98 2.33 10117/2003 64.00 - 51.0482.1 MURRAY, SONDRA MURRAY 253,99 141.16 112.83 08120/2003 174.48 - 21.1094.1 MUZALlWA, lLUNGU 150,42 150.40 .02 09123/2003 29.00 - 35.1407.1 NAMPA MERIDIAN IRRIGATION 143.72 140.24 3.48 09123/2003 3.48- 1.3691.1 NAPA S & E AUTO PARTS 122.70 62.82 43.66 16.22 09/23/2003 36.80 - 8.1070,1 NEIDER. KYLEE & MENDI 145.63 99.34 41.83 4.46 07115/2003 3.48- 2.1150,2 NELLES EN, JOSHUA & KELLY 111.30 72.86 38,39 .05 09/04/2003 23,34 . 3.0660.1 NEWHOUSE, RAYMOND & TINA 133.93 131.72 2,21 10/15/2003 60,00 . 50.0034.1 NEWMAN, TIM 76.93 49.00 27,93 08/14/2003 34,79 - 31.2262.1 NOLAN, ROBERT 148.99 133,16 15,83 08/06/2003 200,00 - 4.0916.2 NUGENT, MICHAEL 110,86 49.06 61.80 08/22/2003 51.38 - 2.5370.1 OOOM, SHERRY 166,78 109.38 57.40 09/17/2003 76.24 - ... in Msg column indicates no Notice is to be sent fe. r CITY OF tv1ERIDIAN Delinquent Account List- council Page: 8 Standard Payment Customers Oct 21, 2003 03:40pm Current Period: 10/31/2003 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 08131/2003 07/31/2003 06/30/2003 Date Amount 16,3302,2 O'HARE, JUDITH 178,06 114.46 63,60 10/0712003 61.46. 46,0666,1 OLIVER, KELLY 105,98 68.04 37,94 09/15/2003 35,98. 19.6562,1 OSBURN, GARY & KELLY 66.40 64,44 1.96 08/1412003 62.48 - 2.2748.4 PACK, PAUL 184,83 110.48 74,35 07/0212003 206,83 - 21.2230.1 PAGE, LINDA 89,04 63.46 25,58 09116/2003 25.00 - 40.0246.2 PANASITI, JOSEPH & DIANA 71,05 46.06 24,99 08/12/2003 24.99 - 33.2630.1 PATRICK, RYAN 105,68 84.06 21,62 09/09/2003 60.00 - 2.2550.6 PAUL PACK 121.24 112.42 8.82 10/15/2003 77. 77 - 64.2022.3 PELTIER. THOMAS & KERRY 96.48 46.28 50.20 08/2212003 60.00 - 69.0214.1 PERRY, DAN & LORI 153.42 96,39 57.03 09/18/2003 58.99 - 34.1778.2 PETERSON. DAVID & CYNTHIA 419.03 156,20 262.83 08/26/2003 108.97 - 2,0960.1 PETERSON, JOHN 97.36 91.48 5.88 09/10/2003 94.42- 35.0101,2 PETRAIN, JAMES 151,26 4.46 146.80 0211212003 32.45 - 40.0008.1 PETRICK, DENAE 80,96 79.48 1.48 09/12/2003 78.00 - 32.1636.1 PHILLIPS, ERNEST 130,03 68,30 41.99 19.74 08/20/2003 19.31 - 47.1110.3 PIERCE, WILLIAM & lA.URA 119,59 79.40 40.19 08/2212003 39,21 - 21.1086.2 PITCHER. MIKE& CHRISTA 267,76 200.64 67.12 10/20/2003 50,00 - 2.0460.1 POTTER, MICHAEL & CONNIE 166,26 125,78 40.48 09/09/2003 100.00 - 35,2390.2 POWELL. ANDREW & KATHERI~ 97,14 54,94 42.20 08/19/2003 48.08 - 21.3062.1 POWELL. GREG & CATHERINE 335,97 200.46 135.51 09/1112003 87.49 - 50.2402.1 POWELL. RANDY 188,00 187.27 .73 10/03/2003 63.00 - 51.0854.4 POYSER. MORGAN 76,73 68.28 8.45 09109/2003 46.39 - 31.1266.1 PREISLER, SAMUEL 129,22 113.14 16.08 09/15/2003 100.00 - 19.0554.1 PREMIER SYSTEMS 73,64 34.94 21.23 17,47 09/03/2003 21.23 - 10.0068,2 PRIESS, JENNIFER 165,80 107.92 57.88 09/16/2003 50,04 - 1.3490.3 PRIEST, DONNA 197,09 130.74 66.35 09/15/2003 69,29 - 74.3418.2 PRINDLE, SHELLY 146.44 92.66 53.78 09/17/2003 100,00 . 21.1828.2 PRINTZ, DENIA 250.62 110.80 44.32 48.24 47.26 07/21/2003 48.49 - 42.2112.2 PROUTY, CLAYTON 204.82 80.04 124.78 08/20/2003 192.67 - 1,0100.2 PYL1CAN, WOODROW A. 131.29 131 .29 02118/2003 45,26 - 34,1172.1 QUARNBERG,CARL&DOROTH 241.46 150.98 90.48 09/17/2003 85,00 - 74.0902.2 RACKHAM, LARRY 54.78 31.58 23,20 09/16/2003 23,20 - 2.5670.1 RANSOM, JAMES R. 89.89 83.98 5,91 10/15/2003 40,00. 35.0032.2 RASMUSSEN, DANIEL 43.68 42.69 ,99 10/17/2003 49,00. 74.2478,2 RAST, BONNIE AND WALTER 165.62 83.08 82.54 08/21/2003 70.78 - 16.3001,1 RATCLIFFE INVESTMENTS 20.88 20.88 21.2918,1 REYES, KAREN 229.90 103,66 101,32 24,92 08/19/2003 100.00 - 5,0720,2 RICHARDSON, HARRY & LORI 192,84 111,39 81.45 09/1212003 124.57 - 22.2072,2 ROBERTS, CATHERIN 17.75 17.75 11/21/2002 53.25 - 50,4534,1 ROCKE, SEAN 85,98 57,50 28.48 10/15/2003 30.00 - 37,2956,1 ROCKY RIDGE HOMES 36,69 24,99 7.24 4.46 74,2632.4 ROE, WILLIAM JR 127,32 67,85 59.47 09/03/2003 120.24 - 14,4450,2 ROGERS, JACK & DENISE 102,72 76.54 26.18 09/15/2003 50.00 - 34,1946.4 ROSIN, DOUGlA.S & KIMBERLY 223,06 121 ,54 84.29 17.23 09/22/2003 100.00 - 35,2420.1 ROSIN, JUSTIN 86.92 41,99 44.93 09/03/2003 44.93 - 51.1317.1 R-TEC CORPORATION 217,22 148.08 69.14 08/26/2003 62.28 - 51.1318.1 R-TEC CORPORATION 220,95 142.94 78.01 08/26/2003 74.25 - 22.0914,1 RUCKER. JEAN 224.34 161.78 62.56 09/17/2003 80.00 . 31.3530.1 RUIZ, HELEN 81.91 77.84 4.07 09/09/2003 54.45 . 2.3180.1 RYAN, WALTER 174.52 114.68 59.84 09/19/2003 95.00 - 10.2062.2 SAMANIEGO, JAVIER 93.46 91.50 1.96 09/1112003 93,33 - 50,1416.1 SAMPSON, RICHARD P. 53.48 49.72 3.76 10/0112003 30,50 - 74,3244.2 SARGENT, RICHARD & TERESA 85,56 47,46 38.10 08/19/2003 37,12. 88.0035.1 SCARISBRICK DENTAL LAB 25,00 25.00 31.3266.3 SCHLITT, GARY 215.56 103,86 37.91 73,79 07/30/2003 89,54 - ... in Msg column indicates no Notice is to be sent ./-:" ( , CITY OF lyIERIDIAN Delinquent Account List- council Page; 9 Standard Payment Customers Oct 21, 2003 03:41 pm Current Period: 10/3112003 No Delinquent Minimum AmountDelinquenl Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 08f31/2003 07/3112003 06f30f2003 Date Amount 21,1870.1 SCHOPPELREY, DOUGLAS & Ct 164.26 159.20 5.06 1 0/17/2003 92.34 - 51.3720,2 SCHOW, BART & ALiSSA 421.21 330.76 90.45 09f17/2003 62.15 - 34,2144.2 SCHRANK, THOMAS 133.38 131.70 1.68 10f17/2003 75.00 - 37.3846.1 SCHROEDER ENT lNC 52.41 17.47 17.47 17.47 07/31/2003 45.82 - 9.0020.1 SCHROEDER ENTERPRISES IN( 45,66 38,70 3.48 3.48 32.0622.4 SCHUSTER, Bill & LESLIE 153.47 106.60 46.87 09/10/2003 77.32 - 40.0280.2 SCHUSTER, FORREST & DEBBII 123.16 122,04 1.12 09/16f2003 75.00 - 31,3018.2 SCHUSTER. FORREST & DEBBIl 104.90 103,92 .98 09/11 f200S 11S,72 - 4.2294.3 SCOTT, STEVEN & LORI 343.36 191.92 151.44 09/16/2003 105,76 - 3.0677.1 SECO ASSOCIATES INC 18.82 18.82 09/18/2002 14,12 - 34.1874.1 SEELY. RANDALL C. 103.24 93.44 9,80 10/08/2003 57,99 - 37.4110.2 SHADDICK. FREDERICK & CARC 87.66 43.34 44.32 08/27/2003 49.22 - 2.4270.2 SHAFFER. RAYMOND 112.4S 95.50 16.95 22.1316.2 SHAW. OWEN & CHRISTINA 188.16 150.30 37.86 10/20/2003 100,00 - 74.0322.2 SHELDON, PAM 104.94 77.81 27.13 09/1112003 70,00 - 42.2526.1 SHEL TRON, ROGER 200,58 135.68 64.90 09112/2003 68.82- 50.0292.1 SHOEMAKER, TAMI 208,63 94.44 68.29 45.90 09/1112003 75,00 - 69.1292.3 SIMMONS, BRETT 161 .42 74.83 86.59 09f0912003 131,67 - 4.1608.1 SIMPSON, GAIL 191,13 122.52 68.61 09f1112003 59,79 - 21.2836.2 SINGLETON, RODNEY 220,05 135,72 84.33 09f1712003 58,25 - 31.0778.1 SIRANI, JOSEPH A 238,23 155,88 82.35 09115f2003 85,29 - 31.3562.3 SMITH, JUSTIN & TAMMY 166.65 106,20 60.45 08f1412003 50,65 - 51.0498.1 SMITH, KARL 138,67 89,86 48.81 09/15f2003 84,00 . 40.0234.3 SMITH, PAUL 149.01 95.42 53.59 08f1412003 47,71 - 50.0012.1 SMITH, PAUL H. 103,22 95,08 8.14 10/17f2003 50.00 - 34.0428.2 SOKOLl, KATHY 183,31 116,00 67.31 08/11 f2003 63.39 - 51,3090.3 SOLTAU, CYRIL 82,68 56,10 26.58 09/15f2003 30.50 - 32.1576.1 SON, SHELLlE 83.36 42.46 21,23 19,67 09/15f2003 25.00 - 33.2646.1 SONDERMAN, MARTIN 128.00 4.46 123.54 04/08f2003 83.23 - 74,2594.1 SPJUTE, CARL & DEANNA 250.56 142.70 107.86 09/09f2003 123.54 - 32.1686.3 ST GEORGE, JASON 88.44 65.02 23.42 06/26f2003 200.00 - 34,3316,1 STADLER. STEPHEN & HEA THE 177.35 160.36 16.99 10/21 f2003 55.00 - 3,0426.2 STAGGERS, PERRY 369.86 250.32 119.54 09/22/2003 120.00 - 4.1262.2 STAUDACHER, LEE 77.91 51.94 25,97 09/04f2003 25.97 - 22.1048.1 STEINER, THURSTON 247.84 173.92 73,92 09/16f2003 100.00 - 37.3948.2 STEVENS,MARY 80.72 39.87 40,85 08/12f2003 47.71 - 5,0416.1 STIEF. PATTY 67.85 55.45 12.40 07/2212003 141,39 - 42,3056.4 STINAR, ILENE 96.81 94.84 1.97 09/24f2003 45,00 - 14,3456.1 STONE, JEREMIAH 89.72 83.08 6,64 10/13f2003 30,00 - 22.1406.2 STRAIGHT, PHILLIP 187,14 142.22 44,92 10/20f2003 40,00 - 69.0186.1 STRAWN, CHRlSTOPHER 148.37 67.53 38.95 41.89 07/30/2003 74,05 - 25.1020.2 STRAWN, JOEL & MARGOT ANI' 77.04 51.36 25.68 09/16f2003 25,68 - 31.1060.1 STRONG, EARNEST 286.70 109.80 85.58 91.32 08/20/2003 42,00 - 21.2922.3 STUART, DEAN & DIANE 231.94 225.80 6.14 10/21/2003 80,00 - 51.0322.1 STUTZMAN, JULIE 79.85 43.76 32.17 3.92 07/28f2003 19.43 - 35,3042.1 STYLISH HOMES 68.78 40.03 28.75 08/18f2003 17.47 - 34,2702.1 SWARTZ. DANIEL 18S.89 133.60 52.29 09/17f2003 50,33 - 74.2698.2 TAYLOR, DARRELL 70.78 42.03 28.75 08/20f2003 57,50. 1.3250.1 TAYLOR, DENNIS F 149.33 149.33 04/04f2003 67.94 - SO,1020.1 TECO INVESTMENTS 15S.85 100.32 53.59 1.94 08/18f2003 100.00 - 88,0063,1 TER1YAKI STIXlHOGI YOGI 25.00 25.00 2,1190,1 TERRELL, A 103.91 69.60 34.31 08/20f2003 69.60 - 34,0432,1 TERRIQUEZ, FRANCISCO MAGP 332.55 212.18 120.37 10/09/2003 70.00 - 34,1826.1 THAMES, DAVID & SUSANNE 113.92 99,66 14,26 09/23f2003 SO,OO - 53,0540.1 THE LEARNING GARDEN 280.62 147.11 133,51 09/03/2003 118.47- ... in Msg column indicates no Notice is to be sent ( ( CITY OF tvlERJDIAN Delinquent Account Ust. council Page: 10 Standard Payment Customers Oct 21. 2003 03:42pm Current Period: 10/31/2003 No Delinquent Minimum AmountDelinquent Balance Last Pm! Last Pmt Cust No Name Balance Non-Delinq 08/31/2003 07/31/2003 06/30/2003 Date Amount 57.0104,1 THE PERFECT CUP 35,55 24.27 11.28 07/28/2003 33.90 - 32.1558.4 THOMPSON,GARY 100,05 99.68 .37 10/21/2003 48.00 - 74.3234.4 THOMSEN, LORIE 81,60 68.03 13.57 10/20/2003 50.00 - 1.0880.1 THRONGARD, FRED 66,64 60.76 5.88 10/09/2003 23,03 - 21,2768.2 THURBER, RICHARD 193,72 120,00 73,72 09/17/2003 93,32 - 21,2736.2 THURBER, RICK 309,90 234.32 75,58 10/06/2003 80,00 - 19.0044.1 TIMM, L.W, 165.83 103,04 62,79 08/18/2003 57,89 - 50.0212.1 TORKELSON, HENRY & VEL 123.03 83.98 39.05 08/21/2003 41,99. 42.1216,1 TOROK, ZSOL T 90.78 61,50 29.28 08/18/2003 64,44 . 35.7838,1 TREASURE VALLEY PEDIATRIC: 187.87 104,21 83,66 10/14/2003 16,94 - 13.8546.2 TROGDON. TYKE JR 92.35 91,98 ,37 10/21/2003 45,00 - 14.9032.1 TURNER, JARED 76,54 50,70 25,84 08/27/2003 30.74- 13.2072.1 TUTTLE, TAM! 128.54 84.06 44.48 09/15/2003 75.46 - 50,1373.1 U.S. POSTAL SERVICE 993,38 246.52 380,78 366.08 07/09/2003 177.92 - 50.1376.1 U,S. POSTAL SERVICE 852,26 414.92 231.76 205,58 07/09/2003 201.82 - 50.0506.2 ULMER. CLINT 154,89 82,68 72.21 08/21/2003 50.00 - 31.3234.2 VEGA, CRISTOBAL 230,64 121.50 51.63 57.51 21.1032,1 VELADA, FEDERICO 138,36 97.12 41.24 1 0/03/2003 41.24 - 34.1520.1 VICTORY, CHRISTOPHER 71.66 68.28 3.38 1 0/20/2003 60.00 - 21.0080.1 VINCENT, SPARKY 501 ,95 87.96 76.32 99.84 237.83 09/1712003 75.00 - 42.0324.1 VIVES, MARK 142,97 92.56 50.41 08/18/2003 100,00 - 50.3742.2 VNUK, JOHN 499,41 164.04 113.87 118.77 102.73 07/3012003 50.00 - 46.0262.1 VNUK. JOHN J 133.44 86.02 47.42 09/1512003 62,12 - 31.3556.2 VOGT, STELLA 152,06 100.72 51.34 09/12/2003 60.72 - 35,5017,2 WAGEMAN, CLINT 97.53 54.73 42,80 09/16/2003 50.00 - 34,3328.1 WALLIS, EVELYN 201.41 134.60 66,81 09/16/2003 89.35 - 1,3340,1 WALSH, RON 136.52 136.52 01116/2002 29.17 - 8.0001,1 WANDA'S MEADOWS CORP HO, 237.80 135.34 102.46 08119/2003 51.50 - 20.0190.1 WARD, LINDA K 117.78 112,72 5,06 10107/2003 50,00 - 69.0774.1 WASHBURN, WILLIAM 178.80 92,34 86.46 08126/2003 76,66 - 3.0302.2 WATTS. MELVIN & SONDEE 116.18 89,94 26,24 09116/2003 83.54 - 3.0100.1 WEATHERMaN, TINA 137.86 92.56 45,30 08/26/2003 51.18 - 2.6080.1 WEBB, GERALD 130.96 77.18 53,78 08/14/2003 89.92 - 22.2166.2 WEEKES, N!CKELLE 79.09 79.08 .01 10/20/2003 41.00 - 2.3150,3 WELKER. ROGER 320.48 202.90 117.58 09/12/2003 100.00 - 21.0474,2 WEST. RICK 180.48 115.42 65.06 09/09/2003 82.70 - 23.1000.1 WESTLAWN HILLS 189.86 112.53 48.31 14.51 14.51 31.3322,1 WESTON,DECKER 155.41 103,28 52.13 08/19/2003 134,26 - 9.0182.1 WESTROCK HOMES 24.43 20,95 3.48 4.1618.2 WHIPPLE, JASON 238.30 161.48 76.82 08/26/2003 79,76 - 50.3890.1 WHIPPLE, JEFF 81,60 73,84 7.76 10/10/2003 37,00 - 74,3204.1 WHITE, TAWNYA 59.42 31.94 27.48 08/18/2003 83.41 - 6.1240.2 WHITING, DON & KATHERINE 68,75 46.16 22.59 09/09/2003 22,59 - 74.3708.3 WILBURN, STEVEN 134,86 54.66 80.20 08/20/2003 92,03 - 52,0262.1 WILD SHAMROCK LlP 50,05 19.85 7.55 7.55 15.10 05/13/2003 517,67 - 6.9702.1 WILHITE. JEFF & TRICIA 63,35 41.58 21.77 08/26/2003 21,77 - 51.0334.2 WILKE, RONALD & DOROTHY 113,06 111.10 1.96 21.1092.1 WILSON, CHARLES & HILDA 148.67 139.18 9.49 10/03/2003 65,00 - 74.0356.1 WILSON, DEANA 109,16 103.18 5.98 09/12/2003 150,00 - 33.3662,1 WILSON, RANDY 138,23 89.54 45.75 2.94 09/16/2003 44.77 - 7.0880,2 WINKLER, GREG 74,11 45.47 28.64 09/15/2003 65.00 - 34.1468.3 WITTY. RICHARD & JEANNE 82,34 77.44 4.90 09/09/2003 47.05 - 47.1204.2 WIXSON, RYAN 162.34 101.04 61.30 09/1612003 77.38 - 31.2248.1 WOLFE, ROBERT 120.26 118,06 2.20 09/2512003 70.00 - 33.4282.3 WOLIN, DALE & LOIS 80.84 60,84 20.00 09/16/2003 47.70 - ... in Msg column indicates no Notice is to be sent ( -,/'.' I ( CITY OF MERIDIAN Delinquent Account List- council Page: 11 Standard Payment Customers Oct 21, 2003 03:42pm Current Period: 10/31/2003 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non.Delinq 08/31/2003 07/31/2003 06/30/2003 Date Amount 35.0183,2 WUNDER, PATRICIA 61,96 33.21 28,75 08126/2003 27,77- 46.0350.1 YERBY,RENE 141,18 93.62 47,56 0910312003 49,00 - 2.0660.3 YOUNG, AUSTIN 157,66 110.30 39.66 7.70 1 0120/2003 20.00 - 50.3784.1 ZAVALA, JOSE 137,03 102.54 34.49 09/17/2003 62.00 - 51,3110.2 ZEIMER, DALLENE 79,74 53,16 26.58 09/09/2003 26.58 - Grand Totals: 88,471.95 54,927,50 26,000.08 3,696.12 3,846.25 Report Criteria: Terminated customers not included Cuslomer,Cusl No " {<} 9900000 ... in Msg column indicates no Notice is 10 be senl BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF CENTENNIAL DEVELOPMENT, LLC FOR APPROVAL OF 92 RESIDENTIAL BUILDING LOTS AND 11 OTHER LOTS ON 35.52 ACRES IN AN R-8 ZONE FOR BIRCHSTONE SUBDIVISION, LOCATED ON THE NORTH~STCORNEROF~ST USTICK ROAD AND NORTH BLACK CAT ROAD, MERIDIAN, IDAHO C/C 09/09/03 C/C 09/16/03 C/C 10/07/03 C/C 10/21/03 ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. FP-03-048 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on September 9,2003, and tabled until September 16,2003, October 7,2003, and October 21, 2003, and the Council finding that the Administrative Review is complete from Sonya Allen, Planner I for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, dated: Hearing Date: September 9,2003, to the Mayor and Council, and that Anna Powell Planning Director for the Planning and Zoning Department, and Carl Porter, commented at the hearing, and the Council having considered the requirements ofthe preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-048) Page 1 of5 1. The Final Plat of "BIRCHSTONE CREEK SUBDIVISION, A PARCEL OF LAND ALL LOCATED IN THE SE VI OF SE VI OF SECTION 33, TAN.) R.l W., B.M., MERIDIAN, ADA COUNTY, IDAHO 2003, SHEET 1 OF 4, HANDWRITTEN DATE: 10/9/2003, STAMPED: RECEIVED OCT 102003 CITY OF MERIDIAN CITY CLERK OFFICE, I\PROJECTS\HEARTLAND\30831\ACAD\30831-SURV-PT01.DWG INDEX. NO. 414-33-2-2-00-00, W&H PACIFIC", Centennial Development, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician III, and Sonya Allen Planner I for the Planning and Zoning Department, dated: Hearing Date: September 9,2003, listing 17 SITE SPECIFIC COMMENTS/FINAL PLAT and 7 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of five pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their October 21,2003 meeting as follows, to-wit: 1.1 Comply with the conditions of the Meridian Fire Department as follows: 1. That a fire flow of 1,000 gallons per minute be available to service the entire project. Fire hydIants shall be placed an average of 500' apart. 1997 UFC Appendix III-A 2, Operational fire hydIants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 and 901.3 3, Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-048) Page 2 of 5 4. All radii shall be 28' inside and 48' outside radius. 5. Provide an approved tmnaround for all streets greater than 150' in length that have no outlet. It appears that the plan as submitted with a snoopy turnaround meets this requirement. 1.2 Adopt the Recommendations of the Central District Health Department as follows: The Central District Health Department requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for storm water disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog Of Storm water Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signatme of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT I (FP~03-048) Page 3 of 5 ( 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. 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, pmsuant to Idaho Code ~ 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 the 21 ~ day of C) e,w b-€.-, ,2003. By: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-048) Page 4 of5 Attest: Copy served upon Applicant, the Planning and Zoning Department, Public Works DRH~rtment, . \\\\\ mm" and CIty Attorney. ,\":' Of MER,;"", ,,'" ~ '\ (...II. /",. I' (} o?poR4): ~1-- 'l/~ , _,0 (:'..... ... ~ ~ v ";: By:.dI~R-~~ Dated: IO-Z7-~3i ~ - , Z:\Work\M\Meridian\Mcridian 15360MIBirchstone Sub FP-03..o48\OrderFP,doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-048) Page 5 of5 MAYOR Robert D. Corrie HUB OF TREASURE VALLEY A Good Place to Live 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 8884433 ,FAX (208) 8874813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 466-9272 . Fax 4664405 PUBLIC WORKS BUILDlNG DEPARTMENT (208) 898-5500 . Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 . FAX 888-6854 CITY COUNCIL MEMBERS Tammy deWeerd Keith Bird Cherie McCandless William L.M. Nary CITY OF MERIDIAN STAFF REPORT: Hearing Date: September 9,2003 To: Mayor, City Council and Planning & Zoning Commission Sonya Allen, Planner I JIl ~ Bruce Freckleton, Senior Engineering Tech ~ From: Re: Birchstone Creek Subdivision . Final Plat approval of Ninety (91) Single-Family Residential Building Lots, One (1) School Building Lot, and Eleven (11) Other Lots on 34.52 Acres in an R-8 Zone, by Centennial Development, LLC (File No, FP-03-048). 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 The applicant, Centennial Development, LLC, has applied for Final Plat approval of 91 single- family residential building lots, 1 school building lot, and 11 other lots on 34.52 acres of land located on three parcels on the north-west corner of W. Ustick Road and N. Black Cat Road. The zoning designation for the proposed subdivision is R-8 (Medium Density Residential). This subdivision will have a gross density of 2.46 dwelling units per acre and a net density of 2.92 dwelling units per acre. The minimum square footage for single-family residential building lots within the R-8 zone is 6,500 s,f., with a minimum house size of 1,301 s.f., excluding garage(s). The other lots within the subdivision consist of 10 common area landscape/drainage/utility lots which will be owned and maintained by the Birchstone Subdivision Homeowners Association and 1 common lot to be owned and maintained by the Meridian School District. Total acreage of interior open space is approximately 3.86 acres. The pressurized irrigation system within this development is to be owned and maintained by the Nampa & Meridian Irrigation District. The submitted [mal plat substantially complies with the approved preliminary plat. The final plat shows an additional pathway than was approved on the preliminary plat between Lots 4 & 5, Block 1. Staff approves of this change as it increases open space and connectivity within the subdivision. FP-03-048 ,.A.A: b if""" / r;fs-'''''~" (, Planning & Zoning CommissionlMayor & City Council Hearing Date: September 9, 2003 Page 2 A variance was previously approved for this subdivision that allowed Blocks 4 and 6 to exceed the 1,000' maximum block length requirement, and Block 5 to be less than the 500' minimum block length requirement. Staff recommends approval of the final plat for Birchstone Creek Subdivision with the comments and conditions stated in this report. LOCATION The proposed Birchstone Subdivision is located on three parcels of land on the north-west corner ofW. Ustick Road and N. Black Cat Road SURROUNDING PROPERTIES North: Rmal residentiaVagriculturalland, zoned RUT (Ada County). West: Rural residentiallagriculturalland, zoned RUT (Ada County). East: Rmal residentiaVagriculturalland, zoned RUT (Ada County). South: Tricia's Subdivision, zoned R-4. SITE SPECIFIC COMMENTS / FINAL PLAT 1. Applicant is to meet all terms of the approved annexation (AZ-03-008) and preliminary plat (PP-03-008). 2. The applicant has indicated that Nampa & Meridian Irrigation District will own and maintain the pressure irrigation system within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well somce 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 signatme on the final plat by the Meridian City Engineer. 3. The north-eastern "leg" of Lot 5, Block 6 needs to be revised to be included as part of Lot 4, not Lot 5, as discussed in the preliminary plat. 4. Applicant and/or Homeowners Association shall be required to improve and maintain Lot 6, Block 6 until such time that this lot can be incorporated into the improvements of Lot 7 by the Meridian School District. 5. Fencing adjacent to pathways and internal open space/drainage lots is to be no more than 4' in height if solid material is used. fp.03.048 EUt; 6,YN!t" ~t1irRCVis~St'ffr.~n Planning & Zoning Commission/Mayor & City Council Hearing Date: September 9,2003 Page 3 All fencing shall be reduced to three feet in height within twenty feet of the right-of-way. 6. The proposed landscape plan (prepared by South Landscape Architectme, entitled L1.0, L1.1, and L1.2, dated 10-16-03) is approved as submitted. 7. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements, including perimeter fencing, irrigation, and landscaping shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash smety in the amount of 110% will be required for all fencing, landscaping, pressmized irrigation, amenities, sanitary sewer, water, etc., prior to signature on the final plat. 8. Sanitary sewer service and municipal water to this site shall be via extensions from existing mains. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. This proposed subdivision shall be subject to sanitary sewer latecomers fees, to reimbmse those responsible for opening up service to this area. In lieu of installing the 42" dry line sewer, a Black Cat trunk development fee of $1,500.00 per dwelling unit shall be assessed against this development. Latecomers fees, and trunk development fees shall be due and payable for all buildable lots, prior to city endorsement of the final plat for each phase. 9. Complete the Certificate of Owners and accompanying Acknowledgment. 10. Submit a recorded copy of the CC&R's for this subdivision prior to signatme on the final plat. 11. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 12, Please add the record boundary information, as referenced in the legal description of the Certificate of Owner, to the face of the plat. 13. Please add dimension leaders to the 19.67' distance on Lot 8, Block 6, and the 19.27' distance on Lot 15, Block 6. 14. All drainage areas (detention/retention basins) must be designed to ensme that water is retained only dming 100-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed a 3: 1 slope. ~~".. e..4:b:1 II f1 U 3,F ~ ~;,.,.."OO' Planning & Zoning Commission/Mayor & City Council Hearing Date: September 9, 2003 Page 4 15. Revise or add the following notes to the face of the plat: (14.) Add note: Fencing: adiacent to pathways and internal open space/drainage lots is to be no more than 4' in height if solid material is used. 16. Developer shall coordinate mailbox locations with the Meridian Post Office. 17. Staff s failme to cite specific ordinance provisions or terms of the approved preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natmal waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (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 2, Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic pmposes such as landscape irrigation. 3. Two-hundred-fifty and lOa-watt, high-pressme sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 4. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 5 Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 6. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 7. 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. ~~~" FJb:I,tA" '11Jf.S---""."." Planning & Zoning Commission/Mayor & City Council Hearing Date: September 9, 2003 Page 5 STAFF RECOMMENDATION Staff recommends approval of the final plat for Birchstone Subdivision with the above stated comments and conditions. FP-OJ-048 Elit.tliJ ,. fI~ SOPS- Revised Staff report