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04/24/2000 12:07 ~(AYOR Robert D. Cotre C[TY COUNCIL MEMBERS Ron Anderson Keith Bird Tommy de'Weerd Cherie ?vlcCnndlcss 33 EAST 11)AHO NIEItIDIAN, IDAHO 83642 (?08) 388-~?3 • Fax (208) 387-x813 City Clerk Ot"fice Fax (208) 8S8-d^ I S PAGE 07 LEGAL DEP:~RT~IE.NT (.03) _'83•'_49') • F~c :~~-'501 PUBLIC xvORKS BUILDING DEP,gRT~IENT (2031 SS7.2211 • Fox SS?-129i PLANNING AND ZONING DEPT\RTti1J?'~'T l_U~i ~5.l.FS ~. (°.~s TRANSMITTAL TO AGENCIES IrOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8 Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Wi11 Berg, City Clerk by: April 26, 2000 TRANSMITTAL DATE: April 10. 2000 HEARING DATE: MaY 9, 2000 F1LE NUMBER: AZ-00-009 REQUEST: ANNEXATION AND ZONING OF 78.4 ACRES PROM RT TO R•4 FOR PROPOSED AUTUMN FAIRE SUBDIVISION BY. GEM STAR PROPERTIES, LLG LOCATION OF PROPERTY OR PROJECT: SOUTHWEST CORNER OF BLACK CAT AIVD USTICK ROADS tv ., I.. Y NORTON, P/Z ~~~-.~ MERIDIAN SCHOOL DISTRICT KENT BR01NN, NiZ • MERIDIAN POST OFFICE(PRELIM R ~!":ni_ NLAT) THOMAS BARBEIRO, P/Z ", ,PDA COLINTv ~!!C::vr;T uISTRICT RICHARD HATCHER, P/Z COMMUNITY PLANNING ASSOCIATION KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RON ANDERSON, CIC SETTLERS IRRIGATION DISTRICT CHERIE McCANDLESS, CIC IDAHO POWER C0.(PRELIM & FINAL PLAT) KEITH BIRD, CIC U.S. WEST{PRELIM & FINAL PLAT) TAMMY de WEERD, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM 8~ FINAL) SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT c~, CISE REMARKS u-o FIRE DEPARTMENT ; YOUR CON POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER ,~, APR ~ 4 2000 CITY OF 1VI~~~I~IA1V 2088885052 SANITARY SERVICE • HU8 Of TREASURE V,aLLEY A Good Place to Live CITY QF 1VI~RIDI,AN APR 24 '00 12 09 2088885052 PAGE. O? ~ti APR 2 4 200Q CITY ~F ~, :.;; 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 April 19, 2000 Phones: Area Code 208 OFFICE: Nampa 466-7861 1flirll Berg, Clty Clerk SHOP: Nampa 466-0663 Meridian Planning 8~ Zoning Commission 33 East Idaho Meridian, I© 83642 - - - - Re: AY~Q-009 Annexation and Zoning for Proposed Autumn Breeze Subdivision Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the annexation and zoning for the alcove referenced application. Sincerely, !~~ Bill Henson, sst. Water Superintendent NAMPA 8 MERIDIAN IRRIGATION DISTRICT BH: dln Cc: File -Shop File -Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 HUB OF TREASURE VALLEY MAYOR A Good Place to Live LEGAL DEPARTMENT Robert D. Corrie ~ (208) 288-2499 • Fax 288-2501 CITY OF MERIDIAN CITY COUNCIL MEMBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (2os) 887-z21 l • Fax 887-1297 Tammy deWeerd (208) 888-~i433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Oftlce Far (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: April 28.2000 TRANSMITTAL DATE: April 10 2000 HEARING DATE: May 9, 2000 FILE NUMBER: AZ-00-009 REQUEST: ANNEXATION AND ZONING OF 78.4 ACRES FROM RT TO R-4 FOR PROPOSED AUTUMN FAIRE SUBDIVISION BY: GEM STAR PROPERTIES LLC LOCATION OF PROPERTY OR PROJECT: SOUTHWEST CORNER OF BLACK CAT AND USTICK ROADS SALLY NORTON, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE McCANDLESS, C/C KEITH BIRD, C/C TAMMY de WEERD, C/C WATER DEPARTMENT SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM &-FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOIIRIC~~VCISE REMARKS: MAYOR HUB OF TREASURE VALLEY Robert D. Come A Good Place to Live LEGAL DEPARTMENT CITY CITY OE MERIDIAN - (208) 288-2499 • Fax 288-2501 COUNCIL MEMBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg., City Clerk by: April 28, 2000 TRANSMITTAL DATE: April 10, 2000 HEARING DATE: May 9, 2000 FILE NUMBER: AZ-00-009 REQUEST: ANNEXATION AND ZONING OF 78.4 ACRES FROM RT TO R-4 FOR PROPOSED AUTUMN FAIRE SUBDIVISION BY: GEM STAR PROPERTIES. LLC LOCATION OF PROPERTY OR PROJECT: SOUTHWEST CORNER OF BLACK CAT AND USTICK ROADS SALLY NORTON, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE McCANDLESS, C/C KEITH BIRD, C/C TAMMY de WEERD, C/C WATER DEPARTMENT SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT AFIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: '` /~ `"~ ,~ ~ ~~ ~ ~ ~-~- 90.3cJtid bbL0b8880Z 9b :80 00 ~ bt 21dd FlUB OF TREASURE VgLLEY MAYOF2 Rober~ D Comic A Good Place to Live LEGAL DEPAR'I'MF.I~•T . CITY• O~ MERIDIAN (208) 288.2x99 -Fax 288•x501 CITY COUNCIL MEMBERS PUBLIC woRKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Ktith Bird MERIDIAN, IDAHO 836x2 ('208) 887.22u • Fax ss7-tz~)7 Tammy deWeerd (208) SSS-aa33 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clcrk Office Fax (208) SSS-42IS DEPARTMENT (zOS) 584-5533 • Fax 883-685a TRANSMITTAI. TO AGENCIES FOR COMMENTS ON DEVEY,OPMENT PROJECTS WITIY THE CI'hY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: April 28, 2000 TRANSMITTAL DATE: April 10, 2000 HEARING DATE: May 9, 2000 FILE NUMBER: AZ-00-009 REQUEST: ANNEXATION AND ZONING OF 78.4 ACRES FROM RT TO R-4 FOR PROPOSED AUTUMN FAIRE SUBDIVISION BY: GEM STAR PROPERTIES LLC LOCATION OF PROPERTY OR PROJECT: SOUTHWEST CORNER OF BLACK CAT AND USTICK ROADS SALLY NORTON, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE McCANDLESS, C/C KEITH BIRD, C/C TAMMY de WEERD, C/C WATER DEPARTMENT SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY PLANNING ASSOCIATION CENTRAL• DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER C0.(PRELIM & FINAL PLAT} U,S. WEST(PRELlM ~ FINAL PLAT) INTERMOUNTAIN GAS(PREL{M 8 FINAL PLAT} BUREAU OF RECLAMATION(PRELIM i~ FINAL) MAYOR Robert D. Corrie HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT CITY OF MERIDIAN _ S X501 ('08) PUBLIC WORKS 33 EAST IDAHO BUILDfNG DEPARTMENT MERIDIAN, IDAHO 83642 (208) 387-22 t t • Fax 887- t 297 (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: April 28 2000 TRANSMITTAL DATE: April 10 2000 HEARING DATE: May 9, 2000 FILE NUMBER: AZ-00-009 REQUEST: ANNEXATION AND ZONING OF 78.4 ACRES FROM RT TO R-4 FOR PROPOSED AUTUMN FAIRE SUBDIVISION BY: GEM STAR PROPERTIES LLC LOCATION OF PROPERTY OR PROJECT: SOUTHWEST CORNER OF BLACK CAT AND USTICK ROADS SALLY NORTON, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE McCANDLESS, C/C KEITH BIRD, C/C TAMMY de WEERD, C/C WATER DEPARTMENT SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER C0.(PRfLIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: ~ ~~~~ ``' . i 9-~riJ RECEIVED ~~~~~~> APR 2 0 2000 CITE' ~~" M~~,IDi~1 APR 1 1 2000 Meridian City Wat~x Su • • NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on August 15, 2000, for the purpose of reviewing and considering the application of Gem Star Properties for annexation and zoning of 101.4 acres from RT to R-4 for proposed Autumn Faire Subdivision; Furthermore, the applicant requests Preliminary Plat approval of 263 building lots and 12 other lots on 78.4 acres in a proposed R-4 zone generally located at the southwest corner of Black Cat and Ustick Roads. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 21St day of July, 2000 PUBLISH July 28 and August 11, 2000 WILLIAM G. BERG, JR., C Y LERK ~~~~~'~R~$ tfil!ff7dtlddd~~`,f~`~ T ~ ~ fl!' r~ ~ $EAL ~. ,~„. '~~ "fir ts~ , ,.~,. ~~fddddtddJ gydY~~1~\ )(MONI 1229 E~RL~&~RSSOCI~TES~ • AFFIDAVIT TEL~4540979 r ~itd- of 117eridiarr. t~- !',~.ie~rk Office I, KEVIN AMAR, being first duly sworn, deposes and says that I will post the property under consideration for annexation by the City of Meridian re: Gem Star Properties' Autumn Faire Subdivision, one (1) week prior to the public hearing. That 1 have received said Official Notice from the City of Nleridian for posting on subject property; axed, That said notice shall contain the name of amendment, time and date of the public hearing. a STATE Op' IDAHO ) ss. County of Canyon ) applicant, description of zoning Subscribed and sworn to before me this 3rd day of August, ?000. ,t~a~4nasaa~a,p~+ ~M a^~,~DO~pd1oUN~~, ~.r'~^'x, .rSiL ~~. p ~ X1,0, T.q,~ ~ /I N ~ :: .~:.: , a s `~U yrt}c~ ,~' ,~ J. ~~ rJ~ . ~ ^~ r_' ~i .... (~~,--~ YY1. NOTARY PUB C FOR IDAHO ~ Residing at ~ n Commission expires , - ~ P. 002 ~,I~~'-~NE~ ~I~G 0 ? 2000 JG 07 '00 13 51 4540979 PAGE.02 .~ - ~CE~D ", - . aus ~ a 2000 CITY OF bIEBdDIAN Memo To: Mayor ~ City Council Members From:Gary D. Smith, PE ~v° CC: file /Scott Stanfield, PE Date: 08/14/00 Re: Autumn Faire Subdivision The applicant's representative for this project, Scott Stanfield, PE, has asked that I send a short memo to you to perhaps clarify your Public Works Department's attitude for the sewerability of this proposed subdivision into the existing Black Cat Road sewer line and Ashford Greens lift station. I hope that the following items will be of some assistance to you: 1. Our present City sanitary sewer facility plan shows the Black Cat Sewer Trunk drainage boundary line approximately 800 feet west of the Bladc Cat Road. This boundary line was to be the western edge of the drainage area for the Ashford Greens lift station. This boundary line was established using some widely spaced, approximate, contour line mapping that was available at the time. The boundary was to reflect what land could be served from the existing ground elevations. The original design of the Ashford Greens lift station was based on this drainage area boundary. 2. After the Turnbeny Subdivision, along the west side of Black Cat Road and south of this proposed project, was submitted to us, it was evident that more property could physically sewer into the Black Cat Road sewer than what had been assumed in designing the lift station. 3. Physically, the sewer line in Black Cat Road and the Ashford Greens lift station are deep enough to accept gravity drainage from all of the preliminary plat of the subdivision being presented to you as "Autumn Faire." From the desk of... 4. Also, the Ashford Greens lift station has capacity to Cary n. smith, rE accept the sewage from this proposed "Autumn Faire" Meridian City Engineer Meridian Public works Department 200 E Carltor<St, Suite 100 Meridian, Idaho 83642 2b00 (208)887-2211 • Page 1 Fax: (208) 887-1247 i • Subdivision along with the 28 or so lots being proposed around the proposed park site. 5. Hov~ver, one limiting factor does seem to exist in serving this proposed subdivision. The length of existing 12-inch diameter sewer line, from the Ashford Greens lift station south to Moon Lake Drive, will most probably have to be replaced with one size larger pipe. The applicant is aware of this possible requirement and has accepted it as their liability. We will continue to monitor actual sewage flow in the Black Cat Road sewer line, as we do in other areas of our City, and we will continue to refine. our computer model based on the flows we are monitoring, to provide us the best information possible for capacities of our sewer lines, lift stations and the wastewater. treatment plant. I hope the above information is of some benefit to you as you reconsider this application as requested by the applicant. Regards, Gary • Page 2 it By: City oT Meridian; 2088886854• AUG. -14' 00 (MON) I2 : 02 EARS, : &: ASSOC IA1'ES ::: ~ . EARL & ASSOC~ATE3, INC. StI.~!>vEFO1~.S, ENGINEPI?.S ~ PL~INNBIRS 314)stDloOt.,~ 9r~gr Cnt.~WlsL.l., IDAHO 93645 August 14, 2000 aug-l4-oo z: TE4:4540 4 ~~ ~~~ ~~5~fl ~,~ 5 ~ (o rte, Y~mai1: sscedieldQo earlAndassoc.com T--- City! of Meridian p~n6 ~ Zoning Departruent 200 ~. Carlton Ave. Suitt 201 Mardian,. Idaho 83642 Re: Autumn Faire Subdivision 2 Preliminary plat Application & Zoning ,pap~,~t; t~ncliosed are the fallowing toms for the abova_referencedproj~ct; 1. ~0 copies of the complatod preliminarypiai application form. 2. ~0 folded copies of the preliminary plat, 24"x36" sheet 3. ~0 copics of the 300-scale vicinity map with sw.routtding devolopments, 8-1/2"xI 1". 4. ~ cogi~e of the conoeptual eAgin®~8 plan and profiles. 5, ~~ report addros~ing sub-surface soil conditioaa. 6• Legal bascriptioa of Proposed. subdivision bowndary. 7. 3~0' PI'oP~?' owner's lint. 8. 5179.16 Application fee x(5300 base + $320 + $159.16 mailing fees) The following statements of compliance are a part of this application: 1. S)trcets, curbs, goiters and S' wide sidcwallcs will be~ constructed per ACRID and City of l~cridian rcquirarnea~ts. 2. P~+oposed use is in conformance with the City of Meridian Comprehensive Plan. 3. l~valopmmt wiII eenneat to City, services. 4. 176evelvpment a-ill comply with City ordinances. 5. Preliminary flat inclades appropriate easements. 6. Suet Hansa appearing on the final p]at will not conlliet with City grid system. Please let us know ifyou have aay questions or require additional infornnation. Sunce~ely, I~ .1~~ Earl ~ Associates, Inc. R. Sc~-tt 6tanfield, P.E. Cc: 11)Ir. Berg, Cl®rk's office AUG 14 ' 00 1413 2089886RSd pore r~~ Susan Wildwood, ~rtered Attorney-At-Law TRANSMITTED BY FACSIMILE - 887-4813 June 30, 2000 Mayor and Members of the City Council City of Meridian 33 East Idaho Street Meridian, ID 83642 RE: Reconsideration of Denial Application of Gem Star Properties Autumn Faire Subdivision Preliminary Plat MAZ-00-009/ MPP-00-009 Dear Mayor and Members of the Council, Yj~ECEIVED JUL I;I J ~~!lx) CITY OF MERIDIAN CITY CLERK OFFICE I represent Gem Star Properties in the above referenced matter. This letter is written to request that on July 18, you reopen the above-referenced matter and reconsider your decision. There are several bases for this request: 1. After the close of public testimony, there were questions raised by members of the Council which could have been addressed by the applicant upon a continuance and which formed at least some of the grounds for the denial of the project. It would be reasonable to reopen public testimony to allow the applicant the opportunity to provide answers to Council's questions. 2. The City failed to specify the actions that the applicant could take to gain approval. If the applicant could comply with such conditions at this time, then it would be appropriate to approve the application with such conditions. 3. This project provides many benefits to the citizens of the City of Meridian and would form an important part of future planning for the area in which the project is located. Additional information is contained in this letter below and would be discussed upon reopening of the public hearing. To furkher explain the above bases, we respectfully submit the following: 1. Questions by Council: There were questions raised by Council Members deWeerd and Anderson regarding the proposed park located on what is now the Langley property. These included sewer capacity, design, road access, development timeframes and park impact fees. Although there was some suggestion that the testimony be reopened, the matter was not reopened and therefore, the applicant was not given the opportunity to Office Box 6502 Boise, Idaho 83707 Office (208) 383-0390 Fax (208) 343-3756 RE~EIVEl~ JUG n 3 znnn MAYO$8 OFFICE CI'ry OF ME$IDI.9,N June 30, 2000 Page 2 provide answers to these important questions. We request the opportunity to do so without having to submit a new application and having hearings before the Planning and Zoning Commission simply to come back before the Council with answers that could be provided within a matter of days or a few weeks at the most 2. Compliance with Conditions: The Local Planning Act, specifically Idaho Code Section 67-6519, provides: ...Whenever a governing board or zoning or planning and zoning commission grants or denies a permit, it shall specify: (a) the ordinance and standards used in evaluating the application, (b) the reasons for approval or denial; and (c) the actions, if any, that the applicant could take to obtain a permit While this language does not specifically mention a subdivision plat, the subdivision plat is the basis for the issuance of building permits and would fall under these provisions. The issues discussed, and presumably the reasons for denial were the questions addressed in paragraph 1 above. Because the applicant can address those questions, we believe to the satisfaction of the Council, we request the opportunity to reopen the hearing and provide additional information as noted above regarding these issues. 3. Park Development/Sewer Capacity Availability: As the Council is aware, this project is proposed for five (5) phases, with the proposed park located south of the Sky Pilot drain. As of the time of the hearing, the property was under a purchase and sale agreement with close of the transaction scheduled for thirty (30) days after approval of the City of the preliminary plat for Autumn Faire. Planning and Zoning requested that the preliminary plat for Autumn Faire include a park south of the Sky Pilot drain. The applicant agreed to do so and provided that information to the Council. At the time of the hearing before Council, it was believed that the proposed park site would have to be served by both the Black Cat and McDermott trunk lines. Because the McDermott trunk line is not scheduled for improvements in the immediate future, there was concern that the donated land would remain a "weedpatch" and would not be developed. Another voiced concern was that the applicant would not donate the property to the City in a timely fashion. In response to these concerns, our engineering staff has consulted with City staff and determined that the proposed park site can be serviced, i.e., would gravity flow to the Black Cat trunk line. This would alleviate the concerns regarding the use or improvement of the McDermott trunk line delaying park developnnent by the City. Based on that information, the applicant directed the engineering firm to redesign the park layout, a copy of which is attached. The stub road to the proposed park site will be June 30, 2000 i Page 3 • installed as part of Phases 4 or 5 together with the sewer and water connections to the proposed park site. This would allow the City to begin development of the Park contemporaneously with the development of Phases 4 or 5 of the project. It is projected that all phases would be competed by the end of three years from approval of the preliminary plat for Autumn Faire. 4. Benefits to Citizens/City of Meridian: There are many benefits to the citizens/City of Meridian: a. New Park Facilities: This area of town has one regional park on Ustick and Ten Mile Roads. The other parks in the area are small, neighborhood parks comparable in size to the proposed park. The City of Meridian Comprehensive Plan Map designates the vicinity of the project for a future neighborhood park. The actual park area itself exceeds the Comprehensive Plan goal of providing the minimum recommended standard of five (5) acres per one thousand (1,000) of population. The projected population of Autumn Faire at full build-out is 784 people resulting in an equivalent ratio of 9.1 acres per one thousand people. In addition to the proposed park, Autumn Faire includes three (3) large multipurpose storm water retention/ detention lots: one at 1/z acre, one at 3/4 acre, and one at 1 acre. These lots will be landscaped and made available for homeowner's use. While these lots would be owned and operated by the homeowners' association; they would actually add to the park- type lands available to citizens of Meridian because they would relieve some of the pressure on the park from residents of Autumn Faire. b. Impact Fees: Normally, the City collects park impact fees designated for the purpose of purchasing land for new parks. In this case, the developer is willing to exchange the impact fees associated with Phases I through 5 for the property. This is a substantial discount for the land itself if the City actually had to purchase land in this area for the park. c. Infrastructure: The applicant will develop public streets, sewer and water to the north-east corner of the park. This will allow the City to develop the park including the use of flush toilets and drinking fountains. In addition, the applicant would provide a point of connection to the pressure irrigation system being installed at Autumn Faire which will allow the City to develop the irrigation system for the park. The applicant will also fence the property line between Autumn Faire Phase 5 and the park during construction of Phase 5. d. Other Benefits: In addition to the above, there are other valuable benefits deriving from the development of Autumn Faire by the completion of buildout, including: (1) contribution to Black Cat trunk line improvement of approximately $375,000; (2) reimbursement to the Ashford Greens lift station construction of approximately $190,000; and (3) donation of a lot in Autumn Faire to the City for a future well for the City water system which is not required to service Autumn Faire. 5. Development Agreement: Because of concerns voiced by the Council, the applicant June 30, 2000 Page 4 • is willing to enter into a development agreement with the City which will outline the development indicated above including an agreement to donate the land for the proposed park at the commencement of construction for Phase 3. Based on the foregoing, Gem Star Properties respectfully requests that this matter be reopened, additional testimony be taken and the matter be reconsidered. Very truly yours, Susan Wildwood cc: Client(s); File • ~6 ~'o 0 ~ /~ RECEIVE ~/LL~t~ ~ ~n~/~/~~~ JuN t fi toou ~ ~ ~~ 6295 w, ~~o~,~~~ ~ ~~ ~~a,~~ ~~ ~ ~~~~ Gl~ ~~ ~ ~-~-~ l-Irw~s ~1 ~ l o PETERSON, PRUSS, MORROW & GIGRAY, P.A. WHITE , ATTORNEYS AT LAW NAMPA OFFICE JvLiE KLE[N FiscHElt WM. F. GIGRAY, IIi 200 EAST CARLTON AVENUE POST OFFtcE BOX 1150 lb4 NINTH AVENUE SouTx PosT OFFicEBox 247 BRENT J. JoxNSON MERID~, IDAxo 83680-1150 NAMPA, IDAHO 83653-0247 D. SAMUEL JornasoN TEL. 208)466-9272 ~ WII.LIAM A. MORROW 08) 466405 FAX ( WII,LIAM F. Nlcxol.s Tn. (208) 288-2499 CrmisroPr>at S. NYE Ptm.tr A. YEI'FRSON FAx (308) 288-2501 PLEASE REPLY TO STFrimv L. PRUSS MERIDJAN OFFICE ERIC S. ROSSMAN TODD A. ROSSMAN DAVID M. S WARTLEY TIItRENCER. WinTE May 18, 2000 DECEI~T~ a ff To: St MAY 2 3 2p00 p p O C Affect d P wner(s) roperty ITY OF N1~I~IIyIAN Re: Application Case No. AZ-00-009 earmg Date: dune 6, 2000 FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Findin s and Recommendations of the Planning and Zoning Commission shall be presented to the ~ity Council at the public hearing on the above referenced matter by the Planning and Zoning Administrator. Due to the volume of matters which the City Council must decide, and to insure your position is understood and clear, it is im ortant to have a consistent format by which matters are presented at the public hearings be~ore the City Council. The City Council strongly recommends: That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and be prepared to state your position on this application by addressing the Findings and Recommendations of the Plaiuung and Zoning Commission; and 2. That you carefullyy complete (be sure it is le 'ble) the Position Statement if you disa ee with the Findings and~ecommendations of the Plaruung and Zoning Commission. The Position Statement form for this application is available at the City Clerk's office. Yt is recommended that you ppre are a Position Statement and deliver it to the City Clerk prior to the hearing, if possible. If that is not possible, pplease present your Position Statement to the City Council at the hearing, along with eight (8) copies. The copies will be resented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the ~ity Attorney. If you are a part of a group, it is strongly recommended that one Position Statement be filled out for the group, which can be signed by the representative for the group. ~Yi Very truly yours, City of 1V1e~ritli~n Public Works Dept. Memo To: Mayor & City Council Members From:Gary Q. Smith, PE ~' C4': fife /Scott Stanfield, PE Dates 08/14/00 Rew Autumn Faire Subdivision Past.it• Fax Note 7671 °a~ ~ J~j. Peeea- To S ~ E [~ From d ~~TYI CoJDept, Co. php~,g p Phone # Fex M 45 (~ , O97 Fax o ~6 ~ 1 Z / 1 The applicant's representative for this project, Scott Stanfield, PE, has asked that I send a short memo to you to perhaps clarify your PubNc Works Department's attitude for the sewerability of this proposed subdivision into the existing Black Cat Road sewer line and Ashford Greens lift station. 1 hope that the following items will be of same assistance to you: 1. Our present City sanitary sewer faality plan shows the Bladc Cat Sewer Trunk drainage boundary line approximately 800 feet west of the Bladc Cat Road. This boundary line was to be the western edge of the drainage area for the AshforcJ Greens 1'rft station. This boundary line was established using same widely spaced, approximate, contour line mapping that was available at the time. The boundary was t'o reflect what land could be served from the existing ground elevations. The original design of the Ashford Greens lift station was based on this drainage area boundary. 2. After the Tumberry Subdivision, along the west side of Black Cat Road and south of this proposed project, was submitted to us, it was evident that more property could physically sewer into the Black Cat Road sewer than what had been assumed in designing the lift station. 3. Physically, the sewer line in Black Cat Road and the Ashford Greens lift station one deep enough to accept gravity drainage from all of the preliminary plat of the subdivision being presented to you as "Autumn Faire." Fmmffie desk of... 4. Also, the Ashford Greens lift station has. capaaty to acxept the sewage from this proposed "Autumn Faire" • Page i Gaey n. S~ >SE ht«ia~ aey ~ Meridian Pulatic Wade Departiz~s-e woE ~i~sc,ea+~ioo Mecidian.ldatw s~z 2500 ~ sa7 zni ~ ~ s37 ~ R,ECEIV~~ ~,u~ ~ ~ ~~~~~:~ CITY OF MERIDIAN CITY CLERK OFFICE • • Subdivision along with the 2$ or so lots being proposed around the proposed park site. 5. However, one limiting factor does seem to exist in serving this proposed subdivision. The length of existing 12-inch diameter sewer tine, from the Ashford Gn~ns lift station south to Moon Lake Drive, wiU most probably have to be replaced with one size larger pipe. The applicant is aware of this possible requirement and has accepted it as their liability. We will continue to monitor actual sewage flow in the Blade Ca# Raad sewer line, as we do in other areas of our City, and we will continue to refine our computer made) based an the flows we are monitoring, to provide us the best information passible far capadties of our sewer Gnes, lift stations and the wastewatr~r treatment plant. 1 hope the above information is of some benefit to you as you reconsider this application as requestied by the applicanrt. Regards, Gary • Page 2 *~ TOTAL PAGE.02 ** ~~ • Memo To: Mayor & City Council Members From:Gary D. Smith, PE CC: file /Scott Stanfield, PE Date: 08/14/00 Re: Autumn Faire Subdivision The applicant's representative for this project, Scott Stanfield, PE, has asked that I send a short memo to you to perhaps clarify your Public Works Department's attitude for the sewerability of this proposed subdivision into the existing Black Cat Road sewer line and Ashford Greens lift station. I hope that the following items will be of some assistance to you: 1. Our present City sanitary sewer faality plan shows the Black Cat Sewer Trunk drainage boundary line approximately 800 feet west of the Black Cat Road. This boundary line was to be the western edge of the drainage area for the Ashford Greens lift station. This boundary line was established using some widely spaced, approximate, contour line mapping that was available at the time. The boundary was to reflect what land could be served from the existing ground elevations. The original design of the Ashford Greens lift station was based on this drainage area boundary. 2. After the Turnbeny Subdivision, along the west side of Black Cat Road and south of this proposed project, was submitted to us, it was evident that more property could physically sewer into the Black Cat Road sewer than what had been assumed in designing the lift station. 3. Physically, the sewer line in Black Cat Road and the Ashford Greens lift station are deep enough to accept gravity drainage from all of the preliminary plat of the subdivision being presented to you as "Autumn Faire." Fromrl,edeskof... 4. Also, the Ashford Greens lift station has capacity to cats n. smeh, >~ accept the sewage from this proposed "Autumn Faire" M~'d'~'~'~'E"~ Meridian Public Works Department Z00 E CarltonSt, Suite 100 Meridian, Idaho 83642 2600 (208) 887-2211 • Page 1 Fax (208) ss7 i2~ ~ • Subdivision along with the 28 or so lots being proposed around the proposed park site. 5. However, one limiting factor does seem to exist in serving this proposed subdivision. The length of existing 12-inch diameter sewer line, from the Ashford Greens lift station south to Moon Lake Drive, will most probably have to be replaced with one size larger pipe. The applicant is aware of this .possible requirement and has accepted it as their liability. We will continue to monitor actual sewage flow in the Black Cat Road sewer line, as we do in other areas of our City, and we will continue to refine our computer model based on the flows we are monitoring, to provide us the best information possible for capacities of our sewer lines, lift stations and the wastewater treatment plant. I hope the above information is of some benefit to you as you reconsider this application as requested by the applicant Regards, Gary • Page 2 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerlc of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerlc of this City, I am the custodian of its records and minutes and do hereby certify that on the day of , 2000, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND GEMSTAR PROPERTIES, L.L.C. 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 an agreement with GEMSTAR PROPERTIES, L.L.C., denoted as "DEVELOPMENT AGREEMENT", 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 agreement with GEMSTAR PROPERTIES, Certificate of Clerlc (AZ-00-009) - 1 of 2 L.L.C., entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridian and GEMSTAR PROPERTIES, L.L.C., a copy of which is attached hereto marked as Exhibit. "A" to this Resolution and to bind this City to its terms and conditions. WILLIAM G. BERG, JR. CITY CLERK STATE OF IDAHO, ) County of Ada, ) ss. On this ' day of , in the year 2000, 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) Notary Public for Idaho Commission Expires:_ Z:\Work\M\Meridian\Meridian 15360M\Autumn Faire Sub AZ and PP\CertofClerk Certificate of Clerk (AZ-00-009) - 2 of 2 WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P. A. ATTORNEYS AT LAW JULIE KLEW FISCHER CHRISTOPHER $. NYE WM. F GIGRAY, III PHILIP A. PETERSON BAENT JOHNSON ERIC S. ROSSMAN D. SAMUEL JOHNSON TODD A. ROSSMAN LARRY D. MOORE DAVID M. SWAATLEY WILLIAM A. MORROW TERRENCE R. WHITE'~* WILLIAM F NICHOLS~' 'ALSO ADMITTED IN OR "'ALSO ADMITTED IN WA 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680.1150 TEL (208) 288-2499 FAX (208) 288-2501 Email via Internet C wfg mwpPmg.com December 27, 2000 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.0247 TEL (208) 466.9272 FAX (208) 466-4405 PLEASE REPLY TO MERIDIAN OFFICE ~EGE~~'~ t r r) 'p ~~11~^ a.. R' ,~.tltAl~ CITY OF MEIIIDIAN William G. Berg, Jr., City Clerk MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 Re: AUTUMN FAIRE SUBDIVISION /REVISED DEVELOPMENT AGREEMENT, RESOLUTION AND CERTIFICATE OF CLERK CASE NO. AZ-00-009 Dear Will: Please find enclosed the original, revised Development Agreement, Resolution and Certificate of the Clerlc for the owner/developer's signature, Gemstar Properties, L.L.C. Upon Council's approval of the Findings of Fact and Conclusions of Law for the above matter, the Findings will then need to be attached to the Development Agreement as Exhibit "B". After the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning have been adopted, please submit the Development Agreement to the owner/developer for signature. Ve trul yours !lt T~- n;~.I I-H ^ ri ~j~'! t~~ iii a~s(~~~~ ii,,~ S~f'j~ ~S~i~U`^ll ry~a1("s:~<s~P ~r l~ ~!{+ J~r,r,:-P,;;^~~ 01 lit."J.1.: J~!_,'y~t'i/ m. ~'. `~c~lo~ls msg/Z:\Worlc\M\MeridianWleridian 15360MWutumn Faire Sub AZ and PP\FFCL and DevAgtCl1c122000.1tr WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P. A. ATTORNEYS AT LAW JULIE KLEIN FISCHER PHILIP A. PETERSON WM. F GIGAAY, III STEPHEN L. PRUSS BAENT JOHNSON ERIC S. ROSSMAN D. SAMUEL JOHNSON TODD A. ROSSMAN WILLIAM A. MORROW DAVID M. SWARTLEY WILLIAM F. NICHOLS• TERRENCE R. WHITE~`• CHRISTOPHER $. NYE 'ALSO ADMITTED IN OR ''ALSO ADMITTED IN WA 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288.2499 FAX (208) 288-2501 Email via Internet @ wfg@wppmg.com August 22, 2000 William G. Berg, Jr. Meridian City Hall 33 E. Idaho Street Meridian, Idaho 83642 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.0247 TEL (208) 466.9272 FAX (208) 466-4405 PLEASE REPLY TO MERIDIAN OFFICE ~~~~~ sFP - ? zaoo CITY OF MERIDIAN Re: AUTUMN FAIRE SUBDIVISION AZ-00-009 /ANNEXATION AND ZONING ORDINANCE (R-4) Dear Will: Please find enclosed the above ordinance for the annexation and zoning for Gem Star Properties, L.L.C. 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 Annexation and Zoning are adopted. Additionally, I did not include any of the conditions of development set forth in part 3 of the Decision and Order, due to the fact that it is my opinion that annexation and zoning ordinances should not contain conditions other than a reference to a development agreement if so ordered. A development agreement was requested in this matter so I have fashioned the language in the Decision and Order to address the conditions of within the Development Agreement and that the property is to be developed under the planned unit development process and conditional use permit process. Please supply this letter to the Mayor and Council for their consideration of these Findings and Ordinance. If you have any questions arise, please advise. Very truly yours, msg~:\Work\M\Meridian 15360M~Autumn Faire Sub AZ and PP\Clerk on Ord .Ltr 33 East Idaho Meridian, ID 83642 Cat of Meridian Ph: 208-888-4433 Y Fax: 208-888-4218 City Clerk's Office FCIX to: Steve O. From: Shelby Fax: Pages: 6 Phone: dare: 10/25/00 Re: Autumn Faire Ordinance -MAP cc: ^ Urgent ^ For Review ^ Please Comment ^ Please Reply ^ Please Recycle Thank you!! ~~ ** TX CONFIRMATION REPORT ** DATE TIME TOiFROM 16 10125 14 36 PUBLIC WORKS 33 East Idaho Meridian, ID 83642 Ph: 20888-44.43 Fax: 208,888-4218 FC1X AS OF OCT 25• 14 37 PAGE. 01 CITY OF MERIDIAN MODE MINiSEC PGS CMD# STATUS OF--S 01'16" 006 007 OK City of Meridian City Clerk's office ~: Steve O. rrom: Shelby F°x' Pages: 6 Phony Date: 10/25/QO rte: Autumn Faire Ordinance -MAP cc: ^ Urgent O ForReview Thank you!! -U -1Pr~. ^ Please Comment p Please Repry ^ Please Recycle • WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JULIE KLEIN FISCHEA PHILIP A. PETERSON WM. F. GIGRAY, Ill STEPHEN L. PRUSS BRENT JOHNSON ERIC $. ROSSMAN D. SAMUEL JOHNSON TODD A. ROSSMAN WILLIAM A. MORROW DAVID M. SWARTLEY WILLIAM F. NICHOLS* TERAENCE R. WHITE*• CHRISTOPHER S. NYE 'ALSO ADMITTED IN OR "ALSO ADMITTED 1N WA William G. Berg, Jr., City Clerk MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX (206) 288-2501 Email via Internet @ wlgLiwppmg.com August 22, 2000 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, 1DAH0 83653-0247 TEL (208) 466.9272 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE ~c~~D SEP - t 2000 CITYOFMERIpIAN Re: AUTUMN FAIRE SUBDIVISION / ANNEXATION AND ZONING FINDINGS, DEVELOPMENT AGREEMENT, RESOLUTION AND CERTIFICATE OF CLERK CASE NO. AZ-00-009 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 per instructions from the Council meeting of August 15, 2000, and which are on the agenda for September 5, 2000. I have also attached the orlgg~~'inals of the Resolution and Certificate of the Clerk for the Development Agreement for owner~developer's signature. I have also attached hereto the Development Agreement for the above matter. After the Council meeting of September 5, 2000, if Council approves the Findings of Fact and Conclusions of Law for the above matter, then the Findings wl`li need to be attached to the four Development Agreements as Exhibit "B". After the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning have been adopted, please submit the Development Agreement to the owner/developer for signature. Very truly yours, Wm. F. Nichols msp~Z:\WorkUV1\Meridian 15360MWutumn Faire Sub AZ and PFIFFCL and DevAgtClk.ltr sqe '6d LC 'SIB 1 9N ro!rwN0o5 Auoyuml 60'6LOl 3:ZL,ZZBBS • '005 '~ y/ 13 / 0[~ M~ K~ rM 00'5[0 3.CC.BLBYS ///~~, '+00 Yl/1 3-7 - SL'Yy[ 3.5f.IL6B5 y vo5 'x0 y/1 '7 ...._.,5.._.._.., ~~uu~ I I I 1+od Y loN y/1 3N y/l 35 '1J'~5 01558Cy I 'rr+oY !06'OOl m 4 ~ ~ - / 1 u ~' ^ p ~ '~ 91/l 3N OO BSL M.5C,ILBBN '~\. u 1 z ~~ R,: , ~-. ~; n / ~i ~ ~ ~.: I i. i ll V~+s'A i,.i I ~l W ~L~.+1~,\ ~ . ~~! I I. 1\ V 31 5 liod Y 7oN }MMf44 ~,. ~'JC ~ ~ C~ ;~. j ~« ,~ _. 1 Io, lror,uw~o ,, Z Ir, ,~.Wr..r~ y/l 3N y/l 3N „4 ~ ~~~. pO // C o05 O N / N C'1_ N f'1 y[ '005 ~ fC 'ors `ONINNg3B d0 1Ngd zc om m,u.rcoerv .~ 51/1 '3 m.ac.rwr avoa Jousn OHtl01 'l,1Nf100 tlOtl 'NVI012l3W 3SI08 '153M l 30Ntl21 'H1210N £ dIHSNM01 'b NOLL~3S b/l 3N 3H1 d0 12itld tl d 1181HX3 I I I I i i I I I y •005 '~ y/l 'N ZIOB '6d Cl 7B 1 'oN ~MIVOn$ AIYVWnl 1 '~S '+~ t/ I ". m n >O> O ~ '~~ 'M I 'tl 'N f '1 M l'tl N f'1 ff '~5 \ `ONWNg39 !0 1NIDd m e~/i a_~ OHV01 '1J.Nf100 VOV 'NtlIOkl3W 3$108 '1S3M l 30N'd21 'H1210N £ dIHSNM01 'b NOLL035 b/l 3N 3H1 d0 12idd d b 1181HX3 EXHIBIT A A PART OF THE NE 1/4 SECTION 4, TOWNSHIP 3 NORTH, RANCE t WEST,. BOISE MERIDIAN, ADA COUNTY, IDAHO PdNT OF BECINNING~ C-E 1/16 Gor. Tumbarry $ubEiveian No. 1 BY. 77 Pq. l012 ~ ~ N. 1/4 C>. SK I I I I I I I Not A P C I/4 Ca. Sic EXHIBIT A A PART OF THE NE 1/4 SECTION 4, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO PgNT OF BECINNINC~ TumOVry Sut1ElN~gn Ne. 1 ' Bk 77 Pg. 8012 G-L 1/16 l'Af. - - -- May 1, 2000 Jack C. Anderson 2325 W. Ustick Road Meridian, Idaho 83642 Re: Autumn Faire Preliminary Plat Dear Mr. Anderson, ~t2 ~. ~~. R,~C~~D MAY - 9 2000 Cl'f/Y~OF MERIDIAN d~ We understand your concerns regarding your irrigation pipeline. We recognize the pipeline crosses our property and furthermore, we realize a recorded easement exists for said. pipeline. It is our intention to cooperate with you and protect your rights. As you know, our proposed lot lines do not follow the existing irrigation pipe. Therefore, we propose installing a new irrigation pipeline. Said pipeline would be located adjacent to our proposed lot lines. We would record easements to protect your access to the new line.. Since the pipeline would be made from new materials, the life of the new pipeline should be much greater than your existing piping. Your maintenance time should be greatly reduced. Our goal is to install the new piping prior to a typical irrigation season, thereby minimizing impacts on your irrigation schedule. We hope our proposal is acceptable to you. Please call if you have any questions. Sincerely, /~ Llo d lasgow, Managing Partner Gemstar Properties, LLC 228 E. Plaza, PMB-207 Eagle, Idaho 83616 MAY.-04'OOITHU) 10:29 EAR~ASSOCIATES::: TEL:454097jr x ~ : e r riHY ~, eloee ~ ri nu: ~ eea ~ yLf r-e~~~~~** ADA COUNTY HIGHWAY DISTRICT Planning and llevelopment Division Development Application Report Preliminary Plat -Autumn Faire Victory pJ0 Moridian P. 001 ~c~ rH~t~ cry REcE~~ k'~~~ ~ ~ ~I)~~ +i~ity of 1Vleridia~~. {%'ity Clerk Df~i.c~~ 91 Residential Lots An application for a preliminary plat has been submittzd to the City of Meridian for approval of a residential subdivision, Autumn Faire. The application has beau referred to ACRD by the City for review and comment. Autumn Faire is a 263-lot residantial'subdivision on 78.4-acres. The site is located south of Ustick Road and west of Black Cal Road. This development is estimated to generate 2,630 additional vehicle trips per day (10 existing) basal on the Listitut~e of Transportation Engineers Trip Generation manual. Roads impacted by this development: Ustick Road Blacl: Cat Road ACRD Commission Date - M1y lU, 2000 - 7:00 p_m. Post-It• fax Note 7671 °a~ §_~- p~ aB°eB6~ TO C P i a~ From t:OTf ST F 1 E Ci e ~ K ~ Phone n Phone # $ ~- ~ ~ ~ 6 Fax n 8 ~ ~ " (o ~' S Fax n nuwmnfaire.anm.doc Page 1 MAY. -04' 00 (THU) 10:29 11 ~ 26 I'HY 04. zees Fps ~a ~a;n~: EARL~SSOCIATES::: TEL:454097~ P. 002 TEL IYU i i zaB 7 387-6391 *zttBe PF1GE = 3i 9 A. Generallnfonnation Owner -Langley Farms Limited Partnership, Gemstar Properties Applicant -Earl and Associates, Scott Stanfield RT -Existing zoning R-4 -Requested zoning '18.4 -Acres 263 -Proposed building lots 7,800 -Total lineal feet of proposed public streets 259 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Service Area Meridian -Impact Fee Assessment District Ustick Road Minor arterial with bike lane designation Traffic count of 1,612 on 8/3l/99 A -Existing Level of Service A -Existing plus project build-out Love! of Service 1,320 -feet of frontage 50 -feet existing right of-way (25-feet from centerline) 96 -feet required right-of-way (48-feet from centerline) Ustick Road is improved with a 26-foot street with no curb, gutter or sidewalk abutting the project site. Black Cat Road Minor arterial with bike mute designation Traffic count of 1,360 on 8/31/99 A -Existing Level of Service A -Existing plus project build-out Level of Service 2,124 -feet of frontage 50 -feet exisiilag right-of-way (25-feet from centerline) 96 -feet required right of-way (48-feet from centerline) Black Cat Road is improved with a 26-foot strzet with no curb, gutter or sidewalk abutting the project site. The subdivision to the east B. On Apri124, 2000, the District Planning and Development staff inspected this site and evaluated the lransportation system in the vicinity. On April 28, 2000, the staffmet as the DislricCs Technical Review Committee and reviewed the impacts of this proposed development on the District's transportation system. The results of that analysis constiAite the following Facts and Findings sad recommended Site Specific Requirements. autumnfaire.cmm.doc Pege 2 MAY. -04' 00(THUI 10:30 EAR(~ASSOCIATES::: TEL:454097~ P, 003 i 1 ~ ZB I'HY 04. 2000 TEL Iv0 ~ c Z06) 367-t5391 arz466 Pi=~aE ~ 4i5 C. The applicant should be required to construct all public roads within the subdivision as 36-foot stt+eet sections with curb, gutter, and S-foot wide concrete sidewalks within 50-feet of right-ot= way. D. The applicant is proposing to extend Sagewood Street to the west property line approximately 600-feet south of the north property line. The proposed location meets current District policy. The applicant should be required to install a sign at the termiaue of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. E. The applicant is proposing to extend Autumn Faire Way to the west property line approximately 1,100-feet south of the north property line. Stair supports inter-neighborhood connectivity between this site and the site to the west, however, District staff is concerned that the forecast traffic volumes on Autumn Faire Way would exceed the District's planning threshold of 1,000 vehicles per day when the parcel to the west redevelops and trafyic from that site utilized Autumn Faire Way. District staff recommends that the applicant eliminate this proposed stub street to the west property line. When Sagewood Street is extended to the parcel to the west that roadway will provide adequate interconnectivity between the two parcels. F. There is acre parcel to the south of the site. The applicant is not proposing a stub street to that parcel. The applicant should be required to provide a stub street to the south property line located 340-feet writ of the east property lint, in alignment with Stella Court. The applicant should be required to install a sign at the terminus of the roadway stating that, "THIS ROAD WYLL BE EXTENDED IN THE FCPI'URE". Coordinate the sign plan for the stub street with District staft: G. The applicant is proposing to construct Autumn Faire Way oft' Hlack Cat Road located appro~timately 105-feet north of the south property line. This location is aligned with Talamore Boulevard on the east side of Black Cat Road. The proposed roadway location meets District policy. H. The applicant is proposing to construct a public street off Black Cat Road, approximately 850-feet nortt of the south properly line, which is 700-feet from any other intersection on Black Cat Road. The location meets the required 125-foot offset requirement from any public street intersection. I. The applicant is proposing to construct Clearwater Way offBlack Cat Road located approximately 750-feet south of the north property line, in alignment with Moon Lake Drive on the east side of Black Cat Road. The location of Clearwater Way meets District policy. The applicant is proposing to construct a public street off Ustick Road, approximately 660-feet west of Black Cat Road. The location of the proposed public road meets District policy. 1C. There is a 1.7-acre parcel located at the southwest corner of the Ustick Road Black Cat Road intersection. This parcel is not shown as part of the current application. The District's property map data show that this parcel is part of the same parcel as the parcel proposed for subdivision. The parcel has 260-feet of frontage on Black Cat Road and 290-feet of frornage on Ustiek Road. Current District policy requires a m;n;muul offset distance of 315-feet from the intersection of Ustick Road and Black Cat Road for a full access driveway on either roadway. Therefore, ibis eutumnfaire.cmm.doc Pege 3 MAY. -04' OOITHU) 10:30 EAR~ASSOCIATES::: TEL:454097~ P. 004 1'1 ~ Z9 i`NY 0~t. 2090 TEL I`#7 ~ i 20B 1 387391 ~kZH6e PAGE ~ 5i 9 parcel will have restricted access when it redevelops. Aright-in/right-out driveway may be allowed on either road at 220-feet offset from the intersection. Under current District policy, the site would be allowed only aright-inhight-out driveway on Ustiek Road and Black Cat Road. The applicant should provide the parcel at the southwest corner of Black Cat Road and Ustick Road access to a public road within the proposed subdivision or provide a note on the final plat sffiting that this lot will be allowed one restricted driveway on Black Cat Road and one restricted driveway on Ustiek Road. L. The applicant is proposing to construct four turnarounds: Stella Court, Crossridge Street, Sagewood Circle and Julia Court. The iuntarounds should be constructed to provide a minimum turning radius of 4S-feet. Submit a design of the turnarounds for review and approval by District staff. M. District policy requires the applicant to construct a 5-foot wide concrete sidewallc on Black Cat Road abutting the parcel (apps+mdnnately 2,124-feet) prior to District approval of a final. The sidewalk should be located two feet within the new right-of-way of Black Cat Road. Coordinate the location and elevation with District staffi N. District policy requires the applicant to construct a S-foot wide concrete sidewalk on Ustick Road abutting the parcel (approximately 1,320-feet) prior to District approval of a final. The sidewalk should be located two feet within the new right-of-way of Ustick Road. Coordinate the location and elevation with District staff. O. The applicant should be required to construct a center turn lane on 81ack Cat Road for the three public street intersections. The turn lanes should be constructed to provide a minimum of 100-feet of storage with shadow tapers for all the approach and departure directions. These turn lanes shall be constructed prior to the issuance of any impact fee certificate in the subdivision. Coordinate the design of the trtrn lane with District stag: P. The applicant should be required to construct a center turn lane on Ustick Road for the public street intersection. The turn lane should be constructed to provide a minimum of 100-feet of storage with shadow ffipers for both the approach attd departure directions. These turn lane shall be constructed prior to the isauance of any impact fee certificate iit the subdivision. Coordinate the design of the turn Lane with District staff. Q. District staff is concerned with the long, straight segments of Valleygreen Avenue, Clearwater Way and Willowside Avenue. The applicant should construct traffic calming devices (i.e., trafFic circles, bulb-outs or traflxe islands) on each of these streets. The applicant should coordinate the design of the traffic calming devices with District staff. R. -Any proposed landscape islands/medians within the public right-of-way dedicated by ties plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. S. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation systom will be adequate to acconunodate additional traffic generated by this proposed development with the requirements outlined within this report. autumnfeire. cmm. doc page 4 MAY.-04'OOITHU) 10:31 EARL~SSOCIATES::: TEL:454091~ P. 005 1130 19FY 04, 2000 TEL I`IU~ C20e) 38'Y-6391 9PZ489 PFtiE~ 6i9 The following Site SpeciSc Requirements and Standard Requirements must be met or provided for prior to AC'1® approval of the final plat: Site Specific Requirements: 1. Dedicate 48-feet of right-of-way from the centazline'of Black Cat Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be compensated for all right-of-way dedicated as an addition to existing right of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the unpact fee administrator prior to breaking ground, in accordance with Section 15 of ACRD Ordinance # 193 . 2. Dedicate 48-feet of right of-way from the ceaterliae of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be compensated for all tight-of-way dedicated as an addition to existing right of-way from available impact fee revenues in this benefit zono, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 3. Construct 5-foot wide concrete sidewallc on Black Cat Road abutting the parcel. The sidewalk shall be located two feet within the new right-of-way of Black Cat Road. Coordinate the location and elevation with District staff. 4. Construct 5-foot wide concrete sidewalk on Ustrck Road abutting the pazcel. The sidewalk shall be located two feet within the new right-of-way of Ustick Road. Coordiriete the location and elevation with District staff. 5. Construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and S-foot wide concrete sidewalks within 50-feet of right-of-way. 6. Stub Sagewood Street to the wart property line approximately 600-feet south of the north property line as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED 1N THB I'[JTTJRE". Coordinate the sign plan for the stub street with District staff. 7. Do not Stub Autumn Faire to the west property line. 8. Stub Dayside Avenue to the south property ling as proposed. Install a sign at the terminus of the roadway stating that; "PHIS ROAD WILL BE TENDED 1N THE FUTURE". Coordinate the sign plan for the stub street with District staff. 9. Provide a stub street off Cleawater Way to the south property line located 340-feet west of the east property line, in alignment with Stella Court. Install a sign at the terminus of the roadway aut~uunfeire, cmm, doo Pagc S MAY.-04'OOITHU) 10:31 EAR~ASSOCIATES::: TEL:454097~ P. 006 11= 31 MRY 04. 2000 TEL N0 ~ (2~) 387-6391 9iC4til~ rri~t ~ r i 7 stating that, "THIS ROAD W1LL BE EXTENDED IIV TId.E FUTURE". Coordinate the sign plan for the stub street with District stag: 10. Locate Autumn Faire off Black Cat Road to align with Moon Lake Drive. l 1. Locate a public street off Black Cat Road approxnnately 850-feet north of the south property line. 12. Locate Clearwater Way to align with Talamore Boulevard. 13. Locate a public street off Ustick road as proposed approatimately 690-feet west of Black Cat Road. 14. Construct turnarounds at the tennini of Stella Court; Crossridge Street, Sagewood Circle and Julia Court. Provide a minimum of a 45-foot ~8 radius for the turnarounds. Submit a design of the iurnarounds far review and approval by District staff. 15. Construct center rum lanes on Black Cat Road for the three public street intersections. 'fhe turn lanes shall be constructed to provide a minimum of 100-feet of storage with shadow tapers for the appa~oach and departure directions. These tarn lanes shall be constructed prior to the issuance of any impact fee certificate in the subdivision. Coordinate the design of the turn lane with District staff. 16. Construct a center turn lane on Ustick Road far the proposed public street intersection. The turn lane shall be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. These turn lanes shall be constructed prior to the issuance of any impact fee certificate in the subdivision. Coordinate the design of the turn lane with District staff. 17. Utility street cuss in new 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. 18. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 19. Provide a none on the final plat stating that the 1.7-acre parcel located at the southwest corner of the Ustick Road Black Cat Road intersection will be allowed one right in/right out driveway on Black Cat Road and Ustick Road. 20. Odter than the access points specifically approved with this application, direct lot or parcel access to Ustick Road and Black Cat Road are prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. autumnfnire. cmcu. doc Page 6 ~' ' , ~ TEG :454091 P. 001 r rI~ ~~y ~ ' ~ ,~-11391 ~ +I~~c rr~t.. o~ ~ 1 f' ~ SSOU ~ ~~' ~ ~~ ~.~ EAR MAY. -04' OO I~~UI' -1 i ; 3z ~h e-s ~ . "'mac i ~i ;~~~` ~ herein shall • t or policy outlin 5tatid~~ Req~ments. uu~nea nest shall cation, vananco or W~andoDeVZ pment Supe~'sO writt~ a lanation of _ uesf for lriodi~ ACI'iD Plann~8 idei~ and ~pluae a ~ ~~ re ueKt A re9 to the cons !' I . ~ ~ fi, each re ui sent to be, estantial hardshi or ine W for A be made11° wn scheduled CHD d ion on 2. .the a the ~nuntss discussion ~~ use omitted ~ ~ y'•__ I b®iescn~•••,•.-- Those items shat Conntnission ac a ~~, ission action die ~ a able meeting g on the day scheduled for Comm ends and to the District atZef 9:00 a•m• ova the item from d1e consent aThpse items Bequests submitted a for pi~•ict staff to rem variance or waiver. dent tim catiO11' the Commission. ovide sum ~ , nested modifi do not pr ding die req ends by ort to the Commis~on regarss;on unless removed frO°° the ~ 's action be acted on by ~ COQ sideration of the Commission of the request for recon a,~~r within six days ission action, any veto ant Sup do shall After ACRD C°'~ . oast for reconsiders' entation of ~ made in vuritmg tO the Planning and De Pn' flan docu oast shau fee of 5110.00. The r on. The req e t to be recons' dared and in olnd~a decisi of die action and shall inelue~ mtt~um • ~ at th a of its ~ regular meeting , . d f 3. 4. 5. 6. 7 ci$call id ty a to ~e Comtru st ission at the ne o data that was not av~U ~ heard by the District Comm action, the applicant will be ttotlfie for reconsideration scion agrees to reconsider the raconsidetation will be heard. C,p~tission. If the Commi ission meeting at which t3ie accordance tune of the Comm m instruction lIi ce. the data and aired prior to build g t gee Ordinan livable road ~p~ ~ e~ ~~ty Ylighway District IL°ad ImP~ Payment of aP4 also ~ way District Policy with Ordinance #193, a Ada County I~~ ores and all shall ~ ~ accoadance with ~~m,,ction Services Proved and construction ved supplements, ineer teglstered in the All dealt SPWC Standards and apprO c~~ly waived herein. ~' ~ Manual, CfID pcdinances ut-less spa ant plans. applicable A all impro`~ t certify Ce of building perms State of Idaho shall ~p~e ~ oval, prior to issuan submit revised Plans for staff aPPr design changes. The appheanu~ p~i~)~ ~~ utcotporates any r~lu~ ~Ce with aU applicable (ot other req ant shall be w CO~Ora1°• royal for occupancY• ro developm or to Distract app Constructio , fig ~ C ~y HiP,h""ay ~smct ~ ht-of-way. stir utilities within the rig requireme a licant to verify all ~O g b the applicant at no cost to sr-bility at least fivo ontact It is die tesp~ of the PP licant shall ba repair y wa The app the aPP 1-800-342-1585) • Existing utilities damaged Y~ required to call DIGLINE ( want shall ACRD. The aPciorc ° ~ g l~o~ ~~ east ~y ACRD ~nduits (spare or filled) are business days P lions 387-6190 ui cAom~ ~ during any Phase of construction. are in writing of this approval shall be valid unless die~~o~ed terms and conditions ~w~orized reprasetimtive and an 8. No change~e b $ie applicant or the aPPhcaIIt s ~~,~gre.omm.doc and sign Pagc 7 MAY. -04' OO~THU) 10:33 EARL~SSOCIATES::: TEL:454091~ P. 008 i i ~ 32 rlHl' 04, 2000 T~ 14U ~ t 20B ~ 387-6391 ez4dci rh~t ` 7~ 7 representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the appliearrt to comply with all rules, regulations, ordinances, plans, or other regulatory acid legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its latent tb change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the Iaw is effect at the time the change in use is sought. Conclusion of Lawv: 1. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6174. Submitted b C fission Action: Plaanin~ and Development Staff autumnfsire.cmm.doc Rage 8 ~~~ ~iS fry. ~~ • cr ~ Preporing /~ O Today's ~ ~ Students fa N • Challenges. ~ Tomorrows o, n t S c h oo I District N o. 2 os 5'~0 Q~Fe91e. Mec1d`o~ 911 Meridian Street • Meridian, Idaho 83642 • (208) 888-6701 • Fax (208) 888-6700 SUPERINTENDENT Christine H. Donnell R~~~~ April 17, 2000 A~'R ~ i ~OOU CITE ~~' ~~~ City of Meridian 33 East Idaho Meridian, Idaho 83642 Dear Councilmen: Enclosed for your review is general information. relative to schools located in the proposed project area. If you have any questions, please contact Jim Carberry at 888-6701. Reference: Autumn Faire Subdivision Elementary School: Chaparral Elementary School Middle School: Meridian Middle School High School: Eagle High School Comments and/or Recommendations: Chaparral Elementary School is over capacity. Meridian Middle School is at capacity and will remain so until the fifth middle school comes on line in the fall of 2000. Eagle High School is at ca~acity_, ._,_ _ We can predict that these homes, when completed, will house seventy-three (73) elementary aged children, sixty-one middle school aged children, and seventy-six (76) high school aged students. Sincerely, Jim Carberry,, Administrator of Support Services BOARD OF TRUSTEES Diane Anderson • Rex Harrison • Wally Hedrick • Holly Houfburg • David Wynkoop ;I~,,r~1r~ ,1'~op~~ of Ir(aho ~-~ ~E TAx COMMISSION . H~„e. i~ s~~z~ RIXI Park Blvd.. Plain IV July 11, 2001 G'" William G. Berg, Jr. Meridian City Clerk 33 East Idaho Avenue Meridian, ID 83642 Subject: Ordinance Nos. 01-900', 01-913, 01-914, and 01-915 c~~V~~ ~~ CIS ~F ~,~gID ~~ Dear Mr. Berg: daho State Tax Commission has reviewed and processed the following action(s): The I Ordinance Nos. 01-900, 01-913, 01-914, and 01-915 hen this action has been completed, any changes dictated p~ this action(s) will appear,. W ,:~,>, on the year 2002 tax code area maps. Sincerely, , C O Craig Johnson GIS Analyst Technical Suppo~ Bureau CC: County Assessor County Clerk Equn! Oppnrniniry Ernplm~er Hearing Impaired Callers TDD L-S00-377-35?y Will Berg From: Brad Hawkins-Clark [hawkinsbQ~meridiancity.org] Bent: Tuesday, February 17, 200411:59 AM To: 'Jessica Johnson ; greent~d.merksian.id.us; roblesJ~meridiandty.org Cc: bergw~ci.meridian.id.us Subject: Dean Langley Consent Agreement Clerk's tNfice, Could someone please check on whether City Coundl ailed on an item bads in 2001? The item is called a "Development and Consent to Annexation Agreements between Dean Langley and the City of Meridian. it would probably be under Langley's name. It's assodated with the Autumn Faire subdivision, but was not annexed with Autumn Faire and should be under Langley's own name. Bill Nichols received a request from Dean in August 2001 to place the agreement on City Council's agenda. However, P8Z has no record of this agreement ever being acted on. Thank youl Brad Hawkins-Clark Will Berg From: Brad Hawkins-Clark [hawklnsb~meridiancity.org] Sent: Tuesday, March 22, 2005 9:28 AM To: 'BiN Nary ; 'T~ Biro' Cc: canninga~d.meridian.id.us; ~rgry~d.rrreridian.id.us Subject: RE: Langley DA QuesBon O.K. I will place this matter back into the hands of the Langley's and their broker. If they want to seek clarification of the intent, I will leave it up to them to contact Will Berg to be placed on a CC agenda. Thanks for the input, Bill. Brad -----Original Message----- From: BiN Nary [maNeo:naryb~mer'idiancity.org] Seirt: Monday, March 21, 2005 2:24 PM To: 'Brad Hawkins-Clark'; Bill Nary; Ted Baird Cc: canninga~ci.meridian.id.us Sub~Ct: RE: Langley DA Question Intent may make the most sense, but if the language says "any type of building permit" I would recommend holding fast to "any." It may make the most sense to seek clarification if you would like, but since the City would likely not have granted an outparcel by the same owner today I don't think that the City Council would simply change the intent, but you could ask. Bill Nary City Attorney/HR Director City ofMeridtan 33 E. Idaho Meridiary ID 83642 208.888.4433 ----Original Message----- From: Brad Hawkins-Clark [maNtA:hawkinsb~meridiancitY.org] S®nt: Monday, March 21, 200512:21 PM To: BiH Nary; Ted Baird Cc: canninga(~ci.meridian.id.us Subie~:tt: Langley DA Question Bill and Ted, In 2001, the City entered into a "Development and Consent to Annexation Agreement" with Dean and Julia Langley (Inst. #101092115 -recorded 9-6-01). This agreement was assodated with the Autumn FairelTrida's Sub annexation and plat The Langley's own the 1-acre outparcel at the southwest comer of Black Cat and Ustddc -which was left out of the Autumn Faire annexation. Para. 5.2.3 of this agreement states that connection to City water and sewer shall not be required until: "Property owner or agent appNes for any type of building permit to alter existing improvements or construct new ones." This property is now being marketed by Holland Realty and the broker (Paul Hudson) is getting inquiries about what this actually means. I told him 1 would prepare a memo to clarify the city's 4/6/2005 Page 2 of 2 interpretation of Para. 5.2.3 that he can give to prospectlve buyers. But I wanted to get your opinions before doing so. My interpretation of this is that the building penrits do not apply to internal remodel or accessory bui~ings. Its goal is to prevent any substantial change to the property white it remains in Ada County. fn other words, someone could buy ~e property and apply to Ada County for a permit to build a shed or put a new awning on the house without being forced to annex. However, if they want to expand the house or build a large accessory structure, it would kids-in this clause. d think Ada County uses 900 sq. ft. as their threshold for accessory structures -which would be the easiest to track. Can I issue such a memo or do you think it shoukd go before the CC for their approval? Thanks, Brad H-C. RECEIVED March 29, 2005 RECEIVED MAR 2 9 2~5 City of Meridian City Clerk Office To: Meridian City Council Fr: Dean & Julia Langley Re: Development Agreement #AZ-00-009 Request for Clarification & Permission MAR 2 9 2005 City of Meridian City Clerk Office On August 3, 2001, we entered into a development agreement with the City of Meridian at the request of the City Council. This was a condition of approval for the Autumn Faire development that was subsequently approved by the council. Specifically, this development agreement pertained to property adjacent to, but not included in the Autumn Faire development (refer to attachment). Up to the present time, we have retained ownership of and have utilized as our residence this 2.07 acres located on the Southwest comer of the intersection of Ustick and Black Cat roads that has not yet been annexed into the city of Meridian. Due to family plans to relocate, we have listed this property for sale. As we provide information to potential buyers, they are asking pertinent questions about the type of use and/or development that the City will allow based on several key quidelines contained in the Development Agreement. These key guidelines are contained in the Agreement on pages 3 - 4 under section number 5 (CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY. More specifically, they are: S. 1 The existing uses shall continue as nonconforming uses. 5.2 Additionally, that connection to City water and sewer shall not be required until one of the following occur: 5.2.3 Property owner or agent applies for any type of building permit to alter existing improvements or construct new ones. Therefore, we are asking, based on the above existing stipulations, for permission from the City regarding: 1. Possible remodeling of the existing 3185 N. Black Cat residence and garage as desired by the owner/agent, subject to City P&Z staff approval. 2. In addition to the existing or remodeled house and garage at 3185 N. Black Cat, to be allowed to potentially construct an additional out building of up to 900 square feet for personal use by the owner/agent, subject to City P&Z staffapproval. ExH~Bi 7~~AA ~ A PARY OF THE NE 1/4 ,SZCTION 4, TQUYN9iIP 3 tJORl'H, RANGE i WEST, QQISc MER101AN, AOA COUNTY. {OAHO ~ ~, ** TX CONFIRMATION REPORT ** AS OF MAR 29 '05 13 41 PAGE.01 CITY OF MERIDIAN 02 DATE TIME TO/FROM 03/29 13 41 P-AND-Z f1'lfn March 29, 2005 MODE MIN/SEC PGS CMDq STATUS EC--S 00'28" 001 149 OK To: Meridian City Council Fr: Dean & Julia Langley Re: Developmem Agieemer~t #AZ-00-009 Request for Clarification & Permission ~~ i~ ~„,a C. On August 3, 2001, we entered into a development agreement with the City of Meridian at the request of the City Council. This was a condition of approval for the Autumn Faire development that was subsequently approved by the council. Specifically, this development agreement pertained to pmpetty adjacent to, but not included in the Autumn Faire development (refer to attachment). Up to the present time, we have retained ownership of and have utilizes as our residence this 2.07 acres located on the Southwest corner of the intersection of Ustick and Black Cat roads that has not yet been annexed into the city of Meridian. Due to family plans to relocate, we have listed this property for sale. As we provide information to potential buyers, they are asking pertinent questions about the type of use and/or development that the City will allow based on severe! key quidelines contained in the Development Agreement. These key guidelines are contained in the Agreement on pages 3 - 4 under section number 5 (CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY. More specifically, they are: 5. 1 The existing uses shall continue as nonconforming uses. 5.2 Additionally, that connection to City water and sewer shall not be required until one of the following occur: 5.2.3 Property owner or agent applies for airy type of building permit to alter existing improvemems or construct new ones. Therefore, we are asking, based on the above existing stipulations, for permission fxom the City regarding: 1. Possible remodeling of the existing 3185 N. Black Cat residence and garage as desired by the owner/agent, subject to City PBtZ staff approval. 2. In addition to the existing ar remodeled house and garage at 3185 N. Black Cat, to be allowed to potentially construct an additional out building of up to 900 square feet for personal use by the owner/agent, subject to City PBcZ staff approval. March 29, 2005 To: Will Berg Fr: Dead Langley~~~ _ - Re: Enclosed draft for your review Request for clarification & permission -Development Agreement #AZ-00-009 I've enclosed a draft document that I need your assessment and opinion about. This comes about from a recent inquiry with PBtZ staff and resulting opinion by the city attourney. The P&Z staff then suggested that I contact you about possibly requesting a clarification/permission from City Council. I will call you to discuss this further. Thank you for your help. NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Layvs of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho at the hour of 7:00 p.m. on May 9, 2000 for the purpose of reviewing and considering the application of Gem Star Properties, LLC for annexation and zoning of 78.4 acres from RT to R-4 for proposed Autumn Faire Subdivision. Furthermore, the application requests preliminary plat approval for proposed Autumn Faire Subdivision located on the southwest corner of Black Cat and Ustick Roads. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 13th day of April, 2000. ~ ®R~ .WILLIAM G. BERG, JR , CI Y CLERK s~~~ -- ~~~ ~ PUBLISH April 21 & Ma~jF~ ~ ~'~ ~ ~~~`,,~'~~\ '~.~ Utz ~ , .~ ~~ldtrtl;194i141~~~~ ~({~ k - W bG -DDS CITY CLERK FILE CHECKLIS Project Name: Autumn Faire Subdivision File No. AZ 00-009 Date Received from Planning and Zoning Department: Planning and Zoning Level: 0 0 Notes: Transmittals to agencies and others: Notice to newspaper with publish dates: Certifieds to property owners: Hearing Date: May 9, 2000 April 10, 2000 21-Apr-00 and 5-May-00 Planning and Zoning Commission Recommendation City Council Level: Transmittals to agencies and. others: ^ Notice to newspaper v~ith publish dates Certifieds to property owners: City Council Action: ^X Approve ^ Deny Hearing Date: June 6, 2000 n/a 19-May-00 and 2-Jun-00 may 22, ?,~0 ^ Approve Q` Deny ^ Findings /Conclusions /Order race' d f Notes: (ve corn attorney on: Findings /Conclusions /Order: ^ Approved by Council: ^ Copies Disbursed: ^ Findings Recorded Development Agreement: ^ Sent for signatures: ^ Signed by all parties: ^ Approved by Council: ^ Recorded: ^ Copies Disbursed: Ordinance No. Resolution No. ^ Approved by Council: ^ Recorded: ~ead~tne: ~o days ^ Published in newspaper: ^ Copies Disbursed: Resolutions: Original Res /Copy Cert: Minutebook Copy Res /Copy Cert: City Clerk City Engineer City Planner City Attorney Sterling Codifiers Project File Copy Res /Original Cert: Ada County (CPAs) Applicant (non-CPAs) Recorded Ordinances: Original: Minutebook copies to: city clerk State Tax Comm. Sterling Cod'rfiers City Attorney City Engineer City Planner Project file Applicant (if eppl.) Findings /Orders; Original: Minutebook Copies to: Applicant Project file City Engineer City Planner City Attorney "Record Vacatlon Findings " Recorded Development Agreements: Original: Fireproof file Copies to:Applicant Project file City Engineer City Planner City Attorney The Idaho Statesman °f l~~er~dian P.O. BOX 40, BOISE, IDAHO 83707-0040 ~~il,~ ~' 1 ti '^" f LEGAL ADVERTISING INV04C~,~~~~.~i:~~ ~~ Uer dun 54.84 064514 233509 AUTUMN FAIRE Ordered By P.O. Number Rata Run Dates LINDA KESTING NT APRIL 21, MAY 5, 2000 CITY O F M E R I D I A N eatlmated l"thee Real Inches 33 E. IDAHO AVE 36 LINES MERIDIAN, I D 83642-2631 x anldavlts Legal Number 6959 LEGAL NOTICE PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the ordinances of the city of Meridian and the Laws of the State of Idaho, That JANICE HILDRETH ,being duly The Planning and Zoning Commission of The City of Meridian will hold a public sworn, deposes and sa s: That she is the Principal Clerk of The y hearing at the Meridian Clty Hall, 33 EasT Idaho Street, Meridian, Idaho at me hoar Idaho Statesman, a daily newspaper printed and published at Boise of 7:00 p.m. on May 9, 2000 for the pur- ', id l -th i i d f , Ada County, State of Idaho, and havin a g general circulation ther i cons er e , rev ew ng an n9 pose o application of Gem Star Properties, LLC for annexation and zoning of ~a 4 acres e n and which said newspaper has been continuously and uninterruptedl . from RT to R-4 for proposed Autumn ~ y P ty g p ublished in said Coun Burin a eriod of twelve consecutive Faire Subdivision. Furthermore, the. application requests I p months rlor to the first publication of the notice, a copy of which is preliminary plat approval for proposed Autumn Faire Subdivision located on the attached hereto; that said notice was published in The Idaho southwest corner of slack car and ustick Roads. Statesman in conformity with Section 60-108, Idaho Code as A more particular description of the amended, for TWO above property is on file in the Clty Clerk's office at Meridian City Hall, 33 East Idaho and is available for inspection Bur- Street ^ consecutive week) y ^ Sin le , ing regular business hours. A copy of the application is available I g ^ consecutive Bail x y ^ odd skip upon request. Any and all interested per- InSeftlOn~S) beginning Wlth the ISSUe Of sons shall be heard at said public. hearing and the public is welcome and invited to submit testimony. APRIL 21 2000 DATED this 13th day of April, 2000 ' and ending with the Issue of WILLIAM G. BERG, JR., CITY CLERK MAYrJ Pub. Apr. 21, May S, 2000. 6959 2000 STATE OF IDAHO ) ss. COUNTY OF ADA a,~•'~°°~u ~~ Y,~ On this 5TH day of MAY in the year of d1 °° ~+ 2000 ,before me, a Notary Public, personally appeared •~.~- % JANICE HILDRETH known or identified =' a `,~q(ld * to me to be the person whose name subscribed to the within instrument, ~ ~.~ } > and being by me first duly sworn, declared that the statements therein `p ,~ ~Y X ~~ y0 ~2' are true, and acknowledged to me that she executed the same. • ti ''~r1~ '^~y4 ~~'••~ Notary Public or daho "°'p~~~ Residing at: Boise, Idaho My commission expires: ~~ L~ ~ ~~~~ ~ CENTRAL CEN •• DISTRICT ~R'HEALTH DEPARTMENT Rezone # Conditional Use # Preliminary /Final /Short Plat City of Meridian IY ~ . ~. _ Return to: ^ Boise ^ Eagle Garden City Meridian Kuna ^ Acz I. We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ waste flow characteristics ^ or bedrock from original grade ^ other ^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ^ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 10. Run-off is not to create a mosquito breeding problem. ^ I I. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 13. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ^ 14. DISTRICT HEALTH DEPARTMENT Environmental Health Division R,EC~I~~ Date: ~/~/dd Reviewed By: ~s~. /~~1 CDND 10191 rcb, m. 7/91 Review Sheet SUBL~'ISION EVALUATION SET Proposed Development Name Autumn Faire and/or Langley Park Subdivision File # PP-00-09 Date Reviewed 4/18/00 Preliminary Stage XX Final Engineer/Developer Gem Star Properties LLC 228E Plaza PMB-207 Eagle 83616 The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. -The following streets are existing and the names shall appear on the plat _ "W. USTICK RD." and "N. BLACK CAT RD " The following street names are approved for use in this development "W. HARVEST STREET" "W. SAGEWOOD DRNE and COURT" "N JULIA PLACE" "N. WILLOWSIDE WAY" "W. AUTUMN FAIRE DRNE" "N. DAYSIDE WAY" "W. McNEALY DRIVE" "SWEETWOOD WAY" "N EVENIN SIDE WAY" "N. VALLEY GREEN WAY" and "W. CROSSDIDGE AVENUE and COURT" -.(Note the bold print indicates a correction) The following street names are denied as duplications "COBBLESTONE" "STELLA" and "CLEARWATER" Please choose three new street names The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, AGENCY REPRESENTATNES OR DESIGNEES Ada County Engineer John Priester Date Community Planning Assoc. Sue Hans City of Meridian Meridian Fire District Cheryl Sa Represent Date ~~~ Date y~-Zo-azJ Date ~ 2 `!~ a y NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be si®ned 1111 Sub Index Street Index Section NUMBERING OF LOTS AND BLOCKS TRISUBS4SM CITY.FRM • • NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on June 6, 2000, for the purpose of reviewing and considering the application of Gem Star Properties, LLC, for annexation and zoning of 100.909 acres from RT to R-4 for proposed Autumn Faire Subdivision; Furthermore, the applicant requests preliminary plat approval for proposed Autumn Faire Subdivision on 78.4 acres with 263 building lots and 12 other lots in a proposed R-4 zone. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 15th day of May, 2000 ~~~~~ WILLIAM G. BERG, ., CITY CLERK PUBLISH May 19th and June 2"~, 2000 ,tl`~~-i111iil111ff//I ~~ ~. ~~~ ~• o w 1~]~AL - wAr ~ 9~s ~~ *M ~,~ T t~ , .,,~` ~ A~y\ P