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HomeMy WebLinkAbout2007-02-13r~l ease ` ~k ~ ~~ aJ man ~ ~ I _~ C11'Y OF - _ ~~ ~rr~- IDAHO ~~ s ~,~ kT~ ~ Txens~ECe V.~'~ i~~a CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, February 93, 2007 at 7:00 p.m. Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 9. Roll-call Attendance: David Zaremba Joe Borton .~. Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Joe Anderson with Cole Community Church: 4. Adoption of the Agenda; 5. Recognition of Jerry Knox with Meridian Senior Center: 6. Proclamation for FFA Week: 7. Consent Agenda: A. Approve Minutes of December 12, 2006 City Council Regular Meeting: B. Approve Minutes of January 8, 2007 City Council Special Joint Meeting: C. Approve Minutes of January 9, 2007 Pre-Council Meeting: D. Approve Minutes of January 9, 2007 City Council Regular Meeting: Meridian City Council Meeting Agenda -February 13, 2007 Page 1 of 4 All materials presented at public meetings shah become property of the City of Meridian. Anyone desiring accommodation for disab'lities related to documents andlor hearing, please contact the City Clerk's Of19ce at 888-4433 at least 48 hours prior to the public meeting. • E. ®avelopment Agreement: AZ 06-060 Request for Annexation and Zoning of 4.92 acres from RUT to C-G zone for Ada Coun#v Hlghway Dtstrlct Ustlck Rc>oad Proc'ertv by the Ada County Highvray District - 3595 East Ustick Road: E. ®avelopment Agreement: AZ 06-032 Request for Annexation and Zoning of 29.31 acres from RUT to an R-8 zone for Tri~lt Subdivision by Conger Management Group -south side of Chinden Boulevard and east of Black Cat Road: G. Addendum to ®avelopment Agreement: M1 06-010 Request fior a Miscellaneous application to modify the ®xisting Development Agreement to include the property located at 6745 North Black Cat Road for The Tree farm by Treehaven, LLC - 6745 North Black Cat Road & MI 06-011 Request for a Miscellaneous application to amend the previously approves! Development Agreement by including a provision to permit the installation of a double wide mobile office on the property at 4740 W. Chinden Boulevard for `The. 'Tree f=arm A,~ nnexatlon by Treehaven, LLC -north sid® of Chinden Boulevard on both sides of Black Cat Road: H. Water Main Easement Agreement for High ®esert Harley ®a J. A~e'ove Task ®rder Wo 3 for H®R Engineerin4. Inc, for IS®E oversight and review at a Time and Material basis not to exceed $5,000.00: 6. ®epaal~nent Reports: 9. Items Moved from Consent Agenda: 1®. Request f®r ~Valver of Eees for Aa®eal Agplication re~ardlna Caruort Structpre by Judy ICe11eY: 11. Continued Public Hearing from February 6, 2007: AZ 06-045 Request for Annexation and Zoning of 7.556 acres from RUT to an R-4 zone for Eastwood Subdi~v ,si®n by Wirt Edmonds -4515 South Locust Grove Road: Meridian City Counal Meeting Agenda -February 13, 2007 Page 2 of 4 All ma#erials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disab~'lities related to documents and0or hearing, please contact the City Clerk's office at 888-4433 at least 48 hours prior to the public meeting. 12. Continued Public Hearing from February 6, 2007: PP 06-047 Request for Preliminary Plat approval of 24 single-family residential lots ,and 3 common lots on 7.556 acres in a proposed R-4 zone for Eastwood Subdivision by Wirt Edmonds - 4515 South Locust Grove Road: 13. Public Hearing: PP 06-063 Request for Preliminary Plat approval for 14 building lots on 18.7 acres within the C-G zone for CentrePointe Subdivision No. 2 IiNorth~ by W.H. Moore Company - NWC of Ustick and Eagle Roads: 14. Public Hearing: RZ 06-012 Request for a Rezone of 1.69 acres from an R-4 to a C-C zone for Chernr Linder Rezone by Darren Blaser -- 1440, 1516 and 1528 W. Chevy Lane: 15. Public Hearing: AZ 06-060 Request for Annexation and Zoning of 5.01 Acres from RUT to R-8 & R-15 zones for Arch Rock Subdivision by CTD Development -South of McMillan Road and East of Linder Road.: 16. Public Hearing: PP 06-061 Request for Preliminary Plat approval of 18 single-family residential lots and 2 common lots on 3.73 acres in the proposed R-8 zone and 8 single family residential lots and 1 common lot on 1.02 acres in the proposed R-15 zone for Arch Rock Subdivision by CTD Development -South of McMillian Road and East of Linder Road: 17. Public Hearing: MI 07-001 Request for a Miscellaneous application to Modify the existing Development Agreement to allow all C-N permitted uses on lots 5, 6, 7 & 8, Block 25 of Cedar Springs Subdivision No. 6 for Cedar S~srinas Professional Center by Lynn Brown - 710, 730, 750 & 790 West Ustick Road: 16. Public Hearing: AZ 06-054 Request for Annexation and Zoning of 2.40 acres from R1 zone to an L-O zone for Woodland Sprinas Professional Park by Morgan Development, Inc. -1630 E. McMillan Road: 18. Ordinance No. AZ 06-032 Request for Annexation and Zoning of 29.31 acres from RUT to an R-8 zone for Triloay Subdivision by Conger Management Group -south side of Chinden Boulevard and east of Black Cat Road: 20. ®rdinance No. AZ 05-060 Request for Annexation and Zoning of 4.92 acres from RUT to C-G zone for Ada Coin tY Hlcahwav Dlstrl~ck Road Properly by the Ada County Highway District - 3595 East Ustick Road: Meridian City Council Meeting Agenda -February 13, 2007 Page 3 of 4 All materials presented at public meetings shall become property ofthe Ciiy of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~r 21. Ordinance No. Annexation and Zoning of 4.F Farm Addition by Treehaven, ~ _J AZ 06.050 Request 4 acres from RR to an R-8 zone for LLC - 6745 North Black Cat Road: for Try 22. EJCe~cutive Session per Idaho Stat® Code 67-2345(1)(c) - {to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency) ~ (fl - (to consider and advise its legal representatives in pending litigation}: Meridian City Counal Meeting Agenda -February 13, 2007 Page 4 of 4 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents andlor hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours priorto the public meeting. "~ e•~ CITY OF ~"~k~ 3>~.I - . _ - --:. ~ ~~ er~~lcn ~~ ~~ IIJAHO ,y~ i ~~fi ~`~',' r~s TrtE,.,1 aE v.w~'~ i~~a CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, February 13, 2007 at 7:00 p.m. "Although the Ciiy of Meridian no longer requires swrom testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the abilify of the presenter." 1. Roll-call Attendance: _ C~ David Zaremba _ c~ Joe Borton ~_ Charlie Rountree ____~c,_ Keith Bird k Mayor Tammy de Weerd 2. Pledge of Allegiance: fir, C~ ~'~.. ~ ~~C ~~~ 3. Community Invocation by Joe Anderson with Cole Community Church: /~~~.fcoc. 4. Adoption of the Agenda: ~~ vw 5. Recognition of Jerry Knox with Meridian Senior Center: ~}r~,~~,,,~c~ 6. Proclamation for FFA Week: /-~aaL ~ ~ r..~,afioL 7. Consent Agenda: G~(~~.,.1lt.~-~ A. Approve Minutes of December 12, 2006 City Council Regular Meeting: e~. ~,,~-- B. Approve Minutes of January 8, 2007 City Council Speaal Joint Meeting: ~~~ti,.c. C. Approve Minutes of January 8, 2007 Pre-Council Meeting: ~''I~.,,`~.~ D. Approve Minutes of January 9, 2007 City Council Regular Meeting: ~yMV~- Meridian City Counal Meeting Agenda -February 13, 2007 Page 1 of 4 All materials presented at public meetings shah become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours poor to the public meeting. ~ ~ E. Development Agreement: AZ 05-060 Request for Annexation and Zoning of 4.92 acres from RUT to C-G zone for Ada County Hl~ahwav District Ustlck Road Property by the Ada County Highway District - 3595 East Ustick Road: ~!~ ,,.~ F. Development Agreement: AZ 06-032 Request for Annexation and Zoning of 29.31 acres from RUT to an R-8 zone far T~ Subdivision by Conger Management Group -south side of Chinden Boulevard and east of Black Cat Road: q~,~,,,o,~ G. Addendum to Development Agreement: Mi 06-010 Request for a Miscellaneous application to modify the existing Development Agreement to include the property located at 6745 North Black Cat Road for The Tree Farm by Treehaven, LLC - 6745 North Black Cat Road & MI 06-011 Request for a Miscellaneous application to amend the previously approved Development Agreement by including a provision to permit the installation of a double wide mobile office on the property at 4740 VV. Chinden Boulevard for The Tree Farm Annexation by Treehaven, LLC -north side of Chinden Boulevard on both sides of Black Cat Road: ~~~,,,.~. H. Water Main Easement Aa~ement ffor Hi4h Desert Harley D vi son: !&~,,.o we I. Memorandum of Agreement and Assurances for the F1f07 Ce~ .Local Government Gent Documents: a~•~,,,,,,,,r,.. J. Approve Task Order No. 3 for HDR Enraineerin~a. Inc for ISDE oversight and review at a Time and Material basis not to exceed $5,000.00: ~,~ ~ 8. Department Reports: -- ~-n~ 9. Items Moved from Consent Agenda: - w~r•~- 10. Request for Waiver of Fees for Appeal Application reaar~tin~ rt Stnrcture by Judy Kelley: ~,~,,~ ~~.~ 11. Continued Public Hearing from February 6, 2007: AZ 06-04.5 Request for Annexation and Zoning of 7.556 acres from RUT to an R-4 zone for Eastwood Subdivision by ~rt Edmonds - 4515 South Locust Grave Road: ~~~ t ol.~ -fir a~;~rrxav~ ~~~~ Meridian City Counal Meeting Agenda -February 13, 2087 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, phase contact the City Clerk's office at 888-4433 at least 48 hours prior to the public meeting. ~ w 12. Continued Public Hearing from February 6, 2007: PP 06-047 Request for Preliminary Plat approval of 24 single-family residential lots and 3 common lots on 7.556 acres in a proposed R-4 zone for Eastwood Subdivision by vVirt Edmonds -4515 South Locust Grove Road: /a~e/~ a.t ~~~ 4 G/.e ~r~-- arum va-~ 13. Public Hearing: PP 06-063 Request for Preliminary Plat approval for 14 building lots on 18.7 acres within the C-G zone for CentrePointe Subd4vision No. 2 (Northl by W.H. Moore Company - NWC of Ustick end Eagle Roads: ~f,~,C~F iP o~.-C ~ ay~.m~,~ 14. Public Hearing: RZ 06-012 Request for a Rezone of 1.69 acres from an R-4 to a C-C zone for Cherry Linder Rezone by Darren Blaser - 1440, 1516 and 1528 W. Chevy Lane: ~,.,~~,a,,,~ ,G~~ ~~/e ~ ~~z~va-~ 15. Public Hearing: AZ 06-060 Request for Annexation and Zoning of 5.01 Acres from RUT to R-8 & R-15 zones for Arch Rock Subdivision by CTD Development -South of McMillan Road and East of Linder Road.: 16. Public Hearing: PP 06-061 Request for Preliminary Plat approval of 18 single-family residential lots and 2 common lots on 3.73 acres in the proposed R-8 zone and 8 single family residential lots and 1 common tot on 1.02 acres in the proposed R-15 zone for Arch Rock Subdivision by CTD Development -South of McMillian Road and East of Linder Road: 17. Public Hearing: MI 07-001 Reques# for a Miscellaneous application to Modify the existing Development Agreement to allow all C-N permitted uses on lots 5, 6, 7 & 8, Block 25 of Cedar Springs Subdivision No. 6 for Cedar Sprinals Professional Center by Lynn Brown - 710, 730, 750 & 790 West Ustick Road: ~.~ f. ~ ~~ ~ Z - Z o -0 7 18. Public Hearing: AZ 06-054 Request for Annexation and Zoning of 2.40 acres from R1 zone to an L-O zone for (Woodland Sprinas Professional Park by Morgan Development, Inc. -1630 E. McMillan Road: 19. Ordinance No. 0 7 - ! Z~l 6 AZ 06-032 Request for Annexation and Zoning of 29.31 acres from RUT to an R-8 zone for Triloav Subdivision by Conger Management Group -south side of Chinden Boulevard and east of Bfack Cat Road: 20. Ordinance No. ~ ~ _ ~ Z ~' 7 AZ OS-060 Request for Annexation and Zoning of 4.92 acres from RUT to C-G zone for Ada Coul Hkahwav Dlstri~ck Road Properly by the Ada County Highway District -3595 East Ustick Road: ~~,~",,,~ Meridian City Counal Meeting Agenda -February 13, 2007 rage 3 of 4 AI! materials presented at public meetings shall become properly of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office et 888-4433 at least 48 hours prior to the public meeting. ~ ~ 21. Ordinance No. ~ ~ _ ~ Z ~ 8 AZ 06-050 Request for Annexation and Zoning of 4.64 acres from RR to an R-8 zone for Tree Farm Addition by Treehaven, LLC - 6745 North Btack Cat Road: ~~'~''~'°,.,~ 22. Executive Session per Idaho State Code 67~2345(1)(c) - (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency) ~ (f) - (to consider and advise its legal representatives in pending litigation): d~3c~sk~ ~d~ ~d ~ ~~ Meridian City Counal Meeting Agenda -February 13, 20Q7 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring acxAmmodation for disabilities related to documents and/or hearing, please contact the City Clerk's office at 888-4433 at least 48 hours prior to the public meeting. ~ ~ Meridian Citv Council Meeting February 13, 2007 A meeting of the Meridian City Council was called to order at 7:10 P.M., Tuesday, February 13, 2007, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Joe, Borton, Keith Bird, Charlie Rountree and David Zaremba. Others Present: Bill Nary, Will Berg, Caleb Hood, Len Grady, Gene Trakel, Ron Anderson, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Charlie Rountree X X Joe Borton X Keith Bird Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and get tonight's meeting started. Welcome to you all. It is Tuesday, February 13th. It's ten minutes after 7:00. We will start tonight's meeting with roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance: De Weerd: Item No. 2 is the pledge of allegiance. It's been a tradition of this Council to ask the youth in our chambers to lead us in the pledge. Well, tonight we are going to be led by the Meridian Senior Center board members. So, if you will, please, come forward and all rise and join us in the pledge. (Pledge of allegiance recited.) De Weerd: And I would also like the board -- if you will stay up here for a moment. Also one of the traditions is we give them a City of Meridian pin for leading us in the pledge. So, I would like to present that to each of you. Thank you. I didn't think you wanted pencils. It's very nice having you here with us tonight. Item 3: Community Invocation by Joe Anderson with Cole Community Church: De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Joe Anderson. He is with the Cole Community Church. If you will all join us in the community invocation or take this as an opportunity for a moment of silence. J. Anderson: Let's pray. Lord God, creator of our spirits and the universe we live in, sustainer of life and the giver of all good gifts, we pray to you today for our many blessings, our family, friends, and neighbors who encourage us and lift us up, the Meridian City Council February 13, 2007 Page 2 of 47 provisions of food, refuge and safety, our health, which we can never take for granted and the opportunity to gather today in your presence and conduct the affairs of this great city of Meridian. May we please you with our just and loving actions. Give us wisdom from heaven to understand that which is best. Teach us humility, mercy, meekness and sympathy towards our fellow man. Make us into people of pure motives, peacemakers. Psalm 46:1-2 says: God is our refuge and our strength, an ever present help in time of trouble. Therefore, we will not fear. Give this protection and strength to our men and women in the military, our police officers, and firefighters who protect our freedom and our lives. Bless them good. Be with our Mayor Tammy de Weerd, our City Council members and officials, and our citizens this evening. Clear our minds, shape thoughts, and fill our hearts with justice and concern for our neighbors. Proverbs 16:9 says: In his heart a man plans his course, but the Lord determines his steps. Amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, Joe. We appreciate you being here with us tonight. Okay. Item No. 4 is adoption of the agenda. Bird: Madam President? Or Madam Mayor. I'm song. De Weerd: Mr. Bird. Mr. What's Your Name? Bird: I would move that we approve the agenda with these -- with one exception, which we will get to when we get there. Item 17 has been asked by the applicant to be continued to February 20th, 2007. Items 19, 20 and 21 are ordinances 07-1296, 07- 1297, and 07-1298. With that I move we approve the agenda as noted. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the agenda as noted. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Recognition of Jerry Knox with Meridian Senior Center: De Weerd: Council, Item No. 5 is recognition of Jerry Knox. He's retiring as a board member and longstanding president of the Meridian Senior Center and I have some facts and figures here. So, Jerry, if we are not wrong we will blame Shelly. If they are glowing and you feel very special, then, they are all mine. Jerry Knox is our outgoing president of the Meridian Senior Center and he's 81 years young. I have had the opportunity when I was their advisor on the board in serving with both Jerry and his wife Norma and feel very privileged to have been there. Now, I would say there was never a dull moment at those meetings. They kept me on my toes and they certainly gave me things to do. Jerry has been married for 57 years to Norma, who also is a board Meridian City Council February 13, 2007 Page 3 of 47 member, and I think she continues to serve. He's served as president for the Meridian Senior Center for eight terms. Projects that he has helped to make happen is the carpet being replaced. Wheelchair accessible ramps. A grant to buy their bus. And there has been many projects that I think are just too numerous to list off. Cindy Hill, the coordinator at the senior center, describes him as the go-to guy and that certainly is. I think Jerry rarely missed a meeting where he read the announcements. He was kind of the MC of every luncheon. I think that they probably spent more than three hours a day at the senior center. They got -- they went and got food from the local grocery stores to provide to set out for the seniors to pick up. They were always doing something. I know they were very integral in the bingo -- the weekly bingo and I remember those conversations and discussions quite vividly. I think I still dream about them. Jerry will help -- continue at the senior center in recruiting seniors and letting people know what a good place it is to go and Norma will continue to remain on the board. And the new president is also with us tonight, Ken Altig. What I would like is if Jerry could join me up front, I will present a plaque. And, Jerry, you know, I really appreciated serving with you and consider you a friend and I appreciate the service that you have given to the senior center and to our community and this is a certificate of recognition presented to Jerry Knox in recognition of your personal investment of time and talent to make a positive difference in the lives of Meridian seniors. Your tireless work and leadership on behalf of the Meridian Senior Center is greatly appreciated and sets a shining example of care for us all. Thank you so much for your service. Knox: Thank you. De Weerd: We also have this tabbed folio for -- you know, I didn't dare give it to you while you were president. He'd fill it with orders and work and I knew Cindy would, then, be my enemy. But now that you're done I give this to you for you to write your memoirs and -- Knox: I'll have to call on her. She's my boss. De Weerd: Your travel excursions. And, again, our eternal gratitude. If you would like to say a few words certainly would -- you would have to say them in here, because we definitely want them on public record. Knox: Well, in that case I will say something. I really appreciate this. It's -- I had no idea. And I really do appreciate it and as you say, I will continue to work with the seniors. It is nice, though, to let somebody else do it and I said for a long time we need more blood down there. New blood. Mine's getting old. So, anytime you hit the 80s you better start looking for somebody else. So, that's -- but all in all, though, I have enjoyed all the work I have done with you and I appreciate it. And so it's -- I'll still be around I hope for another 15 years. De Weerd: We are counting on it. Okay. I will give you that now. Borton: Madam Mayor? Meridian City Council February 13, 2007 Page 4 of 47 De Weerd: Yes, Mr. Borton. Borton: If I could add briefly to your remarks is we sit up here and it's particularly telling on the City Council when you're trying to make decisions and balance competing interests. I have known Jerry and Norma for many years over at the senior center in a variety of capacities on the board, through your president leadership and one of the things that -- the traits that you have which very few, if any, have like you is your ability to call it like it is. You are always extremely frank and consistent with whatever your decisions are. You do not waiver if it's an unpopular decision, but it's right for the center, you always make it and at the time it might not be a popular decision and I have seen you make things that -- make decisions that people might question and it turns out good for the senior center. I have seen it years -- years and years and I think Norma knows you best more than anyone, that you have that leadership skill that not many people have and as a Councilman I sit up here and when I think about making decisions and holding true to what's right I think of the way you lead the center and I want to thank you for showing that example. I wouldn't dare. De Weerd: An only Norma can. If she were here anyway. The rest of us did try and those -- I don't think we could have said it better. Your frankness, Jerry, sometimes I know is seen as stubborn, which it has been, but it has been consistent and I know that everything you have done has been out of your love for that senior center and it's greatly appreciated. So, thank you for joining us tonight. Thank you for allowing us a moment to show our appreciation for your help. Thank you. Item 6: Proclamation for FFA Week: De Weerd: Okay. The next item on our agenda is a proclamation for the FFA. Do we have a representative here with us tonight? Okay. It is next week or I guess it's the beginning of this weekend. It is FFA week and so I will read the proclamation. Whereas the Future Farmers of America and agriculture education provides a strong foundation for the youth of America and the future of the food, fiber, and natural resource systems, and whereas the FFA promotes premier leadership and the personal growth and career success among its members, whereas agriculture education and the FFA insure a steady supply of young professionals to meet the growing demands in the science, business, and technology of agriculture, and whereas the FAA motto: Learning to do, doing to team, earning to live, living to serve, gives direction of purpose to these students who take an active roll in succeeding in agricultural education and whereas the FFA promotes citizenship, volunteerism, patriotism, and cooperation, therefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim the week of February 17th through the 24th, 2007, as FFA week. It's here in the City of Meridian in recognition for their success of the Future Farmers of America program and this community, dated this day, the 13th of February, 2007. And if there is no representative here to present this to, we will be presenting it to them later this week and please join us. They are important contributors to our community. I know they always have recognition for the kids and all of their achievements and these are kids that achieve Meridian Ciry Council February 13, 2007 Page 5 of 47 many great things and they continue the roots I think that our community was built upon. Okay. Council -- Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: To add to that, I believe their breakfast is this Friday, isn't it, Will? Berg: Yes. Bird: This Friday morning everybody is invited. They serve a very nice breakfast. De Weerd: Meridian High School. Bird: At Meridian High School. De Weerd: It's generally very early. Mr. Berg, what time? Bird: 6:30? Berg: 6:00 to 8:30. De Weerd: Okay. 6:00 to 8:30. I think Mr. Bird sometimes is the only one up at 6:30, but we would love to see the community out for this great event. Thank you, Mr. Bird, for bringing that up. Item 7: Consent Agenda: A. Approve Minutes of December 12, 2006 City Council Regular Meeting: B. Approve Minutes of January 8, 2007 City Council Special Joint Meeting: C. Approve Minutes of January 9, 2007 ire-Council Meeting: D. Approve Minutes of January 9, 2007 City Council Regular Meeting: E. Development Agreement: AZ 05-060 Request for Annexation and Zoning of 4.92 acres from RUT to C-G zone for Ada County Hiahwav District Ustick Road Property by the Ada County Highway District - 3595 East Ustick Road: F. Development Agreement: AZ 06-032 Request for Annexation and Zoning of 29.31 acres from RUT to an R-8 zone for Trilogy Meridian City Council February 13, 2007 Page 6 of 47 Subdivision by Conger Management Group -south side of Chinden Boulevard and east of Black Cat Road: G. Addendum to Development Agreement: MI 06-010 Request for a Miscellaneous application to modify the existing Development Agreement to include the property located at 6745 North Black Cat Road for The Tree Farm by Treehaven, LLC - 6745 North Black Cat Road & MI 06-011 Request for a Miscellaneous application to amend the previously approved Development Agreement by including a provision to permit the installation of a double wide mobile office on the property at 4740 W. Chinden Boulevard for The Tree Farm Annexation by Treehaven, LLC -north side of Chinden Boulevard on both sides of Black Cat Road: H. Water Main Easement Aareement for Hiah Desert Harley Davidson• I. Memorandum of Aareement and Assurances for the FY07 Certified Local Government Grant Documents: J. Approve Task Order No. 3 for HDR Enaineerina Inc for ISDE oversight and review at a Time and Material basis not to exceed $5,000.00: De Weerd: Okay. Item No. 7 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we approve the Consent Agenda as published and for the Mayor to sign and the clerk to attest on all papers. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 8: Department Reports: De Weerd: Okay. There are no items in the department reports and I don't see anyone jumping up and down over there, so -- Meridian City Council February 13, 2007 Page 7 of 47 Item 9: Items Moved from Consent Agenda: De Weerd: There were no items moved from the Consent Agenda. Item 10: Request for Waiver of Fees for Appeal Application regarding Carport Structure by Judv Kelley: De Weerd: Item 10 is a request for a waiver of fees for appeal application regarding a carport structure by Judy Kelley. Caleb, do you want to introduce this item? No. Mrs. Kelley. Kelley: Well, I'm back again and just as nervous as the other time. De Weerd: If you will, please, state your name and address for the record. Kelley: Madam Mayor and Councilmen, I'm Judy Kelley, I live at 403 East 2nd Street in Meridian and we have a small canvas carport that we have been working with the Planning and Zoning and City Council since roughly June of last year and I'm back again. I have met with Bill Nary a couple times. I have worked extensively with Jenny and with Justin and a little bit with Caleb and had I known going into the first time we met with them what they expected us to do, we wouldn't have needed to file the appeal, because, then, I would have had a chance to have corrected their concems before we got to this point. But since we didn't know what their concems were before the regular appeal -- no, not the appeal, the -- what do you call the -- the day we filed the application, I guess, it is for the CUP. And since they had two concems for that, one was a vision concem and one was an Ada County easement concem, had we known before we went to the CUP hearing, we could have had that fixed. Since we didn't know, we had to fix that after the hearing, so now they tell us it's procedure that I have to file a Planning and Zoning application for an appeal. But that carries a cost with it and as before we are senior citizens, we really don't have a lot, and we were wondering if you would waive the fees for the appeal application for the CUP for the carport. And, then, we can file it with them and get on with business again. And I gave the lady the notes. We do now have a license with Ada County listing that we shall maintain and continue to maintain the carport structure. Baird: Madam Mayor? De Weerd: Yes. Baird: I'm hesitant to add, because I don't want to add to your level of nervousness, but I want to caution that we are only here tonight to talk about the fee waiver. Kelley: Right. Baird: So, I appreciate that. Meridian City Council February 13, 2007 Page 8 of 47 • Kelley: And that's kind of why I needed it. Baird: I understand. We are not getting into what's been approved and what's not. I think you have well presented your case and Ithink -- Kelley: And that's kind of why I'm asking that the fees be waived, because we really can't afford it, but the next step requires a fee, so we'd like to request it be waived. De Weerd: Okay. Council, you should have the information in front of you. Do you have any questions? Bird: I don't, Madam Mayor. De Weerd: Okay. Okay. Well, thank you so much, Mrs. Kelley. We will await the Council's decision. Kelley: Okay. Thanks. And is that by phone or -- De Weerd: They will make it -- Bird: Here shortly. De Weerd: -- within just a few minutes -- moments. Sometimes it seems like hours, but -- Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: If there is no discussion, I would move that we approve the waiver of fees for the appeal application regarding the carport by Mrs. Kelley. Bird: Second. De Weerd: Okay. I have a motion and a second to approve the request for a waiver of fees. Any discussion? Hearing none, Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 11: Continued Public Hearing from February 6, 2007: AZ 06-045 Request for Annexation and Zoning of 7.556 acres from RUT to an R-4 zone for Eastwood Subdivision by Wirt Edmonds - 4515 South Locust Grove Road: Meridian City Council February 13, 2007 Page 9 of 47 Item 12: Continued Public Hearing from February 6, 2007: PP 06-047 Request for Preliminary Plat approval of 24 single-family residential lots and 3 common lots on 7.556 acres in a proposed R-4 zone for Eastwood Subdivision by Wirt Edmonds - 4515 South Locust Grove Road: De Weerd: Okay. Thank you for being here. Okay. Items 11 and 12 are continued public hearings from February 6 on AZ 06-045 and PP 06-047. I will open these two public hearings with staff comments. Hood: Thank you, Madam Mayor, Members of the Council. Just a quick refresher for Eastwood Subdivision. The public hearing was closed and, then, reopened to only discuss the configuration of Lot 10. The applicant has submitted a revised preliminary plat dated February 7th, 2007. It does show a single story restriction on the Lot 10. Let me go back to the plat. This is the new plat now. Lot 10, if you will recall, is the one that's down in the southwest comer here and I don't know if you can make it out at that scale or not, but it does say one story on there. The other lots that are along the south boundary, Lots 11, 12, and 13, also have the one story restriction, as well as a 20 foot rear setback. The Council discussed both and there was not a consensus, but I think that at least one or two Council members were in agreement that the single story restriction would be adequate enough and did not feel that the additional 20 foot setback on Lot 10 would also be necessary. I did have a couple of other items that I'd like to just read into the record that hopefully can be part of the motion this evening. One is repetitive from last week and it has to do with the Public Works Department and Len and Anna brought it up requesting the additional condition. Condition 2.3 in the preliminary plat currently says: Water service to the site is being proposed, the extension of mains in Reflection Ridge Subdivision. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. They are asking that they add a second water connection to a main in Locust Grove -- Locust Grove shall be required to insure adequate fire flows. Location of the connection shall be coordinated with Public Works prior to construction plan approval. This main shall be placed in a common lot a minimum of 20 feet wide, covered by City of Meridian water easement. Planning staff also had a couple of development agreement provisions and a couple of preliminary plat conditions that we'd also like to propose to you tonight based on the discussion at the last meeting during the public hearing. The first one the staff is proposing -- it has to do with development agreement provision 1.1.3 and that's the one that talks about Lots 11, 12, and 13, Block 1, being restricted to a single story and subject to a minimum 20 foot rear setback. We'd like to also add that the home on Lot 10, Block 12, has also restricted to a single story. Again, that's based on pretty much the discussion and consistent with the revised plat that is on the screen right now. Along with those notes there is a preliminary plat condition talking about the similar effect as what we would like to add to the preliminary plat conditions that would be a new condition 1.2.13 and we propose that it reads: The applicant shall note on the final plat that the homes on Lot 10 through 13, Block 1, have a single story restriction and that Lots 11 through 13, Block 1, have a minimum 20 foot rear setback. Again, that just reflects the -- excuse me -- the revised preliminary plat Meridian City Council February 13, 2007 Page 10 of 47 that was submitted last week and should clarify for the final plat what planning staff will be looking for. And, finally, staff is recommending that condition 1.2.1 be amended to strike through the August 3rd, 2006, date that the previous preliminary plat carried and update with that a February 7th, 2007, hearing date, if, in fact, the Council agrees that the revised plat meets all of the concerns that you had at the February 6th City Council hearing. With that I will stand for any questions. I have some other information here, but I mean it's just a week ago, so I'm hoping you all remember. De Weerd: Council, any questions for Mr. Hood? Rountree: I have none. Bird: I have none. De Weerd: Okay. Thank you. Is the applicant here this evening? Stiles: I just wanted to mention something about Jerry. I didn't call him the go-to guy, I called him the run-from guy when I worked at the city. No. He was great, though. He's a hard worker. My name is Sheri Stiles. I work at Engineering Solutions at 1029 North Rosario Street in Meridian. Caleb did a very fine job of explaining what the changes were to the plan. I think Charlie made the motion -- or made the decision last week to -- that he wanted to see how these lots were realigned, the three on the southeast comer there. Of course, the density remains the same. There is the same number of lots. The largest lot did change and it is now 20,722 square feet. Excuse me. And there are three common lots because of the redesign also of the entrance to the property. I don't know if you have any questions. We think that we have done everything that you have requested and would ask for your approval of our request for annexation and preliminary plat. Do you have any questions? De Weerd: Thank you. Yes, Mr. Rountree. Rountree: Madam Mayor, a question, Sheri. You heard the comments from staff. Any particular concerns or issues on any of those? I think all of the P&Z ones have been addressed with the plat, but there was a comment from Public Works as it relates to approving the water. Stiles: Mayor de Weerd, Councilman Rountree, Council, the second water connection, yes, we are already preparing for that. We are going to do that through the common lot that is existing there and some of them were just clarifications. We are fine with the note on the plat for the single story restriction. Just one caveat, though. If the new county engineer makes some decisions that they will not sign plats with those types of notes, that would be the only thing we might have a problem with. And I would hope that we would be able to handle that just with a letter from the engineer or the surveyor. But, no, we have agreed with all the conditions of approval. Rountree: Thank you. Meridian City Council February 13, 2007 Page 11 of 47 De Weerd: Okay. Anything else, Council? Okay. Thank you. Stiles: Thank you. De Weerd: Okay. This is a Public Hearing limited to this one issue that it was continued for. Is there anyone who would like to provide testimony on this application? Okay. Seeing none, Council? Rountree: Madam Mayor, seeing no additional information, I move that we close the public hearings on Items 11 and 12. Bird: Second. De Weerd: Okay. I have a motion and a second to close the public hearings on Items 11 and 12. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Any discussion? Bird: I have none. De Weerd: Hearing none, do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 11, AZ 06-045, including in the development agreement stafFs comments and the revised plat as presented to us this evening. Bird: I will second that with the date of 2/7/07 for the new preliminary plat. Do you include that in the motion? Rountree: That's fine. But we can handle that with the next item as well. Bird: Okay. De Weerd: Okay. I have a motion and a second to approve Item 11. If there is no further discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Meridian City Council February 13, 2007 Page 12 of 47 De Weerd: Okay. Item 12. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item No. 12, PP 06-047, subject, again, to staff comments and the revised plat dated 2/7/07. Bird: Second. De Weerd: I have a motion and a second to approve Item 12. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 13: Public Hearing: PP 06-063 Request for Preliminary Plat approval for 14 building lots on 18.7 acres within the C-G zone for CentrePointe Subdivision No. 2 (North) by W.H. Moore Company - NWC of Ustick and Eagle Roads: De Weerd: Thank you. Item 13 is a Public Hearing on PP 06-063. We will open this Public Hearing with staff comments. Hood: Thank you, Madam Mayor, Members of the Council. The next item on your agenda is the Centre Pointe North Subdivision, aka Centre Pointe No. 2. It is located on the west side of Eagle Road approximately one quarter of a mile north of Ustick Road. It is due north of Centre Pointe -- as you know it Centre Pointe Subdivision No. 1. The application is for a preliminary plat of the area outlined in blue here. Some highlights of the project and the general vicinity. Due north are some county properties today. The red line designates the separation between Boise city and the City of Meridian and our area of impact. Somehow Boise has already annexed some of the properties on their side of that red line. Meridian to the north and west of this site has yet to annex some of those properties there. Champion Park would be due west and Champion Park Addition. To the south there is some recently approved multi-family and commercial developments on the south side of Ustick Road across Eagle. Of course, Lowe's in that general vicinity and some other retailers and restaurants that are going in. Wainwright Drive is just north of this site approximately a quarter of a mile. This is a preliminary plat application. Here is the master concept plan for Centre Pointe. It does include both phase one and the subject phase two. Phase two would come in approximately in this location and includes 14 commercial lots on 18.7 acres. The primary access to the site -- and I'm going to jump to the plat. The primary access to the site is a right-in, right-out access driveway to Eagle Road that was previously approved by the Council. The site will also have an access to a proposed public street, Meridian City Council February 13, 2007 Page 13 of 47 Centre Pointe Way, that runs generally north-south and is stubbed to the north property line. Centre Pointe Way is also constructed down to Ustick Road with the first phase of Centre Pointe. I'd also like to call your attention to one of the three development agreement required amenities for the overall Centre Pointe development. The gathering area is proposed within Centre Pointe North. The design of the gathering area has already been approved as part of the DA and the subsequent amendment to that DA. Same as phase one, the applicant will be constructing the parking area and drive aisles prior to the first building going in, so a lot of the landscaping you see here and the drive aisles will be constructed before most if not all of the clients are constructing buildings. I did want to note, too, that some of the parking areas shown on this landscape plan, they do need to have additional planters added to prevent linear groupings of more than 12 stalls in a row. The Commission did act on this application on January 4th, 2007, and voted to recommend approval. In attendance at that meeting was Jonathan Seal. Amanda Hess presented for the Planning Department. And Mike Cole provided some comments, as well as myself. Key issues of discussion were internal cross-access and the need for a turnaround at the terminus of Centre Pointe Way. The Commission voted to eliminate the requirement for a public turnaround at the terminus of Centre Pointe Way. The emergency service providers had originally commented that they thought that maybe a temporary turnaround here at Centre Pointe Way would be a good idea. It is less than 150 feet. The Commission saw that and didn't see the need for that requirement, so that condition was removed by the Planning and Zoning Commission. Finally, outstanding issues for the City Council. There are just a couple and they are both related to landscaping. The first one has to do with condition 1.1.4 and the applicant is requesting that the ten foot wide landscape buffer adjacent to residential uses -- so this property line here and adjacent to these homes in Champion Park, not be constructed with the subdivision, rather, be constructed as each commercial building goes in for certificate of zoning compliance and as part of their occupancy that ten foot wide landscape strip would be constructed as each one of those go in. The second thing that the applicant is requesting that the current staff report does not reflect is in condition 1.1.4 and in condition 1.1.6. This has to do with the 35 foot wide required landscape buffer adjacent to Eagle Road. The applicant has submitted a variance application to the city, submitted on January 26, 2007, to ask that a portion of their property, as well as access right of way from ITD, be able to count towards the full 35 foot wide buffer requirement. Because this is a pending application that you will be acting on on March 3rd -- or, excuse me, March 6th, staff recommends that you not discuss this pending variance application and, instead, I'm going to propose that we modify the subject conditions with some additional language. Condition 1.1.4 should be modified to read: Unless otherwise approved by the Council through VAR 07-003, construct a 30 foot wide street buffer along the entire of Eagle Road. So, it continues on. But it just says unless the Council approves that variance, you do need to construct a 35 foot wide buffer along Eagle Road. And, then, I further recommend that condition 1.1.6 be modified to read -- and similarly -- unless otherwise approved by the Council through VAR 07-003, graphically depict on the face of the plat a 35 foot wide landscape buffer along Eagle Road and, then, it continues on. I believe those are the only things that the applicant wanted some clarification on. I will let him speak a little bit more towards -- about that first application or the first requirement. Excuse me. I think Meridian City Council February 13, 2007 Page 14 of 47 the plat pretty much speaks for itself and you're all familiar with Centre Pointe. So, if you have any questions, I will do my best to answer them. De Weerd: Thank you, Caleb. Any questions for Caleb? Rountree: I have none. Bird: I have none. De Weerd: Okay. Is the applicant here? Seal: Good evening, Madam Mayor, Council Members. Jonathan Seal, W.H. Moore Company, 1940 Bonito, Meridian. Caleb, if we could put on the concept plan again. Oh. Sony. I think everyone here has seen this several times in the past, so I won't spend a lot of time on it. As Caleb mentioned, this is the phase that we are looking at. You have seen this concept plan. We have discussed it with the modifications of the development agreement, the variances, and other things that I think Caleb has, basically, addressed. As far as the issue out here in the 35 feet, we are in agreement with that as if Council does not approve the variance on March 6th, we would -- obviously, we would accept the fact that this would be 35 feet. Just a quick history, you did approve a variance for 20 feet down here, so I guess being somewhat optimistic, I would like to think it would be approved on March 6th, but if it isn't, obviously, we accept that. The other item we had is really -- is we have agreed to ten feet of landscaping, which, again, was a modification to the development agreement along here. We have no problem with that, but we don't see any particular benefit, if this is a vacant lot, of putting this ten feet of landscaping in now. It really doesn't create a burden and I'm not sure it does it. As I say, we are going to landscape this, as we have landscaped this already all the way through here. With the exception of those two things, I think unless you have any questions, I won't bum up your time tonight. De Weerd: Thank you. Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: They are not burning up time either. Seal: Thank you very much. De Weerd: Thank you. Okay. This is a Public Hearing. Is there anyone out in our audience wanting to provide testimony on this application? Okay. Council, if there is no questions, I would entertain a motion to close the Public Hearing. Bird: So moved, Mayor. Meridian City Council February 13, 2007 Page 15 of 47 Rountree: Second. De Weerd: I have a motion and a second to close the Public Hearing on Item 13. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Any discussion from Council? Okay. Do I have a motion, then? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve PP 06-063 with the modification of condition 1.1.4 on the ten foot landscaping buffer adjacent to residential be installed at time of certificate of zoning compliance and also that variance -- or the conditions 1.1.4 and 1.1.6 go along, unless the variance 07-003 is approved by the Council. And does that cover it, Caleb? De Weerd: Tum the page. Did you get that one, too? Bird: Uh? De Weerd: You got both of them? Bird: Yeah, I got both of them, so -- Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Item 13 as noted. Any discussion? Mr. Berg, hearing none, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 14: Public Hearing: RZ 06-012 Request for a Rezone of 1.69 acres from an R-4 to a C-C zone for Cherrv Linder Rezone by Darren Blaser - 1440, 1516 and 1528 W. Chevy Lane: De Weerd: Okay. Item 14 is a Public Hearing on RZ 06-012. I will open this Public Hearing with staff comments. Hood: Thank you, Madam Mayor, Members of the Council. The next project is for a rezone only and it's located on the northeast comer of Chevy Lane and Linder Road. The site is currently zoned R-4 and contains three homes you can see here in the aerial. I'm going to jump back to the zoning real quick. Just to call out that basically Meridian City Council February 13, 2007 Page 16 of 47 everything surrounding this property is zoned either office or commercial and the subject application is requesting similar zoning. So, the church is north and east of the subject site. To the south is Cherry Lane, obviously, and, then, the multi-tenant commercial building. To the west is Linder Road, obviously, and, then, Cheny Crossing commercial development that has multiple buildings and multiple tenants in some of those buildings. Overall project description. If the rezoning is approved, the applicant proposes to construct amulti-tenant retail building on this site. The applicant has submitted a concept plan for how this property may be developed and this is the concept plan. The applicant is proposing to have one direct access to Cheny Lane and no access to Linder Road. The existing access -- staff is requiring that the existing accesses be abandoned with the first certificate of zoning compliance application on this property and that a maximum of one public street access be allowed as allowed or approved by ACHD. Now, I want to just stop there real quick, because this is just a rezone application. ACHD has not provided detail comments back to the city or the applicant at this point on where exactly that access point should be. So, some assumptions are being made. Further away from the intersection is usually best. There is another driveway on the south side that they may have to align with, so we just -- there are no concrete conditions, at least at this time. I just want to explain that real quick, that they will have to grant them some type of access, but this looks to be a pretty logical location for that. The Comprehensive Plan designates this site as commercial and the request is consistent with that designation. Compliance with the UDC will pretty much be taken care of at certificate of zoning compliance will insure that the landscape buffer along both Cheny Lane and Linder are put in at the time of building permit submittal that the landscaping and parking lot gets constructed and all those internal dimensions are met. There are some development agreement requirements. I don't want to take up too much of your time. They pretty much talk about what we just talked about, one access to Cherry Lane, landscape buffers along the arterial roadways. We are requiring the applicant to submit a copy of a recorded cross-access agreement. That may be worth noting. This driveway here is proposed to tie into the church property to the north, as well as stub, if you will, over to the church property here. So cross-access so that there can be through movements through this parcel to the adjacent parcel is a requirement in the DA. Also, there was an elevation that was submitted and there is the front elevation, a south facing elevation, so this would be visible from Cherry Lane. There were some tweaks to this elevation, but generally the building constructed on a site needs to generally comply with this and some of the other design review requirements as stated in the staff report and the development agreement provisions. Some of them particularly regarding color, texture and materials, because that's not clear from this elevation what the materials are going to be. Staff also had some concerns about the east and west building elevations and having some windows or some -- some other type of facade that -- because these would be visible from the street, too. So, they need to incorporate some other materials, rather than just a blank wall on the side. The Planning and Zoning Commission did recommend approval of this item on January 4th. In attendance, speaking in favor was Bill Caparelli, the applicant. Justin Lucas presented for the Planning Department. No one from the public testified and there was no real substantive discussion by the Commission and/or changes to the staff recommendation. And with that the Planning Meridian City Council February 13, 2007 Page 17 of 47 and Zoning Commission and staff are recommending approval and I will stand for any questions you may have. De Weerd: Thank you. Council, any questions for staff at this time? Bird: I have none. Rountree: I have none. De Weerd: Okay. Is the applicant here? Blaser: I'm Duane Blaser, Darren Blaser's brother. I have never been to one of these before, so I apologize, I don't know how these proceedings kind of go. I'm stepping in. He's out of town right now, so I'm here on behalf to answer any questions you may have as far as what we are doing. I actually -- De Weerd: If you could, please, first give me your address. Blaser: Okay. For the -- De Weerd: For the record. Blaser: Oh. My address is 4712 North Pierce Park Lane in Boise, Idaho. De Weerd: Thank you. Okay. Blaser: And I think it's -- we are just -- we are expanding our business, Jamaca Me Tan tanning, and feel that's a good location and so we are putting one of ours in and, then, you know, just a few other small retail businesses in there, so -- De Weerd: Okay. Council, any questions for the applicant? Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I think I would ask the typical question. Staff has proposed items for a development agreement and I assume you have read through those and you're in agreement with those. Blaser: Yes. Zaremba: Okay. Thank you. De Weerd: Okay. Any other questions from Council? ~ ~ Meridian City Council February 13, 2007 Page 18 of 47 Zaremba: I have none. De Weerd: Okay. Thank you. Okay. I do have someone signed up to testify or at least to indicate their opposition. A Greg Schulte. Thank you. Schulte: My name is Greg Schulte and I live at 3081 South Gunnell Avenue, Meridian. De Weerd: Thank you. Schulte: I represent the Christ Lutheran Church. We own the property to the north and the east of the proposed area they are going to -- they want to rezone. We have a few questions about -- there is a ditch, it's on the north end of the property line there. We would like to know how that's going to be addressed. It's an open ditch. Currently we do not have the easement on our side for the ditch rider, it's on their property, so they can address that. And, then, the -- just the thickness of the lot, it's not very thick, so we were kind of wondering about the -- how the parking and all that's going to be. They have sent us a proposed easement to use our property for parking and for a street to go through or whatever and we have denied them that access. It will actually be -- can I get the -- so, this right here will -- we have denied that and denied this here. And that canal or ditch runs right here, right on the property line, and would just like to know how those are going to be addressed, if this is taken care of. What else do I have here? That and our church is currently working on a master plan that would tum this area up here into a grass area. We are going to landscape that this year and all that and put in a soccer field and we are going to put in automatic sprinklers and all that stuff. We have a master plan that we designed this year and we are going to start carrying out those and we feel that this great big wall here would not be beneficial to our needs of the church for the youth group that we have there and, then, the weddings and stuff that we have. And that's basically it. De Weerd: Thank you. Council, any questions? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: You very well might have answered it, Mr. Schulte, but it sounds like those master plans -- would that be the basis for the denial of the cross-access or is there another reason? Schulte: Right now it's just the -- we have decided that we are going to landscape that and we have been meaning to do that for some years and we finally have the money to do that now. Borton: Is that the basis for denying to the east as well? ~ ~ Meridian City Council February 13, 2007 Page 19 of 47 Schulte: To the east our current parking lot -- could we go to the aerial view? Currently there is no entrance in here. We have -- this is all parking in through here and landscaped and that would not --our flow pattem, we have an in -- we come in here and come in here and that would disrupt our flow pattem into our church. Our church sits right here. This is the area we are going to landscape right here and the canal runs right through here. So, our current flow of traffic, you come in here and these are all of our church parking spots here. And I represent about 400 voting adults in our church, if that has any bearing on it. De Weerd: Okay. Any further questions, Council? Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: Just to clarify for me if I may. Do you object to this being rezoned as commercial property? Would that be okay? What you're objecting to is the concept plan that shows access and walls and so forth. Schulte: What we are objecting to is the idea of -- we just don't want a strip mall to go in there, basically to -- because I mean in that plan I saw it was about two stories tall, from the concept plan that I saw there. That would completely hinder this. We were planning on landscaping this, using the existing canal and all that and that would absolutely devoid that of -- it would basically make our area, you know, up to about here, not very useful. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: How long has the church owned that property back there? Schulte: Since the early'70s, I believe. Bird: How much? Schulte: The early'70s. Bird: Did you own it when you built the building? Schulte: I'm not sure on that. Bird: Okay. Schulte: As far as I know we have always owned this section here. Meridian City Council February 13, 2007 Page 20 of 47 Bird: Yeah. • Schulte: And we have taken steps this -- this year we have started maintaining this more, so it's not a big eye sore and we have taken steps to that. And we have also -- we are in the process of making that a lot better. De Weerd: Okay. Council, any further questions? Okay. Thank you. Okay. Is there anyone else who would like to provide testimony on this application? Would the applicant like to respond to the questions raised by the church? Does the Council have questions for the applicant raised by the church? Bird: I don't. Borton: Madam Mayor, I do. De Weerd: Okay. Mr. Borton. Borton: With regard to the -- De Weerd: I'm sorry. If you will, please, state your name for the record. Blaser: Yeah. Duane Glaser. Do you need my address, too, or -- De Weerd: No. Blaser: Okay. De Weerd: Thank you. Borton: The denial of across-access to the north and to the east, you hadn't mentioned that. If that's a condition of moving forward and you can't obtain it -- I mean is it still -- is your project or your request to change the zoning still desired? Blaser: If we don't have that cross-access? Gorton: Sure. Blaser: I mean, obviously, we would like that, but I think we, you know, proceed without it. Borton: Do you envision a viable commercial project on that comer without cross- access to the east or the north? Blaser: I guess all I have to say is we -- you know, we'd really rather -- we'd like to have the access, but we would go with -- you know, we would still like the zoning without that. ~ ~ Meridian City Council February 13, 2007 Page 21 of 47 Borton: Okay. De Weerd: Mr. Blaser, I guess I do have a question. Blaser: Yes. De Weerd: Have you been in communication with the church about what the building elevations would be, what you would be doing with the piping or maintaining the ditch, what kind of, you know, relationship have you established to even discuss possible easements, those kind of things? Blaser: That's why I'm kind of at a loss. My brother is the one that's been in contact and has I believe given them information on what we were doing and everything, so I couldn't -- I guess I couldn't really answer that question to you with any knowledge of -- because my brother was handling all that and he's out of town. So, I'm kind of at a loss for that. But he was in contact with them and has submitted them, you know, proposals and what we were going to do back there and I know we were going to make it a nice place -- you know, make it look nice. Not going to use cinder block. You know, a nice stucco building with stone on it and things like that. So, it's not going to be an eye sore by any means. It's a very nice building. And, you know, I know that we would look forward and be willing to address any of their concems, you know, that they would have as far as what we would need to do. De Weerd: You know, I guess once it's rezoned it's a permitted use and so I guess as a neighbor, if I were the church I would like to have as much detail, because that would at least give me information to know what to expect and to know what kind of wall our property would be facing on the back side. I don't know if staff -- even with the regulations on a road that would be in back of that, what kind of lighting, you know, how close to the back line they would be, those kind of things. So, not knowing how much information has been shared with the church, I guess I could understand if they haven't seen your vision why they would have some concems. Blaser: I'm really new at this and I -- you know, I was just on the phone with my brother and he's -- you know, he told me to call him if there is any question that I can't answer. I don't know -- I'd probably look pretty silly if I called him right now and asked him that, but Iwould -- you know, I could go out there and call him and ask him and answer that question for you, but I know he's the one that's been in contact with them and I believe has given them, you know, the information on what we were going to do along the back side there. I know that, you know, I just know it wouldn't be an eye sore, you know, we are trying to make something that's very nice and people would want to come to and -- but Idon't --that probably doesn't answer your question, you know, but that's the best of my knowledge. De Weerd: Okay. Rountree: Madam Mayor? • • Meridian City Council February 13, 2007 Page 22 of 47 De Weerd: Mr. Rountree. Rountree: It seems to me from what I have seen that there is probably not adequate information, both on the part of the applicant, as well as the neighbor, but I would ask Caleb -- there would be setback requirements for the building. The building would not be built on the property line. Could you speak to that, as well as -- I don't know if the applicant realizes if there is an easement for irrigation on the property, that there is probably at least a 20 foot easement, possibly, that they maybe have to the that particular feature, whether or not they have penciled that into their development. I don't know the status of their acquisition, whether it's finalized or conditioned on getting the zoning changed, but some of these things may have been lost in the translation in terms of cost of this development and I don't see that in the staff report and I haven't seen it presented here this evening, but it has created some confusion both on their concept plan, as well as the neighbors. So, if you could speak to a couple of those points I'd appreciate it. Hood: Madam Mayor, Councilman Rountree, what Justin pretty much did was -- in his analysis was say that when you try to pull a building permit we will tell you what the setbacks are and all the required improvements that will have to be made. I do not have all the C-C zone setbacks memorized. I do know there is a front setback and I think that's 20 feet. They, obviously, meet that. There are -- I do have the C-G zone setbacks memorized and there are no rear or side setbacks in the C-G zone. So, I can look -- I think we have a UDC around here somewhere. I'll look to verify what that rear setback will be in a C-C zone, the requested C-C zone. A standard condition of approval for development is if there are any ditches, laterals, or canals that cross your property -- and that's -- I want to stop there, because I'm not quite sure where the irrigation ditch lies. It's not been disclosed to us. I don't know how big it is. It's definitely not the Five Mile or Eight Mile or something that we are trying to save and protect, so it will have to be covered if it's on the applicant's property or even a portion of it's on the applicant's property, they will be required to pipe that. The rear elevations - - that elevation that I showed earlier is the elevation that was shown to staff and that's all we have, so I don't know if there is a south elevation at this point in time or not. I did want to jump back -- and I understand part of your question, Councilman Rountree, but just back to the cross-access real quick. What staff is requiring with the cross-access is not that they get granted approval for the church, but they give the church access to their driveways and when the church comes in and wants to redevelop something, a condition of their application will be would it be reciprocated back to this site. So, they don't need the church's approval, they just need to grant the church that right. If they don't want to use it right now and they want to continue on their way, that's fine, but when the church does want to do an expansion or a rezone or something, that's where staff will go, hey, you know what, the neighbor provided you access to their driveway, you need to reciprocate that back across. So, just some clarification there. At this point the neighbor can't deny the cross-access, because they are just providing them an easement. So, there is really no way they can deny that, if you will. But I hope I answered all your questions. I will look for the C-C to see if there is a rear setback now. • Meridian City Council February 13, 2007 Page 23 of 47 With a rezone you could say -- and I haven't heard the church say what they would prefer, five feet, ten feet, 15 from the rear property line or what they would like that site to look like. If they had some specific things -- I'm not going to try to put words in the applicant's mouth, but they can incorporate some windows if they needed to or a different type of material or whatever, you know, the church is looking for. I guess that may help -- I don't know if we are going to solve this tonight or not, but it sounds like the person that may know that information is not here, so -- and I don't know what that is. So, again, I'll look into the C-C rear setback and see if I can't find that, but I hope that answered the other parts of your question. Rountree: Thank you. Yes. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Caleb, what we are acting upon tonight is the rezone; right? Hood: Correct. Bird: All this setbacks and stuff will come in when they go in to get their certificate of zoning compliance -- Hood: Correct. Bird: -- and their building permit; am I not right? Hood: Correct. Bird: I think as a Council we need to think about enclosing all -- or tiling these ditches. You can enclose them without tiling them. Leave that bottom open, so we can have some aquifer -- our water can get down into it. That's my opinion. But right now tonight we are just enacting upon the zoning; right? We are not -- we are not doing any design. They threw up an elevation that will or will not be the right deal, you know, what they will build -- they don't have to have the cross-access. I hope -- I hope that when they come in that we were able to move that entryway down, so that it's across from the one across the street. That would be ideal. So, I think we are going down the road more than we need to. Rountree: Madam Mayor, I guess my comment on that is that, yeah -- and a question for the applicant. Is your deal on this property done or is it conditioned on the rezone request? Blaser: No, we -- it's done. • ! Meridian City Council February 13, 2007 Page 24 of 47 Rountree: Okay. I guess that takes care of my concem. If there are some issues as it relates to zone and some items that seem to not address your thought process for laying out their preliminary concept, if there is costs in there that are deal breakers, we could have it rezoned and no project. That's my concem. De Weerd: I guess, Mr. Bird, one of the concerns I had is when we have these rezones that all these questions are asked -- asked and answered and one of the reasons we have been asking for elevations, whether in concept or not, is that neighbors that are impacted have an opportunity to comment and if they don't have information to comment upon, that is my only concem. And so that is why I asked the question if they had more detailed discussion with the neighbors and how this potentially would adversely affect them is the reason for my questions and my statement. Bird: Madam Mayor? And I agree with you a hundred percent and I do like them bringing some kind of a concept of what they plan on getting there, but when they go get their CZC, they might -- with setbacks and all that stuff, not be -- might not be able to put that exact building on that property. But Ijust -- you know, I think that's -- personally, Ithink this is an ideal zone for that comer. I don't know how people that live there get in and out, to be truthful with you. And I know all three of them that live there, so -- De Weerd: Okay. Any other questions from Council? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would ask one of staff. De Weerd: I'm sure Dean would say to you as well, will you, please, speak up. Zaremba: I'll move closer. Disregarding the concept plan, I guess, it does look like the property is wide enough along Cheny Lane that they could align their driveway with the driveway across. Do we know if the depth is sufficient that if they had to have an access to Linder -- I'm loathe to suggest additional accesses to Linder, considering what I think that street is going to be in the future, but is the property deep enough that they could have their own access to Linder? Yeah. Right in, right out. Bird: Is the one across the street -- Hood: It appears that there is about 125 feet of frontage from the northern edge of Cheny to the north property line. So, that's pretty close to the intersection, even for a right-in, right-out. Zaremba: Okay. Thank you. • Meridian City Council February 13, 2007 Page 25 of 47 De Weerd: Any other questions for the applicant? Thank you. Hood: Madam Mayor, if I may, I did find the schedule of use control and the setbacks in the C-C and whoever drew up their concept plan must have checked the ordinance first, because there is no rear setback in the C-C zone. So, they are going to have to construct that building fire rated, if they construct it on the property line, but there is no rear or side setback in the C-C zone. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Caleb, I'm sure -- now which property I don't know, but I'm sure there is a water easement for the Nampa-Meridian Irrigation through one of those properties back there. Hood: The member of the church -- excuse me, Madam Mayor, Councilmember Bird, the member of the church I believe testified that it's on this subject site, not on the church's side. Now, the concept plan we have doesn't go into several detail like that, it just kind of says, yeah, we'd like a driveway here and some parking there. So, we didn't get a survey or it's not like a plat where you get contours and all that. So, I know Justin went out there and did a site inspection, but unless it's -- you know, you can miss a ditch on the back side of the property and I think that's the case here, he just didn't see it out there and didn't realize it was going to be an issue. But they would, obviously, be having to cover it somehow if they are going to build a building on that rear property line, that north property line. Bird: But you still got to have easements back there to get the Nampa-Meridian Irrigation District in there. You have got to have an easement of some --and if you the it every so many feet you got to have a clean out -- accessible clean out. Hood: Excuse me. Madam Mayor, I was just going to say, Council Member Bird and the rest of the Council Members, depending on where that easement is, if there is an easement there, they can't build a building over it, so they'd have to vacate that easement or relocate it somewhere else, so I don't know how that's alf going to play out if, in fact, it is on their side, but that's something we would look for at certificate of zoning compliance, which, you know, we have to look for those things at CZC. Again, this is just a zoning and the building may have to be sited on the site differently. Bird: That's right. That answered my question. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. • Meridian City Council February 13, 2007 Page 26 of 47 Bird: If we don't have anymore public testimony -- De Weerd: Council? Bird: Oh, I don't care if he wants to -- De Weerd: The church. Yes. Schulte: Greg Schulte. That elevation that we saw was the first the church has seen what they are going to put on this property. We weren't given any of that. We were just asked -- actually, I have a letter here just to make -- we would like to propose across- easement access. They were going to, basically, pave and put a parking lot and they wanted to pave a parking lot on the west end of our property and we said, no, we aren't going to allow that, since we are going to, like I said before, make that a landscape area. De Weerd: And the ditch is on their property? Schulte: The ditch is on their property -- one of the trees here two years ago and a big one fell down and it fell on one of the houses back here and we were told to clean that out and when we got to looking at it further, the tree was actually on this side of the ditch and we weren't responsible for it. The ditch rider said that that wasn't our responsibility. He said it was the landowner's responsibility and that we didn't -- that we didn't -- the ditch was not on our property or it was actually sharing it, but it was not completely on our property and the easement was on -- between the ditch and the fence back here is where the actual easement is and it's not on our property, basically. So, there is an easement back there, but it's not on our properly. And these are all fenced back here, so I mean if a person went out there and looked at it, he probably didn't notice that. De Weerd: Okay. Thank you. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I'd like legal to interject on the right of way and the survey to see which -- whose property that that actually is on. They have got a dispute that we don't need to get in the middle of. Baird: Madam Mayor? De Weerd: Mr. Baird. • • Meridian City Council February 13, 2007 Page 27 of 47 Baird: I'd agree with that comment, but before we close the Public Hearing I think since we have had additional testimony, we need to give the applicant the opportunity to have the last word here. De Weerd: Although I don't know what kind of words he can give, because he's not really too involved in this application. Mr. Blaser, I guess I would ask you to come forward. I do have a question. With some of these questions -- and I don't know if Council feels comfortable with moving forward with the questions that remain -- either, Council, we can have him step out and call his -- the person that seems to have the information or even consider continuation, unless you think that this -- this is not significant for you to make a decision, but do you know anything about this ditch, first off? Blaser: I'd have to find out. I don't. De Weerd: And the placement of the building -- it sounds like you would like to have it on the property line. Blaser: Right. De Weerd: Okay. Blaser: Yeah. Because of the depth of the lot. De Weerd: And that is a single story building; correct? Blaser: Correct. De Weerd: And how will you load your businesses? So, you won't have any need for an access behind the building, so that means you won't have any doors out back or -- Blaser: Now, that Idon't -- I don't think so, but I would have to check with him on that. I'm assuming since he's on the property line I think we would need to be doing something else. I don't know that to answer that. De Weerd: Okay. And the fire department has no issues on -- I know you like zero lot lines. You're a big fan of them. Anderson: Madam Mayor, Council, no, when we review the plans, when they bring in plans for a building, the building would have to have rear access. It has to have secondary exits for people, so there would have to be some area to exit the building, it couldn't be built right up against a fence or something like that, there would have to be room to get out those exits. De Weerd: So, typically, you don't see a building on the property line if you need a rear exit? Meridian City Council February 13, 2007 Page 28 of 47 Anderson: No. De Weerd: Okay. Okay. Council, have we made this clear as mud? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would propose that when we get to it, my personal opinion is it seems reasonable that this should be rezoned with C-C, that's to comply with the Comprehensive Plan, but whoever the maker of the motion is -- perhaps it will be me -- would include that we are not approving the concept plan. It seems to me a lot more work needs to be done and the applicant is being put on notice that this may not work. But it still seems reasonable to me that this property should be a C-C. I'm just saying we could include in our motion that the concept plan is not approved. De Weerd: But I would imagine, Caleb or Ted, the concept plan doesn't need to be approved, because it will be a principal use and it just falls to whatever is in the certificate of planning compliance -- or CZC. Hood: Madam Mayor, that's correct. I mean there is not much room on the site once, you know, the landscape buffer gets put in they are going to need parking and a building and that's pretty much the site. So, I don't see a bunch of options for them. They could maybe flip-flop it and put the building towards the street and parking in the back, because, then, they can -- usually if it's aNampa-Meridian imgation easement, they will let you put an impervious surface over it -- not a permanent structure, but you could put a parking lot over an irrigation easement, but, really, I don't see a lot of room to tweak the site plan too much. That's probably their only other option would be to swap where the building is with where the parking is and if that's the desire of the Council to say we like your zoning, we like the front elevation, your concept plan it sounds like it may need some work -- I mean we can work with the applicant on that, too. De Weerd: It sure seems like a parking lot would be better next to a nice grassy open field than a big blank wall that has no fire exits, but I get to break a tie. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: While we are on the public record, I agree with Caleb a hundred percent. We are sitting here -- I will guarantee you that he will have exits not only on the north, but he will have them on the east and the west, so we take care of the life safety there. That's part of the code. He's not going to be able to have zero lot lines, so either he shaves his building down or do something else, but tonight we are sitting here talking about Meridian City Council February 13, 2007 Page 29 of 47 something that -- and he's applied -- he's applied for a rezone and I happen to agree wholeheartedly with Councilman Zaremba that's what -- and I think it's an ideal location for that zone and I'm ready to vote on it, not what he built. De Weerd: Okay. Anything else, Council? Anything you would like to add? Blaser: No. De Weerd: Okay. Thank you. Council, if there is no further information that you need - Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'd move we close Item 14, RZ 06-012. Zaremba: Second. De Weerd: I have a motion and a second to close the Public Hearing on Item 14. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: After considering all staff, applicant, and public testimony, I move to approve file number RZ 06-012 as presented in the staff report for the hearing date of February 13, 2007, with no modifications, but with the comment that the concept plan is not approved as part of this recommendation. Bird: I would second that. De Weerd: Okay. I have a motion and a second to approve with the added note regarding the conceptual plan. Is there any further discussion? Okay. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, nay. MOTION CARRIED: THREE AYES. ONE NAY. Item 15: Public Hearing: AZ 06-060 Request for Annexation and Zoning of 5.01 Acres from RUT to R-8 & R-15 zones for Arch Rock Subdivision by CTD Development -South of McMillan Road and East of Linder Road.: • ~ Meridian City Council February 13, 2007 Page 30 of 47 Item 16: Public Hearing: PP 06-061 Request for Preliminary Plat approval of 18 single-family residential lots and 2 common lots on 3.73 acres in the proposed R-8 zone and 8 single family residential lots and 1 common lot on 1.02 acres in the proposed R-15 zone for Arch Rock Subdivision by CTD Development -South of McMillan Road and East of Linder Road: De Weerd: Okay. Items 15 and 16, public hearings AZ 06-060 and PP 06-061. I will open these two public hearings with staff comments. Hood: Thank you, Madam Mayor, Members of the Council. The next item on your agenda this evening is actually two applications, one for annexation and zoning and one for a preliminary plat for Arch Rock Subdivision. It is located on the east side of Linder Road, approximately 800 feet south of McMillan Road. It's highlighted there in the teal blue. It is just north of the Cobblefield Crossing Subdivision. Actually, Cobblefield Crossing is also to the east, so it's on two sides by Cobblefield. To the north as you can see on the zoning map is still zoned RUT in Ada County and, let's see, back to the west is Bridgetower. Excuse me. Bridgetower Crossing is back to the west. There is the aerial view. Most of these homes out here in Cobblefield are either under construction - - most of them, actually, are occupied today. Here is the subject preliminary plat. It's not a very good copy. I'll apologize for that. I didn't have much to do with that, but I apologize for that. Here is the arterial street. Linder. And they have an access point -- Iwant to jump back real quick to the vicinity map and just point out that there is an existing public street in Bridgetower that aligns just off the north property boundary of this site. Actually, it -- about half of that street does is on this -- in alignment with this property. So, the applicant is constructing their portion of that. Two lanes can get in there and, then, I believe it's going to be finished off by the parcel to the north when they develop in the future. So, the annexation and zoning request is for 5.0 acres currently zoned RUT. The applicant is proposing 19 single family building lots and two common lots on 3.78 acres in the R-8 zone and seven single family building lots and one common lot on 1.02 acres in the R-15 zone. I would point out that the -- that Crossfield did not provide any stub streets to this parcel, so they are providing one to the north, but no stub streets to this parcel were provided, so they -- the access to the arterial is necessary in this instance. ACHD is supportive of the proposal, as long as all their site specific and general requirements are met. I'm going to jump to the landscape plan real quick. The applicant is proposing to set aside three-quarters of an acre or 15 percent of the site for open space. There is the landscape buffer along Linder. This common area. There is a micro-path that ties back into Cobblefield Crossing, as well as this little strip here, which, actually, serves as a separator between this single family home and the lots that are taking access off of a common driveway here. That also separates the R-15 zoned lots from your R-8 zoned lots. So, these are the lots that are within the proposed R-15. Gross density is 5.27 dwelling units an acre. The Comprehensive Plan has this property designated for mixed use neighborhood. There are some elevations that the applicant presented to the Planning and Zoning Commission on December 21st. Here is a slide that they presented showing some of the materials and elevations for this project. On December 21st the Planning and Zoning Commission did recommend approval of this project. Rod Ralphs, who was the applicant's Meridian City Council February 13, 2007 Page 31 of 47 representative, was at that hearing and testified in favor of. Tom Bevin also testified on the subject applications. There was no written testimony received from the general public. Amanda Hess presented it from our office. And some of the discussion by the Commission had to do with fencing and the applicant is proposing fencing to match Cobblefield Subdivision No. 1. So, along the south and east boundary would match Cobblefield and I'm not sure what they are doing on their north boundary, at least for this section here. The applicant may want to clarify that. The Commission did not make any changes to staff s recommendation and I am not aware of any issues that should be brought to your attention this evening. If you have any questions I will try to answer them now. De Weerd: Okay. Thank you, Caleb. Any questions for staff at this time? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Caleb, would there be a -- developed to the north some sort of emergency turnaround or is there a mechanism to move vehicles around there? Hood: Madam Mayor, Councilman Borton, I sure hope so. Let me read you the staff report real quick and just make sure there is. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I know Mr. Hood is busy looking something up. I have a vague recollection that there was some discussion at the Commission level that the property to the north was prepared to develop, that that road would go someplace for this. I'd ask Mr. Hood to comment on that. Hood: I accidentally just turned the projector off, so that's not going to help. But, hopefully, I turned it back on. The applicant did come over and -- Lot 8, Block 2, which would be on the northwest side of that -- of that dead end -- temporary dead end stub street, is a temporary, non-build lot until that road gets pushed through. So, no home will be on that lot until that road gets extended to the north. De Weerd: Okay. Anything else at this point from Council? Is the applicant here? Ralphs: Madam Mayor, Members of the City Council, my name is Rod Ralphs. Address is 2730 North Greenbelt Place in Meridian. I have some handouts. May I approach? Anyway, Madam Mayor, Members of the City Council, we have looked at the staffs recommendations and we are just welcoming any comments tonight. We really have nothing else to add. This is just another phase, basically, is what we see of Cobblefield One. The architecture is going to be the same. The CC&Rs are going to be ~ ! Meridian City Council February 13, 2007 Page 32 of 47 the same. You'll see we have a connecting pathway that connects down through to Cobblefield One and just any questions you might have about it. We will be matching the fencing up along the perimeter and, then, what you see there along the north side would be temporary pending on what happens here on the north. We don't have a definite time frame when that north would happen. And so as staff pointed out and as we had mentioned, that Lot No. 8 will be our emergency turnaround and we will work with the fire department on making sure that that's suitable for emergency vehicle access and service. De Weerd: Can you tell me what the goal is with the open space? Ralphs: The goal of the open space is actually more of a park-like setting and the hope would be that when the property to the north comes on line that you would have a pocket park there and so it would match up with what would be available. The homes that you see there that would be backing that would have a four foot fence, so that you would have visibility into the park area for people to be able to see what's going on in there. De Weerd: How deep is that? Ralphs: It's about 45 feet. De Weerd: And realistically what can you do with it? Ralphs: Well, I imagine you can play catch. You can play any kind of games kids would like to play in a park setting like that, so -- it's fairly long. It's what -- let's go through the math here. It's 100, 200 -- probably about 280 feet long. So, more of a picnic -- Bird: Forty-five deep? Ralphs: And 45 deep. Yeah. Bird: Madam Mayor? De Weerd: Uh-huh. Bird: Follow up on that. Is that your drain swale, too? Is that where you're going to have your drain swale? Ralphs: You know, I would have to defer to our engineers on that. No, it's not. Bird: Thank you. Appreciate that. De Weerd: Any other questions, Council? r Meridian City Council February 13, 2007 Page 33 of 47 Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: That looks to be about the width of a lawnmower. Ralphs: The width of a lawnmower? It's about five feet, I believe, is what's on the -- it is what the staff and the code allows for separating any kind of a driveway that we might have on that lot versus the single family residence next to it. Borton: Okay. Ralphs: So, it might look like a lawnmower, but it's a little bit more than a lawnmower, but it's the buffer that's required. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I do have one other question of Mr. Ralphs. I have a problem with the R-15 when you got an R-4 across the street and R-8s in Cobblefield. You're R-8 in everything else but the front there and you're R-15. I have a little problem with that density. Is there any way that we can convince you to make that R-8 also? Ralphs: We would certainly look at that. I'd just like to point out that what we have here in concept -- and if we could go back to that one that has the different elevations. Okay. Perfect. Thank you. What you see here -- this is the proposed project, but, again, depending on the product that goes in there, we will have an attached product that has already been approved here. I believe this site is on Meridian Road, on the east side, between Cheny Lane and Ustick, in this subdivision, but getting back to your point, Councilman Bird, is that the lots in the zoning here are consistent with the townhomes that we have right over here in Cobblefield One and so the attached townhome design is consistent with what is in the general area. Bird: Okay. Ralphs: Well, let me add to that. Many of you are probably familiar with the entrance to the subdivision over there at the Lakes at Cheny Lane and how those are attached townhomes there that butt up against the road. That actually provides for a nice buffer of the sound and all that from Linder and so along with being a buffer, then, being able to get some density in there on that street, that's why we have put that there. De Weerd: Okay. Meridian City Council February 13, 2007 Page 34 of 47 Ralphs: I mean you're going to see a similar type of construction that you would have seen in Cobblefield One. So, it's more of a continuation of what's already there and what's been approved. De Weerd: Without the nice water feature in the front. Ralphs: Without the nice water feature in the front. De Weerd: Okay. Any other questions for the applicant? Bird: I have none, Mayor. Rountree: I have none. De Weerd: Okay. Thank you. Ralphs: Our engineer is here also tonight, so if there are any technical question you'd like to ask, he's here available for you. De Weerd: Okay. Okay. Any testimony on the -- Stanfield: Madam Mayor, Members of the Council, Scott Stanfield, Mason Stanfield Engineering, 314 Batiola in Caldwell. I'll make this brief. That is not a drainage swale. We'll have a seepage bed in the right of way. If Caleb can tum to the overall vicinity map and land use map. Across the street I believe it is zoned R-4, but if you look at those large lots, I think those are going to be office. It provides a transition between the R-15 and the existing R-4. With that I'll stand for any questions. De Weerd: Okay. Any questions from Council? Bird: I have none. De Weerd: Okay. Thank you. Stanfield: Thank you. De Weerd: Okay. Any further public testimony? Okay. Seeing none, Council? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: If there is no other discussion, I move we close the Public Hearing on Item 14, AZ 06-060 and, Item 16, PP 06-061. Zaremba: Second. C~' J Meridian City Council February 13, 2007 Page 35 of 47 De Weerd: Okay. I have a motion and a second to close the public hearings on Items 15 and 16. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Council, any questions? Discussion? Bird: I have none. De Weerd: Okay. Do I have a motion? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move we approve Item 15, AZ 06-060, to include all staff and applicant comments. Zaremba: Second. De Weerd: Okay. I have a motion and a second to approve Item 15. Is there any discussion? Okay. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Item 16. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move we approve Item 16, PP 06-061. Zaremba: Second. De Weerd: Okay. I have a motion and a second to approve Item 16. If there is no discussion, Council? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Meridian City Council February 13, 2007 Page 36 of 47 Item 17: Public Hearing: MI 07-001 Request for a Miscellaneous application to Modify the existing Development Agreement to allow all C-N permitted uses on lots 5, 6, 7 & 8, Block 25 of Cedar Springs Subdivision No. 6 for Cedar Springs Professional Center by Lynn Brown - 710, 730, 750 & 790 West Ustick Road: De Weerd: Okay. Item 17 has been requested to be continued. I will go ahead and open Public Hearing MI 07-001. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I move we continue Item 17, MI 07-001, to our regularly scheduled meeting of February 20, 2007. Rountree: Second. De Weerd: Okay. I have a motion and a second to continue Item 17 to February 20th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 18: Public Hearing: AZ 06-054 Request for Annexation and Zoning of 2.40 acres from R1 zone to an L-O zone for Woodland Springs Professional Park by Morgan Development, Inc. -1630 E. McMillan Road: De Weerd: Okay. Item 18 is a Public Hearing on AZ 06-054. I will open with staff comments. Hood: Thank you, Madam Mayor, Members of the Council. This is the last public hearing item on the agenda this evening. It's for Woodland Springs Annexation and as noted in the title of this project, it is just an annexation and zoning request, similar to the rezone that we saw a couple of items ago. There is no detailed development plan, no plat, no CUP at this time, just the annexation and zoning request. The site is located on the northeast comer of McMillan Road and Locust Grove Road, as you can see on this map. Portico Place that you guys had on your agenda last week or the weekend before is in this location. This is the Idaho Power Substation. Harpe Subdivision -- recently approved Harpe Subdivision is on this intersection directly diagonal from the subject site. And, then, Tustin Subdivision is on the other side of a couple few county parcels that are still not incorporated in the City of Meridian at this time. Council can see that on the vicinity map. The overall project description -- as I mentioned, the applicant is proposing to annex this property to limited office, L-O. They have submitted a concept plan for the entire 2.4 acres that's proposed to be annexed. If the annexation application is approved, the applicant is proposing to construct up to three medical professional office buildings on this site. The applicant has submitted a concept plan, ~ i Meridian City Council February 13, 2007 Page 37 of 47 which you see here, showing how the site may be developed and I highlight the may in that sense, and I'll touch on the lot here in just another second. There are three conceptual buildings and two proposed driveway accesses to the subject site. The first access is located at the northwest comer of the property on Locust Grove Road, approximately 220 feet north of McMillan Road, so that would be here. I know this shows up a little light, but it's generally at their north property line on Locust Grove. And, then, the second one is proposed at the eastern most boundary approximately 300 feet east of Locust Grove Road on McMillan. Staff is generally supportive of the proposed concept. However, due to some scheduled improvements of the Locust Grove -McMillan intersection, the submitted concept plan may not be feasible to build. ACHD staff has commented that they are currently working on a concept study for this intersection. There is a memo that's also part of the package from ACHD scanned in part of the staff report. I did want to just kind of pick out a couple of their sentences from that memo and it states, essentially, that considerations will need to be made for potential impacts that the intersection improvements will have and the ultimate area will be able to be developed on this site. One of the concept plans ACRD is working on looks at the potential of buying this entire site for drainage. ACHD is also considering a concept study, which relocates the Lemp Canal to the north side of McMillan Road. At a minimum staff believes that ACHD will require a right of way which will significantly impact the layout as depicted on the site development plan. Staff believes that at worst case the entire site be zoned for office uses and, then, wholly obtained by ACHD as part of their intersection improvement project. Because staff believes that this concept plan may not be real feasible in its current state, similar to the last project, there is a note that it's not approved with the annexation. However, there are some concepts that staff believes should be made part of the development agreement provisions, which apply to redevelopment of this site. I wanted to stop there and explain myself a little bit with that. Depending -- again, depending on what happens with the intersection design, where the canal goes and where the multi-use path goes in this area ends up, it just may not be feasible for three buildings to make it. I'm not saying it isn't, but there is a high probability that three buildings of this size will not be able to fit on this site now. The concept plan doesn't show how much right of way they are accounting for. Here it's not to scale, so I don't know if this is just a 25 foot right of way. If this is a 48 foot right of way, then, maybe they can get the three buildings. But I think Gary -- Gary Inselman from ACHD is here and may have a comment or two to add, maybe an update, because I talked to ACHD, it's been a couple of months ago now and that memo is a couple of months old, so he may be able to provide the Council with an update on where their plans are going or where they are at now. I guess similar to the rezone there on Cheny and Linder, staff will make sure that each of the buildings complies with all the UDC standards at certificate of zoning compliance. The Comp Plan. The Comp Plan actually has this site designated for medium density residential uses. However, in 2004 the City Council approved a resolution which amended the Comprehensive Plan to include the following language and I quote: At the discretion of the City Council, areas with a residential Comprehensive Plan designation may request office uses if the property has frontage on an arterial street or section line road and is three acres in size or less. In this instance no ancillary commercial uses shall be prohibited. So, the subject property does have access on an arterial. In fact, there is two, and they are less than three Meridian City Council February 13, 2007 Page 38 of 47 acres in size, 2.4 acres, so they do meet that criteria. So, if the Council finds that the zoning is appropriate for the site, they are eligible through that amendment to the Comprehensive Plan. There are several specific development agreement provisions for this site. I'm just going to highlight a few of them, I believe. I talked about how it's principally permitted uses within the L-O zone only are what we are looking for here, no ancillary commercial uses or other conditionally allowed uses, they need to be principally permitted office uses in the zone. We are proposing that the hours of operation be limited to 6:00 -- from 6:00 a.m. to 10:00 p.m. That up to three office type buildings be constructed, that those buildings have some stucco and stone accents. The landscape buffers on the arterials. Aland use buffer if there is residential uses. There currently is a residence to the north now. If they develop and that residence is still there, a 20 foot wide buffer would be required to the north, as well as to the east. There is a restriction for a vehicular access. Probably the one I want to talk about the most is what happened at the Planning and Zoning Commission on December 21st. Matt Morgan, who is the applicant, who testified. Frank Lee -- and I notice that Frank's in the audience today, is the applicant's attorney. He testified as well. There was no one in opposition and no one just generally providing comments and we received no written testimony from the general public. I presented the application. This is what I wanted to get to. The discussion at the commission generally centered around access to McMillan and Locust Grove and the future platting of this site. The Commission, in addition to the right-in, right-out driveway to Locust Grove, the Commission voted to allow a temporary vehicle access to McMillan Road and staff had recommended no access to McMillan Road. So, staff -- because of the driveway to Portico -- I'm sorry, the public street to Portico Place was about 80 feet away, staff didn't think it was a good idea to have another access to an arterial street at that location. The Commission did grant the applicant's request on a temporary basis for this driveway here. And also required that that driveway be closed once access to the east is provided. The applicant -- they also required the applicant to submit a surety in order to close that driveway and, you know, put landscaping where the driveway is and those types of things. And to make that be a common lot as part of a future subdivision. I just wanted to comment on some of that just real quick. So, the cross-access similar -- again, similar to the one that we heard earlier tonight, the driveway would be constructed to the further -- furthest east property and, then, a public street comes up this side of this site. Once this property develops, an access to that public street is granted here, the driveway out to McMillan goes away and they take access to the public street, kind of in that maneuver there. So, that's -- that's, essentially, the game plan there on a temporary basis. A couple of outstanding issues for the Council. During the Planning and Zoning Commission hearing in December the applicant stated that he was preparing to submit a preliminary plat for the site within 30 days. Since that Commission hearing in December staff has not had a request for apre-app meeting on subdividing the subject property. As stated in the Planning and Zoning Commission hearing, staff believes that allowing and enforcing the temporary status of the driveway will be difficult without a plat and plat notes about access. So, staff is just requesting that the applicant provide the Council with an update regarding the timing of filing a preliminary plat on this site. Also, as noted in staffs report, ACRD is currently working on a concept study for this intersection design and I think I pretty much mentioned this, ~ ~ Meridian Ciiy Council February 13, 2007 Page 39 of 47 that there is a question still of whether -- how much of this site, if any or if all, is going to be needed to accommodate that intersection design and staff is recommending that the Council determine whether the annexation and zoning of this property to L-O is in the best interest of the city at this time. So, with that I think I pretty much covered my notes and there are some elevations -- I guess maybe I should show you those real quick. Some pictures that were taken that were submitted were shown also to the Planning and Zoning Commission. So, with that I will stand for any questions you may have. De Weerd: Okay. Council, any questions for staff at this time? Is the applicant here? Lee: Good evening, Mayor, Members of the City Council. My name is Frank Lee. My address is 601 West Bannock Street in Boise, Idaho. Caleb did a very good staff report about this particular project. The primary issue that was discussed at the Planning and Zoning Commission, as Councilmember Zaremba might remember, is about access and, basically, the issue is that limiting this particular site to one access off of Locust Grove would create more traffic problems than it would solve and that having a temporary access on McMillan until you can connect to the public street that's being created to Portico, is the best way to solve it. I understand staffs concerns about the enforceability of it, but this particular project will already have a development agreement in it and this would have a provision that is, you know, properly within a development agreement and I'm not at all concerned that the city's interest would be adequately protected through that. You don't actually need a plat and a plat note. During the Planning and Zoning Commission hearing Matt Morgan, the applicant, did indicate that he expected a plat application to be filed -- or a subdivision application to be filed within 30 days and when we saw the staffs report when it was released about a week ago, we -- Chris Highland, our engineer -- and I'm not happy that we don't have an actual plat to submit now, but it is forthcoming very quickly and we intend to move forward on that. The concept site plan that you see there actually has the right of way that ACRD told us originally that they were going to request and as I understand it from my discussions with Kendall Kemmer of ACHD, including one this morning, ACHD's plan -- and Gary Inselman might, you know, give us more information on it, but ACHD's plan is to have McMillan be five lanes and so they ask for 96 feet of right of way and we have had that taken out. On Locust Grove they wanted it to be a four lane road and so they wanted 82 feet and we took that out on this plan and based upon my discussions with Kemmer - - Kendall Kemmer of today, kind of there is -- as I understand it, there is two big issues remaining. One, that ACHD might want to buy the whole site to provide drainage, which if they want to do it, fine, they can do it and there is really nothing we can do about it. And the second thing is that right now the Lemp Canal goes diagonally across through the intersection from south to north and that creates a practical constructability issue when they are going to renovate the -- and widen the intersection. I will effectively require them to shut the whole intersection at the same time while they change this canal and what they want to do is cross over either Locust Grove south and, then, back up north of McMillan on the east side of -- on the west side of Locust Grove or bring the property -- bring the canal north over McMillan on the east side of Locust Grove and, then, cross Locust Grove on the north side. One of the points I had in my discussion with Kendall this morning that I don't think that relocating the canal, as long as it is Meridian City Council February 13, 2007 Page 40 of 47 buried, will be an issue that affects our design, because he's pointed out that they really only need about eight feet and I think that's plenty of room there for an easement and if they are going to daylight it, then, they need probably 24 feet, which is, you know, a very expensive way to deal with the relocation of a canal when you're having to bury it twice. You ought to just leave it buried. And so, you .know, people have different opinions on that. But, basically, we don't view those as significant issues and we are open to working with ACRD however they want to. They had originally envisioned having this process and some of the decisions made by now in February, but I'm told now that they are extending this off to June. So, you know, there is still -- ACHD still needs additional time to make some of their decisions, but we are happy to move forward as is, because I really don't imagine that this will be -- what we are planning will be too much of an effect, unless they want to buy the whole site, and we will certainly work with ACHD in their planning process. So, with that I will stand for any questions that you might have. De Weerd: Okay. Council, any questions? Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: It might be enlightening to the Council for you to review the discussion with the neighbor that surrounds on both sides, the discussion about either cross-access or how soon they might develop. Lee: Yes. The neighbor on --that surrounds the property on the east and the north -- Zaremba: And the north. Lee: -- and the north, we have made an attempt, as other developers have, to acquire that property, because it makes sense to, you know, develop that as a coordinated piece and she is an elder -- and older woman who is still of sound mind and she has made it abundantly clear that, you know, she will shoot any developers that come trying to talk to her about access and she really doesn't want to develop it now, but, as a practical matter, we want our site to work -- that eventually will be developed and we want our site and this area to work right when it's eventually developed and we think that providing this cross-access is the way to do it in the future and providing the temporary access that was discussed and approval by the Planning and Zoning Commission is the way to handle things until, you know, she moves on and the property is up for development. Zaremba: Thank you. De Weerd: Thank you. Any other questions from Council? Okay. Thank you. Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Then, we want to hear from Ada County Highway District. Meridian City Council February 13, 2007 Page 41 of 47 Inselman: Madam Mayor, Members of the Council, Gary Inselman, Ada County Highway District, 3775 North Adams, Garden City. Before I left the office this afternoon I had Kendall, our project manager, check with our consultant on what they thought our right of way needs would be for the various options that we are considering. First off, we are not prepared to buy the parcel at this time. We have no idea if we really, truly, need the whole parcel. So, until our concept study is done that's not really an option we are prepared to pursue. However, the option with moving the canal -- it would actually move across McMillan near this property's east property line and, then, run along the north side of McMillan and cross Locust Grove. There is several advantages to that and advantages that Settler's Irrigation District is favorable to, so it is an option that we are looking at. However, our discussion this afternoon with the consultant showed that that would require a 30 foot easement for that, because Settler's does not want it covered, they want it left open. So, I think it would have an impact on this project. Our right of way needs, we figure we need 41 feet from the section line on McMillan Road under either scenario from this parcel and 35 feet from the section line on Locust Grove. However, depending on where that canal lines up, it would have an impact on this parcel if it needs to be relocated to the north side of the road. Mr. Lee was correct, we are extending this concept study awhile. It got bogged down in some traffic study scenarios a few months ago. We are having our first public information meeting actually next week on the 22nd and, then, we hope to wrap it up sometime around June. But the final decision, if the parcel is annexed and rezoned and a development application is forthcoming to the highway district, we will proceed as best we can with the information we have at the time and do the best we can. If I can answer any questions you may have. De Weerd: Council, any questions? Bird: I have none. Rountree: None. De Weerd: Thank you. Okay. Is there any further testimony? Do you have anything you would like to add? Okay. Thank you. Okay. Council? Rountree: Madam Mayor, just an observation. I don't know if it's me or what, but it's most unusual to have an annexation and zoning request before Council without a preliminary plat. To be honest with you, I don't know that I can remember one, but I'm sure we have had some, because memory is going. Berg: Very few. Rountree: Very few. We heard this evening that we might have the engineering soon. Before we close the hearing or possibly leave the hearing open, I just wanted to make that comment, because my -- the direction I would go would be to continue this hearing in anticipation to have the preliminary plat show up so we could have a package, ! ~ Meridian City Council February 13, 2007 Page 42 of 47 instead of guessing at what might be happening on this particular parcel. So, that's my take on it. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would comment that -- not to speak for all of the Planning and Zoning Commissioners, but as I was one when this came before the hearing, it was my anticipation that the question about how soon there would be a preliminary plat was intended that the preliminary plat would catch up with this annexation and zoning and it would be heard by the Council at the same time. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would agree with Councilman Rountree, Idon't -- if we had passed any without -- annexation and zoning without a preliminary plat has been few and far between. I would be in favor of continuing it on until we see a preliminary plat before us. De Weerd: Okay. Rountree: Madam Mayor, if, in fact, that's where we go, my question is how do we apply a date certain to that, which I believe we need to do. De Weerd: Mr. Baird. Baird: Madam Mayor, Members of the Council, to avoid re-noticing, that would definitely be my recommendation, to set it to a date certain. You might want to have a conversation with the planning staff and the applicant to see what kind of time frames that they would be looking at should you desire to go that direction. Rountree: We could hear from the applicant and, then, we will get staffs comment. Hood: Madam Mayor, Members of the Council, while he's coming forward maybe I can get some specific dates. Without having a plat in hand yet, generally it's about four months before it gets up to the Council after the complete application. We have a bunch of Comp Plan amendments that are on the first hearing for the Planning and Zoning Commission in April. I would guess mid May is going to be the first available time that they could be on your agenda. Now, I'll look at my calendar to see when and maybe throw out a couple dates there and if it doesn't catch up you can continue that one more time, but that's assuming they get something to us here real soon, so -- De Weerd: Okay. Mr. Lee. • Meridian City Council February 13, 2007 Page 43 of 47 Lee: Mayor de Weerd and Members of the Council, the applicant's original intention was actually not to subdivide the property at all, it was just to simply hold it as three office buildings and lease them out to professional offices and that was the reason why just the preliminary plat application was never submitted at the same time and -- I mean he has decided in part to help ACHD make some of the decisions, to submit a preliminary application -- plat application, although he probably won't actually enter into a transaction -- a sale transaction for some time. But he was -- he is hoping that he will be able to get this approved so he can actually build some of these -- an office for a dentist who is interested in moving into this particular parcel and not holding it up until May or later on, because the plat application process does take some time and from his perspective he's happy to build professional office buildings and lease them out and maybe never subdividing it. So, from his perspective he's not necessarily in a terrible hurry to file the plat application for his own reasons. But he understands that there is other benefits to doing so. So, obviously, this is your decision, you can make whatever decision you think is appropriate, but recognize that the development agreement does limit this to principal uses allowed, medical offices, dental offices, that sort of stuff and the plat won't necessarily control what's eventually going to be built there and -- at least in our view. With that I'll stand for any questions you might have about that. That's a quirk that you probably didn't really think about, but that's our perspective. De Weerd: Okay. Council? I guess since there is still a lot of questions regarding the road and that sort of thing, I have a favorite councilman I like to quote, that, you know, with some of the questions that are still remaining on this, that it seems ahead of its time, but that's certainly in your ballpark. I would ask if you would like to continue this, to close the Public Hearing and make aruling -- what is your pleasure? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I can't speak for the rest of the Councilmen, but I think the applicant just basically told us that they are not wanting to wait for any preliminary plat and to make our decisions off that. I'm ready to vote and make a decision. De Weerd: Okay. Thank you, Mr. Bird. I would need a motion either way, to close the Public Heating so a decision can be made, or to continue the Public Hearing. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I would move we close the Public Hearing on Item 18, AZ 06-054. Bird: Second. • • Meridian City Council February 13, 2007 Page 44 of 47 De Weerd: Okay. I have a motion to close the Public Hearing on Item 18. All those in favor say aye. Any opposed? All ayes. MOTION CARRIED: ALL AYES. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I share the concerns of staff and Councilman Rountree and perhaps other members of the Council that going forward with an annexation without the plat, I don't feel comfortable doing it. I'm not inclined to rush to do it today. So, I would move that we deny Item 18, AZ 06-054. Rountree: Second. De Weerd: Okay. I have a motion and a second to deny Item 18. Is there any discussion? Okay. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 19: Ordinance No. 07-1296 AZ 06-032 Request for Annexation and Zoning of 29.31 acres from RUT to an R-8 zone for Tri ogv Subdivision by Conger Management Group -south side of Chinden Boulevard and east of Black Cat Road: Item 20: Ordinance No. 07-1297 AZ 05-060 Request for Annexation and Zoning of 4.92 acres from RUT to C-G zone for Ada County Highway District Ustick Road Property by the Ada County Highway District - 3595 East Ustick Road: Item 21: Ordinance No. 07-1298 AZ 06-050 Request for Annexation and Zoning of 4.64 acres from RR to an R-8 zone for Tree Farm Addition by Treehaven, LLC - 6745 North Black Cat Road: De Weerd: Okay. Items 18, 19 and 20 are ordinances 07-1296, 07-1297 and 07-1298. Mr. Berg, will you, please, read these three ordinances by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 07-1296, an ordinance for annexation of the property being a portion of the north one half of the northwest one quarter of Section 27, Township 4 North, Range 1 West, Boise Meridian, Meridian City Council February 13, 2007 Page 45 of 47 Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-8 in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Berg: Ordinance 07-1297, an ordinance for annexation of property located in the east one half of the east one half of one and four in Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and temtories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to C-G in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Berg: And Ordinance 07-1298, an ordinance for annexation of properly being located in Section 21, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from R-R to R-8 in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. De Weerd: Thank you. You have heard the reading, but by title only. Is there anyone who is a masochist enough to want to hear it in their entirety? Didn't have to use masochist, but just thought I'd throw that in to see if you were alive over there. Okay. Hearing none, Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve ordinances 07-1296, 07-1297, and 07-1298, with suspension of rules. Rountree: Second. De Weerd: Okay. You have heard the motion. Mr. Berg. • • Meridian City Council February 13, 2007 Page 46 of 47 Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 22: Executive Session per Idaho State Code 67-2345(1)(c) - (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency) $ (fib - (to consider and advise its legal representatives in pending litigation): De Weerd: Okay. Council, I need a motion to adjourn into Executive Session. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(c), (1)(~• Rountree: Second. De Weerd: Okay. Thank you. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: De Weerd: Okay I would entertain a motion to come out of Executive Session. Bird: So moved. Rountree: Second. De Weerd: All those in favor say aye. MOTION CARRIED: ALL AYES. Meridian City Council February 13, 2007 Page 47 of 47 De Weerd: Do I motion to adjourn? Rountree: So moved. Bird: Second. De Weerd: All those in favor. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 11:20 P.M. (TAPE ON FIL~F ~F THESE PROCEEDINGS) AP ~/oe ~~~o~~ /Di~fjde~.t ATTESTED: i / ~~ / ~ DATE APPRpW ~ ~~.~~~'''~<, ne.~ ; ~.~~ , ~~ ~~' ~-~ - ` y°` ~ ~- I G. BERG ~R., CLERK e~~ r ~~ ~- >zs~ . ,,~ ~ \,v~ 4~ '~~~~~e~iroii ioew~~~~~ ~' • February 9, 2007 MERIDIAN CITY COUNCIL MEETING February 13, 2007 APPLICANT ITEM NO. S REQUEST Recognition of Jerry Knox with Meridian Senior Center 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: Q 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: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at publk meetings shall become properly of the City of Meridian. M M February 9, 2007 MERIDIAN CITY COUNCIL MEETING February 13, 2~7 APPLICANT ITEM NO. 6 REQUEST Proclama#ion for FFA Week AGENCY COMMENTS CITY CLERK: See attached 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: K/~ 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: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubUc meetings shall become property of fhe CNy of Meridian. z.. <~ ,. ~t~ A~'~ • a, T ~~;~- >«~ ~~ <- e t~~fice of tote a-~fcayor "VVFerea~, the'future Farmers t~f America and agricultyre education provide a .strong. foundation for the ;youth, of America and fihe futare of the food, frber and natural resources systems; grad 'lNfiereas, th® FFA~promotes prerrrer leadership, personal growth and career success among its merttbers; and "11~Fiereas, agriaa(ture education and the FFA ensure aateady suppiy of young professionals to meet the growing dema~tls in the saenc~, business and technology of agriculture; and '~e7'`4'ut the FFA motto - Li®arning to do; doing to learn, earning to live, living to serve" - given. direcfiion of purpose to these students who take a active role in siding in agricultural education; and ~1Nfi~-real, the ,FFA promotes citizenship, volunteerism, patriotism and cooperation; ?~ere~`Erre,' t, Tamrriy de Weerd,. Mayor of the:- Ci#y of Meridian, do hereby proclaim the week of Febnaary 17 through 24, 2007, as ~.f'L i' Y in tie City of Meridta~t in .reos~gnrtion for the success af~tke ..Future Farmers of America. J'rogram in this community. Dated this 13tH day ~ February, 2t~7. ` ~~y~-ter Tam said, Mayor Jae Burton, City Council Charlie Rountree,-City Coun+ Keith bird, City Council David Zaremba, City Council r~ _~ ~' .. e ~ ¢ ~ ~. ~. t* V _ i CITY OF ,~~`~ ~~~ ~ ~ ~ "~` , .... ~, z, l1 IDAHO , V~ 2Fie Office of t`ie ~1~layor P R O C L .~l .741.~l ~I O N "1Nhereas, the Future Farmers of America and agriculture education provide a strong foundation for the youth of America and the future of the food, fiber and natural resources systems; and 1NFcereas, the FFA promotes premier leadership, personal growth and career success among its members; and "1Nhereas, agriculture education and the FFA ensure a steady supply of young professionals to meet the growing demands in the science, business and technology of agriculture; and 1Nhereas, the FFA motto - "teaming to do, doing to team, eaming to live, living to serve" -gives direction of purpose to these students who take a active role in succeeding in agricultural education; and 1Nhereas, the FFA promotes citizenship, volunteerism, patriotism and cooperation; ~Fierefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim the week of February 17 through 24, 2007, as ,~,~'.~l 1NEE9C in the City of Meridian in recognition for the success of the Future Farmers of America Program in this community. Dated this 13th day of February, 2007. Tammy de Weerd, Mayor Joe Borton, City Council Charlie Rountree, City Council Keith Bird, City Council David Zaremba, City Council r • FFA Facts for the Media FFA Mission FFA makes a positive difference in the lives of students by developing their potential for premier leadership, personal growth and career success through agricultural education. Who can be an FFA member? • Any student in grades 7-12 who is enrolled in an agriculture course at a public school may join FFA. A student can maintain membership up to three years after graduating from high school, or until they are 21 years of age. • With 7,242 chapters and 495,046 members nationwide, FFA is found in urban, suburban and rural schools. • FFA members live in big cities including Chicago, New York and Detroit, to small towns like Throckmorton, Texas. • More than 70 percent of members are from rural, non farm urban and suburban areas, with the remaining from farming communities. What does the future hold for FFA members? • Today's FFA members are tomorrow's leaders, pursuing careers in production agriculture, politics and becoming corporate executives. • FFA members can look forward to unlimited career and personal successes in life. • The leadership skills developed in FFA will serve a student for the rest of his or her life. A Little History Lesson While looking ahead to the promising future of FFA is important, it is essential to understand the past. Take a moment to review these pertinent events in FFA history. • 1928 -The Future Farmers of America was established in Kansas City, Mo. It consisted of 33 members from 18 states. • 1929 -The official FFA colors were established -National Blue and Corn Gold. • 1933 -The first FFA jacket was donned at the national FFA convention and was quickly adopted as the official dress of the organization. Today, the jacket is the most recognizable symbol of FFA. • 1935 -New Farmers of America (NFA), an organization for African-American students interested in agriculture, was formed in those states where schools were segregated. • 1965 -The FFA and the NFA merged, increasing FFA membership by 50,000. • 1969 -Women were admitted to national FFA membership, allowing them to run for office and compete in Career Development Events. Today, women hold nearly 50 percent of FFA state leadership positions. • 1988 - To recognize the expansion of traditional agriculture into the sciences and technology, Future Farmers of America officially became known as the National FFA Organization. • 1998 -The National FFA Organization's national business center moved to Indianapolis. Did you know? FFA has touched the lives of many prominent leaders in business and government, professional athletes and celebrity entertainers. For a complete list of notable former FFA members, visit www.ffa.org/about ffalhtml/ffa formermembers.html. cYrv~ 17-2420^ ~..a. ~, IY 7 1 1~ATI NAL ~'~ ~ITEEK i i Whereas, the FFA and agricultural education provide a strong foundation for he youth of America and the future of the food, fiber and natural resources systems, antl i j Whereas, the FFA promotes .premier leadershfp,'personal growth and career success among ~ ~ ~ its members; and 1 y ~ ~ Whereas, agricultural education and the FFA ensure a steady supply of young. professionals to meet the rowin demands in'the science, business ar-d technolo of a nculture; and a~ i 9 9 gy g i Whereas, the FFA motto - °learning to do, doing to learn,. earning to live, living toserve" -gives direction of purpose to these students whotake an active role in succeedingin agricultural education; ;~ and Whereas, the FFA promotes citizenship, volunteerism, patriotism and cooperation,' ~ ., . gym; S~ ,~~ ; Therefore, I tlo hereby designate the week of February 17 through 24, 2007, as FFA Week. ~~ ; ~~t j,'. ~. - ~ ~ _ (Signature) r ` ~' wv~rw.ffa.or i ~' ~t ~~ ...' ~~-~.w4=: i II r~.-.i N'il^ ~~~~1'~'11'i ~ I ~I i ~ _ =~~1 I ~ ~l ~.. ,~, ~~~"~;r.f~l•"y'~ j ~•~ ~ ~. ~ '~ >, .,.~ ~' y r~ 1.~.. y14k'~', ~. ~ ''.-^ - 4. ~f 1" ~ L~. F it ~1 ~,~w f~~l rb~ I I ; 1~, >~~~-'P~; ,~ ~ ~; e o• e ;_ TO COMMEM~JRATE FF~ ~1V'EI~ 2007, 'THIS CERTIFIC'T IS FI~ESENTED TO inappreciation for helping deve op students' potential for premier leadership, personal growth and career success through agricultural education. presented this day of 2007 Chapter President Chapter Advisor. wwwf fa.org ~~, 3« 9,. ~ ~ ~I~ i11 , ~3 f ~I'i`-;' ~i ~~~'~ j"~{' ~ ~~~.., .~" ~~~: «~~F ~'~. I ~~` a"`r I ~ ~li~,'`I3 ". ~',~ , , ~, /~ s. yry5. ,i ~lll: M • FF/~1 nit Agricu~tc~r l Edu~at~~n Fact The FFA Mission FFA makes a positive difference in the lives of students by devel- oping their potential for premier leadership, personal growth and career success through agricul- tural education. The National FFA Organization motto is: Learning to Do; Doing to Learn; Earning to Live; Living to Serve. Membership The FFA membership of 495,046 and 7,242 chapters represents all 50 states, as well as Puerto Rico and the Virgin Islands. FFA is a diverse organization, operating in rural, urban and suburban schools Students aged 12-21 enrolled in agricultural education programs are eligible for membership. Science, Business and Technology The organization changed its name in 1988 from Future Farmers of America to the National FFA Organization to reflect its evolution in response to expanded agricul- tural opportunities encompassing science, business and technology in addition to production farm- ing. FFA members, who may enter the workforce directly from high school or pursue higher degrees through technical schools and four-year universities, are pre- paring for careers in agricultural marketing, processing, commu- nications, education, horticulture, production, natural resources, forestry, agribusiness and other diverse agricultural fields. Federally Chartered FFA was organized nationally in 1928 in Kansas City, Missouri. In 1950, Congress granted FFA a federal charter, making it an inte- gral, intracurricular part of public agricultural instruction under the National Vocational Education Acts. FFA receives no federal funding. Structure FFA operates on local, state and national levels. Student members belong to chapters organized at the local school level. Agricultural educators serve as chapter advi- sors. Chapters are organized under state associations headed by an advisor and executive secretary, often employees of the state department of education. States conduct programs and host annual conventions. The National FFA Organization, governed by a board of directors, charters state associa- tions; provides direction, program materials and support; and hosts the national FFA convention, which draws more than 50,000 attendees annually. The National FFA Alumni Association, with a membership of more than 40,OOD, assists students in the continued growth and devel- opment of active FFA programs. National FFA Organization 6060 FFA Drive, P.O. Box 68960 Indianapolis, IN 46268-0960 Telephone 317-802-6060 Fax 317-802-6061 wvrw.ffa.org Membership • Today, there are 495.046 FFA members, aged 12-21, in 7,242 chapters in all 50 states, Puerto Rico and the Virgin Islands. • 38% of FFA members are female; women hold more than 47% of state leadership positions. • 81% of FFA membership is Caucasian, 12% is Hispanic and 4% is African-American. • 89% of FFA members are in grades 9-12, 6% are in grades 7-8 and 5% are high school graduates. • 27% of FFA members live in rural farm areas, 40o/a live in rural nonfarm areas and the remaining 33% live in urban and suburban areas. • FFA chapters are in 15 of the 20 largest U.S. cities, including New York, Chicago and Philadelphia. • The 2005 National FFA Convention was host to 52,396 FFA members, advisors and supporters. Education • More than 10,000 agriculture teachers deliver an innovative, cutting-edge and integrated curriculum to students. 92% of agricultural education programs offer agriscience, 71% offer advanced agriscience and biotechnology, 59% offer agricultural mechanics, 49% offer horticulture, 43o/a offer animal science and 24% offer environment- related courses. • 23% of agriculture teachers have five or fewer years of teaching experience. • The shortage of qualified agriculture teachers is the greatest challenge facing FFA and agricultural education. r ~ Career Preparation The agricultural education program provides a well-rounded, practical approach to learning through three components: classroom educa- tion in agricultural topics such as plant and animal sciences, horticulture, forestry, agrimar- keting, etc.; hands-on supervised agricultural experience such as starting a business or working for an established company; and FFA, which provides leadership opportunities and tests students' agricultural skills. Programs and Activities Local, state and national FFA programs and activities. help members develop public speaking skills, conduct and participate in meetings, manage financial matters, strength- en problem-solving abilities and assume civic responsibilities. Degrees earned at local, state and national levels recognize members' increasing accomplishments. p #'~`: ~[ Student Leadership FFA members elect their own officers and plan and conduct activities with supervision from their chapter advisors. A team of six national officers, typically college students taking a year out of their studies, plays a key role in plan- ning the national convention and other events, traveling more than 100,000 miles during their year of service representing FFA FFA Foundation The National FFA Foundation, headquartered in Indianapolis, Indiana, works with business and industry, organizations and individuals to raise funds to recognize FFA achievements and to support activities at local, state and national levels. The foundation's address is P.O. Box 68960, Indianapolis, IN 46268-0960. Telephone 317-802-6050. Fax 317-802-6051. IVledia Contact William F. Stagg, Division Director, Information Services, bstagg@ffa.org, Telephone 317-802-4243. Headquarters The National FFA Organization is headquar- tered at the U.S. Department of Education as a part of agricultural, food and natural resources education in the Office of Vocational and Adult Education. The business center of the National FFA Organization is located at the National FFA Center in Indianapolis, Indiana. I ~ ~ S~P ~4 1 A C K E T 5 u- it The National FFA Organ¢etion affirms its belief in the value of all human beings and seeks diversity in its membership, leadership end staff as an equal opportunity employer. Agricultural Education prepares b;~ students for successful careers and a lifetime of informed choices in the globe) agriculture, food, fiber end ~.~ ;_~ " natural resources systems. The National FFA Organ¢atfon is a resource and support organizaticn that does ' ` not select, control or supervise state association, locrel chapter or individual member activities except as ~ ~ expressly provided for in the National FFA Organ¢etion Constitution and Bylaws. © 2006 National FFA Organization Career Exploration • FFA members participate in hands-on work experiences, allowing them to apply knowledge learned in class. • Collectively, FFA members earn $4 billion annually through their hands-on work experiences. Members participate in and learn advanced career skills in 49 national proficiency areas based on their hands- on work experiences ranging from food science and technology to agricultural communications to wildlife management to production agriculture. According to the student magazine readership study, 87a/o of our students are interested in learning about career exploration, 81a/o about college preparation and 81% about technology. • Through 23 national career development events and one activity, FFA members are chal- lenged by real-life, hands-on tests of skills that prepare them for career success. Industry Support Agriculture is the nation's largest employer, with more than 24 million people working in some area of the industry. FFA prepares members for more than 300 r~reers in the science, business and technology of agriculture. • In 2005, 1,900 sponsors provided more than $10 million for FFA and agricultural programs, activities and scholarships. • FFA scholarships have totaled more than $24 million over the last 20 years. • 1,822 students of agricultural education benefited from FFA scholarships for the 2006-2007 school yeas. • February 9, 2007 MERIDIAN CITY COUNCIL MEETING February 13, 2007 APPLICANT ITEM NO. 7-A REQUEST Approve Minutes of December 12, 2006 City Council Regular 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: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. February 9, 2007 AZ OS-060 MERIDIAN CITY COUNCIL MEETING February 13, 2007 APPLICANT Ada County Highway District ITEM NO. 7-E REQUEST Development Agreement -- Request for Annexation and Zoning of 4.92 acres from RUT to C-G zones for Ada County Highway District Ustick Road Property 3595 East Ustick Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: 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: COMMENTS See attached Development Agreement OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. nrn wVlll l Il6YYRyGR ~. YMYIY NlIYARRU AlYNIJNI .1I0 ~ • 8018E IDAHO 021231 :42 PM II ++ ++ tt DEPUTY PaiBTho + ~~I ~~~~~~~I~I~~~~~~~~~~~1~~~~~~~~~~~~ RECORDED-REQUE OF City of ~eridtan 1 ~74~26~~7 INTERAGENCY A~ ` ~ ~ + --~ - - PARTIES: 1. City of Meridian 2. Ada County Highway District, a body politic and corporate of the State of .Idaho, Owner THIS INTERAGENCY ACxREEMENT (this "Agreement"), is made and entered into this day of February, 2007, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called "CITY', and Ada County Highway District, a body politic and corporate of the State of Idaho, whose address is 3775 Adams Street, Gazden City, Idaho 83714 hereinafter called "ACRD". 1. RECITALS: WHEREAS, Idaho Code § 67-2332 expressly authorizes the "CITY" and "ACRD" to enter into agreements to perform any governmental serrrice activity, or undertaking that is authorized by law and within the power, privilege or authority of said agencies; and 1.1 WHEREAS, "ACRD" is the sole owner, inlawand/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. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require orpermit as acondition of re-zoning that the owner make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of the Meridian Unified Development Code, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "ACRD" has submitted an application for annexation and zoning of the "Properties" described in Exhibit A, and has requested a designation of (C-G) General Commercial, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "ACRD" 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 WFIEREAS, 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 DEVELOPMENT AGREEMENT (AZ OS-060) ACRD - USTICK RD/EAG]LE RD -PAGE 1 OF 9 i • Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 9a' day of May, 2006, 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 "ACRD" to enter into an agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "ACRD" deems it to be in its best interest to be able to enter into this Agreement and acknowledges • that this Agreement was entexed into voluntarily and at its urging and requests; and 1.10 WHE1tEAS, City requires the "ACRD" to enter into an agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Properly" is in accordance with the terms and conditions of this agreement, herein being established as a result of evidence received by the "City" in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and toensure re-zoning designation is in accordance with the amended 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. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. TIEFINITIONS: For all purposes of this Agreement the fallowing words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "ACRD": means and refers to Ada County Highway District, a body politic and corporate of the State of Idaho, whose address is 3775 Adams Street, Garden City, ID 83714 the party that owns and is developing said "Property" and shall include any subsequent owners and/or developer(s) of the "Property". DEVELOPMENT AGREEMENT (AZ OS-060) ACFID - USTICK RD/EAGLE RD -PAGE 2 OF 9 • • 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 C-G (General Commercial District) 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 Unified Development Code which are herein specified as follows: Carastrrectlan of a corlector roadway with the remainder of the property to be said far future commercial use in the proposed C-G zone. The pertinent provisions of the City of Meridian Comprehe~asive Plana are applicable to this AZ OS-060 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. "ACRD" shall develop the "Property" in accordance with the following special conditions: 5.1.1. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traff c, noise, smoke, fumes, glare or odors. 5.1.2. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 5.1.3. That the "ACRD" will be responsible for coordinating the sewer and water main extension with the Meridian City Public Works Department. 5.1.4. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services aze available from the City of Meridian. Wells maybe used for non-domestic purposes such as landscape irrigation. DEVEI.QPMENT AGREEMENT (AZ 05-060} ACRD - USTICK RD/EAGLE RD -PAGE 3 QF 9 5.1.5. That prior to any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. 5.1.6, That a street buffer, constructed in accordance with City Code, be installed along Ustick Road and the future collector roadway. 5.1.7. That when a preliminary plat is submitted to the City, the entire 4.92 acres that are the subject property for AZ OS-060 will be included within the boundaries of said plat (no out-parcels). 5.1.8. That when a preliminary plat is submitted to the City, no direct access to Ustick Road will be allowed. As such time as individual uses are proposed, direct access shall be prohibited. This is not intended to prohibit a public street connection to Ustick Road. 5.1.9. That in any case of any division of the property cross access to pazcels south and west of the site be granted at intervals to be determined by "ACI-iD". 5.1.10. That a landscape buffer will not be required alang the east side of the future collector roadway. That fencing, however, will be provided by the "ACRD" along the eastern boundary of this site, unless the adjacent use if a commercial or institutional use and does not want fencing installed. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "ACRD" successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this Agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF Z(?NING DESIGNATION: "ACRD" consents upon default to the reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "ACRD" and if the "ACRD" fails to cure such failure within six (6) months of such notice. 8. INSPECTION: "ACRD" 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 Agreement and all other ordinances of the "City" that apply to said Property. DEVELOPMENT AGREEMENT (AZ OS-060) ACFID - USTICK RD/EAGLE RD--PAGE 4 OF 9 9. DEFAULT: 9.1 In the event "ACRD", successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by "City" of any default by "ACRD" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "ACI~D's"cost, and submit proof of such retarding to "ACl-ID", prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the "Property" by the City Council. Tf for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "ACRD", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybe sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "ACRD" 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. 12.2 In the event the performance of any covenant to be performed hereunder by either "ACl-ID" or "City" is delayed far 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 similaz causes, the time for such performance shall be extended by the amount of time of such delay. DEVELOPMENT AGREEMENT (AZ OS-060) ACRD - USTICK RD/EAGLE RD -PAGE 5 OF 9 • • 13. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code, to insure that installation of the improvements, which the "ACRD" agrees to provide, if required by the "City". 14. CERTIFICATE OF OCCUPANCX: The "ACRD" agrees that na Certificates of Occupancy will be issued until all improvements aze completed, unless the "City"and "ACRD"has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, na Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That "ACRD" 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 Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c% City Engineer City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 OWNER: Ada County Highway District, a body politic and corporate of the State of Idaho 3775 Adams Street Garden City, lD 83714 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as maybe 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. 1$. 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 DEVELOPMENT AGREEMENT (AZ OS-060) ACRD - USTICK RDBAGLE RD - FAGE 6 OF 9 • • 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. 19. BINDING UPON SiTCCESSORS: 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 "ACRD" 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 benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "ACRD", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "ACRD" has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision ofthis Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "ACRD" 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 "ACRD" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 21.1 No condition governing the usesand/or conditions governing re-zoning 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 farce at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the 1V,layor anal City Clerk. DEVELOPMENT AGREEMENT (AZ OS-060) ACRD - USTICK RD/EAGLE RD -.PAGE '1 OF 9 • • IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it effective as hereinabove provided. ADA COUNTY ffiGHWAY DISTRICT ~~~ CITY OF MERIDIAN Attest: ~~~~ WILLIAM G. BERG, ,``~`"B~~~ ' ~ 'Y T ~' :~ _; ~ ,.~ s __ ~~~ ~.~ ~,E ~~ de WEERD c.~, c~,,.~ z- i3-v ? DEVELOPMENT AGREEMENT (AZ OS-Ob0) ACFID - USTI~K RD/EAGLE RD -PAGE 8 OF 9 • STATE OF IDAHO ) ss County of Ada } On this ~~ay of 2007, befo a me the undersigned, a Notary Public in and for said State, personally appeared a,,.. on behalf of Ada County Highway District, a body politic and corporate of fate of Idaho, own or identified to me to be the 1~,~.~ of said corporation, who executed the instrument on behalf of said corporation, 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 certificate first above written. t1A~ Kt~~ Z10Tq~~ ~•+. ~P~ A~'~LtC ''4:, dP 1D ~~~ STATE OF IDAHO ) ss County of Ada ) Notary Pu lic for Idaho Residing at: '~,,; >~ ca..., My Commission Expires: s,~ ~/_4~~~ On this ~ ~~day of ~e~hy~ cc,~.~, 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and William G. $erg, Jr., known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. 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) .~r._ ~h ~.~ ~~ ~~~-- Notary Public for Idaho Residing at: '"7'n~. l GJ c~ ;}'al My Commission Expires: /~--/S =-~r DEVELOPMENT AGREEMENT (AZ OS-060) ACRD - USTICK RD/EAGLE RD -PAGE 9 OF 9 IDAHO SU RY~EY GRtJUP Project No.'06-128 DESCRIPTION FOR PARCEL A (REMNANT PARCEL) ACRD UStICiiC RpAD PROPERTY July 12, 2006 A parcel of land located in Govemmen# Lot 4 of Section 4~ T.3N,, R.1 E., B.M., Ada County, Idaho more particularly described as follows: Commencing at a 5/8" iron pin marking the NE corner of said Government Lot 4 from which a brass .cap monument marking the NW combr -of said Section 4 bears North 89°49'23" West, 1329.69 feet; thence along the North boundary line of said Section 4 North 89°49'23"-West, 166.19 feef thence South QO°35'23" West, 45.00 feet to a '/x" iron pin marking the REAL POINT OF SEGINIVING; th®nce South 89°49'23° East, 64.53 felt to a %" iron pin; thence South 44°49'23" East, 29.70 feet to a h" iron pin; thence South 00°35'06" West, $2.16 feet to a '/a" iron pin marking th8 beginning of a curve to the left; thence along said curve 45.34 feet, said curve having a radius of 237,50 feet -a central angle of 10°56'17"- and a long chord of 45.27 feat which bears South 04°53'02" East to a %a" iron pin marking the point of tangency; thence South 10°21'11" East, 91.91 feet to a %2 iron pin marking the beginning of a curve to the right; thence along said curve 29.02 feet, said curve, having a radius of 152.00 feet, a central angle of 10°56'17" arid. a long chard of 28.9 f®et which beare Southe 04°53'02" East to a ~a° iron pin marking the point of tangency;, - thence South 00°35'06" West, 1fl27.78 feet to a~'/Z' iron- pin; thence North $9°52'03"- West, 110.30 feet #o -a 5/8° Iron pin; S:USG P~oj~txslACaliQ-Ustlck Rid {05.34'{~~QACUrr[er~is~PARi1ELa,dg~ t45Q EastlNacere~wer St s~~ X30 Mer~d~; Idaho 83842 NHone .(ZgBf 846-8570 Fax (208) 884-5399 • thence North 00°35'23" East, 925.34 feet to the REAL PGINT 0~' BEGINNING containing 3.07 acres, more or less. Prepared by: Idaho Survey Group, P.C. Gregory G. Carter, P~.I..S. vas R~ BY ~~~ ~ e~ ~~ ~ WORKS 0~ TIC s:usc c~~wcHO-us~ck ~d dos-aa~~~aowmen~waac~~.a.a~ • ~_~~ ~~~~ 1 ~~ ,~ i ~ ~•~~ i4 ~~~~~~~ ~ ~i$ii ~~~~i `b- © ~ ~ ~ y a~ ~~ ~~~ ! D z O -"~D n~ og~~~~ ~~~~~~ ~ ~_~~ ''~ ~ y s o` a I ~~ 3 ~ ,y TI F~ `~ ~~ i ~~ ~ a ~ P ~ g N n+c ~~ n <~ C~~- r~ r~ r C~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAw AND DECISION 8, ORDER • ~- ~~ ~c~~l ~ i,r 1~~~~l~l -,; Yn the Matter of Annexation and Zoning of 4.92 acres front RUT (Ada Connty) to C- G(General Commercial), by ACRD. ~~ Case No(s).: AZ<05-Od0 For the City Council Hearing Date af: May 9, 200b MAY 1 8 200G City, of ~eridiea A. Findings of Fact ~f3' Cleric OfHee 1. Hearvng Facts (see attached Staff Report for the hearing date of May 9, 2006 incorporated by reference) 2. Process Facts (see attached StaffReport for the hearing date ofMay 9, 2006 incorporated by reference) 3. Application and Properly Facts (see attached Staff Report for the hearing date of May 9, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 9, 2006 incorporated by reference) B. Conclusions of Lavv 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. 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. 02-3 82 and Maps. 3. The conditions shall be reviewable by the City Councifl pursuant to Meridian City Code § i l-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CI'T'Y OF MERIDIAN FINDINGS OE FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). A?~OS-06~ -PAGE 1 of 3 ! r 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval aze imposed. 6. That the City has granted an order of approval 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 Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description and Development Agreement all in the attached Staff Report for the hearing date of May 9, 2006 incorporated by reference. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: The applicants request for Annexation is approved subject to the Development Agreement in the attached Staff Report for the hearing date of May 9, 2006 incorporated by reference. D. Attached: Staff Report for the hearing date of May 9, 2006 rd By action of the City Council at its regular meeting held an the ~ ~ ~' day of 2006. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COTJNGIL MEMBER KEITH BYRD MAYOR TAMMY de WEERD VOTED_~~~ VOTED_~~~ VOTED /! 'r'*~'"~""''y VOTED_ ~~~~ VOTED _w__.~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). A7.-OS-06Q -PAGE 2 of 3 (TIE BREAKER) Copy Served upon Applicant, Attorney. Works Department and City By: S) .,~,~~..J Dated: 5.30-f.,K,p City Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO{S). AZ-05.060 -PAGE 3 of 3 CITY OP' MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE G DATE OF MAY 9, 216 STAFF REPORT Hearing Date: May 9, 2006 .' • • " -. ~ ~; TO: Mayor & City Council ~ .Y •~ r-` ,' ~ FROM: Planning Commission 8c Staff: '~~~~,~~~l~i~~~t':f ~'~ ~~. ~~~ .: ~;; Joe Guenther & Caleb Hood _ ~ ~: . Meridian Planning Department 208 884 5533 - _ _ :=;~~ - - SUBJECT: Ada County Highway District Annexation F~~SVY E,.,D NAY ~ 81Qo~ AZ-OS-060 Annexation and Zoning of 4.92 acres from RUT (Ada County~~Clerk Offie~ C-G (General Commercial). 1. SUMMARY DESCRYPTION OF AP'PLICANT'S REQUEST The applicant, Ada County Highway District, has applied for Annexation and Zoning (AZ) to C- G (General Commercial) for 4.92 acres of property currently zoned RUT in Ada County. The site is located on the south side of Ustick Road, approximately 1!3 mile east of Eagle Road. This site is currently rural residential with one single-family residential building and accessory buildings. The applicant is proposing to construct a collector roadway with the remainder of the property to be sold for fiiture commercial uses. The site will provide a public connection for future commercial cross access in the SE corner of Eagle and Ustick Roads. 2. SUMMARY RECOMMENbATION This item was prevlonsly on the March 14ei. March 21~ w_lth 3 out of the 4 home owners. and the director of the adlacent funeral home (these are the aeiahbors that are directly affected by the proposed roadway location) Mr. Insehnan has 1 dicated to staff that thosle hn attendance at that m u are asreeable to the ACRD constructing the roadwav~r yid dual fences are ii-stalled between their property and the roadway O e of the fences would be a solid feace that would screen the properties from the road. and the second fen~ee would be primarlly constricted to contain livestock. On Mav 2 C_Ity Staff met with Mr Inseim~n to discuss the timiina and constructiop re~pon_sibilities for tie sewer and water llnes within the proaosed Alleys Wav collector street. Staff has undated the staff resort below to reflect that ACHD will not be responsible for the costs of installins sewer and water wlthin Alleys Wav However. ACRD should coordinate the c astrnctlo~of the road_wav with the Public Works Degart~ent so that Water an or Sanitary Sewer wins can be put in Alleys Wav ahead of its construction. Staff has not add d a fencing urovlsion/condlton for the eastern boundary within Section 10 of the StaffReporr_ Tlae Meridian Planning and Zoning Commission heard the item on February 16, 2006. At the public hearing they moved to recommend approval. a. Summary of Pnbllc Hearing: i. In favor: Becky McKay, Engineering Solutions; Gary basleman, ACRD staff ii. In opposition: None. iii. Commenting: Fitzroy A. Belcher, 2920 Duane Drive -Concerned with eliminating landscaping on the eastern property boundary iv. Staff presenting application: Joe Guenther, Associate ADA COUNTY HIGHWAY DISTRICT ANNEXATION _ AZ-05-060 PAGE 1 CITY OF MERII3IAN PLANNIIQG DEPARTMENT STAFF REPORT FOR'1'HE ~ G DATE OF MAY 9, 2006 v. Other stair commenting on application: Ted Baird, Attort-ey, Caleb Hood, Planning Manager b, Key Issues of Discussion by Commission: i. -20-foot landscape buyer on the eastern property boundary; ii. Road alignment with Alleys Way north of Ustick; iii. -Cm~s access requirement to othet properties south and east. c. Key Commission Changes to Staff Recommendation: i. -Remove Page ?' "within 18 months" from the development agreement requirements - ii. Add- Page 3 Item I There will be no direct lot access to Ustick Road, except for the future road - iii. -Add -- to development agreement, th® comment: that a landscape buffer will not be required along the east side of the future collector roadway d. Outstanding Issue(s) for City Council: i. Landscaping/fencing requirements east of the collector roadway. The subject property is within the Urban Service Planning Area. Staff has provided detailed analysis and recommends that the subject be approved with all requirements for the Development Agreement (DA) (see below for DA provisions). S is endin a of the reposed Ada County District Annexation. submitted as AZ-OS-060 with the development agreement and concerns as detailed in this report. 3. PROPOSED MOTION (to be considered after the pnbltc hearing) Approve After considering all staff, applicant and public testimony, ][ move to approve File Number AZ- OS-060 as presented in Staff Report for the hearing date of March 14, 2006 with the following modifications: (Add any proposed modifications.) Deny After considering all staff, applicant and public testimony, I move to decoy File Numbers AZ- 05-~0 as presented in the Staff Report for the hearing date of March 14, 2006 for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance After considering all staff, applicant and public testimony, I move to contimie File Numbers AZ-OS-OSO to the hearing date of (insert continued hearing date here) for the following reason(s): (You shauld state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/L.ocation: 3595 E. Usticlc / 3N1Fr4 b. Owner/Applicant Ada County Highway District, LLG 3775 Adams Street Garden City, Idaho $3714 c. Representative: Becky McKay, Engineering Solutions ADA COUNTY HIGHWAY DISTRICT ANNE)~-TION - AZ-0S-060 PAGE 2 CITY OF 1u1>~RIDIAN PLANNII~O D~AATMENT STAFF REPORT FOR'PHE I~f(} DATE OF MAY 9, 2005 d. Present Zoning: RUT {Ada County) e. Present Comprehensive Plan Designation: Mixed Use Regional f. Description of Applicant's Request: Request for Annexation and Zoning {AZ) to C-G (General Commercial) for 4.92 acres of property currently zoned RUT in Ada County. g. Applicant's Statement/Justification: The site is located on a main arterial which has recently been upgraded as a major arterial with access to a state highway which is appropriate for commerciaVoffice uses. S. PROCESS FACTS ' a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of tUe provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: March 6 and February 20, 2006 c. Radius notices mailed to properties within 300 feet on: February 17, 2006 d. Applicant posted notice on site by: March 1, 2006 6. Y,AIVD USE a. Existing Land Use{s): There is an existing home and other outbuildings on the subject site. b. Description of Character of Surrounding Area: The parcels to the south and west aze either zoned commercial or proposed commercial zones. To the north is the appm~red Lowe's building. Perkins-Brown Subdivision, an Ada County single-family development lies east of the subject site and the promised ACRD collector road right of way. This area is rapidly transitiomng from rural to urban/commercial. c. Adjacent Land Use and Zoning: 1. North: Commercial, zoned GG, Lowes 2. East: Rural residential, zoned RUT (Ada. County) 3. Soutb: Redfeather Subdivision, zoned C-G 4. West: Single-family/Commercial, zoned RUT proposed GG d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: Sewer is available in Ustick Road. Location of water: Water is available in Ustick Road Issues or concerns: None. 2. Vegetation: There are some existing trees on this site that should be protected or mitigated for when this property develops. 3. Floodplain: N/A 4. CanalsNi~hes Imgation: All irrigation ditches, laterals and canals should be tiled when this property develops. ADA COUNTY HIGHWAY DISTRICT ANNEXATION - AZ-05-060 PAGE 3 CITY OF MERIDIAN PLA~TN~G DEPARTMENP STAFF REPORT FOR'fHP (~ DATE OF MAY 9, 2006 5. Hazards; Staff is not aware of any hazards associated with this property. 6. Proposed Zoning: C-G (General Commercial) 7. Size of Property: 4.92 acres £ Subdivision Plat Information: The applicant has not submitted a preliminary plat with the subject annexation application. Staff recommends that the City include specific concepts within a Development Agreement (DA) for developing the subject property. Please see Analysis below for recommended DA provisions. g. Landscaping: Width of street buffer(s): Per City Code, a 35-foot wide landscape street buffer is required adjacent to Ustick Road, an arterial roadway (UDC l 1-2A-4). 2. Width of buffer(s) between land uses: N/A all properties are proposed as C-G h. Required Commercial Standards: C-G Setbacks Proposed Required Landscape (Commercial) Arterial Road (Ustick) NA 35 Collector Street (Future) NA 20 Use buffer (residentisl/commercial)NA 25 Summary of Proposed Streets and/or Access: As mentioned above, the applicant is not proposing to develop/plat this property ax this time. There will be a future collector roadway at this site which will eventually connect Ustick Road and Fairview Road. The applicant is proposing to take the required right of way, divide the property and sell the remainder as C-G zoned property for development. There will be no dirt lot access m U'stick Road except for the future road and a system of cross access points or internal streets will be established by ACRD. 7. COMMENTS MEETING tan December 34, 2005, a joint agency and departments meeting was held with Bernice providers in this ease. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. These agencies were unable to comment as there was no conceptual design provided. No comments are included with this report as all uses will require at minimum a certificate of zoning compliance where the agencies will have the opportunity to condition specific uses. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This progeny is designated "Mixed Use Regional" on the Comprehensive Plan Future Land Use Map. In Chapter VII of the Comprehensive Plan, this designation is defined in part as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. T°he MU-R has no upper limit on the square footage of non- residentialuses and is intended to allow a broad range of uses. Staff recommends mat the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining the most appropriate zone for this property. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the subject property (staff analysis in italics below policy): ADA COUNTY HIGHWAY DISTRICT ANNEXATION - AZ-OS-0bO PAGE 4 CI"CY OF MERIDIAN PLANI~C3 DFPARTN~NT STAFF REPORT FOR TIiI; IiG DATE OF MAY 9, 2006 • Require that development projects have planned for the provision of all public services. {Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The Cdty of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer aril water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once, annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subjecd lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACRD). This service will not change. • x"he subject lands are currently serviced by the Meridian School Distract #2. This service will not change. • The subject lands are currently serviced by the Meridian Library Distract This service will not change and the Meridian Library District should st~'er no revenue loss as a result of the subject annexation. Mundclpal, fee-support, services wild be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • protect existing residential properties from incompatible land use development on adjacent parcels. (Chapter VII, Goal N, Objective C, Action 1) The applicant as proposing a commercial zone adjacent to proposed or established commercial districts. Staff finds that impacts to the existing residential properties to the east can be limited through design as to be compatible with the proposed development if appropriate fencing, access points, and landscaping are installed with this project and in cooperation with the future ACRD collector road. • "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.°' (Chapter IV, pg. 26, Goal I, Obj. A, #6) Municipal water, solid waste and other services exist to this area of Meridian. • "Locate new community commercial areas on arterials...near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, pg. 43, Goal III, Obj. D, #3) The proposed commercial use is Xocated at the intersection of a future collector road and an arterial roadway. A 35 foot wide street buffer will be required along Ustack Road and a 2a foot wide street buf}er will be installed as a part ojthe western Bade of the collector roadway to be designed in part to mitigate potential negatdye impacts upon the vehicular tra,,~tc on ADA COUNTY HIGHWAY DISTRICTANNEXATION - AZ-0S-OGO PAGE 5 CITY OF MERIDIAN PI.,ANl~# DEPARTMENT STAFF REPORT FOR TIC G DATE of MAY 9, a0o6 arterial roads and future vehicular Impact on existing residential uses. There are several major commercial developments with associated mixed use residential devetopments occurring in the area to which the proposal will provide service. • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, pg. 107, Goal IV, Obj. D, #2} The curb cuts and access paints wild be designed to be consistent with ocher proposals of this size and nature, However, these will be approved with the fading of a detailed development proposal and fold review by ACHD. • Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. (Chapter VI, Goal II, Objective A, Action ~ For the future collector roadway, one access road to UstieJr Road with a future connection to the south through Red feather Estates. Cross access will be required east and west of the site. Staf, j`'is generally supportive of the conceptual connectivity proposal • Review new development for appropriate opportunities to co~ect to local roads and collectors in adjacent developments. (Chapter VI, Goal II, Objective A, Action 13} No stub streets are currently provided to the subject site. See bullet above. Staff also fords the following 2002 Comprehensive Plan text policies to be applicable to this application: "The capacity of arterial...roadways can be greatly ditminished by excessive driveway connections to the roadways. The City should cooperate with Acbd to minimize access points on arterial...roadways as development applications are reviewed." (Chapter VI, page 72) "Develop methods, such as cross-access agreements, frontage roads, to reduce the number of existing access points onto arterial streets." (Chapter VI, Goal II, Obj. A, #12, page 79). "Identify transitional zones to buffer commercial and residential uses, to allow uses such as offices and other low intensity uses." (Chapter VII, Goal I, Obj. B, #7, page 102) Sta,~jirads that the proposed C-G zoning designation is generally harmonious with and in accordance with the Comprehensive Plan. 9. ZON1iNG ORDINANCE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory, and conditional uses in the C-G zoning district. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. 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 ate auto and service oriented and are located inclose proximity to major highway os arterial streets; to fulfill the need oftravel-related services as well as retail sales for the transient and permawent 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 ADA CUtINTY H1t3HWAY DISTRICT' ANNEXATION - AT1U3-06D PAGE 6 CITY OF 1VIERIDIAN P~} DgF,gR gTAFF REPORT FOR THE H• G DATE OF MAY 9, 2~6 development. 10. ANALYSIS a. Analysis of Facts Leading to StaffRecommendarion: 1. AZ Application: Based on the policies gad goals contained in the Comprehensive Plan, staff believes that the requested .C-G zone is appropriate for this properly. Please see Exhibit B for detailed analysis of the required facts and findings. The annexation legal description submitted with the application (stamped on November 3, 2005 by Crregory G. Carter, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Special Considerations: Develop~rnent Agreement: UDC 11-SB-3D2 and Tdaho Cade § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that is consistent with__the comprehensive plan designation and does not negatively impact nearby plOpeltles. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The a licant steal contact the City Attorney. Bill Nary at 888-4433 to initiate this process The DA shall incorporate the following: • That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the genera[ welfare by reason of excessive production of teaffic, noise, smoke, fumes, glare or odors. • That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development, • That the applicant will be responsible for coor~ingtine the sewer and water se~iee ,~i ,extension wit4 _tlie Public Works Department. • That any existing domestic wells and/or septic systems within this project will have to be removed 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 sucl- as landscape irrigation. • That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. • That a street buffer, constructed in accordance with City Code, be installed along Ustick Road and the future collector roadway. • That when a preliminary plat is submitted to the City, the entire 4.92 acres that are the subject property for AZ-OS-060 will be uncluded within the boundaries of said plat (noout-parcels). ADA COUNTY HIGHWAY DISTRICT ANNEXATION - AZ-05-0fi0 FAGS 7 CITY ©F MERtI?IAN PLAT DEPARTMENT STAFF REPORT FqR. THE ~NG DATE OF MAY 9.2006 • That when a preliminary plat is subnutted to the City, no direct lot access to Ustick Road will bo allowed. At such time as individual uses are proposed, direct access to Ustick Road shall be pmhi`bited. This is not intended to pmlu'bit a public street connection to Ustick Road. • That in the case of any division of the property cross access to parcels south and west of the site be granted at intervals to be determined by ACRD. • That a landscape buffer will not be required along the east side of the future collector roadway, at fencin ,however, wiU be provided by the a the astern nda f this sitesite u th ad e t us a comme c r ins onal nse and dos no feneins! Installed. b. Staff' Recommendation: Staff recommends that the subject property be annexed into the City with a C-G zoning deslgnadon with the aforemendoned Annexation & Zoning provisions included in a Development Agreement. 11. EXHIBITS A. Legal Description B. Required Findings from Zoning Ordinance ADA COUNTY HIGI~WAY DISTRICT ANNEXATION - AZ-05-060 PAGE 8 CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THl? HCr DATE OF MAY 9, 2W6 A, Legal Description ~- t i. . : 7 t .. . ~. -•" „~{'-- I1.J.~1i~Ll 1^+~7.1::~ ~... r:G. r : .: : .1. r rf.l riJ i~ ,~ ._ far, i_~r:, ts~s-:3+~v Rovemt~er~., ~df)°e Prapuspd C-G zono Ada County I lighway District Annrzxaiion %-~ l:F;rCs^ ai tanrl lc~r.~il<:d in IhG F,;~l hnl`o` the Fall half of I o' ~ in Sti•~lon ~t, df~ls,_I~II''vlr; ~„ r I ~Ilro>,•5~ngrJ 1 East. Fi~:,~cg Miar'r:!!a•r..vlJa Cnlrniy, Idaho, mar4 particularl, Beginning ~1 the Norlheas! surn8r c! said Lat in ~ ectinn 4; 7'hcnr.;: JUUth 113°34-?2" 1h'oSl 1613.19 feel tr..•n pant; 7Y:Bnl:6 $oulh CI"UO'U$' W@31 1.a'9ti.3 ; fort t0 3 ~79111t; "-innr:~• Noah 89°3?'4~" East 166.19 fe,rt to a paint; Thr nc~; Ptzrth t)"Qp'c~° i/deyl 1,29Ct,?1 t46! to the POINT OF BEGINNING, COnt:~;niny 4.a~ arras, More or Irss. Franarcr) oy ;daha Suntr-y GrGUp, P.C,. CITY OF MERrpIAN PLAN1~(} D~ARTMENT STAFF REPORT FOR THE ~ G D ATE OF MAY 9, 2006 ~_..,. , .---- - ----~- ~.._.,.,~ _._..........~~..,.,..~.._.,., _ __. ,...._ _w.._.._. _..._.~.._......._.__ 4 ' tJE CORNET. 00'Jf. I_oi 32 v T,an_: r.~~. 5' ~a ~ ,.st:.: r ~ E. ~ •- - - _.F. UJ~'ICK ~/,p - - - -- -. , MERIRINV ~~°~BEClNNINR i ~~ ~ i I 1 i r ~ t 1 ~ ~ ~' ~ i i I ~ ; i i~ I ~ Ica i I I ~ ~t ~Y ti , , ' -~ - , ~ ~ i r 1 y~ ~ ~ ~~ I ' ~__ ' ' ~~ ~ %~ ~ t i ~ ~ ~ .. E, ~ ~ ~- - 1 I ~ ~Dut cout~m r -• ~._ ~ssas~ ' ~~ -J--- ~ - ~ ~. 8914 ... i 1 ......_ •--,... ...._- _. _ ~ I ~ I•... '- .. i { CITY OF MERIDIAN PLG pE,pAR STAFF REPORT FOR THL HEARING DATE 01:' MAY 9 2006 $. Required Findings from Zoning Ordinance 1. Annexation Findings: Upon recommendation from the Commission, the Council shall mare a full investlgation and shall, at the public hearing, review the application. In order to great an annexation and/or rezone, the Coancll shall make the foUowl~ng findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to Zone all of the subject property to GG. The Council finds that the proposed zoning map amendment complies wide the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Sectiam 8, of the StaffReport. 2. The map amendment complies with the regulations outilned for the proposed district, specifleally the purpose statement; No development is proposed. concurrent with the zoning map amendment 'The Council finds that future development of this property should comply with the established regulations and purpose statement of the C-G zone. 3. The map amendment shall aot be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. The Commission and Council rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not rmalt in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not ilmited to, school districts; and, The Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of intermt of the City (UDC il-5B-3.E). If the applicant enters into a Development eement,~DA) with the City The Coun it finds the tior~ and zonin og f this proper to C-G would bg in e best ' to f the Ci B-i ,. February 9, 2007 AZ 06-032 MERIDIAN CITY COUNCIL MEETING February 13, 2007 APPLICANT Conger Management Group ITEM NO. 7-F REQUEST Development Agreement -- Request for Annexation and Zoning of 29.31 acres from RUT to R-8 zones for Trilogy Subdivision -south side of Chinden Boulevard and east of Black Cat Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: 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: COMMENTS See attached Development Agreement Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECOR .DAVID NAYARRO AMOUNT .00 46 BOISE IDAHO 02l22I0 :06 PM DEPUTY Vidd Allen ~~~ ~~~~~~~~~~~~~~~~~~~~~~~~I~~~~ I~ ~~~ RECORDED-REQUEST OF iQ7~~~~~~ City of Meridian r DEVEI.,OPMENT AGREEMENT PARTIES: I . City of Meridian, 2. Dyver Development TINS DEVELOPMENT AGREEMENT (this "A Bement"), is made and entered into this ~~~ da of .~- ~- Y J CU~I.t,L:a; I°t~ , 200', y and between City of Meridian, whose address is 33 E. Idaho Street, Boise, Idaho 83642, a municipal corporation of the State of Idaho, hereafter called CITY, and Dyver Development, whose address is 1977 E. Overland Road, Meridian, Idaho 83642, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner/Developer 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 I.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the OwnerlDevelopermake awritten commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enachnent of the Meridiem Unified Development Code, which authorizes development agreements upon the annexation and/or re- zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and zoning of the Property's described in Exhibit A, and has requested a designation of (R-8) Mediuan 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 Properly will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proce~ings for the requested annexation and zoning designation of the subject Property held before the Planning ~& Zoning Commission, and subsequently before the City DEVELOPMENT AGREEMENT (AZ 06-032) TRILOGY ST.TBDIVISION PAGE 1 OF 9 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 21~ day of November, 200G, 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 fixll, 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 their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their 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 zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-3 82, and the Zoning and Development Ordinances codified in Meridian City Code Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in fu11. 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 CX'x'Y: means and refers. to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of DEVELOPMENT AGREEMENT (AZ 06-032) TRIIAGY SUBDIVISION PAGE 2 OF 9 law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVEI.,OPER: means and refers to Dyver Development, 1977 E. Overland Road, Meridian, Idaho $3 642, the party developing said Property and shall include any subsequent developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain pazcel(s) of Properly located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned R $ (Medium Density Residential District) attached hereto and by this reference incorporated herein as if set forth at length. 4. Y~'SES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement ate only those uses allowed under City's Zoning Ordinance codified at Meridian City Code Titlel l which aze herein specified as follows: Constructiion and development of a 145 single family building lotsl2 commons lots, 4private street lots, and X future right of way lot in theproposed R-8zone on 28.17acrespertinentto thlsAZO~ 032 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 1. The applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 2. All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. DEVELOPMENT AGREEMENT (AZ 06-032) TRILOGY SUBDIVISION PAGE 3 OF 9 3. Access to Chinden Boulevard shall be prohibited for this site. The applicant shall be required to dedicate the right-of--way, construct landscaping, a pathway, and noise mitigation along Chinden Boulevard, as required by ITD and the City of Meridian. 4. Provide a utility easement to the Janicek property to the northeast; make additional landscape improvements to the west side of Ramblin Court and enter into a license agreement for said improvements with ACRD; and that a more formal entry be made at the entrance to this development. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: T bas Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the OwnerlDeveloper or Owner/Developer'shehs, successors, assigns, to complywith Section 5 entitled "Conditions Governing Development of Subject Property' of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or~recodifications thereof. 7. .CONSENT TO DE-ANNEXA,TYON AND REVERSAL OF ZONING DESIGNATION: Owner/Developer consents upon default to the reversal of the zoning designation of the Properly subject to and conditioned upon the following conditions precedent to-wit: 7.1 'T`hat the City provide written notice of any failure to comply with this Agreement to Owfler/Developer and if the Owner/Developer fails to cure such failure within six (~ months of such notice. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. 9. DEFAULT: 9.1 In the event Owner/Developer, or Owner/Developer's heirs, successors, assigns, or subsequent owners of the Property ar 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 xnay be modified or terminated by the City upon compliance with the requirements of the Zoning Ordinance. DEVELOPR+tErT'TAGBEEMENT (AZ 06-032) TRILOGY SUBDIVISION PAGE 4 OF 9 9.2 A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner's/Developer's cost, and submit proof of such recording to Owner/Developer,prior to the third reading of the Meridian Zozung Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES: Tbuis 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. 12.1 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 connect the same prior to the non- breaching parry'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) dayperiod and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either 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 tinge for such performance shall be extended by the amount of time of such delay. DEVELOPMENT AGREEMENT (AZ 06-032) TRILOGY SUBDMSION PAGE 5 OF 9 13. SURETY OF ]PERFORMANCE: The Citymay also require suretybonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code, to insure that installation of the improvements, which the Owner/Developer agree to provide, if required by the City. 14. 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/Deveioper has entered into an addendum agreement stating when the improvements will be completed iu a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 15. ABIDE SY ALL CITY ORDINANCES: That Owner/Developer agree 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. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return. receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 OWNER/DEVELOPER: Dyver Development 1977 E. Overland Road Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as DEVELOPMENT AGREEMENT (AZ 06-032) TRILOGY SUBDIVISION PAGE 6 OF 4 • detergained by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. T]aVIE 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. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in offitce. This Agreement shall be binding on the bwner/Developer oftheProperty, each subsequent owner and any other person acquiring an interest in the Properly. 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 benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request ofOwner/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 have fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised fram this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: 'This Agreement sets forth all promises, inducements, agreements, condition and understandings between 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/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the usesand/or conditions governing re-zoning 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 hearingts) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. DEVELOPMENT AGREEMENT (AZ 06-032) TRII,OGY SUBDIVISION PAGE 7 OF 9 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WI'l'NESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVE-LOPER DYVER D OPMENT By: Cott y ~~a~ ~ sry-. ~.+ ~.~.s7 CITX OF MERIDIAN By: -'~ MAYOR T de WEERD Attest: .~~~' ` G~u~u•G 2 "" / 3-O 7 . ~~C~ i r. ri ~ ~C°v ~~ WILLIAM G. BERG, JK.; ~E ~~~s~ •1,~ H11f11iii DEVELOPMENT AGREEMENT (AZ 06-032) TRII,OGY SUBDIVISION PAGE 8 OP' 4 STATE OF IDAHO, ) ss County of Ada, ) On this d~"dday of ~~ , , 200, before me, the undersigaed, a Notary Public in and for said State, personally appeared ,.flf' .?~~a•'foy- „, known or identified to nue to be the ~ ~gr of Dyver Development and acknowledged to me that they executed a ~ame of behalf of such company. IN WTI~TESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) ;~,.,~,o~~~,:~N ~ ~ ~1~~ Notary Public for Idaho ^ l Residing at: ~~pq , '~~ 1 ~ ~ a ~ ~ ~ My Commission Expires: b-Dfj.-c~01o STATE OF IDAHO ) ss County of Ada ) On this / cS '~'~'` day of ,~~~ 200', before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. _ IN WITNESS WI~REOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) r • ~~j~~~~~~t ~~~ti~:~ _ Notary Public for Idaho Residing at: 't`1~~~.c.. l U} ~. r~1d Commission expires: ~~~.-/~ ( i DEVELOPMENT AGREEMENT (AZ 06-032) TRII..OGY SUBDIVISION PAGE 9 OF 9 F,JCHIt3lT "A° Annexation Legal besaripBon A partton of Lot x,131oak 7, Rambo Subdivision and adjofnbr~g West Chlnden Boulevard {;3fate f{fghway ?A and 26) Right of Way Two parcels of tand, the flra! psrwt being a par8an of Lvt 2, mock 1, Rambo SubdtvtgFort, toc~sd to the N 112 of the NW i14 of Sectlon 27, 7ownehip 4 North, flange 1 West, Bo1se lYl~idian, Ada County, idaho, and the second pane! being a portion of the adjoining Right of way ~ West Cherden Boulevard (Seale ftlgfitnrey Zd and 2ti), more parttculatty described ~ ioAaws: ame) One Commencing al tl~e 114 Corrtnir common m Seotiarts 27 and 28, rsrmsrttiy morutm~ted by a 1i2 Reber (No Cap) to a 4` Pipe casing (Comer fleogrd, Inslttuaent Number 891'l32~; 7hanr:e North 00°29'03° Fast oofnoldent with the westerly line of seattort 27, a dtstanoe of 2698.68 feet to a pottrt an the soufhEl'iy Right of Way Ana of West Chiridert Boulevard, as shown on Idaho Transportation Department plans Aped 'Plan and Profile of Proposed Franklin Highway, Federal Ald 3~ondery Project Na FA3.181-0.(1), Ada & Carryon Counties, eo~sa -Sept 1tt39', and titled `I'la+ arxi P'rodle of Proposed tiinrsye U.S. ~. ~ 830, t=ederaf Aid Pooled tzo. F -3031 (5b Payette, Canyon 8 Ada Cauttt[~, Onbrrla Bridge bt Euaise. Botsa March 7958°, (rev~d AprA 2, 19ty9), and a8 desalted in a RPghtnf Way Dead dated t19h1M939, rerxxdad 0g/1S!'i939, inetrumertf Number 1171234, Ada Caurrty Reorder Records, said point heirrg South 00°29'03" West a distance of 40.00 feet Tram the tdW Comer of SeotPorr 27, rarrrsntly monvmented by a 2" dtam~erAklmtnum Cap tdfartunren! (Comer Record, Instrument Number 99113294): Tttenca South 88°19'18' oalrtoldetri wtlh said sar,atedy Right of Way line of Wit Chtr~en Boulevard, a dtetanc:e of 237.21 feat la the POINiT OF BEt91MUINt{3, said Paint of Beginning being the northwest onrrter of lot 2 and the norttteasi Darter of Rot 1,13tock 1, Rambo Subdtvlstart, recanded 119/2411893, b+strumsnt Number X79034, Ada County Recorder Records; Thence oorttUwing South 89°11i'1 f1' t colrtddent with said sautfreriy Right of Way lEne of West Chinden BoutevaM ertd the northerly line of Lot 2, 6lodt 1. Raniba 6ttbdtvt8lar, a dietartce of 1232.61 feet to the most westerly oorrter of a parcel of land shown on Rawrd of SutveY 3722, Propsrty Ltne Adjustment Survey, rer:arded 0212311998. Insbrurrrent Number 95012320, Ade County Recorder Retards; Thence South 69 °09'08' East rxrirmident w18r the ~ttttmresterfy Ifne ofsald pamal of land, e t~tartoa of 109.04 feat; Thence South 79°21'10' Bast, asnttnuing Coinoldent with the arty Ana of said parc;ei of land, a dlafatrce oP 10458 feat to the eastery Ana of Lot 2, Block 1, Rambo 5trbdivlston; Thence South 00°28'9z• West attt with the easterly pne of l.ot 2, Block S. l2amfra Suhdivieian, a distance of 1179.@0 fee; to the souflteast comer op let 2 t3look 1, Rambo $utrdtvlelot~ 'thence North 69°18'44" West oo[n~dent with the mastsmrEl~ly Ilse of Lot 2< Block 1, Rambo Subdivision. a distartta oP 331 A7 feet la Ore moat southerly southnrest Qarrer of Lo12, dock 1, Rambo Subdivlslan; Thence North 00°27'7 B' East, oobtddertt with a westerly Ana of Let 2, Block 1, F~mtra SutxUvtelon, a dte~toe of 329J88 feet to an interl~ comer; Therms Notch 88°'18'23' West, comoidant with a souther Ilse of Lot 2, Bloom 1, Rambo 3ubrDVisIOtt, a dlstsrtce of 480.31 feat to qta southeast corner of Lot a, Block 1, tlambo Suftdlviston; Thence North 00°2$'38' East, coindderrt with the eas[eryr line of lit 4 and Lot 3, Block 1, Rambo 8ubdlvlston, a distance of 347.78 few to lha mattreast comer of I.ot 3, Block 1, tiambo Subdivision; Thence North ~'3432' West, oofiokleM with the norUterlY tine of lot 3, Block i, l~tnbo Su[uQvision, a dEstart~ ~ 444.80 feet Uo a point on the rwrtiteNy t2tgtu d¢ Way ilhe of West RamWin Tftartce rxuetkruing Noah 88°3432' West, COlnaitlent with the nonhariy flight of Way line of West flambtln Court, a dlstarroe of 78204 feet to the Southeast atmer of tot 1, ~c 1, Ramiro Subdivision; ~ ! Thence North 00°28'03' East, wim~dent wi#h a easterly lifts of lot 1, Stack 1, Rambo Subdivision, a distance of 604.71 feetto the POINT OF BEGINN~IG. 'the area of Parcel One d~otibad above cpntafns approidmately,x8.176 Acres. earls of bearings is aR10 NORTH, Idaho State Wane Coordinate System, West Zane. Parcel Txro ' Commencing at the 1l4 Comer common to Sattians 27 and 28, arrren8y morwmented by a 112" Reber (No Cap) In a 4° pig t~isLtg (Comer Record, instrumert Ntunber 9911328b~; Therxe NoM 00°28'09° East, coLicidant wUh the wastertyr iBra oP section 27, a dlstar~e.of 2588.58 feet to a paint on the $outh~ty Wght of way nne of Wit chtrstan eoutevard, as etrown on Idaho Transpartadon Dapartm~t P~ t(tled "Plan and ProFUe of Prvppsed Frankttn M9~Y~ Federal Aid Secondary Project Nc. FA8.1ti1-0-(1), Ada & Cer~n Courdies, ectae -Sept 1839".and Wed "Plan and Prpfite oP Proposed Hiways U.5 20, 26 & 90, Federal Akt Project No. P • 9031(5), Payette, Canyon $ Ada Counties, Cmtario Bridge to titles, antes March 1058"', (revised April 2,1958), and as d~crib~ed in a Right of Way wed dated 091'1911933, recorded 09!1511933, instrument Number 992234. Ada County Reorder Records, said point being Sarrth 00°2@'03' West a difftants of 44.00 feet from the P0N Comer of Section 27 (Hlgttway Stadan 581+27.80, as shown on sgid 1939 Highway Plans}, currently monumented by a 2" dlea'teter Aluminum Cap tSAomrmant (Cam+~ Renard, Instrumarn Number 93173284); Thence South 89°79'16' East, oaincident with said southerly Right t~' Way Iine of West Chinden Bturlavard, a distance Of 237.21 f~! to the ROINT Oir GINNING, said Paint oP Beginning betrtg the noAhwest owner of !at 2 artd the nortt-eastcamer of tat 7, Eck 1. Rambo Subdivision, recorded 118/24/111&3, Il~trument Number 9379734, Ada Courtly Recorder Retards; Thence Norio 00°40'44" Fast, perpendlaular to Bald soutlteriy Rfgitt of Way Iine of Wem Chinden BaulevaM, a d[s~utw of 40.04 feat to a Lit on the surveycenterdne alignment as shoevn on said 1839 Highway P18ftis, at oaLwlatsd EllghweY station 583+65.14; Therx:e South 89°19'18' EeaG cainddent with the survey oenterltrte alignment as shown an said 1939 Highway Plans, a dL3lartoe of 1232.51 fem m a Point oalculatad wlgnway Station 67ti+97.85; Thence 9auth OD°40'44' Went, perpendlcutar to said southerly Right of Way ~ of West Cltlnden l3outevard, a distance of 40.00 feet to a point on said southedy Rt91tt ~lAiay Iine of west Chinden Boulevard, said fit being ~+e magi troesteriy ~ a Parcel ad tarot mmllCrorn on RaoDrd of 8tavey 312'4, Propergr tine Adjusirtlerrt SurvQy, recorded 02123/1995. Instrument Nkunber 95012320, Ada County Recorder Records; 7ftertas North 89°19'18' West . coinaiderrt with said soutlterty Right aE Way line of west Chardon Boulevard and the northatiy tine ~ Lot 2, i3lock 1, Rambo Subdivision, a distance of 1232.51fest to the POINT OF BEt;I1NMNG. The area of Parcel Two desor~red above acnlaL~ approximately 1.132 Aa~as. The trial area of Parcels One and Two combined aorttalrrs aPPr'~latelY 29.307 Aorea. BasPS of trearings la GRID Nt3RTH, Idaho Smta t~r-e Comdlrtate System, West Zone. ~''s~ ~ ~' ~~ ~..~ ~72G 0 02/2112at~~ Opp L Apps ~ ~~ I BAR D ~~ 2~0~ M6RtDtAN p~S-G Wp(ZK5 CITY OF MERIDIAN FIl~DINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER R~CENED NOV 16 2~ Citq 0 - eridian c' o~~ GPiY 4F t91'IG~1~1 f .~ ia.~wo ,~ In the Matter of Annexation and Zoning of 2931 acrm from RUT to R 8 AND Preliminary Plat approval for 145 single-fatuity building lots, l2 common lots, 4 private street lots, and 1 future right-of-way lot for Trilogy Sabdiv~sion, by Conger Management Group. Case No(s). AZ-06-032 and PP-06-032 For the City Council Hearing Date of: November $, 20[16 (Findings on the November 21, 2006 City Council agenda) A. Findings of Fact 1. Hearring Facts (see attached Staff Report for the hearing date of November 8, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November $, 2006 incorporated by reference) 3. Application and Property Facts (nee attached Staff Report for the hearing daft of November 8, 2006 incorporated by reference) 4. Required Findings per the Unified Developmte~ Code (see attached Staff Report for the hearing date of November 8, 2006 incorporated by referea-ce) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use PlanninS Act of 1975," cod~iSed at Chapter 65, Title 67, Idaho Code (X.C. §67-6503). 2. The Meridian City Council takes judicial nofice of its Unified Development Code codified at Title 11 Meridian City Code, mad all current zoning maps thereof The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § l l -SA. CITY OF MERIDIAN Fn~iDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER GASE NO(3). AZ-06-032 and PP-06.032 ~ ~ 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. S. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accsrdance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affec,~ted party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, Landscape Plan, and the Conditions of Approval all in the attached Sta$Report for the hearing date of November S, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant sha11 meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-S,A. and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated September 2U, 2~6 is hereby conditionally approved; 2. The following modifications to the Staff Report were made at the City Cuuncil hearing: e lican to: provide a utility easement to the 7anic~ nronerty to the northeast l,ar t1,e srn„ticsanr make additionat_ landsca_*+e i~yemen - the west side of Reanblin Court enter into a li~_rnae air ent for sA+d im~arQvementa with ACHD: and ax a more formal entry be made at 1~e entrance to .development (from amb in [` rt1 . e^ ww~.an i ~ - 3. The site specific and standard conditions of approval are as shown in the attached Staff Report £or the hearitYg date of November 8, 2006 incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined prelimminary and final plat, or short plat shall bet~ome null and void if the applicant fails to record a, final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat In the cvcalt that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the a~mved preliminary plat, such segments, if CITY OF bIBRTDIAN FII~TDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). A7r06-032 and PP-06-032 • submitted within successive intervals of eighteen (18) months, maybe considered for final. approval without resubmission for preliminary plat approval. T Jan written request and filed by the applicant prior to the termination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (1$} months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may r~uire the preliminary Plat, combined preliminnary and final. plat or short plat to c~rmply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take novice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance ar denial of the conditional use permit approval maywithintwenty-ei~,t (2$) days after the date of this decision and order seek a judicial review as provided by Chapter S2, Title b7, Idaho Cade. F. Attached: Staff Report for the hearing date of November 8, 2406 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06.032 eud PP'-06.032 By action of the City Council at its regular meeting held an the ~~ day of OYIGt~.~ili~.., 2006. COUNCIL MEMBER SHAUN WARDLE COUNCII. MEMBER. 70E BORTON couxclL MEMBER cHARI.~ RovNTitEE COUNCIL MEMBER KEITH BIRD TIE BRR FR MAYOR TAMMY de WEERD ATTEST: VOTED G~G~ VOTED_ `~~ VOTED__~~a..- voTED_~ VOTED `~~ WEERD ~tF ~' -.fir o SEAL ,~~ .* ~. ~~~ ~ h I~~l f fTf II I~t 111111 \\\ Applicant Planning Department Public Works Department ~~ City Attorney By: Dated: ~ ~• ? Q~{~(p ity Cl 's Office CITY OF MERIDIAN FIIVDINGS OF FACT. CONCLUSION5 OF LAW AND DECISION & ORDER GASB NO(S). AZ-06-032 ~ PP-06-032 Copy served upon: CITY OF MERIDIAN PG DEPARTMENT STAFF RE~'ORT POR THE G DATE OF NOVEMBER 8, 2006 STAFF REPORT Healing Dare: 11-8-06 TO: Mayor & City Council FROM: Caleb Hood Meridian. Plaaniag Departmcnt 884-5533 SUBJECT: Trilogy Subdivision • AZ-O6-032 t .; taTti' ~)Y~ -'•~~ eri~i~r uynfro Annexation and Zoning of 29.31 acres from RUT (Ada County} to R 8 (Medium Density Residential) zone • PP-06-032 Preliminary Plat of 145 single-family building lots, ] 2 cnmTnan. late, 4 private street lots, and 1futureright-of--way lot on 28.17 acres, in a proposes R 8 none 1. SUMMARY DESCRxPTION OF Alr'PLICANT'S REQUEST The subject applications were scheduled for the July 20, 2t10b Plannfong & Zoning Commission hearing. Frior to the hearing, the applicant requested that this project be continued so they could revise the project. The applicant has revised the proposed Preliminary Plat by incorporating changm recommended by Staff in the Statlf Keport for tlm duly 20, 2006 Commission meeting The applicant, Conger Management Group, has applied for Annexation and Zoning (AZ) of 29.31 acres from RUT (Ada Couaty) to R-8 (Medium Density Residential) aad Preliminary Plat approval of 14S single family residential lots, 12 common lots, 4 private street lots, and 1 future right-of-way lot for Trilogy Subdivision. The site is located on the south side of Chmden-Boulevard, approximately 2S0-feet east of Black Cat Road. This area is commonly ]mown as I.at 2, Hlock 1, Rambo Subdivision. Rambo Subdivision is a Cauntyapproved plat that was recorded ip 1993, with the subject lot being the deed restricted open space lot. The subject site is within the City's Area of Impact mid Urban Servico Pleanimg Area. 2. SiT1VlIVIARY REGOMIV>[ENDATION The subject applications (AZ-06-032 and PP-06-032) were submntted to the Plamwig Department for concurrent review. Staff has provided. a detailed aaalysis a~ recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. Staff is recommending approval of the proposed Trilogy Subdivisian subject to the conditions listed in Exhibit B of the Staff Report. The ~ r .. w. - Y rr__ _ _ r1__-_`____- L___~ L___ !~~_ _~ T__1__ AA~II ~__~_~ •71~ __~ A_a_i~ !'~ a. ~5nmmar^o# Comm_issz'on Pn~e Hey i. In favor Dave McKinnon ii. ~n op s~iti'on: None iii. Commenting: one iv. WrittCa tc~timonv rtx;eived: ,lone v. Stagpreaenting atmlication: Caleb Hood vi. Other~aff commenting on licatian; Nam b. Kev~~scnssion ~y Commission: i. Sidewallc and asv~ialt improvements along Rai T=llOgy Subdivision AZ-06-032, PP-06.032 PAGE ! CITY' OF MERIDJAN' PO DT:PAR1]~NT STAFF REPORT FOA THE G DATE OF NOVEMBER 8, 2006 ii. lemon of Sehwitxer Ave~e so ~~~p~P~Y~ use effectively. C. Key COOI>~Se~On C``haent~a to Cuff Rannmme...unris... d. Schwitzer v wi hie pa~eme~t to at feast 30 west of Sehwitzer Avonuo. i. The rev_ised~n]an now shy S ~ .This is not comsisl significant effect on the amount of u. li should be r ' ed prortertv li2ea from Ramblin Court the ri t-of-wa dir ad' ~ ~-~ ~vs!s a large atermwater, detemtioa pond ' jrot ;ent wawth tie »revi~us lands_c~pg ~n d a o ace ovid with this construct Schwi~ Avenue to than west t~Lookout Pass it still does not air that o the west line ~- potential„s~pite 3. PROIP'dSED M01TON5 Approval Aftea considering all staff applicant and public testimony, I move to approve File Numbers AZ- 05-032 and PP-05-032 as presented in the staff report for the hearing date of November 8, 2005, with the following modifications to the conditions of approval: (Add. any proposed. modifications-) ]benial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-05- 032 and PP-05-032 as presented dtuiag the heariag on November 8, 2005, for the following reams: (State specific reasons fair denial of the annexation and/or preliminary plat request.) Trilogy Subdivision AG-0~-U32, PP-06-032 PAGE 2 additional landscape ~ vements to the west side of Ramhtin (~...nt o - and that a more fomaal entry ~oade at the entraneA to t1„a CITY Ole MERIDIAN PQ DEPARTMENT STAFF REPORT FOR T!~ G DATE OF NQVEN!$ER $, 2006 Co>o~Ua~nc@ After considering all staff, applicant and public testimony, Y move to continue File Numbers AZ-08-032 a~ PP-06-032 to the bearing date of (ittsert continued heearring da#e here) for the following reason(s): (State specific reason(s) for a contin>iuanice.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: East of Rlack Cat Road and South of Cliinden Boulevard / 4325 Chinden boulevard Section 27, T4N', R1 W b. Owner: Dyver Development 1977 E. Overland Road Meridian, ID $3642 c. Applicant: Conger Management Group 405 S. 8a` Street, Suite 290 Boise, ID $3702 d. Representative: David McKinnon, Conger Management Group e. Present Zoning. RUT (Ada County) f. Present Comprehensive Play Designation: Medium Density Residential g. Description of Applicant's Request: 1. Date of Preliminary Plat (attached in Exhibit A): September 20, 2006 2. Date of Landscape Plan (attached in Ex>nbit A): S3ctobc.r 30.2006 h. Applicant's Stat~neat/Justifieation: The proposed overall density (5.1 dwellings per acre) of the pro}eat complies with the City's desigru-tion of Mcdium Density Reside~ial R $ which allows for densities of ~ to 8 dwellings per acre. The subdivision will provide large open spaces and a mix of housing types including a common mew, attached single family dwellings, and detached single family dwellings. 5. PROCESS FACTS a. The subject application will in fact constitute an atmeatation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Cade Title 11, a public heaving is required before die City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter, e. Newspaper notifications published on: July 3, 2006, and July 17, 2006 (for P& Z Commission), ~g,¢ (,~q~er 16 and 30, 2006 (for City Council) d. Radius notices mailed to pro~ties widen 300 feet on: June 23, 2006 (for P & Z Commission), and October 13 2006 (for C'ty~uncil) Trilogy Subdivision AZ-06-032, PP-06.032 PAGE 3 CITX OP MERIDIAN PLAN~© DF.I'ARTMENT STAFF REPORT FOR Tl>~ G DATE OF NOVEMBER 8, 2006 e. Applicant posted notice on site by: July 10, 2006 (far P dt Z Comxnisaion), and October 30, 200b (for Ci Council) 6. LAND USE a. Existing Land Uses}: Existing home, several outbuildings, and va~eaut lbnd. All existing structures will he removed from the site. b_ Description of Character of Surrounding Area: A mix of single family residential and vacant agricultural land, some of which has recently been proposed for residential development. c. Adjacent Land Uso and Zoning; 1. North: Residential and Agriculture, zon®d RR (Ada County). 2. East: Proposed Bainbridge Subdivision, zoned R 8. 3. South: Residential and Agriculh~re/Proposed Reego Springs Subdivision, zoned RITI' {Ada Coupty)!R 8. 4. West: Residential and Agriculture, zoned RUT (Ada County). d. History of Previous Actions: N/A e. Existing Cunslrainta~ and Opportunities: 1. Public Works Location of sewer. This property is master planned to sewer to the future North Black Cat tnml~ It is not currently serviceable. Location of water This property would receive water from future mains in N. Black Cat Road and future stubs from approved nearby development. Issues or conce®s: This property is currently not ~rviceable by the City of Meridian's sewer or water system. Upsizing of sewer and water mains tbrongh this site. 2. Vegetation; Primarily agriculture. Existing treeR will he retained or relocated on site_ 3. Flood plain: N/A 4. Canals/Ditches/Irrigation: The preliminary plat sltnws a number of ditches around the edges of this developaaeat. 5. Hazards: N/A 6. Proposed Zoning: R-8 7. Size of Property; 29.31 acres f. Subdivision Plat Information: 1. Residential Lots: 145 2. Non-resideniial Lots: 0 3. Total Building Lots: 14S 4. Comnaaaa Lots: 12 S. Other Lots: S (4 private Rtrest lots and 1 future right-of--way lot) 6. Total Lots: 162 Trilogy Subdfvi~pf AZ-06-037, PP-06-031 PAGE 4 CITY OP MRRIDIAN YLAiV~ DEPARTi~1T STAFF R>:PORT FOIL TIC? G DATE OF NOVEMBER 8, Z~6 7. (3pen Lots: 0 8. Residential Area: 2$,17 acres 9. Gross Density: 5.1 amts per sere !0. Lot Sizes: Lot sues range from 4,000 square feet to 9,200 square feet. The average lot size is approximately 5,000 square feet. g. Landscaping: 1. Width of street buffer(s): As per the Fimxre Land Use Map, Chinden Boulevard is designated as "Entryway Corridors." The UDC (Table 11 2A S) r a 35-foot wide street buffer adjacent to Entryway Corridors. The landscape plan proposes a 35- foot wide landscape buffer along Chinden Boulevard 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 2.17 acres (7.71 %) 4. Other landscaping standards: Landscaping adjacent to micro-paths should comply with UDC 11-3B-12. Common, open space lots should include at least one deciduous shade tree per 8,000 square feet (UDC 11-3G-3-E2). h. Proposed and Required Non Residential Setbacks: Per the R 8 zone for attached and detached single family dwellings. i. Sumaaary of Proposed Streets and/or Access (private, public, common drive, etc.): The sole access to the development will be from an existing public strr~, Ramblin Court, that wnnects with N. black Cat Road. Additionally, two stub smears will be constructed to connect with future residential subdivisions; one at the east property line to access Bainbridge Subdivision, and one to the southwest to access Keego Springs Subdivision. Four 24focrt wide private streets are proposed within Blocks 6 and 7, which contain rear-loaded. garages. There is a proposed public alley that bisects the private streets. ACHD has required that this north south alley be private. If the alley is private, then it should be constructed in accordance with UDC 6C-3B5. 7. CQNIIKENTS MEETIIITG On June 30, 2006, Phumiag Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Departmerrt, Meridian Parks Department, Meridian Public works Department, and the Sanitary services Carnpany. Staff has included all comments and recommended acticros a.4 (",cmciitious of Approval in the attached Exhibit B. 8. COIViPREBENSl[VE PLAN POLICIES AND GOALS This property is d~grrated "Medium Density Residential" a'n the (.;pmpre~rensive flan Future Land Use Map. Medium density residential areas are anticipated to contain single family residences at densities of three to eight dwellings per acre (see Page 95 of the Comprehensive Plea.) The proposed Preliminary Plat includes 145 residential building lots on 28.17 acres far a gross density of 5.11 dwelling units/acre. The gross densfiy is within the range outlined in the Comprehensive Plan, staff Ends that the pragosed development is in general compliance with the Comprehensive Plan. The following Comprehensive Plan policies apply to this appliaaxion: • Chapter VII, Coal III, Objective A, Adios 1 -Require that development projects have planned for the provision of all public services. Trilogy Subdivision AZ-06-032, PP-OG-03Z PACiT~ 5 CITY Ur MERIDIAN PG DEPARTMENT STAFF REPORT FOR Ti~E G DATE OF DTOVEMBER 8, 2006 When the City established its Area of Gity Impact; ft plarrned to provide City services to the subject property. Tlae City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurlsdictian of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire ~P~• • The subject lands currently lie within the jurisdiction of the Ada County Shere~"s Office. Once annexed the lands will be serviced by the Meridian PoYiee Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Itghway District (ACFID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian ribrary District. This service wild not change and the Meridian Zibrary District should su„~`er no revenue loss as a result of the subject annexation. Municipal, fee supported, services will be provided by the Meridian Building Department, the Meridian Puhlic Warkc Jepartment, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Compmry. • ~~ YI, Goal II, Objective A, Action 3 -Consider "Accommodating Bicycle and Ped~triam Travel- A R~ommended Approach" fmm the National Center £or bicycling aad Walkin,~ in all land use decisions. This publication encourages jurisdictions to establdsh bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. St~J`'believes that the subject applications comply with the policies lis[ed in the literature noted above. • Chapter VY, Goal II, Objective A, Action S - Aetltxire pedes~ian access connectors in all new development to lmk subdivisions together to promote neighborhood connectivity as gart of a wmmunity pathway system. StaQis supportive of the proposed pedestrian connections to future adjacent subdivisions, via stub streets. • Chapter VII, Goal 1V, Objective G, Action 1 -Protect existing residential properties from incompah'ble land use developno~t on adjacent parcels. The applicatat is proposing a residential zone. Sta,~'jlnds that the proposed developments to the east and southwest are compatible with the proposed development, and that the existing residences to the southwest have been btt,~ered with appropriately sized lo&r. • Chapter VII; Goal N, Objective C, Action 10 - Support a variety of residential cal~uric~ (low-, medium , and higlydensity single family, multi-family, townhouses, dzple~ces, TYilo~y Subdivision A2,-06.032, PP-06-032 PAGE b CITY pk MERYI)lAN PLA>~4 DEPARTMENT STAFF REPORT FOR THE G DATE 0~' NOVEMBER 8, 2006 apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The subject application includes a request far the R-8 zone. Std finds flint the requested coning designation contributes to the variety of residential zoning categories in this area and fs generally consistent with the Comprehensive Plan designation for this site. ~ Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow (Chapter VI, Goal II, Objective A, Action 6) Two stub streets have been proposed to connect with the previously approve Bainbridge and Keego Spring:r developments. These properties have been proposal' to ba developed in a manner slmllar to the subject parcel. In addition, the applicant is now proposing to construct Schwitzer Avenue along the west property line so that the undeveloped property to the west can efficiently re-develop with front-on housing. p. WNINU:ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A Z lists single-family, two-famiily (duplex), and townhouse developments as a Permitted Use is the R-8 zone. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a r~aa$e of housing opporttuiities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Reaideatial districts are dietiaguished by the allowable density of dwelling uuita~ p~ acre and corresponding housing types that can be accommodated within. the density range. 10. tlNALYSISi a. Analysis of Fasts Leading to Staff Recommendation ANNEXATION .¢~TALYSI9. Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Unified Development Code, staff bolicvcs that this is a good locataoa for the propobt:cl single-family development. Please see Exhibit D for detailed analysis of the required fads sad 5ndings for annexation. The annexation legal description submitted with the application. (prepared on February 21, 2006, by Charles Hordes, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian A Development Agreement {DA) will be required as part of annexation of this property. Prior to annexation approval, a DA shall be errtered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, aml the developer. The applicant shall contact the City Attorney, Bill Nary, at lla8-4433 to i~aitiate this process. The DA shall include the following. • Tiny applicant will be responsible for all costs associat~l with the sewer and water service extension. Anj- existing domestic wells and/or septic systems within this project will be removed from their domtestic service, per City Ordinance Section 5-7-517, whey services are available from the City of Meridian. Wells may be used for non-domestic purposes such as h~ irrigation. z:;~osy sutia;vsia„ nz^oa.o3z, rp-oe-o3a PAGE 7 CITY OF MERIDIAN PLgi~ti 1)jrf'ARTMI~NT STAFF REPORT FUR THE G DATE OF NOVEMBER 8, 2006 All future development of the subject properly shall be constructed in accordance with City of Meridiat ordinances in effect at the ~ of development. .All future uses shall not involve uses, activities, processes, materials, equipme~ and conditions of operation that will be detrimental to nay persons, property or the general welfare by reason of excessive production of trKf$c, noise, smoke, fim>es, glare or odors. • Access to Chinden Boulevard shall be prohibited for this site. The applicant shall be required to dedicate the right-of-way, construct landscaping, a pathway, and noise mitigation along Chinden Boulevard, as required by 1TD and the City of Meridian. • prQVldB a utLty easement,~e •Cek r t~ the nnrfl,aa~r• ..+ P additio Ai la„ri~~a,~,P ,d vent. ARY PLAT ANALYSYS: Based on the policies and goals contained in the Compt~ehensive Plan and the general compliance of the proposed development with the Unified Development Code, staff believes that this is a . Bond location for the proposed siagle`family residential products. Please see Exhibit D for detailed analysis of facts and findings for a Prosy P~• 1. Access: Chind~ Boulevard is a state highway. UDC 11-3H-4B prohibits access to state highways at loeaticros other than at section line roads, or at the %Z mile between scctiorxs. The existing access to Chinden Boulevard should be abandoned. Further, a note should be placed on the face of the plat prohibiting direct lot access to Chinden Boulevard. The applicant should be required to construct noise abatanent in compliance with UDC 11- 3Ii-4D and TTD's design requirements adjacent to the residential uses. The applicant sbauld dedicate right-0f-way, iu accordance with TTD's requircmarts, to allow for futurr highway expansion (100-feet from centerline proposed)-The applicant should eonstzuot a l0-foot wide pathway along Chiaden Boulevard (not currently shown on the plans)(see UDC 11-3H-4C3). ltamblin Court, a public street, is propoacd as the sole access to serve the 145 proposed homes within the subdivision. In addition, stub streets are proposed to the recently approved Keego Springs Subdivision to the south and Bainbridge Subdivision to the east. Once the subdivisionB to the south and east develop, alternative accesses Onto Chinden Boulevard, Black Cat Road, and Ten Mile Road will be provided to the residenxs in this area. Howcvcr, until secondary access can be provid~i to this site, the Merldian Fire Department tts limiting reaidenflal coastractian to 50 homes. See Exhibit B for all comments and conditions from the Fire Department. All of the internal streets, except for the private streets and Taanarak Street (southeast corner of the development), are proposed with a 33-foot street sections and S-foot wide attached sidewalks. Portia~ns of Tamazak Street are proposed as 29 feet wide (measured back-of-curb to baek~of-curb) within a 42•foot wide right-of-way. 2. Schwitzer Avg During the pre-application meetings with the applicant, staff directed the applicant to construct the main entrance i~o the development, Schwitzer Avenue, along the west property line. After ACRD acquires right-of--way for Black Cat Road (48- Trilogy Subdivision AZ-06-032,1T-0~o~2 PAGE 8 CITY OF MERIDIAN PQ DEPARTMI~IT STAFF REPORT FOR 'THE G DATE OF' NOVEMBER $, ~~6 feet from centerline}, amd the owner of Parcel #87330160010 constructs a street buffer (35 feet wid®), there will only be about 145 feet of remaining depth for the parcel, which is approximately 3 acres in size. This remainder depth is not sufficient to dev®lop a street with lots on both sides. Therefore, It is critics! for the redevelopment of Parcel #87330160010 that Sehwltzer Avenge be constracted, from Ramblin t;onrt to Lookout Pass Street, along the western botundary of the subject site, as proposed with the Revised pretiaminars- plat. 3. Private Streets: Four private streets are proposed within this development. The proposed private streets will serve as access to the lots within Block 6 and 7. The applicant has submitted a Private Street application as required by UDC 11-3F-3. The applicant shall design and eoaosttuct the private streets is compliance with the standards listed for Private Struts in UDC 11-3F, Private Streets. The applicant is proposing to construct a 24faat wide improved azea for the private streets (22 feet of paving and 1 foot of n`bbon curb on each side.) Staff is supportive of the proposed private streets. (Please see the required private stxeet findings in Exhibit D.) The proposed private streets arebisected by anorth-south alley. The proposed alley is 16- feet wide. The ACkID has stated that they da nc-t weal to accept or maintain this proposed alley. ff the alley is indeed private, then it should be cons>zucted in accordance with UDC tiC-385. No on stoat parking sha11 be allowed along the two private streets, Brighton and Snow Basin, but may be allowed off of the alley. Vehicles shall be parked in garages, driveways, in the parking lots off of the altey, or along public roads within the subdivision. The private roads shall be siBDned as 00No Parking" pGr the Meridian Fire Llepartment's comments. 4. Common Driveways: Three common driveways and several shared driveways, which are not shown on the plat, are proposed within this development. The UDC allows R 8 ron«i lots sharing a common driveway, or that are accps from asi alleylpiivale stmt, to be a minimum of 4,000 square feet. There are ~8 lots that must be paired, sharing a driveway. Further, Lots 13-15, Block 3; Lots 6-9, Block 9; and, Lots 29-32, Block 1, shall take access from common driveways. UDC 11-SC-3D7 requires setbacks, building envelopes, and orientation of the lots and structures to be shown on the plat; building setbacks should be measured from the edge of the coffin driveway easement or property lines, whichever is more restrictive. Farther, UDC 11-3C-6 requires every single-family dwelling to have atwo-car garage and a 20' x 20' parking pad on the lat. The aspbaldconcrete for the common driveway should not count towards the required parking pad area_ Comply with all common driveway provisions kilted iu LTDC 11-6C- 3D. NOTE: There are Svc Iota that are adjaee~ to the com~eon driveway In Block 9. The UDC aIIows a ma~imalos of foar dwelbings to share s driveway, and all lots abntd~ug a common driveway are to take access from the driveway. StaS' recommends that the location of the common drfiveway easement for Lots 6.9, Block 9, should be shifted 5-feet to the loath so that Lot 10 is not adjacent to the driveway. 5. Hous Qrien ti n. Staff k~as concerns about the orientation of the houses o~n the lots using common driveways. Generally, when reviewing the layout of a plat, staff likes for like yards to match (e.g. -side yard of one lot to abut the side yard of another.) With the configuration of the common driveways, staff recommends that the orientation of the Trilogy 9ubdivislott A7.-06-032, PP-06.032 PAGE 9 CITY' OF M~eRID1aN p0 DF,1'ARTMENT STAFF REPORT FOR THE G DATE OF NOYEII~ER 8, 2006 houses on these lots be restricte,L Staff recomm~rds that ~ houses on Lots 13 and 14, Block 4, should be oriented to the east; the house on Lot 15, Block 4, should be oriented to the north; the houses on Lots 6-4, Block ~, should be oriented to the north; and the houses on Lots 29-31, Block 1, should be oriented to the south, and the house an Lot 32, Block 1, should be oriented to the west, to match the yards of the adjacent lots. h. Pressure Irrigabian: The City of Meridian requmes that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source, If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signabute on the final plat by tho City Engineer. An undergrolmd, pressurized irrigation system should be installed to all landscape areas per the approved s~cifieations and in accordance with UDC 11-3A-1S and MCC 9-1 28. 7. ~ Except along Chiaden Boulevard where a 6-foot tall fence is p~scxl, perimeter fetrcing is not shown orr the submitted landscape plan or preliminary plat. The aPPh a 6 foot tall cedar fe~tce will be constructed a~ uno d the ' et f dev 1 ant s own on the fev~pe p~ ~ w~) Fencing adjacent to all macro-paths is required. The applicant should submit a detailed fencing plan with the final plat application £or rho subdivision. Tf permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimcter prior to issuance of a building permit. All perimeter fencing must be completed prior to issuance of building permits. All fencing should taper down to a 3 foot maximum within 20 feet of all rights-of-way. Fencing shall be installed in accordance withUDC II-3A-7. 8. itches Laterals _,and Canala• As pea UDC 11-3A-6, all irrigation ditches, laterals or carrels, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered_ 9. moping; The landscape P~ ProP~ by South Landscape Architecture, P.C., on 4- 12-06, labeled Sheet L1.0 - L1.3 is approved with tre fallowing modifieations/notes: • Provide a 35-foot wide landscape street buffer aioag Chinden Boulevard as depicted The landscape buffer along the street shall be designed in accordance with UDL' l 1-3B-7 and UDC 11-3H-4C&D. • Provide noise abatement, in accordance with UDC 11-3H-4D, along Chinden Boulevard. • Provide a micro~ath connection through Lot 18, Block 1. Provide landscaping in compliance with UDC 11-3B-1Z, adjacent to themicro-paxhs. • A written certificate of completion shall be prepared by the landscape architect, desigQer, or qualified nurseryman responsible fax the lamiscape plan and submitted prior to City Councll signature of the Final Plat. All standards of installation shall apply as listed 3xt UDC 11-3B-14. Subnut a landscape plea, reflecting the changes/notes mentioned above, with the final plat application{s). T~itogy Snbdivis(on AZ-06.032, PY-Ob-U32 PAGE 10 CITY OF M~illitAN PL b1:PARTMENT STAFF REPORT FOR TEIE G DATE OF NOVEMBER S, 2006 ~dsr~~e Buffer aliong Chiaden Boulevard: Chindea Boulevard, adjacent to the ProP~y~ ~ classi$ed as an Entryway Corridor on the 2002 Future Land Use Map, and requires a ~$-foot landscape buffer per UDC 11 2A-S. The applicarn bas proposed to construct a 35-foot wide landscape buffer along Chinden Boulevard, located outside of the future 100 foot right-of--way far the highway, There is approximately 55 additional feet that will be improved with grass, until TTD purchases it for the widening of trhinden Boulevard. This proposal. meets the 3S foot minimum landscape buffer requirement and accommodates the SS feet of additional area needed by IFD far future roadway expansion (see I.andscapiag above.) 10. Common Areas: All common lots which are approved as open space and will function as drainage areas shall be vegetated and usable by residents. Mairxtenance of all common, areas shall bs the responstbility of the Trilogy Homeowners Association. 11. Qgr~ 4paceJAmenities: Originally the applicant was proposing to act aside 2.51 acres (8.91 °!o of the property) for open space. The revises plea shows 2.1? acres of open space, and the open space iR canfigtued quite differ~tly. Staff is supportive of the revised design as it centralizes the larger opera space areas, and provides good access for all of the x~idents. The applicant has two large common areas that are centrally located within. the subdivision. PedestrlaA pathways (micro-paths) sad a picnic shelter are a part of tl~e open space desiga, as well. The revised landecame elan ows a lar a sto m w~ det~gntian facility where a ,,r sp ce was nrev~iaasly s~rawn (1Lat 8, Black . This 12. Mimeo path: In the agplica>it's submittal letter, he states tlsat a gathway connection $o~m Chinden Boulevard will be provided into the development. However, this pedestrian path is not shown on the plans. Staff believes that a micro-path from Chinden Boulevard int~- this site should be provided (on Lot 18, Block 1). Allmicro-paths shall be constructed in accordance with UDC 11-3A-8. Landscaping adjaeeflt to all miero~aths should eoaiply withunc 11-38. 13. Tree ' 'ga,.~i'on: There are large trees on the site which the applicant is prapasiAg to renmove or relocate. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of those removed. l~e+quired landscaping trees will not be considered as replacement trees far those that are nerved. The applicant should coordinate a mitiga~on plan with Elroy Huff at the Meridian, Parks Department. 14. istin~ Strom: The site ~t1y contains multiple buildings- Because the existing struc;turea span across proposed lot lines, all buildings should be removed or relocated, prior to si~ratttre of the final. plat by the City En$iaeer. 1S. idewallc• LTDC 11-3A-17D requires sidewalks on both sides of public stress. Karabin Street is currently improved with paveme~at only. The applicant is not proposing to construct sidewalk along Ramblin Court, whets the property is adjacent to the existing right-of--way. Staff believes ghat the large lots is Rambo Subdivision will redevelop in the future. When these properties redevelop the City will look to acquire sidewwakk along the portion of Rambliu Court that is being developed. Tbenefore, if a 5 foot wide concrete sidewalk is not required on Ramblin Court adjacen to this parcel (adjacent to Lots 1-3, TYilogy subaivisi~ az-o~o3a, PF-fl6-032 PAS 11 C11Y OF MERIDIAN PLA>~G DfiI+AKI'MBNT STAFF REPORT FOR TIC G DATE OF NOVEMBER. 8, 2006 h3lock 5), there will ~ a gap in the sidewalk infrastructure. Staff recommends that the applicant be required to construct a 5-foot wide sidewalk along Ramblin Court, where they abut the existing right-ot=way. ghee plam~ dt Zonin~• Commission„req a~rphcant to road trust., not consttuGt the Sidewalk alarm Ramblin Cce~t fIf Schwitzer eaue. b_ Staff Recommendation: Based on the above analysis, staff finds the AZJPP/PS applications substantially conform to the Comprehensive Plan policies and UDC standards..As noted under the Conditions of Approval in Exhibit h3, staff recommends residential constnu~tion be limited to 50 lots until such time that at least oitc additional access to the subdivision can be provided via the Bainbridge or Keego Springs Subdivisions. (See Fire Department Development Review Comments and Requirements, Exhibit l3) Staff Recommends approval of the subject AZ/PP/PS applications with the conditions shown in Exhibit B, Oa October S. Z 11. E7~yI'S A, Drawings l . Preliminary Plat (dated: September 2A, 2Qt1~ 2. Landscape Plan (dated: Q~ber 30, 20~ $. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Departm~t 5. Parks Department 6. Sanitary service Company 7. Ada County Highway listrict 8. Central District Health Department C. Legal Description D. Required p'indings from Unified Development Code Tnlogy S~bdivisi~ A2-06-032, PP-06-032 PAGE 12 CTf Y OF ME[tIDTAN PG DEPARTMENT STAFF REPORT FOA THE G DATE OF NOV~IIt 8, 2~6 A. Dravv~irsg8 Preliminary Plat (Dated: September 24, ~OOfi~ ~;xhibit A CITX OF M~IAN PL~A1~i1~ DEPARTMENT STAFF REPOR? FOR TFIE (~ DATE OF NOVEMBER $, 20~ Exhibit A CITY OF MERIDIAN PG DEPARTMLN'!' ~ 1'AlIN' 1tEPORT FOR THE G DATE OF NOVEMBER. 8, 2006 2. Landscape Plan (dated: C_?ctober 30.2006 ~~ ~~ ~1 ~~ ~` ~ :-V ~A16 PMGTI/t@ PIl~ P~iGE. u~ °r ~ .ti "s,. NOTE e.w.., ~a:.ars..~..... w-.. e...... ~..~w.r..tre..'e.r..... ~ ~~ ~..w p ~~" ..7i' ° ~ ' SS~ ' w '~~.2Tr '~T...i ~. w w TRILOGY SUBDIVISION M8s101AN.10AN0 C19 O8Y8LOPPIBNT ~e~..::__ ._. ~+ .4..".. ~..~..,w... ,~~,~. ~9.Gt~- F~F'Cr7Jf~L ~~ ~ P/1LET1'8 , ....+._ _ ~~A.~ ~~ ~~ {~ ~~ ~ ~' ' i~. ~~ ~~ ~~ LANDEGAi~L GpLGdJLAT,~QI y _ _ ...._ ~~ ~~°+_f...ea. ~+R~~~~ ~ >~. $xlubit A Cl1Y OF MERIDIAN h?J.Ah~(# DEPARrN1ENT STAFF REPORT FOR TI$ G DATE OF NOVEMBER S, 2005 B. Conditions of Approval x. >~.ahvrrarGn~r~x~ 1.1 ANN$XATTON COMMENTS 1.1.1 Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner(s) (at We time of annexation ordinance adoption). and the developer. The a~pptlt~nt shall contact the CYty Attorney, BID Nary, at 888-4433 to initiate this process. 1.1.2 The annexation legal description submitted with the application (dated February 21, 2006, stamped by Charles Hardee, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.1.3 Any ftriure subdivision, uses, and construction on this property shall comply with the City of Meridian ordinances in effect at the time of permit submittal. 1.1.4 Access to Chinden Boulevard shall be prohibited for this site. The applicant shall be required to dedicate the right-of-way, constrict landscaping, pathway(s), and noise mitigation along Chinden Boulevard, as required by 11'D and the City of Meridian. 1.1.5 Provide a ntilYty esaem nt to Lhn Jamcek nronerty to he ne ti~~• ~..slre additional -- ~~+. 1.2 STYE SPECIFIC REQVITS-PRELIlVIINARY PLAT 12.1 The preliminary plat labeled as Sheets 1.0 and 2.0, preparal by 'VV' 8c H PaGif G, dated September 20, 2006, is approval, with the conditions listed herein. All comments and provisions of the accompanying Annexation and Zoning application (AZ-06-032) and futtue development agreement shall also be considered conditions of the Preliminary Plat (PP-06-032). 1.2.2 The landscape plan prepared by Jgna~n Belts. on 10-30-06. is at~nroved with the following modiflcations/notes .~ _,.a.....a..,_ s_ ~..a-....a_., a., sa,~ s u -.a s~s...e~ea~u--ter-r ~~~. and on i S_ lgieck~ is a„ i-r_rioat~en nontL- not s storm d* in mnd: • Provide 2.iT acres (T.Ti% of the site) for common open space. • Provide a 35-foot wide landscape street buffer along Chinden Boulevard as depicted. Tlxe landscape buffer along the street shall be designed in accordance with UDC 11-3B-7 and UDC 11-3H~4C8tD. • provide a 6-foot tall solid fence and noise abatement, in accordance with UDC 11-3H- 4D, along Chinden Boulevard. • Provide amicro-path coffiection through Lot 18, Block 1 _ Provide landscaping in compliance with UDC 11-3B-12, adjacent to the micro-paths. Provide fencing adja~ceut to micro paths as required. by UDC 11-3A-7A7a. • Construct a picnic shelter and any other amenties proposed during the public hearing prods. • Coordinate a tree mitigation plan with Elroy Huff of the Meridian Parks Department. • A written certificat® of completion shall be prepared by the landscape architect, designer, or qualified n~ymaa responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDG 11-3B-14. Exhibit h3 CITY OF MERIDIAN PG DEPARTMENT STAFF REI'OIZI' l~UR THE G DATE OF NOVEM$ER 8, 2006 Submit a landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). l .23 Place a note on the face of the final plat prohibiting access to Chiinden Boulevard Construct noise abatement in compliance with UDC 11-3-HAD and 11`D's design requirements adjacent to Chinden Boulevard. Construct a 35-foot wide street buffer and a 10-foot wide pathway adjacent to Chinden Boulevard. The applicant shall meet the Idaho Transportation Department's right-of- way dedication requirement of 100 feet from street centerline far Chinden Boulevard, the 35 foot landecape buffer shall not be included witbia this measure~mcnt. 1.2.4 Provide stub streets to Keego Springs Subdivision to the south aid Bainbridge Subdivision to the east. Undl a Meridian Fire Department approved secondary access can be provided to this site, no more than 50 homes shall be constricted. 1.Z.S Design Tamarak Street to comply with ACRD and the Meridian Fire Department's requirements for street section, right-0f--way, emergency access and parking restrictions. 1.2.6 Construct Schwitzer Avenue, from Ramblin Court to Lookout Pass Street, along the western boundary of the site; provide continuous frontage to Parcel #87330160010 from Sehwitzer Avenue. 1.2.7 Construct Brighton and Snow Basin both private atreots, to comply with the standards listed in UDC 11.3F. Parking shall be prohibited along the private streets. C)btain approval from the Ada County Street Name Committee for the private, stroet names. Prior to signature of the final plat, the applicant shall provide documentation of a binding contract that establishes who is responsible fat the repair aid maintenance of the private streets. The private streets shall be depicted on the face of the Snal plat(s). The applicant shall redesign all entryways to private roads to meet the Fire Department's requirement of 28' inside / 48'outside turning radius. These changes would eliminate the tightness of the fuming radius at all cntrancxs to privato roads to better accommodate emergency service vehucles. 1.2.8 If ACHD will not acxept the proposed north-south alley bisecti~ag Blocks 6 and 7, then the alley shiould be constructed in accordance with UDC 6C-3BS. Parking may be allowed off of the alley, provided there is at least a 25-foot wide backup area (m,oasured from the back of stall to back of stall). 1.Z.9 AU lots between 4,000 and 4,999 square feet shall either share driveways, ar take access from a private stied. Lots 13-15, Block 3; Lots 6-9, Block 9; aid, Lots 29-32, Block 1, shall take access from common driveways. All of the lots adjacent to the tuaiuvn driveway shall maintain at least 10 feet of public stmt frontage (tla~g) and the common driveway easement should be depicted and explained on the face of the (anal plat. Place the building setbacks/envelopes and orientation of the lots and structures that use the common driveway on the face of the final plat. Building setbacks shall be measured fiom the edge of the common driveway easement or property lines, whichever is more rrestrictive. Provide atwo-car garage and a ZO' x 20' parking pad on each lot. The asphalt for the common driveway shall not count towards the required pazking pad area. Comply with all common driveway provisions listed in UDC 1 l -6C.3D. 1.2.10 The houses oa Lots 13 and 14, Block 4, should be arientecl to the east; the house on Lot 15, Block 4, should be oriented to the north; the houses on Lots 6-9, Block 9, should be oriented to the ~~~~:~ CITY OF MERIbIAN PL~Cf bEl"ARIMENT STAFF REPORT FOR 71.1E G DATE Ole NUY ~MBFR 8, 2~6 north; and the houses on Lots 29-31, Block 1, should be oriented to the south, and the house on Lot 32, Block 1, should be oriented to the west, to match the yards ofthe adjacent lots. 1.2.11 All homes within the subdivision shall contain at least 1,200 square feet of living area, as proposed. 1.2.12 Maintenance of all common areas shall be the responsibility of the Trilogy Subdivision Homeowners Ass~iation. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be coveted. Plans will .need to be approved by the appropriate irrigatian/draiaagc district, or lateral users association (ditch owu~), wish written approval or non approval submitted to the Public Works Dept. T£ lateral users association approval tau not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.2.13 Underground, pressurized irrigation mnrst be prnvidcd to all lots within, this development. 1.2.14 Because the existing structures span across proposes lot lines, all buildings should be removed or relocated, paor to signature of the final plat by the City Engineer. GENER4L REQZIIREMENT~PREZIA~IVARYPLAT 1.3.1 SidewaUo,/walkways shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.2 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A 11. 1.3.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a suuface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be rca~pu~ible for the payment of assessments for the common areav prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC: 11-3A-1 S and MCC 9-1-28. 1.3.4 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as noted in this report shall be submitted for the subdivision with the final plat application. Where the applicant has submitted a preliminary landscape plan and where Rtarff bas r®viewed such plan, the landscaping sha11 be consistent with the preliminary plan with modifications as proposed by staff 1.3.5 The applicant shall submit a fencing plan with the final plat application for the subdivision. if permanent fencing is not provided, temporary conslnrction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences shall taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed m acc+ardancewithUDC 11-3A-7. Ex}u'bit ~ CITY OF MffitIDIAN PLAI~TQ DEPARTMENT STAFF REPORT FOR TY3E ~T~.u DATE OF NOVEMBER 8, 2~6 1.3.6 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of calipear inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those try that have to be mitigated. 1.3.'~ All irrigation ditches, laterals, or canals intersecting, crossing, or lying adjacent and. contiguous to the area being subdivided shall be tiled per UDC 11-3A-6, unless otherwise approved by the appropriate Irrigation District. Plans will need to be approved by said 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 not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.3.8 Stairs failure to cite specific ordinance provisions or terms of the approved ' annexation/conditionalnsedoesnot relieve the applicant of responsibility for compliance. 1.3.9 Preliminary plat approval shall be subject to the expirarion provisions set forth. in YJDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via the future N. Black Cat Trunk. This ~operty is currently not serviceable by the City of Meridian's sanitary sewer system and the City of Meridian does not guarantee service in the timeline outlined in the UDC. 2.2 ATo"'temporary" or "interim„ lift stations shall be allowed on this site. 2.3 'The applicant shall install a 4-inch service to the out~arcel (#50427212500) and dedicate with the final plat a sanitary sewer service easement along at- irAterior lot line to protect this service. 2.4 Water service is being proposed via extensioxr of future mares in N. Black Cat Road and connections to planned mains in adjacent development. This property is currenntly not serviceable by the City of Meridian's potable water system and the City of Meridian does not guarantee service in the timelines outlined in the UDC. 2.5 The applicant shall be required to capsize the water main to 12-inch fi~o~m Black Cat through W. Ramblin Court, up Schwitzer, to the nortb~ly most road Lookout Pass St., then to the stub street to the Bainbridge Subdivision. 2.6 The master sewer plan shows an 18-inch tnrnk routing through thisproperty- The applicant shall cmordinate with the Public Vi~orks Department the routing for this trunk prior to construction plan submittal. 2.7 The applicant shall install water and sewer mains ro and through this site; applica~at shall txwrdinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover aver sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in cx~rrfomraxrce of City of Meridian Public Works Departments Standard. Specifications. 2.8 Any potential reimbursement agreements must comply with all requirements of City Code 9-I -13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being i3naliz~ prior to cmrstructioa plan approval. The detailed agreeuaent with the reimbursable amormt shall. be approved by Council prior to plat signature. 2.9 'The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public rig~rt of way (include all water seavices and hydrants). 2.10 The applicant has indicated Settlers will own and operate the pressure irrigation system in this proposed development. T~efore a letter of plan approval from Settlers shall be submitted prior ice. ~i:~~:] G11'Y OI° MERIDIAN PLA1~G DEPARTMENT STAFF REPORT FOR THE (# DAlE OF NOVEMBER 8, 2006 to constriction plan approval. 2.11 The City of Meridian requires that pressurized irrigaticm ~aystems be supplied by ayear-round source of water (UDC I 1-3A-6). The applicant should be ~ to use any e~,isting surface or well water for the primary source, If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilised, the developer will be responsible for the payment of a~~ments for the common areas prior to signature an the final plat by the City ingineer. 2.12 Any water meters located irl common driveways shall be constructed of upgraded materials per City of Meridian Standard Specifications. Z.1 ~ Meridian Public Works specifications da not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustno~ents to achieve this separation requirement and comply with all landscape requirements. 2.14 Any existing domestic wells and/or septic systems within this projeot shall be rcmovcd from domestic service per City Ordinance Section 9-1~ and 9.4~-8. Wells may be used for non domestic purposes such as landscape irrigation. 2.15 Per UDC 11-3A-6 all irrigation ditches, laterals or camas, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be appmveti: by the appropriate irrigation/drainage districd, or lateral users association (ditch owners), with written approval or avn-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not bo obtained, alternate plate will be reviewed and approved by the City Engineer. 2.1 G The applicant has not indicated how the storm drainage from the proposed pxivatC slreels will be disposed. A drainage plea designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. SS'~,10-ll-91) for all off-street parlang areas. Storm water treatment and disposal shall 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 uriless 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. 2.17 Street signs are to be in place, water systotn shall be approved and activated, fencing installed, drainage lots constructed, mad base approves by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.18 A letter of credit or cash surety in the amount of 110'~o will be required for all uncompleted fencing, landscaping, amenities, pressta~ized imgation, sanitary sewer, water, etc., prior to signatuue on the final plat. 2.19 All development improvements, including but npt limited to sewer, fencing, micro-paths, pre.~surized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.20 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. 2.21 It shall be the rnsybility of the applicant to ensure tUat all development features comply with the Americas with Disabilities Ant sad the Fair Housing Ant. 2.22 Applicant shall be responsible for application and compliance with and NPDES Permitting that Exriibe B CITY OF MERIDIAN PLAI~(3 DEPARTMENT STAFF Rl;:!'UAT FOR T&IE G DATE OF NOVEMBER 8, 2006 may be required by fire Environmental Protection Agency, 2.23 Applicant shall be res~nsible for application and compliance with any Section 404 I'er~nitting that pray be required by the Awry Corps of Engineers. 2.24 Developer shall coordinate mailbox locations with the Meridian Post O$ice. Where mailboxes are located on ar near sidewalks the applicant shall comply with all American with Disabilities Act requirements for unobshucted sidewalk access. 2.25 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered back5ll, where footing would sit atop fill material. 2.26 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation This is to ensure that the bottom elevation of the crawl spaces ofhomes is at least 1-foot alcove. 2.27 One hundred watt, high pressure sodium streetlights shall be required at locations designated by the Public Works Department. Height for 100 watt fixtures is 25-feet, height far 250 watt fixtures is 30-feet. All streetlights shall be installed at subdivider's expense. Typical locations are at street inttions and/or .fire hydrants. Final design locations and quantity are detertni.u~1 rafter power designs ate completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FIItE DEPARTMENT i. One anti two family dweWn~ will requ~ a fire-flow of 1,000 gaUor,,a per minute available for dwration of 2 hours to service the entire project. Fire hydtatds shall be placed. an average of 500 feet apart. Yntematianal Fire Code Appendix C. 2. Acceptance of the water supply for fire protection will be by the Meridian Fire Departsnesnt and water quality by the Meridian Water Depaztment for bacteria testing. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Depariment. a. Fire Hydrants shall have the 4 'h" outlet face the main street or parking lot aisle, b. The Fire hydrant shall not face a street which does not have addresses on it. e. Fire hydrant markers shall be provided per public Works specifications. d. Fire Hydrants shall 1m placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10°. f. Fire hydrants shall be place 18" above finish glade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed ar existing hydrants for all nevP construction or additions to existing buildings within 1,000 feet of the project. 4. The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around 5. All entrance and internal reads and alleys shall have a turning radius of 28' inside and 48' outside radius. 6. All common driveways shall be straight or have a diming radius of 28' inside and 48' outside and shall have a cleaz driving surface which is 20' wide. 7. ~ Provide a 20-fast wide Fire Lane for all internal roadways, including Tamarak Street and the private strcets. AII roadways shall be marked in accordance with Appendix D, Section D103.6 - Signs. 8. l:ar all Fire Lanes, paint the curb red and provide signage "~To Parking Fire Lane". Exhibit H QTY ~' MERIAIAN PG DEPARTII~NT STAFF REPORT FOR TH$ p DATE OF NOVF.M$ER 8, 2006 ~. Uperational fire by t~rar3' or permanent signs and access roads with an all weather surface era required before combustible constntction is bnottght on site. 10. Ta ina+ease emergency access to the site a minimum of two pait~ of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by no lass than ~f the diagom~l measurement of the full development. 'The applicarrt shall provide a stub street to the property to the west for firttue connection to Tamarak Street, and o~ae to the east for future connection to Danner Ridge Street, Until a aecond~ a can lbe provided, no more throat 50 homes sLaD lm allowed within ~ development. 11. T&e promised 148-lot subdivision with as estimat~x12.9 residents per household would have a total. population of 420 residents at build out. 12. The Fine Dept. has ~roncenis about the ability w address the project, specifically the lots to the south of block 5 and those with common driveways, and have the addr+ess~ visible from the street which the project is addressed off of. Please coirtact the public Works Dept. Addresoing Specialist at 898-5500 to address this concern prior to the public hearing. 13. Where a portion pf the facility m building ~hereaiter constructed or „roved into or within the jurisdiction is more than 400 feet (1ZZ m) from a lrydtunt oa a fire apparahts access road, as measured by an approved route around the exterior of the fitcility or building, on-site fire hydrants and mains shall be provided where mired by the code official. 1?or buildings equipped throughout with an approved automatic sprinkler system installed is aeeordamce with Sec4ion 9033.1.1 or 903.3.1.2 the distance requin~ shall tie 60D feet (183). a° For Groff R 3 and Group U occupancies, the distance regitiremem shall be 600 feet (183 m). b. For buildings equipped throughout with art approved automatic sprinkler system installed in accordance with Setxion 903.3.1.1 or 9033.1.2, the distance requirement shall be 600 feet (183 m). 14. Emergency response routes and fine lanes shall not be allowed tv have speed bumps. 1 S. Alleys that serve mews shall be at least 24' wide. 4. Potstc~ DErAR~Nr 1. Blocks one, four, and six create residences that will be isolated from thefr surrounding neighbors. Such areas have an increased crime potential. Prior to the next public hearing, the applicant shall work with the Police Chief and/or Planning Staff to revise the plat/site plan such that th® houses/dwelling units in the general area are orlettted toward one another and encourage interaction between more Neighbors. The site plan shall be revised in accord with those discussions. 5. PaR[~s DEPAIftTMENT 1. Pathway and Trail standards: The proposed patb~way and/or trail shall be constructed in accordance with the Meridian. Park Depaztutent's requirements. Z. Standard for City to assume Maiintenan~ce of a section of Pathway: The pathway must connect fram one major arterial to another, and either an ~sement or ownership deed must be grarrted before the city will assume the maintenance of any section of pathway. 3. St~adard for Mitigation of trees: The standard established in the City oaf Meridisw Laudst;ape Ordinance (UDC 11-3$-IO) will be followed. 4. Standard Plan for Protection of Existing Trees during Constntction: The standard established in the City of Meridian T.andscape Ordinance (LTDC 11-3B-10) will be followed. M~+~3 CIIY.OT+ MERIDIAN PG bEPARTMENT S'1'ANI: Rrr~URT FOR TEIE (I DATE OF lVOV1gViHER $, 2006 6. SANITARY SERVICE C011~ANY I. Please contact Bill Grregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 2. SSC will sot provide trash pick up services utilizing then common driveway. The dcvclopcr shall install a concrete pad at the end of the common drive no more than five (~ feet behind the sidewalk. The pad shall be of sufficient area to accommodate the receptacles of the residences that take access from the caoma~n driveway. 7. ADA COUNTY HIGHWAY DISTRICT 1. Comply with requirets of 11'D and the City of Meridian for the SA ~-I'OVY 20/26 frontage. Submit a letter to the District $om 1TD regarding said requirements prior to District approval of the final plat or issuance of a building pcrmit (or other required permits), whichever occurs firxt. 2. Construct a southbound left turn bay and a north bouml right turn lace and taper on Black Cat Road only if the warranted rum lanes can fit ip. the existingright-of-way. 3. Construct curb, gutter, and S-foot attached concrete sidewalk on Ramblin Court only adjacent to the entrance road (Schwitzer Avenue) for approximately 20-feet to the east at-d to the west of the roadway. 4. Coasrr~t all internal local streets as a 33-foot street section (with local fire degarbment approval) with curb, gutter, and attached 5-foot concrete sidewalk within 50-feet ofright-of--way. 5. Provide 29-foot stream section on each side of the proposed center island. Any Proposed landscape island/medians within the public riglrt-of--way dedicated by this plat shall be owned sad maintained by a homeowners association. Note of this are required on the final plat. The design should be approved by ACM's Development staff. 6. Provide traffic calming (i.e. chokers, bulb-outs, traffic circles, etc.) along Lookout Pass Road. The applicant shall coordinate the location and design of the traffic calnrling devices with District Traffic Sarnices staff. 7. Construct stub streets to the surrounding properties as identified below. Install a sign at the termimrs of each roadway statia~ ~~THIS ROAD WILL BE EXTENDED IN THE FUTURE." First stub street to the soar, Banner Ridge Street, is proposed to be located 460-few north of south east property line (measwed property line to centerlite). First stub street to the west, Tamarak Street, is proposed to be located 200-feet north of the south roost property lltso (z<rr~urnd propcaty line to centerline). Second. stub street to the west, Lookout Pala Street, is proposed to be located 220-feet south of the north property line (measured property lice to centerline). 8. Construct one roadway to intersect Ramblia Court located 270-feet east of the Black Cat/ltamblin Court intersection. Construct two private roadways (Snow Basin Street and Brigizton Street) to intersect the public roadway system approximately 600-feet north of the south property lice aad approximately 360- feetsouth ofthe north property line, as proposed. Exhibit S CITY OF MERIDIAN PLAll~TTa DEPARTMENT sTAi•1~' Ittrl'()RT FOR THE ©DATE OF NOVEMBER S, 2006 1d. The applicant sha11 construct the one propasednorth-youth lb-foot alley as a private alley, not dedicated to the public. 11. Other than the access specifically approved with this application, direct lot access is prohibited to ('.hirnden Blvd and shall bre noted on the :final plat. 12. Comply with all Standard Conditions o£ Approval. $. CENTRAL DISTRICT HEALTH DEPARTMENT 8.1 After written approval from appropriate entities are submitted, we can approve this proposal far c~tral sewage and central water. 8.2 'The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to crate a mosquito breeding problem. EacL~bit $ QTY' OF MP,RIDTAN PL~NG DEPARIML~Ti' 3TAPF REPORT FOIL 'lN~ARlN(i DATE OF JULY 20, 2006 G. 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Bieda deorr~ [e 6tdD h101tiN, bof~o dlvis Pions Gao~OOele~jioMne West 3aow. 8726 ~ A~ S- L ~M MAC- E~ `~ 2~~i ~ ~~ woo >~~~ c CITY OF ~IDIAN P~NITiG DEPARTMENT STAFB ,REpOR l' FUR T~4EEARING BATE OF JiJLY 20, 2fl06 S19CRg'~CF1' FOR PARCEL DNE A p op rangy ~a a r of for ~ arrocx ~, ~aa xocarsrti rx ~ ~varr~s~ o~~~/yr~~a~~~ ~~a aF ~~ 1.~4 ~~ ~ ~Viellr - fi® rORM LOlRGfin IkS-Y01t' ~+wV N.T.8. 1qW~K frKaE !EC 2l /M~pi~i~~RpR 38Cy1t /~ ~i /~ i~g~t!}~Dr ~ ~ ltiK ~l ~~tlp~~s.W9~7"pdf $~2,6s7.r8' COR IYG~ ilpl~iYS~l1~ 7~9~ 39 ~ ~.ae• ~+. ~I I 9r3ftfi'4B'E /~ 04 ~ ~~ ~ SJrN4l~lOjE }O6S8' ~~ ~ ~; i; I~ ~ R A 111 B O S U B D Y I S I O N I~ ~ ~ ~ ~ ~' N~s~'M~ I~ ~ 1~ b~ .PACIFIC rte` m..4..~...~...r.~. MAR {: l 20Q6 MERId1AN PUBLIC wORIS9 d6P'L 872e w'jy F~h>Ibit C QTY QF MBRmIAN P~NII~TCi DIr+PAR~'1kiRtVT STA>~F REPORT FOk TRING DATE OF .1ULY 20, 200b .CO'ss~ J ~ rpi~` - --- ~ ~ OR ~-~e+~ y~ ~~ s,~ ~ ~~ ° ~ ~~~ ~, N ~ ~ ~ ` ~ ~' ~ ~' Q ~~ ~ ~ ~ ~~ ~- ~~ ~~ ~ , ~ ~~ ~- ~ ~ ~ , ~~ 4 ~ ~ ~ ~ ~ ~ ~~ ~ Q ~ ~ ~ a a a ~ ~ ~ ~ ~ ~ rixr+roQ Avis ~ ~ ~ ~ ~ ~ ~ _~ ~~ ,_ 6 ~~ 0 ~~ t~ ~~ aF MERIDIAN Y~NlN(~ r7-EPARTMEIV~' STAFF REPORT FOR T~~(} DAB OF JULY 20, 2006 D. Required Findings from Unified Development Code 1. Annexagon Findings: Upon recommendation from the Commission, the Council• shall make a ft~ inveshtgatian and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the CouncII shall make the fopowing t~ndmgs: 1. The map amendment complies with the spplieable provisions of the comprehensive P~~ The applicant is proposing to zone all of the subject property to R 8. City Council finds ~ the ]?m'!m~ mining map amendment complies with the applicable provisions of the Comprehensive Plan. Plessc scc Comprehensive Plan Policies and C3oals, Sec;lion 8, of this Staff Report. 2. The map amendment compLtes with the regplalions outlined for the proposed district, speci~6cally the pnt~se statement; City Council Ends that single-family residential uses are allowed within the requested zoning district of R $ as a Principally Permitted Uae. The accompanying plat demonstrates the land will be developed with varying lot sizes and other dimensional requirements which conform to the promised zoning designation. 3. The map amendment shall not be materially detr~entsl to the public health, safety, and welfare; City Council finds that the proposed zoning amendment will not be detrimental to the public Health, safety, or welfare. Staff recommends that the Connmissian and Council rely on any oral or written testimony that may be provided when determining this finding. 4. The map amend®ent shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, City Council fi>~ that the proposed zoning amendment will not result in any adverse impact upon delivery of services by any political subdivision providing services to this site, as conditioned in the staff report. S. The annexation is in the bat of intere~ of the City (11'1uC;11-S1i-3.E). City Cowacil finds that all ess~ttial services will be provided by the developer to the subject property and will not require unreasamable expenditure of public #imds. The applicant is proposing to develop the land, in general compliance with the City's Cernprehensive Plan; and this is a logical expansion of the City limits. )<n accordance with the findings listed above, Citv Council finds that Amiexa~ 'on and Zoning of~his properly to -8would be in the best interest of thg Citv 2. Preliminary Plat Findings: Lt consideration of a preliontnary Plat, combined preliminary and final plat, or short plat, the dedeio~-making body shall matte the #oIIowing findings: 1. The plat is io conformance with the Comprehensive Plan; Exhibit D C11'Y OF ~~ p~NO D8I'ARTMENr STA~~ ltEt'OKT FOB TARING DAT); dF JULY 20, 2006 City Council finds that the proposed. application is in substantial compliance with the adopted Comprehensive Plan. City Council supports the proposed density and proposed plat layout, with recommended cbagges, as they comply with the provisions of the Comprehensive Plan. Please s~ Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. Z. Public servlees are available or can be made svoiloble and are sdegnate to accommodate the proposed development; City Council finds that public services call b+e made available to accommodate the proposed development. (See finding Items 3 and 4 above under Annexation Findittgs far more details.) 3. The plat is in conformance with scheduled pHblie improveme~ m accord with the City's capital improvement program; Becauso the developcx is installing sewer, water, and utilities for the develop~t at their own cost, City Council finds that the subdivision will not r~uire the expendit~ue of capital improvement fiords. 4. There is pubLtc financial capebflity of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACZ:ID, etc.) do determine this fording. (See Exhibit >3, Agency Commits and Conditions, for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; end City Council is not .aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council's attention. ACRD considers road safety issues in their analysis. Staff recommends that the Commissian and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 6. The development preserves signiileaat ~aataral, sic or historic features. City Council is unaware of any natural, ac~ic, or historic features on this site. Therefore, City Council finds that the proposed detrelopmemt will not result in the destruction, loss or damage of any natural, seemic ar historic feature(s) of major importance. Staff recommends that the Crnmmissioa sad Council reference any public testimony that may be presented to detenm~ne whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware, 3. Privaxe Street Findings: 1. The Design of the private street meets tits requutt°ements of this Article; Exhibit D ~~ OP ~~ G b~'AR~'~' STAFF REPORT FOR TARING DATE OF JULY 20, 2006 City Council Fords that the design of the private streets meets the standards ~ set forth in UDC i i-3F-4. 2. Granting approval of the private street world not cause damage Lazard, or pulsance, or other detriment to persons property, or uses id the vlp~ty; and City Council does not atrticipate any hazard. nuisaDCe or other detriment from the private streets if they are installed cad maintained as deigned, and comply with the UDC. 3. The use and location of the private street shall not co4flict with the comprehensive plan and/or the regional transportation plan, City Council finds that the use and location of the proposed private streets will mot couflict with the compraheasive plan or the regional transportation plan, Exhibit D • • February 9, 2007 MI 06-010, MI 06-O1 l MERIDIAN CITY COUNCIL MEETING February 13, 2007 APPLICANT Treehaven, LLC ITEM NO. 7-G REQUEST Addendum to DA to include property located at 6745 N. Black Cat Rd & including a provision to permit the installation of a double wide mobile office on the property at 4740 W. Chinden Blvd for The Tree Farm AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: 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: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See attached Development Agreement ADA COUNTY REIbH~. DAVID NAVARRO AMOUNT .00 83 BOISE IDAFIO 021x1107 02:06 PM DEPUTY ~~I Aden III IIIIIIIIIIIIIIIIIIIIIIIIIIII111111 RECORDED-REQUEST OF 107025555 City of ~®ridian ,. _. . FIRST ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Treehaven, LLC, Owner/Developer The following is an addendum to that certain. DEVELOPMENT AGREEMENT, entered into on the 23`~ day of August, 2006. This addendum is made and entered into this st day of , 2007, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY', and Treehaven, LLC, whose address is 2242 East Riverwalk Street, Suite 200, Boise, Idaho, 83706, hereinafter called "QWNER/DEVELOPER". pWNER/DEVELOPER agrees to be bound by the terms of the original Development Agreement (instrument #106151218), on the land described in Exhibit "A", except as specifically as follows: 1. The parties hereto agree that the development of the property described in Exhibit "A" shall be in accordance with the terms of the above described Development Agreement, entered into on the 23`d day of August, 2006, and recorded on September 21, 2006 as instrument #106151218, Exhibit "B", or those City ordinances in effect at that time any subsequent conditional use application is filed, whichever are more restrictive. 2. That the requirements and restrictions of the above described Development Agreement, Exhibit "B" be modified as follows: a. The Development Agreement shall incorporate the property as in attached Exhibit "C" in the existing DA and that all conditions and terms of the existing Development Agreement, (instrument # 106151218) shall apply to the property as in attached Exhibit "C". b. That Section S.1 be replaced with the following: S.1 "All future development of the Property shall be constructed in accordance with the UDC as it exists on the date of this Agreement; provided, however, that uses may be expanded but nat limited by any future amendment to the UDC, and the existing txee farm nursery may continue to operate as it presently exists on the Property, including all existing structures and access points. In addition the existing free farm (nursery) will be allowed to relocate its offices from their current location at 4042 W. Chinden Boulevard to a mobile office building to be located at 4740 W. Chinden Boulevard. In association with this relocation the ADD1aNDUM TO DEVELOPMENT AGREEM$NT {MI 06.010 and MI 06-011 TREEFARM ANNEXATION) PAGE 1 OF $ • applicant may install a new septic system at 4740 W. Chinden Boulevard to serve the mobile office building until development of the property upon which the mobile office is to be located or until January 1 2012, whichever comes first. The septic system shall be removed at that time and any building permits on this portion of the property shall be contingent upon connection to the city sewer. Furthermore, within five years of the date of this amendment to the development agreement all uses and structures on this property associated with the tree farm nursery shall be abandoned." 3. That "OwnerlDeveloper" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation of the "Owner/Developer", or their assigns, heirs, or successor shall not meet the conditions of this addendum to the Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 4. This addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This addendum shall be binding on the "Owners" of the "Property", each subsequent owner and any other person(s) 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 hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner" ar "Developer", to execute appropriate and recordable evidence of termination of this addendum if "City", in its sole and reasonable discretion, had determined that "Owner/Developer" has fully performed its obligations under this Addendum. 5. If any provision of this addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 6. This addendum sets forth all promises, inducements, agreements, condition, and understandings between "Owner/Developer" and "City" relative to the subject matter hereon, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner/Develaper" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or ADDENDUM TO DEVELOPMENT AGREEMENT (MT 06-010 and MI OG-Ol l TREEFARM ANNEXATION) PAGE 2 OF 5 addition to this addendum 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". a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended within the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 7. This addendum shall be effective as of the date herein above written. ADDENDUM TO DEVELOPMENT AGREEMENT (MI 06-010 and MI 06-011 TREEFARM ANNEXATION) PAGE 3 OF S C assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". a. Except as herein provided, no condition governing the uses andJor conditions governing development of the subject "Property" herein provided for can be modified or amended within the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 7. This addendum shall ~be effective as of the date herein above written. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: TREEHAVEN, LLC ~~]r "~ BY: J.. V~ PETER S. O'NEII,L, MANAGER CITY OF MERIDIAN BY: MAYOR T de WEERD ~l 1tiuulllur/rr Attest: `,~~~ ~ ~~~I~~~'_~~;7 C~ CdYu-,,.c~c.~ Z /3-~0 7 .~~ _ ~~~ ~~a WII.LIAM G. BERG ., TTY~L ~~}~~ ~~ ~~ `~ ~ ~~ ,'der 11111 It1 '',/f',''/~~ ~ ~ l 1 1111 \\t\~`\'`'`~ ADDENDUM TO DEVELOPMENT AGREEMENT (M106-010 and M106-O1 l TREEPAItM ANNEXATIOl~ PAGE OF of 5 • STATE OF IDAHO ) . ss: County of Ada ) :7 .~' On this day of ,/'I 2007, before me, a Notary Public in and for said State, personally app Peter S. O'Neill on behalf of TreeHaven, LLC, known or identified to me to be the manager of said corporation, who executed the instrument on behalf of said company, 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 yeaz in this certificate first above written. tttttt1111q~~ ~~~ •~O :F~ •• i ~~ T +i •. (SEAL) ~ i $Q A~~ ~ ~ _ ~~~ ~,+.•pUBL1G..~S • • O ~~'•qrF OF Y~Q-~,~ STATE OF IDAHO ) ss County of Ada ) Notary Public fo daho Residing at: (;; My Commission xpires: Q3 -/U 7Al/ on this /5~' day of ~ ~j~-K y 2007, before me, a Notary Public in and for said State, personally appears Tammy de Weerd and William G. Berg, Jr., known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. 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) ~~~~~ Notary Public for Xdaho Residing at: "'~1.e.1(~~ ..Jo~ Commission expires: ~~.-/~ ~l ADDENDUM TO DEVELOPMENT AGREEMENT (M106-010 and MI 06-011 TREEFARM ANNEXAT70N) PAGE Q-OF ~' ~ cf 5 EXHIBIT A ANNEXATION Anderson Survey Group.com ~, e A parcel of land situated In Section 22, Township 4 North, F;fange 1 West of the Boise Meridian, Ada County, Idaho, being more particularly described as follow: Commencing at the Southeast «~mer of said Section 22, said point being marked by an aluminum cap, thence along the South 11ne of said Secdon 22, North 89°17'39" West, 1293.81 feet to the True Point of Bsginning; thence rontinuing along South Line of said Section 22, North 89°17'39" West a distance of 1363.82 feet; thence avnfinufng North 89°17'09" West a distance of 2647.18 feet to the comer common to Sections 21, 22, 27 and 28; thence along the South line of said Section 21 North 89°24'46" West a distance of 1307.51 fe®t; thence leaving said South line North 00°22'50" East a distance of 2039.08 feet to a point on the South bank of the Phyil[s Canal; Thence along said South Bank the following (9) courses and distances: North 80°33'30' East a distance of 494.25 feet; thence North 60°40'00° East a distance of 851.83 feed thenoe South 00°31'08° West a distance of 89.65 feet; thence North 85°48'04° East a distance of 661,18 feet; thence North 79°37'32" East a distance of 745.84 feet; thence South 00°55'34° West a dtstance of 6.99 feet; thence North 78°21'21" East a distance of 245.06 feet; thence South 84°30'54° East a distance of 198.80 feet; thence South 80°22'45" East, 442.89 feed thence leaving said South line South 00°28'13" West a distance of 494.11 f®et; thence South 89°30'02" East a distance of 777.84 feet to a paint being (when measur®d at dght angles to) 330.00 fe®t distant from the Westerly line of the Southeast Quarter of said Section 22; thence along a tine being parallel with and 330.00 feet distant from said Westerly line, North 00°30'03" East a distance of 84.85 feet; thence South 42°14'38" East a distance of 18.87 feet; thence South QO°26'23" West, 80,50 feety thenoe South 86°31'27° East a distance of 189.70 feet; thence South 47°28'09" East a distance of 248.32 feet; thence North 00°26'21" East a distance of 461.56 feet to a point on the south bank of the Phyllis Canal; thence along said ~ South bank the following four (4) courses and distances: South 89°25'59' East a distance of 230:0'1 feet; thence North 85°28'24" East a distanoe of 330.36 feat; thetlde North 73°44'38° East'a distance of 467.78 feat; thence North 78°58'07" East a distant of 931.30 feet to a point on the East line of • said Section 22; thence along said East line, South 00°28'39" West a distance of 400.03 feet to the East one-quarter corner of said Section 22, said •point being marked by a brass cap; thence continuing along said East line, South 00°20'09" West a distance of 1317.57 feet to a point marked by a 5/8" rebar, thence leaving said East fine, North 89°18'34° West a distance of 1291.77 feet to a point marked with a 518° rebar, thence South 00°25'06" West a distance of 1316.97 fast to•the Point of Bsginning_ EXCEPTING THEREFROM a parcel commencing in the Southeast rimer of Section 21, said point being marked by an aluminum cap, thence North.00°18'30" East a distance of 914.93 feet to the True Point of 13eginning; thence North •44°20'00" West a distance of 137.71 feet; thence North 58°28'30° West a distance of 138.52 feed thence North 83°03'00" West a distance of 187.58 feet; thent:e South 81°20'00" Wsst a distance ~of 158.89 feet; thence Norih 00°33'30" East a distance of 245.48 fraet thence North 79°31'00" East a distance of 103.70 fast; thenoe North 87°Z3'00" East a distance of 104.89 feet, thence North 86°36'00" East a distance of 357.39 feet (formerly North 88°32'30" East a distance of 357.98 feet); thence South 00°16'30" West a distance of 495.93 feat to the Paint of Bealnnlns~. ~• Annexation Parcel contains 358.57 acres, more or I®ss. R ~I APPR A ~ BY r • 7314 ~~~ 357 E. Wotertowet irt.. Sulte'l`Hj~ji~3642 P.ZOB.BB8.1345 r',2U8.8Q0.7$54 -^ ~ - ADA COUNTY RECQRD91 J. OAIVARftO AMOUNT .00 78 BOgE IDAHO fM121108 Ot;~ PM bEPUTY PatE Thompson RECOAbEb-REQUEST OF ' Clay of Meridian 10E15121$ DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian ("City' 2. Treehaven LLC and Treehaven West LLC ("Developer") THIS DEVELOPMENT AGREEMENT ("Agreement', is made and entered into this 28'~day of ~ ~ K~~ 2006, by and between the CITY OF MERII7I:AN, a municipal corporation of the State o Tdaho ("City', and TREEHAVEN LLC and TREEfTAV,EN WEST LLC (collectively, "Developer"). RECITALS: 1.1. WHEREAS, Sectian 67-6511 A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that an owner or developer make a written commitment concerning the use or development of the subject property; and 1.2. WHEREAS, City has exercised its statutory authority by the enactment of Section 11-58-3(D){2) of the UDC (as def aed below), which section authorizes development agreements upon the annexationand/or re-zoning of land; and 1.3. WHEREAS, a certain tract of land located in the County of Ada, City of Meridian and described in xh' ' 1 attached hereto and illustrated in Exhibit A2 ("Property's is solely owned in law and/or equity by the individuals and entities identified in 'bit attached hereto; and 1.4. WHEREAS, Developer submitted an application for annexation and zoning of the Property requesting a designation of zoning districts C-C, C-N, R 15, R-8 and R-2 under the UDC (which zoning districts are generally depicted on Exhibit AZ) and generally describing how the Property will be developed and what improvements will be made, as generally depicted on the February 23, 2006 Concept Plan attached hereto as 'bi C ;and 1.5. WHEREAS, Developer made representations at the public hearings before both the Meridian Planning & Zoning Commission and the Meridian City Council as to how the Property will be developed and what improvements will be made; and 1.6. WHEREAS, the record of the proceedings for the requested annexation and zoning designation of the Property that were held before the Planning & Zoning Commission and the City Council include t~ponses of government subdivisions providing services within the City of Meridian planning jurisdiction and further testimony and comment; and 1.7. WHEREAS, on June 27, 2006, the City Council approved certain Findings of Fact and Conclusions -of Law and Decision and Order ("Order"), attached hereto DEVELOPMENT AGREEMENT--THE TREE FARM - Page 1 of 78 as Exhibit whereby the City annexed and zoned the Property in accordance with. Developer's application, as amended at the public heari~s (which zoning districts are generally depicted on Exhibit A2); and 1.8. WHEREAS, Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement is entered into voluntarily and at its urging and request; and 1.9. WHEREAS, City requires Developer to enter into a development agreement to ensure the Property is developed and subsequently used in accordance with the terms and conditions of this Agreement, which terms and conditions were established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the Planning Jurisdiction end from affected property owners, and to ensure the zoning designation is in accordance with tine Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382 ("Comprehensive Plan', and the U~n7i~fi~ed Development Code of the City of Meridian, effective September 15, 2005 (` VLC"). NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 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 do this Agreement, which is a municipal corporation and government subdivision of the State of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2. DEVELOPER: means and refers to Treehaven LLC and Treehaven West LLC, whose address is 2242 East Riverwalk Street, Suite 200, Boise, Idaho 83706, the party developing the Property and shall include any subsequent developer(s) of the Property. 3.3. PROPERTY: means and refers to that certain real estate located in the County of Ada, City of Meridian, described and illustrated in Exhibit A, and owned by the individuals and entities identified in Exhibit B. DEVELOPMENT AGREEMENT -THE TREE FARM Page 2 of 78 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. The uses allowed pursuant to this Agreement are only those uses (1) allowed under the UDC as it exists on the date of this Agreement, which uses maybe expanded but not limited by any future amendment to the UDC, or (2) currently existing on the Property (including the existing residential homes and related improvements and the existing nursery or urban farm). 5. CONDITIONS GOVERNING DEVELQPNII~,NT OF PROPERTY: Developer shall develop the Property in accordance with the following special conditions. This list of special conditions is intended to include all conditions and requirements applicable to the Property as a condition of annexation and zoning. 5.1. All future development of the Property shall. be constructed- in accordance with the UDC as it exists on the date of this Agreement; provided, however, that uses may be expanded but not limited by any future amendment to the UDC, and the existing tree farm (nur,~ery) may continue to operate as it presently exists on the Property, including all existing structures and access points. 5.2. Developer will develop the Property generally in accordance with the Concept Plan, ax Exhibit C, unless otherwise modified by this Agreement. The parties acknowledge that the designation of land uses on the Concept Plan is conceptual and is subject to change as necessary to respond to market conditions, site conditions, attd other development considerations. Notwithstanding any land use designation shown on the Concept Plan, any parcel may be developed, improved and used as is allowed by the underlying approved zoning for such parcel. Specifically, Developer may develop the Property at density levels consistent with the approved zoning. 5.3. Developer is responsible for all costs associated with the on site extension of sewer and water service. Sewer service to the Property shall be delivered via gravity means to the Hlack Cat Trunk. No interim or temporary lift stations are allowed unless approved by the City at the time of final plat. 5.4. Any existing domestic wells and/or septic systems within this project will be removed from their domestic service, per Meridian City Cade Section 5-7-517, when services are available from the City of Meridian. Wells maybe used for non-domestic purposes such as landscape irrigarion. 5.5. Prior to the issuance of a~ new building permit beyond the number of building permits presently allowed, the Property will be subdivided in accordance with the UDC. 5.6. Once a final plat is recorded on the Property, no duect lot access to Chinden Boulevard wiU be allowed for that portion platted, except as otherwise shown on DEVELOPMENT AGREEMENT -THE TREE FARM Page 3 of 78 • the plat. Access to the site from Chinden Boulevard will be restricted to the section lines and half-mile between sections only, as shown on the Concept Plan, unless otherwise modiSed by this Agreement. The two future access points to the Property from Chinden Boulevard shall be constructed as public streets in accordance with the adopted North Meridian Auto Circulation Map in the Comprehensive Plan and in alignment with the existiag or approved public streets on the south side of Chinden Boulevard. 5.7. At such time as final plats for parcels adjacent to Black Cat Road are proposed, access to Black Cat Road extended shall be subject to approval by the City and Ada County Highway District. 5.8. When the Property develops adjacent to the following parcels, as indicated by their current Ada County tax parcel number and generally shown on the map included as 'bit Developer will provide public street access to that parcel: (1) Martom Group LLC, Parcel No. 50421346600; (2) Schwenkfelder, Parcel No. 50421428100; and (3) Henkel, Parcel No. 89323930190. Developer's soramitments with respect to Basco Lane and access to properties to the north are included in the Addendum to Development Agreement, attached hereto as Exhibit ~. Additional stub streets maybe required as part of preliminary plat approval, except to the north. 5.9. Developer shall construct all landscape buffers and land use buffers in accordance with the UDC provisions in effect at the time of development. 5.10. This Agreement and the commitments of Developer herein shall be binding on Developer's successors, heirs and assigns, as set forth more fully in Section 19. 5.11, The foregoing conditions are intended to represent a comprehensive list of alI requirements to be placed upon Developer with respect to development of the Property and supersede all prior written or verbal agreements or recommendations, including City staff s recommended terms for inclusion in a development agreement listed in the Staff Report referenced in and attached to the Order. 6. COMPLIANCE PERIODICONSENT TO REZONE: This Agreement and the commitments Contained Herein shall be terminated, and the zoning designation reversed, upon the failure of Developer or Developers' heirs, successors, or assigns, to comply with Section S herein, entitled "Conditions Governing Development of Properly," within two (2) years after the effective date of this Agreement and after City has complied with the notice and hearing procedures in Section 67-6509, Idaho Code, or any subsequent amendments or recodifications thereof. DEVELOPMENT AGREEMENT -TAE TREE FARM Page 4 of 78 7. CONSENT TO DE-ANNEXATION AND REVERSAY. OF ZONING DESIGNATION: Developer consents, upon default of this Agreement, to the reversal of the zoning designation of the Property subject to and conditioned upon the following condition precedent: 7.1. City will provide written notice of any failure to comply with this Agreement to Developer and Developer fails to sure such failure within six (6} months of such notice. 8. INSPECTION: 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 Agreement and all other City ordinances that apply tv said development. DEFAULT: 9,1. In the event Developer or Developer's heirs, successors, or assigns, or any other person acquiring an interest in the Property, fails to comply with all of the terms and conditions included in this Agreement in connection with a portion or all of the Property, then City may modify or terminate this Agreement against the offending portion of Property in compliance with the requirements of the UDC. 9.2. A waiver by City of any default by Developer of any one or more of the terms or conditions in this Agreement shall apply solely to the breach or breaches waived and shall neither bar any other rights or remedies of City nor apply to any subsequent breach of any such or other terms and conditions. 10. REQUIREMENT l~'OR RECORDATION: City shall record either this Agreement or a memorandum of this Agreement, including all of the Exhibits, at Developer's cost, and submit proof of such recording to Developer, prior to the third reading of the ordinance in connection with the re-zoning of the Property by the City Council. If for any reason aib~r such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, then City shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybe sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. DEVELOPMENT AGREEMENT -THE TREE FARM Page 5 of 7g ~ i 12.1. In the event of a material breach of this Agreement, the parties agree that City and 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 cored 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 maybe extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2. In the event the performance of any covenant to be performed hereunder by either City or Developer is delayed for causes which are beyond the reasonable cool of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or aegotuable bonds, as allowed under the UDC, to insure the installation of the improvements, which Developer agrees to provide if required by City. 14. CERTIFICATE OF QCCYJPANCY: Developer agrees that no Certificates of Occupancy will be issued until aU improvements are completed, unless City and Developer have entered into an addendum agreement stating when the improvements will be completed in a phased development; 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 City. 15. ADItDE BY ALL CITY ORDINANCES: Developer and Developer's assigns, heirs, and successors will abide by all ordinances of the City of Meridian., unless otherwise provided in this Agreement, and the Property shaA be subject to de-annexation if Developer or Developer's assigns, heirs, or successors do not abide by such ordinances or meet the conditions contained in the Order or this Agreement. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or thr~ (3) days after deposit in the United States Mail, registered or ce~Rified ~ postage prepaid, return receipt requested, addressed as follows: CITY: DEVELOPER:. City Engineer Treehe~ven LLC and Treehaven'West I.LC City of Meridian 2242 East Riverwalk Street, Suite 200 33 East Idaho Avenue Boise, Idaho 83706 Meridian, Idaho 83642 DEVELOPMENT AGREEMENT -THE TREE FARM Page 6 of 78 ICJ with copy to: City Clerk City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 with copy to: L. Edward Miller Givens Parsley LLP P.O. Box 2720 Boise, Idaho 83701 16.1. A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto Concerning flue Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto aclrnowledge and agree that tune 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. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, succ.es~rs, assigns and personal representatives, including City's corporate authorities and successors in office. This Agreement shall be binding on Developer and 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 he both benefited and bound by the conditions and restrictiaps herein expressed. City agrees, upon written request of Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, determines that Developer has fully performed its obligations under this Agreement. 20. DUTY TO ACT REASONABLY. Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 21. COOPERATION OF THE PARTIES. In the event of any legal or equitable action or other proceeding instituted by any thud parry (including a governmental. entity or official) challenging the validity of any provision of this Agreement, the parties hereby agree to cooperate in defending such action or proceeding. DEVELOPMENT AGREEMENT -THE TREE FARM Page 7 of 78 22. IIWALIID PROVISION: if any provision of this Agreement is held not valid by a court of competent jurisdiction, then 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. 23. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, conditions and understandings between City and Developer relative to the subject matter hereof, and thore are no promises, agreements, conditions or understandings, either oral or written, express or implied, between City and Developer, other than as are stated herein. All Exhibits referenced herein are incorporated in this Agreement as if set forth in full including all text information in the Exhibits. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced tv 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. 23.1. No condition governing the uses and/or conditions governing re-zoning of the Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 24. EFFECITVE DATE OF AGREEMENT: This Agreement shall be effective on the date the City Council sha11 adopt the amendment to the LJDC in connection with the annexation and zoning of the Property and execution of the Mayer and City Clerk DEVELOPMENT AGREEMENT -THE TREE FARM Page 8 of 78 IN wVITNESS WHEREOF, the parties have herein executed this agreement and made it effective as herein above provided. DEVELOPER Treehaven, LLC, an Idaho limited liability company ((/'~ /~~ + ~J (/ By: Peter S. O'Neill, Manager TreeHaven West, LLC, an Idaho limited liability company C,/ Q. n• Hy: Peter S. O'Net11, (,Mane,/ ger CITY OF MERIDIAN ,dk. CITY CLERK - ~ ~ 7 ~'i' '., "fir i~a~` • " ~,.. CONSENT BY PROPERTY 0~~~~t~~~1i ~'.~i5e~~"''`,* As owners of the affected Property, we hereby consent to this Development Agreement between the City and the Developer. MDC, LLC By: Doug Carnahan, President Ch r Properties, B . JoAnn Eggers, Member Doug Carnahan, individual property owner ~ .~~ Treehaven, LLC By: Peter S. O'Neill, Manager DEVELOPMENT AGREEMENT -- THE TREE FARM Page ~ of 78 • . __. .- STATE OF IDAHO, ) ss: County of Ada, ) On this ~, day of ~ 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Peter S. ' Neill, on behalf of ?teehaven, LLC, known or ideahfied to me to be the Manager of said limited liability corporation, who executed the instrument on behalf of said limited liability corporation, and ackrnowledged to me that he executed the same, year in this (SEAL.} STATE OF IN WITNESS VVIIEREOF, I have hereunto set my hand and affixed my official seal the day and ica~~eyy written. ~~~Q~ER 4~k~~ .~ •o ~~ .~pTq~r ~~~ ~. T~~• ~UBT.1G ~ i ~~ s~~~e~~~~~~~~• O .;'tt.T~ QF 19e~`~ County of Ada, ) ss: Notary Public o Residing at: My Commission On this day of 2006, be£aae me, the undersigned, a Notary Public in and for said State, personally appeared Peter S. 'Neill, on behalfof Treehaven West, LLC, known or identified to me to be the Manager of said limited liability catporation, who executed the instrument on behalf of said limited liability corporation, and acknowledged to me that he executed the same. 1N WITNESS WHEREOF, I have hereunto set my hand and affrxed my official seal the day a~ year in this certificate fi>~te~tsimltten. ts~-> STATE OF IDAHO County of Ada ~~~~,,e-VAR 09,~'••. ~,~Y ~N~esM~e ~~ ~~ °i ~oTA~r •. o ~•.s .o ~'Us1.~G J~9~~0~ T, ~~O ss: otary Public for I Residing at: ~1,~ My Commission Expires: L 1 On this ~ ~ day Of 2006, before me, a Notary Public, personally appeared Tammy de Weerd and William . Berg, Jr,, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. ~. ll.~~' Notary Publi or Idaho Residing at: ~~c~j~ ~„~.1[a Commission expires; ~ - •- -1'HE TREE FARM Page 10 of 78 . •- ._. _. STATE OF IDAHO, ) ss; County of Ada, ) On this, day of 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared 7oAnn ers, on behalf of Chester Properties, l.d.,C, known or identified to me to be the Member of said limited liability corporation, who executed the ia~strument on behalf of said limited liability corporation, 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 certificate written. G~,~tH Y) ~s \ 1 --®-- Notary Public for I A G Residing at: d'A ~ ~ l-~ ,ZO My Commission Expires: STATE OF IDAHO, ss: County of Ada, ) ' On this ~ day of 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Doug arnahan, on behalf of MDC, LLC, loaown or identified to me to be the President of said limited liability corporation, who executed the instrument on behalf of said limited liability corporation, and acknowledged tome that he executed the same, 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certifi written, GPI ~ /1,yFs (S~) ~O TA Ry otary Public for Idaho N `4U ~G My Commission Expires: STATE OF ID .~ ~ I" a.0 County of Ada, On this. day of 2006, before me, the undersigned, a Notary Public itt and :for said State, personally appeared Doug Carnahan, an individual, known or identified to me to be such individual, who executed the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year iti this certiftcateabove written. ~F„~.....,yF~ ....~_. Notary Public f r Td o ,p Residing at: ~~i y~.~ ~ 1,.0~ O My Commission Expires• DEVEY.OPMENT AGREEMENT -THE FREE FARM Page 11 of 78 INDEX TO EXHIBITS Exhibit Al: Legal Description and Map of Praperty Exhibit A2: Zoning Map of Property Exhibit B: Owners of Property by Parcel Number Exhibit C: Concept Plan Exhibit D: City Council Findings of Fact, Conclusions of Law and Decision and Order Exhibit E: Map of Adjacent Property Exhibit F: Addendum to Development Agreement DEVELOPMENT AGREEMENT -THE TREE FARM Page 12 of 78 EXHIBIT Al bEVELOPMENT AGREEMENT -THE TREE FARM Legal Description and Map of Property EDIT AI (I.EGAI. DESCRIPTION AND MAt+ OF PROPERTY) DEVELOPMENT AGREEMENT--THE TREE FARM Page 13 of 78 • ~~~ ~ ®WIBlT A ~ ~ ~ gN~.~pN Anderson Surrey 6tetip.cota ~ M t~ ~ d in seouorr 22, Totmship 4 NoN1, Rsnge 1 West of Ore Boise Goungf. Meho, being trr~ PsNatlatdy dtrsc~ed as toAatar. Commatro~ 81 the t3otrtlteast comer of sold 3ectlon 22, saki pobrt beln® ntarkaci tg- an alumiramt cap, tltanca along the t3ouih Bne d saki Section Z2, Worgt 88'17'38° West, 1.61 feet to the Tate Petird of RegltWttg; tlre~nae oanlirtuia-g slang SouU- Etna d Bald Ssonatt 22, tVaritt 88•fl~8' West a d~tanoa d 1363,6x teak Ihenae eortllnuirry North 88`17'x'' West a d of 2847.18 feet Do qte corner Denman to SeCttorfe 21,22, 27 and 28; thetnoa abng the Soutb nrta of Betel 8ettgort 21 N~ N'24'48' West a d~ten~ of 7307.81 feet; thenc0 IeaNng said SouBr 8na Narltt 00°2z~ East a dtslenco of 2039.D8 lest to a point on the South bank d fire Phytilr Canek Thence abng said Both sank tila tolloming (9) ocurees ettd disietrcee: North 80°33"rp' East a d~noe of 484.2s tee lt>arrce Nlxth 60°40'00• ~ e disto3nve of 961.63 8mttoa Sotrth 00°31'06' West a dlstettce of 69.E teat; thettae NoRlt 85°48'04" Reset a dlstantaa of 881.16 teak Utertae Nornt 78.37'32" Eerei a dlatetttig of 745.64 feel; ttwnoe Booth 00°85'94' WeBt a distance of 6.89 reek tl~anoa Nosh 78°21'21° Last a dlstenca of 24696 feet' thett~ t9outlt 84°3x'84' EtiSt a disrance at 188.80 ~ Otettca t3arlh 80°22'45' E8e4 442.88 teak thence leering sam south 1[ne South 00°28'1x• Wit a dts~rtoe of 484.11 ttBet; iharttsa south 80°30'02' P~ a dislert+ce of 777.64 teat to a p01nt being (ttthert measured at right angles to) 330.00 feet dtatent from the Westargr late of tint SouB-east (lcteMer of said SecBort Z~ uterroe slang a lhte frelna paraNel witlt and 330.00 feet dbeterrt from sold Weatatly tines North ut-pso'0~ East a dismrtce of 84.86 feat; thence t3atdlt 42'1498" East a dt~enoe M 18.197 feek tharroe South 00°28'23: West, 80.60 teak tttertoe t3ouet 88.31'27° Exit a of 189,70 fae1: ttrertce South 47°28'09" lit a dle~e of 249.3211aek flteafie Nttllh 0a'28'21° East a dlstertas of 481.be feet to a point on the salt bank of Ste t Canty; dtettaa alatg said south l~ the toQow3ng 'tmr (4) oattreae effd ~: Scu81811'28'88' t~ a dlttaerre0 of 230.01 i~ Brel~e North 86°28'x4° ~e8t a dance Ot 330.38 feet; theriBa North 73°44'38" East e d of 487.78 feet; them Plmtlt 79°ti8'07" t~l a dtstarrca of 931.30 feet to a p~rrt an the East fine of eatd seettatt ~; thetas atmrg said En3at Ilrra, South 00°28'38' West a dtstertoe of 4.03 ~ b the EeBt orre-quarter corner d saG! seo8an 22, ea{d point taetr-g matloed by a bt~e cap; tleanw contbxitng elortg said EaBt 6rta, 80U81 00°ZO'09' West a distanced 1J17.67 teat to a paM marked by a 818' teller; tlmr-ae leering said fast Nrte, North 89°18'34° West a dtatanoe of 1291.77feel 1o eprintma~ked turBFt a 4/8' rebar, tttetwe south 00'26'08' West a dletanoa of 1316.97 feet m the Pairtt of Begimdng. EXCEp'i1N(i Ti1t;REFtZOCM a parcel oammert<drtg to Mta Boutltearett rtomar of Sec9oh 21, sell point ~8 mtaritad lsjr an aluminum ~. iirenoe North 00°18'30' East a dtslettce of 914.90 fast to the 7t'tm Point o4 Begrrtnbt~ iYatit 44°2D'00" WeBt a distance o! 937.71 tet~ ttittrtca Nortlt 68°28'x" West a ditttBraa d 138.52 feat; Otenoe North 83°03'x" Went a ~tartaa d 187.86 [eek thence BoWh 8'1.20'00' West a dtstsnca d 156.88 feet; ltrence NaAFt 00°390' teetsl a ditttartae of 246.46 feet; thence North 79'31'00' East a drsdrnaB of 103.70 fee0 thence North 67'23'00' Bast a dia~ntse of 1 D4.89 teat, thanes North 66°36'00' East a dieearae of 367.E teat {Ponneily North 86°32'30° Easl a die0an~oa ar 367:98 feett; Ottattoa t3outtr OQ°18~' West a dlstanoe oP 486.98 teat b ate Polrtt of Begbtrting. ArBtexeOon ParopJ oottlahts 3ti8.57 sues, mare or lass. 357 E. tlat•rursr tor.. Satre r, earrpu. ID er61t P.IIae.eOe.)rts • t me eIIe.rlc+ M WORKS gEPL~ EXHIBIT Ai (LECnL DIESCIt[P'rioN A~ lYiai' o~ PROPERTY) DEVELOPMENT AGREEMENT--THE TREE FARM Page 14 of 78 • A_5_ G Anderson Surrey firsap.coa pcrtr8~r a IAt)DIFl80 pARGEL 1 ZONEf7 R-16 Legal De:Rxiption A parcel of land ahulatsd to the South Hell of Seotfon 22. Township a Nar.Oa, Rattgq 1 Wit of the 9oiss Meridian. Ada'CouMy, Idelro~.bainp more paRlcularly desarifaed as bAow. CommerioSng et ttre Southeast corrrtr of said 8e14io-t 22, said plriltt lasing ntrariced by an atlarrrlrlum cap, tttenoa abr-g the South Ana o- saki Bastion ~, worth 8S'77"38' West a dll~noe of 1418.61 fast b the Prue Pofnt Ot t3eglnntng; Theme continuing along acid South Una. North 8'8°17'38' Vgest a distance tN 127.8.88 feet to the Southe~t comer of file Svtltlteaat Quwter at•sald t3ectEon 22: thence corltlnuing alcrl8 said South Gme, North 89°17'09° West a distancb of 50.06 iee:t to a going tlasnoe leavPrlp said South Ana, North • 00°42'$1' East s disMrroe of 164.07 feeR b pohtt: lifsnoa a~ng a Cunrs to flee rind bents a radius of 700.00 teen an arc length d 403.37 feet end theough o central •angHa of 31°00'58". with a chord bearing of North 17°13'ZO° East. a Ctwrd dhrtance of 397.81. feel b a pohrt of reverse puyaWre; Thence abng a grrlla to the left having a ratpus d 600.00 feet. alt arc (angth of 282.41 featr'through a centre) angle d 33°30'28', with a chord bearirlq North 18'68'38° East, a. dtord dletsrtoa of .288.28 feet to a point; thence Norgt 88°69'26" East a dletartoe of 743.11 feat to a polrtt of arrvatws; thertos along a Guva to the IeR having a radius of 450.00 faet< an arc length a( 814.04 ise~ though a oerrtral angle ~oC•8S°28'SB". wish a atwrr! (rearing NorBt 54°18'00° East, a chord disfanos of 488.54 feet M.a point of reveres curvadrre; gtertoe along a clove to the right, having a radius d 800.00 leaf, an arv distance of 6413,60 fineL throtlph a oerdral angle cf 38°04'33", with e chard beaAng North 41°04`48' F.~ a t4lond dis~ae of 638.09 feet to a point; thence North 80°37'04 F.~It e, d~tanca d 17it:07 feet to a point; therlca South 29'2'1'88' East a d~ancs 01336.8.5 feet ,fharlOB NOrilr S4°18'OQ° East thence South 89°18'34" East a Of 125.00 f~; thence $oidtt 00°26'08" Wesel a distance of 1318,93 to the Potrrt•Of 8e~lnninq. . Said panel tam 31.38 cores, mots of lei. F_nd deslcxiption PIo. 06132 May 26, 2008 3Sr E.11~t~rutl~r L~.. 3~11~ F. Metrlie~. II 11111 r.211.111.r313 ,cis` ,~s~ ,s °' 7314. as Mp 4~,. q '~' REVIE YAL BY ~" wo~tACS ~~~ t: EXAYBIT Al (LEGAL DESCRIt'TION AND MAr of pROpF,R'PY) Pa a 15 0~ 78 DEVELOPMENT AGREEMENT -THE TREE FARM S • ~~_ Indersori Surrey !iluup.coa4~ tr7tt~pBfT A l.eyal D~ariptlort Ttte Tree Pawn ParoellA A Parcel of land situated in the South Nair of Svdbn 22. Township 4 North, Range 1 Wit of tip Boise Meridian, Ada County, Idaho, belrtg rt~r+e paltMdllariy described as toNoty: Contrnenahg et the Soutttaaet cnrrier.of mid Secbiort 22, said point being marked by pn aluminum cap, thanoe alorw the South Nne at meld Seotioe 22, North 89°1739' West 8 dlsta~e of 1293.61 feet to the Tnto taolnt Ci BegMtnhtS, Thence. North 89°17'38' West a distance of 128.00 teat; tla~ North 00°25'0' East a distance ct 1318.83 feet; therms South $9°1834' East a distance or 126.00 leek tltenoe 8oultt 00°25'08' Went a dl~rt~ of 1398.97 Tt3a9t'to the Point Alt Etl~inrthtg. Said petrel contains 3.i8 acres, more of less. Ertl. d4acripdon proJed No. 05132 May 26, 2008 34r t. Mateiteeer le., Suite f. 8er11lee. II Isi12 r.cal.ee~,r3~s YEYi YAt_ MERIDIAN PUBLIC WORKS DEPT. EXHIBIT Al (Lr,.car. DF3CRIPTION ~,IVU NIAp of Pnot~'r1r) DEVELOPMENT AGREEMENT -THE TREE FARM Page Z 6 of 78 ~~~ Aadetson Sgrve~ 6roup.coo t~tH81T A PARCEL 2 Zt211t~ R~2 ~ Desariptton A paFaef of tend ettuatsd in dectlon 22, 7own9ttap 4 North. 1 west of the eosse Nleridierr, Ada Qaudy, Idalra, belnp more P4- des~bed ~ toAows Camn~9ausGrg at uge Sabhea8t corner of said Sealbn 22 eatd poMt beMte marked b~+ en aluminum cap, 9lenoe a1aFg ttre t3outlt tore aF eald t3aat~on 22, Idortk- 17'x° Wei s diatenee of 12931.81 feeh, tharroe Nordt 00'26'013° ~ a dEfanoe at 1318.97 feat to the 1'n41- Point t3f t3aelnntng; Theme Math 28'72'68° We81 a dtstarloe oI 336.88 feali lhenrs North 80°37'0° Est e d{starroa of 218.Bq feet b a pout o! verve; ti~nae slang a +aurve fa the sett ta,Arre a radius of 300.00 feet, an aro tersgtll of 302.88 teat and through a aerhat artgte of 67°80'47°, with a drord bear}rg North 31°41'41° E.eat 8 dtstaeoa of 290.18 teat to a point of reverse aroma; thence abng a Darns to fhe Fight having a radius of 800.00 Goat, en ar+a langtrr at 338.83 feet and thratgll a central angle of 38°Z7'7e', wnh a ctmrd hearing Eeet end ~ ~ ®~b !tom Heft h~avi~ a ~ oaf x.00 feet, an aFe ~ 182.78'feet and ttrrough a carW~ angia of 62°21'26',~vrith a shard bearing NarGt 1B'~03'13° f~tst a dtetanca of 178.47 f~ Ussrtos NoM t1°07~" West a dialanoe of 80.26 feat b g aoint at the 8auih qne of fha PtMls this along ~rld South Ma, t+toFgt 79'68'07' East a d~Earce d 839.11 fit 6o a pohlt vn~he East Me of said seofion 22: theme ataFg raid t~et irre. south 00°2ttr39' West a dletrance of 400.03 feat to the East ona~quartsr aanner of said t3e~ion 22, said pint tseirrtt marked btr a brass oep; FtFaanos ooMlnutrrg along $aGi mat nne, souUr 00'20'09' Weea~l a distance of 1317.67 tb~ b e point rnarksd btr a 618° rebar; thanes leaving Bald East qne. Norftr 89°18`34' Walt a dlstarvse vP 1~l. Gsat to a point marimd with a 6/e' r~eber behrg the tsalnt oP BegUtning. Cflnlstrdrg 38.70 saes, more or less. End of Cleac~rippnon PFoieot No, 05.132 aeoember 1~i. 2tm5 !67 E. Ya~art~Nar lo.. - Sslte F. N~rrlraa.l0 97611 ~.ttl1.11B.Tb/f - F.2/8.998.Tt5/ EX$IBIT A~ (Lt~cat. D>~sCt>~oN nrID MAP of pROPl~xsr) DEVELOPMENT AGREEMENT - SHE TREE FARM 177G114 ~Y MWQ i~~ ~ , Page 17 of 78 ~ ~ ,~: E7i~IT A Anderson Surer ~r~up.cor~ ~I ,~; ~` ~(. Page 1 of 2 PARCEL 3 ZONED R-8 A parcel of land situated in Section 22, Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly desan'bed as follow: Commencing at the Southeast corner of said Section 22; thence along the South line of said Section, South 89°17'39°' West a distance of 1293.b1 feet; thence continuing along South Line of said Section 2Z, North 89°17'39" West a distance of 1353.62 feet to a point; thence continuing North 89°17'09" West a distance of 2647.16 fcet to the corner common ro Sections 21, 22, 27 and 28; thence along the south lin® of said Section 21 North 89°24'4b°' West a distance of 1307.51 feet; thence leaving said South line North 00°22'80" East a distance of 859,78 feet to the TRUE POINT O)li' BEGINNING; Thence North ~°2Z'46" East a dis~nce of 1179.29 feet to a point on the South bank of the Phyllis Canal; Thence along said South Bank th® following (9) courses and distances: North 80°33'30" East a distance of 494.25 feet; thence North 60°40'00" >7ast a distance of 951.83 feet; thence South 00°31'08" West a distance of 69.65 feet; thence North 65°46'04" Fast a distance of 651.16 feet; thence North 79°37'32" East, 87.63 feet; thence South 2i°19'02" East, 356.05 feet to a point of curvature; thence along a curve to the right, having .a radius of 200,00 feet, an arc length of 96.06 foal and through a ventral angle of 27°31'OT', with a chord bearing South O7°33'29" East, a chord distance of 95.14 feet ro a paint; thence South o6°12'05" West, 237.43 feet to a point; thence along a curve to the right, having a radius of 750.00 feet, an arc distance of 575.01 feet and through a central angle of 43°55'39", with a chord bearing South 65°51'03" East, a chord distance of 561.03 feat to a point of reverse curvature; thence glong a curve to the left, having a radius of 250,00 feet, an arc distance of 188.18 feet and through a central angle of 43°07 °41 ", with a chord bearing South 65°27'04" East, a chord distance of 183.77 feet to a point; thanes South 87°00'55" East, 81.62 feet ro a point of curvature; thence along a curve to the le#t, having a radius of 400.00 feet, an arc distance of 196.26 feet and through a central angle of 28°06'46", with a chard bearing North 78°55'42" a chord distance of 194.30 feet to a paint; thence along a curve to the fight having a radius of 450.00 feat, an arc distance of 769.67 feet and through a central angle of 97°59'50" , with a chard bearing North 41°30'03" East, 679.22 feet; theac® South 89°30'02" East, 777.64 feet to a point; thence North 00°30' 03"East ,84.85 feet to a point; thence South 42°14'38" East, 18.67 feat to a point; Thence South QO°26'23" West, 80,50 feet to a point; Thence South 86°31'27" East, 189.70 feet to a point; Thence South 47°28'09" East, 249.32 feet to a point; thence North 00°26'21" East, 461.56 feet to a point; Thence South 89°25'59" East, 230.01 feet ro a point; thence North 85°28'34" East, 330.36 feet to a point; thence North 73°44'36" East, 467.78 feet to a point; Thence North 79°58'07" East, 292.19 feet to a point; thence South 11°07'30" East, 80.25 feet ro a paint of curvature; tbence along a curve to the right, having a radius of 200.00 feet, an arc distance 182,76 feet and through a central eagle of 52°21'26", having a chord bearing South 15°03'13" West, a chord distance of 176.47 feet to a point, thence South 41°13'56" West, 517.90 feet ro a point of curvature; thence along a curve to the left, having a radius of 500.00 feat, an arc distance of 335.63 feet and through a central eagle of 38°27'39", with a chord bearing South 22°00'06" West, a chord distance of "°0 357 E. Votercoaer tn.. Suite f. Merldinn. ID A364t P.r!OB.D88.7315 ~.%~i~i.QG9_i3G~ • • Page 2 of 2 '~ ~ p~~3 ~ndersorl Survey Group.com ZONED R-8 329.37 feet to a point of reverse curvature; thence along a curve to tlxe right, having a radius of 300.00 feet, an arc dist~ce of 302.88 feet and through a central angle of 57°SO'41", with a chord bearing South 31°41'41" West, a chord distance of 290.18 feet to a point; thence South 60°37'04" West, 396.71 feet to a point of curvature; thence along a curve to the left, having a radius of 800.00 feet, an arc distance of 545.60 feet and through a central angle of 39°04'33", with a chord bearing South 41°04'48" West, a chord distance of 535,09 feet to a point of reverse curvature; thence slang a curve to the right, having a radius of 450.00 feet, an arc distance of 514.04 feet and through a central angle of 65°26'58", with a chord bearing South 54°16'00" West a chord distance of 486.54 feet to a point; thence South 86°59'29" West, 143.11 feet to a point, thence along a curve to the left, having a radius of 500 feet, an arc distance of 29.99 feet and through a central angle of 03°26' 12", with a chord bearing North Ol°29'43" West, a chord distance of 29.99 feet to a point; thence North 03°12'49" West a distance of 72.76 feet to a point of curvature; thonce along a curve to the left, having a radius of 200.OD feet, an arc distance of 156.8$ feet and through a central angle of 44°56'32'°, with a chord bearing North 25°41'05" West, a chord distance of 152.89 feet to a point; thence North 48°09'21" West, 172,87 feet to a point of curvature; thence along a curve to the left, having a radius of 550.00 feet, an art: length of 701.23 feet and through a central angle of 73°03'01", with a chord bearing North 84°40'52" West, a cbtard distance of 654.69 feet to a point; thence South 58°47'38'° West, 50291 fit to a point of curvature- then~e:al '`''''• ~'~~~`j~ ''' a curve to the right, having a radius of 1200.00 feet, and arc distance of ~,e~9.:~2'~:~eet~id E'y ~'~~~~, ~'~`'' ~~', ~.'~: thrwgh a central angle of 45°20'44", Wlth a chord bearing South-•$`l.°~$,9 {~~'r~ .':`' ~ ~`~'° chord distance of 925.12 feet ~~ .°a ~-~~ ~~•~~ ."~ to a point; thence North 75°51'3.";yVesf'a di~triii r"~ ~ ~'~' 6I8.1S feet thence North 00°16'30" East a di CL..1. ~" ~e•,'•:of '"''~•=; stance of a ~3=~Q'~feet;.. ~theti~e.=°~South. • .. ~r:~ `.: 86°36'00" West a distance of 357.39 feet (formerly Sout~;•~6°32'30" West a,.distance ~f ' 357.98 feet); thence South 67°23'00" West a distanr~:;:ion:~1Q4~$9,,;~~eet;-,:'thence~,:south ..~• 79°31'00" West a distance of 103.70 feet; thence Spiat>~t~~00°33'30''~W~st ~ distance of; ~''- 245.48 feet; thence North 81°20'OD" East a dis~p~e' ~of 156:89 . feet; thence 'Sotu~...,. ,.,: 83°03'00" East a distance of 1$7.58 feet; thence:S.outh 58°26'3Q" East a 'distance. of ' ' ' 138.52 feet; thence South 44°20'00" East a.,;~}it3tatotce of 78.25 feet;.;~thence N..,arth - " • - 75°51'38" West, 264.25 feet; to a point of cu>G•i-•te; thence along a chive to t$e• left, ,' having a radius of 750.00 feet, as arc length of 4~ 1.71 feet and througha'central angle of 32°12'58", with a chord bearing South 88°0~'~3" Wes>~ a chord distance of 416x17 feet to a point; thence South 71°55'24" West; 352;2,7.~eet to ~ point of curvature; thence along a curve to the right, having a radius of SOO~bp feet, an arc .distance of 155.06 feet and through a central angle of 17°46'08", with;~,.chord bearing South 80°48'x8" Wes _ chord distance of 154.44 feet to a point; itl~ea~ce South 89°41'32" West a dista - ~~ 105.04 feat to a point, the Point of Beginning.::: `,•' ~ ~`4~S 4~ Said parcel containing 167.02 acres, more or less.: ~: ,' ' • .. :'7314 .• ~ o' ~~ •'M~R1alAN.PUgLIC -• Wo :; 351 E, ftutettower ln.. -Suite F. Meridian. IB 63642 p.206.668.T345 F. 206.666.1354 1~5i~iii A .. Indefsae Sunni 6roup,cola 87(M18iT A PARCEL 4 ZON$D R~ Leoel Detlarlptbn A pares( of land altuatad In Secttorl 22, 7ownalttp 4 North, Raltge 1 West of the Baisa Meridian, Ada County. Idaho, being t>tore p~aukuiy depas~follow: by alum nl ~8 (halua~ aton~g the Nne of skald Ilse~etWt 2~, Nor6i`1~~ W~ 1283.81 teat: tmrdlmrbl® atang 80uth Line of (raid 8edbn 22, North ti'9°1T39' Weal o; siletaltw of 9353.82 feet; thence aordlrpring North 88°17°08' bleat a distance of 2847.18 tt~t b the comer common m Seotbtts 21, 22, 2'78 surd 28; tlterloe along the south f1ne of eett! t3eo5on 21 North 89°24'48• West a ~banae of 1207.61 teak thdtoa leavirtp said 8trultt wno North 00°?2"b0" East a ttletenoe of 2038.(18 [eat b a point on the South benlt at 1Fre PhyUa Cana$ Ttlerrce alarlq Maid 80t1f11 t?IertK the fogOwirtg (9) aburees end distances: fYarth eti°33'30` East a ef~altrre of x84.25 feel; thence North 80°40'00' East a dletenae tsf 861.83 feet; thmtce $ou0t 00°31'08' West a dtatertce of 88.88 feeC thanes North 86x"48'04` East a dletanoe of 6b1.18 taeb thence North 78°3T32' Lae( a dletsr~ of (17.83 feet to the TROR POMT t]F BEr31NNINt~1; ntertr:e riot 7e~3rar east a dls~tse of 858.01 tt~ the SauUt 00`65'34• West a . dtstQnce ~ 8.881'ea~ thence North 78°21'21° ~ a d~tance of 245.08 feet;.thaltoe Satlth 84"30'!i4' k?aat a Of 188.80 faa>; theme South 80°22'46' 'C'ast, 442.Sg feet; Iharlca leaving said 8auth Ilne South 00°88'13` West, 494.11 feet to a'poirrt tltence alonggga curve tiD the let( having a radius of 460.00 fpeet~. an arc IerlgUl d 788.87 ftiat and 879.22 feed ~al~e~ddag~r~m~lh~e r~ia I~arAng ®r~adl~ feeC an~arc S u~ 78°ti5'4~ esi, a dtdtatance of end x128°08'48". xEh a ohor~f bearing 94.30 feel b a pt><rl~ thertae North 87 00'55' Weat~ a dtstarrae of 81.82 feet to a paint of aWvatlas~ (hence a~rrg a aurva m the -ight, having a radhla of 250.00 feet, an aro diamnaa o118~.18 feet arld gnvuph a carmal of 43°07'41'. with a tTtrord 9 NoNI e!3°27'b4' Weill, a otlold dlstallt~ of 1 77 feet to a potni of reverse a>flvaUita; tlteltCe alorrc a ~nve to t1s feR,'heving e radius ar 780.00 feet, an aro disteltae d 878.01 feet end 8aatrelt a aartlral 8ngle, of 43°6$'39'. widr a a Paint: thence N~ ar~igla2 of ~.14faet tq 8 3eld parcel aonteinlrr0 27.32 atxea. more ~ 19ss. End of pescriiatbn Plajeot Na. 132 peaerrlhar 1a, ~ asr E.1leterterer le.. Sines F. 9er[dleo, 1113ef1 P.t01.111.1JIf F.t11.111.7Jit EIOiiBIT Ai (L>rcA><. DF.SGRIPTiON Arm MAp of PRO~~a~r) riEVELOPMENT AGREEMENT - TSE TREE FARM 03 feet to - clang a dt1 e Point of q /cppROVAL ~ vVORK oar. ~ Page 20 of 78 • ~~~ f lP bntletSap Sutvel6roup.co^ I~O~p~17'A PMtCO.9 ZOI~iRD CN Legal De~rlption A parcel of land alhrdtgd h the sctWh orre~hetP Qi tl'la NOrtheagt Quarter and In the 8ou1h Half of SeaUat 22. Tarmshlp 4 North. iZat~e 1 Walt cf the t3olse Meridian, Ada Carnty. Idaho, treing more partlctdady described as follow: t;cgttmertoirrg at the 3outtteaet oom~ oT aejd t3~eati0n 22. said potrtt boring marked by an alurntnum cap, tltenoe eking the Sorrtfr I(ne of eaW SeCtlort 22, North 89°17'39° West, 284723 Test m the Southeast oom~ of the Southea~ tarter of ~ Seolaon 2x: ttrenoe oor+dnuing Mang said South nne, tUarth 89°17'09' wee 60.08 feet b the Tnea t~alrtt Of Beglnnhtg, Thence COritlrlydrlg alpttg Bald South one, North 8g°17'09° West,1243.07 feat fn a pow thence leavitg said Svtdh 8ne, North 01°89'10' East. 343.83 feat to a paint of cia~naWrb. tltence slang a rarnre b tits right, hevinp a radiira of 180.00 feet, tin arts d(slance of ?21.58 feet end ttttaugh a central angle of 84°37'42', vrNh a lard bearing North 44°18'01' East, a chord dlslance aP ?A7.88 feb to a point oP reverse ausvraWne; therwe a arrve b the left. having a radius of 1000.W f®Ot. an arc latrg8t of 470.27 feat ~ thtotrglt a cenbal ~1a of 28°ee'40°- wffh e chord I~arhee North y3°08'32' Feat, a Gtord d~tano9 W 48tf.~i feat to a polttt of reverse cxavalUne; the abrg ri curve to lire dAht, having a radius of 600.00 feet, an era dis~m~ d 494.38 feet and throtte{t a cerlbai angle of ti8°39'05'. having a chord bearing North 87°89'45' East, a dtord dance of 474.48 feet to a pohrt: therge t3outh ~°40'43' East. 311.08 feet b a point of ourva~; theltce along a ~ m the IMt, ttav>rrg a radius of 700.00 feet, an era dletance of 383.b9 Test and though a oerdrgl arrgte of 31°23'49', having a drord ttear(ng South 18°24'45' West, a chord dlstsnc0 of 378.80 feet to a posh thence south 00°42'81' vVast,164.07 fit to a p~otr~ the Point Of Bag4nnir+~. Bald paraei coma{nlr~g 17,28 aor~, more or less. End desrxiptlon Project Nv. 06132 Deader 14.20 asr E. Yst°rtvvar L°., • Sul\0 F. RetNion, 11 ~tf1Z P.298.899.T7/4 . r.r08.188.rb4~ ~" wo°r~'KS oEPTIc EXHIBIT A1(LF.t;Aa<. D25CRIPTtON Arm MAC of PAn~Tr) p e 21 of 78 DEVELOPMENT AGREEMENT -THE TREE FARM ~ A5~ ,> Intlerson Surrey 6ragpcoa Elul{BIT A PARCBL 6 ~or>Bn D,-is t~el De~riptlat A parcel of ~ sihsated h the south orre Halt or Saottorr 3'd, Ta~wnehip 4 North. riange 1 west od' tl~ BtNae Maridiart. Ads County. Idaho. ~ trtoro pett{cutady described ee tatlorov: Ccsatmetmiug atthe gantheast oomar of astd Seotloa 27.'. said pohel boblg>amrYmd by an ainmhatwn cap. thmtae along Iba 8adh lino of w{d 9estion ?.2, Not9t 89°17'39" West, 2647.23 fbet b tlm Sontboast eager of the $Ontheast tl~rratter of said 22; titmco aoudandag alaeffi geld Souk ~ North 89°17'09" Wmrt.1243.12 fact to the 9Yaa Poiist Of Beglndag, 7bOnce aaAdo>adng slang acid 8oitfh ~ NoN- 89°i7'i09" Werrt, 991.11 last to `point; tbemae hmvloe said SaraJt ihta, ahmg a ctuva m the fight. Lsv>sg a ssdlse of ?,4pD,0D feet, as ~ leuigth of 839.93 beet amd thtouglt a ccsic4l angle of 20"e3'De'~ With a chord brdrla8 Nardt iS°42'16" Past, a chadd dhitrmee of 835.65 fact to a point. theatoe 8oalh 95°$1'38" Past,163T feet to a point of anrvetnr~ thauae along a curve oo rho htR, Invlag a:adiw of 1200.00 fret, an era teagth oP 949.71 feet and t a eanttat angb of A5°?A'44 ; a4di a ahped bearlag North 81°28'00" Paeh a abosd diawnoa of 9x5.12 fad t0 a point; thanes Natth 58°49'38" l3aet, 502.91 feet to a pofmt of enrvetoeel thaws abppg a wrva to the tf@ht, he+dng a radfas ~ 530A0 foot, an ato diatanee of 701.29 feat acid t~gb a eeatral apgte of 73°o3rol'; MrBh a cboad hexing south 84°40'32" Bast. a ~ tllst~oo of 854`89 Feet >a a poit-t; thecaoe 8odh 48°x9'21° Heart, 172.87 feet to a point of ctuvsduc Weaoe eloag a ot>rro to the tig19, Lsvfag a radius of ZDO.OOtat, en arc hragth . of 156.89 bean and th:ang6 a aet-aral angle of 44°Sti'32 ; wig a t~rtl Zseatiag SauW Z3°4Y'03" Fad, a oheed dtstguoa of 132.89 Boat 1n a poh~ thaoao bt~oam 03°12'49° $eat, 72.9Ce feet to a point at carvatvaa tbanav slang a sores to the right. Laving a ratline of 300.00 boat, m am diaNtteo of 322A0 ~ and thmgpjt a central angle of 36°36'98", rorith a bwg chord bearing Saab is°ls'30" West, a chord dhd~oe oP 31689 fret to a print of reverse aarvastue, theaoe along s extra to the ]oft, having a eadlse of 70Q.tq Boat. an are dhgaaea of 19.98 #l~ sad throag,4 a ce0lral angle ~ 1°97'x9", with a end beae3ag 9enth 32°53.14" bleat. a chord dlttatroe oP 19 y8 feet is a pah>h thence North fi3°40'43° Wear, 311.09 mat oo a poh7t of mprvsttae~ tlralco atoAg s auva w rho l~ !raving a »liaa of 500.00 feet, erl era h~ffi of 494.38 Beat aed through a cesitral angle of 56°39'03°, with a obcild b 8opth 8T°59'4S" Wort. a chesd dh0anao of 474.48 Feot to s pout of sevaee awvata~ theaea along a carve to rim r#~tl havbtg a radiea of 10.00 feet. an sra length of 470.27 Ebel and a offal angle of 28°56'40 ;, with a ohotd beating South 73°09'32" Went, a ohatd diatenae of 485.95 Beet m a point oFtr3vettsa Calvataz~0, theaoe along a aurrve to rho left, 6arhsg a redlaa of 130A0 Beet. ~ era laggtl- of 211.56 feet and a aaoixal eagle of 84°37'4a"- w~ s aha~d beating sa~etit 44°I8'Oi" West, a dtos~d distance of 201.96 feel W a pohst, thence 9oaW 01°39'10" Walt, 343.83 feat to a pohtt, rho feint Of Bagloafat, - solo paroat eptttofdng 34 95 sera, naora of toss. 3~ddesadptta~ ProJeat l+ia. OSI3a Decambar 14.1005 Salta F, lleridl°s. It 13612 kEVi OVAL IlS7 i. tietartaeer la., + P.ZOB.at19.1314 i.Ida.ite.l3St ~Y M WORKS pER~ C EXHIBIT Ai (Lre~-L p~st~zorr AND Mnr of PROPIyRTY) Page 22 of 78 DEVELOPMENT AGREEMENT "' THE''TREE gARM ~ • ~~~ ~pdersatt Surve 6rou .cap ~ ~ 3- Y P A PARCTL7 ZoNSD CC Lagai Deaciipti~ A pazael of lapel ai8tated i~a the ~Saratheaa:t Qnatter of8aodon 21 attd the Botethvv~t Id~slao~, baing ply d~~ ~~ ~e boi~Mm~idfao, Ada Countlr, Coaamtxwiag at the 8ont>reast corner of said 9~tivu21, tlae Teas Yost of He~loning; Tl~tt~e aL~ag tho QowL utte ofaaia seedon al, North s9i°24'23° wept, 86ti.32 feet ~ a Pout; thence leaving sa4d Sautit line, blor@i ati°3a'29" Eaot, 37.20 feet to a point thence North 09°00.02" Bast, 346.62 #eet to a poiolof thence abang a omve to the right, baving a nadina of 800 0o ;teat, an arv of 228.96 fart sad tL~tg& a central angle tff 16~i'34", with a it'd bearing 3Jotth 21°ll'S4" Bast, a ohoul diata~+e of 2x8.18 that to a paint oft o-n veh~ T~ along a curve to tUe leR. Laving a xadltta of 400.00 Beet, an aro length 24SA0 &,et said then~tt a v+;atral angle of 3S°09'OS", wish a chord beaiipg North OL°49'23° lit, tt e4o~d diatsaoo of 24157 i~ to a point; theppe Notttl IS°aS'09" Weat,11S.34 feetto apohet; thancaNocdi 71°SS'24" 1 125.94 feat to a palttt of aurvatetra; thenoa,etoog s c:rrvetm the right, Laving a tadhes of 750.00 ~. nit ero aiatapoe of 427.71 feet and thronah a prettral angle of 32°12'58", wi@i a cbtard bcarlpg North 88°Di'S3" Haay a dened dletaaae 0!416.17 fboe to a point; Thaaoa South 75°Sl'SS'"Sway 264,25 feet av a point;lltatece 5lonth 44° 20'00" &iSt, 59.46 thanaa North QD°!6.30" E~y 32.09 ~ thetaae South 7S°Sl'38°' Bad, 60 L.78 ~ themae along a curve Lo the h3R, having a tadittr of 2400.04 foot, an arc ieregth of 639.93 fieBt and thtouglt if aet>tra! angle of 20"03'06^. with a oha2d bear3gg Boteth 15°42.16" West, a o8ord t8steaae of 835.65 tlcet od 4 point on tlae south line of sand Section ~; thettoe along said South ling North 89°17'09" Went, 36i .93 feet to the polett o!' 8• Said parcel ootttsiaipg 28.45 aciea, more of lam. Ettd of Ueseriptloa Yrojo~ Nv. 05132 January 13, 2006 i51 t. Yetatteret lp.. lefts F. Nrndlaa. 11 Bi61~ pVAL v_tae.aee.ti~s t pow ear lsss RtcVi BY ~ ~4 KS D~~fG EXHIBIT Al (LI;GAI, D~scRllrriON MiD- Mein' of Paor~TY) DEVELOPMENT AGREEMENT--THE TREE FARM Pale 23 of 7$ ~~~ ~( > lndelson Survey Puan~.eo~ @XHIBI'1' A PARCEL i ZONED R-15 tpilon A parcel of land sit+~ted In the 9outhl Quarlor of Sedtan 21, Townaltlp 4 North, Range /West of fife BolsQ ({A®rkllan. Ada t:ottnty, Idaht~. being more • pertiarlarly desgibed ~ 1bNow: Carrurtenclr~ at ttte Southeast rramer oT ~ t3eotiart 21. thence along the South tlrte of satd t3eglon 21, North t39°2q'29° West, 888.32 feet to ihs True Point of t~aglnnirta; Ther-ae ocrttlru~dttg along said South lure, Nat$t $®°x8'31° Went, 439.99 feet to a patrd7 theitoe North 00°?2'80" Fast, SW.78 test b e point: thence North 89°41'32' Eeltf, 105.08 feet to It point of culv~ure; them along a aWVe to tt18 left, having a redltre of 500.ti0 f~Bet. ttn arc dls~rcoe of 968.08 feet end through e otmtral ang~ of 17°48'oB". vvitil a chord t North 8®°48'28° Fist. a chard distance of 184: 44 feet do a fit; thence North 71°86'24° East, 228.33 feet to a pt thence $atrtlt 16°46'Og° East. 118.34 tilt m 8 pdtvt of curvature' there along a GJrv9 l0 the right, having a radilre of 400.Q0 set arc Iertgth of 246.40 t~ artd ihrouph a centre) eng~ of 36°09'08°, with a bng dtard'tteartng Sgtrth 01°49'23° Went, a chord at 341.87 fe®t to a point pf ravetse ourvattme; thence along a curv® to the IeR, hmdng a radius of 800.00 seat, an arC Iehgttt of ~S.t~ tt38t and thrargh a Celltl8i arf0l8 Of 11Lj°2~'6~°, With 8 CilOlb bearing South 11 °11'Bt3` West, a chard tgetertce at 228.18 feet !o a point; thence 3auth 03°00'02' Wei, 348.62 Beet b e point: Thy South 00°34'29" West, 37.20 feet to ttt® Rolat o! t3®ghtning. Said parcel corttalntrtg 8.71 arn+se, more or less. End of Descrlptlort Pmjeat Nlv. Oti13a December 94, 2005 3S7 [. Yorert°r°r ln.. .Hotta i. Nerillvn, 10 8Ei12 REV R~VA4 1.286.888.)b/s - F, 188.818.7351 BY ~ WppK ~~?~IC EX~IIliIT Al (LEGAL D>e.sCRII'TION AND MAP OF PRQpERTY) ~S a 24 of 78 p1:~;VVELUPMETY'T AGREEMENT -THE TREL FARM ~ ~ ~ 4 - ~~ _~„~ ~~ n p~ , ., 6 ~ hh ~ I 1 f ~~ 4a ~ ~ i ~ I ~~ ~~~~~ ! i ``1~~ ~.J.. !-+J 0 Q ~ g ~Q ~`+.. ~ ~ CJ ~ o~ LL,J w ~LJ ~I~ ~d` ' I. ~~ t I C N ~~Q 0. . + ti ~~~ J a ,, dg a ~.~' ~~ U ~a~ ~~ ~j~ ;~ I~ ~ I~ 8 I~ 1 ~ ~R @r E J~ ~+ I l a ~ ~ ~ s~ ~~ d ~ ~ _ ~ ~ ~ B• ~q ~ ~~ ~ ~ J g C3 ~ ~ °y Vl v & ~ :~ ~ ii~ ~ q I a ~""~v-r 1 ~~ aa« tPd' NqJ~ C ' ~p '"~ c ~" 4 ~i~~ n15~ ~qa~ ~'aUd ~6 ~T EXi<xIIBTT AZ DEVELOPMENT AGREEMENT - T~ TREE FARM Zoning Map of Property THE'TR~E FARM ~~ ,~•~ a t wa~ /,, Y / ~ ~'' ~~ ~ ~ f ~a I • N ~ nee ~e Faar+ ' ' ,/ / r • ~ 9 , r ~ ~~ i _ ~. ~ • OSfAIR$ A 14 CC ~iS 6 R 78 ~ ~ w.a~-~- i a ~ ,~ .._. ~~,~ E~~I'I' Aa (ZONIIV~ MAP OF PROPERTY P e 26 of 78 DEVELOPMENT AGREEMENT -~ TAE TREE FARM ~ ~ ~ F.x~BrT D DEVELOPMENT AGREEMENT -TAE TREE FARM Owners of Property by Parcel Number MDC, LLC 4410 W. Chinden Blvd Meridian, ID 83642 50422315300,50422417300,5042224460S,SO422142300 Doug and Meredith Carnahan 4410 W. Chinden Blvd. Meridian, ID 83642 50422244610 Chester Properties, LLC 7169 N. Spurwing Way Meridian, ID 83642 50422323401, 87219170210,50421417500,50422233750 Treehaven, LLC 2242 East Riverwalk Street, Suite 200 Boise, Idaho 83706 8721910100 EXIIIDIT PI (OWNERS Off' PROPERTY BY PARCEL NUMBER) DEVELOPMENT AGREEMENT -THE TREE FARM Page 27 of 78 • a m a w i ~~ ~~ 4 ~~i ... -~ +~~. 1. 1.: . :~~• =~~. _~ ' ~. ~. ', ('w t ~~i, ~! . ~~~~$s ~' ~~ .. _; ~,: ,.~ ' ~~ ~~ o~ ~~ r z i.r LL. ~ F G ~.". 4 _ ~a ~~ ~~ • ! EXHIEIT D DEVELOPMENT AGREEMENT -THE TREE FARM City Council Findings of Fact, Conclusions of Law and Decision and Order EI+~IHtiIT D {CI'T'Y COUNCIL FINDINGS CONCLUSIONS AND ORDER) DEVELOPMENT AGREEMENT -THE TREE FARM Page 29 of 78 ~~~~~~ punt 2 z aoos~ CITY OF.MERtDCAN FINDINGS OF F.a1CT, CONCLUSIONS OF I.Ay' ANfl DEC~[SIOI~ &~ORDER Gs~ rr~es;~alan ~~ lark OTgae ;Y ~~~ Z ~_t,n?~ A ~JI!L~f7f~IL~~? '~ ',_ i i~~s~u•, ~. .~r# ~- p;. ltt the ltf after of Annoxadon a~ Zoning of X58.57 acros from RR (Ada •~owtty) to, ~-2 (Low-batssily RasidanWl)(66.OE acres), R-8 (Mcdluat-Deaslty Raiideittiai)(t67.OS atr~), R-IS (laCedittua IiiBh-Density Rasidantial}(79.82 acres), C-N (Nel~bborhood$aslncss)(17.26 acres) and C-C (Community HurtnostxZ8.4S aeras) for The True Farm, 6y TreehstYen, LLC, Case iVo(s). ~G-O6-U04 For tho City' CotlncJl•Hoating Data of:.Jane 6.2i1a6 A. Findings of Fact 1, Fleari~ig Facts (sae attached Staff Jiepo~ For rho hearing dais of Jura 6, 2006 isiatrporatad by refarance} 2. Process Facts (sae ottaohed 5talrRepori for tha•hadns dat8 of J[Itto•6,,Z008 inoo~pornrcd by rafereacc) 3. Applit~[ton and [~ropeity Facts Zstxauadhed Sta1~ Report for~ihe hearing date of'Jime 6, 2000. incoriusrated by tafcrattca) 4. Itaquired Findings per the Uniiled'Davcldpment Gvde (sao altacite~ Staff R~t:for the (searing dataof 7~0 6, Z~16 i[tenrperated by rafertncc) B_ Conclusions of Law I. This Gity of Meridian siutll es<etaiso the pgwers conferred ttPtnt it'bY the "L• ocal hand Usc Rlanning Act of 1975,," codifral at Chapter 65, Title 67, ldaho.Code (LG §t,"7.6503)_ 2. Tho Meridian pity Cattncil takes judicial satins of its tJnifiad pavalb~snrcnt.C'.ode codified. at Title 1 I Meridian t;iRy ~Qdo, end all ~trrant zoaing-t{t~pathareof,'TUa City of Maridisst has, by ordlttattste, established tits Impact Ated ar-d the Aprt.~dad Comprrhansive ['iarsbf tho City ofMeridian, which was adapted Aug[ss6~b. 2002, Resolution No. 02-382•and Maps. 3. Tho conditions shall bo reviawablc by the Clty Council pursuant to Meridian City, Code •1 ] -SA. CITY OP INElt1D1A1V t7NDINaB~OP FACE, CtiNCId1S10N9 OF•LAW •AND DHGIS{ON ds OIIDEIt f:ASI? NO(5k AZ-06.OaZ, PAr1E 1 orl EX~YIBIT D (CITY COUNCIL FINDINGS, CONCLUSIONS AND ORDER) DEVELOPMENT AGREEMENT - TIC TREE FARM Page 30 of 78 4. Duc conafderotion hoe been liven to the•cromm~t(s) roCOivad frotn~tltq govenpnauml subdivisions providing savicw fn the City o~Maidlan pltutningjurisdictioia. 5. It•is found publio facilities and savicae required by dse propoa'ed dwclapamm~• will not impose expense upon tltt;public if the attached aondilions of approval •aro hnposed. 6: That the Cify ties granted .an ord'ar of apptttvttl iri tuxardancawith this laebision, which •shell' b'o ~sigaed by:the 9Rayor and Citj+ Clark and then a dopy sarved• liy the Clerk upon the applicant, the PlatLtitgg >xa~artment, the Pub11a Works ])apetttt-mtt and any uAf~tad party tequcating notice. • 7. That this, approval is tattbjaot to dto Legal Dpcription attci the Amended [Sevelopment Agrapncnt Provisions listed in the attached StaffRepon as amended during the hearing data of ]une 6,.2006 ilncorporatad by rafermtee. The pevolapmaat Agreement prgvisions era concluded to be ra~nabla end d~espplioanl shag meat such~dgairomerits•as a provision of annexation dpproval•. C. Decision'end t')rdcf Pursuant m the City !Gowtcil's.'avdmrity ro providet~ is Mdrii4an qty C'oda•¢, !d-SA abd basal upon thb nbovd and foxogain~ pinditag's of•Faot wbic]'i ace heiiein•adopted, it ls.•harelry otrlared that: D, Attached: $tat~' R•aport far, din tieatiag dafc gt'June 6; 2006 t'ITY OF MJ:R101AN FadDING3OF PACT, CONCLUSIONS OF 4:4W AND•DitGS10N & ORAL+tt CA3B Nbt51. A'L~66•C02. •t'AQti 2 of3 EXHYBIT D (CITY COVrrCII. FnvDnvcS, CONCLUSIONS AND ORDER) DEVELOPMENT AGREEMENT--THE TREE FARM Page 31 of 78 i ~ By actial of thn City Coupvtil at its ragular mextingh~ld on t'lu7 ~ ~ ~~ dtij+ df .. _ ,~. 2006. COUNCIL MEMBER S}IAUN WARDI,E VOTED CO.UNCIi. MEMBER ]OP, BORTOAt VOTED_ COUNCIL MEM$>rR CHARLII3 ROUNTREE YLi7'E17 COUNCIL. MEMBER KEITH BIRD VOTI~~ T1E BREAKER MAYOR TAMMY de WBERD _ VQT$I? ~'' G~+~ p~ "1-C3-A..?. By. y Cleric's Offico CIT1~ OF MetalnlAN PINOINCI.4 QF FAC7, CO,NCLUS10NS 4FLAW AND RanStON >~ ORD~i ChS13 NO(S). AzPO6~OQ2• PAO$ 3 or3 EX~IIBIT D (CltTjt COUNCIL FnvDINGS, CONCLUSIONS AND ORDER) DEVELOPMENT AGREEMENT -THE TREE FARM Wage 32 of 78 Copy served upon: / Applicant ~~ Pfdnniltg Department Publle Works~'Dopartmant. City Attamey i CITY OF bIF.RIDIAN Pt:ANMt~U•pftid~AItTINENT'STARp•REPOkT ROR 7NR H~AItINCi f1ATI: i?F 1lJNfi C, 2Q06 •STArF ItIbPORT Hcaringltete: '6J6tOb ,,~ ~~~' °% 70: Meyer &•City Counci) l PROM: G. Celcb Hood, •Cunont PUwNng Mane P~1°^la~l~2't1 ' ~~ ' ~. Meridlatt Pianuting Daparlrnrnt ~• x08-884-$333 - x `~'' an.ttrs:-•~.•':-u:: 9TJAJGC7': 7ho•?t+rs 1'tutn~ittttexadoit ,off-Q6Ad?t Aetttozatlnn and 7,onstg of 358 i7 tteea lUaat RR (Ada County) to R.2 (Low- DettsitjiRwidentian~66.02 acme), !t-6 (Mediwn Density liw[deniial)(T6y.02 a~bh RdS {Mediwn t3igh-banal{y Residrndal>(79.52 sores), GN (Noiglt6prhoad. Buaitteas)(17.2d'auea) atbd C-CQ~o.C~taamltY' , Suainestix2g.45 sues) far ]`he Ttroe):arrrK by'Tteoltavsn, Li:C, ]. SUMMARY Di~CitIFTION OP APPLICANT"S RCQUGST '1'ho applicant, Treehaven. LLC, has applied for Annexation and 7~ett~g, of 338.57 atxes to R 2 (Law-Density Resident~lXi56.02 settee), R-8 (Meditttn-Dt:asity ReaIdattial)(16~.U2 sues), R-15 (Medium High-Dereity Rtatoidetttlal)('79.82 acres), C-N (Neig66erhood f3usinessx17,~6 aces) and t`~ (Cammunity 8'uaittassj(18.49 actt:U. 77to subject prepauty it el-rmagy weed Itlt (Rural, licsidendal) in Ada Cnutay, The epplicatrt has subfltitted a boocspt plan with thr subject Aaetetatipn and 2anhtg-appllpatlon; the a~iiicant it: ttat ptnposing, any' now lend usa§ davelbpn'ront or subdiviaimt et this time, 'fhe site is~ locate! nrt the twrth aide of Chlndt;n Bateleverd, approximately -!! of a mile west of Black Cat -[toad -et:tonding, east to apprrpz'ureately Toa Mlle Road RoadY '1'hi~ sire lies approximalely S,°J60 foot offfentage on Cl}indan Boulaverd. This site [s wed of trn parcels wldck arc owttei iry tiva dltforeia property,ovmaa. Tbue is ae existing wholesale nu~acy, thrae• shiylC.fanuly homes, end soveral outbaildiuffis on this' site, Tha subjject }tropetty is within ttie aroa proposed ro be a part-af the City of• Mecidlan's Area of ltttpaCt and proposed Urban 8cniei Platutit~ Atea.. a. SUMMAItY.~COMMRNDATIQN The subject Amutatation attid Zoning epplieatioa was•sirbntilted W thtrPlahning Dcpatvmtru for review. [3y t'.ily Oedietaat:e, fhe Planateg ~ Zoning t;ommisaitnt makes rcao'mwm+dation to ilee Council otr Annexation sad Zoning eppiicatione. Anyr avnuaonte related te.thaArinexali'ott application (AZ:06-1104) wM ba iacludedin the CommitiaPon's aemtmnwedatioa to des Eotmoil. Pletudng end 7,otlit~ won heard tho item.on a, SummaryoPCommbaionI-abUetiearin8: i. In favor: Clwick O'Noi)I, Doug Carnahan. Pate O'Neill ii. in oppoeitioa: Tuck iuwlog, Shcrri'Etria~ AAhur Rabehl: John LTwing, Bill Glgrax iii. Corrptzentigg: None iv. StaQateaetllLtg.appliwtiore CalelsEiood v- Other staff eonunanting an appiiea[ioa: Bill Katy b. Key lutuea of Dlacuadomby Commission: Tiw Tree Farni Mint9ettim - AZ-a6.Oet PAteE 1 EXHI$YT D (CITY COUNCd FINDINGS, CONCLUSIONS AND ORDER) DEVELOPMENT AGREEMENT -THE TREE FARM Page 33 of 78 CITY plr MERH)IAN TtANNIN(i 1]EPARld46NT STA>iF REIK~T FOA'TH@ HFAItiNtt DATA' pR IUNF.6, :006 i. t7wndrship oPp~trels near the Phyllis Canal, a~{aoetu tp tho TECQ'On~ propart(es end•adjacen{wtltel'tabehlaa-paree)i fi. 1'rovidittg fiugce pubile straot,aeca~ to the ptopaty to the north (Aldapa); Key Commission Cbattgee to Staf[ReccimtAeedttHoes i. Stuff raametatded appmral; the Cepntttittrion (t4cottmtet>dglib¢ is fbr•8rnial. OutslagdiuS [auert for City Council: ' i. Sta(i ro¢opuneg5ed approval of the su6jeoi amtaxapoa appiSF.adan. ifased ~n the $aet_tl~t~ovlslottt~fpure nubiic•maet aece~ to-the pJ sresg, tv to the Werth (Aldaael bad no reeolvadl,,y tha.hgar[n difa tjg Camtnisslnn ~y~t~ de a~ of the atylo=aNau. Sttbsenuent to the Comtn- b±e~lttl e, lira aoolicartt.met with City ,~o~~~s dig poasib}~q~tlon.Sg the aresas imue to tba Alde~}Zrr. Staffbelievas tbs~,,,f.~lt~ eoolicans.will tttttaeat_Ihis etneasaf to !ha Oily Costgcil at the Junt 6 ouhiic h~s9ns- 3, PRpPOBED M01'lON (~ bt+cot4sidaral:affot' Hte pubUo heario~ App'rovel Aftitr'aonsidetittg~ll stitff:• applicant ~ public tmbtnony, I tnovo to apptorio F'ile'Nitmbix AZ- Q6~004 atr preamlted Ga tl~ $~tPRapttst far tho ht~ttistg dato of June 6, sAOb. with Ihe•following• modificaliotta to dte proposod duvaloptuctu agrtxmatt: (add stay propotbpd etudiQcaUmra.) Deolal Afltx considrring all statT, applicatu and public testimony. 1 tttova to deny'Fi]o Nutter A2-06- pOd as pretwutrd in the Staff Report for (Ito hawing, date of luno 6, 2086, for this following •reuoas: (yeu ahovld stale speoii`ia ronsona fo>` denial of the anRO7Wtien reguasr.) -Coatinuence Aftec conaidorinB all uatf, applicant am! public tostinrouy, t tttove to txruintte ale Number A2- O6-0U4 w Ute heating date OP (insert copt~uad hearing date here) far the following reason(s): (you sbottld state specifu roaeon(s) for wntinuance.) 4.APi'1LIGATION AND PROPERTY FAGT6 a. Site /~ddrt:aNI.acatittst: 4410 W. 4`hittden Ooulavard/474Q W. Chitidrtrt Aoulavanl; cetrh side of Cbindnt t3atdttvard in Sections 21 a:id 22. Township 4 Noah, Range 1 West h. Owners: MDC; L'LC: aal0 W. CFtinden 13oulgvptd Meridian,lD 83642 R Dpttg and Mett3dhh'Cevttai~, 4410 W: Chiuden=Bouloverd Meridian, ID 83642 Je Ann Eggers Trost 7169 N. Sptmving Way Meridian, m 83842 A 3a Aan,Eggars'lttret agrl US 14anlr SttrSCC49or Trustee p.O. Box 64!42 TAs Tree Ptmn Annaesuon - ~2-0WlWO PAQ82 EXHIBIT D (CnTx COUNCIL FiND1NCS, CONCLUSIONS aAm ORU>~R) DEVELOPMENT AGREEMENT -THE TREE FARM Page 34 of 78 Ct1 Y DF MERIPIA,N FLANNiNt3 t)YJ~ANTMLTLI'STAFP RL'FORT FAIL THB t1EANtMO DATE OF' ~UhE 6, 2ti06 `$t. Paul, MN SS164 Cotmlo Avery 47A0 W. Chintlett boulevard Meridian, m 83642 c• ApplicenVRcpresentetive: Derlektl'Naill d. Prcaenl'2orting: R&(Adalouaty}~ a PresatttCemptchmalvaPlaniksigttalion: Mixed Use-Community, piiedittut•Dettsity Raaldeatial, Low DettsityResldoaliAl, and ®patentiai Schtxrl5ite atl: all.dasigtmiad for this prapetiy on the pwpasaA Fututo I.aa4 Uae Map. f, Daseription of Applicant's Raques9l; 13aciuFat for•Aetion and 2enlitg of 358.S7.aCre4 to• R 2 (Low-Density Reaideatialx66.OZ•awes), R-ti (Madiutn-patslty Raafden{.tal)Q 67:02 •acros), 2t• 1 t (Medium itigll-Dan~ity RaaldGUisl~79.82 atxea), G-N (NeiBhbarhaod f9ttsin~a)(17.26 ae+eta) and C•C (Cornttlurttty Businesa~YB.43 ores). g. ApplkanCs SunwnattlJuwifimdon: 3'6a Trrxi•Feram is a 1b2.63 aeoe planned txattuuinity laaatcd north of Gliiaden Iiouievatd, iilreetly wad pf Spu:•virtg Cauatry Cdub.'17ivprt~,perty.is' wrrattly in Ada Counfyttrd outeida~M tha•Mmr[dtan ame of irppaa. Iiowava, it is part of the current Comprehension Plan Art~ttdettant~tu process, The proposed compr~tensive plea calls for ntediuat aad low damifty bousingna well u, a.aelgltlayrboad coAattmtGial Iwd community cnrttr»ercial courponarit. The epplienrtt k~s met.tvith rha City ofM~dien rartn4cous times to refine a ewtcapi plea to metali tlie~naw'out~inad camtprtehenslva plan (pleasaseo•Appticant's 'Submittal Letter.) 9. ARQC[+: iS FACTS a. The subject appliaatiott vsiU In feet eoe-sUttrtn:en annatatian at dgteradneel by'Ciry Otdinar-ce Ily reason of tlr6 protrlsidra of rho Mdrldlmn City Codo Title 11 Chapter 5, a public hearing, is nxluiral before rho City Cqudctt oa this matte, h. Newspaper aotific@lians published nn: FebrUal:y ~ 3 and 27, 2006 ((or P & Z Commission heanng) and Mey15 end 29, 20Uti (far•City fbuncJl hearing) e. Rath us rtoticcs mailed to plnpeAl'as within 3011 •fnot oa; FabNary 6, 2006 (for T & z Comntission~hearirrg) and May 12, 2006 (for City C.our~cil hearing) d. AppUcani pasted rwdceon ells by: Fabroary'20, ZOg6 (ibr P & Z Commission hwring) 6. I.ANA USS a• (ixladttg Lnttd Use(s): Thee is ap euistitig wholesalenursary (trs:o fam~j, rhren homes and other outbuildings on rho eubjsxt silo. b. !)ascription of Cimracter of Surrounding Area: This area is prirrmrify rural residexttiel in ttatta•p Tids at+rnt, rrspanially sotyh of Cldngan, lc rapidly uausitioning from rotal to urban. v. Adjaean Land Usb aad Zoning: l - Nortit: •PI-yllia Canal; Rust rpsideniisl: Agricultural, sorted RR a~ Rl (ltrla cotm-r) L F~sl: f)ttetlCrii lme ln.Sputwing, Subdivision and WestWing'Subdiviaion, ~ncd RR (Ada CouriY) 3. South: Proposed Bainbridgo Subdivision, coned [rO and Itt•8; Seve-aa ~vral ptoperdo in Ada cotaaiy, zoned RUT Tho Tres Fs,m Mnsxatlon - A7.Wi~001 hatOE 3 EXHIBIT D (CITY COUNCIL FINDINGS, CONCLUSIONS AND ORDER) DEVELOPMENT AGREEMENT -THE TREE FARM Page 35 of 78 ~ ~ F:11Y Ah MP.Rtt)IAN•PI,AWNIWtJ »EPARTMQNT97'AI?F'RL'PRRT FOfCTF16 tt6ARJN•t7 RATE OFJIJHF 6,ap06 4. West: Agficultttral ettd'rursl residtmtit-1, totted RR cAda CtmVtty) d History of Previous Actions: Thv City is catietttly in tha-protxsa of t-tnimdinpr its. Area at-City Impact a includs•tho suf~ett area. The Compreher~ive'Plart Map Ar>>etltlman't~applicdut)n is on tNti f:ity Cwttuil a8tgtda for March 7, 2006, ~70,{ypmit7.•2006 the Cltu ~tttiail yatcd to ~qp the Co ve ~{gl! Ma-,-°.,Am°ndrnegis t>x-l~oh ins! loan ir~l{p8-~ha sati:~r area on the puturo Land Vsa Mao. e. T;xisting C:onalrainte,gnd Qpportuohiat: 1. rattle 1+dot7te: l.or~tion of ttewar: Tbis parcel curteraly hqs rto aura dbsllablts a.it. it is inserts plam-od to sower to tltc Cuturo Nortb Black Cat 7'tztnk which will not be-availoblo NII date 2007 or eaHy 2008. Lot:aGau of water. Thorn is no City of Maidiap water main eutrwelly ulroil"able to dtia sits. UttitN Water and the City of Meridian are cunetuiy in ne~otiIItions.Wttl • would elloty 1Jnitbd• Watc~ tti provide water stavice to this ails Issues orcoacarns: Sewer will not•bo available tLll late 2807 to.etuly 2008.. 2. Vegetation: Thine are some et<ijetia8 uses as this site that~ehoWd 6epmtacted or mitigated for when this prapea•ty dtnrelope. 3. F9nodplain: NIA • 1. ~CanalslAitohtw Irrigagon: Arty itrigfiUon~ditches, tatmale pod canals (not Phyllis) that cross tltia property should be tital when this property dwalapa. 5. Itaaards: Staff le not aware of say tuezerda'essoetated with this pwpnrty. b. @rvpvted Zania~ R-Z, R-8, R-] S, C-N and C-C 7. Siaeol'Propmty:358.57gcrna •; SubdivisionJ'lat Itd'ottpatimt: The gppiieanrhss trot sttbtttittrd a pratiatioaty plat'with.the subject anrtatetioa application. Stnti;reeotttme~that the City tmtsrituoa $eve[opmcgl Agremtaent (bA).with rhtr ttubject ptopwty awripti, Shalt agnocanatt eN4tild htCJtrde the provisions itt Seetimt 10, Analysis. below- g. Landscaping. I . Width ofgt~eat btdfer(a): Pcr iriry Cada (UDC l l-2A) and the Compreheasivc Platt a 35~oot w'ute lattdaeapa arras bu~w is rcgttirbd adjaeettt to Chinden BoaietYgrd, qn eJaryway corridor. Per the UDC a x9-faot wide street bpffcr is required adjetaettt to ell arterial eircets; a 30.toa wide arrest btrlPor•is required bdjakwu to collelzar strceta; aad, a 10-foot wide-buffer ia•required idjaooat m ail•catiimacial streets, When this property dervelop's, thhCity ttltould requite fiJ0 compliance with the street butler tetluircmestte of rho UDG. w Widtt of buffer(s) betweatr land uses; Per City Cade (tlDC'1'eble 11-~-3} a 25- !oa wide landscape buffer.is required bawagt wrnrna+dally zoned progenies and residential usee/rdrtea. When title property develops, fhe Gty s}-ditid t+xxprire fitil comptietiec with the tand•tue bu'ffa•requ(rt:tnmta of e1x (JpC. h. RWuired Cmrnncreial Startdmds: C N aAd C-C setbeaka l'tvposed R'equtroa iertdacapo ().ocsUCommarcialj N/A 10' ilte 7rw Farm Artne><otim - AZ-0a-OOC- MA +'C E 4 EXHIBIT D (CrrY Covlvcn F11vp~1GS, CONCL~JSYONS AtYD GIRDER) DEVELOPMENT AGREEMENT--THE TREE FARM Page 36 of 78 • • ('ITY QF MF3[IgtAIV PI.ANtsINO ht:PAl[7M10~1' 9TAtn= ItFrwR7 F08 THE H~1i1NG DA PC.OF JL1N~ 6,•200H Entryway Road (Chirklon), NlA 3S' Colladc-r Stnxl N/A. '28' Maxir[wm Building Height NI'A SS' i. Rtttiuiredtzesideniial Standards: R 2 Seibaoks Pmpostid Rtttlttircd •Front/Strea Sldo Living Araet N/A 7A' Side Atxeaetad Oerege ~N/A 20' Fcont Atxmat:d Garage •N/A 20' Tntaripr Sipe. Itl/A 7.5' ~r story Rear 1Y71i ~1S' Rrontage TUJ~ 80' Lot Sire lV/~1 12,OOt1 ttgttarp test R-B Setbpelts Proywaed Requlied FronNS[roa Sida Living Area Ti/A 15' SidrAtxessed (itaege N/A {'S' Cront Accessed Garage N/A 26' Interior $ide N/A 4' Rcai N/A 12' 1'rotttage NIA 50' Lot Size NIA 5,000 equate i`!et R-15 .Wetbacks A.ropttsad Raquitbd 'FrottlJ$txecb$ideWviugAtnq N/A 10' Side Aocesaad Oarage lY/A IS' rraK Atcastted darage N/A 20' lnttsior SldC NIA 4' Rear N/A 12' Frontage N1A 0' Lot Slat 'IJJA 2,400 square ftxt j. Stuamary of Aroposed SttaWe and/or geatros: , As nuaationed above, the applioaW is nQY propaaia~ to dcveloptpltu Otis propm[y a< tliib`time. 1'~tese dtoWd be iiaturv aasFwGt~ aad- notth-awth cofltz<tor/artttuial raadwaya mtatiuoted wltbin lho ~oupdaries ofthia site whY`ctt woule~ connect Ghindat ffottlovsrd aNt H~eakOat'Rts4d-eves tha Rim. r. coitatwr~tyrs ]1ZS1R7'ID7C 7h'! T-eo Farm AMaaat{pn •-AZ•a6-Q04 PAG& S EXHIHIT D (CITY COUNCll. FINDINGS, CONCLUSIONS AND OItDEIt) DEVELOPMENT AGREEMENT -THE TREE FARM Page 37 of 78 • GGIII'Y OF FIFatID1AN PLANNING DBPARTMCtN7 ttTAfF REPA[tT FOR 7'Hts_HaAittNCi•PA7E QFJUNE 6, IdeOG On Febvlu'y l ~, 2006, a jolntsgaacy and dcphnmerna nitsedng was heltj with exrvlurprovidprs io dtis aura. The agtmcieaz and deperunenta present idclude: Metldian Fire DapatW»t, Aiaidian fiarks Dq+annteru, Meridian Pablio Worl~ Dt~tmeat, and tits Sanitary Seeviceai Company. 73ta bferidiw Fire f>onttrt,nent and the Mixldhtn Par•1~ Department wino thd~only depattrnentti or aganeia.to provide corattteota.'fbesa cotnrnen(s aze "standard" and have gtil been itscluded as sonditipns ofarutexation. tbtee a development p~n(al ~ aubmlaed sta>~' wr71 provitl~ dta•appliwlJt wish spacittc wnunwtts andcoadidans &oni ap aaaunendng ageerGia and depnrWetlts. ti. COMI'REIIENSIVE PLAN POLICIES ANA GAlu:4 This yiroperty is doeignated "• Mixed'l.~se - Curntauaily", "Medium 1)engitg Residential"and'•l.ow Density Residartial" qn the proptuuaC Compreheutaiva Phta Frmue Land Uao• Map. In Charpter Vll of the Caatprehensivo Plan, tin mixed ass deaignatiton is dotis-ai is part as stt aroa that >y aharaterl in liighly-viable or tratailioning parts of Ina Cily ishsre inndvistiVe and tloitibla design, opportuaitiea sn: eacouragetl. Tlie Mined Usc -• Gdmntunity de§ignridon eflowa rasldcrdial density bctwoen 3 and 1 S sltvel ling unite per sere, up to 200,000 square Ie~•nf-,ron-residential• building area, and is inteadbd to allow h hsaid range of urea. Maiiinm denelty residtntial arena are. anticipated to ootttein between three and sight dwcllinga per aerv,•wit{Ie -rnv dirasity residet-tial arria aro anticipated to txtttaia uP ttr three dwellings par earn. Staff Mds lha following Cattgxehansive Plan policlea to ba applhsbla tp thi[ ptOperty and apply to the•aubjep ptaperty (staff analysis in ftalfcs below poli4y): • Requirx> that devdopmetd projetaa have plarutdd fiDr the prevision of aH P'irblic, sarriCps. ~Chaptrer Vli, Cloal•11I, objative A, Anion l) When the Qry ~stabllshes its Area of t..7ry /nrpaet, ll plane to pr-0vide Ci(y servic~s-1v the s+tbjau properites. The Clry rp'Meridion plans to pratdda tntlatr:/ptd servitars to U,a 7mds proposed ro be onnsxed fn fns jallewtag rnarner,• • Sanitary sewar and water ssrv(ee will Ge r~rlwrarrded -tq the proJari al the dewdaper4 axyans~e. •• 77ra sMdjael Panda eurretttly !lt ,uitAfn 1heJuNsdlctltan q/tho Meridian Xura1,!?jtix Distrlu. Ortca annexed the lands wi!/•ba tueder~tlt~/~rtldlCtlon.stJ'tJ~eAd~lasrJd,an Eiry Fins Drtpardaenl, rube crariently sharca remgrtrt"e'and persOnireb with .tl,e ddrrldtanlturolfhe.Departnrent. • The salpeu lands eurrent(y lib within the/w~sdtctlan•gJthe Ada Cgnruy Sheril!'s t~ftlcu. Once onaesad the lands will be serviced 8y the Meridian Potee Dtpartrrrtnt (MPDJ. 77,e roadways ar~w.tisrrt tv (hr sub/eet farrds at+e nrrrently owned and rnatnroined ay tlraAda Coapry tlighttay l]iS[rtcr IRCNDJ. This savks•w;ll+ar change. . 7rra sr.~'ect landr aro crarsarly serviced b!' the Mdrldian School Dlslrlu YFZ. T7,ts sartilos will not ohanga. . The sv6/eer lands aro a,rrent~ strrviced by the ttlettid/on Gtkrary Dlsrrict, 7riLr service will nor change n,rd the A~erfdlasr Uirrary Dlarlct •ahould sgp'er no revenue Iirrss m a.resuh oj, rhs su6j4eu onaaxalion. ManletlxrG,Jsu-sayporrevl, s4tvices wilF lw pra~dderl DY (Ire /Iarldtan Buila'!ng 11aParn-fent, the Afr"rldian Puhlte WoHtr De/x-rarwnl 'the Meridian Jf'aler I)epartmonl, lire • Merad~an -Y,arra+aurer 17trpartmanr, the Me,dd/an Planning pspnrAnent, Jideraltar~ Urtliry Billing Servkec, amd Saakary Servkea.Comporrv--~ '1'i~e Tke Fam Aaaauaan - At-06-004 VAti£.6 EXHIBIT D (CITY Co~uxClL FnvDnvas, CONCLITSIONS AND ORDER) DEVELOPMENT AGREEMENT--THE TREE FARM Pagrr 38 of 78 • • Gi1Y•OF MLkIp1AlV Pl,AtdNINQ D13PAR'tMfiM'6TAFp kEf'ORT; FOk 1'NE7113ApA•W DATEOF Jt-Nt e. 2006 • Protect existing t'asideMial progertiea fro-n itu:ampelible land sea dwalopmem ou adjacwit panels. {Chapter VJi, t;ioal N, ObjtxsYlva C, rCc-h-ri l) The oppllctrnt is propastag residential sages atf/aceat uo the aXt~rinbt resittandul and agrlarltuml properties to the north. ~tuest and west tall zaasd iPR err Rl' in ifdq• Gruruyj. Both parrr{ls prt>!?osvd jor• tx+rra-terr^lal toning, are. triternal to the tlevakrpmetq. 97r® ¢pkficani is proposing csomnresclalaonGtg ttf{jaArat, !o p-vpasedltrsidwtdal'zohirtg dfstricts • •Flowpver, the iny-+acfs•tn,the propost.rUfature tts/de+uial jiropera'ss ElP•tNe carhma>clal pabprrtl~s c'orr lie (Antrad'through thb~twruUtrcttorl of rbadwkys hmd -tt'd btiQ"ers, jenctttjc' ; cart design tfJ'thd fandra subdivision. IYtiea dti~aaloptnent appli~rutF6nt arts subustl!!ed for•'tbtr sire, ari~'•will, fuuy avatuale rhr eompattbtltry tjtheprsrpased.lond psas, • {requiter new urban•detaity sabdivlsieus which shat orate ptozitnal to tircisung~low density residtuuiel letsd t>ea8 bs prtrvida land~aepad ajoraaning Or tranaltiottal dw-sitioa wflh •larger, more ootnlattablc lot s-zea to buffer the tntorface batw~n ether lewd t1,Ctsiti0a and rurnl realdoatial dcs,aidca. (Gh+sptar Y[f, t7oal I, pbjadive A, Action 8) Sro,Q'recngataes that !here are soars existing low dtwstty resldendal hmd usca• near this property. Sm,~'beltevas that die taeations of cha proposed R.?, R-8 arrd R•/d zoning dvstgaWior-s era gwiera/ly apprnprtata as the! larger lots wilt prLnartly ba an tiie nor7lr alder ojthc derelrrpmenl, cad the higher density will br r-samr•Chindea tlaulermrd, n major arjeNal:streel. Hu-aever, the applirsvtr Is proposing an R•!3 8arte oaf jaeent in lYartti'tng: hirales..e prolmsed lowdeaslty urea oa !Ire Future land Use Map, 2b provideo rrp~aiti^a itarweee the sa6ltrotd 'meat and t Qftuar~/ow ~/ ~dave/nm•ml! Olf{r~p~tWing s sl i stria shorddhttrr6te to dote at /east oar tat rlerttli efR F yiaer~r~'Lf leant ~T s rte,. ea jaraandedaa pntPosed,l7'sW/j dra proposed adale>b'sho,~d ~Jeotivel~' j+ra.Jidr )Ae har-silton betwaea the.gt(/t-ceal rural parcels and dre proposed ttr¢aa da'wslppn7enG;S`IgQ" Catotaarrrtds dmt the t wmo n-Gsston aad Council rely t7n any written or varba7 testlmoay! provided from neigbFwrs x+hai di!terariairtg the malt approptfeti~•sOniat(tdesigtarionjgr (h1.4 J~pe~Y' • "Pa-tnit new. •..coarxusalel dowaloptttcnta duly wham w•baa aasviaas t:ar} be st~sonably provid6d at she litite of tired appmvei grid develop tent fa aotttiguous.to lira Cily." (Chapter W.; Gaal f. Qbjeativa A,•Aetion ti) 7Y+is r[r/velopment Ls putrsatty sot serviceatNe 6y the City pj Aelerldtan s sanitary sewer pystam Samar sorrfpe jor this develapatent wA/ be eta thtejlaurr North Black Car ti/t station. (f this devalopmertt fs trpproved, !t shell be sulyaet to ~ North Wieser Cat seater system being arailab/e. t:lty of hderidlaa maaidpa! water is Carrently'not available to this alts. fjre City vj Meridian uad Urtl(rd iYater era earrrntly !n negatlattnni that i++ould dllaw t%aited~Wlrrer to provide miner servtoe to thfa pareal. •Soltd v-srste Bird other sere/i•!s abk bd pr~videi! la this property. • • "locate new emeunanity aomerietsial areas on ertetala...sua{ residenuial areas in Ncb a way as to txemplatneatt with >idjoining resdrntial areas:' (Chapter Vlt, t3t>al III, Qbjectiw 17; Actim- 3) • 4`hindsn Boulevard taro daslgaated arterial ruali-voy4 StgfJ'Jlrhis that dra proposed c[pm-amlfy .cnmmarcial soaiag aad jatum •commercid tuts qa this propwty should eomplemenl the nearby rtehtaartal lead urea, Tao Tma r-.ann Aneexntfen - nE•as.aaa PAGE? EXHIBIT D (CI'T'Y COVNCII, FINDINGS, CONCLUSIONS AND ORDER) DEVELOPMENT AGREEMENT - THE TREE FARM page 39 of 78 • CIY'Y Ut' M 5R101AN PLANNING DLPARTtdL`NT STAR RP.P(inT POA THE HEANMO DATE OP JUNE L. 2aMt "Nlai- for a variety oi"oottt~ial and rpuil opporltutitiea~avithin tha•Jmpac+ Area."' (Clup<a' 'V13,Gaa1~a, ObjeCtiveJlj Aplxrtsitxately 43 dogs nJ'lhe, subf ea site are pn6posed for t:axtxrerciol coning, Tfie• suGjea upplieaNan dose not prapase any new utads, and eteslgndtes 'the a¢mmorCialdy, ra-rcil properdds as mired rtce cYtmmercial. 1Tm erLsting tree farm that !a to tattrain, and ~tlre jdtura cto-nntt~clal and rtttai! alter add m rite varicry pjnaur-resldettt~a! aa¢s within the City ~ Area ajlwrprrct, sWl1'~* sappat7i+n ajar proposed mtnmprrtia/ rtoxfeB. • '7teslrioc aurbu•auts and aoaaaa peittta on aorit~wra sad antaiel suaas." (chapter •!flt. Goat IV, Objpxive A, Action I) Gfn the subtditted •eaxcept plan, th¢ applirnxt tr eatc~tpptally proporitig, a mid-trite access w Gilndex Bnulavard, and attending Black CatJttuul to the ttorilt ata+asr C/liru',lpr•$oulerard..f third access tit Chlndmr Bau/avwd located a j®w 6yxdmdta~+jroq+ rla slack Cat Road esrensfbq, is skawti ox the Concept Plea. Cbncep(ual ages points to Black fat Road afa• also (proposed. No other access points tolfrom; Blat:k Cat Road ar ~Chlnifan Baule•urd ore conaeptaaltypropa~ad tolfrom this•proparly. •A9ton rh>p proptrrty develop:, sw,()'recomnrenr(s t$a( assts tG dtis site be ptiorw•ily provided by thcfature lnlerxal, taddwayldrlMn~ay system and rrdt Chiudsrt Boal¢-ard and Black Cat Road, SfgQ'is B'etterat~-y, aypportive~jtha proposer! access potnls !a Chlxdan Boulevard and BlaeB Cat~oad, ar shown do Iha subririarell cbtPaept plan, with the exc¢,~tion o/ the propofed iltivewoy aoaasa• pofrN to •tlte Commatiry Cabinarcia/ area frorx Chfttdex BoulevtntC' ~ reextintnenJat that ot~ess ree~ dt°ns-m Chimer t?riulevard he a-a~l on {lJts p~er~ltpro~~,ptavfsioxs !x_a A~!tlstmxent Qg<ygnr~txf. ,5rq,~further t+pt»mrxetuls drat Nre access pa4tcs !o Blaeh Cat Road be e~t+aluatad end rastric7ctl whcn thLtproperry develops. JtcviaYv raw tlove+lop+tteat for appropriate apparttudtios'to aannrr~t to local r~ ~aad ~lltrowre In atljagont dovtslaptaet+cs. (Chapter V[, Q'gaI fI, t~t~tfva A, Action I3) CetrrdnNy there ara•xo oppot7unides to eo»noct ro existing roadtr Ix adJgrrtrt dal~elapmgn/s S1pQJ'bellevas tlwt nlmr+ the tpadaay/drlve+vay system in J7te 11'e4 Form Le cpnstntctCd, shat dercel should provide otters to the parcci to Nte east (Henkel dS~B aw>rsJ, ei~ast (AsftiMallert propertJ~ Uuyhec tltlouxtntx V,extures propcrry, and 5t'ba+enl{j`ltler' preper-Y1. •aiuf xotYlt (7'EG`d~One property and Once propartyJ. Plaasa see Analysts below. • "Itaquire appta}triate ktnidacaps~and buffets along ttanapanatlmi oorriclora (aelbac)c,, vagatulien, !ew walla, borma, ati:.)",{Cl+ap-ar V[I,t)oaJ N, tJ):jeauve.A, Aatloh tram 4) .4s depJetad on rite Corroprehanylw PlaxFwure rand Use Mai the apy[lca-ti rhogld he vequtnzd to coJtstruet n 35 foot •~vit(e latufacape beret wd/h tlan~ vegetattitn along Chintla-r Boulevard, when this site dtrvelopg. Thrl applicant should ciao ite:t+egt~ltstd to cons{rant $ 2~ foot xidrt landscwpa 6rtf/etnlt-rg tl+c jtaurse Black Cot Road 47ra ¢xtlre bt~ershvulil die autslda fhe uhitrrare rlgltr~~~vAay. y •"On-atrcer blkowaya~ t+lm+tld ba inawppiaraii an ell Curare ta)Iootar sGriett;+° (CGaRUY VI, N'igute VI-S) Rll,furere colkecpr streets shoald contain bikeways. 11x Trca Fam Antanatinn - AZT-gbODa PACiI: B EXHIBIT D (CITY COUNCIL FINDINGS, CONCI.U5IONS AND ORDER) DEVELOPMENT AGREEMENT -THE TREE FARM Page 40 of 78 • Crt7 GF MBRt QIAM PLANNING pEFtiARTMtTrf STAFF kC1.'pltT NGit Trnt I IriAtitAtG dhTF OF JUN[? a, JQ06 Staff also find's lira fnlla-virsg 2002 Compralieatsiva Plan text polreies to•be appUcablo to dtis• appllcatitw: • "TFte capacity of aAesrial. , ,rcadwayro can be gully dtminielied.by cxcrsaivct driveway cannecdiond to tht: roadways. The City should txxspeaeta with At:FIA'ta rninitntze access paints' on anerlal.. roadways as dt:vedapmcal appHceliona.tue.' evvletved." (Gtapter Vf, ppge 72) i'13evelop tnatboda. such as cro~s~rxroes egrexmecota. (i+otrtege: roads, to redttco the number ttf cziadrtg aex;ese~points atr to artexial slrrzty" ICheptdr Vl, pttgc'79) Staff finds thnt the proposed R•?, /~8. RJ3, C-N and C-C traatng datlgnae[an era ganaroUy harnronfotrs with and. fn accrirdatc6 >ad'th the Comprehensfva Plan .{please sae Aaslysfr below). Srq(~ reK»mmands chat the Commfsstan and Cowre!! rely on airy verbal ar wrdt~n terUmony thpt may be prvvldad ar dte ~u+b(ic he6rfrt~ when tletatmining {j the applicant s proposed a4ning {~randmw+i regrw.rl ir~ nppra/iarfa~e,(nr this property. 9,,[1N1F111?D I1LrVlti1.OPM>JiN7' CODL Allawetl Uses: UDC Table l I-213.2 llgta'the pettnilttxl, aaeeasay. agd,eonditioirel liras in the C•N'ttnd C-0 zoning districts, .L,er~acapc nurgeriea/treo famta are codditioaally allowbd in the C-N zone. There is ea oxistiag auraccy on dtia sitq Wbieh the applioani 9sprepoaio~#:ty rrtsia (see Arralyeie below). UDC Table 9 t 2A 2 lists ptauiitttxf, aaeeseary,, cad conditional uses is the R-2, R-8 and R-l S zoning districts Uteept for tha nxiati>s~dtoe fanu (nursery~.•all fiRwr'a developrnattl an this site should comply with ate allowed tuea•mb1~ of rho t3DC. purpose St>itement of ZenW: T¢c purpose'af the taeidmttisl dfalrias ie lci•prb~ridalar a renge of liouxittg opptMtut~f{es t.ortalslertl withthe Meridieu C~itroPitin. Comuatiim.tarltc City of.Mtaidiha tveterard sewer systtaws is a ttx3uiPmntbtt lbr all rasidentiel disttiistn: lteaideatlel diatriars aro distinguished by the gllowable darrtsity of dwelling touts,per acreand t.orreapeut'Fling hottsing,lypaa that'caa be ac:mrruttatlsted witbfa alb d6"~t?' nalid- The pwpoac ofate, Cotpmetcial Diatrjcta is.to provido for tiro retail ~ ~ervko npads•~o1` Ore community in aocard with the Meridian CoraprrThevraive PIan;Fokr AiatrlFts•are dtsaigluq!ed which diffi4 in the sige and scale otco>amprrtal struetprea accamsawdstod~ ia.tlie'diehii:r, the scalu oral stir of eUowed wtrttr~trial uses, and rho locatierrt•of the tliaWex is prox;mity'to slrccte, oral highways. 10. ANALYSIS a. Analysis of teas Leer'ding to Staff Re:oammcndation: L AL Application: 13tfsed on the palicitsr and Ala erontafned !n trio Cotisprebesrsive Plan, and -he developn-crtt surrouadittg the subject she, staff .beliwes rbat tlit requested R 2, It-$, R-13, C-N sad C-C zonta ere appropriate for ttris prolier4Y. Platsc see: Exhibit C frn deslailad ertatysia of the rexltdrod.facts sad Endings. .;,,t~l ono' The ertnwtatieut ieg~l' de~crlptioa submiiu~ with rite appli~dor} (srentped oo lattuaty 13, 2tid6 by t3•ordon; N. ~{Kndtaa~, Pf.S) shows tl~c property as cotttigtrous to fho•ortiating aarporate bouaidary of the City.of Megddian. 'There is souse cone over who awtta, att has a ~ to, aot>io• trropersY Tn this aYe~. According to rho Ade Courtly Awoset+ , MDC, l.LC, one of liar, aulYJa- ixt'~ity avvneta, owns addititoaal propwty arauad proptitty owacd by TECO~D~IE..~i-I C'~~e •fixltibit D). Tbts property has Writ beat included wilbitt the Bttbjeot armrxati3rt request. The owaeers •oi dto T6ClD ONIS pRtP~Y and ~ Aldape propert3~ fuRher to the rioftb; 'the T,aa Fern Anaaxmiern - AZ~O6~OC4 FACE 9 L'XHIDIT D (CITY COUNCIL FnvDnvcs, CONCLUSIONS AND ORDER) Page 41 of 78 DEVELOPMENT AGREEMENT -THE TREE FARM CITY pF MftFiplAN RI.AN~1gN1'i' pEPARTM~ENT aTAt'FBL~1'OAT r-as THE fIEARIhG DATir or lUN& 6, zaog • havc ex~tnasad tit over this area. it appears that tha•trtost practical huatiotr for a future public stt~eet over' the•rim is 1wht7t0 the existlttg Bttaeo tat>G is ctittatrsTCted. 7'lie• adjtwmt pt'opatty owtmrs have caaocm over gating a roadway ovHr •t}tp~lryl~is Coal and 'doivit to t6o Attiape' property,, esptxially, it 1HDC, ).I.G awnv .that }}ropaty .arid does not Malta say provisions far tt gtture •rpadlvay ~n ~lh~ locelian. Stei~doeg aoI bOllove that the attbjttct applicant aShauld irq red to atsnatraat a stt'ear:to .AldaRo proPf~'4Y where Iha eutrattt Aasea~.aae star'Irtd•tttafd~'a~a ha's cartes 191rh allowing'N(AC, LLf: tc}wvn this proitttty (if fn•faet they'do) without making forma provision that allows tltia orbs. io becdma a publla roadway in the 11+ture.. to ttsCennnattd a the~e~~eartt, at ~ t~li~ 1t43sd11P,5~•s. is aotroa ~ ctarifv ewnerehlF oPUus errs. TF~r~ ngC_i,~~d~_wlth[n1h8 at M arena ~tio~aApGiantirnt ara by btthC` ~~C_ that land ~h~,utld•t~a ~(uded as pact oC'tb~biect pntlcxatian a scat p, Stair recammanda that rho Coataoiasiam finis flier' iltis •'jtyb rti" has_I>~rt _a daauatalY addressed By the aanJ~p~ arior to ~ttakina •a fayttrabl~ t~sxittttntmdatlnn tot r Glty r '1.11te applicant lips prodl'ded ata17 with•e titap (stx Cxhibit by aed~ a later (aw: Attachment #3, from fire letter tiAtai March 24, 20(16} that expleins't]tat 1'reehavett and MD<: wilt ituslutfa Pttraela t, 2, ~, & 5 in•the annexation requosl, ae parties associated with the appitwtt ewq thaea paroals. Hirwadrir', it ie still uaalaar who•owna Ppael 4, which is basically the 9ouThenr pad of'13asao ftmo that bieoeta tJtts two TF•Ct3 OTJE parcels. Plcaaa see the "Ba:aco'" spcctal cotuideration Irclow_ Ae mentiotto~ in Beatles 8 above, staff has setae a>nootns~oVOr. lira propasad R-15 xaititig odjtioam to rho oxisµttg WoatWing tistate~ Suhdlvisiom The, 'prpposad t:amprehonsive Plan'xphue 4aad, •Us4 Map etttidpatas that WastWing Fittate5 will radevolpp with low datsity rcaldonttal oats. To ollow rho rosidentlal dtatsittZg is •eltia area to tCanaicion effectively, staff raourtttrteads shat a portion o[ tha 3'.l. tb saves propOead for R-15 caning adjacent to WwlWing 1rAate~ be 2oaad ra R-td~ l~ig reviser la desariotiQ~ Pnh tF~e R~ and R~5 zettas shall be submitttgl at itwst IQ ~ya~ior to the City Council heerina. Ca,napt 1'Isn: "Pha applicant has aubmittad a doncept plan wttti t'hia svbjeet attnexaGon• ,request (Sad l3xhibh C). SmtF is ga>yernlly suppttrSiva of tha ptopoaed.iand uses. oa the caticapt putt end rho grneral roadway layout. Althaµgh the City is apt specifically approving this plan for devolopmont, tha specitie• • acrd ptoP~ lend use,9, attnuld be inetuded within a Devalopmatt Agrraastmt (DA) fpr thia~roparty. N07Tu Thee is 13 3.8 aan!r pamal, just west of tha•proposed Alarsk•Cat Road oxtenalien„tltat,is ownad by tha Ra}II16h& and rat a 11ar1 OP tlla au>~eat erotaaation vaguest. Thag.3.t# acre parcel ie. apt tararoptly subjact• to anncxatiory or t6q land vsoa proplmoa'~ with. the subsaittad (;mtaept Platt. ' ~; An the attbmitt~ wncept ,pier, the appitoertt' fa ahcl'atiag the exttatsiotr of Black Cet Road across (:hittdda Doutavard, and to rite ttotth~ property lino. Staff is eupponiva of this seems to thutdon !?tottlavard. Tha ttpplleanhis ptopaabt8 e•sacond aocrsa to C!-inden Aaulavartd taxto8 half-~aaray bawtaxt 81aak Car Road end den Miler .Road. If this ttctapa is oo»atnttrted as a public street and aligns whk the public street approved in Bainbridge SubilCviaion to tine south, stela' is supportive of this access to C:hinden 13mUovard.'1`Ite applioant is propesing.a third aoewa to C}dndcn d3oulcvatd, located a few huadcod frost wust of tha propaaatl BJtxsk t;t3t Itged tsutenaiocl. StafF is not ~ tree Fans neuwa~im~ _ nz.os.oW r.1a>: to EXHIBIT D (CITY COUNCIL FINDINGS, CONCLUSIONS AND ORpER) DEVELOPMENT AGREEMENT--THE TREE FARM Page 42 of 78 • • CITY OP'M E1UDIAN PI.ANNINO 11F.PARTM£NT tiTApF RW'ORT' FOR Till? I IEARINQ AA'1'C OrJtlN6 6.200b suppattive df this eammetaial acaaae. Qa oan of • e DA fnr this. mrnlat,+v. staff ~ [.~, ertto this site from~lriadan t3aulaveril,~y resttibr tip section iinea end at the half mile 6dntr:~_m~aeetid~~~ tggyi(r~~r XiDG' 11-3}t.4~21±; Futtlter, slate reaommaems thht t>m two itoca9s ptdma dp tbb3 site tttam Chindan Birolavard ba atnstlttatal as pubUo ater~~attd' align with the existing or pre+tiaigly~ a)ipffived putikic streets oa rho south tdtle of (:hind~t 8aulevard, Blaalt Gat Raarl is desigr-ated as a tglntir arterial. AdevaEas w Blaejt Cat Road will ba evaluated ttgd• approved bY~ ills Ctify and ACI•tp a+hen this praporiy!elavelopa. ~e Although staff tiod ttet~raaotitramtd makLtg,i(,a pan tif~fhe DA7~§tal'1` rtooinmeteda that the applicant work with Sptawriog Stabdivlsion io the east to somohow provide stxx+nderylomtxgancy aetax's to ;1;putwing Way. lf•En emergency conrwation can be rmdo bal'ween tba eubjt~dt alto and Sptawing Way; staff beliwes thut'thie atiU,ba of gretit:bene)at to the enrergencY sstvica providers in illis area. ~j; Thcre are scvplsl under-davalopod pmt~ele adjataatt to, aad~rturtQundeci b}t, lhq aulijtxt ptopctty. Aa~ylct of the AA fat llldl'!Y~ smft.'recamvnattda that tlm m~1>i -~ nroaenyD[aVid6,~,~sj,~,atr.~~ac~s to t~ irll~e!s r~o rite east Ms ~I. lsatrEat Nq~_Jis~214A). want-fMeMullea. Pat~al Me. SOt121438.71m. lywvltea_Mownain Ye~y~ ~trel No SU421,~ SI~1 and Schwrnkfaldet• Piitaal No St)d~d~tI,281F1t)) aanh ,(7'~CQ'Qi~ -Pagel Na~4,aeud 1fif f9222447dt) sad' atnu. raiaal 50421417:AD),_and the anclava~~l~tabehl~~neal_Nst:_ 5Q421449QOD). When aria property develops. staff may recommuuj that additioetal awb aveets4rh provldetl to adjatxittt parcola. Hasco Lanni Basco Lane is a privare lane that atitTently provides aaaeas td several propatles in this sera. Basco lane euteently ltuattreeta .Chiadon:, $oulevapi 'approxirnatcly li of a mile west of Ten Mile Road slid eantlettu+s etbrtlt acxoas the Rhyllis Canal. Access to the TCfiD QNB, Ll.C propartiea• sa wall as the AJdapa prapania+ is ctavently provided from Basco Lana his unclean to staff Who hag an imorest in this lane Held she ,doss sot. A mryority, if Trot all of t3eseo l.antc from Chirx>art• 13oulavard ro thePhyllis Canal ie owned by Ml]C, I.LC. City Staff: has wntactad the Ada'Gpuary Assessors Offtee~aod Melanie,, Ada County Stag hng ~nAnmed that taxes for Patapla ~ alud'4 seo btsing neat to 4410 W. Qtipdcn Boulevard, MDC's gfYiiae. When tiro subjea•propcny de+ralapa, Ure Hato Iano atxca¢ to,t;h;nden• Boulevatd'should be abaadaaed. Aa rttetitiaaed ai the precious public heaving; tttaR' has. cala~rns over ad existing reau•iaion easemetu 4)Y~ 9aaoe I.arta bt 2i1A1 a caebitraion Weti i'ectiTdCtl ttiat limits any ei;pattsion bf Barn Lsar-e: Said iratriattaa states Uiat M17C eta fo not develop a publta mad alt the propaay that will•.atlix$s tbo pPOpmtY to the aarih'o~ this Phjrllia Cavtel (Aldapaj wGhotrt the express weilreDl oollagrtt of Atldtasatt esxl_ Thotuax. Aa of tNe prim deadliero for this report, statt'liaa mu soar aety wrtttea consent tYo)n elt[ia~'the Anderson or ties Thames pasty. StatT would 'llko iris ttppllaettt la elacify hate ih~s• rrcardad aasamettt will be tanniaa4ed, via to not peohfliit a futttra ptiblit; road•Erom being conatructod gmaerelly where z6e existing >Ba~O Lpv-a i9, Rather rtran ustttg Basco lane. Treekavan irRetula to provlda eacesa to the ~~Cl7.ONE. palest via a eolleator road smb on the'.eouth aide oethv TECO panel, in tbts.ltcneral slue of tko exladttg 1(<ssao lane (neza o4 at Ptuael4). Tp'remova-airy hap«linte~tts that tnny be in Tvaahavan'acontrol aa'octing ati~tn the Aldapa prupattyr Treehaven Tae Tree Pem~ MauatJm - A7: 00-004 PAGE ! 1 E~II~IBIT D (CITY COUNCIL FINDINGS, CONCLUSIONS AND ORDER) DEVELOPMENT AGREEMENT -THE TREE FARM Page ~3 of 78 a t7T11 OF MERtpIAN P1.AMJiNQ t]FPAATd?ENT S'[APF REI~Qt(T Fdd Tht; t1EARINO DATE Of JUtit: 6, 2~6 proposed to dodioata to,ACI,~t1 any'pdrGon of Parr) d tttsry• (br. ~ p~Jic rotcF, ones a •pobil: road [~ designed and ttppmved throw thtt • BGlch (north fiotn the proposed 7~ stub). Funhar, Treehavan 1a willie$ to gbit claim shy rigly, Title, or intanL•st dtoy away haverin !'steel 4 to 7Et^O. Aside from the question of who owns Pat+eel 4, thpro does opt sewn to be art agrootttetu botw~n 1'rxhavea sad 7'F.t;~O about who ahot(ld' actually earttattvci !ha cotieator road between the south side of the 1T~000 panel and tho,soudi aide of rite Phyliea Ganal. Tredtaven balioves drat tlroir proposal ro give TBt".A, dtrouRll AGED, enough proporry Per a oellecarr street, is their fsir pottiou- Staff is trot erica whet is equitable in llaie case, h appoars now drat Ttrehavon doda own property between 1'BCO and Aldepo. 71sis tneaaa that the TLrCD patoola do nor touch the Atdapt: PY~ T~hav~ does. l~owaver, it also apptata that Treehavea dges not have wLOUijhpropenyrosctually cottatntc! a'aollcrutr roadway through lheir,proparty Rd dte soutlr aide of tlw Pityliea. To t'ctntaly this, TEGO Itas.atatad to sla~:thal Utaywould be wiltirtQ ro givo 1'feshsvep euatrgfi property for s•aglIaoEm tighl•df~ay, ab long as 9'ieehitvan consttutta. the collector to the pAyliss. Than thtae la Qie question' irf who i~ respoasiblo for cosstructiott, of rite bridge access the Phyliss Csoal: Lliatacleallyr halF of a bridge oast i8 nxtdved frets each ut~aeald property earndr. S~'•doas iebommatd :that ono, apd anly. Otto, public atrod•atub Orotd thm moth bo provi&od,roa the Aldapa prapa]y. This tms6mniendation is•basad:on the diflledlry of @esile•'atid•aoats associated wdh a second [[[coat, which is itm naemsary for dta Aldape property to tiev$lop. SIa~' raaommerrila that the E:ottttniesioo rely oo atl pubffio teatinrony when tfiatemLioigg~ wltgt !s a felt. amt •equttable avtution to the, irriblia striae[ aoDeas question. ,Pt~ac aem Aavatapm6nt AanoRttant prrrviatona MI 1 sad f112 blow, ~~ 13xie1fee Uaea: There is an etciatittg wholesalo.uttrattry (tree firm) ,and tttrate shrgle- family Iratitea on ihia ails The tree farm, and ttna of the exiadttg Itotne~, is,anttmtly takigg awtos to f :hittdoa Iloulavard. The ettisting aiap~o-famtly homes are principally petmiltod .uaae in Iho propps~ zoning diattiota. I!ltaat~ids, m 1ltbatt $Attrts, however, require Condiliotte) Use petnLit approral !TM the laopottcd C•N zttrra t e t ie t s t oneratina n ja, ahhout CIJP ~ppfpval Nawever ptj r t e Citra F.n naerts ~jg~i fganl„(ltt@~atat on the suh~ed ntootitN+ rim nir~ sheulH~egpire~' to ebtein a Cmtitieate 6f 7,httP1~t~p (~~ perm en't d brip~lie alto inio ~mtRl~w41L all UDC ayes ndarda. Tit~e.atatrdarda Ituel»db, titusro uot•limlteti'io: pnrltirtg and drive 9lale improvmnanta, p-ng rmprevamdnta, tekirig aeert.8lYoto Chinden Bwletatd at ute h mile location, and aomplfitttcQ dvlth'sign~egLrl'atietts. Staff reeornmatda this prbviaion be inalnded as part v!`1hoDA for [iris, alia UDC 11-S1i•3D2 end Idaho Coda, § 65-6711A protrWes eha Ciry dire aythartty ro rlttluire a property ttwnar to.aatar (rto a Devetoptttegt AgLeament (DA) whit the Ciry 'drat may trquitt: bbvme wdttonootnmittuetu for alt tiUttte tutee. Staff believes chat adDltt la necttssery kl tawrtre that this property is devalaped ~ a fesitlen that la eottsisetatt with tha oompreltottSivo plat[ designations sad dons trot ttegatiwt:ty impact ncArby ptnpcrtics, Prior to the annatcalion osdinanie approvals a pavabproozii Agicetrient (DA).slwll be enterrw! Into b~wean the City ofMeadiaa, propartyr ow.aer(a) (at the dtne of annexation ordLtartea adoption), and the dayeloper. ~,e seal cant shalLFg~iatt rho City Attomav..Eilll~+jtY3+a at~3 4o utlt3ilLe.thia•,Staf#~tecommaads UtaL The Trod Farm Anrtriyttfa>F - AZ;06•W/9 Pr4Gt3 12, F.xHIHIT D (Crr~r COUNCB. F[rmnvc8, CONCLUSIONS AND ORDER) DEVELOPMENT AGREEMENT -THE TREE FARM Page a4 of 78 • gym' OF M ~RIDIATI P1.aN-NtNt) DEI'attTMEAIT.tiTAFF tt'PI'ORT PQR TMB H6aWN0 Dam t]FJ,UNF._a, 21108 Nu Ctmuttisafan atr6 Cotttuil dirxct thc'City's Lagai ~Otttpattrttcrit tt- draft i, developntattt agteetitatat•for~ The Try tatm as foUtrixB: 1. That alJ tbtttns drrvelopntent abaU ntn• Jv~lvo usos, trdtivitios. ptlacasSCa, mator)als. oquipma+v. and condititma~of opmation that wil)•6o deifiYllgntal to. any pbraona, property er the. general walfara by ttratfon of exeesaivl: prodttcliart of UalEc, noise, sflteloe, . glero trr odors: 2. That all funne development of the subjeat.ptropmty shall 6e consistent wtiih the applivattCs eoutciopruai plan un[ees tNlterwise ruodiil~ by •Itther prov[sigrta o~tbc DA. 3. Ttrat all t4tttrc development of the aidijoot property shall 6e cona~tructa! in atxtordance whh 'Cky of Mctitiiazt ludlt>sncea is effiBat to tlte' lima of development. 4. That -the fltturc uses •end late 'tm IJtis aids shell eonfotm to tl-o. DL~riat Reguldtiotta and Allaived Uses cataain6d in the•Unlfied' D'evcloptaeat Cede (UDC), to e$ltst et the littia of ddvalaptiterit. 3. That the itpplitaut! will be msponatble for all ct-sts associated wish the solver and wtitar stsrvibe or;tegsion, that are customary ;with City policies 6. Savvar arrrvico to tltia properly shall be via gravity mgana to the Neut1t.61ac1F Cat Trurtk. 71te City of Mertdien does net guaranlae Reeser service in the timelitroa outlined irr•~the tIDC. No inleritn or ttmporaty Itii. statiana shall be. allowed. 7. That arty etdath-8 domestic'welts arid/or septic systems within tltia project wiU Nava to bo romoixd from their ddrnesdc tu~viac, pat City >Ordina>M:c Seatitsn, 5.7-517, when servlttea dce available from the ;City oJi Meridlan• Weli4 may 6a used for non•dotttttatic ptaposea such as:landscapo irrigation 6, That pHOr to Ltsuaace oP any bulhiing petrdir, tbs, erlbi~t, Prouty he subtitvlddd to arxordartce with too City of Mrridltitr~tJaiffed Development Coda. 9. 't'hat when a flaal plat rearorda on this property, !W diracr lot' AOCesr: •CO t ;'fiiaden Boulevard w,ll Ise allowed oa this aitG i~t wltmt this property 'dovelaps,.the Basco gene acccta to Ghiadwt Aoulevttrd will be a6end'oned; that' boasts' to this site from Chittthm 6palevaud will •be ;restricted to, the section Itne roads sad hal£ milo tmcweea asoiiona•only; t!>at flto two future. tie~dts.point w tbia site tram t~tiodea 1lforrbtrecd be~,~utrue~ ea pu61lc $1~~ los~t al~grt wfdt the altisting ~ approved ptt6)io:atr4ets onthe south aisle O Et1 1)C1YlttVatd~ 8114 that tatid public straoDs l3P OPt18i<'.liCtCd In aceordance whh••tbo adopted Noah M.lxridiats Auto Cirlsultitiots Map bi- the Cotnprgbeesive Plan. 10. That at attolt tlme.as plats arul uses are ptgposed, at;ea88 W Blnirk Cat Road erttauded trbel[ ba subleat'to approve! by the City 'and tho Ttartaporiattlut Amhokiry. 11. Thai whm tltis•propdrty'davelops aii)aeem to ttstd of the paoeda Pubi~ below, tho ttpptiaant'tigreeti tos provide public atteet-acrosa ao the east (I;esitccl,'Parcel No. R9323li30f9o), wart (McMulltnt, Ptlttxl Nd. 30421498700,, Ouryhee Motsatain Vmmfrc~a. parcel No. SQ4a139660,strtd Sebvverilifeldar, Par+~el•Na. StM21428100), notlh -CrF.CO ONE pereel Nos. Sb42$4x796fi and 30422294700 and (5rmc, Parser! 80921417200), and tits enclare .parcel •(ZSebahl, Patera! No. 50421i14it000). The eruct location of tho public stub attroet(s) to the TECO 4NE parcels shall be daermitted by the City and llio Trantlportatioa AWhotity whh too pteli'tnbraty Plat(e) tYu+t abut the T>~GO The Tres Faun Annastbn • AZ 06~t1d- Pat3Et,3 EXHIBIT D (CITY COUNCIL FINDINGSr CONCLUSIONS AND ORDER) DEVELOPMENT AGREEMENT -THE TREE FARM Page 45 of 78 t91Y•OF A1FiRlQtAN Pl.gNhI1N0 O$P/NR77dtiM'STAFF {tF.PQRT FAR 7N$ HEARlNO 9A'!`61~F IUN,$ L, 2trp6 01VIi'part:ela. Once apubli~. goad is designed and apprvrcd•tliroughche gplch (gottmttlly w![arc the aaistitig Baaao Iona is), MRG awes !o dediwtc to ACt1D aay additional ponton of preperty ACHD=dtxgatr`6txcssatp h1 Part:cls 1.39, as'shown'in Gdn'bit l:. to allow far and ta•ba.inccrpotnted ULLo a public tYglit~lP war ditwa ao the Pbylfi9 Canal. 12. ltitst additional stub struts to a~aoaRt propantlas maX be icquirodas pan of prelintittary plat apptat+al, ettcapt {o lha norti>_ Tipwcva, iF<the~current Ansoo YAno can not ba used as a public atttet to ere~sa• the 'pbyiiss Canal (see provision ! t above), the City may ttegttva ane additiautl stub .Prottt this prvptttty to the north (Aldape prttpmty, pttttud ti30422212513),.at the wattart bautttlety of the western 7'ECA UAIP parcel. Thn exact loasticat•arul equitable portion (ittcinding •right-o[ way aed' eonsuatot{ony of•Iha subjoat potnalial public•atreat slmR ba dmendried by the Trattsporttrilon Authority. 1 ]. Tlrat• the existing tree' farm (mrrsary) attic tptlatLtg single-family homes nn this •sita bts allolved to wtttitate, theirs txtmaN uses; that prior'w• iasuancx of the first building ptstmit tm the aubjtsot,propttrty, the AurBCtY altouid b>: raluircd to,obtaiio a Carli fleece of Toning CantplIatteo G~ pttrtrtir and Iirittg iht: site. Otto eompliauco•whit all UTiC statadatds~ acid that thelse tanndatds include, bul are ttol ijntited to: lsarldpg and drJes. aisle Igiltto~emedts, aandacaping improwetnwNsrtefcing.eoeesa Pram •Clthtdan 8adtevard et the ~. miJa Location, :snd •eamplia~rce with sign t§egtrlatiems. N4fE: If .dy existing, structures enervaclt into any ;tittttt+e ttxltiirod lwrodaeape'btrffor, Pliny •maX bc. allowr~.t'o ranrairt with ApatndtivaCompliartaa approval. 4. That all landsenpe strut IiuI1'era and Ititud tree bu@bra will be ooriatrttaad• in actw~danan with Ilrc UDC pmviatena in etTeel.at the time o~elevelopnio+nt. I5. Thal atl amnlguous property wuratdJy owned by MDC, I.LC'is.part of rho auhjoct annexation applicatiwt, ittclttding Pateele 1, Z, 3, & 5 as sRc+wn in Exhibit E. Tluu a new 1ey,a1 dwalptlon, that Inoogrorutes the above-listed parcels, ahetl bu submltteti w the planning 1~pwttncttt .prior to the noxt pubUc httarittg. 18. That 1'iaehargNMIX: and all re[atcd ettuties shall gait claim arty right, circa, or iotere~ tFtay Wray have in Panxl A of Exhibit L• to'fECX7 QNE. 13. FX1I'18ITS A. Leg$1 pcsariptiona B: Roquired Bircdirtga Ittirn UnlCtod Develbprnettt Code Ttt61'rott Finn AnnCtfAltYn •- 11Z•OOA04 'ryAOt; t9 EXHIHYT D (CITY COUNCIL Fnwnvcs, CONCLUSIONS AND ORDER) DEVELOPMENT AGREEMENT--THE TREE FARM Page 46 of 78 GTY OF IiAF.ItIDIAN PtANNINO DEYARTdNIII~PPSTAFP REAORT FOR TH8 HRkRlWC1 BATE OF IUNI:~r, 2006 G. Conceyl Plan 'I7 Ada Co-uuy Assessor's ChvcuaQShip M@p. ~. Ltrdatcd Ownership M®p 7ha 7roe Fa+m Ante+tan - At-06-004 rACe~ -s EX~IDIT D (Cir'st Cou1vCn. Fnvnnvcs, CONCLUSIONS axD ORnEa) DEVELOFMENT AGREEMENT - T~ TREE FARM Page 47 of 78 CItY qt' MERIDIAN !'LANNINQ DI'.PA27MFN'rS'rAFF'RL~ORT FQR'rl{B NF.ARIN4•RAI~ Of••FEDRUnttY 2. X006 Fs4(bk A'=~.egal Doscript~oas ^ w~~ -t E7tFI0tIT A A ^ ~.- Y ANNEXATION ~nderd6n SurnaP 6mup.ec6 - A ptrtxt of rand slWated h 8aclson 2Z, TaMazhip a Noah. Rrrgr 1 JAfist at rtW gotta Marwien, Ada Counq.Ida+ro.1~ /note pally 4eewihed astoaipw Ganmentinp a Bts sa,uram a sas8rn aa. sdd pelltt elamad by an /Jig11b1YM Cap, a-~ Uie 801Ati Ulia er Nb 8!'~.ItOP ?~. A4t111 1T38' W1f96 rp9s.61 lest tt p+a true ndN at ~IeuNnE: upna. aonlYpMnn ~av spAh lti+. d cold 3ee0on 2Z. Nt10i 88"179A' Wort a dls0anre a 1383.ti2 teal- 6blxe atuAiYrbig WaNr 89'17.'08' wetl o dkbam at 2AIT:ta f~ b tna tmrael eotnmori q t3Ee1BM 21.23, 27 end d8: tbelwe rbrq the 9eu11 Ifno d tafd 9pt6an 2t Narpi 09'24Iti' Ylet1 a dhterme or q~7.st feel, 8wllaa tead40 sdd 8ori0{,14is Nc4tr o0~2'60.6et1 • oltterlra Jlt 21190.08 taer b a tiara on Ne eau01 hstrk-a•0s RhyNa Canal; 7heata abig ate 8tu8- 6a~ thB k8pwet(1 l9) oaYlia6 atld diatenat~-NoAI{ 80°339A• Eep o dhMriaa d 4tit.~ rod: 8t0rree Noah 80o40b0' Batt s dblanaeot'~1.A3.raaety~r~ 6aWlr rlO'911f9'.Wmtti dmwrira df ae.a6 h1e1: arena NeNI ~~46ro4.• Sane ~eHqua 8T'OS1 ae tees uieeoe Nam »•9792 Gar a iNtW+aa a 74aa4 (ear: rnaoe 9ew+ oo•ss9a• w.tl.. d~lenaa a eao tea: NOf0i 78!2191• t?ad as9awrta a 34ti.OB aaC clams So1r6194~O'84' 6aet•e dIaltll{ipar tos.Ob reel; rrra~ loath 6o•r1'4s• Errs. i4a:ea reef; plaroe Itettrlg takl SoWb Alle t3e{rtlt 0a'2a'19• Watt c ttklalee a aB4a1 taefi awsia t1aAh 6a'~S• Eatl a dlgrriwor 777.64 teal b. a pdnl beNy (r10na nlae.irrd st rty}t4 anWea b) 39O.pD M! aitstael can the Wsswrhl8ee e! ere 6adMa61 df seM tlar8an Z2: 8W11Ra tYUr9 a krNlJrtaB Oe/eDel whti tnd 330.00 rte db4et•rrom saw Wata6lty ire; NarN oa`30m" 6rN r iliersnce of 64.68 rtat; 0wilre 8eoltt 48'7498' Feet~a dttanee~el.i6J17 raet;111011oR OQ.:'.: Weal: 00.40 teal: BrWltia•t90atlt89,'91'27• Foal a dtetense or 160.711 ~., ~ •! •. 47•Za'08' ~ e dlrelaaa or 249.x2 tea0 0ienee Nbq{'~O''283t• F~ o y •1¢1.Oa . tact b e pdit- on the sar6r bartlt n4 Uie Pti7~s Carol: e,elaa o s~ bank 01e' rollaw419 fear (4) tbureea:a4 dbtailals: 9cWh 88'7846 Ep1 {I ~hda' 01 ~i07 taaC• rheum NaNt 85`28'2 t?J1sf o raaalroa~ 390.95 task 9r!)~e Ne6h 79'44'86• Eyl'a •d1a1H1iCe d dB7.t8•keC plehoe Fkrltl78.88'Yt' Past a d1N of o91.9d few m r poh+r•an tna rioot ans•a east 6sc0on ~. tht+w'almg eaM.Eeet 8ollilp6.2g9A••W.at s dkrarwa W 400-03 teet-lo 1h0 East ~4~i' ooroer ¢t dew (3retion,~~ya.'oNkE lxfrg distsnpa of 191f~.B7 t~aet W a P~+t ~ e 6/8~.', !abet; tMnw fop t1~1~Wst ~A North 88.184' Weal • ildirnadf 9Y9t.Z7 fart tp•e pdnl marked x1811 a L+'0'ralai: llierpS~e 8euui 00~6na• weate dktarlte d t3taJe7 (at(Iq'thr' wet(d otQriirnNaF, BXt~PTiN6 71~ReFROM o petrol awamsn~igi al 1ho Betdheasr oprl8f'a s-aeuon aY ; lald 11oLtr be1nA rigkrd 0Y an'aMrrtblYm rap, •Irw11Ga Ilortlr 00'187T. Opel B Batawe oP 814.09 feet tD lhb t'/lla P01rt{ Ot 949tm1~• rlallaa NOi0i d41o90' Ylratl a dNOau«7a'ot' 137.11 teat: Cwnw NaM 1~'2a'3a• blast a or 198.83 /sot lleenoe M~p183'O.4;00' West o dlrtolwe d /8748 taaC Ihaete 8qu0i 81••2OD0• woof a dtafaga~e ~(' Y~.6~' keC D+arroa 1lnrer' OM99'3tP 6ea- a dWenoa d 248.dB taC 0laler Naf01 78'31'00 EPeI e tlltltsisa a 109.70 riot 0iaiw Nu•Ih 87'29'QO' earl6 dtelallm a, t0a.8p leaf. Dioeee Parr,Ul ea•3s'oo' Hstil a d<emlr+m d 987.E ~ (tarsatEl Nagar Bti'92'3~ ~7 d0.leate d 957.88 raetY, dunce Bath 0p•tt19@• Wiaat o dr'a 498.89 feN b fhb Pbret~ Am•asatlan Aaroataoirtrlne 3SO$lamea,MOrc a lase ~~ t ~ •~ Jti l.euuUp~t.., JYIN ~b/tt / t01.111.1Si{ • * +r. Mot rii' P.rhtlrir w ~Pag4 I EXHIBIT D (CrrY CovtvC T~ ~E FNARM Gnu~a) p~ 4$ of 78 DEVEI,pPMENT AGREE 4Y'IY OF bir:Rlt)fAN PLA1+rNINA pl?PARTMENT5TAPF QEP08T F6~ THE Il$Altlx$ gA1tr OP h{A1tCt•12, 2ti06 ~~~ laderspo Saweq GI ppp rpq~' EXMtBITA P CEl7 ZQN R•1B ~9d Des~on A penla4ol lard 911W1ed In•ihe t90uth Hal!-d ~~ ~ To~~ 4 WarllL fteriye y West of the eotae t~rerldran~ Ada cock. Idaho, Neleq: ante t~dautadr as fouerr: Commenrjn9 al Urobaowfteeat autaa efesld-sasaon 2a, eatd oelnt bwgp,mar8ed 8'77 98YYea ,11 ~ .e1 ~ I~ ~ rn eP a af~egJnalr~l.e 22: Noruc Then09 eanfnulr~ abno aaltJ BovN One, harsh 89.17'39' WON,'13133.a2 Ceet Uto Southoasl cwnm of the 8outhoaot Qllatlgr of SdW BeaUan xt; f1>aaea 0al~nlllna akng eetd Booth 0M, North 89.17'08' Wat. 60.08 feel I9 a pppo~~~ BteIICChtavln0 aaSd South nne, hlptth 00"42'Bt• Eebt, 181.0.1 feet b pplnt; Ulalt~l9~g a arrve la I¢e r(ght have a rad)td of 7t~.00 feel, en am laltplh or 403.J7 foal eri~ 1luouph e aeNrat enpb ~f'91.00'88", wit~l'a chard petillnp Of North !7'13'x" E98t, a save • o~lhe~le8 hav9~ d ~tel9ue of 800.pd feel, an am br~~ ed ~,qj 1pd, through s osmrel ~ of'93'90 Z8 , w~l+ a Shad be®Mng NoAh 16'8B'9b' East. a chord dWanq Dt Z8q.Z8.tost a s palm:, ihertoe NoM 88.69'x0' Lail 143.tt raet~ a a poll+l of amerute: lhenpe aanp a awe to.tfte IpR. hedap a tad4,s e( 460.00 ~We1, an ero b~ o! 811.04 feetil, (llau9h a OatKidi ~ of 88.28'68', wllh.e chord bea-bre NpM 64•de'p0" Esit: a ehaipi dratarge d 488:84 •haet a A potnl of reYalyla ctaYaltlffl.' Ihetioe 0~ a alYO b 6+o,dp14, taorirrg a radhls.of 8110.00 lea, an atlp dlalarlos of 848.50 foal. Sxough a aenlrol erlgie d 9a•aq'83". paint; Uretloe N~oill~8~j+04.~1 ~8EA7~. tee ~polt+~ tlleltoe~ Eao4 355.08' fee! b a t>~ thttlma Stoldtl 00'28'08" West, 1915.67 heal 1a a potnl, the Ptrlrlt 01f Bsptrlnillx. ~~ !~~ }~lekthp 55.18-tteraa more d less. 15c+d sfesadpagr, projoct No. 08138 Uepemtlerg4.2a08 ~'°~"~ b ~I~~ 3~ ~ ~,' K!t Yu. u•o•. l._ ••Ir0/I. U~111./1!ilN2 N~: ~VG e »e.iu ul~ .. . F~hthil A -Page Z EXHIBIT D (CITY COVNCII. FINDINGS, CONCLUSIONS AND ORDER) DEVELOPMENT AGREEMENT -THE TREE FARM Page 49 of 78 CITY t>R MF.RI QIAN P1.AN1dt1VC DEPAB7/l8N1' STAPP R6POkPF Ptnl TH8 t1WRiN0 RATE OP MAa.CH as 2a08 ~~~ tadot-aa;uloe~t btotlp.l:ou~ t:xwerr A pAttc~, a 2RNEp R~Z Llpat Oea~l A.parttit of land dhla4ea M BeWlsrl.'Ja. Towl+ahlp 4 N 1 1N6W d ih9 601ie Miarldlm.,Atia Cbttnly, Idallb~ ballta {Igor. patacdtuty 6a~taroals Gommts+drlp et tt{p souo{eaet tlDrtlC or aetd ttocdon ell-d aialtlld b/, en alianlAUm nlp+aa oMmo the $oup-ISnB al aNd Beooon.a~°,~iVaOt' 8Br'tt'~' waata Trd Ibis P~dl~fi~ag16 p~ ~Nealt0h100`i4'oe' peat tis dytwrord+3'1a81 teefw ue. dPafarpB.d 2 8~.b~~f0~d N a tl~ at m~iva N~t~ero0~,f~ ~N ~Br ~10'~E~ a refills d ~.001ea1, an eao tenDth d X288 faM and avwg~ r ealYret allato oI ~ ~~ol p e airw3 b4~i r~AI GaaWtp~ef~ 18 fae an~aro Iertplh d 38S.B3 lost mtd tllrpph a otoWal srgb o19Ei'17~', ttA01 a 7d1oM baaihip WoN! d~0708' tEaii a pfetmms d ~.8t feel: Otenos tawm ~t"7~lJ8'-rtr:a o of sn.aa teat to • poklt eX aww; Ihsemo sW+y s 1%aYe b ttls ttltT a KAYS of 200.00 taN, M ao (itllaal d 18?.T81eoi efq aae{/ptl a oe11W telgla d BZ'E1'~8', vAq-a~ ronteuwy ala~tsraolaaree, mora er lase. I ~ a 1~• ~e 3!r 1. 11unHYn Il . • a0u { -apHlp l1 laHt I r011/1~iN1 " BahitrL A -'Raga ~A~y 1J~.LI,v ~r . ~/ r 73.14- I~ - 4.k.11'f ar` ~y~:.~ E~BIT D (CrrY CO[TlVCIL FIN~1N T/ CoN~E ~NA~ ORn~g) page 50 of 78 DEVELOPMENT AGREEMENT i~1~L+ CITY CP brHRlAI/-N PLANRINti pp+Ala`iMEN'r STnFP REJ'OR'j" FORTHH HFAi~ O/cT[: ~iP {d ARCH $ 24~ Fa'ltmrr" dadelspn.>atre~6ipapl.aa !'ape 1 of 7 PARQa4 3 uust~a'xB ~y,pippH.d nf~land A4watd h+9aaitm i2. f0oaysi,IPa NArdt,llArlp 1 Wal nfilte Hotw MaidiAtt Adt 4oartq tdrho, lkit~tnRa-{wtlontnly de+a~Atl a fopnlr: Cmltfiaria@ m .14f &wt6wst cwnAr ~+f an`tl. Amhrt 12: Oaonla +Mng IDa Scup/ Utce•of atd 9adkA, SgAIA 90'!7'30" W&n • diaWtanvf 1.*43:B14tAratimrrw a+tDiwirj abp$SAr1A I.ina of iihl Seet11W ii, lade W'17'30" It+wto aSenhee at 1?37.02 feet W a prdW:17to4~e crttbatlaD •Narlh B0'l7'a0' tYeaO i diRaooe rr 2ti19.1p•ta4: dv dw ruutue enAAtw4 to SAdbpq DI: fi• 17 .Atrl ipt tlteaetr aieap ptv sarri Wto oL aW 3'scthtq 21 I+LrIh 64r21'Ab" Vka 4 dtalr4'e of 1707.31 ~ IheeaD k'AVigi aAle tVeAlb wm Sbr0+06•i: 30" 1pp a .tf AS9 Tp feAl to llw 7'3UI6!'t1UrTU>: BSCI3WINGi 'fheAty NwW tiMi:'46° l:ut ~ dAuA. bf tl7Va0 Pop to a pAlm,a lMe perQt honk +tr rhv fltTpb I;algl: 'iftarxa rle4g 4W Sautr ttaalc ar wlbwtnp (O) iotraa aa1 d64ateea: PAntb 60'33'70" F3p a dtaLws wr444.7~3 rep: rbabrNailb alrittrop- Psw. dlWare~t0l1:43 Dnl; theme Aorth Dh•31't1b' War a dhnraeo ofaP.67 rAA4 rhmoe wM p4•Id'W 13At a dtataoea .d 4lt.la r~ ther+ee svnrm T47T•3T' Rm n tit raa: IL.atee Seib .I•lorrr ~Fqqaa,~ auua fwu :o .pour .+f amwnwR titAnee 4tayt o yne A+ dlc ripA~ Iwvheyt a rAd'we or id1,0p Q,el. w Arc ta+pth AI' yh00 fad O.J (?1fPrjl+ a ~n(a1 art6k ar i7!tIN17': vtdl • dttad haarhtg tira{h n7"73.74" f7aat, s ehra0 dhaanw ar if I4 fCM m e Para: pla+iw RtaWuD-13'03' Yljw. 217.43 req to e•pabl; utaaa! etonp a craw In iAe Hphl, In°iap a tA+fiuA of 77;ptIQ lbii, an ara dh0aArA of 17lA1 ftq ®d lbamtph ~ te.ir4l4+M1e ut439S•39"..vkA A guard f 9nagC ICJ I'Q3" F,AAt. a chard ddlrAaa ar 3G) u1 tea b a Ptha at rettrsc argghrtF pe,taA ewrvA ta,wA ICA, IwAlap A ndfaa Of i3ROb roar, w ae t~46rea ar"ttl1.16 fit aaa~i~•warrsPrapld~or 43°p7'!1", wpt s Atwd baadOS 9uaA ~pt7'OI" rtAw a t91ard dkt4trverlpl.77•ra0lo a PakDi ' Ittettt pandl S'iWb'33" F!s>t, D9.63 res W rryoin! tdavn4rco: Rns+eo 4I.~ 4 agave le tpa lafl. hA•in6 s .e8k+4 or 400.41 Iha Amara dL~nro ~d NIa.tR ral Aui {~f~ a s~vAl.aupta of iB°Ca'46", atdi a elwed batlep Hot14y8`39542' 11W,.o e4wd tlhlAa4p rffOC.70 kol k A~yriUd: Ihetrco tloap p•arrya b the eipla Uavlag.l rltlfrr of $VAD htl geld Ifialib M eg~l ai~o or T7T,0a Ibet ~o'r [oldi ~h 00';W~0.m-,~a 64•AS ~.prra:~tdeaaA &suth a2•la'34• tea. 1&67 Qrb a a P~ 7hmca Swrh Op'!d'7t Vtroi, p03Ptm ro a pdi+rti Thettoe Swag pb°31'37" 1~q, tpOfie rra to . rehd: ;fl,an0 8atlllt•4Tii$F' l1itM, 940 +s raa ui . Petal: Utmw 7iW18 tp!'i1'it• Siaal. 431s6 fwl to a IttdNS TOalal9Arapt tlY°i~'Sp" liaw 'i}i1.01 teat •u . pt+3ta: lA~oa 77!rt6 pi'711'A4" 6aa, 7.7~ ibel as •a Mdn4' Nalloa •MOni 73°N'.1d" f'a+t, 4A7J8 lm1 tr'a pain: 71aba tQat0r T!>r'Sp'OT- tAW+ 39I,1•v Wlt b • point' tlrace'Snulh t 17Y/'Sri~ 14atG'Bf+~i fort w ~ prtal.traatrstrrt.•tfiataa ak4g a am+c to p+a tight, ha•la{t A IadNt tlr 900,OD tmr, an ma SfslAace 1~7A•.kd gad paapllr ~ }'AattAl.+Atgle aY 33.21'_4`. ps+layt a ahwd hmhtp•$~ r3'OS'1T`War, a ohnd rp>:9ooe of 17!.47 RN to a paaui ihltlCO SwNN 91.1]'36" Ylaal, 31T.00 fad fa. phita M'lall~ife: ~ abAp a ~jte Ip the II:0. ltrvlnp a ndiw of 310.06 Gml aA arc Otrarroo of J33.67 Ra q1d duaop6 A IaWrAI Aagb YF79'i9'77•.whhaCHAr4lrrAtttl3i~Ma7171"fl(~•Qa~N'6/T.te~gpld~RlAIfCOOt ~.WLAk/1 L~1. , ~t 731.1 r, .q / 3 ~oR} N. A91~C 1}) I t11a/KVei IM1.- ~• /ilt° 1 Ae+Utaa. 1. ell°3 ~ 7pa 4n nM pathitrit A-Papa ~ AO E~$IT D (CITY CUUN~, F~pINGS, CONCI.Ub70NS AND ORDER) p~~ $1 of 78 DEVELOPMENT AGREEMENT - T~ TAE FARM LJ u C11'ir OF MRdtIDiAN PLANNINQ pEPARTM6srf STAFF REI'lMT PORT11& NB/1RINp DATE'pF MARC112.300b ~~~ • Fsa ~ ar2 -.. , .__... Pe}tcd3.3 Aadelso8ftdrel6lallywu '. zaNt~7 8d )it t r.u.nur 1°. tdt. 1, enNt.° to aaur r.7H lea l/14 l=afalbit A- Paga S 3'1931 fan W a'jp{art of ttansaa-etevature; therree sbatg s aan~o b Ure rlgat.~:Navtng r ra6ius,aP300.00 81x1, u ran rllateatK of 302.88, fail sad Ihrooeb ^•oWtt91 atgln df 38.27'39"• pout s dfwd aasfing Soteh 91°41`41° Wd/° o eltotd tiwelnx of 19at8 foot ta'• pftint; tbenea 6bylh ~°!7'fi14" \Vea.39&'tt feel In a ptdM oldaviattf; Ihanre elbhg a rzgve ru 16tr IaR, hgtvtag a rerllus of auptt0 Test, oat stv dGasew of Sai.bO lea acid UwuSis a eerrlta) srt~e of ~"DO'33". pith . c7>'aa 1laefip8 8eft~ 41~1'4$"'SVofl. a rhand dislamt:e of 533.09 8rt lair point of raecrae oavatoao: Ilte;m ttloag a acne to Uw Beta, having P fa)Ittis of ASD.00'(ua, YI me dmm~ o- S Ia00 feq nab Un1iu81r n tatgvl mgde of OS%6`58", adds g abnrd bdatied Sowlt S4°I6'O1r• wMt ^ a1wPa1, diabetan of 4$6.54 felt: W+ a prdm; dtmtae 3oudt 86°59'39" Wtad, 2.43.11 Rata • point; Ilaalta okatg w attrvo rv Uta loft, htrcayl a tadins afSt10 flat. m1 utte disanoe of ~:0y.ksl end.uaaoggir e ~cattirsl an66is ef03°Ni'I 2". °d14 n a~~ad 6aarMq N.aatb gl°~'CS° We01~ a daon{'distaiux of 29.99 ftatt le a paint: Ibaarre Netlh W° 11.49" Waft a dl-ieum of 73•'74 fan! tp'a peinl of uun'tgtme: Uaoruv along a wrae to Urv 4,f1. luvfnd. a rallies of IWAD felt. ^rr sre di>rtan4a vP 156,88 Cad and Ihtaugh a cmual ~8w of 44°58'37", diUl a 14iittil bra11rr8 Na16 ?5.41.03" W9AL a ahotd dau4teo of 152$y f4q to• A pobu; tlgaeo Natt4 48°0971" Waal, 191.87 Rat m s print of 1uNatasU; tlbute alep6 o calve to Iho I+ttt, lavln8 0 ttttpas of 336.00 ko4 vA aae Ihlgllr rJ 16121 ft41 anal lhplugti a Oo~tl mlglb of 73°03~W I'. wUh a t3tdal beating North 84°40'St" wen, a dtotd tl6tleltao rJ o54.b9 fad la a poielt laeasa Naam 5$•47'511'- War. 507.91 fW to a pf1iM ol:taevartko; l6avree eloaag e ryttvo m the Nyla, havltr8 s r°diaa r$12Dtr.Btt Pea, uW oo d4Mwaoe aP 949.7T fe8t irxl dalwgh a ceaulsl tutpie of 4S+~p'441', malt . dtard baeriag 8oula• 83°28'oN' Wcat• ^ dtaral dfolfmx of 923.13 foot to o rolru; IhcarCe Matta 75°51'55' qim P f8uanaa of N11.78 feet; Ihatlae NarOi Da•1671a° 6.at . dhaenaa of 48,1.01) Ord; urewa 9.nrlu 86°!6'00° Wen a dlvtaufv u;f 35/.39 feint (lbtmatr 3oula.$e~b'94" wrad a 8btenraaf it).v$ foal; taaa~ Fehdr 67°23'00` Weal a i~Isteso aA 100.89 teb~ Utaaae 8oa1A 7v"] 1'U0" west . dlHaua of t W.3n Paa: thaeca Noatb fAM53'30' w«t o dlelpaf+c of .145.4$ fsa: dtmrab North lt141iYs1' 13faa a atbtanon aP 136.89 itat; theaac &wah •K3y81'u0" pool o daaanee oP 187.SR feee thmtce STa14t 38"26'30` 0aea a drddnaea of 138.63 I'wk dtetae •8aldla a4•lu't8w riasl a tus»taae of 78.15 Rai; 1tr®~.Nanh 7S°51'38" \1/m11.7b4.~,9 Afar; W f grlnl of wrvslate; lhalwa daag ,a verve lb Ilan kA• salving s tedtas aF738,8Q del, m are ka811t of 411.71 feel Nd taut a eotatal snglgaf a3°1=.•sa'. wita a daui- emtie8 ttaath 81•vl•SS^ ww, a dmat aiaasm df416.arraa to a 1lydat: Uttanae 8eugt 71'33'74" Wt'at, 35227 font v. s Pida-uf taavelare; Raeoe alrutrf a CUIVp 01 the 118111. laving s radius of 58tGa0 fm, an mo di.510m+ al• 13.x.0'6 does fad tlaaagll n otmalrel angle at )7°a8'o8"• vrtlh a clutrtl haarar! Aatga 80°48'18" Wasf. o chaN dlaWaw of -34.44 fats W e pains: Iitmrca 6omh 8~"af'32" West a Alalaaee•air IQSO4 Pixt Mr s IK'ia4 the 9olns of Ilejthaa.& r' r 'r Sadpvtala°dnia(oy167A3sa°i,imnrYlap. ~ r,~. $ . l;lld' ti aJ3~ ~ ~i SIT D (CITY COUNCn• F~IN~+ ~%dN~'U9IONS AND ORDER) page 52 of 7A DEVELOPMENT AGREEMENT -TAE ~E FARM ~~ CF7Y OF MERIDIAN PLANNING t~"AR'r'Mr'dVT ETAFP RtPOttY ITOR'IHG' NE~1Ni}VO GATE Of' MAl1Cli ].. 2006 '~~~© 1Alarsuo 5e19ej Graup eme F.XFIt91T'A' PARC6l. 4 Zdt~IED R?R L.opel Deealptran A ga-aN of ie1W a1f+~M0 h Bealbn $,.TmxnaNP 4 Nm61. e S Wew d IUe 6Ciu9 /deddlan. Aps ~if• kfalw, ~ 1rq-e pa.+oavbeY ~ Mforr: Conona~np at 61e sawlaaat'aemer of,eakl eeepon ?a, Bale oa11i pig AterreA an elYelhNlrn seR~ tiuan~& ebng litd Solna &1e,a1 said 8aoitm 9x. plorel 9p'1T9~' WBSt. t2va.e1 roar, ttte~ ooroira~n8 eta>o 8iltnh L~he or.tie 8iplon ~. Noral O~1T~8• Weal o di6191me d 1?69.82 raW; Otenq 1~q~ 96'1711~West.ica'Igtelme~at 2a47.7~9 leel to the aarlat oalaron so.8erb, 7d. X78 end 7$ flm~'nenB oie eaulh Ana o1 said 8eelfon ?I Noru-~°~a <8.1~aet a dielalles d !>iOT.lFI h1eC chelme leaving ede Sou61 I41a NarIF Oa 22'66' Easr a dbW~ce o12090.a8'~Bl W i~Cr*d an Iho Sauth ¢arlc er st+e Plgtija Canak ebelp asld BodU. 8adt 0a IoAorlnO tsS aaesea and aitsianos•: NaM 80'a9'~`'Ea6t ~ dbtepee ar 49a~ test; ~ NaAff ~ aatia- Baal ^ awe. or ast.as u~st:lhenEersollih oo~ttfe• weal a ate of '~.~ ~C eranoe Ab101 i4aa6'Oa' Esat . e~aoce dr est.te Mel; Oealw rwa+ TaaT'32' ~ r dWelroe d 9>'.8g bel l4 aa~RUB POINT OF B66tipNliD; rheMe tvadh 78'97'32" 8'aat o ~ganae d 83&Ot feet; a,enm aaIR1,06'06~d'4' Weal s drotmxe aPtl.pp7aiC ttronae tvau, 78•a'1'21' P.aet i dlatanov at 246,OBleek Rleeaa 6out~ BI'~0'84• ~ i dlelmme d 18&80 feet: dalllee Salan 80'2a'~4a' EeM. 9iZ-~ te.t tl~. t~ ~d salol w,. ewa+oo zetir. w~el, real ~ raa awe ~>ti;,al~so atosl09awp.m9m AnvNlg•raaf4rsor160.Wfeet.anralalOmar taeRene Auou~h a eet6rat algle et t-7°58'b0•, rAh s dloro treserla;gplllh 4f'aC'08 Ww4 Sab oelcel aonnlvl+q x1.32 eamt more ar 106a. End st OBB4lipaon Profeat laf. 06192 oasemex ia.aa~ ~l I AHaJ . ,~~ r 711.1 S ~ ' y. }N Spt r~unonrl• tau r, tlulbar le lull 1 101.111 tllti " i{xhibu n - Pego b' E~TT ]) (CrrY Comvcn, I+'iND1NGS, CoNCI,TJSIONS ANA ORDER) page 53 of 78 DEVELOPMENT AGREEMENT -THE TREE FARM ~ i CITY OR LtGaAUTAN Pl.AalMNO pEPARTAII:NT•STAFF REPOR'F~POR THf.•HP.ARIMO DATA OP MARC1~! 2, 7008 :A~ '~~asaa SLlfl!'f Groep~aa~ BXHta1T A PARCEL s ZONNp C7~1 Legal tleac'ApflOn A Parcel al land 4dua<ed b Olo eoulh,one-heUof the Narpwatt quaAarand fn the SouO~ .Reif of 8etdlon Z2, 7awnshlp 4 Narth. Range 1 Wttsf a Iha Bales Mercian, Ada Counh. Idaho, bekig rtmra Paniwb-fy described aa7oOpw. 8 61 Iho Sewheegt epmer of eafd 9ettfen xz. seta peYy ~Inp ma-ked 47 an etuallnum caP. them ebnp the eetdh Woe of sdd tiaahon 71, No-fh 98't7'38" West. 894723 teat m the Southoeat tamer of the 9oulhean Quarter er sold Saabs 2Z: {helms OonOrMAttp alOnp eakt 6mah Ans, WOAIt 88.17'08' Waal, ti0.l~ (eel b tlm True Perot Ot 6~pinnlrep. Theme cantlnulnp along saki South One, North 88.17'08' INee1, t84?,07'feet b a Pek1G therio9 klev6lp 001d South One. NwU+ 01.89'10' E89~, 343.ei lag! W p Pcl'n{ o} vuwetire, tll0nae etenp a turva b 11~e a8ht.-havln9 a redlua d 180.00 feat an etC dlaunrs 4f 221.861aM sort IhrouuBh a central angle of 80'37'4]'. vdth a attatC' beadnp NOAh 44.1'01' t~at+L a elm-d diAianee ofl01•.99 [e10 b a poY)l~at r4yar80 pgvehlr9; [hence along a wove b Ilia~rel4 ha~Y~p a ratTkaf df 7000.00 ~. an arc tg-tglh of 470.27 feat and through a aettlrsl ewpt0 of 28'86'40'. ~M a slam lvpnl+13.09'3x• East, a chord dlstem~of 406.86 fael~o a pdMri•ot revpase Pl11YalW'a: tltanve elo-g a taKae b the ripd, haYfnn~p 9 flttlpl6 M 600.Q0 f'bti4 as mo dl6~nea 01494.98 tact end ptrou~ a t-9-lfrai• ah~ Of 88'39'OtP. having a ahem heaiilg Wash 87'•tta'g9• Eeo6 a chord dblerroe 474.49 teat rn a pelnF Ihenee 9ouu+ es a9YS- east, sl 1.09 reef b a aow er aravaaae~ iherKe aku+p a vunro to trw IeA, haa{np a rgdtua of 700.00 -eet. an ao dlAetwe.of 963.89 re®1 and Vroaeb a cahkel -angle M dt's3•t9', flavirg a lord 6eat4tp 9adh r,9•T4'49' West, a chord distoraro ar 97B.9D regl b e POYb lhetlea 9oua+ oo•4z'91• w~a1,194,9r tea a a aura, the Pint cir aapka,~. said t~wt contapYrrp t 7,26 a~sas, mere or lase. Hrtd desoeption ProJeat N0. 06132 December'14..2008 ~yi:,, 3rd DIEiQ ~ n , , ~ A 9~ ~ it1 ~ Y•ul~e.u i. . a.,,. ~ ~nia-n. it f~R-r N..A~0 . xa~ uuxs : - SKhtbN A ~ pogc 7 EXHIBIT D (CTfll COUNCIL FnvDiNCS, CONCI.USIOPI9 AND ORDER) DEVELOPMENT AGREEMENT -THE TREE FARM Page 54 of 78 • C~ t••ITY OF MGAIQU-TI 1'LJINNING DIIPARTMF.N7 STAFF riF7'4RT FOA 77th I,,rsAttSlaR DATa,QF INAIlCH:2t ~!+ ~_~_ ~O dlidel:oa Snroey.Group call 6lIId81j A PARCE~6 l.~RFfi7ig5 I.a~t ~aecfipnon A jlaltel M 7a+td br qtb eoulb'onb 1{etsvJ.6eailer( 2Z, Tarrns~.q NORh. Runge t wrat of ~ e~r~erlaelT. aaa caaay. Idalte, hu6tp „~, parlYPddttp ~. Gvmm~rci~ n lhasaancd ct~.ara~l s~lana>,iP1e ro1„+tbdgg mead 4re~ phgPriwa caq, u+egar eteog s1a 7)ouAs Una Pt raid sllUa+ a3. NMh 88•IYSW ivnw uni.ly Mr.lrl she strentmr ogear afYa SewAaul Q1t-+u[ Ptntd Slstlan t>t 19afeP t~a(pdol r7anbiatid aural i1ae. Nan6 S9°n'py:° Weta,1 aga.la toot ro 111D r~ rPw 1~-nr„bgarro, 'Jltalcc eoalimtnlc day alo 44aa8b 1[the:'Ikath Po' 17'flY" Wem, 90a.t 1 Ras a r pr8tu: thmtca 2frgap mid Smre,llpa. epgy a emva k Ihv ItpM, pa-dnY r twliw of 14QOA0 rap, n,src Im3lb of 6s9-A- fes aaY lllrotyh • aaWd rngle of E6'4s}•pe,•, rirh r chard velvkgl Llqut f¢'4~ 96` Irasl,,d dlrrd dhtrrroul'1t1S.dS Pop rq a puha: gmwlienth'13`31'18"Yxtt Idlt7 aiff (~ r point .N otaadstu4 Otatao rlay ^ Paros W dtq 1d~ d413nt 0 TidWl Ot 12fD.OD ~ ee rIV IOt61A of yQ.9,71 rat? dml lhraebl` ~ a dp11+n1 MyW afg3'b(i4d°~ eaith a 0hh4 h~Yy~iVpltll Y1•Ja41D' th1n: d ahrad dtalraro of PJS.1] tOM k rpa6+r, IMara North ytrf7•g3" 1:ap, 3ab,Of fwf ma pplni dt aorasOYr; Ilaaco akn6 i e1mr0 ~ rbe TIgIS, Uraigy r ndlu7.Pf tlppA' toot, w aK dnllace Pf 701.17 tkao Md slrottyU r acavrl rnYld PT 'q•d1.6)", nrltG a ohurd tHrlp'9POfh a/^IIY3~• Idas4 a drord dislagpo K 13d,bS) •fpd to / ppleq BIgIR $ppy Ih°b0'al• GW, 171x7 f4 to 4 q~ae of uwruwta: thew rlaa~~ye ~ri ~a~(r-ro b tho ribbt, hlHvn a Iddlni d 104710 teri, mf ee: lar<s4 at 156,718 ~ taul disoatafi . tep ~~ rof41•sd'7r vlut a e4ad i~ytY16 8avBt JSy t'om' Pn6 a dead ~{gPav Pt ISUV rea ta: pPLu: dxa~ snurAnYla'44~ Ib4'-k~0 Petit IP r Pslnt at aw+rtnnt tl~ea dS+y a s'MVa k Na riebt, Ialvlag,^ rrd{rn of bOtROn Pep, m.a• didnrea of 3a2.da tbel mdOaaY;b a ewpelttaytk ot3$°iblq".taa P ba{ cbfud SmdDI bS''1 s•30^ W aA, r duvd diagaro sdJl ddfA•aq a r l~ rd'raTgre a4VNtaa. t1101~ ett~ Irourtiv sa th! ten, 7m.iab a radlaa N 700.00 tael~ 1+[ 0Ie•dtd[Nats af• 19.78 [tet sad Olnet67t a eaftal irt8t4 of 1.77'oA". adth a t~el•Ileaittp ~'10^{ttPr6 et:6ag1 tONtuxe of 10.78 Ooop W 1 aoiel; •IlroneaNMANVCd7"Olar•111 tirdkrpgheoPanrvnscr~tibPpenwwC'fh9eehdl. 6aorw¢ d Ir0ivr Pt SODaltl'tkl. at rnr teggsU aa00$3$ tcat Mq t~sam! a roman enQl~ bb"39'dS'. wtW a e5a711K9r~ SWt(r a7,YS9'17"WO[s; B tdaoA-Opr~ro of1114A81aet tr e trf fQVrrao tYlvdalra; tlingen rblg P ta7va k rllr dlt>u hovha a rrdla/ sd Id1400 Cevi. +m rra• In~gih n) 07a.a1 !ad earl tMnutL r daatrl aggle o/ ]~s6•d0°, ar100 a drotd bo[+hts &0rt6 7.l'OP'»' Wa[4 ^;lpM dearlxro Pr 063,07 Pop,lq t•poita al'reapee rmwtwee IlraaaP dPa6'1 ram P• t6a {071 bvMp a mdfY- Pf I54,00 lao1: da YC rwfp4.a(2ZI,S6 ~d mrllbNWh AcplYtal ,ontk ar el rvr'• •Nh v aionl bemkyr Bvdl 1q•laarwe~, v ebvnt~utmdaa eiaOL'98 rarl b / aaluli tkaeq 9~arrh Olbq•10' [Vn!• 7d7.R.17ea1 k r rydq, ~ 7i1o1M it1 ik01nde4 Said yaraW arnL'aUng,39.9~rta'~ tiMrn d,'kte. 6 Gt7AP p~• 6 ~~ fT Vad ~kafiplian $ W • 1'rojeatNo,031bb nemalhar10.7VOS 73L~ ' .~ u, na !41 ['Yrtev •vn 1r. !ap•1 e1146u le li{11 F.+thltrit A •• FPge 8' EXHIBIT D (CITY COUNCU. FINDINGS, CONCI.USIUNB AND ORDER) pale 55 of 78 DEVELOPMENT AGREEMENT -THE TREE FARM • • GiTY OF MIiRiD1AN M.ANNIN4 p6PAR7M8NT SLnFr'RRWgR7IsOit TNCI~NEARRJq pA'1'1? OR MnRC# 2.2000 A5G {nders9d Sd17e~ 41ulp.wr~ ~xrllun' n 1'ARCF.1; 7 ZQNBD CC festal gaeelplhm A 1-vw! ofJa1W dhmtaJ is Iha Soulire~l mnc ofSat6tu ] I etal tbt+filaahwaA t7~a of 22, Tuwaddp 4 NaNrt Raags 1 i~;at.of iht Reiss klaeidiaa. Ado tmm~y. ldahn. heJnjt much Jarlladally datallhed a [eases: Ca+elttaade6la Iltbl3talalea.Rl ap+ta nPpdcl $Wirn, 21. ax Trar L'd4t ofNegNnlag: 71ama+alupg dilr SenW line otadd Section 21. North 89'24'1_7"•9Ves1• g6i1.32 feel to a pplnt: Ihgtps Ie4Nog:whl South tim, \erih M :4.29^ Bwa.17.2d fm to s pnit~ Iha~ee Non1, Qt"80'A2" Q{pt,140b2 axe In. pd+u oPcumm~ro; IDenue ulaega Ivwe s~ the tillld. havA,r a radlw of tl0a.tp rcea a, aratlislenoc oF228Ati Paa pw grmglh s oaaw aegle of 1'R'23'S1'; adth a a1aN bung Npnh I I'1 I!S9' P.ad.'a d1aN dWsrca of 22&.l,8rasetosry.bdaPeerartoeurvlmlo; Titanaldaat$aapwlklNeJell.huahlgn . rndiw aF1a11.00 tool. kn eta aargm 2ei;40 fm ve.l yuvuyb s eadwl aeglsnf 5:{!tq'M". wok 4vhord bomingNorlb i1t'M9'!S" kul..s elM,rl1 d191saea nf241.a7 QeeJlo • hoiiu; Ibaoco Nntth I5"1S'08"• Wlw.1l.5,l.t Faet:lo a pein~ U~elata 14ath ii°45'24"Rau, 185.94 !ad a a I+oin/ or uatvaum, Ihenee atmy a rbaee W Otd~igh41er6ig a radJ(d.,G 7SD.fN1 foot, as Olo d~iples of42t.71 alet end Ihlppgll a IsldlA oagk orJ2`12'SB"; af61 e ohwd basting Nerlb 86.01'!3" 1'•R a ckud dldaaaaof 11G.17 foal b a {i~ti{; Tltanee :$+ruth TS°5176~' Fit1.260.15 Nat ro a Md~ thaa~rA/nN 11' 20'011" Nql. S9.~b fain: InmcoNae~ 00°Ib'JO" flat. J2ATroat;~tbeueeseWn 15`51'56" 6'sd.1E01.T6~foa; Ihacee almly o wive W Ibe brll, harbtg w eodlssoF 21baoG Eeq.lal feb leaglb•oFB,ili 4J rannA ttaugph a oataal a oi10'03'M", adba vivid beniui Jiauth' 15112'18" li'bel'.. ebsld dulamro vt 835.tst f~ {n s ~y on tba 8nvlh Ittro of agll &atua ti; thenea oUing edd Snulb.lino;lVuKlt n4"t 9'b9" Wed.31i1.93 foa m tAn Bulge or h1Y. Said pared aardeiaing 28.45 oCrq.l,x~ra.ar lat. F:ad o1'tlaa:tiptiaa YmJoet Na x5172 ~}S~L Mgj. Jaeuwy lJ. 3000 ~ ~ 7314 ~' ^~yjl°~~]~ ~ +yr'~OYA~~~~ IAr { M•1•n•w, 1... ewp I. an~Oo, la el4R r ra1.1t1 UI{ Eahibll a -Page 9 EXHIBIT D (CrrY COUNCIL FnvDINGS~ CONCLUSIONS AND ORDER) DEVELOPMENT AGREEMENT--THE TREE FARM Page 56 of 78 C~ J CITY pF'rdt?ttIbIAN~ PI.AtY1Y11YQ u9NAR77W8NY fi'ikt?P'R4PORT I•'QR•TN8 ti6ARINQ bA'l15 OF MA RGH.4,,AaU9~ F~SGa ladprsvlt•SnrveyGlneti me EX~ilBfi' A PARCHL 8 ZONEC R.i6 6ag81 peaalAaen A patdel Of latWxl ettltaEBd in the So+itheaal I~u9+ter of Ssabn 21, TmansMp .4 r!u+V,, Waage 1 1tYaal•of the Botsa Meralian, Ape Gautti+. Idaho. ~ orate Paltiwbdy dasef~ed'ae [oie,Y: Cpna,tQrtpl-19 fd Vra Bouhaeu cornet' of eew 89otia-•21, Rlenpe aldng a,d 5oldp, ilne or seld secnor+ 2+, tVollh 09•zA•2s• waar, sea•~ roar ro ehe trod Potnt'ot.BeOtnnlag; eThe~~ ~hNortl~ 00'~2'6t1' Ems, 8 9.78 fee0.~W a F~~'. 4~rca~•Narth 8P•A1'32' 6Aai, 748.08 teal to o polN oFauNaW~a1 thence atoryt a aarve• to the. lea, hetlnp a radWt!•tif 800.Q0 fee4 ernaro diatarrco•af 168.00 feet'end 8trol,ph a cenve! aagttr of 17.48'08`, wllh a S}wrd.bea tVorU- tt4'16•~" Hall a ehea! dtstanca of'184.44 (act lp a OaM,t: 8,enae NaUIU ~'P85'2I• Ever. 78.39 feet la •a poled: thaQ,ea Botlth 18.46'08` FYe „vl 110.34 feat (0 a e! OlereUNa' Ohsnce stoop a mva b the aOM, haYY,g a rarNua x1400.00 fad, en aro asnjith of 2ab.44 fast and pae4gh a denLb! angYe or 35'46'09', wGU, s bog ~IStd•.bearki~ SouQi 01'46'23" yYeal, • chord dlsreiKS of 241,87• tael bo a pDlrlt or r4tre,ae ccirvahrol8,enas Obtg a stave to the left, t+s'd-19 a +adhti ef'~D.OO.Ye~, erc•lenpth ~ 228.E feat oral 8trough a cetdtel,arlgl@ai te'23'd4•, wgMl a ehad- heertrlp 8oldt, t t'11'~' wit, o cisud dtata,>ce. a 2:8.18 rmet rd 'e poGd; thanoe sauu, 43.00'W Wes,. 346.x2 teat m.a pWrlb 'ptaloe t3suth ao•34.28" Wesi. 9iz0 rest to tl,a point e! 8kalitMag. - t;ald pateel tortlaaYnp 9.71 Derv®, mwe ar seas. Er1d ar peee11p1bA PrOjeat No,~061.3$ •"ky;1•~~U aecemtar t4, 2006 .t ~~~~. ., . rs 731'4 r• ri JL • ~~ wfi'~IN .V.. A1i9~ I,1 L. Yp~,i•r•. la .. T.w I, ipUln. It N1~i e ,ee•a~ rNf - - liahibit A - rhea 10 EXHIBIT D (CITY COUNCIL FINDINGS, CONCLUSIONS AND ORDER) DEVELOPMENT AGREEMENT -THE TREE FARM Page 5? of 78 • CITY QP MRRIQIAN PGANNINa;1.ASI+ARTMQN7 STAFP REPORT Ftl'R'11fie 118A{ilNU OA7COF MARGIN ~, 2lWG ~~ -~ ~ ~,i I i ~~ ~~ h dti P~ R ,~ ' i~ •o 13p ~~r i ~~- ~ f I ~' tl ~-~ i I Y.~__ I . (ii*i~, I 1 1 '~~• ., ~jj 1 J .~ ~~ ~~~~~ ~I t.. ~. ~ .~; .~ liahibll A - ~ 11 E7~LHIBIT D (CITY COUNCIL FnvDYNCS, CONCY.USIONS AND ORDER) DEVELOPMENT AGREEMENT - TSE TREE FARM Page 58 of 78 • . CITY QF iNENt01AN PI.ANNINLt bHPAIt'tMttN'l STAFF ItEPOtt7 f30ti TiiL~,HBAR1Nt3bA7EOF M/1nCFl 2, 2006 ti. Required Piadlags tram UdQa'd Developttt~t Cadm 1. Annexation FhtdtKgs~ 1Jpda recomroaadaflott from the Couimisgaar rho Coancq sheU'malca.a full . inveetfggtloA and shag, 6t rho pubUe hearing, rrovhtw tbo appUestlop. Ire offer 40 'grout an aattettatlon aad/ar rGZOge, tide Couaxii shaq areke the fallaw(ttg,iindltrp~: 1. The roap atitaadment eamplies with the tippgetiWe provislaas of fba. compraltmnaJvc plea; The applicant ie prapasittg io sons the subject proputy~'ta`k-2, R-8, R-15, C N and GC. If the; applicant ptt-vid~es some R-g atudn$ adiatxnt to the west side of WeatWfng !';states; Council Inds that the proposed awning map amatdount will egmply'wi11t the applicab1G provisions of fire Ctuapretiatsive Plan. Pltasm sea Canprohmr8ivc plan Politiies and Ctoala. Sections;, o[tha Staff Repdrt forhnore infatmation. 2. The roap atnmtdmt;nt cq;nptles with the tegaladans ontllnad Tar rho prs-poaad district. spGCfliasUy'the purpose atatemeott 1Vo davaloptttaat : jF Proposed eo~arrenl with sin ;owing tare tltQottdntEat. Council firxda drat tharo ~ara leveret uses that' are oUowad and donditidnaAy allowed aittttia'Nm'rmqugstcd awning distridro. if rho appliaant.camplSes ~swith~tNe provbinas aulliged is the d'evelopmmt a8 Conntil• Tunis' diet ~tlta proposed conmtercial dttd rofidtsatial dtavibla will bo in co'ttip8ance wi[1t tile` specipe_ diatsicl regulationt+. Cbunail Linde Thal tbta7e dcvcloptaettt of"this property should cmaply with rho os18611shed teguladotts god itutpoaG s(at'Cnlanla mf the trsldatliel sad ea:trrnercial zonbs. 3. "l'ba map amepdmetu shall not' be twttartaUy deurimental 4s'dlra~;+rt-+Uc health, salary, sad, w~fare; Council Linda drat dto proposed inning ammrdtantt will not be delrintsatal to the public haslth, salary, or weltarb. The ConuaissIan sad Couaaii should rely on any oral or writtm tesiiatoay thal may ha providod vvltea deterntieing this finding. ~t. The map amepdtm;nt tinall.twt•roault,in ad advarae Itopact upon file daltv6ry of aorvicea,hy say IiWltteal snbdlvl~Oet,prottdiag pubtio services within the GYty Inalodipg, byt sot limited to,acbool distrieb; aou'1, ' Coancil $nds that the'proposai•apdog atttandttntnt will aorrasult is any adverkc impact trpar the ddivory of servicros'by day paiitival auhdiv9alop pa>v1;8ing 8orviop t0 This s}ta 5. Tire aaa~axattoa (e lathe beat of.,lotereiit of the City IUDC.11-S~3~j: Thin proposed zoning amandmont silt provide zardng districts that era aonsisreat with whal the City has •anvis'lottdi•for• this area. in aorardance with the tiadio8s listed above, Coumal finds t11m• Anneaati~nLm,inn of this »roaor<y~wottld ba Ie the beat intxxrst q~tha CitX. if the fyy 1L~nt omvidrs revised leisei dddarirtiaas jQt the R-8 sad Id-l S Zones-and Gnt~j~a ~a~aumat,4araamrnt f nAl with tltaClN~yamy~}iggp~(g 'oat0ofihe&stt'ReaeA. F+h~b1r 8 -t'ago T EXHYBIT D (CrrY COVrtCIL Fnvnirlcs, CorrcrusIONS arm OxnER) DEVELOPMENT AGREEMENT -THE TREE FARM Page 59 of 78 CITY OF MP.RIp1AN PLANNINq D[pAllTM&Ftf STAFF RF9t7RT FOR THE HBARINQ DATE QF MARGN 2, 2'006 C. Concept I'!en ,. .,.~ 1 ~~~~~i~~~~~~ ~ ~~~ 1. ^r.~u e ao i gxlilbG C • PaBo ~lr~~ ~~~~ -. ~~F :Ir.~. f~~i~ i~~•t~~ ~~ .~ T •~: ~4 ~~ ~- ~. EXHIBIT D (Crr3t CouNCn Fn~mn~rGS, CoNCi.usIONs ~ ~itnER) page 60 of 78 DEVELQPMENT AGREEMENT - THE 'TREE FARM • L' CR'Y OF MERIDIAN P~:ANNING RGYAA7°AA~ STAPP REPORT BS1R TI IH 11EARMd ~Uq'1'1: aF MAlCC112, 2005 D. Ade ~auatg ABSeswr'a Qwpm'ship Map p PA6~S~ t~+iu~G 13.1 ri.(~c,lt.+~ .. 1 .., , .I GAa11Bl9Al~ 6oCAfdh~ ~LDAPE ~isswois .i J ~~ TECO ' ~V'. ~ . .. .... .. _ ~.j~, ~~ ..... nnoC .~ ..~ _.. ._. ,,~ . _ .. , i ~ MDC ~ ~~ , .. ~ ~~ I ' ~~~o ~~~4~~ Exhfbi~ D -Yubro•! EXHIBIT D {CITY COUNCIL FINDINGS, CONCLUSIONS AND ORDER DEVELOPMENT AGREEMENT - TSE TREE FARM Page 61 of 7$ • C47Y pr MPRITa,IAN PLAIVNINO DEPARTMENT.S'ta>rr REPORT FAR `fHt IIF1~RtNd DAT~OF~NIAIICFI 2,.2006 iE. Updates OwuersWp 1Nap -•- 1------~- -_. ~.~ i I ~: .. ~ ~' r } ~ ~:~~ . s ~ ~ ~,. p ~~ ~' , • i ~ ~. N. X~i Ir ..... -- __...... _~......_ .. .. ~. r..~ ~ I ~, a . j.~ . d ~' K ~ .......~... ..._._~.~...-..--~,~.... ~~ i B~t~1eE-raged EXffiHIT D (Crrx COUNCIL FuvDINGS, CONCLUSIONS AND ORDER) DEVELOPMENT AGREEMENT -THE TREE FARM Page 62 of 78 EXSIBIT E DEVELOPMENT AGREEMENT -THE TREE FARM Map of Adjacent Property . EXHIBIT E (MAP OF ADJACENT PROPERTY) DEVELOPMENT AGREEMENT -THE TREE FARM Page b3 of 78 • EXI•IIBIT F DEVELgPMENT AGREEMENT -THE TREE FARM Addendwn to Development A$ceement EXHIBIT F (ApuE~vuUM TO D~vEtoPMENT AGnEEMENT) DEVELOPMENT AGREEMENT -THE TREE FARM Page 64 of 78 ADDENDUM TO DEVELOPMENT AGREEMENT Agreement and Commitment Regarding Access for Teco One Property and Property North of the Phyllis Canal This Agr~meat and Commitrnent Regarding Access is being made by Treehaven, LLC ("Tre n'~ to the City of Meridian (the "C~~. This Agreement shall be effective upon the final approval of Treehaven's pending zoning and annexation application (AZ-06-004). This Agreement and Commitment shall be made a part of the Development Agreement entered into between the City and Treehaven. Back rground ilnforrnation Treehaven is the purchaser of the land (the "Treelpiven Pmperty") generally illustrated on Exhibit A and more specifically illustrated on E 'bit B. The Treehaven Property currently includes Parcels 1, 2, 3, 4 and 5 (collectively "Parcels X-5") illustrated on it C which Treehaven has recently acquired from MDC, LLC and other affiliated entities. Treehaven was not the purchaser of Parcels 1-S at the time that Treehaven filed its application (AZ 06 004) to the City of Meridian for annexation and zoning. The practical and functional northern development boundary of the Treehaven Property is the common boundary between the 'Teco One Property and the Treehaven Property as shown on Exhi 't Properties that adjoin or are neighboring to the Treehaven Properly include the "Teco Ogg property" and the "North of Ph~s~'roperty.". These properties are generally illustrated on Exhibit A and are more specifically illustrated on ~bi,1 t D. The owners of the Teco One Property and the North of Phyllis Property shall be collectively referred to as the "Nei ring O~". One of the owners of the NorW of Phyllis Property is Elias and Margaret Aldape ("Aldape") and the "Aldape Property" is one of the North of Phyllis Property. The Teco One Property and the Aldape Property currently have very limited access and specifically do not currently have any access to Chinden Boulevard except: 1. The Aldape Property has limited access via a "certain wagon road 25 feet Wide", commonly referred to as `Basco a". Basco Lane is shown oa Exhibit S; 2. The Teco One Property has access over Basco Lane for historical use, which has been one single family home and agricultural uses. Basco Lane has inadequate access for the future development and improvement of the Teco One Property and the Aldage Property. Treehaven has made application to the City of Meridian requesting the annexation and EXHIBIT F (ADDENDUM TO DEVx[.oPMENT AG1iEEMENT) DEVELOPMENT AGREEMENT -THE TREE FARM Page 65 of 7$ • zoning of the Treehaven Property. The proposed project is referred to as "The Free Fama". In connection with The Tree Farm application, Treehaven has prepared and submitted a conceptual land use plan attached as xhibi (the "Concept Plan"). The Concept Plan anticipates that the needed future access far the Teca One Property and the North of Phyllis Properly shall he provided via Tree Farm Blvd and Jayker Way. (See Concept Plan.) The "No Meridian Auto Circulation Mav", which is a part of the City of Meridian Comprehensive Plan, also anticipates a "Collector Road" in the vicinity of Basco Lane. The Circulation Map is attached hereto as Exhibit . The exact location for the extension of Basco Lane north from Jayker Way (the "$asco Lane Extension's has not been determined at this time and cannot be determined until the development plans for the Teco One Property and the North of Phyllis Property have been determined. In particular, the intensity of development on the North of Phyllis Property will have a significant impact on the design and location of the Basco Lane Extension. Treehaven has reviewed with the Ada County Highway District two possible alternatives far the Basco Lane Extension, which is illustrated on E 'bit G. Exhibit Gl depicts the current location of Basco Lane. 'b t T2 illustrates a possible Basco Lane Extension that follows, as close as possible, the existing location and historic route of Basco Lane (the "Historic Route"} and Exhibit C3~3 illustrates a route preferred by the Ada County Highway District (the "ACRD Preferred Raute'~. At the time Treehaven purchased the Treehaven Ada County Highway District and at the time of the Planning and Zoning Commission hearing an Treehaven's application, the Treehaven Property was encumbered by that certain Agreement to Restrict Easement, dated effective April S, 2001, recorded in the o~xcial records of Ada County, Idaho on Apri15, 2002 as Ynstrumeat Na. 10204073 ("Anderson/Thom~greeme~t'~. The AndersonCfhomas Agreement was recorded against the Treehaven Property by a former owner and contractually limits access over Sasco Lane for use by properties north of the Phyllis Canal and legally limits Treehaven from constructing any xoad on the Treehaven Property that would allow far development of the Teco One Property or the North of Phyllis Property. Treehaven and its affiliated entities have obtained the release and termination of the Anderson/Thomas Agreement, a copy of which is attached hereto as Exhibit (the "Ternnnation A rg eement'~. The purpose of this Agreement and Commitment is to set forth Treehaven's commitments to accommodate fixture access to the Teco One Property and the North of Phyllis Property. AGREEME1~iT AND COIVA1rIIT1y~NTS 1. ~areel 4 Title Cloud. Treehaven has recently acquired Parcels 1~S from 1VlIDC, LLC or ailiated entities. However, because of some eonfltsi.on created by a series of deeds recorded in 1912, the current legal ownership of the gulch (a portion of Parcel 4) is not clear and consequently there may be a cloud on Treehaven's &ee and clear title to a portion of Parcel 4. Treehaven agrees to undertake such reasonable steps as are needed to obtain clear title and to cause a title company to insure free and clear title to Parcel 4. The City agrees to cooperate and assist Treehaven in these efforts to obtain clear title. EXHY$YT F (ADDENDUM TO DEvEL01'MENT AGREEMENT) DEVELOPMENT AGREEMENT -THE TREE FARM Page 66 of 78 • 2, B,ps~a Lan~~ight of Wav. Treehaven shall make available, without the payment of any consideration to Treehaven, Parcels 3 and 4 for road right of way purposes, YJnder any circumstances, Parcels 3 and 4 are not adequate in sire, location or configuration to provide the needed land for the Basco Lane Extension. In the event that the City, the Ada County Highway District ("ACHD'~, and the Neighboring Owners determine that the ACRD Preferred Route (or some variation) is the best alternative for the Basco Lane Extension, then Treehaven agrees that Pazcels 3 and a shall be made available to Tern One, without consideration to Treehaven, to replace property dedicated by Teco One for the ACRD Preferred Route {or some variation). 3. Tree Farm Blvd and Javker Wav Cons~ty, Eton and Reulacement Access. Treehaven agrees that in connection with the development and cot~uction of improvements in either Phase 1 or Phase 2 of the Tree Farm project, Treehaven shall construct, at Treehaven's cost and expense, Tree Farm Blvd and Jayker Way including the "Stub for Basco Lane E ensign", all as shown on the Concept Plan. Treehaven shall dedicate Tree Farm Blvd and Jayker Way as public streets and rights of way, The Stub for Basco Lane Extension shall be in such exact location as the City of Meridian and ACHD, in consultation with the Neighboring Owners, agree. The exact location of the stub shall be located someplace slang the common boundary of the Tern One and Treehaven Properties within one hundred {100) feet either east or west of the existing Basco I.~ne. Once the new public struts have been completed and dedicated by Treehaven, the existing 25 foot wide Basco Lane shall be abandoned fiom Chinden to the common boundary between the Treehaven and Teco One Properties as shown on Exhi it B. 4. Termina ion of Anderson/Thomas Anreemen~t;, Treehaven agrees to obtain and record the Termination Agreement upon the recordation of the first final plat of The Tree Farm. 5. ether easonable Stem, Treehaven agrees to otherwise cooperate and assist the City, ACRD and~or the Neighboring Owners to insure that appropriate access is provided to the Teco One Property and the North of Phyllis Property as contemplated herein. EXHIBITS TO ADDENDUM Exhibit A --Vicinity Map Exhibit H -Treehaven Property Map Exhibit C --Parcels 1-5 Exhibit D - Teco One Property/Nortb of Phyllis Property Map Exhibit E -Concept Plan Exhibit F -Circulation Map Exhibit G --Basco Lane Alternatives G1-Current Location G2 -Historic Route G3 - ACI~7 Prefenred Route Exhibit H -Termination Agreement EXHIBYT F (ADDENDUM TO DEVELOPMENT AGREEMENT) DEVELOPMENT AGREEMENT--THE TREE FARM Page 67 of 78 ~~~ ' ~ ?~y .~' x. ~4 r ki~ ~ i ~i ~, ~~. ~ ~~ ~L,-qi ~~s r.. F `~ i ~~~. L _ °' ~ ~. ,~ ~~ k~ I P 3 .Tt+" ~ ~ F 'M1 M.ai ~ ,'. ~~. ~,~~ r ;. ~ a„ h xr .M itr. ~ r~ " 'i~ i 1 ~' ~ ~ ~_ ~ ~ ~ r I q I~~. W'~ v~ ' ~.:; a~~ny , ,: - `?, ;f f - - 3 ~~ 3 t •" 's I. ~ ~ Y' h ~ N ~ N' ~ I ~~ i ~ ~: ~' r3 2 ~s,l~ ~ ~ x' }, :~~;~ r ~ i =';~ ; ~ ,r x ,5 ,a $; ~~ ~. `~. r ~ ~ ` J 11 1 Q Exhibat A EXHIEIT F (ADDENDUM TQ DEVELOPMENT AGREEMENT DEVELOPMENT AGREEMENT -THE TREE FARM Page 68 of 78 olerr~r ~•,~ ~ wa mm °s E'xlut~it,B, EXHIBIT F (ADDENDUM TO DEVELOPMENT AGREEMENT) DEVELOPMENT AGREEMENT -THE TREE FARM Page 69 of 78 '...~ ''. _ ~ __r,~ ~ ~ ~~ '~. u. ~` s ~ ~ :~ -~~ • = b •r !_ '' s , ~- { ~ -~ ~: F ~-~ c EXAIBIT F (ADDENDUM TO DEVELOPMENT AGREEMENT) DEVELOPMENT AGREEMENT -THE TREE FARM Page 70 of 78 ~ ~ ~~ ~~.. ~~. ~ N ~. ~~ ~~ a~ ~,~. ~~~ r 1 ,.. ~ ~ ~ ~. :T'om'':: ,.. ; . '' ~. _ ~~ ~.- - ~ ~ ~ dal, ' ,. . .~ ~ .. ,. ' ~ ~ ~~~ ~ ~ ~ 1rU~ ' ~~~ ~i i ~~e , i~ ~ ~ . ~~$ !,.. '~ ~~~ ~~ ~'~ ~ ~~. ~~~ :t r~o~~ w ~_ ~C1C ~o :~-- W ~~: U ..~ ,. ExlnbitD EXHIBIT F (ADDENDUM To DEVELOPMENT AGxL~EMENT) DEVELOPMENT AGREEMENT -THE TREE FARM Page 71 of 78 ~7~ F 1" O n ~~~ `~'... ~ . . ~1 f _, ~ ~ ' J`'~ %:~' ;~"~ */ • / ~ •~, '~ C . _.. __ ..;i..`, ~~ ~~ ~ ~~~~ ~~ 1, .` ~~~fi~ ~ \~ ~~ ~•.,~ 1 ~~ ~~~~~~ .. ,, .i i t.; , . i I 1 .~ ~~ ^ r~ U ~~ ~$ dC G e ~~ z ~'r 4 L _ F a~ L ~"' ~ x ~-- s ~_ ~~ r q ~ V Gti A ~ Olf WQ OipW7,M ~ ~• 'g m ~ w ~ ~ ^ ~ ~ ~.~ '~ K a ^ v ~ ~ , . • ~ ~ r. ~i. ~/ ~ ~ I .) C r..... • • Q ~ • ~ .~ ~ M ' ~ ~ ~~ ~ ~ j y • i 1 ~ ~ ~ I ~ r V • , i ' • ~~ , ~ 0 q U °~ ~. ., ~ a ~[ .~ o .~ .... _ ~ ~. ~ ~~ N ~ ~ ~.~ • St 7: • ~ ,~ • ~' j 3 ' ~ /~ i~ ~ ~ ~ ~ ~ •C-- } [~ ~ : r \ .~ . ~. ~"r71171b1~ F+ EXHIETT F (ADDErrD~M TO DEVELQPMENT AGREEMENT DEVELOPMENT AGREEMENT -THE TREE FARM Pale 73 of 78 • .8x~ibiLG1 EXHIBIT F (Aon~rmunt To DEVELOP~tv~r AGa~~rrr) DEVELOPMENT AGREEMENT -'THE TREE FARM Page 74 of 78 P~~'15 of ~8 ~MEr~'~) ~ To DE~~,x,oY~ ,.~,E FA1tM ~~~p~~ A g~EN ~~~LO ~~ ~ ~! ,;~~ . ry ~.~,,: fi;.: ~ndersQn ~uru~y ~r~u~~,com r'. -~ EXHIBIT A ANNEXATION PARCEL FORMER RASEHL TRACT A parcel of land situated in the Southeast Quarter of Section 21, Township 4 North, Range 1 W®st of the Boise Meridian. Ada County, Idaho, being more particularly described as foAow: Commencing in the Southeast corner of Section 21, said point being marked by an aluminum cap, thence along the Easterly line of the Southeast Quarter of said Section 21, North 00°16'30" East a distance of 914.93 feet to the True Point of Beginning; thence leaving said Easterly line, North 44°20'00" West a distance of 137.71 feet; thence North 58°26'30" West a distance of 138.52 feet; thence North 83°03'00" West a distance of 187.58 fe®t; thence South 81°20'00° West a distance of 156.89 feet; thence North 00°33'30" East a distance of 245.48 feet;_thence North 79°31'00" East a distance of 103.70 feet; thence North 67°23'00° East a distance of 104.89 feet, thence North 86°36'00" East a distance of 357.39 feet (formerly North 86°32'30" East a distanc® of 357.98 feet) to a point on said Easterly iine; thence South 00° 16'30" West a distance of 495.93 feet to the Point of Beginning, Annexation Parcel contains 4.0$ acres. more or less. End of Description Project No. 05-132 September 27, 2006 ~~ p ovA~ BY QC~ d ~ 24~ M y~ORKS CEPT1G 357 E. Wntertower ln.. Suite F, Meridian, Ip 83642 P.20B.B88.7345 ~ ~f3& Rf18 7,~; - - • _ - - - ~f00'72'S0"F T 203908--_ I ~ I I ~ I I ID ~ I 3 ~,, "~ o~ ~ ~ ~o ~~ ~ N ~ 4~ h3 ~~ ~ ~ ~~ ~ ~ ~~ ~ ~ ~ w 1 ~ I ~ I ~ ~ I ~ N~ °p _ ~ _ - , _ W N007S'30'~ 814.93' _ _ ~ ~ ~ BLACK CAT ROAD o ~ ~ ~ 1 "~ © i ~ ~'~ ~) ~'~ pAp~,,p~~ Jfo ~ ~ I~t~ I .~' \r'Np'~ it lL~.~ /fA-\ ~O ~ w 0~ .. ~l~ ~ ~~~ ~j f:~ G M1 r /~ {~ 1p ~y V C1NA r 1 r ~ ~+ ~ N.~. I¢~li ~p t1~ _t y V O~jG G1N W .341 O '~ ~1 ~ a Ul ~ $ r'l ' o _ Y V a oo~~" E ~`F+ ~/ 'oUo ti~ ~ 1~~{1 1rr~^^1 VJ ~ ~ . o N ~ r O 'L7 ~~ ~ mc~ ~ ~~~ ~ ~~~ ...___ ~~ y ~ ~ A~~~~ ~~ ~~~ ~~~~~ ~~.~ ~ ~~~~ ~~~ ~v~ A~y ~ `~ O ~N~ 4 February 9, 2007 MERIDIAN CITY COUNCIL MEETING February 13, 2007 APPLICANT ITEM NO. ~-H REQUEST Water Main Easement Agreement for High Desert Harley Davidson 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: See aftached /~/I w ~ SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meriden. Crt~/ Of Metlt~lt PYb1=16: WQiI"kS Dept. Memo RECEIVEIS EEg 0 G 2007 City Of Meridian City Clerk Office To: Mayor De Weerd ~ City Council From: Kane Glenn CC: F!e ?J6/2007 Re. Proposed Agenda Iterr~ for 2/13J07 City Council Meeting The Pubic Works Department resp~tfully r~uests that the fallowing kerns be placed on the 2/13!07 Criy Council agenda, on the Consent Agenda, for Coundl's consideration: 1 } Water Main Easement for High Desert Harley Davidson . Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for High Desert Harley Davidson and authorize the Mayor to sign and City Clerk to attest Thank you for your consic~ration. •P~1 i ADA COUNTY RECOA~ J. DAVID NAYARRO AMOUNT .00 I BOISE IDAHO 029/07 01:49 PM DEPUTY Neaua Haney RECORDED-REQUEST OF ~II I~~I'~'~'I'~~I'~I~~I~~III~~~I~~ ~I~ Meridian Cliy 1 ~~~~~~~~ WATER MAIN EASEMENT THIS INDENTURE, made this day o 20~~ between ~ the parties of the first part, and hereinafter called the Grantors, and the City of Merid n, Ada County, Id o, 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 ofthe 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 HAVE AND TO HOLD, the said easement andright-of--way unto the said Grantee, ifs successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement 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 MAa[N C n PaB~ ~ i ~ THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: 1/President Secretary STATE OF IDAHO ) ss County of Ada ) ~~~ .~ e~~~~~e~ ~~ ~~~ s°'• s~~~~,2, i s '~', ~~Tq~ •~ x ~_ ~~~`~ s e A) ~j pp ~ ~~ &~ VBJr1 ~9 My 0 Jd ~ e s'~~ ~F ID A~O',''~~o On this ~_ day of f'"~"/J . 20 7b~fore me, the undersigned, aNotary Public in and for said State, personally appeared ~ V/ D Tf1om sf ~ and known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. J /v (SEAL) NOTARY PUB~FOR IDAHO Residing at m ~~ ~ _ .,~ D Commission Expires: /p. Z/-Z ~ /~L Water Main Easement EASMT WTR MnnAIN aa ,, ,,,, Page,~.~Af~ L~ GRANTEE: CITY OF MERIDIAN ,~ •`' °~ Tammy de W er ,Mayor ;~ ~ G'~` by William G. Berg, Approved By City Council On: „ti!!!c!!!!rrrr, rr T `~~ ,•~i 77.. r. lC+. ~i V i ~ ~.:~ _ ~/ ~'~..~lJ_Y. ss't ~ .E" +t ii STATE OF IDAHO, ; . ss. County of Ada On this l~~ ~~day of m ~. (ifI t , 20 b~ before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and axed my official seal the day and year first above written. {SEAL) .~ • • r M Water Main Easement ~~s~~rr ~~ ~1~T n _ s s r • ~~~~~~~~ NOTARY PUBLIC FOR IDAHO p Residing at: ~t~'L~ lf~~ cO~ Commission Expires: ID /S =!/ EASMT WTR MAIN Pa no t~ r-~ t n '~ALEY'S LAND SURVEYING Project No.: 3041 Date: December 7, 2006 187 E. 50~• t, Garden City, Idaho 83714 (208)385-0636 Fax (208) 385-0696 EXHIBIT "A" DESCRIPTION OF MERIDIAN WATER MAIN EASEMENT FOR TMI GROUP, INC. EASEMENT # 1 A parcel of land being a portion of Lot 8 of Block 3 of Destination Place Subdivision as on file in Book 93 of Plats afi Pages 11190 #hrough 11192 in the Office of the Recorder for Ada County, Idaho, said parcel being situated in the SW 1/4 of Section 17, T.3N., R.1E., B.M., Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at the Southwest corner of said Lot 8; thence along the West line of said Lot 8 North 00°28'21" East 31.69 feet to a point; thence leaving said West line South 89°24'21" East 15.00 feet to a point on the East line of an Access and Utility Easement as shown on said Destination Place Subdivision which point is also the POINT OF BEGINNING; thence along said East line North 00°28'21" East 65.44 feet to a point; thence leaving said East line North 67°38'32" East 44.60 feet to a point; thence South 89°51'28" East 64.14 feet to a point; thence North 46°57'32" East 33.70 feet to a point; thence North 82°24'32" East 64.69 feet to a point; thence at right angles North 07°35'28" West 3.00 feet to a point; thence at right angles North 82°24'32" East 20.00 feet to a point; thence at right angles South 07°35'28" East 23.00 feet to a point; thence at right angles South 82°24'32" West 78.29 feet to a point; thence South 46°57'32" West 35.22 feet to a point; thence North 89°51'28" West 68.08 feet to a point; thence South 67°38'32" West 43.62 feet to a point on a line that is parallel with and 5.00 feet East of said East line of Access and Utility Easement; thence long said parallel line South 00°28'21" West 45.86 feet to a point on the North line of said Access and Utility Easement; thence along said North line North 89°24'21" West 5.00 feet to the POINT OF BEGINNING; Said Parcel Contains 4,861 Square Feet, more or less. Together with EASEMENT # 2 A parcel of land being a portion of Lot 8 of Block 3 of Destination Place Subdivision as on file in Book 93 of Plats at Pages 11190 through 11192 in the Office of the Recorder for Ada County, Idaho, said parcel being situated in the SW 1/4 of Section 17, T.3N., R.1 E., B.M., Meridian, Ada County, Idaho and more particularly described as follows: 3041-water-easement.doc-dnm ~~~e TEALEY'S LAND SURVEYING Project No.: 3041 Exhibit "A" {cont.) 187 E. 50th Street, Garden City, Idaho 83714`(208) 385-0636 Page 2 of 2 COMMENCING at the Southwest comer of said Lot 8; thence along the South line of said Lot 8 South 89°31'41" East 87.03 feet to a point; thence leaving said South line at right angles North 00°28'19" East 15.00 feet to a point on the North line of an Access and Utility Easement as shown on said Destination Place Subdivision which point is also the POINT OF BEGINNING; thence leaving said North line North 00°28'19" East 7.50 feet to a point; thence at right angles South 89°31'41" East 15.00 feet to a point; thence at right angles South 00°28'19" West 7.50 feet to a point on said North line an Access and Utility Easement; thence along said North line North 89°31'41" West 15.00 feet to the POINT OF BEGINNING; Said Parcel Contains 112 Square Feet, more or less. 3041 water-easement.doc-dnm pgge~ ~ EXHIBIT "B" N. WATER LINE ~AS~M~NT EXHIBIT ~'OR JL TN11 GROUP , INC . ~~ PORTIONS OE LOT 8, BLOCK 3, DESTINATION PLACE SUB SITUATED IN THE SW I/4 OE SECT. 17 T.3N., R.IE., B.M., 2310 E. CINEMA DRIVE ~~""- ~ _ MERIDIAN, ADA COUNTY, IDAHO ' _ - f~ - - ~ - _ NE COR. LOT 8 " ` - - i - _ _ ~ -"- I _ _ I ^--_- `_ ~_NW COR. LOT 8 N 07°35'28" W N 82°24'32° E 3.00' ~ 20.00 N 82°24'32" ~ 64.69 ` 78.29' S 82°24'32" W 23.00' S 07°35'28" E N " "" `" " EASEMENT #2 c v o POB SASS. #2 7.50' S 89°24'21° E O / ~~2 JC.~ 15.00' ° / S 89°31'41" E Z ~ ~ 15.00' ,N 89°24'21" W POB EASE I ~ 5.00' S 00°28'19° W / 7.50' EXIST. 10" WATER MAIN °` I _~ ~°• L--------- -~ --- - '^ N 00°28'19° E N 89°31'41° W 15.00' ° 15.00' _ _ 87.03 _ _ S 89'31'41° E 236.92' ~. SW COR. LOT 8 ~ EXIST. ACCESS & UTILITY ~ EASEMENT PER PLAT OF' DESTINATION PLACE 149.89' SE COR. LOT 8 F' ~n e~n February 9, 2007 MERIDIAN CITY COUNCIL MEETING February 13, 2(~7 APPLICANT ITEM NO. 7-~ REQUEST Memorandum of Agreement and Assurances for the FY07 Certified Locai Government Grant Documents AGENCY COMMENTS CITY CLERK: Se® attached 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: Contacted: Date: Phone: _ Emailed: Staff Initials: Materiels presented at pubBc meetings shall become property of the City of Meridian. ~~ .~ • ~ ~~ r ~~ ,/' CITY OF ~~ ~_~ ~_%'1Vl eYlG~1G~"l~ _~ ~ IDAHO tip. ~<~. ~'~~ o Y /~ THe.~sutx~ V.~ g C 1903 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree Shaun Wardle CITY DEPARTMENTS City Attorney/HR 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234 /fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579/fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533/fax 888-6854 Police 1401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 /fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 /fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 /fax 884-0744 - Water 2235 N.W. 8th Street 888-5242/fax 884-1159 February 22, 2007 Ann Swanson Idaho State Historical Society 2205 Old Penitentiary Road Boise, Idaho 83712 • RE: FY 47 Certified Local Government Grant Documents Dear Ann, Enclosed please find three signed originals of the above referenced documents. Please return a completed document to my off ce upon signature by the State Historic Preservation Officer. Please feel free to contact our office if you have any concerns. Sincerely, (~ ~` ~~ ~~1 /l~~ fYlC.~YG47z~J Sharon Smith Senior Deputy City Clerk City of Meridian cc: Walt Lindgren, Chairman -Historic Preservation Commission Will Berg, City Clerk CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83042 (208) 888-4433 CITY CLERK -FAX 888-4218 FINANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119 Printed on recycled paper IDAHO STATE HISTORICAL 6+ SOCIETY ~ "The History and Preservation People" Our mission: to educate through the identification, preservation, and interpretation of Idaho's cultural heritage. www.idahohistory.net James E. Risch Governor of Idaho Administration 2205 Old Penitentiary Road Boise, Idaho 83712-8250 Office: (208) 3342682 Fax: (208) 3342774 Archaeological Survey of Idaho 210 Main Street Boise, Idaho 83702-7264 Office: (208) 3343847 Fax: (208) 3342775 Historical Mnsenm and Edvcatioa Programs 610 North Julia Davis Drive Boise, Idaho 83702-7695 Office: (208) 3342120 Fax: (208) 334.4059 Historic Preaervatioa Oface 210 Main Street Bnise, Idaho 83702-7264 Office: (208) 3343861 Fen: (208) 3342775 Historic Sites Office 2445 Old Penitentiary Road Boise, Idaho 83712-8254 Office: (208) 3342844 Fax: (208) 3343225 Public Archives and Research Library 2205 OId Penitentiary Road Boise, Idaho 83712-8250 Public Archives Office: (208) 3342620 Fax: (208) 3342626 Research Library Office: (208) 3343356 Fax: (208) 3343198 Oral History Office: (208) 3343863 Fax: (208) 3343198 February 2, 2007 TO: CLG Grants Coordinator FROM: Ann Swanson, Grants Operations Specialists Ann.swanson(cr~,ishs.idaho.~ov 208.334.3861 ex. 104 RE: FY07 Certified Local Government grant documents Enclosed find two copies of the Memorandum of Agreement and Assurances for the FY07 Certified Local Government grant to your community. Please have the appropriate government official sign the documents and return them to me. I will have our State Historic Preservation Officer (SHPO) sign and return a fully executed copy to you. For those communities where a government staff member does not administer the grant, please ensure a copy is given to the city or county clerk for their files. At this time, Congress has funded the federal government through a series of Continuing Resolutions allowing for partial grant awards. Without question, each CLG will receive $1,400. Although there is no guarantee for additional funding this fiscal year, we do anticipate continued support and expect to be able to pass through the amount of money previously identified on the attached chart. If you have any further questions about staging this grant, please contact me. We look forward to working with each of you again. Do not hesitate to contact our office if you feel we can be of assistance in any way. Our grant manual is on-line at the Idaho State Historical Society web site http://www.idahohistory.net/cl~granthandbook pdf for further guidance. 0 The Idaho State Historical Society is an Equal Opportunity Employer. CLG AWARDS FOR FY07 v§ Ada County $3,500 Provide funding for Commission Assistance and Mentoring Program (CAMP) and assist with design for the Schick-Ostolasa Farmstead restoration American Falls 2,500 Prepare a National Register nomination for Dr. Harms Residence Adams Co. 2,500 Attend CAMP, conduct rural reconnaissance survey Boise 5,000 Assist with CAMP and update 20 year old survey data Caldwell 3,500 Attend CAMP and continue Oregon Trail survey Hailey 2,000 Continue reconnaissance survey in residential area Idaho Falls 3,500 Attend CAMP, prepare second edition of coloring book of downtown buildings, sponsor a walking tour, prepare historic design guidelines Latah County 5,550 Complete the Multiple Property Documentation form for rural properties and prepare one National Register nomination under the MPD McCall 2,000 Review and update development plan for the Central Idaho Interpretive Museum (Southern Idaho Timber Protective Assoc.) Meridian 3,000 Assist with CAMP, continue reconnaissance survey Nampa 3,500 Create a local historic preservation plan Owyhee Co. 3,500 Attend training and conduct historic records survey Pocatello 6,500 Assist with CAMP, provide staff for the Historic Preservation Commission, create residential design guidelines, and produce calendar Rupert 2,400 Attend CAMP and host preservation week activities Twin Falls City 5,000 Create two new local historic districts Twin Falls Co. 3,000 Prepare local history documenting properties listed in the National Register of Historic Places Weiser 2,500 Reprint "Weiser: A Look at Idaho Architecture" Total ~ $59,450.00 FY07/CLGfinalawards ~-~ = MEMORANDUM OF AGREEMENT THIS AGREEMENT between the Idaho State Historic Preservation Office, Idaho State Historical Society, by and through the State Historic Preservation Officer, and the City of Meridian hereinafter called the grantee, relates to a survey and planning project to be undertaken by the grantee, assisted with a matching grant-in-aid to support the National Register of Historic Places program in Idaho. The program was established by the National Historic Preservation Act of 1966, as amended, and is administered by the National Park Service, U.S. Department of the Interior. The State Historical Society and the grantee agree as follows: 1. Application (Project Description and Budget) The grantee shall carry out project work as specified in the Application and other attachments, which are hereby incorporated -into and made part of this Memorandum of Agreement as Attachment A. The grantee shall carry out project work in accordance with the project "Budget," which is attached and hereby incorporated into and made part of this Memorandum of Agreement as Attachment B. Both parties agree that all funds used by the Idaho State Historical Society for this project shall be federal funds from the Historic Preservation Fund. No state funds are available to satisfy the terms of this agreement. Any major alteration, increases, or decreases in the Project Description or any changes in the Budget must be submitted in writing for review and approval to the State Historic Preservation Office at least 30 days in advance of the proposed effective date and in accordance with the requirements detailed in the project manual which is attached and hereby incorporated into and made part of this Memorandum of Agreement. The State Historic Preservation Office will respond in writing within 15 days. Final products will be reviewed and evaluated in accordance with the Secretary of the Interior's Standards for Archaeology and Historic Preservation and the ap- proved "Application." Products that do not meet these standards will be rejected and obligation for products established in the "Work Program" will be considered unfulfilled. 2. Period of Performance All work carried out as part of this grant-assisted project shall be conducted between -October 'I, 2006 and the project completion date of -August 30, 2007_ but not until the grantee has received a signed Memorandum of Agreement. Any changes in the period of performance for this project must be approved in writing by the State Historic Preservation Office at least 30 days prior to the project completion date. "1" A draft of any publication prepared as part of this project shall be submitted at least 30 days before the project completion date for review and appr®val by the State Historic Preservation Office. All publications and public information materials including audio visual and workshop materials, when applicable, must contain acknowledgment of National Park Service support and the nondiscrimination statement as identified in NPS-49 and the "CLG Grants Handbook°'. 3. Compensation Compensation to the grantee shall be on a matching basis as outlined in the "Budget", subject to receipt of funds from the National Park Service ar~d to suc- cessful completion of all project work activities. The State Historic Preservation Office agrees to pay the grantee up to $_3,000_ federal funds when ~ceived by the Society according to the Certified Local Government allocation system as outlined in the Certified Local Government Program. The grantee a~-ees to contribute donated services for a minimum total of $_3,000_ or 50% o~ eligible costs, whichever is less. Payment will be made on the following schedule: The grantee may bill fhe State Historic Preservation Office after the completion and acceptance by the Society of each completed activity and federal and non-federal share supporting fiscal documentation. The Idaho State Historical Society will reimburse the federal share to the grantee upon the receipt of three copies of the reimburser~nent request if all completion materials and auditable records are approved_ All reimbursements will be made for cash expenditures only. Reimburser~e~ent will be made when Historic Preservation Funds become available to the Idaho State Historical Society. Final billing must also include a comparison of completed activities anc~ budget to those in the approved application. The grantee agrees to maintain all financial and administrative documents and records pertaining to the full life-cycle of the grant for a period of not lees than three years after completion of the project. 4. Allowable Costs Allowable costs are those costs that are documented to the satisfaction of the State Historic Preservation Office, that conform to the approved budge, and that are determined by the Historic Preservation Office to: a. meet federal requirements for the program; b. be necessary and reasonable for the completion of project work; ~"2~" c. have been incurred for project work during the period of the grant; and d. meet the obligations outlined in the "Application". If the application is for acquisition or development of a National Register listed property: a. a Preservation Agreement or Covenant will be executed prior to our concurrent with disbursement of grant funds. The active period for the agreement is based on the amount of federal funds involved and is defined in Chapter 5, Section B.12 and Chapter 6, Section E.8.f.12 of NPS-49. b. a project sign acknowledging National Park Service assistance will be erected at the project site during the p.roject's term or a copy of a written National Park Service waiver of this requirement. c. for a development project, the architectural plans and specifications must be approved by the Society as being in conformance with the "Secretary of the Interior's Standards for the Treatment of Historic Properties". d. a current appraisal by an appraiser meeting the professional qualifications in Chapter 6 of NPS-49 will. be obtained prior to the acquisition of real property. e. a statement of Just. Compensation will be obtained from the seller of the property prior to the acquisition of real property with National Park Service grant assistance or matching share. 5. Procurement of Personnel and Services The grantee agrees to comply with Office of Management and Budget Circular A- 102 when soliciting supplies, equipment and other services. At a minimum all procurement transactions, regardless of whether by sealed bids or by negotiation, and without regard to dollar value, shall be consistent with OMB Circular A-102. Procurement .procedures shall not restrict or eliminate competition. Written selection procedures shall provide, at a minimum, the following procedural requirements: a. Incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description shall not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product, or service to be procured, and when necessary shall set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product.specifications should be avoided if at all possible. When ~'3" • it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a "brand name or equal" description may be used as a means to define the performance or other salient requirements of a procurement. The specific features of the named brand which must be met by offerors shall be clearly stated. b. Clearly set forth all requirements which offerors must fulfill and all other factors to be used in evaluating bids or proposals, such as a deadline for completion of project work. c. Contract awards shall be made only to responsible contractors that possess the potential ability to perform successfully under the terms and conditions of the proposed procurement. Consideration shall be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. d. Contract awards shall not normally be made to a contractor or professional who has developed or has drafted bid specifications, requirements, a statement of work, an invitation for bids, and/or a request for proposals for a particular procurement. Only after formal advertising has not resulted in any acceptable bids may the grantee or subgrantee negotiate with any available contractor, including the contractor who produced the bid requirements. Procurement shall be made by one of the following methods: (1) small purchase procedures; (2) competitive sealed bids (formal advertising); (3) competitive negotiation; (4) noncompetitive negotiation. Evidence of competitive negotiation for professional services and/or formal advertising must be forwarded to the Historic Preservation Office to evidence compliance with federal procurement requirements prior to disbursement of funds. 6. Project Supervision The grantee agrees to ensure that work pertormed by any project participant conforms to the Application and project schedule and is executed to the professional and scholarly standards required by the Historic Preservation Office. 7. Interim Reports and Requests for Reimbursement The grantee will be required to submit interim fiscal and programmatic reports in compliance with those dates set forth in the Application. Fiscal and programmatic reports are also required on September 10, if the grant crosses the federal fiscal year. Reimbursement requests can be made for federal funds at the completion of the project. Fifteen days after the completion of the project, 100% of the federal grant award must be requested. The grantee shall contact ~'4`" the Historic Preservation Office immediately in writing if any situation should arise that will affect the timely or successful completion of this project. The grantee shall indemnify, defend and save harmless the State of Idaho, and the Department, its officers, agents and employees from and against all liability, claims, damages, losses, expenses, actions and suits whatsoever, including injury or death of others or any employee of the contractor or subcontractor caused by or arising out of performance, act or omission of any term of this contract. THIS AGREEMENT may be terminated short of conclusion upon 15 days written notice from either the State Historic Preservation Office or the grantee. Should this agreement be terminated by the State Historic Preservation Officer, except for reasons of non-compliance by the grantee, the Historic Preservation Office will reimburse the grantee for up to 100% of the eligible costs incurred up to the termination date. Should this agreement be terminated by the grantee, the State Historic Preservation Office, at the discretion of the State Historic Preservation Officer, may reimburse the grantee for up to 100% of the eligible costs incurred to the termination date or may require the grantee to return any or all federal funds transferred to the grantee by the terminating date, depending upon the circumstances of the termination. THE PARTIES hereto mutually agree to perform this agreement in accordance with this agreement and its attachments. This agreement becomes effective upon signature by the parties below. Ken Reid, Ph. D., Deputy Date State Historic Preservation Officer °°\\~~~~~~i it urrrrrrr`~ ~r City of r' ian °,°°°,~~ ~~, ~~~-a--ov~c-~ .fir G~f~ ~'s~~~-,~ /3 O ~~ ~ ~®~~= ~~~~ - . ~ ~' '''`'Fr~rrr10P98 11140i10~°', 2 -1~~07 "5~ 4 ASSURANCES The Participant hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements, including OMB Circulars (A-21, A-87, A-102, A-110, A-122, A-128, A-133) and the National Register Programs Guidelines (49) as they relate to the application, acceptance and use of federal funds for this federally-assisted project. Also the Participant assures and certifies to the grantor that: 1. It possesses legal authority to apply for the grant (and, as applicable, to finance and construct the proposed facilities); that a resolution, motion, or similar action has been duly adopted or passed as an official act of the Participant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the Participant to act in connection with the application and to provide such additional information as may be required. It has the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project costs) to ensure proper planning, management and completion of the project described in this application. 2. It will establish safeguards to prohibit employees from using their positions for a purpose that is, or gives the appearance of, personal or organizational conflict of interest, motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 3. It will assist the federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archaeological and Historic Preservation Act of 1974 (16 USC 469a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, or notifying the federal grantor agency of the existence of any such properties, and by (b) complying with all requirements established by the federal grantor agency to avoid or mitigate adverse effects upon such properties. 4. It will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 5. It will comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g} §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to non-discrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. D1-1350 The Participant/Applicant certifies that, as a condition to receiving any federal financial assistance from the Department of the Interior, it will comply with all federal laws relating to nondiscrimination. These laws include but are not limited to: (a) Title VI of Civil Rights Act of 1964 (42 U.S.C. 2000d-1), which prohibits discrimination on the basis of race, color, or national origin; (b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibits discrimination on the basis of handicap; (c) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 et seq.); which prohibits discrimination on the basis of age; and applicable regulatory requirements to the end that no person in the United States shall, on the grounds of race, color, national origin, handicap or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity conducted by the applicant. THE APPLICANT HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to effectuate this agreement. THIS ASSURANCE shall apply to all aspects of the applicant's operation including those parts that have not received or benefited from federal financial assistance. If any real property or structure thereon is provided or improved with the aid of federal financial assistance extended to the Applicant by the Department, this assurance shall obligate the Applicant, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is so provided, this assurance shall obligate the Applicant for the period during which it retains ownership or possession of the property. In all other cases, this assurance shall obligate the Applicant for the period during which the federal financial assistance is extended to it by the Department. • THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all federal grants, loans, contracts, property, discounts or other federal financial assistance extended after the date hereof to the Applicant by the Department, including installment payments after such date on account of applicants for federal financial assistance which were approved before such date. The Applicant recognizes and agrees that such federal financial assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United States shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant; its successors, transferees, assignees, and subrecipients and the person whose signature appears below who is authorized to sign this assurance on behalf of the Applicant. 6. It will cause work on the project to be commenced within a reasonable time after receipt of notification from the approving federal agency that funds have been approved and that the project will be prosecuted to completion with reasonable diligence. 7. 18 USC 1913. No part of the money appropriated by any enactment of Congress shall, in the absence of express authorization by Congress, will be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner a Member of Congress, to favor or oppose, by vote or otherwise, any legislation or appropriation by Congress, whether before or after the introduction of any bill or resolution proposing such legislation or appropriation; but this shall not prevent officers or employees of the United States or of its departments or agencies from communicating to Members of Congress on the request of any Member of Congress, through the proper official channels, requests for legislation or appropriations which they deem necessary for the efficient conduct of the public business. Whoever, being an officer or employee of the United States or of any department or agency thereof, violates or attempts to violate this section, shall be fined not more than $500 or imprisoned not more than one year, or both; and after notice and hearing by the superior officer vested with the power of removing him, shall be removed from office or employment. (June 25, 1948, ch. 645, 62 Stat. 792.) 8. It will ensure all activities will comply with the Department of the Interior Standards for Preservation Planning, Identification, Evaluation, Registration, Historical Documentation, Architectural and Engineering, Archaeological Documentation, Treatment for Historic Preservation Projects, and Professional Qualifications. 9. DI 1953. Certification Regarding Debarment, Suspension, Ineligibility and • Voluntary Exclusion. Lower Tier Cover Transactions. This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 43 CFR Part 12, Section 12.5.10, Participants' responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). Copies of the regulations are included in the proposal package. For further assistance in obtaining a copy of the regulations, contact the U.S. Department of the Interior, Acquisition and Assistance Division, Office of Acquisition and Property Management, 18th and C Streets, N.W., Washington, D.C. 20240. (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation~to this proposal. 10. It will cause to be performed the required financial and compliance audits in accordance with the single Audit Act of 1984. 11. It will comply with all applicable requirements of all other federal laws, executive orders, regulations and policies governing this program. 12. It will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchases. 13. It will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 14. It will comply with the provisions of: Executive Order 11296, relating to evaluation of flood hazards, and Executive Order 11288, relating to the prevention, control, and abatement of water pollution. 15. It will operate and maintain the facility in accordance with the minimum standards as may be required or prescribed by the applicable federal, State, or local agencies for the maintenance and operation of such facilities. 16. It will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal interest in the title of real property in accordance with awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project. 17. It will require the facility to be designed to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and .Usable by, the Physically Handicapped," NumberA117.1-1961, as modified (41 CFR 101.17.703). The Participant will be responsible for conducting inspections to ensure compliance with these specifications by the contractor. 18. It will obtain approval by the appropriate federal agency of the final working drawings and specifications before the project is advertised or placed on the market for bidding; that it will construct the project, or cause it to be constructed, to final completion in accordance with the application and approved plans and specifications; that it will submit to the appropriate federal agency for prior approval changes that alter the costs of the project, use of space, or functional layout; that it will not enter into a construction contract(s) for the project or undertake other activities until the conditions of the construction grant program(s) have been met. 19. It will provide and maintain competent and adequate engineering supervision and inspection at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progress reports and such other information as may be required by the assistance awarding agency or State. 20. It will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residential structures. 21. It will comply with the minimum wage and maximum hours provisions of the federal Fair Labor Standards Act, as they apply to hospital and educational institution employees of State and local governments. 22. In accordance with E.O. 11755, it will ensure no person undergoing a sentence of imprisonment at hard labor shall be employed on a Historic Preservation Fund assisted grant work. Labor performed by state prisoners who are on work release, parole, or probation does not fall under this prohibition. 23. It will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OMB's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 24. It will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), the Copeland Act (40 U.S.C. § 276c and 18 U.S.C. §§ 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327- 333), regarding labor standards for federally assisted construction subagreements. 25. It will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in flood plains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et. seq.); (f) conformity of federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205). 26. Environmental Certification: Based upon a review of the application, proposal narrative, and the supporting documentation contained in the application, it has been determined that the proposed HPF project described in this notification meets the criteria for categorical exclusion listed in the National Register Program Manual NPS 49, Chapter 11, page 2, 4a, numbers 1,3,6,7, and 11. 27. It will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 28. It will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 29. It will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 30. It will indemnify, defend and save harmless the State of Idaho, and the Idaho State Historical Society, its officers, agents and employees from and against all liability, claims, damages, losses, expenses, actions and suits whatsoever, including injury or death of others or any employee of the contractor or subcontractor caused by or arising out of performance, actor omission of any term of this contract. 31. In accordance with National Park Service requirements, it agrees that repayment will be made if terms and conditions of this agreement are not followed or if costs claimed are disallowed following audit. 32. It will obtain federal, state, and local permits and permission to conduct the project from all appropriate agencies, departments, and owners before the project begins. This may include, but is not limited to, obtaining permission from private property owners to access the property, research permits from involved federal agencies to conduct archaeological investigation on federal land, and a permit from the Idaho State Historical Society to conduct archaeological excavation on state land. 33. It will meet the requirements of Idaho Public Records Law I.C.§ 9-3-340E (Exemptions from Disclosure -Archaeological, Endangered Species, Libraries, Licensing Exams). In relevant part, this section exempts from public disclosure records, maps or other records identifying the location of archaeological or geophysical sites, if those sites are not already known to the general public. 34. It agrees that this project will comply with all of the above assurances that the State Historic Preservation Office must provide to the Department of the Interior. The Participant acknowledges and agrees to pertorm under this agreement as an independent contractor and not as an employee of the State of Idaho, and as such is solely responsible for his or her acts or that of his or her employees, servants, agents, or assigns in carrying out the obligations hereof. The Participant further agrees that he or she is solely responsible for all taxes (federal, state, or local) including unemployment, social security, or payroll taxes to which activities under this agreement may be subject. Date The City of Meridian ! ~ September 14, 2006 Ann Swanson Grants Operations Analyst Idaho State Historical Society 210 Main St., Boise, ID 83702 (208) 334-3861 ext. 104 voice Dear Ann - The purpose of this letter is to request from the State Historic Preservation Office federal Historic Preservation Funds for an amount totaling $3,000. As you may be aware, the City of Meridian has funded the Historic Preservation Commission with $11,700 for the fiscal year of 2007. For FY2007, the Commission has identified financing needs for four primary goals. They are as follows: a. $6,000 for continuation of survey reconnaissance to identify suitable structures to be included in the Historical Preservation Register per the City of Meridian Comprehensive Plan. This may also include registration fees for one or two structures identified as candidates to be listed on the Historical Preservation register at a cost of approximately $2,000 per structure. b. $1,500 for HPC member to attend training/educational seminar (seminar and location to be determined). The focus is to learn how other commissions have overcome similar challenges facing Meridian's HPC (ie. developed successful projects, generate public awareness). c. $4,000 to generate public awareness and community participation in the preservation process through educational programs, walking tours, workshops, etc. HPC recognizes one of the most important mandates this commission has been given is to generate a greater awareness among the City's citizens of Meridian's historical value. d. $200 to continue memberships with preservation organizations such as Preservation Idaho, Idaho State Historical Society, National Trust for Historic Preservation and the National Alliance of Preservation Commissions. We appreciate, in advance, your consideration of federal funding for the City of Meridian Historic Preservation Commission. Please do not hesitate to contact me if you have any questions or comments regarding this request. Walter dgren, Chair City of ridian Historic Preservation Commission MEMORANDUM OF AGREEMENT THIS AGREEMENT between the Idaho State Historic Preservation Office, Idaho State Historical Society, by and through the State Historic Preservation Officer, and the City of Meridian hereinafter called the grantee, relates to a survey and planning project to be undertaken by the grantee, assisted with a matching grant-in-aid to support the National Register of Historic Places program in Idaho. The program was established by the National Historic Preservation Act of 1966, as amended, and is administered by the National Park Service, U.S. Department of the Interior. The State Historical Society and the grantee agree as follows: 1. Application (Project Description and Budget) The grantee shall carry out project work as specified in the Application and other attachments, which are hereby incorporated into and made part of this Memorandum of Agreement as Attachment A. The grantee shall carry out project work in accordance with the project "Budget," which is attached and hereby incorporated into and made part of this Memorandum of Agreement as Attachment B. Both parties agree that all funds used by the Idaho State Historical Society for this project shall be federal funds from the Historic Preservation Fund. No state funds are available to satisfy the terms of this agreement. Any major alteration, increases, or decreases in the Project Description or any changes in the Budget must be submitted in writing for review and approval to the State Historic Preservation Office at least 30 days in advance of the proposed effective date and in accordance with the requirements detailed in the project manual which is attached and hereby incorporated into and made part of this Memorandum of Agreement. The State Historic Preservation Office will respond in writing within 15 days. Final products will be reviewed and evaluated in accordance with the Secretary of the Interior's Standards for Archaeology and Historic Preservation and the ap- proved "Application." Products that do not meet these standards will be rejected and obligation for products established in the "Work Program" will be considered unfulfilled. 2. Period of Performance All work carried out as part of this grant-assisted project shall be conducted between _October 1, 2006 and the project completion date of _August 30, 2007_ but not until the grantee has received a signed Memorandum of Agreement. Any changes in the period of performance for this project must be approved in writing by the State Historic Preservation Office at least 30 days prior to the project completion date. '" 1'" ~ ~ A draft of any publication prepared as part of this project shall be submitted at least 30 days before the project completion date for review and approval by the State Historic Preservation Office. All publications and public information materials including audio visual and workshop materials, when applicable, must contain acknowledgment of National Park Service support and the nondiscrimination statement as identified in NPS-49 and the "CLG Grants Handbook". 3. Compensation Compensation to the grantee shall be on a matching basis as outlined in the "Budget", subject to receipt of funds from the National Park Service and to suc- cessful completion of all project work activities. The State Historic Preservation Office agrees to pay the grantee up to $_3,000_ federal funds when received by the Society according to the Certified Local Government allocation system as outlined in the Certified Local Govemment Program. The grantee agrees to contribute donated services for a minimum total of $_3,000_ or 50% of eligible costs, whichever is less. Payment will be made on the following schedule: The grantee may bill the State Historic Preservation Office after the completion and acceptance by the Society of each completed activity and federal and non-federal share supporting fiscal documentation. The Idaho State Historical Society will reimburse the federal share to the grantee upon the receipt of three copies of the reimbursement request if all completion materials and auditable records are approved. All reimbursements will be made for cash expenditures only. Reimbursement will be made when Historic Preservation Funds become available to the Idaho State Historical Society. Final billing must also include a comparison of completed activities and budget to those in the approved application. The grantee agrees to maintain all financial and administrative documents and records pertaining to the full life-cycle of the grant for a period of not less than three years after completion of the project. 4. Allowable Costs Allowable costs are those costs that are documented to the satisfaction of the State Historic Preservation Office, that conform to the approved budget, and that are determined by the Historic Preservation Office to: a. meet federal requirements for the program; b. be necessary and reasonable for the completion of project work; ~"2'" i • c. have been incurred for project work during the period of the grant; and d, meet the obligations outlined in the "Application". If the application is for acquisition or development of a National Register listed property: a. a Preservation Agreement or Covenant will be executed prior to our concurrent with disbursement of grant funds. The active period for the agreement is based on the amount of federal funds involved and is defined in Chapter 5, Section B.12 and Chapter 6, Section E.8.f.12 of NPS-49. b. a project sign acknowledging National Park Service assistance will be erected at the project site during the project's term or a copy of a written National Park Service waiver of this requirement. c. for a development project, the architectural plans and specifications must be approved by the Society as being in conformance with the "Secretary of the Interior's Standards for the Treatment of Historic Properties". d. a current appraisal by an appraiser meeting the professional qualifications in Chapter 6 of NPS-49 will be obtained prior to the acquisition of real property. e. a statement of Just Compensation will be obtained from the seller of the property prior to the acquisition of real property with National Park Service grant assistance or matching share. 5. Procurement of Personnel and Services The grantee agrees to comply with Office of Management and Budget Circular A- 102 when soliciting supplies, equipment and other services. At a minimum all procurement transactions, regardless of whether by sealed bids or by negotiation, and without regard to dollar value, shall be consistent with OMB Circular A-102. Procurement procedures shall not restrict or eliminate competition. Written selection procedures shall provide, at a minimum, the following procedural requirements: a. Incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description shall not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product, or service to be procured, and when necessary shall set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product specifications should be avoided if at all possible. When „ 3., • 6. 7. it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a "brand name or equal" description may be used as a meant to define the performance or other salient requirements of a procurement. The specific features of the named brand which must be met by offeror' shall be clearly stated. b. Clearly set forth III requirements which offerors must fulfill and all other factors to be use in evaluating bids or proposals, such as a deadline for completion of project work. c. Contract awards shall be made only to responsible contractors that possess the potential ability to perform successfully under the terms and conditions of the proposed procurement. Consideration shall be given to such matters as dontractor integrity, compliance with public policy, record of past performance, and financial and technical resources. d. Contract awards Shall not normally be made to a contractor or professional who has developed or has drafted bid specifications, requirements, a statement of work, an invitation for bids, and/or a request for proposals for ~ particular procurement. Only after formal advertising has not resulted iq~ any acceptable bids may the grantee or subgrantee negotiate with and available contractor, including the contractor who produced the bid requirements. Procurement shall be m~de by one of the following methods: (1) small purchase procedures; (2) competitive sealed bids (formal advertising); (3) competitive negotiation; (4) noncompetitive negotiation. Evidence of competitive ~~negotiation for professional services and/or formal advertising must be forwprded to the Historic Preservation Office to evidence compliance with federal procurement requirements prior to disbursement of funds. Project Supervision The grantee agrees toe sure that work performed by any project participant conforms to the Application and project schedule and is executed to the professional and scholarly standards required by the Historic Preservation Office. Interim Reports and Requests for Reimbursement The grantee will be required to submit interim fiscal and programmatic reports in compliance with those dues set forth in the Application. Fiscal and programmatic reports ar$ also required on September 10, if the grant crosses the federal fiscal year. imbursement requests can be made for federal funds at the completion of the roject. Fifteen days after the completion of the project, 100% of the federal gran award must be requested. The grantee shall contact ~4.. n ~~ n the Historic Preservation Office immediately in writing if any situation should arise that will affect the timely or successful completion of this project. '~ The grantee shall inde nify, defend and save harmless the State of Idaho, and the Department, its officers, ag nts and employees from and against all liability, claims, damages, losses, expenses, a tions and suits whatsoever, including injury or death of others or any employee of the ontractor or subcontractor caused by or arising out of performance, act or omission any term of this contract. THIS AGREEMENT may be terminated short of conclusion upon 15 days written notice from either the State Historic Preservation Office or the grantee. Should this agreement be terminated by the State His~oric Preservation Officer, except for reasons of non-compliance by the grantee the Historic Preservation Office will reimburse the grantee for up to 100% of the ligible costs incurred up to the termination date. Should this agreement be terminated y the grantee, the State Historic Preservation Office, at the discretion of the State Hist ric Preservation Officer, may reimburse the grantee for up to 100% of the eligible cost incurred to the termination date or may require the grantee to return any or all fed ral funds transferred to the grantee by the terminating date, depending upon the circumstances of the termination. THE PARTIES hereto mutually'agree to perform this agreement in accordance with this agreement and its attachments+ This agreement becomes effective upon signature by the parties below. ' Ken Reid, Ph. D., Deputy ~' --- State Historic Preservation Officer 6s°"s ivs"!: City of M `~~ - f~~ `~® .. ` ~~° a .~ T q~$. ~,. w r~s/sr'F~ft-If1IP1 1ii141{{{{{~``~4~~\ Date 2-/.3-® ~ ..5.. February 9, 2007 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Approve Task Order t and review at o Time and Materi AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: 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: Contacted: Emailed: Materials presented at February 13, 2007 ITEM NO. 7-~ o. 3 for HDR Engineering, Inc, for ISDE oversight I basis not to exceed $S.000.t~ COMMENTS See attached d V g v`¢' Date: Phone: _ Staff Initials: meefM~s shah become propert~- of the Cify of Meridian. •I t ', TASK ORDER N0.3 CiITfY OF MERIDIAN (OWNER) AND HDR This Task Order is issued by promises, covenants and cor above named parties, dated INITIAL DISTRIBUTION BACKGROUND INC. (CONSULTANT OR ENGINEER} 1 J..G\ and accepted by the Consultant pursuant to the mutual contained in the Master Services Agreement between the 24, 2007. SCOPE OF SERVICES OF MERIDIAN, IDAHO STEM EVALUATION (IDSE) OVERSIGHT AND REVIEW The US Environmental Protection gency (EPA) has promulgated the Stage 2 Disinfection Byproduct Rule (DBPR). The obje tive of the rule is to lower consumer health risks from disinfection byproducts (DBP). Thl rule affects nearly all community water systems, including the City of Meridian. Initial Distribution System To establish permanent DBP moni the Stage 2 Rule to complete an Ir system qualifies fora 40/30 certific identify monitoring locations within trihalomethane (TTHM) and haloai complete, an IDSE report must be assist water systems and regulator manual has been provided by the I guidance document explains the tv requirements. Standard Monitoring Program ring sites, water system operators may be required under al Distribution System Evaluation (IDSE) unless the water :ion (described below). The IDSE is intended to accurately le distribution system that represent high total tic acid (HAA5) concentrations. Once the IDSE is abmitted to the primacy agency for review. In order to agencies through the IDSE process, a draft guidance 'A. In accordance with the proposed rule, the 200 page options for conducting an IDSE and exemption The first option for conducting an I SE is referred to as the Standard Monitoring Program {SMP}. An SMP approach require one year of distribution system monitoring on a specified schedule throughout the distributio system. The frequency and number of samples required are determined by the system size the source water type and the number of treatment plants. Under the SMP approach samplin ,testing, analysis, site selection and IDSE report completion is estimated to require 15 months f effort. The guidance manual provides sa piing site selection advice for meeting IDSE requirements. Site selection is expected to rely o numerous information sources such as water quality data, operating data, tracer studies, hyd aulic models, GIS information, maps and others as necessary. The evaluation of sele tion sites must demonstrate adequate consideration of system information necessary to i entify and select appropriate monitoring sites. Page 1 of 7 February 5, 2007 M:\Proposals & Quals\Water\City of MerldianUVlleridian IDSEUDSE Task Order3-2007-02-05.doc ~i' ~ ~ System-Specific Study Another option for conducting an historical DBP data, water distribi approaches. Any results from an containing high DBP concentratio satisfy IDSE requirements may bi cost of SMP sampling and lab an, model. For systems with existJng even greater. The objective of an SSS model is 1 the distribution system. To satisfy benchmark criteria. Models must I operations over extended periods. consumption demands, appropriate extended period and water quality at least 50 percent of the total syst volume. Geo-coded water billing r consumptive demands. Diurnal p2 during the model simulations. Cali levels and verify model predicted \~ either fits these critiera already or ~ 40130 Certification is to perform aSystem-Specific Study (SSS) using system modeling or a number of other possible ~ must produce equal or superior identification of sites Municipalities lacking extensive historical data sufficient to t from the development of an IDSE hydraulic model. The s can outweigh the investment cost in developing an SSS raulic models, such as Meridian, the cost benefit can be ~ define water movement pattems and residence time within DSE requirements, models must meet a number of e capable of accurately simulating water quality and system This requires a detailed model with accurately distributed diurnal usage pattems and adequate steady-state, calibration. The model must be detailed enough to represent em pipe length and 75 percent of the tots[ system pipe cords are the recommended method for distributing terns must vary demands each hour for a week or more gyration is expected to address system flows, pressures, tank Ater age with measured system samples. Meridian's model Quid be easily modified to fit these criteria. Distribution systems with low histo c DBP concentrations, such as Meridian, may be granted a certificate in lieu of monitoring and r the IDSE requirement. Data must demonstrate that ail TTHM results and all HAAS results re less than 40 pg/L and 30 pg/L, respectively, for at least a two-year period, including all Sta e 1 compliance monitoring sites. The required data must be submitted in an IDSE report alo g with recommendations for where and during which month(s) Stage 2 monitoring shout be conducted. Very Small System Waiver A waiver fior IDSE monitoring may ~ issued for small systems if certain criteria are met. This does not apply to Meridian. 'I IDSE Report Except for small systems that have a waiver for IDSE monitoring, all public drinking water systems will be required to submit n fDSE report to the state. The report must include recommendations for Stage 2 moni oring sites and all necessary supporting documentation, such as studies, reports, analytical esults, and modeling, the original monitoring plan, a schematic of the distribution syste~, and a 40/30 certification, if pertinent. PURPOSE III The purpose of this task order is to 'provide oversight and review of a 40/30 Certification Letter and accompanying documentation rom Meridian to the EPA, and describe future activities that will be required of Meridian by the PA or DEQ under the Stage 2 DBP Rule. Page 2 of 7 February 5, aoo7 M:\Proposals & Quals\WaterlCity of Meridian\Me~idian IDSEUDSE Task order3-2007-02-05.doc ~I'~ PROPOSED SCOPE OF The proposed scope of consultant ACTIVITY 1. REVIEW 40/30 Objective. Provide Meridian with Approach. Consultant will review Consultant will provide an overall s the City of Meridian. The following is to conduct the following tasks. review of IDSE materials prior to submittal to EPA. draft letter to EPA, and water system schematic, and ale of future IDSE/Stage 2 DBP Rule requirements for asks will be performed: Subtask 1.1. Review Sampling ata. Consultant will review at least 2 consecutive years of DBP monitoring at S age 1 locations and provide comments regarding the applicability of these data for 40/30 Certification under the Stage 2 DBP Rule. Subtask 1.2. Review 40/30 Certification Letter. Consultant will review draft 40/30 Certification Letter a ~d provide comments to Meridian prior to Meridian's submittal of the lette l to the EPA. Subtask 1.3. Review Water Syst m Schematic of Stage 1 DBP Monitoring Locations. Consultant will revie the water system schematic which will show the Stage 1 DBP monitoring loca ions and provide comments to Meridian prior to Meridian's submittal of the 40/3 Certification Letter to the EPA. Subtask 1.4. Develop Multi-Year Schedule of Stage 2 DBP Compliance Activities. Consultant will prep re a schedule of Stage 2 DBP Rule compliance activities that are specific to t e City of Meridian. City Responsibilities. City respor~sibil'rties are as follows: • Lead communications with EPAI and DEQ. • Transmit ail three consecutive years of Stage 1 DBP monitoring results to Consultant for review. • Prepare draft 40130 Certification Letter and accompanying materials from Meridian to EPA for review by Consultant. j • Prepare draft Water System for review by Consultant. • Prepare fina140/30 • Prepare final Water System S and submit to EPA with 40/30 which shows the Stage 1 DBP monitoring locations Letter and submit to EPA. atic which shows the Stage 1 DBP monitoring locations ~ication Letter. • Meet deadlines defined by EPA for Schedule 2 systems. Assumptions. Assumptions are a~ follows: • This task order does not includ ~ preparation of a System Specific Study (SSS) or Standard Monitoring Program (SMP), nor~the preparation of a SSS Plan or SMP Plan. Page 3 of 7 ! February 5, 2007 M:\Proposals & Quals\Water\City of MeridianWte~idian IDSEUDSE Task Order3-2007-02-05.doc •i~ ~ • City has completed at least 2 y ars of DBP monitoring and all sampling results are less than half of the Maximum Contamin nt Leve! (MCL) for Totai Trihalomethanes (TTHM) and Haloacetic Acids (HAAS). • Deliverables may be provided ir~ electronic form transmitted via email correspondence. Products. De{iverable products ar~ as follows: • Review comments regarding s~mpling data (if necessary). • Review comments regarding daft 40/30 Cert~cation Letter. • Review comments regarding w~ter system schematic with Stage 1 DBP monitoring locations. • Multi-year schedule of requireml nts and Stage 2 DBP compliance dates specific to the C' I~ ~Y of Meridian. ~' Page 4 of 7 February 5, 2007 M:\Proposals & Qualslwater\City of MeridianUlAer~dian IDSEUDSE Task Order3-2007-02-05.doc • ~~ ~ LG\ I,IPROJECT SCHEDULE OF MERIDIAN, IDAHO INITIAL DISTRIBUTION YSTEM EVALUATION (IDSE) OVERSIGHT AND REVIEW The revised project schedule for partorming the review work is as follows: Activity or Milestone Notice to Proceed (NTP) Receive Stage 1 DBP Sampling Data from City Provide Comments on Stage 1 Sampling Data to City Receive Draft 40!30 Certification Utter from City Provide Comments on 40/30 Certifi ation Letter to City Provide Schedule of Future Stage DBP Activities Date February 7, 2007 February 9, 2007 February 16, 2007 February 20, 2007 February 26, 2007 March 9, 2007 Page 5 of 7 ', February 5, 2007 M:1Praposals & Quais\Water\City of MerldianUlAer~dian IDSEVDSE Task Orde~'3-2007-02-05.doc • COMPENSATION T ~-,~-~ OF MERTDIA.N, IDAHO INITIAL DISTRIBUTION YSTEM EVALUATION (IDSE) OVERSIGHT AND REVIEW The estimated cost to complete this Scope of Work is presented in the table below. rs Activity 1. 40 HDR will invoice Meridian for professional services described in this Proposal on a time and materials basis. For Activity 1 desc 'bed in the Scope of Services, HDR estimates a professional services fee of not to exceed $5,000 without written authorization from the City. Page 6 of 7 ' February 5, 2007 M:\Proposais & Quals\water\City of MeridianWle~idian IDSEUDSETask Order3-2007-02-05.doc • ~~ ' J~ AUTHORIZATION CI~'Y OF MERIDIAN, IDAHO INITIAL DISTRIBUTION ~YSTEMREE~~UATION (IDSE) OVERSIGHT AND CITY OF MERIDIAN CONSULTANT TAMMY d@ ERD, MAY~R LARRY V. ~i ~ ~^ ~ I'l Z-J~ O A'Lt@St: ~~uuiirrrr . . WILLIAM G. BERG, JR., CITY e~ G ~% ,,, ~~ ~~, ~. ~"~m:.~ T ;s~ • ~ -' ~ ~~ s" ,,~ a ~.* VICE PRESIDENT Page 7 of 7 ! February 5, 2007 M:1Proposals & QualslWaterlCity of MeridianlMe~idian IDSEUDSE Task Ordei3-2007-02-05.doc • Memo Ta Will Berg, City Cleric ~~~ Fran: Keith Watts, Purcthasin~ Agent CGS Brad Watson, P.E. i Dnte: Z/1~07 I, Re: February 13 City Councl Meeting Agent Items The Purct~sing Department ~ Ify requests that the following item be plates on the February 13 City Counal Agenda for Council's consideration. Review. All work under thi;ask Order #3 will be completed pursuant io the terms and tx~nditions of the execut tUlaster Service Agreement dated January 24, 2~7. Recommended Council A ~ 'on: Approve Task Order #3 for HQR Engineering, Inc. for ISDE oversight an review at a Time and Malarial basiswith aNot-To- Exceed amount of $5,t~. ,and authorize the Mayor to sign and City Clerk to attest. Thank you for your oonsiderati~n. ~I • Page 1 • - ~ • ., . Febr~ 6, '~CE~~ - , :_ . _ ~ ~ FEB .Q 8 2001 ~ ~~ brad Watson, _ ~~ ~ Public Wa~rks ~ ~ Pablie Warms D ~Ew . suite200 - • Meridian, lD 364 RE: Task No. 3 . ~ ~Hsta'b~on Sys~e~os Evalnatiton (IDSE) Oversight and Review • Dear NIr. W . • .ThankYou-far Ming i=IDR's proposal for oversight a~ review.of ~ City's ~' . pre ration of Initial Distn`bution System Bvaluati~ 4Q/30 Certific~tioin Letter under _ the Stage 2 ' ' action liy Predticts ltnle. We've, enclosed twvo sigQed copies o~ Task . Order No. 3 o the lister Agent for Professional.Seivices. Upon ~'~ by ~ City Council, ease sign botL copies andretnm one for our files. . • Should you ha any questions concerning this pr~gosal, please do not hesitate to call aye at ~8 387- yr email at david.keil @hdri~.cam. sincerely, ~ • . ~ ~ _ •. _ - G, ING ~ . . ~ David' Kell, . .. Cc: I~lt ale 6 • N0~ Ertsf~e~i~ 1 e. ~ ~ a12 E. Pa~tceni~r 6ird__ Pha~s: (2d8) 38iauaa • s~a~~ao ~ 'pax ~>~i~ sae ' ~ BasaL783TaI8-6659 ~ahdnnaemi. I ill ,t-1.[i TASK ORDER N0.3 T^^ _ OF MERIDIAN (OWNER) ~~ AND l®R ENGIlVEI~RIl~iG, INC. (CONSULTANT OR ENGINEER) This Task Order is issued by rand acxrepted by ttre Consultant pursuant to tfre mutual promises, covenants and cortd one rmntained in the Master Services Agreerment between the abov® natm~ parties, darted J uary 24, 2007. II SCOPE OF SERVICES C1TY OF MERIDIAN, IDAHO INITIAL DISTRIBUTION SYSTEM EVALUATION (IDSE) OVERSIGHT AND REVIEW BACKGROUND The US Environmental Protect Byproduct Rule (D13PR). The disinfection byproducts (DBP). the City of Meridian. Initial Dis~ibution System To establoh ~rmanent DI3P i the Stage 2 Rule to complete system qualifies for a40/30 a identity monitoring kx+ations m troalomethane (TTHM) and h compote, an IDSE report mu. assist water systems and reg< manual has been provic~ by guidance document explains i requiremerrts. Standard iVlonitoring ~ency (EPA) has promulgated the Singe 2 Disinfection ive of the rule is to tower consumer health risks from rule affects neariy all communityy water systems, including nitoring sites, water system operators may ~ required under Initial Distribution System Evaluation (IDSE) unless the water 1c~tion (described below). The IDSE is intended #o accurately in tits distribution system that represent high total erotic acid (HAAS) concentrations. Once the IDSE is e submitted to the primacy agency for review. In order to cry agency titrough the IDSE process, a draft guidance r EPA. In acxordance with the proposed ruo, the 200 page two options for conducting an IDSE and exemption The first option for conducdrtg n IDSE is refened tD as the Standard Monitoring Program (SMP). An SMP approach req tree one year of distribution system monitoring on a specified schedule throughout the distrib 'on system. The frequency and number of samples required are determined by the system ,the source water type and the number of treatment plants. Under the SMP approach sam "ng, testing, analysts, site selection and IDSE report compotion is estimated to require 15 mo s of effort. The guidance manual provides sampling stye selection advice for meeting IDSE requirements. Site selection is expected tore on numerous information sources such as water quality data, operating da>a, tracer ~, u6c models, GIS information. maps and otiters as necessary. The evaluation of election sites must demonstrate adequate consideration of system infomnation necessary identify and select appropriate monitoring sites. i Page 1 of 7 F~,~,ay e3, ztro7 AIL-1Proposeis & Quetslwate~Ctty of Me~nWtertd~n IQSI~IQSE T~Ic Qrde~3-2007-02-0.R.doc I I ~_ __-..~ system-SpeciAc study Another option far conducting n IDSE is to perform aSystem-Speafic Study (SSS) using historical DBP cloth, water dis button system modeling or a number of other possible appr~ches. Any resuts from n SSS must produce equal or superior identific:atlon of sites containing high DBP cancan ' ns. Municipalities lacking extensive historical data sufficlent to satisfy IDSE requirements ma benef~ from the development of an IDSE hydraulic model. The cost of SMP sampling and lab nalysis can outweigh tt~ investrnerrt cyst in developing an SSS model. For systems with e>asti hydraulic models, such as Mer~~n, the cost benefit can ~ even greater. The obj~tive of an SSS mod fe to define wathr movement patterns and residence time within the distribution system. To sa sly IDSE r~uin:ments, models must meet a number of benchmark criterkr. Models m st be capable of acxxJrately simulating water quality and system operations over extended peri .This requires a detarled model with acxurat~y distributed consumption demands, appro riate diurnal usage patterns ark adequate steady~state, extender! period and water qu lily capon. The model must be detailed enough to represent at least ~ percent of the total ystem pipe length and 75 percent of the total system pipe volume. Geo-coded water bill' rewords are the recommended method for al'istributing ~nsumptive demands. Dium patterns must vary demands each hour for a week or more during the model simulations. titration is exp~t~ to address system flows, pressures, tank levels and verify model predi water age with measured system samples. Mericfian's model either fits these critiera alrea or could ~ easily modified to fit these criteria. 40/30 Certiflcretion Distribution systems with low stork DBP c~nc~rtrations, such as Meridian, may be granted a c~rtiflcarte iri lieu of monitoring nder ~ IDSE requirement. Data must demonstrate that all TTHM results and all FV4A5 ults are less than 40 lrg/L and 30 Ng/L, respeci#ively, for at least a two-year period, including all Stage 1 oorrrpliance monitoring sites. The required data must be submitted in an IDSE repo abng with r~mmendatiorrs for where and during which month(s) Stage 2 monitoring s Quid be conducted. Very Small System Waiver ~I A waiver for IDSE monitoring ni~ay be rued for small systems ti certain criteria are met. This does not apply to Meridian. IDSE Report ~I Excerpt for small systems that a wanner for IDSE monitoring, all public drinking water systems will be required to su mit an IDSE report to the state. The report must include recommendations for Stage 2 ondoring ekes and ail nary sup~rting documenthtion, such as studies, reports, analy cal results, and modeling, the original monitoring plan, a schematic of the distribution em. and a40/30 certification. if aertirmnt. PURPOSE The purpflse of this cask order " to provide oversight and review of a 40130 Certfic~tion Letter and accompanying docu ion from Meridian to the EPA, and desaibe future adh-ities that will ~ r+equir~ of Meridian by a EPA or DEQ under the Stage 2 DBP Rule. Page 2 of 7 M:lPnr 8~ f~E1lQ3E Task Ort~3-2007-02-08.dac Felt~ry B, 2007 •'i ~ PROPOSED SCOPE OF SERVICES The proposes scope of corrsul~ant services is to condut~ the following tasks. ACTIVITY 1. REVIEW 40 I CERTIFICATION Ob)ective. Provide Meriden vl~ith exert review ofi IDSE materials prior to submittal to EPA. Approach. Consulant will re lew data, draft letter to EPA, and water system schematic, anti Consultant wiN provide an ove W schedu~ of future IDSE/Stage 2 DBP Rule r~uiremerlts far the City of Meridian. The folio 'ng subtasks wAl be performed: Subtask 7.1. Review Sampll I g Data. Consultant will review at least 2 tmnsecutive years of DBP monitoring at Stage 1 lot~tions and provide comments regarding the applicability of data for 40f30 Certification under the Stage 2 DBP Rule. Subtask 1.2. Review 40/30 rtificat9on Letter. Consultant will review draft 40/30 Subtask 1.4. Develop Multi- ear Schedule of Stage 2 DBP Compliance Activities. Consultant will p pare a schedule of Stage 2 DBP Rule compliance activities that are specific o the City of Meridian. CertitiCation L r arxi provide comments to Meridian prior to Meridian's submittal of the etter to the EPA Subtask 1.3. Reviser Water I ys~m Schematic of Stage 1 DBP Monltoring Lotretions. Consultant will view the water system schematic which wilt show the Stage 1 DBP monitoring locations and provide comment$ to Meridian prior to Merllian's submittal of the Certification Letter to the EPA City Responsiblilttes. City re$ponsibilities ar+e as follows: • Lead communications with SPA and DEQ • Transmit all three consecutive years of Stage 1 DBP monitoring results to Consultant for review. • Prepare drag 40/30 Caron Letter and atxompanying materials from Meridian to EPA for review by Consultant. • Prepare draft Water Systar~I Sd~ematic which shows the Stage 1 OBP monitoring locations for revie.~v by Consulthnt. Prepare final40/30 Certlfica~tion Letter and submit to EPA • Prepare final Water Syst Schematic which shows the Stage 1 DBP monitoring locations and submit to EPA with 4010 Certification Letter. • Meet deadlines defined by ~PA for Schedule 2 systems. Assumpttons. Assumptions a~e as follows: • This task order does not in ude prepanation of a System Specfic Study (SSS) or Standard Monitoring Program (SMP)~nor the preparation of a SSS Plan or SMP Plan. Pa e 3 of 7 III g ~,~~,,1_ February S, 2007 M:tProposels & Quaislwata~COy of'"°'~"~'"" IDSEIIDSE Teak Orde~3 2~7-02-05.doc ~~ J~ • City has completed at least 2 years of DBP monitoring and all sampling results are bss than half of the Maximum Conte inapt Level (MCL) for Total Trihalomethanes (TTHM} and Hal~cetic Acids (HAA5). ~ • Deliverables may be provided in eisc~ronic form transmitted via email com~spondence. Products. Deliverable products are as follows: • Review c~rnments regarding sampling data (lf necessary). • Review comments r~egardir~g draft40/30 Certiflc~tion Letter. • Review comments regardlr~Ilg water system schematic with Stage 1 DBP monitoring Ioc~ans. • Muth-year sch~uls of requ~iremerrts arxi Stage 2 DBP compliance dates spedflc to the City of Meridian. Page 4 of 7 '~ query ~, 2007 M:1Propos8ls & f~ualsWVatnrlCfty ar Nkrkl~nWler~an IDSEUDSE T~Ic Order3-2007-02-0.R.d~ i Ld.t PROJECT SCHEDULE CITY OF MERIDIAN, IDAHO INITIAL DISTRIBUTI(1N SYSTEM EVALUATION (IDSE} OVERSIGHT AND REVIEW The revised project schedule for performing the review work is as folly: ActlvHy or Milestone Notice to Proceed (NTP) Receive Stage 1 DBP SampNn~ Data from City Provide Comments on Stage 1 ~Samplir~ Dafa to City Receive Draft40/30 Certif~tion Letter from City Provide Comments on 40/30 Certitic~tion Letter to City Provide Schedule of Future Stage 2 DBP Activities Date February 7, 2007 February 9, 2007 February 16, 2007 February 20, 2007 February 26, 2007 March 9, 2007 Page 5 of 7 F~n,ary s, aoo~ M:tPropoBara 8 Qua~\WeteriCity of lUleridtanUNeridran IDSE1rD8E T~Ic order3-2007-02-05.doc February 9, 2007 • MERIDIAN CITY COUNCIL MEETING February 13, 2(}07 APPLICANT ITEM NO. ~ O REQUEST Request for Waiver of Fees for Appeal Application Regarding Carport Structure by Judy Kelley AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: 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: COMMENTS See attcched X~ mss"`` lV V" OTHER: Contacted: Date: Phone: Emailed: Staff initials: Materials presented at pubpc meetings shalt become properly of the City of Meridian. Jan. 16, 2007 To: Meridian City Council From: Larry & Judy Kelley RE: Carport Structure & CUP-06-034 As you know on July 11, 2006 we met to request a waiver of fees for the Conditional Use Permit. We are not a commercial enterprise nor are we building a large building. We just have a small canvas carport built three (3) years ago. We would like to thank you for waiving those fees! Planning & Zoning denied the CUP due to a couple of concerns 1. There is now no vision problem. The "vision triangle" is now free of obstruction. 2. We now have a license agreement with Ada County stating "The license agreement to leave and maintain existing canvas carport within the public right of way ... was considered and approved." We have complied with the P&Z concerns from the Nov. 2, 2006 meeting. We can not afford the $600.00 fee in order to file the appeal. Now we are back to request the fee for the appeal be waived. Thank you for your consideration of this matter. r ,f , f f ~~~~1 "''~ CHD ~ ~sorwrwv'~"ecl~cX.rv~ac~ John 5. Franden, President Rebecca W. Arnold, 1st vice President Sherry R. Huber, 2nd Vice President Dave Blvens, Commissioner Carol A. McKee, Commissioner January 10, 2007 Mr. and Mrs. Larry Kelley 403 East 2"~ Street Meridian, ID 83642 Dear Mr. and Mrs. Kelley: The License Agreement to leave and maintain existing canvas carport within the public right of way along Ada Street for the property located at 403 East 2"~ Street was considered and approved by the Ada County Highway District. Please remember to call Construction Services at 387-6280 to verify if any additional Construction Permits are required. Enclosed is your copy of License Agreement outlining all the terms and conditions and assigned #0731- 1832-0107. Please use this number in all future correspondence regarding this matter. Sincerely, ADA COUNTY HIGHWAY DISTRICT Karen L. Amold Right of Way Account Clerk Enclosure Page 1 of 1 Will Berg From: Tara Green Sent: Tuesday, February 13, 2007 9:48 AM To: Will Berg Cc: Sharon Smith Subject: FW: Request to Waive Fees for Kelley Carport.PDF Attachments: Request to Waive Fees for Kelley Carport.PDF I called Judy Kelley regarding this item being on City Council Tuesday the 13th. She is able to make it. Thanks, Tara From: Tara Green Sent: Tuesday, January 16, 2007 3:16 PM To: Sharon Smith; Will Berg; Bill Nary; Michelle Albertson; Ted Baird; 'Craig Hood (E-mail)'; Anna Canning Subject: Request to Waive Fees for Kelley Carport.PDF Here is another request to waive fees for Larry and Judy Kelley. Please review and let me know when to put this on the agenda. Thanks, Tara 2/13/2007 February 9, 2007 AZ 06-045 MERIDIAN CITY COUNCIL MEETING February 13, 2007 APPLICANT Wirt Edmonds ITEM NO. ~I ~ REQUEST Continued Public Hearing from February 6, 2007 -Request for Annexation and Zoning of 7.556 acres from RUT to R-4 zone for Eastwood Subdivision - 4515 South Locust Grove Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: 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: COMMENTS See previous item Packet /Minutes See attached Recommendations Contacted: Date: Phone: Emailed: Staff Initials: • Materials presented at public meetings shad became properly of the Ctiy of Meridian. • February 9, 2007 PP 06-047 MERIDIAN CITY COUNCIL MEETING February 13, 2007 APPLICANT Wirt Edmonds ITEM NO. 1 Z REQUEST Continued Public Hearing from February 6, 2007 -Request for Preliminary Plat approval of 24 single family residential lots and 3 common lots on 7.556 acres in a proposed R-4 zone for Eastwood Subdivision - 4515 South Locust Grove Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: 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 Revised Plats Contacted: Emailed: COMMENTS See previous Item Packet See attached Recommendations Date: Phone: _ Staff Initials• Materials presented at pubflc meetings shall become properly of the City of Meridian. • . February 9, 2007 PP O6-0b3 MERIDIAN CITY COUNCIL MEETING February 13, 2007 APPLICANT W.H. Moore Company ITEM NO. ~ 3 REQUEST Public Hearing -Request for Preliminary Plat approval of 14 building lots on 18.7 acres within the C-G zone for CentrePointe Subdivision No. 2 (North) -northwest corner of Ustick and Eagle Roads AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: 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: COMMENTS See attached P8~Z Item Packet /Minutes See attached Recommendations See attached Comments See attached Comments OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • February 9, 2007 RZ 46-012 MERIDIAN CITY COUNCIL MEETING February 13, 2007 APPLICANT Darren Blaser ITEM NO. 14 REQUEST Public Hearing -Request for a Rezone of 1.69 acres from an R-4 to a C-C zone for Cheny Linder Rezone - 1440, 1516, and 1528 West Cherry Lane AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: 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: COMMENTS See attached P8~Z Item Packet /Minutes See attached Recommendations OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. February 9, 2007 AZ 06-060 MERIDIAN CITY COUNCIL MEETING February 13, 2007 APPLICANT CTD Development ITEM NO. 15 REQUEST Public Hearing -Request for Annexation and Zoning of 5.01 acres from RUT to R-8 8~ R-15 zones for Arch Rock Subdivison -south of McMillan Road and east __ of Linder 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 atMched P8~Z Item Packet J Minutes See atFached Recommendations See attached Comments See aHached Comments Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at pubtlc meetings shall become properly of the Cffy of Meridian. ! ~ February 9, 2007 P P 06-061 MERIDIAN CITY COUNCIL MEETING February 13, 2007 APPLICANT CTD Development ITEM NO. 16 REQUEST Public Hearing -Request for Preliminary Plat approval of 18 single family residential lots and 2 common lots on 3.73 acres in the proposed R$ zone 8~ 8 single family residential lots 8~ 1 common lot on 1.02 acres for Arch Rock Subdivision AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: 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: COMMENTS See attached P8Z Item Packet / Minutes See attached Recommendations See attached Comments See aHached Comments Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubec meetings shall become properly of the City of Meridian. February 9, 2007 MI 07-1 MERIDIAN CITY COUNCIL MEETING February 13, 2007 APPLICANT Lynn Brown ITEM NO. 17 REQUEST Public Hearing -Miscellaneous application to Modify the e~asting DA to allow all C-N permitted uses on tots 5, 6, 7 $~ 8, Block 25 of Cedar Springs Subdivision No. 6 for Cedar Springs Professional Ctr - 710, 730, 750 8~ 790 West Ustick Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: 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: COMMENTS See attached Request for Continuance See attached Comments See attached Comments Contacted: Date: Phone: _ Ernailed: Staff Initials: Materials presented at pubNc meetings shall become property of the Ctiy of Meridian. • February 9, 2007 AZ 06-054 MERIDIAN CITY COUNCIL MEETING February 13, 2007 APPLICANT Morgan Development, InC. ITEM NO. ~ 8 REQUEST Public Hearing -Request for Annexation and Zoning of 2.40 acres from Rl to an L-O zone for Woodland Springs Professional Park - 1630 East McMillan 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: Contacted: Emailed: See attached P&Z Item Packet /Minutes See attached Recommendations Staff Initials: Materials presented at public meetings shall become property of the Ctty of Meridian. Date: Phone: • February 9, 2007 AZ 06-032 MERIDIAN CITY COUNCIL MEETING February 13, 2007 APPLICANT Conger Management Group ITEM NO. 19 REQUEST Ordinance -- Request for Annexation and Zoning of 29.31 acres from RUT to R-8 zones for Trilogy Subdivision -- south side of Chinden Boulevard and east of Black Cat Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: 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: Contacted: Emailed: COMMENTS See attached Ordinance Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • ADA COUNTY RECO~ J.~YID NAVARRO AMOUNT .00 ~ DEPUTY ~ ki All ~ RECORDED-REQUEST OF ~II I'~I'~'~~I'~~~~~'~~~~~~~~~~~~ ~~ ~~~ City of Meridian 1 ~~0~5~5~ CITY OF MERIDIAN ORDINANCE NO. ~ ~ - l 2- ~~ BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE (AZ-06-032 TRILOGY SUBDIVISION) FOR ANNEXATION OF PROPERTY BEING A PORTION OF THE NORTH % OF THE NORTHWEST % OF SECTION 27, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LAND5 FROM RUT (ADA COUNTY) TO R-8 (MEDIUM DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCII. OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: Dyve~ Development. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RLJT (Ada County) to R-8 (Medium Density Residential District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. ANNEXATION OF AZ-06-032 TRILOGY SUBDIVISION Page 1 of 3 ~• • SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. 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, including the lands herein rezoned, 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. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this l ~ ~~ day of ~ ,Gj~-u~ ~ , 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~~~ day of ~..~~~12~ e- ~ 2007. MAYOR T de WEERD ANNEXATION OF AZ-06-032 TRILOGY SUBDIVISION Page 2 of 3 ATTEST: ~~~~ WILLIAM G. BERG, JR., STATE OF IDAHO, ) ss. County of Ada ) r `,~~~utrurutrrfr ~~'~ ~~~ Q- ~~~a "~ f iy° ~e~. ;~ ~:.-a ~ - ~ ~~®~~~~FB~4949444i 6&998@8,~'@6~~9~~~ 7 On this ~ day of ~~~~i~ , 200, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) • • r _~..... ~. . ; . , ~/~ ~ 0 ==VV o•. 0 eID ~^ ~ NOTARY PUBLIC FOR IDAHO RESIDING AT: yj~ Gf.~~ ~~ MY COMMISSION EXPIltES: l~ - /S =(l ANNEXATION OF A~06-032 TRILOGY SUBDIVISION Page 3 of 3 ~ r ~ ExHlBrr pR°' Annexation Legal Descrtptlon A portion of Lott, Block 1, Rambo Subdhrlslorr and adJoMing West Chinden Boulevard (State Highvray 20 and 26) Right of Way Two parra3is of land, the first pare bekrg a portion of Lot 2, Block 1, Rambo Sutrdhiisiort, located in the N 112 of the NW 1!4 of Section 27, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and the second parce- being a portion of the adjoining 12tght of Way of West Chinden Bculev~d (State Highway 20 and 26), more partlcxrlarly described as follows: Parcel Orre Commencing at the 114 Canter common to Seo6ons 27 and 28, a~rrentty monumented by a 112° Reber (No Cap) in a 4° pipe casir~ (Comei Record, Instrument Number 89113295); Thence North 00°29'03" East, coincident with the westerly line of Section 27, a d~tance of 2598.58 feat to a point on the southerly Right of Way Nne of West Chinden Boulevard, as shown on Idaho Transportation Department plans tltied 'Plan and ProfNe of Proposed FrankNn Highway, Federal Aid Secondary Proj~t No. F.A,S.181-D-(1 }, Ada & Canyon Countless, Boise -Sept. 1939°, and titled °Plan arrci Profile of Proposed tiiways U.S. 20, 26 & 3fl, Federal Aid Project No. F -3031 (5), Payette, Canyon & Ada Courrttes, Ontario BNdge to Boise, Bode Match 1958", (revised Apn12,1958}, and as described in a Right of Way Deed dated x/11/1939, recorded 09!15/1939, Instrument Number 192234, Ada County Recorder Records, said point ling South 00°29'03° West a distance of 40.00 feet frarn the NVU Comer of Section 27, currently monumented by a 2° diameter Aluminum Cap Monument !Gamer Record, instrument Number 99113284); Thence South 89°19' 18° East, cxtlncidetrt with said southerly Right of Way line of West Chinden Boulevard, a distance of 237.21 feet to the POINT t)F BEGiNNINQ said Point of Beginning ling the northwest cx~rner of Lot 2 and the northeast comer of let 1, Bl~k 1, Rambo Subdh~tsion, recorded 0912411993, Instrument Number 9379034, Ada County Recorder Records; Thence continuing South 88°19'16° East, coincident with said southerly Right of Way line of West Chinden Boulevard and the northerly line of Lot 2, Block 1, Rambo Subdivision, a dBtara;e of 1232.51 feet to the most westerly comer of a parcel of land shown on Record of Sunray 3122, Property Line Adjustment Survey, recorded 02123!1895, Instrument Number 95012320, Ada County Recorder Reeds; Thence South 59°08'06° East, coincident with the southwesteriy Nne of said parcel of land, a distance of 109.04 feet; Thence South 71°21'10° East, oontinuing ooincident with the southwesterly Nne of said parcel of land, a distance of 104.58 feet to the easterly lute of Lot 2, Block 1, Rambo Subdt+ristan; Thence South 00°26'52° West, ~inctdent with the easterly line of Lot 2, Block 1, Rambo Subd'nrision, a distance of 1179.90 feet to the southeast comer of Lot 2, t3k~k 1, Rambo Subdivision; Thence North 89°18'44° West, coincident with the most southerly Nne of Lot 2, Block 1, Rambo Subdivision, a distance of 331.07 fleet to the most southerly southwest cmrner of Lot 2, Bkrck 1, Rambo Subdhrision; Thence North 00°27'18" East, coincident with a westerly 16te ~ Lot 2, B1odt 1, Rambo Subdivteton, a distance of 329.89 feat to an interior comer, Thence North 89°18'23° West, coincident wfth a southerly line of Lot 2, Block 1, Rambo Subdivision, a distance of 480.31 feet to the southeast cx:m~ of Lot 4, Block 1, Rambo Subdivision; Thence North 00°29'38° East, coinaderrt with the easterly line of Lot 4 and Lot 3, dock 1, Rambo Subdivision, a d~thnos of 347.76 feet to the northeast comer of Lot 3, Block 1, Rambo Subdivision; Thence North 89°34'32° West, oolncldent with the irortn~ly line ~ Lot 3, Block 1, Rambo Subdivision, a distance of 444.80 feat to a pahrf on the nrortherly Right of Way Ih1e of West Ramblin Court; Thence continuing North 89°34'32° West. tx~rtcldent vVi6t the northerly Right of Way line of West Rambiin Court, a distance of 182.04 feet to the southeast comma of Lot 1, Block 1, Ramiro Subdivision; Thence North 00°29'03° East, ~irtctdent with a easterly line of Lot 1, Block 1, Rambo Subdivision, a distance of 60$.71 feat to the Pt311~ET OF BEGINNING. The area of Parcel Qne descN6ed above contains approximately 28.9 75 Acres. Basis of bearings is GRID NORTH, Idaho State Plane Ordinate System, West Zone. Parcel Twe Commencing at the 1/4 Corner common to SacUons 27 and 28, currently mcmumented by a 112° Reber (No Cap} in a 4° pipe casing {Comer Reoord, tnstrumeirt Number 99113295); Them North 00°29'03° East, colnadant with the wesb~ly line of Section 27, a d~tance-~ 2598.58 fit to a point on tuts southery Right of Way Igte of West ClNnden Boulevard, as shown on Idaho Transportation Department plans fitted °Plan ark Profile of Proposed Frartklin Highway, Federal Aid Secondary Project No. FAS. 161-D-(1), Ada & Canyon C~rnties, Boise -Sept. 1939°, and Utl~ °Pian and Proflte cf Proposes Hiways U.S. 20, 28 & 30, Federal Aid Proj~t No. F - 3031 (5}, Payeae, canyon & Ada Cour>t~, Ontario Bridge to Boise, Boise tVlarci, l9ss°. (revised Apri12, 1956), and as described in a Right of Way Deed dated 09H 1 M 939, recorded 09/15/1939, Irtstrumerd Number 192234, Ada County Recorder I?ecords, satd point being South 00°29'03° West a distance of 40.00 fast from the NW Comer of Section 27 (Highway Station 581+27.80, as shown on said 1939 Highway Piansj, currently monumenfi~ by a 2° diameter Aluminum Cap Monument (Comer Redd, instrument Number 99113294}; Thence South 89°19'18° East, coincident with said southerly Right of Way line of West Chtnden Boulevard, a distancs of 237.21 feat t4 the POINT OF BEGWNING, said Point of Beginnktg being the northwest comer of Lot 2 and ttte northeast cornea ~ Lot 1, Biodc 1, Rambo Subdiv~ion, rewrded 09124!1993, Instrument Number 9379034, Ada County Rscorder Records; Thence North 00°40'44° East, per~rt~cular to saki southery night of Way Itne of Wsat Chtnden Boulevard, a distance ~' 40.00 feet to a paint on the survey certfsrUne alignment as shown on saki 1939 Highway Plans, at catculat~I Highway Station 563+55.14; Thence South 89°19'18° Easf, coinr~dent with the survey centerline alignment as shown on said 1839 Highway Plar~, a distart~ of 1232.51 f69t to a point calrxrlated Highway Station 575+97.85; Thence South 00°40'44° West, perpendlcutar to said southerly Right of Way Una of West Chtnden Bcxrlevard, a disi~tce of 40.(10 feet to a point on saW southery R[~tt of Way Iine aF West Chtnden Bwlevard, said point being the most westerly Carnes of a parcel of land shown on Record of Surosy 3122, Property Line Ad}ustmertt Survey, recorded 0212311985. Instrument Number 95012320, Ada County Recorder Records; Thence North 88°19'16° West . wittckient with said southerly Right of W ay tine of West Chtnden Boulevard and the northerly Iirre of Lot 2, Block 1, Rambo Subdivision, a distance of 1232.51 feet to the POINT OF BEGWNiidG. The area of Portal Two described above cxxrtains apprordmabaly 1.132 Ages, The tots area of Parcels One and Two combined contains approximately 29.307 Acres. Bases of bearings is GRID NORTH, Idaho State Prone Ordinate Sys~rn, West Zone. ~~ ~~A ~ 8 7 2 6 °~ ~tio-~n. ~• ~~~z ~A a az/~1~~ ~~~ L REV APPRO}~'l' gY . @(i~ Q spa ~®ed~ M CORK EPT-C r Ts~a.~ ~or~ .~~c~.~ a.~~ o~ .~~.~~ ~~:, A PARCEL OF .LAND BEING A PDRTIDN OF ZOT 2, BLOCK 1, .RAblBO SI1BiJ1ViSI0N, LOCATED IN THE NORTH 1/2 DF THE NW 1/4 t~F SECTION 27, T.N., R.1W., B.bt., AD~1 COUNTY, IDAA'0 N 2008 - cR7D NDR777 +.~a.~s,. wESr zoNe t N.T.S. N.}Y, coR, sec z7 FND. 2" AWdt. CAF N r/a CSR SEC 27 " s,~. CillND6~f ~~ ~, 20-~J COR. Rec g97r32ga 5897727E 2647, i8' FNQ 3/A PW 4Y/t 3/8° yEpD CDR. REC 99773246 & 7908755 732.3.59' - 58979 i_G F ?232.5F' ~ 237 21' ~ . 1323.59' T~9. 330 90'" ~' ^ ~ ~ 1992.69' ~ ~ nl ~~ 551 X8'06"E 109. " 04' ~` ~~ S7?~?'i0 Lc 104.58' ~ ~ ~ ~u 1 t $I~ of eT , ~ z °' ' ' W ~ RA .7 x .8 (3 S tI BD V (SX ) O N ~ ~ , ~! ~ ~ M N ~ rv~s34.32"w ~~ '~ I 3 Tvso o Nq N , ~ ~n ~ 'o ~ `YL _, N897823"W 86,~79~ M __....._..-- N - ,,,,- r - -N8978'4 a N of _n w 7/a cDra SEG a7 7'ND• I/2' R£BAR/ND CAF W 4" PIPE CASING CDR. REC 99773295 r .~1~~II~ ~° ~' ia~° ~ $~os~ 2D8 942-6400 PLINNWp • 6HGINSEBIN9 • 8Y0.YCYRiO • idNPSCAPE JU1C917CC{VAS BY ~,ypd. t.A/yQs ~,~~t S7F,QFQG,pG 8?26 w APP v ~ r~A~ a ~ zaos ;l7ERIDIAN PUBLIC WORKS DEPT. r ~ '~ ~ ~m 00 c~i~ z ~ G ,~ aro 3~ 9 ~ ~~ ~ ~~~ to ~ ~~~~ ~~~~ ~~ ~ -~ m NORTH BLACK CAT I{CiAb ~o.oo' a z z _ ~a~ "" o ~ ~ o STA. 561+27.80 N0079'OJ"E ~ z z ~ 2ss~ss' c ~~ ~. ! nav n• ~ ~$ N~~ ~ cflC~ ~ E ~ N ~ d ~ ~~ ~ wn ~~a~ - N Z ~ ~ ~~ ~~ STA. 56365 94 z ~ a 'l1 N a ~ ~` y Syr W r~ v, G- ~~ o ~ ~,r ~ ,~~Q ~o ~ ~ O~ ~ ~a ~~~~ O b 4 ~~ ~~ 4t nl ~ ~ I ~~ ~~ ~~ ~~ ~~ ! ~ ~~ ~~ ~ cc ~ n ~f ~ b ~fi ~ ~ ~ ~a Y V ~~ ~ ~~ b y~ ~~ ~~ .~ ~~ o { ~ ~ 4 O 1 srA. er5,~azss J ~ }39,65' H ~~ ~~ ~~ ~~ O'.IS ~ .t ~~~ ~~ v.~~ ~~ ~' ° O n'~ O y ~~ ~~ 0 ~~ V • • February 9, 2007 AZ 05-060 MERIDIAN CITY COUNCIL MEETING February 13, 2007 APPLICANT Ada County Highway District ITEM NO. 20 REQUEST Ordinance -- Request for Annexation and Zoning of 4.92 acres from RUT to C-G zones for Ada County Highway District Ustick Road Property 3595 East Ustick Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: 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: Contacted: Emailed: COMMENTS See aftached Ordinance Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ~ ADA CDUfiTY RECORDER J, DAVID NAVARRO Amuuni .uu ~ • DEPUTYAParii Thompson ~ III I'll'IIIIIIII'll'II'III"I~III~ ~II RECDRDED-REQUEST OF IE~~E~~65~~ City of Meridian CITY OF MERIDIAN ORDINANCE NO. ®7- l Z ~ 7 BY THE CITY COUNCIL: BIItD, BORTON, ROUNTREE, WARDLE AN ORDINANCE (AZ-05-060 ADA COUNTY HIGHWAY DISTRICT) FOR ANNEXATION OF PROPERTY LOCATED IN THE EAST % OF THE EAST OF 1 OF 4 IN SECTION 4, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT ~~A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIlVIITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERNIIPIING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO C-G (GENERAL COMMERCIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: Ada County Highway District. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to C-G (General Commercial District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. ANNEXATION OF AZ-05-060 ADA COUNTY HIGHWAY DISTRICT SUBDIVISION Page 1 of 3 • • SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. 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, including the lands herein rezoned, 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. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~ day of ~ ~~-oc„G~.v~ , 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~ day of ~Q d~~GL~-~j , 2007. ATT T: ~:. WILLIAM G. BERG;~JR., CITY C1= ANNEXATION OF AZ-05-060 ADA SUBDIVISION de WEERD ~~~~' d ~ °~ .~~~ ~~ T ~~~ ' \`~ ~~~ DISTRICT 11111-1~t t~"' Page 2 of 3 f ~ ( • STATE OF IDAHO, ) ss County of Ada ) ~ ~ On this ~ ~ day of n ~~4'L~.c-/~,~ ~ 200, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ®~,,~®TA~~.~"•® 9r' ® e i ® '. ;' . • : e :~°m,~ng,~j: ®o ;`ems' ~- NOTARY PUBLIC FOR IDAHO RESIDING AT: '~'v1,.e (G~~ ~ MY COMMISSION EXPIRES: l~-lS =ll ANNEXATION OF A~05-060 ADA COUNTY ffiGHWAY DISTRICT SUBDIVISION Page 3 of 3 f~ • .IDAHO su~vl:Y GPC~UP Project No. 06-128 DESCRIPTION FOR PARCEL A (REMNANT PARCEL) ACHD USTICK ROAD PROPERTY 145{3 Eric Wacercower St Suite 150 Mer#dlan, Idaho 83642 Phone {208j 84b-8570 Faoc (208j 8845399 July 12, 2006 A parcel of land loca#ed in Govemment Lot 4 of Section 4t T.3N., R.1 E., B.M., Ada County, Idaho more particularly described as follows: Commencing at a 5/8" iron pin marking the NE comer of said Govemment Lot 4 from which a brass .cap monument marking the NW corner of said Section 4 bears North 89°49'23" West, 1329.69 feet; thence along the North boundary line of said Section 4 North 89°49'23" West, 166.19 feet thence South 00°35'23" West, 45.00 feet to a '/Z" iron pin marking the REAL POINT OF BEGINNING; thence South 89°49'23" East, 64.53 feet to a %2" iron pin; thence South 44°49'23" East, 29.70 feet to a %" iron pin; thence South 00°35'06" West, 32.18 fee# to a %2° iron pin marking the beginning of a curve to the left; thence along said curve 45.34 feet, said curve having a radius of 237.5±0 feet; a central angle of 10°56'17" and a long chord of 45.,27 feet which bears South 04°53'02" East to a %" iron pin marking the point of tangency; thence South 10°21'11" East, 91.91 feet to a %i" iron pin marking the beginning bf a curve to the right; thence along said curve 29.02 feet, said curve. having a radius of 152.00 feet, a central angle of 10°56117" and. a long chord of 25.97 feet which bears Sou#h 04°53'02" East to a %2" iron pin marking the point of tangency;. thence South 00°35'06" West, 1027.78 feet to a %Z" iron pin; thence North 89°52'03" West, 110..30 feet fio~ a 5/8" iron pin; ~' S:USG P[ojectslACHD-IJstlck Road {OS-341 )lpocurrtentslPFiRCEi.a,doc ~~ r~ thence RJorth 00°35'23° East, 'i245.34 feet to the REAL POINT OF BEGINNING con#aining 3.07 acres, more or less. Prepared by: Idaho Survey Group, P.G. Gregory G. Carter, P.L.S. REV OVAL BY - ) ~° MERiD1At~ pD$~.{C ~JORKg DEPT. S:USG ProJectsIAGHD-Ustick Road (65-347 }1DocumentslPARCELa.doc a n u o ~ ~a ~ x ~ 4 ba a ~ ~ oc~' m n• ~ ~ .$ ' ~ L Q O ~ ~.~_~ W "o 0 ~ ~- - w° ~- . 1 1 (~ O m ~~z^a wZ f ~~gW~~ ~~?MZp oq~~-~ ~ ~ °Zo W ~ ~ U '4 ~ ~ i ~o~ W ~4 ~W ~ m 1 ~ p ~ ~ i V{~y G ~~~~ ~~$~ ~ ~~~~ ~~ ~~~~~ ~ 'I I: ~~~•I -l1 ~. g.NNN vi OVG# 3'Y1V3 17 O .t f~ m ~~ ~~ .'J s ~~ ~~y ~~~~ ¢~ ~~ s~ ~~ U a 0~~~ ~~n~ N ~q 8 M February 9, 2007 AZ 06-050 MERIDIAN CITY COUNCIL MEETING February 13, 2007 APPLICANT Treehaven, LLC ITEM NO. 21 REQUEST Ordinance -- Request for Annexation and Zoning of 4.64 acres from RR to R-8 zones for Tree Farm Addition -- 6745 Norfh Black Cat Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: 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: Contacted: Date: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See attached Ordinance Phone: ~ ADA COUNTY RECDP~''' AVID NAVARRO AMOUNT .00 . BOISE IDAHO 02111 ~pM DEPUTY ~cld Allen III I'll'III'I'll'll'll'I~IIIIIII II ~II RECORDED-REQUEST OF Ciiy of Meridian 10~r ~~~554 CITY OF MERIDIAN ORDINANCE NO. ~ 7' l ~ ~ ~ BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE (AZ-06-050 TREE FARM) FOR ANNEXATION OF PROPERTY BEING SITUATED IN THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDL~N AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RR (ADA COUNTY) TO R-8 (MEDIUM DENSITY RESIDENTLAL DISTRICT IN THE MERIDL~N CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: TYeehaven, LLC. SECTION 2. Thattheabove-described real property is hereby annexed and re-zoned from RR (Ada County) to R-8 (Medium Density Residential District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re- zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION OF AZ-06-050 TREE FARM Page 1 of 3 ~ ~ ~ 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, including the lands herein rezoned, 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. SECTION 9. That pursuant to the affirmative vote ofone-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~ 3 day of ~.~i~ i'yt-~~ , 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ,~~~day of ~.~ VYGL~li*- 2007. ,.~ ~~ de WEERD °a`` ~s s~, ATTE e°° ~' ~~4 ~, -~ ;_ ~~ ~ d WILLIAM G. BERG, ., CITY:CL .~( ~ .; e ~~i~~i~'8 ~ ~ ZD ~ ~ ~ w`a ANNEXATION OF AZ-06-050 TREE FARM Page 2 of 3 r~ r~ STATE OF IDAHO, ) ss. County of Ada ) On this ---~ day of ~~ij~//~(,~t,~;~ , 2007, before me, the undersigned, a Notary Public m and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. •'~'~"~e (SEAL) ~ ~~~ O ~~~'° •~e` •rR ,~ 'Ib. it . ~ ;~ 1 ~ a ~ ; ~ ~ ~~ ; s ~O r~,~y1G.~~; •,9~ a`•19~~ ~I~ C~~1 ~ U~`L~ ~~ NOTARY PUBLIC FOR IDAHO RESIDING AT: ~7~j~~~ ~e~ MY COMMISSION EXPIRES: /l7 lS =/< ANNEXATION OF AZ-06-050 TREE FARM Page 3 of 3 ~ ~ .~~ ~ :~:.. ,.r i'i~'?f ~:+ ir.: ~n~ers~n Sucuey ~ruu~,ci~r~ `='~~, EXHIBIT A ANNEXATION PARCEL FORMER RABEHL TRACT A parcel of land situated in the Southeast Quarter of Section 21, Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly described as follow: Commencing in the Southeast corner of Section 21, said point being marked by an aluminum cap, thence along the Easterly line of the Southeast Quarter of said Section 21, , North 00°16'30" East a distance of 914.93 feet to the True Point of Beginning; thence leaving said Easterly line, North 44°20'00" West a distance of 137.71 feet; thence North 58°26'30" West a distance of 138.52 feet; thence North 83°03'00" West a distance of 187.58 feet; thence South 81°20'00" West a distance of 156.89 feet; thence North 00°33'30" East a distance of 245.48 feet;_thence North 79°31'00" East a distance of 103.70 feet; thence North 67°23'00" East a distance of 104.89 feet, thence North 86°36'00" East a distance of 357.39 feet (formerly North 86°32'30" East a distance of 357.98 feet) to a point on said Easterly line; thence South 00°16'30" West a distance of 495.93 feet to the Point of Beginning. Annexation Parcel contains 4.08 acres, mare or less. End of Description Project No. 05-132 September 27, 2006 L~1R~~ 357 E. Watertower ln.. Suite F, Meridian, 10 83642 P. 208.086.1345 r 4~JH $8.; ~. -- ~ I I _ _ 0072 50 f _ 2039.08' --i -- I I I I I ~~ I ~ m ~ ~ C I I ~ O I ~ ~ ~ I ~~ ~ I ~~ °~ W ~ ~ ~ a I I ~ I ® ~' ~ V e j y N 00333Q E ~ I I Z Z ~ ~ I ~ N 00 N ° ' _ ______N007630 E 914.93 ______ ~ ~ ^ BLACK CAT ROAD o I I z q I ~ ~ N I O i I N I I I I zl vl ~I I ~,~ O.~ a ~'o~, ~~'~ °p d a ~~~ ~ ~ ~~ ~~ ~ p "° n ~-. ~ ~ 4a ~ ~ ~ ~ A ~ G ~ z `tno N m m ~ m ~ ~ ° Z _r Z , $i w c~'ii N ~o' w ~ ~ 5 ., o ~ ~ a y ~ $ g y ~ ~ ~ 4 w ~ ~ °~' ~ ~ m o ~ ~ ~ o o w ~ ~ 0 0 - o o ° ~ g o ~T Oho a ~ ~ ~~ ~ 4~ I~ 5' ~ ~ tl ~ o [/] ~ v ~ ~~i ErJ G O r r ~ 2 ~ a ~ ~~ ~~ ~ _ ~ 'zT mm rr V m __ m om ~~ ~"~~'- z ~~ ~o~ a ~~~ o zm m~~ ~~~ 0•x`17 z~~ ` "~ a ~ o~ ~ z0 ° ^' Z c Z a° 2 0 February 9, 2t~7 MERIDIAN CITY COUNCIL MEETING February 13, 2007 APPLICANT ITEM NO. 2Z REQUEST Executive Session per Idaho State code 67-2345(1)(c)&(f) 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: Contacted: Emailed: Date: Phone: Staff Inifiials: Materials presented at pubec meetfngs shag become properly of the CHy of Meridian. ~' ' - •;SF CYI'Y OF ~~ r , R e~-1r~- ~~ ~v C~ ~ ~ Tnensurw t''^ilz~ ',9943 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joe Borton Chazles Rountree Shaun Wazdle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234 /fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 /fax 898-5501 Planning 660 E. Watertower Lane Suite 202 8845533 /fax 888-6844 Police 1401 E. Watertower Lane 888-6678 /fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 /fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 /fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191/fax 884-0744 - Water 2355 N.W. 8th Street 888-5242 /fax 884-1159 DELIQUENCY FOR TURN OFF Schedule for February 14, 2007 Cycle 2 MAYOR: This letter attests to the fact that no water users have requested a pre-termination hearing for February 13, 2007. Users having delinquent utility bills will be shut off on February 14, 2007. The total amount past due is $18,696.69. The number of past due customers is 193. Ja cee Holman Billing Manager CITY HALL 33 EAST IDAHO AvENUE MERIDIAN, IDAxO 83642 208) 888-4433 CITY CLERK -FAX 888-4218 CITY ATTORNEY / HR -FAX 884-8723 FINANCE 8[ UTILITY BILLING -FAX 887- 13 MAYOR'S OFFICE -FAX 884-8116 ~ ~ • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 1 Standard Payment Customers Feb 13, 2007 04:43pm Current Period: 02/20/2007 -Transactions Included Through: 02/20/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Report Criteria: Terminated customers not included Customer.Cust No () _ {<}880000001 Customer.Bill Cycle = 2 Customer.disconnected = No Customer.shut off list = No Ref No Cust No Name /Service Address Past Due Balance 1 18.42.2114.2 ACKLEY, WENDY 53.38 76.46 2347 WINGATE PL N 2 10.10.1028.4 AHEARN, THOMAS ~ ALMA 59.65 129.50 2650 CROSSLAND DR W _ 3 3.15.4619.2 ARMSTRONG, BRADLEY & RAQUEL 176.87 235.57 2161 TANGO CREEK DR W NO ARRANGEMENTS ALLOWED TIL 7/11/07-CASH ONLY TIL 7/11/07. 4 16.31.1272.1 AUDENS, CHRISTOPHER 172.07 328.31 2634 12TH ST NW 5 3.90.0609.3 AYALA, ROBERTO 102.08 150.56 5296 AREZZO AVE N 6 17.33.3626.2 BALL, TERESA 76.16 128.67 487 ADDESON ST E 7 15.21.0560.2 BARBEE, JASON & FAIN STEPHANI 114.40 164.53 2602 PARK STONE DR W 8 8.08.0582.2 BAXTER, KERRY 8 RONDA 58.40 117.81 3890 LEGACY COMMON AVE N 9 17.34.2848.6 BEATIE, LEONARD & ANDREA 139.00 189.58 3043 YELLOW PEAK WAY N 10 17.33.2316.1 BELL, LILLY 86.62 133.17 2518 ARROW WOOD WAY N 11 10.20.0074.3 BENCH, JACOB 65.47 101.86 3922 COOL RIVER WAY N 12 3.15.0145.2 BERGERON, TROY ~ TERESA 77.00 223.39 1622 RATTLESNAKE CT W 13 15.21.3092.2 BEVEL, RITA 95.90 149.46 2888 THAMES AVE N 14 18.42.4038.3 BIBIKOV, DANIEL 57.36 88.80 1701 KAMAY CT E CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 2 Standard Paymen t Customers Feb 13, 2007 04:43pm Current Period: 02/20/2007 -Transactions Included Through: 02/20/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 15 6.06.9878.1 BIYDS IDAHO 68.18 91.26 2018 REDWICK CT E 16 3.15.2621.2 BLAIR, MICHAEL & KRISTA 83.03 135.71 1876 HAM RAPIDS ST W 17 16.31.0248.3 BLASER, DARREN 137.21 160.29 1528 CHERRY LN W 18 3.90.0244.4 BLAZEK, BILL 8~ KERI 55.62 110.23 5399 CORTONA WAY N 19 18.42.1162.3 BOND, JENNIFER 69.50 127.09 2076 DIXIE AVE N 20 10.20.0042.2 BOWEN, BUSTER & COLLETTE 82.50 185.19 1846 BELLAGIO DR W 21 15.21.3068.1 BOYDSTUN, PATRICK & JUDY 80.36 123.76 2943 JOUST ST W 22 15.22.2378.4 BROWN, STEVE 8~ KARLA 76.88 127.01 1849 PARKSTONE ST W 23 15.21.2860.3 BROWN, TRAVIS 8~ TEGAN 93.03 142.56 2820 FOXTROTTER DR W 24 18.42.2718.3 BRYANT, JOHN 73.47 121.03 2507 LAUGHRIDGE AVE N 25 16.32.1432.1 BUEHRING, RANDI 88.24 144.50 572 WOODBURY DR W 26 9.20.0506.2 BUTTERFIELD, BRIAN & CINNAMON 62.16 138.74 3685 BUCKSTONE AVE N 27 16.31.3346.1 CAMPBELL, DUNCAN 8~ 79.48 122.88 930 DELMAR DR 28 3.15.4522.2 CARR, ERIC 82.29 134.80 2155 RATTLESNAKE DR W 29 7.48.0748.2 CARR, JOEY $CARR, WILLIAM 88.32 129.34 2227 NAKANO DR E 30 15.21.3130.2 CARSTENSEN, LUCINDA 50.26 120.71 2854 STONE AVE N CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 3 Standard Payment Customers Feb 13, 2007 04:43pm Current Period: 02/20/2007 -Transactions Included Through: 02/20/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 31 9.15.2805.2 CARVER, KART 55.04 104.57 4179 RHODES AVE N 32 19.04.0001.1 CENTERPOINT SUB 120.31 320.97 SPK - CENTERPOINT SUB 33 4.70.2307.2 CIOFFI, NICHOLAS 93.85 140.73 858 BACALL ST W 34 8.81.0811.2 CIRRITO, SALVATORE & STEPHANIE 54.29 112.65 654 HERITAGE PARK ST E 35 4.70.1216.2 COBURN, GEORGE 8~ JOANN 54.48 102.96 1037 BACALL ST W 36 16.31.2286.4 COLSON, CAROL R 66.91 95.07 2852 14TH ST NW 37 17.33.2566.2 CONNELL, EDWARD 61.03 142.25 721 HAW K ST E 38 18.42.2530.2 CRAWFORD, CHRISTIAN 104.78 160.40 2031 LOCHMEADOW CT E NO ARRANGEMENTS TIL 11/24/07!!!-CASH ONLY TIL 11/24/07 FOR CUSTOMER WHO WROTE NSF TO KEEP/GET WATER BACK ON. 39 15.21.0458.2 CROW, KEN & ALICA 56.19 81.97 2966 OLD STONE WAY N 40 18.42.0346.2 DARREN STOUT 167.13 434.00 2392 APRICOT DR E 41 15.15.0042.3 DAVIS, C. & SARRELL, D. 102.91 164.25 1680 CLAIRE ST W 42 15.21.2228.3 DAVIS, JESSICA 143.26 310.23 2864 KANDICE CT W 43 17.34.1056.2 DAVIS, MIKE & MARY 70.94 114.34 2652 BOBCAT WAY N 44 14.14.4324.1 DBD INC. 69.82 157.61 3605 PATEL DR W 45 17.34.0944.2 DEBRAIE, RICHARD SR. & CYNTHIA 95.73 158.40 2418 VALMET AVE N 46 16.31.3244.3 DIXON, PHIL & ERIN 63.93 101.20 1193 DELMAR DR • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 4 Standard Payment Customers Feb 13, 2007 04:43pm Current Period: 02/20/2007 -Transactions Included Through: 02/20/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 47 17.33.2612.6 DONALDSON, NEAL 54.82 88.06 2924 CAPE COD AVE N 48 15.21.1958.1 DON, CHRISTY L. 94.25 138.42 2575 REBECCA WAY 49 17.85.0507.2 DUNNE, BRETT 98.02 102.39 266 RYEGATE DR E 50 8.08.1592.2 DUNN-GLASS, JULIE 78.75 124.85 3306 WESTON AVE N 51 17.85.0420.2 ELORDI, CHRISTINE ~ GEIGER, K. 97.22 163.04 2893 ALDGATE WAY N 52 16.31.0164.3 EPP, DANIEL 89.99 124.28 1336 RADIAL CT W 53 10.10.2520.2 FAY, ALAN SR. 132.61 209.19 2150 WINDCHIME DR W 54 8.08.1004.2 FIAMINGO, DAVID ~ BERNADETTE 142.32 204.71 3640 ETTA WAY N (CORNER) 55 6.06.1314.2 FIL, ERIC 8~ HAUNTZ-FIL, TAMMY 83.03 121.35 5303 SCHUMANN AVE N 56 15.22.0884.2 FISHER, CAL & JENNIFER 50.26 111.60 2165 GLENNFIELD WAY N 57 17.34.0552.1 FOSTER, BRADLEY D. 79.80 121.27 2120 AMETHYST PL N 58 8.08.5124.3 GALUSHKIN, BRANDY 8~ ANDRA 118.11 182.56 4529 MOONEY FALLS WAY N NO ARRANGEMENTS!! 59 13.09.0806.2 GARCIA, REANA 55.62 119.17 3046 ELISHA AVE N 60 14.20.0430.2 GARCIA, STEVE ~ JULIA 143.61 211.96 4490 WHITE ASH DR W 61 17.33.2302.1 GARRARD, DALE 72.62 119.77 599 BROWN BEAR ST E 62 9.92.0419.2 GERLACH, JULIE 70.06 93.14 4638 ZACHARY WAY N • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 5 Standard Payment Customers Feb 13, 2007 04:43pm Current Period: 02/20/2007 -Transactions Included Through: 02/20/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 63 3.90.0332.2 GONSALVES, DON 85.74 149.46 3033 DIVIDE CREEK DR W 64 18.42.1226.3 GONZALEZ, LUIS 65.32 104.69 2183 CLARENE ST E 65 16.31.3416.2 GORE, ROBERT ~ BONNIE 67.51 148.62 1033 FAIRWOOD CT 66 15.22.1754.3 GRAPATIN, JEREMY & EMILY 58.32 159.93 3101 MARBURG AVE N 67 9.15.3508.2 GRIFFIN, DAVID 8~ DIANE 76.80 100.93 4440 RHODES AVE N 68 15.22.2326.6 GUINN, PHILLP M 70.35 140.80 1813 WHITESTONE CT W 69 15.21.0462.3 GUNNERSON, PATRICK ~ IVY 65.06 148.55 2470 WHITESTONE DR W NO ARRANGEMENTS TIL 7/11/07!!!--CASH ONLY TIL 7/11/07 FOR IVY 8~ PATRICK GUNNARSON (RENTERS)WROTE NSF TO KEEP/GET WATER BACK ON. 70 15.22.0910.5 GURZHIY, VADIM 317.45 322.43 2041 CHATEAU DR W 71 4.70.0194.4 GUTKE, STEVE ~ MOLLY 91.43 122.29 5757 ARLISS AVE N 72 14.19.0234.3 HAFEMAN, BRIAN J & GLENDA J 56.19 86.00 2491 TURNBERRY WAY N 73 14.19.6514.1 HARRIS, JONATHAN 70.70 122.93 3499 NIEMANN DR W 74 8.08.5188.4 HAUGEN, CELINE 127.53 212.62 1198 GRAND CANYON ST E 75 3.90.1006.3 HAYDEN, JOSEPH 86.62 128.97 2871 WAPOOT ST W 76 9.92.1310.3 HELFENSTEIN, D 8 POWELL, A 121.09 169.57 4751 ZACHARY WAY N NO ARRANGEMENTS!!!!!!!!!!!!! • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 6 Standard Payment Customers Feb 13, 2007 04:43pm Current Period: 02/20/2007 -Transactions Included Through: 02/20/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 77 10.55.2917.2 HENNEMAN, STEPHEN & LORI 95.55 99.92 2496 ASTONTE DR W 78 17.33.4346.1 HOLLOWAY, PAIGE 66.43 123.74 2531 LARCHMONT AVE N 79 7.04.0907.3 HORSEWOOD, AARON 156.26 205.79 1646 TERRITORY DR E 80 15.22.1214.3 HOWELL, TROY & MARY 154.16 230.74 2172 HENDRICKS ST W 81 19.10.1304.2 HOYT, BRIAN 104.12 145.14 4184 RACE ST E 82 9.09.0274.2 HUNTER, DANIEL 114.29 164.42 3694 PRICE WAY N 83 9.90.1702.3 HYMAS, AARON 100.94 152.40 953 YOSEMITE DR W 84 16.32.1332.5 JAMES, SHEILA 55.87 113.29 64 WOODBURY DR W 85 16.32.0616.2 JOHNSON, CONNIE JO 54.22 101.37 1910 CRESTMONT DR 86 17.85.0414.2 JOHNSTON, MANDY 118.11 181.83 2725 ALDGATE WAY N 87 17.33.3654.3 KLINE, KEVIN 8~ GAIL 66.86 119.37 469 BALDWIN ST E 88 3.15.1403.2 KNEFEL, MISTY 137.87 164.98 1807 HAM RAPIDS ST W 89 3.90.0050.2 KNIGHTON, PAUL 8~ NICOLE 105.91 154.39 5433 AREZZO AVE N 90 9.09.9230.2 KOCH, CHRISTOPHER ~ MISHELLE 76.23 128.46 4183 MCKINLEY PARK AVE N CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 7 Standard Payment Customers Feb 13, 2007 04:44pm Current Period: 02/20/2007 -Transactions Included Through: 02/20/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 91 15.21.2712.5 KRUITBOSCH, MELISSA 74.23 117.35 3173 FOXTROTTER DR W 92 17.79.0908.2 KVENBO, K. & THOMAS, T. 81.27 139.91 539 BLUE HERON ST E 93 16.32.0522.5 LAFOLLETTE, BILLY & SHIRLEY 82.16 106.64 1843 LAWNDALE DR 94 9.09.0004.2 LANDIS, NICHOLIS 66.83 112.93 141 ANTON ST W 95 15.21.2814.2 LANDOW, JOANN 93.51 158.88 2496 MORELLO AVE N 96 3.90.0832.2 LANE, JULI 77.56 135.15 2894 WAPOOT ST W NO ARRANGEMENTS ALLOWED FOR RENTERS, PER HPM!!! 97 9.92.0130.2 LANG, PHILIP 116.19 120.56 1343 COBBLEFIELD ST W 98 18.42.1782.1 LANSING, DANNETTE 99.79 137.66 2030 DEVLIN AVE N 99 15.22.1324.2 LANTZ, JAMES & ANNA 67.71 143.52 1925 MONACO WAY 100 3.15.2515.3 LEACH, BRAD 71.88 94.96 5946 TEEKEM FALLS WAY N 101 8.15.0315.2 LEONG, HOWARD 71.88 94.96 4631 DIAMOND CREEK AVE N 102 15.21.3296.3 LI, BRIDGETT 133.14 193.60 3037 HEARTH AVE N 103 8.08.5058.4 LIEU, TINA MARIA 65.47 112.90 4462 SUPAI AVE N 104 15.21.0040.3 LUCERO, JERRY 76.34 118.41 2002 KRISTEN WAY 105 3.90.0329.2 LYNDES, CHRISTIAN 122.88 226.90 3107 DIVIDE CREEK DR W CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 8 Standard Payment Customers Feb 13, 2007 04:44pm Current Period: 02/20/2007 -Transactions Included Through: 02/20/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 106 3.90.0324.3 MADINA, JOSE 62.46 85.54 5263 AREZZO AVE N 107 13.09.0614.2 MAN, RICHARD 68.70 91.78 2860 CHRISTIAN WAY N 108 17.34.1472.1 MARKHAM, RON 108.14 153.19 2898 MULE DEER WAY N 109 9.92.7030.3 MARQUEZ, SONIA 168.35 235.22 1319 LORETTA ST W 110 18.42.1206.1 MARTIN, LOREN 60.22 100.19 1975 DIXIE AVE N 111 12.40.0209.2 MARTINEZ, ROBERT 116.35 168.86 3397 ELMSTONE AVE N 112 17.79.0828.3 MAUZY, TIFFANY 57.41 103.96 463 CHATEAU DR E 113 9.92.7014.3 MCKINNEY, SCOTT 58.85 101.20 1483 LORETTA ST W 114 18.43.0428.2 MERTES, JEFFREY P. 114.08 163.61 2502 MEADOWGRASS ST E (CORNER) 115 17.34.1938.3 MILLER, DON 84.82 110.00 705 WILLOWBROOK DR E 116 9.09.0288.2 MILLER, JAMES 88.43 143.64 3602 ALEXIS WAY N 117 8.08.1208.2 MORALES, FELIZA 58.60 129.05 283 CARVER DR E NO ARRANGEMENTS ALLOWED FOR RENTERS, PER HPM!!! 118 6.06.9590.2 MORGAN LAUREL 72.31 118.41 2192 MEADOW CREEK DRIVE E 119 13.09.0305.4 MOSS, BRETT ~ KRISLEE 140.68 196.94 3045 CHRISTIAN WAY N CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 9 Standard Payment Customers Feb 13, 2007 04:44pm Current Period: 02/20/2007 -Transactions Included Through: 02/20/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address 120 15.21.3146.3 MULENDORE, D. $ MORA, J. 3036 HEARTH AVE N Past Due Balance 108.94 166.25 121 9.09.0724.1 MURILLO, EDUARDO 99.15 103.52 3863 THAIN AVE N 122 9.92.7158.2 MURRAY, JAY & MELISSA 81.54 125.99 1490 LORETTA ST W NO ARRANGEMENTS!!!!!!!!!!! 123 18.42.1242.2 MURRAY, JOCELYN 151.76 199.96 2467 CLARENE ST E 124 3.18.0816.3 NEILSON, CHRISTOPHER 60.09 103.21 4997 LOLO PASS WAY N 125 15.21.1158.3 NILSON, ERIC & CHRISTINE 50.53 116.95 2472 MAXIE WAY N 126 17.34.1520.1 PALMER, ANNETTE 50.26 106.52 2932 MULE DEER WAY N 127 15.15.3010.3 PAMELA DE JONG TRUST 93.61 133.11 1734 EMERALD FALLS DR W 128 8.81.0538.3 PARSONS, JASON 65.81 88.89 3724 TIPTON PL N 129 3.18.1617.2 PENNINGTON, JARA 146.27 150.64 2628 DITCH CREEK DR W 130 15.22.1500.2 PETERS, KEITH 150.11 175.89 1718 SANDALWOOD DR W 131 13.13.8426.4 PETERSON, ALAN 89.82 143.71 4935 MOONLAKE DR W (CORNER) 132 18.42.1842.1 PHILLIPS, ANIKA 78.44 128.57 2101 DIXIE AVE N 133 15.22.1058.2 PIPER, LARRY & DEBI 125.77 217.87 2018 WATERFALL AVE N 134 15.21.0508.2 PITCHER, CHRISTA 8~ MIKE 162.56 234.06 2858 QUARRYSTONE WAY N PITCHER (RENTER) NO LONGER ABLE TO MAKE ARRANGEMENTS. DID NOT CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 10 Standard Payment Customers Feb 13, 2007 04:44pm Current Period: 02/20/2007 -Transactions I ncluded Through: 02/20/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance KEEP THE ONE MADE ON 7/10/06 TO PAY 7/14/06. 135 15.21.0078.1 POTRIDGE, GAIL 50.26 114.58 2380 LEANN WAY 136 16.32.0570.4 PREHODA ,BRYAN 74.61 153.40 630 CRESTMONT CL 137 17.85.0415.2 RAMOS, RENEE 104.94 104.94 2733 ALDGATE WAY N 138 17.85.0510.2 RAMOS, RENEE 341.74 341.74 2710 ALDGATE WAY N 139 3.18.1806.2 REYES, CHRISTINA 70.94 122.40 5421 STANLEY CREEK AVE N 140 10.10.0078.1 ROBERSON, JACK 60.11 100.08 3073 PUDU ST W 141 18.42.2596.2 RODERICK, RICHARD ~ GLENDA 54.29 108.58 2052 LOCHMEADOW CT E 142 18.43.0328.2 RODIN, ADAM & HEATHER 195.22 276.44 2286 CHANDRA WAY N (CORNER?) NO ARRANGEMENTS TIL 7/28/07!!!--CASH ONLY TIL 7/28/07 FOR CUSTOMER WHO WROTE NSF TO KEEP/GET WATER BACK ON. 143 15.21.0242.3 ROW E, MARG I E 129.71 181.94 2848 OLD STONE WAY N 144 18.43.0056.5 SAILORS, ANDREW 50.26 118.61 2244 HICKORY WAY N 145 13.09.0205.4 SCHMUTZ, KATIE 144.11 230.48 5354 MCMURTREY ST W 146 10.10.1078.3 SCHOOLEY, JEFF ~ LISA 62.35 137.88 2586 PRIMELAND DR W 147 17.33.2584.2 SCHULER, ROBERT & JAMIE 83.70 137.26 730 WAKELY CT E 148 15.21.3286.2 SHARP, EILEEN & PERRY 112.86 138.64 3120 PEBBLESTONE ST W 149 17.34.0841.6 SHRAUGER, BRENDA 65.47 107.82 830 BLUE HERON ST E ~ i CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 11 Standard Payment Customers Feb 13, 2007 04:44pm Current Period: 02/20/2007 -Transactions Included Through: 02/20/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 150 15.21.0208.1 SILSBY, TERRY 150.30 202.53 2674 OLD STONE WAY N 151 15.15.0764.2 SILVA, MANUEL 8~ MARIA 120.89 171.02 2558 ROUGH STONE PL N 152 10.10.2020.2 SIMMONS, ADAM 102.30 135.54 2143 GRASSY BRANCH DR W 153 13.13.5012.2 SINCLAIR, ANDREW ~ JULIE 182.00 205.08 4869 TOURNAMENT DR W 154 15.21.2836.2 SINGLETON, RODNEY 78.94 150.00 2777 STALLION ST W 155 15.21.1734.5 SMITH, BRENTLEY & SARAH 72.20 118.30 2053 KRISTEN WAY 156 16.31.3562.3 SMITH, JUSTIN & TAMMY 94.59 173.27 1028 STOREY AVE 157 18.42.2068.2 SMITH, NATE 64.14 97.98 2355 MEADOW WOOD DR E 158 9.92.0128.2 SOLIMENA, ROBERT ~ TATYANA 104.11 127.19 1301 COBBLEFIELD ST W 159 9.20.0504.2 SOTIRIADIS, IRENE EFFI 548.58 548.58 3723 BUCKSTONE AVE N 160 14.20.1468.2 SPARKS, GEORGE 8 ANN 151.36 177.14 3545 BIRDIE CT W 161 14.14.3618.3 STACEY, CHRIS 111.58 181.77 4103 BEDROCK DR W 162 17.34.3194.2 STATES, VAN 117.49 229.26 1121 STORMY DR E NO ARRANGEMENTS ALLOWED FOR CARSON (RENTER) UNTIL 2/5/08 DUE TO NOT KEEPING LAST ARRANGEMENTS. 163 15.22.1596.4 STEINEBACH, CLINT 8~ CYNTHIA 66.05 123.53 1767 BEARDON CT NO ARRANGEMENTS ALLOWED FOR RENTERS!!! 164 16.21.0719.2 STENGE, SYLVAN 8~ SLAVENSKY, W 61.79 88.90 2835 RIDGE HAVEN WAY N +t i CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 12 Standard Payment Customers Feb 13, 2007 04:44pm Current Period: 02/20/2007 -Transactions Included Through: 02/20/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 165 16.21.0206.2 STEWART, SCOTT 8~ STEVEN 83.56 151.48 2706 RIDGE HAVEN WAY N 166 13.09.0407.2 STUPAK, PAVEL 103.95 108.32 2804 ELISHA AVE N 167 4.70.2705.2 SULLIVAN, JERRY & DONNA 82.94 106.02 1236 BACALL ST W 168 10.10.1084.2 TAKASUGI, LYNETTE M. 92.02 140.22 2640 PRIMELAND DR W 169 7.48.1904.1 TENNANT ENT 74.97 134.21 3674 PETTY WAY N 170 18.42.2096.2 THOMAS, BARBARA A 97.31 133.25 2224 WINGATE PL N 171 17.33.2768.5 THOMAS, JEAN 87.75 110.83 596 EDGAR ST E 172 14.19.5490.1 THOMPSON, DENNIS 135.61 215.34 3551 ANGELICA DR W 173 16.32.1770.2 TJB INVESTMENTS, LLC 123.57 212.24 2835 MERIDIAN RD N 174 16.32.1772.2 TJB INVESTMENTS, LLC 58.85 89.99 2825 MERIDIAN RD N 175 18.42.2344.3 TUCKER, JOHN 117.59 136.94 2260 LOCHNESS WAY N 176 17.79.0207.2 TURCOTTE, TINAE 118.43 169.61 756 BLUE HERON ST E 177 3.92.0403.2 TURLEY, GRANT 96.40 100.77 2956 LOST RAPIDS DR W 178 8.08.1086.3 VALI, HUGH ~ DIANE 70.41 142.96 184 MOSKEE ST E DO NOT WAIVE FEES FOR PM-SEE NOTES IN 15.15.0278.4 NO ARRANGMENTS 179 15.21.2884.3 VANNEWKIRK, TAI 113.40 154.42 3054 FOXTROTTER DR W 180 9.90.1251.2 WALKER, JUSTIN 58.79 103.57 845 GREAT BASIN DR W CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 13 Standard Payment Customers Feb 13, 2007 04:45pm Current Period: 02/20/2007 -Transactions Included Through: 02/20/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 181 13.13.6116.2 WALTERS, JIM ~ MARY 138.35 207.15 4990 MCMURTREY ST W (CORNER) 182 16.31.3594.2 WARDLE, JOHN 86.41 131.91 925 YOST AVE 183 15.21.2096.3 WATSON, PAUL 8 TRICIA 112.17 218.18 2936 STEPHANIE CT W 184 15.21.3028.4 WEBB, JASON & BRENDA 98.28 138.25 3095 RAVENHURST ST W 185 9.09.0610.2 WEBSTER, LARRY 66.66 111.71 617 ASHBY DR W 186 3.18.0311.2 WEEKS, JEFFREY & LADAWN 58.32 121.76 2313 WAPOOT DR W 187 8.08.5014.3 WEST BOW ASSOCIATION 68.28 113.33 1498 GRAND CANYON ST E 188 16.31.3636.2 WHITE, BOB & DEBBRA 151.63 151.63 2005 BLOSSOM PL 189 16.16.3508.2 WHITMIRE, SCOTT ~ SYNDI 94.68 142.11 478 SEDGEWICK DR W 190 8.08.1244.2 WILSON, JACOB & ANDERSON, MERI 79.51 115.45 411 CASSIDY DR E 191 15.22.1756.2 YEDID, LAVI & BARBARA 74.11 103.92 3079 MARBURG AVE N 192 16.32.0692.1 YOCOM, KATHERINE 143.48 229.62 268 CRANMER DR 193 17.79.0705.2 ZTLATAN, BEHRIC 93.96 133.93 2060 EUREKA AVE N Grand Totals: 193 Customers Listed 18,696.69 28,818.82