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HomeMy WebLinkAboutDakota Ridge AZ PP VACOFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY 0. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone {208) 888-4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman • Planning 8 Zoning TRANSMITTAL TO AGENCIES FOR COMME)~E~~N LOPMENT PROJECTS WITH THE CITY OF To insure that your comments and recommendations wilt be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: Aor~ 1995 TRANSMITTAL DATE: 3/27195 HEARING DATE: 4/18/95 REQUEST: acation of easement BY: Ci of Meri i n ~.__..,~ ,.: ~ ~Q+:.-Ir Rnar~ and West of_~n_ LOCATION OF PROPERTY OR PROJECT: ~~ Mien a JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C _MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER TY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8t FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8t FINAL PLAN U.S. WEST(pRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8t FINAL PLAT) BUREAU OF RECLAMATION(PRELIM ~ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: CI CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 Phone: (208) 888-4433 Fax: (208) 887-4813 yACATION APPLIC TA_ ION_ (RE: Meridian Zoning Ordinance) $$'j, 22t 1 (. {'k.t, v~ A,t,ww Phone:8 g $~ ~' 4-3 3 APPLICANT: ~ t ~ B ADDRESS: ?J 3 '~ ~ ~d..~.I~.,o ,~,~ ~ V1n.~ud ~ ~. , ~d~~ 8 3b4-~- OWNER: Lech W~,~ ,~rt' G~l N ~~~„-~^±~'' Phone: $~~ • 1.6 8 9 ADDRESS: 3$ 7S W . U s ~'{ k 12 ~ . - ~d i '`"" - $ 3 G ~ Z GENERAL LOCATION:! '/4 Sec. 3 , T; 3 nl . ~ 12.1 w, ~b.,~r. LEGAL DESCRIPTION OF PROPERTY: Set A~}'~-c,In,cd PROOF OF OWNERSHIP OF VALID OPTION: A copy of your property deed or option agreement must be attached. PRESENT ZONE CLASSIFICATION: ~- VICINITY SKETCH: A vicinity map and/or site plan at a scale approved by the City showing property lines, streets existing and proposed zoning and such other items as the City may require (30 copies). SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses within, contiguous to, directly across the street from, and within a 300' radius of the proposed vacation must be attached. (This information is available from the County Assessor.) Fee in the amount of $225.00 + $1.42/notice + publication costs DESCRIPTION OF PROPOSED VACATION: ~0 ~~ a ~?• ~ ~ ~A0 ~ ~~NO-~ SIGNATURE: D•~ 9-611 A VACATIONS AND DEDICATIONS i . ~Rnlication Procedure - a. Application - Any property owner desiring to vacate an existing subdivision, public right-of--way or easement shall complete and file an application with the Administrator. These provisions shall not apply to the widening of any street which is shown on the Comprehensive Development Plan, or the dedication of streets, rights-of--way or easements to be shown on a recorded subdivision. b. Administrator Action -Upon receipt of the completed application, the Administrator shall affix the date of application acceptance thereon. The Administrator shall place the application on the agenda for consideration at the next regular meeting of the Commission which is held not less than fifteen (15) days after said date of acceptance. 2. i n- a. Commission Recommendation -The Commission shall review the request and all agency response and make a recommendation to the Council for either approval, conditional approval, or denial. b. Council Action - 1) When considering an application for vacation procedures, the Council shall establish a date for a public hearing and give such public notice as required by law. The Council may approve, deny, or modify the application. Whenever public rights-of--way or lands are vacated, the Council shall provide adjacent property owners with aquit-claim deed for the vacated rights-of-way in such proportions as are prescribed by law. 2) When considering an application for dedication procedures, the Council may approve, deny or modify the application. When a dedication is approved, the required street improvements shall be constructed or a bond furnished assuring the construction, prior to acceptance of the dedication. To complete the acceptance of any dedication of land, the owner shall furnish to the Council a deed describing and conveying such lands to be recorded with the County Recorder. 3) Vacations and dedications of rights-of--way for public streets must be in conformity with the policies of, and approved by, the Ada County Highway District. PARTIAL EASEMENT VACATION This public entity signatory hereto relinquishes any and all of their rights to the following described public utilities, irrigation, and drainage easements. DESCRIPTION FOR VACATION OF A PORTION OF A 20-FOOT PERMANENT SANITARY SEWER EASEMENT LEONARD A. & FREDA NADINE ASCHENBRENNER A PORTION OF GOVERNMENT LOT 2 NORTHEAST 1/4, SECTION 3 T. 3 N., R. 1 W., B.M. ADA COUNTY, IDAHO A strip of land 20 feet in width lying 10.00 feet Westerly of and 10.00 feet Easterly of and adjacent to the following described line lying in Government Lot 2 of the Northeast 1/4, Section 3, T. 3 N., R. 1 W., B.M., Ada County, Idaho; Beginning at the Northwest corner of said Government Lot 2 of the Northeast 1/4, Section 3; thence South 89°06'36" East 1,190.42 feet along the Northerly boundary of said Government Lot 2 of the Northeast 1/4, Section 3, to a point; thence South 00°53'24" West 293.46 feet to a point; thence South 23°00'53" West 254.37 feet to a point; thence South 00°26'04" West 326.25 feet along a line Westerly of and parallel to the Easterly boundary of said Government Lot 2 of the Northeast 1/4, Section 3, to a point; thence South 14°45'00" East 394.13 feet to a point, thence South 00°58'00" West 97.10 feet to a point, said point being the REAL POINT OF BEGINNING, of this Vacation Easement; thence continuing South 00°58'00" West 35.05 feet to a point on the Southerly boundary of said Government Lot 2 of the Northeast 1/4, Section 3, also said point marking the point of ending of the above described permanent sanitary sewer easement vacation.. Entity By: _ Name: Title: PLS-BOI 58-039 AFFFDAYI'f Of~ COMpLtANCE 1994 City ate Mere Ian, Idaho Attont ~,~ erry Stiles, Punning Director E and and he necessity of and commit the posting of the Dakota Ridge Subdivision site by A t S, 1 ,which #s swan (7) days prior to the pubiec hearing before the Meridian f~lanni g t Toning Cattvnission. I ~, r'~','~ Mike 31:re~Yberrv: Rav1s and Associates, P.A. STATE: pf~DAHO) County of a jSS An this ~ ~ day of ~ 1994, befort he undcxsigned, a Notary PubticN in a far the Strite, personalty appeared ~, ~~-~~^ knoWm to sne ~o be a person whose name is subscribed to the foregoing instrument aCkna fodg to me tfust he executed the same. tN W! NE S WNEitfi~f~, I gave hereunto set my hand end affixed my official leaf the day a yea ~ in t ' 'care first above written. { ~;~ - Mote Retcidi ~ CAL ,Idaho A ~+~~ y~ yll ~~~~54'i~+`+4 ~ - r: , 2 - i i : ± tip' *: j ..'°^ t ~fl ~~. i ~l,.r~,.~~.r' a t~tA Aor i MERIDIAN CITY COUNCIL MEETING: APRIL 18 1995 APPLICANT CITY OF MERIDIAN ITEM NUMBER; 7 REQUEST; PUBLIC HEARING REQUEST FOR VACATION OF A SANITARY EASEMENT AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER COMMENTS MINUTES FROM 4-11-95 P 8~ Z MEETING SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning & Zoning Commission April 11, 1995 Page 42 ITEM #16: REQUEST FOR VACATION OF A STREET EASEMENT BY W.H. MOORE COMPANY: Johnson: Is there a representative that would like, come see us and tell us what you want to do. He doesn't have to be sworn does he? Moore: On the Meridian Business Park there is re-subdividing the original plat which was 3 lots, 3 blocks into several smaller lots in each block. On the plat on note 2 there is a 5 foot easement for future street adjacent to the 50 foot street right of way. Mr. Priester will not sign the plat because he recognizes that easement as a public right of way. I have a letter from and I think you have a copy of it from the Ada County Highway District Attorney stating that they did not accept that as an easement or as a public right of way. We are requesting that note on that plat be vacated referring to the 5 foot future public street easement. Johnson: Any questions? Okay, our City Clerk has instructed as what our action is on this issue on the last page of your documents there. In other words we have to make a recommendation to the City Council. Rountree: Mr. Chairman, I make a motion that we pass a favorable recommendation to the City Council for the vacation of the subject easement. Shearer: Second Johnson: Its been moved and seconded that we recommend to the City Council a favorable approval of the vacation of the easement for W.H. Moore Company, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #17: REQUEST FOR VACATION OF A SANITARY EASEMENT BY CITY OF MERIDIAN (FOR ASCHENBRENNERS PROPERTY): Johnson: Is there someone here that would like to address the Commission on that issue, Gary Smith, would you like to do that? Smith: Mr. Chairman, Commission members, the Lake at Cherry Lane No. 3 subdivision required that a certain length of the existing sewer line serving all of the property to the south of the Lake No. 3 be relocated into a public right of way that was being platted as part of that subdivision at the Lake No. 3. When they moved the sewer line to conform to their platted right of way they had to adjust or construct a short length of line from their Meridian Planning & Zoning Commission April 11, 1995 Page 43 relocated line back to the existing line in Mr. Aschenbrenner's property. In order to get to that existing line in Achenbrenner's property they had to cross had to create a new alignment across Aschenbrenner to make that connection. Mr. Aschenbrenner after some monetary consideration granted an easement to The Lake No. 3, the developer. Johnson: How much monetary consideration? Smith: I am not absolutely certain, I was told a number but that is only hearsay. In the process of granting that easement Mr. Aschenbrenner requested and we concurred that the existing length of sewer easement should be vacated and obviously that corresponding length of sewer line is being abandoned. So that is the reason for this request. It was, Mr. Aschenbrenner requested that it be vacated as part of him granting the other easement. It is about 60 some feet long is all it amounts to by 20 feet wide. (Inaudible) Smith: Yes, we don't need to easement and Mr. Aschenbrenner doesn't want it clouding his property for future development obviously. Crookston: Is there sewer line in it, in the easement? Smith: Yes, there is an abandoned length of I think it is 15 inch diameter sewer line. Crookston: And that is no longer needed? Smith: No sir, it has been replaced with a new piece of pipe. We have, the relocated sewer in the Lake No. 3 which is not an officially platted subdivision or recorded subdivision we have asked for an easement from the developer which he said he would give to us so that we have an actual easement there for the sewer line. The rest of it until such time that plat is recorded. Johnson: Any other questions? Alidjani: (Inaudible) Smith: I was told tonight that it clashes with the rest of my outfit. Crookston: It is only the rabbit's ears. Johnson: Okay, so do we want to do this or do we want to be obstinate? Meridian Planning & Zoning Commission April 11, 1995 Page 44 Shearer: I move that we recommend to the City Council that we abandon this easement. Johnson: Okay, we have a motion for abandonment, Crookston: I would recommend that you recommend approval of the vacation of the easement, it is tired and it needs a break. (Inaudible) Rountree: Second Johnson: Moved and seconded to grant the vacation of a sanitary easement, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: I have one other question for you Gary before you leave, I want you to absolutely guarantee us that Don Brian will get water this summer. Smith: We are working real hard at that. Rountree: I move we adjourn. Shearer: Second Johnson: Moved and seconded we adjourn, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 10:22 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: JIM JOHNSON, CHAIRMAN ATTEST: WILLIAM G. BERG, JR., CITY CLERK HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888.4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor April 7, 1995 MEMORANDUM TO: Mayor, Council, PI Wing & Zoning FROM: Gary D. Smith ~,w~ RE: VACATION OF SANITARY SEWER EASEMENT (Aschenbrenner Property) COUNCIL MEMBERS RONALD R. TOLSMA MAXYERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman • Planning 8 Zoning A portion of the existing sanitary sewer line serving the Cherry Lane Vllage, Sunburst, Rod's Parkside, The Lake at Cherry Lane No. 3 and Golfview Subdivisions is located in Leonazd Aschenbrenner's property. When "The Lake at Cherry Lane No. 3 Subdivision" (south of the Aschenbrenner property) was submitted for approval the developers relocation of the sewer line through their property required the relocation of a short length of the sewer line in Aschenbrenner's property. Aschenbrenner has granted an easement for the relocated sewer line in his property and this vacation request eliminates the portion of the existing easement on his property that is no longer used. HUB OF TREASURE VALLEY COUNCIL MEMBERS OFFICIALS od Place to Live A G o RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer CITY OF MERIDIAN MAX YERRINGTON ROBERT D. CORRIE GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. 5TUART, Water Works Supt. 33 EAST IDAHO SHARI STILES JOHN T. SHAWCROFT, Waste water Supt. Planner 8 Zoning Atlministrator KENNY W. BOWERS, FireChiet MERIDIAN, IDAHO 83642 W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON. JR., Attorney Phone (208) 888.4433 • FAX (208) 887-4813 JIM JOHNSON Chairman - Planning 8 Zon~nS Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: A np '1 11~ 1995 TRANSMITTAL DATE: 3/27!95 HEARING DATE: 4118/95 REQUEST: Vacation of easement BY: City of Meridian LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and West of Ten Mile Road JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM St FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM ~ FINAL PLAT) U.S. WEST(PRELIM 8t FINAL PLAT) INTERMOUNTAIN GAS(PRELIM $ FINAL PLAT) BUREAU OF RECLA TION(PRELIM 8t AL PLAT) CITY FILES ATNFR• '~ YOUR CONCISE D MAR 3 1 1995 CITY 01~ MERIDIAN HUB OF TREASURE VALLEY COUNCIL MEMBERS OFFICIALS A Good Place to Live RONALD R. TOLSMA City Treasurer GASS JANICE L l B R CITY OF MERIDIAN 08ERT D!CORR E , . Engineer P'E. City TH GARY D. SMI WALT W. MORROW BRUCE D. 5TUART, Water Works Supt. 33 EAST IDAHO SHARI STILES JOHN T. SHAWCROFT, Waste water Supt. Planner 82oning Administrator KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 W.L. "BILL" GORDON. Police Chief Phone {208) 8884433 • FAX (208) 887813 JIM JOHNSON Chairman • Planning 8 Zoning WAYNE G. CROOKSTON, JR.. Attorney Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: Aaril 11 1995 TRANSMITTAL DATE: 3/27195 HEARING DATE: 4118/95 REQUEST: Vacation of easement BY: Ci of Meridian LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and West of Ten Mile Ro JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C1C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES ~_ [~,~ (~ ~' ATL.~C~. YOUR CONCISE REMARKS: ~.,~ ~ cam, w~~ t- ~'~r - ~: /ci Pr ~nf c. Adequate drainage is provided so as to reduce exposure to flood hazards. 9-611 A VACATIONS AND DEDICATIONS 1. Application Procedure - a. Application - Any property owner desiring to vacate an existing subdivision, public right-of-way or easement shall complete and file an application with the Adminis- trator. These provisions shall not apply to the widening of any street which is shown on the Comprehensive Develop- ment Plan, or the dedication of streets, rights-of-way or easements to be shown on a recorded subdivision. b. Administrator Action - Upon receipt of the completed application, the Administrator shall affix the date of application acceptance thereon. The Administrator shall place the application on the agenda for consideration at the next regular meeting of the Commission which is held not less than fifteen (15) days after said date of acceptance. 2_ Action - a. Commission Recommendation - .The Commission shall review e request an a agency response and make a recommenda- tion to the Council for either approval, conditional approval, or denial. b. Council Action - 1) When considering an application for vacation proce- dures, the Council shall establish a date for a '_ public hearing and give such public notice as required by law. The Council may approve, deny or modify the application. Whenever public rights-of-way or lands are vacated, the Council shall provide adjacent property owners with a quit-claim deed for the vacated rights-of-way in such proportions as are prescribed by law. 2) When considering an application for dedication proce- dures, the Council may approve, deny or modify the application. when a dedication is approved, the required street improvements shall be constructed or a bond furnished assuring the construction, prior to acceptance of the dedication_ To complete the accep- tance of any dedication of land, the owner shall furnish to the Council a deed describing and conveying such lands to be recorded with the County Recorder. -38- "• MERIDIAN PLANNING & ZONING COMMISSION MEETING: APRIL 11 1995 APPLICANT: CITY OF MERIDIAN AGENDA ITEM NUMBER: 17 REQUEST: REQUEST FOR VACATION OF A SEWER EASEMENT (ASCNFN~RENNERS PROPERTYI AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS OTHER: 9,11 Materials presented at public meetings shall become property of the City of Meridian. .,. OFFICIALS WILLIAM G. BERG, JR., City Cierk JANICE L. GASS, City Treasurar GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888.4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor April 7, 1995 MEMORANDUM TO: Mayor, Council, Pl Wing & Zoning FROM: Gary D. Smith ~.w~ RE: VACATION OF SANITARY SEWER EASEMENT (Aschenbrenner Property) COUNCIL MEMBERS RONALD R. TOLSMA MAk YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman • Planning S Zoning A portion of the existing sanitary sewer line serving the Cherry Lane Village, Sunburst, Rod's Parkside, The Lake at Cherry Lane No. 3 and Golfview Subdivisions is located in Leonard Aschenbrenner's property. When "The Lake at Cherry Lane No. 3 Subdivision" (south of the Aschenbrenner property) was submitted for approval the developers relocation of the sewer line through their property required the relacation of a short length of the sewer line in Aschenbrenner's property. Aschenbrenner has granted an easement for the relocated sewer line in his property and this vacation request eliminates the portion of the existing easement on his property that is no longer used. HUB OF TREASURE VALLEY ` COUNCIL MEMBERS OFFICIALS A Good Place to Live RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer CITY OF MERIDIAN MAX YERRINGTON WALT W. MORROW GARY D. SMITH, P.E. City Engineer SHARI STILES BRUCE D. sruART, water works st,pt. 33 EAST IDAHO Planner 8 Zoning Administtatcr JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. 80WERS, Fite Chief MERIDIAN, IDAHO 83642 JIM JOHNSON W.L. "BILL" GORDON, Police Chief Phone (208) 888433 • FAX (208) 8873813 Chairman • Planning 8 Zon~nc, WAYNE G. CROOKSTON. JR., Attorney Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: April 11 1995 TRANSMITTAL DATE: 3127195 HEARING DATE: 4118/95 REQUEST: Vacat'o of easement BY: Ci of Me 'dian LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and West of Ten ile oa JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER ciTY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER. C0.(PRELIM St FINAL PLAT) U.S. WEST(PRELIM 8t FINAL PLAT) INTERMOUNTAIN GAS(pREUM & FINAL PLAT) BUREAU OF RECLA TION(PRELIM ~ AL PLAT) CITY FILES /~ ATr_.I Ctn. //iI ~l /fif YOUR CONCISE REMARKS:. MAR 3 1 1995 CITY OF ibIERIDIA?~ - HUB OF TREASURE VALLEY COUNCIL MEMBERS OFFICIALS A Good Place to Live RONALD R. TOLSMA WILLIAM G. BERG, JR., City Cierk JANICE L. GASS. City Treasurer CITY OF MERIDIAN MAX YERRINGTON ROBERT D. CORRIE MORROW WALT W GARY D. SMITH, P.E. City Engineer . SHARI STILES elaucE D. sruART, Wave. Works supt. JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO Planner 8 Zoning Administrator KENNY W. BOWERS. Fire Chief MERIDIAN, IDAHO 83642 JIM JOHNSON W.L. "BILL" GORDON, Police Chief phone (208) 888433 • FAX (208) 887-4813 Chairman • Planning fl Zoning WAYNE G. CROOKSTON, JR., Attorney Pubiic Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: April 11 1995 TRANSMITTAL DATE: 3127195 HEARING DATE: 4/18/95 REQUEST: ac tion of ease e t BY: i of a 'di n LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and West of Ten Ile R JIM JOHNSON, P2 MOE ALIDJANi, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8 FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. yl-EST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8t FINAL PLAT) BUREAU OF RECLAMA'TION(PRELIM 8~ FINAL PLAT) CITY FILES j ~~ OTHER: ~J YOUR CONCISE REMARKS: ILl1 ~ L~, hs~ cs T' F .'~-.1 ' r i ~~;;i f 'r vt iMIt;K1UtR C7~ ~~~'`-~--- ,-- c. Adequate drainage is provided so as to reduce exposure to flood hazards. 9-611 A VACATIONS AND DEDICATIONS 1. Application Procedure - a. Application - Any property owner desiring to vacate an existing subdivision, public right-of-way or easement. shall complete and file an application with the Adminis- trator. These provisions shall not apply to the widening of any street which is shown on the Comprehensive Develop- ment Plan, or the dedication of streets, rights-of-way or easements to be shown on a recorded subdivision. b. Administrator Action - Upon receipt of the completed application, the Administrator shall affix the date of application acceptance thereon. The Administrator shall place the application on the agenda for consideration at the next regular meeting of the Commission which is held not less than fifteen (15) days after said date of acceptance_ _ 2_ Action - a. Commission Recomme dation - The Commission shall review e request an a agency response and make a recommenda- tion to the Council for either approval, conditional approval, or denial. b. Council Action - 1) When considering an application for vacation proce- dures, the Council shall establish a date for a public hearing and give such public notice as required by law. The Council may approve, deny or modify the application. whenever public rights-of-way or lands are vacated, the Council shall provide adjacent property owners with a quit-claim deed for the vacated rights-of-way in such proportions as are prescribed by law. 2) when considering an application for dedication proce- dures, the Council may approve, deny or modify the application. When a dedication is approved, the required street improvements shall be constructed or a bond furnished assuring the construction, prior to acceptance of the dedication. To complete the accep- tance of any dedication of land, the owner shall furnish to the Council a deed describing and conveying such lands to be recorded with the County Recorder. -38- • • GENERIC TRANSMITTAL SHEET TO: ~ ' ~`~ DATE: ~~ p FROM: COMPANY: r~ , . ,~ ,. SUBJECT: ~~~~ ~~~~ SIGNATURE: ~/~ ~~; CONTENTS: • MERIDIAN CITY COUNCIL MEETING: June 7 1994 APPLICANT: AVENUE ONE AND ROYLANCE AND AGENDA ITEM NUMBER: 18 ASSOCIATES REQUEST: PUBLIC HEARING: ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR DAKOTA RIDGE ESTATES AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTAHCED COMMENTS CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: SEE ATTACHED COMMENTS US WEST: SEE ATTACHED COMMENTS INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS., Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888j1433 • FAX (2A8) 887.4813 Public Works/Building.Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM To: Mayor, City Council, Planning & Zoning Commission From: Gary D. Smith, PE Date: April 7, 1994 RE: DAKOTA RIDGE SUBDIVISION (Annexation, Zoning, Preliminary Plat) COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman • Planning 8 Zoning I have reviewed this submittal and offer the following comments for your information and or use as conditions of the applicant during the hearing process: 1. This parcel is contiguous to existing city limit boundary created by annexation of the Lake at Cherry Lane Subdivision parcel. The description does include the half of Ustick Road adjacent to the parcel. 2. Submit street name and subdivision name approval from Ada County Street Name Committee. 3. Should a stub street be provided to the west? 4. Can Ojibway connect to the proposed stub from the Lake at Cherry Lane No. 3? Will Tuscarora Drive be culdesaced since there isn't a proposed street stub from The Lake at Cherry Lane No. 3? 6. A 12" diameter water line will need to be installed in Ustick Road to comply with present city policy. Water lines are to be located 12 feet east and north of centerline. Water service is subject to a positive hydraulic analysis by our computer model. 7. •Lot 14 -Block 1 and Lot 7 -Block 2 needs a frontage with a 40 foot chord. These are not flag lots. •Access to Lot 17 -Block 1 and Lot 2 -Block 2 should be restricted to the culdesac street. •Lot 28 -Block 2 needs to have 80 feet of frontage. This is not a culdesac lot. •Lot 20 -Block 3 needs to have frontage fora 40 foot chord. •Lot 9 -Block 4 south frontage needs to be 80 feet. • • •Lot 20 -Block 5 -verify the lot contains 8000 square feet. 8. To much sewer line is being placed in a pathway in Block 2. Can the street alignment be revised to eliminate this length? 9. The Rutledge Lateral needs to be piped by ordinance. Plans will need to be approved by the Nampa & Meridian Irrigation District. 10. How will the southwest corner and the westerly side be served with sewer? 11. Establish the highest seasonal groundwater level elevation to facilitate builder location of footing bottom one foot above. 12. Submit overall plan of just the water system so that fire hydrants, valuing and street lights can be located by city staff. • OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Waler Supl. KENNY W. BOWERS, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MIEMORANDIIM T0: FROM: DATE: SUBJECT: A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KiNGSFORD Mayor Planning 8 Zoning C~~oasis ions,, M`~/r and Council Shari L. ales, Planning 8 Zoning Administrator April 8, 1994 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman • Planning 8 Zoning Annexation and Zoning with a Preliminary Plat for Dakota Ridge Estates Dakota Ridge is planned for 135 lots on 41.57 acres directly west of Englewood Creek Subdivision and directly north of The Lake at Cherry Lane No. 3 (also being presented at a public hearing tonight). Afire station, park, and school are presented in the Comprehensive Plan as being needed for this area. This site is south of the City's wastewater treatment plant. Although winds generally prevail from the west, there is the possibility of negative impacts on property owners. A 20-foot landscape buffer is indicated along the northerly boundary, but additional mitigation measures should be carefully considered. No plans are indicated for the Rutledge Lateral and other waterways. Easements should be delineated on the plat. All plans will need to be coordinated with the Nampa-Meridian Irrigation District in accordance with City Ordinance. Pedestrian walkways should be provided to the west, east and south of this proposed development, as well as midway through Block 3 to prevent long, circuitous pedestrian routes. Applicant should ensure roadways are compatible with adjacent developments. The preliminary plat should be resubmitted addressing the above items. A development agreement should be required prior to annexation approval. HUB OF TREASURE VALLEY • ~C~Op~ BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION AVENUE ONE ANNE7CATION AND ZONING A PORTION OF THE NW 1/4 NE 1/4, SECTION 3, T. 3N., R._1W., B.M. DAKOTA RIDGE ESTATES MERIDIAN, IDAHO ' FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on April 12, 1994, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing through David Roylance, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for .two (2) consecutive weeks prior to the said public hearing scheduled for April 12, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the April 12, 1994, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That the property included in the application for annexation and zoning is described in the application, and by this • • reference is incorporated herein; that the property is approximately 41.57 acres in size; the property is west of Ten Mile Road on Ustick Road. 3. That the property is presently zoned by Ada County as (RT) Rural Transition and the proposed use would be for R-4 Residential type developY~d<.rg'~, t~'iat the Applicant states in his Subdivision application that the lots would be 8,000 square feet, that there would be 135 lots in the proposed subdivision; that the Applicant in its subdivision application states that the minimum square footage of home would be 1, 500 square feet, that there would be 3.25 lots per acre, that there would only be single family homes, that all lots would be 8,.000 square feet, and that sprinkling systems are provided for. 4. The general area surrounding the property is used agriculturally and residentially; that the residential property is developed in the R-4, Residential fashion. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant is not the owner of record of the property, but the owners are Leonard A. Ashenbrenner and Nadine Ashenbrenner; that the Ashenbrenners have not submitted a request or consent to this Application for annexation and zoning. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 8. That the entire parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. • • 9. That the Application requests that the parcel be annexed and zoned R-4 Residential; that the present use of the property is for agriculture; that the intended development of the property is for an R-4 subdivision and the subdivision Application states the density would be approximately 3.25 dwelling units per acre. 10. The Applicant's representative addressed the questions of Gary Smith, City Engineer, and such responses are incorporated herein as if set forth in full as are the comments of Gary Smith. 11. That comments were received from the Meridian Police Department, Fire Department, Meridian School District, Ada County Street Name Committee, Central District Health Department, Nampa & Meridian Irrigation District, and Idaho Power Company; that there comments are incorporated herein as if set forth in full. 12. There were two people testifying at the hearing; Beverly McKay was concerned about the traffic on Ustick Road; Gary Johnson did not object but wanted it on the record that he has a family farm in the area and that from the farm there is dust and they apply sprays, which could be objectionable, and he just wanted the people to know that they did those types of things. 13. That the property is shown on the Meridian Comprehensive Plan as being in a Single Family Residential area. 14. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Areas, Section 6.3, it does state that land in agricultural activity should so remain in agricultural activity until urban services can be provided. 15. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for • • agricultural uses to be developed into residential subdivision lots. 16. That the property can be physically serviced with City water and sewer. 17. That the R-4, Residential District is described in the Zoning Ordinance, 11-2.• ~:~`^ t . 3 as follows: (R-4) LOW DENSITY RESIDENTIAL DISTRICT: The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan or the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non- residential uses. The (R-4) District allows for a maximum of four (4) dwellings units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian."; that the R-4 zoning district requires a minimum of 1,400 square feet to be included in houses in that zone. 18. That the Meridian Comprehensive Plan, under Land Use, Residential Policies, 2.1U states as follows: "Support a variety of residential categories (urban, rural, single-family, multi-family, townhouses, apartments, condominiums, etc. ) for the purpose of providing the City with a range of affordable housing opportunities." 19. That the Meridian Comprehensive Plan, under Land Use, Rural~Areas, 6.3 c., it states as follows: "Within the Urban Service Planning Area development may occur in densities as low as 3 dwellings per acre if physical connection is made to existing City of Meridian water and sewer service and the property is platted and subdivided . .' 20. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.4, it states as follows: "Residential development is allowed in the rural area provided that said development does not exceed the Rural Residential Agricultural density, unless it is inside the Urban Service • Planning Area and City sewer and water is provided, then Low, Medium and Sigh density residential may be considered. All residential development must also comply with the other appropriate sections of this plan." 21. That the Meridian Comprehensive Plan, under Sousing, Housing Policies, at page 66, it states as follows: "1.1 The City of Meridian intends to provide fora wide clive~:~ity of housing types (single-family, modular, mobile homes, multi-family, townhouses arrangements), •' "1.3 An open housing market for all persons, regardless of race, sex, age, religion or ethnic background." "1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged." 22. That there is a population influx into the City of Meridian at the present time which has been going on for some time and is likely to continue; that the land is relatively close to Meridian and economic conditions are making it difficult to continue farming in the area. 23. That the City Engineer has previously submitted comment in different applications that a determination of ground water level and subsurface soil conditions should be made; that such a comment is equally applicable to this Application. 24. That in prior requests for annexation and zoning in this area the previous Zoning Administrator has commented that annexation could be conditioned on a development agreement including an impact fee to help acquire a future school or park site to serve the area and that annexations should be subject to impact fees for park, police, and fire services as determined by the city and designated in an approved development agreement; that such comment is equally applicable to this Application. 25. The Meridian School District submitted comment and such is incorporated herein as if set forth in full; its comment was that there is no excess capacity in the schools of the District and that residents of the new .subdivision could not be assured of attending the neighborhood schools; the School District asked for support Lor a development fee or a transfer fee to help offset the costs of building additional schools. 26. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to .its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students. • 27. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all residential lots in the City because of the imperilment to the health, welfare, and safety of the citizens of f.he City of Meridian. 28. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 29. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall n.ot be a part of the normal street right of way or utility easement." 30. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 31. That Section 11-9-605 R states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi- improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1.. To preserve openness; 2. To interconnect park and open space systems within rights • of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural .value, especially. waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 32. That Section 11-9-605 L states as follows: Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Planning and Zoning Commission shall consider the Bicvcle Pedestrian Design Manual for Ada County (as prepared by Ada County gighway District) when reviewing bicycle and pedestrian pathway provisions within developments. 33. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant"to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. • • 3. That the Planning and Zoning Commission has judged this annexation and zoning application under Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the Meridian Comprehensive Plan., as amended, and the record submitted to it and things of which it can take judicial notice. ~, *~'hat all notice and hearing` regLircm^nt~ set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7 . ~ That the annexation application has been initiated by the Applicant, which is not the titled owner, and the annexation is not upon the initiation of the City of Meridian; that the annexation should be denied if the owner's. request or consent to annexation and zoning is not filed with the City prior to the hearing before the City Planning and Zoning Commission. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falb 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and • • requirements, Section 11-9-605 M., which pertains to the tiling of ditches and water ways, and Section 11-9-606 B 14, which pertains to pressurized irrigation; that the Applicant will be required to connect to Meridian water and sewer; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 •D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G. , H 2, K, L and prior comments of the previous Planning Director, Wayne Forney, relating to the lack of adequate recreation facilities and that land set aside for a future park would be desirable, that the City is in need of land set- asides for future public service use, that a school site was not reserved; that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any development fee or. transfer fee adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de-annexation and loss of City services, if the requirements of this paragraph are not met. 10. That the Applicant's property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. 11. That the requirements of the Meridian City Engineer, including those he specifically stated in his comments and those • • stated herein in these Findings and Conclusions and at the public hearing, and of the Ada County. Highway District, if submitted, Nampa & Meridian Irrigation District, Meridian Fire Department, Idaho Power, and the prior comments of the Meridian Planning Director reference herein, shall be met and addressed in a develG~,..:~.,;. ,_.;~~=eruent. 12. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de-annexation; that the Applicant shall be required to install a pressurized irrigation system, and if not so done the property shall be subject to de-annexation. 13. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation, the Applicant shall be require#d too enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G 1, H 2, K, L; that the development agreement shall, as a condition of annexation, require .that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any impact, development, or transfer fee, adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de-annexation and loss of City services, if the requirements of this paragraph are not • • met. 14. That the house size representation of 1,500 square feet must be met. 15. That proper and adequate access to the property is available and will have to be maintained. 16. `.~n~"e: t3~~ese conditions shall run with t,k~e l.a.nd and bind the applicant and its assigns. 17. With compliance of the conditions contained herein, the annexation and zoning of R-4 Residential would be in the best interest of the City of Meridian. 18. That if these conditions of approval are not met the property shall be subject to de-annexation. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) VOTED~~~"_ VOTED VOTED VOTED VOTED DECISION AND RECOl~IENDATION The" Meridian Planning and Zoning Commission hereby recommends to the City Planning and Zoning Commission of the City of Meridian that they approve the annexation and zoning as stated above for the • • property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the Applicant and owners be specifically required to the all ditches, canals and waterways and install a pressurized irrigation system as conditions of annexation, and that the Applicant meet all of the Ordinances of the City of Meridian, 7p~c-~•.fically including the development time requirements and enter into the required development agreement, and that if the conditions are not met that the property b - d• MOTION: APPROVED: DISAPPROVED: ~~ ~~ •HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live WILLIAM G.BERG,JR.,CityClerk CITY OF MERIDIAN JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, wafer works sour. 33 EAST IDAHO JOHN T. SHAWCROFT, Waste Water Supt. KENNY w. eowERS. Fire chlet MERIDIAN, IDAHO 83642 w.L. °BILL° GoaooN, Police chief phone (208) 888433 • FAX (208) 887-4813 WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor 2S COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman • Planning 8 Zoning ' TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, may we have your answer by: April 5. 1994 TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4/12/94 REQUEST: Annexation/ zoning with Preliminary plat for Dakota Ridae Estates BY: Avenue One and Ro lance and Associates LOCATION OF PROPERTY OR PROJECT: 1/4 mile West of Ten Mile Road and Ustick road Intersection Jp1A JOHNSON,. P2 MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8 FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM ~ FINAL PLAT) CITY FILES OTHER: '~ YOUR CONCISE REMA KS: _ _ ~~~ 1 ~ 10Q1} ~I'f'Y ~~ ~~~~~'~3if~~~ UB OF TREASURE VALLEY OFFICIALS A GOOd place to Live WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer CITY OF MERIDIAN GARY D. SMITH, P.E. City Engineer sauce D. sruART, water works supt. 33 EAST -IDAHO JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 W.L. "BILL" GORDON, Police Chief phone (208) 888433 • FAX (208) 887813 WAYNE G. CROOKSTON, JR., Attorney Public Worics/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCILMEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW Hl~~I~~T( yg~~I9TILES lYL. a~(~y n Atlministrator MAR ~ JI!M JOHNSON QCh• Planning 8 Zoning C'ITir ~i~• t~~cr3~~~Iit~ TRANSMIT"I`AL TO AGENCIES FOR COMMENTS ON I3EYEI.OPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations wil,l• be considered by the Meridian Planning ~ Zoning Commission, may we have your answer by: April 5, 1994 TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4/12/94 REQUEST: Annexation/ zoning with Preliminary plat for Dakota Ridae Estates BY: Avenue One and Roylance and Associates LOCATION OF PROPERTY OR PROJECT: 1/4 mile West of Ten Mile Road and Ustick road Intersection JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8t FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES •' _ ~ ~`~ ~/ OTHER: .~ YOUR CONCISE REMARKS: f~I..2'~oQu~; s -F ~ ~f~~ o.v C~. ~ Ow [N O~ ;~ ~RINTENDENT OF SCHOOLS Bob L. Haley DEPUTY SUPERINTENDENT ~pR EXCEL! Dan Mabe, Finance 8~ Administration ~ DIRECTORS •Z Z~ Sheryl Belknap, Elementary Jim Carberry, Secondary ~ Christine Donnell, Personnel y Doug Rutan, Special Services ~ JOINT SCHOOL DISTRICT N0.2 911 MERIDIAN STREET MERIDIAN,IDAH083642 PHONE(208)888-6701 March 14, 1994 City of Meridian 33 East Idaho Meridian, Idaho 83642 RE: Dakota Ridge Estates Subdivision Dear Councilmen: I have reviewed the application for Dakota Ridge Estates and find that it includes approximately 135 homes at the median value of $100,000. We also find that this subdivision is located in census tract 103.10 and in the attendance zone for Linder Elementary, Meridian Middle School and Meridian High School. Using the, above information we can predict that these homes, when completed, will house 47 elementary aged children, 39 middle school aged children, and 49 senior high aged students. At the present time Linder Elementary is at 134$ of capacity, Meridian Middle School is at 126 of capacity and Meridian High School is at 123 of capacity. The Meridian School District is not opposed to growth in our district, however this subdivision will cause increased over- crowding in all three schools. There is little opportunity to shift attendance boundaries since the surrounding schools are also well over capacity. Before we could support this subdivision, we would need land dedicated to the district or at least made available at a minimurtt price for a school site in this area. The site would need water and sewer service available. In addition we would need to pass another bond issue for the construction of schools. Even if we were willing to use portable classrooms for a year or two, this project would require two classrooms at the elementary level, one at the middle school level and two at the high school level. To build portables ready to occupy by students will cost approximately $40,000 each. As you can see the total for one portable would be $40,000. We would welcome a meeting with you to find ways of mitigating the projected costs to the school district. • We are in a difficult position and need your help in dealing with the impact of growth on schools. Sincerely, . an M~ab'eC~'~ Deputy Superintendent DM:gr • • c C ~~~~~~~~ GLENN J. RHODES, President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary TO: APR ~ 5 1994. C{~~ ~~ ~~t ;~v~~1i~ April 8, 1994 AVENUE ONE - P.O. BOX 5465 SHERMAN OAKS CA 91413 FROM: Larry Sale upe Developee e SUBJECT: DAKOTA RIDGE ESTATES - PRELIMINARY PLAT On April 6, 1994, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the Preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are rectuired: Prior to any construction within the existing or proposed public right-of- way, the following shall be submitted and subject to review and approval by the District: a. Three complete sets of detailed street construction drawings prepared by an Idaho Registered Professional Engineer, together with payment of plan review fee. b. Execute an Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. c. Complete all street improvements to the satisfaction of the District, or execute Surety Agreement between the Developer and the District to guarantee the completion of construction of all street improvements. ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 • • ~ •, April 8, 1994 Page 2 3. Furnish copy of Final Plat showing street names as approved by the Local Government Agency having such authority to ether with payment of fee. charged for the manufacturing and installation of all street signs, as required. 4. If Public Rights-of-Way Trust Fund deposit is required, make deposit to the District in the form of e:ash or cashier's check - for the amount specified by the District. 5. Furnish easements, agreements, and all other datum or documents as required by the District. 6. Furnish Final Plat drawings for District acceptance, certifications, and endorsement. The final plat must contain the signed endorsement of the Owner's and Land Surveyor's certification. 7. Approval of the plat is valid for one year. An extension of one year will be considered•by the Commission if requested within 15-days prior to the expiration date. Please contact me at 345-7680, should you have any questions. LS cc: Development Services Chron ROYLANCE & ASSOCIATES MERIDIAN CITY HALL . • -_ v ~CP~TFP.-DEPARTMENT CORRESPONDF~I~TCE llAI!OTARD/DSTECH GLENN J. RHODES, President ~~ - 6 - 9 4 SHERRY R. HUGER, Vice President JAMES E. BRUCE, Secretary TO: ACRD Commission DATE: April 1, 1994 FROM: Development Services SUBJECT: PRELIMINARY PLAT - DAKOTA RIDGE ESTATES (Deere Loper - Avenue rJne , A . O . ~3ox 5 4 6 5 , Sherman Oaks., CA 91413) (Engineer/Sur.veyor - Roylance & Associates, 4619 Emerald. St., Boise, ID 83706) FACTS & FINDINGS: ~1. Dakota Ridge Estates is a 135-lot single family residential. subdivision located on the south side of Ustick Road approxi- mately one-half mile west of Ten Mile Road. A traffic study has been submitted. to and reviewed by 'the District and the .following requirements reflect comments and reconunendations made in the study. 2. GENERAL INFORMATION: LEAD AGENCY - City of Meridian. ACRES - 41.6 FEET OF NEW PUBLIC STREETS - 6,850-feet. LOTS - 135 ZONING - R-4 ESTIMATED VEHICLE. TRIPS. PER DAY - 1,350 TRAFFIC ANALYSIS ZONE - 260 L.F. OF FRONTAGE ON Ustick Road - 1,320-feet MOST RECENT TRAFFIC COUNTS - Date 1992 Volume 664 FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Minor Arterial ADA COUNTY RIDGE.-TO-RIVERS PATHWAY PLAN - Lane EXISTING RIGHT-OF-WAY - 50-feet REQUIRED RIGHT-OF-WAY - 90-feet (45-feet from centerline) Ustick Road is improved with 24-feet of paving. IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 PRELIP~IItiARY PLAm~- DAKOTA RIDGE EjTATES • April 1, 1994 ~ page 2 '. Thy ACRD Capital Improvement Plan indicates that. 'Jstick Road is not approved for use of Road Impact Fee funds to increase its capacity; therefore, Road Impact Fee offsets may not be given for construction. of the roadway improvements {excluding sidewalk) along Ustick Road, but may be given for right-of-way dedication in addition. to what exists-now. If the developer raishes to be paid for the additional right-of-way, he/she must submit an application to the impact fee administrator prior to breaking ground, in a:cordance with Section 15 of ACRD Ordi- nance X188. 4. There is another subdivision (The Lake At Cherry Lane #3) being processed concurrently on this agenda. The intra-neigh- borhood connecting streets do not match and the project engi- neers will be required to coordinate the layout of the two projects so that there is a connecting public street. Staff prefers a connection in the vicinity of Lochsa Place, or fur- ther west. 5. A stub street (Shervil Drive) is proposed to the east bounda- ry. This. will be connected into a previously approved subdivi- sion (Englewood Creek Subdivision). 6. Staff recommends that no stub street be provided to the west boundary so as to prevent an east-west cut-through street parallel to Ustick Road.. 7. The District Traffic Services staff recommends that Iroquois Way be constructed with a 41-foot. street section (with 55-feet of right-of-way) in order to facilitate better. turning move- ments for traffic exiting and entering from Ustick Road. A 4-foot wide sidewalk width (minimum) and direct lot access to Iroquois Way will be allowed. although the City of Meridian will probably require a minimum of 5-foot sidewalk width for all the sidewalks in this project. 8. This application is scheduled for public hearing by the Meridi- an Planning & Zoning Commission on April 12, 1994. SITE. SPECIFIC REQUIREMENTS: 1. Dedicate 45-feet of right-of-way from the centerline of Ustick Road abutting parcel (2Q additional feet). The owner will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone. 2. Direct lot or parcel access to Ustick Road. is prohibited, in compliance with District policy. Lot. access restrictions shall. be stated on the final plat. PRELIMINARY PLAT - DAK~ RIDGE ESTATES • April 1, 1.994 . Page 3 Delete the stub street connection of Tuscarora Drive to the south boundary and. provide a stub street connection to meet the proposed stub street (Lochsa Drive). from The Lake At Cher- ry Lane #3 Subdivision. 4. Construct Iroquois Way with a 41-foot foot street section with 4-foot wide {minimum) sidewalks from Ustick Road to the first intersection in the project. Dedicate a minimum of 55-feet of right-of-way. There will be no lot access restrictions along this section of the street. STANDARD REQUIREMENTS: 1. Street and drainage i.*nprovnments required in the public right- of-way shall be designed and constructed in conformance with District standards and policies. 2. Dedicated streets and drainage systems shall be designed and constructed in conformance with District standards and poli- cies. :i. Specifications, land surveys, reports, plats, drawings, plans, design information and. calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 4. Provide written approval from the appropriate irriga- tion/drainage district authorizing storm runoff into their system. 5. Locate obstructions (utility facilities, irrigation and drain- age appurtenances, etc.) outside of the proposed street im- provements. Authorization for relocations shall be obtained from the appropriate entity. 6. Continue existing irrigation and drainage systems across par- cel. 7. Submit three sets of street construction plans to the District for review and appropriate action. 8. Submit site. drainage plans and calculations far review and. appropriate action by ACHD. The proposed drainage system shall conform to the requirements of Meridian. Road and shall retain all storm water on-site. Public street drainage facilities shall be located in the public right-of-way or in a drainage easement set aside specif- ically for that use.. There shall. be no trees, Fences, bushes, PRELIMINARY PLA~ April 1, 1994 Page -~ DAKOTA RIDGE ESTATES • sheds, or other valuable .amenities placed in said easement. Drainage easements and their use restrictions shall be noted on .the plat. 9. Provide design data .for proposed access to public streets fcr review and appropriate action by ACRD. 10. Locate driveway curb cuts a minimum of 5-feet from the side lot property lines when the drivew;~ys are not being shared with the adjacent property. 11. Developer shall provide the District with a copy of the record- ed plat prior to the installation of street name signs. Street signs will not be ordered until all fees have been paid and a copy of the recorded. .plat has been provided to ACRD staff. The copy of the recorded plat shall show the recording information. as inscribed by the Deputy County Recorder. 1.2. Install a stop sign on every unsignalized approach of a project street to an intersection involving a collector or arterial as the cross-street.. The stop sign shall be in- stalled when the project street is first accessible to the motoring public. 13. Aright-of-way permit :must be obtained from ACRD for all street and utility construction within. the public right-of- way. Contact Construction Services at 345-7667 (with zoning 'file numberl for details. 14. A request for modification, variance or waiver of any require- ment or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Development Services Division. at 345-7662. STAFF SUBMITTING- Larry Sale DATE. OF COMMISSION APPROVAL: ASR p ~ ~g9~- ~ ~~~~ ~~~~~ ~~~r~t~l~~ I~~~i~Yd~~~~~~~~~~ =ja~'~~~~~~~~~~~~~~~~ ~~B~tt~~~~~~~~~~aa~~ IIIIIII:IIIIIIII:IIII eeeeoo..~~eeee•e.~- R Q A I ~~gg ~g L :~a~~~~~~~~~~ti~~~~ ~~gg>:ai~~ll~~~i~~a~~~ eeoeoo.N~eeee••ee+- e IIIiIIi:l11 '' :IIII E ~;II;Ii H ~-r1'H-1H-l~-~I- A i =~i -~i s; - -,-.. O6CL-9CC (40I) 90LfB o~dBloB Z-0 all^S Dlaow3 619Y r/N not-.t uta s~ouuoldpuo~ s~o~Con~ng s~oout6u3 ^~ "" "'®°'° Vd 831`dIa088V aNt/ 3:]Nd-1J10~1~ ,y~y= „ g„ N0181/~IdHfl6 3~QIea V10SIVa °•~~ OOC~ H ~ . € ~~ w~~ra „~.,, 1V1d ilkidNlWl-13tid ~ S n F c 8 0 ~ e- a Q Y F z 0 ZMr~ YJ ~' Z t0 h a~A ~~~ zom ~¢o apo Y~ ~ W 2 W 0 r9 2 O ~, ~~ m ~, ~ - \~ $ ~ 3 t ~~ ~ ~~ db~~ >! ~~ ~ g~g~ ~ ~~ ~ ~`~ i ~g ~~ ~9~ ~ ~ e ~~ t W i ~~ ~~ ~~ s ~ ~ ~~ ~ ~ ~E ~~~~ ~ M ~ ~k ~ ~L~ ~~~~ ~ ~~ ~~ ~~ ~ d A i• J w d d t ,I 4441-ZOt-• ioeivw va i I s ~~~ ~ ~~~6 `. -- x~~ ~ ~~e II ~k ~~~~ ~~ y i [®Q~bb~ J ~ [ ~ ~ i a~~~ r o~~p~~ i ~ :i d ~ WQ~~~~ 0 ~~~~ ~ y~~~ ~ ~=~ Z 3 0 M ~ ~~~ a Zp W i 't SUBDIVISION EVALUATION SHEEN R~~lE~rel3~~ Proposed Development Name DAKOTA RIDGE SUB City MER~IDiIANdI 1 tQ~ Date Reviewed 3/24/94 Preliminary Stage XXXXX Final~lT'~' Cir'~ ~~-" Engineer/Developer Rovlance & Assoc /Avenue One The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO ST CO ~ ~C OT I nb E ~IPJ Date ~ ~~ The Street name comments listed b o are made by th members of the ADA COUNTY STREET NAME COMMITTEE (under rection of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall appear on the plat as• "W USTICK ROAD" The following new street names are approved and shall aooear on the plat as: "W. IROQUOIS DRIVE" "N HURON AVENUE" ~ "N HURON PLACE" "N OJIBWAY PLACE" "W TLIGIT STREET" "N LOCHSA PLACE" -- "N TUSCARORA AVENUE" "N TUSCARORA PLACE" "W ETOWAH DRIVE" "N CHEROKEE AVENUE" "W PAHSIMEROI COURT" The street shown on the plat as "SHERVIL DR" is less than 150 feet from centerline to centerline of another proposed street and therefore shall be named: "W ETOWAH DRIVE" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. - ADA COUNTY STREET NAME COMMITTEE, ~ENCY RE~SENTATIVES OR DESIGNEES Ada County Engineer John Priester Date Ada Planning Assoc. Terri Raynor k-~L~--- ~`•ti Date3 =~`~ ~`/ Meridian Fire District Representative Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index NUMBERING OF LOTS AND BLOCK NW CORNER SECTION 3 S 89'08'44" E 2628.39' APR 07 '94 01~49PM CENTRAL DISTRICT H D CENTRAL •• DISTRICT ~ilt'HEALTH DEPARTMENT Rezone # ISHEET „• Return ts: ^ Boise ^ Fagle ^ Garden city C~Meridian ^ Kuna ^ Acz Conditional Use # reiimina Fina) /Short Plat ^ I. We have Objections to this Proposal. I ^ 2. We recommend Denial of this Proposall I ^ 3. Specific knowledge as to the exact typepf use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning s it conditions on this Proposal before we can comment ^ 5. Before we can comment concerning ind vidual sewage disposal, we will require more dau concerning the depth of: ^ high seasonal ground water , ^ solid lava from original grade I ^ 6. We can Approve this Proposal for indivjdual sewage disposal to be located above solid ova layers: ^ 2 feet ~~~ ^ 4 feet ~ royal from ro riat ~ entities are submitted, we can approve this proposal for. 7. After written app app p ,~ central sewage ^com unity sewage system ^ community water well ^ interim sewage ~ ten I water ~ individual sewage ^ Indly ual water 6. The following plan(s) must be submitte~ m and approved by the Idaho Department of Health & Welfare, Division of Emironmentai Quality: cnntral snvrage ^com unity sewage system ^ commuMq water ^ sevrage dry IMes ~ can I water [] 9. Street Runoff is not to create a mosqui breeding problem. ^ lo. This Department would recommend de~'errai until high seasonal ground water can be determined if other considerations indicate approval. j l 1. If restroom facilities are to be installed, hen a sewage system MUST be Installed to meet Idaho State Sewage Regulations. ~ ^ 12. We will require plans be submitted for ~ plan review for any: ^ food establishment ^ swim ing pools or spas ^ child tare cutter ^ beverage establishment ^ I store 13. f t9'h Dace: Reviewed By: ~ ~ - ~. mID IONI rcb, rer. III97 ju URE VALLEY .HUB OF TREAS qq~~p~ MBERS RECEI OFFICIALS A~ Good Place to Live _ R~N~oLSMA WILLIAM G. BERG, JR., Clty Clerk City Treasurer GASS JANICE L MAR ~ MAXYERRINGTON CITY OF MERIDIAN 2 D. CORRIE yy)(L't W. MORROW , . GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. C1T`~' ~l• RI STI S v a ^( lyr ~ ~~~ f 33 EAST IDAHO _ RA inistrator JOHN T. SHAWCROFT, Waste water supt. KENNY W. BOWERS, Fire Chief JIM JOHNSON MERIDIAN, IDAHO 83642 ~ /- W.L. "BILL" GORDON, Police Chief ~ ~~~ \\!! ~ Chairman -Planning 8 Zoning phone (208) 888-4433 ~ FAX (208) 887-4813 V WAYNE G. CROOKSTON, JR., Attorney ~ Public Works/Building Department (208) 887-22 GRANT P.KINGSFORD + 5 MWR 19~~ 1 Mayor & MERIDIAN NAMPA N DISTRICT - ' L ' ' ' ' I C~O TO AGENCIES FOR COl`e~l~Vi[i~~v ; ~ +~~'~ g;;~'~~UPIVIENT PROJECTS fTA i II +(51 ~ ~- WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8< Zoning Commission, may we have your answer ~y: A ril 5 1994 TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4/12/94 REQUEST: Annexation/ zoning with Preliminary plat for Dakota-Ridge Estates BY: Avenue One and Ro lance and Associates LOCATION OF PROPERTY OR PROJECT: 1/4 mile West of Ten Mile Road and Ustick road Intersection JN1A JOHNSON, P/Z MOE ALIDJANI, P2 J1M SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C !`JL4X YERRINGTON, C!C WATER DEPARTMENT _ SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM 8r, FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8t FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES YOUR CONCISE REMARKS: Nampa & Meridian Irrigation District's Rutledge Drain courses along the southwest corner of the proiect. The right-of-wav of the Rutledge CITY ENGINEER Drain is 60 feet • 3U feet trom Lne center earn wav • JCC CITY PLANNER Idaho Code 42-1208--RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE PO~SSION. The developer must contact John Anderson or Bill Henson at 466-0663 or -2431 for approval before an District requires that a Land Use Chan a Site Develo m review prior to final plattint~ Contact Donna Moore at 343-18fiC: nr4hFi-7Rht fir f„rther information. All laterals and waste ways must hQ nrr,rP~rPd M„nir•ilal c„rfar__e~>=alnage must be retained on site. If an IrriEation District must review draina8e mans Tr ; c rPrnmmanrlor~ th^r ; rrin~t~e~- water be made available to all developments within Nampa &Meridian Irrigation District. mot,' ~vr~7t Bill enson, Foreman, Nampa & Meridian Irrigation District • • '1'lu~s~ia. & ~l~~dia~ ~l~vugQt~a~ 2~i~sztct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651.4395 FAX # 208-888-6201 Phones: Area Code 208 Roylance & Associates 4619 Emerald Street, Suite D-2 Boise, ID 83706 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 RE: Land Use Change Application for Dakota Ridge Estates Dear Roylance & Associates: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above- referenced development. You were previously sent a complete packet of information concerning Land Use Change, urban irrigation, and exclusion. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the~District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Super~.i`ondent Avenue One City of Meridian enc. ~.~ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 18 March 1994 • • HUB OF TREASURE VALLEY COUNCIL MEMBERS OFFICIALS A GOO(I PIaCe TO LIVe RONALD R. TOLSMA '~) A MAX YERRINGTON WILLIAM G. BERG, JR ,City Clerk ~I{~t T O~ ~ /~ rl ~IDI (,~ ~ ROBERT D. CORRIE JANICE L GASS. City Treasurer Y 1`/ly„J 11 111 WALT W. MORROW GARY D. SMITH, P.E. Cily Engineer 4E' ARI STILES eaucE D. sTUART. water works supt. 33 EAST IDAT•i0 RE~~ Y ll/aomng Admimstralor JOHN T. SHAWCROFT, Wasle Water Supt. MERIDIAN, IDAHO 832 JIM JOHNSON KENNY W. 80WER5, Fire Chiel ~^^ 0 ~ n Planning d Zoning . W.L. "BILL" GORDON, PoliceChiel phone (208) 888-4433 • FAX (208) 887813 rK WAYNE G. CROOKSTON, JR., Allorney public Works/Building Department (208) 887-2211 /I~~~y GRANT P. KINGSFORD C~T~ ~~ ~Irl~~~~n~ Mayor TIiANS~~IIT"TAL TO AGENCIES FOR CO Y O~ MERIDIAN ELOPMENT PRO.IECTS WITH THE CIT To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, may we have your answer by: A ril 5 1994 TRANSMITTAL DATE: 3114194 HEARING DATE: 4112/94 REQUEST: Annexation/ zoning with Preliminary plat for Dakota Ridge Estates BY: Avenue One and Ro lance and Associates LOCATION OF PROPERTY OR PROJECT: 114 mile West of Ten Mile Road and Ustick road Intersection •JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8l FINAL PLAT) U.S. WEST(PRELiM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLgMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: We require a permanent 10-foot wide public utilities easement along all lots adjacent to a road right-of-way dedicated to public or private uses A5 Cu~R~ny E.~#a ~ N o•~ PR ~. r •+~ ~ ~v ~ y P~~+' Tim Adams T~% ,~,rti.~,s Idaho Power i+ ,,ry 322-2047 ~ '~ ~' ` • • LLEY .HUB OF TREASURE VA COUNCIL MEMBERS OFFICIALS A Cjpp(i Place ~~ L1Ve RONALD R. TOLSMA MAX YERRINGTON WILLIAM G. BERG. JR.. Clty Clerk City Treasurer L GASS CI,~.tY Oi ~ ~!j~ TTIr~ ROBERT D.CORRIE 1H 1~•/1 rL"11K`1L JL WALT W. MORROW . JANICE GARY D. SMITH, P.E. City Engineer Water Works Supt. STUART E D SHARI STILES 33 EA$Z' IDAHO planner d Zoning Administrator - . . BRUC JOMN T. SHAWCR0I=T. Wasts Water Supt. KENNY W. BOWERS. Fire Chief MERIDIAN, IDAHO 83642 ~ ,- ~' JIM JOHNSON ~~ T~i..`s Chairman • Planning b Zoning 887813 ~ w.L. °eaL^ GORDON. Polies Chiet WAYNE G. CROOKSTON. JR., Attorney j Y...• v,..+ Phone (208) 888433 • FAX{208) public Works/Building Department (208)887-2211 •t GRANT P. KINGSFORD ~' ~ ~ ~ ~ t~g"i Mayor ~~~~E{ 4d~ ~'~~k'Y.~~~i'3~1j , COMMENTS ON DEVELOPMENT PROJECTS TRANSMITTAL TO AGENCIES FOR WITH THE CITY OF MERID To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, may we have your answer by: A ril 5 1994 HEARING DATE: 4/12/94 TRANSMITTAL DATE: 3/14194 .__ --- REQUEST: Annexe ton z BY: Avenue One and Ro lance and Associates LOCATION OF PROPERTY OR PROJECT: 1/4 mile West of Ten Mile Road and Ustick road Intersection ~11M JOHNSON, P2 MOE AUDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TiM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT -MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ____ ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION -CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8t FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: 1. ~ vr~ nt Q-r~~~T T%t='DS A~I~LL c ~.~T~~ ~, ~ ~~ ~2 Q \~ ~F9Mr ~ERINTENDENT OF SCHOOLS Bob L. Haley DEPUTY SUPERINTENDENT Dan Mabe, Finance 8~ Administration DIRECTORS ~ Sheryl Belknap, Elementary Jim Carberry, Secondary Christine Donnell, Personnel . Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911 MERIDIAN STREET • MERIDIAN, IDAHO 83642 PHONE (208) 888-6701 June 29, 1994 Andy Bryon Avenue One Real Estate P.O. Box 5465 Sherman Oaks, California 91413 Dear Mr. Byron: I view your suggestion to donate four acres of land to the school district acceptable. We will be working with the City and other developers in an attempt to incorporate it into a fourteen acre school and park site. Sincerely, ~,~ ~7?.~~-- Dan Mabe, Deputy Superintendent DM:gr cc: Sheri Stiles .TUN-2S-94 TU.E .. .,. 8 .- 33 A+iIENUE gNE r WH I T t areal estate partnerst-~ip FAx covER sx~T ~° s~ sri~ ~, ~- ~~ ~,~ y~r,.3 RBGARDING : ~~„~'~ ~- ~ ~~~,.~,._. # PAGES SENT INCLiIDING COVER SHEET: ~_ CALL 818-7b4-9975 TF THERE TS ANY PROBLEM WITH THIS TRANSMISSTON ~.,; i s ~ rl'-~ S ~~ ` ~ Y~- FAX #818-759-052b ~ ~ ,.TUN-28-.'94 T.U.E ~3 = 34 p~r•ENUE OME r WHITE P I CKE P 02 ..._ ._ _~. I I J2 s i s~ I n.•1 • ORDINANCE NO.~ • ~~M /~Cl . AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND LOCATED IN THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: A tract of land located in the Northwest 1/4 of the Northeast 1/4 of Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: Commencing at a found brass cap monumenting the Northeast Corner of said Section 3; thence North 89°06'49" West along the northerly line of said Section 3 a distance of 1320.35 feet to a point; said point being the POINT OF BEGINNING. thence South 00°25'57" West a distance of 1370.74 feet to a point, thence North 89°10'37" West a distance of 1320.96 feet to a point, thence North 00°27'30" East a distance of 1372.00 feet to a point, thence North 89°06'49" East a distance of 1320.35 feet to the POINT OF BEGINNING. is hereby annexed to the City of Meridian, and shall be zoned R-4 Residential; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of ANNEXATION ORDINANCE - DAKOTA RIDGE ESTATES Page 1 • Law as adopted by the Meridian Council on the request for annexation and zoning. Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. c. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L of the Revised and Compiled Ordinances of the City of Meridian and other matters. d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, 11-9-605 M. which pertains to the tiling of ditches and waterways, and 11-9-606 B 14. which pertains to pressurized irrigation. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. Section 3 . That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this day of June, 1994. ANNE7CATION ORDINANCE - DAKOTA RIDGE ESTATES page 2 • • APPROVED: MAYOR -- GRANT P. KINGSFORD ATTEST: WILLIAM G. BERG, JR. -- CITY CLERK STATE OF IDAHO,) • ss. County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND LOCATED IN THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE."; passed as Ordinance No. , by the City Council and Mayor of the City of Meridian, on the day of June, 1994, as the same appears in my office. DATED this day of June, 1994. City Clerk, City of Meridian Ada County, Idaho ANNEXATION ORDINANCE - DAKOTA RIDGE ESTATES Page 3 • STATE OF IDAHO,) ss. County of Ada, ) • On this day of June, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged 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. SEAL Notary Public for Idaho Residing at Meridian, Idaho My Commission Expires ANNEXATION ORDINANCE - DAKOTA RIDGE ESTATES page 4 ;n R. sic. 03 ~,~• ~. --------------------------------------------------------- ----------------------------------------------------------------------- ------- ------------------------------------------------- --- -- ---- - ----- - ----- - -- - --- - -- -- - ------ \\ N O r ~ ,pAKOTA.1ZIdCz~ EST~4'/~S o A~h~x. on~o~NAhc~ ' N o , b 5~0 r ~ ~~ o un ~~ 2 r o O c m "m ~ im N. s9°~~'37"w. - 1370, 9b~ ~;;. ,., ,, ~; ~~ ~~ ~~ ~~ I! m ,, ~XtsT~NG c~rr \~. 1..1 rv-~TS ~~~ ~~ ~' ~' ~' T~E ,~ _~ ~' `LAKE.., ,, spy , '; „ ,,, o~`` _,~ ~ ~ Meridian City Council June 21, 1994 Page 5 Kingsford: Moved by Bob, second by Ron to table this until next meeting on the annexation and zoning, question Walt. Morrow: We have approved the findings of fact and conclusions, do we then make a decision of the findings of fact before we table. Kingsford: I don't think we have to do any more before there is a table. Based on the fact that the findings are contrary to the request you can't go forward with preparing an ordinance or anything until we have direction from the developer as to his intent. Crookston: That is correct. Morrow. Okay, so then the proper sequence is we have done the approval we are going to table and then the decision will come from the applicant. Kingsford: All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: ORDINANCE#650 -DAKOTA RIDGE ESTATES ANNEXATION: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND LOCATED IN THE NORTHWEST 1!4 OF THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public that would like Ordinance #650 read in its entirety? Seeing none I would entertain a motion. Tolsma: Mayor, I move we approve Ordinance #650 with suspension of the rules. Corrie: Second Kingsford: Moved by Ron, second by Bob to approve ordinance #650 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #4: ORDINANCE #651 - WESTDALE PARK NO. 2 ANNEXATION: • • v Meridian City Council June 7, 1994 Page 38 Tolsma: Second Kingsford: Moved by Walt, second by Ron to have amend findings prepared, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #19: PUBLIC HEARING: ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR DAKOTA RIDGE ESTATES, 135 LOTS BY AVENUE ONE AND ROYLANCE AND ASSOCIATES: Kingsford: I will now open the public hearing and invite the owner or his designee to speak first. Steve Bradbury, 300 North 6th Street, Boise was sworn by the City Attorney. Bradbury: Mr. Mayor, members of the Council as Mayor mentioned this is an application for annexation, a rezone from the current designation of RT to the City's designation R-4 and preliminary plat approval. If you have the plat in front of you, you see it is 135 building lots on 41.5 give or take acres which results in a 3.25 dwelling unit per acre density. This project is located near the corners of Ustick and Ten Mile, south side of Ustick between Ten Mile and Black Cat. It is proposed City water and sewer, standards underground utilities, public streets which would be built to ACRD standards and of course dedicated to the Highway District. I have reviewed the findings of fact and conclusions of law which were adopted by the Planning & Zoning Commission with the developer and the developer is willing to comply with those proposed findings in all respects. Mr. Roylance the project engineer is here and can answer any technical questions that you might have. The developer Andy Bryron is also here in the event you wanted to get a crack at him. Since the hour is already getting late I will not talk about a lot of things that you may or may not want to talk about and simply respond to questions if you have any. Kingsford: Any questions for Mr. Bradbury? Thank you very much, anyone else from the public? Seeing none I will close the public hearing, Council members. Morrow: I have questions of Gary and Shari with respect to their comments. Kingsford: Counselor, it has been brought to my attention that it might be a good idea to swear staff as well. Crookston: That is true. • • Meridian City Council June 7, 1994 Page 39 Kingsford: Will those folks come up and be sworn. Gary Smith, 33 East Idaho, was sworn by the City Attorney. Smith: Mr. Mayor, Councilman Morrow, Council members, I don't believe and I can't say this with certainty that I have heard from the design engineer and concerning the comments that t made on design review. I have received several correspondences from his office on other projects and I don't have anything, I don't believe I have anything on Dakota Ridge, I could be wrong I don't have my file with me at this moment. (Inaudible) Smith: They have responded, 1 apologize, if you would like I can step next door and grab my file and check alt these items off. Morrow: If you would please. In the meantime we could have Shari address her comments. Kingsford: Do you want a recess Max? Yerrington: I move for a recess. Kingsford: We stand at recess for a couple of minutes. (5 MINUTE RECESS) Kingsford: Call the meeting back to order. Mr. Smith are you prepared to move forward? Smith: Yes Mr. Mayor, Council members, in reviewing Roylance and Associates responses to my review comments I guess I have a couple of questions that maybe Dave Roylance can answer. My comment #3 I asked about a stub street being provided to the west as a question mark, the response had to do with ACRD and project designer discussing. that a stub street would make possible a travel length parallel to Ustick Road throughout the subdivisions in the area. Given the possibility of a school beside it directly west of the proposed development a pedestrian pathway to the west boundary shall be included in the final design. My only comment would be that technically from our ordinance with out a stub street through there on our west boundary we have in access of a 1000 foot block in length. Item #8, I make a comment that too much sewer line is being placed in a pathway in Block 2, can the street alignment be revised to eliminate this length. Comment, sewer trunk line can be adjusted to the west in order to (inaudible) 20 foot easement. The word easement needs to be revised to say pathway, it needs to be • Meridian City Council June 7, 1994 Page 40 a dedicated lot. However the situation sited is no different than that which is found between Tuscora Court and Turnberry Way in the Lake at Cherry Lane in the 3rd phase. Is there a standard maximum length allowed for this situation? I guess the maximum lengths that I have been dealing with are 2 lot depth. I think that would be a reasonable length for 2 lots. Item #10, how will the southwest corner of the westerly side be served with sewer? The comment is the sewer shall either come from gravity flow line extended along West Ustick Road or else from an area wide lift station (inaudible) located to the southwest of the property. The Lake at Cherry Lane No. 3 is having to utilize a temporary lift station at its west boundary to serve the, I think basically the westerly half of their subdivision. So part of the subdivision I assume could drain into that temporary lift station. At the time that the sewer line is extended onto the west as part of the Golf course expansion it will be picked up in the regional lift station. The reason for my comment was to have this developer working with the Lake at Cherry Lane No. 3 developer do they coordinate (inaudible) elevation so it can be sewered and I believe that is happening. Morrow: Question of clamcation, when the temporary lift station is done away with, who's expense is that done away with? Smith: As the development continues to the west, it would be the developers responsibili#y to abandon the temporary lift station. Morrow: The new developers or these developers? Smith: The Lake at Cherry Lane No. 3 developer as the golf course phase 2 develops then that temporary lift station would be removed. Kingsford: Removed or just bypassed Gary? Smith: We have to remove the lift station equipment and construct it initially so that (inaudible) and flow on through. Morrow: And we have provision in place for that to happen already? Smith: With the Lake at Cherry Lane No. 3, yes. (End of Tape} Smith: Those are the only items that I had any question on concerning their response to my review comments. Morrow: And you are satisfied with their responses? • • Meridian City Council June 7, 1994 Page 41 Smith: Weil, yes, the length of that block, if a stub street is not provided then technically it is exceeding the 1000 foot block length. If the Highway District has concerns about that, I haven't spoken directly with them so. Morrow: I have a couple points and you may not be able to clarify them. In the Highway District's comments they indicated that Ustick Road and the improvements to Ustick Road were not eligible for impact fee monies, why is that do you know? Smith: No, I don't know. Morrow. Then their 4th comment, it said there was another subdivision the Lake at Cherry Lane No. 3 being processed and currently on this agenda, they enter neighborhood connecting streets do not match and the project's engineers will be required to coordinate with the layout of the 2 projects. So that there is connecting public streets, that has been address? Smith: Yes, Ojibwa, which was shown as a culdesac on Dakota Ridge is now a through street and will connect to the Lake No. 3. The furthest street to the east, the north south street to the east side of this subdivision will now culdesac and it won't go through as originally shown. They are working that connection out. Morrow: I guess I am still a little confused why the staff doesn't want, I have read what they want and what you said about the stub street to the west, but I am concerned about the block length. I am not totally sure, well Ustick Road is going to be a 5 lane road so why would parallel traffic be an issue? Smith: 1 don't know. Kingsford: There are other places it exists and they don't allow lot access onto Ustick Road, so you make a good point. Tolsma: (Inaudible) Smith: ACRD felt that there was going to be some parallel traffic to Ustick Road and with the school site to the west of this apparently they felt it was going to promote some heavier traffic in the subdivision that would normally occur. Tolsma: There is a school site to the west of this. Smith: Well, according to our comp plan there is one proposed to the west of this if we can get a developer to agree to. • • Meridian City Council June 7, 1994 Page 42 Kingsford: Let's get some feedback from Mr. Roylance with regard to that. Dave Roylance, 4619 Emerald, Boise, was sworn by the City Attorney. Roylance: Mike Shrewsberry at our office has been working with ACHD regarding this issue and in fact regarding all the road alignment. I didn't attend that meeting he went to one of their design review meeting. As I understand it for the reasons you stated the potential of a school site ACRD did not want a stub street there. However, our position would be if you would like us and Gary to revisit that issue with ACRD and rethink that and if it would be in the best interest of the City and ACHD to put in a stub street we would do that. Kingsford: Well, I think certainly I think we need to do that Dave, or you need to apply for a variance to our block length. It needs to be one or the other and I think my preference would be to limit that to a 1000 feet if we can by that means. Roylance: We would be happy to do that, as I understand this was a mandate more or less from ACHD and we are complying with their request and collectively we could probably change that if we can show good cause to do that. We would be happy to work with you to accomplish that, or at least re-think this so we know that we are doing the right thing if we leave it this way. Morrow: I would agree with Grant's position, I would really prefer to of with the stub street and solve the issue of the block length from that standpoint. Kingsford: I think that maybe getting the school district involved I'm sure they haven't given it a whole lot of thought just how they plan to ingress, egress that but if they did have it might be that a stub street in a different location would be more appropriate. So I would like to see the 3 of you, Mr. Mabe and you 2 working with the Highway District on that. Roylance: Sure, if there are no other complications with the plat we would appreciate if that could be a condition of final plat approval that our firm, Gary, School District and ACHD can get together and go through that and we will put it wherever everybody would like it. Kingsford: Other questions or comments for staff. Morrow: I have none of Gary, I have questions of Shari. Shari Stiles, 33 East Idaho, was sworn by the City Attorney. • • Meridian City Council June 7, 1994 Page 43 Morrow: My questions would be with respect to your analysis of the project. In your letter, second paragraph, you raise some issues about the city's wastewater treatment plant and certainly the prevailing winds and the possibility of (inaudible) effects on the property owners or negative feedback ftom them. Could you enlighten me a little bit as to what you are referring to with respect to the 20 foot landscape buffer on the northerly boundary and the additional mitigation majors that you are thinking of in terms of considering. Stiles: Councilman Morrow, Mayor and Council members, I guess I just was putting that in there to have it on the record when we get complaints. I don't know what you could do to mitigate that. I don't know if there is anything you could do, you have giant citronella pots or something, I don't know what would mitigate that. It was just noted so in the future when the calls and complaints it will be in the record that was noted. Morrow: Was your thought that we recognize that in the same manner that a recognize agricultural uses through the covenants and restrictions? Stiles: Yes Tolsma: Well there is a very big area just north of there, right across the road that belongs to one of (inaudible). Stiles: That dairy is being proposed as a subdivision now. Morrow: You also indicated there are no plans for the Ruteldge lateral and other water way easement should be noted on the plat. And all plans will need to be coordinated with Nampa Meridian Irrigation District in accordance with the City ordinance. We also talk about pedestrian walkways and those kinds of things. I think that one of the things that I am after here is some enlightenment from you on what you are thinking with respect to the canal and the pathways so on and so forth. Part of the issue that I am driving at here is that the property owner happens to be a member of the board of directors of the Nampa Meridian irrigation district and quite candidly given all the problems that we have with Nampa Meridian and with the subdivision growth and development this is an excellent opportunity for him to become aware of what our problems are with respect to these pathways developments. As you heard with every development that is here tonight that has a pathway it is all subject to working with Nampa Meridian irrigation district to get those things accomplished. I think this is an excellent opportunity to at least bring these folk up to speed with what we have to struggle with to acxomplish those pathway systems. So, what 1 am asking of you is to maybe using this as an example what your thoughts are and what we need to accomplish and what problems are there and how Nampa Meridian can help us solve these problems. • Meridian City Council June 7, 1994 Page 44 Stiles: Councilman Morrow, Mayor, and Council, we have agreed with the Nampa Meridian Irrigation District to stay away from their I~aterals, they told us we could work with their drains and creeks, Eight Mile, Ten Mile, Nine Mile but they don't want us messing with their laterals. Is it the case in just about any lateral there will be a roadway, or I presume there will be a roadway for maintenance for Nampa Meridian Irrigation District and regardless of what they think it will be used as a pathway by those people that live there. It is just a fact, I don't know what we could do on this particular project to call Nampa Meridian Irrigation District call their attention to our desires and needs. But someday they may recognize that these are an amenity to be used and enjoyed by everyone. Kingsford: Mr. Morrow, I am not sure that you were aware but the Nampa Meridian Irrigation board did convene a meeting specially and visited with the City 2 weeks ago and those things were addressed. We are currently working on a licensing agreement, that is one of the things I was going to bring up to Wayne is where we are at with review of that and so forth. I think that we are on target to move along with those walkways on the drains. And I tend to agree with them, being an old irrigation farmer that we have had some problems with the laterals I'm not sure how you deal with those but I think we are targeting and moving along on that. Morrow: Well that is a positive step, I received no paperwork or notification from the city that the meeting was held or any results of that. At least from position on the Council I am not aware of those things going on. Kingsford: Any other questions for Shari? I did close the public hearing I believe, is the Council prepared to make a decision, were there appreciable different testimonies? Crookston: No Kingsford: You have findings as prepared for P & Z. Morrow: Mr. Mayor, I would move we adopt the findings of fact and conclusions of law as approved by P & Z. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the findings of fact and conclusions of law as prepared for P & Z, roll call vote. ROLL CALL VOTE: Morrow -yea, Yerrington -yea, Tolsma -Yea • Meridian City Council June 7, 1994 Page 45 MOTION CARRIED: All Yea • Kingsford: Next item then would be to have the City Attorney prepare a ordinance if that is your desire. Yerrington: So moved Morrow: Second Kingsford: Moved by Max, second by Walt to have the City Attomey prepare an annexation and zoning ordinance, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Next item is to deal with the Preliminary plat. Morrow: Mr. Mayor, I would move that we approve the preliminary plat for Dakota Ridge Estates subject to staff conditions. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the preliminary plat for Dakota Ridge Subdivision conditioned upon staff comments being sa#isfied, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #20: PUBLIC HEARING: ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR ROCK CREEK SUBDIVISION, 20 LOTS Y KEVIN HOWELL AND RUBBLE ENGINEERING: Kingsford: At this time I will open the public hearing and invite the owner or his designee to speak first. Jim Merkle, 9550 Bethel Court, Boise, was sworn by the City Attomey. Merkle: I am here this evening on behalf of Kevin Howell Construction the applicant. This application consists of a 6.04 annexation with R-8 zoning and a 20 lot single family preliminary plat on 5.7 acres. This is a density of approximately 3.5 lots per acre. This project is located directly west of the Finch Creek subdivision and Howell Tract subdivision. We are about 3/8 of a mile west of Locust Grove along Ustick Road and the • • MERIDIAN PLANNING & ZONING COMMISSION MEETING: MAY 10, 1994 APPLICANT: DAKOTA RIDGE ESTATES AGENDA ITEM NUMBER: 4 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: O% & Zoning planning Meridian 1 gg4 rnmendation tO the Maye ~ ~ on a fav°rableOpposed~ pa9 Second seconded to as th°se in fav°r . OT A R1DGE Shearer • is m°ved and s so stated nc n F SAW FOR NARY p`AT gY °hns°n' 1~ With c°nd~ti° City Cou ONC`USION~O H A PRELIM C ARR1Ep ~ All Y ea MOTION OF FACT A~p1NG REQUEST fact as y°u 4• FIrIp1NG TION ANp ZON these findin9a your Pleasure M # EXA ~n9 hat IEST ATES ONE °mments re9~y A~orney? W apPro~es these AVENUE dlscuss~On ~epared by the C erebY ad°pts and Any of Y°~ P & Z°nin9 h J°hns°n ~ in front nnin9 ahaV ethem the eridian nls 1aW • ct c er : 1 m°v a nd conclusio °f indin9s °f f a an Shear of fact a e approve the f findings ani: Second seconded that W Shearer "Yea AUdI It is m°ved cad °te' _ Yea. Alidjan' "Yea. johns°n' of laW ~ roll onclusions er ,Yea, R°untree c HepP .. CA~t VOTE: RO~~ S ~ C ARRIEp : All Y ea mendat~on ~ yes ch MOTION have to addre decision °r recom a idd1E Roy Johnson Any k at this P°'vue Were in the m m sorry Johi ~Inaudiblel and z°n~n got true? 1 {ec atlon that until. erebY plat °hns°n' Alat s Paratelon to the C~tY C° in9 C°R'm~sszonn9 as s fo J inary p endat~ & Zon and MOTI preli able recor'r-m d1an plannin9he anneXat1the c°ndit~ t and the favor Mer' rove With lican Ve that the t they app lication the app install ITEM ~ Imo tha app nd that Ways and t me PERMI' Shearer. of Meridian ed in the laW a water aPPlican to the C~tyroPe~y des~co cWsjOns of es, canals d that the the develc Rountre for then of fact a ed to rile aln of a neXa ~ fiical y incWdin9 reQu~r adopts a finding 11 c°ndlt~o spe spec'fica y o{ Meridian ri sYstfmhe City n Shearer: ~r 9at1O ces o ordinan • Meridian Planning & Zoning April 12, 1994 Page 10 • doing that we will lose some acreage and I guess in attempting to make up for that the lots might be a little bit smaller and that is the request for the R-8, it will not be 8 units to the acre. Probably more on the order of 3.5 to 4 per acre. I think the density trade off there is the reason for requesting the R-8 zone. As to a minimum home size, I don't know. I have to be honest I don't know what your minimum requirement for a home size on an R-8 or under this particular circumstance wouldn't want the r-8 to apply necessarily because as I say to will be much greater than that, but I don't know what the minimum is. Smith: My understanding would be that it would be a requirement at the time of preliminary plat. Johnson: It would be, this is just annexing and zoning. Tanner: I simply would state that I wold want to put in a quality project and be consistent with the neighborhood in the area and what we do we try to do in a quality way. And so I will make that statement to the Commission. Johnson: You may wish to review the actual conditions put on those neighboring subdivisions that that you are aware when you submit your preliminary plat kind of what we are looking for. Than you, this is a public hearing, anyone from the public like to address the Commission on this application? Seeing none then I will close the public hearing. Need findings of fact. Shearer: I move we have the Attorney prepare findings of fact and conclusions of law for this project. Rountree: Second Johnson: We have a motion for the City Attorney to prepare findings of Fact and Conclusions of Law for Brighton Corporations application, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: PUBLIC HEARING: ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR DAKOTA RIDGE ESTATES BY AVENUE ONE AND ROYLANCE AND ASSOCIATES: Johnson: I will now open the public hearing, is there a representative of Dakota Ridge Estates, will you please come forward and address the Commission at this time. Meridian Planning & Zoning April 12, 1994 Page 11 David Roylance, 4619 Emerald, Boise, was sworn by the Attorney. Roylance: Dakota Ridge is located about a 1 /4 of a mile west of the intersection of Ten Mile and Ustick Road on the south side of Ustick. This is a 135 lot residential development. We propose City Water, city sewer, standard underground utilities and Ada County Highway District public streets. We have done a traffic study as requested by ACHD and that has been turned into them and they have approved it about 2 weeks ago. Could I answer any questions? Johnson: I will start with the letter from our Planning Administrator, have you had an opportunity to review that? Roylance: Yes, sir I have. Johnson: There is a recommendation there that it should be resubmitted. Roylance: I don't know that the issues are that significant. If that is what it takes, I could respond to these things. I don't know that it is significant enough to warrant a resubmittal. Johnson: Let me tell you where we are at, we do not have any comments from ACRD. Often times those are critical to what we do. That coupled with her recommendation kind of leads of towards perhaps not hearing this tonight. If you would like to address these items that she, these 4 paragraphs, the Commission would appreciate that. Roylance: Okay, regarding ACRD we have met with ACHD and we are working with the developers of the Lake at Cherry Lane I believe it is called to the south. So, regarding all of the street issues, that is should there be a stub street to the west or to the south and should we connect with the adjoing subdivision. Which the answer is yes we should. All of that is currently being worked out with ACHD and the developers to the south and it is pretty much decided. There are a few minor things to iron out with them and that should be the end of that. I don't think that is real significant. That is probably why you don't have a letter from ACRD. We have been to their tech review meetings and we have modified our plat to accommodate their requests. And also to mesh with the subdivision to the south. Johnson: Was that meeting with ACHD is that a recent meeting? Roylance: Yes it was, it was about 2 weeks ago or something like that. Regarding the fire station and the park and the school, I don't know what really we are being • • Meridian Planning & Zoning April 12, 1994 Page 12 asked to do specifically in this letter. But our attitude is we would be happy to cooperate within reason to see a fire station in the area. I don't know what the next step would be but we realize that our project stresses the infrastructure and we would be happy to pay our fair share. We would like to not pay over our fair share but anything we can do to facilitate a fire station within reason we would like to do that. I don't know if it is appropriate right in a residential subdivision. I guess it can be done, but there may be another place to put it. It may be better to put a fire station in a park but yet still near Ustick Road. I think that might be more compatible than trying to tuck into a corner of the subdivision. We will cooperate on that issue. Regarding the Rutledge Lateral, we will put the easements on the plat and we will pipe and the the ditch as required by your ordinance. Regarding the pedestrian walkways, we will be happy to work with Shari and put them wherever you need them. Some of these I have been talking with Mike who has been doing some of the work here some of the conversations with Shari.. And apparently maybe one of these pedestrian walkways has nothing to connect to. I think that is the one in Englewood, but in any event we are not opposed to putting in 3 connections where they are needed. I don't know that it would take a deferral to do that. We would be happy to put them where they would like them. Regarding Gary Smith's comments, I will go down those briefly if you would like. Johnson: Thank you Roylance: Number 1, I believe he is talking about our description in going to the center line of Ustick road, which that is typical it is farmland it is usually deeded to the center of the road. So, when we plat we will make a dedication to ACHD for the right of way on Ustick Road. And we do have the approved street names back, we submitted those to Gary just recently, I think today. Should a stub street be provided to the west, no I don't think so. ACRD didn't want one there so apparently according to ACHD they don't care to have one there. Can Ogibowe connect to the proposed stub from the Lake at Cherry Lane, yes it can. That is one of the details that we have been working out and have not resolved. Will Tuscora Drive be culdesaced since there isn't a proposed street stub from the Lake, yes it will. Number 6 talks about a 12 inch diameter water line on Ustick Road which we will do. And the lot dimensions and item 7 talks about deficiencies of the preliminary plat regarding frontage and other dimensional standards. That has all been corrected, there is plenty of room to make those adjustments on the preliminary plat. And we have done that. Number 8 says too much sewer line is being placed in a pathway in Block 2, can the street alignment be revised to eliminate the length? We can move, I would like to leave the street alignment where it is because it does have a pretty serious ripple effect on us if we move the street, it affects the lot layout of some of this. We can shorten that pathway by moving it slightly to the west and align it down to lot lines. And that • Meridian Planning & Zoning April 12, 1994 Page 13 would be the same length that it will all ready have to go to on the south of our project that is 2 lot lengths to get into our project. So we can make that consistent with what is already being done. Number 9 talks about the Rutledge lateral and we will pipe that. The southwest corner and the westerly side of the project will take a temporary lift station to service that with sewer and we are planning to work with the development to the south, The Lake at Cherry Lane and share a lift station with them, a temporary lift station to sewer that part of the property. And we are in the process of establishing the highest seasonal groundwater. And just today we did submit an overall plan of the water system to Gary so he could look at the fire hydrants, the valuing and street lights. I believe all of those issues have been addressed and they are fairly minor. Is there anything else I can answer? Johnson: Gary Smith, are you satisfied with those comments, is there anything you would like to add, is there anything unanswered? Smith: I just (inaudible) what they have said (inaudible). Johnson: Thanks Gary, any questions of Mr. Roylance? Hepper: I've got a question, would you address the entryway and landscaped berm on Ustick Road and what you plan to do there. Roylance: We plan to put a 20 foot wide landscape berm all the around Ustick right through here. (Inaudible) it will be a raised berm, long and low growing. Hepper: Will there be a fence? Roylance: I don't know that we made that decision. I don't know that we are opposed to fencing. Hepper: Are you going to leave that up to the homeowners? Roylance: No, this would be installed by the developer, we don't want to leave it up to the homeowners because we want some consistency and continuity. Hepper: Yes that is what I was thinking, if you leave it up to the homeowners you would get different styles of fences. Roylance: And that is not our intent, it is our intent (inaudible). I don't know that I personally like the look of a fence, personally I like a mound and grass and vegetation springing up. • • Meridian Planning & Zoning April 12, 1994 Page 14 Hepper: But if you don't put up a fence then the homeowners will put up a fence in their backyard. And then you will have, you have 15 lots back there, you will have different styles of fences. Roylance: That is true, I think we should fence, I change my mind. Hepper: I agree. Johnson: Any other questions? Rountree: I would just like to point out on your fencing issue that you be consistent with the City Ordinance. Roylance: Okay, we will Rountree: What is the easement of the Rutledge Lateral? Roylance: It is 40 feet, it says in this documentation that it is 60 feet, but according to the recorded easement it is 40 feet. Rountree: So, the edge of the lot lines you show on your plat here would be outside of that easement? Roylance: Well, we could do it any other way. Rountree: My question is are those lots in Block 5 of sufficient size to meet the ordinance? (inaudible) for the Rutledge Lateral. Roylance: Yes, they are, they are 108 feet, 106 feet deep and 80 feet of frontage. So, they exceed the 8,000 square feet. Rountree: But there is no easement in that. Roylance: No there isn't that is just to the line, I'll show you on the plat. That is just to this line here. The easement comes in through here. These dimensions from here to here, we actually tiled this, which we now will. We will extend these out to here from the lot. Well, let me just say the lots as shown here exclusive of these are 105 feet to 101 feet and that is the minimum that they would be and when we the that we will add an additional 40 feet to those dimensions although that additional 40 feet would be in an easement. We would use through a license agreement with Nampa & Meridian Irrigation District. So, in summary the lots exclusive of the easement do • Meridian Planning & Zoning April 12, 1994 Page 15 meet the dimensional standards of the zone. Rountree: You kind of shied away from the second paragraph about this being due south of the City's sewer treatment facility. Roylance: Well, we can't move the plant. Rountree: Is there someway to alert potential homeowners in this area that it is not the City's responsibility for any problem that it might create them in the future if in fact a developer does get the go ahead to develop this into a subdivision. Roylance: Yes, we can work with you to figure out how to alert them. I don't think there is much we can do to mitigate the situation. It is there, I don't think fencing or screening or bigger berms is not really going to make a difference. But, public notification is important so for all of us and we will comply with that. Johnson: Any other questions? We may call you back, thank you. This is a public hearing anyone else like to address the Commission at this time please come forward. Beveraly McKay, 2381 Monaco Way, was sworn by the Attorney. McKay: I have a concern (End of Tape) about the amount of traffic you are putting on Ustick road. I see you just approved, you have looked at one, you have looked at another, we have already got 3 going up on Ustick. At one point in time are you going to take it into consideration that there is a lot of traffic on that road. And that it is a 50 mile an hour road and it doesn't look like you are going to widen it very soon in the future. And that if we are we need to make an easement there for the widening. Johnson: Okay is that your comment? McKay: I would like an answer on it. Johnson: Well, basically we are here to collect testimony, we appreciate your comment. Anyone else, yes sir. Gary Johnson, 4018 West Ustick, Meridian, was sworn by the Attorney. G. Johnson: First off that I would like to say that I am not opposed to this development. We have a family farm dairy just north of this proposed development. And I would just like to state for the public record that this is, we are zoned Rural . ~ • • Meridian Planning & Zoning April 12, 1994 Page 16 Agricultural, we have dust, flies. We spread manure, we have odors, noise all times of the day and night and spay planes. I would just like to say that I don't want to hear any complaints from the neighbors, I don't want to hear it. As far as the sewer plant goes, I think they would probably feel the same way. It does drift in the summertime, you will smell it and it is offensive. And I'm sure people think we are offensive too. But like I said !don't want to hear and I don't know maybe we could be a sign up that on the north side of Ustick that says behind this sign is rural agricultural and please excuse us for an inconvenience in the coming years and make them aware of what they are stepping in. That is the way I feel, we have always gotten along with our neighbors across the road and I hope that we get along with our neighbors in the future. That is all I have to say. Johnson: I have a question, would you elaborate on the spraying that caught my ear. G. Johnson: Well, there is aerial spray in the neighborhood for insects. Does that answer your question, they usually spray at night when there is not drift. They are careful, but it bothers people. Johnson: What are they spraying for the record? G. Johnson: I couldn't tell you Johnson: Not the chemical, what kind of crop? G. Johnson: Oh, alfalfa, various insects on various crops. I am not up on that, I couldn't tell you. Johnson: Thank you, anyone else from the public like to come forward? Seeing no one I will close the public hearing. Any comments from staff? What is your pleasure? Shearer: I move we have the Attorney prepare findings of fact and conclusions of law for this project. Hepper: Second Johnson: There is a motion and a second to have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: PUBLIC HEARING: CONDITIONAL USE PERMIT FOR MELODY i MERIDIAN PLANNING & ZONING COMMISSION MEETING.: APRIL 12 1994 APPLICANT: AVENUE ONE AND ROYLANCE AND AGENDA ITEM NUMBER: 5 ASSO IATES - REQUEST: ANNEXATION/ ZONING AND PRELIMINARY PLAT FOR DAKOTA RIDGE ESTATES AGENCY COMMENTS CITY CLERK: CITY EINGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: SEE ATTACHED COMMENTS US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887-4813 Public Works/Building.Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM To: Mayor, City Council, Planning & Zoning Commission From: Gary D. Smith, PE Date: April 7, 1994 RE: DAKOTA RIDGE SUBDIVISION (Annexation, Zoning, Preliminary Plat) COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman -Planning & Zoning I have reviewed this submittal and offer the following comments for your information and or use as conditions of the applicant during the hearing process: 1. This parcel is contiguous to existing city limit boundary created by annexation of the Lake at Cherry Lane Subdivision parcel. The description does include the half of Ustick Road adjacent to the parcel. 2. Submit street name and subdivision name approval from Ada .County Street Name Committee. 3. Should a stub street be provided to the west? 4. Can Ojibway connect to the proposed stub from the Lake at Cherry Lane No. 3? 5. Will Tuscarora Drive be culdesaced since there isn't a proposed street stub from The Lake at Cherry Lane No. 3? 6. A 12" diameter water line will need to be installed in Ustick Road to comply with present city policy. Water lines are to be located 12 feet east and north of centerline. Water service is subject to a positive hydraulic analysis by our computer model. 7. •Lot 14 -Block 1 and Lot 7 -Block 2 needs a frontage with a 40 foot chord. These are not flag lots. •Access to Lot 17 -Block 1 and Lot 2 -Block 2 should be restricted to the culdesac street. •Lot 28 -Block 2 needs to have 80 feet of frontage. This is not a culdesac lot. •Lot 20 -Block 3 needs to have frontage fora 40 foot chord. •Lot 9 -Block 4 south frontage needs to be 80 feet. •Lot 20 -Block 5 -verify the lot contains 8000 square feet. 8. To much sewer line is being placed in a pathway in Block 2. Can the street alignment be revised to eliminate this length? 9. The Rutledge Lateral needs to be piped by ordinance. Plans will -need to be approved by the Nampa & Meridian Irrigation District. 10. How will the southwest corner and the westerly side be served with sewer? 11. Establish the highest seasonal groundwater level elevation to facilitate builder location of footing bottom one foot above. 12. Submit overall plan of just the water system so that fire hydrants, valuing and street lights can be located by city staff. HUB OF TREASURE VALLEY OFFICIALS A-Good Place to Live WILLIAM G. BERG, JR., City Clerk JA NICE L. GASS, City Treasurer ~`~ / ITY OF MERIDIAN GARY D. SMITH, P.E. City Engineer \/ BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, waste water s~vt . 33 EAST IDAHO KENNY W. BOWERS, Fire Chief IDAHO 83642 MERIDIAN W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney , Phone (208) 888433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 MEMORANDUM GRANT P. KINGSFORD Mayor TO: Planning & Zoning Commis i~_ M~r and Council ~~ FROM: oning Administrator. & Z Shari L ~Plannin ales g . COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman • Planning 8 Zoning DATE: April A, 1994 SUBJECT: Annexation and Zoning with a Preliminary Plat for Dakota Ridge Estates Dakota Ridge is planned for 135 lots on 41.57 acres directly west of Englewood Creek Subdivision and directly north of The Lake at Cherry Lane No. 3 (also being presented at a public hearing tonight). A fire station, park, and school are presented in the Comprehensive Plan as being needed for this area. This site is south of the City's wastewater treatment plant. Although winds generally prevail from the west, there is the possibility of negative impacts on property owners. A 20-foot landscape buffer is indicated along the northerly boundary, but additional mitigation measures should be carefully considered. No plans are indicated for the Rutledge Lateral and other waterways. Easements should be delineated on the plat. All plans will need to be coordinated with the Nampa-Meridian Irrigation District in accordance with City Ordinance. Pedestrian walkways should be provided to the west, east and south of this proposed development, as well as midway through Block 3 to prevent long, circuitous pedestrian routes. Applicant should ensure roadways are compatible with adjacent developments. The preliminary plat should be resubmitted addressing the above items. A development agreement should be required prior to annexation approval. • OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS. Fire Chiel W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY ~v 2 S A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman -Planning & 2onmg TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, may we have your answer by: April 5, 1994 TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4/12/94 REQUEST: Annexation! zoning with Preliminary plat for Dakota Ridge Estates BY: Avenue One and Rovlance and Associates LOCATION OF PROPERTY OR PROJECT: 1/4 mile West of Ten Mile Road and Ustick road Intersection JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8t FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8t FINAL PLAT) U.S. WEST(PRELIM 8t FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES OTHER: ` YOUR CONCISE REMA KS: ~~ ~~~ ~ .~i ~~qt} ~~'~'~ ~~ ~~~~~~~~it~~~ HUB OF TREASURE VALLEY OFFICIALS A ~d place to Live WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer //y' l ITY OF~ 1VIERIDIAN GARY D. SMITH, P.E. City Engineer \/ BRUCE D. STUART, Water Works Supl. 33 EAST IDAHO JOHN T. SHAWCROFT, waste water supt. KENNY W. BOWERS, Flre Chiet MERIDIAN, IDAHO 83642 - W.L. "BILL" GORDON, Police Chief phone (208) 888433 • FAX (208) 887813 WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Department (208) 887-221 I GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALO R. TOLSMA MAX VERRINGTON ROBERT D. CORRIE WALT W. MORROW ~~~~~~( j~F~l STILES a',~(, n Administrator MAR 1 8~ JOHNSON h • Planning 8 Zoning 1.1T~ L~' I~~~{lli~AlY •. TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will. be considered by the Meridian Planning ~ Zoning Commission, may we have your answer by: April 5. 1994 TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4/12/94 REQUEST: Annexation/ zoning with Preliminary plat for Dakota Ridae Estates BY: Avenue One and Roylance and Associates LOCATION OF PROPERTY OR PROJECT: 1/4 mile West of Ten Mile Road and Ustick road Intersection JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TO.LSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8t FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8t FINAL PLAT) U.S. WEST(PRELIM 8t FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8t FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8t FINAL PLAT) Cr6Y FILES •) ~ ~ ~ `~ ~/ OTHER: .~ / ,!w-~~dw~~s S~INTENDENT OF SCHOOLS Bob L. Haley ~Da EXCEL! OEP Dan Mabe, Finan eDB~ Administration ~~fi~ DIRECTORS ~~~\~~~ ~ Sheryl Belknap, Elementary Jim Carberry, Secondary Christine Donnell, Personnel Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911 MERIDIAN STREET MERIDIAN, IDAH083642 • PHONE(208)888~701 /(9 Q ~~ March 14, 1994 City of Meridian 33 East Idaho Meridian, Idaho 83642 RE: Dakota Ridge Estates Subdivision Dear Councilmen: I have reviewed the application for Dakota Ridge Estates and find that it includes approximately 135 homes at the median value of $100,000. We also find that this subdivision is located in census tract 103.10 and in the attendance zone for Linder Elementary, Meridian Middle School and Meridian High School. Using the above information we can predict that these homes, when completed, will house 47 elementary aged children, 39 middle school aged children, and 49 senior high aged students. At the present time Linder Elementary is at 134$ of capacity, Meridian Middle School is at 126 of capacity and Meridian High School is at 123 of capacity. The Meridian School District is not opposed to growth in our district, however this subdivision will cause increased over- crowding in all three schools. There is little opportunity to shift attendance boundaries since the surrounding schools are also well over capacity. Before we could support this subdivision, we would need land dedicated to the district cr at least made available at a minimum price for a school site in this area. The site would need water and sewer service available. In addition we would need to pass another bond issue for the construction of schools. Even if we were willing to use portable classrooms for a year or two, this project would require two classrooms at the elementary level, one at the middle school level and two at the high school level. To build portables ready to occupy by students will cost approximately $40,000 each. As you can see the total for one portable would be $40,000. We would welcome a meeting with you to find ways of mitigating the projected costs to the school district. • We are in a difficult position and need your help in dealing with the impact of growth on schools. Sincerely, ~~~~~ an Mabe Deputy Superintendent DM:gr • SUBDIVISION EVALUATION SHEET R~~E~~~~ Proposed Development Name DAKOTA RIDGE SUB City MER,IUI~ 1~ Q,~ Date Reviewed 3/24/94 Preliminary Stage XXXXX Final~lTV' (~~ ~~:~~ Engineer/Developer Rovlance & Assoc /Avenue One The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO ST CO ~ ~>coT I nGe ~JPJ Date ~' I~ The Street name comments listed b o are made by th members of the ADA COUNTY STREET NAME COMMITTEE (under rection of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall appear on the ola* as: "W USTICK ROAD" _ The following new street names are aoaroved and shall aaoear on the plat as: "W. IROQUOIS DRIVE" "N. HURON AVENUE" "N. HURON PLACE" "N. OJIBWAY PLACE" "W. TUGIT STREET" "N. LOCHSA PLACE" "N. TUSCARORA AVENUE" "N. TUSCARORA PLACE" "W. ETOWAH DRIVE" "N. CHEROKEE AVENUE" "W PAHSIMEROI COURT" The street shown on the plat as "SHERVIL DR" is less than 150 feet from centerline to centerline of another ro osed street and therefore shall be named: "W. ETOWAH DRIVE" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. -- ADA COUNTY STREET NAME COMMITTEE, AGENCY RE~SE DATIVES OR DESIGNEES Ada County Engineer John Priester Date Ada Planning Assoc. Meridian Fire District ~ti~. C`,ti Date3 3~( ~`~ Terri Raynor Representative Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the. "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index NUMBERING OF LOTS AND BLOCKS-- j~~~^°„~/~~~-~~~~~1., • NJW CORNER sECT1oN 3 _ _ ~ S 89'08'44" E 2628.39' i ~ ___ NW CORNER sECnoN a S 89'08'44" E 2628.39' ~~ APR 07 '94 01~49PM CENTRAL CENTRAL •• DISTRICT 'HEALTH DEPARTMENT Rezone # Conditional Use # rellmina Fina) /Short flat r SHEET Healt~ h D iol~~'C~~'~~~ A~0 0 7 t9~4 n %r t~Yfi.ii-Z~.vtt~~ C~~ ~ R~tra to: ^ Boise ^ Eagle ^ Garden city C~Meridian ^ Kuna ^ ACZ [] I. We have Objections to this Proposal. i [' 2. We recommend Denial of this Proposall I [~ 3. Specific knowledge as to the exact type. f use must be provided before we can comment on this Proposal. 4. We will require more data concerning it conditions on this Proposal before we tan comment. [] 5. Before we can comment concerning ind vidual sewage disposal. we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ~ [~ 6. We can Approve this Proposal for indivjdual sewage disposal to be located above solid lava layers: ^ 2 feet ~~~ ^ 4 feet 7. After written approval from appropriat entities are submitted, we can approve this proposal for. ,~ central sewage ^ tom unity sewage system ^ community water well ^ interim sewage ~ ten I water ~ Individual sewage ^ Indiv ual water 6. The following pian(s} must be submitted] to and approved by the' Idaho Department of Health & Welfare, Division of Emironmenta! Quality: ; cnntral sewage ^ comr~uniq sewage system ^ community water ^ sewage dry liners ~ ten ' I water 9. Street Runoff is not to create a mosquit breeding problem. 10. This Department would recommend de~'erral until high seasonal ground water can be determined if other considerations indicate approval. ~~ 11. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ~ 12. We will require plans be submitted for ~ plan review for any: ^ food establishment ^ s+~nm ing pools or spas ^ child care tamer ^ beverage establishmem ^ groc~ry store 13. ~ ®'~ Date: Reviewed 8y: 2 ' 'r- mIID IOHI r~, «r. iUf3 jll H ' • • HUB OF TREASURE VALLEY RECE~ MBERS OFFICIALS A Good Place to Live R~r,~. rOLSMA MAX YERRINGTON WILLIAM G. BERG, JR., City Clerk Treasurer Cit GASS MAR ~ CITY OF MERIDIAN Z 0. CORRIE WXCt W. MORROW y , JANICE L. GARY 0. SMITH, P.E. Clty Engineer BRUCE D. STUART, water Works soot. f ~ ~ $y{~RI STI S 33 EAST IDAHO ~~~~ `~ ~ ~j~~{~dhlinistrator JOHN T. SHAWCROFT, waste water spot. KENNY W. BOWERS, Fire Chief ~© JIM JOHNSON MERIDIAN, IDAHO 83642 " " Chairman • Planning & Zoning W.L. "BILL" GORDON, Police Chief ~ ~~ ((((~ phone (208) 888433 • FAX (208) 887813 ~ WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Department (208) 887-22~~`,~v p GRANT P. KINGSFORD + ~ M~R 1~a~ Mayor 1 & MERIDIAN NAMPA N DISTRICT O NCIES FOR COMMENTS ON D~~~PMENT PROJECTS TRANSMITTAL T O AGE WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, may we have your answer by: A ril 5 1994 TRANSMITTAL DATE: 3/14194 HEARING DATE: 4/12/94 REQUEST: Annexation/ zoning with Preliminary plat for Dakota Ridge Estates BY: Avenue One and Ro lance and Associates LOCATION OF PROPERTY OR PROJECT: 114 mile West of Ten Mile Road and Ustick road Intersection JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) MOE ALIDJANI, P2 ADA COUNTY HIGHWAY DISTRICT JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z N TIM HEPPER, P2 CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT GRANT KINGSFORD, MAYOR SETTLERS IRRIGATION DISTRICT RONALD TOLSMA, C/C IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) BOB CORRIE, C/C WEST(PRELIM 8t FINAL PLAT) S U WALT MORROW, C/C . . INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) PJL4X YERRINGTON, C/C BUREAU OF RECLAMATION(PRELIM 8 FINAL PLAT) WATER DEPARTMENT SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT FIRE DEPARTMENT OTHER: YOUR CONCISE REMARKS: Nampa & Meridian Irrigation TMENT District's Rutledge Drain courses along the southwest POLICE DEPAR corner of the project The right-of-wav of the Rutledge CITY ATTORNEY CITY ENGINEER Drain is 60 feet : 30 feet from the center each wav. See CITY PLANNER Idaho Code 42 1208--RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE P~S~SSION. The developer must contact John Anderson or Bill Henson at 466-0663 Qr ,_~_ or a royal before am District requires that a Land Use Chan a Site Develo m review prior to final latting Contact Donna Moore a* ~~ 't- 18RC~ ar 4hfi-7Rh 1 fnr f„rther information. All laterals and waste ways must be prnrPrrPd Mt,n,r,= 1 enri=arc rirainage must be retained on site. If an urf Irri ation District must re i water be made available to all developments within Nampa & Meridian Irrigation District . `Bill enson, Foreman, Nampa & Meridian Irrigation District • `~a~r~ia. & 'n~~cidiaas ~firugatiaat Dc¢~tict 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 Roylance & Associates 4619 Emerald Street, Suite D-2 Boise, ID 83706 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 RE: Land Use Change Application for Dakota Ridcle Estates Dear Roylance & Associates: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above- referenced development. You were previously sent a complete packet of information concerning Land Use Change, urban irrigation, and exclusion. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY./TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Superintendent Avenue One City of Meridian ,~- .,., V enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 18 March 1994 HUB OF TREASURE VALLEY S COUNCIL MEMBER OFFICIALS A GOOd PIaCe IO LIVC AONALD R. TOLSMA MAX YERRINGTON WILLIAM G. BERG, JR., City Clerk City Treasurer GASS ICE L ~''1 ~''! CITY O H ~ ~-1 ~IDIAN R°BERT °. C°RR'E 1 1 • 1J 11~` WALT W. MORROW . . JAN GARY D. SMITH. P.E. City Engineer STUART. Water Works Supt. BRUCE D 33 EAST IDA~IO RI STILES Q E~E~ ~/aawirCOmng Admmistralor . JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. 00WERS, Fire Chiel Chiel MERIDIAN, IDAHO 832 ~ 887813 208 17~ JIM JOHNSON n ~ Planning & Zoning 6 W.L. "BILL" GORDON, Police ) Phone (208) 888-4433 • FAX ( . ApR 0 WAYNE G. CROOKSTON, JR., Attorney public Works/Building Deparrmen[ (208) 887-2211 GRANT P. KINGSFORD ~; n~ dd 1~^^~~, ~~yy C~'r'~ ~l ;•ir'~lu~n~ ~. Mayor TRANSMITTAL TO AGENCIES FOR CO Y OF MERIDIAN ELOPMENT PI20JECTS WITII TIIE C To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, may we have your answer by: A ri 15 1994 TRANSMITTAL DATE: 3/14194 HEARING DATE: 4112194 REQUEST: Annexation/ zoning with Preliminary plat for Dakota Ridge Estates BY: Avenue One and Ro lance and Associates LOCATION OF PROPERTY OR PROJECT: 114 mile West of Ten Mile Road and Ustick road Intersection JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 81 FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM ~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 81 FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: We require a permanent 10-foot wide public utilities easement along all lots adjacent to a road right-of-way dedicated to public or private uses RS cu~R~uTL`/ ~oe~~ o~ PR~.~m~N~y PI.~'r' Tim Adams ~~~ f~~s Idaho Power r 322-2047 ~"~~ '~ T w HUB OF T]j~QSURE VALLEY COUNCIL MEMBERS OFFICIALS W0.LIAM G. BERG. JR.. Clty Cterk JANICE L GASS, Clty Treasurer GARY D. SMITH. P.E. Clly Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. 90W ERS. Fire Chiel W.L "BILL" GOROON, Polies Chief WAYNE G. CROOKSTON, JR., Attorney A GOOCI Place to Live ~ Mnx . CITY OF MERIDLAN RRINGTON W~~ W MORROW SHARI STILES 33 EAST IDAHO _ planner d Zoning Administrator MERIDIAN, IDAHO 83642 ~ ~_ ~,~.., _ a bra Phone (208) 888433 • F m( ~~ ~~ ~ y` ' ~ JIM JOHNSON Chairman • Planning d Zoning ul 1 t (208) 8 rn Public Works/Building Depart GRANT P.KINGSFORD ~~~ ~ Z ~Sg~ Mayor TRANSMITTAL TO AGENCIES FOR COM OF MERIDIAN~LOPMENT PROJECTS WITH THE CITY To insure that your comments and recommendations will be considered by the Meridian Planning 8i: Zoning Commission, may we have your answer by: April 5, 1994 TRANSMITTAL DATE: 3114194 HEARING DATE: 4112194 REQUEST: Annexation! zoning with Preliminary plat for Dakota Ridge Estates BY: Avenue One and Ro lance and Associates LOCATION OF PROPERTY OR PROJECT: 114 mile West of Ten Mile Road and _ JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER Ustick road Intersection MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8t FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8t FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: _~ ~ QC-.Qt._l.r n ~ (~tni..C r~.~r ~ ~~rzt C k~~/M,f~"L ~~ nr r N A ^ ~T 1~ T 1tT7 S I.~LL7F1r• t ~.~ L r~-1~ ., . ~r- ~:. f~ ~ ~~ ~ ~ ~P ~~ ~~~~.~ S ~ ~ ~ if ~ r~r ~aC irr~i~~ Covet S hee# `to: Shari Stifes Comp puny: Planning Director, City of'Meridian hone: 2as1888-4433 Fax: 208!887-4$13 from; hAikie Shrewsberty Comp~hy: Roytanoe & Assaciates~ P. A. Phone: 2~8133~-7390 ~8x: 206/336-7391 Date: 0+4/46194 Pages 1 cluding this cover paiSe; ~~„ G meets: I~evlsed sketch for Dakota Ridge Sutfdlvislon. 1 propose o exchange fire stsflon slfie{120' x '12!1') at Ust#ck ~ iro- quols tot' hor~et• frontage lots (typlca172' x '120' ~ 75 x 107' In Phass 31 tender to'vecover lost lots. 2fl' pad. access for buffer. Tuscaro is cut-deuced, ojltn~ray Is access point to south. Tlltlglt St et is also shut-off In order to channel access thru iroquols. maN Pots #ene intended as drainage rsterttlon areas. t~aylvnc~ & i ~' P.A. aGSa ew sw~ n ~ ea , IdorYo eJ70W 'Via ta>< 24K 887-48 t 3 March 21, 1 Shari Stites Alarming E)~ City of Mo+ ~3 fiast.tda Meridiatr, l RB AC."!iD jour Shari Please be Isrc ,and t S, 1994. April i at verbally n was und>; the caft, with this fur this a~ }t' you lu cull rate #1 Sirtc~cly, ~~~ Miko Shri Prcrjcct M cc ACH[) Projsct No. 1488 - Street .ho 83642 ~ferral Rec~utst, Dakota Ridge Subdivision [~) 33o-73V0 Fax (?Oe) 3.'i1r7301 r armed that t~re requested traffic study was frnishal; by Bet!-Walker Enginot;ra, ndtted to A~fa County Highway District for their review and commatt March e findings d rived by this report should be Snished; and accepted by ACHD by npy availab a upon roquest}. !took e~dvanutge bf numerous occasions to e rho point uitt clear to DCVtlopmatt Services Qivisian sta~'that this study -y, and wou be submitted far in advance of any ~'rcial request. SinCa this is ~ otnco beli es that there is rw need far the Cit~+ of Me+idian to acquiesce uest, and use further drlay to this project. We ~slc that the public hearing cation be he as originally scheduled for Apri! 12, :1994. any questis~n or camrnent in regard to this matte. please do not hositato to 6-7390. i ~+>~ sherry . agcr '. ~ Services Division lholt-tt' tax trarumittaf memo 7t3T1 • or ~ '73aJD ,.. w . ~ Surveyors ~ Lanbl~ICnn@I'S r•. . ~~ n~ r~ ~~. ; ~~ w r - a •a~ ~ $ ~ ~ ~ i ~ .~ u ~ ~ ~t st tt ~t fit ~ a, + ~ ~; j , ~ ~ ' a. ~r x q ~ ~ ,# Nv ~~~ .... S '~1161i¢iY !- ~. y~ 7 t ~~ M ' y~ - ~ r • ~ ~~ ~ `i ~ Y M~ ~ ._ ~~ ~, ,, ~ ` . ~ ~ ~ ~ ~ ~ ~ r ~ r a ~ M tt ~ , ~ ~ ~ ~ M ~ • ~c t e ~: ~e M ~ { t ~ 3 ,~ ~ M ~ ~ ~ ~ 0 • ~ 'v rv to io q f t ,{ ~ HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman • Planning 8 Zoning TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, may we have your answer by: April 5. 1994 TRANSMITTAL DATE: 3114/94 HEARING DATE: 4/12/94 REQUEST: Annexation/ zoning with Preliminary plat for Dakota Ridge Estates BY: Avenue One and Roylance and Associates LOCATION OF PROPERTY OR PROJECT: 1/4 mile West of Ten Mile Road and Ustick road Intersection JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM ~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: Roy~c~nce & AOst1 (R~IAk1 SiA• t~r~ P.A. ~ Enp}rn~ts • Surveti~s • tandpionners _ __ ~wne, ~9L O90~ February 15, 1994 Project No. 1488 A tract of ta+x! Range 1 Vireat, r i 324.35 th~wc thn-ce ~~ De~cnptyon Dakota Ridge Estates Subdivision d in the Northwest 1/4 of the Northeast 1/4 of Section 3, Township 3 North, Merid'~ain, Ada County, Idaho, described as followx: at a found bra:s cap mor+ument+n8 the N°Rhe~st Comer of said Section 3; ~ 89°-06'-49" West along the notthorfY line of said Section 3 a distance of to a point; said point being, ~ ~~T OF BEGINNING. 00°-2S'~S7" West a distance of 1370.74 feet w a point, ~ $9°-10'•37" West a distance of 1.32©.96 foert to a point, ~ 00°-27"»30" East a distance of 1372.00 feet to a point, th 89°.06'-49" East a distancx of 1,320.35 feet to the pOTNT OF The a described vast of land contains 41.57 acres more or less, subject to ali pasting ~ snd rights-af-way. P+D~t-tt ` Drs~d fax t~anstnE2ta! memo 7fi7t r et pwa + :i"Gi~ ~.~ ~,~, i ` Roylance & Associates P.A. • Engineers • Surveyors • Landplanners 4619 Emerald, Suite D-2, Boise, Idaho 83706 Project No. 1488 Dakota Ridge Estates Subdivision Telephone (208) 336-7390 Fax (208) 336-7391 Dakota Ridge Estates is a 135-lot planned residential development located along the south side of West Ustick Road west of North Ten Mile Road. Residential density on this 41.57-acre tract is 3.25 dwelling units per acre. The site is located adjacent to the city limits of Meridian, and a request for annexation accompanies this proposal. This would involve a change in zone from its current Ada County'RT' Rural Transition District to Meridian's'R-4' Low Density Residential District. Surrounding land-uses found in the vicinity of the site includes aloes-density residential development currently under construction (Englewood Creek Estates Subdivision) to the east. Agricultural land is located immediately to the north, south, and west. The principal town center and commercial district for Meridian is located roughly 2 miles to the southeast of the property. Municipal water and sanitary sewer utilities are available to the site. The proposed density of development reflects the spirit and intent of the updated version of the City of Meridian Comarehensive Ptan, which recommends single- family residential development for this area. Other community facilities proposed for the immediate area includes a regional park, fire station, and domestic water welt. Access from the north shall be provided via West Ustick Road, with a local network tie to the east at Shervil Drive. A future street access point shall also be provided to the south. At a state of total development, vehicular traffic generated by this project is estimated to be roughly 1,350 vehicle- trips-per-day. It is anticipated that this condition shall be attained by the year 1996. Current traffic demand along West Ustick Road between Star Road to the west and Linder Road to the east is roughly 650 vehicles-per-day. This is expected to increase to 10,000 vehicle trips-per-day by the year 2015. West Ustick Road is classified as asub-standard minor arterial thoroughfare by the Year- 2000 Functional Street Classification System-Urban Area. Right-of-way requirement for West Ustick Road is 45 feet from centerline, with 20-foot landscape buffer lots provided along the full length of the roadway. The proposed residential dwellings shall be a mix of single-story and two-story structures primarily featuring 3 bedrooms with two-car garages. The size of living areas for these residences shall be in excess of 1,500 square feet. The architectural character of the buildings shall reflect a high quality of physical aesthetics and construction. Soils found on the site are predominantly Purdam-Power silt loams with very shallow slopes. These are typically moderately deep and well drained with depth to hardpan ranging from 20" to 40" below surface. These soils can adequately support residential housing without basements. Any questions or comments regarding this application should be directed to Mike Shrewsberry, Roylance & Associates, P. A. at 208/336-7390. • • REG~UEST FUft SUBUIVISIGN APPRCIVAL PRELIMINARY PLAT ANU/OFi FINAL PLAT PLANNING ANU ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request far preliminary plat appr•aval must be in the City Clerks possession na later tr,an tY,ree days iollawir,g the regular meeting of the Planning ar,d Zoning Commission. The Planning and Zaning Commission will hear the request at the monthly meeting following tt,e month the request was rnade. After a proposal enters the process it may be acted upon at subsequent montrily meetings pravided the necessary procedures and documentatian are received before 5:i0fo P. M. , Thursday f allowing the Planning ar,d Zaning Commission action. GENERAL INFORMATION nn 1. Name of Annexation and iS,ubdivision, ~IJ~tI-r~ rlciGFf ~5`IA~.S 2. General Location. ~1i~ ~~~~ ~ 0~1 3 ~3~ ~ ~W ~ Ml ~sfi O ~nthi~Il.L OAD~USi~C•K RD M~5EG11L 3. Owners of record,'1-~bNAtZI ~~kr,.IR2~~R Address, 3~pp5 WEST L~511UC R,D ~Rl iAN ,Zip ~~2flTeQlephone 8' 4. Applicant, 111,'t;JUE ~N~. Addreppss, PQ fox ~~ Sum., ~eks CA ~f ~i3 5. Engineer..DAJ1D ~c~`(LAN~E Firm I`6YL'W~E ~ ~55ac ~p7~ Address ~•b~9 ~ME2~w ST .SUIT ~ ~.l Zip ~7b~ Telephone 2C7$ 336 7390 6. Name and address to receive City billings: Name ~il~1.IUt C~N£ Address P~~ ~~(2tV~AN ~AiCS Telephone $~a ~'~'`~~~ PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres_•~, ~.57 2. Number of lots J35 3. Lots per acre 3:~ 4. Density per acre j~ 5. Zoning Classification (s) ~2'`'t • • E. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictiory~1 le, what is the existing zoning classification KT K~2~L'TfLyv5Rl0~ 7. Uoes the plat border a potential green belt 1V0 &. Have recreational easements been provided for !VU 5. Are there proposed recreational amenities to the City ~Jc _ Explain 10. Are there proposed dedications of common areas? NO Explain For future parks? ~~ Explain 11. What school t s ) service the area Jolts ~rao1- D~srRtcr~. _d,o you propose any agreements for future school sites I~'~ Explain 12. Other proposed amenities to the City 'GPL Water Supply ~~1~2~D1-a~1 Fire Department Other _ . Explain 1.:'s. Type ~ of Buildir}~' (Residential, Commercial. Industrial or combination) K~3iA'~1~1A1. 1~~. Type of Dwelling(s) Single Family, Duplexes, Multiplexes, other ~Sit~14~t~.'FAfNt~Y 15. Proposed Development features: a. Minimum square footage of lot t s) , O 0~ b. Minimum square footage of structure (s ) ~)~~ ~` c. Are garages provides for, ~~ square footage ~ i" d. Are other coverings provided for Na e. Landscaping has been provided for ~d. Describe (2) • • f. Trees will be provided for Y;~S Trees will be maintained ~~S g. Sprinkler systems are provided for ~~FS h. Are there multiple units ~ Type remarks -~I i. Are there special set back requirements IVO Explain j. Has off street parking been provided for ~ES ,Explain ~(21V tu1A~l t~`2~AS k. Value range of property 1. Type of financing for development m. Protective covenants were submitted .Date 16. Does the proposal land lock other property !V~ , Does it create Enclaves 1V0 STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimension$ will be determined by the City Engineer. All sidewalks will be five (5) feet in width. ?. 3. 4. 5. 6. Proposed use is in conformance with the City of Meridian Comprehensive Plan. Development will connect to City services. Development will comply with City Ordinances. Preliminary Plat will include all appropriate easements. Street names must not conflict with City grid system. t3) • • APPLICATION FOR ANNEXATION APPROVAL & ZONING OR REZONE MERIDIAN PLANNING & ZONING COMMISSION FILING INFORMATION I. GENERAL INFORMATION Dakota Rid a Estates (PROPOSED NAME OF SUBDIVISION) NW 1/4 NE 1/4 Section 3. Township 3 North, Range 1 West South side of West Ustick Road west of North Ten Mile Road (GENERAL LOCATION) (LEGAL DESCRIPTION - ATTACH IF LENGTHY) (OWNER(S) OF RECORD) (TELEPHONE #) 3875 west Ustick Road. Meridian. Idaho 83642 __ (ADDRESS) Avenue One 818/344-4249 (APPLICANT) (TELEPHONE ~) P O Box 5465, Sherman Oaks. California 91413 (ADDRESS) Rovlance & Associates, P. A. 208/336-7390 (ENGINEER, SURVEYOR, OR PLANNER) (TELEPHONE #) 4619 Emerald Street. Suite D-2, Boise, Idaho 83706 (ADDRESS) City of Meridian (JURISDICTION(S) REQUIRING APPROVAL) Residential (TYPE OF SUBDIVISION - RESIDENTIAL, COMMERCIAL, INDUSTRIAL) 41.57 ACRES OF LAND IN CONTIGUOUS OWNERSHIP. (ACCEPTED BY) (FEE) ., a real estate partnership February 9, 1994 City of Merridian 33 E. Idaho Street Merridian, ID 83642 RE: Letter of Authorizati.or. to Act as Age:~t f.or 0*.~.er To Whom It May Concern: I, Andrew D. Byron, owner and which has a vested interest in the Ustick Road, Merridian, Idaho, Roylance P.E., P.L.S of Roylance & behalf as my agent to represe project. general partner of Avenue One, 40 acre parcel located at 3875 do hereby authorize David H. Associates P.A. to act on my nt me on this land development This letter authorizes Mr. Roylance to sign and submit ary and all applications as necessary on my behalf, pay fees, and do anything else necessary to complete the. application process. If you have any questions, please call me at: (818) 764-9975 office or (818) 759-0526 fax. Any correspondence should be sent to: Avenue One, 6611 Varna Avenue, Van Nuys, CA 91401. Thank you very much. Sincerely, Andrew D. B ou General P tner ADB:ms encl. *,~ ~~~~ N~N~ . ; ~ 4 199 ~ . ,e ~~ q~ ,~ ~IESr IJst~kl~c ,_ ., ,; • IEe RT i i ., -- ------- - -. I . \ __ o, ...._... 2 1 z ] • n m 7 6 a 1• ] ] • 6 ~ 7 • 1 Y ] 6 • ~ ly i] U 1D /2 11 . ~ e 11 0 16 yy ~ . n 7 ~ ]0 ~ /0 N 7< b ' e ~ a » v n ]] • ~ ° a m u m ( ~ y+ n m s ' 1~ as lz m to y ~ n s ~ n a Y ' 4 ;~~ u ~ 6 ~ ~ H ~ m u r ~ ]o m „ ~ 1 2 1• n m a a _ u s x ] ' » z. a u u n u b ~ u a r p ~ ~ M 0 1 •~~~o~o• j-~- 000000000~oo~o~N~oo~N~~N ~N~1~~~~~~o~~~N~N ~~,101A1v C ~1M1'~S N ~ Zoning ~ Dakota Ridge s 1 " = 300' N 1 1J ~. /ti l L t= GT 0 v 0° ~1 ~ F>m Jm & a~ >~~ ~_ ~ ?Zz <~ J~U ~~~ a~+ 0~ aZ c~ z 0 t A~ I~ ~i ~~ • ~~'~~ ~~~~ a ~ ~ ~~ ~ ~ I ° R o ~~ 1 e I I • R ~~ ~~ ~~ ~~ ~~~ ~ E ~ ~ ~ 9 < ` ~ ~ ~~~ ~~~ ~ ~ a ~ ~ ~ ~ ~7 z ~~ R~ ~~ ~ ~ ~ ~ ~ ~ ~~ §~ ~~ ~~ ~~~ ~ ~~ ~ R ~~ ~~ .~~ ~ N N i d d w d d tl v+-rr~ & : ~~ ~ ~~~~ i ~ti J c ~~~€ Z ~~~~ ~ # o~ ~~ Z R o e~€~~ n 0 J g ~ ~a~~ ~ ~g~g ~ ~.. 3 0 ~ ~~~ (~~ d ~~ „rriG,e REALEST~URCHASE AND SALE AGREEMENT AND RE~FOR EARNEST MONEY THIS IS A LEGALLY 81ND NTRACT, READ THE ENTIRE DOCUMENT, INCLUDING THE GENE INTED PROVISIONS ON THE REVERSE SIDE AND ANY ATTACHM AREFULLY, BEFORE SIGNING. IF YOU HAVE ANY QUESTIONS, T YOUR ATTORNEY BEFORE SIGNING. 1. IMPORTANT -AGENCY DISCLOSURE At I~,ettime of this agree,nem the agent working with the buyer represented Sri V O t / S O l l O r and N,e agent workbp with the teikr represented ~n E. r :+Y __ . C:uh parry xigning Ihir. dunannnt rvx,tim,s axd Ixia wriuon disrtus,un ul agerwy was provided b himltar h Nis vansacpon. Each parry to this Irensackan has read a,d unua,slards Ne ConlenLS a W agency d,xlusuru brochure previously recurvW. ID# •7239 ~ ~'•~'ri9ian .tdano Nov. 4 tg2~ ~<•' e r agrees b ss, and the uraare,gnod oiler agrees to sell the abWing de real sable reinaller retorted to as premises' commonly kravm es s i k Rd Gry a Isle ri d _ A n eotnty a ACid _ _ . Idala, legally descrill8d as: * A hr± a w r h c~ d (A FULL AND COMPLETE LEGAL DESCRIPTION MUST BE INSERTED OR ATTACHED PRIOR TO EXECUTION BY SELLER. 8uyor Ixtroby authorizes broker to insen ovor hie Mgnattra the Carted legal dseaiplbn of the premieres it unavaibble at tla lime a siyrrirw, or to Cared Nre lapel t)eseripliat prevbwry ontered it enonooua or incanplea.) 2. EARNEST MONEY. • (a) Btnwrltmabv deooells as Nmect money and a receipt is t,ereby ackrawiadged ul ~' ~~ ~ ~ j r ~ ~ a * donate (S 5~ U D O ~ O-fl ) ~~ ~; ^~ ^Peraonal Check ^Castder Cnedc - e Due ^or (D) EameM Molly b be dspoMtad to YuM account upon aaopbnce by all parries and shaNMYfield b : ^Ustirtg Broker ®Seiling Broker ^Othar h+r the benefd of the parties heraa, and T.:a Y r~ .A rat u-st ~ (Broker) shah hold Na tXtrllpNtely executed txakels copy a this agroomont and is ruslan,sil,ir. br Iho dosing. (c) If ail artdllons have bNn met by Buyer, Buyer and Seller agroe u,al thv uan,usl naney (less credit repoA loos, erd any other Buyer's coats) shay be refunded to Buyer in Nte event Buyer of Seiler not oonWmmale the sek due to circun,starx:es beyond Uatr contra. (d) The partlN rWree Ntat `~tewart Tlae Company shell provide pile policy and prepminary report a eommilment ' erd ~ .payp >~Y' Id y Nye ~g~Ndn ellfp be . i.'.. i:t Y t . n a brp-term escrow ~ eabctlon is Invaved, then the escrow 3:.TOTA PUP^uw~e setts re W. n ~ )Tnn: r.~. "'h,-ttte;arl:: any n0 Dollars DDLLARS(s ~"b6, ~bt3. fib I Payabl.astalowa:S800 000.00 (a) S ~ Cash down, including above Earnest Money (Cbeirp coals are adt)ilionaQ. (b) 5 Belated a lla purchase pried IM.I.P. rat kx:ttrded). 4. FINANCING. Thlx agresmsm b rwmN,pwa won ate Buyer Nowuw ~ w Imar,Ci,W: ^ FHA ^ VA, ^ Cam, ^ piA, O FrnHn, ^ Assumptwn d mu:ring karts). ^Olno,. (a) ^ NEW FWANCING. Purchase ben balerae as need a~°ve for a poriod OII1~$bare 1dL,(..:Y~ per a,mum. (N FHA or VA ban u suugh4 read the applicable provisia,s on Na revere tide hereolJ Buyer sh~aypp~aYY ra more thaalL~ Dolma pWs origination IN if any. Seller b pay or~lhe diaeounl points nocessary 1n order to obtain above described hlandrp but not b szaedl / a poinb. Any reduction in perms shall lira accna b the benefit of the: Buyer ^Seller ^ p~vded Equalty. (b) ^ ASSUNPTIQN. Buyer b ASSUME and ^ wiU or ^ will rat bo r aired to quaGly loran EXISTING LOAN(S) a approrcimaloly S n / a ' et ra more x wXh rranmly paymaras a epprozkrtatery S Irabdirw ^ P ^ I ^ T ^ 1. Thls.epre0mam. ^ ddei ^das not requke Larder b releaso Seller's kabipry. Typo a loan Buyer shMl apply for tuck ben or eswtnptbn withM three (3) banking days after SNlor'a acapbnee of this eprNlnenL n an apptabM b required under 8uyde IMleraing oonWtgerwy, premises must a wise at no less than purchase pda. 5. OTHER FINANCING, TERMS AND/OR CONDITIONS:SP~ ~dd~nd tm # i 6. SELLER'S RIGHT TO CONTINUE TO MARKET THE PREMISES AND ACCEPT OTHER O FERS. This agreement provides for the Seiler to '., conpmre b market Nte ptemlNS and adapt aher dare etrtyea b Royals right b waive or rerrave ltd topowirtg tantklgsrwlN. Arty waiver a removal of any contingency as ~ tat lorlh N Paregreptt e6 wE be a wpHer tM renaval 01 aN mnWlpendN in Paragraph N5. W^ Clog a n a a, a before n ~a paled.. ~ n a_ - Upon waMr~~leQaval a fide aniklperWy Buyer walrenb Ihel adequate lands noeded b dose wip De available and that Btryer's ability b obbin hnanemg is not corrdported upon Nk Ckuirtg a any properly. ..IF THIS • EMEI{Yl8 SUBJECT TO Sepals fight b continue b market Nw premisos and accept other onere es apedfied in Paragraph a5, Seller shall have the right to contattre. Rte herein premiNe for aw and b adapt on amp such Wne as said Cdrtdngeraies have been waived or removed by Sayer. Staukl Seller receive anoNter.. abt to pwdwse, Seiler chap gWe Buyal7~Cakndar days written notice a loch otter. In the event the Buyer does na waive or remove the . - COmktper~da WIbNg wWlin pw Nl Calendar days rated Have, Nlert ws Agreement shop be rerrrtineled and ail depoMb reWrrted b Buyer leas expenses incurred to date N Nte evem tlw Buyer dose waive or renew Ute eantirlgerlCios, Ua Buyp~hep proceed b purchase the premiNS order the rsmainktp bmta end txnditbnc a ptb agreaaeru nolwWabrtding that Uw arms a the new oiler may De more orte6~levorable. Nouce shag be considered given on Nts NAisr a Nther personal delivery of retie b tl»,Buyer q~,tl(Nf.lr~etNetiw or Ittro aNnder days bllowkw the date a rrtstl4tg edderaed by aNllaport a the patmsrk on fire ernstope rwnbimng such noNOa. Ail rlak:N chap be earn to Nw addresNS shown an tNs agraemanl. SP a Addendum 3# 1 ' 7. ITEMS. SPECIFICALLY INCLUDED IN THIS SALE Ip FHA ~ vA Ilnandrtg s sotrgm aN item e n on rewrN Bids) ' 8. ITEMS SPECIFICALLY EXCLUDED IN THIS SALE: ' It 9. COSTS PAID BY: Cab N additlon b tltae paled babes may be irtaured bY. B~ya4and Serer. Unbse tXherwlN agreed herein, a provided by few to required by • Mrdsr+,B.u..yer Mop purchaN SeMela reserve aoooteu N ban assumption. ^ YettAJ No Pumhaaels Extadsd Cowreoe TIW Palicv raouNted. Additional premium paid by . SN item s 20 on roverse side. n reglNebd by lender err ahelwiN shred herein, the bekwr costs will be paid as irdicated. Coate Lean WeN P1snpMepslN, CadeNePeq. ~'~er ~~~ Tax ~W LawTsrm eVCl 1 I;P Paid By APWMw AseuatpL InspeeL Sptle N aegtired Cods ponears ~~ Y Escrow ( BUYER WA ?( }; _ SELLER ifs EIARfWNII X 3. 3E 39 4C 5L St s, 53 5: 56 5' SE SC• 6C 6 s: 6= 6: 6E: C1xit a Mrlder a ads repaka na b exosed t r 10. CLOSING. qn Oelore Nte do~gyep Buyer all Seiler snap depak wilh u,e dosing sportey ail lords end klMrtsrtents nsaasary b complete the sale. The doekw dale shall 6t be ro lebr eun~I 1. 1 Y9 4 ' s: 11. POSSESSIION. Boyar shell be ertWled b poaessbn a dakw ^ other n 'Gloaalg' nleatra Nr dab on which d tttxXrrterae are eWter recorded a aocepbd by an estXOw agent and Nte eW proceeds are available b SeNer. Taxed all water essessmenu 7• ( bM avWWe aeeeeemerM as a wMc), raw, kxerest and reserves, liens. ertctntbrenas a oaipatbru aaetaned and rrtiYtles ehep be pro•raled u a ~; G:l08lnC~ ~ . Buyer Mratl pay br lad a tank, arnaus to be delennkted by the ~pller st ~Y a 7: 12. ACCEPTANCE. etyare deer N made tagsa b Ins atx:eplwta a swan on or bNae t2:00 o'clock midntgM a ~1oV erReeer ~ 19 9 3 ~, n Sepa doN tat atxxip Nde wilNn the time spedliedN~th7Te emke Earnest Morey Mvtil bs relurded a Buyer on danerW. 7: 1,3. TIMEISOFI~~~^~~O~~~S~1Z(iRFAsM eri'~sa 1111 Caldwell Ban::er Asper~r-~1-a1-1~-1~-r ~`. BY: 8 Seamy- B~~++e • MLS. "` (+~ ye Buyer Royale Address n' Royals Plane: Residerta Buskaa '1 gC. Sae attacttad ndum(e). ^ See attached Counter Offer(s) -• B; On tNa deb. NW. ttanby approve era accept ate sea sa Iorpt b Nw above agreement and agrN to carry ow ail me lemta ttarea en the pen d ua Seiler. s; baaMdpe a copy/a/~-_ds ~°B1A~ tiprted by bah parries. 8:. ,~„~, Prone: RN: Work: tk ~'~~tf~itia f l~e+C.~lteRti-r+'iL 2 ~ reeG a ~ ode City state rtp 5E Seiler' arv~rsw Sepals AddrNS: 5t, Serer' Data c~nr Stale rsreM.nere ~ B' A rtes Dopy W Nw kxaaatw apreanten. eprted br Nre sder and oomaktkq the Iup and Compkb lapel rtsecrtption a Nts prantieN, is heresy Waived on Ntis gr "r .1a E. Ewer. ~' Buyer' _ ~~BEFORE iIONINO. IF YOU MAVi ANY OUEBTIONB, CON8ULT YOUR ATT EY BEFORE BRiNINO. 3 ~ This,is an ADDENDUM to the Real Estate Purchase~Sale Agreement and Receipt for • 4 Earnest Money Dated: limrwmher ~ , 19 ~_ ID N 297239 ADDRESS' 4R7S lratink Rd ~}fwridian BUYER (S) Avenue Ona' and/or Aafti>_nees SELLER (S) Leonard and Nadine ABChenbrennex The undersigned Parties hereby agree as follows: r This Agrw wnt is contingent t~on• - 1 St yer ebta ning_zo g~ iMr°^~t•'d +•!JP Af Ctle DOOAOrtY. - ~) Aroroval of sewer and water to Bite _-_ 3) Obtaininlt Develovmant financing. 4) Annexation into Meridian City LimitB S) Preliminary Enttineerinlt Plat i~ ._~__~_~~ ~_~t...1~~ ..77 ..tr n..T,nA rn l+,nd - (i.e. structureB.. Bub SCILLCCLLraBs s 8 7 e ` 9 to 11 12 13 14 15 18 17 a ve from ro art at ~ e erB exposes. ~l Snraar to ,ggree to Tarticij-arw If}11 nYehanpe 28 171 j[~en acceptance of this agreement by 11 varties S5 000 00 note to be replaced ~ by nanh and bald in C H trust acceunC. t)pon 8C^@grn61^ T.ayel 1 EPA testinfi 29 [nn nr hwfera March ~ 1994)--fir^^^ ^n ti, t ed rn ur.ll,er and will be non+ls r+nn r fnndahlt+ - The herein agree nt, pon its e>atcution by both partios, is made an integrral part of the aforementioned Agreement. BUYER ~e--+.c~--.l ~• ~ c,~~~ BUYER ~ SELLER DATED: 't' ~~ ~ DATED: TIME: 1 y ' ~ T~`'~ D A.M. CS.P.M. TIME: D A.M. O P.M. This form h prlMad and dbhibuted by Urs Ado County Assotiatbn of REALTORS` . Th,s bran nas been desipnsd brand 4 provided only br use by real estate professionals Nesnssd by tM Idsho Real Eslste Commisabn who ere also nrombers of the Nstbnal Assoeielbn of REALTORS' . Uas by sny other person is prohibited. to Copyright A0e CeuraY Nsx4rbn ar REAUORS AR ngras rosened tflal ~~ 30 31 32 33 34 3S 38 37 38 40 41 42 43 4a as 48 47 48 Rl RwnnrdAtien of final F]at. 18 ~,) n„y.r hen tha right of inrre:x .end eyxeeis for Etl~inae=inY and testing ourndsaa. ig ~~_gyo.~r_,ag rn,~nnv fnr }.evel 1 +~PA •dtiug - 20. 4 • C O M M I T M E N T S C H E D II L E ORDER NIIMBER: ST-94046271 KS EFFECTIVE DATE: DECEMBER 30, 1993 at 7:30 a.m. 1. Policy or policies to be issued: A. ALTA Owaer's Policy, (10-17-92) A Amount of Insurance: $ 800,000.00 Rate: $ 2,315.00 Proposed Insured: AVENUE ONE B. ALTA Loan Policy, (10-17-92) Amount of Insurance: Rate: Proposed Insured: None Other coverages and/or charges: NONE In the event this transaction fails to Close and this Commitment is cancelled, a Cancellation fee in the amount of $100.00, will be charged to comply with the State Insurance Regulations. 2. The estate or interest in the laced described or referred to in the Commitment and covered herein is: FEE SIMPLE 3. Title is at the effective date vested in: LEONARD A. ASCHENBRENNER and FREDA NADINE ASCHENBRENNER, husband and wife 4. The laced referred to is this commitment is is the State of IDAHO, County of ADA, and is described as follows: Lot 2 in Section 3, Township 3 North, Range 1 West, of the Boise Meridian, in Ada County, Idaho, EXCEPT that portion thereof deeded to the Boise Valley Traction Company. Purported Address: -1- Commitment Schedule A } CONTINUATION OF C. .i~'MENT SCHEDULE B - SECT1 _d ~Z Order No.: ST-94046271 KS 10. Right-of-way for Rutledge Drain and the Rights of Access thereto for Maintenance of said drain. 11. Ditch, Road and exist over said 12. Lease, and the ' Lessor Lessee Recorded Instrument No. Public Utility Easements as the same may premises. Perms and Conditions thereof: LEONARD A. ASCHENBRENNER AND FREDA NADINE ASCHENBRENNER, HUSBAND AND WIFE STANDARD OIL COMPANY OF CALIFORNIA, A CORPORATION MAY 14, 1976 7618369 13. Easement, and the Terms and Conditions thereof: In Favor of IDAHO POWER COMPANY Purpose POWER LINE EASEMENT Recorded JUNE 1, 1982 Instrument No. 8223123 14. License Agreement, and the Terms and Conditions contained therein: Between NAMPA & MERIDIAN IRRIGATION DISTRICT and LEONARD ASCHENBRENNER AND NADINE ASCHENBRENNER, HUSBAND AND WIFE Recorded JULY 15, 1983 Instrument No. 8335665 Purpose ALTER OR MODIFY SAID DITCH OR CANAL, OR TO CHANGE THE LOCATION OF SAID DITCH OR CANAL IN ITS COURSE ACROSS THE LANDS 15. Easement, and the Terms and Conditions thereof: In Favor of NAMPA & MERIDIAN IRRIGATION DISTRICT Purpose IRRIGATION DISTRICT PURPOSES, MAINTENANCE AND REPAIR OF RUTLEDGE DRAIN Recorded JULY 15, 1983 Instrument No. 8335665 16. UNRECORDED LEASEHOLDS, IF ANY, AND THE RIGHTS OF VENDORS AND HOLDERS OF SECURITY INTERESTS IN PERSONAL PROPERTY OF TENANTS TO REMOVE SAID PERSONAL PROPERTY AT THE EXPIRATION OF THE TERM. 17. Right-of-way for BOISE VALLEY RAILWAY CO. as set for various document of record. END OF SCHEDULE B-SECTION 2 -2- Commitment Schedule B -Section 2 interoffice MEMORANDUM REcE~,D JUN 2 8 1999 CITY ()r, iYIEItIU1AN ~T a ~r~.r. ~,.. _ To: Shari Stiles From: Wm. F. Gigray, III Subject: STEINER DEVELOPMENT /DEVELOPMENT AGREEMENT Date: June 28, 1999 Shari: Please find attached a copy of the revised Development Agreement for your review. Please note that I have changed the language in section 5.1, eliminated 5.1.20 and eliminated the reference to "Previous 1997 Development Agreement, with conditions" contained in Exhibit "B" of the previous draft that was considered at the Council meeting on the 22nd of June. Please advise. cc: Mayor City Clerk msg/Z:\Worlc\M\Meridian 15360M\Dakota Plat\StilesMemo062899 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Steiner Development, L.LC. THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of , by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and STEINER DEVELOPMENT, L.L.C., hereinafter called "DEVELOPER", whose address is 554 Bellevue Rod, Suite B, Atwater, California 95301. 1. RECITALS: 1.1 WHEREAS, "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, 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. §67-651 lA, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the owner or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-2-416L and 11-2-417D, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Developer" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of Low Density Residential District (R-4), Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Developer" made representations at the public hearings both before the Meridian Planning ~ Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT - 1 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning ~ Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the day of , 199_, 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 "Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinance codified in Title 11, Municipal Code of the Citv of Meridian. DEVELOPMENT AGREEMENT - 2 NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER": means and refers to Steiner Development, L.L.C, whose address is 554 E. Bellevue Rd., Suite B, Atwater, California 95301, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Section 11-2-408 B 3. Meridian City Code which are herein specified as follows: (R-4) Lo~v Density Residential District: Only single-family dwellings shall be~permitted and no conditional uses shall be permitted except for Planned Residential Development and public schools. The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where DEVELOPMENT AGREEMENT - 3 predominately residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of the residential areas by prohibiting the intrusion of incompatible non-residential uses. The (R-4) District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 "Developer" shall develop the "Property" in accordance with the following special conditions, which conditions have been taken from the Findings of Fact and Conclusions of Law approved in 1994, and which are attached hereto as Exhibit "B": 5.1.1 That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, Section 11-9-605 M., which pertains to the tiling of ditches and water ways, and Section 11-9-606 B 14, which pertains to pressurized irrigation; that the Applicant will be required to connect to Meridian water and sewer; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition_ of annexation the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G, H 2, K, L and prior comments of the previous Planning Director, Wayne Forrey, relating to the lack of adequate recreation facilities and that land set aside for a future park would be desirable, that the City is in DEVELOPMENT AGREEMENT - 4 need of land set-asides for future public service use, that a school site was not reserved; that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any development fee or transfer fee adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de- annexation and loss of City services, if the requirements of this paragraph are not met. 5.1.2 That the requirements of the Meridian City Engineer, including those he specifically stated in his comments and those stated herein in these Findings and Conclusions and at the public hearing, and of the Ada County Highway District, if submitted, Nampa ~ Meridian Irrigation District, Meridian Fire Department, Idaho Power, and the prior comments of the Meridian Planning Director referenced herein, shall be met and addressed in a development agreement. 5.1.3 That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de-annexation and if not so tiled the property shall be subject to de- annexation; that the Applicant shall be required to install a pressurized irrigation system, and if not so done the property shall be subject to de-annexation. 5.1.4 The Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G 1, H 2 , IC, L; DEVELOPMENT AGREEMENT - 5 that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any impact, development, or transfer fee, adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de- annexation and loss of City services, if the requirements of this paragraph are not met. 5.1.5 The house size representation of 1,500 square feet must be met. 5.1.6 That proper and adequate access to the property is available and will have to be maintained. 5.1.17That these conditions shall run with the land and bind the applicant and its assigns. 5.1.18 With compliance of the conditions contained herein, the annexation and zoning of R-4 Residential would be in the best interest of the City of Meridian. 5.1.19That if these conditions of approval are not met that property shall be subject to de-annexation. 6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer" or "Developer"'s heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of subject "Property" of this agreement within two (2) years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. DEVELOPMENT AGREEMENT - 6 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer" consents upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer" and if the "Developer" fails to cure 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 Development Agreement and all other ordinances of the "City" that apply to said Development. 9. DEFAULT: 9.1 In the event "Developer", "Developer"'s heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by "City" of any default by "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 "Developer"'s cost, and submit proof of such recording to "Developer", prior to the third reading of the Meridian Zoning Ordinance in DEVELOPMENT AGREEMENT - 7 connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer" 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 "Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 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 11-9-606 C of the Meridian City Code, to DEVELOPMENT AGREEMENT - 8 insure that installation of the improvements, which the "Developer" agrees to provide, if required by the "City". 14. CERTIFICATE OF OCCUPANCY: The "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That "Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPER: Steiner Development, L.L.C. 554 E. Bellevue Rd., Suite B Atwater, California 95301 with copy to: City Clerlc City of Meridian 33 E. Idaho Ave. 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. DEVELOPMENT AGREEMENT - 9 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "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 DEVELOPMENT AGREEMENT - 10 their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 21.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Cleric. DEVELOPMENT AGREEMENT - 11 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. BY: Developer Attest: BY RESOLUTION NO. CITY OF MERIDIAN BY: MAYOR ROBERT D. CORRIE Attest: CITY CLERK BY RESOLUTION NO. ev/Z:\WorlcWl\Meridian 15360M\Dalcota Plat\DevelopAgr DEVELOPMENT AGREEMENT - 12 STATE OF IDAHO) :ss COUNTY OF ADA) On this day of , in the year 1999, before me, a Notary Public, personally appeared known or identified to me to be the President and Secretary of said Steiner Corporation, L.L.C. and who executed the instrument and acknowledge to me that said Steiner Corporation, L.L.C. executed the same. (SEAL) STATE OF IDAHO ss County of Ada ) On this day of in the year before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Clerlc, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) Notary Public for Idaho Commission expires: Notary Public for Idaho Commission expires: DEVELOPMENT AGREEMENT - 13 EXHIBIT A Legal Description Of Property DEVELOPMENT AGREEMENT - 14 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of A~~roval DEVELOPMENT AGREEMENT - 15 MERIDIAN CITY COUNCIL MEETING: JUNE 22 1999 APPLICANT: STEINER DEVELOPMENT AGENDA ITEM NUMBER: 2 REQUEST: DEVELOPMENT AGREEMENT FOR DAKOTA RIDGE ESTATES AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS SEE ATTACHED SIGNED AGREEMENT BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ~ 7-- ~~ C, ~, I ~I },;_ DEVELOPMENT AGREEMENT '~ ~ °~ ~ i ~~~~ crTY of r-r~~l~lla.~~ PARTIES: 1. City of Meridian 2. Steiner Development, L.LC. THIS DEVELOPMENT AGREEMENT. (this "Agreement"), is made and entered into this day of , by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and STEINER DEVELOPMENT, L.L.C., hereinafter called "DEVELOPER", whose address is 554 Bellevue Rod, Suite B, Atwater, California 95301. 1. RECITALS: 1.1 WHEREAS, "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, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the owner or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-2-416L and 11-2-417D, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Developer" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of Low Density Residential District (R-4), Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT - 1 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning Sz Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the day of , 199_, 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 "Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinance codified in Title 11, Municipal Code of the City of Meridian. DEVELOPMENT AGREEMENT - 2 NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER": means and refers to Steiner Development, L.L.C, whose address is 554 E. Bellevue Rd., Suite B, Atwater, California 95301, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Section 11-2-408 B 3. Meridian City Code which are herein specified as follows: (R-4) Low Density Residential District: Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for Planned Residential Development and public schools. The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where DEVELOPMENT AGREEMENT - 3 predominately residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of the residential areas by prohibiting the intrusion of incompatible non-residential uses. The (R-4) District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 "Developer" shall develop the "Property" in accordance with the following special conditions, which conditions have been taken from the Findings of Fact and Conclusions of Law approved back in 1994, and which are attached hereto as Exhibit "B": 5.1.1 That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, Section 11-9-605 M., which pertains to the tiling of ditches and water ways, and Section 11-9-606 B 14, which pertains to pressurized irrigation; that the Applicant will be required to connect to Meridian water and sewer; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G, H 2, IC, L and prior comments of the previous Planning Director, Wayne Forrey, relating to the lack of adequate recreation facilities and that land set aside for a future park would be desirable, that the City is in DEVELOPMENT AGREEMENT - 4 need of land set-asides for future public service use, that a school site was not reserved; that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any development fee or transfer fee adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de- annexation and loss of City services, if the requirements of this paragraph are not met. 5.1.2 That the requirements of the Meridian City Engineer, including those he specifically stated in his comments and those stated herein in these Findings and Conclusions and at the public hearing, and of the Ada County Highway District, if submitted, Nampa & Meridian Irrigation District, Meridian Fire Department, Idaho Power, and the prior comments of the Meridian Planning Director referenced herein, shall be met and addressed in a development agreement. 5.1.3 That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de-annexation and if not so tiled the property shall be subject to de- annexation; that the Applicant shall be required to install a pressurized irrigation system, and if not so done the property shall be subject to de-annexation. 5.1.4 The Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G 1, H 2, IC, L; DEVELOPMENT AGREEMENT - 5 that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any impact, development, or transfer fee, adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de- annexation and loss of City services, if the requirements of this paragraph are not met. 5.1.5 The house size representation of 1,500 square feet must be met. 5.1.6 That proper and adequate access to the property is available and will have to be maintained. 5.1.17 That these conditions shall run with the land and bind the applicant and its assigns. 5.1.18 With compliance of the conditions contained herein, the annexation and zoning of R-4 Residential would be in the best interest of the City of Meridian. 5.1.19That if these conditions of approval are not met that property shall be subject to de-annexation. 5.1.20Additional conditions are attached hereto as Exhibit "B" pertaining to the previous Development Agreement drawn up in 1997, and specifically Sections 1. through 18., and which conditions apply to this development and the new "Developer". 6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer" or "Developer"'s heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of subject "Property" of this agreement within two (2) years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. DEVELOPMENT AGREEMENT - 6 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer" consents upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer" and if the "Developer" fails to cure 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 Development Agreement and all other ordinances of the "City" that apply to said Development. 9. DEFAULT: 9.1 In the event "Developer", "Developer"'s heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by "City" of any default by "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 "Developer"'s cost, and submit proof of such recording to "Developer", prior to the third reading of the Meridian Zoning Ordinance in DEVELOPMENT AGREEMENT - 7 connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer" 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 "Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 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 11-9-606 C of the Meridian City Code, to DEVELOPMENT AGREEMENT - 8 insure that installation of the improvements, which the "Developer" agrees to provide, if required by the "City". 14. CERTIFICATE OF OCCUPANCY: The "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That "Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPER: Steiner Development, L.L.C. 554 E. Bellevue Rd., Suite B Atwater, California 95301 with copy to: City Cleric City of Meridian 33 E. Idaho Ave. 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. DEVELOPMENT AGREEMENT - 9 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement. sets forth all promises, inducements, agreements, condition and understandings between "Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "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 DEVELOPMENT AGREEMENT - 10 their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 21.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT - 11 ACIQVOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. BY• ~ • Developer Attest: Y RESOL I NO. CITY OF MERIDIAN BY: MAYOR ROBERT D. CORRIE Attest: CITY CLERK BY RESOLUTION NO. ey/Z:\Work\M\Meridian 15360M\Dakota Plat\DevelopAgr DEVELOPMENT AGREEMENT - 12 STATE OF IDAHO) :ss COUNTY OF ADA) On this d y of , in the year 1999, before me, _ ~~!~ _~. ~a rotary Public, personally appeared -" ,known or identified to me to the Presid tan Secretary of said Steiner Corporation, L.L.C. and who executed the instrument and acknowledge to me that said Steiner Corporation, L.L.C. executed the same. ,~ (SEAL) Nota ublic for I aho Commission expires: //- ~/-~~~ STATE OF IDAHO :ss County of Ada ) On this day of in the year , before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, 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. (SEAL) Notary Public for Idaho Commission expires: EXHIBIT A DEVELOPMENT AGREEMENT - 13 EXHIBIT A Legal Description Of Pro~ert~ DEVELOPMENT AGREEMENT - 14 ~ -- . Commencing at the northwest corner of Government Lot 2 (north 1/4 comer) of Section 3, T. 3N., R. 1 W., B.M., thence S 0°27'37" W 25.00 feet to a point on the southerly right-of--way of Ustick Road, the REAL POINT OF BEGINNING of this description; Thence S 89°06'21" E 1,320.42 feet along said right-of--way to a point on the east line of said Government Lot 2; Thence S 0°26'04" W 1,342.08 feet to the southeast comer of said Government Lot 2; Thence N 89°01'50" W 771.04 feet along the south Iine of said lotto the southeast corner of a proposed school site: along the boundary of said proposed school site the following; Thence N 0°58'10" E 61.07 feet to a point; Thence N 0°00'00" E 347.7 feet to a point; Thence N I7°00'00" E 108.69 feet to a point; Thence N 0°53'39" E 254.00 feet to a point; Thence N '4°57'26" W 111.04 feet to a point; Thence N 47°00'00" W 339.34 feet to a point; Thence N 89°32'23" W 223.11 feet to a point on the west Iine of said Lot 2; Thence N 0°Z7'37" E 321.03 feet to the REAL POINT OF BEGINNING of this description, this proposed subdivision comprising 28.64 acres, more or less. EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY FOR DEVELOPMENT AGREEMENT EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval Previous 1997 Development Agreement, with the conditions DEVELOPMENT AGREEMENT - 15 ~~~~~ BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION AVENUE ONE ANNEXATION AND ZONING A PORTION OF THE NW 1/4 NE 1/~. SECTION 3 , T 3N. , R. 1W. ,_ B.M. DAKOTA RIDGE ESTATES MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on April 12, 1994, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing through David Roylance, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for April 12, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the April 12, 1994, hearing; that the public was given full opportunity to express commenis and submit evidence; and that copies of all notices were available to ne:aspaper, radio and television stations. 2. That the property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately 41.57 acres in size; the property is west of Ten Mile Road on Ustick Road. 3. That the property is presently zoned by Ada County as (RT) Rural Transition and the proposed use would be for R-4 Residential type developr,~....~~ t~:at the Applicant states in his Subdivision application that the lots would be 8,000 square feet, that there would be 135 lots in the proposed subdivision; that the Applicant in its subdivision application states that the minimum square footage of home would be 1,500 square feet, that there would be 3.25 lots per acre, that there would only be single family homes, that all lots would be 8,000 square feet, and that sprinkling systems are provided for. 4. The general area surrounding the property is used agriculturally and residentially; that the residential property is developed in the R-4, Residential fashion. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant is not the owner of record of the property, but the owners are Leonard A. Ashenbrenner and Nadine Ashenbrenner; that the Ashenbrenners have not submitted a request or consent to this Application for annexation and zoning. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 8. That the entirz parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area i:s defined in the Meridian Comprehensive Plan. 9. That the Application requests that the parcel be annexed and zoned R-4 Residential; that the present use of the property is for agriculture; that the intended development of the property is for an R-4 subdivision and the subdivision Application states the density would be approximately 3.25 dwelling units per acre. 10. The Applicant's representative addressed the questions of Gary Smith, City Engineer, and such responses are incorporated herein as if set forth in full as are the comments of Gary Smith. 11. That comments were received from the Meridian Police Department, Fire Department, Meridian School District, Ada County Street Name Committee, Central District Health Department, Nampa & Meridian Irrigation District, and Idaho Power Company; that there comments are incorporated herein as if set forth in full. 12. There were two people testifying at the hearing; Beverly McKay was concerned about the traffic on Ustic3c Road; Gary Johnson did not object but wanted it on the record that he has a family farm in the area and that from the farm there is dust and they apply sprays, which could be objectionable, and he just wanted the people to know that they did those types of things. 13. That the property is shown on the Meridian Comprehensive Plan as being in a Single Family Residential area. 14. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Areas, Section 6.3, it does state that land in agricultural activity should so remain in agricultural activity until urban ser-Jices can be provided. 15. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots. 16. That the property can be physically serviced with City water and sewer. 17. That the R-4, Residential District is described in the Zoning Ordinance, ' 1-2• ^.^^ ~ . 3 as follows: (R-4) LOW DENSITY RESIDENTIAL DISTRICT: The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan or the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non- residential uses. The (R-4) District allows for a maximum of four (4) dwellings units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian."; that the R-4 zoning district requires a minimum of 1,400 square feet to be included in houses in that zone. 18. That the Meridian Comprehensive Plan, under Land Use, Residential Policies, 2.1U states as follows: "Support a variety of residential categories (urban, rural, single-family, multi-family, townhouses, apartments, condominiums, etc. ) for the purpose of providing the City with a range of affordable housing opportunities." 19. That the Meridian Comprehensive Plan, under Land Use, Rural~Areas, 6.3 c., it states as follows: "Within the Urban Service Planning Area development may occur in densities as low as 3 dwellings per acre if physical connection is made to existing City of Meridian water and sewer service and the property is platted and subdivided . . ~~ 20. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.4, it states as follows: "Residential development is allowed in the rural area provided that said development does not exceed the Rural Residential Agricultural density, unless it is inside the Urban Ser-Jice Planning Area and City sewer and water is provided, then Low, Medium and High density residential may be considered. All residential development must also comply with the other appropriate sections of this plan." 21. That the Meridian Comprehensive Plan, under Housing, Housing Policies, at page 66, it states as follows: "1.1 The City of Meridian intends to provide for a wide dive~~ity of housing types (single-farc_ly, modular, mobile homes, multi-family, townhouses arrangements), ." "1.3 An open housing market for all persons, regardless of race, sex, age, religion or ethnic background." "1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged." 22. That there is a population influx into the City of Meridian at the present time which has been going on for some time and is likely to continue; that the land is relatively close to Meridian and economic conditions are making it difficult to continue farming in the area. 23. That the City Engineer has previously submitted comment in different applications that a determination of ground water level and subsurface soil conditions should be made; that such a comment is equally applicable to this Application. 24. That in prior requests for annexation and zoning in this area the previous Zoning Administrator has commented that annexation could be conditioned on a development agreement including an impact fee to help acquire a future school or park site to serve the area and that annexations should be subject to impact fees for park, police, and fire services as determined by the city and designated in an approved development agreement; that such comment is equally applicable to this Application. 25. The Meridian School District submitted comment and such is incorporated herein as if set forth in full; its comment was that there is no excess capacity in the schools of the District and that residents of the new subdivision could not be assured of attending the neighbonc~od schools; the School District asked for support for a development fee or a transfer few to help offset the costs of building additional schools. 26. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, se*aer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students. 27. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all residential lots in the City because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 28. That Section 11-9-b05 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 29. That Section 11-9-b05 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement." 30. That Section 11-9-505 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 31. That Section 11-9-605 R states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi- improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open spaces systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 32. That Section 11-9-605 L states as follows: Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Planning and Zoning Commission shall consider the Bicvcle-Pedest-ian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 33. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. CONCI,US I ONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing cf notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-a17 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. 3. That the Planning and Zoning Commission has judged this annexation and zoning application under Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. ghat all notice and hearing requircrn=nts set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. ~ " 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant, which is not the titled owner, and the annexation is not upon the initiation of the City of Meridian; that the annexation should be denied if the owner's request or consent to annexation and zoning is not filed with the City prior to the hearing before the City Planning and Zoning Commission. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The Citv of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, Section 11-9-605 M., which pertains to the tiling of ditches and water ways, and Section 11-9-606 B 14, which pertains to pressurized irrigaticn; that the Applicant will be required to connect to Meridian water and sewer; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L and prior comments of the previous Planning Director, Wayne Forrey, relating to the lack of adequate recreation facilities and that land set aside for a future park would be desirable, that the City is in need of land set- asides for future public service use, that a school site was not reserved;~that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any development fee or transfer fee adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de-annexation and loss of City services, if the requirements of this paragraph are not met. 10. That the Applicant's property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. 11. That the regUirements of the Meridian City Engineer, including those he specifically stated in his comments and those stated herein in these Findings and Conclusions and at the public hearing, and of the Ada County Highway District, if submitted, Nampa & Meridian Irrigation District, Meridian Fire Department, Idaho Power, and the prior comments of the Meridian Planning Director references herein, shall be met and addressed in a develor ~_:_.,. ,. ~_.;i eeruent . 12. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled the property shall be ' subject to de-annexation;-that the Applicant shall be required to install a pressurized irrigation system, and if not so done the property shall be subject to de-annexation. 13. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation, the Applicant shall be require#d tD enter into a development agreement as authorized by 11-2-a16 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G 1, H 2, R, L; that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any impact, development, or transfer fee, adopted by the City; -that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de-annexation and loss of City services, if the requirements of this paragraph are not met. 14. That the house size representation of 1,500 square feet must be met. 15. That proper and adequate access to the property is available and will have to be maintained. 16. Ina:: L:.ese conditions shall run with the ].a.nd and bind the applicant and its assigns. 17. With compliance of the conditions contained herein, the annexation and zoning of R-4 Residential would be in the best interest of the City of Meridian. 18. That if these conditions of approval are not met the property shall be subject to de-annexation. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) VOTED~~~ VOTED VOTED ~-~-~ VOTED VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Planning and Zoning Commission of the City of Meridian that they approve the annexation and zoning as stated above for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the Applicant and owners be specifically required to the all ditches, canals and waterways and install a pressurized irrigation system as conditions of annexation, and that the Applicant meet all of the Ordinances of the City of Meridian, spec'..fically including the development time requirements and entez into the required development agreement, and that if the conditions are not met that the property b ed. MOTION: APPROVED: DISAPPROVED: L.! DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day of ; 1997, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party of the first part, hereinafter called the "CITY", and Max A. Boesiser. Inc. ,and Idaho Corporation, party of the second part, hereinafter called the "DEVELOPER", whose address is X447 S. Vista. Boise. Idaho 83705. WITNESSETH: WHEREAS, DEVELOPER is the sole owner, in law and/or e uity of a certain tract of land in the County of Ada, State of Idaho, described in E.Yhibit "A"~~~ch~~ttached hereto and by this reference incorporated herein as if set forth in full; and /1 WHEREAS, the State of Idaho legislature, in 1991, .passed Idaho Code, 67-6~ 11A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning of land; and WHEREAS, the CITY has passed two development agreement ordinances, one when land is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned, 11-2-417 D; and WHEREAS, an application for annexation and zoning of that certain property described in Exhibit "A" was submirted, requesting zoning of Low Density Residential District (R-41 and the DEVELOPER has submitted a subdivision final plat for said property; and WHEREAS, the DEVELOPER made some representations at the public hearing before the Meridian Planning and Zoning Commission as to how the land would be developed and what improvements would be made; and WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or rezoning of property; and WHEREAS, DEV-ELOPER deems it to be in its best interest to be able to enter into this agreement and acknowledges that this agreement was entered into voluntarily and at its urging and request; and V WHEREAS, a request was made to the CITY to have the same annexed to said CITY, or rezoned, and the DEVELOPER has submirted to the CITY a Plat thereof which has been approved for annexation by the CITY and as part of the annexation or rezone the CITY adopted and approved Findings of Fact and Conclusions of Law: and. WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and 970210\deve!-air DAKOTA RIDGE SliBDIVISION DEVELOPMENT AGREEMENT Paae 1 WHEREAS, the said City Council in the Findings of Fact and Conclusions of Law annexed or rezoned the property subject to de-annexation if the DEVELOPER did not enter into a Development Agreement. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: DEVELOPER agrees, and hereby binds his, its, or their heirs, successors and assigns to this agreement, in consideration for the annexation, rezone, or the non-de-annexation of the area, as follows: That the above recitals are contractual and binding and are incorporated herein as if set forth in full, and the terms of this agreement cannot be altered, changed or modified without the express written consent of the CITY. 2. That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit "A": a. Submit a subdivision plat application of the property to the CITY to be approved by the CITY and recorded in the Ada County Recorder" office prior to any development. b. That the property zoned R-4 ,described in "Exhibit A", shall have lot sizes of at least Eight Thousand (8.000) square feet, which is the size represented at the City hearings, and shall meet all of the requirements of the R-s zone and have no duplex units, townhouses, or patio homes constructed on said property. c. That there shall be no change to increase the number of lots or reduce the size of lots as shown in the preliminary plat by the DEVELOPER and approved by the City, which is incorporated herein as if set forth in full herein. 3. That DEVELOPER will file or cause to be filed with the City Engineer, a complete set of "Subdivision Improvement Plans" (Improvement Plans") showing all streets. utilities, pressurized irrigation facilities, fire hydrants, extensions of water lines to and along the exterior boundary of such property, landscaping, drainage, street and other similar signing and barricades, and other such improvements contemplated tivithin the development, which Improvement Plans and all improvements shown thereon shall meet the approval of the City Engineer. Said Improvement Plans are incorporated herein and made a part hereof by reference. ~. That DEVELOPER will, at his or their own expense, construct and install all sanitary sewers. storm drains, pumping stations, water mains and appurtenances, 970210\deve!-agr DAKOTA RIDGE SUBDIVISION DEVELOP?vIENT AGREEMENT page a 5~`~ ~'~~ r~ fire hydrants, curbs and gutters, pressurized irrigation system, electrical transmission lines, natural gas lines, telephone lines, sidewalks, cross drains, street, street surfacing, street signs, and bamcades as well as any and all other improvements shown on the Improvement Plans as reviewed and approved by the CITY. DEVELOPER agrees that no Certificates of Occupancy will be issued for any building or use on a lot until all improvements have been installed, completed and accepted by the CITY for any phase. ~. That DEVELOPER will construct and install all such improvements in strict accordance with the filed and approved plat and Improvement Plans, and the City Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the time the construction of said improvements is accomplished. 6. That DEVELOPER will provide the City Engineer with at least fifteen (1~) days advance written notification of when and of what improvements he intends to complete and the time schedule therefor; and. agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the City Engineer. 7. That DEVELOPER will have "corrected" original drawings of the Improvement Plans of all said improvements prepared by a Registered Professional Engineer and will provide the CITY with said Plans or a duplicate mylar copy of said Plans. The Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location (both horizontally and vertically) of the various water and sewer lines, all utility lines, and pressurized irrigation lines and their individual building service lines, the curb and gutter alignment and grades, etc. The "corrected" Subdivision Improvement Plans shall include a "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans of the various improvements are true and correct 8. That DEVELOPER shall, immediately upon the completion of each of the two phases of said development, notify the City Engineer and request his inspection and written acceptance of such completed improvements or portion thereof. 9. That DEVELOPER agrees, that upon a Finding by the City Council, duly entered in the official minutes of the proceedings of the City Council. that a portion, or portions. or the entirety of said improvements need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the CITY, the DEVELOPER will, within a reasonable time as determined by the CITY. construct said needed improvements, or, if he does not so construct within a reasonable time after written notification of such Council action. and the CITY thereafter determi~ies to construct, and does construct such improvement, or improvements, the DEVELOPER will pay to the CITY the actual costs paid or 970210\devel-asr DAKOTA RIDGE SliBDIVISION DEVELOPMENT AGREEMENT Paae 3 incurred by the CITY for such improvements so constructed by the CITY, plus interest thereon at an annual interest rate equal to the prime interest rate of First Security Bank of Idaho l~us five percent (5.0%) until paid. said payment to be made in such manner and under such terms as the CITY shall order after conference with the DEVELOPER. Provided, however, the City Council shall not make the Finding set forth in this paragraph except at a regular or special meeting of the City Council, duly held, and unless the DEVELOPER has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be present in person or by counsel, and to be heard on the merits of the proposed Finding. 10. That DEVELOPER agrees that upon his, its, or their having received wrirten notification from the City Engineer, that any of the requirements herein specified have not been complied with, that the CITY shall have the right to withhold the issuance of any Certificates of OCCllI)anCV within such phase and/or shall have the right to withhold the providing of culinary water service to any pan, parcel, or portion of such annexed area until such time as all requirements specifed herein have been complied with: provided, however, the DEVELOPER shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its decision shall be final, e:ccept that the rights of the parries are preserved at law and equity including, but not limited to, the right of appeal to a court of appeal to a court of competent jurisdiction. 11. DEVELOPER agrees that, in the event any of the improvements required herein are not timely installed, the CITY may, at its sole option, install the improvements and declare the entire cost of said improvements to be immediately due and payable and may seek to collect such sums in the manner provided by law, or may pursue any other remedy set forth herein or as may be available in law or equity. . In the event of such declaration, all sums due shall bear interest at the ,prime interest rate of First Security Bank of Idaho, plus five percent (5%) per annum, until paid. 12. That DEVELOPER agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement. to secure the installation of all improvements including, but not limited to, sewer, water, imgation and drainage piping, pressurized imgation system, landscaping and berming, and fencing. In the event of DEVELOPER'S failure to complete such installation, the CITY may install such improvements and, without notice. foreclose this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the StatE of Idaho: provided fur~her that upon request of the DEVELOPER. the CITY will execute and deliver a partial release of the lien created herein against all or any portion of 970? 10\devel-aor DAKOTA RIDGE SUBDIVISION DEVELOPMENT AGREEV[ENT Page ~ the subject land, upon completion of that portion of the total improvements installed which relates to the percentage of improvements that have been installed as compared to the total amount of improvements. 13. The CITY further agrees that, upon request of DEVELOPER, the CITY will, by written agreement, subordinate the lien created hereby, to any mortgage, deed of trust, or other security device required to secure the payment of any loan or advance made to DEVELOPER for the sole purpose of financing the construction of improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall first warrant and represent in writing that it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will take reasonable precautions usual and customary to the financing and lending industry to ensure that the loan proceeds or advances will not be used for any other purpose. 14. The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure the installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 15. That DEVELOPER agrees that as security for the construction by the DEVELOPER of the Project Improvements, the CITY shall require from the DEVELOPER irrevocable letter(s) of credit, cash deposit(s); certified check(s), or negotiable bond(s) as allowed under Section 11-9-606 C of the Revised and Compiled Ordinances of the City of Meridian, and the CITY shall have the right to withhold a building permit with respect to any lot within the propem until the same is provided by the DEVELOPER. Said improvements shall include, but not be limited to, sewer, water, curb, gutter and sidewalks, irrigation and drainage piping, pressurized irrigation system, landscaping and berming, and fencing. 16. That DEVELOPER agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in Exhibit "B" attached hereto and by this reference made a part hereof; and agrees to construct a perimeter fence around construction areas to contain debris prior to any construction, except where roadways and streets for access are located and except where the CITY has agreed in writing that such fencing is not necessary. 17. That DEVELOPER agrees that those portions of the water main, as identified in Exhibit "B" hereto. including any water line extensions, increased line size or capacity, are required because of future service needs originating from propenies not owned by DEVELOPER and located within the vicinity of the subject deve'opment; that sound planning requires construction thereof at the present time in order to accommodate future expansion and development. In recognition of the cost savings which can be accomplished by construction of such excess capacity 970210\devel-asr DAKOTA RIDGE SUBDIVISION DEVELOPMENT AGREEMENT Page and/or improvements separately or at a later time, DEVELOPER agrees to design and construct such facilities subject to the CITY's agreement to enter into a late comers agreement to reimburse DEVELOPER for a portion of the costs of such excess capacity. DEVELOPER agrees to obtain three independent bona fide bids for the performance of such work from qualified and responsible contractors and shall deliver copies of such bids to the CITY prior to the commencement of such work. Such bids shall be solicited and itemized in a manner which allows clear and specific identification of that portion of the construction work for which the CITY may possibly agree to enter into a late comers agreement. The CITY's obligation to enter into a late comers agreement to help DEVELOPER to pay for such costs shall be limited to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER to perform the work. 18. That DEVELOPER agrees that no Certificates of OCCUDanCV will be issued until all improvements are completed, unless the CITY and the DEVELOPER have entered into an addendum agreement stating when the improvements will be completed in a phased development; in any event, no Certificates of Occunancv shall be issued in any phase in which the improvements have not been installed, completed. and accepted by the CITY. 19. That DEVELOPER agrees that any notice required by this Agreement shall be deemed delivered if and when personally delivered or deposited in the United States mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY of Meridian: DEVELOPER: CityE~tgir~~r G~~ ~- Max A. Boesiser. Inc. City of Meridian 2447 S. Vista Avenue 33 East Idaho Boise. Idaho 83705 Meridian, ID 83642 With copy to: Wayne G. Crookston, Jr. 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. The parties may at any time hereafter modify or amend this Agreement by a subsequent wrirten agreement executed by the parties. This .=agreement shall not. however, be chanted orally, nor shall it be deemed modified in anv wav by the act of anv of the parties hereto. Nothing herein is intended. nor shall it be construed. as obligating a parry to agree to any modification of this Agreement. 970210\deve:-air DAKOTA RIDGE SUBDIVISION DEVELOP?v1ENT AGREEMENT Page 6 20. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 21. All covenants and conditions set forth herein shall be appurtenant to and run with the land and shall be binding upon DEVELOPER'S heirs. successors or assigns. 22. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 23. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the CITY of Meridian, and the Comprehensive Plan of the City of Meridian which was approved and adopted on January 4, 1994. 970210\devel-aor DAKOTA RIDGE SUBDIVISION DEVELOPMENT AGREEMENT Paae 7 DATED the date, month and year first appearing. DEVELOPER: By Max A. Boesieer. Inc. By Richard Boesiger CITY OF MERIDIAN: By Roben D. Corrie, Mayor By William G. Berg, Jr., City Clerk 970210\devel-asr DAKOTA RIDGE SUBDIVISION DEVELOPMENT AGREEMENT ~ page g STATE OF IDAHO ) County of Ada) ss. On this day of , 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared Richard Boesiser ,known, or proved to me, to be the President and Secretary of said corporation that executed this instrument and the persons who executed the said instrument on behalf of said corporation, 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 in this certificate first above written. (SEAL) STATE OF IDAHO ) County of Ada) Notary Public for Idaho Residing at: My Commission Expires: ss. On this day of , 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, ~R.:, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian 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 Idaho Residing at: My Commission Expires: 970? 10\devel-air DAKOTA RIDGE SUBDIVISION DEVELOPMENT AGREEMENT Page 9 EXHIBIT "A" TO THE DEVELOPMENT AGREE.l~1ENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND MAX. A. BOESIGER. INC. Commencing at the northwest corner of Government Lot 2 (north 1/4 corner) of Section 3, T. 3N., R. 1 W., B.M., thence S 0°27'37" W 25.00 feet to a point on the southerly right-of--way of Ustick Road, the REAL POINT OF BEGINNING of this description; y Thence S 89°06'21" E 1,320.42 feet along said right-of--way to a point on the east line of said Government Lot 2; Thence S 0°26'04" W 1,342.08 feet to the southeast corner of said Government Lot 2; Thence N 89°01'50" W 771.04 feet along the south line of said lot to the southeast comer of a proposed school site: along the boundary of said proposed school site. the following; Thence N 0°58'10" E 61.07 feet to a point; Thence N 0°00'00" E 347.7 feet to a point; Thence N 17°00'00" E 108.69 feet to a point; Thence N 0°53'39" E 254.00 feet to a point; Thence N 74°57'26" W 111.04 feet to a point; Thence N 47°00'00" W 339.34 feet to a point; Thence N 89°32'23" W 223.11 feet to a point on the west line of said Lot 2; Thence N 0°27'37" E 321.03 feet to the REAL POINT OF BEGINNING of this description. this proposed subdivision comprising ?8.64 acres, more or less. EXHIBIT "A" 9 ~ 02 i o DAKOTA RIDGE SUBDIVISION DEVELOPMENT AGREEMENT Page 1 of 1 EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND MAX. A. BOESIGER. INC. This subdivision is for 90 Single-Family dwelling units with an overall density of 3.15 dwelling units per acre. The DEVELOPER shall: DEVELOPER shall develop the property described in E.~chibit "A" as a 90 lot Single Family Residential Development pursuant to §11-9-b07 of the Meridian Zoning and Department Ordinance. 2. DEVELOPER agrees to comply with the requirements of the Meridian Police Department, Meridian Fire Department, Meridian City Engineer, Meridian Planning Director, Ada County Highway District (hereinafter "ACRD"), Central District Health Department and the Nampa-Meridian Irrigation District. 3. DEVELOPER covenants and agrees that, in connection with the development of the Subject Property as may be approved by the CITY pursuant to the Preliminary Plat Application filed by DEVELOPER, DEVELOPER shall, at its cost and e:cpense, do and perform the following: a. Landscaping -Ustick Road. Construct a landscape strip within the Subject Property along the full length of the Subject Property adjacent to the south right- of-way line of Ustick Road ("Ustick Road Landscaping"), except for the driveway access. The Ustick Road Landscaping shall be a minimum of twenty feet (20') in width beyond required ACRD right-of--way. The Ustick Road Landscaping will be landscaped and sprinkler irrigated in accordance with a landscape plan to be submitted by DEVELOPER and approved by the CITY. b. Sidewalk -Ustick Road. Prior to obtaining a building permit on the Subject Property, deposit funds with the Ada County Highway District for construction of 1' a five-foot (5') concrete sidewalk or construct along the full length of the Subject Property adjacent to the north boundary of the Subject Property )"Ustick Road"). The Ustick Road Sidewalk shall be constructed in accordance with the standards and specifications of the Ada County Highway District (hereafter "ACRD") in effect at the time of construction. c. Dedication/Sale of Additional Right-of-Wav -Ustick Road. Dedicate or sell land adjacent to the existing south right-of--way line of Ustick Road required to meet ACHD's requrement for a fpm-fve-foot (45~) right-of-way from the .:enterline of Ustick Road, including any necessary bike lanes. E.YHIBIT "B" 902 i o DAKOTA RIDGE SUBDIVISION DEVELOPMENT AGREEMENT Page 1 of 2 d. Internal Roads. Construct the internal roads through the Subject Property as shown on the final plat at the time of development of the Subject Property. The roads shall be in the location and of the dimensions shown on the approved plat and as approved by Ada County Highway District. e. Subdivision Plat(sl. DEVELOPER shall timely prepare, submit, and obtain the required approval by the CITY of a subdivision plat for the Subject Property, said plat to be in conformity with the requirements of the Ordinances of the City of Meridian and State Code. f. Plan Approvals. Timely submit and obtain the required approval by the City of all building plans, lighting plans, landscaping plans, acid other plans relating to the development of the Subject Property in accordance with the Meridian City Ordinances. g. Compliance with ACHD Conditions of Approval. In the development of the Subject Property, comply with the terms and conditions of the approval by ACHD of the development of the Subject Property, as set forth in the ACHD Staff Report. In cases where ACHD's and the CITY's conditions of approval conflict, the conditions which are more restrictive shall take precedence. h. Canals. Ditches and Waterwavs. Tile all canals, ditches and other waterways on the Subject Property and submit evidence of appropriate approvals from the imgation district and/or downstream water users. i. Water and Sewer Service. Connect all water and sewer facilities within the Subject Property to the municipal water and sewer service of the City of Meridian. All water and sewer facilities constructed or installed by DEVELOPER on the Subject Property shall be in accordance with plans and specifications therefor which shall be first approved by the CITY. Landscaping -General. Construct and install all landscape areas, as shown on plans to be submitted and approved by the CITY, with sod and sprinkler imgation system. All shrubs and trees planted on the Subject Property will comply with the CITY's landscape requirements, unless otherwise expressly approved by the CITY. 4. Lighting. All lighting will be designed in accordance with Meridian Ordinance Section Z-414.D.3 and approved by the Meridian City Engineer. No glare or illumination of adjacent properties, as determined by the CITY, will be permitted. EXHIBIT "B" 90210 DAKOTA RIDGE SUBDIVISION DEVELOPMENT AGREEMENT Page ? of 5. Maintenance of Landscaping. All landscaping referenced in this agreement shall be perpetually maintained in a neat, aesthetically pleasing and workmanlike manner by the DEVELOPER or the Dakota Ridge Home Owners Association. 6. Pressurized Irrigation. Provide pressurized irrigation to all lots within this subdivision. Evidence of approvals .from appropriate irrigation District/canal Company and downstream water users must be submitted to the City. 7. Fencing. Perimeter fencing (required prior to obtaining building permits). Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet all Ordinances of the CITY. EXHIBIT "B" 902 i o DAKOTA RIDGE SUBDIVISION DEVELOPMENT AGREEMENT Page 3 of 2 EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND MAX. A. BOESIGER. INC. This subdivision is for 90 Single-Family dwelling units with an overall density of 3.1 ~ dwelling units per acre. The DEVELOPER shall: 1. DEVELOPER shall develop the property described in Exhibit "A" as a 90 lot Single Family Residential Development pursuant to §11-9-607 of the Meridian Zoning and Department Ordinance. 2. DEVELOPER agrees to comply with the requirements of the Meridian Police Department, Meridian Fire Department, Meridian Ciry Engineer, Meridian Planning Director, Ada County Highway District (hereinafter "ACRD"), Central District Health Department and the Nampa-Meridian Irrigation District. 3. DEVELOPER covenants and agrees that, in connection with the development of the Subject Property as may be approved by the CITY pursuant to the Preliminary Plat Application filed by DEVELOPER, DEVELOPER shall, at its cost and expense, do and perform the following: a. Landsca~inQ -Ustick Road. Construct a landscape strip within the Subject Propem along the full length of the Subject Property adjacent to the south right- of-way Line of Ustick Road ("Ustick Road Landscaping"), except for the driveway access. The Ustick Road Landscaping shall be a minimum of twenty feet (20') in width beyond required ACRD right-of--way. The Ustick Road Landscaping will be landscaped and sprinkler irrigated in accordance with a landscape plan to be submitted by DEVELOPER and approved by the CITY. b. Sidewalk -Ustick Road. Prior to obtaining a building permit on .the Subject Property, deposit funds with the Ada County Highway District for construction of 1~ a five-foot (5') concrete sidewalk or construct along the full length of the Subjec Property adjacent to the north boundary of the Subject Property )"Ustick Road"). The Ustick Road Sidewalk shall be constructed in accordance with the standards ______ ~ and specifications of the Ada County Highway District (hereafter "ACRD") in effect at the time of construction. c. Dedication/Sale of Additional Rieht-of-Way -Ustick Road. Dedicate or sell land adjacent to the existing south right-of--way line of Ustick Road required to meet ACHD's requirement for a forty-five-foot (45') right-of-way from the .:enteriine of Ustick Road, including any necessary bike lanes. EXHIBIT "B" 970? i o DAKOTA RIDGE SUBDIVISION DEVELOPMENT AGREEMENT Paae 1 of .,< g. d. Internal Roads. Construct the internal roads through the Subject Property as shown on the final plat at the time of development of the Subject Property. The roads shall be in the location and of the dimensions shown on the approved plat and as approved by Ada County Highway District. e. Subdivision Plat(sl. DEVELOPER shall timely prepare, submit, and obtain the required approval by the CITY of a subdivision plat for the Subject Property, said plat to be in conformity with the requirements of the Ordinances of the City of Meridian and State Code. f. Plan ADDrovals. Timely submit and obtain the required approval by the Ciry of all building plans, lighting plans, landscaping plans, grid other plans relating to the development of the Subject Property in accordance with the Meridian Cirv Ordinances. g Com~Iiance with ACHD Conditions of A~~roval. In the development of the Subject Property, comply with the terms and conditions of the approval by ACRD of the development of the Subject Property, as set forth in the ACHD Staff Report. In cases where ACHD's and the CITY's conditions of approval conflict, the conditions which are more restrictive shall take precedence. h. Canals. Ditches and Waterways. Tile all canals, ditches and other waterways on the Subject Property and submit evidence of appropriate approvals from the irrigation district and/or downstream water users. i. Water and Sewer Service. Connect all water and sewer facilities within the Subject Property to the municipal water and sewer service of the Citv of Meridian. All water and sewer facilities constructed or installed by DEVELOPER on the Subject Property shall be in accordance with plans and specifications therefor which shall be frst approved by the CITY. j. Landscanin~ -General. Construct and install all landscape areas, as shown on plans to be submitted and approved by the CITY, with sod and sprinkler irrigation system. All shrubs and trees planted on the Subject Property will comply with the CITY's landscape requirements, unless otherwise expressly approved by the CITY. 4. Liahtine. All lighting will be designed in accordance with Meridian Ordinance Section 2--~14.D.3 and approved by the Meridian City Engineer. No Aare or illumination of adjacent properties. as determined by the CITY, will be permitted. EXHIBIT "B" 970210 DAKOTA RIDGE SUBDIVISION DEVELOPMENT AGREEMENT Page 2 of ~ f ~. Maintenance of Landscani~. All landscaping referenced in this agreement shall be perpetually maintained in a neat, aesthetically pleasing and workmanlike manner by the DEVELOPER or the Dakota Ridge Home Owners Association. 6. Pressurized Irrigation. Provide pressurized irrigation to all lots within this subdivision. Evidence of approvals from appropriate irrigation District/canal Company and downstream water users must be submitted to the City. 7. Fencing. Perimeter fencing (required prior to obtaining building permits). 8. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet all Ordinances of the CITY. EXHIBIT "B" 902 i o DAKOTA RIDGE SUBDIVISION DEVELOPMENT AGREEMENT Page 3 of 2 Bond No. 500388 .~ ~ ~i ~ T `~ ?,~ ~~ Premium ~~~-.#~~~~i MAY 1 0 1959 SUBDIVISION ~uN ~ ~ ~~~ PERFORMANCE BOND ~i'I'S' t)1 .ill rilll~ ~F ~~1~~~~~lT PI~~~~ ~ r`; ~, The Citv of Meridan (hereinafter designated as "Obligee") and Steiner Development, LLC (A Idaho LLC (hereinafter referred to as "Principal'') have entered into an Agreement dated, relating to the Improvements: Dakota Ride #1, whereby Principal agrees to install and complete certain public improvements. Said Agreement is hereby referred to and made a part hereof. Whereas Principal is required under the terms of the Agreement to furnish security for the faithful perforniance of the Agreement. This bond is given in compliance with and subject to all of the provisions of the Agreement relating to perforniance, and the provisions of Chapter ~ (Improvement Security) of the Subdivision Map Act (Government Code 66499 et sea.). Whereas Principal and Financial Pacific Insurance Company, a corporation organized and existing under the laws of the State of California and authorized to transact a surety business in the state of Idaho, as Surety, our heirs, executors, administrators, successors, and assigns, are hereby obligated jointly and severally to the Obligee in the amount of One Hundred Two Thousand Two Hundred Ninety Two and 30/100 (5102,292.30) lawful money of the United States. The condition of this obligation is such that if Principal, its heirs, executors, adnnistrators, successors or assigns, shall fully perform the covenants, conditions and agreements in the Agreement and any alteration thereof that may be made, at the time and in the manner thereni specified, and indemnify and save harmless the City, it officers, agents and employees as therein stipulated then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and ui addition to the face aniount specified, there shall be uicluded all reasonable costs and fees, including reasonable attorney's fees, incurred by the Obligee in successfully enforcing the obligation, the amount to be fixed by the court. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. Principal and Surety hereby warrant that they have read the Agreement and know and understand it contents. This instrwnent has been duly executed by the Principal and Surety above named, on Apri130,1999. FINANCIAL PACIFIC INSURANCE COMPANY PO Box 292220, Sacramento, CA 9829 (~ ~ i, (Surety) By: ~\p.- W ..-~- J. Wolohan, Attorney-in-Fact STEINER DEVELOPMENT, LLC (A IDAHO LLC) (Principal) Bv• ~ ~~iu~, Subdperfcity.doc Boud No. S~00888 Preuiiwn included in performance bond SUBDIVISION LABOR AND MATERIALS BOND The City of Meridian (hereinafter designated as "Obligee") and Steiner Development, LLC (A Idaho LLC). (hereinafter referred to as "Principal") have entered into an Agreement dated, ,relating to Improvements: Dakota Ridge #1 whereby Principal agrees to install and complete certain public improvements. Said Agreement is hereby referred to and made a part hereof. Whereas Principal is required under the Agreement to furnish security for the claims to which reference is made in Title 1 ~ (commencing with section 3082) of Part ~ of Division 3 of the California Civil Code (hereinafter referred to as "the Statutes"). This bond is given in compliance with and is subject to all of the provisions of the Agreement relating to security for labor and materials, the provisions of Chapter ~ (Improvement Security) of the Subdivision Map Act (Govemm~ent Code 66499 et seq.). Whereas Principal and Financial Pacific Insurance Company, a corporation organized and existing under the laws of the State of California and authorized to transact a stvety business in the State of Idaho, as Surety, our heirs, executors, administrators, successors, and assigns, are hereby obligated jointly and severally to the City and all contractors, subcontractors, laborers, materiahnen and other persons employed in the perforniance of the Agreement and named in the Statutes in the sum of One Hundred Two Thousand Two Hundred Ninety Two and 30/100 (5102,292.30) lawful money of the United States. The condition of this obligation is such that if Principal or any of his or its subcontractors, or the heirs, executors, administrators, successors, or assigns of any, all or either of them, shall fail to pay any of the persons, companies or corporations, named in the Statutes, or amounts due wider the Unemployment Insurance Code with respect to work or labor perforned by any such claimant, or any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Principal and his subcontractors pursuant to section 18806 of the Revenue and Taxation Code, with respect to such work and labor, then Surety herein will pay for the same in aii amowit not to exceed the swn specified in this bond; otherwise, the above obligation shall be void. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims wider the Statutes, so as to give a right of action to them or their assigns in any suit brought upon this bond. As a part of the obligation secured hereby and in addition to the face amount specified, there shall be included all reasonable costs and fees, including reasonable attorney s fees, incurred by any claimant in successfully enforcing the obligation, the amount to be fixed by the court. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanyuig the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition to the terms of the Agreement or to the work or to the specifications. Principal and Surety hereby warrant that they have read the Agreement and know and widerstand its contents. This instrument has been duly executed by the Principal and Surety above named on April 30,1999 FINANCIAL PACIFIC INSURANCE COMPANY STEINER DEVELOPMENT, LLC PO Box 292220, Sacramento, CA 9829 (A IDAHO LLC) (Suuety) (Principal) Bv: Wolohan, Attoriey in fact BS. Shcmbondcity.doc } STATE OF CALIFORNIA }ss. COUNTY OF Merced } On May 6, 1999 ,before me, Tami Fournier , personally appeared Louis J. Steiner personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature ~ TAMI FOURNIER ~ p coMM.~~2~3~ss LIFORNIA C Q Q y A NOTARY PUBLIC- MERGED COUNTY () ' COMM. EXP. MARCH 21, 203 - (This area for official notarial seal) Title of Document Subdivision Performance Bond Date of Document April 30, 1999 No. of Pages 1 Other signatures not acknowledged 3008 (1/94) (General) First American Title Insurance Company 's AMERI 4~ ~ C .~ ~9 STATE OF CALIFORNIA COUNTY OF PLACER On this 30`" )ss. day of April 19 99 1 before me Andrae McClain, a Notary Public in and for the State of California, personally appeared J. Wolohan personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature T t~.~k ~ ANDRAE MC CLAIN ~ ~ COMM. #1193392 -~ ~ ~ x ~,~ NOTARY PUBLIC • CALIFORNIA ~~., PLACER COUNTY qc :on"~ his' ~'^mm. Expir?s Rug. 15, 2002 STATE OF CALIFORNIA COUNTY OF PLACER On this 30th )ss. day of April 19 99 1 before me Andrae McClain, a Notary Public in and for the State of California, personally appeared J. Wolohan personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature y eJ^~ ANDRAE MC CLAIN m . ~ COMM. #1193392 -~ ~ x. ~ t_ - ~ NOTARY PUBLIC -CALIFORNIA ,... PLACER COUNTY "t''~~""~ Ms' ~~mm. Expir?s Aug. 15, 2002 STATE OF CALIFORNIA }ss. COUNTY OF Merced } On May 6,1999 ,before me, Tami Fournier , personally appeared Louis_J. Steiner personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. o \ Signature TAMI FOURNIER COMM. # 1213755 NOTARY PUBLIC-CALIFORNIA MERCEDCOUNTY (i COMM. EXP. MARCH 21, 2003 ~ (This area for official notarial seal) Title of Document Subdivision Labor and Materials Bond Date of Document April 30, 1999 No. of Pages 1 Other signatures not acknowledged 3008 (1/94) (General) First American Title Insurance Company ~ 'P'~ M E R I ~. ~ C~ BOND NUMBER PRINCIPAL LIMITED POWER OF ATTORNEY Financial Pacific Insurance Company POWER NUMBER 0 5 0 0 8 8 8 5500888 Steiner Development, LLC (A Idaho LLC) PENAL suM $102,292.30 KNOW ALL MEN BY THESE PRESENTS, that Financial Pacific Insurance Company, a California corporation (the "Company"), does hereby make, constitute and appoint: J. Wolohan its true and lawful Attorneys-in-Fact, with limited power and authority for and on behalf of the Company as surety, to execute, deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings, recognizances or other written obligations to the nature thereof as follows: Bid, Performance, Payment, Subdivision and Miscellaneous Bonds up to $3,000,000 and to bind the Company thereby. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Financial Pacific Insurance Company at_the meeting dulyheld July 6, 1995, which are now in fiill force and effect: RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney-in-fact or agent and revoke any power of attorney previously granted such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company when signed and sealed (if a seal be required) by one or more attorneys-in-fact pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the si nature of any authorized officer and the seal of the Company may be. affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; any such signature and seal when so used shall have the same force and effect as though. manually affixed. IlV WITNESS WHEREOF, Financial Pacific Insurance Company has caused these presents to be signed by its proper, officers, and its corporate seal to be hereunto affixed this 4th of June, 1997. 0~~~\G~F~G I NSUgq~;°, `~ QP; ~~PPOggT. c~%; ~•~ F`.. =~,'~ ~ULY2p ~';o ;~_ %a~ 1986 ,:~,~= '~. O ~P ' 2 Robert C. Goodell, President Robert T. Kingsley, Secre ry STATE OF CALIFORNIA, COUNTY OF PLACER On this 4th day of June, 1997, personally came before me Robert C. Goodell and Robert T. Kingsley, to me known to be the individuals and officers of Financial Pacific Insurance Company, who executed the above instrument,.. and they have acknowledged the execution of the same, and being by me duly sworn, did severally depose and say that they are the said officers of the corporation aforesaid and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instnunent by the authority of the Board of Directors of said corporation. ~ ~ ,~:E; . Colleen Prickett ~ '• Comm.#1078330 (~ ~~ S `" NOTARY PUBLIC • CALIFORNIA SACRAM n S ENTO COUNTY ~~ ~ IfORN~ - Tn Comm. Exp. Nov. 19, 1999 ~ , CERTIFICATE ~~..?.C.c~... ~~ l Colleen Prickett, Notary Public I, the undersigned Secretary of Financial Pacific Insurance Company, a California corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors set forth, and that the relevant provisions of the By-Laws of the Company, are now in full force and e t. th __ Signed and sealed at Rocklin, this 30 day of April 19 99 - ~ , ~~ Robert T. Kingsley, Secre ry F~~in~tn~'ia( F'~tcifir Insur.Ittce Ci~ntf7,.Irty ,e<tl nlusC ba ,afiixecl , MERIDIAN CITY COUNCIL MEETING: JULY 6, 1999 APPLICANT: STEINER DEVELOPMENT AGENDA ITEM NUMBER: 2 REQUEST: DEVELOPMENT AGREEMENT FOR DATA RIDGE C~STATES AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: SEE ATTACHED REVISED D/A MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Steiner Development, L.LC. THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of , by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and STEINER DEVELOPMENT, L.L.C., hereinafter called "DEVELOPER", whose address is 554 Bellevue Rod, Suite B, Atwater, California 95301. 1. RECITALS: 1.1 WHEREAS, "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, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the owner or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-2-416L and 11-2-417D, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Developer" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of Low Density Residential District (R-4), Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Developer" made representations at the public hearings both before the Meridian Planning &. Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT - 1 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the day of , 199_, 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 "Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinance codified in Title 11, Municipal Code of the City of Meridian. DEVELOPMENT AGREEMENT - 2 NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER": means and refers to Steiner Development, L.L.C, whose address is 554 E. Bellevue Rd., Suite B, Atwater, California 95301, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Section 11-2-408 B 3. Meridian City Code which are herein specified as follows: (R-4) Low Density Residential District: Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for Planned Residential Development and public schools. The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where DEVELOPMENT AGREEMENT - 3 predominately residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of the residential areas by prohibiting the intrusion of incompatible non-residential uses. The (R-4) District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 "Developer" shall develop the "Property" in accordance with the following special conditions, which conditions have been taken from the Findings of Fact and Conclusions of Law approved in 1994, and which are attached hereto as Exhibit "B": 5.1.1 That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, Section 11-9-605 M., which pertains to the tiling of ditches and water ways, and Section 11-9-606 B 14, which pertains to pressurized irrigation; that the Applicant will be required to connect to Meridian water and sewer; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G, H 2, IC, L and prior comments of the previous Planning Director, Wayne Forrey, relating to the lack of adequate recreation facilities and that land set aside for a future park would be desirable, that the City is in DEVELOPMENT AGREEMENT - 4 need of land set-asides for future public service use, that a school site was not reserved; that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any development fee or transfer fee adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de- annexation and loss of City services, if the requirements of this paragraph are not met. 5.1.2 That the requirements of the Meridian City Engineer, including those he specifically stated in his comments and those stated herein in these Findings and Conclusions and at the public hearing, and of the Ada County Highway District, if submitted, Nampa SL Meridian Irrigation District, Meridian Fire Department, Idaho Power, and the prior comments of the Meridian Planning Director referenced herein, shall be met and addressed in a development agreement. 5.1.3 That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de-annexation and if not so tiled the property shall be subject to de- annexation; that the Applicant shall be required to install a pressurized irrigation system, and if not so done the property shall be subject to de-annexation. 5.1.4 The Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G 1, H 2, IC, L; DEVELOPMENT AGREEMENT - 5 that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any impact, development, or transfer fee, adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de- annexation and loss of City services, if the requirements of this paragraph are not met. 5.1.5 The house size representation of 1,500 square feet must be met. 5.1.6 That proper and adequate access to the property is available and will have to be maintained. 5.1.17That these conditions shall run with the land and bind the applicant and its assigns. 5.1.18 With compliance of the conditions contained herein, the annexation and zoning of R-4 Residential would be in the best interest of the City of Meridian. 5.1.19That if these conditions of approval are not met that property shall be subject to de-annexation. 6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer" or "Developer"'s heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of subject "Property" of this agreement within two (2) years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. DEVELOPMENT AGREEMENT - 6 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer" consents upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer" and if the "Developer" fails to cure 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 Development Agreement and all other ordinances of the "City" that apply to said Development. 9. DEFAULT: 9.1 In the event "Developer", "Developer"'s heirs, successors, assigns, or subsequent owners of the. "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by "City" of any default by "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 "Developer"'s cost, and submit proof of such recording to "Developer", prior to the third reading of the Meridian Zoning Ordinance in DEVELOPMENT AGREEMENT - 7 connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer" 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 "Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFOn:MANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under 11-9-606 C of the Meridian City Code, to DEVELOPMENT AGREEMENT - 8 insure that installation of the improvements, which the "Developer" agrees to provide, if required by the "City". 14. CERTIFICATE OF OCCUPANCY: The "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That "Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPER: Steiner Development, L.L.C. 554 E. Bellevue Rd., Suite B Atwater, California 95301 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. 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. DEVELOPMENT AGREEMENT - 9 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "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 DEVELOPMENT AGREEMENT - 10 their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 21.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT - 11 ACIQVOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. BY: Developer Attest: BY RESOLUTION NO. CITY OF MERIDIAN BY: MAYOR ROBERT D. CORRIE Attest: CITY CLERK BY RESOLUTION NO. ey/Z:\WorldM\Meridian t 5360M\Dalcota Plat\DevelopAgr DEVELOPMENT AGREEMENT - 12 STATE OF IDAHO) :ss COUNTY OF ADA) On this day of , in the year 1999, before me, _ ~_ a Notary Public, personally appeared known or identified to me to be the President and Secretary of said Steiner Corporation, L.L.C. and who executed the instrument and acknowledge to me that said Steiner Corporation, L.L.C. executed the same. (SEAL) Notary Public for Idaho Commission expires: STATE OF IDAHO ) :ss County of Ada ) On this day of , in the year , before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, 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. (SEAL) Notary Public for Idaho Commission expires: DEVELOPMENT AGREEMENT - 13 EXHIBIT A Legal Description Of Property DEVELOPMENT AGREEMENT - 14 ~ -- - t ' Commencing at the northwest come: of Government Lot ? (north 1/4 comer) of Section ~, T. 3N., R IW., B.M., thence S 0°27'7" W 25.00 feet to a point on the southeriy right-of--way of Usticic Road.- the RF.ai. POINT OF BEGINNING of this description; inence S 89°06'21" E 1,320.42 feet along said right-of--way to a point on the east line of said Government Lot 2; Tneace S 0°26'04" W 1.342.08 feet to the southeast comer of said Government Lot 2; Thence N 89°01'50" W 771.04 feet along the south Iine of said lot to the southeast comer of a proposed school site: along the boundary of said proposed school site the following; Thence N 0°58'10" E 61.07 feet to a point; T'nence N 0°00'00" E 347.7 feet to a point; Thence N 17°00'00" E 108.69 feet to a point; Thence N 0°3'39" E 254.00 feet to a point; T'nence N 74°57'26" W 111.04 feet to a point; Thence N 47°00'00" W :,39..:4 feet to a point; Thence N 89°32'Z3" W 223.11 feet to a point on the west Line of said Lot 2; Thence N 0°ZT37" E 321.03 feet to the RE?.L POINT OF BEGINNING of this description, this proposed subaivision comprising 28.64 acres, more or less. EXHIBIT "A" LEGAL, DESCRIPTION OF PROPERTY FOR DEVELOPMENT AGREEMENT EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of A~~roval DEVELOPMENT AGREEMENT - 15 ~~~p~ BEFORE THE MERIDIAN PLANNING AND ZONING COM.t~iISSION AVENUE ONE ANNEXATION AND ZONING A PORTION OF THE NW _1/a NE I/4. SECTION 3. T. 3N.. R. 1W.. B.M. DAKOTA RIDGE ESTATES MERIDI_aN, IDAHO FINDINGS OF FACT AND CflNCI,USIONS OF LAW The above entitled annexation and zoning applicaticn having come on for consideration on April 12, 199x, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing through David Royiance, and having dul~r considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for tTao (2) consecutive weeks prior to the said publ i c hearing scheduled for April I2 , 199Q , the f i rst publication of which was fifie°n (15j days prior to said hearing; that the matter WnS cillly CCnSldered at the April 12, 199x, 1'le_ring; that the public was given ful 1 opDOrtun?t_r to esDr°ess ccmments and submit eV?denCe~ anC that COD1eS Of al! RCt~C°S wera ava_!able tO neTYspaDer, r di o and tele~r,sion sta~_ons. 2. That the prooertr included in she aDDlicat=cn for annexation anti zon~nQ ?s descr'bed in L+'le aDp11C3t.On, anC DV th1S reTerenc° is incorporated herein; that the property is aporoXimately 41.57 acres in size; the property is west or Ten Mile Road on Ustick Road. ?. That the property is presently zoned by Ada County as (RT) Rural Transition and the proposed use would be for R-s Residential type develooi.~..._~ ~ t~lat the Applicant states in '_7_s Subdivision application that the lots would be 5,000 square feet, that there would be I35 lOtS in the proposed subdivision; that the Applicant in its subdivision application states that the minimum square footage of home would be 1,500 square feet, that there would be 3.25 lots per acre, that there would only be single family homes, that all lots would be 8,000 square feet, and that sprinkling systems are provided for. 4. The general area surrounding the property is used agriculturally and residentially; that the residential property is developed in the R-4, Residential fashion. 5 . That the property i s ad-jacent and abutting to the present City limits. 6. The Applicant is not the owner of record of the property, but the owners are Leonard A. Ashenbrenner and Nadine Ashenbrenner; that the Ashenbrenners have not submitted a request or consent to this Application for annexation and zoning. 7. That the property included in the annexation and zoning aI7Ll! 1Cnt.On 1S 'A1t~71?1 the ?Sea OZ TmDcCt OZ the CiL"T O= Meridian. 8 . `ihat file ent.'~=S parC°1 Of QrOllnd ..S inCllldea :vzth? n the i~e_"~ Q1an Ur.oan SCE T1C° Planning t~ire3 aS the Uran ~Z'!'-T;C° Planning Area is defined in the ~er_di an Comprehe.^.s=~re Plan . 9. That the Apnl~cation requests that the parcel be annexed and zoned R-~ Residential; that the present use of the properiy is for agriculture; that the intended QeVelODmeni of the property is for an R-a subdivision and the subdivision ADDlication states the densit;r would be approx_mately 3.25 dwelling units per acre. 10 . The ADDlicant' s reoreser_tative addressed the trues iions of Gary Smith, City Engineer, and such responses are incorporated here i n as if set for ih i full as are the comments of Gary Smith. 11. That comments were received from the Meridian Polices Department, Fire Department, Meridian School District, Ada County Strest Name Committee, Central District Health Department, Nampa & Meridian Irrigation District, and Idaho Power Company; that there comments are incorporated herein as if set forth in full. I%. There were tat people tesii=ying at the hearing; Eeverly N!cRay was concerned about the traffic on Ustic?c Road; Gary Johnson did not object but wanted it on~ the record that he has a family farm i n the area and that from the far_n there i s dust and they apply sprays, which could be oi7jec±ionable, and he just wanted the people to know that then did those tlTpes oz things. 13. That the properiy is shown on the Meridian Comprehensive Plan as being in a Single Family Residential area. la. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Aseas, Section 6.3, it does st~t~ that land in aQr_C:1 ' tilral aC ~:~V~ ~;I S.'lou1Q So r?ma? n ' ?1 aQr=C:3! lure! aC ~~V1ty until urban S2r'T1ces car be provided. 1 ~ That P~±er? Q1an has , ana ' S , eVoer_encing a pODUlatj.On 1?1Cr=3S2; l:1at there a,= ~7r?SSi1rcS On ! anQ previ cusljT uSc^r fOr agricultural uses to be developed into residential subdivision lots. i6. That the property can be physically ser-Ticed with City water and sewer. 17. That the R-3, Residential Distract is described in the Z onina Ordinance , '_' -2~ ~'. ^ ^ ~ . 3 as follows (R-~?) LOW DENSITY RESIDENTI_~L DISTRICT: The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan or the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non- residential uses. The (R-4) District allows for a maximum of four (?) dwellings units per acre and requires connection to the Municipal Water and Se=aer systems of the City of Meridian."; that the R-4 zoning district requires a minimum of 1,x00 square feet to be included in houses in that zone. 18. That the Meridian Comprehensive Plan, under Land Use, Residential Policies, 2.1U states as follows: "Support a variety of residential categories (urban, rural, single-family, multi-family, townhouses, apartments, condominiums, etc. ) for the purpose of providing the City with a range of affordable housing opportsnities." I9. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.3 c., it states as follows: "Within the Urban Sersice Planning Ps ea development may occur in densities as low as 3 dwellings per acre i f ph~TSical connection is made to existing Cit-r of Meridian water and se*.aer se; Dice and she property is platted and subdiv_cea . L0. That the Mer_Q~an Comprehensive Plan, under Land USe, Rural Ares, 0.1, it states as ~ollows: "Residential development is allowed n the rural area provided that said development dces not exceed the Rural Residential AQr=Clltllral denSi~'T, llnlesS 1L 1S 'ns;Qe the Urban ~~~ T.C° Planning Area and City sewer and water is provided, then Low, Medium and Hiah density residential may be considered. All residential development must also comely with• the other appropriate sections of this plan." 21. That the Meridian Comprehensive Plan, under Hcusing, Housing Policies, at page 66, it states as follows: "1.1 The City of Meridian intends to provide for a wide c:ive~sity of housing types ( singlE-tam_' j.~, modular, mcbile homes, multi-family, townhouses arrangements), ." "1.3 An open housing market for all persons, regardless of race, sex, age, religion or ethnic background." "1.4 The development of housing for all income groups dose to employment and shopping centers should be encouraged." 22. That there is a population influx into the City of Meridian at the present time which has been going on for some time and is 1ike11T to continue; that the land is relatively close to Meridian and economic conditions are making it diff_c~uit to continue farm_ina in the area. 23. That the City Engineer has previously submitted comment in different applications that a dete_lnination of ground water level and subsurfaces soil conditions should be made; that such a comment is ecually applicable to this Application. 24. That in prior requests for annexation and zoninc in this area the previous Zoning tsdministrator has commented that annexation could be conditioned on a development agreement including an impact fee to help acquire a future schoei or park 51tc'' t0 ser-re the area and that allIle:YatlonS SilOUld L]e Si1D]eCt t0 1?IiDcCt Lees LOr Dcr:{, DU1.1C°, anQ f~r''c S2rT_C°s aS Qete'~II1rle^r bV file C~ t'T and aesiQnat°a n an aDDrCVe^. QeveloL7ment aQre°__T?lE'_1L; filet S:1C Comment 1s ecuall•T aDA1? Cci71e t0 t:11S :~DD1' C t? On. 25. The Meridian School District submitted comment and such is incorporated herein as if set forth in full; its comment was that there is no eYc~ss capacity in the schools of the District and that residents of the new subdivision could not be assured of attending the neighbonc~od schools; the School District as;ced for support for a development fee or a transfer fec to help offset the costs of building additional schools. 26. That in 1992 the Idaho State Legislature passed amenaments to the Local Planning Act, which in 67-v'b13 Idahc Cade, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of Ser-J1Ce deliverer to current residents or imposing substantial additional costs uo_on current residents to accommodate the subdivision."; that the City o= Meridian is concerned with the increase in population that is occurring and with its impact on the City being aide to provide fire, police , emergency health care, water, sewer, parts and recreation ser~ri ces to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school ser-Dice to current and fuLL're residents of the City; that the City knows tinat the increase in pooulati on does not suf.iciently i *lcre?s2 the ta.~ base to of=set the cost of providincr f_re, poi-ce, emercenc-r health care, water, se*.aer, par'Ls anti recreat_on ~2r'T1C°S; and the Cit-r knows that the _ncreasc in population does not provide su=_icient taY base to provide for school ser-r;ces to C:lr=ent and futura students. 27. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, i= possible, would be retroactive and appi~T to all residential lots in the City because of the imperilment to the health, wel=are, and safety of the citizens of the City of Meridian. 28. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of Long bloc:cs may be requ= red where necessar~r to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 2°. That Section 11-°-505 G 1. states as follows: "P lanting strips shall be rewired to be placed nett to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of t-~ent-_r feet (2 0 ' ) wide , and shall not be a part of the normal street right of way or utility easement." 30. That Section 11-°-505 H 2. states as follows: "E~isting natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 31. That Section 11-9-505 R states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural feaisres and, to lesser extent, by man-made- features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties f=om ad jacSnt arter~.al StrS°t5, waterwalTS, ra~lroaQ r~Cnts Of way Or Othe?" features. AS ~mprOVed areas (landscaped) , se*_.*11- 1II1DrOVe~ arch S ( a 1cnC1SC3pe1 patnwaV Cnly) , Or lln~' 1prDVeC areas ( lef ~ 1n a nnt:lral StatS ~ , lii7ear open SDcC° C^.r=1QOrS S2r7e: 1. To preserve openness; 3 . Te i nterconneot par'{ and epee space SVSte^tS wi thi n ri ahts of way for trai ls, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages anti natural habitat; a. To buffer mar_ intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities . " 32. That Section 11-9-505 L states as follows: ' Bicycle and pedestr~ an pathways shall be encouraged within ne*.a developments as par ~ of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Planning and Zoning Commission shall consider the Bicycle-Pedestrian Design Manual. for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 33. That proper nctice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. CONCLUSIONS 1. That all the prccedural reauire_nents of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing cf notice to ocvners of propert? within 300 feet of the esterzal boundaries of the Applicant's property. 2 . T.`lat file Ci t'T OZ N!er~ than has allt:lOrit-T t0 anneV land pur=cant t0 ~0-.~~ , Tdcll0 Code, and Section ~ 1.-_-1 ''_ % Of tale Revised and COmT]ileQ Ordinances of tale City OZ Meridian; t:lat eVerCj.Se Of file CiL'T'S anne.:at' On au~hOr? tV 1S a L2C1Slct_~Te i1nC~lon. 3. That the Planning and Zoning Commission has judged this annexation and zoning application under Section 50-222, Idaho Code, Title 67, Chapter 6~, Idaho Code, the Meridian City Ordinances, the P~?eridian Comprezensive Flan, as amended, and the record sunmitted to it and things of whicz it can take judicial notice. ~? . ~_'~.at all notice and hearing re!7::;_::.~ =':t5 set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land ~.~rithin the annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a sinoestrinQ annexation. 7. That the annexation application has begin initiated by the Applicant, which is not the titled owner, and the annexation is not upon the initiation of t:7e City of Meridian; that the annexation should be denied i= the owner' s request or consent to annexation and zoning is not filed with the City prior to the hearing befor=_ the City Planning and Zoning Commission. 8. That sinca the annexation and zoning of land is a 1eQ151at1ve function, the Cit;7 haS alltltilOrlty t0 plaC° COnQ1t1OnS upon the annexation of 'land. Burt vs. The City of Idaho Falls 105 ~.daho 6~, 60'S P.D 10i5 (1°e~). That the development of annexed land must meet and comely w't:7 the Ordinances Of the C'tV Of Meridian anC 'n Dcr~~CUlar Cam` `i pn 1 i -~-016 , wn1CI1 ~e~ ta1I15 t0 development time sczedul°_S ana requirements, Segtion 1?-9-505 M., which pertains to the tiling of dltCheS and water ways, and Sect~On 11-9-006 B 1~, Wn1Ch pertains tO pL'eSSUrized 1rr' QatiCn; tnat the ApDl' Cent Will be ret7lllre'1 tO connect to Meridian water and sewer; that the develocment of the property shall be subject to and controlled by the Subdivision and De~~elopment Ordinance; that, as a condition of annexation the Applicant shall be required to enter info a development agreement as authorized by 11-2-MI6 L and 11-2-517 D; that the development agreement shall address the inclusion inio the subdivision of the requirements of 11-9-505 C, G., H 2, K, L and prior comments of the previous Planning Director, Wayne Forney, relating to the lack of adequate recreation facilities and that land set aside for a future park would be desirable, that the City is in need of land set- as1QeS for future pub11C Ser'T1Ce Ilse, that a SCriOO1 S1te was nOt reserved; that the development agreement shall, as a condition of annexation, require that the apAl'Cant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any development fee or transfer fee adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject tO de-annexation and loss Of C1ty servlC°S, 1~ the regL'lremeT!t5 Of this paragraph are nOt met. 10 • That the AI]iJl' Cant' S proper~y ' S 1n C;~mD1' anC° W1th the ComnrehenSiVe elan, ana tererore the annexation and zoning AI~L71_C3t' On .S ..l C.^,nfOrmanC° :v1th tale ComDr°_rlenSlVe Plan. 11. That the requirements of the ~?eridian Cit-r Encineer, includinc those he saec_=icslly sated in his comments and those stated herein in these Findings and Conclusions and at the public hearing, and of the Ada County Highway District, if submitted, Nampa & Meridian Irrigation District, Meridian Fire Department, Idaho Power, and the prior ccmments of the Meridian Planning Director references herein, shall be met and addressed in a develor_.._.._. __~ie=ri~ent. 12. That all ditches, canals, and waterHays shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de-annexation; that the Applicant shall be required to install a pressurized irrigation system, and if not so done the property shall be subject to de-annexation. 13. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and se*aer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation, the Applicant shall be require7d tc enter into a development agreement as authorized by 11-2-a 16 L and 11-2-~ 17 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G 1, H 2, R, L; that the development agreement shall, as a condition of annexation, require that the Applicant, or i rewired, any assigns, heirs, executors or personal representatives, pay, when required, anv impact, de•relopmeni, or transfer feA, adOTJted by the City; that there shall be no annesat1OI1 unt11 t:lE ?"?qll' ~ "'c:nent5 Of t:71S paragraph are meL Or, li nec°ssar;T, the property =hall be subject to de-annexation and ! oss Of C1tV S2r'J? C°S , i ?' t~'1e r20u;_-'2*11e*lt5 OI Lh' S paraQranh art IlOt met_ 1~. That the house size representation of 1,50 square feet must be met. 15. That proper and adequate access to the property is available and will have to be maintained. i6 . y:~at _` ese conditions shall T1n with t.be ?.a.nd and bind the applicant and its assigns. 17. With compliance of the conditions contained herein, the annexation and zoning of R-~? Residential would be in the best interest of the City of Meridian. 18. That if these conditions of approval are not met the property shall be subject to de-annexation. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS T,`le Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CP..LL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJPSII CHAIRMAN JOHNSON (TIE BREAKER) VOTED~~~ VOTED VOTED ~-v~-~ 1 VOTED ~- 4 VOTED DECISION P~iD RECOMMENDATION The Meridian Planning and Zoning Commission herew re~~mme_^.ds t0 the C1tJ Planning and Zoning Comm.l_ssion Of the C=t'7 Of Merl dlan ti7at the`7 apprOVe the anne_:at10n and ZOn1?lg as St3tcQ abOVe 'Dr Lyle property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the Applicant and owners be specifically recuired to file all ditches, canals and waterways and install a przssurized ir~iaation system as conditions of annexation, and that the applicant meet all of the Grdi=~ancas of the City of Meridianr =n°c'-~ically including the development time reQUirements and enter into the required development agree_nent, and that if the conditions are not met that the property be de-annexed. MOTION: / APPROVED: I ~ DISAPPROVED: i